This is the table of contents for Oklahoma Title 63 (Public Health and Safety), a broad public health statute covering vital statistics, communicable disease control, tobacco and alcohol access prevention, maternal and child health, and general health department administration. It does not license or set operating standards for any specific behavioral health, IDD, ABA, or foster care facility type. The 'minor self-consent' annotation likely refers to a separate provision (§63-2602) not included in this text.
View official sourceOKLAHOMA STATUTES
TITLE 63. PUBLIC HEALTH AND SAFETY
§63-1-101. Short title. .................................................................................................................................. 61
§63-1-102. Definitions of terms used in Code. ............................................................................................ 61
§63-1-103. State Board of Health created. .................................................................................................. 61
§63-1-103a. Short title - Oklahoma Public Health Advisory Council Modernization Act. ............................ 63
§63-1-103a.1. Public Health Advisory Councils. ........................................................................................... 63
§63-1-104. State Commissioner of Health – Powers and duties. ................................................................ 69
§63-1-105. State Department of Health created. ........................................................................................ 70
§63-1-105a. Liability insurance for certain employees. ............................................................................... 70
§63-1-105b. Soliciting residents for nursing care facilities. ......................................................................... 70
§63-1-105c. Conflicts of interest. ................................................................................................................. 70
§63-1-105d. Tobacco Prevention and Cessation Revolving Fund. ............................................................... 71
§63-1-105e. Duties of Department of Health. ............................................................................................. 72
§63-1-105f. Office of Accountability Systems. ............................................................................................. 72
§63-1-106. See the following versions: ........................................................................................................ 74
§63-1-106.1. Fee schedule for licenses, permits and other health services. ............................................... 74
§63-1-106.2. Uniform application to be used in credentialing process. ...................................................... 75
§63-1-106.3. Oklahoma Food Service Advisory Council .............................................................................. 76
§63-1-106.4. Chief Medical Officer. ............................................................................................................. 77
§63-1-106v1. State Commissioner of Health - Qualifications - Powers and duties. .................................... 78
§63-1-106v2. State Commissioner of Health - Qualifications - Powers and duties. .................................... 81
§63-1-107. Public Health Special Fund......................................................................................................... 84
§63-1-107.1. Repealed by Laws 2002, c. 3, § 25, emerg. eff. Feb. 15, 2002. ............................................... 85
§63-1-107.1A. Eldercare Revolving Fund. .................................................................................................... 85
§63-1-107.2. Vaccine Revolving Fund. ......................................................................................................... 85
§63-1-107.3. Health Department Media Campaign Revolving Fund. .......................................................... 86
§63-1-107.4. Oklahoma Department of Health Civil Monetary Penalty Revolving Fund. ........................... 86
§63-1-108. Federal funds - Grants and donations. ...................................................................................... 87
§63-1-109. Right to choose practitioner. ..................................................................................................... 87
§63-1-110.1. Children First Fund.................................................................................................................. 87
§63-1-111.1. Repealed by Laws 2004, c. 29, § 1. ......................................................................................... 88
§63-1-114.1. Comprehensive Childhood Lead Poisoning Prevention Program. .......................................... 88
§63-1-114.2. Dental Health Service. ............................................................................................................ 89
§63-1-114.3. Hospitals, health clinics and ambulance services – Display of sign warning of crime for
assaulting medical professional – Reporting for assaults on medical care providers. ............................... 89
§63-1-114.21. Public School Vision Screening Modernization Revolving Fund. .......................................... 90
§63-1-114.22. Grants to public schools for vision-related equipment and services.................................... 91
§63-1-115. Short title. .................................................................................................................................. 91
§63-1-116. Definitions. ................................................................................................................................ 91
§63-1-117. Legislative findings - Intent. ....................................................................................................... 92
§63-1-118. Division of Health Care Information - Powers and duties. ........................................................ 93
§63-1-119. Collection of health care data. ................................................................................................... 94
§63-1-120. Confidentiality of data - Disclosure upon court order - Immunity from liability. ...................... 96
§63-1-121. Reports. ..................................................................................................................................... 97
§63-1-122. Repealed by Laws 2022, c. 157, § 3, eff. Nov. 1, 2022. .............................................................. 97
§63-1-123. Repealed by Laws 1994, c. 283, § 23, eff. Sept. 1, 1994. ........................................................... 97
§63-1-123.1. Transfer of powers, duties, etc. from Oklahoma Health Care Authority to State
Department of Health. ............................................................................................................................... 98
§63-1-131. Repealed by Laws 2021, c. 515, § 3, emerg. eff. May 24, 2021. ................................................ 98
§63-1-132. Repealed by Laws 2021, c. 515, § 4, emerg. eff. May 24, 2021. ................................................ 98
§63-1-132.1. Office of the State Coordinator for Health Information Exchange. ........................................ 98
§63-1-133. State-designated entity for health information exchange – Data exchange by health care
providers. ................................................................................................................................................... 98
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§63-1-201. County board of health - Membership. ..................................................................................... 99
§63-1-202. County board of health - Powers and duties. .......................................................................... 100
§63-1-203. County superintendent of health - Appointment - Compensation. ........................................ 101
§63-1-204. County superintendent of health - Powers and Duties. .......................................................... 101
§63-1-205. County, district and cooperative departments of health - Medical director - Contracts for
public health services. .............................................................................................................................. 102
§63-1-206. Functions of health departments. ........................................................................................... 103
§63-1-206.1. Nonphysician services - Fees - Agreements to provide services - Disposition of funds. ...... 104
§63-1-207. Cooperative departments of health - Agreements for. .......................................................... 105
§63-1-208. Funds for operation of health departments. ........................................................................... 105
§63-1-208.1. Regional guidance centers and services. .............................................................................. 106
§63-1-209. Cities and towns - Health authorities - Licensing and Inspection - Ordinances. ...................... 107
§63-1-209.1. County boards of health as sponsoring agency for National Health Service Corps
assignees. ................................................................................................................................................. 108
§63-1-210. City-county board of health in certain counties - Membership. ............................................. 109
§63-1-211. Organization - Meetings - Compensation. ............................................................................... 110
§63-1-212. Powers and duties of city - county board of health. ................................................................ 110
§63-1-212.1. Peace officer certificates for certain employees. ................................................................. 110
§63-1-213. Board of county commissioners - Rules and regulations - Fees. ............................................. 110
§63-1-214. City-county health departments - Agreement for creation - Powers - Medical director
and other employees. .............................................................................................................................. 111
§63-1-215. Duties of director of city-county health department. ............................................................. 112
§63-1-216. Agreements with other municipalities, agencies and organizations. ...................................... 113
§63-1-217. Fees - Disposition. .................................................................................................................... 113
§63-1-218. Annual budget. ........................................................................................................................ 113
§63-1-218.1. Travel expenses - Reimbursement - Payment by credit card. .............................................. 114
§63-1-219. Child guidance programs, community mental health services and community facilities for
individuals with intellectual disabilities authorized. ................................................................................ 115
§63-1-222.1. Governing boards - Membership - Tenure. .......................................................................... 115
§63-1-222.2. Duties of governing boards. ................................................................................................. 116
§63-1-222.3. Support of programs. ............................................................................................................ 116
§63-1-222.4. Screening of minors to avoid duplication of services. .......................................................... 116
§63-1-223. Constitutional levy for health department. ............................................................................. 117
§63-1-224. Election on constitutional levy. ............................................................................................... 117
§63-1-225. Repeal of constitutional levy. .................................................................................................. 118
§63-1-226. Annual budget for health department. ................................................................................... 118
§63-1-227. Short title - Intent of Legislature - Office of Child Abuse Prevention created. ........................ 118
§63-1-227.1. Definitions. ........................................................................................................................... 119
§63-1-227.2. Power and duties of Office of Child Abuse Prevention. ....................................................... 120
§63-1-227.3. Comprehensive state plan for prevention of child abuse and neglect. ................................ 121
§63-1-227.4. Development and preparation of comprehensive state plan - Proposal for grants for
child abuse prevention programs and services. ....................................................................................... 122
§63-1-227.5. Repealed by Laws 2007, c. 147, § 9, eff. July 1, 2007. .......................................................... 123
§63-1-227.6. Funding of child abuse prevention programs. ...................................................................... 123
§63-1-227.7. Director of Office of Child Abuse Prevention - Power and duties. ....................................... 124
§63-1-227.8. Child Abuse Prevention Fund. .............................................................................................. 125
§63-1-227.9. Child Abuse Training and Coordination Council. .................................................................. 125
§63-1-229.1. Short title. ............................................................................................................................. 127
§63-1-229.2. Definitions. ........................................................................................................................... 128
§63-1-229.3. Tobacco Use Reduction Fund. .............................................................................................. 128
§63-1-229.4. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013. ....................................................... 129
§63-1-229.5. Review and recommendation of State Plan for Tobacco Use Prevention and Cessation –
Invitations to bid for program contract proposals – Evaluations – Youth Tobacco Survey. .................... 129
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§63-1-229.6. Review and approval of Invitations To Bid – Considerations in developing State Plan
and reviewing intergovernmental contracts. ........................................................................................... 130
§63-1-229.7. Retention of unexpended appropriated funds. .................................................................... 131
§63-1-229.8. Contractor reports – Report to Governor and Legislature. .................................................. 132
§63-1-229.11. Short title - Prevention of Youth Access to Tobacco Act. ................................................... 132
§63-1-229.12. Definitions. ......................................................................................................................... 132
§63-1-229.13. Furnishing of tobacco or vapor products to persons under 21 prohibited – Proof of
age – Fines – Liability. .............................................................................................................................. 134
§63-1-229.15. Signs in retail establishments required – Fines. ................................................................. 137
§63-1-229.16. Notice to retail employees - Signed acknowledgement. .................................................... 137
§63-1-229.17. Vending machine sales restricted. ...................................................................................... 138
§63-1-229.18. Distribution of tobacco or vapor products and product samples restricted – Fines –
Municipal ordinances. .............................................................................................................................. 138
§63-1-229.19. Sale of tobacco products except in original, sealed packaging prohibited – Fine –
Municipal ordinances. .............................................................................................................................. 139
§63-1-229.20. Regulation by agencies or political subdivisions restricted. ............................................... 140
§63-1-229.21. Display or sale of tobacco or vapor products – Public access – Fines – Municipal
ordinances. ............................................................................................................................................... 140
§63-1-229.22. Enforcement of Act by ABLE Commission. ......................................................................... 141
§63-1-229.23. Municipalities to furnish information to ABLE Commission. .............................................. 143
§63-1-229.24. Distribution of administrative fines to municipalities. ....................................................... 143
§63-1-229.25. Certain other penalties authorized by law not excluded. .................................................. 143
§63-1-229.26. Transfer of any material or device used in smoking, chewing or consumption of
tobacco or vapor products to persons under 21 prohibited – Administrative fine for violation. ............ 144
§63-1-229.27. Short title - Prevention of Youth Access to Alocholic Beverages and Low-Point Beer
Act. ........................................................................................................................................................... 144
§63-1-229.28. Definitions. ......................................................................................................................... 144
§63-1-229.29. Retail sale of alcoholic beverages or low-point beer – Posting of signs – Penalty. ............ 145
§63-1-229.30. Sale of alcoholic beverages or low-point beer - Notice to employees - Signed
acknowledgement. ................................................................................................................................... 145
§63-1-229.31. Enforcement of act - Enlistment of persons under 21 years of age. .................................. 146
§63-1-229.32. Other penalties authorized by law not excluded. .............................................................. 146
§63-1-229.33. Prevention of Youth Access to Alcohol Revolving Fund. .................................................... 146
§63-1-229.34. Hired bus or limousine service. .......................................................................................... 147
§63-1-229.35. Vapor manufacturers to attest to applying for or receiving a marketing order. ................ 148
§63-1-230. Repealed by Laws 2005, c. 211, § 5, eff. Nov. 1, 2005. ............................................................ 149
§63-1-231. Short title - Purpose. ................................................................................................................ 149
§63-1-232. Statewide program to promote health care. ........................................................................... 149
§63-1-232.1. Prenatal classes - Risks of drug or alcohol use- Treatment – Education and prevention
materials. ................................................................................................................................................. 149
§63-1-232.2. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013. ....................................................... 150
§63-1-233. Providers as state employees - Protection from liability - Employment contracts. ................ 150
§63-1-233.1. Short title - Ava's Law – Information to be provided to pregnant individuals...................... 151
§63-1-234. Repealed by Laws 2005, c. 211, § 5, eff. Nov. 1, 2005. ............................................................ 151
§63-1-234.1. Breast-feeding – Declaration as right. .................................................................................. 151
§63-1-235. Short title. ................................................................................................................................ 151
§63-1-236. Definitions. .............................................................................................................................. 151
§63-1-237. Interagency Coordinating Council for Coordination of Efforts for Prevention of
Adolescent Pregnancy and Sexually Transmitted Diseases. .................................................................... 152
§63-1-237.1. Postponing Sexual Involvement for Young Teens program. ................................................. 153
§63-1-238. State Plan. ................................................................................................................................ 154
§63-1-239. Repealed by Laws 1998, c. 22, § 2, emerg. eff. April 1, 1998. ................................................. 155
§63-1-240. Renumbered as Title 10, § 440 by Laws 2012, c. 253, § 6, eff. Nov. 1, 2012. .......................... 155
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§63-1-241. Renumbered as Title 10, § 441 by Laws 2012, c. 253, § 6. ...................................................... 155
§63-1-242. Short title - Maternal Mortality Review Act. ........................................................................... 155
§63-1-242.1. Definitions. ........................................................................................................................... 155
§63-1-242.2. Maternal Mortality Review Committee. ............................................................................... 155
§63-1-242.3. Investigation – Subpoena for production of records. ........................................................... 157
§63-1-242.4. Composition and structure of Committee. ........................................................................... 158
§63-1-243. Requirements concerning perinatal mental health disorders. ................................................ 159
§63-1-250. Repealed by Laws 2009, c. 178, § 15. ...................................................................................... 161
§63-1-260.1. Short title. ............................................................................................................................. 161
§63-1-260.2. Purposes of act – Duties of Board of Health and Department of Health. ............................ 161
§63-1-260.3. Establishment, promotion, and maintenance of osteoporosis prevention and
treatment education program - Needs assessment. ............................................................................... 162
§63-1-260.4. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013, without reference to the
amendment in Laws 2013, c. 229, § 54 which read as follows: ............................................................... 165
§63-1-260.4. Osteoporosis prevention and awareness. ............................................................................ 165
§63-1-260.5. Replication and use of successful osteoporosis programs – Contracts with national
organizations – Acceptance of grants, services, and property – Federal waivers. .................................. 166
§63-1-270. Plan for statewide coordinated system of care for stroke. ..................................................... 166
§63-1-270.1. Short title. ............................................................................................................................. 167
§63-1-270.2. Human embryo – Stem cell research – Reporting system. ................................................... 167
§63-1-280.1. Sooner Start program treatment of autism spectrum disorders - Funding - Contracts. ...... 168
§63-1-280.2. Primary care provider evaluation training - Applied behavior analysis treatment pilot
project. ..................................................................................................................................................... 168
§63-1-280.3. Outreach program providing intensive behavioral intervention for children with
autism. ..................................................................................................................................................... 169
§63-1-290. Short title. ................................................................................................................................ 169
§63-1-290.1. Definitions. ........................................................................................................................... 169
§63-1-290.2. Registered nurses - Physician-approved protocols. ............................................................. 169
§63-1-290.3. Construction of act - Severability. ........................................................................................ 170
§63-1-291.1. Short title-Oklahoma Veterans Brain Injury Treatment and Recovery Act of 2014. ............ 170
§63-1-291.2. Hyperbaric oxygen treatment defined. ................................................................................ 170
§63-1-291.3. Veterans Traumatic Brain Injury Treatment and Recovery Revolving Fund. ........................ 171
§63-1-291.4. Oklahoma State University Center for Aerospace and Hyperbaric Medicine -
Jurisdiction over treatment and costs...................................................................................................... 171
§63-1-291.5. Approval of treatment plan and funding - Time limit for treatment and submission of
bills. .......................................................................................................................................................... 171
§63-1-291.6. Payment of treatment costs. ................................................................................................ 172
§63-1-292. Definitions. .............................................................................................................................. 172
§63-1-293. Epinephrine auto-injector prescriptions – Training – Providing and administering auto-
injectors – Immunity from liability. .......................................................................................................... 173
§63-1-301. Definitions. .............................................................................................................................. 175
§63-1-302. Rules and regulations. ............................................................................................................. 176
§63-1-303. System of vital statistics. ......................................................................................................... 177
§63-1-304. State Commissioner of Health - Duties. ................................................................................... 177
§63-1-305. Repealed by Laws 2011, c. 105, § 38, eff. Nov. 1, 2011. .......................................................... 177
§63-1-306. Repealed by Laws 2011, c. 105, § 38, eff. Nov. 1, 2011. .......................................................... 177
§63-1-307. Repealed by Laws 2011, c. 105, § 38, eff. Nov. 1, 2011. .......................................................... 177
§63-1-308. Repealed by Laws 2011, c. 105, § 38, eff. Nov. 1, 2011. .......................................................... 177
§63-1-309. Repealed by Laws 2011, c. 105, § 38, eff. Nov. 1, 2011. .......................................................... 177
§63-1-310. Forms of records. ..................................................................................................................... 177
§63-1-311. Birth certificates - Filing - Contents - Surrogates. .................................................................... 178
§63-1-311.1. Obtaining social security numbers for live births and deaths. ............................................. 179
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§63-1-311.2. Secure transmission of information – Disclosure of information – Data sharing
agreement. ............................................................................................................................................... 179
§63-1-311.3. Information regarding acknowledgment of paternity to be provided to unmarried
mother – Availability of forms – Supplementary birth certificate. .......................................................... 180
§63-1-312. Infant of unknown parentage. ................................................................................................. 181
§63-1-313. Delayed birth certificate. ......................................................................................................... 182
§63-1-314. Delayed death certificate. ....................................................................................................... 182
§63-1-315. Judicial proceeding for record of birth. ................................................................................... 182
§63-1-315.1. Verified petition to obtain judicial record of death for a person who died 25 years ago
or longer. .................................................................................................................................................. 183
§63-1-316. New certificate of birth............................................................................................................ 184
§63-1-316a. Heirloom birth certificates. .................................................................................................... 185
A. The State Department of Health shall provide for the issuance of an heirloom birth certificate.
The Department shall design the form of the heirloom birth certificate with the advice and
assistance of the Oklahoma Arts Council and may promote and sell copies of the certificate. An
heirloom birth certificate shall not be used as evidence of live birth nor identification purposes. ........ 186
§63-1-316b. Short title - Death Certificate Accuracy Act. .......................................................................... 186
§63-1-317. See the following versions: ...................................................................................................... 186
§63-1-317a. Electronic capture of death certificate. ................................................................................. 186
§63-1-317b. List of all registered deaths of residents indicated as veterans on death record. ................. 187
§63-1-317c. Confidentiality and disclosure – Construction with Section 1-323. ....................................... 187
§63-1-317d. Sudden unexplained infant death investigation (SUIDI). ....................................................... 187
§63-1-317v1. Death certificate - Filing – Contents - Immunity. ................................................................. 188
§63-1-317v2. Death certificate - Filing – Contents. ................................................................................... 190
§63-1-317v3. Death certificate - Filing – Contents. ................................................................................... 192
§63-1-318. Fetal death certificate - Filing - Contents. ............................................................................... 193
§63-1-318.1. MISSing Angels Act – Christopher and Kendall’s Law. .......................................................... 194
§63-1-318.2. Certificate of birth for stillborn child. ................................................................................... 194
§63-1-319. Disinterment Permit - Notice of Disinterment and Reinterment. ........................................... 194
§63-1-320. Extension of time to file certificate. ........................................................................................ 195
§63-1-321. Amendment of certificate or record. ....................................................................................... 195
§63-1-322. Copies of records - Certification. ............................................................................................. 196
§63-1-323. Vital statistics records confidential – Exceptions – Online public index. ................................. 197
§63-1-323.1. Notification system for identifying missing children. ........................................................... 200
§63-1-324. Certified copies of records - Evidentiary value. ....................................................................... 200
§63-1-324.1. Birth, death or stillbirth certificates - Prohibited acts - Penalties. ....................................... 201
§63-1-324.2. Unlawful acts - Penalties. ..................................................................................................... 202
§63-1-325. Fees for certified copies of records - Noncollectible drafts - Enlistees. .................................. 203
§63-1-326. Inmates of institutions - Records - Deaths. ............................................................................. 203
§63-1-327. Information concerning birth or death. ................................................................................... 204
§63-1-328. Renumbered as § 396.29 of Title 59 by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003. ... 204
§63-1-329.1. Cremation - Burial at sea - Bodies for pathologic study - Disposal permits. ........................ 204
§63-1-330. Repealed by Laws 2003, c. 57, § 30, emerg. eff. April 10, 2003. ............................................. 205
§63-1-331. Renumbered as § 396.30 of Title 59 by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003. ... 205
§63-1-331.1. Renumbered as § 396.31 of Title 59 by Laws 2003, c. 57, § 31, emerg. eff. April 10,
2003. ........................................................................................................................................................ 205
§63-1-332. Renumbered as § 396.32 of Title 59 by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003. ... 205
§63-1-333. Renumbered as § 396.33 of Title 59 by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003. ... 205
§63-1-334. Marriage and divorce – Nonidentifiable aggregate data. ........................................................ 205
§63-1-401. Definitions. .............................................................................................................................. 205
§63-1-402. Examinations for tuberculosis. ................................................................................................ 206
§63-1-403. Exposure to tuberculosis. ........................................................................................................ 206
§63-1-405. Freedom to choose treatment. ............................................................................................... 207
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§63-1-409. Reciprocal agreements. ........................................................................................................... 207
§63-1-410. Hospitalization and treatment. ................................................................................................ 207
§63-1-450. Oklahoma Plan for Comprehensive Treatment of Chronic Obstructive Pulmonary Disease
Act. ........................................................................................................................................................... 207
§63-1-501. Definitions. .............................................................................................................................. 208
§63-1-502. Rules and regulations. ............................................................................................................. 208
§63-1-502.1. Communicable diseases - Universal precautions - Rules and regulations - Risk exposure... 209
§63-1-502.2. Certain information to be confidential - Circumstances under which release permissible
- Written consent defined - Multidisciplinary advisory committee on HIV/HBV-infected health care
workers - Wrongful disclosure of certain information. ............................................................................ 209
§63-1-502.3. Person withdrawing or testing blood for communicable diseases - Civil and criminal
liability - Definitions. ................................................................................................................................ 213
§63-1-502.4. Notice to funeral director or embalmer of communicable disease. .................................... 214
§63-1-503. Reports of disease. .................................................................................................................. 215
§63-1-504. Quarantine - Violation of quarantine unlawful - Injunctive relief. .......................................... 215
§63-1-505. Removal of diseased persons authorized. ............................................................................... 215
§63-1-506. Permission for removal of diseased persons. .......................................................................... 216
§63-1-507. Schools - Attendance of diseased pupils. ................................................................................ 216
§63-1-508. Animals - Quarantine. .............................................................................................................. 216
§63-1-509. Inflammation of eyes of newborn infants. .............................................................................. 217
§63-1-510. Required eye treatment of infant - Exemption. ...................................................................... 217
§63-1-511. Repealed by Laws 2010, c. 196, § 2, eff. Nov. 1, 2010. ............................................................ 217
§63-1-512. Repealed by Laws 2010, c. 196, § 2, eff. Nov. 1, 2010. ............................................................ 218
§63-1-513. Repealed by Laws 2010, c. 196, § 2, eff. Nov. 1, 2010. ............................................................ 218
§63-1-514. Repealed by Laws 2010, c. 196, § 2, eff. Nov. 1, 2010. ............................................................ 218
§63-1-515. Pregnant women - Tests for syphilis. ....................................................................................... 218
§63-1-515.1. Physicians attending upon pregnant females – Blood sample. ............................................ 218
§63-1-516. Reports - Blood tests for syphilis. ............................................................................................ 219
§63-1-516.1. Exemption. ............................................................................................................................ 219
§63-1-517. Definitions. .............................................................................................................................. 219
§63-1-518. Report and treatment of disease. ............................................................................................ 219
§63-1-519. Repealed by Laws 2011, c. 105, § 38, eff. Nov. 1, 2011. .......................................................... 220
§63-1-520. False discharge from treatment - Penalty. .............................................................................. 220
§63-1-521. Repealed by Laws 2024, c. 352, § 6, eff. Nov. 1, 2024. ............................................................ 220
§63-1-522. Treatment without prescription. ............................................................................................. 220
§63-1-522.1. Expedited partner therapy. .................................................................................................. 220
§63-1-523. Repealed by Laws 2023, c. 143, § 1, eff. Nov. 1, 2023. ............................................................ 222
§63-1-524. Prisoners - Examinations - Testing certain persons for sexually transmitted infection (STI)
or human immunodeficiency virus (HIV) - Treatment - Quarantine. ....................................................... 222
§63-1-524.1. Examination of certain arrested persons for a sexually transmitted infection (STI)
including human immunodeficiency virus (HIV) - Court order - Required provisions - Notification
concerning results to victim's designated professional - Treatment - Responsibility for costs. .............. 223
§63-1-525. Exposure of prescriptions and records - Disclosure of results of examinations of persons
arrested for certain sex offenses and offenses involving human immunodeficiency virus (HIV) -
Testing and counseling services - Rules and regulations. ........................................................................ 226
§63-1-526. Rules and regulations. ............................................................................................................. 227
§63-1-527. Reports of a sexually transmitted infection............................................................................. 227
§63-1-528. Sexually transmitted infection cases - Instructions - Notification. .......................................... 228
§63-1-529. Investigations by health officers. ............................................................................................. 228
§63-1-530. Protection against spread of infection. ................................................................................... 228
§63-1-531. Certificates of freedom from infection. ................................................................................... 229
§63-1-532. Publicity of information and reports. ...................................................................................... 229
§63-1-532.1. Minor's consent to examination and treatment for sexually transmitted infections. ......... 229
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§63-1-533. See the following versions: ...................................................................................................... 229
§63-1-533v1. Phenylketonuria, related inborn metabolic disorders and other genetic or biochemical
disorders - Educational and newborn screening programs. .................................................................... 229
§63-1-533v2. Phenylketonuria, related inborn metabolic disorders and other genetic or biochemical
disorders - Educational and newborn screening programs. .................................................................... 230
§63-1-534. Tests. ........................................................................................................................................ 231
§63-1-534.1. State Plan for the Prevention and Treatment of AIDS - Lead agency - Submission to
Legislature - Preparation. ......................................................................................................................... 231
§63-1-534.2. State Plan for the Prevention and Treatment of AIDS - Contents. ....................................... 232
§63-1-539.1. Short title - Definitions. ........................................................................................................ 233
§63-1-539.2. Needlestick Injury Prevention Committee – Appointments – Powers and duties. .............. 234
§63-1-539.3. Uniform rules to be promulgated by certain state agencies. ............................................... 237
§63-1-539.11. Short title — First Responders Job Protection Act. ............................................................ 238
§63-1-539.12. Definitions. ......................................................................................................................... 238
§63-1-539.13. Verbal report of passive exposure prior to testing. ............................................................ 239
§63-1-540. Information campaign on DES. ................................................................................................ 239
§63-1-541. Registry of persons who took DES. .......................................................................................... 239
§63-1-542. Report of findings and recommendations. .............................................................................. 240
§63-1-543. Short title - Screening for detection of congenital or acquired hearing loss. .......................... 240
§63-1-543.3. Grand funding for sickle cell disease. ................................................................................... 240
§63-1-544. Report of results. ..................................................................................................................... 241
§63-1-545. Publication of results - Release of information. ...................................................................... 241
§63-1-546.1. Short title – Legislative findings. ........................................................................................... 241
§63-1-546.2. Repealed by Laws 2004, c. 92, § 5, eff. July 1, 2004. ............................................................ 241
§63-1-546.3. Repealed by Laws 2004, c. 92, § 5, eff. July 1, 2004. ............................................................ 241
§63-1-546.4. Duties of Department of Health and Department of Mental Health and Substance
Abuse Services. ........................................................................................................................................ 242
§63-1-546.5. District attorney multidisciplinary teams - Appropriate dispositions. .................................. 242
§63-1-550.1. Definitions. ........................................................................................................................... 242
§63-1-550.2. Birth defects surveillance program....................................................................................... 243
§63-1-550.3. Record of Infants Born Exposed to Alcohol and Other Harmful Substances. ....................... 245
§63-1-550.4. Short title – Fayelen's Law. ................................................................................................... 246
§63-1-550.5. Birthing facility – Pulse oximetry screening. ......................................................................... 246
§63-1-551.1. Tumor registry. ..................................................................................................................... 246
§63-1-552. Investigations and other actions - Compilation and evaluation of information. ..................... 248
§63-1-553. Bone marrow donation program. ............................................................................................ 249
§63-1-553.1. Mammography reports – Breast density classification. ....................................................... 249
§63-1-554. Oklahoma Breast and Cervical Cancer Act. .............................................................................. 250
§63-1-555. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013. .......................................................... 250
§63-1-556. Contract review and recommendation. .................................................................................. 250
§63-1-557. Breast and Cervical Cancer Act Revolving Fund. ..................................................................... 252
§63-1-558. State income tax return check-off. .......................................................................................... 252
§63-1-559. Belle Maxine Hilliard Breast and Cervical Cancer Treatment Revolving Fund. ........................ 253
§63-1-559.1. Repealed by Laws 2017, c. 47, § 1, eff. Nov. 1, 2017. ........................................................... 253
§63-1-559.2a. Quality Afterschool Opportunities Act to Reduce Childhood Obesity and Improve
Academic Performance. ........................................................................................................................... 253
§63-1-559.2b. Legislative findings. ............................................................................................................ 253
§63-1-559.2c. Obesity reduction programs - Department duties - Rules. ................................................. 254
§63-1-560.1. Repealed by Laws 2017, c. 47, § 1, eff. Nov. 1, 2017. ........................................................... 254
§63-1-561. Short title. ................................................................................................................................ 254
§63-1-562. Definitions. .............................................................................................................................. 254
§63-1-563. Genetic counselors - License required. .................................................................................... 256
§63-1-564. Requirements for licensure - Issuance of temporary license. ................................................. 256
Oklahoma Statutes - Title 63. Public Health and Safety Page 8
§63-1-565. Requirements for temporary licensure - Term of license. ....................................................... 256
§63-1-566. Exceptions to licensure requirement. ...................................................................................... 257
§63-1-567. Continuing education requirements. ....................................................................................... 258
§63-1-568. Licensure, accreditation, certification not contingent upon acceptance of abortion as
treatment option. .................................................................................................................................... 258
§63-1-569. Licensure requirements - Rules. .............................................................................................. 259
§63-1-570. Genetic Counseling Licensure Revolving Fund. ....................................................................... 259
§63-1-575. Short title - Courtney's Law – Information for chromosomal disorders. ................................. 260
§63-1-580. Short title — Barbara Weber Amyotrophic Lateral Sclerosis (ALS) Grant Program. ............... 261
§63-1-580.1. Creation of program — Purpose — Annual report. .............................................................. 261
§63-1-580.2. Barbara Weber Amyotrophic Lateral Sclerosis (ALS) Grant Program Revolving Fund. ........ 261
§63-1-604. Transfer of General Hospital to City of Clinton. ....................................................................... 262
§63-1-605. Unexpended appropriations - Continuance. ........................................................................... 262
§63-1-606. Successor owners as eligible employers for participation in Public Employees Retirement
System. ..................................................................................................................................................... 262
§63-1-701. Definitions. .............................................................................................................................. 263
§63-1-702. Licenses required - Practice of healing arts or medicine ......................................................... 265
§63-1-702.1. Public trust hospital address transfer limits. ........................................................................ 266
§63-1-702.2. Mandatory trustee education program — Certified Hospital Trustee. ................................ 266
§63-1-702a. Licensing of birthing centers to cease. .................................................................................. 267
§63-1-702b. Repealed by Laws 2006, c. 315, § 18, emerg. eff. June 9, 2006. ........................................... 267
§63-1-702c. Enhanced reimbursement program for services provided to Medicare beneficiaries. ......... 267
§63-1-702d. Repealed by Laws 2006, c. 315, § 19, emerg. eff. June 9, 2006. ........................................... 267
§63-1-702e. Uncompensated Care Equalization Revolving Fund. ............................................................. 267
§63-1-702f. Reporting of maternal death. ................................................................................................. 268
§63-1-703. Licenses - Application - Evidence of qualifications. ................................................................. 268
§63-1-704. Licenses - Fees - Duration - Posting. ........................................................................................ 268
§63-1-705. Rules and standards - Inspection - Application of other laws - Community-based
programs and services to be provided. .................................................................................................... 269
§63-1-706. Licenses - Issuance, suspension and revocation. ..................................................................... 270
§63-1-706.1. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ......................................................... 271
§63-1-706.2. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ......................................................... 271
§63-1-706.3. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ......................................................... 271
§63-1-706.4. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ......................................................... 271
§63-1-706.5. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ......................................................... 271
§63-1-706.10. Short title. ........................................................................................................................... 271
§63-1-706.11. Recognition of Center as resource to state's emergency medical services system. .......... 271
§63-1-706.12. Purposes of Center. ............................................................................................................ 272
§63-1-706.21. Distribution of opioid antagonists at hospitals. .................................................................. 272
§63-1-706a. Short title - No Patient Left Alone Act. .................................................................................. 274
§63-1-707. Rules and standards – Oklahoma Hospital Advisory Council. .................................................. 275
§63-1-707a. Staff privileges - Applications - Psychologists. ....................................................................... 277
§63-1-707b. Granting of staff privileges - Criteria. .................................................................................... 278
§63-1-709. Information confidential. ......................................................................................................... 279
§63-1-710. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ............................................................ 279
§63-1-711. Survey and inventory of hospitals and health centers. ........................................................... 279
§63-1-712. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ............................................................ 279
§63-1-713. Standards of United States Surgeon General to be followed - Reports. ................................. 279
§63-1-713.1. Federally Qualified Health Centers - Compliance with federal law - Investigation of and
sanctions for noncompliance - Board member training and certification. .............................................. 280
§63-1-714. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ............................................................ 281
§63-1-715. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ............................................................ 281
§63-1-716. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ............................................................ 281
Oklahoma Statutes - Title 63. Public Health and Safety Page 9
§63-1-717. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ............................................................ 281
§63-1-718. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ............................................................ 281
§63-1-719. Bonds of counties, cities and towns. ....................................................................................... 281
§63-1-720. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ............................................................ 282
§63-1-721. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ............................................................ 282
§63-1-722. Electronic- or computer-generated signatures of physician. .................................................. 282
§63-1-723. Primary Health Care Development Revolving Fund. ............................................................... 283
§63-1-723.2. Discount program for qualified self-pay patients - Defense in collection action. ................ 283
§63-1-724. Health centers – Contracts, donations, and grants. ................................................................ 284
§63-1-725.1. Short title - Transparency in Health Care Prices Act. ............................................................ 284
§63-1-725.2. Definitions. ........................................................................................................................... 284
§63-1-725.3. Publicly available prices for common services. .................................................................... 285
§63-1-725.4. Prices required for certain services. ..................................................................................... 286
§63-1-725.5. Agency review of prices prohibited. ..................................................................................... 286
§63-1-725.11. Definitions. ......................................................................................................................... 286
§63-1-725.12. Hospitals — Public lists of standard charges. ..................................................................... 288
§63-1-725.13. List requirements. ............................................................................................................... 288
§63-1-725.14. Included shoppable services. .............................................................................................. 289
§63-1-725.15. Compliance monitoring. ..................................................................................................... 291
§63-1-725.16. Violations. ........................................................................................................................... 292
§63-1-725.17. Noncompliance — Patient collection protections. ............................................................. 293
§63-1-727. Human cloning. ........................................................................................................................ 294
§63-1-728. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2, 2010. ................................................. 294
§63-1-728.1. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2, 2010. .............................................. 295
§63-1-728.2. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2, 2010. .............................................. 295
§63-1-728.3. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2, 2010. .............................................. 295
§63-1-728.4. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2, 2010. .............................................. 295
§63-1-728.5. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2, 2010. .............................................. 295
§63-1-728a. Short title. .............................................................................................................................. 295
§63-1-728b. Definitions. ............................................................................................................................ 295
§63-1-728c. Prohibits employer discrimination - Applicable circumstances. ............................................ 296
§63-1-728d. No requirement to admit patients - Employee refusal to participate and immunity. .......... 296
§63-1-728e. Discrimination - Circumstances - Prohibitions. ...................................................................... 297
§63-1-728f. Ability to sue - Damages. ........................................................................................................ 298
§63-1-729. Repealed by Laws 2010, c. 48, § 2, emerg. eff. April 2, 2010. ................................................. 298
§63-1-729.1. Physician presence for abortion-inducing drugs. ................................................................. 298
§63-1-729.2. Violation of act - Penalties. ................................................................................................... 298
§63-1-729.3. Civil actions - Damages and injunctive relief - Civil contempt. ............................................. 299
§63-1-729.4. Anonymity of woman upon whom abortion is performed. ................................................. 300
§63-1-729.5. Immunity from civil action. ................................................................................................... 300
§63-1-729.6. Interpretation of act. ............................................................................................................ 300
§63-1-729.7. Severability of act. ................................................................................................................ 301
§63-1-729a. Sale or distribution of RU-486. .............................................................................................. 301
§63-1-730. Definitions. .............................................................................................................................. 307
§63-1-731. Persons who may perform abortions - Violations. .................................................................. 308
§63-1-731.1. Repealed by Laws 2010, c. 46, § 2, emerg. eff. April 2, 2010. .............................................. 309
§63-1-731.2. Prohibiting certain abortions - Penalties. ............................................................................. 309
§63-1-731.3. Detectable heartbeat – Abortion prohibited. ....................................................................... 310
§63-1-731.4. Abortion prohibited – Exception - Penalties. ........................................................................ 311
§63-1-732. Viable fetus - Grounds to abort - Procedure. .......................................................................... 312
§63-1-733. Self-induced abortions. ............................................................................................................ 313
§63-1-734. Live-born fetus - Care and treatment. ..................................................................................... 313
§63-1-735. Sale of child, unborn child or remains of child - Experiments. ................................................ 314
Oklahoma Statutes - Title 63. Public Health and Safety Page 10
§63-1-736. Hospitals - Advertising of counseling to pregnant women. ..................................................... 314
§63-1-737. Hospitals which may perform abortions. ................................................................................ 314
§63-1-737.1. Repealed by Laws 2010, c. 163, § 4, emerg. eff. April 22, 2010. .......................................... 315
§63-1-737.2. Repealed by Laws 2010, c. 163, § 4, emerg. eff. April 22, 2010. .......................................... 315
§63-1-737.3. Repealed by Laws 2010, c. 163, § 4, emerg. eff. April 22, 2010. .......................................... 315
§63-1-737.4. Required signage in abortion facilities. ................................................................................ 315
§63-1-737.5. Failure to post signage in abortion facilities – Fine – Cause of action. ................................. 316
§63-1-737.6. Orally inform minors in abortion facilities – Minor certification. ......................................... 316
§63-1-737.7. Short title - Oklahoma Unborn Child Protection from Dismemberment Abortion Act. ....... 317
§63-1-737.8. Definitions. ........................................................................................................................... 317
§63-1-737.9. Unlawful dismemberment abortions - Exceptions. .............................................................. 319
§63-1-737.10. Injunctive relief. .................................................................................................................. 319
§63-1-737.11. Civil damages action. .......................................................................................................... 320
§63-1-737.12. Attorney fees. ..................................................................................................................... 320
§63-1-737.13. Penalties. ............................................................................................................................ 320
§63-1-737.14. Disclosure of identity. ......................................................................................................... 321
§63-1-737.15. Limitations of act. ............................................................................................................... 321
§63-1-737.16. Severability. ........................................................................................................................ 321
§63-1-738. Repealed by Laws 2009, c. 227, § 12, eff. Nov. 1, 2009. .......................................................... 322
§63-1-738.1. Repealed by Laws 2010, c. 173, § 4, emerg. eff. April 27, 2010. .......................................... 322
§63-1-738.1A. Definitions. ......................................................................................................................... 322
§63-1-738.2. Voluntary and informed consent - Compliance by physicians - Confirmation of receipt
of medical risk information. ..................................................................................................................... 323
§63-1-738.3. Print and online information - Requirements....................................................................... 325
§63-1-738.3a. Form tracking voluntary and informed consent - Contents of form - Submission - Late
fee. ........................................................................................................................................................... 327
§63-1-738.3b. Repealed by Laws 2010, c. 173, § 4, emerg. eff. April 27, 2010. ........................................ 329
§63-1-738.3c. Repealed by Laws 2010, c. 173, § 4, emerg. eff. April 27, 2010.......................................... 329
§63-1-738.3d. Ultrasound required prior to procedure - Written certification - Medical emergency
exception.................................................................................................................................................. 329
§63-1-738.3e. Violation of ultrasound requirement - Injunctive relief - Action for damages - License
suspension. .............................................................................................................................................. 330
§63-1-738.3f. Civil actions - Damages. ....................................................................................................... 331
§63-1-738.3g. Reasonable costs and attorney fees. .................................................................................. 332
§63-1-738.3h. Identity of woman upon whom abortion performed - Disclosure. .................................... 333
§63-1-738.3i. Statute of limitations. .......................................................................................................... 333
§63-1-738.3j. Interpretation of act. ........................................................................................................... 334
§63-1-738.3k. Severability of act. .............................................................................................................. 334
§63-1-738.4. Medical emergency abortions – Physician's judgment – Patient's right to information. ..... 334
§63-1-738.5 Disciplinary action. ................................................................................................................ 334
§63-1-738.5a. Severability. ........................................................................................................................ 335
§63-1-738.6. Short title. ............................................................................................................................. 335
§63-1-738.7. Definitions. ........................................................................................................................... 336
§63-1-738.8. Review of materials, notice in cases of twenty-plus weeks' gestation - Certification,
furnishing of information. ........................................................................................................................ 336
§63-1-738.9. Use of anesthetic or analgesic to eliminate or alleviate pain - Notice. ................................ 337
§63-1-738.10. Publication of materials on twenty-week gestation - Legibility - Availability at no cost. ... 337
§63-1-738.11. Web site, development and maintenance. ........................................................................ 338
§63-1-738.12. Medical emergency abortion - Notice of medical indications. ........................................... 339
§63-1-738.13. Reporting forms - Submission of copies - Late fees - Public report - Alteration of dates. .. 339
§63-1-738.14. Violation of Act - Penalties. ................................................................................................ 341
§63-1-738.15. Failure to comply with Act or issue public report - Civil liability. ....................................... 341
Oklahoma Statutes - Title 63. Public Health and Safety Page 11
§63-1-738.16. Civil or criminal actions - Anonymity of person upon whom abortion has been
performed or attempted. ......................................................................................................................... 342
§63-1-738.17. Severability of provisions. ................................................................................................... 342
§63-1-738a. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010. .......................................................... 342
§63-1-738b. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010. .......................................................... 343
§63-1-738c. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010. .......................................................... 343
§63-1-738d. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010. .......................................................... 343
§63-1-738e. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010. .......................................................... 343
§63-1-738f. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010. .......................................................... 343
§63-1-738g. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010. .......................................................... 343
§63-1-738h. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010. .......................................................... 343
§63-1-738i. Statistical Abortion Reporting Act. ......................................................................................... 343
§63-1-738j. Individual Abortion Form - Submission of abortion statistics................................................. 343
§63-1-738k. Posting of Individual Abortion Form - Notice - Sample form. ................................................ 344
§63-1-738l. Complications of Induced Abortion Report - Sample form. ................................................... 353
§63-1-738m. Annual Abortion Report - Annual Judicial Bypass of Abortion Parental Consent
Summary Report. ..................................................................................................................................... 355
§63-1-738n. Notification of physicians - Late fee - Promulgation of rules – Claims brought by
taxpayers. ................................................................................................................................................. 361
§63-1-738o. Authority to intervene by right. ............................................................................................. 363
§63-1-738p. Judicial order restraining or enjoining Statistical Abortion Reporting Act. ........................... 363
§63-1-738q. Injucntion or restraining orders – Enforcement of provisions. ............................................. 363
§63-1-739. Records. ................................................................................................................................... 364
§63-1-740. Abortion on minor without parental consent or knowledge - Liability. .................................. 364
§63-1-740.1. Definitions. ........................................................................................................................... 364
§63-1-740.2. Consent of parent - Requirements - Exceptions - Forms. ..................................................... 365
§63-1-740.2A. Evaluation and counseling session. .................................................................................... 367
§63-1-740.3. Judicial authorization prior to abortion - Court proceedings - Confidentiality - Appeal. ..... 368
§63-1-740.4. Illegal abortion on unemancipated minor - Criminal and civil liability. ................................ 369
§63-1-740.4a. Report of procedure - Contents - Submission - Late fee - Public report - Rules - Failure
to post public report - Attorneys fees. ..................................................................................................... 370
§63-1-740.4b. Unlawful acts - Defense - Civil action - Consent. ................................................................ 372
§63-1-740.5. Severability. .......................................................................................................................... 374
§63-1-740.6. Enjoinder, suspension, or delay of act. ................................................................................. 374
§63-1-740.11. Nongovernmental entities providing alternatives-to-abortion services, funding -
Annual reports - Contracts for services - Rules. ....................................................................................... 374
§63-1-740.12. Alternatives-to-Abortion Services Revolving Fund. ............................................................ 375
§63-1-740.13. Consent form. ..................................................................................................................... 375
§63-1-740.14. Injunctions or restraining orders – Enforcement of provisions. ......................................... 378
§63-1-740.15. Short title - Choosing Childbirth Act. .................................................................................. 378
§63-1-740.16. Definitions. ......................................................................................................................... 378
§63-1-740.17. Department of Health grants to private organizations for services. .................................. 379
§63-1-740.18. Monitor and review of grant-supervising entities. ............................................................. 380
§63-1-740.19. Severability. ........................................................................................................................ 381
§63-1-740.20. Choosing Childbirth Revolving Fund. .................................................................................. 381
§63-1-741. Abortions - Refusal to perform or participate - Exemptions. .................................................. 381
§63-1-741.1. Performance or assisting performance of abortion by state employee or agency
prohibited - Exceptions - Use of public funds to encourage abortions prohibited. ................................. 382
§63-1-741.2. Repealed by Laws 2011, c. 92, § 2, eff. Nov. 1, 2011. ........................................................... 383
§63-1-741.3. Patient Protection and Affordable Care Act - Qualified insurance plans - Elective
abortion prohibited. ................................................................................................................................. 383
§63-1-741.11. Repealed by Laws 2010, c. 171, § 2, emerg. eff. April 27, 2010. ........................................ 384
§63-1-741.12. Wrongful life or wrongful birth action - Damages. ............................................................. 384
Oklahoma Statutes - Title 63. Public Health and Safety Page 12
§63-1-742. Payment for securing or soliciting patients for hospital or other entity - Penalties -
Construction of act - Exceptions. ............................................................................................................. 385
§63-1-743. Advertisement of mammography services - Disclosure of cost - Penalty. .............................. 387
§63-1-744. Short title - Parental Notification for Abortion Act. ................................................................ 387
§63-1-744.1. Definitions. ........................................................................................................................... 387
§63-1-744.2. Notice – Waiting period. ....................................................................................................... 388
§63-1-744.3. Medical emergency – Notice requirement. .......................................................................... 388
§63-1-744.4. Exceptions to notice requirement. ....................................................................................... 389
§63-1-744.5. Criminal and civil liability. ..................................................................................................... 389
§63-1-744.6. Injunction or restraining orders – Enforcement of provisions. ............................................ 389
§63-1-745.1. Pain-Capable Unborn Child Protection Act. .......................................................................... 390
§63-1-745.2. Definitions. ........................................................................................................................... 390
§63-1-745.3. Legislative findings. ............................................................................................................... 391
§63-1-745.4. Abortion requirements – Determination of probable postfertilization age of unborn
child. ......................................................................................................................................................... 392
§63-1-745.5. Abortions prohibited when probable postfertilization age of unborn child is 20 or more
weeks – Exceptions – Procedure for abortion. ........................................................................................ 393
§63-1-745.6. Abortion – Report to State Department of Health – Public statistical report – Late fee. .... 394
§63-1-745.7. Violations of act. ................................................................................................................... 395
§63-1-745.8. Suits upon violation of act – Injunctive relief – Attorney fees. ............................................ 396
§63-1-745.9. Public disclosure of woman's identity whom an abortion was performed on. .................... 396
§63-1-745.10. Severability. ........................................................................................................................ 397
§63-1-745.11. Construction of act. ............................................................................................................ 398
§63-1-745.12. Heartbeat Informed Consent Act. ...................................................................................... 398
§63-1-745.13. Definitions. ......................................................................................................................... 398
§63-1-745.14. Making heartbeat audible before abortion. ....................................................................... 399
§63-1-745.15. Application of act. ............................................................................................................... 400
§63-1-745.16. Violations of act - Penalties - Civil actions. ......................................................................... 400
§63-1-745.17. Public disclosure of identity. ............................................................................................... 401
§63-1-745.18. Interpretation of statute. ................................................................................................... 401
§63-1-745.19. Severability of act. .............................................................................................................. 402
§63-1-745.31. Short title - Oklahoma Heartbeat Act. ................................................................................ 402
§63-1-745.32. Definitions. ......................................................................................................................... 402
§63-1-745.33. Determining presence of fetal heartbeat. .......................................................................... 403
§63-1-745.34. Abortion not to be performed if heartbeat detected. ........................................................ 403
§63-1-745.35. Medical emergency. ........................................................................................................... 404
§63-1-745.36. Federal agencies, contractors or employees – Preemption or intergovernmental
immunity. ................................................................................................................................................. 404
§63-1-745.37. Construction of act. ............................................................................................................ 404
§63-1-745.38. Enforcement. ...................................................................................................................... 404
§63-1-745.39. Private civil action. .............................................................................................................. 405
§63-1-745.40. Affirmative defense. ........................................................................................................... 407
§63-1-745.41. Venue. ................................................................................................................................. 408
§63-1-745.42. Sovereign, governmental, and official immunity. ............................................................... 408
§63-1-745.43. Liability for costs and attorney fees. .................................................................................. 409
§63-1-745.44. Legislative intent - Severability. .......................................................................................... 410
§63-1-745.51. Definitions. ......................................................................................................................... 412
§63-1-745.52. Abortion prohibited - Exceptions. ...................................................................................... 412
§63-1-745.53. Application of federal law. .................................................................................................. 413
§63-1-745.54. Enforcement. ...................................................................................................................... 413
§63-1-745.55. Private civil actions. ............................................................................................................ 413
§63-1-745.56. Affirmative defense. ........................................................................................................... 416
§63-1-745.57. Venue. ................................................................................................................................. 417
Oklahoma Statutes - Title 63. Public Health and Safety Page 13
§63-1-745.58. Immunity - Jurisdiction. ...................................................................................................... 417
§63-1-745.59. Legislative intent - Severability. .......................................................................................... 418
§63-1-745.60. Application with other state abortion laws. ....................................................................... 420
§63-1-746.1. Definitions. ........................................................................................................................... 420
§63-1-746.2. Voluntary and informed consent. ......................................................................................... 421
§63-1-746.3. Printed materials to provide information. ............................................................................ 422
§63-1-746.4. Website to provide information. .......................................................................................... 422
§63-1-746.5. Medical emergency. ............................................................................................................. 423
§63-1-746.6. Reporting form for physicians. ............................................................................................. 423
§63-1-746.7. Violations - Penalties. ........................................................................................................... 425
§63-1-746.8. Violations – Civil actions for mother, father or grandparent. .............................................. 425
§63-1-746.9. Anonymity in court proceedings. ......................................................................................... 426
§63-1-746.10. Severability. ........................................................................................................................ 426
§63-1-747.1. Short title - Prioritization of Public Funding in the Purchasing of Family Planning and
Counseling Services Act. .......................................................................................................................... 427
§63-1-747.2. Definitions. ........................................................................................................................... 427
§63-1-747.3. Order of priority.................................................................................................................... 427
§63-1-747.4. Cause of action. .................................................................................................................... 428
§63-1-747.5. Severability. .......................................................................................................................... 428
§63-1-748. Abortion facility standards - Admitting privileges requirement - Violations - Penalties. ........ 428
§63-1-749. Preservation of fetal tissue extracted. ..................................................................................... 432
§63-1-749.1. Inspections of abortion facilities. ......................................................................................... 433
§63-1-750. Criminal and civil penalties - Civil liability - Severability. ......................................................... 434
§63-1-751. Short title - Humanity of the Unborn Child Act. ...................................................................... 435
§63-1-752. Pregnancy assistance — Agencies and services available — Promotion on social media
platforms .................................................................................................................................................. 436
§63-1-753. Development and distribution of educational and informational materials – Community
assistance. ................................................................................................................................................ 436
§63-1-754. Instructional program for students. ........................................................................................ 437
§63-1-755. Public Education on the Humanity of the Unborn Child Fund. ................................................ 438
§63-1-756. Medication abortions – Signage required for mifepristone use – Required information for
patients – Violations - Penalties. .............................................................................................................. 438
§63-1-756.1. Short title - Oklahoma Abortion-Inducing Drug Risk Protocol Act. ...................................... 442
§63-1-756.2. Definitions. ........................................................................................................................... 443
§63-1-756.3. Methods of providing drugs. ................................................................................................ 445
§63-1-756.4. Required steps to be performed by qualified physician. ...................................................... 445
§63-1-756.5. Drugs not to be provided in any school facility or state grounds. ........................................ 446
§63-1-756.6. Informed consent required. ................................................................................................. 446
§63-1-756.7. Statement on information regarding reversing an abortion – Printed and website
materials. ................................................................................................................................................. 448
§63-1-756.8. Reports to be submitted on each drug-induced abortion – Annual statistical report
upon data gathered. ................................................................................................................................ 449
§63-1-756.9. Creation and distribution of forms. ...................................................................................... 451
§63-1-756.10. Violations – Criminal penalties. .......................................................................................... 452
§63-1-756.11. Violations – Civil penalties. ................................................................................................. 452
§63-1-756.12. Construction and application of act. .................................................................................. 453
§63-1-756.13. Joint resolution for legislators to intervene in cases challenging constitutionality............ 453
§63-1-756.14. Severability. ........................................................................................................................ 453
§63-1-757.1. Short title - Oklahoma Abortion-Inducing Drug Certification Program Act. ......................... 453
§63-1-757.2. Definitions. ........................................................................................................................... 453
§63-1-757.3. Application of act. ................................................................................................................. 456
§63-1-757.4. Oklahoma Abortion-Inducing Drug Certification Program. .................................................. 456
Oklahoma Statutes - Title 63. Public Health and Safety Page 14
§63-1-757.5. Promulgation of rules – Requirements for manufacturers and distributors –
Requirements for physicians. ................................................................................................................... 456
§63-1-757.6. Certification system for manufacturers and distributors. .................................................... 457
§63-1-757.7. Certification system for physicians. ...................................................................................... 458
§63-1-757.8. Certified physician requirements. ........................................................................................ 460
§63-1-757.9. Reporting system for certified physicians to report annually. ............................................. 461
§63-1-757.10. Violations – Criminal penalties. .......................................................................................... 462
§63-1-757.11. Violations – Civil penalties. ................................................................................................. 463
§63-1-757.12. Enforcement scheme. ......................................................................................................... 464
§63-1-757.13. Complaint portals. .............................................................................................................. 465
§63-1-757.14. Construction and application of act. .................................................................................. 466
§63-1-757.15. Joint resolution for legislators to intervene in cases challenging constitutionality............ 466
§63-1-757.16. Severability. ........................................................................................................................ 466
§63-1-818.1. Renumbered as § 1430.1 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ............ 466
§63-1-818.2. Renumbered as § 1430.2 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ............ 466
§63-1-818.3. Renumbered as § 1430.3 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ............ 466
§63-1-818.4. Renumbered as § 1430.4 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ............ 467
§63-1-818.5. Renumbered as § 1430.5 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ............ 467
§63-1-818.6. Renumbered as § 1430.6 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ............ 467
§63-1-818.7. Renumbered as § 1430.7 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ............ 467
§63-1-818.8. Renumbered as § 1430.8 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ............ 467
§63-1-818.9. Renumbered as § 1430.9 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ............ 467
§63-1-818.10. Renumbered as § 1430.10 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 467
§63-1-818.11. Renumbered as § 1430.11 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 467
§63-1-818.12. Renumbered as § 1430.12 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 467
§63-1-818.13. Renumbered as § 1430.13 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 467
§63-1-818.14. Renumbered as § 1430.14 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 467
§63-1-818.15. Renumbered as § 1430.15 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 467
§63-1-818.16. Renumbered as § 1430.16 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 467
§63-1-818.17. Renumbered as § 1430.17 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 467
§63-1-818.18. Renumbered as § 1430.18 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 467
§63-1-818.19. Renumbered as § 1430.19 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 467
§63-1-818.20. Renumbered as § 1430.20 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.21. Renumbered as § 1430.21 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.22. Renumbered as § 1430.22 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.23. Renumbered as § 1430.23 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.24. Renumbered as § 1430.24 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.25. Renumbered as § 1430.25 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.26. Renumbered as § 1430.26 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.27. Renumbered as § 1430.27 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.28. Renumbered as § 1430.28 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.29. Renumbered as § 1430.29 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.30. Renumbered as § 1430.30 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.31. Renumbered as § 1430.31 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.32. Renumbered as § 1430.32 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.33. Renumbered as § 1430.33 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.34. Renumbered as § 1430.34 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 468
§63-1-818.35. Renumbered as § 1430.35 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 469
§63-1-818.36. Renumbered as § 1430.36 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 469
§63-1-818.37. Renumbered as § 1430.37 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 469
§63-1-818.38. Renumbered as § 1430.38 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 469
§63-1-818.39. Renumbered as § 1430.39 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 469
§63-1-818.40. Renumbered as § 1430.40 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 469
Oklahoma Statutes - Title 63. Public Health and Safety Page 15
§63-1-818.41. Renumbered as § 1430.41 of Title 10 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. ........ 469
§63-1-819. Residential Care Act. ................................................................................................................ 469
§63-1-820. Definitions. .............................................................................................................................. 469
§63-1-821. Rules - Powers and duties. ....................................................................................................... 472
§63-1-821.1. Repealed by Laws 2017, c. 47, § 1, eff. Nov. 1, 2017. ........................................................... 474
§63-1-822. Application for license - Fee - Information required - Qualifications - Issuance of license -
Expiration - Modification - Renewal. ........................................................................................................ 474
§63-1-823. Transfer of ownership of home - Probationary license required - Notice of transfer. ............ 476
§63-1-824. Probationary license - Duration - Conditions for issuance - Termination - Issuance or
denial of regular license. .......................................................................................................................... 477
§63-1-825. Violation of act - Penalties and liabilities. ................................................................................ 477
§63-1-826. Denial, refusal to renew, suspension or revocation of license. ............................................... 478
§63-1-827. Effective date of nonrenewal, suspension or revocation of license - Hearing - New
application - New license. ........................................................................................................................ 479
§63-1-828. Fire safety inspections - Fire safety rules and regulations. ...................................................... 480
§63-1-828.1. State agencies - Placement of persons in unlicensed residential care homes prohibited. .. 480
§63-1-829. Inspections and investigations - Reports. ................................................................................ 480
§63-1-830. Complaints - Notice - Hearing - Orders - Emergencies. ........................................................... 482
§63-1-830.1. Participation in dispute resolution panels ............................................................................ 483
§63-1-830.2. Challenge to statement of deficiency – Informal dispute resolution – Alternative
informal dispute resolution. .................................................................................................................... 484
§63-1-831. Report or plan of correction. ................................................................................................... 485
§63-1-832. Prohibited acts - Violations. ..................................................................................................... 485
§63-1-833. Penalties. ................................................................................................................................. 486
§63-1-834. Prosecution of violations - Action for equitable relief. ............................................................ 487
§63-1-835. Administration of medication to resident. .............................................................................. 487
§63-1-836. Rules ensuring minimum standards for homes. ...................................................................... 487
§63-1-837. Insuring life of resident - Persons eligible - Assignment of benefits of life insurance policy... 490
§63-1-838. Repealed by Laws 2001, c. 410, § 21, eff. Nov. 1, 2001. .......................................................... 490
§63-1-839. Disposition of monies received by Department. ..................................................................... 490
§63-1-840. Other provisions applicable to residential care homes. .......................................................... 491
§63-1-841. Accounting of clients' financial records. .................................................................................. 491
§63-1-842. Residents' representatives. ..................................................................................................... 491
§63-1-849. Renumbered as § 629 of Title 57 by Laws 2015, c. 227, § 2, eff. Nov. 1, 2015. ...................... 492
§63-1-850. Short title. ................................................................................................................................ 492
§63-1-851. Public policy as to development of long-term services. .......................................................... 492
§63-1-851.1. Definitions. ........................................................................................................................... 492
§63-1-851.2. Department - Powers and duties - Participation in federal programs - Collection of
monthly data. ........................................................................................................................................... 494
§63-1-851.3. Certificate of need required. ................................................................................................ 495
§63-1-852. Long-term care facility certificate of need – Requirements - Exemptions. ............................. 496
§63-1-852.1. Fees - Maximum fee - Capital cost for acquisition - Request for exemption. ...................... 500
§63-1-853. Findings as to necessity. .......................................................................................................... 500
§63-1-853.1. Investigation of application by not-for-profit life care community for certificate of
need. ........................................................................................................................................................ 503
§63-1-854.1. Appeal of findings. ................................................................................................................ 504
§63-1-857. Time for submitting plans and specifications - Time for construction - Time for
acquisition. ............................................................................................................................................... 505
§63-1-857.1. Rules and regulations - Oaths - Reports. .............................................................................. 506
§63-1-857.2. Decision granting or denying certificate of need for new long-term care facility -
Written findings of facts, conclusions of law and explanations required. ............................................... 506
§63-1-857.4. Repealed by Laws 2004, c. 436, § 14, emerg. eff. June 4, 2004. .......................................... 507
§63-1-857.6. Oklahoma Health Planning Commission - Abolition - Transfer of funds, property, etc. ...... 507
Oklahoma Statutes - Title 63. Public Health and Safety Page 16
§63-1-858. Penalties. ................................................................................................................................. 507
§63-1-859. Provisions as supplemental. .................................................................................................... 508
§63-1-859.1. Volunteer program. .............................................................................................................. 508
§63-1-860.1. Short title. ............................................................................................................................. 508
§63-1-860.2. Definitions. ........................................................................................................................... 508
§63-1-860.2a. Hospices exempt from act. ................................................................................................. 510
§63-1-860.3. Contents of hospice program. .............................................................................................. 510
§63-1-860.4. Requirements and conditions for hospices - Hospice teams - Records - Governing body
- Administrators. ...................................................................................................................................... 510
§63-1-860.5. Department - Powers and duties. ......................................................................................... 514
§63-1-860.6. First-year or permanent license - Application - Plan for delivery of services - Term and
renewal of license - Conditional license. .................................................................................................. 515
§63-1-860.7. Patient care when patient unable to pay. ............................................................................ 517
§63-1-860.8. Inspections and investigations. ............................................................................................ 517
§63-1-860.9. Denial, refusal to renew, suspension or revocation of license. ............................................ 517
§63-1-860.9a. Violations - Administrative fines. ........................................................................................ 518
§63-1-860.10. Complaints - Notice - Hearing - Orders - Service of order or other instrument. ................ 519
§63-1-860.11. Appeals. .............................................................................................................................. 520
§63-1-860.12. Attorney General - Equitable relief. .................................................................................... 521
§63-1-860.13. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013. ..................................................... 521
§63-1-860.14. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013, without reference to the
amendment in Laws 2013, c. 229, § 57 which read as follows: ............................................................... 521
§63-1-860.14. Annual report on the improvement of hospice care. ......................................................... 521
§63-1-860.15. Fees. .................................................................................................................................... 521
§63-1-860.16. Hospice Revolving Fund. ..................................................................................................... 522
§63-1-862. Continuing education requirements for administrators. ........................................................ 522
§63-1-865.1. Sheltered Workshop Act. ...................................................................................................... 523
§63-1-865.2. Definitions. ........................................................................................................................... 523
§63-1-865.3. Department of Human Services – Powers and duties – Sheltered workshops. ................... 524
§63-1-865.4. License renewal – Application requirements. ...................................................................... 525
§63-1-865.5. Sheltered workshop conditional license. .............................................................................. 527
§63-1-865.6. Sheltered workshop license - Transfer. ................................................................................ 528
§63-1-865.7. Sheltered workshop inspection - Notice. ............................................................................. 528
§63-1-865.8. Criminal history records – Criminal background check - Confidentiality. ............................. 529
§63-1-866.1. Definitions. ........................................................................................................................... 530
§63-1-866.2. Referral agency — Disclosure statement. ............................................................................ 531
§63-1-866.3. Referral agency restrictions. ................................................................................................. 531
§63-1-866.4. Referral agency duties. ......................................................................................................... 532
§63-1-866.5. Compensation. ...................................................................................................................... 533
§63-1-866.6. Violations. ............................................................................................................................. 533
§63-1-870. Legislative statement of need. ................................................................................................ 533
§63-1-871. Short title. ................................................................................................................................ 534
§63-1-872. Definitions. .............................................................................................................................. 534
§63-1-873. Licensure requirements and standards - Centers required to be licensed. ............................. 534
§63-1-874. Application for license - Renewal - Proof of compliance with law. ......................................... 535
§63-1-875. Inspection by State Department of Health. ............................................................................. 536
§63-1-876. Denial, suspension, non-renewal or revocation of license - notice - Hearing -
Reinstatement of suspended license. ...................................................................................................... 536
§63-1-877. Discontinuance of operation of a center - Notification of participants and Department -
Surrender of license. ................................................................................................................................ 537
§63-1-878. Unlawful operation or misrepresentation - Penalties - Misdemeanor - Prosecution - Civil
actions - Remedies. .................................................................................................................................. 537
§63-1-879.1. Repealed by Laws 2007, c. 93, § 7, eff. Nov. 1, 2007. ........................................................... 538
Oklahoma Statutes - Title 63. Public Health and Safety Page 17
§63-1-879.2. Alzheimer's Research Advisory Council - Powers, duties and responsibilities. .................... 538
§63-1-879.2a. Short title - Alzheimer's Dementia and Other Forms of Dementia Special Care
Disclosure Act. .......................................................................................................................................... 539
§63-1-879.2b. Definitions. ......................................................................................................................... 539
§63-1-879.2c. Required disclosure – Promulgation of rules - Alzheimer-Dementia Disclosure Act
Advisory Council. ...................................................................................................................................... 539
§63-1-879.3. Core Neuropathology Laboratory. ........................................................................................ 542
§63-1-879.4. Repealed by Laws 1994, c. 283, § 22, eff. Sept. 1, 1994. ...................................................... 543
§63-1-880.1. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024. ............................................. 543
§63-1-880.2. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024. ............................................. 543
§63-1-880.3. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024. ............................................. 543
§63-1-880.4. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024. ............................................. 543
§63-1-880.5. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024. ............................................. 543
§63-1-880.6. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024. ............................................. 543
§63-1-880.7. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024. ............................................. 543
§63-1-880.8. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024. ............................................. 543
§63-1-880.9. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024. ............................................. 543
§63-1-880.10. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024. ........................................... 543
§63-1-880.11. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024. ........................................... 543
§63-1-880.12. Payment or acceptance of payment for securing or soliciting patients for psychiatric
or chemical dependency facility. ............................................................................................................. 544
§63-1-881. Prescribing antipsychotic drugs to long-term care facility residents – Written consent –
Denial of admission. ................................................................................................................................. 545
§63-1-890.1. Short title. ............................................................................................................................. 548
§63-1-890.2. Definitions. ........................................................................................................................... 548
§63-1-890.3. Promulgation of rules - Contents - Other applicable acts. ................................................... 549
§63-1-890.4. Application to establish or license a continuum of care facility or assisted living center. ... 550
§63-1-890.5. License required. .................................................................................................................. 551
§63-1-890.6. Application of act - Bans on admission - Penalties. .............................................................. 552
§63-1-890.7. Repealed by Laws 2003, c. 16, § 1. ....................................................................................... 553
§63-1-890.8. Provision of home care, nursing, hospice and private services - Plan of accommodation
for certain disabled residents. ................................................................................................................. 553
§63-1-890.9. Internal quality assurance committee. ................................................................................. 556
§63-1-891. Supervision of nurse aide trainees. ......................................................................................... 556
§63-1-894. Quality of care fees – Assessment upon repeal of federal requirements. .............................. 556
§63-1-895. Informal dispute resolution panel. .......................................................................................... 557
§63-1-899.1. Repealed by Laws 2002, c. 112, § 5, eff. Dec. 31, 2002. ....................................................... 557
§63-1-901. Definitions. .............................................................................................................................. 557
§63-1-902. Renumbered as § 2-6-701 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ........... 557
§63-1-903. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ......................................................... 558
§63-1-904. Renumbered as § 2-6-303 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ........... 558
§63-1-905. Renumbered as § 2-4-201 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ........... 558
§63-1-906. Renumbered as § 2-6-305 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ........... 558
§63-1-907. Renumbered as § 2-6-304 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ........... 558
§63-1-908. Renumbered as § 2-6-401 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ........... 558
§63-1-909. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ......................................................... 558
§63-1-909A. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ....................................................... 558
§63-1-910. Renumbered as § 2-6-403 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ........... 558
§63-1-911. Renumbered as § 2-6-302 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ........... 558
§63-1-912. Renumbered as § 2-6-601 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ........... 558
§63-1-913. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ......................................................... 558
§63-1-914. Cooperation in clearing area and controlling malaria. ............................................................ 558
§63-1-915. Bottled water - Plants - Sale or distribution - Permits required. ............................................. 558
Oklahoma Statutes - Title 63. Public Health and Safety Page 18
§63-1-916. Fees for permits. ...................................................................................................................... 559
§63-1-917. Standards for bottled water plants. ........................................................................................ 559
§63-1-918. Standards, rules and regulations. ............................................................................................ 559
§63-1-919. Plans for bottled water plants. ................................................................................................ 560
§63-1-931. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ......................................................... 560
§63-1-932. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ......................................................... 560
§63-1-933. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ......................................................... 560
§63-1-935. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ......................................................... 560
§63-1-1001. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996. ............................................................. 560
§63-1-1001.1. Short title. ........................................................................................................................... 560
§63-1-1001.2. Application of act - Exceptions. .......................................................................................... 560
§63-1-1001.3. Definitions. ......................................................................................................................... 560
§63-1-1001.4. Unlawful actions. ................................................................................................................ 561
§63-1-1001.5. Promulgation of rules. ........................................................................................................ 562
§63-1-1001.6. Embargo of unlawful bedding. ........................................................................................... 562
§63-1-1001.7. Permits. ............................................................................................................................... 564
§63-1-1001.8. Inspections. ......................................................................................................................... 565
§63-1-1002. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996. ............................................................. 565
§63-1-1002.1. Short title. ........................................................................................................................... 565
§63-1-1002.2. Requirements for retailers of bunk beds. ........................................................................... 565
§63-1-1002.3. Fines. ................................................................................................................................... 566
§63-1-1002.4. Application of act. ............................................................................................................... 566
§63-1-1003. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996. ............................................................. 566
§63-1-1004. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996. ............................................................. 566
§63-1-1005. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996. ............................................................. 566
§63-1-1006. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996. ............................................................. 566
§63-1-1007. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996. ............................................................. 566
§63-1-1008. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996. ............................................................. 566
§63-1-1009. Renumbered as § 2-6-801 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 567
§63-1-1010. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ....................................................... 567
§63-1-1011. Health nuisances - Removal - Collection of cost of removal. ................................................ 567
§63-1-1013. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024. .......................................................... 568
§63-1-1013.1. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024. ....................................................... 568
§63-1-1013.2. Revocation of public bathing place license. ....................................................................... 568
§63-1-1014. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024. .......................................................... 568
§63-1-1015. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024. .......................................................... 568
§63-1-1016. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024. .......................................................... 568
§63-1-1016A. Procedure for use of public restrooms. ............................................................................... 568
§63-1-1016B. Penalty. ................................................................................................................................ 568
§63-1-1017. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024. .......................................................... 568
§63-1-1018. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024. .......................................................... 568
§63-1-1019. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024. .......................................................... 569
§63-1-1020. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024. .......................................................... 569
§63-1-1020.1. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024. ....................................................... 569
§63-1-1021. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024. .......................................................... 569
§63-1-1022. Regulation of public pools and spas. ..................................................................................... 569
§63-1-1101. Definitions. ............................................................................................................................ 570
§63-1-1102. Acts prohibited. ..................................................................................................................... 572
§63-1-1103. Injunctions authorized. .......................................................................................................... 573
§63-1-1104. Violations - Punishment. ........................................................................................................ 573
§63-1-1105. Embargo authorized - Nuisances. .......................................................................................... 574
§63-1-1106. Prosecution for violations. ..................................................................................................... 575
§63-1-1107. Discretion in prosecution. ...................................................................................................... 575
Oklahoma Statutes - Title 63. Public Health and Safety Page 19
§63-1-1108. Rules and regulations - Definitions - Standards. .................................................................... 575
§63-1-1109. Adulterated food. .................................................................................................................. 576
§63-1-1110. Misbranding of food. ............................................................................................................. 577
§63-1-1111. Permits authorized. ............................................................................................................... 578
§63-1-1112. Adding substances to food. ................................................................................................... 579
§63-1-1113. False advertising. ................................................................................................................... 579
§63-1-1114. Rules and regulations - Enforcement. ................................................................................... 580
§63-1-1115. Inspections. ............................................................................................................................ 580
§63-1-1116. Publication of reports. ........................................................................................................... 581
§63-1-1117. Conformity to federal requirements. .................................................................................... 581
§63-1-1118. Food establishment license - Exemptions - Fee-exempt license - Sanitation standards. ...... 581
§63-1-1118.1. Unattended food establishments – Criteria - Permits. ....................................................... 583
§63-1-1119. License required - Manufacturers, wholesalers, brokers of foods and drugs - Exception. ... 586
§63-1-1120. Definitions. ............................................................................................................................ 586
§63-1-1121. License. .................................................................................................................................. 587
§63-1-1122. License fee. ............................................................................................................................ 587
§63-1-1123. Examination of plant.............................................................................................................. 587
§63-1-1124. Inspection and revocation of license. .................................................................................... 587
§63-1-1125. Storing of impure foods. ........................................................................................................ 588
§63-1-1126. Goods not intended for human consumption. ...................................................................... 588
§63-1-1127. Construction of plant - Equipment. ....................................................................................... 588
§63-1-1128. Sanitation and cleanliness. .................................................................................................... 588
§63-1-1129. Water supply - Toilet facilities. .............................................................................................. 589
§63-1-1130. Temperatures required. ........................................................................................................ 589
§63-1-1131. Inspection, wrapping, identification of stored food. ............................................................. 590
§63-1-1132. Warehousemen. .................................................................................................................... 590
§63-1-1133. Storage lien. ........................................................................................................................... 590
§63-1-1134. State board of health. ............................................................................................................ 591
§63-1-1135. Repealed by Laws 2013, c. 2, § 3, eff. Nov. 1, 2013. .............................................................. 591
§63-1-1136. Repealed by Laws 2013, c. 2, § 3, eff. Nov. 1, 2013. .............................................................. 591
§63-1-1137. Repealed by Laws 2013, c. 2, § 3, eff. Nov. 1, 2013. .............................................................. 591
§63-1-1138. Repealed by Laws 2013, c. 2, § 3, eff. Nov. 1, 2013. .............................................................. 591
§63-1-1139. Repealed by Laws 2013, c. 2, § 3, eff. Nov. 1, 2013. .............................................................. 591
§63-1-1150. Authority to operate – Permissible locations – Promulgation of rules. ................................ 591
§63-1-1151. Regulation by local authority. ................................................................................................ 593
§63-1-1152. Administrative hearing for suspension or revocation of license – Civil penalties. ................ 595
§63-1-1153. Right to appeal....................................................................................................................... 595
§63-1-1154. Construction of act. ............................................................................................................... 596
§63-1-1160. False advertising or misbranding food - Penalties. ................................................................ 596
§63-1-1201. Hotels, motels, etc. - Licenses required - Rules and regulations. .......................................... 598
§63-1-1301.1. Renumbered as § 7-401 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ............. 599
§63-1-1301.2. Renumbered as § 7-402 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ............. 599
§63-1-1301.3. Renumbered as § 7-403 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ............. 599
§63-1-1301.4. Renumbered as § 7-404 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ............. 599
§63-1-1301.5. Renumbered as § 7-405 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ............. 599
§63-1-1301.6. Renumbered as § 7-406 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ............. 599
§63-1-1301.7. Renumbered as § 7-407 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ............. 599
§63-1-1301.8. Renumbered as § 7-408 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ............. 599
§63-1-1301.9. Renumbered as § 7-409 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ............. 599
§63-1-1301.10. Renumbered as § 7-410 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ........... 599
§63-1-1301.11. Renumbered as § 7-411 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ........... 599
§63-1-1301.12. Renumbered as § 7-412 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ........... 599
§63-1-1301.13. Renumbered as § 7-413 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ........... 599
Oklahoma Statutes - Title 63. Public Health and Safety Page 20
§63-1-1301.14. Renumbered as § 7-414 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ........... 599
§63-1-1301.15. Renumbered as § 7-415 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ........... 599
§63-1-1301.16. Renumbered as § 7-416 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ........... 600
§63-1-1301.17. Renumbered as § 7-417 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ........... 600
§63-1-1301.18. Renumbered as § 7-418 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ........... 600
§63-1-1301.19. Renumbered as § 7-419 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ........... 600
§63-1-1301.20. Renumbered as § 7-420 of Title 2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. ........... 600
§63-1-1301.30. Short title. ......................................................................................................................... 600
§63-1-1301.31. Legislative intent. .............................................................................................................. 600
§63-1-1301.32. Purpose of act. .................................................................................................................. 600
§63-1-1301.33. Labeling and advertising. .................................................................................................. 601
§63-1-1301.34. Separate display. .............................................................................................................. 602
§63-1-1301.35. Food establishments - notice. .......................................................................................... 602
§63-1-1301.36. Registration. ..................................................................................................................... 603
§63-1-1301.37. License to manufacture. ................................................................................................... 603
§63-1-1301.38. Import license. .................................................................................................................. 604
§63-1-1301.39. Rules, regulations and orders - Waiver on exports. ......................................................... 604
§63-1-1301.40. Penalties. .......................................................................................................................... 605
§63-1-1301.41. Deposit of funds. .............................................................................................................. 606
§63-1-1330. Short title - Oklahoma Honey Sales Act. ................................................................................ 606
§63-1-1331. Beekeepers - Exemptions from regulation and inspection. .................................................. 606
§63-1-1401. Definitions. ............................................................................................................................ 607
§63-1-1402. Acts prohibited. ..................................................................................................................... 608
§63-1-1403. Injunction. .............................................................................................................................. 609
§63-1-1404. Violations - Penalties - Exemptions. ...................................................................................... 609
§63-1-1405. Embargo................................................................................................................................. 610
§63-1-1406. Prosecution for violations. ..................................................................................................... 611
§63-1-1407. Minor violations. .................................................................................................................... 611
§63-1-1408. Adulteration of drugs and devices. ........................................................................................ 612
§63-1-1409. Misbranding of drugs and devices. ........................................................................................ 613
§63-1-1410. Adulteration of cosmetics. ..................................................................................................... 615
§63-1-1411. Misbranding of cosmetics. ..................................................................................................... 616
§63-1-1412. Advertisements - False or misleading. ................................................................................... 616
§63-1-1413. Regulations - Hearings - Notice. ............................................................................................ 617
§63-1-1414. Inspections. ............................................................................................................................ 618
§63-1-1415. Publication of reports and information. ................................................................................ 618
§63-1-1430. Forced implantation of microchip or permanent mark prohibited. ...................................... 618
§63-1-1431. Labeling requirements for cannabidiol. ................................................................................. 618
§63-1-1432.1. Short title - Oklahoma Kratom Consumer Protection Act. ................................................. 619
§63-1-1432.2. Definitions. ......................................................................................................................... 619
§63-1-1432.3. Product disclosure by vendor. ............................................................................................ 620
§63-1-1432.4. Prohibited products – Labeling requirements – Distribution to minors prohibited –
Test results. .............................................................................................................................................. 621
§63-1-1432.5. Violations - Penalties. ......................................................................................................... 622
§63-1-1440. Recodified as § 5-4.1 of Title 2 by Laws 2017, c. 85, § 3, eff. Nov. 1, 2017. .......................... 623
§63-1-1440.1. Recodified as § 5-4.2 of Title 2 by Laws 2017, c. 85, § 4, eff. Nov. 1, 2017. ....................... 623
§63-1-1440.2. Recodified as § 5-4.3 of Title 2 by Laws 2017, c. 85, § 5, eff. Nov. 1, 2017. ....................... 623
§63-1-1440.3. Recodified as § 5-4.4 of Title 2 by Laws 2017, c. 85, § 6, eff. Nov. 1, 2017. ....................... 623
§63-1-1440.4. Recodified as § 5-4.5 of Title 2 by Laws 2017, c. 85, § 6, eff. Nov. 1, 2017. ....................... 623
§63-1-1440.5. Recodified as § 5-4.6 of Title 2 by Laws 2017, c. 85, § 6, eff. Nov. 1, 2017. ....................... 623
§63-1-1450. Legislative findings – Short title. ............................................................................................ 623
§63-1-1451. Definitions. ............................................................................................................................ 623
§63-1-1452. Authorized personnel - Supervision. ..................................................................................... 624
Oklahoma Statutes - Title 63. Public Health and Safety Page 21
§63-1-1453. Certification. .......................................................................................................................... 625
§63-1-1454. Restrictions for certification - Application. ............................................................................ 625
§63-1-1455. Training and testing - Certification by reciprocity. ................................................................ 626
§63-1-1456. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013. ........................................................ 628
§63-1-1457. Fees - Effective period for certification. ................................................................................ 628
§63-1-1458. Violations - Application. ......................................................................................................... 628
§63-1-1501. Occupational diseases - Reports - Detection and prevention - Agreements. ........................ 630
§63-1-1501.1. Diagnostic X-Ray Facility Act - Short title. ........................................................................... 631
§63-1-1502. Definitions. ............................................................................................................................ 631
§63-1-1503. Diagnostic x-ray systems - Official state agency - Healing arts practitioners. ....................... 631
§63-1-1504. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ....................................................... 632
§63-1-1504.1. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013. ..................................................... 632
§63-1-1505. Rules for diagnostic x-ray facilities. ....................................................................................... 632
§63-1-1508. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ....................................................... 632
§63-1-1509. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ....................................................... 633
§63-1-1510. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ....................................................... 633
§63-1-1511. Noise control and abatement - Studies. ................................................................................ 633
§63-1-1512. State Department of Health as official agency. ..................................................................... 633
§63-1-1513. Cooperation with federal agencies. ....................................................................................... 633
§63-1-1514. State agencies and local government to cooperate with Department. ................................ 633
§63-1-1515. Clean Air in Restaurants Act - Restaurant rebate program. .................................................. 633
§63-1-1521. Short title. .............................................................................................................................. 634
§63-1-1522. Definitions. ............................................................................................................................ 634
§63-1-1523. Smoking in certain places prohibited - Exemptions. ............................................................. 635
§63-1-1524. Repealed by Laws 2003, S.J.R. No. 21, § 7, eff. Sept. 1, 2003. ............................................... 639
§63-1-1525. Measures to prevent smoking in nonsmoking areas. ............................................................ 639
§63-1-1526. Rules and regulations. ........................................................................................................... 639
§63-1-1526.1. Administrative fines - Nursing facilities and employees - Child care facilities. ................... 639
§63-1-1527. Legislative intent. ................................................................................................................... 640
§63-1-1528. Smoking in motor vehicles whre children are present. ......................................................... 640
§63-1-1529. Use of tobacco products prohibited on all properties owned, leased or contracted for
use by the state. ....................................................................................................................................... 640
§63-1-1530. Development of strategies to prevent tobacco and vapor product use by persons under
21. ............................................................................................................................................................ 640
§63-1-1531. Smoking cessation fee. .......................................................................................................... 641
§63-1-1532. Health Care Enhancement Fund. ........................................................................................... 642
§63-1-1601. Definitions. ............................................................................................................................ 642
§63-1-1602. Regulations - State Board of Health. ..................................................................................... 644
§63-1-1603. Acts prohibited. ..................................................................................................................... 645
§63-1-1604. Violations - Penalties - Exemptions. ...................................................................................... 646
§63-1-1605. Embargo................................................................................................................................. 647
§63-1-1606. Prosecutions for violations. ................................................................................................... 648
§63-1-1607. Injunction. .............................................................................................................................. 648
§63-1-1608. Rules and regulations. ........................................................................................................... 648
§63-1-1609. Right of access - Inspections. ................................................................................................. 648
§63-1-1610. Inspections of records. .......................................................................................................... 649
§63-1-1611. Publication of reports and information. ................................................................................ 649
§63-1-1701. Penalties for violation of act - Injunctive relief. ..................................................................... 649
§63-1-1701.1A. Violation of rules, regulations or standards - Orders - Penalties. .................................... 651
§63-1-1701.1B. Collection of fines - Limiting construction of act. ............................................................. 651
§63-1-1701.2. Administrative warrants. .................................................................................................... 652
§63-1-1702. Renewal of license or permit - Grace period - Renewal fee - Penalty fee - Prohibited
renewal. ................................................................................................................................................... 652
Oklahoma Statutes - Title 63. Public Health and Safety Page 22
§63-1-1703. Old licenses continued in effect. ........................................................................................... 652
§63-1-1704. Status of employees under Merit System not changed. ....................................................... 652
§63-1-1707. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ....................................................... 653
§63-1-1708. Malpractice insurance on doctors and nurses in health departments - Liability. ................. 653
§63-1-1708.1A. Short title. ......................................................................................................................... 653
§63-1-1708.1B. Legislative findings - Purpose. .......................................................................................... 653
§63-1-1708.1C. Definitions. ....................................................................................................................... 654
§63-1-1708.1D. Medical liability actions - Evidence. ................................................................................. 655
§63-1-1708.1E. Repealed by Laws 2013, 1st Ex.Sess., c. 12, § 6. ............................................................... 655
§63-1-1708.1F-1. Noneconomic damages – Hard cap limit – Exception – Applicability and
termination of section. ............................................................................................................................ 655
§63-1-1708.1F. Medical liability actions - Damages. ................................................................................. 657
§63-1-1708.1G. Repealed by Laws 2009, c. 228, § 87, eff. Nov. 1, 2009. .................................................. 657
§63-1-1708.1H. Statements, conduct, etc. expressing apology, sympathy, etc. – Admissibility –
Definitions. ............................................................................................................................................... 657
§63-1-1708.1I. Expert witnesses – Qualifications. ..................................................................................... 658
§63-1-1709. Information concerning condition and treatment of patients - Restrictions - Exemption
from liability - Review committees. ......................................................................................................... 658
§63-1-1709.1. Peer review information. .................................................................................................... 659
§63-1-1710. Retirement system. ............................................................................................................... 662
§63-1-1712. Failure to comply with or breach of certain federal laws inadmissible. ................................ 663
§63-1-1750. Rules and regulations. ........................................................................................................... 663
§63-1-1751. License fees. .......................................................................................................................... 663
Fees for licenses issued by the State Board of Health to practice the fitting and dealing of hearing
aids shall be set by the State Board of Health at rates not less than the following schedule: ................ 663
§63-1-1752. Abolition of Board of Hearing Aid Dealers and Fitters. ......................................................... 664
§63-1-1753. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013. ........................................................ 664
§63-1-1754. Renewal of permit or license. ................................................................................................ 664
§63-1-1801. Renumbered as § 2-5-101 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 664
§63-1-1802. Renumbered as § 2-5-102 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 664
§63-1-1803. Renumbered as § 2-5-103 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 664
§63-1-1804. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May 15, 1992. .......................................... 664
§63-1-1804.1. Renumbered as § 2-5-104 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 664
§63-1-1805. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May 15, 1992. .......................................... 664
§63-1-1805.1. Renumbered as § 2-5-105 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 665
§63-1-1806. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May 15, 1992. .......................................... 665
§63-1-1806.1. Renumbered as § 2-5-106 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 665
§63-1-1807. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May 15, 1992. .......................................... 665
§63-1-1807.1. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. .................................................... 665
§63-1-1808. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May 15, 1992. .......................................... 665
§63-1-1808.1. Renumbered as § 2-5-107 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 665
§63-1-1809. Renumbered as § 2-5-108 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 665
§63-1-1810. Renumbered as § 2-5-109 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 665
§63-1-1811. Renumbered as § 2-5-110 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 665
§63-1-1812. Renumbered as § 2-5-111 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 665
§63-1-1813. Renumbered as § 2-5-112 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 665
§63-1-1814. Renumbered as § 2-5-113 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 665
§63-1-1815. Renumbered as § 2-5-114 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 665
§63-1-1816. Renumbered as § 2-5-115 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 665
§63-1-1817. Renumbered as § 2-5-116 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 665
§63-1-1818. Renumbered as § 2-5-117 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 666
§63-1-1819. Renumbered as § 2-5-118 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 666
§63-1-1900.1. Long-Term Care Reform and Accountability Act of 2001. .................................................. 666
Oklahoma Statutes - Title 63. Public Health and Safety Page 23
§63-1-1900.2. Waiver of Nursing Home Care Act provisions and rules. .................................................... 666
§63-1-1901. Short title. .............................................................................................................................. 666
§63-1-1902. Definitions. ............................................................................................................................ 667
§63-1-1903. License required - Exemptions - Practice of healing arts not authorized – Application of
act to facilities not receiving public funds................................................................................................ 670
§63-1-1904. Licensure and certification - Purpose - Procedure - Violations - Applications. ...................... 671
§63-1-1905. Application fee - Form and display of license - Renewal - Transfer of ownership or
operation of facility - Conditional license - Liability of transferor - Unannounced inspections. .............. 672
§63-1-1906. Issuance and renewal of licenses - Initial license - Denial of application - Notice of denial
- Suspension or revocation - Administrative penalties - Effective date of nonrenewal or revocation -
Application following revocation. ............................................................................................................ 674
§63-1-1907. Repealed by Laws 1991, c. 127, § 13, emerg. eff. April 29, 1991. ......................................... 677
§63-1-1908. Fire safety standards - Vendor payments. ............................................................................. 677
§63-1-1908.1. Funding source for temporary managers, state monitors or receivers – Nursing
Facility Administrative Penalties Fund. .................................................................................................... 677
§63-1-1909. Documents and papers required to be displayed. ................................................................ 678
§63-1-1910. Records required to be retained for public inspection. ......................................................... 679
§63-1-1911. Inspections - Meetings - Reports - Departmental files. ......................................................... 679
§63-1-1912. Notice of violation and right to hearing – Emergency orders - Appeal. ................................ 681
§63-1-1913. Repealed by Laws 1991, c. 127, § 13, emerg. eff. April 29, 1991. ......................................... 682
§63-1-1914. Plan of correction of violations to be submitted - Report of correction - Petition for time
extension - Contest of department action. .............................................................................................. 683
§63-1-1914.1. Remedies for violations - Considerations in determining appropriate remedy. ................ 683
§63-1-1914.2. Temporary managers. ........................................................................................................ 685
§63-1-1914.3. Informal dispute resolution meeting. ................................................................................. 689
§63-1-1914.4. Definitions. ......................................................................................................................... 689
§63-1-1914.5. Written request for informal dispute resolution. ............................................................... 689
§63-1-1914.6. Informal dispute resolution - Impartial decision maker. .................................................... 690
§63-1-1914.7. Employment status of impartial decision maker. ............................................................... 691
§63-1-1914.8. Informal dispute resolution - Procedure. ........................................................................... 691
§63-1-1914.9. Determinations - Impartial decision maker – State survey agency. ................................... 692
§63-1-1914.10. Deficiencies. ...................................................................................................................... 692
§63-1-1914.11. Alternative informal dispute resolution - Definitions. ...................................................... 693
§63-1-1914.12. Alternative informal dispute resolution. .......................................................................... 693
§63-1-1914.13. Request for alternative informal dispute resolution - Meeting with impartial
decision-making panel. ............................................................................................................................ 693
§63-1-1914.14. Alternative informal dispute resolution - Procedure - Evidence. ..................................... 694
§63-1-1914.15. Alternative informal dispute resolution - Determinations - State survey agency
determination - Amended statement of deficiencies. ............................................................................. 695
§63-1-1914.16. Alternative informal dispute resolution - Limitation of matters. ..................................... 696
§63-1-1915. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995. ......................................................... 696
§63-1-1916. Prohibited acts - Violations - Prosecution. ............................................................................ 696
§63-1-1916.1. Violations - Penalties - Criteria for determination of amount of penalty - Appeal -
Surrender of license. ................................................................................................................................ 697
§63-1-1916.2. Denial, refusal to renew, suspension or revocation of license. .......................................... 698
§63-1-1917. State agencies to assist in carrying out provisions of act. ..................................................... 698
§63-1-1918. Rights and responsibilities - Violations - Penalties. ............................................................... 699
§63-1-1918.1. Dispensation of certain drugs in bubble pack units - Pilot program. ................................. 703
§63-1-1918.2. Renumbered as § 367.3 of Title 59 by Laws 2004, c. 374, § 9, emerg. eff. June 3, 2004. .. 704
§63-1-1918A. Repealed by Laws 2005, c. 108, § 4, eff. July 1, 2005. ......................................................... 704
§63-1-1918B. Intent of Legislature regarding nursing home residents’ pain – Nursing homes to
assess residents’ pain – Rules and regulations regarding pain management. ......................................... 704
§63-1-1919. Person authorized to have access to facilities - Violations - Exemptions. ............................. 705
Oklahoma Statutes - Title 63. Public Health and Safety Page 24
§63-1-1919.1. Reasonable access to residents – Emergency-preparedness plan. .................................... 706
§63-1-1920. Protection of resident's funds. .............................................................................................. 707
§63-1-1921. Contracts - Provisions and procedures. ................................................................................. 708
§63-1-1922. Residents' advisory council. ................................................................................................... 709
§63-1-1923. Long-Term Care Facility Advisory Board. ............................................................................... 710
§63-1-1923.1. Residents and Family State Council - Toll free hotline. ...................................................... 712
§63-1-1924. Information which may be disclosed by department. ........................................................... 712
§63-1-1924.1. Notification of clergy upon impending death. .................................................................... 713
§63-1-1925. Minimum standards for facilities. .......................................................................................... 713
§63-1-1925.1. Long-term care facilities - Visiting or residential animals. .................................................. 713
§63-1-1925.2. Reimbursements from Nursing Facility Quality of Care Fund - Staffing ratios - Name
and title posting - Rule promulgation - Appeal - Nursing Facility Funding Advisory Committee. ............ 714
§63-1-1925.2A. Annual budget request — Supplemental item for new state and federal funding for
reimbursing nursing facilities and intermediate care facilities. ............................................................... 723
§63-1-1925.3. Repealed by Laws 2002, c. 112, § 10, eff. Dec. 31, 2002. ................................................... 723
§63-1-1925.4. Disaster and emergency evacuation plans - Disclosure. .................................................... 723
§63-1-1926. Involuntary transfer or discharge of resident - Grounds. ...................................................... 724
§63-1-1927. Notice of involuntary transfer or discharge........................................................................... 724
§63-1-1928. Rules and regulations for transfer of residents by facility or home. ..................................... 724
§63-1-1929. Rules and regulations for transfer of resident by Department. ............................................ 724
§63-1-1930. Voluntary closing of facility - Notice - Alternative placement of residents - Relocation
assistance. ................................................................................................................................................ 725
§63-1-1930.1. Notification of Department of certain events. ................................................................... 725
§63-1-1930.2. Petition to place facility under control of receiver – Hearing - Emergency hearing - Ex
parte receivership. ................................................................................................................................... 726
§63-1-1930.3. Powers and duties of receiver – Liability - Limited duration license. ................................. 727
§63-1-1930.4. Termination of receivership. .............................................................................................. 728
§63-1-1930.5. Liability of facility owner, administrator or employee notwithstanding receivership. ...... 728
§63-1-1931. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995. ......................................................... 729
§63-1-1932. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995. ......................................................... 729
§63-1-1933. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995. ......................................................... 729
§63-1-1934. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995. ......................................................... 729
§63-1-1935. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995. ......................................................... 729
§63-1-1936. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995. ......................................................... 729
§63-1-1937. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995. ......................................................... 729
§63-1-1938. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995. ......................................................... 729
§63-1-1939. Liability to residents - Injunctive and declaratory relief - Damages - Waiver of rights -
Jury trial - Retaliation against residents - Immunity - Report of abuse or neglect and other serious
incidents. .................................................................................................................................................. 729
§63-1-1940. Violations declared public nuisance - Injunction - Complaints. ............................................. 731
§63-1-1941. Copies of complaints, inspection or survey results to Office of the State Long-Term Care
Ombudsman. ............................................................................................................................................ 734
§63-1-1942. Rules and regulations. ........................................................................................................... 734
§63-1-1943. Application of Administrative Procedure Act. ....................................................................... 734
§63-1-1943.1. Administrator of record for multiple facilities. ................................................................... 734
§63-1-1944. Short title. .............................................................................................................................. 734
§63-1-1945. Definitions. ............................................................................................................................ 734
§63-1-1946. Notification of sex or violent offender status. ....................................................................... 737
§63-1-1947. Employee background checks. .............................................................................................. 737
§63-1-1948. Employment of sex or violent offenders prohibited. ............................................................ 747
§63-1-1949.1. Short title - Long-Term Care Administrator Licensing Act. ................................................. 747
§63-1-1949.2. Definitions. ......................................................................................................................... 747
§63-1-1949.3. Qualifications for license or certification. ........................................................................... 748
Oklahoma Statutes - Title 63. Public Health and Safety Page 25
§63-1-1949.4. Duties of State Department of Health or Commissioner. ................................................... 750
§63-1-1949.5. Long-Term Care Administrator Revolving Fund.................................................................. 753
§63-1-1949.6. Complaints — Notice — Hearing — Penalties — Registry. ................................................ 753
§63-1-1949.7. Independent informal dispute resolution process. ............................................................ 755
§63-1-1949.8. Promulgation of rules. ........................................................................................................ 757
§63-1-1950. Dispensing of nonprescription drugs - Maintaining bulk supplies. ........................................ 757
§63-1-1950.1. Definitions - Criminal history background check on certain persons to be offered
employment. ............................................................................................................................................ 758
§63-1-1950.2. Nontechnical medical care providers - Employment by department. ................................ 761
§63-1-1950.3. Nurses aides - Employment of persons not licensed – Medication aides – Rules for
medication administration. ...................................................................................................................... 761
§63-1-1950.4. Nurse aides – Uniform employment application. ............................................................... 764
§63-1-1950.4a. Uniform employment application for nurse aides - Providing false information -
Penalties. .................................................................................................................................................. 765
§63-1-1950.5. Caregiver - Solicitation or acceptance of gifts - Offense. ................................................... 765
§63-1-1950.6. Effective date - Definitions. ................................................................................................ 766
§63-1-1950.7. Nontechnical services worker abuse registry. .................................................................... 767
§63-1-1950.8. Criminal history records and nontechnical services worker abuse registry search –
Temporary employment. ......................................................................................................................... 768
§63-1-1950.9. Fine and imprisonment. ...................................................................................................... 769
§63-1-1951. Certification, training and registration. ................................................................................. 770
§63-1-1951.1. Rules and implementation. ................................................................................................ 774
§63-1-1952. Repealed by Laws 2007, c. 93, § 8, eff. Nov. 1, 2007. ............................................................ 774
§63-1-1953.1. Renumbered as § 1-1956.1 of this title by Laws 2020, c. 39, § 7, eff. Nov. 1, 2020. .......... 774
§63-1-1953.2. Renumbered as § 1-1956.2 of this title by Laws 2020, c. 39, § 8, eff. Nov. 1, 2020. .......... 774
§63-1-1953.3. Renumbered as § 1-1956.3 of this title by Laws 2020, c. 39, § 9, eff. Nov. 1, 2020. .......... 774
§63-1-1953.4. Renumbered as § 1-1956.4 of this title by Laws 2020, c. 39, § 10, eff. Nov. 1, 2020. ........ 774
§63-1-1953.5. Renumbered as § 1-1956.5 of this title by Laws 2020, c. 39, § 11, eff. Nov. 1, 2020. ........ 774
§63-1-1953.6. Renumbered as § 1-1956.6 of this title by Laws 2020, c. 39, § 12, eff. Nov. 1, 2020. ........ 774
§63-1-1953.7. Renumbered as § 1-1956.7 of this title by Laws 2020, c. 39, § 13, eff. Nov. 1, 2020. ........ 775
§63-1-1955.1. Short title. ........................................................................................................................... 775
§63-1-1955.2. Definitions. ......................................................................................................................... 775
§63-1-1955.3. Oklahoma Long-Term Care Partnership Program - Purposes - Exhaustion of benefits -
Asset disregard. ........................................................................................................................................ 775
§63-1-1955.4. Eligibility for assistance under state Medicaid program - Continuing eligibility for asset
disregard - Reciprocal agreements. ......................................................................................................... 776
§63-1-1955.5. Promulgation of rules. ........................................................................................................ 776
§63-1-1955.6. Long-term care insurance policies - Notice regarding asset disregard and asset tests. ..... 777
§63-1-1956.1. Definitions. ......................................................................................................................... 777
§63-1-1956.2. Notice of electronic monitoring - Refusal to admit - Signs. ................................................ 778
§63-1-1956.3. Obstruction of electronic monitoring devices - Penalties. ................................................. 778
§63-1-1956.4. Admission into evidence. .................................................................................................... 779
§63-1-1956.5. Electronic monitoring of residents. .................................................................................... 779
§63-1-1956.6. Consent for electronic monitoring. .................................................................................... 780
§63-1-1956.7. Residents utilizing existing electronic monitoring devices. ................................................ 781
§63-1-1960. Short title. .............................................................................................................................. 781
§63-1-1961. Definitions. ............................................................................................................................ 781
§63-1-1962. Home care agency license — Applicability of act. ................................................................. 782
§63-1-1962a. Certification of home care agency administrators. ............................................................. 785
§63-1-1962b. Eligibility certification and oversight by healthcare provider. ............................................. 787
§63-1-1963. State Department of Health - Powers and duties - Rules and regulations for
investigation and hearing of complaints. ................................................................................................. 787
§63-1-1964. Contents, coverage and scope of rules. ................................................................................. 788
Oklahoma Statutes - Title 63. Public Health and Safety Page 26
§63-1-1965. Procedures for licensure. ....................................................................................................... 789
§63-1-1966. Violations - Penalties. ............................................................................................................ 791
§63-1-1967. Violations - Equitable relief - Jurisdiction. ............................................................................. 792
§63-1-1967a. Civil actions. ......................................................................................................................... 792
§63-1-1968. Eligibility to serve as guardian. .............................................................................................. 793
§63-1-1969. Administrative Procedures Act - Application. ........................................................................ 793
§63-1-1970. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013. ........................................................ 794
§63-1-1971. Home Health Care Revolving Fund. ....................................................................................... 794
§63-1-1972. Companion and sitter service licensure – Requirements - Violations. .................................. 794
§63-1-1973. Self-administration of medication – Assistance from certified nurse aide. .......................... 796
§63-1-1980. Use of fee proceeds for business expenses. .......................................................................... 798
§63-1-1990.1. Silver Alert Act. ................................................................................................................... 798
§63-1-1990.2. Definitions. ......................................................................................................................... 798
§63-1-1990.3. Development and implementation. ................................................................................... 798
§63-1-1990.4. Statewide coordinator – Adoption of rules – Issuance of directives. ................................. 799
§63-1-1990.5. Activation of silver alert procedure - Procedure. ............................................................... 799
§63-1-1990.6. Silver alert information and statements. ............................................................................ 800
§63-1-1990.7. Termination of a silver alert – Senior citizen. ..................................................................... 800
§63-1-1990.8. Short title — Kasey Alert Act. ............................................................................................. 800
§63-1-1990.9. Definitions. ......................................................................................................................... 801
§63-1-1990.10. Statewide alert system for critically missing adults.......................................................... 801
§63-1-1990.11. Statewide coordinator of system — Promulgation of rules. ............................................ 801
§63-1-1990.12. Law enforcement duties. .................................................................................................. 802
§63-1-1990.13. Alert information. ............................................................................................................. 802
§63-1-1990.14. Termination of alerts. ....................................................................................................... 803
§63-1-1991. Training for Alzheimer's and dementia care. ......................................................................... 803
§63-1-2001. Renumbered as § 2-7-101 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 803
§63-1-2001.1. Renumbered as § 2-7-102 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 803
§63-1-2002. Renumbered as § 2-7-103 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 803
§63-1-2002.a. Renumbered as § 2-7-122 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 803
§63-1-2003. Renumbered as § 2-7-104 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 803
§63-1-2003.1. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. .................................................... 804
§63-1-2004. Renumbered as § 2-7-105 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 804
§63-1-2004.1. Renumbered as § 2-7-106 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 804
§63-1-2004.2. Renumbered as § 2-7-107 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 804
§63-1-2004.3. Renumbered as § 2-7-109 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 804
§63-1-2005. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ....................................................... 804
§63-1-2005.1. Renumbered as § 2-7-123 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 804
§63-1-2005.2. Renumbered as § 2-7-119 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 804
§63-1-2005.3. Renumbered as § 2-7-115 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 804
§63-1-2005.3A. Renumbered as § 2-7-121 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. .... 804
§63-1-2005.3B. Renumbered as § 2-7-120 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. .... 804
§63-1-2005.3C. Renumbered as § 2-7-201 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. .... 804
§63-1-2005.4. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. .................................................... 804
§63-1-2006. Renumbered as § 2-7-113 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 804
§63-1-2006.1. Renumbered as § 2-7-110 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 804
§63-1-2007. Renumbered as § 2-7-112 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 804
§63-1-2008. Renumbered as § 2-7-116 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 805
§63-1-2008.1. Renumbered as § 2-7-117 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 805
§63-1-2009. Renumbered as § 2-7-124 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 805
§63-1-2009.1. Renumbered as § 2-7-108 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 805
§63-1-2010. Renumbered as § 2-7-125 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 805
§63-1-2011. Renumbered as § 2-7-130 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 805
Oklahoma Statutes - Title 63. Public Health and Safety Page 27
§63-1-2012. Renumbered as § 2-7-129 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 805
§63-1-2012.1. Renumbered as § 2-7-126 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 805
§63-1-2012.2. Renumbered as § 2-7-128 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 805
§63-1-2012.3. Renumbered as § 2-7-127 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 805
§63-1-2012.4. Renumbered as § 2-7-132 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 805
§63-1-2013. Renumbered as § 2-7-131 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 805
§63-1-2013.1. Renumbered as § 2-7-133 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 805
§63-1-2014. Renumbered as § 2-7-111 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 805
§63-1-2014.1. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. .................................................... 805
§63-1-2014.2. Renumbered as § 2-7-118 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 806
§63-1-2014.3. Renumbered as § 2-7-114 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ...... 806
§63-1-2015. Renumbered as § 2-7-301 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2016. Renumbered as § 2-7-302 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2017. Renumbered as § 2-7-303 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2018. Renumbered as § 2-7-304 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2019. Renumbered as § 2-7-305 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2020. Renumbered as § 2-7-306 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2021. Renumbered as § 2-7-307 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2053. Renumbered as § 2-11-204 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 806
§63-1-2101. Renumbered as § 2-8-101 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2102. Renumbered as § 2-8-102 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2103. Renumbered as § 2-8-103 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2104. Renumbered as § 2-8-201 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2105. Renumbered as § 2-8-202 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2106. Renumbered as § 2-8-203 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 806
§63-1-2107. Renumbered as § 2-8-204 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 807
§63-1-2201. Renumbered as § 1150.2 of Title 59 by Laws 1993, c. 145, § 360, eff. July 1, 1993. ............. 807
§63-1-2202. Renumbered as § 1150.7 of Title 59 by Laws 1993, c. 145, § 360, eff. July 1, 1993. ............. 807
§63-1-2203. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. ....................................................... 807
§63-1-2211. Short title. .............................................................................................................................. 807
§63-1-2212. Definitions. ............................................................................................................................ 807
§63-1-2213. Office of the State Long-Term Care Ombudsman. ................................................................ 807
§63-1-2213.1. Office of the State Long-Term Care Ombudsman — Transfer to Office of Attorney
General. .................................................................................................................................................... 810
§63-1-2214. Liability of long-term care ombudsman - Legal representation. ........................................... 811
§63-1-2215. Willful interference with official duties - Retaliation or reprisal for filing complaint -
Penalty. .................................................................................................................................................... 811
§63-1-2216. Promulgation of rules by Attorney General — Advisory capacity of State Council on
Aging and Adult Protective Services. ....................................................................................................... 812
§63-1-2217. Oklahoma Long-term Care Services and Supports Advisory Committee. ............................. 813
§63-1-2300. Renumbered as § 2-10-101 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 814
§63-1-2301. Renumbered as § 2-10-102 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 814
§63-1-2302. Renumbered as § 2-10-103 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 814
§63-1-2302.a. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. .................................................... 814
§63-1-2303. Repealed by Laws 1993, c. 94, § 1, emerg. eff. April 18, 1993 and by Laws 1993, c. 145,
§ 362, eff. July 1, 1993. ............................................................................................................................ 814
§63-1-2304. Renumbered as § 2-10-801 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 814
§63-1-2304.1. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993. .................................................... 814
§63-1-2304.2. Renumbered as § 2-10-404 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. .... 814
§63-1-2305. Renumbered as § 2-10-802 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 814
§63-1-2306. Renumbered as § 2-10-302 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 815
§63-1-2307. Renumbered as § 2-10-803 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 815
§63-1-2308. Renumbered as § 2-10-403 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 815
Oklahoma Statutes - Title 63. Public Health and Safety Page 28
§63-1-2309. Renumbered as § 2-10-405 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 815
§63-1-2324. Renumbered as § 2-10-602 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 815
§63-1-2325. Renumbered as § 2-10-601 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 815
§63-1-2401. Renumbered as § 2-10-1101 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 815
§63-1-2402. Renumbered as § 2-10-1102 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 815
§63-1-2403. Renumbered as § 2-10-1103 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 815
§63-1-2404. Renumbered as § 2-10-1104 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 815
§63-1-2405. Renumbered as § 2-10-1105 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 815
§63-1-2406. Renumbered as § 2-10-1106 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 815
§63-1-2407. Renumbered as § 2-10-1107 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 815
§63-1-2408. Renumbered as § 2-10-1108 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 815
§63-1-2409. Renumbered as § 2-10-1109 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 815
§63-1-2410. Renumbered as § 2-10-1110 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 815
§63-1-2411. Renumbered as § 2-10-1111 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 816
§63-1-2412. Renumbered as § 2-10-901 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 816
§63-1-2413. Renumbered as § 2-10-1001 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 816
§63-1-2414. Renumbered as § 2-10-301 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 816
§63-1-2414.1. Renumbered as § 2-10-305 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. .... 816
§63-1-2414.2. Renumbered as § 2-10-306 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. .... 816
§63-1-2415. Renumbered as § 2-10-303 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 816
§63-1-2416. Renumbered as § 2-10-701 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 816
§63-1-2416.1. Renumbered as § 2-10-501 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. .... 816
§63-1-2417. Renumbered as § 2-10-201 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 816
§63-1-2418. Renumbered as § 2-10-202 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 816
§63-1-2419. Renumbered as § 2-10-203 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 816
§63-1-2420. Renumbered as § 2-10-204 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 816
§63-1-2421. Renumbered as § 2-10-304 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 816
§63-1-2440. Renumbered as § 2-11-101 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 816
§63-1-2441. Renumbered as § 2-11-102 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 817
§63-1-2443. Renumbered as § 2-11-103 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 817
§63-1-2501. Short title. .............................................................................................................................. 817
§63-1-2502. Legislative findings and declaration. ..................................................................................... 817
§63-1-2503. See the following versions: .................................................................................................... 817
§63-1-2503v1. Definitions. ......................................................................................................................... 817
§63-1-2503v2. Definitions. ......................................................................................................................... 822
§63-1-2504. Utilization of emergency medical personnel in hospital or health care facilities - EMT
students - Nurses. .................................................................................................................................... 827
§63-1-2504.1. Duty to act - Mutual aid - Exemption. ................................................................................ 828
§63-1-2504.2. Quality Assurance reviews. ................................................................................................. 828
§63-1-2505. Licensed personnel - Levels of care. ...................................................................................... 828
§63-1-2505.1. Emergency medical technician and medical responder death benefit. ............................. 829
§63-1-2505.2. Emergency Medical Personnel Death Benefit Revolving Fund. .......................................... 830
§63-1-2505.3. Application fee – Apportionment to revolving fund........................................................... 830
§63-1-2506. Performance of medical procedures. .................................................................................... 830
§63-1-2506.1. Administration of opiate antagonists by first responders - Liability. ................................. 831
§63-1-2506.2. Prescription for opioid antagonists for family members - Liability. ................................... 832
§63-1-2507. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005. ........................................................... 833
§63-1-2508. Repealed by Laws 2013, c. 23, § 8, eff. Nov. 1, 2013. ............................................................ 833
§63-1-2509. Operation of ambulance service - Violation of act - Penalties - Public nuisance -
Injunctions................................................................................................................................................ 833
§63-1-2509.1. Promulgation of rules for the Oklahoma Emergency Response Systems Development
Act. ........................................................................................................................................................... 834
§63-1-2510. Division of Emergency Medical Services created. ................................................................. 834
Oklahoma Statutes - Title 63. Public Health and Safety Page 29
§63-1-2511. Commissioner - Powers and duties relating to Oklahoma Emergency Medical Services
Improvement Program. ............................................................................................................................ 835
§63-1-2512. Rules. ..................................................................................................................................... 837
§63-1-2512.1. Oklahoma Emergency Response Systems Stabilization and Improvement Revolving
Fund - Rules. ............................................................................................................................................. 837
§63-1-2513. Operation of ambulance service - Application for license – Air Ambulance providers. ........ 838
§63-1-2514. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005. ........................................................... 838
§63-1-2515. EMS Regions, Ambulance Service districts or municipalities - Regulation and control of
Ambulance Service transports - Exemptions. .......................................................................................... 838
§63-1-2516. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013. ........................................................ 840
§63-1-2516.1. Agreements with local first responder agencies – Assistance with emergency medical
response. .................................................................................................................................................. 840
§63-1-2517. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005. ........................................................... 841
§63-1-2518. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005. ........................................................... 841
§63-1-2519. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005. ........................................................... 841
§63-1-2520. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005. ........................................................... 841
§63-1-2521. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005. ........................................................... 841
§63-1-2522. Renumbered as Title 63, § 1-2530.9 by Laws 2004, c. 459, § 11, emerg. eff. June 4,
2004. ........................................................................................................................................................ 841
§63-1-2523. Oklahoma Institute for Disaster and Emergency Medicine Revolving Fund. ........................ 841
§63-1-2530. Short title. .............................................................................................................................. 842
§63-1-2530.1. Legislative findings and intent. ........................................................................................... 842
§63-1-2530.2. Definitions. ......................................................................................................................... 842
§63-1-2530.3. Rules - Classification of trauma and emergency care - Requirements for distribution of
trauma patients. ....................................................................................................................................... 843
§63-1-2530.4. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013. ..................................................... 845
§63-1-2530.5. Recognition of geographic regions with functioning trauma system - Regional trauma
advisory boards - Funding. ....................................................................................................................... 845
§63-1-2530.6. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013. ..................................................... 845
§63-1-2530.7. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013. ..................................................... 845
§63-1-2530.8. Recognition and certification of trauma transfer and referral centers - Rules
establishing minimum standards - Data - Funding................................................................................... 846
§63-1-2530.9. Trauma Care Assistance Revolving Fund. ........................................................................... 846
§63-1-2550. Article I — Purpose. ............................................................................................................... 848
§63-1-2551. Article II — Definitions. .......................................................................................................... 848
§63-1-2552. Article III — Home state licensure. ........................................................................................ 850
§63-1-2553. Article IV — Compact privilege to practice. ........................................................................... 851
§63-1-2554. Article V — Conditions of practice in a remote state. ........................................................... 851
§63-1-2555. Article VI — Relationship to Emergency Management Assistance Compact. ....................... 852
§63-1-2556. Article VII — Veterans, service members separating from active duty military, and their
spouses. ................................................................................................................................................... 852
§63-1-2557. Article VIII — Adverse actions. .............................................................................................. 852
§63-1-2558. Article IX — Additional powers invested in a member state's EMS authority. ..................... 853
§63-1-2559. Article X — Establishment of the Interstate Commission for EMS Personnel Practice. ........ 854
§63-1-2560. Article XI — Coordinated database. ...................................................................................... 859
§63-1-2561. Article XII — Rulemaking. ...................................................................................................... 860
§63-1-2562. Article XIII — Oversight, dispute resolutions, and enforcement. .......................................... 862
§63-1-2563. Article XIV — Date of implementation of the Interstate Commission for EMS Personnel
Practice and associated rules, withdrawal, and amendment. ................................................................. 864
§63-1-2564. Article XV — Construction and severability. .......................................................................... 864
§63-1-2600. Short title. .............................................................................................................................. 865
§63-1-2601. Purpose of act. ....................................................................................................................... 865
§63-1-2602. Eligibility requirements - Areas of financial assistance. ......................................................... 865
Oklahoma Statutes - Title 63. Public Health and Safety Page 30
§63-1-2603. Kidney Health Revolving Fund. .............................................................................................. 865
§63-1-2604. Individual policy coverage for prescription drugs for cancer treatment or study of
oncology - Exclusion prohibited. .............................................................................................................. 866
§63-1-2605. Off-label uses of prescription drugs for cancer treatment - Coverage under health
maintenance contracts. ........................................................................................................................... 866
§63-1-2701. Repealed by Laws 2004, c. 22, § 1 and by Laws 2004, c. 92, § 6, eff. July 1, 2004. ............... 866
§63-1-2702. Agency responsible for telemedicine and Oklahoma Telemedicine Network - Duties. ........ 866
§63-1-2702.1. Telehealth website – Establishment - Purpose. ................................................................. 868
§63-1-2703. Telemedicine grants – Rural assistance. ................................................................................ 868
§63-1-2710. Short title. .............................................................................................................................. 869
§63-1-2711. Legislative findings - Purpose. ............................................................................................... 869
§63-1-2712. Oklahoma Dental Loan Repayment Program - Administration of program - Eligibility and
obligations of dentists. ............................................................................................................................. 869
§63-1-2713. Amount of award. .................................................................................................................. 871
§63-1-2714. Dental Loan Repayment Revolving Fund. .............................................................................. 871
§63-1-2720. Oklahoma Medical Loan Repayment Program. ..................................................................... 871
§63-1-2721. Physician and physician assistant requirements. .................................................................. 871
§63-1-2722. Amount of educational loan repayment award. ................................................................... 873
§63-1-2723. Health Care Workforce Training Commission - Program funding. ........................................ 873
§63-1-2730. Short title - Oklahoma Mental Health Loan Repayment Act. ................................................ 874
§63-1-2731. Assistance for providers in Health Professional Shortage Areas - Requirements. ................ 874
§63-1-2732. Factors to determine amount of award. ............................................................................... 875
§63-1-2733. Behavioral Health Workforce Development Fund. ................................................................ 875
§63-2-101. Definitions. .............................................................................................................................. 876
§63-2-101.1. Drug paraphernalia - Factors used in determining. .............................................................. 888
§63-2-101.2. Definitions. ........................................................................................................................... 889
§63-2-102. Bureau of Narcotics and Dangerous Drugs Control. ................................................................ 890
§63-2-103. Director - Appointment and powers - Agents and reserve agents - Custody of sidearms
and badges upon death or retirement. .................................................................................................... 890
§63-2-103.1. Investigations - Subpoena power. ........................................................................................ 893
§63-2-103a. Repealed by Laws 2014, c. 390, § 6, eff. July 1, 2014. ........................................................... 894
§63-2-104.1. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Commission. .............. 894
§63-2-105. Duty of state departments, officers, agencies, and employees – Fatal and nonfatal drug
overdose report. ...................................................................................................................................... 896
§63-2-106. Powers and duties of Director. ................................................................................................ 897
§63-2-106.1. Lease of seaplane. ................................................................................................................ 900
§63-2-106.2. Sale of forfeited vehicles, equipment, and property - Exemption. ...................................... 900
§63-2-107. Bureau of Narcotics Revolving Fund. ....................................................................................... 901
§63-2-107a. Bureau of Narcotics Drug Education Revolving Fund. ........................................................... 901
§63-2-107b. Drug Money Laundering and Wire Transmitter Revolving Fund. .......................................... 902
§63-2-109. Rental or charter of aircraft. .................................................................................................... 902
§63-2-109a. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control - Janitorial services -
Background investigations and national criminal history record checks. ................................................ 902
§63-2-110. Attorneys. ................................................................................................................................ 902
§63-2-111. Employee performance recognition program - Awards - Funding. ......................................... 903
§63-2-112. Report on progress of opioid act of 2019. ............................................................................... 904
§63-2-201. Authority to control - Recommendations. ............................................................................... 904
§63-2-202. Nomenclature in schedules. .................................................................................................... 906
§63-2-203. Schedule I characteristics. ....................................................................................................... 906
§63-2-204. Schedule I. ............................................................................................................................... 906
§63-2-205. Schedule II characteristics. ...................................................................................................... 921
§63-2-206. Schedule II. .............................................................................................................................. 922
§63-2-207. Schedule III characteristics. ..................................................................................................... 924
Oklahoma Statutes - Title 63. Public Health and Safety Page 31
§63-2-208. Schedule III. ............................................................................................................................. 924
§63-2-209. Schedule IV characteristics. ..................................................................................................... 927
§63-2-210. Schedule IV. ............................................................................................................................. 927
§63-2-211. Schedule V characteristics. ...................................................................................................... 930
§63-2-212. Schedule V. .............................................................................................................................. 930
§63-2-301. Rules and regulations. ............................................................................................................. 933
§63-2-302. Registration requirements. ...................................................................................................... 933
§63-2-303. Registration. ............................................................................................................................ 937
§63-2-304. Denial, revocation, annulment, or suspension of registration. ............................................... 940
§63-2-305. Written order specifying violations — Disciplinary actions — Emergency actions —
Administrative penalty. ............................................................................................................................ 941
§63-2-306. Transmission of copies of convictions. .................................................................................... 944
§63-2-307. Records of registrants. ............................................................................................................. 944
§63-2-308. Order forms. ............................................................................................................................ 944
§63-2-309. Prescriptions. ........................................................................................................................... 945
§63-2-309A. Short title. .............................................................................................................................. 950
§63-2-309B. Definitions. ............................................................................................................................ 950
§63-2-309C. Dispensers of Schedule II, III, IV or V controlled dangerous substances - Transmittal of
certain information to central repository - Willful failure to transmit - Monitoring of
pseudoephedrine product sales. .............................................................................................................. 951
§63-2-309D. Central repository information - Confidentiality - Access - Disclosure - Penalties -
Liability. .................................................................................................................................................... 952
§63-2-309E. Central repository information - Control of access. .............................................................. 956
§63-2-309F. Central repository - Powers, duties and responsibilities - Contract with vendor to serve
as. ............................................................................................................................................................. 957
§63-2-309G. Development of criteria for production of exception reports out of information
collected. .................................................................................................................................................. 957
§63-2-309H. Implementation and enforcement of act - Rules and regulations. ....................................... 958
§63-2-309I. Prescription limits and rules for opioid drugs – Copay and other insurance requirements
– Informed consent process. .................................................................................................................... 958
§63-2-310. Samples. ................................................................................................................................... 962
§63-2-311. Sale of certain substances. ...................................................................................................... 962
§63-2-312. See the following versions: ...................................................................................................... 962
§63-2-312.1. Prescription of anabolic steroids or human growth hormones. ........................................... 962
§63-2-312.2. Sale or disposition of opioid antagonists. ............................................................................. 963
§63-2-312v1. Physicians, podiatrists, optometrists, dentists, veterinarians and advanced practice
nurses - Authority to prescribe, administer or dispense.......................................................................... 963
§63-2-312v2. Physicians, podiatrists, optometrists, dentists, veterinarians and advanced practice
nurses - Authority to prescribe, administer or dispense.......................................................................... 965
§63-2-313. Excepted preparations - Conditions of exemption. ................................................................. 966
§63-2-314. Labels. ...................................................................................................................................... 967
§63-2-315. Submission of out-of-date controlled dangerous substances for destruction. ....................... 968
§63-2-321. Short title. ................................................................................................................................ 969
§63-2-322. Precursor substances - License or permit. ............................................................................... 969
§63-2-323. License to sell, transfer or otherwise furnish - Application - Records - Fee. ........................... 970
§63-2-324. Permit to possess - Application Fee - Regular report in lieu of permit. ................................... 971
§63-2-325. Annulment, suspension, or revocation of license or permit – Grounds - Order to show
cause - Administrative proceedings - Suspension without order to show cause. ................................... 972
§63-2-326. Discovery of loss or theft - Disposal - Reports - Other duties. ................................................. 973
§63-2-327. Application of act - Sale or transfer of certain nonnarcotic products. .................................... 973
§63-2-328. Violations - Penalties. .............................................................................................................. 973
§63-2-329. Drug cleanup fines - Disposition of fines collected. ................................................................. 975
§63-2-330. Notification of seizure – Duty of law enforcement agencies. .................................................. 975
Oklahoma Statutes - Title 63. Public Health and Safety Page 32
§63-2-331. Seizure of devices or precursor chemicals – Notice by peace officer to Bureau of
Narcotics and Dangerous Drugs Control. ................................................................................................. 975
§63-2-332. Possession of substances to be used as precursor to manufacture of methamphetamine
or another controlled substance – Presumption – Exceptions – Penalty – Registration - Records. ........ 976
§63-2-333. Knowingly selling, transferring, distributing, or dispensing products to be used in the
production of certain controlled substances – Penalty - Damages. ........................................................ 977
§63-2-341. Pharmacy electronic drug-tracking service. ............................................................................ 978
§63-2-401. Prohibited acts A - Penalties. ................................................................................................... 981
§63-2-401A. Repealed by Laws 1992, c. 86, § 3, eff. Sept. 1, 1992. ........................................................... 988
§63-2-402. Prohibited acts B - Penalties. ................................................................................................... 988
§63-2-403. Prohibited acts C - Penalties. ................................................................................................... 990
§63-2-404. Prohibited acts D - Penalties. ................................................................................................... 991
§63-2-405. Prohibited acts E - Penalties. ................................................................................................... 992
§63-2-406. Prohibited acts F - Penalties. ................................................................................................... 993
§63-2-407. Prohibited acts G - Penalties. ................................................................................................... 995
§63-2-407.1. Certain substances causing intoxication, distortion or disturbances of auditory, visual,
muscular or mental processes prohibited - Exemptions - Penalties. ....................................................... 996
§63-2-408. Offering, soliciting, attempting, endeavoring or conspiring to commit offense - Penalties. .. 997
§63-2-409. Additional penalties. ................................................................................................................ 997
§63-2-410. Conditional release for first offense - Effect of expungement - Persons not covered by
section. ..................................................................................................................................................... 997
§63-2-411. General penalty clause. ........................................................................................................... 998
§63-2-412. Second or subsequent offenses. .............................................................................................. 998
§63-2-413. Bar to prosecution. .................................................................................................................. 999
§63-2-413.1. Emergency medical assistance – Immunity from prosecution. ............................................ 999
§63-2-414. Short title. .............................................................................................................................. 1000
§63-2-415. Application - Fines and penalties. .......................................................................................... 1000
§63-2-416. Apportionment of fines. ........................................................................................................ 1006
§63-2-417. Drug Abuse Education Revolving Fund. ................................................................................. 1006
§63-2-418. Repealed by Laws 1992, c. 86, § 3, eff. Sept. 1, 1992. ........................................................... 1007
§63-2-419. Repealed by Laws 1997, c. 133, § 610, eff. July 1, 1998. ....................................................... 1007
§63-2-419.1. Use of minors in transportation, sale, etc. of controlled dangerous substances. .............. 1007
§63-2-420. GPS monitoring of persons charged with aggravated trafficking - Statistical records. ......... 1007
§63-2-421. Short title. .............................................................................................................................. 1008
§63-2-422. Definitions. ............................................................................................................................ 1008
§63-2-423. Liability for civil damages. ...................................................................................................... 1010
§63-2-424. Persons who may bring action - Persons liable - Damages recoverable. .............................. 1010
§63-2-425. Individual drug users who may bring action - Persons liable for damages - Damages
recoverable. ........................................................................................................................................... 1011
§63-2-426. Third party payment of damages - Defense under contract of insurance - Indemnification
- Prohibition. .......................................................................................................................................... 1011
§63-2-427. Drug market target community - Level of offense. ............................................................... 1012
§63-2-428. Joinder of parties - Judgments. ............................................................................................. 1012
§63-2-429. Comparative responsibility - Burden and standard of proof. ................................................ 1012
§63-2-430. Right of contribution - Recovery by plaintiff. ........................................................................ 1013
§63-2-431. Proof of participation in illegal drug market - Standard of proof - Prima facie evidence of
participation. .......................................................................................................................................... 1013
§63-2-432. Attachments of assets - Execution of judgment - Exempt property - Property seized by
forfeiture. ............................................................................................................................................... 1013
§63-2-433. Limitation of action - Accrual of cause of action - Tolling. .................................................... 1014
§63-2-434. Legal representation of state - Stay of action. ....................................................................... 1014
§63-2-435. Interfamily tort immunity not altered. .................................................................................. 1014
§63-2-501. Powers of enforcement personnel. ....................................................................................... 1015
Oklahoma Statutes - Title 63. Public Health and Safety Page 33
§63-2-502. Inspections. ............................................................................................................................ 1015
§63-2-503. Property subject to forfeiture. ............................................................................................... 1016
§63-2-503.1. Transactions involving proceeds derived from illegal drug activity prohibited -
Penalties. ................................................................................................................................................ 1020
§63-2-503.1a. Drug Money Laundering and Wire Transmitter Act - Short title. ..................................... 1021
§63-2-503.1b. Criminal financial check on money services business registrations. ................................ 1022
§63-2-503.1c. Financial transactions involving proceeds of unlawful acts. ............................................. 1022
§63-2-503.1d. Certain sales or transfers of money transmitter equipment prohibited - Allowing
access to equipment - Penalty. .............................................................................................................. 1022
§63-2-503.1e. Use of money services business for unlawful acts. .......................................................... 1023
§63-2-503.1f. Evasion of certain money reporting requirements. .......................................................... 1023
§63-2-503.1g. Structuring of monetary transactions. .............................................................................. 1024
§63-2-503.1h. Violation of act - Penalties - Definitions. .......................................................................... 1024
§63-2-503.1i. Interception, seizure and forfeiture of funds or equipment. ............................................ 1025
§63-2-503.1j. Money and wire transmission fee - Quarterly remittance - Notice of income tax credit
- Enforcement. ....................................................................................................................................... 1026
§63-2-503.1k. Prosecution - Venue.......................................................................................................... 1027
§63-2-503.1l. Definitions. ......................................................................................................................... 1027
§63-2-503.2. Assessment for violation of acts - Drug Abuse Education and Treatment Revolving
Fund. ...................................................................................................................................................... 1028
§63-2-503A. Drug manufacture vehicle. .................................................................................................. 1030
§63-2-504. Seizure of property. ............................................................................................................... 1030
§63-2-505. Summary forfeiture of certain substances. ........................................................................... 1030
§63-2-506. Seizure of property - Notice of seizure and intended forfeiture proceeding - Verified
answer and claim to property - Hearing - Evidence and proof - Proceeds of sale. ................................ 1031
§63-2-507. Itemization and submission for destruction. ......................................................................... 1036
§63-2-508. Disposition of seized property. .............................................................................................. 1037
§63-2-509. Eradication - Penalties - Prohibition of suspended or deferred sentences or probation. ..... 1042
§63-2-510. Defenses - Descriptions. ........................................................................................................ 1044
§63-2-511. Judicial review. ...................................................................................................................... 1045
§63-2-512. Drug Eradication and Enforcement Plan Revolving Fund – Creation - Use of funds. ............ 1045
§63-2-551. Appropriate pain management - High dosages of controlled dangerous drugs.................... 1046
§63-2-560. Manufacture of controlled dangerous substance restrictions. ............................................. 1046
§63-2-603. Uniformity of interpretation. ................................................................................................. 1047
§63-2-604. Short title. .............................................................................................................................. 1047
§63-2-608. Headings. ............................................................................................................................... 1047
§63-2-701. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control registry. ...................... 1047
§63-2-801. Definitions. ............................................................................................................................ 1050
§63-2-802. Clinical trials using cannabidiol – Principal investigators. ..................................................... 1051
§63-2-803. Approved cannabidiol for use in clinical trials. ...................................................................... 1052
§63-2-804. Immunity. .............................................................................................................................. 1052
§63-2-805. Approval – Termination date – Reporting – Rules. ................................................................ 1052
§63-2-901. Drug Possession Diversion Program – District attorney discretion to refer. ......................... 1053
§63-2-902. Deferred prosecution – Fees - Drug Possession Diversion Program Fund. ........................... 1053
§63-2-903. Duties of district attorney staff members. ............................................................................ 1054
§63-2-904. Drug Possession Diversion Program – Annual report. ........................................................... 1054
§63-2-1001. Attorney General oversight of opioid overdose death control efforts. ............................... 1055
§63-2-1002. Repealed by Laws 2025, c. 198, § 3, eff. July 1, 2025. ......................................................... 1057
§63-2-1003. Review of overdose death certificates. ............................................................................... 1057
§63-2-1101. Harm-reduction services. .................................................................................................... 1058
§63-79. Oklahoma Sports Eye Safety Program Revolving Fund. .............................................................. 1059
§63-91. State Anatomical Board - Creation and membership – Duties – Organization – Rules -
Records of bodies received and distributed - Exemptions..................................................................... 1059
Oklahoma Statutes - Title 63. Public Health and Safety Page 34
§63-92. Conditions for surrendering unclaimed bodies in government custody to Anatomical Board. . 1060
§63-93. Autopsies - Request of chief medical examiner or district attorney or consent of Anatomical
Board required. ...................................................................................................................................... 1061
§63-94. Board to receive unclaimed or donated bodies - Board approval to donees - Distribution. ...... 1061
§63-95. Surrender of body when claimed. .............................................................................................. 1062
§63-96. Authority to dissect, operate or experiment on dead bodies - Record of bodies received. ....... 1062
§63-97. Cremation of bodies after scientific study completed. ............................................................... 1063
§63-98. Expense of delivery or distribution of unclaimed body. ............................................................. 1063
§63-98.1. Repealed by Laws 2006, c. 114, § 9, eff. Nov. 1, 2006. ............................................................ 1063
§63-99. Neglect to perform duties - Punishment. ................................................................................... 1063
§63-100. Effect of partial unconstitutionality. ......................................................................................... 1063
§63-101. Shipment of dead body. ............................................................................................................ 1064
§63-102. Violation by agent of railroad. .................................................................................................. 1064
§63-103. Post mortem caesarian section - Right to perform - Nonliability of physician and hospital. ... 1064
§63-104. Nonliability of physician for failure to perform. ....................................................................... 1064
§63-109. Anatomical Donor Program Registration Act. ........................................................................... 1065
§63-121.1. Definitions. ............................................................................................................................. 1066
§63-122.1. Short title. .............................................................................................................................. 1067
§63-122.2. Jurisdictional areas of state agencies. ................................................................................... 1067
§63-123.1. Responsibility for administration, regulation and enforcement of blasting operations or
activities - Certification of blasters. ....................................................................................................... 1068
§63-123.2. Permit to manufacture, store, or use explosives or blasting agents - Records. .................... 1069
§63-123.2A. Permit to purchase blasting agents or explosives. .............................................................. 1070
§63-123.3. Issuance, denial, suspension, or revocation of permits - Hearings - Inspections -
Injunctions.............................................................................................................................................. 1070
§63-123.4. Rules - Fees. ........................................................................................................................... 1070
§63-123.5. Violations - Penalties. ............................................................................................................ 1071
§63-123.6. Provisions cumulative to other laws and ordinances. ........................................................... 1073
§63-123.7. Deposit of monies. ................................................................................................................. 1073
§63-123.8. Exemptions. ........................................................................................................................... 1073
§63-124. Renumbered as § 128.1 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995. ................. 1074
§63-124.1. Administration and enforcement - Personnel. ...................................................................... 1074
§63-124.2. Federal rules or regulations to govern. .................................................................................. 1075
§63-124.3. Permits - Information required. ............................................................................................. 1075
§63-124.4. Disposition of permit fees. ..................................................................................................... 1076
§63-124.5. Records. ................................................................................................................................. 1076
§63-124.6. Inspection of premises. .......................................................................................................... 1076
§63-124.7. Denial, revocation or suspension of permit. .......................................................................... 1076
§63-124.8. Responsibility of permit holders - Penalties. ......................................................................... 1077
§63-125. Renumbered as § 128.2 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995. ................. 1077
§63-126. Renumbered as § 128.3 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995. ................. 1077
§63-127. Renumbered as § 128.4 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995. ................. 1077
§63-128. Renumbered as § 128.5 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995. ................. 1077
§63-128.1. Transporting vehicles to be labeled. ...................................................................................... 1078
§63-128.2. Storage of explosives. ............................................................................................................ 1078
§63-128.3. Penalty for violation of §§ 128.1 and 128.2. .......................................................................... 1078
§63-128.4. Transportation of nitroglycerine in or near city, town or village. .......................................... 1078
§63-128.5. Shooting wells within limits. .................................................................................................. 1078
§63-128.6. Penalty for violation of §§ 128.4 and 128.5. .......................................................................... 1079
§63-128.7. Authority of officers. .............................................................................................................. 1079
§63-129. Renumbered as § 128.7 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995. ................. 1079
§63-130. Renumbered as § 128.6 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995. ................. 1079
§63-131. Gasoline kept in red tanks. ....................................................................................................... 1079
Oklahoma Statutes - Title 63. Public Health and Safety Page 35
§63-132. Penalty for violations - Civil liability. ......................................................................................... 1080
§63-134. Renumbered as § 36 of Title 25 by Laws 1995, c. 344, § 36, eff. Nov. 1, 1995. ........................ 1080
§63-135. Repealed by Laws 1990, c. 252, § 14, operative July 1, 1990. .................................................. 1080
§63-136. Repealed by Laws 1990, c. 252, § 14, operative July 1, 1990. .................................................. 1080
§63-137. Repealed by Laws 1990, c. 252, § 14, operative July 1, 1990. .................................................. 1080
§63-141.1. Renumbered as § 121.1 of this title by Laws 1995, c. 344, § 32, eff. Nov. 1, 1995. .............. 1080
§63-141.2. Renumbered as § 124.1 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995. .............. 1080
§63-141.3. Renumbered as § 124.2 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995. .............. 1080
§63-141.4. Renumbered as § 124.3 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995. .............. 1080
§63-141.5. Renumbered as § 124.4 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995. .............. 1080
§63-141.6. Renumbered as § 124.5 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995. .............. 1080
§63-141.7. Renumbered as § 124.6 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995. .............. 1080
§63-141.8. Renumbered as § 124.7 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995. .............. 1080
§63-141.9. Renumbered as § 124.8 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995. .............. 1081
§63-142.1. Short title. .............................................................................................................................. 1081
§63-142.2. Definitions. ............................................................................................................................. 1081
§63-142.3. Filing of notice - Participation by municipality in statewide one-call notification center. .... 1084
§63-142.4. Filing fees. .............................................................................................................................. 1084
§63-142.5. Certain excavations, demolitions and explosions prohibited near certain facilities. ............ 1084
§63-142.6. Notice of proposed demolition, explosion or excavation - Marking or providing location
of facilities - Emergencies. ..................................................................................................................... 1085
§63-142.7. Use of powered or mechanized equipment - Exemptions. ................................................... 1087
§63-142.8. Additional notice required. .................................................................................................... 1088
§63-142.9. Damage to underground facilities. ........................................................................................ 1089
§63-142.9a. Damage to underground facilities – Liability - Injunction. ................................................... 1089
§63-142.10. Statewide notification center. ............................................................................................. 1090
§63-142.11. Exemptions. ......................................................................................................................... 1090
§63-142.12. Repealed by Laws 2016, c. 151, § 3, eff. Nov. 1, 2016. ........................................................ 1091
§63-142.13. Enforcement authority – Corporation Commission. ............................................................ 1091
§63-176. Repealed by Laws 2013, c. 53, § 2, eff. July 1, 2013. ................................................................ 1091
§63-313A. Definitions. ............................................................................................................................. 1091
§63-313B. Prior authorization forms for prescription drug benefits. ...................................................... 1093
§63-315. Display of sign by retailers as to meat inspection. .................................................................... 1094
§63-316. Repealed by Laws 2020, c. 53, § 3, eff. Nov. 1, 2020. ............................................................... 1094
§63-317. Repealed by Laws 2020, c. 53, § 3, eff. Nov. 1, 2020. ............................................................... 1094
§63-330.21. Repealed by Laws 1990, c. 85, § 3, operative July 1, 1990. ................................................. 1094
§63-330.22. Repealed by Laws 1990, c. 85, § 3, operative July 1, 1990. ................................................. 1094
§63-330.23. Repealed by Laws 1990, c. 85, § 3, operative July 1, 1990. ................................................. 1094
§63-330.24. Repealed by Laws 1990, c. 85, § 3, operative July 1, 1990. ................................................. 1094
§63-330.25. Repealed by Laws 1990, c. 85, § 3, operative July 1, 1990. ................................................. 1095
§63-330.26. Repealed by Laws 1990, c. 85, § 3, operative July 1, 1990. ................................................. 1095
§63-330.27. Repealed by Laws 1990, c. 85, § 3, operative July 1, 1990. ................................................. 1095
§63-330.31. Independent audits - Reimbursable cost statements. ......................................................... 1095
§63-330.51. Renumbered as § 1-1949.2 of this title by Laws 2023, c. 271, § 12, eff. Nov. 1, 2023. ....... 1095
§63-330.52. State Board of Examiners for Long-Term Care Administrators — Creation —
Termination. ........................................................................................................................................... 1095
§63-330.52a. Transfer of duties, powers, and responsibilities. ............................................................... 1096
§63-330.53. Renumbered as § 1-1949.3 of this title by Laws 2023, c. 271, § 13, eff. Nov. 1, 2023. ....... 1097
§63-330.54. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023. ...................................................... 1097
§63-330.56. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023. ...................................................... 1097
§63-330.57. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023. ...................................................... 1097
§63-330.58. Renumbered as § 1-1949.4 of this title by Laws 2023, c. 271, § 14, eff. Nov. 1, 2023. ....... 1097
§63-330.59. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023. ...................................................... 1097
Oklahoma Statutes - Title 63. Public Health and Safety Page 36
§63-330.60. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023. ...................................................... 1098
§63-330.61. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023. ...................................................... 1098
§63-330.62. Renumbered as § 1-1949.5 of this title by Laws 2023, c. 271, § 15, eff. Nov. 1, 2023. ....... 1098
§63-330.63. Repealed by Laws 2006, c. 291, § 13, eff. July 1, 2006. ....................................................... 1098
§63-330.64. Renumbered as § 1-1949.6 of this title by Laws 2023, c. 271, § 16, eff. Nov. 1, 2023. ....... 1098
§63-330.65. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023. ...................................................... 1098
§63-330.71. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30, 1990. ........................................ 1098
§63-330.72. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30, 1990. ........................................ 1098
§63-330.73. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30, 1990. ........................................ 1098
§63-330.74. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30, 1990. ........................................ 1098
§63-330.75. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30, 1990. ........................................ 1098
§63-330.76. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30, 1990. ........................................ 1098
§63-330.77. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30, 1990. ........................................ 1098
§63-330.78. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30, 1990. ........................................ 1098
§63-330.79. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30, 1990. ........................................ 1098
§63-330.80. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30, 1990. ........................................ 1098
§63-330.81. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999. ........................................................ 1098
§63-330.82. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30, 1990. ........................................ 1099
§63-330.83. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30, 1990. ........................................ 1099
§63-330.84. Renumbered as § 2451 of this title by Laws 1990, c. 320, § 19, emerg. eff. May 30, 1990. 1099
§63-330.85. Renumbered as § 2452 of this title by Laws 1990, c. 320, § 19, emerg. eff. May 30, 1990. 1099
§63-330.86. Renumbered as § 2453 of this title by Laws 1990, c. 320, § 19, emerg. eff. May 30, 1990. 1099
§63-330.87. Renumbered as § 2454 of this title by Laws 1990, c. 320, § 19, emerg. eff. May 30, 1990. 1099
§63-330.88. Renumbered as § 2455 of this title by Laws 1990, c. 320, § 19, emerg. eff. May 30, 1990. 1099
§63-330.89. Repealed by Laws 1990, c. 320, § 21, emerg. eff. May 30, 1990. ........................................ 1099
§63-330.90. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999. ........................................................ 1099
§63-330.91. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999. ........................................................ 1099
§63-330.92. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999. ........................................................ 1099
§63-330.93. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999. ........................................................ 1099
§63-330.94. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999. ........................................................ 1099
§63-330.95. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999. ........................................................ 1099
§63-330.96. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999. ........................................................ 1099
§63-330.97. Renumbered as § 1-2522 of this title by Laws 2002, c. 374, § 11, eff. July 1, 2002. ............ 1099
§63-330.98. Emergency Management Assistance Compact and Rescue Out of State Deployments
Revolving Fund. ...................................................................................................................................... 1099
§63-420. Medical marijuana patient license – Possession limits - Application – Caregiver license. ....... 1100
§63-421. Medical marijuana dispensary license application – Fee – Criteria for license – Monthly
sales report. ........................................................................................................................................... 1103
§63-422. Medical marijuana commercial grower license application – Fee – Criteria for license. ......... 1105
§63-423. Medical marijuana processing license - Application – Inspection - Devices. ............................ 1107
§63-424. Marijuana transportation license. ............................................................................................ 1108
§63-425. Discrimination protection for license holders — Zoning — Location near schools. ................. 1109
§63-426. Tax on retail medical marijuana. ............................................................................................... 1112
§63-426.1. Licensure revocation hearings to be recorded – Sharing information with law
enforcement - Sharing information with political subdivisions – Certificate of compliance with
political subdivision. ............................................................................................................................... 1113
§63-427.1. Short title - Oklahoma Medical Marijuana and Patient Protection Act. ................................ 1115
§63-427.2. See the following versions: .................................................................................................... 1116
§63-427.2v1. Definitions. ......................................................................................................................... 1116
§63-427.2v2. Definitions. ......................................................................................................................... 1123
§63-427.3. Oklahoma Medical Marijuana Authority – Creation - Duties. ............................................... 1132
§63-427.3a. County Sheriff Public Safety Grant Revolving Fund. ............................................................ 1135
§63-427.3b. Petty cash fund. ................................................................................................................... 1135
Oklahoma Statutes - Title 63. Public Health and Safety Page 37
§63-427.4. Oklahoma Medical Marijuana Authority – Executive Director. ............................................. 1136
§63-427.5. Oklahoma Medical Marijuana Authority Fund. ..................................................................... 1139
§63-427.5a. Medical Marijuana Tax Fund. ............................................................................................... 1139
§63-427.6. Monitoring and disciplinary actions – Inspections and investigations – Penalties –
Unauthorized diversion of products – Notice of violations – Emergency powers. ................................ 1139
§63-427.7. Registry of patients and caregivers. ....................................................................................... 1144
§63-427.8. Additional rights, restrictions and prohibitions related to medical marijuana use and
possession. ............................................................................................................................................. 1145
§63-427.9. Patient license – Verification of need of applicants – Disabled veteran reduced fee. .......... 1148
§63-427.10. Physicians who may provide a recommendation – Physician immunity. ............................ 1148
§63-427.11. Caregiver license rights. ....................................................................................................... 1150
§63-427.12. Restrictions on growing medical marijuana. ....................................................................... 1150
§63-427.13. Oklahoma-licensed business purchase requirement – Inventory tracking system. ............ 1151
§63-427.14. Medical marijuana business license – Requirements. ......................................................... 1152
§63-427.14a. Moratorium on processing and issuing new medical marijuana business licenses. .......... 1163
§63-427.14b. Credentials required for employees to work in licensed medical marijuana business. .... 1163
§63-427.14c. Transfer of business — Written approval of application required. ................................... 1165
§63-427.15. Authority to develop policies and procedures for disclosure by businesses – Attestation
regarding foreign financial interests. ..................................................................................................... 1166
§63-427.15a. Publicly traded company defined. ..................................................................................... 1167
§63-427.16. Medical marijuana transporter license - Requirements. ..................................................... 1167
§63-427.17. See the following versions: .................................................................................................. 1172
§63-427.17a. Quality assurance laboratory — Compliance testing of businesses. ................................. 1172
§63-427.17v1. Medical marijuana testing laboratory license – Requirements. ...................................... 1173
§63-427.17v2. Medical marijuana testing laboratory license – Requirements. ...................................... 1181
§63-427.18. Packaging and labeling requirements. ................................................................................. 1187
§63-427.19. Medical marijuana research license - Requirements. .......................................................... 1189
§63-427.20. Medical marijuana education facility license - Requirements. ............................................ 1191
§63-427.21. Advertising restrictions. ....................................................................................................... 1193
§63-427.22. Confidential records. ........................................................................................................... 1194
§63-427.23. Promulgation of rules to implement provisions of act. ....................................................... 1195
§63-427.24. Tagging and embargo of products deemed in violation – Disposal – Court action to
condemn and destroy embargoed products.......................................................................................... 1195
§63-427.25. Secret shoppers – Laboratory testing – Enforcement. ........................................................ 1196
§63-427.26. Bond required for land used in commercial growing operations. ....................................... 1198
§63-427.27. Fingerprints — Medical marijuana facility owners. ............................................................. 1199
§63-427.28. Fingerprints — Medical marijuana facility employees. ....................................................... 1201
§63-427.29. Oklahoma Medical Marijuana Authority Executive Advisory Council — Composition —
Powers and duties. ................................................................................................................................. 1202
§63-428. Short title - Oklahoma Medical Marijuana Waste Management Act. ...................................... 1203
§63-428.1. See the following versions: .................................................................................................... 1203
§63-428.1v1. Definitions. ......................................................................................................................... 1203
§63-428.1v2. Definitions. ......................................................................................................................... 1204
§63-429. Application of act – Destruction of plant parts not requiring medical marijuana waste
disposal facility. ...................................................................................................................................... 1205
§63-430. Medical marijuana waste disposal license – Screening process – Waste disposal facility
permit..................................................................................................................................................... 1206
§63-431.1. Sales of medical marijuana products from licensed processors and commercial growers
to licensed dispensaries to be in pre-packaged form. ........................................................................... 1209
§63-465.20. Smelling, inhaling, etc. of substances which cause unnatural conditions - Exemptions -
Penalties. ................................................................................................................................................ 1210
§63-465.21. Sale of certain paint to intoxicated person. ......................................................................... 1210
§63-472. City jails. .................................................................................................................................... 1210
Oklahoma Statutes - Title 63. Public Health and Safety Page 38
§63-475. Contagious disease - Isolation. ................................................................................................. 1211
§63-476. Isolation of prisoners having contagious disease - Jail construction. ....................................... 1211
§63-477. Sanitation of charitable institutions. ........................................................................................ 1211
§63-479. Violations - Penalty. .................................................................................................................. 1211
§63-485.1. Purpose of act. ....................................................................................................................... 1211
§63-485.2. Oklahoma Spastic Paralysis Commission - Creation - Powers and duties. ............................. 1212
§63-485.3. J.D. McCarty Center for Children with Developmental Disabilities - Establishment and
maintenance - Contracts - Payments - Power of Commission - Legal representation – Sale of surplus
property and fixtures. ............................................................................................................................ 1212
§63-485.4. Oklahoma Cerebral Palsy Commission - Gifts and bequests. ................................................ 1213
§63-485.5. Members of Commission - Appointment - Term - Travel expenses. ..................................... 1214
§63-485.6. Officers - Organization - Director and personnel - Legal assistance. ..................................... 1214
§63-485.7. Bonds of members. ................................................................................................................ 1215
§63-485.8. Partial invalidity. .................................................................................................................... 1215
§63-485.9. Change of name for Institute and Commission. .................................................................... 1215
§63-485.10. Annuity contracts - Purchases as salary payments. ............................................................. 1216
§63-485.11. J.D. McCarty Center for Children with Developmental Disabilities Revolving Fund. ........... 1216
§63-485.12. Exemptions. ......................................................................................................................... 1216
§63-488.1. Program of immunization. ..................................................................................................... 1217
§63-488.2. Funds. ..................................................................................................................................... 1217
§63-535. Repealed by Laws 1963, c. 325, art. 17, § 1705, operative July 1, 1963. .................................. 1217
§63-536. Repealed by Laws 1963, c. 325, art. 17, § 1705, operative July 1, 1963. .................................. 1217
§63-537. Repealed by Laws 1963, c. 325, art. 17, § 1705, operative July 1, 1963. .................................. 1218
§63-538. Repealed by Laws 1963, c. 325, art. 17, § 1705, operative July 1, 1963. .................................. 1218
§63-663. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29, 2003. ............................................. 1218
§63-680. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29, 2003. ............................................. 1218
§63-681. School buildings - Protection from tornadoes and severe weather. ........................................ 1218
§63-682. Federal assistance programs - Participation. ............................................................................ 1218
§63-682.1. Vaccination program for first responders. ............................................................................. 1219
§63-683.1. Citation................................................................................................................................... 1220
§63-683.2. Findings and declarations. ..................................................................................................... 1220
§63-683.3. Definitions. ............................................................................................................................. 1221
§63-683.4. Oklahoma Department of Emergency Management – Powers and duties of Director. ........ 1223
§63-683.5a. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29, 2003. ........................................ 1224
§63-683.6. State Hazard Mitigation Team. .............................................................................................. 1224
§63-683.8. Powers and duties of Governor. ............................................................................................ 1225
§63-683.9. Natural or man-made emergency - Additional powers of Governor. .................................... 1227
§63-683.10. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29, 2003. ........................................ 1229
§63-683.11. Political subdivisions - Emergency management programs - Emergency management
directors - Declaration of local emergency. ........................................................................................... 1229
§63-683.12. Mutual aid arrangements for reciprocal emergency management..................................... 1231
§63-683.13. Emergency management activities declared as governmental functions - Workers'
benefit rights preserved. ........................................................................................................................ 1231
§63-683.14. Exemption from civil liability. .............................................................................................. 1232
§63-683.15. Limitation on political activity. ............................................................................................. 1233
§63-683.16. Restriction on employment - Loyalty oath. ......................................................................... 1233
§63-683.17. Appropriation powers - Gifts, grants and loans. ................................................................. 1233
§63-683.18. Utilization of services, equipment, etc. ............................................................................... 1235
§63-683.19. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29, 2003. ........................................ 1235
§63-683.19a. County and city-county health departments - Benefits, powers, immunities and
protections. ............................................................................................................................................ 1235
§63-683.21. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29, 2003. ........................................ 1235
§63-683.22. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29, 2003. ........................................ 1235
Oklahoma Statutes - Title 63. Public Health and Safety Page 39
§63-683.23. Violations - Civil actions - Jurisdiction - Penalties - Enforcement. ....................................... 1235
§63-683.24. Emergency Management Disaster Relief Matching Fund. ................................................... 1236
§63-683.24A. Emergency Relief and Impacts Grant Program. ................................................................. 1236
§63-683.24B. Emergency Relief and Impacts Revolving Fund. ................................................................ 1237
§63-683.25. Short title. ............................................................................................................................ 1237
§63-683.26. Voluntary involvement in emergency management programs – Voluntary emergency
management initiatives. ........................................................................................................................ 1237
§63-683.27. Repealed by Laws 2013, c. 227, § 18, eff. Nov. 1, 2013. ...................................................... 1238
§63-683.28. Oklahoma Department of Emergency Management – Volunteer programs. ..................... 1238
§63-683.29. Repealed by Laws 2007, c. 93, § 9, eff. Nov. 1, 2007. .......................................................... 1239
§63-683.30. Repealed by Laws 2013, c. 227, § 18, eff. Nov. 1, 2013. ...................................................... 1239
§63-683.31. Repealed by Laws 2013, c. 227, § 18, eff. Nov. 1, 2013. ...................................................... 1239
§63-683.32. Funds, grants, and services from federal government - Receipt and expenditure. ............. 1239
§63-683.33. Power to make contracts and agreements. ......................................................................... 1239
§63-683.34. Rules. ................................................................................................................................... 1240
§63-683.35. Short title - Oklahoma First Informer Broadcasters Act. ..................................................... 1240
§63-683.36. Definitions – Training and certification program – Access to area affected by emergency
or disaster. ............................................................................................................................................. 1240
§63-684.1. Entry into Emergency Management Compact. ...................................................................... 1241
§63-684.2. Purpose and authorities. ........................................................................................................ 1241
§63-684.3. General implementation. ....................................................................................................... 1241
§63-684.4. Party state responsibilities. .................................................................................................... 1242
§63-684.5. Limitations. ............................................................................................................................ 1243
§63-684.6. Licenses and permits.............................................................................................................. 1244
§63-684.7. Liability. .................................................................................................................................. 1244
§63-684.8. Supplementary agreements. ................................................................................................. 1245
§63-684.9. Compensation. ....................................................................................................................... 1245
§63-684.10. Reimbursement. .................................................................................................................. 1245
§63-684.11. Evacuation. .......................................................................................................................... 1246
§63-684.12. Implementation. .................................................................................................................. 1246
§63-684.13. Validity. ................................................................................................................................ 1247
§63-684.14. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg. eff. Sept. 10, 2013. ........................ 1247
§63-684.15. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg. eff. Sept. 10, 2013. ........................ 1247
§63-684.16. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg. eff. Sept. 10, 2013. ........................ 1247
§63-684.17. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg. eff. Sept. 10, 2013. ........................ 1247
§63-684.18. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg. eff. Sept. 10, 2013. ........................ 1248
§63-684.19. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg. eff. Sept. 10, 2013. ........................ 1248
§63-684.20. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg. eff. Sept. 10, 2013. ........................ 1248
§63-684.21. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg. eff. Sept. 10, 2013. ........................ 1248
§63-684.22. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg. eff. Sept. 10, 2013. ........................ 1248
§63-684.23. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg. eff. Sept. 10, 2013. ........................ 1248
§63-684.24. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg. eff. Sept. 10, 2013. ........................ 1248
§63-684.25. Short title - Uniform Emergency Volunteer Health Practitioners Act. ................................. 1249
§63-684.26. Definitions. ........................................................................................................................... 1249
§63-684.27. Applicability to volunteer health practitioners. ................................................................... 1251
§63-684.28. Regulation of services during emergency. ........................................................................... 1251
§63-684.29. Volunteer health practitioner registration systems. ........................................................... 1252
§63-684.30. Recognition of volunteer health practitioners licensed in other states. ............................. 1253
§63-684.31. No effect on credentialing and privileging. .......................................................................... 1254
§63-684.32. Provision of volunteer health or veterinary services – Administrative sanctions. .............. 1254
§63-684.33. Relation to other laws. ......................................................................................................... 1256
§63-684.34. Regulatory authority. ........................................................................................................... 1256
§63-684.35. Uniformity of application and construction. ........................................................................ 1256
Oklahoma Statutes - Title 63. Public Health and Safety Page 40
§63-685.1. Citation................................................................................................................................... 1257
§63-685.2. Findings and declarations. ..................................................................................................... 1257
§63-685.3. Definitions. ............................................................................................................................. 1258
§63-685.4. Emergency interim succession to office of Governor. ........................................................... 1258
§63-685.5. Emergency interim succession to state offices other than Governor.................................... 1259
§63-685.6. Interim succession to political subdivision offices. ................................................................ 1259
§63-685.7. Special emergency judges. ..................................................................................................... 1260
§63-685.8. Oaths. ..................................................................................................................................... 1261
§63-685.9. Limitation on exercise of powers and duties by interim successors and special emergency
judges - Termination of authority by Legislature. .................................................................................. 1261
§63-685.10. Removal of successors. ........................................................................................................ 1261
§63-685.11. Disputes. .............................................................................................................................. 1261
§63-686.1. Citation................................................................................................................................... 1262
§63-686.2. Declarations. .......................................................................................................................... 1262
§63-686.3. Definitions. ............................................................................................................................. 1262
§63-686.4. Designation of emergency interim successor. ....................................................................... 1263
§63-686.5. Emergency interim successor defined - Qualification - Tenure. ............................................ 1263
§63-686.6. Maintaining minimum number of successors........................................................................ 1263
§63-686.7. Effective date of designations and removals - Recording. ..................................................... 1264
§63-686.8. Oaths. ..................................................................................................................................... 1264
§63-686.9. Successors to keep informed. ................................................................................................ 1265
§63-686.10. Changing place of session. ................................................................................................... 1265
§63-686.11. Calling of session - Limitations suspended. ......................................................................... 1265
§63-686.12. Exercise of powers and duties by successors - Ouster provisions applicable. ..................... 1265
§63-686.13. Privileges and immunities - Compensation and allowances. ............................................... 1266
§63-686.14. Termination of authority. .................................................................................................... 1266
§63-687.1. Citation................................................................................................................................... 1267
§63-687.2. Definitions. ............................................................................................................................. 1267
§63-687.3. Temporary disaster locations for seat of state government. ................................................ 1267
§63-687.4. Temporary disaster locations for seat of local government. ................................................. 1268
§63-688.1. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26, 2006. .......................................... 1268
§63-688.2. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26, 2006. .......................................... 1268
§63-688.3. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26, 2006. .......................................... 1268
§63-688.4. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26, 2006. .......................................... 1268
§63-688.5. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26, 2006. .......................................... 1268
§63-689. Repealed by Laws 2003, c. 292, § 2, emerg. eff. May 27, 2003. ............................................... 1268
§63-689.1. Renumbered as § 4-2-102 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 1268
§63-689.1B. Renumbered as § 4-2-104 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ....... 1268
§63-689.2. Renumbered as § 4-2-105 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ......... 1268
§63-690.1. Short title – Purposes. ............................................................................................................ 1268
§63-690.2. Definitions. ............................................................................................................................. 1269
§63-690.3. Duties of Department of Emergency Management. .............................................................. 1270
§63-690.4. Grants or loans for flood hazard mitigation. ......................................................................... 1271
§63-690.5. Recommendation of priorities for flood hazard mitigation projects. .................................... 1272
§63-690.6. Funding of acquisition of real property by municipalities. .................................................... 1272
§63-690.10. State Assistance Dedicated for Disaster-impacted Local Economies Revolving Fund. ........ 1273
§63-695.1. Short title. .............................................................................................................................. 1274
§63-695.2. Purpose - Definitions - Statewide mutual aid system - Reimbursement. .............................. 1274
§63-695.3. Prompt, full and effective response - Legally designated jurisdiction official. ...................... 1276
§63-695.4. Procedural plans and programs - Requests for assistance - Consultation between
jurisdictions - Discretion. ....................................................................................................................... 1276
§63-695.5. Necessary actions and provisions - Powers, duties, rights and privileges of emergency
forces - Command and control. ............................................................................................................. 1277
Oklahoma Statutes - Title 63. Public Health and Safety Page 41
§63-695.6. Professional, mechanical or other licenses, certificates or permits. ..................................... 1278
§63-695.7. Liability and immunity. .......................................................................................................... 1278
§63-695.8. Compensation and death benefits......................................................................................... 1278
§63-695.9. Reimbursement for loss, damage, expense or cost. .............................................................. 1279
§63-695.10. Plans for evacuation and interjurisdiction reception of civilian population. ....................... 1279
§63-701. Shooting galleries - Standards and specifications. .................................................................... 1279
§63-702. Ammunition. ............................................................................................................................. 1280
§63-703. Operators and employees - 21 years of age. ............................................................................ 1280
§63-704. Inspection statement. ............................................................................................................... 1280
§63-705. License tax. ............................................................................................................................... 1281
§63-706. Hours for opening and closing - Exception. .............................................................................. 1281
§63-707. Penalties.................................................................................................................................... 1281
§63-708. Public shootings sponsored by non-profit organizations exempt. ........................................... 1281
§63-709. Repealed by Laws 1997, c. 256, § 1, emerg. eff. May 23, 1997. ............................................... 1281
§63-709.1. Repealed by Laws 1997, c. 256, § 1, emerg. eff. May 23, 1997. ............................................ 1281
§63-709.2. Noise - Exemption from liability. ........................................................................................... 1282
§63-931. Board of Medicolegal Investigations - Membership - Compensation - Meetings. ................... 1282
The Board of Medicolegal Investigations is hereby re-created. The members of the Board shall be: .... 1282
§63-932. Rules and regulations. ............................................................................................................... 1283
§63-933. Office of Chief Medical Examiner. ............................................................................................ 1283
§63-934. Appointment and qualifications of Chief Medical Examiner. ................................................... 1283
§63-935. Responsibility of Examiner - Delegation of duties. ................................................................... 1284
§63-935.1. Office of the State Medical Examiner relocation ................................................................... 1284
§63-936. Office and laboratory. ............................................................................................................... 1284
The Board shall provide for a central and eastern office and shall see that there is maintained a
laboratory suitably equipped with facilities for performance of the duties imposed by Section 931
et seq. of this title. ................................................................................................................................. 1284
§63-937. Appointment and qualifications of county medical examiners. ............................................... 1284
The Chief Medical Examiner shall appoint medical examiners for the state. Each medical examiner
so appointed shall be a Doctor of Medicine or Osteopathic Medicine, shall hold a valid board
certification to practice forensic pathology in Oklahoma, and shall hold office at the pleasure of the
Chief Medical Examiner. The Chief Medical Examiner shall appoint a Deputy Chief Medical
Examiner to serve in the capacity of the Chief Medical Examiner in the event the Chief Medical
Examiner is absent, ill, or disqualified by personal interest................................................................... 1285
§63-938. Types of deaths to be investigated - Autopsies. ....................................................................... 1285
§63-939. Production of records, documents, evidence or other material. ............................................. 1286
§63-940. Cooperation of state and county officials - Notification of deaths. .......................................... 1286
§63-940a. Liability for removal of body. .................................................................................................. 1287
§63-941. Investigation by medical examiner. .......................................................................................... 1287
§63-941a. Custody of the body. ............................................................................................................... 1288
Upon completion of an investigation by the Office of the Chief Medical Examiner, the body of the
deceased shall be released to the person legally entitled to the custody thereof, or his or her
representative, unless: ........................................................................................................................... 1288
§63-941b. Condition of the body. ............................................................................................................ 1289
When attending a patient at time of death, physicians shall take care that the remains of the
deceased are left in such a state that will not hinder or unnecessarily complicate the preparation
for burial or other disposition, provided that nothing herein shall interfere with or restrict a
physician's sworn duty to do all things necessary to save the patient's life. ......................................... 1289
§63-942. Report of findings. .................................................................................................................... 1289
§63-942a. Appeal of medical examiner's findings. .................................................................................. 1290
§63-943. Repealed by Laws 2014, c. 293, § 23, eff. Nov. 1, 2014. ........................................................... 1290
§63-944. Autopsy - Public interest – Deceased children - Collection of samples. ................................... 1290
§63-944.1. Repealed by Laws 2014, c. 293, § 23, eff. Nov. 1, 2014. ........................................................ 1291
Oklahoma Statutes - Title 63. Public Health and Safety Page 42
§63-944.2. Unconstitutional. ................................................................................................................... 1291
§63-944.3. Declined autopsy — Notice to legal custodian of the deceased. .......................................... 1292
§63-945. Person to perform autopsy - Extent - Report of findings. ......................................................... 1292
§63-946. Exhuming of bodies - Hearing - Autopsy - Reports. .................................................................. 1296
§63-947. Certificate of death. .................................................................................................................. 1297
§63-948. Storage of biological specimens - Storage fees - Drug screens. ................................................ 1297
§63-948.1. Fee schedule - Exemptions. ................................................................................................... 1298
§63-949. Records - Evidence - Sudden Unexpected Death in Infants and Children. ............................... 1299
§63-950. Repealed by Laws 2014, c. 293, § 23, eff. Nov. 1, 2014. ........................................................... 1301
§63-951. Transporting of bodies for autopsy or scientific tests. ............................................................. 1301
§63-952. Persons excluded from serving as examiners or deputies. ....................................................... 1302
§63-953. Penalties.................................................................................................................................... 1302
§63-954. Chief Medical Examiner Revolving Fund. .................................................................................. 1302
§63-981. Activity within six (6) feet of high voltage overhead line or conductorprohibited. .................. 1303
§63-982. Storing, moving, etc. of equipment, materials, or buildings within six feet of lines
prohibited. ............................................................................................................................................. 1303
§63-983. Posting of warning signs in cranes, derricks and similar apparatus. ......................................... 1304
§63-984. Violations and penalties. ........................................................................................................... 1304
§63-985. Definitions. ................................................................................................................................ 1304
§63-986. Temporary clearance of lines - Costs. ....................................................................................... 1304
§63-987. Operations and activities exempt. ............................................................................................ 1305
§63-1051. Short title. ............................................................................................................................... 1305
§63-1052. Application of act. ................................................................................................................... 1305
§63-1053. Finding and declaration of necessity. ..................................................................................... 1305
§63-1054. Definitions. .............................................................................................................................. 1306
§63-1055. Creation of city and county authorities. ................................................................................. 1309
§63-1055.1. Certain housing authorized to use state controlled communication towers. ..................... 1310
§63-1056. Petitions and elections to discontinue the construction of additional public housing
projects. ................................................................................................................................................. 1310
§63-1057. Creation of Indian housing authorities – Transfer of management and control. .................... 1312
§63-1058. Appointment, qualifications, tenure and meetings of authority commissioners. .................. 1314
§63-1059. Interest of commissioners, officers, or employees. ................................................................ 1315
§63-1060. Removal of commissioners. .................................................................................................... 1316
§63-1061. Power of authority. ................................................................................................................. 1316
§63-1062. Operation of housing not for profit. ....................................................................................... 1320
§63-1063. Tenant eligibility. .................................................................................................................... 1321
§63-1064. Cooperation between authorities........................................................................................... 1321
§63-1065. Dwellings for disaster victims and defense workers. .............................................................. 1321
§63-1066. Tax exemption and payments in lieu of taxes. ....................................................................... 1322
§63-1067. Planning, zoning and building laws. ........................................................................................ 1322
§63-1068. Bonds. ..................................................................................................................................... 1322
§63-1069. Form and sale of bonds. ......................................................................................................... 1323
§63-1070. Provisions of bonds and trust indentures. .............................................................................. 1324
§63-1071. Housing bonds, legal investments and security. ..................................................................... 1325
§63-1072. Construction of bond provisions. ............................................................................................ 1326
§63-1073. Remedies of an obligee. .......................................................................................................... 1326
§63-1074. Additional remedies conferrable by the authority. ................................................................ 1327
§63-1075. Exemption of property from execution sale. .......................................................................... 1327
§63-1076. Aid from federal government. ................................................................................................ 1328
§63-1077. Transfer of possession or title to federal government. .......................................................... 1328
§63-1078. Eminent domain. ..................................................................................................................... 1329
§63-1079. Reports and audits. ................................................................................................................. 1329
§63-1080. Cooperation in undertaking projects. ..................................................................................... 1329
Oklahoma Statutes - Title 63. Public Health and Safety Page 43
§63-1081. Agreements as to payments by housing authority. ................................................................ 1330
§63-1082. Other state and local aid. ........................................................................................................ 1331
§63-1083. Rural electric cooperative housing authority.......................................................................... 1331
§63-1083.1. Rural electric cooperative housing authorities - Exemption from publication of notice,
petition and election procedure. ........................................................................................................... 1331
§63-1084. Industrial housing - Adoption of Federal standards. .............................................................. 1332
§63-1092.1. Short title. ............................................................................................................................ 1332
§63-1092.2. Compliance with Federal Uniform Relocation Act - Compensation and reimbursement
payments. .............................................................................................................................................. 1333
§63-1093. Responsibility for conduct of assistance programs. ............................................................... 1333
§63-1094. Availability of funds. ............................................................................................................... 1333
§63-1095. Costs to units of local government. ........................................................................................ 1333
§63-1097. Payments not considered as income or resources. ................................................................ 1334
§63-1098. Act not to create new elements of value or damage. ............................................................ 1334
§63-1099. Appeals. .................................................................................................................................. 1334
§63-2051. Citation. .................................................................................................................................. 1334
§63-2052. Purpose. .................................................................................................................................. 1334
§63-2053. Community defined. ............................................................................................................... 1335
§63-2054. Community Social Service Center Authority - Powers, rights and privileges. ......................... 1335
§63-2055. Title to property. ..................................................................................................................... 1336
§63-2056. Building of centers on leased land. ......................................................................................... 1336
§63-2057. East Central Oklahoma Health and Social Service Center at Ada - Transfer of management
and operation. ........................................................................................................................................ 1336
§63-2058. Transfer of property, records, funds, etc. - Assumption of obligations. ................................. 1336
§63-2059. National Guard Advocacy Program. ........................................................................................ 1337
§63-2060. Short title – Oklahoma Certified Healthy Communities Act. .................................................. 1337
§63-2061. Short title – Oklahoma Certified Healthy Schools Act. ........................................................... 1338
§63-2063a. Short title — Oklahoma Community Health Worker Act. ..................................................... 1339
§63-2063b. Definitions. ............................................................................................................................ 1339
§63-2063c. Community health workers — Voluntary certification. ........................................................ 1339
§63-2063d. Eligibility. ............................................................................................................................... 1340
§63-2063e. Promulgation of rules. .......................................................................................................... 1340
§63-2065. School Nurse Pilot Program Revolving Fund. .......................................................................... 1341
§63-2071. Declaration - definition. .......................................................................................................... 1341
§63-2072. Establishment and operation of centers. ................................................................................ 1342
§63-2073. Educational materials and information - Physician to direct. ................................................. 1342
§63-2074. Rules, regulations and standards. ........................................................................................... 1342
§63-2075. Fees. ........................................................................................................................................ 1342
§63-2151. Blood products or tissues - Addition to human body - Warranty. .......................................... 1343
§63-2151.1. Organ and tissue donations from HIV positive persons. ..................................................... 1343
§63-2152. Donation of blood. .................................................................................................................. 1344
§63-2153. Preplacement or replacement of blood as a condition of treatment. .................................... 1344
§63-2154. Statement of benefits from donation of blood. ..................................................................... 1344
§63-2161. Short title. ............................................................................................................................... 1345
§63-2162. Purpose of act. ........................................................................................................................ 1345
§63-2163. Definitions. .............................................................................................................................. 1345
§63-2166. Contracts for blood and blood products. ................................................................................ 1345
§63-2167. Blood solicitation and donation. ............................................................................................. 1345
§63-2167.1. Test for detection of antibodies to human T-lymphotropic virus type III - Notification of
donors. ................................................................................................................................................... 1346
§63-2168. Statement of benefits arising from donation of blood - Donor forms - Unlawful
representations. ..................................................................................................................................... 1346
§63-2169. Financial statements and reports. .......................................................................................... 1347
Oklahoma Statutes - Title 63. Public Health and Safety Page 44
§63-2170. Violations - Penalties. ............................................................................................................. 1347
§63-2171. Repealed by Laws 2005, c. 108, § 5, eff. July 1, 2005. ............................................................ 1347
§63-2172. Repealed by Laws 2005, c. 108, § 5, eff. July 1, 2005. ............................................................ 1347
§63-2173. Short title. ............................................................................................................................... 1347
§63-2174. Repealed by Laws 2017, c. 47, § 1, eff. Nov. 1, 2017. ............................................................. 1347
§63-2175. Public umbilical cord blood bank – Education program – Donation to bank. ........................ 1348
§63-2175.1. State Commissioner request for information about public cord blood collection
operation................................................................................................................................................ 1349
§63-2200.1. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. ...................................................... 1349
§63-2200.1A. Short title. .......................................................................................................................... 1350
§63-2200.2. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. ...................................................... 1350
§63-2200.2A. Definitions. ........................................................................................................................ 1350
§63-2200.3. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. ...................................................... 1352
§63-2200.3A. Applicability. ...................................................................................................................... 1352
§63-2200.4. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. ...................................................... 1353
§63-2200.4A. Persons authorized to make anatomical gift before donor's death. ................................. 1353
§63-2200.5. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. ...................................................... 1353
§63-2200.5A. Manner of making anatomical gift before donor's death. ................................................ 1353
§63-2200.6. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. ...................................................... 1354
§63-2200.6A. Amending or revoking anatomical gift before donor's death. .......................................... 1354
§63-2200.7. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. ...................................................... 1355
§63-2200.7A. Refusal to make anatomical gift - Effect of refusal. ........................................................... 1355
§63-2200.8. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. ...................................................... 1356
§63-2200.8A. Preclusive effect of anatomical gift, amendment, or revocation. ..................................... 1356
§63-2200.9. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. ...................................................... 1357
§63-2200.9A. Persons authorized to make anatomical gift of decedent's body or part. ........................ 1357
§63-2200.10. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1358
§63-2200.10A. Manner of making, amending, or revoking anatomical gift of decedent's body or part. 1358
§63-2200.11. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1358
§63-2200.11A. Persons who may receive anatomical gift - Purpose of gift. ........................................... 1359
§63-2200.12. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1360
§63-2200.12A. Search and notification. ................................................................................................... 1360
§63-2200.13. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1361
§63-2200.13A. Delivery of document of gift not required - Right to examine. ....................................... 1361
§63-2200.14. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1361
§63-2200.14A. Rights and duties of procurement organization and others............................................ 1361
§63-2200.15. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1363
§63-2200.15A. Coordination of procurement and use of gifts. ............................................................... 1363
§63-2200.16. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1363
§63-2200.16A. Sale or purchase of parts prohibited - Reasonable fees. ................................................. 1363
§63-2200.17. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1364
§63-2200.17A. Falsification, etc. of document of gift for financial gain - Penalties. ............................... 1364
§63-2200.18. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1364
§63-2200.18A. Immunity. ........................................................................................................................ 1364
§63-2200.19. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1365
§63-2200.19A. Law governing validity and interpretation - Presumption of validity. ............................. 1365
§63-2200.20. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1365
§63-2200.20A. Life Share Donor Registry. ............................................................................................... 1365
§63-2200.21. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1367
§63-2200.21A. Effect of anatomical gift on advance health care directive. ............................................ 1367
§63-2200.22. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1368
§63-2200.22A. Cooperation between medical examiner and procurement organizations. ................... 1368
§63-2200.23. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1369
Oklahoma Statutes - Title 63. Public Health and Safety Page 45
§63-2200.23A. Facilitation of anatomical gift from body of decedent under medical examiner's
jurisdiction. ............................................................................................................................................ 1369
§63-2200.24. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1370
§63-2200.24A. Uniformity of application and construction. ................................................................... 1370
§63-2200.25. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1371
§63-2200.25A. Relation to Electronic Signatures in Global and National Commerce Act. ...................... 1371
§63-2200.26. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1371
§63-2200.26A. References to act. ............................................................................................................ 1371
§63-2200.27. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009. .................................................... 1371
§63-2200.27A. Office of Chief Medical Examiner - Compensation from recovery organizations. .......... 1371
§63-2200.28. Short title - Everett's Law. .................................................................................................. 1372
§63-2200.29. Definitions. ......................................................................................................................... 1372
§63-2200.30. Application of act – Consideration of factors by covered entities. .................................... 1374
§63-2200.31. Civil actions against covered entities. ................................................................................ 1375
§63-2200.32. Prohibited actions by health carriers. ................................................................................ 1375
§63-2201. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1376
§63-2202. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1376
§63-2203. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1377
§63-2204. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1377
§63-2205. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1377
§63-2206. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1377
§63-2207. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1377
§63-2208. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1377
§63-2209. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1377
§63-2209.1. Permits - Rules. .................................................................................................................... 1377
§63-2210. Eye recovery by certified eye bank technicians - Eye banks. .................................................. 1379
§63-2210.1. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ...................................................... 1380
§63-2211. Donor notation on driver license. ........................................................................................... 1381
§63-2212. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1381
§63-2213. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1381
§63-2214. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1381
§63-2215. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1381
§63-2216. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1381
§63-2217. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1382
§63-2218. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. ......................................................... 1382
§63-2220.1. Short title. ............................................................................................................................ 1382
§63-2220.2. Organ donor education and awareness programs. ............................................................. 1382
§63-2220.3. Oklahoma Organ Donor Education and Awareness Program Revolving Fund. ................... 1383
§63-2220.4. Income tax return contributions. ......................................................................................... 1384
§63-2220.5. Driver license or identification applications - Voluntary contributions. .............................. 1385
§63-2220.6. Education and awareness curricula for elementary and secondary schools. ...................... 1386
§63-2220.10. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009. .................................................... 1386
§63-2220.11. Renumbered as § 848-2.20B of Title 74 by Laws 2002, c. 451, § 2, eff. July 1, 2002. ........ 1386
§63-2251. Renumbered as § 1-2300 of this title by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990. Also
renumbered as § 1-2300 of this title by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................ 1387
§63-2252. Renumbered as § 1-2301 of this title by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Amended and also renumbered as § 1-2301 of this title by Laws 1990, c. 225, §§ 1 and 11,
respectively, eff. Sept. 1, 1990. .............................................................................................................. 1387
§63-2253. Renumbered as §1-2302 of this title by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990. ............. 1387
§63-2254. Renumbered as § 1-2303 of this title by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Amended and also renumbered as § 1-2303 of this title by Laws 1990, c. 225, §§ 3 and 11,
respectively, eff. Sept. 1, 1990. ............................................................................................................. 1387
Oklahoma Statutes - Title 63. Public Health and Safety Page 46
§63-2255.1. Renumbered as § 1-2401 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Renumbered as § 1-2401 of Title 63 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................. 1387
§63-2255.2. Renumbered as § 1-2402 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Renumbered as § 1-2402 of Title 63 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................. 1387
§63-2255.3. Renumbered as § 1-2403 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Renumbered as § 1-2403 of Title 63 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................. 1387
§63-2255.4. Renumbered as § 1-2404 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Renumbered as § 1-2404 of Title 63 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................. 1387
§63-2255.4A. Renumbered as § 1-2405 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Renumbered as § 1-2405 of Title 63 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................. 1387
§63-2255.5. Renumbered as § 1-2406 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Renumbered as § 1-2406 of Title 63 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................. 1387
§63-2255.6. Renumbered as § 1-2407 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Renumbered as § 1-2407 of Title 63 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................. 1387
§63-2255.7. Renumbered as § 1-2408 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Renumbered as § 1-2408 of Title 63 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................. 1388
§63-2255.8. Renumbered as § 1-2409 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Renumbered as § 1-2409 of Title 63 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................. 1388
§63-2255.9. Renumbered as § 1-2410 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Renumbered as § 1-2410 of Title 63 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................. 1388
§63-2255.10. Renumbered as § 1-2411 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990.
Renumbered as § 1-2411 of Title 63 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................. 1388
§63-2256. Renumbered as § 1-2412 of Title 63 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. .............. 1388
§63-2257. Renumbered as § 1-2413 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990 and
Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................................................................................ 1388
§63-2258. Renumbered as § 1-2414 of this title by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990 and by
Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................................................................................ 1388
§63-2258.2. Renumbered as § 1-2415 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990 and by
Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................................................................................ 1388
§63-2258.3. Renumbered as § 1-2416 of Title 63 by Laws 1990, c. 210, § 10, eff. Sept. 1, 1990 and by
Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................................................................................ 1388
§63-2258.4. Renumbered as § 1-2416.1 of this title by Laws 1991, c. 336, § 10, eff. July 1, 1991.......... 1388
§63-2259. Renumbered as § 1-2417 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990 and by
Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................................................................................ 1388
§63-2259.1. Repealed by Laws 1990, c. 225, § 12, eff. Sept. 1, 1990. ..................................................... 1388
§63-2260. Renumbered as § 1-2418 of this title by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990 and by
Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................................................................................ 1389
§63-2261. Renumbered as § 1-2419 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990 and by
Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. ............................................................................................ 1389
§63-2263. Repealed by Laws 1990, c. 225, § 12, eff. Sept. 1, 1990. ........................................................ 1389
§63-2264. Repealed by Laws 1990, c. 225, § 12, eff. Sept. 1, 1990. ....................................................... 1389
§63-2351. Definitions. .............................................................................................................................. 1389
§63-2352. Labeling. .................................................................................................................................. 1389
§63-2353. Safety glazing materials required in hazardous locations. ...................................................... 1390
§63-2354. Employees - Nonliability. ........................................................................................................ 1390
§63-2355. Law governing. ........................................................................................................................ 1390
§63-2356. Penalties. ................................................................................................................................ 1390
§63-2407. Short title. ............................................................................................................................... 1390
§63-2408. Definitions. .............................................................................................................................. 1390
§63-2409. Appointment of interpreter in court action or grand jury proceeding. .................................. 1392
§63-2410. Arrests - Appointment of interpreter. .................................................................................... 1393
§63-2411. Administrative proceedings - Appointment of interpreter. .................................................... 1393
§63-2412. Notice of necessity of interpreter - Proof of hearing loss. ...................................................... 1393
Oklahoma Statutes - Title 63. Public Health and Safety Page 47
§63-2413. Request for interpreter. .......................................................................................................... 1394
§63-2413.1. Contracts with employees of other state agencies for interpreter services. ...................... 1394
§63-2414. Oath or affirmation of true interpretation. ............................................................................ 1394
§63-2415. Interpreter’s fees – Recess periods. ....................................................................................... 1394
§63-2416. Short title. ............................................................................................................................... 1395
§63-2417. Duties and responsibilities of State Department of Rehabilitation Services. ......................... 1395
§63-2418. Telephone access line surcharge - Telecommunications for the Hearing Impaired
Revolving Fund. ...................................................................................................................................... 1396
§63-2418.1. Certified local exchange telephone companies - Compliance with federal legislation -
Assessment of surcharge. ...................................................................................................................... 1396
§63-2419. Collection of revenues to cease under certain conditions. .................................................... 1397
§63-2451. Renumbered as § 1-2517 of this title by Laws 1999, c. 156, § 5, eff. Nov. 1, 1999. ............... 1397
§63-2452. Renumbered as § 1-2518 of this title by Laws 1999, c. 156, § 5, eff. Nov. 1, 1999. ............... 1397
§63-2453. Renumbered as § 1-2519 of this title by Laws 1999, c. 156, § 5, eff. Nov. 1, 1999. ............... 1397
§63-2454. Renumbered as § 1-2520 of this title by Laws 1999, c. 156, § 5, eff. Nov. 1, 1999. ............... 1397
§63-2455. Renumbered as § 1-2521 of this title by Laws 1999, c. 156, § 5, eff. Nov. 1, 1999. ............... 1397
§63-2501. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1397
§63-2502. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1397
§63-2503. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1397
§63-2504. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1397
§63-2505. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1397
§63-2506. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1397
§63-2507. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1397
§63-2508. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1397
§63-2508.1. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ...................................................... 1397
§63-2509. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1397
§63-2510. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1397
§63-2511. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1397
§63-2512. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1398
§63-2513. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1398
§63-2514. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ......................................................... 1398
§63-2521. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994. .......................................................... 1398
§63-2522. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994. .......................................................... 1398
§63-2523. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994. .......................................................... 1398
§63-2524. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994. .......................................................... 1398
§63-2525. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994. .......................................................... 1398
§63-2525.1. Renumbered as § 2508.1 of this title by Laws 1995, c. 204, § 9, eff. July 1, 1995. .............. 1398
§63-2525.2. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ...................................................... 1398
§63-2525.3. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ...................................................... 1398
§63-2525.4. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ...................................................... 1398
§63-2525.5. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ...................................................... 1398
§63-2525.6. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ...................................................... 1398
§63-2525.7. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003. ...................................................... 1398
§63-2526. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994. .......................................................... 1398
§63-2527. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994. .......................................................... 1398
§63-2528.1. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c. 360, § 43. ..................................... 1398
§63-2528.2. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c. 360, § 43. ..................................... 1398
§63-2528.3. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c. 360, § 43. ..................................... 1398
§63-2528.4. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c. 360, § 43. ..................................... 1398
§63-2528.5. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c. 360, § 43. ..................................... 1399
§63-2528.6. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c. 360, § 43. ..................................... 1399
§63-2528.7. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c. 360, § 43. ..................................... 1399
§63-2528.8. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c. 360, § 43. ..................................... 1399
Oklahoma Statutes - Title 63. Public Health and Safety Page 48
§63-2528.9. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c. 360, § 43. ..................................... 1399
§63-2528.10. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c. 360, § 43. ................................... 1399
§63-1-2550. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999. ........................................................ 1399
§63-2550.1. Definitions. ........................................................................................................................... 1399
§63-2550.2. Referral to and treatment by specialist. .............................................................................. 1400
§63-2550.3. Termination of participating providers – Procedures and conditions. ................................ 1401
§63-2550.4. Nonformulary or prior-authorized drugs - Approval. .......................................................... 1402
§63-2551. Short title. ............................................................................................................................... 1403
§63-2552. Definitions. .............................................................................................................................. 1403
§63-2553. Identifying devices and identification cards. .......................................................................... 1403
§63-2554. Duties of law enforcement officers. ....................................................................................... 1404
§63-2555. Medical practitioners - Duties - Liability. ................................................................................ 1405
§63-2556. Persons other than law enforcement officers or medical practitioners. ................................ 1405
§63-2557. Penalties. ................................................................................................................................ 1405
§63-2558. Duties as additional. ............................................................................................................... 1405
§63-2560. Short title - Nondiscrimination in Health Care Coverage Act. ................................................ 1405
§63-2561. Legislative findings and declarations. ..................................................................................... 1406
§63-2562. Definitions. .............................................................................................................................. 1406
§63-2563. Use of dollars-per-quality adjusted life year prohibited. ........................................................ 1406
§63-2564. Proposing new utilization management measures – Post for public comment. .................... 1407
§63-2565. Consultations with advocacy groups required – Process to ensure stakeholder
engagement and transparency – Research and analysis methods. ....................................................... 1407
§63-2601. Definitions. .............................................................................................................................. 1408
§63-2602. Right of self-consent under certain conditions - Doctor patient privileges ............................ 1409
§63-2603. Payment for services. .............................................................................................................. 1410
§63-2604. Safeguards to protect minor. .................................................................................................. 1410
§63-2605. Providing of health care not mandatory. ................................................................................ 1411
§63-2607.1. Gender transition procedures for minors prohibited — Violations — Penalties —
Enforcement. ......................................................................................................................................... 1411
§63-2621. Short title. ............................................................................................................................... 1413
§63-2622. Definitions. .............................................................................................................................. 1413
§63-2623. Medical savings account - Contributions and withdrawals. ................................................... 1414
§63-2654.1. Short title - Definitions. ........................................................................................................ 1416
§63-2654.2. Oklahoma Poison Control Center. ....................................................................................... 1416
§63-2654.3. Authority of Director. ........................................................................................................... 1417
§63-2654.4. Certification as regional poison control center. .................................................................. 1417
§63-2656.1. Administration of oaths - Federal grant or contract funds. ................................................. 1417
§63-2656.2. Annual report - Distribution. ................................................................................................ 1418
§63-2657. Definitions. .............................................................................................................................. 1418
§63-2658. License policy .......................................................................................................................... 1418
§63-2659. Application .............................................................................................................................. 1419
§63-2660. Issuance of a license ............................................................................................................... 1419
§63-2661. Hearing - Notice ...................................................................................................................... 1419
§63-2662. Rules and regulations.............................................................................................................. 1420
§63-2663. Inspections and investigations ................................................................................................ 1420
§63-2663A. Consultant pharmacists – Required visits to ambulatory surgical center. ........................... 1420
§63-2664. Penalty .................................................................................................................................... 1420
§63-2665. Discriminatory practices ......................................................................................................... 1420
§63-2666. Formal transfer agreement. .................................................................................................... 1421
§63-2701. Public policy. ........................................................................................................................... 1421
§63-2702. Medical report - Immunity. ..................................................................................................... 1421
§63-2801. Short title. ............................................................................................................................... 1421
§63-2802. Definitions. .............................................................................................................................. 1422
Oklahoma Statutes - Title 63. Public Health and Safety Page 49
§63-2803. Establishment of basic or sophisticated system. .................................................................... 1422
§63-2804. Services included in system. ................................................................................................... 1423
§63-2805. Preparation and implementation of system. .......................................................................... 1423
§63-2806. Technical and operational standards for basic or sophisticated system. ............................... 1424
§63-2807. Submission of final plan to public telephone utilities - Alternative reports. .......................... 1424
§63-2808. Joint power or written cooperative agreements for implementation of plan - Powers of
public safety agency employees - Immunity. ......................................................................................... 1424
§63-2809. Repealed by Laws 1998, c. 364, § 38, emerg. eff. June 8, 1998. ............................................. 1425
§63-2810. Duties or liabilities of public telephone utility not affected. .................................................. 1425
§63-2811. Repealed by Laws 2023, c. 49, § 12, eff. Nov. 1, 2023. ........................................................... 1425
§63-2812. Repealed by Laws 2023, c. 49, § 12, eff. Nov. 1, 2023. ........................................................... 1425
§63-2813. Repealed by Laws 2023, c. 49, § 12, eff. Nov. 1, 2023. ........................................................... 1425
§63-2814. Repealed by Laws 2024, c. 343, § 1, emerg. eff. May 28, 2024. ............................................. 1425
§63-2815. Repealed by Laws 2024, c. 343, § 2, emerg. eff. May 28, 2024. ............................................. 1425
§63-2815.1. Renumbered as § 2869.3 of this title by Laws 2023, c. 49, § 7, eff. Nov. 1, 2023. .............. 1425
§63-2816. Renumbered as § 2869.4 of this title by Laws 2023, c. 49, § 8, eff. Nov. 1, 2023. ................. 1425
§63-2817. Renumbered as § 2869.5 of this title by Laws 2023, c. 49, § 9, eff. Nov. 1, 2023. ................. 1425
§63-2818. Renumbered as § 2869.6 of this title by Laws 2023, c. 49, § 10, eff. Nov. 1, 2023. ............... 1425
§63-2818.2. Repealed by Laws 1997, c. 46, § 14, emerg. eff. April 7, 1997. ........................................... 1425
§63-2818.3. Repealed by Laws 1997, c. 46, § 14, emerg. eff. April 7, 1997. ........................................... 1426
§63-2818.4. Repealed by Laws 2022, c. 30, § 8, eff. Nov. 1, 2022. .......................................................... 1426
§63-2819. Renumbered as § 2870 of this title by Laws 2016, c. 324, § 13, eff. Nov. 1, 2016. ................ 1426
§63-2820. Renumbered as § 2869.7 of this title by Laws 2023, c. 49, § 11, eff. Nov. 1, 2023. ............... 1426
§63-2821. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017. .......................................................... 1426
§63-2841. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017. .......................................................... 1426
§63-2842. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017. .......................................................... 1426
§63-2843. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017. .......................................................... 1426
§63-2843.1. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017. ....................................................... 1426
§63-2843.2. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017. ....................................................... 1426
§63-2844. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017. .......................................................... 1426
§63-2846. Mandatory provision of emergency telephone service – Confidentiality - Liability. .............. 1426
§63-2847. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017. .......................................................... 1427
§63-2849. Renumbered as § 2871 of this title by Laws 2016, c. 324, § 13, eff. Nov. 1, 2016. ................ 1427
§63-2851. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017. .......................................................... 1427
§63-2852. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017. .......................................................... 1427
§63-2853. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017. .......................................................... 1427
§63-2855.1. Direct access to 9-1-1 service required ................................................................................ 1427
§63-2861. Short title - Oklahoma 9-1-1 Management Authority Act. ..................................................... 1428
§63-2862. Definitions. .............................................................................................................................. 1428
§63-2863. Oklahoma 9-1-1 Management Authority – Creation - Members. .......................................... 1431
§63-2864. Powers and duties. ................................................................................................................. 1433
§63-2865. Fees - Transactions. ................................................................................................................ 1435
§63-2866. Collection, payment, and distribution of fees by providers. .................................................. 1437
§63-2867. Collection, payment, and distribution of prepaid wireless fees. ............................................ 1438
§63-2868. See the following versions: ..................................................................................................... 1439
§63-2868v1. Use of funds – Annual audit – Annual report. ..................................................................... 1439
§63-2868v2. Use of funds – Annual audit – Annual report. ..................................................................... 1441
§63-2869. Oklahoma 9-1-1 Management Authority Revolving Fund. ..................................................... 1443
§63-2869.1. Repealed by Laws 2024, c. 343, § 1, emerg. eff. May 28, 2024. .......................................... 1443
§63-2869.2. Repealed by Laws 2024, c. 343, § 2, emerg. eff. May 28, 2024. .......................................... 1443
§63-2869.3. Outgoing calls - Confidentiality - Liability. ........................................................................... 1443
§63-2869.4. Bonds. .................................................................................................................................. 1444
§63-2869.5. Liability. ................................................................................................................................ 1444
Oklahoma Statutes - Title 63. Public Health and Safety Page 50
§63-2869.6. Contract for administration of emergency telephone service. ............................................ 1445
§63-2869.7. Use of nine-one-one number for nonemergency purposes. ............................................... 1445
§63-2870. False alarm, complaint or information - Penalty. ................................................................... 1445
§63-2871. Short title — Regional Emergency 9-1-1 Services Act — Purpose — Regional emergency
communication districts. ........................................................................................................................ 1446
§63-2872. Online training platform — Mandatory training..................................................................... 1448
§63-2901. Energy Conservation Assistance Fund. ................................................................................... 1449
§63-2902. Disbursement and implementation of Fund - Publicizing program - Eligibility standards -
Priority of applications - Issuance of grants - Form of applications - Contractors; eligibility,
payments, monitoring and audit of financial and operating records. ................................................... 1449
§63-2903. Lien against property - Foreclosure - Repayment of loan. ...................................................... 1451
§63-2904. Consumer education programs. ............................................................................................. 1451
§63-3001. Sale of pull-top or flip-top can prohibited - Definitions. ......................................................... 1451
§63-3001.1. Renumbered as § 2-11-502 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 1452
§63-3001.2. Renumbered as § 2-11-503 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993. ..... 1452
§63-3080.1. Short title. ............................................................................................................................ 1452
§63-3080.2. Definitions. ........................................................................................................................... 1452
§63-3080.3. Presumption of hydration and nutrition sufficient to sustain life. ...................................... 1453
§63-3080.4. Presumption of nutrition and hydration, when inapplicable. ............................................. 1453
§63-3080.5. Withdrawing treatment or care. .......................................................................................... 1454
§63-3090.1. Short title - Nondiscrimination in Treatment Act. ............................................................... 1454
§63-3090.2. Definitions. ........................................................................................................................... 1454
§63-3090.3. Nondiscrimination in treatment. ......................................................................................... 1455
§63-3090.4. Injunctive relief. ................................................................................................................... 1455
§63-3091.1. Short title - Right to Try Act. ................................................................................................ 1456
§63-3091.2. Definitions. ........................................................................................................................... 1456
§63-3091.3. Manufacturers' rights – Insurance coverage – Liability of patients' heirs. .......................... 1457
§63-3091.4. Actions against health care provider's license or Medicare certification prohibited. ......... 1458
§63-3091.5. Patient access – Counseling, advice or recommendations. ................................................. 1458
§63-3091.6. Immunity against private causes of action. ......................................................................... 1459
§63-3091.7. Clinical trials. ........................................................................................................................ 1459
§63-3101. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992. ........................................................ 1459
§63-3101.1. Short title. ............................................................................................................................ 1459
§63-3101.2. Purpose - Protection for proxies and health care providers - Certain acts not condoned,
authorized or approved. ........................................................................................................................ 1459
§63-3101.3. Definitions. ........................................................................................................................... 1460
§63-3101.4. Advance directive - Execution - Specific nutrition/hydration provision - Form - Inclusion
in declarant's medical records - Authority of proxy - Designation based on religious beliefs or
tenets. .................................................................................................................................................... 1461
§63-3101.5. Advance directive - When and which become operative. ................................................... 1467
§63-3101.6. Advance directive - Revocation. .......................................................................................... 1467
§63-3101.7. Qualified patient - Determination - Record. ........................................................................ 1467
§63-3101.8. Patient's right to make decisions regarding life-sustaining treatment - Patient's comfort
and alleviation of pain - Pregnant patient. ............................................................................................ 1467
§63-3101.9. Physician or health care provider unwilling to comply with act. ......................................... 1468
§63-3101.10. Civil and criminal liability and disciplinary actions. ............................................................ 1468
§63-3101.11. Acts constituting unprofessional conduct - Acts constituting felonies - Sanctions. .......... 1469
§63-3101.12. Interpretation, construction and application of act. ......................................................... 1470
§63-3101.13. Presumption of validity of advance directive. ................................................................... 1471
§63-3101.14. Directives executed out-of-state. ...................................................................................... 1471
§63-3101.15. Directives executed prior to change in law. ...................................................................... 1471
§63-3101.16. Treatment decisions to be based on known intentions, personal views and best
interests of declarant. ............................................................................................................................ 1472
Oklahoma Statutes - Title 63. Public Health and Safety Page 51
§63-3102. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992. ........................................................ 1472
§63-3102.1. Advance directives registry database. ................................................................................. 1472
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. ................................ 1473
§63-3102.2. Advance directive forms database. ..................................................................................... 1473
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. ............................................................. 1473
§63-3102.3. Patient disclosure relating to advanced directives forms and registry. ............................... 1474
§63-3102.4. Classes and priorities for persons authorized to make health care decisions for those
incapable of communicating. ................................................................................................................. 1474
§63-3102.5. Persons not authorized to make health care decisions. ...................................................... 1476
§63-3102A. Experimental treatments, tests or drugs - Persons eligible to give consent. ....................... 1476
§63-3103. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992. ........................................................ 1478
§63-3103.1. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992. ..................................................... 1478
§63-3104. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992. ........................................................ 1478
§63-3105. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992. ........................................................ 1478
§63-3105.1. Short title - Physician Orders for Life-Sustaining Treatment Act. ........................................ 1478
§63-3105.2. Definitions. ........................................................................................................................... 1478
§63-3105.3. Orders for life-sustaining treatment – Standardized form – Noncompliant forms. ............ 1478
§63-3105.4. Format and content of form. ............................................................................................... 1480
§63-3105.5. Physician not subject to liability or discipline – Liability for falsification of form –
Temporary court orders. ........................................................................................................................ 1485
§63-3106. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992. ........................................................ 1486
§63-3107. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992. ........................................................ 1486
§63-3108. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992. ........................................................ 1486
§63-3109. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992. ........................................................ 1486
§63-3110. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992. ........................................................ 1486
§63-3111. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992. ........................................................ 1486
§63-3111.1. Short title - Oklahoma Health Care Agent Act. .................................................................... 1486
§63-3111.2. Definitions. ........................................................................................................................... 1486
§63-3111.3. Execution for power of attorney for health care – Authority of agent. ............................... 1488
§63-3111.4. Revocation. .......................................................................................................................... 1489
§63-3111.5. Health Care Power of Attorney form. .................................................................................. 1489
§63-3111.6. Health care providers. ......................................................................................................... 1492
§63-3111.7. Rights of persons authorized to make health care decisions. ............................................. 1494
§63-3111.8. Immunity. ............................................................................................................................. 1494
§63-3111.9. Capacity presumption. ......................................................................................................... 1494
§63-3111.10. Copies. ............................................................................................................................... 1494
§63-3111.11. Construction and application. ............................................................................................ 1494
§63-3111.12. Petition for equitable relief. .............................................................................................. 1495
§63-3111.13. Retroactive effect. ............................................................................................................. 1495
§63-3112. Definitions. .............................................................................................................................. 1495
§63-3113. Designation of lay caregivers by hospital patients. ................................................................ 1496
§63-3114. Notification by hospital to lay caregiver. ................................................................................ 1497
§63-3115. Consultation with lay caregiver by hospital - Discharge plan. ................................................ 1497
§63-3116. Construction of act. ................................................................................................................ 1497
§63-3117. Impact on state or federal program funding. ......................................................................... 1497
§63-3118. Verification of compliance. ..................................................................................................... 1497
§63-3121. Short title. ............................................................................................................................... 1498
§63-3122. Declaration of death. .............................................................................................................. 1498
§63-3123. Application and construction. ................................................................................................. 1498
Oklahoma Statutes - Title 63. Public Health and Safety Page 52
§63-3129. Short title – Lily's Law - Written policy for disposition of remains of a child. ......................... 1498
§63-3131.1. Short title. ............................................................................................................................ 1499
§63-3131.2. Legislative intent. ................................................................................................................. 1499
§63-3131.3. Definitions. ........................................................................................................................... 1500
§63-3131.4. Health care presumption and exceptions - Health care agencies not required to provide
certain treatment, facilities or services. ................................................................................................ 1501
§63-3131.5. Consent form. ...................................................................................................................... 1503
§63-3131.6. Compliance required. .......................................................................................................... 1505
§63-3131.7. Revocation of consent. ........................................................................................................ 1505
§63-3131.8. Protection from criminal prosecution, civil liability and professional discipline. ................ 1506
§63-3131.9. Certain conditions for insurance prohibited. ....................................................................... 1507
§63-3131.10. Consent or order to accompany person. ........................................................................... 1507
§63-3131.11. Effect of act. ....................................................................................................................... 1507
§63-3131.12. Duties of the Department of Human Services. .................................................................. 1508
§63-3131.13. Construction of act. ........................................................................................................... 1509
§63-3131.14. Application of act. .............................................................................................................. 1509
§63-3141.1. Short title - Legislative intent. .............................................................................................. 1509
§63-3141.2. Definitions. ........................................................................................................................... 1509
§63-3141.3. Violations. ............................................................................................................................ 1509
§63-3141.4. Acts not constituting violations. .......................................................................................... 1510
§63-3141.5. Injunctions - Persons who may bring. .................................................................................. 1510
§63-3141.6. Actions for damages - Persons who may bring. ................................................................... 1510
§63-3141.7. Attorney fees. ...................................................................................................................... 1511
§63-3141.8. Revocation or suspension of license or certificate. ............................................................. 1511
§63-3151. Suicide data collection system – Confidentiality of data - Penalties. ..................................... 1511
§63-3160. Short title - Medical Treatment Laws Information Act. .......................................................... 1512
§63-3161. Definitions. .............................................................................................................................. 1512
§63-3162. Brochure and online presentation of rights and responsibilities for health care providers –
Certification requirements. .................................................................................................................... 1513
§63-3163. Disclosure statement for patients and patients' families. ...................................................... 1515
§63-3201. Short title. ............................................................................................................................... 1515
§63-3202. Definitions. .............................................................................................................................. 1516
§63-3203. Purposes - Legislative findings - Continued subsidized indigent health care - Powers of
Board of Regents of University of Oklahoma. ........................................................................................ 1516
§63-3204. University Hospitals - Transfer of jurisdiction, supervision, management and control. ......... 1518
§63-3205. University Hospitals - Certificate of Need - Operation and licensing - Service and receiving
payments - Teaching and training. ......................................................................................................... 1520
§63-3206. Children's Hospital - General hospital and service institution for certain persons. ................ 1521
§63-3207. University Hospitals Authority - Creation - Powers and authority - Status - Membership -
Terms of office - Qualifications - Removal of member - Vacancies - Compensation and expenses -
Quorum - Other laws. ............................................................................................................................ 1521
§63-3208. University Hospitals Authority - Powers and duties. .............................................................. 1523
§63-3209. Determination of criteria and standards for medicaid recipients and indigents - Medicaid
eligibility office staff. .............................................................................................................................. 1525
§63-3210. University Hospitals - Authority - Agreements and undertakings. ......................................... 1525
§63-3211. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019. ......................................................... 1526
§63-3212. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019. ......................................................... 1526
§63-3213. Employees of University Hospitals Authority - Retirement systems. ..................................... 1526
§63-3213.1. Repealed by Laws 1997, c. 287, § 19, eff. July 1, 1997. ....................................................... 1526
§63-3213.2. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019. ...................................................... 1526
§63-3214. Investments of funds - University Hospitals Authority Agency Special Account - Blanket
bond coverage. ...................................................................................................................................... 1526
Oklahoma Statutes - Title 63. Public Health and Safety Page 53
§63-3215. Issuance of bonds - Resolution - Amount - Principal and interest - Credit enhancement -
Form - Execution - Denominations - Place of payment - Signatures - Qualities and incidences -
Manner of sale - Fees and expenses - Interim receipts or temporary bonds - Replacement bonds -
Consent of issue - Refunding bonds. ...................................................................................................... 1527
§63-3216. Issuance of bonds - Approval of Attorney General. ................................................................ 1528
§63-3217. Issuance of bonds - Approval of Supreme Court. ................................................................... 1529
§63-3218. Bonds not to be debt of state or political subdivision - Statement on bonds - Tax
exemption. ............................................................................................................................................. 1529
§63-3219. Investment in bonds issued pursuant to this act - Use as collateral security. ........................ 1530
§63-3220. University Hospitals Authority - Annual report to Governor and Legislature......................... 1530
§63-3221. University Hospitals Authority Disbursing Fund. .................................................................... 1531
§63-3221.1. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019. ...................................................... 1531
§63-3222. Traffic and parking regulations on University Hospitals Authority property - Violations -
Campus police officers and guards - Cooperative agreements. ............................................................ 1531
§63-3223. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019. ......................................................... 1532
§63-3224. University Hospitals Trust. ...................................................................................................... 1532
§63-3225. Submission of certain contractual agreements to Contingency Review Board - Declaratory
judgment of Supreme Court of Oklahoma. ............................................................................................ 1535
§63-3226. Leases from University Hospitals Authority to University Hospitals Trust. ............................ 1537
§63-3227. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019. ......................................................... 1538
§63-3227.1. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019. ...................................................... 1538
§63-3228. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019. ......................................................... 1538
§63-3229. Report of total value of sales tax exemption – Additional reporting requirements. .............. 1538
§63-3240.1. Short title. ............................................................................................................................ 1539
§63-3240.2. Definitions. ........................................................................................................................... 1539
§63-3240.3. Community Hospitals Authority - Purpose, establishment and duties - Indigent care
services - Appropriation - Reimbursement. ........................................................................................... 1540
§63-3240.4. Licensure of hospitals – Services and payment – Teaching and training hospitals. ............ 1540
§63-3240.5. Composition of agency – Terms – Reimbursement - Quorum. ........................................... 1541
§63-3240.6. Powers and duties. .............................................................................................................. 1542
§63-3240.7. Annual report. ...................................................................................................................... 1543
§63-3240.8. Community Hospitals Authority Revolving Fund. ................................................................ 1544
§63-3241.1. Supplemental Hospital Offset Payment Program Act. ......................................................... 1544
§63-3241.2. Definitions. ........................................................................................................................... 1544
§63-3241.3. Hospital assessment - Exceptions - Fees - Promulgation of rules. ....................................... 1546
§63-3241.4. Supplemental Hospital Offset Payment Program Fund. ...................................................... 1550
§63-3241.5. Supplemental hospital offset payment program. ................................................................ 1558
§63-3241.6. Implementation of Supplemental Hospital Offset Payment Program Act. .......................... 1558
§63-3241.11. Non-state government-owned nursing facilities and hospitals defined. ........................... 1559
§63-3242. Supplemental Medicaid reimbursement for ground emergency transportation. .................. 1559
§63-3242.1. Short title - Ambulance Service Provider Access Payment Program Act. ............................ 1561
§63-3242.2. Definitions. ........................................................................................................................... 1561
§63-3242.3. Access payment program fee. ............................................................................................. 1563
§63-3242.4. Ambulance Service Provider Access Payment Program Fund. ............................................ 1565
§63-3242.5. Supplement to appropriation – Authorization for matching funds. .................................... 1568
§63-3242.6. State plan amendment to implement requirements. .......................................................... 1569
§63-3250.1. Short title. ............................................................................................................................ 1569
§63-3250.2. Definitions. ........................................................................................................................... 1569
§63-3250.3. Purpose – Creation of public trust – Instrument – Condition precedent – Filing -
Amendment. .......................................................................................................................................... 1570
§63-3250.4. Hospitals within hospital district – License, accreditation, and certification requirements
– Participation in federal medical programs. ......................................................................................... 1572
§63-3250.5. Members and officers of community hospital public trust authority – Residency – Bond. 1572
Oklahoma Statutes - Title 63. Public Health and Safety Page 54
§63-3250.6. Authority, powers, and duties of community hospital public trust authority – Conflict of
interest – Compliance with statutes – Audits – Issuance of bonds........................................................ 1573
§63-3250.7. Reports. ................................................................................................................................ 1577
§63-3250.8. Medicaid Payment Reimbursement Fund. .......................................................................... 1577
§63-3250.9. Waivers authorizing Medicaid supplements. ...................................................................... 1578
§63-3271. Short title. ............................................................................................................................... 1578
§63-3272. Definitions. .............................................................................................................................. 1578
§63-3273. Purposes - Legislative findings. ............................................................................................... 1579
§63-3274. Hospitals - Operation, licensing, accreditation, and certification - Teaching and training. .... 1579
§63-3275. Oklahoma State University Medical Authority - Members - Qualifications, appointment,
and removal - Applicable statutes. ........................................................................................................ 1580
§63-3276. Oklahoma State University Medical Authority - Powers and duties - Applicable statutes. .... 1582
§63-3277. Medicaid eligibility criteria - Determination. .......................................................................... 1584
§63-3278. Agreements and contracts — Authority — Purpose. ............................................................. 1584
§63-3278.1. Oklahoma State University Medical Authority Behavioral Health Workforce
Development Fund — University Hospitals Authority Behavioral Health Workforce Development
Fund. ...................................................................................................................................................... 1585
§63-3279. Oklahoma State University Medical Authority Agency Special Account - Official Depository
Account - Bond coverage. ...................................................................................................................... 1586
§63-3280. Issuance of bonds - Procedure - Characteristics - Approvals. ................................................. 1587
§63-3281. Issuance of bonds - Approval of Attorney General. ................................................................ 1588
§63-3282. Issuance of bonds - Approval of Supreme Court. ................................................................... 1589
§63-3283. Revenue bonds not debt of state or political subdivision - Statement on bonds - Tax
exempt. .................................................................................................................................................. 1589
§63-3284. Bonds - Investment securities - Collateral security. ................................................................ 1590
§63-3285. Annual report to Governor and Legislature. ........................................................................... 1590
§63-3286. Oklahoma State University Medical Authority Disbursing Fund. ............................................ 1590
§63-3287. Repealed by Laws 2023, c. 334, § 4, eff. Nov. 1, 2023. ........................................................... 1591
§63-3288. Regulation of traffic and parking on Oklahoma State University Medical Authority
property - Appointment of campus police officers and guards. ............................................................ 1591
§63-3289. Resident physicians of Oklahoma State University Center for Health Sciences - Payroll,
benefits and employment status - Termination of privileges. ............................................................... 1591
§63-3290. Oklahoma State University Medical Trust. ............................................................................. 1592
§63-3291. Submission of certain agreements to Contingency Review Board - Declaratory judgment
of validity by Supreme Court of Oklahoma. ........................................................................................... 1595
§63-3292. Leases from Oklahoma State University Medical Authority to Oklahoma State University
Medical Trust - Transfers of title - Other agreements. .......................................................................... 1596
§63-3293. Oklahoma State University Medical Trust Revolving Fund. .................................................... 1597
§63-3294. Emergency Medicine Revolving Fund. .................................................................................... 1597
§63-3301. Joint Legislative Commission to Study and Evaluate the Operations of the Oklahoma State
University Center for Health Sciences and the Indigent Health Care System in the Tulsa
Metropolitan Service Area - Membership - Duties and responsibilities. ............................................... 1598
§63-3310. Public trust hospitals — Joint ventures — Exemption from Oklahoma Open Meeting Act
and Oklahoma Open Records Act. ......................................................................................................... 1600
§63-3401. Short title — Lori Brand Patient Bill of Rights Act of 2025. ..................................................... 1600
§63-3401.1. Patients' rights. .................................................................................................................... 1600
§63-4001. Short title. ............................................................................................................................... 1605
§63-4002. Definitions. .............................................................................................................................. 1605
§63-4003. Title and annual registration required - Vessels affected - Outboard motors affected -
Sellers, traders and lessors required to be licensed. ............................................................................. 1609
§63-4003A. Electronic filing, storage, and delivery of boat and motor certificates of title. .................... 1610
Oklahoma Statutes - Title 63. Public Health and Safety Page 55
§63-4004. Administration of act - Promulgation of rules and preparation of forms and records -
Jurisdiction to enforce act and rules - Determination of factory-delivered price - Manual of
procedure - Rules to comply with certain other laws. ........................................................................... 1610
§63-4005. Exemptions. ............................................................................................................................ 1611
§63-4006. Utilization of licensed operators. ............................................................................................ 1612
§63-4007. Confidentiality of title and registration information - Penalties - Copies of certificate of
title or registration. ................................................................................................................................ 1612
§63-4008. Application for certificate of title - Transmittal - Issuance - Confirmation. ............................ 1613
§63-4009. Application for certificate of title or registration - Contents - Manufacturer's certificate of
origin - Identification number - Homemade vessels - Lien entry form for certain vessels - Delivery of
certificate. .............................................................................................................................................. 1614
§63-4009.1. Serial numbers for outboard motors – Rules - Penalties. .................................................... 1616
§63-4010. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993. .......................................................... 1617
§63-4011. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993. .......................................................... 1617
§63-4012. Sale or transfer of ownership - Assignment of certificate - Presentment of assigned
certificate - Delivery of certificate - Filing and indexing - Passage of ownership by operation of law -
Homemade vessels - Bills of sale - Duplicate certificates. ..................................................................... 1617
§63-4012.1. TOD title transfer. ................................................................................................................ 1618
§63-4013. Perfection of security interest - Applicability of Title 12A - Surrender of certificate or
application to secured party - Delivery to Commission - Satisfaction and release - Penalty - New
certificate - Security interests perfected prior to effective date of act. ................................................ 1619
§63-4014. Fees. ........................................................................................................................................ 1622
§63-4015. Application required - Time - Contents. .................................................................................. 1622
§63-4016. Application for registration of vessel - Contents - Issuance of certificate and assignment of
permanent number - Availability and inspection of certificate and bill of sale. .................................... 1623
§63-4017. Application for registration of motor - Contents - Issuance of certificate - Availability and
inspection of certificate and bill of sale. ................................................................................................ 1624
§63-4018. Members of armed forces or spouses - Registration requirements. ...................................... 1624
§63-4019. Registration fees - Due date - Delinquency - Registration dates - Proportional fees. ............ 1625
§63-4020. Notice of registration requirements. ...................................................................................... 1626
§63-4021. Fees - Exemptions - Credits - Duplicate certificates. ............................................................... 1627
§63-4022. Application to Service Oklahoma or licensed operator - Copies - Fees. ................................. 1631
§63-4023. Purpose of fees - Payment in lieu of ad valorem taxes. .......................................................... 1632
§63-4024. Late registration - Failure or refusal to file application - Penalties. ........................................ 1632
§63-4025. Payment of fees and taxes by check - Nonpayment of check - Cancellation of title and
registration - Credit of motor license agent's account - Collection - Penalties. ..................................... 1633
§63-4026. Repossession by mortgagee - Liability for delinquent registration. ....................................... 1633
§63-4027. Lien of title and registration fees and penalties - Priority - Seizure - Costs of taking into
custody and storage - Foreclosure. ........................................................................................................ 1634
§63-4028. Apportionment of fees, taxes and penalties. ......................................................................... 1634
§63-4029. Refusal, revocation or cancellation of certificate of title or registration. ............................... 1635
§63-4030. Permanent number system for vessels. ................................................................................. 1635
§63-4031. Boat liveries - Records - Safety equipment - Compliance with act. ........................................ 1637
§63-4032. Violations - Punishments. ....................................................................................................... 1638
§63-4033. Dealers license required - Multiple locations - Bona fide dealer status - Applications -
Report of transfer of ownership - Posting license - Authority granted by license - Compliance with
act. ......................................................................................................................................................... 1639
§63-4034. Fees. ........................................................................................................................................ 1642
§63-4035. Demonstration permits - Record of purchases and sales. ...................................................... 1643
§63-4035.1. Manufacturer's testing permits - Display - Fee. ................................................................... 1643
§63-4036. Used vessels or motors - Expiration of registration - Use of demonstration permit -
Purchase or transfer of ownership of out-of-state used vessel or motor - Application for certificate
of title - Sale or transfer of ownership - Tax stamp - Registration by purchaser. .................................. 1644
Oklahoma Statutes - Title 63. Public Health and Safety Page 56
§63-4037. Dealer agreements - Restrictions............................................................................................ 1644
§63-4037.1. Relocating existing dealership within or into relevant market area where same product
line is represented. ................................................................................................................................ 1645
§63-4037.2. Good cause for not relocating additional dealership for same product line -
Circumstances considered. .................................................................................................................... 1646
§63-4038. Designated successor of deceased or incapacitated new vessel dealer - Continuation of
existing dealer agreement - Refusal to honor succession - Notice. ....................................................... 1646
§63-4039. Termination of dealer agreement - Continued sale of parts. ................................................. 1647
§63-4039.1. Commercial vessel dealer - Docking of vessels for sale. ...................................................... 1647
§63-4040. Brokers prohibited - Exception. .............................................................................................. 1647
§63-4041. Violations - Denial, revocation or suspension of license - Fine. .............................................. 1648
§63-4042. Denial, suspension or revocation of license - Hearing - Notice - Production of documents -
Subpoena - Witnesses. ........................................................................................................................... 1649
§63-4043. Injunction - Parties. ................................................................................................................. 1650
§63-4044. Permits for displays and sales of new vessels or motors held off premises of licensed
dealer. .................................................................................................................................................... 1650
§63-4101. Short title - Definitions. ........................................................................................................... 1651
§63-4102. Authority and jurisdiction to administer. ................................................................................ 1652
§63-4103. Excise tax - Amount - When due - Delinquency - Failure or refusal to pay - Penalty -
Exceptions - Credits. ............................................................................................................................... 1652
§63-4104. Apportionment and distribution of revenue. ......................................................................... 1653
§63-4105. Value of vessel or motor - Time, method of determination - Disputed value. ....................... 1653
§63-4106. Exemptions. ............................................................................................................................ 1654
§63-4107. Tax in lieu of all other taxes - Sales tax on unattached accessories. ...................................... 1655
§63-4108. Failure or refusal to pay tax - Report to Commission - Seizure - Hearing - Sale. .................... 1656
§63-4200. Short title. ............................................................................................................................... 1656
§63-4201. Definitions. .............................................................................................................................. 1657
§63-4202. Administration and enforcement of act - Promulgation of rules - Forms. ............................. 1658
§63-4202.1. Operators of emergency vessels - Exercise of certain privileges. ........................................ 1658
§63-4203. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993. .......................................................... 1659
§63-4204. Administration and enforcement of Act upon waters under jurisdiction of Grand River
Dam Authority - Authority as motor license agent - Remission of fees. ................................................ 1659
§63-4205. Sanctioned water events - Administering entities - Safety rules - Permits - Filing of
notification of event - Holding event in unsafe manner or unsafe environmental conditions. ............. 1660
§63-4206. Use of personal flotation devices. .......................................................................................... 1660
§63-4207. Short title — Andy's Law — Lights and other equipment. ...................................................... 1661
§63-4208. Noise control equipment and noise levels.............................................................................. 1663
§63-4209. Unlawful possession of vessel or motor - Penalties. .............................................................. 1664
§63-4209.1. Knowingly receiving, possessing, selling or disposing of stolen or converted vessel or
motor - Penalties. ................................................................................................................................... 1664
§63-4209.2. See the following versions: .................................................................................................. 1664
§63-4209.2v1. Removing or falsifying identification number of vessel or motor - Penalties. ................. 1664
§63-4209.2v2. Removing or falsifying identification number of vessel or motor - Penalties. ................. 1665
§63-4209.3. Making false statement in application for certificate of title or assignment thereof for
stolen vessel or motor - Penalties. ......................................................................................................... 1666
§63-4209.4. See the following versions: .................................................................................................. 1667
§63-4209.4v1. Altering or forging certificate of title or assignment thereof - Penalties. ........................ 1667
§63-4209.4v2. Altering or forging certificate of title or assignment thereof - Penalties. ........................ 1667
§63-4209.5. Injuring, tampering with or damaging vessel or motor or accessories, appurtenances or
attachments thereto - Climbing into or upon vessel with intent to commit crime. .............................. 1668
§63-4209.6. Falsely reporting theft or conversion of vessel or motor. ................................................... 1668
§63-4209.7. Additional unlawful acts - Penalties. .................................................................................... 1668
§63-4209.8. Inspections for purpose of locating stolen vessels and related equipment. ....................... 1669
Oklahoma Statutes - Title 63. Public Health and Safety Page 57
§63-4210. Operation of certain devices or vessels – Prohibited acts – Yielding to emergency vessels -
Penalties. ................................................................................................................................................ 1669
§63-4210.1. Negligent homicide - Penalties. ........................................................................................... 1670
§63-4210.2. Eluding or attempting eluding peace officer - Assisting peace officer - Arrests. ................. 1670
§63-4210.3. Transporting weapon in or discharging weapon from vessel - Exceptions - Penalties. ....... 1671
§63-4210.4. Care and prudent speed to be used in operation of vessel - Operation in wake zone -
Parking, mooring or beaching in a swimming area - Violation. ............................................................. 1671
§63-4210.5. Removing, tampering, or interfering with or attaching vessel to waterway marker,
navigational aid or buoy. ........................................................................................................................ 1671
§63-4210.6. Sitting and standing in vessel while under way. .................................................................. 1672
§63-4210.7. Occupying front or back deck of vessel while under way. ................................................... 1672
§63-4210.8. Operation or control of vessel under influence of alcohol or other intoxicating
substance. .............................................................................................................................................. 1672
§63-4210.9. Implied consent to administer drug or alcohol test. ........................................................... 1673
§63-4210.10. Qualified persons to withdraw blood. ............................................................................... 1676
§63-4210.11. Refusal to submit to drug or alcohol testing - Exceptions. ................................................ 1679
§63-4210.12. Laboratory report - Evidence. ............................................................................................ 1680
§63-4210.13. Criminal trials - Use of alcohol or drug tests as evidence. ................................................. 1680
§63-4210.14. Use of other competent evidence. .................................................................................... 1681
§4210A. Renumbered as § 4210.8 of this title by Laws 2003, c. 393, § 9, emerg. eff. June 4, 2003. ...... 1681
§63-4211. Diving or submerging in body of water - Use of buoys - Operating vessel in diving area. ..... 1681
§63-4211.1. Inner tubes, air mattresses or floating chairs - Distance from shore restricted. ................. 1682
§63-4212. Towing person or persons using parasails, water skis or similar devices - Time restrictions
- Professional exhibitions excepted - Colliding with or striking object or person - Operation of
personal watercraft. ............................................................................................................................... 1682
§63-4213. Placing or disposing of marine sewage in state waters prohibited - Use of total retention
marine toilets required. ......................................................................................................................... 1684
§63-4214. Collision, accident, or other casualty - Rendering of assistance by vessel operator - Notice
- Accident report - Notice to appear - Written report – Drug and alcohol test. .................................... 1684
§63-4215. Negligent operation - Liability. ............................................................................................... 1686
§63-4216. Actions against nonresident owners or operators - Service of notice - Venue. ..................... 1687
§63-4217. Abandonment of vessel - Removal. ........................................................................................ 1687
§63-4217.1. Abandoned vessels – Notice of removal. ............................................................................. 1688
§63-4217.2. Abandoned vessels – Contest of removal or storage – Hearing. ......................................... 1689
§63-4217.3. Abandoned vessels – Regaining possession. ....................................................................... 1690
§63-4217.4. Abandoned vessels – Lien – Foreclosure by sale – Notice – Application of proceeds. ........ 1690
§63-4218. Violations - Penalties. ............................................................................................................. 1691
§63-4219. Nighttime speed limit. ............................................................................................................ 1691
§63-4220. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993. .......................................................... 1692
§63-4220.1. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993. ....................................................... 1692
§63-4220.2. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993. ....................................................... 1692
§63-4220.3. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993. ....................................................... 1692
§63-4220.4. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993. ....................................................... 1692
§63-4221. Failure to comply with lawful order or directive of law enforcement officer. ....................... 1692
§63-4222. Repealed by Laws 2018, c. 27, § 62, eff. Nov. 1, 2018. ........................................................... 1692
§63-4230. Repealed by Laws 1997, c. 240, § 6, emerg. eff. May 23, 1997. ............................................. 1692
§63-4230.1. Repealed by Laws 2003, c. 459, § 12. .................................................................................. 1692
§63-4231. Short title. ............................................................................................................................... 1692
§63-4232. Definitions - Requirements for persons younger than sixteen to operate certain
motorized vessels, personal watercraft - Boating Safety Education Certificate. ................................... 1692
§63-4233. Exceptions to certification requirement. ................................................................................ 1694
§63-4234. Unlawful acts regarding certificates. ...................................................................................... 1694
§63-4235. Violation of certification requirement - Penalties. ................................................................. 1695
Oklahoma Statutes - Title 63. Public Health and Safety Page 58
§63-4236. Boating Safety Education Fund. .............................................................................................. 1695
§63-4251. Short title. ............................................................................................................................... 1696
§63-4252. Definitions. .............................................................................................................................. 1696
§63-4253. Crimes and penalties - Exceptions - Punishment for second and subsequent offenses -
Restitutions. ........................................................................................................................................... 1697
§63-4254. Seizure of property. ................................................................................................................ 1700
§63-4255. Forfeiture of property. ............................................................................................................ 1700
§63-4256. Civil proceedings. .................................................................................................................... 1705
§63-4257. Criminal proceedings. ............................................................................................................. 1706
§63-5000.24. Medicaid Buy-In Program. ................................................................................................. 1706
§63-5000.25. Results-based funding pilot project. .................................................................................. 1707
§63-5003. Legislative declaration - Purpose. ........................................................................................... 1707
§63-5004. Short title. ............................................................................................................................... 1708
§63-5005. Definitions. .............................................................................................................................. 1708
§63-5006. Oklahoma Health Care Authority - Creation - Powers and duties - Personnel. ...................... 1709
§63-5007. Oklahoma Health Care Authority Board. ................................................................................ 1710
§63-5007.1. Oklahoma Medicaid Accountability and Outcomes Act. ..................................................... 1711
§63-5008. Administrator - Qualifications - Status - Powers and duties - Contract bidding process -
Advisory committees. ............................................................................................................................ 1711
§63-5009. Administration of Oklahoma Medicaid Program. ................................................................... 1712
§63-5009.1. Oklahoma Health Care Authority - Acceptance of federal grants - Appropriations in
advance. ................................................................................................................................................. 1713
§63-5009.2. Advisory Committee on Medical Care for Public Assistance Recipients. ............................. 1714
§63-5009.3. Repealed by Laws 2001, c. 277, § 14, eff. July 1, 2001. ....................................................... 1715
§63-5009.4. Advisory Task Force on SoonerCare – Duties. ..................................................................... 1715
§63-5009.5. Repealed by Laws 2022, c. 395, § 27, eff. July 1, 2022. ....................................................... 1716
§63-5009.6. Diabetes self-management training report. ........................................................................ 1716
§63-5009.7. Food is Medicine programs – Federal approval – Covered services. ................................... 1716
§63-5010. Analysis of state health care programs - Exploration of cost containment and delivery
alternatives. ........................................................................................................................................... 1717
§63-5011. Repealed by Laws 2022, c. 395, § 27, eff. July 1, 2022. .......................................................... 1718
§63-5011.1. State-purchased health care benefits – Optometrists to be permitted to provide vision
care or medical diagnosis and treatment of the eye. ............................................................................ 1718
§63-5012. Submission of plans, proposals and recommendations to Legislature - Contents. ................ 1719
§63-5013. Authority as resource for information on state health care access, cost containment and
related health issues. ............................................................................................................................. 1719
§63-5013.1. Persons providing Medicaid home- and community-based personal care services
pursuant to contract with Authority. ..................................................................................................... 1720
§63-5013.2. Program to recognize family caregivers — Providing services to Medicaid members
through a licensed home care agency — Requirements. ...................................................................... 1720
§63-5014. Repealed by Laws 2004, c. 378, § 5, emerg. eff. June 3, 2004. ............................................... 1722
§63-5015. Review of state-purchased and state-subsidized health care programs and regulatory
agencies - Report to Legislature. ............................................................................................................ 1722
§63-5015.1. Legal division or unit. ........................................................................................................... 1722
§63-5016. Oklahoma Health Care Authority Revolving Fund. ................................................................. 1723
§63-5017. Oklahoma Health Care Authority Federal Disallowance Fund. ............................................... 1723
§63-5018. Confidentiality of Medicaid applications and records - Disclosure to authorized
representative. ....................................................................................................................................... 1724
§63-5018.1. Concurrent applications by active duty military members. ................................................. 1725
If a person who is on active duty with the United States Armed Forces makes an application to the
Oklahoma Health Care Authority to receive any type of benefits, either for himself or herself or for
an immediate family member, and the person has previously made the same or a substantially
similar application in another state which was pending at the time the person became a resident of
Oklahoma Statutes - Title 63. Public Health and Safety Page 59
this state, the Authority shall consider the application as if it had been made in this state at the
time it was originally made in the other state. ...................................................................................... 1725
§63-5019. Repealed by Laws 2004, c. 378, § 5, emerg. eff. June 3, 2004. ............................................... 1725
§63-5020. Oklahoma Health Care Authority Medicaid Program Fund. ................................................... 1725
§63-5020A. Rate Preservation Fund. ....................................................................................................... 1726
§63-5021. Repealed by Laws 2004, c. 378, § 5, emerg. eff. June 3, 2004. ............................................... 1726
§63-5022. Repealed by Laws 2017, c. 324, § 3, emerg. eff. July 1, 2017. ................................................ 1726
§63-5022.1. Repealed by Laws 2017, c. 324, § 3, emerg. eff. July 1, 2017. ............................................. 1726
§63-5022.2. Nursing facilities liability insurance costs – Medicaid reimbursement. ............................... 1727
§63-5023. Adjustment of per diem rate – Medicaid savings. .................................................................. 1727
§63-5024. Incorporated physician providers – Income deferral programs. ............................................ 1727
§63-5025. Reimbursement methodology - Established. .......................................................................... 1728
§63-5026. Medicaid prescription drug program – Definition of phenylketonuria. ................................. 1728
§63-5026.1. Annual review of all medications and forms of treatment for sickle cell disease. .............. 1728
§63-5027. Health care district. ................................................................................................................. 1729
§63-5028. Repealed by Laws 2022, c. 395, § 27, eff. July 1, 2022. .......................................................... 1730
§63-5028.1. Request for information for care coordination models for newborns through children 18
years of age. ........................................................................................................................................... 1731
§63-5029. Mailing information to victims of domestic violence. ............................................................ 1731
A. The Oklahoma Health Care Authority shall coordinate with domestic violence sexual assault
programs certified by the Office of the Attorney General who provide counseling services for
victims of domestic violence to ensure that any information relating to billing or explanation of
benefits (EOB) provided, maintained, monitored or otherwise handled by the Authority or any
other state agency including, but not limited to, services rendered by such facilities, is not sent by
paper mail to the actual physical address of persons receiving such services. ..................................... 1731
§63-5029.1. Medicaid reimbursement for accredited birthing centers. ................................................. 1732
§63-5030.1. Medicaid Drug Utilization Review Board. ............................................................................ 1732
§63-5030.2. Definitions. ........................................................................................................................... 1733
§63-5030.3. Powers and duties of board. ................................................................................................ 1734
§63-5030.4. Drug utilization review program. ......................................................................................... 1735
§63-5030.4A. Disease state management programs – Feasibility study. ................................................ 1737
§63-5030.5. Drug prior authorization program - Conditions. .................................................................. 1738
§63-5031. Nonopioid drugs not to be disadvantaged or discouraged. ................................................... 1741
§63-5051.1. Recovery from tortfeasors of amounts paid for medical expenses of injured and
diseased persons - Liens or other legal action. ...................................................................................... 1741
§63-5051.2. Right to reimbursement for medical services - Assignment to Oklahoma Health Care
Authority. ............................................................................................................................................... 1744
§63-5051.3. Medical assistance - Homestead lien. .................................................................................. 1745
§63-5051.4. Coverage under Medicaid Program Reform Act of 2003 - Enrollment fee and/or
premium. ................................................................................................................................................ 1748
§63-5051.5. Data files comparisons - File systems maintained by insurers - Exchange of information
with Authority. ....................................................................................................................................... 1748
§63-5052. Opportunity for hearing before Authority - Record - Review by Administrator - Judicial
review. ................................................................................................................................................... 1750
§63-5053. Short title. ............................................................................................................................... 1751
§63-5053.1. Definitions - Civil penalty for false or fraudulent claims. ..................................................... 1751
§63-5053.2. Civil actions by Attorney General or individual persons authorized - Complaint
procedure. .............................................................................................................................................. 1753
§63-5053.3. Actions brought by individuals - Participation by state - Procedure. .................................. 1754
§63-5053.4. Actions brought by individuals - Share of proceeds of actions or settlement - Award of
expenses, fees, and costs. ...................................................................................................................... 1755
§63-5053.5. Prohibition of certain individual actions - Dismissal - Liability for expenses or fees -
Relief following adverse acts - Statute of limitations............................................................................. 1757
Oklahoma Statutes - Title 63. Public Health and Safety Page 60
§63-5053.6. Service of subpoena - Limitation of actions - Burden of proof - Res judicata. ..................... 1758
§63-5053.7. Jurisdiction. .......................................................................................................................... 1759
§63-5054. State Medicaid program - Administrative sanctions. ............................................................. 1759
§63-5060. State Medicaid program not to contract with out-of-state providers. ................................... 1759
§63-5061.1. I/T/U Shared Savings Program. ............................................................................................ 1760
§63-5061.2. I/T/U Shared Savings Revolving Fund. ................................................................................. 1761
§63-5071. Medicaid provider enrollment and credentialing process. ..................................................... 1762
§63-6101. Short title. ............................................................................................................................... 1762
§63-6102. Legislative findings. ................................................................................................................. 1763
§63-6103. Purposes. ................................................................................................................................ 1763
§63-6104. Definitions. .............................................................................................................................. 1764
§63-6105. Repealed by Laws 2023, c. 207, § 2, eff. Nov. 1, 2023. ........................................................... 1767
§63-6301. Reports required from health care providers, coroners, medical examiners, or
pharmacists. ........................................................................................................................................... 1767
§63-6302. Investigations – Identification of exposed individuals – Closing, evacuation, or
decontamination of facilities – Decontamination or destruction of materials – Enforcement
powers. .................................................................................................................................................. 1768
§63-6303. Reportable illnesses, health conditions, unusual clusters, or suspicious events – Duty to
notify public health authorities – Sharing of information. ..................................................................... 1769
§63-6401. Governor’s declaration. .......................................................................................................... 1769
§63-6402. Executive order. ...................................................................................................................... 1769
§63-6403. Activation of disaster response and recovery aspects of emergency plans – Powers of
Governor. ............................................................................................................................................... 1770
§63-6404. Enforcement of public health authority orders – Assistance from public safety authority. ... 1771
§63-6405. Termination of declaration of emergency by executive order – Special Session of State
Legislature. ............................................................................................................................................. 1771
§63-6406. Short title - COVID-19 Public Health Emergency Limited Liability Act – Purpose – Liability
limitations. ............................................................................................................................................. 1772
§63-6501. Safe disposal of contaminated waste – Powers of public health authority. ........................... 1773
§63-6502. Safe disposal of human remains – Powers of public health authority – Identification and
written record. ....................................................................................................................................... 1774
§63-6503. Pharmaceutical agents and medical supplies – Purchase and distribution by public health
authority - Regulation of use, sale, dispensing, distribution or transportation – Hoarding. ................. 1774
§63-6504. Civil proceedings relating to destruction of property. ............................................................ 1775
§63-6601. Prevention of utilization of nuclear, biological or chemical agents – Proper control and
treatment of transmissible diseases – Duty of public health authority. ................................................ 1776
§63-6602. Repealed by Laws 2009, c. 78, § 14, eff. Nov. 1, 2009, and by Laws 2013, 1st Ex. Sess., c. 3,
§ 2, emerg. eff. Sept. 10, 2013. .............................................................................................................. 1776
§63-6701. Provision of information to general public. ............................................................................ 1776
§63-6702. Provision of information about and referrals to mental health support personnel. .............. 1776
§63-6801. Enforcement of provisions of act – Rules – Fines and penalties – Orders and other
remedies. ............................................................................................................................................... 1776
§63-6802. Transfer of monies from state funds – Conditions. ................................................................ 1777
§63-6803. Preemption. ............................................................................................................................ 1777
§63-6804. Compliance with federal law and regulations – Conflict of laws – Predesignation of
hospitals. ................................................................................................................................................ 1778
§63-6900. Grant programs for administration of National Hospital Preparedness Program. ................. 1778
§63-7002. Sale, etc. of human or synthetic urine or of adulterants – Violation – Penalty. ..................... 1779
§63-7100.1. Short title. ............................................................................................................................ 1780
§63-7100.2. Legislative findings - Purpose. .............................................................................................. 1780
§63-7100.3. Definitions. ........................................................................................................................... 1780
§63-7100.4. Authorization form for exchange of health information - Instructions. .............................. 1781
§63-7100.5. Acceptance and use of form. ............................................................................................... 1781
Oklahoma Statutes - Title 63. Public Health and Safety Page 61
§63-7100.6. Immunity from liability. ....................................................................................................... 1781
§63-7100.7. Information exchange not a violation or waiver of privilege protected by law. ................. 1781
§63-7200.1. Short title. ............................................................................................................................ 1782
§63-7200.2. Legislative findings. .............................................................................................................. 1782
§63-7200.3. Definitions. ........................................................................................................................... 1782
§63-7200.4. Ordering and furnishing sleep diagnostic tests - Facility standards. ................................... 1783
§63-7200.5. Violations - Enforcement - Promulgation of rules. .............................................................. 1784
§63-7300. Interstate Health Care Compact. ............................................................................................ 1784
§63-7301. Diabetes prevention reporting. .............................................................................................. 1788
§63-7302. Tanning facilities - Age requirement - Posting requirement. .................................................. 1789
§63-7310. Health insurance plans – Step therapy protocol - Requirements. .......................................... 1790
§63-7320. Prohibiting step therapy requirements for certain drug to treat advanced metastatic
cancer and associated conditions. ......................................................................................................... 1792
§63-7321. Health benefit plans to allow coverage for drugs to treat ...................................................... 1793
§63-7330. Process to request exception to treatment step therapy protocol — Circumstances
requiring an exception. .......................................................................................................................... 1793
§63-1-101. Short title.
This act shall be known as the Oklahoma Public Health Code.
Laws 1963, c. 325, art. 1, § 101.
§63-1-102. Definitions of terms used in Code.
As used in this Code, unless the context requires otherwise:
(a) The term "Board" means the State Board of Health.
(b) The term "Department" means the State Department of Health.
(c) the term "Commissioner" means the State Commissioner of
Health.
(d) The term "local health officer" means the County
Superintendent of Health of a county, or the Medical Director of a
County Department of Health, District Department of Health or
Cooperative Department of Health.
(e) The term "person" means any individual, corporation,
company, firm, partnership, association, trust, state agency,
governmental instrumentality or agency, institution, county, city,
town or municipal authority or trust.
Laws 1963, c. 325, art. 1, § 102.
§63-1-103. State Board of Health created.
A. 1. There is hereby created the State Board of Health, which
shall be an advisory body to the State Commissioner of Health and
shall consist of nine (9) members appointed by the Governor and
confirmed by the Senate for regular terms of nine (9) years, except
as hereinafter otherwise indicated. Effective January 14, 2019, all
duties and powers of the Board shall be transferred to the
Commissioner. Any provision in statute that provides to the Board
authority that is not advisory in nature shall be deemed to grant
the duty or power to the Commissioner.
Oklahoma Statutes - Title 63. Public Health and Safety Page 62
2. Not less than four members shall hold a current license to
practice medicine in this state pursuant to the Oklahoma Allopathic
Medical and Surgical Licensure and Supervision Act and the Oklahoma
Osteopathic Medicine Act. At least one physician member shall be a
person licensed to practice medicine in this state by the State
Board of Osteopathic Examiners. Physician members licensed by the
State Board of Medical Licensure and Supervision shall be members of
the Oklahoma State Medical Association. One physician member shall
be a diplomate of the American Board of Psychiatry and Neurology or
be similarly qualified.
3. Not less than two members shall possess at least five (5)
years of executive leadership experience in a health-related
business or industry, and whose education and experience includes
but is not limited to fiduciary, legal, business planning, or
operational decision-making authority.
B. 1. The term of office of one member shall expire on June
30, 1964, and each nine (9) years thereafter, and such member shall
be a resident of one of the following counties and shall have been a
resident of one or more of such counties for not less than five (5)
years immediately preceding such member's appointment: Creek,
Lincoln, Okfuskee, Seminole, Pottawatomie, Pontotoc, Hughes,
Johnston, and Coal.
2. The term of office of one member shall expire on June 30,
1965, and each nine (9) years thereafter, and such member shall be a
resident of one of the following counties and shall have been a
resident of one or more of such counties for not less than five (5)
years immediately preceding such member's appointment: Blaine,
Kingfisher, Canadian, Caddo, Grady, Comanche, Stephens, Jefferson,
and Cotton.
3. The term of office of one member shall expire on June 30,
1966, and each nine (9) years thereafter, and such member shall be a
resident of one of the following counties and shall have been a
resident of one or more of such counties for not less than five (5)
years immediately preceding such member's appointment: Le Flore,
Latimer, Pittsburg, Atoka, Pushmataha, McCurtain, Choctaw, Bryan,
Marshall, Carter, and Love.
4. The term of office of one member shall expire on June 30,
1967, and each nine (9) years thereafter, and such member shall be a
resident of one of the following counties and shall have been a
resident of one or more of such counties for not less than five (5)
years immediately preceding such member's appointment: Cimarron,
Texas, Beaver, Harper, Woodward, Woods, Major, Alfalfa, Grant,
Garfield, Kay, and Noble.
5. The term of office of one member shall expire on June 30,
1968, and each nine (9) years thereafter, and such member shall be a
resident of one of the following counties and shall have been a
resident of one or more of such counties for not less than five (5)
Oklahoma Statutes - Title 63. Public Health and Safety Page 63
years immediately preceding such member's appointment: Adair,
Sequoyah, Cherokee, Wagoner, Muskogee, Haskell, McIntosh, and
Okmulgee.
6. The term of office of one member shall expire on June 30,
1969, and each nine (9) years thereafter, and such member shall be a
resident of one of the following counties and shall have been a
resident of one or more of such counties for not less than five (5)
years immediately preceding such member's appointment: Ottawa,
Delaware, Craig, Mayes, Nowata, Rogers, Washington, Tulsa, Pawnee,
and Osage.
7. The term of office of one member shall expire on June 30,
1970, and each nine (9) years thereafter, and such member shall be a
resident of one of the following counties and shall have been a
resident of one or more of such counties for not less than five (5)
years immediately preceding such member's appointment: Logan,
Oklahoma, Cleveland, McClain, Garvin, Murray, and Payne.
8. The term of office of one member shall expire on June 30,
1971, and each nine (9) years thereafter, and such member shall be a
resident of one of the following counties and shall have been a
resident of one or more of such counties for not less than five (5)
years immediately preceding such member's appointment: Ellis, Dewey,
Roger Mills, Custer, Beckham, Washita, Kiowa, Greer, Jackson,
Harmon, and Tillman.
9. The term of office of one member shall expire on June 30,
1972, and each nine (9) years thereafter, and such member shall be
appointed from the State of Oklahoma at large, and shall have been a
resident of the state for not less than five (5) years immediately
preceding such member's appointment.
Added by Laws 1963, c. 325, art. 1, § 103, operative July 1, 1963.
Amended by Laws 1987, c. 118, § 51, operative July 1, 1987; Laws
1997, c. 238, § 1, eff. Nov. 1, 1997; Laws 2002, c. 230, § 1, eff.
Nov. 1, 2002; Laws 2018, c. 12, § 1, eff. Nov. 1, 2018; Laws 2018,
c. 183, § 1, eff. Jan. 14, 2019.
§63-1-103a. Short title - Oklahoma Public Health Advisory Council
Modernization Act.
Section 44 of this act shall be known and may be cited as the
"Oklahoma Public Health Advisory Council Modernization Act".
Added by Laws 2013, c. 229, § 43, eff. Nov. 1, 2013.
§63-1-103a.1. Public Health Advisory Councils.
A. To assist and advise the State Commissioner of Health and
the State Department of Health, there are hereby created:
1. The Consumer Protection Licensing Advisory Council;
2. The Trauma and Emergency Response Advisory Council;
3. The Infant and Children’s Health Advisory Council;
4. The Advancement of Wellness Advisory Council; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 64
5. The Home Care, Hospice and Palliative Care Advisory Council.
B. 1. Except for the Home Care, Hospice and Palliative Care
Advisory Council and the Advancement of Wellness Advisory Council,
each Public Health Advisory Council (Advisory Council) created
pursuant to subsection A of this section shall consist of seven (7)
members. Two members shall be appointed by the Governor, two
members shall be appointed by the Speaker of the House of
Representatives, two members shall be appointed by the President Pro
Tempore of the Senate, and one member shall be appointed by the
Commissioner. Appointments shall be for three-year terms. Members
of the Advisory Councils shall serve at the pleasure of and may be
removed from office by the appointing authority. Members shall
continue to serve until their successors are appointed. Any vacancy
shall be filled in the same manner as the original appointments.
Four members shall constitute a quorum.
2. The Home Care, Hospice and Palliative Care Advisory Council
shall consist of nine (9) members. Two members shall be appointed
by the Governor, three members shall be appointed by the Speaker of
the House of Representatives, three members shall be appointed by
the President Pro Tempore of the Senate and one member shall be
appointed by the Commissioner. Five members shall constitute a
quorum.
3. The Advancement of Wellness Advisory Council shall consist
of ten (10) members. Three members shall be appointed by the
Governor, three members shall be appointed by the President Pro
Tempore of the Senate, three members shall be appointed by the
Speaker of the House of Representatives, and one member shall be
appointed by the Commissioner. Six members shall constitute a
quorum.
4. Each Advisory Council shall meet at least twice a year, but
no more than four times a year and shall elect a chair, a vice
chair, and a secretary from among its members. Each Advisory
Council shall only meet as required for election of officers,
establishment of meeting dates and times; rule development, review,
and recommendation; and adoption of nonbinding resolutions to the
Department or the Commissioner concerning matters brought before the
Advisory Council. Special meetings may be called by the chair or by
the concurrence of any three members.
C. 1. All members of the Consumer Protection Licensing
Advisory Council shall be knowledgeable of certain consumer issues
as specified below. The Consumer Protection Licensing Advisory
Council shall be composed as follows:
a. the Governor shall appoint:
(1) one member who is a licensed radiologist
assistant, and
(2) one member who is a licensed audiologist,
b. the President Pro Tempore of the Senate shall appoint:
Oklahoma Statutes - Title 63. Public Health and Safety Page 65
(1) one member who is a licensed radiologist, and
(2) one member representing the hearing-aid-fitting
industry,
c. the Speaker of the House of Representatives shall
appoint:
(1) one member representing the medical
micropigmentation industry, and
(2) one member representing the hearing-impaired
public, and
d. the Commissioner shall appoint one member representing
a diagnostic x-ray facility.
2. The jurisdiction areas of the Consumer Protection Licensing
Advisory Council shall include the hearing-aid-fitting industry, the
medical micropigmentation industry, the radiation industry, and such
other areas as designated by the Commissioner.
D. 1. All members of the Trauma and Emergency Response
Advisory Council shall be knowledgeable of issues that arise in a
hospital setting and issues that arise concerning emergency
response. The Trauma and Emergency Response Advisory Council shall
be composed as follows:
a. the Governor shall appoint:
(1) one member who is an administrative director of a
licensed ambulance service, and
(2) one member who is a board-certified emergency
physician,
b. the President Pro Tempore of the Senate shall appoint:
(1) one member who is a representative from a
hospital with trauma and emergency services, and
(2) one member who is a trauma surgeon with
privileges at a hospital with trauma and
emergency operative services,
c. the Speaker of the House of Representatives shall
appoint:
(1) one member representing the trauma registrar of a
licensed hospital that is classified as providing
trauma and emergency operative services, and
(2) one member who is an emergency medical
technician, and
d. the Commissioner shall appoint one member who is a
critical care nurse.
2. The jurisdictional areas of the Trauma and Emergency
Response Advisory Council shall include emergency response systems
development, injury prevention, catastrophic health emergency,
trauma systems improvement and development and such other areas
designated by the Commissioner.
E. 1. All members of the Infant and Children’s Health Advisory
Council shall be knowledgeable of issues that arise in the area of
Oklahoma Statutes - Title 63. Public Health and Safety Page 66
infant and children’s health care. The Infant and Children’s Health
Advisory Council shall be composed as follows:
a. the Governor shall appoint:
(1) one member who works for the state or for a
political subdivision on child abuse issues, and
(2) one member who is knowledgeable about childhood
immunizations,
b. the President Pro Tempore of the Senate shall appoint:
(1) one member who is knowledgeable about newborn
screening issues,
(2) one member licensed by the state as an
optometrist who has knowledge of vision screening
for children, and
(3) one member who is a licensed ophthalmologist in
this state with the knowledge of treating visual
deficiencies in children,
c. the Speaker of the House of Representatives shall
appoint:
(1) one member who is licensed by the state as a
physician and works as a pediatrician, and
(2) one member who is licensed by the state as a
genetic counselor, and
d. the Commissioner shall appoint one member who is a
physician licensed by the state who specializes in the
diagnosis and treatment of childhood injuries in a
trauma setting.
2. The jurisdictional areas of the Infant and Children’s Health
Advisory Council shall include all issues that arise in the area of
health care for infants and children and such other areas as
designated by the Commissioner.
F. 1. All members of the Advancement of Wellness Advisory
Council shall be knowledgeable of issues that arise in the area of
advancing the health of all Oklahomans. The Advancement of Wellness
Advisory Council shall be composed as follows:
a. the Governor shall appoint:
(1) one member who is knowledgeable about breast and
cervical cancer issues,
(2) one member who is knowledgeable about organ donor
issues, and
(3) one member who is knowledgeable about
cardiometabolic disease including obesity,
dyslipidemia, hypertension, and diabetes,
b. the President Pro Tempore of the Senate shall appoint:
(1) one member who is mayor of a city or town that
has been designated a certified healthy community
in an urban setting,
Oklahoma Statutes - Title 63. Public Health and Safety Page 67
(2) one member who is the president or chief
operating officer of a business that has been
designated a certified healthy business, and
(3) one member who represents an Urban Indian Health
Center in this state or a nonprofit organization
with a major focus on improving public health for
citizens of federally recognized tribes in this
state,
c. the Speaker of the House of Representatives shall
appoint:
(1) one member who is the mayor of a city or town
that has been designated a certified healthy
community in a rural setting,
(2) one member who is the president or chief
operating officer of a business that has been
designated a certified healthy business in an
urban setting, and
(3) one member who represents a federally recognized
tribe based in this state which maintains a
tribally operated health system, and
d. the Commissioner shall appoint one member who is the
Executive Director of the Tobacco Settlement Endowment
Trust.
2. The jurisdictional areas of the Advancement of Wellness
Advisory Council shall include all issues that arise in the areas of
tobacco usage and cessation, organ and tissue donation,
cardiometabolic disease, American Indian health, the requirements
for a city or town in the state to be designated as a certified
healthy community, the requirements for a business to be designated
as a certified healthy business and such other areas as designated
by the Commissioner.
G. 1. All members of the Home Care, Hospice and Palliative
Care Advisory Council shall be knowledgeable of issues that arise in
the administration and practice of home care, hospice and palliative
care services. The Home Care, Hospice and Palliative Care Advisory
Council shall be composed as follows:
a. the Governor shall appoint:
(1) one member who is the owner or administrator of
an entity licensed in accordance with the
Oklahoma Hospice Licensing Act, and
(2) one member who is an owner or administrator of an
entity licensed in accordance with the Home Care
Act,
b. the President Pro Tempore of the Senate shall appoint:
(1) one member who is an owner or administrator of an
entity licensed in accordance with the Oklahoma
Hospice Licensing Act,
Oklahoma Statutes - Title 63. Public Health and Safety Page 68
(2) one member who is an owner or administrator of an
entity licensed in accordance with the Home Care
Act, and
(3) one member who is a member of the palliative care
patient advocacy community,
c. the Speaker of the House of Representatives shall
appoint:
(1) one member representing the public who is or was
a legal guardian of a recipient of hospice
services,
(2) one member representing the public who is a
recipient or legal guardian of a recipient of
services from a home health agency, and
(3) one member who is an allopathic or osteopathic
physician or nurse certified in palliative care
delivery in this state, and
d. the Commissioner shall appoint one member representing
an association which advocates on behalf of home care
or hospice issues.
2. The jurisdictional areas of the Home Care, Hospice and
Palliative Care Advisory Council shall include all issues that arise
in the areas of home care, hospice services and palliative care,
including, but not limited to:
a. identifying methods that improve the quality and
delivery of home care, hospice and palliative care,
b. reviewing best practices from home care, hospice and
palliative care programs in the state,
c. developing information on home care, hospice and
palliative care issues for the general public, and
d. such other areas as designated by the Commissioner.
H. In addition to other powers and duties assigned to each
Advisory Council pursuant to this section, each Advisory Council,
within its jurisdictional area, shall:
1. Have authority to recommend to the Commissioner rules on
behalf of the Department. The Department shall not have standing to
recommend to the Commissioner permanent rules or changes to such
rules within the jurisdiction of an Advisory Council which have not
been submitted previously to the appropriate Advisory Council for
action;
2. Before recommending any permanent rules to the Commissioner,
give public notice, offer an opportunity for public comment and
conduct a public rulemaking hearing when required by the
Administrative Procedures Act;
3. Have the authority to make nonbinding written
recommendations to the Commissioner or to the Department which have
been concurred upon by at least a majority of the membership of the
Advisory Council;
Oklahoma Statutes - Title 63. Public Health and Safety Page 69
4. Have the authority to provide a public forum for the
discussion of issues it considers relevant to its area of
jurisdiction, and to:
a. pass nonbinding resolutions expressing the sense of
the Advisory Council, and
b. make recommendations to the Commissioner or the
Department concerning the need and the desirability of
conducting meetings, workshops, and seminars; and
5. Cooperate with each other Advisory Council, the public, the
Commissioner, and the Commissioner of Health in order to coordinate
the rules within their respective jurisdictional areas and to
achieve maximum efficiency and effectiveness in furthering the
objectives of the Department.
I. The Advisory Councils shall not recommend rules for
promulgation by the Commissioner unless all applicable requirements
of the Administrative Procedures Act have been followed, including
but not limited to notice, rule-impact statement, and rulemaking
hearings.
J. Members of the Advisory Councils shall serve without
compensation. The Advisory Councils are authorized to utilize the
conference rooms of the Department and obtain administrative
assistance from the Department, as required.
Added by Laws 2013, c. 229, § 44, eff. Nov. 1, 2013. Amended by
Laws 2014, c. 141, § 1, eff. Nov. 1, 2014; Laws 2015, c. 11, § 1,
eff. Nov. 1, 2015; Laws 2020, c. 96, § 1, eff. Nov. 1, 2020; Laws
2024, c. 131, § 1, eff. Nov. 1, 2024.
§63-1-104. State Commissioner of Health – Powers and duties.
A. The State Commissioner of Health may adopt an official seal
for the State Department of Health. The State Commissioner of
Health shall hold such meetings as he or she deems necessary.
B. The Commissioner shall have the following powers and duties:
1. Adopt such rules and standards as he or she deems necessary
to carry out any of the provisions of the Oklahoma Public Health
Code;
2. Accept and disburse grants, allotments, gifts, devises,
bequests, funds, appropriations, and other property made or offered
to the Department; and
3. Establish such divisions, sections, bureaus, offices, and
positions in the State Department of Health as the Commissioner
deems necessary to carry out the provisions of this Code.
C. The State Commissioner of Health shall be appointed by the
Governor, with the advice and consent of the Senate. The
Commissioner shall serve at the pleasure of the Governor and may be
removed or replaced without cause. Compensation for the
Commissioner shall be determined pursuant to Section 3601.2 of Title
74 of the Oklahoma Statutes.
Oklahoma Statutes - Title 63. Public Health and Safety Page 70
Added by Laws 1963, c. 325, art. 1, § 104, operative July 1, 1963.
Amended by Laws 1976, c. 136, § 1, operative July 1, 1976; Laws
1985, c. 178, § 42, operative July 1, 1985; Laws 1997, c. 238, § 2,
eff. Nov. 1, 1997; Laws 2018, c. 183, § 2, eff. Jan. 14, 2019.
§63-1-105. State Department of Health created.
There is hereby created a State Department of Health, which
shall consist of the State Commissioner of Health, and such
divisions, sections, bureaus, offices, and positions as may be
established by the Commissioner, or by law.
Added by Laws 1963, c. 325, art. 1, § 105, operative July 1, 1963.
Amended by Laws 2018, c. 183, § 3, eff. Jan. 14, 2019.
§63-1-105a. Liability insurance for certain employees.
The Department of Health is authorized to purchase or provide,
from funds available for the operation of the Department, liability
insurance for the State Board of Health, the Commissioner of Health,
and such other employees of the Department as may be designated by
the Board. The insurance coverage shall protect such persons from
personal civil liability for errors and omissions resulting from the
discharge of their official duties. This section shall in no way be
construed as waiving the governmental immunity of the state.
Added by Laws 1982, c. 299, § 17, emerg. eff. May 28, 1982.
§63-1-105b. Soliciting residents for nursing care facilities.
Any employee of the State Department of Health who willfully or
knowingly accepts anything of value from any person, firm,
association, partnership or corporation for securing or soliciting
residents for any facility subject to the Nursing Home Care Act, the
Residential Care Act, the Continuum of Care and Assisted Living Act,
or any other long-term care facility licensed by the Department,
upon conviction thereof, shall be guilty of a felony.
Added by Laws 2000, c. 340, § 10, eff. July 1, 2000.
§63-1-105c. Conflicts of interest.
A. The State Department of Health shall:
1. Ensure that no employee of the Department whose
responsibilities relate in any manner to long-term care is subject
to a conflict of interest which would impair the ability of the
person to carry out his or her employment duties in an impartial
manner including, but not limited to:
a. ownership or investment interest by the employee or a
member of the employee’s immediate family represented
by equity, debt or other financial relationship in a
long-term care facility or a long-term care service,
b. employment by, under contract to, or participation by
the employee or a member of the employee’s immediate
Oklahoma Statutes - Title 63. Public Health and Safety Page 71
family in the management of, a long-term care
facility, except as provided in Section 1-1914.2 of
Title 63 of the Oklahoma Statutes and with the
approval of the State Commissioner of Health, or
c. the receipt or the right of the employee or a member
of the employee’s immediate family to receive directly
or indirectly remuneration, in cash or in kind, under
a compensation arrangement with an owner or operator
of a long-term care facility; and
2. Establish and specify, in writing, mechanisms to identify
and remove conflicts of interest referred to in this section
including, but not limited to:
a. the methods by which the Department will examine
individuals and members of the individuals' immediate
family members to identify the conflicts, and
b. the actions that the Department will require the
individuals and such family members to take to
eliminate such conflicts.
B. For purposes of this section, the term “immediate family”
means:
1. The spouse of the employee;
2. The parents of the spouse of the employee;
3. A child by birth or adoption;
4. A stepchild;
5. A parent;
6. A grandparent;
7. A grandchild;
8. A sibling of the employee;
9. The spouse of any immediate family member specified in this
subsection; or
10. Such other relationship deemed necessary by the State Board
of Health as determined by rule.
Added by Laws 2000, c. 340, § 11, eff. July 1, 2000.
§63-1-105d. Tobacco Prevention and Cessation Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health, to be designated the "Tobacco
Prevention and Cessation Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies deposited to the credit of the fund by law.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for purposes of paragraph 2 of subsection C of
Section 1, Chapter 340, O.S.L. 2000. 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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 72
Added by Laws 2000, c. 340, § 20, eff. July 1, 2000. Amended by
Laws 2012, c. 304, § 472.
NOTE: Editorially renumbered from § 105d of this title to provide
consistency in numbering.
§63-1-105e. Duties of Department of Health.
A. The State Department of Health shall:
1. Perform duties and responsibilities as directed by the State
Commissioner of Health to ensure compliance with relevant provisions
of this act;
2. Fix and collect fees for the certification of compliance of
health maintenance organizations pursuant to the provisions of
Section 6907 of Title 36 of the Oklahoma Statutes; and
3. Perform any and all health-related services, within the
scope of practice, as prescribed by state law, by the State Board of
Health, or by standards of care for medical services. When the
Department provides a health-related service to any person covered
by an applicable health insurance plan, the Department may submit a
claim for said service to the appropriate insurance company, health
maintenance organization or preferred provider organization. Upon
receipt of the claim, said insurance company, health maintenance
organization or preferred provider organization shall reimburse the
Department for the service provided in accordance with the standard
and customary rate schedule established by the plan. All health
insurance plans doing business in Oklahoma shall recognize the
public health service delivery model utilized by the Department, as
an appropriate provider of services for reimbursement.
B. All actions of the Department shall be subject to the
provisions of the Administrative Procedures Act.
C. Fees and insurance reimbursement payments collected shall be
deposited in the Public Health Special Fund in the State Treasury.
Added by Laws 2003, c. 197, § 54, eff. Nov. 1, 2003. Amended by
Laws 2011, c. 105, § 1, eff. Nov. 1, 2011.
§63-1-105f. Office of Accountability Systems.
A. The Office of Accountability Systems of the State Department
of Health (OAS) shall have the authority to:
1. Coordinate audits and investigations and make reports to the
State Board of Health and State Commissioner of Health within the
State Department of Health and State Health Officer relating to the
administration of programs and operations of the State Department of
Health;
2. Except as otherwise prohibited by current law, access all
records, reports, audits, reviews, documents, papers,
recommendations, or other material which relate to programs and
operations with respect to which the Director of the Office of
Accountability Systems has responsibilities;
Oklahoma Statutes - Title 63. Public Health and Safety Page 73
3. Request assistance from other state, federal and local
government agencies;
4. Issue administrative subpoenas for the production of all
information, documents, reports, answers, records, accounts, papers,
and other data and documentary evidence;
5. Administer to or take from any current or former employee of
the State Department of Health an oath, affirmation, or affidavit;
6. Receive and investigate complaints or information from an
employee of the Department, service recipient or member of the
public concerning the possible existence of an activity within the
State Department of Health constituting a violation of law, rules or
regulations, mismanagement, gross waste of funds, abuse of authority
or a substantial and specific danger to the public health and
safety;
7. Cause to be issued on behalf of OAS credentials, including
an identification card with the State Seal; and
8. Keep confidential all actions and records relating to OAS
complaints.
B. It shall be the duty and responsibility of the Director and
staff of the Office of Accountability Systems to:
1. Keep the State Board of Health and the State Commissioner of
Health fully informed of matters relating to fraud, abuses,
deficiencies and other serious problems of which the Director is
aware relating to the administration of programs and operations
within the State Department of Health. Further, the Director shall
recommend corrective action concerning such matters and report to
the State Board of Health and the State Commissioner of Health on
the progress of the corrective matters, except when such matters
relate to the State Commissioner of Health or the performance of his
or her duties in such capacity. Matters directly involving the
Commissioner may be reported by the Director to the Board without
providing notice to the Commissioner;
2. Report to and be under the direct supervision of the State
Board of Health and shall not be subject to supervision or report to
any other State Department of Health employee. Unless otherwise
instructed by the State Board of Health, staff of the Office of
Accountability Systems and independent contractors performing
internal investigative services for the Office of Accountability
Systems shall be directly supervised by the Director of the Office
of Accountability Systems and not subject to the supervision of or
required to report to any other State Department of Health employee.
Neither the State Commissioner of Health nor any other employee of
the State Department of Health shall prevent, prohibit, or obstruct
the Director from initiating, implementing or completing any
investigation or from issuing any subpoena during the course of an
investigation or audit regarding the State Department of Health; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 74
3. Report expeditiously to the appropriate law enforcement
entity whenever the Director has reasonable grounds to believe that
there has been a felonious violation of state or federal criminal
law.
Added by Laws 2006, c. 101, § 1, eff. July 1, 2006. Amended by Laws
2008, c. 119, § 1, emerg. eff. May 5, 2008; Laws 2011, c. 105, § 2,
eff. Nov. 1, 2011; Laws 2018, c. 29, § 1, eff. Nov. 1, 2018.
§63-1-106. See the following versions:
OS 63-1-106v1 (SB 949, Laws 2025, c. 215, § 13)
OS 63-1-106v2 (HB 2013, Laws 2025, c. 377, § 3)
§63-1-106.1. Fee schedule for licenses, permits and other health
services.
A. The State Board of Health may establish a system of fees to
be charged for health services and for services rendered to members
of the public in the issuance and renewal of licenses and permits by
the State Commissioner of Health and the State Department of Health.
This provision is subject to the following limitations:
1. No schedule of fees may be established or amended by the
Board except during such times as the Legislature is in session;
provided, the Board may establish or amend a schedule of fees at a
time when the Legislature is not in session if the fees or schedule
of fees has been specifically authorized by the Legislature or has
been approved by the Contingency Review Board. The State Board of
Health must follow the procedures required by Article I of the
Administrative Procedures Act for adoption of rules and regulations
in establishing or amending any such schedule of fees; and
2. The Board shall charge fees only within the following
ranges, except as may be otherwise provided for in this title.
For license or permit issuance: $50.00 to $2,000.00
For license or permit renewal: $10.00 to $500.00
For health services: $25.00 to $250.00
provided further, that any facility exempt from the requirement to
obtain a permit based on date of construction or start-up may be
assessed an annual permit renewal fee equivalent.
B. The Board's authority to establish such a fee schedule shall
extend to all programs administered by the State Commissioner of
Health and the State Department of Health, regardless of whether the
statutes creating such programs are codified in the Oklahoma Public
Health Code.
C. The Board shall base its schedule of licensing or permitting
fees upon the reasonable costs of review and inspection services
rendered in connection with each license and permit program, but
shall be within the ranges specified in subsection A of this
section, except as may be otherwise specified in this section. The
Department shall establish a system of training for all personnel
Oklahoma Statutes - Title 63. Public Health and Safety Page 75
who render review and inspection services in order to assure uniform
statewide application of rules and regulations and the Board shall
also base the fee on reasonable costs associated with the training
of those personnel. Such fees shall not be used in the operation of
local health departments whose personnel do not participate fully in
applicable State Department of Health training and standardization
programs.
D. The Board may exempt by rule any class of licensee or
permittee or any class of facility or activity to be licensed or
permitted from the requirements of the fee schedule if the Board
determines that the creation of such a schedule for any such class
would work an unreasonable economic hardship.
E. All statutory fees now in effect for health services and for
the issuance and renewal of any license or permit administered by
the State Commissioner of Health and the State Department of Health
within the jurisdiction of the Department shall remain in effect
until such time as the Board acts to implement new fee schedules
pursuant to the provisions of this Code.
F. Unless a longer duration is specified for certain permits by
the rules and regulations of the Board, licenses and permits issued
by the Commissioner of Health shall be for a one-year period.
Added by Laws 1984, c. 162, § 2, emerg. eff. May 1, 1984. Amended
by Laws 1987, c. 206, § 16, operative July 1, 1987; Laws 1987, c.
236, § 2, emerg. eff. July 20, 1987; Laws 1991, c. 293, § 1, emerg.
eff. May 30, 1991; Laws 1991, c. 335, § 22, emerg. eff. June 15,
1991; Laws 1992, c. 215, § 20, emerg. eff. May 15, 1992; Laws 1992,
c. 373, § 12, eff. July 1, 1992; Laws 1993, c. 145, § 308, eff. July
1, 1993; Laws 2005, c. 282, § 1, emerg. eff. June 6, 2005.
NOTE: Laws 1991, c. 287, § 10 repealed by Laws 1991, c. 335, § 37,
emerg. eff. June 15, 1991. Laws 1992, c. 183, § 1 repealed by Laws
1992, c. 373, § 22, eff. July 1, 1992. Laws 1993, c. 163, § 1
repealed by Laws 1993, c. 324, § 58, eff. July 1, 1993.
§63-1-106.2. Uniform application to be used in credentialing
process.
A. The State Commissioner of Health shall promulgate rules
necessary to develop a uniform application which shall be used in
the credentialing process of health care providers. The State
Department of Health shall develop such application form for:
1. Initial privileges or membership in a hospital or other
entity requiring credentials verification, except for a contracted
entity as defined by Section 4002.2 of Title 56 of the Oklahoma
Statutes; and
2. Recredentialing or reappointment in a hospital or other
entity requiring credentials verification, except for a contracted
entity as defined by Section 4002.2 of Title 56 of the Oklahoma
Statutes.
Oklahoma Statutes - Title 63. Public Health and Safety Page 76
B. Any entity requiring credentials verification may require
supplemental information.
Added by Laws 1998, c. 210, § 1, eff. July 1, 1998. Amended by Laws
2023, c. 253, § 1, eff. Nov. 1, 2023.
§63-1-106.3. Oklahoma Food Service Advisory Council
A. There is hereby created within the State Department of
Health the Oklahoma Food Service Advisory Council. The purpose of
the Advisory Council shall be to:
1. Advise the State Board of Health, the State Commissioner of
Health, and the Department regarding food service establishments;
and
2. Recommend actions to improve sanitation and consumer
protection.
B. The Advisory Council shall have the duty and authority to:
1. Review and approve in an advisory capacity only rules and
standards for food service establishments operating in this state;
2. Evaluate, review and make recommendations regarding
Department inspection activities; and
3. Recommend and approve quality indicators and data submission
requirements for food service establishments which shall be used by
the Department to monitor compliance with licensure requirements and
to publish an annual report of food service establishment
performance.
C. The Oklahoma Food Service Advisory Council shall be composed
of fourteen (14) members as follows:
1. Nine members shall be appointed by the Commissioner, with the
advice and consent of the Board, from a list of three names for each
position provided by an association representing the majority of
restaurant owners in this state. Such appointments shall be as
follows:
a. one member shall represent the Oklahoma Restaurant
Association,
b. one member shall represent the Oklahoma Hotel and
Motel Association,
c. one member shall represent the Oklahoma Grocers
Association,
d. one member shall represent food service education,
e. one member shall represent food processing education,
f. one member shall be an independent food service
operator,
g. one member shall be a food processor,
h. one member shall represent the School Nutrition
Association of Oklahoma, and
i. one member shall be a citizen representing the public
and shall not be a food service establishment operator
Oklahoma Statutes - Title 63. Public Health and Safety Page 77
or employee and shall not be a member of a food
service governing board; and
2. The remaining appointments shall consist of:
a. the Director of the Oklahoma City-County Health
Department, or a designee,
b. the Director of the Tulsa City-County Health
Department, or a designee,
c. two directors from other county health departments in
this state or designees, appointed by the
Commissioner, and
d. the Director of the Oklahoma Department of
Agriculture, Food, and Forestry or a designee.
D. The appointments made by the Commissioner shall be for three-
year terms, except that after the effective date of this act, the
initial term of the representative of the public shall be for one
(1) year, and the initial terms of the independent food service
operator, the food processor, the representatives of food service
education, and food processing education shall be for two (2) years.
The initial terms of all other members appointed by the Commissioner
shall be for three (3) years. After initial appointments to the
Advisory Council, the Commissioner shall appoint members to three-
year terms.
E. The Advisory Council shall meet on a quarterly basis.
Members of the Advisory Council shall serve without compensation but
shall be reimbursed for travel expenses by the Department pursuant
to the provisions of the State Travel Reimbursement Act.
Added by Laws 1999, c. 290, § 1, eff. Nov. 1, 1999. Amended by Laws
2016, c. 319, § 1, eff. Nov. 1, 2016.
§63-1-106.4. Chief Medical Officer.
A. The Chief Medical Officer shall serve at the discretion and
pleasure of the State Commissioner of Health.
B. The Chief Medical Officer must:
1. Be a resident of the State of Oklahoma; and
2. Be licensed and in good standing as a medical doctor or
doctor of osteopathy in Oklahoma.
C. With the approval of the State Commissioner of Health, the
Chief Medical Officer may maintain a clinical practice to retain
expertise and remain current in his or her specialized field.
D. The Chief Medical Officer may:
1. Advise the Commissioner and agency staff in all matters
related to public health and effective delivery of public health
services;
2. Provide professional judgment, medical and public health
guidance to the Commissioner and other department leadership to
ensure that health policy and program resource allocation decisions
are medically appropriate, that timely prevention actions are taken,
Oklahoma Statutes - Title 63. Public Health and Safety Page 78
and that policy reflects sound medical and public health principles
and priorities;
3. Actively participate in the development of the agency
strategic goals and the state public health improvement plan; and
4. Perform other duties as assigned by the Commissioner.
Added by Laws 2022, c. 85 § 2, emerg. eff. April 26, 2022.
§63-1-106v1. State Commissioner of Health - Qualifications - Powers
and duties.
A. The State Commissioner of Health shall serve at the pleasure
of the Governor, and shall have skill and experience in public
health duties and sanitary sciences and shall meet at least one of
the following qualifications:
1. Possession of a Doctor of Medicine Degree and a license to
practice medicine in this state;
2. Possession of an Osteopathic Medicine Degree and a license
to practice medicine in this state;
3. Possession of a Doctoral degree in Public Health or Public
Health Administration; or
4. Possession of a Master of Science Degree and a minimum of
five (5) years of supervisory experience in the administration of
health services.
B. The Commissioner shall be exempt from all qualifications
enumerated in subsection A of this section if the Commissioner
possesses at least a master’s degree and has experience in
management of state agencies or large projects.
C. The Commissioner shall have the following powers and duties,
unless otherwise directed by the Governor:
1. Have general supervision of the health of the citizens of
the state; make investigations, inquiries and studies concerning the
causes of disease and injury, and especially of epidemics, and the
causes of mortality, and the effects of localities, employment,
conditions and circumstances on the public health; investigate
conditions as to health, sanitation and safety of schools, prisons,
public institutions, mines, public conveyances, camps, places of
group abode, and all buildings and places of public resort, and
recommend, prescribe and enforce such measures of health, sanitation
and safety for them as the Commissioner deems advisable; take such
measures as deemed necessary by the Commissioner to control or
suppress, or to prevent the occurrence or spread of, any
communicable, contagious or infectious disease, and provide for the
segregation and isolation of persons having or suspected of having
any such disease; designate places of quarantine or isolation;
advise state and local governments on matters pertaining to health,
sanitation and safety; and abate any nuisance affecting injuriously
the health of the public or any community. Any health information
or data acquired by the Commissioner from any public agency, which
Oklahoma Statutes - Title 63. Public Health and Safety Page 79
information or data is otherwise confidential by state or federal
law, shall remain confidential notwithstanding the acquisition of
this information by the Commissioner;
2. Be the executive officer and supervise the activities of the
State Department of Health, and act for the Department in all
matters except as may be otherwise provided in this Code; administer
oaths at any hearing or investigation conducted pursuant to this
Code; and enforce rules and standards adopted by the Commissioner.
All rules adopted by the Commissioner are subject to the terms and
conditions of the Administrative Procedures Act;
3. Appoint an Assistant State Commissioner of Health and fix
the qualifications, duties and compensation of the Assistant State
Commissioner of Health; and employ, appoint and contract with, and
fix the qualifications, duties and compensation of, such other
assistants, doctors, engineers, attorneys, sanitarians, nurses,
laboratory personnel, administrative, clerical and technical help,
investigators, aides and other personnel and help, either on a full-
time, part-time, fee or contractual basis, as shall be deemed by the
Commissioner necessary, expedient, convenient or appropriate to the
performance or carrying out of any of the purposes, objectives or
provisions of this Code, or to assist the Commissioner in the
performance of official duties and functions;
4. Cause investigations, inquiries and inspections to be made,
and hold hearings and issue orders pursuant to the provisions of the
Administrative Procedures Act, to enforce and make effective the
provisions of this Code, and all rules and standards adopted by the
Commissioner pursuant to law and the Commissioner or the
representative of the Commissioner shall have the right of access to
any premises for such purpose at any reasonable time, upon
presentation of identification;
5. Authorize persons in the State Department of Health to
conduct investigations, inquiries and hearings, and to perform other
acts that the Commissioner is authorized or required to conduct or
perform personally;
6. Except as otherwise provided by law, all civil and criminal
proceedings under this Code shall be initiated and prosecuted by the
district attorney where the violation takes place;
7. Issue subpoenas for the attendance of witnesses and the
production of books and records at any hearing to be conducted by
the Commissioner and issue subpoenas for the testimony of
individuals or for the production of records in connection with an
investigation conducted by the Office of Client Advocacy within the
State Department of Health; and if a person disobeys any such
subpoena, or refuses to give evidence before, or to allow books and
records to be examined by, the Commissioner after such person is
directed to do so, the Commissioner may file a contempt proceeding
in the district court of the county in which the premises involved
Oklahoma Statutes - Title 63. Public Health and Safety Page 80
are situated, or, if no premises are involved, of the county in
which such person resides or has a principal place of business, and
a judge of such court, after a trial de novo, may punish the
offending person for contempt;
8. Unless otherwise required by the terms of a federal grant,
sell, exchange or otherwise dispose of personal property that has
been acquired by the State Department of Health, or any of its
components, when such property becomes obsolete or is no longer
needed; any money derived therefrom shall be deposited in the Public
Health Special Fund;
9. Sell films, educational materials, biological products and
other items produced by the State Department of Health; and all
proceeds therefrom shall be deposited in the Public Health Special
Fund;
10. Revoke or cancel, or suspend for any period up to one (1)
year, any license or permit issued under or pursuant to this Code,
or by the Commissioner, when the Commissioner determines that ground
therefor as prescribed by this Code exists, or that the holder of
such license or permit has violated any law, or any of the
provisions of this Code, or any rules or standards of the
Commissioner filed with the Secretary of State, but the Commissioner
shall first afford the holder an opportunity to show cause why the
license or permit should not be revoked, canceled or suspended,
notice of such opportunity to be given by certified United States
Mail to the holder of the license or permit at the last-known
address of such holder;
11. Accept, use, disburse and administer grants, allotments,
gifts, devises, bequests, appropriations and other monies and
property offered or given to the State Department of Health, or any
component or agency thereof, by any agency of the federal
government, or any corporation or individual;
12. Be the official agency of the State of Oklahoma in all
matters relating to public health which require or authorize
cooperation of the State of Oklahoma with the federal government or
any agency thereof; coordinate the activities of the State
Department of Health with those of the federal government or any
department or agency thereof, and with other states, on matters
pertaining to public health, and enter into agreements for such
purpose, and may accept, use, disburse and administer, for the
office of the Commissioner or for the State Department of Health,
for any purpose designated and on the terms and conditions thereof,
grants of money, personnel and property from the federal government
or any department or agency thereof, or from any state or state
agency, or from any other source, to promote and carry on in this
state any program relating to the public health or the control of
disease, and enter into agreements for such purposes;
Oklahoma Statutes - Title 63. Public Health and Safety Page 81
13. Appoint commissioned peace officers, certified by the
Council on Law Enforcement Education and Training, to investigate
violations of the Public Health Code and to provide security to
Department facilities; and
14. Pursuant to Section 1-106.4 of this title, appoint a Chief
Medical Officer who reports directly to the Commissioner.
Added by Laws 1963, c. 325, art. 1, § 106, operative July 1, 1963.
Amended by Laws 1980, c. 159, § 17, emerg. eff. April 2, 1980; Laws
1986, c. 148, § 1, emerg. eff. April 29, 1986; Laws 1987, c. 118, §
52, operative July 1, 1987; Laws 1987, c. 225, § 42, eff. July 1,
1987; Laws 1991, c. 293, § 4, emerg. eff. May 30, 1991; Laws 1995,
c. 230, § 20, eff. July 1, 1995; Laws 1997, c. 238, § 3, eff. Nov.
1, 1997; Laws 2004, c. 456, § 1, eff. Nov. 1, 2004; Laws 2022, c.
85, § 1, emerg. eff. April 26, 2022; Laws 2025, c. 215, § 13, emerg.
eff. May 13, 2025.
§63-1-106v2. State Commissioner of Health - Qualifications - Powers
and duties.
A. The State Commissioner of Health shall serve at the pleasure
of the Governor, and shall have skill and experience in public
health duties and sanitary sciences and shall meet at least one of
the following qualifications:
1. Possession of a Doctor of Medicine Degree and a license to
practice medicine in this state;
2. Possession of an Osteopathic Medicine Degree and a license
to practice medicine in this state;
3. Possession of a Doctoral degree in Public Health or Public
Health Administration; or
4. Possession of a Master of Science Degree and a minimum of
five (5) years of supervisory experience in the administration of
health services.
B. The Commissioner shall be exempt from all qualifications
enumerated in subsection A of this section if the Commissioner
possesses at least a master's degree and has experience in
management of state agencies or large projects.
C. The Commissioner shall have the following powers and duties,
unless otherwise directed by the Governor:
1. Have general supervision of the health of the citizens of
the state; make investigations, inquiries and studies concerning the
causes of disease and injury, and especially of epidemics, and the
causes of mortality, and the effects of localities, employment,
conditions and circumstances on the public health; investigate
conditions as to health, sanitation and safety of schools, prisons,
public institutions, mines, public conveyances, camps, places of
group abode, and all buildings and places of public resort, and
recommend, prescribe and enforce such measures of health, sanitation
and safety for them as the Commissioner deems advisable; take such
Oklahoma Statutes - Title 63. Public Health and Safety Page 82
measures as deemed necessary by the Commissioner to control or
suppress, or to prevent the occurrence or spread of, any
communicable, contagious or infectious disease, and provide for the
segregation and isolation of persons having or suspected of having
any such disease; designate places of quarantine or isolation;
advise state and local governments on matters pertaining to health,
sanitation and safety; and abate any nuisance affecting injuriously
the health of the public or any community. Any health information
or data acquired by the Commissioner from any public agency, which
information or data is otherwise confidential by state or federal
law, shall remain confidential notwithstanding the acquisition of
this information by the Commissioner.
2. Be the executive officer and supervise the activities of the
State Department of Health, and act for the Department in all
matters except as may be otherwise provided in this Code; administer
oaths at any hearing or investigation conducted pursuant to this
Code; and enforce rules and standards adopted by the Commissioner.
All rules adopted by the Commissioner are subject to the terms and
conditions of the Administrative Procedures Act.
3. Appoint an Assistant State Commissioner of Health and fix
the qualifications, duties and compensation of the Assistant State
Commissioner of Health; and employ, appoint and contract with, and
fix the qualifications, duties and compensation of, such other
assistants, doctors, engineers, attorneys, sanitarians, nurses,
laboratory personnel, administrative, clerical and technical help,
investigators, aides and other personnel and help, either on a full-
time, part-time, fee or contractual basis, as shall be deemed by the
Commissioner necessary, expedient, convenient or appropriate to the
performance or carrying out of any of the purposes, objectives or
provisions of this Code, or to assist the Commissioner in the
performance of official duties and functions.
4. Cause investigations, inquiries and inspections to be made,
and hold hearings and issue orders pursuant to the provisions of the
Administrative Procedures Act, to enforce and make effective the
provisions of this Code, and all rules and standards adopted by the
Commissioner pursuant to law and the Commissioner or the
representative of the Commissioner shall have the right of access to
any premises for such purpose at any reasonable time, upon
presentation of identification.
5. Authorize persons in the State Department of Health to
conduct investigations, inquiries and hearings, and to perform other
acts that the Commissioner is authorized or required to conduct or
perform personally.
6. Except as otherwise provided by law, all civil and criminal
proceedings under this Code shall be initiated and prosecuted by the
district attorney where the violation takes place.
Oklahoma Statutes - Title 63. Public Health and Safety Page 83
7. Issue subpoenas for the attendance of witnesses and the
production of books and records at any hearing to be conducted by
the Commissioner; and if a person disobeys any such subpoena, or
refuses to give evidence before, or to allow books and records to be
examined by, the Commissioner after such person is directed to do
so, the Commissioner may file a contempt proceeding in the district
court of the county in which the premises involved are situated, or,
if no premises are involved, of the county in which such person
resides or has a principal place of business, and a judge of such
court, after a trial de novo, may punish the offending person for
contempt.
8. Unless otherwise required by the terms of a federal grant,
sell, exchange or otherwise dispose of personal property that has
been acquired by the State Department of Health, or any of its
components, when such property becomes obsolete or is no longer
needed; any money derived therefrom shall be deposited in the Public
Health Special Fund.
9. Sell films, educational materials, biological products and
other items produced by the State Department of Health; and all
proceeds therefrom shall be deposited in the Public Health Special
Fund.
10. Revoke or cancel, or suspend for any period up to one (1)
year, any license or permit issued under or pursuant to this Code,
or by the Commissioner, when the Commissioner determines that ground
therefor as prescribed by this Code exists, or that the holder of
such license or permit has violated any law, or any of the
provisions of this Code, or any rules or standards of the
Commissioner filed with the Secretary of State, but the Commissioner
shall first afford the holder an opportunity to show cause why the
license or permit should not be revoked, canceled or suspended,
notice of such opportunity to be given by certified United States
Mail to the holder of the license or permit at the last-known
address of such holder.
11. Accept, use, disburse and administer grants, allotments,
gifts, devises, bequests, appropriations and other monies and
property offered or given to the State Department of Health, or any
component or agency thereof, by any agency of the federal
government, or any corporation or individual.
12. Be the official agency of the State of Oklahoma in all
matters relating to public health which require or authorize
cooperation of the State of Oklahoma with the federal government or
any agency thereof; coordinate the activities of the State
Department of Health with those of the federal government or any
department or agency thereof, and with other states, on matters
pertaining to public health, and enter into agreements for such
purpose, and may accept, use, disburse and administer, for the
office of the Commissioner or for the State Department of Health,
Oklahoma Statutes - Title 63. Public Health and Safety Page 84
for any purpose designated and on the terms and conditions thereof,
grants of money, personnel and property from the federal government
or any department or agency thereof, or from any state or state
agency, or from any other source, to promote and carry on in this
state any program relating to the public health or the control of
disease, and enter into agreements for such purposes.
13. The State Commissioner of Health may appoint commissioned
peace officers, certified by the Council on Law Enforcement
Education and Training, to investigate violations of the Public
Health Code and to provide security to Department facilities.
14. Pursuant to Section 1-106 of this title, the State
Commissioner of Health shall appoint a Chief Medical Officer who
reports directly to the State Commissioner of Health.
15. The State Commissioner of Health shall, in consultation
with local and national organizations that provide education or
services related to epilepsy conditions, provide guidance to medical
doctors, osteopathic physicians, nurse practitioners, and physician
assistants who have the primary responsibility for treatment of a
person with epilepsy to assist in determining whether a patient is
at elevated risk for sudden unexpected death in epilepsy (SUDEP),
including, but not limited to, whether the patient has had
convulsive seizures, the frequency and recency of such seizures, and
whether the patient's symptoms have subsided in response to
medicinal or surgical treatment. The Chief Medical Examiner shall
provide to all employees of the Chief Medical Examiner's Office
information about sudden unexpected death in epilepsy (SUDEP).
Added by Laws 1963, c. 325, art. 1, § 106, operative July 1, 1963.
Amended by Laws 1980, c. 159, § 17, emerg. eff. April 2, 1980; Laws
1986, c. 148, § 1, emerg. eff. April 29, 1986; Laws 1987, c. 118, §
52, operative July 1, 1987; Laws 1987, c. 225, § 42, eff. July 1,
1987; Laws 1991, c. 293, § 4, emerg. eff. May 30, 1991; Laws 1995,
c. 230, § 20, eff. July 1, 1995; Laws 1997, c. 238, § 3, eff. Nov.
1, 1997; Laws 2004, c. 456, § 1, eff. Nov. 1, 2004; Laws 2022, c.
85, § 1, emerg. eff. April 26, 2022; Laws 2025, c. 377, § 3, eff.
Nov. 1, 2025.
§63-1-107. Public Health Special Fund.
There is hereby created in the State Treasury a revolving fund
to be known as the Public Health Special Fund. All monies, fees and
revenues collected, authorized or received from any source by the
State Commissioner of Health or the State Department of Health under
the provisions of this Code or any other law or any agreement shall,
unless otherwise expressly provided in this Code or other law, be
placed in said fund. Said fund shall be a continuing fund not
subject to fiscal year limitations. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Commissioner for the purpose of maintaining and
Oklahoma Statutes - Title 63. Public Health and Safety Page 85
operating the State Department of Health, and in administering and
executing the laws pertaining to the duties and functions of the
State Department of Health. Expenditures from said 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 1963, c. 325, art. 1, § 107, operative July 1, 1963.
Amended by Laws 1986, c. 312, § 13, operative July 1, 1986; Laws
2012, c. 304, § 473.
§63-1-107.1. Repealed by Laws 2002, c. 3, § 25, emerg. eff. Feb.
15, 2002.
§63-1-107.1A. Eldercare Revolving Fund.
A. There is hereby created in the State Treasury a Revolving
Fund for the State Department of Health to be designated the
"Eldercare Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies deposited to the credit of the fund by law.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for operation of local Eldercare case
management programs. A full accounting of the expenditures of the
program shall be sent to the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, and the
Governor by January 15 of each year. 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.
C. The Eldercare Revolving Fund shall not be used for the costs
the State Department of Health incurs in administering the local
programs.
D. The State Department of Health shall recognize and reimburse
indirect costs for Eldercare programs, administered by contractors,
if the costs are charged in accordance with an indirect cost
allocation plan developed in accordance with federal guidelines
established by the United States Office of Management and Budget
Circular A-87. In no case shall the State Department of Health
reimburse indirect costs in excess of twenty percent (20%) of total
direct salaries for Eldercare and Advantage program personnel.
Added by Laws 2002, c. 3, § 8, emerg. eff. Feb. 15, 2002. Amended
by Laws 2012, c. 304, § 474.
§63-1-107.2. Vaccine Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health, to be designated the "Vaccine
Revolving Fund". The fund shall be a continuing fund, not subject
Oklahoma Statutes - Title 63. Public Health and Safety Page 86
to fiscal year limitations, and shall consist of all monies
deposited to the credit of the fund by law. All monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the State Department of Health for the purchase of
vaccines. Expenditures from said 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 1992, c. 336, § 7, eff. July 1, 1992. Amended by Laws
2012, c. 304, § 475.
§63-1-107.3. Health Department Media Campaign Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health, to be designated as the "Health
Department Media Campaign Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies deposited to the credit of the fund by law.
All monies accruing to the credit of said fund shall be budgeted and
expended by the State Department of Health for media campaigns.
Expenditures from said 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 1993, c. 269, § 9, eff. Sept. 1, 1993. Amended by
Laws 2012, c. 304, § 476.
§63-1-107.4. Oklahoma Department of Health Civil Monetary Penalty
Revolving Fund.
A. There is hereby created in the State Treasury a fund for the
State Department of Health to be designated the "Oklahoma Department
of Health Civil Monetary Penalty Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations. It shall
consist of monies received by the State Department of Health which
emanate from fines and assessments against Oklahoma nursing homes
and other long-term and non-long-term care facilities found to be
noncompliant with federal conditions of participation.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health at the discretion of the Commissioner of Health
for the protection of the health or property of residents of nursing
facilities.
C. All expenditures shall be in compliance with requirements of
the Centers for Medicare and Medicaid 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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 87
D. The Commissioner of Health may request the Director of the
Office of Management and Enterprise Services to transfer monies
between the Oklahoma Department of Health Civil Monetary Penalty
Revolving Fund and any other fund of the Department, as needed for
the proper expenditure of funds.
Added by Laws 2013, c. 258, § 1, eff. Nov. 1, 2013.
§63-1-108. Federal funds - Grants and donations.
The State Treasurer shall act as custodian of funds received by
and allotted to the State Department of Health and to the State
Commissioner of Health by federal agencies, when requested to do so
by such federal agencies; and the State Budget Director shall
maintain a system of accounts for such funds, and each allotment of
funds shall be kept and accounted for as a separate fund. Such
funds shall be disbursed in the same manner as state appropriated
funds, except as may otherwise be requested by the federal agency
allotting the funds disbursed. Grants and donations from other
sources for public health purposes shall be similarly kept,
accounted for or disbursed if believed by the State Commissioner of
Health to be necessary or convenient to accomplish the purposes for
which the grants or donations were made.
Laws 1963, c. 325, art. 1, § 108.
§63-1-109. Right to choose practitioner.
Nothing in this Code shall prevent citizens of this state from
the free choice of any practitioner of the healing arts who is
licensed to practice his profession in the State of Oklahoma, nor
from the free choice of a duly-accredited religious practitioner of
any nationally recognized church or denomination who practices
healing by prayer or spiritual means alone in accordance with the
tenets and practices of such church or denomination, nor shall this
Code be construed to permit one legalized profession of the healing
arts to discriminate in any manner against any other profession of
the healing arts so licensed to practice its profession by the State
of Oklahoma.
Laws 1963, c. 325, art. 1, § 109.
§63-1-110.1. Children First Fund.
A. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
"Children First Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
deposited to the credit of the fund by law. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the State Department of Health for operation of
Children First family resource programs. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
Oklahoma Statutes - Title 63. Public Health and Safety Page 88
claims filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
B. The State Department of Health shall submit to the Speaker
of the House of Representatives, the President Pro Tempore of the
Senate, and the Governor by January 15 of each year, an annual
report, including a full accounting of administrative expenditures
from the fund for the prior fiscal year, and a summary detailing the
demographic characteristics of families served including, but not
limited to, the following:
1. Age and marital status of parent(s);
2. Household composition of families served;
3. Number of families accepted into the program, by location,
and average length of time enrolled;
4. Referrals made on behalf of families not accepted into the
program; and
5. Average actual expenditures per child during the most recent
state fiscal year.
C. Projects shall comply with the uniform components of the
State Plan for the Prevention of Child Abuse.
D. The Department shall forward to the Oklahoma Health Care
Authority a report of the total number of hours of nursing services
provided to families under Children First family resource programs.
The Oklahoma Health Care Authority shall submit such information to
the Centers for Medicaid and Medicare Services for purposes of
applying for federal matching funds and shall submit any necessary
applications for waivers to accomplish the provisions of this
subsection.
E. The State Department of Health shall contract with a
university-related program for a performance-based evaluation of
programs. Program sites shall fully cooperate and comply with the
evaluation process, and sites shall provide weekly caseload and
referral information to the State Department of Health.
Added by Laws 1997, c. 375, § 1, eff. Sept. 1, 1997. Amended by
Laws 1998, c. 392, § 5, eff. Sept. 1, 1998; Laws 2001, c. 356, § 5,
emerg. eff. June 4, 2001; Laws 2003, c. 103, § 1, eff. Nov. 1, 2003;
Laws 2012, c. 304, § 477.
§63-1-111.1. Repealed by Laws 2004, c. 29, § 1.
§63-1-114.1. Comprehensive Childhood Lead Poisoning Prevention
Program.
A. There is hereby established the Comprehensive Childhood Lead
Poisoning Prevention Program to be administered by the State
Department of Health.
B. The State Board of Health, giving consideration to the
recommendations of the Infant and Children's Health Advisory Council
created in Section 44 of this act, shall promulgate rules for:
Oklahoma Statutes - Title 63. Public Health and Safety Page 89
1. Lead toxicity screening of children ages six (6) months to
seventy-two (72) months;
2. The performance of verbal risk assessments on children ages
six (6) months to seventy-two (72) months;
3. The performance of blood lead tests when screening eligible
children for lead poisoning, provided that screening and testing for
Medicaid-eligible children shall be conducted in accordance with
existing federal law;
4. Setting standards for any developmental assessments for a
child identified as being lead poisoned;
5. Identifying as statewide screening requirements the minimum
laboratory tests or analysis for childhood lead poisoning to be
performed by medical providers for particular age or population
groups;
6. The determination of risk for each child tested;
7. Detailing the diagnosis, treatment and follow-up services
needed pursuant to the provisions of this act;
8. Providing for health education and counseling related to
childhood lead poisoning to parents and children; and
9. Assessments and lead hazard control as part of the treatment
and follow-up for a child identified as being lead poisoned.
Added by Laws 1994, c. 158, § 1, eff. Sept. 1, 1994. Amended by
Laws 2013, c. 229, § 45, eff. Nov. 1, 2013.
§63-1-114.2. Dental Health Service.
A. The Dental Health Service is hereby created within the State
Department of Health.
B. The Dental Health Service shall:
1. Plan, direct and coordinate all dental public health
programs with local, state, and national health programs;
2. Advise the Department on matters involving oral health; and
3. Plan, implement, and evaluate all oral health programs
within the Department.
C. The director of the Dental Health Service shall be an
experienced public health dentist licensed to practice under the
State Dental Act of Oklahoma.
Added by Laws 2007, c. 122, § 1, eff. Nov. 1, 2007.
§63-1-114.3. Hospitals, health clinics and ambulance services –
Display of sign warning of crime for assaulting medical professional
– Reporting for assaults on medical care providers.
A. Every hospital, health clinic and ambulance service shall
display at all times in a prominent place a printed sign with a
minimum height of twenty (20) inches and a minimum width of fourteen
(14) inches, with each letter to be a minimum of one-fourth (1/4)
inch in height, which shall read as follows:
Oklahoma Statutes - Title 63. Public Health and Safety Page 90
WARNING: ASSAULTING A MEDICAL PROFESSIONAL WHO IS ENGAGED IN THE
PERFORMANCE OF HIS OR HER OFFICIAL DUTIES IS A SERIOUS CRIME.
Section 650.4 of Title 21 of the Oklahoma Statutes.
B. Every hospital, health clinic and ambulance service shall
report by January 31 all assaults for the prior year on all medical
care providers in the facility, on facility property, or while
performing duties in an official capacity to the State Department of
Health on an annual basis without any identifying information
regarding the individual who was assaulted or who committed the
assault. The following data shall be provided to the Department:
1. An aggregate number of individuals assaulted annually;
2. The type of assault, either verbal, physical, and/or sexual;
3. Role of the perpetrator, either coworker, patient, or
patient's family; and
4. Location of the assault.
The State Department of Health shall have rulemaking authority to
implement the provisions of this section.
C. The State Department of Health shall not make public any
identifiable information in regard to facility, individual or
location of assaults, if such information is received. The
Department shall publish on its website, on an annual basis,
aggregate numbers for the data collected pursuant to subsection B of
this section.
Added by Laws 2020, c. 68, § 4, eff. Nov. 1, 2020. Amended by Laws
2023, c. 140, § 3, eff. Nov. 1, 2023.
§63-1-114.21. Public School Vision Screening Modernization
Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health to be designated the “Public
School Vision Screening Modernization Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies deposited to the credit of the fund
by law or from private funds donated for one or both of the purposes
listed in this section. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
State Department of Health for the following purposes:
1. Awarding grants to public schools as provided by Section 2
of this act; and
2. Collection of necessary vision screening data including, but
not limited to, through the cloud-based platform and data management
system described in Section 1210.284 of Title 70 of the Oklahoma
Statutes.
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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 91
Added by Laws 2024, c. 439, § 1, eff. July 1, 2024.
§63-1-114.22. Grants to public schools for vision-related equipment
and services.
A. The State Department of Health may award grants to public
schools from the Public School Vision Screening Modernization
Revolving Fund created in Section 1 of this act for the purpose of
assisting public schools in obtaining vision screening equipment,
collecting vision screening data, and obtaining related services to
fulfill the requirements of Section 1210.284 of Title 70 of the
Oklahoma Statutes.
B. The State Department of Health shall electronically submit
an annual report on all grants awarded under this section to the
President Pro Tempore of the Senate, the Speaker of the House of
Representatives, and the Governor by January 15 of each year.
Added by Laws 2024, c. 439, § 2, eff. July 1, 2024.
§63-1-115. Short title.
This act shall be known and may be cited as the "Oklahoma Health
Care Information System Act".
Added by Laws 1992, c. 347, § 1, eff. Sept. 1, 1992.
§63-1-116. Definitions.
When used in the Oklahoma Health Care Information System Act:
1. "Board" means the State Board of Health;
2. "Commissioner" means the State Commissioner of Health;
3. "Department" means the State Department of Health;
4. "Health care providers" means a hospital or related
institution licensed pursuant to Section 1-702 of this title,
nursing facilities licensed pursuant to Section 1-1903 of this
title, physicians as specified in paragraphs 1 through 6 of
subsection A of Section 725.2 of Title 59 of the Oklahoma Statutes,
physical therapists, physician assistants, pharmacists, nurses and
home health care providers licensed pursuant to the laws of this
state;
5. "Third-party payor" means any entity, other than a
purchaser, which is responsible for payment either to the purchaser
or the health care provider for health care services rendered by the
health care provider;
6. "Public-supported provider" means any public or private
entity supported in whole or in part by federal or state funds, or
any health care provider contracting with the state for providing
health care services including, but not limited to, Medicaid;
7. "Identifying information" means a program identifying number
assigned for purposes of statistical and data analysis, which
protects and maintains patient and physician anonymity. Identifying
Oklahoma Statutes - Title 63. Public Health and Safety Page 92
information shall remain confidential as provided in Section 1-120
of this title;
8. "Information providers" means and includes health care
providers, third-party payors or public-supported providers required
to report or submit information to the Division of Health Care
Information pursuant to the Oklahoma Health Care Information System
Act;
9. "Division" means the Division of Health Care Information;
and
10. "Health care information system" means the system for
receipt, collection, analysis, evaluation, processing, utilization
and dissemination of health care data established and maintained by
the Division of Health Care Information pursuant to the Oklahoma
Health Care Information System Act.
Added by Laws 1992, c. 347, § 2, eff. Sept. 1, 1992. Amended by
Laws 1993, c. 332, § 15; Laws 1994, c. 350, § 1, eff. Sept. 1, 1994;
Laws 1998, c. 389, § 3, eff. July 1, 1998; Laws 2000, c. 52, § 5,
emerg. eff. April 14, 2000; Laws 2022, c. 149, § 6, eff. Nov. 1,
2022.
§63-1-117. Legislative findings - Intent.
A. As a result of rising health care costs and concerns
expressed by health care providers, health care consumers, third-
party payors and the general public, and as a result of public
health information showing that Oklahoma has a higher death rate
than the national average, the Oklahoma Legislature finds that there
is an urgent need to establish and maintain, for the purposes of
accurately assessing the health of the public, health care planning
and cost containment, an information base for the State of Oklahoma
that will facilitate ongoing analysis and evaluation of patterns and
trends in the health status of Oklahomans, the utilization and costs
of health care services, and the capability of the various
components of the health care industry to provide needed services.
B. The Oklahoma Health Care Information System shall be
responsible for the development and operation of a method for
collecting, processing and disseminating health care data including,
but not limited to, quality, expenditure and utilization data. It
is the intent of the Legislature that a uniform set of data be
periodically and routinely compiled that will make possible the
ongoing analysis, comparison and evaluation of trends in the quality
and delivery of health care services in this state for the purpose
of effective health care planning by public and private entities,
cost containment, health facility development, and improving access
to and quality of care.
Added by Laws 1992, c. 347, § 3, eff. Sept. 1, 1992. Amended by
Laws 1998, c. 389, § 4, eff. July 1, 1998; Laws 2000, c. 332, § 1,
eff. July 1, 2000.
Oklahoma Statutes - Title 63. Public Health and Safety Page 93
§63-1-118. Division of Health Care Information - Powers and duties.
A. The Division of Health Care Information is hereby created
within the State Department of Health.
B. The Division shall:
1. Collect from providers health care information for which the
Division has established a defined purpose and a demonstrated
utility that is consistent with the intent of the provisions of
Section 1-117 et seq. of this title;
2. Establish and maintain a uniform health care information
system;
3. Analyze health care data submitted including, but not
limited to, geographic mapping of disease entities;
4. Provide for dissemination of health care data to users and
consumers;
5. Provide for the training and education of information
providers regarding processing and maintenance and methods of
reporting required information;
6. Be authorized to access all state agency health-related data
sets and shall develop mechanisms for the receipt of health care
data to the Division or its agent; provided, however, all provisions
for confidentiality shall remain in place;
7. Provide for the exchange of information with other agencies
or political subdivisions of this state, the federal government or
other states, or agencies thereof. The Division shall collaborate
with county health departments, including the Oklahoma City-County
Health Department and the Tulsa City-County Health Department, in
developing city-county based health data sets;
8. Contract with other public or private entities for the
purpose of collecting, processing or disseminating health care data;
9. Build and maintain the data base; and
10. In an effort to reduce deaths from sudden unexpected death
in epilepsy (SUDEP), develop an information program in the Injury
Prevention Service to be disseminated to the public and licensed
medical professionals to notify individuals with epilepsy of the
danger of SUDEP; and encourage the American Medical Association to
add a Current Procedural Terminology (CPT) Code for epilepsy
education by a medical service professional.
C. 1. The State Board of Health shall adopt rules governing
the acquisition, compilation and dissemination of all data collected
pursuant to the Oklahoma Health Care Information System Act.
2. The rules shall include, but not be limited to:
a. adequate measures to provide system security for all
data and information acquired pursuant to the Oklahoma
Health Care Information System Act,
b. adequate procedures to ensure confidentiality of
patient records,
Oklahoma Statutes - Title 63. Public Health and Safety Page 94
c. charges for users for the cost of data preparation for
information that is beyond the routine data
disseminated by the office, and
d. time limits for the submission of data by information
providers.
D. The Division shall adopt standard nationally recognized
coding systems to ensure quality in receiving and processing data.
E. The Division shall implement mechanisms to encrypt all
personal identifiers contained in any health care data upon
transmission to the State Department of Health, and all such data
shall remain encrypted while maintained in the Department's database
or while used by a contractor.
F. The Division may contract with an organization for the
purpose of data analysis. Any contract or renewal thereof shall be
based on the need for, and the feasibility, cost and performance of,
services provided by the organization. The Division shall require
any data analyzer at a minimum to:
1. Analyze the information;
2. Prepare policy-related and other analytical reports as
determined necessary for purposes of this act; and
3. Protect the encryption and confidentiality of the data.
G. The Board shall have the authority to set fees and charges
with regard to the collection and compilation of data requested for
special reports, and for the dissemination of data. These funds
shall be deposited in the Oklahoma Health Care Information System
Revolving Fund account.
H. The Division may accept grants or charitable contributions
for use in carrying out the functions set forth in the Oklahoma
Health Care Information System Act from any source. These funds
shall be deposited in the Oklahoma Health Care Information System
Revolving Fund.
Added by Laws 1992, c. 347, § 4, eff. Sept. 1, 1992. Amended by
Laws 1993, c. 332, § 16; Laws 1998, c. 389, § 5, eff. July 1, 1998;
Laws 2000, c. 332, § 2, eff. July 1, 2000; Laws 2001, c. 353, § 1,
eff. Nov. 1, 2001; Laws 2025, c. 377, § 4, eff. Nov. 1, 2025.
§63-1-119. Collection of health care data.
A. 1. The Division of Health Care Information within the State
Department of Health shall, in accordance with the rules of the
State Commissioner of Health, collect health care information from
information providers.
2. The information to be collected about information providers
may include, but shall not be limited to:
a. financial information including, but not limited to,
consumption of resources to provide services,
reimbursement, costs of operation, revenues, assets,
Oklahoma Statutes - Title 63. Public Health and Safety Page 95
liabilities, fund balances, other income, rates,
charges, units of service, wage and salary data,
b. service information including, but not limited to,
occupancy, capacity, and special and ancillary
services,
c. physician profiles in the aggregate by clinical
specialties and nursing services,
d. discharge data including, but not limited to,
completed discharge data sets or comparable
information for each patient discharged from the
facility after the effective date of this act, and
e. ambulatory care data including, but not limited to,
provider-specific and encounter data.
3. The Division shall implement a demonstration project for the
voluntary submission of ambulatory care data including, but not
limited to, submissions from federally qualified health centers,
migrant health programs and rural health clinics as defined in Title
3 of the Federal Public Health Service Act (PL 104-299), and the
Oklahoma Health Care Authority. The Division shall complete the
demonstration project by January 1, 2002.
4. The Division shall establish a phase-in schedule for the
collection of health care data. The phase-in schedule shall provide
that prior to January 1, 1994, only data currently collected shall
be required to be submitted to the Division. Thereafter, in the
collection of health care data, the Division shall whenever possible
utilize existing health data resources and avoid duplication in the
collection of health care data.
5. Except as provided by Section 1-120 of this title and as
otherwise authorized by the provisions of the Oklahoma Health Care
Information System Act, the provisions of the Oklahoma Health Care
Information System Act shall not be construed to lessen or reduce
the responsibility of the information provider with regard to:
a. the accuracy of the data or information submitted,
b. liability for release of the data or information to
the Division, data processor or as otherwise
authorized by this section, or
c. the preservation of confidentiality of such data or
information until submitted to the Division.
B. Upon the request of the State Department of Health, every
state agency, board or commission shall provide the Division of
Health Care Information with the health care data and other health
care information requested at no charge to the Department or the
Division. Except as otherwise provided by the Health Care
Information System Act for the purpose of statistical and similar
reports, information which is required by state or federal law to be
confidential shall not be transferred to any entity by the Division
unless a separate written agreement for such transfer has been
Oklahoma Statutes - Title 63. Public Health and Safety Page 96
executed with the state agency, board or commission providing the
information to the Division.
Added by Laws 1992, c. 347, § 5, eff. Sept. 1, 1992. Amended by
Laws 1993, c. 332, § 17; Laws 1994, c. 350, § 2, eff. Sept. 1, 1994;
Laws 1996, c. 221, § 5, eff. Nov. 1, 1996; Laws 1998, c. 389, § 6,
eff. July 1, 1998; Laws 2000, c. 332, § 3, eff. July 1, 2000; Laws
2022, c. 157, § 1, eff. Nov. 1, 2022.
§63-1-120. Confidentiality of data - Disclosure upon court order -
Immunity from liability.
A. Except as otherwise provided by Section 1-119 of this title,
the individual forms, computer tapes, or other forms of data
collected by and furnished to the Division of Health Care
Information or to a data processor pursuant to the Oklahoma Health
Care Information System Act shall be confidential and shall not be
public records as defined in the Oklahoma Open Records Act.
B. After approval by the State Department of Health, the
compilations prepared for release or dissemination from the data
collected, except for a report prepared at the request of an
individual data provider containing information concerning only its
transactions, shall be public records.
C. The confidentiality of identifying information is to be
protected and the pertinent statutes, rules and regulations of this
state and of the federal government relative to confidentiality
shall apply.
D. Identifying information shall not be disclosed, and shall
not be used for any purpose except for the creation and maintenance
of anonymous medical case histories for statistical reporting and
data analysis.
E. The Division or other state agency receiving information
pursuant to the Oklahoma Health Care Information System Act shall be
subject to the same confidentiality restrictions imposed by state or
federal law as the public or private agency providing the
information and is prohibited from taking any administrative,
investigative or other action with respect to any individual on the
basis of the identifying information. The Division data analyzer or
other state agency receiving information pursuant to the Oklahoma
Health Care Information System Act is further prohibited from
identifying, directly or indirectly, any individual in any report of
scientific research or long-term evaluation, or otherwise disclosing
identities in any manner.
F. Except as otherwise authorized by the Oklahoma Health Care
Information System Act, identifying information submitted to the
Division which would directly or indirectly identify any person
shall not be disclosed by the Division either voluntarily or in
response to any legal process, unless directed to by a court of
competent jurisdiction, granted after application showing good cause
Oklahoma Statutes - Title 63. Public Health and Safety Page 97
therefor with notice of the hearing to the Division. In assessing
good cause the court shall only grant such application if it seeks
to challenge the statistical efficacy of a finding made by the
Division or alleges a violation of confidentiality by the Division.
Such application shall then be granted only when the public interest
and the need for disclosure outweighs the injury to the person, to
the physician-patient relationship, and to the treatment services.
Upon the granting of such order, the court, in determining the
extent to which any disclosure of all or any part of any record is
necessary, shall impose appropriate safeguards against unauthorized
disclosure.
G. Any person who submits or receives data as required or
authorized by the Oklahoma Health Care Information System Act shall
be immune from liability in any civil action for any action taken as
required by the provisions of the Oklahoma Health Care Information
System Act. This immunity is in addition to any other immunity for
the same or similar acts to which the person is otherwise entitled.
H. Any person who violates the confidentiality provisions of
this section shall be punishable by a fine of Five Thousand Dollars
($5,000.00).
Added by Laws 1992, c. 347, § 6, eff. Sept. 1, 1992. Amended by
Laws 1993, c. 332, § 18; Laws 1994, c. 350, § 3, eff. Sept. 1, 1994;
Laws 1998, c. 389, § 7, eff. July 1, 1998; Laws 2001, c. 353, § 2,
eff. Nov. 1, 2001; Laws 2022, c. 157, § 2, eff. Nov. 1, 2022.
§63-1-121. Reports.
The State Department of Health shall issue reports no less than
annually which may include recommendations to the Oklahoma
Legislature for any change in the statutes needed to further the
purposes of the Oklahoma Health Care Information System Act. The
initial report shall be submitted by January 1, 1993. The initial
report shall include but not be limited to an implementation
schedule for the development and completion of the health care
information system and the status of compliance with the health care
information and data submission requirements of the Division. The
system shall be fully functional and operative by January 1, 1995.
Subsequent reports may include plans for expanding the uniform data
base to other medical providers including, but not limited to, all
licensed health care professionals or entities providing health care
services.
Added by Laws 1992, c. 347, § 7, eff. Sept. 1, 1992. Amended by
Laws 1993, c. 332, § 19; Laws 1998, c. 389, § 8, eff. July 1, 1998.
§63-1-122. Repealed by Laws 2022, c. 157, § 3, eff. Nov. 1, 2022.
§63-1-123. Repealed by Laws 1994, c. 283, § 23, eff. Sept. 1, 1994.
Oklahoma Statutes - Title 63. Public Health and Safety Page 98
§63-1-123.1. Transfer of powers, duties, etc. from Oklahoma Health
Care Authority to State Department of Health.
Effective July 1, 1998, all powers, duties, functions, personnel
and responsibilities vested in the Oklahoma Health Care Authority
for operation of the Oklahoma Health Care Information Systems Act
shall be transferred to the State Department of Health.
Added by Laws 1998, c. 389, § 10, eff. July 1, 1998.
§63-1-131. Repealed by Laws 2021, c. 515, § 3, emerg. eff. May 24,
2021.
§63-1-132. Repealed by Laws 2021, c. 515, § 4, emerg. eff. May 24,
2021.
§63-1-132.1. Office of the State Coordinator for Health Information
Exchange.
A. There is hereby created the Office of the State Coordinator
for Health Information Exchange within the Oklahoma Health Care
Authority.
B. The Office shall have the power and duty to oversee the
state-designated entity for health information exchange, as
described under Section 1-133 of Title 63 of the Oklahoma Statutes.
C. The Office shall consist of the State Coordinator for Health
Information Exchange, who shall be appointed by and serve at the
pleasure of the Administrator of the Authority, and such other
employees of the Authority as the Administrator may assign to the
Office.
Added by Laws 2022, c. 250, § 1, eff. July 1, 2022.
§63-1-133. State-designated entity for health information exchange
– Data exchange by health care providers.
A. As used in this section:
1. "Health information exchange" means the electronic movement
of health-related information among organizations according to
nationally recognized standards for purposes including, but not
limited to, payment, treatment, and administration; and
2. "Health information exchange organization" means an entity
whose primary business activity is health information exchange and
which is governed by its stakeholders.
B. The State of Oklahoma:
1. Shall designate a health information exchange organization
as the state-designated entity for health information exchange;
2. Shall establish a transition plan to ensure continued
operation of the health information exchange; and
3. May temporarily serve as the state-designated entity as part
of the transition plan described in paragraph 2 of this subsection.
Oklahoma Statutes - Title 63. Public Health and Safety Page 99
C. Beginning July 1, 2023, all health care providers as defined
by the rules promulgated by the Oklahoma Health Care Authority Board
and who are licensed by and located in this state may report data to
and utilize the state-designated entity. The Office of the State
Coordinator for Health Information Exchange may, as provided by
rules promulgated by the Board, allow exemptions from the
requirement provided by this subsection on the basis of financial
hardship, size, or technological capability of a health care
provider or such other bases as may be provided by rules promulgated
by the Board.
D. 1. A person who participates in the services or information
provided by the state-designated entity shall not be liable in any
action for damages or costs of any nature that result solely from
the person's use or failure to use information or data from the
state-designated entity that was entered or retrieved under relevant
state or federal privacy laws, rules, regulations, or policies
including, but not limited to, the Health Insurance Portability and
Accountability Act of 1996.
2. A person shall not be subject to antitrust or unfair
competition liability based on participation with the state-
designated entity as long as the participation provides an essential
governmental function for the public health and safety and enjoys
state action immunity.
E. A person who provides information and data to the state-
designated entity retains a property right in the information or
data, but grants to the other participants or subscribers a
nonexclusive license to retrieve and use that information or data
under relevant state or federal privacy laws, rules, regulations, or
policies including, but not limited to, the Health Insurance
Portability and Accountability Act of 1996.
F. Patient-specific protected health information shall only be
disclosed in compliance with relevant state or federal privacy laws,
rules, regulations, or policies including, but not limited to, the
Health Insurance Portability and Accountability Act of 1996.
G. The Oklahoma Health Care Authority Board shall promulgate
rules to implement the provisions of this section.
Added by Laws 2021, c. 515, § 1, emerg. eff. May 24, 2021. Amended
by Laws 2022, c. 250, § 2, eff. July 1, 2022; Laws 2024, c. 243, §
1, eff. Nov. 1, 2024.
§63-1-201. County board of health - Membership.
There is hereby created in each county of the state a county
board of health, which shall consist of five (5) members, who shall
serve without compensation, and who shall be residents of the
county, appointed as follows:
Oklahoma Statutes - Title 63. Public Health and Safety Page 100
(a) The State Commissioner of Health shall appoint one member,
whose term shall expire on June 30, 1964, and each four (4) years
thereafter.
(b) The State Commissioner of Health shall appoint another
member, whose term shall expire on June 30, 1965, and each four (4)
years thereafter.
(c) The judge of the district court shall appoint one member,
who shall be the holder of a school administrator's certificate
issued by the State Board of Education, and whose term of office
shall expire on June 30, 1966, and each four (4) years thereafter.
(d) The Board of County Commissioners shall appoint one member,
who shall be a doctor of medicine, doctor of osteopathy, or, if no
doctor of medicine or doctor of osteopathy is available, the board
of county commissioners may appoint a dentist, optometrist, or
registered nurse. The term of office of such member shall expire on
June 30, 1967, and each four (4) years thereafter.
(e) The board of county commissioners shall appoint another
member who may be a member of the board of county commissioners, and
who shall serve at the pleasure of the board of county
commissioners.
Laws 1963, c. 325, art. 2, § 201.
§63-1-202. County board of health - Powers and duties.
The county board of health shall have the following powers and
duties:
1. Organize by electing a chair and other necessary officers
annually and meet at such times, in such manner and upon such notice
as the board shall prescribe. Provided, that the board shall meet
at least two times each year;
2. Establish and maintain a county department of health, if the
same, in the opinion of the board, will be to the best interest of
the county;
3. Enter into agreements with county boards of health of other
counties, and with the governing boards or boards of health of
cities, towns and school districts lying wholly or partly in the
county;
4. Prepare and submit to the county excise board, annually, an
estimate of its needs, and needs for the operation of the county
department of health, if any, or for its proportionate part of the
costs of operation of a district or cooperative department of
health, if it has entered into an agreement therefor;
5. Advise with the State Commissioner of Health on matters
pertaining to public health in the county, and as to the appointment
of the county superintendent of health or the medical director of
the county, district or cooperative department of health; and
6. Adopt regulations, which shall be subject to the approval of
the State Commissioner of Health and shall not be more stringent
Oklahoma Statutes - Title 63. Public Health and Safety Page 101
than state law and rules and regulations of the State Board of
Health, to protect the public health in the county in emergencies.
Added by Laws 1963, c. 325, art. 2, § 202, operative July 1, 1963.
Amended by Laws 2009, c. 132, § 1, eff. Nov. 1, 2009; Laws 2021, c.
297, § 1, eff. Nov. 1, 2021.
§63-1-203. County superintendent of health - Appointment -
Compensation.
(a) There is hereby created the office of county superintendent
of health for each county that does not maintain a county department
of health and that does not participate in the maintenance of a
district department of health.
(b) The county superintendent of health shall be a regularly
practicing physician, of good standing and of good moral character,
and shall be a resident of the county for which he is appointed. He
shall be appointed by, and shall serve at the pleasure of, the State
Commissioner of Health. He shall be compensated for his services at
a rate to be fixed by the board of county commissioners, subject to
the following limitations: In counties having a population of not
more than ten thousand (10,000), as shown by the last preceding
Federal Decennial Census, he shall be paid not less than Two Hundred
Dollars ($200.00) per annum; in counties having such a population of
more than ten thousand (10,000) and not more than twenty thousand
(20,000), he shall be paid not less than Three Hundred Dollars
($300.00) per annum; in counties having such a population of more
than twenty thousand (20,000) and not more than forty thousand
(40,000), he shall be paid not less than Five Hundred Dollars
($500.00) per annum; in counties having such a population of more
than forty thousand (40,000) and not more than fifty thousand
(50,000), he shall be paid not less than Seven Hundred Dollars
($700.00) per annum; and in counties having such a population in
excess of fifty thousand (50,000), he shall be paid not less than
One Thousand Five Hundred Dollars ($1,500.00) per annum.
Laws 1963, c. 325, art. 2, § 203.
§63-1-204. County superintendent of health - Powers and Duties.
The county superintendent of health, under the supervision of
the State Commissioner of Health, shall have the following powers
and duties: Abolish nuisance that are inimical to public health;
isolate persons infected with dangerous, communicable infectious or
contagious diseases, and take appropriate action to control or
suppress, or to prevent the occurrence or spread of such diseases;
enforce emergency health regulations the County Board of Health;
enforce the provisions of this Code, and rules and regulations of
the state board of health, that are applicable to his county; and
perform such other duties and functions as may be required of him by
the Commissioner.
Oklahoma Statutes - Title 63. Public Health and Safety Page 102
Laws 1963, c. 325, art. 2, § 204.
§63-1-205. County, district and cooperative departments of health -
Medical director - Contracts for public health services.
A. The county board of health may, with the approval of the
State Commissioner of Health, establish and maintain a county
department of health, the maintenance and operation of which is
hereby declared to be a function of county government for which
appropriations may be made from the general fund of the county and
the proceeds of a levy made in accordance with Section 9A of Article
X of the Oklahoma Constitution.
B. The county boards of health of two or more counties may,
with the approval of the Commissioner, form a health district
composed of such counties for public health purposes. The health
district may have a district department of health which shall be
operated, in such counties, in the same manner as county departments
of health. A health district may also be comprised of multiple
county health departments operating under agreement to share
resources for purposes of enhancing health outcomes for the member
counties, provided costs are allocated in proportion to resources
utilized by each county.
C. Cooperative departments of health may be formed by agreement
between the county board of health of any county maintaining a
county department of health, or the county boards of health of
counties in a health district, and the governing boards of cities,
towns, and school districts lying wholly or partly in such county or
health district. Any such agreement shall stipulate what health
services will be provided to the cities, towns and school districts,
which may be all or any of the services that may be provided by a
county department of health, and shall also fix the amounts of funds
to be paid by the cities, towns, and school districts for the
services. All agreements made under the provisions of this section
shall be subject to the approval of the State Commissioner of
Health.
D. A county department of health, a district department of
health and a cooperative department of health shall be under the
direction of a medical director, who shall perform his or her duties
under the supervision of the Commissioner, and who shall, in
addition to other duties, perform the same powers, duties and
functions in the county, in the health district, or in the
cooperative department, as is provided by law for county
superintendents of health. The Commissioner shall appoint and fix
the duties and compensation of the medical director, who shall be a
physician licensed under the laws of this state, and shall employ
and fix the duties and compensation of such other personnel as the
Commissioner deems necessary for the operation of the county
department of health, the district department of health, or the
Oklahoma Statutes - Title 63. Public Health and Safety Page 103
cooperative department of health, all such personnel to be employed
under provisions of the Oklahoma Personnel Act and paid by state
warrant. Reimbursements to the State Department of Health shall be
paid by the county from the Section 9A of Article X of the Oklahoma
Constitution mill levy revenues, payable for the benefit of such
county health department, district department of health, or the
cooperative department of health and payable within thirty (30) days
of receipt of an invoice therefor. Provided that, in any such local
health department operating under the direction of a medical
director who serves less than full time, the Commissioner may
delegate nonmedical administrative duties to another employee of the
county, district, or cooperative health department.
E. The board of health or board of county commissioners of any
county may contract with the board of health or board of county
commissioners of any county or the State Department of Health to
provide the county any or all public health services. The county
receiving the services shall pay for the rendering of services
according to a schedule of fees and payments mutually agreed upon by
the the county or counties affected. Such schedule of fees and
payments shall be equal to the cost of the services provided.
Added by Laws 1963, c. 325, art. 2, § 205, operative July 1, 1963.
Amended by Laws 1967, c. 260, § 1, emerg. eff. May 8, 1967; Laws
1975, c. 4, § 1, emerg. eff. Feb. 7, 1975; Laws 1978, c. 284, § 1,
emerg. eff. May 10, 1978; Laws 1990, c. 265, § 36, operative July 1,
1990; Laws 2021, c. 297, § 2, eff. Nov. 1, 2021.
§63-1-206. Functions of health departments.
A. A county department of health, a district department of
health, a cooperative department of health, and a city-county
department of health shall, in their respective jurisdictions:
1. Maintain programs for disease prevention and control, health
education, guidance, maternal and child health, including school
health services, health in the working environment, nutrition and
other matters affecting the public health;
2. Provide preventive services to the chronically ill and aged;
3. Maintain vital records and statistics;
4. Assist the State Commissioner of Health in the performance
of official duties, and perform such other acts as may be required
by the Commissioner; and
5. Enter into written agreements with the governing body of any
municipality or county for the performance of services within the
respective jurisdictions and authorities that are necessary and
proper pursuant to the authority granted to municipalities and
counties by the Constitution and the laws of this state.
B. A county department of health, a district department of
health, a cooperative department of health, and a city-county
Oklahoma Statutes - Title 63. Public Health and Safety Page 104
department of health may maintain programs for mental health and day
care for children.
C. Nothing contained herein relating to pollution shall be in
conflict with the existing jurisdiction of any other state
environmental agency.
D. Except as otherwise provided by law, responsibility for the
licensing and inspection of nursing facilities and specialized
facilities, as defined in the Nursing Home Care Act and for the
enforcement of state health and safety standards applicable to such
facilities, shall be reserved to the State Department of Health and
shall be exercised pursuant to the provisions of the Nursing Home
Care Act.
E. Except as otherwise provided by law, responsibility for the
licensing and inspection of any establishment where food or drink is
offered for sale or sold, in accordance with the provisions of
Section 1-1118 of this title, and for the enforcement of state
health and safety standards applicable to such establishments, shall
be reserved to the State Department of Health.
Added by Laws 1963, c. 325, art. 2, § 206, operative July 1, 1963.
Amended by Laws 1967, c. 260, § 2, emerg. eff. May 8, 1967; Laws
1993, c. 145, § 303, eff. July 1, 1993; Laws 1995, c. 230, § 1, eff.
July 1, 1995; Laws 1998, c. 314, § 9, eff. July 1, 1998.
§63-1-206.1. Nonphysician services - Fees - Agreements to provide
services - Disposition of funds.
A. County, district, cooperative and city-county health
departments, with the approval of the State Commissioner of Health,
may collect fees for health services such as nursing, chronic
disease screening, immunizations, maternal and child health
services, genetic services, physical therapy, occupational therapy,
dietetic, social work and home health aid given to patients in their
homes, for mental health and guidance services and for dental care
rendered in facilities operated by said departments, and may collect
fees for such services as shall be authorized by the State Board of
Health. Such fees shall be collected from persons financially able
to pay for such services, and from insurers, governmental agencies
or other persons obligated to reimburse for such services, and shall
be collected in accordance with a schedule of fees approved by the
State Commissioner of Health.
B. Fees for environmental services may be collected with the
approval of the Executive Director of the Department of
Environmental Quality as authorized by the Environmental Quality
Board.
C. County, district, cooperative, and city-county health
departments may enter into agreements with individuals and with
public and private agencies to provide health services enumerated in
subsection (a) of this section to said health departments and also
Oklahoma Statutes - Title 63. Public Health and Safety Page 105
to supply these services to organizations or agencies. Such
agreements shall be subject to approval of the State Commissioner of
Health, and shall specify services to be performed and amounts to be
paid.
D. Money received by a county, district, or city-county health
department pursuant to a contractual arrangement, as fees for
services, or from some other source, shall be deposited with the
county treasurer in the county where earned as provided for in
Section 681 of Title 19 of the Oklahoma Statutes.
E. With the approval of the State Commissioner of Health, such
funds shall be transferred, in accordance with provisions of
Sections 683 and 684 of Title 19 of the Oklahoma Statutes, and added
to specified items of the Health Department's appropriations, and no
further action or appropriation by the county excise board shall be
required to make such available for expenditure. The county board
of health, the city-county board of health, or a person designated
to act on behalf of either board is authorized to effect transfer of
these funds, and to specify the item or items of appropriation to
which they are to be added, in accordance with the State Health
Commissioner's approval.
Added by Laws 1968, c. 266, § 1, emerg. eff. April 29, 1968.
Amended by Laws 1979, c. 117, § 1; Laws 1984, c. 162, § 1, emerg.
eff. May 1, 1984; Laws 1993, c. 145, § 304, eff. July 1, 1993.
§63-1-207. Cooperative departments of health - Agreements for.
Cooperative departments of health may be formed by agreement
between the county board of health of any county maintaining a
county department of health, or the county boards of health of
counties in a health district, and the governing boards of cities,
towns, and school districts lying wholly or partly in such county or
health district. Any such agreement shall stipulate what health
services will be provided to the cities, towns, and school
districts, which may be all or any of the services that may be
provided by a county department of health, and shall also fix the
amount of funds to be paid by the cities, towns, and school
districts for the services. All agreements made under the provisions
of this section shall be subject to the approval of the State
Commissioner of Health.
Laws 1963, c. 325, art. 2, § 207.
§63-1-208. Funds for operation of health departments.
A. It shall be the duty of the county excise board of each
county if funds are available to make necessary appropriations to
provide sufficient funds to pay the amounts due under any agreement
entered into by the county board of health, or by any city, town, or
school district of the county, for or in connection with a district
department of health or a cooperative department of health; and such
Oklahoma Statutes - Title 63. Public Health and Safety Page 106
funds shall be accounted for, obligated, expended and disbursed as
directed by the State Commissioner of Health, who may require any or
all such funds to be combined with others to be used for similar or
related purposes.
B. The Commissioner may enter into agreements with county
boards of health, and with city-county boards of health, whereby
state funds will be used in conjunction with county funds for the
operation of county, district, cooperative and city-county
departments of health. The Commissioner may pay such funds on a
reimbursement or percentage of budgetary expenditures basis, or
other basis; and if directed to do so by the Commissioner, the
county clerk shall add the amount of any such funds to specified
items of appropriation, and no further action or appropriation by
the county excise board shall be required to make such funds
available for expenditure.
C. Counties may, for the purposes of enhancing access to health
initiatives and maximizing operational impact, agree to combine
resources including county millage in a manner designating one
county as the operational hub. In doing so, the millage provided by
each county within the consortium shall be expended or reserved for
the county of origin, ensuring each county's millage investment is
expended for the benefit of the county residents.
Added by Laws 1963, c. 325, art. 2, § 208, operative July 1, 1963.
Amended by Laws 1967, c. 260, § 3, emerg. eff. May 8, 1967; Laws
2021, c. 297, § 3, eff. Nov. 1, 2021.
§63-1-208.1. Regional guidance centers and services.
(a) The State Board of Health may establish regional guidance
centers for regions designated by the Board, such regions to be
selected by the Board on the basis of area, geographical location,
population, and other factors deemed essential to indicate a need
for guidance services. The center for a region shall be in a county
having a county department of health or participating in a
cooperative, district, or city-county department of health, and
shall be under the administrative direction of the medical director
of the county, cooperative, district, or city-county department of
health, and under the supervision of the State Commissioner of
Health. The county board of health or the city-county board of
health of a county served by a regional guidance center and the
State Commissioner of Health may enter into agreements for payment
of operating expenses of the center, and the county board of health,
or city-county board of health, may include an amount for its part
of the costs in its budget or annual estimate of needs.
(b) The State Board of Health shall adopt rules, regulations,
and standards for the operation of regional guidance centers, and to
carry out the purposes of this section; and may formulate a schedule
of fees to be charged for guidance services furnished to persons who
Oklahoma Statutes - Title 63. Public Health and Safety Page 107
are financially able to pay for the services. The State Board of
Health may enter into agreements with individuals and with public or
private agencies for services to be furnished to a guidance center
and may also enter into agreements to furnish guidance services to
public or private agencies. All fees collected shall be remitted to
the State Commissioner of Health, who shall deposit the same in a
special account in the State Treasury. Such fees shall be accounted
for by region of source and shall be used by the State Commissioner
of Health to provide guidance services in the regions from which the
fees are derived. County funds payable under agreements entered
into under provisions of the preceding paragraph shall be accounted
for, obligated, expended and disbursed as directed by the State
Commissioner of Health. Provided, however, that by agreement
between a county or city-county board of health and the Commissioner
of Health, such county funds may be remitted to the State
Commissioner of health who shall deposit such funds in the same
special account in the State Treasury created for fees collected and
shall be disbursed as is provided for fees.
(c) Guidance services furnished in a region under the provisions
of this section shall, subject to existing laws, include evaluation,
counseling, and referral for treatment, when indicated, of
individuals with emotional or behavioral problems, and other persons
in need of guidance services; consultant services to law enforcement
agencies, schools, courts, other state or local agencies, and other
persons or agencies concerned with persons or families with mental
health and/or child development problems; and other guidance
services that are now or may be in the future authorized to be
performed by the State Department of Health or local departments of
health.
Laws 1963, c. 370, § 10; Laws 1967, c. 260, § 4, emerg. eff. May 8,
1967.
§63-1-209. Cities and towns - Health authorities - Licensing and
Inspection - Ordinances.
A. 1. Except as may be otherwise provided by city charter, the
governing board of each city or incorporated town shall serve, ex
officio, as the board of health for such city or town, and shall
appoint, and fix the duties and compensation of, a health officer
and other personnel to enforce the ordinances of such city or town
relating to public health.
2. Except as otherwise provided by this subsection, the
governing board may adopt such ordinances and rules as it deems
necessary for the protection of the public health, provided such
ordinances and rules are not inconsistent with state laws or rules
of the State Board of Health. The governing board shall enforce
such laws and rules as may be required by the State Commissioner of
Health and may, by agreement with the medical director of the county
Oklahoma Statutes - Title 63. Public Health and Safety Page 108
or district department of health, delegate to such department the
authority to enforce ordinances of the city or town relating to
public health. Except as otherwise provided by law, responsibility
for licensing, regulation and inspection of nursing facilities and
specialized facilities, as defined in the Nursing Home Care Act and
for enforcement of state health and safety standards applicable to
such facilities, shall be reserved to the State Department of Health
and shall be exercised pursuant to the provisions of the Nursing
Home Care Act.
3. Except as otherwise provided by law, responsibility for the
licensing and inspection of any establishment where food or drink is
offered for sale or sold, in accordance with the provisions of
Section 1-1118 of this title, and for the enforcement of state
health and safety standards applicable to such establishments, shall
be reserved to the State Department of Health. Any such rules
adopted by a governing body of a city or town relating to an
establishment where food or drink is offered for sale or sold shall
not be more stringent than the rules for such establishments adopted
by the State Board of Health; provided, that rules adopted prior to
May 31, 2008, which directly relate to training and permit
requirements for food managers and food handlers and fees related to
such establishments shall, in addition to the license fee required
by the State Board of Health, be exempt from the provisions of this
subsection.
B. The governing board of each city or incorporated town may
adopt and enforce such ordinances as it deems necessary for the
protection of the environment, provided such ordinances are not
inconsistent with state laws or rules of the Environmental Quality
Board. The governing board may, by agreement with the Department of
Environmental Quality, delegate to the local representative of the
Department of Environmental Quality the authority to investigate
ordinances of the city or town relating to the environment and
submit such investigative results to the clerk of the city or town.
Added by Laws 1963, c. 325, art. 2, § 209, operative July 1, 1963.
Amended by Laws 1993, c. 145, § 305, eff. July 1, 1993; Laws 1995,
c. 230, § 2, eff. July 1, 1995; Laws 1998, c. 314, § 10, eff. July
1, 1998; Laws 2009, c. 132, § 2, eff. Nov. 1, 2009.
§63-1-209.1. County boards of health as sponsoring agency for
National Health Service Corps assignees.
There is hereby created authority for county boards of health as
established under Title 63, Chapter 1, Public Health Code, Section
1-202, to be the sponsoring agency for our National Health Service
Corps assignees as established by Public Law 91-623, known as the
Emergency Health Personnel Act of 1970. This authority with the
concurrence of the Commissioner of Health shall extend to include
the sponsoring agency establishing rules of collection of fees for
Oklahoma Statutes - Title 63. Public Health and Safety Page 109
such personnel and disbursement of the fees in accordance with
agreements reached by the U.S. Public Health Service in the
assignment of Corps personnel under the sponsorship of the county
health board.
Laws 1972, c. 184, § 13, emerg. eff. April 7, 1972.
§63-1-210. City-county board of health in certain counties -
Membership.
A. There is hereby created in any county of this state with a
population of more than five hundred thousand (500,000), according
to the latest Federal Decennial Census, a city-county board of
health composed of nine (9) members.
B. The membership of the board shall be composed of five
members appointed by the city council of such city, or city
commission, whichever applies, and four members appointed by the
board of county commissioners of such county. Each member shall
serve a term of six (6) years, except, that of the members initially
appointed by the city council, or city commission, whichever
applies, one member initially appointed shall serve a term of two
(2) years, one member initially appointed shall serve a term of
three (3) years, one member initially appointed shall serve a term
of four (4) years, one member initially appointed shall serve a term
of five (5) years, and one member initially appointed shall serve a
term of six (6) years; provided, however, that in any such city
having a city board of health created under its charter provisions,
the members of such city board of health and the tenure of the city
board of health members of the city-county board of health shall be
coterminous with the city board of health. Of the members initially
appointed by the board of county commissioners, one member initially
appointed shall serve a term of two (2) years, one member initially
appointed shall serve a term of three (3) years, one member
initially appointed shall serve a term of five (5) years, and one
member initially appointed shall serve a term of six (6) years. The
appointing authority shall appoint new members as the terms of
office of its initial appointees expire. Wherever a city-county
board of health is now in existence, the current board members shall
be retained, until the termination of their present appointment, by
the appointing authorities.
C. A county board of health in any county of this state with a
population of more than two hundred twenty-five thousand (225,000),
but not more than five hundred thousand (500,000), according to the
latest Federal Decennial Census, may create a city-county board of
health as provided in this section composed of members as provided
by Section 1-201 of this title.
Added by Laws 1963, c. 325, art. 2, § 210, operative July 1, 1963.
Amended by Laws 2018, c. 143, § 1, eff. Nov. 1, 2018; Laws 2020, c.
43, § 1, eff. Nov. 1, 2020.
Oklahoma Statutes - Title 63. Public Health and Safety Page 110
§63-1-211. Organization - Meetings - Compensation.
Such city-county board of health shall organize by electing a
chairman and other necessary officers and shall meet at such times,
in such manner, and upon such notice as the board shall prescribe;
provided, that at least one meeting shall be held annually. The
members of such board shall serve without compensation.
Laws 1963, c. 325, art. 2, § 211.
§63-1-212. Powers and duties of city - county board of health.
It shall be the duty of the city-county board of health to
recommend ordinances, rules and regulations to the governing body of
any city or town within its jurisdiction and to the board of county
commissioners of the county within which such board exists in
matters pertaining to the preservation and promotion of public
health, and to assist in the formulation and adoption of uniform
health ordinances, rules and regulations within the jurisdiction of
such board. Such board, in addition to the powers and duties set
forth in Sections 210 to 218 of this article, shall have all the
powers, rights and duties which are now or may hereafter be
conferred by the statutes of this state upon city or county boards
of health, except the making of rules and regulations.
Laws 1963, c. 325, art. 2, § 212.
§63-1-212.1. Peace officer certificates for certain employees.
Any employee of a city-county health department who is serving
as a peace officer shall obtain a certificate as provided in Section
3311 of Title 70 of the Oklahoma Statutes.
Added by Laws 1987, c. 206, § 38, operative July 1, 1987; Laws 1987,
c. 236, § 24, emerg. eff. July 20, 1987.
§63-1-213. Board of county commissioners - Rules and regulations -
Fees.
A. The board of county commissioners in any county that
qualifies under Section 210 of this article is hereby authorized and
empowered to make and enforce all reasonable rules and regulations
with regard to the preservation and promotion of public health;
provided, that any such rules or regulations shall have first been
recommended or approved by the city-county board of health, and
further provided that such rules and regulations shall not be
inconsistent with state laws or rules and regulations of the State
Board of Health. Such rules and regulations shall be operative
throughout the county, except within the limits of incorporated
cities and towns. Any such rules adopted by county commissioners
relating to an establishment where food or drink is offered for sale
or sold shall not be more stringent than the rules for such
establishments adopted by the State Board of Health; provided, that
Oklahoma Statutes - Title 63. Public Health and Safety Page 111
rules adopted prior to May 31, 2008, which directly relate to
training and permit requirements for food managers and food handlers
and fees related to such establishments shall, in addition to the
license fee required by the State Board of Health, be exempt from
the provisions of this subsection.
B. The board of county commissioners is also authorized to
provide for the levying and collection of fees for services
performed by such city-county health department outside the
boundaries of incorporated cities and towns within such county. Any
person who violates any rule or regulation made by such board of
county commissioners under the authority of this section shall be
guilty of a misdemeanor.
Added by Laws 1963, c. 325, art. 2, § 213. Amended by Laws 2009, c.
132, § 3, eff. Nov. 1, 2009.
§63-1-214. City-county health departments - Agreement for creation
- Powers - Medical director and other employees.
A. The board of county commissioners of any county and the
governing body of any city which qualify under Section 1-210 of this
title shall enter into an agreement providing for the creation of a
city-county health department, and such contracting bodies shall by
agreement provide for the method of operation thereof, the selection
of a director of such department, and the proportionate share of
personnel and/or money that each shall contribute for the operation
and support of such department.
B. Unless an agreement made pursuant to subsection A of this
section specifically provides otherwise, any judgment against the
city-county health department or the city-county board of health
shall be treated as a judgment against the county and may be paid
from a sinking fund established pursuant to Section 28 of Article X
of the Oklahoma Constitution in the manner that other judgments
against the county are paid.
C. Unless an agreement made pursuant to subsection A of this
section specifically provides otherwise, a city-county health
department shall have the power to own, acquire, lease, or dispose
of real property in the performance of local public health
functions, duties, and responsibilities.
D. The qualifications of the director shall be determined by
the city-county board of health, with the advice of the State
Commissioner of Health, and subject to approval by the governing
body of the city and the board of county commissioners of the
county. The director, with the approval of the city-county board of
health, the board of county commissioners of the county, and the
governing body of the city, or the city manager in cities having a
managerial form of government, shall appoint other personnel of the
department.
Oklahoma Statutes - Title 63. Public Health and Safety Page 112
E. The employees of a city-county health department shall
possess minimum qualifications as set forth in a system of personnel
administration delineating job specifications and a compensation
plan adopted by the city-county board of health, and approved by the
State Commissioner of Health, the board of county commissioners and
the governing body of the city. By March 1, 1991, the city-county
health department shall establish a personnel, merit and promotion
system which shall be approved by the Commissioner of Public Health.
The employees shall also be eligible for membership in any life or
health insurance plan of the county and the county retirement
program, subject to the same conditions or restrictions that apply
to county employees. Any state employees officed or located at or
assigned to a city-county health department shall be subject to the
state system of personnel administration and shall be eligible for
membership in the state employees insurance and retirement programs.
F. Such city-county health department shall, under the
supervision of the director, enforce and administer all municipal
and county ordinances, rules and regulations, and all state laws,
and rules and regulations of the State Board of Health pertaining to
public health matters in the jurisdiction where it is created, or in
any area where it has jurisdiction to operate by agreement.
G. A city-county health department may perform any and all
health-related services, within the scope of practice, as prescribed
by law, by the city-county board of health, or by standards of care
for medical services. When a city-county health department provides
a health-related service to any person covered by an applicable
health insurance plan, the city-county health department may submit
a claim for said service to the appropriate insurance company,
health maintenance organization or preferred provider organization.
Upon receipt of the claim, said insurance company, health
maintenance organization or preferred provider organization shall
reimburse the city-county health department for the service provided
in accordance with the standard and customary rate schedule
established by the plan. All health insurance plans, doing business
in Oklahoma, shall recognize the public health service delivery
model utilized by the city-county health department, as an
appropriate provider of services for reimbursement. All insurance
reimbursement payments collected shall become a part of the general
revenue of the unit of government levying the same.
Added by Laws 1963, c. 325, art. 2, § 214, operative July 1, 1963.
Amended by Laws 1990, c. 239, § 1, eff. Sept. 1, 1990; Laws 2006, c.
279, § 2, eff. Nov. 1, 2006; Laws 2010, c. 198, § 1, eff. Nov. 1,
2010; Laws 2011, c. 105, § 3, eff. Nov. 1, 2011.
§63-1-215. Duties of director of city-county health department.
The director of the city-county health department shall direct
and supervise all public health activities in the county, except in
Oklahoma Statutes - Title 63. Public Health and Safety Page 113
incorporated cities and towns which are not governed by the
provisions of Sections 210 to 218 of this article, and which have
not entered into any agreement for the operation of the health
department of such city or town. Such director shall administer and
enforce all municipal and county ordinances and rules relating to
public health matters, and he shall also administer state laws, and
rules of the State Board of Health pertaining to public health,
subject to administrative supervision of the State Commissioner of
Health. Any other powers, authority, duties or functions which are
now or may hereafter be conferred by law on county or city
superintendents of public health are hereby conferred on such
director of the city-county health department.
Added by Laws 1963, c. 325, art. 2, § 215, operative July 1, 1963.
Amended by Laws 1993, c. 145, § 306, eff. July 1, 1993; Laws 1995,
c. 285, § 21, eff. July 1, 1995; Laws 1998, c. 314, § 7, eff. July
1, 1998.
§63-1-216. Agreements with other municipalities, agencies and
organizations.
The city-county board of health in any county wherein a city-
county health department has been created as hereinbefore provided
shall, subject to the approval of the board of county commissioners
of the county and the governing body of the city which created and
operates such city-county health department, have authority to enter
into agreements with other counties, cities, towns, school
districts, the State Health Department, the Department of
Environmental Quality, or any state agency or institution, or
philanthropic, voluntary or charitable organization, for the
operation of the health department and the administering of health
or environmental, as appropriate, services of such county, city,
town, school district, agency or institution by such city-county
health department, and may provide in the agreement for contribution
by such participating body to the financial support of the city-
county health department.
Added by Laws 1963, c. 325, art. 2, § 216, operative July 1, 1963.
Amended by Laws 1993, c. 145, § 307, eff. July 1, 1993.
§63-1-217. Fees - Disposition.
All fees authorized by municipal or county ordinances, rules or
regulations shall be collected as such ordinances, rules or
regulations may provide and such fees shall become a part of the
general revenue of the unit of government levying the same.
Laws 1963, c. 325, art. 2, § 217.
§63-1-218. Annual budget.
The city-county board of health, in cooperation with the
Director of the city-county health department, shall prepare an
Oklahoma Statutes - Title 63. Public Health and Safety Page 114
annual budget for the operation of the city-county health department
and submit the same, together with recommendations as to the
respective contributions, to the board of county commissioners and
to each city, town, school district or other agency or organization
participating in the operation of such city-county health department
as hereinabove provided. Such budget and recommendations shall act
as a guide to such participants in providing for the operating and
financing of such city-county health department for the current or
ensuing fiscal year.
Laws 1963, c. 325, art. 2, § 218.
§63-1-218.1. Travel expenses - Reimbursement - Payment by credit
card.
A. Upon direction of the director of a city-county health
department, employees of such city-county health department may be
reimbursed for use of their personally owned automobiles while
performing their duties on official business for the Department at a
rate not to exceed that allowed for mileage to state employees.
Travel claims for reimbursement on a mileage basis shall be
accompanied by a detailed statement showing an adequate basis for
computing the miles of travel and the purpose for the travel, and
may be paid from any funds available for that purpose.
B. Subject to the limitations and procedures provided by this
section, approved employees of a city-county health department may
purchase materials, supplies, or services necessary for travel out
of the county in which the city-county health department operates by
use of one or more credit cards issued to the city-county health
department. Purchases made with the credit cards shall be limited
to actual expenses for travel out of the county by employees in the
performance of their official duties. For purposes of this section,
"actual expenses for travel" shall mean expenses for travel by
public or private railroads, airplanes, buses, rental cars, or other
public or private conveyances, fuel, oil, meals, lodging, parking
fees, or telephone expenses.
C. The city-county health department shall encumber sufficient
funds each month to pay for the estimated charges made with the
cards including any annual or other fee owed for use of the cards.
Payment for charges incurred on any card shall be made in a timely
manner so that no interest charges or penalties accrue and so that
the total payment amount corresponds to the balance of charges for
purchases in addition to any applicable annual fee or service
charge.
D. All receipts for charges made by use of any card issued to a
city-county health department shall be maintained to facilitate
accurate records of total monthly expenditures for which the city-
county health department shall be obligated.
Oklahoma Statutes - Title 63. Public Health and Safety Page 115
E. Employees who make credit purchases with credit cards issued
to a city-county health department shall immediately and accurately
document the expenditures on a form prepared by the State Auditor
and Inspector, attaching receipts and a written explanation of each
expenditure as to the date, case number, or other identification
number, area or location, reason for expenditure and amount
expended. A copy of the form shall be submitted to the director of
the city-county health department for approval and the original form
shall be attached to the purchase order and shall be submitted for
payment. A copy of the form shall be retained for the records of
the city-county health department.
F. An employee of the city-county health department shall not
receive any reimbursement pursuant to the provisions of subsection A
of this section for any expenses for which a credit card issued
pursuant to the provisions of this section has been used.
Added by Laws 1969, c. 146, § 1, emerg. eff. April 10, 1969.
Amended by Laws 1974, c. 273, § 1, emerg. eff. May 29, 1974; Laws
2008, c. 149, § 3, emerg. eff. May 12, 2008; Laws 2022, c. 62, § 1,
eff. Nov. 1, 2022.
§63-1-219. Child guidance programs, community mental health
services and community facilities for individuals with intellectual
disabilities authorized.
The board of county commissioners of any county, or the board of
county commissioners of two or more counties jointly, is hereby
authorized, at the option and approval of the board or boards, to
conduct a child guidance program, and/or community health center
and/or community facility for individuals with intellectual
disabilities, separate and apart from or in conjunction with the
county department of health, and to request as a part of the county
budget an appropriation of not to exceed an amount equal to the net
proceeds of a levy of three-fourths (3/4) mill on the dollar
valuation of taxable property in the county for such purpose or
purposes; and to employ personnel, within the limits of such funds,
to conduct such program or programs. Provided, that any center or
facility for mental health services established or maintained
hereunder shall first be approved by the State Director of Mental
Health on advice of the Board of Mental Health and shall operate
under the guidelines of the Oklahoma Mental Health Services Act; and
any center or facility for intellectual disability services
established or maintained hereunder shall first be approved by the
Director of Human Services.
Added by Laws 1963, c. 325, art. 2, § 219, operative July 1, 1963.
Amended by Laws 1974, c. 265, § 1; Laws 2019, c. 475, § 49, eff.
Nov. 1, 2019.
§63-1-222.1. Governing boards - Membership - Tenure.
Oklahoma Statutes - Title 63. Public Health and Safety Page 116
A. Every county or combination of counties desirous of
establishing a mental health center and/or facilities for
individuals with intellectual disabilities shall establish a
community mental health board and/or intellectual disability
governing board each of which shall be composed of not less than
seven (7) members. The members of such governing boards shall be
appointed by the board of county commissioners of the county. The
term of office of members of the governing board shall be three (3)
years, except that of the members first appointed the term of three
members shall be for one (1) year, and the term of two members shall
be for two (2) years. All members shall serve without pay.
B. When any combination of counties desires to establish a
mental health center and/or facilities for individuals with
intellectual disabilities, the chair of the board of county
commissioners of each participating county shall appoint two (2)
members of a selection committee, which committee shall select the
governing board.
Added by Laws 1974, c. 265, § 2. Amended by Laws 2019, c. 475, §
50, eff. Nov. 1, 2019.
§63-1-222.2. Duties of governing boards.
The duties of each of the governing boards shall be:
1. For the community mental health board, the duties prescribed
by the Unified Community Mental Health Services Act, Sections 3-301
through 3-327 of Title 43A of the Oklahoma Statutes; and
2. For the intellectual disability board, the duties prescribed
for the Department of Human Services by Sections 1406 through 1425
of Title 10 of the Oklahoma Statutes.
Added by Laws 1974, c. 265, § 3. Amended by Laws 2019, c. 475, §
51, eff. Nov. 1, 2019.
§63-1-222.3. Support of programs.
The board of county commissioners may allocate part or all of
the proceeds of the three-fourths-mill levy provided for by Section
1-219, as amended by Section 1 of this act, Title 63, Oklahoma
Statutes, to the county health department for establishment or
support of child guidance centers as part of the county health
department. The county board of health shall continue in
responsibility for child guidance centers receiving funds in
accordance with the provisions of Section 1-202, Title 63, Oklahoma
Statutes.
Laws 1974, c. 265, § 4.
§63-1-222.4. Screening of minors to avoid duplication of services.
In order to avoid duplication of services between the community
mental health centers funded by the Department of Mental Health and
Substance Abuse Services and the child guidance centers funded by
Oklahoma Statutes - Title 63. Public Health and Safety Page 117
the State Department of Health, minors shall be screened by the
child guidance centers and referred to the most appropriate service
provider.
Added by Laws 1987, c. 206, § 40, operative July 1, 1987; Laws 1987,
c. 236, § 26, emerg. eff. July 20, 1987; Amended by Laws 1990, c.
51, § 129, emerg. eff. April 9, 1990.
§63-1-223. Constitutional levy for health department.
A levy of not to exceed two and one-half (2 1/2) mills on the
dollar of assessed valuation of a county may be levied annually in
accordance with the provisions of Section 9A, Article 10, Oklahoma
Constitution, for the purpose of providing funds to maintain or aid
in maintaining a county, district or cooperative department of
health, where such levy is approved by a majority of the qualified
ad valorem taxpaying voters of the county, voting on the question at
an election called for such purpose; and the amount of the levy so
approved may continue to be made annually until repealed by a
majority of the qualified ad valorem taxpaying voters of the county,
voting on the question at an election called for such purpose.
Laws 1963, c. 325, art. 2, § 223.
§63-1-224. Election on constitutional levy.
An election to authorize a levy under the provisions of the
preceding section may be called by the board of county
commissioners, in its official discretion. Such election may also
be called by initiative petition filed with the county clerk, signed
by sixteen percent (16%) of the legal voters of the county, such
percent to be based upon the total number of votes cast at the last
general election in the county for the state office receiving the
highest number of votes at such election in the county. Whenever
the election is called by either method, the board of county
commissioners shall fix the date for the election and shall cause to
be published in at least one issue each week, for four (4) weeks, of
a newspaper having general circulation in the county, a notice
stating that the election has been called, the date and purpose of
the election, and the number of mills on the dollar of assessed
valuation of the county to be voted upon; and the notice may contain
any other information believed appropriate by the board. The
election shall be conducted by the county election board, in the
same manner as elections to select county officers, and the cost of
holding the election shall be paid from county funds. The secretary
of the county election board shall certify the results of the
election to the board of county commissioners, and after receiving
such certification the board of county commissioners shall notify
the county excise board if the levy shall have been approved.
Laws 1963, c. 325, art. 2, § 224.
Oklahoma Statutes - Title 63. Public Health and Safety Page 118
§63-1-225. Repeal of constitutional levy.
An election on a proposed repeal of a levy previously approved
pursuant to the two preceding sections shall be called and held in
the same manner as required for an election on approval of a levy;
and the county excise board shall be notified if the levy is
repealed.
Laws 1963, c. 325, art. 2, § 225.
§63-1-226. Annual budget for health department.
The county board of health shall annually file with the county
excise board an estimate of needs for the operation or maintenance
of the county, district or cooperative department of health to the
extent that county funds are required for such purpose, and it shall
be the mandatory duty of the county excise board to approve the same
to the extent that such estimate of needs can be financed with
proceeds of a levy authorized in accordance with the provisions of
Section 9A, Article 10, Oklahoma Constitution; and so much of the
levy as may be needed shall thereupon be ordered made. The estimate
of needs may include, in addition to items for current operating
expenses, items for anticipated capital outlay in the future which
may accumulate from year to year until the total required amounts
will be available for expenditure. Provided, that nothing herein
shall prohibit the appropriation or use of other county funds for
such purposes, or for other public health purposes.
Laws 1963, c. 325, art. 2, § 226.
§63-1-227. Short title - Intent of Legislature - Office of Child
Abuse Prevention created.
A. Sections 1-227 through 1-227.9 of this title shall be known
and may be cited as the “Child Abuse Prevention Act”.
B. The Legislature hereby declares that the increasing
incidence of child abuse and its attendant human and financial cost
to the citizens of Oklahoma requires that the prevention of child
abuse and neglect be identified as a priority within the children,
youth and family service system of this state. It is the intent of
the Legislature that:
1. A comprehensive approach for the prevention of child abuse
and neglect be developed for the state, and that this planned,
comprehensive approach be used as a basis for funding of programs
and services for the prevention of child abuse and neglect
statewide; and
2. Multidisciplinary and discipline-specific training on child
abuse and neglect and domestic violence be made available to
professionals in Oklahoma with responsibilities affecting children,
youth, and families, including but not limited to: district
attorneys, judges, lawyers, public defenders, medical personnel, law
enforcement officers, school personnel, child welfare workers, youth
Oklahoma Statutes - Title 63. Public Health and Safety Page 119
service agencies, mental health workers, and Court Appointed Special
Advocates (CASA). Said training shall be ongoing and shall
accommodate professionals who require extensive knowledge and those
who require only general knowledge.
C. For the purpose of establishing a comprehensive statewide
approach towards the prevention of child abuse and neglect there is
hereby created the Office of Child Abuse Prevention within the State
Department of Health.
Added by Laws 1984, c. 216, § 1, operative July 1, 1984. Amended by
Laws 1990, c. 154, § 1, eff. Sept. 1, 1990; Laws 2007, c. 147, § 1,
eff. July 1, 2007.
§63-1-227.1. Definitions.
As used in the Child Abuse Prevention Act:
1. "Child abuse prevention" means services and programs
designed to prevent the occurrence or recurrence of child abuse and
neglect as defined in Section 1-1-105 of Title 10A of the Oklahoma
Statutes but as limited by Section 844 of Title 21 of the Oklahoma
Statutes. Except for the purpose of planning and coordination
pursuant to the provisions of the Child Abuse Prevention Act, the
services and programs of the Department of Human Services which are
mandated by state law or which are a requirement for the receipt of
federal funds with regard to deprived, destitute or homeless
children shall not be subject to the provisions of the Child Abuse
Prevention Act;
2. "Primary prevention" means programs and services designed to
promote the general welfare of children and families;
3. "Secondary prevention" means the identification of children
who are in circumstances where there is a high risk that abuse will
occur and assistance, as necessary and appropriate, to prevent abuse
or neglect from occurring;
4. "Tertiary prevention" means those services provided after
abuse or neglect has occurred which are designed to prevent the
recurrence of abuse or neglect;
5. "Department" means the State Department of Health;
6. "Director" means the Director of the Office of Child Abuse
Prevention;
7. "Office" means the Office of Child Abuse Prevention;
8. "Commission" means the Oklahoma Commission on Children and
Youth; and
9. "Child Abuse Prevention Fund" means the revolving fund
established pursuant to Section 1-227.8 of this title.
Added by Laws 1984, c. 216, § 2, operative July 1, 1984. Amended by
Laws 1985, c. 299, § 1, eff. Nov. 1, 1985; Laws 1990, c. 154, § 2,
eff. Sept. 1, 1990; Laws 2007, c. 147, § 2, eff. July 1, 2007; Laws
2013, c. 229, § 46, eff. Nov. 1, 2013.
Oklahoma Statutes - Title 63. Public Health and Safety Page 120
§63-1-227.2. Power and duties of Office of Child Abuse Prevention.
A. The Office of Child Abuse Prevention, giving consideration
to the recommendations of the Infant and Children's Health Advisory
Council created in Section 1-103a.1 of this title, is hereby
authorized and directed to:
1. Prepare and implement a comprehensive state plan for the
planning and coordination of child abuse prevention programs and
services and for the establishment, development and funding of such
programs and services, and to revise and update the plan pursuant to
the provisions of Section 1-227.3 of this title;
2. Monitor, evaluate and review the development and quality of
services and programs for the prevention of child abuse and neglect,
publish and distribute an annual report of its findings on or before
January 1 of each year to the Governor, the Speaker of the House of
Representatives, the President Pro Tempore of the Senate and to the
chief administrative officer of each agency affected by the report.
The report shall include:
a. activities of the Office,
b. a summary detailing the demographic characteristics of
families served including, but not limited to, the
following:
(1) age and marital status of parent(s),
(2) number and age of children living in the
household,
(3) household composition of families served,
(4) number of families accepted into the program by
grantee site and average length of time enrolled,
(5) number of families not accepted into the program
and the reason therefor,
(6) average actual expenditures per family during the
most recent state fiscal year, and
(7) number of individuals whose parental rights have
ever been terminated and number of children born
to an individual whose parental rights have ever
been terminated,
c. recommendations for the further development and
improvement of services and programs for the
prevention of child abuse and neglect,
d. budget and program needs, and
e. statistics developed based on the reports received
pursuant to Section 3 of this act; and
3. Conduct or otherwise provide for or make available
continuing professional education and training in the area of child
abuse prevention.
B. For the purpose of implementing the provisions of the Child
Abuse Prevention Act, the State Department of Health is authorized
to:
Oklahoma Statutes - Title 63. Public Health and Safety Page 121
1. Accept appropriations, gifts, loans and grants from the
state and federal government and from other sources, public or
private;
2. Enter into agreements or contracts for the establishment and
development of:
a. programs and services for the prevention of child
abuse and neglect,
b. training programs for the prevention of child abuse
and neglect, and
c. multidisciplinary and discipline specific training
programs for professionals with responsibilities
affecting children, youth and families; and
3. Secure necessary statistical, technical, administrative and
operational services by interagency agreement or contract.
C. For the purpose of implementing the provisions of the Child
Abuse Prevention Act, the State Commissioner of Health, giving
consideration to the recommendations of the Infant and Children's
Health Advisory Council created in Section 1-103a.1 of this title,
is authorized to promulgate rules and regulations as necessary to
implement the duties and responsibilities assigned to the Office of
Child Abuse Prevention.
D. 1. The Department of Human Services shall, as soon as
reasonably possible, provide the State Department of Health access
to the identifying information of all individuals who, as to any
child, have had their parental rights terminated and the conditions
which led to the making of the finding which resulted in the
termination of parental rights.
2. The Division of Vital Records shall provide birth record
information to the Office of Child Abuse Prevention for a child born
to an individual whose identifying information has been provided
pursuant to paragraph 1 of this subsection.
3. The Office of Child Abuse Prevention or other appropriate
division of the State Department of Health shall review the
information provided by the Department of Human Services and the
Division of Vital Records and, when appropriate and if the resources
are available, provide an assessment of the family and offer
services if needed.
Added by Laws 1984, c. 216, § 3, operative July 1, 1984. Amended by
Laws 1990, c. 154, § 3, eff. Sept. 1, 1990; Laws 2001, c. 356, § 2,
emerg. eff. June 4, 2001; Laws 2007, c. 147, § 3, eff. July 1, 2007;
Laws 2013, c. 229, § 47, eff. Nov. 1, 2013; Laws 2019, c. 36, § 1,
eff. Nov. 1, 2019; Laws 2019, c. 377, § 1, eff. July 1, 2019.
§63-1-227.3. Comprehensive state plan for prevention of child abuse
and neglect.
A. The Oklahoma Commission on Children and Youth shall review
and approve the comprehensive state plan and any subsequent
Oklahoma Statutes - Title 63. Public Health and Safety Page 122
revisions of said plan, prior to the submission of the plan as
provided in this section.
B. On or before July 1, 2007, the Oklahoma Commission on
Children and Youth shall deliver the comprehensive state plan for
the prevention of child abuse and neglect to the Governor, the
President Pro Tempore of the Senate and the Speaker of the House of
Representatives. The plan shall include but not be limited to:
1. Specific proposals for the implementation of the
comprehensive state plan which would promote the efficient use of
staff, funds and other resources on the state level and improve the
coordination and integration of state goals, activities and funds
for the prevention of child abuse and neglect, particularly with
regard to primary and secondary prevention of child abuse and
neglect; and
2. Specific proposals detailing the interagency provision of
services to all populations at risk of committing child abuse.
Services, especially those directed at high-risk populations
including, but not limited to, those populations in which parental
drug and/or alcohol abuse, mental illness and domestic abuse are an
issue, shall be specifically addressed.
C. The Office of Child Abuse Prevention and the Oklahoma
Commission on Children and Youth shall at least annually review the
state plan and make any necessary revisions based on changing needs
and program evaluation results not less than every five (5) years.
Any such revisions shall be delivered to the Governor, the Speaker
of the House of Representatives and the President Pro Tempore of the
Senate no later than July 1 of each year.
D. The Office of Child Abuse Prevention shall provide adequate
opportunity for appropriate private and public agencies and
organizations and private citizens and consumers to participate at
the local level in the development of the state plan.
Added by Laws 1984, c. 216, § 4, operative July 1, 1984. Amended by
Laws 2001, c. 356, § 3, emerg. eff. June 4, 2001; Laws 2007, c. 147,
§ 4, eff. July 1, 2007.
§63-1-227.4. Development and preparation of comprehensive state
plan - Proposal for grants for child abuse prevention programs and
services.
A. The State Department of Health shall prepare the
comprehensive state plan for prevention of child abuse and neglect
for the approval of the Oklahoma Commission on Children and Youth.
The development and preparation of the plan shall include, but not
be limited to, adequate opportunity for appropriate local private
and public agencies and organizations and private citizens to
participate in the development of the state plan at the local level.
B. 1. The Office of Child Abuse Prevention shall review and
evaluate all proposals submitted for grants or contracts for child
Oklahoma Statutes - Title 63. Public Health and Safety Page 123
abuse prevention programs and services. Upon completion of such
review and evaluation, the Office of Child Abuse Prevention shall
make the final recommendations as to which proposals should be
funded pursuant to the provisions of the Child Abuse Prevention Act
and shall submit its findings to the Oklahoma Commission on Children
and Youth. The Commission shall review the findings of the
interagency child abuse prevention task force and the Office of
Child Abuse Prevention for compliance of such approved proposals
with the comprehensive state plan prepared pursuant to the
provisions of the Child Abuse Prevention Act.
2. Upon ascertaining compliance with the plans, the Commission
shall deliver the findings of the Office of Child Abuse Prevention
to the State Commissioner of Health.
3. The Commissioner shall authorize the Office of Child Abuse
Prevention to use the Child Abuse Prevention Fund to fund such
grants or contracts for child abuse prevention programs and services
which are approved by the Commissioner.
4. Once the grants or contracts have been awarded by the
Commissioner, the Office of Child Abuse Prevention shall annually
review the performance of the awardees and determine if funding
should be continued.
Added by Laws 1984, c. 216, § 5, operative July 1, 1984. Amended by
Laws 1985, c. 299, § 2, eff. Nov. 1, 1985; Laws 1986, c. 58, § 1,
eff. Nov. 1, 1986; Laws 1987, c. 84, § 1, emerg. eff. May 13, 1987;
Laws 1990, c. 51, § 130, emerg. eff. April 9, 1990; Laws 2001, c.
356, § 4, emerg. eff. June 4, 2001; Laws 2005, c. 348, § 18, eff.
July 1, 2005; Laws 2007, c. 147, § 5, eff. July 1, 2007; Laws 2009,
c. 234, § 150, emerg. eff. May 21, 2009; Laws 2010, c. 324, § 5,
emerg. eff. June 5, 2010; Laws 2013, c. 229, § 48, eff. Nov. 1,
2013.
§63-1-227.5. Repealed by Laws 2007, c. 147, § 9, eff. July 1, 2007.
§63-1-227.6. Funding of child abuse prevention programs.
A. The State Department of Health, in its annual budget
requests, shall identify the amount of funds requested for the
implementation of the Child Abuse Prevention Act.
B. From monies appropriated or otherwise available to the
Office of Child Abuse Prevention through state, federal or private
resources the State Commissioner of Health shall implement the
provisions of the Child Abuse Prevention Act and shall disburse such
monies in the following manner:
1. The Commissioner shall establish a formula for the
distribution of funds for the establishment, development or
improvement of both public and private programs and services for the
prevention of child abuse and neglect which shall provide for the
allocation of funds across the state based upon the percentage of
Oklahoma Statutes - Title 63. Public Health and Safety Page 124
the total state reported cases of abuse and neglect reported in the
district and the percentage of the total state population under the
age of eighteen (18) and upon the child abuse prevention service and
program needs of the comprehensive state plan; and
2. For the continuing development and establishment of child
abuse prevention training programs and multidisciplinary and
discipline-specific training programs for professionals with
responsibilities affecting children, youth and families.
C. Appropriations made for distribution by the Office for
grants or contracts for child abuse prevention programs and services
shall be deposited in the Child Abuse Prevention Fund.
D. The Office shall develop and publish requests for proposals
for grants or contracts for child abuse prevention programs and
services which shall require no less than a ten percent (10%) cash
or in-kind match by an agency or organization receiving a grant or
contract and which are designed to meet identified priority needs.
A priority ranking shall be made based upon the extent to which
a proposal meets identified needs, criteria for cost effectiveness,
provision for an evaluation component providing outcome data and a
determination that the proposal provides a mechanism for
coordinating and integrating these preventive services with other
services deemed necessary for working effectively with families who
are at risk of child abuse or neglect.
E. On and after January 1, 1986, all budget requests submitted
by any public agency to the Legislature for the funding of programs
related to child abuse and neglect prevention shall conform to the
comprehensive state plan and any subsequent updates or revisions of
said plan developed pursuant to the provisions of the Child Abuse
Prevention Act. Except for the purposes of planning and
coordination pursuant to the provisions of the Child Abuse
Prevention Act, the services and programs of the Department of Human
Services which are mandated by state law or which are a requirement
for the receipt of federal funds with regard to deprived, destitute
or homeless children shall not be subject to the provisions of this
subsection.
Added by Laws 1984, c. 216, § 7, operative July 1, 1984. Amended by
Laws 1985, c. 299, § 3, eff. Nov. 1, 1985; Laws 1990, c. 154, § 4,
eff. Sept. 1, 1990; Laws 2007, c. 147, § 6, eff. July 1, 2007.
§63-1-227.7. Director of Office of Child Abuse Prevention - Power
and duties.
The State Board of Health shall direct the State Commissioner of
Health to employ, appoint or otherwise designate a Director for the
Office of Child Abuse Prevention. The Director shall:
1. Assure that the annual report is prepared as required by
Section 1-227.2 of this title;
Oklahoma Statutes - Title 63. Public Health and Safety Page 125
2. Formulate and recommend rules and regulations pertaining to
the implementation of the provisions of the Child Abuse Prevention
Act for approval or rejection by the Board; and
3. As authorized, act as agent for the Board in the performance
of its duties pertaining to the implementation of the provisions of
the Child Abuse Prevention Act.
Added by Laws 1984, c. 216, § 8, operative July 1, 1984. Amended by
Laws 1990, c. 154, § 5, eff. Sept. 1, 1990; Laws 1990, c. 337, § 14;
Laws 2007, c. 147, § 7, eff. July 1, 2007.
§63-1-227.8. Child Abuse Prevention Fund.
A. There is hereby created in the State Treasury a revolving
fund for the State Board of Health to be designated the "Child Abuse
Prevention Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
pursuant to the provisions of Section 1-227.6 of Title 63 of the
Oklahoma Statutes, Section 5 of this act, and such other sources as
the Legislature may provide.
B. The Child Abuse Prevention Fund shall be used by the Office
of Child Abuse Prevention for funding grants and contracts for child
abuse and neglect prevention programs and services as provided for
in Section 1-227.6 of Title 63 of the Oklahoma Statutes. The Office
shall use the Child Abuse Prevention Fund to fund only those grants
and contracts approved by the State Board of Health, pursuant to the
provisions of subsection C of Section 1-227.4 of Title 63 of the
Oklahoma Statutes, and which comply with the comprehensive state
plan and district plans prepared pursuant to the provisions of the
Child Abuse Prevention Act, and for no other purpose. The Child
Abuse Prevention Fund shall not be used for the costs of the Office
incurred in administering such grants and contracts.
C. All projects funded through the Child Abuse Prevention Fund
shall provide quarterly caseload and programmatic information to the
Office of Child Abuse Prevention.
Added by Laws 1985, c. 299, § 4, eff. Nov. 1, 1985. Amended by Laws
1998, c. 392, § 6, eff. Sept. 1, 1998.
§63-1-227.9. Child Abuse Training and Coordination Council.
A. There is hereby created the Child Abuse Training and
Coordination Council.
B. The Oklahoma Commission on Children and Youth shall appoint
a Child Abuse Training and Coordination Council which shall be
composed of twenty-two (22) members, as follows:
1. One member shall be a representative of child welfare
services within the Department of Human Services;
2. One member shall be a representative of juvenile services
within the Office of Juvenile Affairs;
Oklahoma Statutes - Title 63. Public Health and Safety Page 126
3. One member shall be a representative of maternal and child
health services within the State Department of Health;
4. One member shall be a representative of the State Department
of Health;
5. One member shall be a representative of the State Department
of Education;
6. One member shall be a representative of the Department of
Mental Health and Substance Abuse Services;
7. One member shall be a representative of a statewide medical
association and shall be a member of a state chapter of a national
academy of pediatrics;
8. One member shall be a representative of the judiciary;
9. One member shall be a representative of a statewide
association of osteopathic physicians and shall be a pediatric
osteopathic physician;
10. One member shall be a representative of a statewide
coalition on domestic violence and sexual assault;
11. One member shall be a representative of the District
Attorneys Council;
12. One member shall be a representative of the Council on Law
Enforcement Education and Training;
13. One member shall be a representative of the Department of
Corrections;
14. One member shall be a representative of Court Appointed
Special Advocates;
15. One member shall be a representative of the Oklahoma Bar
Association;
16. One member shall be a representative of a statewide
association of psychologists;
17. One member shall be a representative of a local chapter of
a national association of social workers;
18. One member shall be a representative of a statewide
association of youth services agencies;
19. One member shall be a representative of an Indian child
welfare association;
20. One member shall be a representative of an advisory task
force on child abuse and neglect;
21. One member shall be a representative of a postadjudication
review board program; and
22. One member shall be a representative of nationally
accredited child advocacy centers nominated to the Oklahoma
Commission for Children and Youth. Eligible nominees may be anyone
selected by a majority of the members of the nationally accredited
child advocacy centers located in Oklahoma.
C. Each member of the Child Abuse Training and Coordination
Council is authorized to have one designee.
Oklahoma Statutes - Title 63. Public Health and Safety Page 127
D. The appointed members shall be persons having expertise in
the dynamics, identification and treatment of child abuse and
neglect and child sexual abuse.
E. The Child Abuse Training and Coordination Council shall:
1. Establish objective criteria and guidelines for
multidisciplinary and, as appropriate for each discipline,
discipline-specific training on child abuse and neglect for
professionals with responsibilities affecting children, youth and
families;
2. Review curricula and make recommendations to state agencies
and professional organizations and associations regarding available
curricula and curricula having high standards of professional merit;
3. Review curricula regarding child abuse and neglect used in
law enforcement officer training by the Oklahoma Council on Law
Enforcement Education and Training (CLEET) and make recommendations
regarding the curricula to CLEET;
4. Cooperate with and assist professional organizations and
associations in the development and implementation of ongoing
training programs and strategies to encourage professionals to
participate in such training programs;
5. Make reports and recommendations regarding the continued
development and improvement of such training programs to the State
Commissioner of Health, the Oklahoma Commission on Children and
Youth, and each affected agency, organization and association;
6. Prepare and issue a model protocol for multidisciplinary
teams regarding the investigation and prosecution of child sexual
abuse, child physical abuse and neglect cases;
7. Review and approve protocols prepared by the local
multidisciplinary teams;
8. Advise multidisciplinary teams on team development;
9. Collect data on the operation and cases reviewed by the
multidisciplinary teams;
10. Issue annual reports; and
11. Annually approve the list of functioning multidisciplinary
teams in the state.
Added by Laws 1990, c. 154, § 6, eff. Sept. 1, 1990. Amended by
Laws 1994, c. 101, § 1, eff. Sept. 1, 1994; Laws 1996, c. 200, § 17,
eff. Nov. 1, 1996; Laws 1997, c. 389, § 22, eff. Nov. 1, 1997; Laws
2000, c. 374, § 37, eff. July 1, 2000; Laws 2004, c. 250, § 1,
emerg. eff. May 5, 2004; Laws 2006, c. 258, § 8, emerg. eff. June 7,
2006; Laws 2007, c. 147, § 8, eff. July 1, 2007.
§63-1-229.1. Short title.
This act shall be known and may be cited as the "Oklahoma
Tobacco Use Prevention and Cessation Act".
Added by Laws 2001, c. 275, § 1, emerg. eff. May 31, 2001.
Oklahoma Statutes - Title 63. Public Health and Safety Page 128
§63-1-229.2. Definitions.
As used in the Oklahoma Tobacco Use Prevention and Cessation
Act:
1. "Contractor" means any public entity, private entity, or
private nonprofit entity to which the State Department of Health,
after recommendation by the Advancement of Wellness Advisory Council
created in Section 44 of this act, has awarded monies from the Fund
for qualified tobacco use prevention or cessation programs;
2. "Department" means the State Department of Health;
3. "Fund" means the Tobacco Use Reduction Fund established
pursuant to Section 1-229.3 of this title;
4. "Qualified tobacco use prevention or cessation program"
means a program for the prevention or cessation of tobacco use that
meets the criteria set forth in the State Plan for Tobacco Use
Prevention and Cessation;
5. "State Plan" means the State Plan for Tobacco Use Prevention
and Cessation adopted pursuant to Section 1-229.5 of this title; and
6. "Tobacco use" means the consumption of tobacco products by
burning, chewing, inhalation or other forms of ingestion.
Added by Laws 2001, c. 275, § 2, emerg. eff. May 31, 2001.
Amended by Laws 2013, c. 229, § 49, eff. Nov. 1, 2013.
§63-1-229.3. Tobacco Use Reduction Fund.
A. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
"Tobacco Use Reduction Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies appropriated thereto by the Legislature, any other funds that
may be directed thereto by the Board of Directors of the Tobacco
Settlement Endowment Trust Fund, and all other monies including
gifts, grants and other funds that may be directed thereto. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the Department for the purpose
of the State Plan for Tobacco Use Prevention and Cessation and for
other purposes specifically authorized by this act. Expenditures
from said 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.
B. The fund shall be administered by the State Department of
Health.
C. Monies from the fund shall not be used to engage in any
political activities or lobbying, including, but not limited to,
support of or opposition to candidates, ballot initiatives,
referenda or other similar activities.
Added by Laws 2001, c. 275, § 3, emerg. eff. May 31, 2001. Amended
by Laws 2012, c. 304, § 478.
Oklahoma Statutes - Title 63. Public Health and Safety Page 129
§63-1-229.4. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
2013.
§63-1-229.5. Review and recommendation of State Plan for Tobacco
Use Prevention and Cessation – Invitations to bid for program
contract proposals – Evaluations – Youth Tobacco Survey.
A. On or before January 1, 2002, the Department, giving
consideration to the recommendations of the Advancement of Wellness
Advisory Council created in Section 44 of this act, shall review and
recommend a State Plan for Tobacco Use Prevention and Cessation that
is in compliance with nationally recognized guidelines or scientific
evidence of effectiveness. On or before January 1 of each year, the
State Department of Health may propose amendments to the plan. The
Department shall submit its proposed State Plan or any proposed
amendments thereto to the Governor, the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, and the
Attorney General. The Governor, members of the Legislature, and the
Attorney General may submit comments to the Department on its
proposed amendments to the State Plan on or before March 1 of each
year. On or before May 1 of each year, the Department shall make
such amended State Plan public.
B. The State Plan shall set out the criteria by which
Invitations To Bid and applications for contract proposals are
considered. Such plan shall also describe the types of tobacco use
prevention or cessation programs that shall be eligible for
consideration for contracts from the Fund utilizing only those
programs that are in compliance with nationally recognized
guidelines, or scientific evidence of effectiveness. Such eligible
programs shall include, but not be limited to:
1. Media campaigns directed to youth to prevent underage
tobacco use;
2. School-based education programs to prevent youth tobacco
use;
3. Community-based youth programs involving tobacco use
prevention through general youth development;
4. Enforcement and administration of the Prevention of Youth
Access to Tobacco Act, and related retailer education and compliance
efforts;
5. Cessation programs for youth; and
6. Prevention or cessation programs for adults.
C. The State Plan shall provide that no less than seventy
percent (70%) of the dollar value of the contracts awarded in each
year shall be dedicated to programs described in paragraphs 1
through 5 of subsection B of this section.
D. The State Plan shall provide for the evaluation of all
funded programs to determine their overall effectiveness in
Oklahoma Statutes - Title 63. Public Health and Safety Page 130
preventing or reducing tobacco use according to the program's stated
goals.
An annual evaluation shall be provided by an independent
contractor to determine the effectiveness of the programs by
measuring the following:
1. Tobacco consumption;
2. Smoking rates among the population targeted by the programs;
and
3. The specific effectiveness of any other program funded.
Such evaluation shall also be compared with initial baseline
data collected prior to the creation of this act, and data from
previous years if it is a multiyear program.
E. The State Plan further shall provide for administration of
the Oklahoma Youth Tobacco Survey to measure tobacco use and
behaviors towards tobacco use by individuals in grades six through
twelve. Such survey shall:
1. Involve a statistically valid sample of the individuals in
each of grades six through twelve;
2. Be made available to the public, along with the resulting
data, excluding respondent identities and respondent-identifiable
data, within sixty (60) days of completion of the survey; and
3. Be compared with data from previous years, including initial
baseline data collected prior to the creation of this act.
Added by Laws 2001, c. 275, § 5, emerg. eff. May 31, 2001. Amended
by Laws 2013, c. 229, § 50, eff. Nov. 1, 2013.
§63-1-229.6. Review and approval of Invitations To Bid –
Considerations in developing State Plan and reviewing
intergovernmental contracts.
A. The State Department of Health shall review Invitations To
Bid and applications for contracts and evaluate the progress and
outcomes of tobacco use prevention and cessation programs. The
Department shall make final approval for the issuance of Invitations
To Bid for contracts for tobacco use prevention and cessation
programs.
B. An applicant or a bidder that requests funding to initiate,
continue or expand a tobacco use prevention or cessation program
shall demonstrate, by means of application, letters of
recommendation, and such other means as the Department may
designate, that the proposed tobacco use prevention or cessation
program for which it seeks funds meets the criteria set forth in the
State Plan. Previous contractors shall include recent evaluations
of their programs with their bids or applications. The Department
may not award a contract unless it makes a specific finding, as to
each applicant or bidder, that the program proposed to be funded
meets the criteria set forth in the State Plan.
Oklahoma Statutes - Title 63. Public Health and Safety Page 131
C. In developing the State Plan and approving Invitations To
Bid and reviewing intergovernmental contracts the Department shall
consider:
1. In the case of applications or Invitations To Bid to fund
media campaigns directed to youth to prevent underage tobacco use,
whether the campaign provides for sound management and periodic
evaluation of the campaign's relevance to the intended audience,
including audience awareness of the campaign and recollection of the
main message;
2. In the case of applications or Invitations To Bid to fund
school-based education programs to prevent youth tobacco use,
whether there is credible evidence that the program is effective in
reducing youth tobacco use;
3. In the case of applications or Invitations To Bid to fund
community-based youth programs involving youth tobacco use
prevention through general youth development, whether the program:
a. has a comprehensive strategy with a clear mission and
goals,
b. has professional leadership,
c. offers a diverse array of youth-centered activities in
youth-accessible facilities,
d. is culturally sensitive, inclusive and diverse,
e. involves youth in the planning, delivery, and
evaluation of services that affect them, and
f. offers a positive focus including all youth;
4. In the case of applications or Invitations To Bid to fund
enforcement and administration of the Prevention of Youth Access to
Tobacco Act and related retailer education and compliance efforts,
whether such activities and efforts can reasonably be expected to
reduce the extent to which tobacco products are available to
individuals under eighteen (18) years of age;
5. In the case of applications or Invitations To Bid to fund
youth cessation, whether there is credible evidence that the program
is effective in long-term tobacco use cessation; and
6. In the case of applications or Invitations To Bid to fund
adult programs, whether there is credible evidence that the program
is effective in decreasing tobacco use.
D. State and local government departments and agencies shall be
eligible for contracts provided pursuant to this act.
Added by Laws 2001, c. 275, § 6, emerg. eff. May 31, 2001. Amended
by Laws 2013, c. 229, § 51, eff. Nov. 1, 2013.
§63-1-229.7. Retention of unexpended appropriated funds.
Any funds appropriated for qualified tobacco use prevention or
cessation programs not expended in any fiscal year shall be retained
in the Tobacco Use Reduction Fund and available for qualified
tobacco use prevention or cessation programs in any following year.
Oklahoma Statutes - Title 63. Public Health and Safety Page 132
Added by Laws 2001, c. 275, § 7, emerg. eff. May 31, 2001.
§63-1-229.8. Contractor reports – Report to Governor and
Legislature.
A. As a condition to the receipt of funds under this act, a
contractor shall agree to file a report with the State Department of
Health on or before ninety (90) days after the end of the agreement
period as to the following:
1. Amount received as a contract and the expenditures made with
the proceeds of the contract;
2. A description of the program offered and the number of
individuals who initially participated in and completed the program;
and
3. Specific elements of the program meeting the criteria set
forth in the State Plan.
B. Any contractor failing to timely file the report required
pursuant to this section shall be subject to the jurisdiction of the
Attorney General for repayment of the full amount of the contract
expended.
C. The State Department of Health shall review and evaluate the
reports of contractors required pursuant to this section and shall
file a written report with the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, and the
Governor on or before February 1 of each year on the status of the
Tobacco Use Reduction Fund and the activities of the Fund for the
fiscal year most recently ended. The report shall include the
beginning and ending balance of the Fund for each fiscal year,
payments or gifts received by the Fund, income earned and
expenditures made, the name of each contractor and the amount of
each contract made, the criteria used to award each contract, and
whether the program implemented by each contractor met the criteria.
The report shall be publicly available immediately upon its filing.
Added by Laws 2001, c. 275, § 8, emerg. eff. May 31, 2001.
§63-1-229.11. Short title - Prevention of Youth Access to Tobacco
Act.
This act shall be known and may be cited as the "Prevention of
Youth Access to Tobacco Act".
Added by Laws 1994, c. 137, § 2, eff. July 1, 1994. Renumbered from
§ 600.1 of Title 37 by Laws 2016, c. 366, § 170, eff. Oct. 1, 2018.
§63-1-229.12. Definitions.
As used in the Prevention of Youth Access to Tobacco Act:
1. "Nicotine product" means any product that contains nicotine
extracted or isolated from plants, vegetables, fruit, herbs, weeds,
genetically modified organic matter, or that is synthetic in origin
and is intended for human consumption; provided, however, this term
Oklahoma Statutes - Title 63. Public Health and Safety Page 133
shall not include products approved by the United States Food and
Drug Administration for smoking cessation;
2. "Person" means any individual, firm, fiduciary, partnership,
corporation, trust, or association, however formed;
3. "Proof of age" means a driver license, license for
identification only, or other generally accepted means of
identification that describes the individual as twenty-one (21)
years of age or older and contains a photograph or other likeness of
the individual and appears on its face to be valid;
4. "Sample" means a tobacco product, nicotine product or vapor
product distributed to members of the public at no cost for the
purpose of promoting the product;
5. "Sampling" means the distribution of samples to members of
the public in a public place;
6. "Tobacco product" means any product that contains tobacco
and is intended for human consumption;
7. "Transaction scan" means the process by which a seller
checks, by means of a transaction scan device, the validity of a
driver license or other government-issued photo identification;
8. "Transaction scan device" means any commercial device or
combination of devices used at a point of sale or entry that is
capable of deciphering in an electronically readable format the
information encoded on the magnetic strip or bar code of a driver
license or other government-issued photo identification; and
9. "Vapor product" shall mean noncombustible products, that may
or may not contain nicotine, that employ a mechanical heating
element, battery, electronic circuit, or other mechanism, regardless
of shape or size, that can be used to produce a vapor in a solution
or other form. "Vapor products" shall include any vapor cartridge
or other container with or without nicotine or other form that is
intended to be used with an electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or similar product or device
and any vapor cartridge or other container of a solution, that may
or may not contain nicotine, that is intended to be used with or in
an electronic cigarette, electronic cigar, electronic cigarillo or
electronic device. "Vapor products" do not include any products
regulated by the United States Food and Drug Administration under
Chapter V of the Food, Drug, and Cosmetic Act.
Added by Laws 1994, c. 137, § 3, eff. July 1, 1994. Amended by Laws
1996, c. 144, § 1, eff. Nov. 1, 1996; Laws 2000, c. 277, § 1, eff.
Nov. 1, 2000 and Laws 2000, c. 342, § 9, eff. July 1, 2000; Laws
2014, c. 162, § 3, eff. Nov. 1, 2014. Renumbered from § 600.2 of
Title 37 by Laws 2016, c. 366, § 171, eff. Oct. 1, 2018. Amended by
Laws 2020, c. 70, § 4, emerg. eff. May 19, 2020; Laws 2021, c. 554,
§ 4, emerg. eff. May 28, 2021.
NOTE: Laws 2000, c. 277, § 1 and Laws 2000, c. 342, § 9 contain
duplicate amendments.
Oklahoma Statutes - Title 63. Public Health and Safety Page 134
NOTE: Laws 2016, c. 366, was conditionally effective upon passage
of State Question No. 792, Legislative Referendum No. 370, which was
adopted at election held on Nov. 8, 2016.
§63-1-229.13. Furnishing of tobacco or vapor products to persons
under 21 prohibited – Proof of age – Fines – Liability.
A. It is unlawful for any person to sell, give or furnish in
any manner any tobacco product, nicotine product or vapor product to
another person who is under twenty-one (21) years of age, or to
purchase in any manner a tobacco product, nicotine product or vapor
product on behalf of any such person. It shall not be unlawful for
an employee under twenty-one (21) years of age to handle tobacco
products, nicotine products or vapor products when required in the
performance of the employee’s duties.
B. A person engaged in the sale or distribution of tobacco
products, nicotine products or vapor products shall demand proof of
age from a prospective purchaser or recipient if an ordinary person
would conclude on the basis of appearance that the prospective
purchaser may be under twenty-one (21) years of age.
If an individual engaged in the sale or distribution of tobacco
products, nicotine products or vapor products has demanded proof of
age from a prospective purchaser or recipient who is not under
twenty-one (21) years of age, the failure to subsequently require
proof of age shall not constitute a violation of this subsection.
C. 1. When a person violates subsection A or B of this
section, the Alcoholic Beverage Laws Enforcement (ABLE) Commission
shall impose an administrative fine of:
a. not more than One Hundred Dollars ($100.00) for the
first offense,
b. not more than Two Hundred Dollars ($200.00) for the
second offense within a two-year period following the
first offense,
c. not more than Three Hundred Dollars ($300.00) for a
third offense within a two-year period following the
first offense. In addition to any other penalty, the
store’s license to sell tobacco products or nicotine
products or the store’s sales tax permit for a store
that is predominantly engaged in the sale of vapor
products in which the sale of other products is merely
incidental may be suspended for a period not exceeding
thirty (30) days, or
d. not more than Three Hundred Dollars ($300.00) for a
fourth or subsequent offense within a two-year period
following the first offense. In addition to any other
penalty, the store’s license to sell tobacco products
or nicotine products or the store’s sales tax permit
for a store that is predominantly engaged in the sale
Oklahoma Statutes - Title 63. Public Health and Safety Page 135
of vapor products in which the sale of other products
is merely incidental may be suspended for a period not
exceeding sixty (60) days.
2. When it has been determined that a penalty shall include a
license or permit suspension, the ABLE Commission shall notify the
Oklahoma Tax Commission, and the Tax Commission shall suspend the
store’s license to sell tobacco products or nicotine products or the
store’s sales tax permit for a store that is predominantly engaged
in the sale of vapor products in which the sale of other products is
merely incidental at the location where the offense occurred for the
period of time prescribed by the ABLE Commission.
3. Proof that the defendant demanded, was shown, and reasonably
relied upon proof of age shall be a defense to any action brought
pursuant to this section. A person cited for violating this section
shall be deemed to have reasonably relied upon proof of age, and
such person shall not be found guilty of the violation if such
person proves that:
a. the individual who purchased or received the tobacco
product, nicotine product or vapor product presented a
driver license or other government-issued photo
identification purporting to establish that such
individual was twenty-one (21) years of age or older,
or
b. the person cited for the violation confirmed the
validity of the driver license or other government-
issued photo identification presented by such
individual by performing a transaction scan by means
of a transaction scan device.
Provided, that this defense shall not relieve from liability any
person cited for a violation of this section if the person failed to
exercise reasonable diligence to determine whether the physical
description and picture appearing on the driver license or other
government-issued photo identification was that of the individual
who presented it. The availability of the defense described in this
subsection does not affect the availability of any other defense
under any other provision of law.
D. If the sale is made by an employee of the owner of a store
at which tobacco products, nicotine products or vapor products are
sold at retail, the employee shall be guilty of the violation and
shall be subject to the fine. Each violation by any employee of an
owner of a store licensed to sell tobacco products or nicotine
products or permitted to sell vapor products shall be deemed a
violation against the owner for purposes of a license suspension
pursuant to subsection C of this section. Each violation by an
employee of a store predominantly engaged in the sale of vapor
products in which the sale of other products is merely incidental
shall be deemed a violation against the owner for purposes of a
Oklahoma Statutes - Title 63. Public Health and Safety Page 136
sales tax permit suspension pursuant to the provisions of subsection
C of this section. An owner of a store licensed to sell tobacco
products or nicotine products or permitted to sell vapor products
shall not be deemed in violation of the provisions of the Prevention
of Youth Access to Tobacco Act for any acts constituting a violation
by any person, when the violation occurs prior to actual employment
of the person by the storeowner or the violation occurs at a
location other than the owner’s retail store. For purposes of
determining the liability of a person controlling franchises or
business operations in multiple locations, for any violations of
subsection A or B of this section, each individual franchise or
business location shall be deemed a separate entity.
E. On or before December 15, 1997, the ABLE Commission shall
adopt rules establishing a method of notification of storeowners
when an employee of such storeowner has been determined to be in
violation of this section by the ABLE Commission or convicted of a
violation by a municipality.
F. 1. Upon failure of the employee to pay the administrative
fine within ninety (90) days of the day of the assessment of such
fine, the ABLE Commission shall notify Service Oklahoma, and Service
Oklahoma shall suspend or not issue a driver license to the employee
until proof of payment has been furnished to Service Oklahoma.
2. Upon failure of a storeowner to pay the administrative fine
within ninety (90) days of the assessment of the fine, the ABLE
Commission shall notify the Tax Commission, and the Tax Commission
shall suspend the store’s license to sell tobacco products or
nicotine products or the store’s sales tax permit for a store that
is predominantly engaged in the sale of vapor products in which the
sale of other products is merely incidental until proof of payment
has been furnished to the Oklahoma Tax Commission.
G. Cities and towns may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under
provisions of this section, but the provisions of municipal
ordinances shall be the same as provided for in this section, and
the penalty provisions under such ordinances shall not be more
stringent than those of this section.
H. County sheriffs may enforce the provisions of the Prevention
of Youth Access to Tobacco Act.
Added by Laws 1994, c. 137, § 4, eff. July 1, 1994. Amended by Laws
1996, c. 144, § 2, eff. Nov. 1, 1996; Laws 1997, c. 171, § 1, eff.
Nov. 1, 1997; Laws 2000, c. 342, § 10, eff. July 1, 2000; Laws 2001,
c. 5, § 12, emerg. eff. March 21, 2001; Laws 2004, c. 253, § 1, eff.
July 1, 2004; Laws 2014, c. 162, § 4, eff. Nov. 1, 2014. Renumbered
from § 600.3 of Title 37 by Laws 2016, c. 366, § 172, eff. Oct. 1,
2018. Amended by Laws 2020, c. 70, § 5, emerg. eff. May 19, 2020;
Laws 2021, c. 554, § 5, emerg. eff. May 28, 2021; Laws 2023, c. 310,
§ 34, eff. July 1, 2023.
Oklahoma Statutes - Title 63. Public Health and Safety Page 137
NOTE: Laws 2000, c. 277, § 2 repealed by Laws 2001, c. 5, § 13,
emerg. eff. March 21, 2001.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage
of State Question No. 792, Legislative Referendum No. 370, which was
adopted at election held on Nov. 8, 2016.
§63-1-229.15. Signs in retail establishments required – Fines.
A. Every person who sells or displays tobacco products,
nicotine products or vapor products at retail shall post
conspicuously and keep so posted at the place of business a sign, as
specified by the Alcoholic Beverage Laws Enforcement (ABLE)
Commission, stating the following: "IT'S THE LAW. WE DO NOT SELL
TOBACCO PRODUCTS, NICOTINE PRODUCTS OR VAPOR PRODUCTS TO PERSONS
UNDER 21 YEARS OF AGE." The sign shall also provide the toll-free
number operated by the Alcoholic Beverage Laws Enforcement (ABLE)
Commission for the purpose of reporting violations of the Prevention
of Youth Access to Tobacco Act.
B. When a person violates subsection A of this section, the
Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose
an administrative fine of not more than Fifty Dollars ($50.00) for
each day a violation occurs. Each day a violation is continuing
shall constitute a separate offense. The notice required by
subsection A of this section shall be the only notice required to be
posted or maintained in any store that sells tobacco products,
nicotine products or vapor products at retail.
Added by Laws 1994, c. 137, § 6, eff. July 1, 1994. Amended by Laws
1997, c. 171, § 3, eff. Nov. 1, 1997; Laws 2004, c. 253, § 2, eff.
July 1, 2004; Laws 2014, c. 162, § 6, eff. Nov. 1, 2014. Renumbered
from § 600.5 of Title 37 by Laws 2016, c. 366, § 173, eff. Oct. 1,
2018. Amended by Laws 2020, c. 70, § 6, emerg. eff. May 19, 2020;
Laws 2021, c. 554, § 6, emerg. eff. May 28, 2021.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage
of State Question No. 792, Legislative Referendum No. 370, which was
adopted at election held on Nov. 8, 2016.
§63-1-229.16. Notice to retail employees - Signed acknowledgement.
A. Every person engaged in the business of selling tobacco
products, nicotine products or vapor products at retail shall notify
each individual employed by that person as a retail sales clerk that
state law:
1. Prohibits the sale or distribution of tobacco products,
nicotine products or vapor products to any person under twenty-one
(21) years of age and the purchase or receipt of tobacco products,
nicotine products or vapor products by any person under twenty-one
(21) years of age; and
2. Requires that proof of age be demanded from a prospective
purchaser or recipient if an ordinary person would conclude on the
Oklahoma Statutes - Title 63. Public Health and Safety Page 138
basis of appearance that the prospective purchaser or recipient may
be under twenty-one (21) years of age.
B. This notice shall be provided before the individual
commences work as a retail sales clerk. The individual shall
signify that he or she has received the notice required by this
section by signing a form stating as follows:
"I understand that state law prohibits the sale or distribution of
tobacco products, nicotine products or vapor products to persons
under twenty-one (21) years of age and out-of-package sales, and
requires proof of age of purchaser or recipient if an ordinary
person would conclude on the basis of appearance that the
prospective purchaser or recipient may be under twenty-one (21)
years of age. I promise, as a condition of my employment, to obey
the law. I understand that violations by me may be punishable by
fines, suspension or nonissuance of my driver license. In addition,
I understand that violations by me may subject the storeowner to
fines or license or permit suspension."
Added by Laws 1994, c. 137, § 7, eff. July 1, 1994. Amended by Laws
1997, c. 171, § 4, eff. Nov. 1, 1997; Laws 2014, c. 162, § 7, eff.
Nov. 1, 2014. Renumbered from § 600.6 of Title 37 by Laws 2016, c.
366, § 174, eff. Oct. 1, 2018. Amended by Laws 2020, c. 70, § 7,
emerg. eff. May 19, 2020; Laws 2021, c. 554, § 7, emerg. eff. May
28, 2021.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage
of State Question No. 792, Legislative Referendum No. 370, which was
adopted at election held on Nov. 8, 2016.
§63-1-229.17. Vending machine sales restricted.
It shall be unlawful for any person to sell tobacco products,
nicotine products or vapor products through a vending machine unless
the vending machine is located:
1. In areas of factories, businesses, offices or other places
that are not open to the public; and
2. In places that are open to the public, but to which persons
under twenty-one (21) years of age are not admitted.
Added by Laws 1994, c. 137, § 8, eff. July 1, 1994. Amended by Laws
2004, c. 253, § 3, eff. July 1, 2004; Laws 2014, c. 162, § 8, eff.
Nov. 1, 2014. Renumbered from § 600.7 of Title 37 by Laws 2016, c.
366, § 175, eff. Oct. 1, 2018. Amended by Laws 2020, c. 70, § 8,
emerg. eff. May 19, 2020; Laws 2021, c. 554, § 8, emerg. eff. May
28, 2021.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage
of State Question No. 792, Legislative Referendum No. 370, which was
adopted at election held on Nov. 8, 2016.
§63-1-229.18. Distribution of tobacco or vapor products and product
samples restricted – Fines – Municipal ordinances.
Oklahoma Statutes - Title 63. Public Health and Safety Page 139
A. It shall be unlawful for any person or retailer to
distribute tobacco products, nicotine products, vapor products or
product samples to any person under twenty-one (21) years of age.
B. No person shall distribute tobacco products, nicotine
products, vapor products or product samples in or on any public
street, sidewalk, or park that is within three hundred (300) feet of
any playground, school, or other facility when the facility is being
used primarily by persons under twenty-one (21) years of age.
C. When a person violates any provision of subsection A or B of
this section, the Alcoholic Beverage Laws Enforcement (ABLE)
Commission shall impose an administrative fine of:
1. Not more than One Hundred Dollars ($100.00) for the first
offense;
2. Not more than Two Hundred Dollars ($200.00) for the second
offense; and
3. Not more than Three Hundred Dollars ($300.00) for a third or
subsequent offense.
D. Upon failure of any person to pay an administrative fine
within ninety (90) days of the assessment of the fine, the ABLE
Commission shall notify the Department of Public Safety, and the
Department shall suspend or not issue a driver license to the person
until proof of payment has been furnished to the Department of
Public Safety.
E. Cities and towns may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under
provisions of this section, but the provisions of municipal
ordinances shall be the same as provided for in this section, and
the penalty provisions under such ordinances shall not be more
stringent than those of this section.
Added by Laws 1994, c. 137, § 9, eff. July 1, 1994. Amended by Laws
1996, c. 144, § 4, eff. Nov. 1, 1996; Laws 1997, c. 171, § 5, eff.
Nov. 1, 1997; Laws 2004, c. 253, § 4, eff. July 1, 2004; Laws 2014,
c. 162, § 9, eff. Nov. 1, 2014. Renumbered from § 600.8 of Title 37
by Laws 2016, c. 366, § 176, eff. Oct. 1, 2018. Amended by Laws
2020, c. 70, § 9, emerg. eff. May 19, 2020; Laws 2021, c. 554, § 9,
emerg. eff. May 28, 2021.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage
of State Question No. 792, Legislative Referendum No. 370, which was
adopted at election held on Nov. 8, 2016.
§63-1-229.19. Sale of tobacco products except in original, sealed
packaging prohibited – Fine – Municipal ordinances.
A. It is unlawful for any person to sell cigarettes except in
the original, sealed package in which they were placed by the
manufacturer.
B. When a person violates subsection A of this section, the
Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose
Oklahoma Statutes - Title 63. Public Health and Safety Page 140
an administrative fine of not more than Two Hundred Dollars
($200.00) for each offense.
C. Cities and towns may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under
provisions of this section, but the provisions of such ordinances
shall be the same as provided for in this section, and the
enforcement provisions under such ordinances shall not be more
stringent than those of this section.
Added by Laws 1994, c. 137, § 10, eff. July 1, 1994. Amended by
Laws 1996, c. 144, § 5, eff. Nov. 1, 1996; Laws 1997, c. 171, § 6,
eff. Nov. 1, 1997. Renumbered from § 600.9 of Title 37 by Laws
2016, c. 366, § 177, eff. Oct. 1, 2018.
§63-1-229.20. Regulation by agencies or political subdivisions
restricted.
No agency or other political subdivision of the state,
including, but not limited to, municipalities, counties or any
agency thereof, may adopt any order, ordinance, rule or regulation
concerning the sale, purchase, distribution, advertising, sampling,
promotion, display, possession, licensing or taxation of tobacco
products, nicotine products or vapor products, except as provided in
Section 1511 of Title 68 of the Oklahoma Statutes, Section 1-1521 et
seq. of this title and Section 1247 of Title 21 of the Oklahoma
Statutes. Provided, however, nothing in this section shall preclude
or preempt any agency or political subdivision from exercising its
lawful authority to regulate zoning or land use or to enforce a fire
code regulation regulating smoking or tobacco products to the extent
that such regulation is substantially similar to nationally
recognized standard fire codes.
Added by Laws 1994, c. 137, § 11, eff. July 1, 1994. Amended by
Laws 2014, c. 162, § 10, eff. Nov. 1, 2014. Renumbered from §
600.10 of Title 37 by Laws 2016, c. 366, § 178, eff. Oct. 1, 2018.
Amended by Laws 2021, c. 554, § 10, emerg. eff. May 28, 2021.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage
of State Question No. 792, Legislative Referendum No. 370, which was
adopted at election held on Nov. 8, 2016.
§63-1-229.21. Display or sale of tobacco or vapor products – Public
access – Fines – Municipal ordinances.
A. It is unlawful for any person or retail store to display or
offer for sale tobacco products, nicotine products or vapor products
in any manner that allows public access to the tobacco products,
nicotine products or vapor products without assistance from the
person displaying the tobacco products, nicotine products or vapor
products or an employee or the owner of the store. The provisions
of this subsection shall not apply to retail stores which do not
admit into the store persons under twenty-one (21) years of age.
Oklahoma Statutes - Title 63. Public Health and Safety Page 141
B. When a person violates subsection A of this section, the
Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose
an administrative fine of not more than Two Hundred Dollars
($200.00) for each offense.
C. Cities and towns may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under
provisions of this section, but the provisions of municipal
ordinances shall be the same as provided for in this section, and
the penalty provisions under such ordinances shall not be more
stringent than those of this section.
Added by Laws 2004, c. 253, § 5, eff. July 1, 2004. Amended by Laws
2014, c. 162, § 11, eff. Nov. 1, 2014. Renumbered from § 600.10A of
Title 37 by Laws 2016, c. 366, § 179, eff. Oct. 1, 2018. Amended by
Laws 2020, c. 70, § 10, emerg. eff. May 19, 2020; Laws 2021, c. 554,
§ 11, emerg. eff. May 28, 2021.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage
of State Question No. 792, Legislative Referendum No. 370, which was
adopted at election held on Nov. 8, 2016.
§63-1-229.22. Enforcement of Act by ABLE Commission.
A. The Alcoholic Beverage Laws Enforcement (ABLE) Commission is
authorized and empowered to enforce the provisions of Section 1-
229.11 et seq. of this title. The ABLE Commission shall enforce
those provisions in a manner that can reasonably be expected to
reduce the extent to which tobacco products, nicotine products or
vapor products are sold or distributed to persons under twenty-one
(21) years of age.
B. The ABLE Commission may consider mitigating or aggravating
circumstances involved with the violation of the Prevention of Youth
Access to Tobacco Act when assessing penalties.
C. Any conviction for a violation of a municipal ordinance
authorized by the Prevention of Youth Access to Tobacco Act and any
compliance checks by a municipal police officer or a county sheriff
pursuant to subsection E of this section shall be reported in
writing to the ABLE Commission within thirty (30) days of such
conviction or compliance check. Such reports shall be compiled in
the manner prescribed by the ABLE Commission.
D. For the purpose of determining second or subsequent
violations, both the offenses penalized by the ABLE Commission as
administrative fines and the offenses penalized by municipalities
and towns and reported to the ABLE Commission, shall be considered
together in such determination.
E. Persons under twenty-one (21) years of age may be enlisted
by the ABLE Commission, a municipality or town, or a county to
assist in compliance checks and enforcement; provided, such persons
may be used to test compliance only if written parental consent has
been provided and the testing is conducted under the direct
Oklahoma Statutes - Title 63. Public Health and Safety Page 142
supervision of the ABLE Commission or conducted by another law
enforcement agency if such agency has given written notice to the
ABLE Commission in the manner prescribed by the ABLE Commission.
Municipalities which have enacted municipal ordinances in accordance
with the Prevention of Youth Access to Tobacco Act may conduct,
pursuant to rules of the ABLE Commission, compliance checks without
prior notification to the ABLE Commission and shall be exempt from
the written notice requirement in this subsection. This subsection
shall not apply to the use of persons under twenty-one (21) years of
age to test compliance if the compliance test is being conducted by
or on behalf of a retailer of cigarettes, as defined in Section 301
of Title 68 of the Oklahoma Statutes, at any location the retailer
of cigarettes is authorized to sell cigarettes. Any other use of
persons under twenty-one (21) years of age to test compliance shall
be unlawful and punishable by the ABLE Commission by assessment of
an administrative fine of One Hundred Dollars ($100.00).
F. At the beginning of each month, the Oklahoma Tax Commission,
pursuant to Section 205 of Title 68 of the Oklahoma Statutes, shall
provide to the ABLE Commission and to each municipality which has
ordinances concerning the Prevention of Youth Access to Tobacco Act,
the location, name, and address of each licensee licensed to sell
tobacco products, nicotine products or vapor products at retail or
otherwise furnish tobacco products, nicotine products or vapor
products. Upon violation of an employee at a location, the ABLE
Commission shall notify the storeowner for that location of the
latest and all previous violations when one of their employees has
been determined to be in violation of the Prevention of Youth Access
to Tobacco Act by the ABLE Commission or convicted of a violation by
a municipality. If the ABLE Commission fails to notify the licensee
of a violation by an employee, that violation shall not apply
against the licensee for the purpose of determining a license
suspension pursuant to Section 1-229.13 of this title. For purposes
of this subsection, notification shall be deemed given if the ABLE
Commission mails, by mail with delivery confirmation, the
notification to the address which is on file with the Oklahoma Tax
Commission of the licensee or sales tax permit holder of the
location at which the violation occurred and the ABLE Commission
receives delivery confirmation from the U.S. Postal Service.
G. Upon request of a storeowner or a municipality which has
enacted ordinances in accordance with the Prevention of Youth Access
to Tobacco Act, the ABLE Commission is hereby authorized to provide
information on any Prevention of Youth Access to Tobacco Act offense
of any applicant for employment or employee of the storeowner.
H. The ABLE Commission shall prepare for submission annually to
the Secretary of the United States Department of Health and Human
Services the report required by Section 1926 of the federal Public
Health Service Act (42 U.S.C. 300-26), and otherwise shall be
Oklahoma Statutes - Title 63. Public Health and Safety Page 143
responsible for ensuring the state's compliance with that provision
of federal law and any implementing of regulations promulgated by
the United States Department of Health and Human Services.
Added by Laws 1994, c. 137, § 12, eff. July 1, 1994. Amended by
Laws 1996, c. 144, § 6, eff. Nov. 1, 1996; Laws 1997, c. 171, § 7,
eff. Nov. 1, 1997; Laws 2004, c. 253, § 6, eff. July 1, 2004; Laws
2014, c. 162, § 12, eff. Nov. 1, 2014. Renumbered from § 600.11 of
Title 37 by Laws 2016, c. 366, § 180, eff. Oct. 1, 2018. Amended by
Laws 2020, c. 70, § 11, emerg. eff. May 19, 2020; Laws 2021, c. 554,
§ 12, emerg. eff. May 28, 2021.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage
of State Question No. 792, Legislative Referendum No. 370, which was
adopted at election held on Nov. 8, 2016.
§63-1-229.23. Municipalities to furnish information to ABLE
Commission.
Any city or town that enacts and enforces ordinances prohibiting
and penalizing conduct under provisions of Section 600.3, 600.4,
600.8 or 600.9 of this title shall furnish information requested by
the ABLE Commission in the form, manner and time as may be
determined by the ABLE Commission which will allow the ABLE
Commission to comply with subsection C of Section 600.11 of this
title.
Added by Laws 1996, c. 144, § 7, eff. Nov. 1, 1996. Renumbered from
§ 600.11a of Title 37 by Laws 2016, c. 366, § 181, eff. Oct. 1,
2018.
§63-1-229.24. Distribution of administrative fines to
municipalities.
For violations of the Prevention of Youth Access to Tobacco Act
which occur in a municipality that has adopted ordinances
prohibiting and penalizing conduct under provisions of the
Prevention of Youth Access to Tobacco Act, thirty-five percent (35%)
of each administrative fine imposed by the Alcoholic Beverage Laws
Enforcement (ABLE) Commission pursuant to the Prevention of Youth
Access to Tobacco Act shall be remitted to such municipality.
Added by Laws 1997, c. 171, § 8, eff. Nov. 1, 1997. Renumbered from
§ 600.11b of Title 37 by Laws 2016, c. 366, § 182, eff. Oct. 1,
2018.
§63-1-229.25. Certain other penalties authorized by law not
excluded.
Nothing in the Prevention of Youth Access to Tobacco Act shall
be construed to prevent the imposition of any penalty as specified
in Section 1241 of Title 21 of the Oklahoma Statutes.
Oklahoma Statutes - Title 63. Public Health and Safety Page 144
Added by Laws 1994, c. 137, § 13, eff. July 1, 1994. Renumbered
from § 600.12 of Title 37 by Laws 2016, c. 366, § 183, eff. Oct. 1,
2018.
§63-1-229.26. Transfer of any material or device used in smoking,
chewing or consumption of tobacco or vapor products to persons under
21 prohibited – Administrative fine for violation.
A. It is unlawful for any person to sell, give or furnish in
any manner to another person who is under twenty-one (21) years of
age any material or device used in the smoking, chewing, or other
method of consumption of tobacco products, nicotine products or
vapor products, including cigarette papers, pipes, holders of
smoking materials of all types, and other items designed primarily
for the smoking or ingestion of tobacco products, nicotine products
or vapor products.
B. When a person violates subsection A of this section, the
Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose
an administrative fine of not more than One Hundred Dollars
($100.00) for each offense.
Added by Laws 2004, c. 375, § 1, eff. July 1, 2004. Amended by Laws
2014, c. 162, § 13, eff. Nov. 1, 2014. Renumbered from § 600.13 of
Title 37 by Laws 2016, c. 366, § 184, eff. Oct. 1, 2018. Amended by
Laws 2020, c. 70, § 12, emerg. eff. May 19, 2020; Laws 2021, c. 554,
§ 13, emerg. eff. May 28, 2021.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage
of State Question No. 792, Legislative Referendum No. 370, which was
adopted at election held on Nov. 8, 2016.
§63-1-229.27. Short title - Prevention of Youth Access to Alocholic
Beverages and Low-Point Beer Act.
Sections 59 through 64 of this act shall be known and may be
cited as the "Prevention of Youth Access to Alcoholic Beverages and
Low-Point Beer Act".
Added by Laws 1995, c. 274, § 59, eff. Nov. 1, 1995. Renumbered
from § 601 of Title 37 by Laws 2016, c. 366, § 188, eff. Oct. 1,
2018.
§63-1-229.28. Definitions.
As used in Sections 59 through 64 of this act:
1. "Alcoholic beverage" means any beverage so defined pursuant
to Section 506 of Title 37 of the Oklahoma Statutes;
2. "Low-point beer" means any beverage so defined pursuant to
Section 163.2 of Title 37 of the Oklahoma Statutes;
3. "Person" means any individual, firm, fiduciary, partnership,
corporation, trust, or association, however formed; and
4. "Proof of age" means a driver license or a card issued for
identification only pursuant to Section 6-105 of Title 47 of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 145
Oklahoma Statutes, or other generally accepted means of
identification that describes the individual as twenty-one (21)
years of age or older and contains a photograph or other likeness of
the individual and appears on its face to be valid.
Added by Laws 1995, c. 274, § 60, eff. Nov. 1, 1995. Renumbered
from § 602 of Title 37 by Laws 2016, c. 366, § 189, eff. Oct. 1,
2018.
§63-1-229.29. Retail sale of alcoholic beverages or low-point beer
– Posting of signs – Penalty.
A. Every person who sells alcoholic beverages at retail shall
post conspicuously and keep so posted at the place of business a
sign stating the following: "IT'S THE LAW. WE DO NOT SELL
ALCOHOLIC BEVERAGES TO PERSONS UNDER 21 YEARS OF AGE". Every person
who sells low-point beer at retail shall post conspicuously and keep
so posted at the place of business a sign stating the following:
"IT'S THE LAW. WE DO NOT SELL LOW-POINT BEER TO PERSONS UNDER 21
YEARS OF AGE".
B. A violation of subsection A of this section constitutes a
misdemeanor and upon conviction thereof a violator shall be assessed
a fine not to exceed Fifty Dollars ($50.00) for each day such
offense occurred. The notices required by subsection A of this
section shall be the only notices required to be posted or
maintained in any store that sells alcoholic beverages or low-point
beer at retail.
Added by Laws 1995, c. 274, § 61, eff. Nov. 1, 1995. Renumbered
from § 603 of Title 37 by Laws 2016, c. 366, § 190, eff. Oct. 1,
2018.
§63-1-229.30. Sale of alcoholic beverages or low-point beer -
Notice to employees - Signed acknowledgement.
A. Every person engaged in the business of selling alcoholic
beverages or low-point beer at retail shall notify each individual
employed by that person as a retail sales clerk or server that state
law:
1. Prohibits the sale or distribution of alcoholic beverages
and low-point beer to any person under twenty-one (21) years of age
and the purchase or receipt of alcoholic beverages and low-point
beer by any person under twenty-one (21) years of age; and
2. Requires that proof of age be demanded from a prospective
purchaser or recipient if an ordinary person would conclude on the
basis of appearance that the prospective purchaser or recipient may
be under twenty-one (21) years of age.
B. This notice shall be provided before the individual
commences work as a retail sales clerk or server, or, in the case of
an individual employed as a retail sales clerk or server on the date
when this section becomes effective, within thirty (30) days of that
Oklahoma Statutes - Title 63. Public Health and Safety Page 146
date. The individual shall signify that he or she has received the
notice required by this section by signing a form stating as
follows:
"I understand that state law prohibits the sale or distribution
of alcoholic beverages and low-point beer to persons under twenty-
one (21) years of age, and requires proof of age of purchaser or
recipient if an ordinary person would conclude on the basis of
appearance that the prospective purchaser or recipient may be under
twenty-one (21) years of age. I have been advised on the law and I
understand the penalty for violating it."
Added by Laws 1995, c. 274, § 62, eff. Nov. 1, 1995. Renumbered
from § 604 of Title 37 by Laws 2016, c. 366, § 191, eff. Oct. 1,
2018.
§63-1-229.31. Enforcement of act - Enlistment of persons under 21
years of age.
A. All law enforcement agencies are authorized and empowered to
enforce the provisions of this act. The provisions shall be
enforced in a manner that can reasonably be expected to reduce the
extent to which alcoholic beverages and low-point beer are sold or
distributed to persons under twenty-one (21) years of age.
B. Persons under twenty-one (21) years of age may be enlisted
by law enforcement agencies to assist in enforcement. Provided,
however, that such persons may be used to test compliance only if
the testing is conducted under the direct supervision of the law
enforcement agency; provided, written parental consent shall be
obtained prior to the use of any person under the age of eighteen
(18) years. Any other use of persons under twenty-one (21) years of
age to test compliance shall be unlawful and punishable by
assessment of an administrative fine of One Hundred Dollars
($100.00).
Added by Laws 1995, c. 274, § 63, eff. Nov. 1, 1995. Renumbered
from § 605 of Title 37 by Laws 2016, c. 366, § 192, eff. Oct. 1,
2018.
§63-1-229.32. Other penalties authorized by law not excluded.
Nothing in the Prevention of Youth Access to Alcoholic Beverages
and Low-Point Beer Act shall be construed to prevent the imposition
of any penalty as otherwise specified in the Oklahoma Statutes.
Added by Laws 1995, c. 274, § 64, eff. Nov. 1, 1995. Renumbered
from § 606 of Title 37 by Laws 2016, c. 366, § 193, eff. Oct. 1,
2018.
§63-1-229.33. Prevention of Youth Access to Alcohol Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Department of Mental Health and Substance Abuse Services to
be designated the "Prevention of Youth Access to Alcohol Revolving
Oklahoma Statutes - Title 63. Public Health and Safety Page 147
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Department of Mental Health and Substance Abuse Services from fines
collected pursuant to Section 241 of this title. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Department of Mental Health and
Substance Abuse Services for the purpose of programs and campaigns
to educate the public and law enforcement about the dangers and
consequences of providing alcohol to minors. Expenditures from said
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 2006, c. 61, § 13, eff. July 1, 2006. Renumbered from
6-107.7 of Title 47 by Laws 2007, c. 62, § 23, emerg. eff. April 30,
2007. Amended by Laws 2012, c. 304, § 129. Renumbered from § 608
of Title 37 by Laws 2016, c. 366, § 194, eff. Oct. 1, 2018.
§63-1-229.34. Hired bus or limousine service.
A. It shall be unlawful for any person owning or operating a
hired bus or limousine service vehicle licensed as a "motor carrier
of persons or property", as defined in the Motor Carrier Act of
1995, Section 230.23 et seq. of Title 47 of the Oklahoma Statutes,
to knowingly transport a minor or minors, under the age of twenty-
one (21) years, who are in possession of or consuming alcoholic
beverages, including low-point beer as defined by Section 163.19 of
Title 37 of the Oklahoma Statutes.
B. The operator of any vehicle found in violation of this act
shall upon conviction be subject to a misdemeanor offense punishable
by a fine of not more than Five Hundred Dollars ($500.00) and upon a
second or subsequent conviction such operator shall be subject to
the fine and mandatory revocation of his or her driving privileges
pursuant to Section 6-205 of Title 47 of the Oklahoma Statutes.
C. The owner of any vehicle found in violation of this section
shall upon conviction be subject to a misdemeanor offense punishable
by a fine of not more than Five Hundred Dollars ($500.00) and upon a
second or subsequent conviction such owner shall be subject to the
fine and forfeiture of his or her Interstate Registration
Certificate and/or other license issued pursuant to Section 230.21
et seq. of Title 47 of the Oklahoma Statutes, in addition to any
other government-issued license authorizing the owner to operate
such vehicle for a period of one (1) year.
D. Any law enforcement agency issuing a citation for a
violation of this section shall, upon the violator's conviction,
report the violation to the Corporation Commission. The Corporation
Commission shall, upon an administrative hearing, proceed with
revocation proceedings pursuant to the provisions of this act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 148
E. Any person found in violation of this section and subject to
the license or permit revocations herein may apply for reinstatement
of such license or permit following the conclusion of the two-year
period with the appropriate state agency pursuant to law.
F. The Corporation Commission, the Department of Public Safety
and any other state agency affected by the provisions of this
section are authorized to promulgate rules as necessary to implement
the provisions of this act.
Added by Laws 2010, c. 333, § 1, eff. Nov. 1, 2010. Renumbered from
§ 609 of Title 37 by Laws 2016, c. 366, § 195, eff. Oct. 1, 2018.
§63-1-229.35. Vapor manufacturers to attest to applying for or
receiving a marketing order.
A. Beginning July 1, 2023, every manufacturer of a vapor
product that is sold or intended to be sold in this state, whether
directly or through a distributor, retailer, or similar intermediary
or intermediaries, shall execute and deliver an attestation under
penalty of perjury to the Oklahoma Alcoholic Beverage Laws
Enforcement (ABLE) Commission certifying that, as of the date of
such attestation:
1. The vapor product was available for purchase in the United
States as of August 8, 2016, and the manufacturer has applied for a
marketing order for the vapor product by submitting a Premarket
Tobacco Product Application on or before September 9, 2020, to the
United States Food and Drug Administration (FDA); or
2. The manufacturer has received a marketing order or other
authorization for the vapor product from the FDA pursuant to Section
387j of Title 21 of the United States Code.
B. The manufacturer shall notify the ABLE Commission within
thirty (30) days of any material change to the attestation,
including whether the FDA has issued or not issued a market order or
other authorization or has ordered the manufacturer to remove the
vapor product, either temporarily or permanently, from the United
States market.
C. The ABLE Commission shall develop a directory listing all of
the manufacturers that have provided attestations that comply with
subsection A of this section and all vapor products that are listed
in such attestations. The ABLE Commission shall:
1. Make the directory available for public inspection on its
website on or before October 1, 2023; and
2. Update the directory as necessary to correct mistakes and to
add or remove manufacturers or vapor products to maintain the
directory in conformity with the requirements of this section.
D. It shall be unlawful for any person, directly or indirectly,
to knowingly manufacture, distribute, sell, barter, or furnish in
this state any vapor product that is not included in the directory.
Oklahoma Statutes - Title 63. Public Health and Safety Page 149
Added by Laws 2021, c. 192, § 1, eff. Nov. 1, 2021. Amended by Laws
2022, c. 95, § 1, emerg. eff. April 28, 2022.
§63-1-230. Repealed by Laws 2005, c. 211, § 5, eff. Nov. 1, 2005.
§63-1-231. Short title - Purpose.
This act shall be known and may be cited as the "Maternal and
Infant Care Improvement Act" which shall have as its purpose, the
coordination, development and enhancement of a system of maternal
and infant health services in the state in order to decrease infant
mortality by providing prenatal care to pregnant women.
Added by Laws 1991, c. 250, § 1, eff. Sept. 1, 1991. Amended by
Laws 2005, c. 211, § 1, eff. Nov. 1, 2005.
§63-1-232. Statewide program to promote health care.
The State Department of Health shall establish a statewide
program directed toward the health needs of pregnant women and
infants. This program shall promote the importance of prenatal and
postnatal maternal and infant health care and shall provide free
information regarding the types, location and availability of
maternal and infant health care services.
Added by Laws 1991, c. 250, § 2, eff. Sept. 1, 1991. Amended by
Laws 2005, c. 211, § 2, eff. Nov. 1, 2005.
§63-1-232.1. Prenatal classes - Risks of drug or alcohol use-
Treatment – Education and prevention materials.
A. All prenatal classes offered shall include in their
education curriculum the following:
1. The risks of drug or alcohol use during pregnancy to the
unborn child and to the mother;
2. The risks of underage drinking, including information to
assist new parents in preventing underage drinking in their own
children; and
3. Information on screening, assessment, intervention, and
referral for treatment of substance dependency.
B. All persons licensed to practice medicine and surgery or who
are licensed osteopathic physicians and surgeons or who are
certified nurse-midwives, advanced nurse practitioners and who
provide prenatal, delivery, infant care services and other child or
adult health services related to maternal and infant care shall
provide access to screening, assessment, intervention, and referral
for treatment of substance dependency.
C. Education and prevention materials regarding the risks of
alcohol or drug use during pregnancy and the risks of underage
drinking shall be made readily available by those governed by this
section and shall be distributed to individuals who report to their
Oklahoma Statutes - Title 63. Public Health and Safety Page 150
health care provider they are pregnant or are planning to become
pregnant.
Added by Laws 2008, c. 261, § 1, eff. July 1, 2008.
§63-1-232.2. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
2013.
§63-1-233. Providers as state employees - Protection from liability
- Employment contracts.
A. Persons licensed to practice medicine and surgery or who are
licensed osteopathic physicians and surgeons or who are certified
nurse-midwives, advanced nurse practitioners and who provide
prenatal, delivery, infant care services and other child or adult
health services to State Department of Health clients pursuant to
and in strict compliance with all terms of a contract with the State
Department of Health authorized by paragraph 3 of subsection B of
Section 1-106 of this title, shall be considered employees of the
state for purposes of The Governmental Tort Claims Act only, but
only insofar as actions within the employee's scope of employment as
specified by the terms of the contract.
B. Such contracts shall provide that any prenatal, delivery and
infant care services rendered by the provider shall fully comply
with the Standards for Ambulatory Obstetrical Care of the American
College of Obstetrics and Gynecology and the Perinatal Care
Guidelines of the American College of Obstetrics and Gynecology and
the American Academy of Pediatrics as adopted and incorporated into
the Standards and Guidelines for Public Providers of Maternity
Services of the State Department of Health in order to entitle the
provider to the limited liability provided by subsection A of this
section.
C. Any contract executed pursuant to this section shall state
with specificity, the exact services to be provided and the
particular services which shall entitle the provider to the limited
liability provided by subsection A of this section.
D. Any services provided or contracts entered into pursuant to
this act shall include only those activities designed to promote the
healthiest possible outcomes for mother and child. The prenatal and
postnatal services provided with these funds shall be used solely to
provide health care services for pregnant women, decrease infant
mortality and facilitate the birth of a live child. For purposes of
this act, “health care services” does not include abortion, abortion
referral, or abortion counseling. This subsection shall be
inseverable from this section.
Added by Laws 1991, c. 250, § 3, eff. Sept. 1, 1991. Amended by
Laws 2005, c. 211, § 3, eff. Nov. 1, 2005.
Oklahoma Statutes - Title 63. Public Health and Safety Page 151
§63-1-233.1. Short title - Ava's Law – Information to be provided
to pregnant individuals.
A. This section shall be known and may be cited as "Ava's Law".
B. All persons licensed to practice medicine and surgery in
this state, or who are Advanced Practice Registered Nurses including
but not limited to Certified Nurse-Midwives, and who provide
prenatal, delivery, infant care services, and other child or adult
health services related to maternal and infant care shall provide to
individuals who report to such person that they are pregnant the
information provided by the State Department of Health under
subsection C of this section.
C. The State Department of Health shall compile and make
available on its Internet website educational resources on:
1. Infant cardiopulmonary resuscitation and basic first aid
including contact information for training programs; and
2. Cord blood banking and donation.
Added by Laws 2022, c. 46, § 1, eff. Nov. 1, 2022.
§63-1-234. Repealed by Laws 2005, c. 211, § 5, eff. Nov. 1, 2005.
§63-1-234.1. Breast-feeding – Declaration as right.
The Legislature hereby declares that breast-feeding a baby
constitutes a basic act of nurturing to which every baby has a right
and which should be encouraged in the interests of maternal and
child health. In furtherance of this right, a mother may breast-
feed her baby in any location where the mother is otherwise
authorized to be. Breast-feeding shall not constitute a violation
of any provision of Title 21 of the Oklahoma Statutes.
Added by Laws 2004, c. 332, § 1, emerg. eff. May 25, 2004.
§63-1-235. Short title.
This act shall be known and may be cited as the "Act for
Coordination of Efforts for Prevention of Adolescent Pregnancy and
Sexually Transmitted Diseases".
Added by Laws 1994, c. 170, § 1, eff. July 1, 1994.
§63-1-236. Definitions.
A. As used in this act:
1. "Committee" means the Joint Legislative Committee for Review
of Coordination of Efforts for Prevention of Adolescent Pregnancy
and Sexually Transmitted Diseases;
2. "Coordinating Council" means the Interagency Coordinating
Council for Coordination of Efforts for Prevention of Adolescent
Pregnancy and Sexually Transmitted Diseases; and
3. "State Plan" means the State Plan for Coordination of
Efforts for Prevention of Adolescent Pregnancy and Sexually
Transmitted Diseases.
Oklahoma Statutes - Title 63. Public Health and Safety Page 152
B. The purpose of this act is to provide for a comprehensive,
coordinated, multidisciplinary and interagency effort to reduce the
rate of adolescent pregnancy and sexually transmitted diseases
within the State of Oklahoma.
Added by Laws 1994, c. 170, § 2, eff. July 1, 1994.
§63-1-237. Interagency Coordinating Council for Coordination of
Efforts for Prevention of Adolescent Pregnancy and Sexually
Transmitted Diseases.
1. The Governor shall appoint an Interagency Coordinating
Council for Coordination of Efforts for Prevention of Adolescent
Pregnancy and Sexually Transmitted Diseases which shall be composed
of thirty-one (31) members as follows:
a. the chief executive officers or their designees of
the:
(1) Commission on Children and Youth,
(2) State Department of Education,
(3) Oklahoma Department of Career and Technology
Education,
(4) Department of Human Services,
(5) Department of Mental Health and Substance Abuse
Services,
(6) Office of Volunteerism,
(7) State Department of Health, and
(8) College of Public Health,
b. the Executive Director of the Office of Juvenile
Affairs or designee,
c. two representatives from the Maternal and Infant
Health Division, two representatives from the HIV/STD
Division, two representatives from the Child Health
and Guidance Division of the State Department of
Health,
d. a superintendent of an independent school district,
e. a representative of a statewide association of medical
doctors,
f. a representative of a statewide association of
osteopathic physicians,
g. a representative of a statewide association of parents
and teachers,
h. a representative of a statewide association of
classroom teachers,
i. a representative of a statewide association of school
counselors,
j. a principal of an alternative education program,
k. a representative of business or industry,
l. a representative of a statewide association formed for
the purpose of developing leadership skills,
Oklahoma Statutes - Title 63. Public Health and Safety Page 153
m. a representative of an ecumenical association,
n. two parents of ten- to twenty-year-old children,
o. a teenage girl,
p. a representative of a nonprofit statewide child
advocacy organization,
q. the Governor or the Governor's designee, who shall
chair the Coordinating Council.
Legal assistance shall be provided by the Office of the Attorney
General. Staff support and assistance shall be provided by the
State Department of Health as the legal agency.
2. The Coordinating Council shall:
a. on or before December 1, 1994, complete the State Plan
pursuant to the provisions of Section 1-238 of this
title and present it to the Committee for approval,
and
b. after approval of the State Plan, monitor
implementation of the plan, evaluate the plan, meet
with the Committee concerning revisions whenever
requested to do so, and on or before November 1, 1995,
and November 1 of each subsequent year, submit a
report on the implementation and evaluation of the
State Plan to the Governor, the President Pro Tempore
of the Senate and the Speaker of the House of
Representatives.
Added by Laws 1994, c. 170, § 3, eff. July 1, 1994. Amended by Laws
2000, c. 177, § 14, eff. July 1, 2000; Laws 2001, c. 33, § 58, eff.
July 1, 2001; Laws 2007, c. 93, § 1, eff. Nov. 1, 2007.
§63-1-237.1. Postponing Sexual Involvement for Young Teens program.
A. On or before January 1, 2011, the State Department of Health
shall contract with community or faith-based organizations in order
to expand the Postponing Sexual Involvement (PSI) for Young Teens
program. The purpose of the program shall be to reduce the
incidence of teen pregnancies in this state by encouraging teenagers
to abstain from sexual activities.
B. The Postponing Sexual Involvement (PSI) for Young Teens
program shall be directed to geographic areas in the state where the
teen birth rate is higher than the state average and where the
children and their families are in greatest need because of an
unfavorable combination of economic, social, environmental, and
health factors, including, without limitation, extensive poverty,
high crime rate, great incidence of low birth weight babies, high
incidence of alcohol and drug abuse, and high rates of teen
pregnancy. The selection of a geographic site shall also consider
the incidence of young children within these at-risk geographic
areas who are cocaine babies, children of teenage parents, low birth
weight babies, and very young foster children.
Oklahoma Statutes - Title 63. Public Health and Safety Page 154
C. Funding for this program shall be provided from the unused
funds from the Oklahoma Employer/Employee Partnership for Insurance
Coverage pursuant to Section 1010.1 of Title 56 of the Oklahoma
Statutes, not to exceed Five Hundred Thousand Dollars ($500,000.00).
Added by Laws 2007, c. 318, § 4, emerg. eff. June 4, 2007.
§63-1-238. State Plan.
A. The State Plan for Coordination of Efforts for Prevention of
Adolescent Pregnancy and Sexually Transmitted Diseases shall include
but not necessarily be limited to:
1. A statewide public awareness campaign which extols the
virtue of abstaining from premarital sexual activity. Said public
awareness campaign shall not directly or indirectly condone
premarital or promiscuous sexual activity;
2. Identification of effective prevention strategies;
3. Identification of resources, both within the agencies
subject to the provisions of this act and within the communities;
4. Identification of sources of revenue for programs and
efforts from private as well as federal and state sources;
5. Development and replication of effective model programs;
6. Empowerment of communities in developing local prevention
strategies;
7. Development of recommendations for local prevention efforts
and technical assistance to communities;
8. Delineation of service responsibilities and coordination of
delivery of services by the agencies subject to the provisions of
this act;
9. Coordination and collaboration among related efforts and
programs;
10. Evaluation of prevention strategies and programs;
11. Distribution of information on prevention programs and
strategies; and
12. A funding and implementation plan which shall provide for
utilization of identifiable financial resources from federal, state,
local and private resources and coordination of those resources to
fund related services.
B. On or before July 1, 1995, the agencies subject to the
provisions of this act shall enter into interagency agreements for
the purpose of implementing the State Plan.
C. On or before September 1, 1995, and each September 1
thereafter, a joint funding plan shall be submitted to the Governor,
the President Pro Tempore of the Senate and the Speaker of the House
of Representatives by the agencies subject to the provisions of this
act. The individual components of the plan as they relate to
individual agencies shall be incorporated annually into each
affected agency's budget request in accordance with the provisions
of Section 41.29 of Title 62 of the Oklahoma Statutes.
Oklahoma Statutes - Title 63. Public Health and Safety Page 155
Added by Laws 1994, c. 170, § 4, eff. July 1, 1994.
§63-1-239. Repealed by Laws 1998, c. 22, § 2, emerg. eff. April 1,
1998.
§63-1-240. Renumbered as Title 10, § 440 by Laws 2012, c. 253, § 6,
eff. Nov. 1, 2012.
§63-1-241. Renumbered as Title 10, § 441 by Laws 2012, c. 253, § 6.
§63-1-242. Short title - Maternal Mortality Review Act.
This act shall be known and may be cited as the "Maternal
Mortality Review Act", which shall have as its purpose the
coordination, development and enhancement of a system of maternal
health services in the state in order to decrease maternal
mortality.
Added by Laws 2019, c. 473, § 1, eff. Nov. 1, 2019.
§63-1-242.1. Definitions.
As used in the Maternal Mortality Review Act:
1. "Committee" means the Maternal Mortality Review Committee;
2. "Health care entity" means:
a. any hospital or related institution offering or
providing health care services,
b. any ambulatory surgical center offering or providing
health care services under a license,
c. the clinical practices of accredited allopathic and
osteopathic state medical schools, and
d. any other entity directly involved in the delivery of
health care services;
3. "Pregnancy-related death" means the death of a woman while
pregnant or within one (1) year of delivery or the end of pregnancy,
regardless of the duration and site of the pregnancy, from any cause
related to or aggravated by the pregnancy or its management, but not
from accidental or incidental causes; and
4. "Pregnancy-associated death" means the death of a woman,
from any cause, while she is pregnant or within one (1) year of
termination of pregnancy.
Added by Laws 2019, c. 473, § 2, eff. Nov. 1, 2019.
§63-1-242.2. Maternal Mortality Review Committee.
A. There is hereby created, to continue until November 1, 2029,
the Maternal Mortality Review Committee. The Committee shall have
the power and duty to:
1. Conduct case reviews of the pregnancy-related and pregnancy-
associated maternal deaths of women in Oklahoma;
Oklahoma Statutes - Title 63. Public Health and Safety Page 156
2. Improve the ability to provide high-quality, evidence-based
health care to women and infants in Oklahoma;
3. Identify gaps in the provision of health care services
including, but not limited to, quality of care, access to the most
appropriate health care, transportation and lack of financial
resources;
4. Review probable cause of death and identify contributing
factors;
5. Decide if the death was preventable, and if so what actions
could have been taken to prevent the death;
6. Identify action items related to issues identified to
improve the provision of health care and prevent future maternal
deaths;
7. Enter into agreements with other state, local and private
entities as necessary to carry out the duties of the Committee; and
8. Recommend rules to be promulgated as needed to and by the
State Commissioner of Health.
B. In carrying out its duties and responsibilities the
Committee shall:
1. Establish criteria for case review involving pregnancy-
related and pregnancy-associated maternal death or near death
subject to specific, in-depth review by the Committee;
2. Conduct review for all cases identified as pregnancy-related
and pregnancy-associated maternal deaths or near deaths where
sufficient information is obtainable to evaluate the case;
3. Establish and maintain statistical information related to
the deaths and near deaths necessary to compile data and identify
gaps in services or areas subject to improvement in the provision of
health care;
4. Establish procedures for obtaining information related to
the deaths necessary to accurately determine cause of death,
contributing factors, gaps in service and areas subject to
improvement in the provision of health care;
5. Contact family members and other affected or involved
persons to collect additional relevant data;
6. Request and obtain a copy of all records and reports
pertaining to the pregnancy-related and pregnancy-associated
maternal mortality or near-death case under review. All case
reviews shall remain in the possession of Committee staff and only
de-identified information will be presented to the Committee,
including but not limited to the following:
a. medical examiner reports,
b. hospital/health care entity records,
c. court records,
d. prosecutorial records,
Oklahoma Statutes - Title 63. Public Health and Safety Page 157
e. local, state, and federal law enforcement records
including, but not limited to, the Oklahoma State
Bureau of Investigation,
f. fire department records,
g. State Department of Health records, including birth
and death certificate records,
h. medical and dental records,
i. Department of Mental Health and Substance Abuse
Services and other mental health records,
j. emergency medical service records, and
k. pharmacy records.
Confidential information provided to the Committee shall be
maintained by the Committee in a confidential manner as otherwise
required by state and federal law. Any person damaged by disclosure
of such confidential information by the Committee or its members
which is not authorized by law may maintain an action for damages,
costs and attorney fees pursuant to The Governmental Tort Claims
Act; and
7. Maintain all confidential information, documents and records
in possession of the Committee as confidential and not subject to
subpoena or discovery in any civil or criminal proceedings; provided
however, information, documents and records otherwise available from
other sources shall not be exempt from subpoena or discovery through
those sources solely because such information, documents and records
were presented to or reviewed by the Committee.
C. The review and discussion of individual cases of pregnancy-
related and pregnancy-associated maternal death or near death shall
be conducted in executive session. Any discussion of individual
cases and any writing produced by or created by the Committee as the
result of its review shall be privileged and shall not be admissible
in evidence in any proceeding. All other business shall be
conducted in accordance with the provisions of the Oklahoma Open
Meeting Act.
D. A health care provider, health care facility, pharmacy or
any other entity providing access to medical records pursuant to
this statute shall not be held liable for civil damages or be
subject to any criminal or disciplinary action for good-faith
efforts in providing such records.
Added by Laws 2019, c. 473, § 3, eff. Nov. 1, 2019.
§63-1-242.3. Investigation – Subpoena for production of records.
A. In any investigation relating to the functions of the
Maternal Mortality Review Committee, the State Commissioner of
Health may require production of, by subpoena, any records,
including books, papers, documents, and other tangible things which
constitute or contain evidence which the Committee finds relevant to
the investigation and review, if the Committee has been unable to
Oklahoma Statutes - Title 63. Public Health and Safety Page 158
obtain the necessary information by requesting it. The production
of records may be required from any place in the state to be
forwarded to the Committee. Reasonable copying fees shall be paid
upon request.
B. Compliance with the subpoena may be accomplished by:
1. Producing documents, as requested; or
2. Notifying the Committee, in writing, of refusal to produce
documents, within ten (10) days of the date of service.
The subpoena form shall clearly set forth the optional means of
compliance including instructions for sending written notice of
refusal.
C. A subpoena issued pursuant to this section may be served by
any person designated in the subpoena to serve it. Service upon a
natural person may be made by personal delivery of the subpoena to
the person. Service may be made upon a domestic or foreign
corporation or upon a partnership or other unincorporated
association which is subject to suit under a common name by
delivering the subpoena to an officer, to a managing or general
agent or to any other agent authorized by appointment or by law to
receive service of process. The affidavit of the person serving the
subpoena entered on a true copy thereof by the person serving it
shall be proof of service.
D. In the case of refusal to obey a subpoena issued to any
person, the Commissioner of Health may invoke the aid of any
district court within the jurisdiction where the investigation is
carried out, where the subpoenaed person is an inhabitant, or where
such person conducts business or may be found, to compel compliance
with the subpoena. The court may issue an order requiring the
subpoenaed person to appear before the Commissioner of Health to
produce records, if so ordered. Any failure to obey the order of
the court may be punished by the court as an indirect contempt
thereof. All processes in any such case may be served in any
judicial district in which such person may be found.
E. The district court of the county wherein the subpoena is
served may quash a subpoena issued pursuant to this section upon a
motion to quash the subpoena filed with the court by the party to
whom the subpoena is issued.
Added by Laws 2019, c. 473, § 4, eff. Nov. 1, 2019.
§63-1-242.4. Composition and structure of Committee.
The Maternal Mortality Review Committee shall be composed of
eleven (11) members, or their designees, as follows:
1. Eight of the members shall be:
a. the Chair of the Oklahoma Chapter of the American
College of Obstetricians and Gynecologists,
b. the President of the Oklahoma Chapter of the American
College of Nurse-Midwives,
Oklahoma Statutes - Title 63. Public Health and Safety Page 159
c. the Medical Director for the Oklahoma Perinatal
Quality Improvement Collaborative,
d. the Director of the Maternal and Child Health Service
of the State Department of Health,
e. the Chair of the Oklahoma Chapter of the Association
of Women’s Health, Obstetric and Neonatal Nurses,
f. the Executive Director of the Southern Plains Tribal
Health Board,
g. the Director of the Oklahoma Perinatal Quality
Improvement Collaborative, and
h. the administrative program manager of the Maternal and
Child Health Service Perinatal and Reproductive Health
Division; and
2. Three of the members shall be appointed by the State
Commissioner of Health to serve for two-year terms and shall be
eligible for reappointment. The members shall be persons having
training and experience in matters related to maternal mortality and
severe maternal morbidity. The members shall be appointed from the
following positions:
a. a physician who is a member of the Oklahoma State
Medical Association or the Oklahoma Osteopathic
Association,
b. a maternal-fetal medicine physician, and
c. an individual who has been affected by pregnancy-
related or pregnancy-associated deaths, severe
maternal morbidity, and/or lack of access to maternal
health care services.
Every two (2) years the Committee shall elect from among its
membership a chair and a vice chair. The Committee shall meet at
least quarterly and may meet more frequently as necessary as
determined by the chair.
Added by Laws 2019, c. 473, § 5, eff. Nov. 1, 2019. Amended by Laws
2024, c. 263, § 1, eff. Nov. 1, 2024.
§63-1-243. Requirements concerning perinatal mental health
disorders.
A. As used in this section:
1. "Hospital" shall have the same meaning as such term is
defined in Section 1-701 of Title 63 of the Oklahoma Statutes;
2. "Licensed health care professional" means a licensed
allopathic or osteopathic physician, a licensed Advanced Practice
Registered Nurse or a licensed physician assistant;
3. "Postnatal care" means an office visit to a licensed health
care professional occurring after birth, with reference to the
infant or mother;
Oklahoma Statutes - Title 63. Public Health and Safety Page 160
4. "Prenatal care" means an office visit to a licensed health
care professional for pregnancy-related care occurring before birth;
and
5. "Questionnaire" means an assessment tool administered by a
licensed health care professional to detect perinatal mental health
disorders, such as the Edinburgh Postnatal Depression Scale, the
Postpartum Depression Screening Scale, the Beck Depression
Inventory, the Patient Health Questionnaire or other validated
assessment methods.
B. The State Board of Medical Licensure and Supervision, the
State Board of Osteopathic Examiners and the State Board of Nursing
may work with hospitals and licensed health care professionals in
this state to develop policies, procedures, information and
educational materials to meet each of the following requirements
concerning perinatal mental health disorders:
1. Licensed health care professionals providing prenatal care
to women shall provide education to women and, if possible and with
permission, to their families about perinatal mental health
disorders in accordance with the formal opinions and recommendations
of the American College of Obstetricians and Gynecologists;
2. All hospitals that provide labor and delivery services in
this state shall provide new mothers, prior to discharge following
childbirth, and, if possible, shall provide fathers and other family
members with complete information about perinatal mental health
disorders, including its symptoms, methods of coping with the
illness and treatment resources;
3. Licensed health care professionals providing prenatal care
at a prenatal visit shall invite each pregnant patient to complete a
questionnaire and shall review the completed questionnaire in
accordance with the formal opinions and recommendations of the
American College of Obstetricians and Gynecologists. Assessment for
perinatal mental health disorders shall be repeated when, in the
professional judgment of the licensed health care professional, a
reasonable possibility exists that the woman suffers from perinatal
mental health disorders;
4. Licensed health care professionals providing postnatal care
to women shall invite each patient to complete a questionnaire and
shall review the completed questionnaire in accordance with the
formal opinions and recommendations of the American College of
Obstetricians and Gynecologists; and
5. Licensed health care professionals providing pediatric care
to an infant shall invite the infant's mother to complete a
questionnaire at any well-baby checkup at which the mother is
present prior to the infant's first birthday, and shall review the
completed questionnaire in accordance with the formal opinions and
recommendations of the American College of Obstetricians and
Gynecologists, in order to ensure that the health and well-being of
Oklahoma Statutes - Title 63. Public Health and Safety Page 161
the infant are not compromised by an undiagnosed perinatal mental
health disorder in the mother. In order to share results from an
assessment with the mother's primary licensed health care
professional, consent should be obtained from the mother in
accordance with the Health Insurance Portability and Accountability
Act of 1996, 29 U.S.C.A., Section 1181 et seq. If the mother is
determined to present an acute danger to herself or someone else,
consent is not required.
Added by Laws 2019, c. 181, § 1, eff. Nov. 1, 2019.
NOTE: Editorially renumbered from § 1-242 of this title to avoid
duplication in numbering.
§63-1-250. Repealed by Laws 2009, c. 178, § 15.
§63-1-260.1. Short title.
This act shall be known and may be cited as the “Osteoporosis
Prevention and Treatment Education Act”.
Added by Laws 1999, c. 198, § 1, eff. Nov. 1, 1999.
§63-1-260.2. Purposes of act – Duties of Board of Health and
Department of Health.
A. The purposes of this act are:
1. To design and implement a multigenerational, statewide
program of public awareness and knowledge about:
a. the causes of osteoporosis,
b. personal risk factors,
c. the value of prevention and early detection, and
d. the options available for treatment;
2. To facilitate and enhance knowledge and understanding of
osteoporosis by disseminating educational materials, information
about research results, services, and strategies for prevention and
treatment to patients, health professionals, and the public;
3. To utilize educational and training resources and services
that have been developed by organizations with appropriate expertise
and knowledge of osteoporosis, and to use available technical
assistance;
4. To evaluate existing osteoporosis services in the community
and assess the need for improving the quality and accessibility of
community-based services;
5. To provide easy access to clear, complete, and accurate
osteoporosis information and referral services;
6. To educate and train service providers, health
professionals, and physicians;
7. To heighten awareness about the prevention, detection, and
treatment of osteoporosis among state and local health and human
service officials, health educators, and policymakers;
Oklahoma Statutes - Title 63. Public Health and Safety Page 162
8. To coordinate state programs and services to address the
issue of osteoporosis;
9. To promote the development of support groups for
osteoporosis patients and their families and caregivers;
10. To adequately fund these programs; and
11. To provide lasting improvements in the delivery of
osteoporosis health care that affect the quality of life of
osteoporosis patients and that contain health care costs.
B. 1. The State Board of Health, giving consideration to the
recommendations of the Advancement of Wellness Advisory Council
created in Section 44 of this act, shall promulgate rules necessary
to enact the provisions of the Osteoporosis Prevention and Treatment
Education Act.
2. The State Department of Health, as funds are available,
shall:
a. provide sufficient staff to implement the Osteoporosis
Prevention and Treatment Education Program,
b. provide appropriate training for staff of the
Osteoporosis Prevention and Treatment Education
Program,
c. identify the appropriate entities to carry out the
program,
d. base the program on the most up-to-date scientific
information and findings,
e. work to improve the capacity of community-based
services available to osteoporosis patients,
f. work with governmental offices, community and business
leaders, community organizations, health care and
human service providers, and national osteoporosis
organizations to coordinate efforts and maximize state
resources in the areas of prevention, education, and
treatment of osteoporosis, and
g. identify and, when appropriate, replicate or use
successful osteoporosis programs and procure related
materials and services from organizations with
appropriate expertise and knowledge of osteoporosis.
Added by Laws 1999, c. 198, § 2, eff. Nov. 1, 1999. Amended by Laws
2013, c. 229, § 53, eff. Nov. 1, 2013.
§63-1-260.3. Establishment, promotion, and maintenance of
osteoporosis prevention and treatment education program - Needs
assessment.
The State Department of Health shall establish, promote, and
maintain an osteoporosis prevention and treatment education program
in order to effectuate the purposes of this act as follows:
1. The Department shall use, but is not limited to, the
following strategies for:
Oklahoma Statutes - Title 63. Public Health and Safety Page 163
a. raising public awareness on the causes and nature of
osteoporosis, personal risk factors, value of
prevention and early detection, and options for
diagnosing and treating the disease:
(1) an outreach campaign utilizing print, radio, and
television public service announcements,
advertisements, posters, and other materials,
(2) community forums,
(3) health information and risk factor assessment at
public events,
(4) targeting at-risk populations,
(5) providing reliable information to policymakers,
and
(6) distributing information through county health
departments, schools, area agencies on aging,
employer wellness programs, physicians, hospitals
and health maintenance organizations, women’s
groups, nonprofit organizations, community-based
organizations, and departmental regional offices,
b. educating consumers about risk factors, diet and
exercise, diagnostic procedures and their indications
for use, risks and benefits of drug therapies
currently approved by the U.S Food and Drug
Administration, environmental safety and injury
prevention, and the availability of diagnostic,
treatment, and rehabilitation services:
(1) identify and obtain educational materials,
including brochures and videotapes, which
accurately translate the latest scientific
information on osteoporosis in easy-to-understand
terms,
(2) build a statewide system of resources to provide
information and referral on all aspects of
osteoporosis, including educational materials and
counseling,
(3) establish state linkage with an existing toll-
free hotline for consumers,
(4) facilitate the development and maintenance of
osteoporosis support groups, and
(5) conduct workshops and seminars for lay audiences,
and
c. educating physicians and health professionals and
training community service providers on the most up-
to-date, accurate scientific and medical information
on osteoporosis prevention, diagnosis, and treatment,
therapeutic decision-making, including guidelines for
detecting and treating the disease in special
Oklahoma Statutes - Title 63. Public Health and Safety Page 164
populations, risks and benefits of medications, and
research advances:
(1) identify and obtain education materials for the
health care provider which translates the latest
scientific and medical information into clinical
applications,
(2) raise awareness among physicians and health and
human services professionals as to the importance
of osteoporosis prevention, early detection,
treatment, and rehabilitation,
(3) identify and use available curricula for training
health and human service providers and community
leaders on osteoporosis prevention, detection,
and treatment,
(4) provide workshops and seminars for in-depth
professional development in the field of the care
and management of the patient with osteoporosis,
and
(5) conduct a statewide conference on osteoporosis at
appropriate intervals;
2. a. The Department shall conduct a needs assessment to
identify:
(1) research being conducted within the state,
(2) available technical assistance and educational
materials and programs nationwide,
(3) the level of public and professional awareness
about osteoporosis,
(4) the needs of osteoporosis patients, their
families, and caregivers,
(5) needs of health care providers, including
physicians, nurses, managed care organizations,
and other health care providers,
(6) the service available to the osteoporosis
patient,
(7) existence of osteoporosis treatment programs,
(8) existence of osteoporosis support groups,
(9) existence of rehabilitation services, and
(10) number and location of bone density testing
equipment.
b. Based on the needs assessment, the Department shall
develop and maintain a list of osteoporosis-related
services and osteoporosis health care providers with
specialization in services to prevent, diagnose, and
treat osteoporosis. This list shall be disseminated
with a description of diagnostic testing procedures,
appropriate indications for their use, drug therapies
currently approved by the U.S. Food and Drug
Oklahoma Statutes - Title 63. Public Health and Safety Page 165
Administration, and a cautionary statement about the
current status of osteoporosis research, prevention,
and treatment. Such cautionary statement shall also
indicate that the Department does not license,
certify, or in any way approve osteoporosis programs
or centers in the state.
Added by Laws 1999, c. 198, § 3, eff. Nov. 1, 1999.
§63-1-260.4. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
2013, without reference to the amendment in Laws 2013, c. 229, § 54
which read as follows:
§63-1-260.4. Osteoporosis prevention and awareness.
A. The State Department of Health, giving
consideration to the recommendations of the Advancement of
Wellness Advisory Council created in Section 44 of this
act, shall:
1. Advise regarding coordination of osteoporosis
programs conducted by or through the Department;
2. Establish a mechanism for sharing information on
osteoporosis among all officials and employees involved in
carrying out osteoporosis-related programs;
3. Preview and coordinate the most promising areas
of education, prevention, and treatment concerning
osteoporosis;
4. Assist other offices in developing plans for
education and health promotion on osteoporosis;
5. Establish mechanisms to use the results of
research concerning osteoporosis in the development of
relevant policies and programs; and
6. Prepare a report that describes educational
initiatives on osteoporosis sponsored by the state and
makes recommendations for new educational initiatives on
osteoporosis. The Council shall transmit the report to
the State Board of Health for review and forwarding with
any necessary comments or recommendations to the
Legislature. The report shall also be available to the
public.
B. The Department, giving consideration to the
recommendations of the Advancement of Wellness Advisory
Council created in Section 44 of this act, shall establish
and coordinate an Advisory Panel on Osteoporosis which
will provide nongovernmental input regarding the
Osteoporosis Prevention and Treatment Education Program.
Membership on the advisory panel shall be voluntary and
shall include, but not be limited to, persons with
osteoporosis, representatives of women's health
organizations, public health education, osteoporosis
experts, providers of osteoporosis health care, persons
knowledgeable in health promotion and education, and
representatives of national osteoporosis organizations or
their state or regional affiliates.
Oklahoma Statutes - Title 63. Public Health and Safety Page 166
§63-1-260.5. Replication and use of successful osteoporosis
programs – Contracts with national organizations – Acceptance of
grants, services, and property – Federal waivers.
A. The State Department of Health may replicate and use
successful osteoporosis programs and enter into contracts and
purchase materials or services from organizations with appropriate
expertise and knowledge of osteoporosis for such services and
materials as, but not limited to, the following:
1. Educational information and materials on the causes,
prevention, detection, treatment, and management of osteoporosis;
2. Training of staff;
3. Physicians and health care professional education and
training and clinical conferences;
4. Conference organization and staffing;
5. Regional office development and staffing;
6. Nominations for advisory panels;
7. Support group development;
8. Consultation;
9. Resource library facilities;
10. Training home health aides and nursing home personnel; and
11. Training teachers.
B. The Department may contract with a national organization
with expertise in osteoporosis to establish and staff an office of
such organization in the state to implement parts of the
osteoporosis education program.
C. The State Commissioner of Health:
1. May accept grants, services, and property from the federal
government, foundations, organizations, medical schools, and other
entities as may be available for the purposes of fulfilling the
Department’s duties under this program; and
2. Shall seek any federal waiver or waivers that may be
necessary to maximize funds from the federal government to implement
this program.
Added by Laws 1999, c. 198, § 5, eff. Nov. 1, 1999.
§63-1-270. Plan for statewide coordinated system of care for
stroke.
A. As funding permits, the State Department of Health shall
foster and coordinate implementation of a plan for a statewide
coordinated system of care for stroke, which shall include special
focus and attention on evidence-based treatment for stroke. Such
system shall include, but shall not be limited to:
1. Recommendations from the Oklahoma Hospital Advisory Council
and medical experts in stroke care;
2. Collaboration and partnerships with relevant professional
organizations and associations advocating for evidence-based
treatment for stroke patients;
Oklahoma Statutes - Title 63. Public Health and Safety Page 167
3. Measures to raise awareness and promote preventative medical
care regarding risk factors for stroke;
4. Utilization of state-recognized stroke hospital
classifications; and
5. Protocols for evidence-based pre-hospital and interfacility
assessment, treatment, and transport of stroke patients by emergency
medical responders and agencies licensed pursuant to the Oklahoma
Emergency Response Systems Development Act.
B. The State Board of Health may promulgate rules as necessary
to implement the provisions of this section.
Added by Laws 2008, c. 305, § 8, emerg. eff. June 2, 2008. Amended
by Laws 2015, c. 257, § 1, eff. Nov. 1, 2015.
§63-1-270.1. Short title.
This act shall be known and may be cited as the “Advancement in
Stem Cell Cures and Therapies Act”.
Added by Laws 2008, c. 48, § 1, eff. Nov. 1, 2008.
§63-1-270.2. Human embryo – Stem cell research – Reporting system.
A. For the purposes of the Advancement in Stem Cell Cures and
Therapies Act, "human embryo" means a living organism of the species
Homo sapiens at the earliest stage of development, including the
single-cell stage, that is not located in the body of a woman.
B. Research on human tissue regeneration and human diseases
using adult stem cells and stem cells obtained from umbilical cord
blood and amniotic fluid may be conducted in this state, provided
that the research is performed:
1. Safely and ethically;
2. Only on embryonic stem cell lines created prior to August 1,
2001, and in accordance with federal law as it existed on November
1, 2007; and
3. Without the use of a human embryo, including a human embryo
produced using cloning technology.
C. When research is performed in accordance with the
Advancement in Stem Cell Cures and Therapies Act, a person or
governmental body shall not:
1. Restrict public funds designated for the stem cell research;
or
2. Obstruct or provide disincentives for the stem cell
research.
D. The State Department of Health shall establish a reporting
system that collects information regarding all activities carried
out in accordance with this section.
E. The Department shall submit a report with all information
collected pursuant to subsection D of this section to the Governor,
the Speaker of the Oklahoma House of Representatives, and the
Oklahoma Statutes - Title 63. Public Health and Safety Page 168
President Pro Tempore of the Oklahoma State Senate no later than
December 31 of each year.
F. Provided that there is no stem cell research to report that
year, the Department does not need to file a report.
Added by Laws 2008, c. 48, § 2, eff. Nov. 1, 2008. Amended by Laws
2024, c. 111, § 1, eff. Nov. 1, 2024.
§63-1-280.1. Sooner Start program treatment of autism spectrum
disorders - Funding - Contracts.
A. Funds shall be used by the State Department of Education for
specialized training for direct service providers in the Sooner
Start program to acquire skills necessary to treat children with
autism spectrum disorders.
B. The State Department of Health is authorized to contract
with independent third-party providers for services offered by the
Sooner Start program.
Added by Laws 2009, c. 127, § 2, eff. Nov. 1, 2009.
§63-1-280.2. Primary care provider evaluation training - Applied
behavior analysis treatment pilot project.
A. Funds shall be used by the University Hospitals Authority
for primary care provider evaluation training for providers in the
Sooner SUCCESS program to acquire skills necessary to evaluate
children with autism spectrum disorders.
B. 1. The Developmental Disabilities Services Division of the
Department of Human Services shall establish an applied behavior
analysis treatment pilot project. The Division shall secure federal
matching dollars to implement and maintain the project.
2. The project shall:
a. provide three Board-Certified Behavior Analysts to
measure functional outcomes of children with autism,
who are approved by the Division to participate in the
project, and study the effects of applied behavior
analysis in a consultative model that includes a
parental training component, and
b. require the participating analysts to provide the
necessary supervision to assist supervisees in this
state to learn and provide applied behavior analysis
and achieve certification by the nationally accredited
Behavior Analyst Certification Board.
3. The project shall commence no later than January 1, 2011,
and end no later than three (3) years from the date of commencement.
4. The Division shall submit a report to the Legislature and
the Governor no later than January 1, 2014, concerning:
a. the effectiveness of the project,
b. the results found when using applied behavior analysis
in a consultative model that includes a parental
Oklahoma Statutes - Title 63. Public Health and Safety Page 169
training component to measure functional outcomes of
children with autism,
c. the most effective approach and systems to provide
applied behavior analysis, and
d. any other findings and recommendations resulting from
the project.
5. The Department shall promulgate rules to implement the
provisions of this subsection.
Added by Laws 2009, c. 127, § 3, eff. Nov. 1, 2009.
§63-1-280.3. Outreach program providing intensive behavioral
intervention for children with autism.
The University Hospitals Authority shall establish a program
modeled after Early Foundations, an outreach program that provides
early intensive behavioral intervention for children with autism.
The program shall be established in a county selected by the
University Hospitals Authority where an Early Foundations program
does not exist.
Added by Laws 2009, c. 127, § 4, eff. Nov. 1, 2009.
§63-1-290. Short title.
This act shall be known as the “Public Health Delivery Act”.
Added by Laws 2012, c. 169, § 1, emerg. eff. May 1, 2012.
§63-1-290.1. Definitions.
As used in the Public Health Delivery Act:
1. “Public health services” means services provided by city-
county health departments, county health departments, and the State
Department of Health pertaining to chronic disease screening,
immunizations, maternal and child health services, prevention and
control of communicable, contagious or infectious diseases, and
services in cooperation with the federal government or any
department or agency thereof, and with other states, on matters
pertaining to public health; and
2. “Physician-approved protocol” means a protocol such as
standing orders that describe the parameters of specified situations
under which a registered nurse may act to deliver public health
services for a client who is presenting with symptoms or needs
addressed in the protocol.
Added by Laws 2012, c. 169, § 2, emerg. eff. May 1, 2012.
§63-1-290.2. Registered nurses - Physician-approved protocols.
A. Registered nurses are authorized to use physician-approved
protocols to provide public health services when performing duties
as an employee or as a contractor, as defined in Section 803 of
Title 18 of the Oklahoma Statutes, on behalf of the city-county
Oklahoma Statutes - Title 63. Public Health and Safety Page 170
health departments, county health departments, and the State
Department of Health.
B. The Department shall have a designated Medical Director
responsible for maintaining the protocols to reflect the current
standard of care. Protocols shall be consistent with published
clinical practice guidelines established or endorsed by nationally
recognized professional medical organizations, societies,
associations and federal agencies. The physician-approved protocols
shall be reviewed annually and updated as needed. Physician-
approved protocols shall be approved through Department policy.
C. The establishment of a physician-patient relationship is not
necessary for the physician-approved protocol to be implemented by
the registered nurse when providing public health services on behalf
of a city-county health department, county health department or the
Department.
D. The State Department of Health shall promulgate and
implement policies and procedures to ensure the registered nurse has
proper training, education and supervision prior to and during the
provision of public health services.
E. Medical algorithms may be utilized or referenced in the
physician-approved protocols to assist in providing the public
health services.
F. The registered nurse may dispense prepackaged
nonprescription medications and recommend nonprescription
medications pursuant to the physician-approved protocols.
G. A registered nurse may orally submit a prescription
prescribed by an advanced practice registered nurse with
prescriptive authority to a pharmacy of the patient’s choosing.
Added by Laws 2012, c. 169, § 3, emerg. eff. May 1, 2012.
§63-1-290.3. Construction of act - Severability.
Nothing in the Public Health Delivery Act shall be construed as
changing the requirements of Sections 1-729a, 1-731 or 1-740.2 of
Title 63 of the Oklahoma Statutes. The section is inseverable from
Sections 1, 2 and 3 of this act.
Added by Laws 2012, c. 169, § 4, emerg. eff. May 1, 2012.
§63-1-291.1. Short title-Oklahoma Veterans Brain Injury Treatment
and Recovery Act of 2014.
This act shall be known as the "Oklahoma Veterans Traumatic
Brain Injury Treatment and Recovery Act of 2014".
Added by Laws 2014, c. 233, § 1, eff. Nov. 1, 2014.
§63-1-291.2. Hyperbaric oxygen treatment defined.
For the purposes of this act, "hyperbaric oxygen treatment"
(HBOT) shall mean treatment with a valid prescription from a medical
doctor or doctor of osteopathy in either a hyperbaric chamber
Oklahoma Statutes - Title 63. Public Health and Safety Page 171
cleared by the United States Food and Drug Administration (FDA) or a
device with an appropriate FDA-approved investigational device
exemption, located at a facility in compliance with applicable state
fire codes and supervised in accordance with requirements in the
Oklahoma Veterans Traumatic Brain Injury Treatment and Recovery Act
of 2014. The treatment shall be delivered solely by authorized,
licensed or nationally certified health care providers in accordance
with federal and state law.
Added by Laws 2014, c. 233, § 2, eff. Nov. 1, 2014.
§63-1-291.3. Veterans Traumatic Brain Injury Treatment and Recovery
Revolving Fund.
There is hereby created in the State Treasury a revolving
fund for the Department of Veterans Affairs to be designated the
"Veterans Traumatic Brain Injury Treatment and Recovery Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all the monies received by
the Department of Veterans Affairs in the form of donations,
appropriations or other monies for such fund. All monies accruing
to the credit of the fund are appropriated and may be budgeted and
expended by the Department for the purpose of veterans' treatment as
provided by law. 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 2014, c. 233, § 3, eff. Nov. 1, 2014.
§63-1-291.4. Oklahoma State University Center for Aerospace and
Hyperbaric Medicine - Jurisdiction over treatment and costs.
For the purposes of this act, the Oklahoma State University
Center for Aerospace and Hyperbaric Medicine (OSUCAHM) shall have
full statewide jurisdiction over all medical treatments provided and
costs allowed to providers who request reimbursement from the
Veterans Traumatic Brain Injury Treatment and Recovery Revolving
Fund created in Section 3 of this act.
Prior to the treatment of any veteran for traumatic brain injury
(TBI), the OSUCAHM shall develop and publish a standard approved
treatment plan for veterans being treated using HBOT for Traumatic
Brain Injury (TBI). In the event a medical professional prescribes
a treatment under Section 2 of this act that does not comport and
comply with the provisions of the standard plan, OSUCAHM shall have
the authority to approve or disapprove the treatment plan for
reimbursement under this act.
Added by Laws 2014, c. 233, § 4, eff. Nov. 1, 2014.
§63-1-291.5. Approval of treatment plan and funding - Time limit
for treatment and submission of bills.
Oklahoma Statutes - Title 63. Public Health and Safety Page 172
Any Oklahoma veteran who has been diagnosed with a traumatic
brain injury (TBI) and prescribed hyperbaric oxygen treatment (HBOT)
by a medical professional authorized under Section 2 of this act may
receive HBOT at any facility in the state that has a hyperbaric
chamber and provides treatment in accordance with Section 2 of this
act.
Prior to receiving treatment, a treatment plan for the TBI by
HBOT shall be reviewed and conform to a plan approved by the
Oklahoma State University Center for Aerospace and Hyperbaric
Medicine. The facility seeking reimbursement from the fund shall
request approval for funding from the Director of the Office of
Management and Enterprise Services. Upon receipt of an approved
request for treatment, the funds for treatment shall be set aside
and used to ensure payment in full for the veteran's treatment. If
there is not enough money in the fund to set aside for treatment
reimbursement, the Director of Office of Management and Enterprise
Services shall deny approval of the request.
At the conclusion of six (6) months of no treatment and/or the
lack of submission of any bills, the Director of the Office of
Management and Enterprise Services shall advise the veteran and the
participating facility that the funding reserved for the HBOT shall
expire within ninety (90) days if no contact is made by the facility
that treatment is scheduled and/or continued. Should the facility
fail to contact the Office of Management and Enterprise Services
with the information that treatment is scheduled and/or continued,
then the monies reserved for treatment of that veteran shall be
released and made available to another veteran meeting the
requirements of this act.
Added by Laws 2014, c. 233, § 5, eff. Nov. 1, 2014.
§63-1-291.6. Payment of treatment costs.
Subject to the availability of funding, participating facilities
who provide HBOT to veterans suffering from TBI shall provide
treatment at no cost to the veteran and shall submit a bill for any
treatment to the Director of the Office of Management and Enterprise
Services. The bill shall be paid from the Veterans Traumatic Brain
Injury Treatment and Recovery Revolving Fund to the extent funds are
available. Should the costs of the treatment exceed the
availability of funds, the veteran treated shall be held harmless
from any costs of treatment by the facility and the state shall be
under no obligation to make payments beyond the approved amount in
the fund created in Section 3 of this act and set aside for that
purpose by the Director of the Office of Management and Enterprise
Services.
Added by Laws 2014, c. 233, § 6, eff. Nov. 1, 2014.
§63-1-292. Definitions.
Oklahoma Statutes - Title 63. Public Health and Safety Page 173
As used in this act:
1. "Administer" means the direct application of an epinephrine
auto-injector to an individual;
2. "Authorized entity" means any entity or organization at or
in connection with which allergens capable of causing anaphylaxis
may be present, including, but not limited to, restaurants,
recreation camps, youth sports leagues, amusement parks, and sports
arenas;
3. "Authorized individual" means an individual operating or
participating in any entity or organization at or in connection with
which allergens capable of causing anaphylaxis may be present,
including, but not limited to, restaurants, recreation camps, youth
sports leagues, amusement parks and sports arenas;
4. "Epinephrine auto-injector" means a single-use device used
for the automatic injection of a premeasured dose of epinephrine
into the human body;
5. "Licensed practitioner" means an allopathic physician,
osteopathic physician, physician assistant or advanced practice
registered nurse licensed in this state;
6. "Provide" means the supply of one or more epinephrine auto-
injectors to an individual; and
7. "Self-administration" means an individual's discretionary
use of an epinephrine auto-injector.
Added by Laws 2015, c. 277, § 2, eff. Nov. 1, 2015. Amended by Laws
2018, c. 24, § 1, eff. Nov. 1, 2018.
NOTE: Editorially renumbered from § 1-291 of this title to avoid
duplication in numbering.
§63-1-293. Epinephrine auto-injector prescriptions – Training –
Providing and administering auto-injectors – Immunity from
liability.
A. A licensed practitioner may prescribe epinephrine auto-
injectors in the name of an authorized entity or an authorized
individual for use in accordance with this section, and pharmacists
and physicians may dispense epinephrine auto-injectors pursuant to a
prescription issued in the name of an authorized entity or an
authorized individual; provided, however, such prescriptions shall
only be filled by pharmacists licensed in this state by the State
Board of Pharmacy.
B. An authorized entity or an authorized individual may acquire
and stock a supply of epinephrine auto-injectors pursuant to a
prescription issued in accordance with this section. Such
epinephrine auto-injectors shall be stored in a location readily
accessible in an emergency and in accordance with the epinephrine
auto-injector's instructions for use and any additional requirements
that may be established by the Board of Pharmacy. An authorized
entity shall designate employees or agents who have completed the
Oklahoma Statutes - Title 63. Public Health and Safety Page 174
training required by Section 1-292 et seq. of this title to be
responsible for the storage, maintenance, and general oversight of
epinephrine auto-injectors acquired by the authorized entity.
C. An employee or agent of an authorized entity, an authorized
individual, or other individual, who has completed the training
required by Section 1-292 et seq. of this title may, on the premises
of or in connection with the authorized entity or authorized
individual, use epinephrine auto-injectors prescribed pursuant to
Section 1-292 et seq. of this title to:
1. Provide an epinephrine auto-injector to any individual who
the employee, agent or individual believes in good faith is
experiencing anaphylaxis for immediate self-administration,
regardless of whether the individual has a prescription for an
epinephrine auto-injector or has previously been diagnosed with an
allergy; and
2. Administer an epinephrine auto-injector to any individual
who the employee, agent or individual believes in good faith is
experiencing anaphylaxis, regardless of whether the individual has a
prescription for an epinephrine auto-injector or has previously been
diagnosed with an allergy.
D. An employee, agent or individual described in subsection C
of this section must complete an anaphylaxis training program prior
to providing or administering an epinephrine auto-injector pursuant
to Section 1-292 et seq. of this title. Such training shall be
conducted by a nationally recognized organization experienced in
training laypersons in emergency health treatment or other entity or
an individual approved by the Board of Pharmacy. The entity
conducting training shall issue a certificate to each person who
successfully completes the anaphylaxis training program. Training
may be conducted online or in person and, at a minimum, shall cover:
1. Techniques on how to recognize symptoms of severe allergic
reactions, including anaphylaxis;
2. Standards and procedures for the storage and administration
of an epinephrine auto-injector; and
3. Emergency follow-up procedures.
E. An authorized entity or authorized individual that possesses
and makes available epinephrine auto-injectors and employees,
agents, authorized individuals, and other trained individuals; an
individual who uses an epinephrine auto-injector made available
pursuant to the provisions of Section 1-292 et seq. of this title; a
licensed practitioner that prescribes epinephrine auto-injectors to
an authorized entity or authorized individual; and an individual or
entity that conducts the training described in subsection D of this
section shall not be liable for any injuries or related damages that
result from the administration of, self-administration of or failure
to administer an epinephrine auto-injector in accordance with this
section that may constitute ordinary negligence.
Oklahoma Statutes - Title 63. Public Health and Safety Page 175
1. This immunity shall not apply to acts or omissions
constituting gross, willful or wanton negligence. The
administration of an epinephrine auto-injector in accordance with
Section 1-292 et seq. of this title is not the practice of medicine.
The immunity from liability provided under this subsection is in
addition to and not in lieu of that provided under the Good
Samaritan Act.
2. An entity located in this state shall not be liable for any
injuries or related damages that result from the provision or
administration of an epinephrine auto-injector by its employees or
agents outside of this state if the entity or its employee or agent
would not have been liable for such injuries or related damages had
the provision or administration occurred within this state.
F. The Board of Pharmacy, the State Board of Medical Licensure
and Supervision, and the State Board of Osteopathic Examiners shall
promulgate any rules necessary to implement the provisions of
Section 1-292 et seq. of this title.
Added by Laws 2015, c. 277, § 3, eff. Nov. 1, 2015. Amended by Laws
2018, c. 24, § 2, eff. Nov. 1, 2018; Laws 2019, c. 25, § 32, emerg.
eff. April 4, 2019.
NOTE: Editorially renumbered from § 1-292 of this title to avoid
duplication in numbering.
NOTE: Laws 2018, c. 106, § 12 repealed by Laws 2019, c. 25, § 33,
emerg. eff. April 4, 2019.
§63-1-301. Definitions.
As used in this article:
1. "Vital statistics" means records of birth, death, fetal
death and data related thereto;
2. "System of vital statistics" means the registration,
collection, preservation, amendment and certification of vital
statistics records, and activities related thereto, including the
tabulation, analysis and publication of statistical data derived
from such records;
3. "Filing" means the presentation of a certificate, report or
other record provided for in this article, of a birth, death, fetal
death or adoption, for registration by the Commissioner of Health;
4. "Registration" means the acceptance by the Commissioner of
Health and the incorporation in his or her official records of
certificates, reports or other records provided for in this article,
of births, deaths, fetal deaths or adoptions;
5. "Live birth" means the complete expulsion or extraction from
the mother of a product of human conception, irrespective of the
duration of pregnancy, which, after such expulsion or extraction,
breathes or shows any other evidence of life such as beating of the
heart, pulsation of the umbilical cord or definite movement of
Oklahoma Statutes - Title 63. Public Health and Safety Page 176
voluntary muscles, whether or not the umbilical cord has been cut or
the placenta is attached;
6. "Stillbirth" or "stillborn child" means a fetal death;
7. "Certificate of birth resulting in stillbirth" means a
certificate issued to memorialize a stillborn child;
8. "Fetal death" means death prior to the complete expulsion or
extraction from its mother of a product of human conception after
the fetus has advanced to or beyond the twelfth week of
uterogestation. The death is indicated by the fact that, after such
expulsion or extraction, the fetus 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;
9. "Dead body" means an individual who is determined to be dead
pursuant to the provisions of the Uniform Determination of Death
Act;
10. "Final disposition" means the burial, interment, cremation,
or other disposition of a dead body or fetus;
11. "Physician" means a person who is a member of the class of
persons authorized to use the term "physician" pursuant to Section
725.2 of Title 59 of the Oklahoma Statutes;
12. "Institution" means any establishment, public or private,
which provides inpatient medical, surgical or diagnostic care or
treatment, or nursing, custodial or domiciliary care, to two or more
unrelated individuals, or to which persons are committed by law;
13. "Disinterment" means the recovery of human remains by
exhumation or disentombment. "Disinterment" does not include the
raising and lowering of remains to accommodate two interments within
a single grave and does not include the repositioning of an outside
burial container that encroaches on adjoining burial space; and
14. "Minor correction" means fixing a scrivener's error,
correcting an error in the spelling of a name or word of common
knowledge, filling in an erroneous omission, deleting an erroneous
addition, or something similar. To obtain a minor correction, an
applicant shall provide clear and convincing evidence of an
objective error that was knowable at or near the time the
certificate was made.
Added by Laws 1963, c. 325, art. 3, § 301, operative July 1, 1963.
Amended by Laws l975, c. 91, § 1, emerg. eff. April 28, 1975; Laws
1986, c. 262, § 4; Laws 2000, c. 52, § 6, emerg. eff. April 14,
2000; Laws 2008, c. 187, § 1, eff. Nov. 1, 2008; Laws 2011, c. 105,
§ 4, eff. Nov. 1, 2011; Laws 2015, c. 37, § 2, eff. Nov. 1, 2015;
Laws 2025, c. 58, § 1, eff. July 1, 2025.
§63-1-302. Rules and regulations.
The State Board of Health is authorized to adopt, amend and
repeal rules and regulations for the purpose of carrying out the
provisions of this article.
Oklahoma Statutes - Title 63. Public Health and Safety Page 177
Laws 1963, c. 325, art. 3, § 302.
§63-1-303. System of vital statistics.
The State Commissioner of Health shall install, maintain and
operate a system of vital statistics throughout this state.
Laws 1963, c. 325, art. 3, § 303.
§63-1-304. State Commissioner of Health - Duties.
(a) The State Commissioner of Health shall:
(1) administer and enforce this article and the rules and
regulations issued hereunder, and issue instructions for the
efficient administration of the statewide system of vital
statistics.
(2) direct and supervise the statewide system of vital
statistics and be custodian of its records.
(3) prescribe and distribute such forms as are required by this
article and the rules and regulations issued hereunder.
(4) prepare and publish reports of vital statistics of this
state, and such other reports as may be required by law.
(b) The Commissioner may delegate such functions and duties
vested in the Commissioner to employees of the State Department of
Health and to the local registrars as the Commissioner deems
necessary or expedient.
Added by Laws 1963, c. 325, art. 3, § 304, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 5, eff. Nov. 1, 2011.
§63-1-305. Repealed by Laws 2011, c. 105, § 38, eff. Nov. 1, 2011.
§63-1-306. Repealed by Laws 2011, c. 105, § 38, eff. Nov. 1, 2011.
§63-1-307. Repealed by Laws 2011, c. 105, § 38, eff. Nov. 1, 2011.
§63-1-308. Repealed by Laws 2011, c. 105, § 38, eff. Nov. 1, 2011.
§63-1-309. Repealed by Laws 2011, c. 105, § 38, eff. Nov. 1, 2011.
§63-1-310. Forms of records.
(a) In order to promote and maintain uniformity in the system of
vital statistics, the forms of certificates, reports and other
returns required by this article, or by regulations adopted
hereunder, shall include as a minimum the items recommended by the
federal agency responsible for national vital statistics, subject to
approval of and modification by the State Commissioner of Health.
(b) Each certificate, report and form required to be filed under
this article shall have entered upon its face the date of
registration duly attested.
Laws 1963, c. 325, art. 3, § 310.
Oklahoma Statutes - Title 63. Public Health and Safety Page 178
§63-1-311. Birth certificates - Filing - Contents - Surrogates.
A. A certificate of birth for each live birth which occurs in
this state shall be filed with the Commissioner of Health within
seven (7) days after the birth.
B. When a birth occurs in an institution, the person in charge
of the institution or a designated representative shall obtain the
personal data, prepare the certificate and secure the signatures
required by the certificate. The physician in attendance shall
certify to the facts of birth and provide the medical information
required by the certificate within five (5) days after the birth.
C. When a birth occurs outside an institution, the certificate
shall be prepared and filed by one of the following in the indicated
order of priority:
1. The physician in attendance at or immediately after the
birth;
2. Any other person in attendance at or immediately after the
birth; or
3. The father, the mother or, in the absence or inability of
the father or mother, the person in charge of the premises where the
birth occurred and present at the birth.
D. 1. If the mother was married at the time of birth, or
married at any time during the three hundred (300) calendar days
before the birth, the name of the husband shall be entered on the
certificate as the father of the child unless paternity has been
determined otherwise by a court of competent jurisdiction or a
husband's denial of paternity form has been filed along with an
affidavit acknowledging paternity, in which case the name of the
father as determined by the court or affidavit acknowledging
paternity shall be entered. If there is a refusal to identify
paternity on the birth certificate, the State Department of Health
is authorized to register a birth certificate as such.
2. If the mother was not married at the time of birth, nor
married at any time during the three hundred (300) calendar days
before the birth, the name of the father shall be entered on the
certificate of birth only if:
a. a determination of paternity has been made by an
administrative action through the Department of Human
Services or a court of competent jurisdiction, in
which case the name of the father shall be entered, or
b. the mother and father have agreed as to the biological
paternity of the child and signed an acknowledgment of
paternity pursuant to Section 1-311.3 of this title,
or substantially similar affidavit from another state
and filed it with the Commissioner of Health.
This shall give the unmarried mother and biological father equal
rights and obligations to the child. A child whose parentage has
Oklahoma Statutes - Title 63. Public Health and Safety Page 179
been determined as set forth shall be treated as a child of parents
who were married at the time of the birth.
E. Either of the parents of the child shall sign the
certificate of live birth worksheet to attest to the accuracy of the
personal data entered thereon, in time to permit its filing within
the seven (7) days prescribed in this section.
F. If the live birth results from a process in which the
delivering mother was carrying the child of another woman by way of
a prearranged legal contract, the original birth certificate shall
be filed with the personal information of the woman who delivered
the child. A new birth certificate will be placed on file once the
Department receives both a court order and a completed form
prescribed by the Department which identifies the various parties
and documents the personal information of the intended parents
necessary to complete the new birth certificate.
G. Beginning on April 25, 2022, the biological sex designation
on a certificate of birth issued under this section shall be either
male or female and shall not be nonbinary or any symbol representing
a nonbinary designation including but not limited to the letter "X".
Added by Laws 1963, c. 325, art. 3, § 311, operative July 1, 1963.
Amended by Laws 1994, c. 356, § 7, eff. Sept. 1, 1994; Laws 1995, c.
273, § 3, emerg. eff. May 25, 1995; Laws 1996, c. 297, § 25, emerg.
eff. June 10, 1996; Laws 1997, c. 402, § 35, eff. July 1, 1997; Laws
1998, c. 323, § 21, eff. Oct. 1, 1998; Laws 2011, c. 105, § 6, eff.
Nov. 1, 2011; Laws 2021, c. 83, § 1, eff. Nov. 1, 2021; Laws 2022,
c. 87, § 1, emerg. eff. April 26, 2022; Laws 2024, c. 452, § 131,
emerg. eff. June 14, 2024; Laws 2025, c. 58, § 2, eff. July 1, 2025.
§63-1-311.1. Obtaining social security numbers for live births and
deaths.
A. The Vital Records Section of the State Department of Health
shall obtain and record all social security numbers of the parents
for each live birth in this state. The social security numbers are
not required to be recorded on the birth certificate of the child.
B. The Vital Records Section of the State Department of Health
shall obtain and record the social security number, if any, of any
person who has died in this state. The social security number shall
be recorded on the death certificate of the deceased.
Added by Laws 1990, c. 309, § 19, eff. Sept. 1, 1990. Amended by
Laws 1997, c. 402, § 36, eff. July 1, 1997.
§63-1-311.2. Secure transmission of information – Disclosure of
information – Data sharing agreement.
The State Commissioner of Health shall authorize the secure
electronic transmission of any birth, death, paternity or adoption
data and such other documents or information necessary to comply
with the Uniform Parentage Act or for the purpose of assisting with
Oklahoma Statutes - Title 63. Public Health and Safety Page 180
programs administered by the Department of Human Services. The
Department of Human Services shall not release information, data or
records received from the State Department of Health for these
purposes in response to an Open Records Act request and shall
protect the integrity of the vital records data to the extent
required of the State Department of Health by Section 1-323 of this
title. The State Department of Health and the Department of Human
Services shall enter into a data sharing agreement for the purpose
of implementing the provisions of this section.
Added by Laws 1994, c. 356, § 8, eff. Sept. 1, 1994. Amended by
Laws 2021, c. 83, § 2, eff. Nov. 1, 2021.
§63-1-311.3. Information regarding acknowledgment of paternity to
be provided to unmarried mother – Availability of forms –
Supplementary birth certificate.
A. Unless an adoption decree has been presented, and consent to
adoption has been given as otherwise provided by law, upon the birth
of a child to an unmarried woman, the person required by Section 1-
311 of this title to prepare and file a birth certificate shall:
1. Provide written materials and an oral, audio, or video
presentation to the child's mother and/or natural father including
an acknowledgment of paternity on a form prescribed by the
Department of Human Services. The completed acknowledgment of
paternity shall be filed with the State Department of Health,
Division of Vital Records;
2. Provide written information, furnished by the Department of
Human Services, along with an oral, audio, or video presentation, to
the mother and acknowledging father:
a. explaining that the completed acknowledgment of
paternity shall be filed with the State Department of
Health, Division of Vital Records,
b. regarding the benefits of having her child's paternity
established and of the availability of paternity
establishment services, including a request for
support enforcement services,
c. explaining the implications of signing, including
parental rights and responsibilities, and
d. explaining the time limitations to rescind and/or
challenge the acknowledgment of paternity pursuant to
the Uniform Parentage Act; and
3. Provide the original acknowledgment of paternity to the
State Department of Health, Division of Vital Records. Failure to
provide the original acknowledgment of paternity to the State
Department of Health, Division of Vital Records shall not affect the
validity of the executed acknowledgment of paternity as provided by
the Uniform Parentage Act. Copies of the original acknowledgment of
paternity shall be provided to the Department of Human Services,
Oklahoma Statutes - Title 63. Public Health and Safety Page 181
Child Support Enforcement Division, and to the mother and
acknowledged father of the child. The Department of Human Services
shall provide access to the acknowledgment of paternity via
electronic means to the paternity registry created pursuant to
Section 7506-1.1 of Title 10 of the Oklahoma Statutes.
B. The Department of Human Services shall make the
acknowledgment of paternity, rescission of acknowledgment of
paternity, and denial of paternity forms available at each county
office of the Department of Human Services and at the State
Department of Health, Division of Vital Records.
C. Upon receipt by the State Department of Health, Division of
Vital Records of a certified copy of an order or decree of adoption,
the State Department of Health, Division of Vital Records shall
prepare a supplementary birth certificate as directed by Section
7505-6.6 of Title 10 of the Oklahoma Statutes regardless of whether
an acknowledgment of paternity has been prepared or filed with the
State Department of Health, Division of Vital Records pursuant to
this section.
Added by Laws 1994, c. 356, § 9, eff. Sept. 1, 1994. Amended by
Laws 1995, c. 273, § 4, emerg. eff. May 25, 1995; Laws 1996, c. 297,
§ 26, emerg. eff. June 10, 1996; Laws 1997, c. 402, § 37, eff. July
1, 1997; Laws 1998, c. 415, § 43, emerg. eff. June 11, 1998; Laws
1999, c. 1, § 19, emerg. eff. Feb. 24, 1999; Laws 2006, c. 116, §
60, eff. Nov. 1, 2006.
NOTE: Laws 1998, c. 323, § 22 repealed by Laws 1999, c. 1, § 45,
emerg. eff. Feb. 24, 1999.
§63-1-312. Infant of unknown parentage.
A. Whoever assumes the custody of a living infant of unknown
parentage shall report, on a form and in the manner prescribed by
the Commissioner of Health within seven (7) days to the Commissioner
of Health, the following information:
1. The date and place of finding;
2. Sex, color or race, and approximate age of child;
3. Name and address of the persons or institution with whom the
child has been placed for care; and
4. Other data required by the Commissioner.
B. The place where the child was found shall be entered as the
place of birth and the date of birth shall be determined by
approximation.
C. A report registered under this section shall constitute the
certificate of birth for the infant.
D. If the child is identified and a certificate of birth is
found or obtained, any report registered under this section shall be
sealed and filed and may be opened only by order of a court of
competent jurisdiction.
Oklahoma Statutes - Title 63. Public Health and Safety Page 182
Added by Laws 1963, c. 325, art. 3, § 312, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 7, eff. Nov. 1, 2011; Laws 2025, c.
58, § 3, eff. July 1, 2025.
§63-1-313. Delayed birth certificate.
A. When the birth of a person born in this state has not been
registered, a certificate may be filed in accordance with
regulations of the State Commissioner of Health. Such certificate
shall be registered subject to such evidentiary requirements as the
Commissioner shall by regulation prescribe, to substantiate the
alleged facts of birth.
B. Certificates of birth registered one year or more after the
date of occurrence shall be marked "delayed" and show on their face
the date of the delayed registration.
C. A summary statement of the evidence submitted in support of
the delayed registration shall be endorsed on the certificate.
D. When an applicant does not submit the minimum documentation
required in the regulations for delayed registration, or when the
State Commissioner of Health finds reason to question the validity
or adequacy of the documentary evidence, the Commissioner shall not
register the delayed certificate and shall advise the applicant of
the reasons for his or her action.
E. Beginning on the effective date of this act, the biological
sex designation on a certificate of birth issued under this section
shall be either male or female and shall not be nonbinary or any
symbol representing a nonbinary designation including but not
limited to the letter "X".
Laws 1963, c. 325, art. 3, § 313. Amended by Laws 2022, c. 87 § 2,
emerg. eff. April 26, 2022.
§63-1-314. Delayed death certificate.
(a) When a death occurring in this state has not been
registered, a certificate may be filed in accordance with
regulations of the State Board of Health. Such certificate shall be
registered subject to such evidentiary requirements as the Board
shall by regulation prescribe, to substantiate the alleged facts of
death.
(b) Certificates of death registered one year or more after the
date of occurrence shall be marked "delayed" and shall show on their
face the date of the delayed registration.
Laws 1963, c. 325, art. 3, § 314.
§63-1-315. Judicial proceeding for record of birth.
(a) Any citizen of the United States who has resided in this
state for not less than ten (10) years, the last three (3) of which
must have been continuous within this state and the last one (1) of
which must have been continuous within the county of his
Oklahoma Statutes - Title 63. Public Health and Safety Page 183
application, the birth of whom has not been recorded by the State
Commissioner of Health, or his predecessor, may petition the
district court of the county in which he resides or was born for an
order establishing a public record of the time and place of his
birth and his parentage. He may have the record of such information
entered in the following manner: Such applicant may appear before a
judge of the district court in the county of which he is a resident
and file his verified petition in writing, which petition shall
state the time and place of his birth and his parentage and such
other facts as he deems pertinent; the petition shall be filed in
the office of the court clerk and given a number in the probate
files thereof; thereupon the applicant shall produce all the
evidence he has in his possession, which may consist of personal
testimony, affidavits or records, and shall include a statement from
the State Commissioner of Health, or similar official in the state
of applicant's birth, to the effect that a birth certificate is not
recorded in his office; and if the judge of the district court shall
be satisfied with the proof offered, he shall make and enter an
order establishing the time and place of birth, the age and the
parentage of the applicant, which order shall be final and
conclusive of all the facts therein adjudged.
(b) A certified copy of the order shall be filed in the office
of the State Commissioner of Health, and a certified copy thereof
shall be issued by the Commissioner in the same manner as
certificates of birth.
Laws 1963, c. 325, art. 3, § 315.
§63-1-315.1. Verified petition to obtain judicial record of death
for a person who died 25 years ago or longer.
A. If a death certificate is required to settle a property or
financial interest for a person who has allegedly died in this state
twenty-five (25) years ago or longer, and the following
determinations have been made:
1. The State Department of Health has confirmed that a death
certificate is not on file with the Department;
2. The Department has determined the requirements of Section 1-
317 of this title requiring a death certificate to be filed cannot
be met; and
3. The Department has determined the requirements of Section 1-
314 of this title for the filing of a delayed death certificate
cannot be met; then a verified petition may be filed with the
district court of the county where the death allegedly occurred for
an order establishing a judicial record of death.
B. The verified petition shall contain the following:
1. The full legal name of the person who is allegedly deceased;
2. The date and place of birth of the decedent;
3. The age of the decedent;
Oklahoma Statutes - Title 63. Public Health and Safety Page 184
4. The date and place of the death of the decedent;
5. The property or financial interest to be resolved;
6. The determinations of the Department as required in
paragraphs 2 and 3 of subsection A of this section; and
7. Other facts deemed pertinent, which include, but are not
limited to, the parents or spouse of the decedent.
C. Upon the filing of the verified petition, the office of the
court clerk for the county where the petition is filed shall give
the petition a number in the probate files of the county. Notice of
the verified petition shall be made upon the State Department of
Health and published once in a newspaper of general circulation in
the county where the petition is filed.
D. Based on the verified petition, all the evidence the
applicant has in his or her possession such as personal testimony,
affidavits or records and determinations of the Department as
required in paragraphs 2 and 3 of subsection A of this section, the
court may enter an order:
1. Establishing the full legal name of the individual who is
deceased;
2. The date and place of the birth of the decedent;
3. The age of the decedent;
4. The date and place where the death occurred;
5. The property or financial interest that is resolved; and
6. Other facts deemed pertinent by the court and as set forth
in the verified petition.
Said order shall be final and conclusive of all the facts
therein adjudged.
E. A certified copy of the order shall be filed with the State
Department of Health, and a certified copy thereof shall be issued
by the State Department of Health in the same manner as certificates
of death.
F. Issuance of a certified copy of the order filed with the
State Department of Health pursuant to this section shall satisfy
any and all requirements set forth in any statute requiring a death
certificate or order of any court requiring the issuance of a death
certificate.
Added by Laws 2019, c. 283, § 1, eff. Nov. 1, 2019. Amended by Laws
2025, c. 58, § 4, eff. July 1, 2025.
§63-1-316. New certificate of birth.
A. The State Commissioner of Health shall establish a new
certificate of birth for a person born in this state, when the
Commissioner receives the following:
1. An adoption certificate as provided in the Oklahoma Adoption
Code, or a certified copy of the decree of adoption together with
the information necessary to identify the original certificate of
birth and to establish a new certificate of birth; except that a new
Oklahoma Statutes - Title 63. Public Health and Safety Page 185
certificate of birth shall not be established if so requested by the
court decreeing the adoption, the adoptive parents or the adopted
person; and
2. A request that a new certificate be established and such
evidence as required by regulation proving that such person has been
legitimated, or that a court of competent jurisdiction has
determined the paternity of such a person.
B. When a new certificate of birth is established, the actual
place and date of birth shall be shown. It shall be substituted for
the original certificate of birth:
1. Thereafter, the original certificate and the evidence of
adoption, paternity or legitimation shall not be amended, nor shall
it be subject to inspection except upon order of a court of
competent jurisdiction or as otherwise specifically provided by law;
and
2. Upon receipt of notice of annulment of adoption, the
original certificate of birth shall be restored to its place in the
files and the new certificate and evidence shall not be subject to
inspection except upon order of a court of competent jurisdiction.
The original certificate shall be restored and may be amended in
accordance with Section 1-321 of this title.
C. Beginning on the effective date of this act, the biological
sex designation on a new certificate of birth issued under this
section shall be either male or female and shall not be nonbinary or
any symbol representing a nonbinary designation including but not
limited to the letter "X".
Added by Laws 1963, c. 325, art. 3, § 316, operative July 1, 1963.
Amended by Laws 1996, c. 297, § 27, emerg. eff. June 10, 1996; Laws
2011, c. 105, § 8, eff. Nov. 1, 2011; Laws 2022, c. 87, § 3, emerg.
eff. April 26, 2022.
§63-1-316a. Heirloom birth certificates.
Oklahoma Statutes - Title 63. Public Health and Safety Page 186
A. The State Department of Health shall provide for the
issuance of an heirloom birth certificate. The Department
shall design the form of the heirloom birth certificate with
the advice and assistance of the Oklahoma Arts Council
and may promote and sell copies of the certificate. An
heirloom birth certificate shall not be used as evidence of
live birth nor identification purposes.
B. The Department shall prescribe a fee for the issuance of an
heirloom birth certificate in an amount that does not exceed Thirty-
five Dollars ($35.00).
C. Proceeds from the sale of heirloom birth certificates shall
be used by the State Department of Health.
Added by Laws 2001, c. 142, § 1, emerg. eff. April 30, 2001.
Amended by Laws 2011, c. 105, § 9, eff. Nov. 1, 2011; Laws 2015, c.
276, § 1, eff. Nov. 1, 2015.
§63-1-316b. Short title - Death Certificate Accuracy Act.
This act shall be known and may be cited as the "Death
Certificate Accuracy Act".
Added by Laws 2019, c. 305, § 1, eff. Nov. 1, 2019.
§63-1-317. See the following versions:
OS 63-1-317v1 (SB 707, Laws 2024, c. 251, § 1)
OS 63-1-317v2 (HB 1688, Laws 2025, c. 58, § 5)
OS 63-1-317v3 (HB 2584, Laws 2025, c. 343, § 7)
§63-1-317a. Electronic capture of death certificate.
A. The State Department of Health shall make available to all
funeral directors and physicians licensed in this state a system to
electronically capture the required information and file the
prescribed death certificate with the State Department of Health.
Access to the prescribed electronic system shall be provided to
registered users at no cost.
B. Funeral directors and physicians shall be registered with
the Department prior to using the prescribed electronic system. The
Department shall provide such registration at no cost.
C. Registration shall be updated at least annually to maintain
access to the prescribed system and shall include training on any
changes or updates to the prescribed system or associated forms.
Funeral directors licensed in this state shall be trained on the use
of the prescribed electronic system to file personal data on the
prescribed death certificate. Physicians licensed in this state
Oklahoma Statutes - Title 63. Public Health and Safety Page 187
shall be trained on the use of the prescribed electronic system to
complete, sign, and file the medical certification on the prescribed
death certificate. The Department shall provide the required
training at no cost.
D. No later than July 1, 2012, funeral directors licensed in
this state shall be required to sign and file death certificates
using the prescribed electronic system.
E. No later than July 1, 2017, physicians licensed in this
state shall be required to sign and file death certificates using
the prescribed electronic system.
Added by Laws 2010, c. 374, § 2, eff. Nov. 1, 2010. Amended by Laws
2016, c. 70, § 2, eff. Nov. 1, 2016; Laws 2025, c. 58, § 6, eff.
July 1, 2025.
§63-1-317b. List of all registered deaths of residents indicated as
veterans on death record.
The Commissioner of the State Department of Health shall
authorize the regular transmission of a list to the Oklahoma
Department of Veterans Affairs of all registered deaths of residents
of this state that have occurred within the state and who are
indicated to be a veteran on the death record. The Oklahoma
Department of Veterans Affairs shall use the transmitted list to
identify Oklahoma veterans, as defined in Section 2 of Title 72 of
the Oklahoma Statutes, for purposes of populating, updating and
maintaining the veterans registry established in Section 421 of
Title 72 of the Oklahoma Statutes. The Social Security number of an
individual veteran shall not be released as a part of the registry.
The State Department of Health shall transmit to the Oklahoma
Department of Veterans Affairs the following:
1. Veteran's name;
2. Social Security number;
3. Date of death; and
4. Place of interment, if applicable.
Added by Laws 2019, c. 124, § 2, eff. Nov. 1, 2019.
§63-1-317c. Confidentiality and disclosure – Construction with
Section 1-323.
Nothing in the Death Certificate Accuracy Act shall be construed
to alter the confidentiality of death certificates or the
prohibitions on disclosure of their contents provided for in Section
1-323 of Title 63 of the Oklahoma Statutes.
Added by Laws 2019, c. 305, § 4, eff. Nov. 1, 2019.
NOTE: Editorially renumbered from § 1-317b of this title to avoid
duplication in numbering.
§63-1-317d. Sudden unexplained infant death investigation (SUIDI).
Oklahoma Statutes - Title 63. Public Health and Safety Page 188
A. When the death of an infant occurs in this state and the
cause of death is considered undetermined, a medical examiner shall
conduct a sudden unexplained infant death investigation (SUIDI) not
more than forty-eight (48) hours after the death has occurred. The
medical examiner or a medical examiner investigator currently
certified by the American Board of Medicolegal Death Investigators
shall interview the parent, legal guardian or caregiver of, or
person who last had contact with, the deceased infant and shall fill
out the Centers for Disease Control and Prevention's SUIDI reporting
form accordingly. The State Department of Health shall retain a
copy of each completed SUIDI reporting form in order to compile
accurate and reliable data on SUIDI to aid and inform the policies
of the Department, and the Department shall provide a copy of each
completed SUIDI reporting form to the Child Death Review Board.
B. As used in this section, "medical examiner" means the Chief
Medical Examiner, the Deputy Chief Medical Examiner or a medical
examiner appointed by the Chief Medical Examiner pursuant to Section
937 of Title 63 of the Oklahoma Statutes.
Added by Laws 2021, c. 264, § 1, eff. Nov. 1, 2021.
§63-1-317v1. Death certificate - Filing – Contents - Immunity.
A. A death certificate for each death which occurs in this
state shall be filed with the State Department of Health within ten
(10) calendar days after such death.
B. It shall be the duty of the funeral director to file the
death certificate. If the funeral director is not available, the
person acting as such who first assumes custody of a dead body in
accordance with Section 1158 of Title 21 of the Oklahoma Statutes
shall personally sign and file the death certificate. The funeral
director shall obtain the personal data from the next of kin or the
best qualified person or source available, enter the personal data
into the electronic system prescribed by the State Registrar of
Vital Statistics, and electronically transmit the partial
certificate produced by the electronic system to the physician,
physician assistant, Advanced Practice Registered Nurse, or medical
examiner responsible for completing the medical certification
portion of the certificate of death within twenty-four (24) hours
after the death.
C. 1. The medical certification shall be completed and
certified within five (5) calendar days after receipt of the partial
certificate by the physician, physician assistant, or Advanced
Practice Registered Nurse in charge of the patient’s care for the
illness or condition which resulted in death, except when inquiry as
to the cause of death is required by Section 938 of this title. The
physician, physician assistant, or Advanced Practice Registered
Nurse shall enter and certify the medical certification portion of
Oklahoma Statutes - Title 63. Public Health and Safety Page 189
certificate data in the electronic system prescribed by the State
Registrar of Vital Statistics.
2. In the event that the physician, physician assistant, or
Advanced Practice Registered Nurse in charge of the patient’s care
for the illness or condition which resulted in death is not in
attendance at the time of death, the medical certification shall be
completed and signed within five (5) calendar days after receipt of
the partial certificate by the physician, physician assistant, or
Advanced Practice Registered Nurse in attendance at the time of
death, except:
a. when the patient is under hospice care at the time of
death, the medical certification may be signed by the
hospice’s medical director, and
b. when inquiry as to the cause of death is required by
Section 938 of this title.
Provided, that such certification, if signed by other than the
attending physician, physician assistant, or Advanced Practice
Registered Nurse, shall note on the face the name of the attending
physician, physician assistant, or Advanced Practice Registered
Nurse and that the information shown is only as reported.
D. Within four (4) calendar days after receipt of the medical
certification from the physician, physician assistant, or Advanced
Practice Registered Nurse as described in subsection C of this
section, the funeral director shall conduct a final review of the
personal data and the medical certification, electronically sign the
death certificate, and submit the death certificate to the State
Registrar of Vital Statistics through the electronic system
prescribed by the State Registrar of Vital Statistics for official
registration.
E. A certifier completing cause of death on a certificate of
death who knows that a lethal drug, overdose or other means of
assisting suicide within the meaning of Sections 3141.2 through
3141.4 of this title caused or contributed to the death shall list
that means among the chain of events under cause of death or list it
in the box that describes how the injury occurred. If such means is
in the chain of events under cause of death or in the box that
describes how the injury occurred, the certifier shall indicate
“suicide” as the manner of death.
F. The authority of a physician assistant to carry out the
functions described in this section shall be governed by the
practice agreement as provided by Section 519.6 of Title 59 of the
Oklahoma Statutes.
G. A physician, physician assistant, or Advanced Practice
Registered Nurse completing and signing a medical certification in
accordance with this section shall not be liable in a civil action
to recover damages for any acts or omissions relating to the medical
certification if the cause of death is determined in good faith
Oklahoma Statutes - Title 63. Public Health and Safety Page 190
using the individual’s best clinical judgment consistent with
current guidance provided by the applicable licensing board, unless
the acts or omissions amount to willful or wanton misconduct. The
immunity provided by this subsection shall be in addition to any
other immunity from liability to which these individuals may be
entitled.
Added by Laws 1963, c. 325, art. 3, § 317, operative July 1, 1963.
Amended by Laws 1978, c. 110, § 2, operative Oct. 1, 1978; Laws
1979, c. 110, § 1, emerg. eff. April 25, 1979; Laws 2010, c. 374, §
1, eff. Nov. 1, 2010; Laws 2016, c. 70, § 1, eff. Nov. 1, 2016; Laws
2017, c. 42, § 25; Laws 2019, c. 305, § 2, eff. Nov. 1, 2019; Laws
2021, c. 247, § 1, eff. Nov. 1, 2021; Laws 2022, c. 184, § 1, eff.
Nov. 1, 2022; Laws 2024, c. 251, § 1, eff. Nov. 1, 2024.
NOTE: Laws 2016, c. 20, § 1 repealed by Laws 2017, c. 42, § 26.
Laws 2021, c. 104, § 1 repealed by Laws 2022, c. 228, § 37, emerg.
eff. May 5, 2022.
§63-1-317v2. Death certificate - Filing – Contents.
A. A death certificate for each death which occurs in this
state shall be filed with the State Department of Health, within
three (3) days after such death.
B. The funeral director shall personally sign the death
certificate and shall be responsible for filing the death
certificate. If the funeral director is not available, the person
acting as such who first assumes custody of a dead body in
accordance with Section 1158 of Title 21 of the Oklahoma Statutes
shall personally sign and file the death certificate. The personal
data shall be obtained from the next of kin or the best qualified
person or source available. The funeral director or person acting
as such shall notify the person providing the personal data that it
is a felony to knowingly provide false data or misrepresent any
person's relationship to the decedent. The certificate shall be
completed as to personal data and delivered to the attending
physician or the medical examiner responsible for completing the
medical certification portion of the certificate of death within
twenty-four (24) hours after the death. No later than July 1, 2012,
the personal data, and no later than July 1, 2017, the medical
certificate portion, shall be entered into the prescribed electronic
system provided by the Department and the information submitted to
the Department. The resultant certificate produced by the
electronic system shall be provided to the physician or medical
examiner for medical certification within twenty-four (24) hours
after the death.
C. The medical certification shall be completed and signed
within forty-eight (48) hours after death by the physician,
physician assistant, or advanced practice registered nurse in charge
of the patient's care for the illness or condition which resulted in
Oklahoma Statutes - Title 63. Public Health and Safety Page 191
death, except when inquiry as to the cause of death is required by
Section 938 of this title. No later than July 1, 2017, the medical
certification portion of certificate data shall be entered into the
prescribed electronic system provided by the Department and the
information submitted to the Department.
D. In the event that the physician, physician assistant, or
advanced practice registered nurse in charge of the patient's care
for the illness or condition which resulted in death is not in
attendance at the time of death, the medical certification shall be
completed and signed within forty-eight (48) hours after death by
the physician, physician assistant, or advanced practice registered
nurse in attendance at the time of death, except:
1. When the patient is under hospice care at the time of death,
the medical certification may be signed by the hospice's medical
director; and
2. When inquiry as to the cause of death is required by Section
938 of this title.
Provided, that such certification, if signed by other than the
attending physician, physician assistant, or advanced practice
registered nurse, shall note on the face the name of the attending
physician, physician assistant, or advanced practice registered
nurse and that the information shown is only as reported.
E. A certifier completing cause of death on a certificate of
death who knows that a lethal drug, overdose or other means of
assisting suicide within the meaning of Sections 3141.2 through
3141.4 of this title caused or contributed to the death shall list
that means among the chain of events under cause of death or list it
in the box that describes how the injury occurred. If such means is
in the chain of events under cause of death or in the box that
describes how the injury occurred, the certifier shall indicate
"suicide" as the manner of death.
F. The authority of a physician assistant to carry out the
functions described in this section shall be governed by the
practice agreement as provided by Section 519.6 of Title 59 of the
Oklahoma Statutes.
Added by Laws 1963, c. 325, art. 3, § 317, operative July 1, 1963.
Amended by Laws 1978, c. 110, § 2, operative Oct. 1, 1978; Laws
1979, c. 110, § 1, emerg. eff. April 25, 1979; Laws 2010, c. 374, §
1, eff. Nov. 1, 2010; Laws 2016, c. 70, § 1, eff. Nov. 1, 2016; Laws
2017, c. 42, § 25; Laws 2019, c. 305, § 2, eff. Nov. 1, 2019; Laws
2021, c. 247, § 1, eff. Nov. 1, 2021; Laws 2022, c. 184, § 1, eff.
Nov. 1, 2022; Laws 2024, c. 452, § 133, emerg. eff. June 14, 2024;
Laws 2025, c. 58, § 5, eff. July 1, 2025.
NOTE: Laws 2016, c. 20, § 1 repealed by Laws 2017, c. 42, § 26.
Laws 2021, c. 104, § 1 repealed by Laws 2022, c. 228, § 37, emerg.
eff. May 5, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 192
§63-1-317v3. Death certificate - Filing – Contents.
A. A death certificate for each death which occurs in this
state shall be filed with the State Department of Health, within
three (3) days after such death.
B. The funeral director shall personally sign the death
certificate and shall be responsible for filing the death
certificate. If the funeral director is not available, the person
acting as such who first assumes custody of a dead body in
accordance with Section 1158 of Title 21 of the Oklahoma Statutes
shall personally sign and file the death certificate. The personal
data shall be obtained from the next of kin or the best qualified
person or source available. The funeral director or person acting
as such shall notify the person providing the personal data that it
is a felony to knowingly provide false data or misrepresent any
person’s relationship to the decedent. The certificate shall be
completed as to personal data and delivered to the attending
physician or the medical examiner responsible for completing the
medical certification portion of the certificate of death within
twenty-four (24) hours after the death. No later than July 1, 2012,
the personal data, and no later than July 1, 2017, the medical
certificate portion, shall be entered into the prescribed electronic
system provided by the State Registrar of Vital Statistics and the
information submitted to the State Registrar of Vital Statistics.
The resultant certificate produced by the electronic system shall be
provided to the physician or medical examiner for medical
certification within twenty-four (24) hours after the death.
C. The medical certification shall be completed and signed
within forty-eight (48) hours after death by the physician,
physician assistant, or advanced practice registered nurse in charge
of the patient’s care for the illness or condition which resulted in
death, except when inquiry as to the cause of death is required by
Section 938 of this title. No later than July 1, 2017, the medical
certification portion of certificate data shall be entered into the
prescribed electronic system provided by the State Registrar of
Vital Statistics and the information submitted to the State
Registrar of Vital Statistics.
D. In the event that the physician, physician assistant, or
advanced practice registered nurse in charge of the patient’s care
for the illness or condition which resulted in death is not in
attendance at the time of death, the medical certification shall be
completed and signed within forty-eight (48) hours after death by
the physician, physician assistant, or advanced practice registered
nurse in attendance at the time of death, except:
1. When the patient is under hospice care at the time of death,
the medical certification may be signed by the hospice’s medical
director; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 193
2. When inquiry as to the cause of death is required by Section
938 of this title.
Provided, that such certification, if signed by other than the
attending physician, physician assistant, or advanced practice
registered nurse, shall note on the face the name of the attending
physician, physician assistant, or advanced practice registered
nurse and that the information shown is only as reported.
E. A certifier completing cause of death on a certificate of
death who knows that a lethal drug, overdose or other means of
assisting suicide within the meaning of Sections 3141.2 through
3141.4 of this title caused or contributed to the death shall list
that means among the chain of events under cause of death or list it
in the box that describes how the injury occurred. If such means is
in the chain of events under cause of death or in the box that
describes how the injury occurred, the certifier shall indicate
“suicide” as the manner of death.
F. The authority of a physician assistant subject to subsection
C of Section 519.6 of Title 59 of the Oklahoma Statutes to carry out
the functions described in this section shall be governed by the
practice agreement as provided by Section 519.6 of Title 59 of the
Oklahoma Statutes.
Added by Laws 1963, c. 325, art. 3, § 317, operative July 1, 1963.
Amended by Laws 1978, c. 110, § 2, operative Oct. 1, 1978; Laws
1979, c. 110, § 1, emerg. eff. April 25, 1979; Laws 2010, c. 374, §
1, eff. Nov. 1, 2010; Laws 2016, c. 70, § 1, eff. Nov. 1, 2016; Laws
2017, c. 42, § 25; Laws 2019, c. 305, § 2, eff. Nov. 1, 2019; Laws
2021, c. 247, § 1, eff. Nov. 1, 2021; Laws 2022, c. 184, § 1, eff.
Nov. 1, 2022; Laws 2024, c. 452, § 133, emerg. eff. June 14, 2024;
Laws 2025, c. 343, § 7.
NOTE: Laws 2016, c. 20, § 1 repealed by Laws 2017, c. 42, § 26.
Laws 2021, c. 104, § 1 repealed by Laws 2022, c. 228, § 37, emerg.
eff. May 5, 2022
§63-1-318. Fetal death certificate - Filing - Contents.
A. A fetal death certificate for each fetal death which occurs
in this state shall be filed with the State Department of Health,
within three (3) days after such delivery.
B. The funeral director or person acting as such who first
assumes custody of a fetus shall file the fetal death certificate.
In the absence of such a person, the physician or other person in
attendance at or after the delivery shall file the certificate of
fetal death. He or she shall obtain the personal data from the next
of kin or the best qualified person or source available. He or she
shall complete the certificate as to personal data and deliver the
certificate to that person responsible for completing the medical
certification of cause of death within twenty-four (24) hours after
delivery.
Oklahoma Statutes - Title 63. Public Health and Safety Page 194
C. The medical certification shall be completed and signed
within forty-eight (48) hours after delivery by the physician in
attendance at or after delivery, except when inquiry into the cause
of death is required by Section 938 of this title.
Added by Laws 1963, c. 325, art. 3, § 318, operative July 1, 1963.
Amended by Laws 1978, c. 110, § 3, operative Oct. 1, 1978; Laws
2011, c. 105, § 10, eff. Nov. 1, 2011; Laws 2025, c. 58, § 7, eff.
July 1, 2025.
§63-1-318.1. MISSing Angels Act – Christopher and Kendall’s Law.
This act shall be known and may be cited as the “MISSing Angels
Act – Christopher and Kendall’s Law”.
Added by Laws 2008, c. 187, § 2, eff. Nov. 1, 2008.
§63-1-318.2. Certificate of birth for stillborn child.
The Commissioner of Health shall establish a certificate of
birth resulting in stillbirth to be offered to the parent or parents
of a stillborn child. The medical staff treating the stillbirth
shall notify the parent of the ability to request the certificate.
The certificate shall be available to any parent of a stillborn
child upon proper application. This certificate shall not be used
as evidence of live birth or for identification purposes.
Added by Laws 2008, c. 187, § 3, eff. Nov. 1, 2008. Amended by Laws
2025, c. 58, § 8, eff. July 1, 2025.
§63-1-319. Disinterment Permit - Notice of Disinterment and
Reinterment.
A. A burial transit permit issued under the laws of another
state which accompanies a dead body or fetus brought into this state
shall be authority for final disposition of the body or fetus in
this state.
B. A disinterment permit shall be required prior to
disinterment of a dead body or fetus except as authorized by
regulation or otherwise provided by law. Such permit shall be
issued by the Commissioner of Health to a licensed funeral director,
embalmer, or other person acting as such, upon proper application.
C. Application for a disinterment shall include the consent of
the next of kin. The consent of the next of kin shall be completed
by the next of kin in order of priority as established in Section
1158 of Title 21 of the Oklahoma Statutes.
D. If the dead body or fetus is to be disinterred and
reinterred in the same cemetery, a disinterment permit is not
required.
E. If the dead body or fetus is to be disinterred and
reinterred in the same cemetery, a notice of disinterment and
reinterment shall be completed, signed by the funeral director and
Oklahoma Statutes - Title 63. Public Health and Safety Page 195
the next of kin, and then submitted to the State Department of
Health within five (5) days of such action.
F. The forms for the Disinterment Permit and Notice of
Disinterment and Reinterment shall be obtained from the Department.
Added by Laws 1963, c. 325, art. 3, § 319, operative July 1, 1963.
Amended by Laws 1988, c. 36, § 2, emerg. eff. March 21, 1988; Laws
2011, c. 105, § 11, eff. Nov. 1, 2011; Laws 2013, c. 63, § 1, eff.
Nov. 1, 2013; Laws 2017, c. 179, § 1, eff. Nov. 1, 2017; Laws 2025,
c. 58, § 9, eff. July 1, 2025.
§63-1-320. Extension of time to file certificate.
The State Commissioner of Health may extend the periods
prescribed in Sections 1-317 and 1-318 for the filing of death
certificates, fetal death certificates, and medical certifications
of cause of death in cases in which compliance with the applicable
prescribed period would result in undue hardship.
Amended by Laws 1988, c. 36, § 3, emerg. eff. March 21, 1988.
§63-1-321. Amendment of certificate or record.
A. A certificate or record registered under this article may be
amended only in accordance with this article and regulations
thereunder adopted by the Commissioner of Health to protect the
integrity and accuracy of vital statistics records.
B. A certificate that is amended under this section shall be
marked "amended", except as provided in subsection D of this
section. The date of amendment and a summary description of the
evidence submitted in support of the amendment shall be endorsed on
or made a part of the record.
The Commissioner shall prescribe by regulation the conditions under
which additions or minor corrections shall be made to birth
certificates within one (1) year after the date of birth without the
certificate being considered as amended. Certificates shall be
marked as "amended" for minor corrections made one (1) year after
the date of birth.
C. Upon receipt of a certified copy of a court order, from a
court of competent jurisdiction, changing the name of a person born
in this state and upon request of such person or his or her parent,
guardian or legal representative, the Commissioner of Health shall
amend the certificate of birth to reflect the new name.
D. When a child is born out of wedlock, the Commissioner shall
amend a certificate of birth to show paternity, if paternity is not
currently shown on the birth certificate, in the following
situations:
1. Upon request and receipt of a sworn acknowledgment of
paternity of a child born out of wedlock signed by both parents;
2. Upon receipt of a certified copy of a court order
adjudicating paternity; or
Oklahoma Statutes - Title 63. Public Health and Safety Page 196
3. Upon receipt of an electronic record from the Department of
Human Services indicating that an acknowledgment of paternity has
been signed by both parents or a court order adjudicating paternity.
E. For a child born out of wedlock, the Commissioner shall also
change the surname of the child on the certificate:
1. To the specified surname upon receipt of acknowledgment of
paternity signed by both parents, upon receipt of a certified copy
of a court order directing such name be changed or upon receipt of
an electronic record from the Department of Human Services
indicating that an acknowledgment of paternity has been signed by
both parents or a court order directs such name change. Such
certificate amended pursuant to this subsection shall not be marked
"amended"; or
2. To the surname of the mother on the birth certificate in the
event the acknowledgment of paternity is rescinded.
F. The Commissioner shall have the power and duty to promulgate
rules for situations in which the Department receives false
information regarding the identity of a parent.
G. If within one (1) year of the initial issuance of a
certificate of death, a funeral director, or a person acting as
such, requests a correction to any portion of the death record
except the information relating to the medical certification
portion, due to a scrivener's error, misspelling or other correction
of information, the Commissioner of Health, through the State
Registrar of Vital Statistics, shall amend the record, provided the
request is made in writing or through an electronic system and is
accompanied by documentation disclosing the correct information or
by a sworn statement of the funeral director. The funeral director,
or person acting as such, shall be responsible for any and all
amendment fees that may be imposed by the Commissioner of Health for
the correction. Up to ten certified copies containing the erroneous
original information may be exchanged for certified copies
containing the corrected information at no additional cost.
H. Beginning April 26, 2022, the biological sex designation on
a certificate of birth amended under this section shall be either
male or female and shall not be nonbinary or any symbol representing
a nonbinary designation including but not limited to the letter "X".
Added by Laws 1963, c. 325, art. 3, § 321, operative July 1, 1963.
Amended by Laws 1986, c. 82, § 3, emerg. eff. April 3, 1986; Laws
2006, c. 116, § 61, eff. Nov. 1, 2006; Laws 2011, c. 105, § 12, eff.
Nov. 1, 2011; Laws 2019, c. 96, § 1, eff. Nov. 1, 2019; Laws 2021,
c. 83, § 3, eff. Nov. 1, 2021; Laws 2022, c. 87, § 4, emerg. eff.
April 26, 2022; Laws 2025, c. 58, § 10, eff. July 1, 2025.
§63-1-322. Copies of records - Certification.
To preserve original documents, the State Commissioner of Health
is authorized to prepare typewritten, photographic, or other
Oklahoma Statutes - Title 63. Public Health and Safety Page 197
reproductions of original records and files in his office. Such
reproductions when certified by him shall be accepted as the
original record.
Laws 1963, c. 325, art. 3, § 322, operative July 1, 1963.
§63-1-323. Vital statistics records confidential – Exceptions –
Online public index.
A. To protect the integrity of vital statistics records, to
ensure their proper use, and to ensure the efficient and proper
administration of the vital statistics system, it shall be unlawful
for any person to permit inspection of, or to disclose information
contained in, vital statistics records, or to copy or issue a copy
of all or part of any such record except to:
1. The person who is the subject of the record;
2. A parent named on the record or a person acting with the
parent's permission unless that parent is currently incarcerated;
3. Someone acting with permission of the person who is the
subject of the record;
4. Someone acting as a legal representative of the estate of
the person who is the subject of the record;
5. Someone acting as a legal representative of a person
involved in a probate of the estate of the person who is the subject
of the record, as demonstrated by affidavit;
6. An attorney licensed to practice in the United States who
demonstrates by affidavit that the record is necessary in order to
administer a client's estate;
7. Someone in receipt of a court order from a court of
competent jurisdiction ordering access to the record;
8. The Attorney General or to any district attorney upon
request in the course of a criminal investigation;
9. Only in the case of a death certificate, a funeral director;
10. A representative of the Department of Corrections, when the
subject of the record is under supervision of the Department of
Corrections;
11. A representative of the Department of Human Services acting
in accordance with Section 1-311.2 of this title; or
12. Any other person working in the best interest of the
subject of the record or the estate of the subject of record, as
determined by regulations of the Commissioner of Health.
Provided, that death certificates shall be considered publicly
available records fifty (50) years after the death and birth
certificates shall be considered publicly available records one
hundred twenty-five (125) years after the birth.
B. The State Department of Health shall, by July 1, 2017, make
available an online public index that includes, as is applicable,
the name, gender, date of birth, date of death, county of birth, and
county of death of all persons in its records. Birth data shall not
Oklahoma Statutes - Title 63. Public Health and Safety Page 198
be added to the index until twenty (20) years after the birth.
Death data shall not be added to the index until five (5) years
after the death. The index shall be made available online at no
cost to users.
Private entities may request assistance from the Department in
receiving digital files including all or part of the index described
in this subsection. Such private entities may be assessed a fee
that shall not exceed the cost of creating and transmitting the
digital file. The Commissioner may promulgate rules regarding
access to such digital files and applicable fees.
C. The Department may grant applications for electronic
verification of the existence of birth and death certificates for
legal and administrative purposes at any time following the birth or
death when such applications are made by:
1. A government agency in conduct of its official business;
2. A benefit-paying party including but not limited to an
annuity company, pension plan or life insurance company in order to
determine benefit status;
3. A physician licensed to practice in the United States to
determine if a patient has been lost to care; or
4. Other entities for fraud protection, subject to verification
of the entity's purpose by the Department.
The recipient of a record verification, as provided for in this
subsection, may not disclose to a party not involved in the issue
for which the verification was sought.
The Department may charge up to Four Dollars ($4.00) for each
electronic birth or death verification, although such fee may be
waived when such request is received by an Oklahoma state or local
government agency. The recipient of a record verification, as
provided for in this subsection, may also be subject to fees levied
by a contractor retained by the Commissioner to provide such
service.
The Commissioner may promulgate rules necessary to implement the
provisions of this subsection.
D. The Commissioner of Health may authorize the disclosure of
data contained in vital statistics records for public health
surveillance or research purposes.
E. The State Department of Health shall transmit to the
Department of Public Safety:
1. At the end of each quarter year, a list of all registered
deaths which have occurred during such period of time. Upon receipt
of such list the Department of Public Safety shall use such list
solely to update Department of Public Safety records and to cancel
the driver license for those deceased individuals with a valid
Oklahoma driver license at the time of death;
2. At the end of each month, a report of all registered deaths
that resulted from a motor vehicle collision which have occurred
Oklahoma Statutes - Title 63. Public Health and Safety Page 199
during such period of time. The report shall be used by the
Department solely for the purpose of statistical analysis and
reporting; and
3. Upon written request from the Department, a death
certificate. The certificate shall be used solely by the Fatality
Analysis Reporting System (FARS) Analyst of the Oklahoma Highway
Safety Office to populate the federal FARS database.
F. Each month, the Commissioner shall authorize the
transmission to the Oklahoma Health Care Authority of a certified
list of all registered deaths of residents of this state that have
occurred within the state for the immediately preceding month. The
Oklahoma Health Care Authority shall use the transmitted list to
ascertain the names of those individuals participating in the state
Medicaid program who are deceased, and shall thereafter terminate
such deceased person's enrollment in the state Medicaid program.
G. For the purpose of assisting in the location and recovery of
missing children, information pertaining to birth certificates and
requests for copies of birth certificates shall be provided to the
Oklahoma State Bureau of Investigation pursuant to the provisions of
Section 1-323.1 of this title and Section 150.12A of Title 74 of the
Oklahoma Statutes.
H. The Commissioner shall authorize the transmission of death
certificates to the Department of Labor for the purpose of the
Department of Labor conducting a census of total occupational
injuries and illnesses. The Department shall transmit to the
Department of Labor statistics of fatal occupational injuries that
shall include the following:
1. Name of the deceased;
2. Date of death;
3. Sex;
4. Race;
5. Age;
6. Birth date;
7. Social Security number;
8. Whether an autopsy was conducted;
9. Month of the accident; and
10. Whether decedent was of Hispanic origin.
I. The Department of Labor shall be required to protect the
integrity of the vital statistics records to the same extent
required of the Department pursuant to this section.
Added by Laws 1963, c. 325, art. 3, § 323, operative July 1, 1963.
Amended by Laws 1968, c. 44, § 1, emerg. eff. March 7, 1968; Laws
1975, c. 35, § 1; Laws 1985, c. 86, § 1, operative July 1, 1985;
Laws 1992, c. 305, § 8, emerg. eff. May 27, 1992; Laws 1995, c. 330,
§ 3, emerg. eff. June 8, 1995; Laws 2003, c. 392, § 19, eff. July 1,
2003; Laws 2010, c. 226, § 8, eff. Nov. 1, 2010; Laws 2011, c. 105,
§ 13, eff. Nov. 1, 2011; Laws 2014, c. 211, § 1, eff. Nov. 1, 2014;
Oklahoma Statutes - Title 63. Public Health and Safety Page 200
Laws 2016, c. 352, § 1, eff. Nov. 1, 2016; Laws 2019, c. 108, § 1,
eff. Nov. 1, 2019; Laws 2021, c. 83, § 4, eff. Nov. 1, 2021; Laws
2025, c. 58, § 11, eff. July 1, 2025.
§63-1-323.1. Notification system for identifying missing children.
A. The State Commissioner of Health shall establish a system
for receiving notification from the Oklahoma State Bureau of
Investigation that a person born in the State of Oklahoma and under
eighteen (18) years of age has been reported missing, for
identifying the birth certificate of such person, and for
immediately notifying the Oklahoma State Bureau of Investigation
whenever a request for a copy of the birth certificate of such
person is made. The notification to the Oklahoma State Bureau of
Investigation required by this section shall include but not be
limited to the name and address of the person requesting a copy of
the birth certificate and the name and address of the person to whom
the copy is to be mailed if that person is someone other than the
requester.
B. The State Commissioner of Health and the Director of the
Oklahoma State Bureau of Investigation shall jointly establish the
procedures and forms necessary for the transmittal of information
between the State Department of Health and the Oklahoma State Bureau
of Investigation required pursuant to the provisions of this act.
Added by Laws 1985, c. 86, § 2, operative July 1, 1985.
§63-1-324. Certified copies of records - Evidentiary value.
Unless otherwise provided in this article:
(a) The State Commissioner of Health shall, upon request, issue
a certified copy of any certificate or record in his custody or of a
part thereof. Each copy issued from records marked "delayed,"
"amended," or "court order" shall be similarly marked and show the
effective date.
(b) A copy of a certificate or any part thereof issued in
accordance with subsection (a) of this section, certified to by the
State Commissioner of Health or by a person designated by him for
such purpose, shall be considered for all purposes the same as the
original, and shall be prima facie evidence of the facts therein
stated, provided that the evidentiary value of a certificate or
record filed more than one (1) year after the event or a record
which has been amended shall be determined by the judicial or
administrative body or official before whom the certificate is
offered as evidence. Such certification by the Commissioner or his
designee, and seal accompanying the same, may be accomplished by
facsimile process.
(c) The National Vital Statistics Division may be furnished such
copies or data as it may require for national statistics; provided,
that the State Department of Health shall be reimbursed for the cost
Oklahoma Statutes - Title 63. Public Health and Safety Page 201
of furnishing such data; and provided, further, that such data shall
not be used for other than statistical purposes by the National
Vital Statistics Division unless so authorized by the State
Commissioner of Health.
(d) Federal, state, local, and other public or private agencies
may, upon request, be furnished copies or data for statistical
purposes, upon such terms or conditions as may be prescribed by the
Commissioner.
(e) No person shall prepare or issue any certificate which
purports to be an original, certified copy, or copy of a certificate
of birth, death, or fetal death, except as authorized in this
article, or regulations adopted hereunder.
Laws 1963, c. 325, art. 3, § 324.
§63-1-324.1. Birth, death or stillbirth certificates - Prohibited
acts - Penalties.
A. It shall be unlawful and deemed a Class D3 felony offense
for any person to commit any of the following specified acts in
relation to birth, death or stillbirth certificates issued by this
state:
1. Create, issue, present or possess a fictitious birth, death
or stillbirth certificate;
2. Apply for a birth, death or stillbirth certificate under
false pretenses;
3. Alter information contained on a birth, death or stillbirth
certificate;
4. Obtain, display or represent a birth certificate of any
person as one's own by any person, other than the person named on
the birth certificate;
5. Obtain, display or represent a fictitious death or
stillbirth certificate for the purpose of fraud;
6. Make a false statement or knowingly conceal a material fact
or otherwise commit fraud in an application for a birth, death or
stillbirth certificate;
7. Knowingly present a false or forged certificate for filing;
8. Knowingly provide false personal data to a certifier of a
death certificate; or
9. Knowingly misrepresent any person's relationship to the
decedent.
B. Except as otherwise provided in this subsection, it is a
felony for any employee or person authorized to issue or create a
birth, death or stillbirth certificate or related record under this
title to knowingly issue such certificate or related record to a
person not entitled thereto, or to knowingly create or record such
certificate bearing erroneous information thereon. A certifier who
knowingly omits to list a lethal agent or improperly states manner
of death in violation of subsection E of Section 1-317 of this title
Oklahoma Statutes - Title 63. Public Health and Safety Page 202
shall be deemed to have engaged in unprofessional conduct as
described in paragraph 8 of Section 509 of Title 59 of the Oklahoma
Statutes.
C. Except as otherwise provided in subsection B of this
section, a violation of any of the provisions of this section shall
constitute a Class D3 felony offense punishable as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes.
D. Notwithstanding any provision of this section, the State
Commissioner of Health or a designated agent, upon the request of a
chief administrator of a health or law enforcement agency, may
authorize the issuance, display or possession of a birth, death or
stillbirth certificate, which would otherwise be in violation of
this section, for the sole purpose of education with regard to
public health or safety; provided, however, any materials used for
such purposes shall be marked "void".
E. The provisions of this section shall not apply to any
request made to the State Department of Health pursuant to
subsection E of Section 1550.41 of Title 21 of the Oklahoma
Statutes.
Added by Laws 2003, c. 384, § 1, eff. Nov. 1, 2003. Amended by Laws
2011, c. 105, § 14, eff. Nov. 1, 2011; Laws 2019, c. 305, § 3, eff.
Nov. 1, 2019; Laws 2020, c. 161, § 53, emerg. eff. May 21, 2020;
Laws 2021, c. 104, § 2, eff. Nov. 1, 2021; Laws 2025, c. 486, § 731,
eff. Jan. 1, 2026.
NOTE: Laws 2019, c. 184, § 2 repealed by Laws 2020, c. 161, § 54,
emerg. eff. May 21, 2020.
§63-1-324.2. Unlawful acts - Penalties.
A. It shall be unlawful for any person to commit any of the
following specified acts in relation to disinterment permits issued
by this state:
1. Create, issue, or present a fictitious disinterment permit;
2. Apply for a disinterment permit under false pretenses;
3. Alter information contained on a disinterment permit;
4. Obtain, display or represent a disinterment permit for the
purpose of fraud;
5. Make a false statement or knowingly conceal a material fact
or otherwise commit fraud in an application for a disinterment
permit; or
6. Reinter the remains in a location other than that specified
on the permit.
B. A violation of any of the provisions of this section shall
constitute a misdemeanor for a first offense and, upon conviction,
shall be punishable by a fine not exceeding Ten Thousand Dollars
($10,000.00). Any second or subsequent offense shall constitute a
felony and, upon conviction, shall be punishable by a fine of up to
Oklahoma Statutes - Title 63. Public Health and Safety Page 203
Ten Thousand Dollars ($10,000.00) or imprisonment in the custody of
the Department of Corrections for a term of not more than two (2)
years, or both.
Added by Laws 2011, c. 105, § 15, eff. Nov. 1, 2011.
§63-1-325. Fees for certified copies of records - Noncollectible
drafts - Enlistees.
The State Board of Health shall prescribe the fees to be paid
for certified copies of certificates or records, or for a search of
the files or records when no copy is made.
The collection of such fees may be accomplished by acceptance of
cash, money orders, credit cards, organization or personal checks;
in the event money orders or checks are proved to be noncollectible,
neither the Board of Health, the Commissioner of Health, nor any of
the employees of the Department of Health will be held responsible
and personally liable; it is further required that no additional
certified copies of records may be delivered to persons on whom
noncollectible drafts remain outstanding.
A search and a verification of birth facts shall be furnished
free of charge to any person volunteering for enlistment into a
branch of the Armed Forces of the United States, upon written
request therefor by an officer of the Armed Forces representing the
interests of such person who shall be volunteering for service.
Added by Laws 1963, c. 325, art. 3, § 325, operative July 1, 1963.
Amended by Laws 1968, c. 184, § 1; Laws 1970, c. 67, § 1, emerg.
eff. March 17, 1970; Laws 2011, c. 105, § 16, eff. Nov. 1, 2011.
§63-1-326. Inmates of institutions - Records - Deaths.
(a) Every person in charge of an institution as defined in this
article shall keep a record of personal particulars and data
concerning each person admitted or confined to such institution. The
record shall include such information as required by the standard
certificate of birth, death, and fetal death forms issued under the
provisions of this article. The record shall be made at the time of
admission from information provided by such person, but when it
cannot be so obtained, the same shall be obtained from relatives or
other persons acquainted with the facts. The name and address of
the person providing the information shall be a part of the record.
(b) When a dead human body is released or disposed of by an
institution, the person in charge of the institution shall keep a
record showing the name of the deceased, date of death, name and
address of the person to whom the body is released, date of removal
from the institution, or, if finally disposed of by the institution,
the date, place, and manner of disposition shall be recorded.
(c) A funeral director, embalmer, or other person who removes
from the place of death or transports or finally disposes of a dead
body or fetus, in addition to filing any certificate or other form
Oklahoma Statutes - Title 63. Public Health and Safety Page 204
required by this article, shall keep a record which shall identify
the body, and such information pertaining to his receipt, removal,
and delivery of such body as may be prescribed in regulations
adopted by the State Board of Health.
(d) Records maintained under this section shall be retained for
a period of not less than two (2) years, and thereafter may be kept
in a form authorized by 12 O.S.1961, Sec. 522, and shall be made
available for inspection by the State Commissioner of Health or his
representative upon demand.
Laws 1963, c. 325, art. 3, § 326, operative July 1, 1963.
§63-1-327. Information concerning birth or death.
Any person having knowledge of the facts may furnish such
information as he shall possess regarding any birth, death, or fetal
death, upon request of the State Commissioner of Health.
Laws 1963, c. 325, art. 3, § 327, operative July 1, 1963.
§63-1-328. Renumbered as § 396.29 of Title 59 by Laws 2003, c. 57,
§ 31, emerg. eff. April 10, 2003.
§63-1-329.1. Cremation - Burial at sea - Bodies for pathologic
study - Disposal permits.
Until a permit for disposal has been issued in accordance with
this section, no dead human body whose death occurred within the
State of Oklahoma shall be cremated, buried at sea, or made
unavailable for further pathologic study by other recognized means
of destruction or dissolution of such remains.
When the person legally responsible for disposition of a dead
human body, whose death occurred or was pronounced within this
state, desires that the body be cremated, buried at sea, or made
unavailable for further pathologic study by other recognized means
of destruction or dissolution of such remains, that person shall
complete an application-permit form for such procedure provided by
the Office of the Chief Medical Examiner. The Office of the Chief
Medical Examiner, in accordance with Section 948.1 of this title,
shall charge a fee for each cremation permit issued. The Medical
Examiner shall be notified, as required in Section 938 of this
title. He or she shall perform the required investigation and shall
issue a valid death certificate as required by Section 947 of this
title and execute the permit in accordance with rules established by
the Office of the Chief Medical Examiner. In order to be valid,
each permit must contain an individual number assigned to the
particular permit by the Office of the Chief Medical Examiner. A
copy of the application-permit form and the original death
certificate shall be filed with the State Department of Health. The
original application-permit form shall be filed by the funeral
director with the Office of the Chief Medical Examiner. Such filing
Oklahoma Statutes - Title 63. Public Health and Safety Page 205
shall occur or be postmarked within forty-eight (48) hours of the
death.
If death occurred or was pronounced outside the geographic
limits of the State of Oklahoma and the body is brought into this
state for such disposal, a transit permit or a permit for removal,
issued in accordance with the laws and regulations in force where
the death occurred shall authorize the transportation of the body
into or through this state and shall be accepted in lieu of a
certificate of death as required above. A valid permit issued for
disposal of such body in accordance with the laws in the
jurisdiction where the body died or death was pronounced shall be
authority for cremation or burial at sea or to make the body
otherwise unavailable for further pathologic study by other
recognized means of destruction or dissolution of such remains.
Added by Laws 1978, c. 114, § 2, eff. Jan. 1, 1979. Amended by Laws
1993, c. 269, § 18, eff. Sept. 1, 1993; Laws 2011, c. 105, § 17,
eff. Nov. 1, 2011; Laws 2017, c. 385, § 2, eff. Nov. 1, 2017; Laws
2025, c. 58, § 12, eff. July 1, 2025.
§63-1-330. Repealed by Laws 2003, c. 57, § 30, emerg. eff. April
10, 2003.
§63-1-331. Renumbered as § 396.30 of Title 59 by Laws 2003, c. 57,
§ 31, emerg. eff. April 10, 2003.
§63-1-331.1. Renumbered as § 396.31 of Title 59 by Laws 2003, c.
57, § 31, emerg. eff. April 10, 2003.
§63-1-332. Renumbered as § 396.32 of Title 59 by Laws 2003, c. 57,
§ 31, emerg. eff. April 10, 2003.
§63-1-333. Renumbered as § 396.33 of Title 59 by Laws 2003, c. 57,
§ 31, emerg. eff. April 10, 2003.
§63-1-334. Marriage and divorce – Nonidentifiable aggregate data.
Not later than November 1, 2002, the State Department of Health
and the Administrative Office of the Courts shall begin discussions
regarding the identification, collection and analysis of
nonidentifiable aggregate data related to marriage and divorce in
this state and shall make recommendations regarding alternatives to
the establishment of such statistical reports to the Governor and
the Legislature on or before February 1, 2003.
Added by Laws 2002, c. 377, § 1, eff. July 1, 2002.
§63-1-401. Definitions.
As used in this article:
Oklahoma Statutes - Title 63. Public Health and Safety Page 206
1. “Tuberculosis disease” means disease caused by Mycobacterium
tuberculosis complex;
2. “Active tuberculosis disease” means a stage of tuberculosis
in which compatible pathologic changes are present as demonstrated
by clinical, bacteriologic, or radiographic evidence, and/or other
diagnostic procedures. Persons diagnosed with tuberculosis are
considered to have active tuberculosis disease until they have
completed a full course of antituberculosis treatment as prescribed
or approved by the State Commissioner of Health; and
3. “Tuberculosis infection” means a stage of tuberculosis
characterized by having a positive or a history of a positive
response to a tuberculin skin test or other laboratory test for
tuberculosis infection, but not having clinical, radiographic or
other evidence of disease.
Added by Laws 1963, c. 325, art. 4, § 401, operative July 1, 1963.
Amended by Laws 2008, c. 393, § 1, eff. Nov. 1, 2008.
§63-1-402. Examinations for tuberculosis.
When any local health officer shall have reasonable grounds to
believe that any person has active tuberculosis disease, but will
not voluntarily seek a medical examination, then it shall be the
duty of the local health officer to order such person in writing to
undergo an examination by a physician approved by the State
Commissioner of Health for such examinations. It shall be the duty
of the suspected person to submit to examination at such time and
place as ordered by the local health officer. The examination shall
include an X-ray of the chest, examinations of sputum, and such
other forms and types of examinations as shall be approved by the
Commissioner. If, upon examination, it is determined that the
person has active or suspected active tuberculosis disease, then it
shall be the duty of such person to comply with the orders of the
Commissioner.
Added by Laws 1963, c. 325, art. 4, § 402, operative July 1, 1963.
Amended by Laws 2008, c. 393, § 2, eff. Nov. 1, 2008.
§63-1-403. Exposure to tuberculosis.
Whenever it has been determined that any person has active
tuberculosis disease, it shall be the duty of the local health
officer to instruct such person as to the precautions necessary to
protect the members of the person's household or the community from
becoming infected with tuberculosis communicated by such person. It
shall be the duty of such person to live in such a manner as not to
expose members of the person’s family or household, or any other
person with whom the person may be associated, to danger of
infection. The local health officer shall investigate periodically
for the purpose of determining if the instructions are being carried
out in a reasonable and acceptable manner.
Oklahoma Statutes - Title 63. Public Health and Safety Page 207
Added by Laws 1963, c. 325, art. 4, § 403, operative July 1, 1963.
Amended by Laws 2008, c. 393, § 3, eff. Nov. 1, 2008.
§63-1-405. Freedom to choose treatment.
Nothing in this article shall be construed or operate to empower
or authorize the State Commissioner of Health, or any local health
officer, or his representative, to restrict in any manner the
individual's right to select the mode of treatment of his choice nor
to require any physical examination of a patient who in good faith
relies upon spiritual means or prayer for healing.
Laws 1963, c. 325, art. 4, § 405.
§63-1-409. Reciprocal agreements.
The State Commissioner of Health may, on behalf of the State of
Oklahoma, enter into a reciprocal agreement with another state
providing for care and treatment of persons having active
tuberculosis disease who are residents of the other state, or for
the transportation or return of any such nonresident person from one
of the states to the other state of which such person is a resident.
Added by Laws 1963, c. 325, art. 4, § 409, operative July 1, 1963.
Amended by Laws 2008, c. 393, § 4, eff. Nov. 1, 2008.
§63-1-410. Hospitalization and treatment.
When the State Commissioner of Health shall have reasonable
grounds to believe that any person has active tuberculosis disease,
the Commissioner may require isolation, hospitalization or other
confinement for treatment of such person. The State Commissioner of
Health is hereby authorized to contract with any hospital and/or
physician to provide such hospitalization or treatment as required
and shall be exempt from the provisions of the Oklahoma Central
Purchasing Act in contracting for such hospitalization and
treatment, as specified in Section 85.4 of Title 74 of the Oklahoma
Statutes. If any person shall be convicted for a violation of any
of the provisions of Sections 1-402 and 1-403 of this title, then
such person shall be committed by the judge of the district court
for isolation or confinement and treatment in such institution or at
such location or facility as designated by the State Commissioner of
Health.
Added by Laws 1975, c. 351, § 19, emerg. eff. June 12, 1975.
Amended by Laws 2008, c. 393, § 5, eff. Nov. 1, 2008.
§63-1-450. Oklahoma Plan for Comprehensive Treatment of Chronic
Obstructive Pulmonary Disease Act.
A. This act shall be known and may be cited as the “Oklahoma
Plan for Comprehensive Treatment of Chronic Obstructive Pulmonary
Disease Act”.
Oklahoma Statutes - Title 63. Public Health and Safety Page 208
B. The State Department of Health shall create a comprehensive
chronic obstructive pulmonary disease (COPD) state plan that
outlines sustainable solutions for reducing the burden of COPD in
Oklahoma through the coordinated implementation of multiple
strategies. The Department may utilize existing plans developed by
advocacy organizations as a cost-saving means of developing such
strategies. These strategies shall include, without limitation,
recommendations for:
1. The prevention and early detection of COPD to reduce the
incidence of disease;
2. The treatment and management of COPD to ensure that health
care providers offer state-of-the-art care;
3. Increasing public awareness, patient education and proper
medical management of COPD among the general public and those living
with COPD; and
4. Improving COPD outcomes in Oklahoma through increases in
COPD funding and resources as well as ongoing effective advocacy by
government leaders and people with COPD.
Added by Laws 2010, c. 388, § 1, emerg. eff. June 7, 2010.
§63-1-501. Definitions.
For the purposes of this article:
(a) The term "disease" means the disturbances of the normal
functions or alterations of the state of the human body resulting in
physical or mental ill health and/or disability.
(b) The term "prevention" means any and all conditions that may
preclude or reduce the possibility of the onset or beginning of
disease.
(c) The term "control" means any and all procedures which
modify, or may modify, favorably the course of disease.
(d) The term "communicable disease" means an illness due to a
specific infectious agent or its toxic products, arising through
transmission of that agent or its products from reservoir to
susceptible host, either directly as from an infected person or
animal, or indirectly through the agent of an intermediate plant or
animal host, a vector, or the inanimate environment. It also means
an infestation by an ectoparasite and similar species.
Laws 1963, c. 325, art. 5, § 501, operative July 1, 1963.
§63-1-502. Rules and regulations.
(a) The State Board of Health shall have authority to adopt such
rules and regulations, not inconsistent with law, as it deems
necessary to aid in the prevention and control of communicable
disease, which may be on the following matters: Recommended
immunization procedures; quarantine measures; exclusion of children
from school; regulation of public meetings and gatherings in
epidemic situations; regulation of vectors; control of vehicles
Oklahoma Statutes - Title 63. Public Health and Safety Page 209
capable of transmitting a communicable disease; detection and
diagnosis of communicable disease; carriers of disease; disposal of
infected body wastes and other materials; fumigation, cleaning and
sterilization, and disinfection; and other necessary measures to
prevent and control communicable disease.
(b) The State Board of Health is authorized to establish
preventive programs for noncommunicable diseases and to promulgate
rules and regulations for the control of causative or toxic
substances which can or may cause disease.
Added by Laws 1963, c. 325, art. 5, § 502, operative July 1, 1963.
§63-1-502.1. Communicable diseases - Universal precautions - Rules
and regulations - Risk exposure.
A. All agencies and organizations that regularly employ
emergency medical technicians, paramedics, firefighters, peace
officers, as defined in Section 648 of Title 21 of the Oklahoma
Statutes, correctional officers and employees, or health care
workers, all mental health or intellectual disability treatment or
evaluation programs that employ persons involved with providing care
for patients, the J.D. McCarty Center for Children with
Developmental Disabilities, and all juvenile institutions of the
Department of Human Services shall implement the universal
precautions for the prevention of the transmission of communicable
diseases published by the Centers for Disease Control, U.S. Public
Health Service, in the Morbidity and Mortality Weekly Report, Volume
36, Number 2S or as subsequently amended.
B. The State Commissioner of Health shall promulgate rules and
guidelines that will implement a system of notification of emergency
medical technicians, paramedics, firefighters, health care workers,
funeral directors, peace officers, and any person who in good faith
renders aid in accordance with the Good Samaritan Act relating to
risk exposures during health care activities, emergency response
activities or funeral preparations. Risk exposure shall be defined
by the State Commissioner of Health to be exposure that is
epidemiologically demonstrated to have the potential for
transmitting a communicable disease.
C. The Board of Mental Health and Substance Abuse Services,
Department of Human Services, Oklahoma Cerebral Palsy Commission,
and State Board of Corrections shall each promulgate rules,
guidelines or policies to provide for such notification of risk
exposures to persons employed by such agencies.
Added by Laws 1988, c. 153, § 1, eff. Jan. 1, 1989. Amended by Laws
1992, c. 307, § 14, eff. July 1, 1992; Laws 2013, c. 246, § 1, eff.
Nov. 1, 2013; Laws 2019, c. 475, § 52, eff. Nov. 1, 2019.
§63-1-502.2. Certain information to be confidential - Circumstances
under which release permissible - Written consent defined -
Oklahoma Statutes - Title 63. Public Health and Safety Page 210
Multidisciplinary advisory committee on HIV/HBV-infected health care
workers - Wrongful disclosure of certain information.
A. Unless otherwise provided by law, all information and
records created, received, investigated, held, or maintained by the
State Department of Health concerning any person who has
participated in a public health investigation or who may have any
communicable or noncommunicable disease which is required to be
reported pursuant to Sections 1-501 through 1-532.1 of this title
shall be confidential records of the Department and shall not be
required to be produced pursuant to the Oklahoma Open Records Act.
Such information shall not be released except under the following
circumstances:
1. Release is made upon court order;
2. Release is made in writing, by or with the written consent
of the person whose information is being kept confidential or with
the written consent of the legal guardian or legal custodian of such
person, or if such person is a minor, with the written consent of
the parent or legal guardian of such minor;
3. Release is necessary as determined by the State Department
of Health to protect the health and well-being of the general public
and such release is authorized or required under and released in
accordance with the Health Insurance Portability and Accountability
Act of 1996;
4. Release is made of medical or epidemiological information to
those persons who have had risk exposures pursuant to Section 1-
502.1 of this title;
5. Release is made of medical or epidemiological information to
health professionals, appropriate state or federal agencies, or
district courts to enforce the provisions of Sections 1-501 through
1-532.1 of this title and related rules and regulations concerning
the control and treatment of communicable or noncommunicable
diseases;
6. Release is made of specific medical or epidemiological
information for statistical purposes whether within the State of
Oklahoma or throughout the United States, in such a way that no
person can be identified;
7. Release is made of medical information among health care
providers, their agents or employees, within the continuum of care
for the purpose of diagnosis and treatment of the person whose
information is released whether within the State of Oklahoma or
throughout the United States; or
8. When the patient is an inmate in the custody of the
Department of Corrections or a private prison or facility under
contract with the Department of Corrections, and the release of the
information is necessary:
a. to prevent or lessen a serious and imminent threat to
the health or safety of a person or the public, and it
Oklahoma Statutes - Title 63. Public Health and Safety Page 211
is to a person or persons reasonably able to prevent
or lessen the threat, including the target of the
threat, or
b. for law enforcement authorities to identify or
apprehend an individual where it appears from all the
circumstances that the individual has escaped from a
correctional institution or from lawful custody.
B. For the purposes of this section only, "written consent"
means that the person whose information is required to be kept
confidential by this section or the person legally authorized to
consent to release by this section has been informed of all persons
or organizations to whom such information may be released or
disclosed by the specific release granted. Consent obtained for
release of information, pursuant to paragraph 2 of subsection A of
this section, shall not be considered valid unless, prior to
consent, the person consenting to the release was given notice of
the provisions for release of confidential information pursuant to
this section. The provisions of this subsection shall not apply to
written authorizations to disclose information to the Social
Security Administration.
C. 1. The State Department of Health may convene a
confidential meeting of a multidisciplinary team for recommendation
on school placement of a student who is infected with the human
immunodeficiency virus. The multidisciplinary team shall include,
but not be limited to, the following:
a. the parent, parents, legal representative, or legal
guardian or legal custodian of the student,
b. the physician of the student,
c. a representative from the superintendent's office of
the affected school district,
d. a representative from the State Department of
Education, and
e. a representative from the State Department of Health.
Each member of the team shall be responsible for protecting the
confidentiality of the student and any information made available to
such person as a member of the team. The multidisciplinary team
shall be exempt from the requirements of Sections 301 through 314 of
Title 25 of the Oklahoma Statutes and Sections 24A.1 through 24A.19
of Title 51 of the Oklahoma Statutes.
2. Each member of the local school board having jurisdiction
over the student shall also be responsible for protecting the
confidentiality of the student and any information made available to
such person as a school board member.
D. The State Department of Health may convene a confidential
meeting of a multidisciplinary advisory committee to make
recommendations regarding the practice of health care workers who
are infected with the human immunodeficiency virus (HIV) or
Oklahoma Statutes - Title 63. Public Health and Safety Page 212
hepatitis B virus (HBV), who may be performing exposure-prone
procedures. The membership of the multidisciplinary advisory
committee shall include, but not be limited to, the following:
1. The State Commissioner of Health or designee;
2. Legal counsel to the State Commissioner of Health;
3. The state epidemiologist or designee;
4. An infectious disease specialist with expertise in HIV/HBV
infection; and
5. Two practicing health care workers from the same discipline
as the HIV/HBV-infected health care worker.
In addition, the health care worker being discussed, and/or an
advocate, and the personal physician of the health care worker being
discussed shall be invited to the multidisciplinary advisory
committee meeting. Discussion of the case shall be made without
using the actual name of the health care worker. Each member of the
multidisciplinary advisory committee shall be responsible for
protecting the confidentiality of the HIV/HBV-infected health care
worker and the confidentiality of any information made available to
such person as a member of the multidisciplinary advisory committee.
The multidisciplinary advisory committee shall be exempt from the
requirements of the Oklahoma Open Meeting Act and the Oklahoma Open
Records Act.
E. Upon advice of the multidisciplinary advisory committee, the
State Commissioner of Health or designee may notify an appropriate
official at the health care facility where the HIV/HBV-infected
health care worker practices that the health care worker is
seropositive for HIV and/or HBV. Notification shall be made only
when necessary to monitor the ability of the HIV/HBV-infected health
care worker to comply with universal precautions and appropriate
infection control practices, and/or to monitor the ongoing
functional capacity of the health care worker to perform his or her
duties. Notification shall occur through one of the following
officials:
1. The facility administrator;
2. The hospital epidemiologist;
3. The chair of the infection control committee of the
facility; or
4. The medical chief of staff of the facility.
F. If the HIV/HBV-infected health care worker fails or refuses
to comply with the recommendations of the multidisciplinary advisory
committee, the State Commissioner of Health or designee may take
such actions as may be required to perform the duties imposed by the
laws of the State of Oklahoma, and may advise the appropriate
licensing board.
G. Any person who negligently, knowingly or intentionally
discloses or fails to protect medical or epidemiological information
classified as confidential pursuant to this section, upon
Oklahoma Statutes - Title 63. Public Health and Safety Page 213
conviction, shall be guilty of a misdemeanor punishable by the
imposition of a fine of not less than One Thousand Dollars
($1,000.00) or by imprisonment in the county jail for not more than
thirty (30) days, or by both such fine and imprisonment.
H. Any person who negligently, knowingly or intentionally
discloses or fails to protect medical or epidemiological information
classified as confidential pursuant to this section shall be civilly
liable to the person who is the subject of the disclosure for court
costs, attorney fees, exemplary damages and all actual damages,
including damages for economic, bodily or psychological harm which
are proximately caused by the disclosure.
Added by Laws 1988, c. 153, § 2, eff. July 1, 1988. Amended by Laws
1990, c. 27, § 3, emerg. eff. April 3, 1990; Laws 1991, c. 200, § 4,
eff. Sept. 1, 1991; Laws 1992, c. 144, § 1, eff. Sept. 1, 1992; Laws
2004, c. 168, § 15, emerg. eff. April 27, 2004; Laws 2007, c. 153, §
1, eff. Nov. 1, 2007; Laws 2008, c. 393, § 6, eff. Nov. 1, 2008;
Laws 2011, c. 105, § 18, eff. Nov. 1, 2011; Laws 2020, c. 118, § 1,
emerg. eff. May 21, 2020; Laws 2021, c. 60, § 1, emerg. eff. April
20, 2021.
§63-1-502.3. Person withdrawing or testing blood for communicable
diseases - Civil and criminal liability - Definitions.
A. No person who withdraws or tests blood for human
immunodeficiency virus (HIV), methicillin-resistant staphylococcus
aureus (MRSA), hepatitis or any other communicable disease or
employer of such person or any hospital or health care facility
where blood is withdrawn or tested for HIV, MRSA, hepatitis or any
other communicable disease shall incur any civil or criminal
liability as a result of the proper withdrawal of blood or testing
for HIV, MRSA, hepatitis or any other communicable disease when
acting in compliance with the provisions of this section. The
withdrawal or testing shall be performed in a reasonable manner,
according to generally accepted standards of clinical practice. The
person, employer or facility shall be presented with:
1. A written statement by the person whose blood is to be
withdrawn and tested; or
2. A written statement from a health care or emergency care
worker verifying that the health care or emergency care worker in an
occupational setting has been exposed to the bodily fluids of the
person whose blood is to be withdrawn and tested, which exposure
placed the health care or emergency care worker at risk for transfer
of the bodily fluids; or
3. An order from a court of competent jurisdiction that blood
be withdrawn and tested.
When presented with such a statement or court order, the person
authorized to withdraw the blood, the employer and the hospital or
other health care facility where the withdrawal or testing occurs
Oklahoma Statutes - Title 63. Public Health and Safety Page 214
may rely on such statement or order as evidence that the person has
consented to or has been required to submit to the clinical
procedure and shall not be required to obtain any additional
consent, acknowledgement or waiver form. In such case, the person
authorized to perform the procedure, the employer of such person,
and the hospital or other health care facility shall not be liable
in any action alleging lack of consent or lack of informed consent.
B. No person specified in this section shall incur any civil or
criminal liability for:
1. Providing results of the testing to:
a. the person whose blood was tested,
b. the person incurring the exposure,
c. the funeral director or embalmer who will be or is
preparing the body of a person who has been tested
pursuant to this section for burial or other
disposition, or
d. the State Department of Health or such agency it may
designate;
2. Not providing the results of the testing to any other
person; or
3. Failing to diagnose or falsely diagnosing the presence of
HIV, MRSA, hepatitis or any other communicable disease where the
procedure was performed in a reasonable manner according to
generally accepted standards of clinical practice.
C. For the purposes of this section:
1. "Bodily fluids" means fluids which have been medically
proven and medically accepted as transmitters or conductors of HIV,
MRSA, hepatitis or any other communicable disease; and
2. "Health care worker" or "emergency care worker" means one of
the persons specified in subsection A of Section 1-502.1 of this
title.
Added by Laws 1991, c. 200, § 6, eff. Sept. 1, 1991. Amended by
Laws 1992, c. 144, § 2, eff. Sept. 1, 1992; Laws 2020, c. 9, § 2,
eff. Nov. 1, 2020.
§63-1-502.4. Notice to funeral director or embalmer of communicable
disease.
Any hospital, physician or other person who is responsible for
the release of the body of a person who has tested positive for
human immunodeficiency virus (HIV), methicillin-resistant
staphylococcus aureus (MRSA), hepatitis or any other communicable
disease to a funeral director or embalmer who will be preparing the
body for burial or other disposition shall notify, in writing, the
funeral director or embalmer of the positive test upon first call,
as the term is defined by the Funeral Services Licensing Act.
Added by Laws 2020, c. 9, § 5, eff. Nov. 1, 2020.
Oklahoma Statutes - Title 63. Public Health and Safety Page 215
§63-1-503. Reports of disease.
(A) The State Board of Health shall promulgate rules and
regulations establishing a system of reporting of cases of diseases
diagnosed or detected by practicing physicians and/or clinical
laboratories which come within the purview of this article. A
reporting system established by the Board shall be applicable to
penal and eleemosynary institutions. Failure or refusal to report
diseases as required by the Board shall constitute a misdemeanor.
(b) It shall be the duty of each local health officer to report
the existence of disease in his jurisdiction, as may be required by
rules and regulations of the State Board of Health.
Laws 1963, c. 325, art. 5, § 503.
§63-1-504. Quarantine - Violation of quarantine unlawful -
Injunctive relief.
A. Whenever a local health officer determines or suspects that
a person has been exposed to and may be incubating a communicable
disease of public health concern, the local health officer may
impose a quarantine upon such person and require such person to
remain out of public contact and in the place or premises where such
person usually stays. Notice thereof shall be given in accordance
with the rules and regulations of the State Board of Health. It
shall be unlawful for such person, or any other person, to violate
the terms or conditions of the quarantine.
B. Whenever a local health officer determines or suspects that
a person has a communicable disease of public health concern, the
local health officer may impose isolation upon such person and
require such person to remain out of public contact and in an
adequate treatment facility or in the place or premises where such
person usually stays. Notice thereof shall be given in accordance
with the rules and regulations of the State Board of Health. It
shall be unlawful for such person, or any other person, to violate
the terms or conditions of the isolation.
C. District courts shall be authorized to grant injunctive
relief, including temporary injunctions and temporary restraining
orders, to compel compliance with a quarantine or isolation order
issued by a local health officer pursuant to this section.
Added by Laws 1963, c. 325, art. 5, § 504, operative July 1, 1963.
Amended by Laws 2008, c. 393, § 7, eff. Nov. 1, 2008.
§63-1-505. Removal of diseased persons authorized.
A local health officer may cause any person in his jurisdiction,
found to be infected with a communicable disease, to be removed to a
hospital or other place for the reception of infected persons,
unless such person be sick in his own place of residence or cannot
be moved without danger to his life.
Laws 1963, c. 325, art. 5, § 505, operative July 1, 1963.
Oklahoma Statutes - Title 63. Public Health and Safety Page 216
§63-1-506. Permission for removal of diseased persons.
No person having a communicable disease shall be removed from
the place where he is sick, to any other place, except in accordance
with rules and regulations of the State Board of Health.
Laws 1963, c. 325, art. 5, § 506, operative July 1, 1963.
§63-1-507. Schools - Attendance of diseased pupils.
No person having a communicable disease shall be permitted to
attend a private or public school, and it shall be the duty of the
parent or guardian and the school of such person to exclude from the
school such person until the expiration of the period of isolation
or quarantine ordered for the case, or until permission to do so
shall have been given by the local county health department or the
State Department of Health.
Laws 1963, c. 325, art. 5, § 507, operative July 1, 1963. Amended
by Laws 2021, c. 60, § 2, emerg. eff. April 20, 2021.
§63-1-508. Animals - Quarantine.
A. 1. The State Board of Health may adopt such rules as it
deems necessary for the quarantine, isolation, impounding,
immunization and disposal of an animal to prevent and control any
zoonotic disease. Rules of the Board shall consider, but not be
limited to:
a. prior rabies vaccinations,
b. the degree of exposure to rabies,
c. the history and prior behavior of the animal prior to
exposure, and
d. the willingness of the individual so exposed to submit
to post-exposure antirabies immunization.
2. The President of the State Board of Agriculture and the
Director of Wildlife Conservation shall be requested to make
recommendations on pertinent phases affecting their official duties
before such rules are promulgated by the State Board of Health.
B. 1. Whenever the State Commissioner of Health or a designee
determines that any zoonotic disease exists in any area or that a
person has suffered an exposure to any such disease, the
Commissioner shall have authority to issue an order declaring a
quarantine, isolation, impounding, immunization or disposal of any
animal determined to be the source of such disease or exposure
according to rules promulgated by the State Board of Health. The
Commissioner shall, assisted by the State Board of Agriculture and
the Director of Wildlife Conservation, cause such quarantine,
isolation, impounding, immunization or disposal to be enforced.
2. Public officers and employees acting within the scope of
their authority in implementing or enforcing any such order, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 217
rules promulgated for the control of zoonotic disease, shall not be
held liable for damages resulting from their official acts.
C. It shall be unlawful for any person to willfully fail or
refuse to comply with a lawful order of the State Commissioner of
Health declaring a quarantine, isolation, impounding, immunization
or disposal. Any person convicted of violating the provisions of
this subsection shall be guilty of a misdemeanor and may be punished
by a fine of not more than One Hundred Dollars ($100.00), by
imprisonment in the county jail for not more than thirty (30) days,
or by both such fine and imprisonment.
D. District courts shall be authorized to grant injunctive
relief, including temporary injunctions and temporary restraining
orders, to compel compliance with a quarantine, isolation,
impounding, immunization or disposal order issued by the
Commissioner pursuant to this section.
Added by Laws 1963, c. 325, art. 5, § 508. Amended by Laws 1991, c.
12, § 1, emerg. eff. March 25, 1991; Laws 1996, c. 124, § 1, eff.
Nov. 1, 1996.
§63-1-509. Inflammation of eyes of newborn infants.
Any inflammation, swelling or unusual redness in either one or
both eyes of any infant, together with any unnatural discharge from
the eye or eyes of such infant, independent of the nature of the
infection, if any, occurring at any time within four (4) weeks after
the birth of such infant, shall be known as "inflammation of the
eyes of the newborn" (ophthalmia neonatorum).
Laws 1963, c. 325, art. 5, § 509.
§63-1-510. Required eye treatment of infant - Exemption.
A. It shall be the duty of any physician, midwife, or other
person attendant upon the birth of a newborn infant to ensure
treatment of the eyes of the infant with a prophylactic ophthalmic
agent as recommended by the Centers for Disease Control and
Prevention as prophylaxis against ophthalmia neonatorum.
B. Nothing in this section shall be construed to prohibit a
parent or legal guardian of a newborn infant from refusing
prophylactic treatment on religious grounds or when such person
deems that it is in the best interest of the child. If the parent
or legal guardian of the newborn infant refuses the prophylactic
treatment, the health care provider shall document the refusal in
the medical file of the newborn infant.
C. The State Board of Health shall promulgate rules as
necessary to implement the provisions of this section.
Added by Laws 1963, c. 325, Art. 5, § 510. Amended by Laws 2010, c.
196, § 1, eff. Nov. 1, 2010.
§63-1-511. Repealed by Laws 2010, c. 196, § 2, eff. Nov. 1, 2010.
Oklahoma Statutes - Title 63. Public Health and Safety Page 218
§63-1-512. Repealed by Laws 2010, c. 196, § 2, eff. Nov. 1, 2010.
§63-1-513. Repealed by Laws 2010, c. 196, § 2, eff. Nov. 1, 2010.
§63-1-514. Repealed by Laws 2010, c. 196, § 2, eff. Nov. 1, 2010.
§63-1-515. Pregnant women - Tests for syphilis.
A. Every physician, physician assistant, or Advanced Practice
Registered Nurse attending a pregnant woman in this state during
gestation shall, in the case of each woman so attended, take or
cause to be taken a sample of blood of such woman, and shall submit
such sample to an approved laboratory for a standard serological
test for syphilis, when indicated by current guidance of the Centers
for Disease Control and Prevention.
B. Every other person permitted by law to attend upon pregnant
women in the state but not permitted by law to take blood tests
shall cause a sample of the blood of such pregnant woman to be taken
by a duly licensed physician, physician assistant, or Advanced
Practice Registered Nurse, licensed to practice in this state, and
submitted to an approved laboratory for a standard serological test
for syphilis.
C. The term “approved laboratory” shall mean a laboratory
approved for the purposes of this section by the State Commissioner
of Health. A standard serological test for syphilis shall be one
recognized as such by the Commissioner. Such laboratory tests shall
be made, on request, without charge by the State Department of
Health.
Added by Laws 1963, c. 325, art. 5, § 515, operative July 1, 1963.
Amended by Laws 2023, c. 116, § 2, eff. Nov. 1, 2023.
§63-1-515.1. Physicians attending upon pregnant females – Blood
sample.
A. Every physician or any other person permitted by law to
attend upon pregnant females in this state, at the time of delivery
and only if the pregnant female has had no prenatal care, shall:
1. Take, or cause to be taken under the order of a physician
licensed to practice in this state, a sample of blood from the
pregnant female; and
2. Submit the sample to an approved laboratory for a standard
serological test for the human immunodeficiency virus.
B. The term "approved laboratory" shall mean a laboratory
approved for the purposes of this section by the State Commissioner
of Health. A standard serological test for the human
immunodeficiency virus shall be one recognized as such by the
Commissioner. Such laboratory tests shall be made, on request,
without charge by the State Department of Health.
Oklahoma Statutes - Title 63. Public Health and Safety Page 219
Added by Laws 2011, c. 88, § 2, emerg. eff. April 20, 2011.
§63-1-516. Reports - Blood tests for syphilis.
In reporting every birth and stillbirth, physicians, and others
permitted to attend pregnancy cases and required to report births
and stillbirths, shall state on the birth certificate or stillbirth
certificate, as the case may be, whether a blood test for syphilis
has been made during such pregnancy upon a specimen of blood taken
from the woman who bore the child for which a birth or stillbirth
certificate is filed and, if made, the date when such test was made,
and, if not made, the reason why such test was not made. In no
event shall the birth certificate state the result of the test.
Laws 1963, c. 325, art. 5, § 516, operative July 1, 1963.
§63-1-516.1. Exemption.
None of the provisions of this act shall apply to any person
who, as an exercise of religious freedom, administers to or treats
the sick or suffering by spiritual means or prayer, nor to any
person who, because of religious belief, in good faith selects and
depends upon such spiritual means or prayer for the treatment or
cure of disease.
Laws 1963, c. 325, art. 5, § 516.1, operative July 1, 1963.
§63-1-517. Definitions.
For the purposes of the following sections of this article:
(a) The term "sexually transmitted infection (STI)" means
syphilis, gonorrhea, chlamydia, human immunodeficiency virus
(HIV)/acquired immune deficiency syndrome (AIDS), and any other
disease which may be transmitted from any person to any other person
through or by means of any form of sexual contact.
(b) The term "infected person" means any individual, either
sex, who may be carrying the organism or is afflicted with any STI.
(c) The term "dealer" means any person who may handle, for
sale, any medicinal remedies or supposed remedies for an STI, and
the agents, clerks and employees of any such person; and any person
who may profess or claim to treat or cure, by the use of medicine or
otherwise, any sexually transmitted infection (STI), and the agents,
clerks and employees.
(d) The term "health care provider" means an allopathic
physician, osteopathic physician, physician assistant, or Advanced
Practice Registered Nurse licensed in this state and authorized to
prescribe drugs.
Added by Laws 1963, c. 325, art. 5, § 517, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 19, eff. Nov. 1, 2011; Laws 2024, c.
352, § 2, eff. Nov. 1, 2024.
§63-1-518. Report and treatment of disease.
Oklahoma Statutes - Title 63. Public Health and Safety Page 220
It shall be unlawful for any person, being an infected person,
to refuse, fail, or neglect to report such fact to, and submit to
examination and treatment by, a health care provider.
Added by Laws 1963, c. 325, art. 5, § 518, operative July 1, 1963.
Amended by Laws 2024, c. 352, § 3, eff. Nov. 1, 2024.
§63-1-519. Repealed by Laws 2011, c. 105, § 38, eff. Nov. 1, 2011.
§63-1-520. False discharge from treatment - Penalty.
Any physician who shall, after having knowledge or information
that any person is or may be an infected person, sell, give or
furnish to such infected person, or to any other person for such
infected person, a discharge from treatment, or written instrument
or statement pronouncing such infected person cured, before such
infected person is actually cured of such sexually transmitted
infection (STI), shall be guilty of a misdemeanor. Provided,
however, that no person who is infected with an STI but who has
received treatment adequate to render the person noninfectious shall
be denied a permit to work, because of the infection, in those
categories of employment where permits to work are required by state
law or local ordinance.
Added by Laws 1963, c. 325, art. 5, § 520, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 20, eff. Nov. 1, 2011.
§63-1-521. Repealed by Laws 2024, c. 352, § 6, eff. Nov. 1, 2024.
§63-1-522. Treatment without prescription.
Except as provided in Section 1 of this act, it shall be
unlawful for any dealer to treat or offer to treat any infected
person, or to sell, furnish or give to any infected person, or to
any other person whomsoever, any medicines of any kind that may be
advertised or used for treatment of a sexually transmitted infection
(STI), before requiring such person to produce and file with such
dealer a proper prescription for such medicine, issued and signed by
a physician, which prescription shall be by the dealer kept on file
for a period of one (1) year from the date of the person receiving
the same, and subject, at all reasonable hours, to the inspection of
the State Commissioner of Health or local health officer.
Added by Laws 1963, c. 325, art. 5, § 522, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 21, eff. Nov. 1, 2011; Laws 2024, c.
352, § 4, eff. Nov. 1, 2024.
§63-1-522.1. Expedited partner therapy.
A. “Expedited partner therapy” means to prescribe, administer,
dispense, or otherwise provide antimicrobial drugs to a sexual
partner of a patient clinically diagnosed by a health care provider
as infected with a sexually transmitted infection without a physical
Oklahoma Statutes - Title 63. Public Health and Safety Page 221
examination of such sexual partner, shall not apply to any sexually
transmitted infection that could be chronic or require multiple
treatment courses.
B. 1. Subject to limitations provided by law or rule including
but not limited to laws or rules governing scope of practice,
supervision of health care providers, and delegation of health care
services, a health care provider who clinically diagnosed a patient
with a sexually transmitted infection may provide expedited partner
therapy if, in the professional judgment of the health care
provider, the patient’s sexual partner is unlikely or unable to
present for examination, testing, and treatment.
2. A health care provider who provides expedited partner
therapy shall provide counseling to the patient, including
distributing written materials developed and provided by the State
Department of Health to be given by the patient to the patient’s
sexual partner.
3. A health care provider shall use expedited partner therapy
only for a patient’s sexual partner who may have been exposed to a
sexually transmitted infection and who is able to be contacted and
identified by the patient.
C. 1. No health care provider or pharmacist shall be liable
for civil damages resulting from any act or omission in good-faith
compliance with the provisions of this section, including civil
damages for refusing to provide expedited partner therapy, other
than an act or omission constituting gross negligence or willful or
wanton misconduct.
2. No health care provider or pharmacist shall be subject to
disciplinary action by the provider’s or pharmacist’s licensing
board on the basis of an act or omission in good-faith compliance
with the provisions of this section, other than an act or omission
constituting gross negligence or willful or wanton misconduct.
D. The Department shall include the following information in
written materials developed and provided for distribution as
required by paragraph 2 of subsection B of this section:
1. A warning that a woman who is pregnant or might be pregnant
should not take certain antibiotics and should immediately contact a
health care provider for an examination;
2. Information about the antimicrobial drug and dosage provided
or prescribed, including a warning that a sexual partner who has a
history of allergy to the drug or the pharmaceutical class of drug
should not take the drug and should immediately contact a health
care provider for examination;
3. Information about the treatment and prevention of sexually
transmitted infections;
4. The requirement of sexual abstinence until a period of time
after treatment to prevent infecting other sexual partners;
Oklahoma Statutes - Title 63. Public Health and Safety Page 222
5. Notification of the importance of the sexual partners
receiving examination and testing for human immunodeficiency virus
and other sexually transmitted infections and information about
available resources;
6. Notification of the risk to the patient, the patient’s
sexual partner, and the general public if the sexually transmitted
infection is not completely and successfully treated;
7. The responsibility of the sexual partner to inform the
sexual partner’s own sexual partners of the risk of sexually
transmitted infections and the importance of prompt examination and
treatment by a health care provider; and
8. Such other information deemed necessary by the State
Commissioner of Health.
E. The State Commissioner of Health, the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners,
the Oklahoma Board of Nursing, and the State Board of Pharmacy may
promulgate rules as necessary to implement this section.
Added by Laws 2024, c. 352, § 1, eff. Nov. 1, 2024.
§63-1-523. Repealed by Laws 2023, c. 143, § 1, eff. Nov. 1, 2023.
§63-1-524. Prisoners - Examinations - Testing certain persons for
sexually transmitted infection (STI) or human immunodeficiency virus
(HIV) - Treatment - Quarantine.
A. The keeper of any prison or penal institution in this state
shall cause to be examined every person confined in such prison or
penal institution, to determine whether such person is an infected
person.
B. Any licensed physician may examine persons who are arrested
by lawful warrant for prostitution, or other sex crimes not
specified in Section 1-524.1 of this title, for the purpose of
determining if they are infected with a sexually transmitted
infection (STI) or a communicable disease including, but not limited
to, the human immunodeficiency virus (HIV). For purposes of
expediting such examination, in counties with a population of
greater than four hundred thousand (400,000), the county sheriff or
the chief of police of any municipality with a population of greater
than two hundred thousand (200,000) that is located within such
county and that has a municipal court of record shall notify the
city-county health department serving the county of any person who
has been arrested by county or city officers for prostitution. Any
such examination shall be made subsequent to arrest and if the
examination is for the human immunodeficiency virus, upon order of
the court issued at the initial appearance of the arrested person.
Every person shall submit to the examination and shall permit
specimens to be taken for laboratory examinations. Such person may
be detained until the results of the examination are known. The
Oklahoma Statutes - Title 63. Public Health and Safety Page 223
examination shall be made by a licensed physician. A determination
as to whether or not the person is infected shall not be based on
any prior examination. Any person found to be infected with a
sexually transmitted infection (STI) shall be treated by the State
Commissioner of Health or local health officer, or a physician of
such person's own choice, until such person is noninfectious or
dismissed by the Commissioner or local health officer or physician.
In the event a person infected with a sexually transmitted infection
(STI) refuses or fails to submit to treatment, then such person may
be quarantined for the purpose of treatment, and a report thereof
shall be made to the Commissioner.
C. For purposes of this section, the term "initial appearance”
shall refer to the first court appearance of an individual, in
person or by closed circuit television, before a magistrate on a
presentment, indictment or preliminary information on a felony
offense.
Added by Laws 1963, c. 325, art. 5, § 524, operative July 1, 1963.
Amended by Laws 1991, c. 200, § 5, eff. Sept. 1, 1991; Laws 1998, c.
117, § 1, eff. July 1, 1998; Laws 2002, c. 348, § 4, emerg. eff. May
30, 2002; Laws 2003, c. 346, § 1, emerg. eff. May 29, 2003; Laws
2011, c. 105, § 22, eff. Nov. 1, 2011.
§63-1-524.1. Examination of certain arrested persons for a sexually
transmitted infection (STI) including human immunodeficiency virus
(HIV) - Court order - Required provisions - Notification concerning
results to victim's designated professional - Treatment -
Responsibility for costs.
A. A licensed physician shall examine persons who are arrested
by lawful warrant for the offense of first or second degree rape,
forcible sodomy or the intentional infection or attempt to
intentionally infect a person with the human immunodeficiency virus
for the purpose of determining if the person is infected with a
sexually transmitted infection (STI), including, but not limited to,
the human immunodeficiency virus (HIV). For purposes of expediting
such examination, in counties with a population of greater than four
hundred thousand (400,000), the county sheriff or the chief of
police of any municipality with a population of greater than two
hundred thousand (200,000) that is located within such county and
that has a municipal court of record shall notify the city-county
health department serving the county of any person who has been
arrested by county or city officers for such offense. Any such
examination shall be made subsequent to arrest as provided in this
section. Every person shall submit to the examination and shall
permit specimens to be taken for laboratory examinations. Such
person may be detained until the results of the examination are
known. A determination as to whether or not the person is infected
shall not be based on any prior examination. Any person found to be
Oklahoma Statutes - Title 63. Public Health and Safety Page 224
infected with a sexually transmitted infection (STI) shall be
treated by a physician of such person's own choice, until such
person is noninfectious or dismissed by the Commissioner or local
health officer or physician. The costs of such treatment shall be
the responsibility of the person who is examined and tested and the
court shall order the person to pay such costs. In the event a
person infected with a sexually transmitted infection (STI) refuses
or fails to submit to treatment, then such person may be quarantined
for the purpose of treatment, and a report thereof shall be made to
the Commissioner.
B. The district attorney shall file a motion for a court-
ordered examination and testing of the person arrested for the
offenses specified in subsection A of this section at the time the
criminal charges are filed or the court may provide a standing order
for such examination and testing which shall issue automatically at
the time of arrest for the offenses specified in subsection A of
this section.
C. Any peace officer in this state upon the arrest of a person
within six (6) hours or less of the actual offense of first or
second degree rape, forcible sodomy or intentional infection or
attempt to intentionally infect a person with the human
immunodeficiency virus shall immediately deliver and submit the
person for a rapid test for human immunodeficiency virus (HIV)
without a court order, if a rapid test site is available. If the
rapid HIV test results are positive the physician examining the
victim of such offense shall be immediately notified and the
physician shall immediately provide the victim with preventive
treatment, if the victim can be treated within the medically
proscribed period for preventive measures.
D. The examination and testing required by this section shall
not be for evidentiary purposes and shall be expedited and conducted
solely to screen for and identify the need for the victim’s
treatment due to potential exposure to sexually transmitted
infections (STIs). A confirmation examination and test may be
conducted following any examination or test yielding a positive
result that is not conclusive of the presence of the human
immunodeficiency virus (HIV) or other sexually transmitted infection
(STI).
E. The court shall include the following provisions in its order
and shall not include the name or address of the alleged victim:
1. A list of specific examinations and tests, including, but
not limited to: blood tests for human immunodeficiency virus (HIV),
hepatitis B, hepatitis C, syphilis, gonorrhea, chlamydia, and visual
examinations for evidence of genital herpes and genital warts for
which examinations and tests are available;
2. A provision requiring the physician, clinic or hospital
which provides the examination and testing to immediately notify the
Oklahoma Statutes - Title 63. Public Health and Safety Page 225
district attorney’s office, through the Victim Witness Coordinator,
when the test and examination results have been completed;
3. A provision requiring copies of the examination report and
test results be forwarded by the physician, clinic or hospital that
conducted such examination and tests to the designated physician or
counseling site as made known to the Victim Witness Coordinator by
the victim, or if not specified by the victim then copies of the
reports and results shall be forwarded to the Victim Witness
Coordinator. Results of examinations and tests shall be forwarded
within three (3) days of completion of the examination or testing;
4. A provision that the victim be notified within three (3)
days of the receipt of the examination report and test results by
the designated physician or counseling site as designated by the
victim or the Victim Witness Coordinator, if no designation has been
made by the victim;
5. A provision directing the offender and victim to be treated
for infection as indicated in any positive examination and test
result; and
6. A provision directing the facility having custody of the
arrested person to be responsible for the costs of examination and
tests; provided, however, that the court may order reimbursement of
such costs at the time of sentencing.
F. Upon notification that the results of the examination and
tests are completed, the Victim Witness Coordinator shall instruct
the physician, clinical laboratory or hospital that completed such
results to forward copies of the results according to the victim’s
designation or, if no designation has been made, forward copies to
the Victim Witness Coordinator’s office. The Victim Witness
Coordinator shall notify the victim’s designated professional that
the results are being forwarded and instruct the victim to set a
time to receive the results in person.
G. When the examination and test results indicate infection of
any sexually transmitted infection (STI), the victim shall be
treated by the State Commissioner of Health or local health officer,
or a physician of the victim’s own choice, until noninfectious or
dismissed by the Commissioner, local health officer or physician.
H. All examinations and testing shall be performed by a
licensed physician and/or clinical laboratory or hospital. The test
forms shall include the words “Sex Crime” to expedite handling and
shall include a criminal case number, if known.
I. If the arrested person refuses to be examined and tested
upon arrest, the court shall issue an order for such examination and
test at the initial appearance of the person arrested.
J. The cost of examination and testing authorized by this
section shall be the responsibility of the facility having custody
of the person at the time of arrest. The court shall order the
defendant to reimburse such facility at the time of sentencing for
Oklahoma Statutes - Title 63. Public Health and Safety Page 226
all actual costs associated with examination and testing required by
this section. No cost of any kind shall be incurred by any victim
of such crimes for testing, obtaining the results of tests, or for
treatment required by a victim due to a positive result for a test
for a sexually transmitted infection (STI) resulting from an offense
specified in this section.
K. For purposes of this section, the term "initial appearance"
shall refer to the first court appearance of an individual, in
person or by closed circuit television, before a magistrate on a
presentment, indictment or preliminary information on a felony
offense.
Added by Laws 2003, c. 346, § 2, emerg. eff. May 29, 2003. Amended
by Laws 2011, c. 105, § 23, eff. Nov. 1, 2011.
§63-1-525. Exposure of prescriptions and records - Disclosure of
results of examinations of persons arrested for certain sex offenses
and offenses involving human immunodeficiency virus (HIV) - Testing
and counseling services - Rules and regulations.
A. 1. Except as otherwise provided by law, the prescription
and records required by Sections 1-522 and 1-523 of this title to be
filed and maintained shall not be released to or opened by any
person other than the State Commissioner of Health or local health
officer, or in the event a person has tested positive for human
immunodeficiency virus (HIV), methicillin-resistant staphylococcus
aureus (MRSA), hepatitis or any other communicable disease to the
funeral director or embalmer who will be or is preparing the body
for burial or other disposition, or when properly ordered by a court
of competent jurisdiction to be used as evidence in such court.
2. No information shall be given to any person concerning any
infected person except to persons authorized pursuant to Sections 1-
502.1 and 1-523 of this title to receive such information.
3. Records of diagnosis and treatment may be transmitted to
physicians and to health authorities in this and other states upon
written request of the person affected.
B. 1. Results of examinations conducted on persons arrested by
lawful warrant for the offense of first or second degree rape,
forcible sodomy, or intentional infection or attempted infection of
a person with the human immunodeficiency virus, shall be provided to
the alleged victim of the crime upon the request of the victim, the
parent of the victim if the victim is a minor, or upon request of
the legal guardian or custodian of the victim.
2. The name of the arrested and examined person shall not be
disclosed on the transmitted record. The State Department of Health
shall provide to the victims the positive test results.
3. The Department shall provide free testing to the alleged
victim for any sexually transmitted infection (STI) or communicable
Oklahoma Statutes - Title 63. Public Health and Safety Page 227
disease for which the arrestee tests positive, as indicated in the
transmitted record of diagnosis.
4. Such testing shall be accompanied with pretest and posttest
counseling. Such counseling shall include the provision of
information to the victim or the parent, legal guardian or custodian
of the victim concerning the STI or communicable disease indicated
in the transmitted record and the location of public and private
facilities in the vicinity offering tests and counseling for persons
who have the sexually transmitted infection (STI) or communicable
disease.
C. The State Board of Health shall promulgate rules for the
examination authorized or required by Section 1-524 of this title
and for the release of records containing results of examinations
authorized by subsections A and B of this section. The rules shall
establish procedural guidelines which respect the rights of the
person arrested for the alleged offense and the victim of the
alleged offense.
Added by Laws 1963, c. 325, art. 5, § 525, operative July 1, 1963.
Amended by Laws 1991, c. 200, § 7, eff. Sept. 1, 1991; Laws 1991, c.
307, § 6, eff. Sept. 1, 1991; Laws 2011, c. 105, § 24, eff. Nov. 1,
2011; Laws 2020, c. 9, § 4, eff. Nov. 1, 2020.
§63-1-526. Rules and regulations.
The State Board of Health shall make all rules and regulations
for the prevention and cure, and to prevent the spread, of sexually
transmitted infections (STIs), which it deems necessary for the
control of STIs.
Added by Laws 1963, c. 325, art. 5, § 526, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 25, eff. Nov. 1, 2011.
§63-1-527. Reports of a sexually transmitted infection.
A. Any physician who makes a diagnosis or treats a case of a
sexually transmitted infection (STI), and every superintendent or
manager of a hospital, dispensary or charitable or penal institution
in which there is a case of an STI, shall report such case
immediately, in writing or electronically:
1. To the director or designee of the city-county health
department, if in Oklahoma County or Tulsa County, who shall, in
turn, report such case to the State Commissioner of Health; or
2. Directly to the State Commissioner of Health, if not in
Oklahoma County or Tulsa County, in the same manner as other
communicable diseases are reported, in forms to be prescribed and
furnished by the Commissioner.
B. This act shall remain in effect until such time as the State
Department of Health has in place a disease-reporting process that
provides for a direct report from a lab or physician's office to the
local health department and is capable of connecting a lab or
Oklahoma Statutes - Title 63. Public Health and Safety Page 228
physician's office with local health department systems for timely
data delivery and start of the disease investigation process.
Added by Laws 1963, c. 325, art. 5, § 527, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 26, eff. Nov. 1, 2011; Laws 2019, c.
394, § 1, eff. Nov. 1, 2019.
§63-1-528. Sexually transmitted infection cases - Instructions -
Notification.
(a) It shall be the duty of every physician who examines or
treats a person having a sexually transmitted infection (STI) to
instruct that person in measures preventing the spread of such
disease and of the necessity for treatment until cured.
(b) If an attending physician or other person knows or has good
reason to suspect that a person having a sexually transmitted
infection (STI) is so conducting as to expose other persons to
infection, or is about to so conduct, the person shall notify the
local health officer of the name and address of the diseased person
and the essential facts in the case.
Added by Laws 1963, c. 325, art. 5, § 528, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 27, eff. Nov. 1, 2011.
§63-1-529. Investigations by health officers.
All local health officers shall use every available means to
ascertain the existence of, and to investigate all cases of,
sexually transmitted infection (STI) within their respective
jurisdictions, and to ascertain the sources of such infections; and
shall make examination of any person reported two or more times as a
suspected source of an STI.
Added by Laws 1963, c. 325, art. 5, § 529, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 28, eff. Nov. 1, 2011.
§63-1-530. Protection against spread of infection.
(a) Upon receipt of a report of a case of sexually transmitted
infection (STI), the local health officer shall institute measures,
which may include quarantine, for protection of other persons from
infection by a person infected with an STI.
(b) The State Board of Health shall adopt rules and regulations
for the quarantine of persons infected with a sexually transmitted
infection (STI), to prevent the spread of sexually transmitted
infection (STI).
(c) Boards of county commissioners and governing boards of all
incorporated towns and cities may provide suitable places for the
detention of persons who may be subject to quarantine and who should
be segregated.
Added by Laws 1963, c. 325, art. 5, § 530, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 29, eff. Nov. 1, 2011.
Oklahoma Statutes - Title 63. Public Health and Safety Page 229
§63-1-531. Certificates of freedom from infection.
It shall be unlawful for physicians, health officers, and other
persons to issue certificates of freedom from sexually transmitted
infection (STI), except as authorized by law and the rules and
regulations of the State Board of Health.
Added by Laws 1963, c. 325, art. 5, § 531, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 30, eff. Nov. 1, 2011.
§63-1-532. Publicity of information and reports.
All information and reports concerning persons infected with
sexually transmitted infections (STIs) shall be inaccessible to the
public, except insofar as publicity may attend the performance of
duties imposed by the laws of the state.
Added by Laws 1963, c. 325, art. 5, § 532, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 31, eff. Nov. 1, 2011.
§63-1-532.1. Minor's consent to examination and treatment for
sexually transmitted infections.
Any person, regardless of age, has the capacity to consent to
examination and treatment by a health care provider for any sexually
transmitted infection (STI).
Added by Laws 1971, c. 18, § 1, emerg. eff. March 16, 1971. Amended
by Laws 2011, c. 105, § 32, eff. Nov. 1, 2011; Laws 2024, c. 352, §
5, eff. Nov. 1, 2024.
§63-1-533. See the following versions:
OS 63-1-533v1 (HB 2341, Laws 2019, c. 475, § 53, effective until
Nov. 1, 2024).
OS 63-1-533v2 (SB 1464, Laws 2022, c. 161, § 1, effective
beginning Nov. 1, 2024).
§63-1-533v1. Phenylketonuria, related inborn metabolic disorders
and other genetic or biochemical disorders - Educational and newborn
screening programs.
THIS TEXT EFFECTIVE UNTIL NOV. 1, 2024. FOR TEXT EFFECTIVE
BEGINNING NOV. 1, 2024, SEE OS 63-1-533v2.
A. The State Commissioner of Health shall provide, pursuant to
the provisions of Section 1-534 of this title, as technologies and
funds become available, an intensive educational and newborn
screening program among physicians, hospitals, public health nurses,
and the public concerning phenylketonuria, related inborn metabolic
disorders, and other genetic or biochemical disorders for which:
1. Newborn screening will provide early treatment and
management opportunities that might not be available without
screening; and
2. Treatment and management will prevent intellectual
disabilities and/or reduce infant morbidity and mortality.
Oklahoma Statutes - Title 63. Public Health and Safety Page 230
B. This educational and newborn screening program shall include
information about:
1. The nature of the diseases;
2. Examinations for the detection of the diseases in infancy;
and
3. Follow-up measures to prevent the morbidity and mortality
resulting from these diseases.
C. For purposes of this section, "phenylketonuria" means an
inborn error of metabolism attributable to a deficiency of or a
defect in phenylalanine hydroxylase, the enzyme that catalyzes the
conversion of phenylalanine to tyrosine. The deficiency permits the
accumulation of phenylalanine and its metabolic products in the body
fluids. The deficiency can result in intellectual disabilities
(phenylpyruvic oligophrenia), neurologic manifestations (including
hyperkinesia, epilepsy, and microcephaly), light pigmentation, and
eczema. The disorder is transmitted as an autosomal recessive trait
and can be treated by administration of a diet low in phenylalanine.
D. The Commissioner shall promulgate any rules necessary to
effectuate the provision of this section.
Added by Laws 1965, c. 252, § 1. Amended by Laws 2002, c. 463, § 1,
eff. Nov. 1, 2002; Laws 2005, c. 452, § 1, eff. Nov. 1, 2005; Laws
2019, c. 475, § 53, eff. Nov. 1, 2019.
§63-1-533v2. Phenylketonuria, related inborn metabolic disorders
and other genetic or biochemical disorders - Educational and newborn
screening programs.
THIS TEXT EFFECTIVE BEGINNING NOV. 1, 2024. FOR TEXT EFFECTIVE
UNTIL NOV. 1, 2024, SEE OS 63-1-533v1.
A. The State Commissioner of Health shall provide, pursuant to
the provisions of Section 1-534 of this title, as technologies and
funds become available, an intensive educational and newborn
screening program among physicians, hospitals, public health nurses,
and the public concerning phenylketonuria, related inborn metabolic
disorders, and other genetic or biochemical disorders for which:
1. Newborn screening will provide early treatment and
management opportunities that might not be available without
screening; and
2. Treatment and management will prevent intellectual
disabilities and/or reduce infant morbidity and mortality.
B. This educational and newborn screening program shall include
information about:
1. The nature of the diseases;
2. Examinations for the detection of the diseases in infancy;
and
3. Follow-up measures to prevent the morbidity and mortality
resulting from these diseases.
Oklahoma Statutes - Title 63. Public Health and Safety Page 231
C. For purposes of this section, "phenylketonuria" means an
inborn error of metabolism attributable to a deficiency of or a
defect in phenylalanine hydroxylase, the enzyme that catalyzes the
conversion of phenylalanine to tyrosine. The deficiency permits the
accumulation of phenylalanine and its metabolic products in the body
fluids. The deficiency can result in intellectual disabilities
(phenylpyruvic oligophrenia), neurologic manifestations (including
hyperkinesia, epilepsy, and microcephaly), light pigmentation, and
eczema. The disorder is transmitted as an autosomal recessive trait
and can be treated by administration of a diet low in phenylalanine.
D. To the extent practicable, the list of disorders screened
for under this section shall be identical to the Recommended Uniform
Screening Panel of the United States Department of Health and Human
Services.
E. The Commissioner shall promulgate any rules necessary to
effectuate the provision of this section.
Added by Laws 1965, c. 252, § 1. Amended by Laws 2002, c. 463, § 1,
eff. Nov. 1, 2002; Laws 2005, c. 452, § 1, eff. Nov. 1, 2005; Laws
2019, c. 475, § 53, eff. Nov. 1, 2019; Laws 2022, c. 161, § 1, eff.
Nov. 1, 2024.
§63-1-534. Tests.
The State Board of Health shall make such rules and regulations
pertaining to such tests as accepted medical practice shall
indicate, and is authorized to make such testing mandatory if
sufficient evidence exists that the public has been negligent in
accepting such practice and if the Board considers it in the public
interest to do so. The State Board of Health is hereby authorized
to set up laboratory facilities and use existing facilities for the
performance of examinations and tests for the detection of these
diseases and make a reasonable charge therefor; provided, however,
that no child shall be denied such laboratory work or tests because
of the inability of its parents or guardian to pay therefor.
Provided, further, that the State Board of Health may approve other
laboratories for the performance of such tests; provided that the
provisions of this section shall not apply to any infant whose
parents object thereto on the grounds that such examination
conflicts with their religious tenets and practices.
Laws 1965, c. 252, § 2.
§63-1-534.1. State Plan for the Prevention and Treatment of AIDS -
Lead agency - Submission to Legislature - Preparation.
A. The State Department of Health shall be the lead agency for
the coordination of programs and services related to the Human
Immunodeficiency Virus (HIV).
B. On or before January 1, 1994, the State Department of Health
shall submit a State Plan for the Prevention and Treatment of
Oklahoma Statutes - Title 63. Public Health and Safety Page 232
Acquired Immune Deficiency Syndrome (AIDS) to the Governor, the
President Pro Tempore of the Oklahoma State Senate, the Speaker of
the Oklahoma House of Representatives, the chairmen of the
appropriate committees of the Senate and the House of
Representatives, and the chief executive officer and members of the
governing bodies of each agency affected by the State Plan. Copies
of the State Plan for the Prevention and Treatment of AIDS shall be
available to members of the Oklahoma Legislature and the general
public upon request.
C. The State Plan for the Prevention and Treatment of AIDS
shall be prepared jointly by the State Department of Health, the
Department of Human Services, the State Department of Education, and
the Department of Mental Health and Substance Abuse Services in
collaboration with other appropriate public and private agencies and
organizations.
Added by Laws 1993, c. 201, § 1, eff. Sept. 1, 1993. Amended by
Laws 2011, c. 105, § 33, eff. Nov. 1, 2011.
§63-1-534.2. State Plan for the Prevention and Treatment of AIDS -
Contents.
The State Plan for the Prevention and Treatment of AIDS shall
include, but not be limited to:
1. Coordinated or joint recommendations for funding,
legislation and other appropriate action for the prevention and
control of the spread of the Human Immunodeficiency Virus and AIDS,
the provision of necessary treatment and other services to persons
infected with the virus, and the protection of human and civil
rights and the health of the citizens of this state;
2. Education and information programs about the Human
Immunodeficiency Virus and AIDS which are intended for the general
public, health care professionals and other professionals, and
specialized education and information efforts, as appropriate, for
the effective prevention and control of the spread of the Human
Immunodeficiency Virus and AIDS. The programs shall include, but
not be limited to, instruction indicating that:
a. engaging in any promiscuous homosexual, bisexual or
heterosexual activity or intravenous chemical
substance use, or contact with contaminated blood
products is now known to be the primary method of
transmission of the Human Immunodeficiency Virus and
AIDS,
b. avoiding the activities specified in subparagraph a of
this paragraph is the only known method of preventing
the spread of the Human Immunodeficiency Virus and
AIDS,
c. sexual intercourse, with or without condoms, with any
person testing positive for Human Immunodeficiency
Oklahoma Statutes - Title 63. Public Health and Safety Page 233
Virus (HIV) antibodies, or any other person infected
with HIV, places an individual in a high-risk category
for contracting AIDS,
d. abstinence from sexual activity is the only certain
means of preventing the spread or contraction of the
Human Immunodeficiency Virus or AIDS through sexual
contact, and
e. the use of artificial means of birth control is not a
guaranteed method of preventing the spread of the
Human Immunodeficiency Virus or AIDS, and reliance on
such a method places a person at risk for exposure to
the disease;
3. An appropriate array of Human Immunodeficiency Virus testing
and counseling programs and services, and Human Immunodeficiency
Virus prevalence surveillance and monitoring activities, including
reporting and notification of contacts, as prudent and necessary for
the protection of the public health and safety;
4. Testing and education programs and services designed to
prevent and control the spread of the Human Immunodeficiency Virus
and AIDS among intravenous chemical substance users; and
5. Case management and other programs that ensure access to
needed health care and that reduce the cost of treatment for persons
with AIDS.
Added by Laws 1993, c. 201, § 2, eff. Sept. 1, 1993.
§63-1-539.1. Short title - Definitions.
A. This act shall be known and may be cited as the "Needlestick
Injury Prevention Act".
B. For purposes of the Needlestick Injury Prevention Act:
1. “Ambulance” means any ground, air or water vehicle approved
by the State Commissioner of Health pursuant to the Oklahoma
Emergency Response Systems Development Act and rules promulgated by
the State Board of Health pursuant thereto when used to provide
appropriate on-scene and enroute stabilization and emergency medical
care;
2. "Bloodborne pathogens" means pathogenic microorganisms that
are present in human blood and that can cause disease in humans
including, but not limited to, hepatitis B virus (HBV), hepatitis C
virus (HCV), and human immunodeficiency virus (HIV);
3. "Committee" means the Needlestick Injury Prevention
Committee;
4. “Department” means the State Department of Health;
5. "Engineered sharps injury protection" means:
a. a physical attribute built into a needle device used
for withdrawing body fluids, accessing a vein or
artery, or administering medications or other fluids,
which effectively reduces the risk of an exposure
Oklahoma Statutes - Title 63. Public Health and Safety Page 234
incident through the use of mechanisms such as barrier
creation, blunting, encapsulation, withdrawal,
retraction, or other effective mechanisms, or
b. a physical attribute built into any other type of
needle device, or into a nonneedle sharp, which
effectively reduces the risk of an exposure incident;
6. “First responder” means an individual who performs emergency
medical services on scene in accordance with the Oklahoma Emergency
Response Systems Development Act and rules of the State Board of
Health promulgated thereto;
7. “High exposure area” means an operating room, an ambulatory
surgical center, an emergency room, an intensive care unit, an
ambulance or an area or scene at which a first responder performs or
provides emergency medical services;
8. "Needleless systems" means devices that do not utilize
needles for:
a. the withdrawal of body fluids after initial venous or
arterial access is established,
b. the administration of medication or fluids, and
c. any other procedure involving the potential for an
exposure incident;
9. "Needlestick injury" means the parenteral introduction into
the body of a health care worker of blood or other potentially
infectious material by a hollow-bore needle or sharp instrument,
including, but not limited to, needles, lancets, scalpels, or
contaminated broken glass, during the performance of duties of such
worker; and
10. "Sharps" means any objects used or encountered in a health
care setting that can be reasonably anticipated to penetrate the
skin or any other part of the body, and to result in an exposure
incident, including, but not limited to, needle devices, scalpels,
lancets, broken glass, broken capillary tubes, exposed ends of
dental wires and dental knives, drills, and burs.
Added by Laws 2000, c. 297, § 1, emerg. eff. June 5, 2000.
§63-1-539.2. Needlestick Injury Prevention Committee – Appointments
– Powers and duties.
A. By August 1, 2000, each of the following agencies and
associations shall appoint a member to the Needlestick Injury
Prevention Committee:
1. The State Department of Health;
2. The State Department of Labor;
3. The Oklahoma Board of Nursing;
4. The Oklahoma State Medical Association;
5. The Oklahoma Osteopathic Association;
6. The Oklahoma Hospital Association;
7. The Oklahoma Nurses Association;
Oklahoma Statutes - Title 63. Public Health and Safety Page 235
8. The Pharmaceutical Research and Manufacturers of America;
9. The Professional Firefighters of Oklahoma Association;
10. The Oklahoma Emergency Medical Technicians Association; and
11. The Oklahoma Municipal League.
B. Upon appointment of a member, each agency and entity
specified by subsection A of this section shall submit the name,
address and telephone number of the member so appointed to the State
Commissioner of Health.
C. The State Commissioner of Health shall convene the first
meeting of the Committee on or before October 1, 2000.
D. 1. The Committee shall elect a chair and vice-chair from
among its members. The Committee shall meet as often as necessary
to develop guidelines for the use of needleless systems and
engineered sharps injury protection and to comply with the
provisions of the Needlestick Injury Prevention Act. A majority of
the members shall constitute a quorum for the transaction of
business.
2. The Committee is authorized to utilize the conference rooms
of the State Department of Health and to obtain staff assistance
from the Department as needed.
3. The members of the Committee shall be reimbursed expenses
incurred in the performance of their duties as provided in the State
Travel Reimbursement Act. Members appointed by any state agency
shall be reimbursed for any authorized expense incurred in the
performance of such members’ duties for the Committee, as provided
in the State Travel Reimbursement Act. For members who are not
state employees, the State Department of Health shall be responsible
for the processing and payment of any authorized expense incurred in
the performance of such members’ duties for the Committee, as
provided in the State Travel Reimbursement Act.
E. Before developing any guidelines for the development of
uniform rules, the Committee shall give public notice, offer
opportunity for public comment and conduct statewide public
meetings.
F. The Committee shall have the power and duty to:
1. Evaluate needleless systems and sharps with engineered
sharps injury protection in high exposure areas;
2. Compile a list of existing needleless systems and sharps
with engineered sharps injury protection to assist employers;
3. Develop guidelines for uniform administrative rules related
to the use of needleless systems and engineered sharps injury
protection in high exposure areas;
4. Develop compliance thresholds for needleless systems in high
exposure areas;
5. Assess the rate of use of needleless systems in high
exposure areas;
Oklahoma Statutes - Title 63. Public Health and Safety Page 236
6. Utilize the latest version of a directive published by the
Occupational Safety and Health Administration, United States
Department of Labor entitled “Enforcement Procedures for the
Occupational Exposure to Bloodborne Pathogens” for the reporting
mechanism for needlestick injuries in high exposure areas;
7. Prior to March 1, 2004, and annually thereafter determine
whether there is sufficient utilization of sharps prevention
technology in the state in high risk areas. If the Committee
determines that there is a sufficient use of sharps prevention
technology in the state, prior to the promulgation of rules pursuant
to Section 3 of this act, the Committee shall recommend to the rule-
making agencies that the proposed rules not be promulgated. If such
determination is made after the rules have been promulgated pursuant
to Section 3 of this act, the Committee shall recommend to the rule-
making agencies that such promulgated rules be rescinded; and
8. Evaluate and consider such other data and information
necessary to perform its duties and responsibilities pursuant to the
provisions of the Needlestick Injury Prevention Act.
G. In exercising such powers and duties the Committee shall:
1. Consider training and education requirements and increased
use of personal protective equipment in high exposure areas;
2. Consider the cost, cost benefit analysis and the
availability of a needleless system; and
3. Consider information contained in the Center for Disease
Prevention and Control's publication on universal precautions.
H. 1. On or before May 1, 2003, the Committee shall establish
guidelines for the development of uniform administrative rules by
the agencies specified in Section 3 of this act related to the use
of needleless systems and engineered sharps injury protection.
Guidelines established by the Needlestick Injury Prevention
Committee and rules promulgated by the state agencies specified in
Section 3 of this act shall in no way prohibit or otherwise limit
the use of:
a. a prefilled syringe that is approved by the federal
Food and Drug Administration; provided, however, this
exemption shall expire on June 1, 2004, and
b. prefilled syringes purchased or in stock prior to June
1, 2004.
2. Before developing such guidelines the Committee shall
provide an opportunity for public comment through a series of
statewide public hearings. The Committee shall give advance public
notice of such hearings.
3. On or before August 1, 2003, the agencies listed in Section
3 of this act shall submit copies of proposed rules to the Committee
for review.
4. On or before September 1, 2003, the Committee shall review
the proposed rules prepared by such agencies for uniformity and
Oklahoma Statutes - Title 63. Public Health and Safety Page 237
compliance with the guidelines established by the Committee. The
Committee shall forward copies of the proposed rules to the Hospital
Advisory Council for review.
5. Beginning November 1, 2003, the Hospital Advisory Council
shall forward to the Committee for review copies of any proposed
amendments to the rules promulgated pursuant to the Needlestick
Injury Prevention Act. The Committee shall consider such comments
and recommendations in making its recommendations to such agencies
for modifications to the proposed rules, as necessary to ensure
uniformity and compliance with the established guidelines.
6. On or before July 1, 2003, the Committee shall develop and
maintain a list of existing needleless systems and engineered sharps
injury protections. This list shall be available to assist
employers in complying with the requirement of the standards,
adopted in accordance with the Needlestick Injury Prevention Act.
7. Beginning March 1, 2004, the Committee shall meet not less
than annually and more often as necessary, as determined by the
chair of the Committee, for the purpose of reviewing proposed or
necessary amendments to the rules promulgated pursuant to the
Needlestick Injury Prevention Act, in order to ensure the continuing
consistency and uniformity of the rules to provide for necessary
revisions of the list.
I. Each state agency listed in Section 3 of this act shall
provide information and staff assistance as necessary to prepare the
rules, procedures, forms and lists required by the Needlestick
Injury Prevention Act.
J. The Committee shall terminate on July 1, 2006.
Added by Laws 2000, c. 297, § 2, emerg. eff. June 5, 2000.
§63-1-539.3. Uniform rules to be promulgated by certain state
agencies.
A. By March 1, 2004, each of the state agencies specified in
subsection C of this section shall have promulgated uniform
emergency rules and shall have submitted proposed permanent uniform
rules to the Governor and Legislature pursuant to the Administrative
Procedures Act for the use of needleless systems and engineered
sharps injury protection in this state. Specifically the uniform
rules shall require:
1. That each public or private health care facility or location
have a written exposure control plan for risk exposure to bloodborne
pathogens;
2. That sharps prevention technology be included as engineering
or work practice controls in high exposure areas, except in cases
where the employer or other appropriate party can demonstrate
circumstances in which the technology does not promote employee or
patient safety or interferes with a medical procedure. Those
circumstances shall be specified in the control plan, and shall
Oklahoma Statutes - Title 63. Public Health and Safety Page 238
include, but not be limited to, circumstances where the technology
is medically contraindicated or not more effective than alternative
measures used by the employer to prevent exposure incidents in high
exposure areas;
3. That the written exposure control plans include an effective
procedure for identifying and selecting existing sharps prevention
technology in high exposure areas;
4. That a written exposure control plan be updated when
necessary to reflect progress in implementing the sharps prevention
technology specified by the Committee and promulgated by rule of the
regulating agency;
5. That information concerning exposure incidents be recorded
in a sharps injury log, including, but not limited to, the type and
brand of device involved in the incident; and
6. Such other requirements deemed necessary by the Needlestick
Injury Prevention Committee.
B. The failure of any agency to promulgate rules consistent
with the provisions of the Needlestick Injury Prevention Act shall
be reported by the Committee in writing to the Speaker of the House
of Representatives and the President Pro Tempore of the Senate.
C. Each of the following agencies shall promulgate uniform
rules and procedures for the use of needleless systems and
engineered sharps injury protection in compliance with the
provisions of the Needlestick Injury Prevention Act:
1. The State Department of Health; and
2. The State Department of Labor.
D. Upon notification by the Committee that the use of sharps
prevention technology is adequate, the rule-making agency shall
rescind rules promulgated pursuant to the provisions of the
Needlestick Injury Prevention Act.
Added by Laws 2000, c. 297, § 3, emerg. eff. June 5, 2000.
§63-1-539.11. Short title — First Responders Job Protection Act.
This act shall be known and may be cited as the "First
Responders Job Protection Act".
Added by Laws 2023, c. 108, § 1, eff. Nov. 1, 2023.
§63-1-539.12. Definitions.
As used in this section:
1. "Controlled dangerous substance" means a drug, substance or
immediate precursor in Schedules I through V of the Uniform
Controlled Dangerous Substances Act or any drug, substance or
immediate precursor listed either temporarily or permanently as a
federally controlled substance;
2. "First responder" means an individual who performs emergency
medical services on scene in accordance with the Oklahoma Emergency
Oklahoma Statutes - Title 63. Public Health and Safety Page 239
Response Systems Development Act and rules of the State Board of
Health promulgated thereto;
3. "Passive exposure" means when an individual is exposed to a
controlled dangerous substance without actually ingesting or using
the substance himself or herself; and
4. "Volunteer" means a person who enters into a service or
undertaking of the person's free will without compensation or
expectation of compensation in money or other thing of value in
order to provide a service, care, assistance, advice, or other
benefit; provided, being legally entitled to receive compensation
for the service or undertaking performed shall not preclude a person
from being considered a volunteer.
Added by Laws 2023, c. 108, § 2, eff. Nov. 1, 2023.
§63-1-539.13. Verbal report of passive exposure prior to testing.
A. The first responder or volunteer first responder subject to
drug testing shall verbally report, to the first responder's agency
or private employer prior to testing, any specific known potential
passive exposure to any controlled dangerous drug that has occurred
in the previous fourteen (14) days while responding to an emergency.
B. In the event of a positive drug test, the medical review
officer shall be provided with documentation of the verbal report
and a subsequent written report provided by the responding agency in
order to rule out passive exposure.
Added by Laws 2023, c. 108, § 3, eff. Nov. 1, 2023.
§63-1-540. Information campaign on DES.
The State Commissioner of Health shall establish special
programs with regard todiethylstilbestrol, hereinafter referred to
as DES, which shall:
1. Inform the public as to the potential hazards and
afflictions which may be related to exposure to DES and the symptoms
and prevention of associated malignancies, through the establishment
of a public information campaign on DES to identify and encourage
persons exposed to the drug to seek medical care for the prevention
or treatment of any malignant condition; and
2. Include programs for DES-exposed persons in existing
comprehensive screening units.
Laws 1980, c. 73, § 1, emerg. eff. April 14, 1980.
§63-1-541. Registry of persons who took DES.
The State Commissioner of Health shall maintain a confidential
registry of women who took DES during pregnancy and their offspring
who were exposed to DES prenatally, for the purpose of follow-up
care and treatment of long-term problems associated with DES
exposure. Enrollment in the registry shall be upon a voluntary
basis.
Oklahoma Statutes - Title 63. Public Health and Safety Page 240
Laws 1980, c. 73, § 2, emerg. eff. April 14, 1980.
§63-1-542. Report of findings and recommendations.
The State Commissioner of Health shall make an annual report to
the Legislature of findings and recommendations concerning the
effectiveness, impact and benefits derived from the special programs
created herein, and any recommendations for legislative changes
deemed necessary.
Laws 1980, c. 73, § 3, emerg. eff. April 14, 1980.
§63-1-543. Short title - Screening for detection of congenital or
acquired hearing loss.
A. This act shall be known and may be cited as the “Newborn
Infant Hearing Screening Act”.
B. Every infant born in this state shall be screened for the
detection of congenital or acquired hearing loss prior to discharge
from the facility where the infant was born. A physician,
audiologist or other qualified person shall administer such
screening procedure in accordance with accepted medical practices
and in the manner prescribed by the State Board of Health. If an
infant requires emergency transfer to another facility for neonatal
care, such screening procedure shall be administered by the
receiving facility prior to discharge of the infant.
C. The State Board of Health shall promulgate rules necessary
to enact the provisions of this act. The State Commissioner of
Health shall develop procedures and guidelines for screening for the
detection of congenital or acquired hearing loss.
D. Any durable medical equipment purchased or supplied by the
State Department of Health for the purpose of being permanently or
temporarily fitted for use by a specific child shall not be deemed
or considered to be a “tangible asset” as that term is defined in
Section 110.1 of Title 74 of the Oklahoma Statutes and, once fitted
to a specific child, shall be deemed thereafter to have minimal or
no value to the Department for purposes of further disposition
pursuant to the Oklahoma Central Purchasing Act.
Added by Laws 1982, c. 141, § 1, emerg. eff. April 9, 1982. Amended
by Laws 2000, c. 204, § 1, eff. Nov. 1, 2000; Laws 2006, c. 273, §
1, emerg. eff. June 7, 2006.
§63-1-543.3. Grand funding for sickle cell disease.
A. The Secretary of Health and Human Services shall, pursuant
to the Public Health Service Act, P.L. 78-410, apply for grant
funding from the United States Department of Health and Human
Services for the purposes of:
1. Identifying health disparities related to sickle cell
disease;
Oklahoma Statutes - Title 63. Public Health and Safety Page 241
2. Assessing the utilization of therapies and strategies to
prevent complications related to sickle cell disease; and
3. Other purposes permitted by federal laws and regulations.
B. The State Board of Health shall promulgate rules to
implement the provisions of this section.
Added by Laws 2017, c. 207, § 1, eff. Nov. 1, 2017.
§63-1-544. Report of results.
The results of the screening procedures, conducted pursuant to
Section 1 of this act, shall be reported to the State Department of
Health in accordance with procedures adopted by the State Board of
Health.
Added by Laws 1982, c. 141, § 2, emerg. eff. April 9, 1982.
§63-1-545. Publication of results - Release of information.
The State Commissioner of Health shall compile and publish
annually the results of the infant screening procedures using the
information reported to the Department. The Commissioner may
authorize the release of information concerning children who are
found to have hearing impairments to the appropriate agencies and
departments so that such children may receive the necessary care and
education.
Added by Laws 1982, c. 141, § 3, emerg. eff. April 9, 1982.
§63-1-546.1. Short title – Legislative findings.
A. Sections 1 through 5 of this act shall be known and may be
cited as the "Oklahoma Prenatal Addiction Act."
B. It is the finding of the Oklahoma Legislature that the state
has a substantial interest in protecting children from the harm that
results from the abuse of drugs or alcohol by their mothers during
pregnancy, both for the sake of the child and because of the
potential cost to the state in providing medical and other care to
such children. The Legislature recognizes that the preferable and
most effective means of preventing birth defects and health problems
due to substance abuse by pregnant women is to provide readily
available and accessible prenatal care and appropriate substance
abuse treatment services, but further recognizes that in some
instances it may be necessary to use the authority of the state to
intervene for the purpose of preserving and protecting the health
and well-being of the child.
Added by Laws 2000, c. 301, § 1, emerg. eff. June 5, 2000.
§63-1-546.2. Repealed by Laws 2004, c. 92, § 5, eff. July 1, 2004.
§63-1-546.3. Repealed by Laws 2004, c. 92, § 5, eff. July 1, 2004.
Oklahoma Statutes - Title 63. Public Health and Safety Page 242
§63-1-546.4. Duties of Department of Health and Department of
Mental Health and Substance Abuse Services.
A. The Department of Mental Health and Substance Abuse Services
shall:
1. Prohibit all substance abuse treatment services administered
by or contracted for by the Department from refusing to treat
pregnant women if space and staff expertise is available;
2. Require all such programs and services to give priority to
accepting pregnant women for treatment and services if space and
staff expertise is available; and
3. Assist such programs to develop and implement treatment
modalities and services appropriate for pregnant women.
B. The Department of Mental Health and Substance Abuse Services
and the State Department of Health may implement, with available
funds, a pilot project recommended by the Joint Legislative Task
Force on Prenatal Addiction and Treatment. With the consent of the
court having jurisdiction and the district attorney, the program may
include a program similar to the program established by the Drug
Court Act.
Added by Laws 2000, c. 301, § 4, emerg. eff. June 5, 2000. Amended
by Laws 2001, c. 434, § 15, emerg. eff. June 8, 2001.
§63-1-546.5. District attorney multidisciplinary teams -
Appropriate dispositions.
A district attorney may convene a multidisciplinary team to
assist in making a determination of the appropriate disposition of a
case of a pregnant woman who is abusing or is addicted to drugs or
alcohol to the extent that the unborn child is at risk of harm. The
multidisciplinary team shall include at least one person with
training and experience in the treatment of addiction. As used in
this section, an appropriate disposition may include but shall not
be limited to filing a petition for involuntary commitment as
provided by Section 5-410 et seq. of Title 43A of the Oklahoma
Statutes to a public facility or a private facility willing to
accept the pregnant woman for treatment.
Added by Laws 2000, c. 301, § 5, emerg. eff. June 5, 2000.
§63-1-550.1. Definitions.
As used in this act:
1. "Birth defect" means any physical or chemical abnormality
present at birth;
2. "Commissioner" means the Commissioner of Health;
3. "Department" means the Oklahoma State Department of Health;
4. "ICD diagnostic code categories" means the International
Classification of Diseases which assigns numbers to each of the
congenital anomalies and poor reproductive outcomes; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 243
5. "Poor reproductive outcomes" includes but is not limited to
stillbirths and miscarriages.
Added by Laws 1987, c. 199, § 1, eff. Nov. 1, 1987. Amended by Laws
2019, c. 155, § 1, eff. Nov. 1, 2019.
§63-1-550.2. Birth defects surveillance program.
A. It is hereby found that the occurrence of a birth defect is
a tragedy for the child, the family and the community, and a matter
of vital concern to the public health. A system to obtain more
information about these conditions could result in their prevention,
treatment and management. Therefore, it is the intent of the
Oklahoma State Legislature, in enacting this section, to:
1. Obtain information on the incidence and trends of birth
defects and poor reproductive outcomes;
2. Obtain information to determine whether environmental
hazards are associated with birth defects and poor reproductive
outcomes;
3. Obtain information as to other possible causes of birth
defects and poor reproductive outcomes; and
4. Develop prevention strategies for reducing the incidence of
birth defects and poor reproductive outcomes.
B. The Commissioner of Health may establish a system for the
collection and verification of information concerning birth defects
and other poor reproductive outcomes. In establishing the system,
the Commissioner may require general acute care hospitals to
maintain a list of patients up to six (6) years of age who have been
diagnosed with birth defects incorporated within the newest version
of the ICD diagnostic code categories or such other information as
the Commissioner deems appropriate, and all women discharged with a
diagnosis of stillbirth, miscarriage or poor reproductive outcomes.
The list shall be made available to the Commissioner upon request
and shall be used solely for purposes provided in this section.
C. The Commissioner may require general acute care hospitals,
and other sources as deemed necessary, to make available to the
State Department of Health the medical records of those patients who
have been diagnosed with birth defects or poor reproductive outcomes
as required in this section.
D. The Commissioner may require general acute care hospitals,
and other sources as deemed necessary, to make electronic medical
records of those patients who have been diagnosed with birth defects
or poor reproductive outcomes, as required in this section,
available to the State Department of Health through remote computer
access, provided the hospital and/or other source has established
remote computer access capabilities.
E. The system shall be implemented statewide.
Oklahoma Statutes - Title 63. Public Health and Safety Page 244
F. The Commissioner may use the information collected pursuant
to subsection B of this section and information available from other
reporting systems and health providers to conduct studies to:
1. Investigate the causes of birth defects and poor
reproductive outcomes;
2. Determine and evaluate measures designed to prevent their
occurrences; and
3. Where possible, ensure delivery of services for children
identified with birth defects. The Department's investigation of
poor reproductive outcomes shall include geographic, time-related or
occupational associations, as well as investigations of past
exposure to potentially harmful substances.
G. All information collected and analyzed pursuant to this
section shall be confidential insofar as the identity of the
individual patient is concerned and shall be used solely for the
purpose provided in this section. Access to such information shall
be limited to the State Department of Health; provided, that the
Commissioner may provide access to those scientists who are engaged
in demographic, epidemiological or other similar studies related to
health, and who agree, in writing as nonstate employees, to be
identified and coded while maintaining confidentiality as described
herein.
H. The Department shall maintain an accurate record of all
persons who are given access to the information in the system. The
record shall include:
1. The name of the persons authorizing access;
2. The name, title and organizational affiliation of persons
given access;
3. The dates of access;
4. The specific purpose for which the information is to be
used; and
5. The results of the independent research.
I. Nothing in this section shall prohibit the publishing of
statistical compilations relating to birth defects or poor
reproductive outcomes which do not in any way identify individual
cases or individual sources of information.
J. Any person who, in violation of a written agreement to
maintain confidentiality, willfully discloses any information
provided pursuant to this section shall be denied further access to
any confidential information maintained by the Department. That
person shall also be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of Two Hundred
Dollars ($200.00) or imprisonment in the county jail for not more
than thirty (30) days, or by both such fine and imprisonment.
K. The State Board of Health is authorized to adopt, amend and
repeal rules and regulations for the purpose of carrying out the
provisions of this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 245
Added by Laws 1987, c. 199, § 2, eff. Nov. 1, 1987. Amended by Laws
1992, c. 123, § 1, emerg. eff. April 23, 1992; Laws 2019, c. 155, §
2, eff. Nov. 1, 2019.
§63-1-550.3. Record of Infants Born Exposed to Alcohol and Other
Harmful Substances.
A. The Department of Human Services shall establish and
maintain an up-to-date Record of Infants Born Exposed to Alcohol and
Other Harmful Substances. Such record shall include data necessary
for surveys and scientific research, and other data which is
necessary and proper to further the recognition, prevention and
treatment of infants born addicted to or prenatally exposed to
harmful substances and shall be based upon information collected by
the Department as a result of investigations made pursuant to
Section 7103 of Title 10 of the Oklahoma Statutes. For purposes of
this section, "harmful substances" means an intoxicating liquor or a
controlled dangerous substance.
B. The Record of Infants Born Exposed to Alcohol and Other
Harmful Substances shall include, but not be limited to, the
following information:
1. The classification of the birth hospital, whether it is
public or private;
2. Results of the toxicology report on an infant and its mother
and, if positive, the type of drug or drugs involved;
3. The date of birth, birth weight, gestational age and race of
the infant;
4. The county of residence;
5. The date and county of report;
6. Demographic information on the mother including, but not
limited to, age, race, education level, marital status, income
level, whether prenatal care was received and the type of prenatal
care received, whether it was private, public health clinic or
hospital clinic;
7. Type of treatment, whether the mother was referred for
inpatient or outpatient; and
8. Whether the child was recommended for removal from custody
of the parent.
C. Nothing in this section shall be construed to compel any
infant or mother reported pursuant to the provisions of this act to
submit to any medical examination, treatment or supervision of any
kind.
D. The Commission for Human Services shall promulgate rules to
carry out the provisions of this section and the Department of Human
Services shall adopt agency policy directing employees of the Child
Welfare Division within the Department of Human Services to collect
and compile any and all data and information gathered from
Oklahoma Statutes - Title 63. Public Health and Safety Page 246
investigations made pursuant to Section 7103 of Title 10 of the
Oklahoma Statutes necessary for the purposes of this section.
E. The Department of Human Services shall compile and evaluate
information received from the reports required pursuant to this
section into a report to be distributed on or before January 1 of
each year to the Governor, the President Pro Tempore of the Senate,
the Speaker of the House of Representatives and such other persons
as the Department deems advisable or necessary.
Added by Laws 1994, c. 327, § 4, eff. Sept. 1, 1994. Amended by
Laws 1998, c. 22, § 1, emerg. eff. April 1, 1998.
§63-1-550.4. Short title – Fayelen's Law.
This section shall be known and may be cited as "Fayelen's Law".
Added by Laws 2013, c. 60, § 1, eff. July 1, 2013.
§63-1-550.5. Birthing facility – Pulse oximetry screening.
A. As used in this section, "birthing facility" means an
inpatient or ambulatory health care facility licensed by the State
Department of Health that provides birthing and newborn care
services.
B. The State Department of Health shall require each birthing
facility to perform a pulse oximetry screening on every newborn in
its care prior to discharge from the birthing facility.
C. The State Board of Health shall promulgate rules necessary
to carry out the purposes of this act.
Added by Laws 2013, c. 60, § 2, eff. July 1, 2013.
§63-1-551.1. Tumor registry.
A. The State Commissioner of Health shall establish and
maintain an up-to-date tumor registry to ensure an accurate and
continuing source of data concerning cancerous, precancerous and
tumorous diseases. Such registry may include data necessary for
epidemiological surveys and scientific research, and other data
which is necessary and proper to further the recognition,
prevention, control, treatment and cure of cancer, precancerous and
tumorous diseases.
B. The Commissioner shall require any hospital, clinic,
laboratory, pathologist, physician or dentist, or any facility which
provides diagnostic or treatment services for cancerous diseases and
precancerous conditions, to report any or all data and information
necessary for the purposes of this section which may include the
following:
1. Patient name, address, age, race, sex, Social Security
number and hospital identifier or other identifier;
2. Patient's residential, family, environmental, occupational
and medical histories; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 247
3. Physician's name, diagnosis, stage of the disease, method of
treatment and the name and address of any facility providing
treatment.
C. The provisions of subsection B of this section shall not
apply to ambulatory surgical centers, as defined by Section 2657 of
this title:
1. Upon submission of a signed affidavit that the ambulatory
surgical center utilizes a sole source pathology laboratory to
report any or all data and information necessary for the purposes of
this section; or
2. That are not certified by the Centers for Medicare and
Medicaid Services.
D. The Commissioner shall protect the identity of the patient
and physician involved in any report required by this section, and
may not release their identity without written consent, except that:
1. The Commissioner may grant any person involved in a
legitimate research activity access to confidential information
obtained by the Department concerning individual patients if:
a. the research activity is determined to be in the
interest of the public health and welfare,
b. the person conducting the research provides written
information about the purpose of the research project,
the nature of the data to be collected and how the
researcher intends to analyze it, the records the
researcher wishes to review, and the safeguards the
researcher will take to protect the identity of the
patients whose records the researcher will be
reviewing,
c. the proposed safeguards are adequate to protect the
identity of each patient whose records will be
reviewed, and
d. an agreement is executed between the Commissioner and
the researcher that specifies the researcher's use of
the records and that prohibits the publication or
release of the names of individual cancer patients or
any facts tending to lead to the identification of
individual cancer patients;
2. Researchers may, with the approval of the Commissioner, use
the names of individual patients when requesting additional
information for research purposes or soliciting an individual
patient's participation in a research project. However, if a
researcher requests additional information or an individual
patient's participation in a research project, the researcher must
first obtain the written consent of the patient's attending
physician. If the consent of the patient's attending physician is
obtained, the researcher must then obtain the individual cancer
Oklahoma Statutes - Title 63. Public Health and Safety Page 248
patient's written consent by having the patient complete a release
of confidential medical information form;
3. Data on patients may be shared with other registries,
private or governmental, within or without the state, provided that
a reciprocal data-sharing agreement, approved by the Commissioner,
is implemented with that registry. Such agreements must include
patient identification confidentiality requirements; and
4. Provided further, that any confidential information released
by the Commissioner under this section shall be deemed to be a
confidential communication within the meaning of the physician-
patient and the psychotherapist-patient privilege.
E. Nothing in this section shall be construed to compel any
individual to submit to any medical examination, treatment or
supervision of any kind; nor shall anyone providing information in
accordance with this section be deemed to be, or held liable for,
divulging confidential information. An individual shall have the
right to deny registration on religious grounds.
F. The Commissioner may promulgate rules to carry out the
provisions of this section.
G. Any person who, in violation of a written agreement to
maintain confidentiality, willfully discloses any information
provided pursuant to this section shall be denied further access to
any confidential information maintained by the Department. That
person shall also be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of Two Hundred
Dollars ($200.00) or imprisonment in the county jail for not more
than thirty (30) days, or by both such fine and imprisonment.
Added by Laws 1987, c. 197, § 1, eff. Nov. 1, 1987. Amended by Laws
2013, c. 235, § 1, eff. Nov. 1, 2013; Laws 2014, c. 235, § 1, eff.
Nov. 1, 2014; Laws 2018, c. 99, § 1, eff. Nov. 1, 2018; Laws 2021,
c. 279, § 1, eff. Nov. 1, 2021.
§63-1-552. Investigations and other actions - Compilation and
evaluation of information.
A. The State Department of Health shall make such
investigations concerning birth defects and cancer, the prevention
and treatment of said diseases or impairments and the mortality
resulting from them, and take such action to assist in reducing said
mortality as it deems necessary and appropriate.
B. The State Department of Health shall compile and evaluate
information received from the reports required pursuant to Sections
1 and 2 of this act and subsection A of this section in a report to
be distributed on or before January 1 of each year to the Governor,
the Speaker of the House of Representatives, the President Pro
Tempore of the Senate and to such other person as the Commissioner
deems advisable or necessary. Copies of such report shall also be
Oklahoma Statutes - Title 63. Public Health and Safety Page 249
made available to the federal government, and to members of the
public upon written request.
Added by Laws 1985, c. 60, § 3, eff. Nov. 1, 1985.
§63-1-553. Bone marrow donation program.
A. If funds are available, the Oklahoma Medical Center shall
design and implement a statewide general public education program
concerning:
1. The need for bone marrow donors;
2. The procedures required to become registered as a potential
bone marrow donor, including procedures for determining the tissue
type of a person; and
3. The medical procedures a donor must undergo to donate bone
marrow or other sources of blood stem cells.
B. If funds are available, the Oklahoma Medical Center shall
make special efforts to educate and recruit citizens of this state
with a special emphasis on minority populations to volunteer as
potential bone marrow donors. Means of communication may include,
but not be limited to, use of newspapers, radio and television, and
placement of educational materials in appropriate health care
facilities, blood banks and agencies of the state and political
subdivisions of the state. If funds are available, educational
materials shall be provided by the Oklahoma Medical Center to all
places where driver's licenses and licenses for identification only
are issued or renewed.
Added by Laws 1992, c. 213, § 1, eff. Sept. 1, 1992.
§63-1-553.1. Mammography reports – Breast density classification.
A. All health care facilities that perform mammography
examinations shall include in the summary of the mammography report,
required by federal law to be provided to a patient, information
that identifies the patient's individual breast density
classification as dense or not dense. If the patient elects to
receive the summary of the mammography report by electronic mail and
provides an electronic mail address, the summary shall be sent by
electronic mail. If the facility determines that a patient has
heterogeneously or extremely dense breast tissue, the summary of the
mammography report shall include the following notice:
"Breast tissue can be either dense or not dense. Dense tissue
makes it harder to find breast cancer on a mammogram and also raises
the risk of developing breast cancer. Your breast tissue is dense.
In some people with dense tissue, other imaging tests in addition to
a mammogram may help find cancers. Talk to your health care
provider about breast density, risks for breast cancer, and your
individual situation."
B. Patients who receive diagnostic or screening mammograms may
be directed to informative material about breast density. This
Oklahoma Statutes - Title 63. Public Health and Safety Page 250
informative material may include the American College of Radiology's
most current brochure on the subject of breast density available on
the American College of Radiology's website. Patients and health
care providers can be further informed by material from the American
Cancer Society or Mammography Saves Lives organizations.
C. Nothing in this section shall be deemed to create a duty of
care or other legal obligation beyond the duty to provide notice as
set forth in subsection A of this section. Nothing in this section
shall be deemed to require a notice that is inconsistent with the
provisions of the federal Mammography Quality Standards Act or any
regulations promulgated pursuant thereto.
Added by Laws 2016, c. 131, § 1, eff. Nov. 1, 2016. Amended by Laws
2019, c. 319, § 2, eff. Nov. 1, 2019; Laws 2024, c. 72, § 1, eff.
Nov. 1, 2024.
§63-1-554. Oklahoma Breast and Cervical Cancer Act.
Sections 1-554 through 1-558 of this title shall be known and
may be cited as the “Oklahoma Breast and Cervical Cancer Act”.
Added by Laws 1994, c. 288, § 2, eff. July 1, 1994. Renumbered from
§ 3315 of this title by Laws 1996, c. 143, § 4, emerg. eff. May 7,
1996. Amended by Laws 1998, c. 210, § 2, eff. July 1, 1998.
Renumbered from § 5060.9a-1 of Title 74 by Laws 1998, c. 210, § 9,
eff. July 1, 1998. Amended by Laws 2004, c. 219, § 1, emerg. eff.
May 4, 2004.
§63-1-555. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013.
§63-1-556. Contract review and recommendation.
A. The State Department of Health, giving consideration to the
recommendations of the Advancement of Wellness Advisory Council
created in Section 1-103a.1 of this title, shall be responsible for
evaluating and reporting to the Governor and the State Commissioner
of Health regarding contracting for statewide services or issues
related to breast cancer including, but not limited to:
1. Mammography and pap smear screening of women for breast and
cervical cancer as an early detection health care measure provided
by facilities which are accredited by national organizations that
have formed coalitions to issue national cancer screening
guidelines;
2. Medical referral of screened persons with abnormal breast
findings and, to the extent practical, for additional services or
assistance for such persons;
3. Education and training programs for health care
professionals to improve methods for the detection and control of
breast and cervical cancer, and to improve communication with breast
and cervical cancer patients after diagnosis;
Oklahoma Statutes - Title 63. Public Health and Safety Page 251
4. Annual public education and awareness campaigns to improve
the knowledge and health care practices of all Oklahomans with
respect to breast and cervical cancer;
5. Epidemiological trend studies utilizing the data from the
Oklahoma Central Cancer Registry for incidence, prevalence and
survival of breast and cervical cancer victims; and
6. Outreach to groups with high proportions of uninsured and
underinsured women.
B. The evaluative efforts of the Advisory Committee with
respect to contracts for services specified in subsection A of this
section shall provide appropriate oversight and requirements that
result in:
1. Enhanced quality control standards within facilities which
perform diagnostic cancer screening for breast and cervical cancer;
and
2. Establishment of a fee schedule for breast and cervical
cancer screening and diagnosis that complies with accepted
Medicare/Medicaid rates and that incorporates a sliding fee payment
system to encourage self-responsibility.
C. The State Department of Health, giving consideration to the
recommendations of the Advancement of Wellness Advisory Council
created in Section 1-103a.1 of this title, shall report to the
Governor, the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, and the State Commissioner of Health by
October 1 of every fifth year, beginning on October 1, 2021,
activities completed pursuant to the Oklahoma Breast and Cervical
Cancer Act during the prior five (5) fiscal years including a report
of the revolving funds expended on related activities. The report
may identify populations at highest risk for breast or cervical
cancer, priority strategies, and emerging technologies including
newly introduced therapies and preventive vaccines that are
effective in preventing and controlling the risk of breast and
cervical cancer, and any recommendations for additional funding, if
necessary, to provide screenings and treatment for breast and
cervical cancer for uninsured and underinsured women. The report
may further recommend strategies or actions to reduce the costs of
breast and cervical cancer in this state.
D. The Advancement of Wellness Advisory Council shall evaluate
the prospective termination or continuation of its ongoing duties on
October 1, 2008. Such evaluation shall be made based on the
successful implementation of breast and cervical cancer reduction
plans and/or achievement of significant reductions in breast and
cervical cancer morbidity and mortality in this state.
Added by Laws 1994, c. 288, § 4, eff. July 1, 1994. Amended by Laws
1996, c. 143, § 1, emerg. eff. May 7, 1996; Laws 1998, c. 210, § 4,
eff. July 1, 1998. Renumbered from § 5060.9c of Title 74 by Laws
1998, c. 210, § 9, eff. July 1, 1998. Amended by Laws 2001, c. 411,
Oklahoma Statutes - Title 63. Public Health and Safety Page 252
§ 2, eff. Nov. 1, 2001; Laws 2004, c. 219, § 3, emerg. eff. May 4,
2004; Laws 2013, c. 229, § 55, eff. Nov. 1, 2013; Laws 2021, c. 48,
§ 1, eff. Oct. 1, 2021.
§63-1-557. Breast and Cervical Cancer Act Revolving Fund.
A. 1. There is hereby created in the State Treasury a
revolving fund for the State Department of Health to be designated
the "Breast and Cervical Cancer Act Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the fund and gifts or
donations to the fund.
2. All monies donated or accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the State
Department of Health for the purposes specified in and associated
with implementation of the Oklahoma Breast and Cervical Cancer Act.
3. Monies from the fund may be transferred to the Breast and
Cervical Cancer Prevention and Treatment Account and shall be used
to carry out the purposes specified in Section 1-556 of this title.
4. 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.
B. Monies in the Breast and Cervical Cancer Act Revolving Fund
may be expended by the State Department of Health for promotional
activities to encourage donations to the Breast and Cervical Cancer
Act Revolving Fund by individuals and private businesses or
foundations.
Added by Laws 1998, c. 210, § 5, eff. July 1, 1998. Amended by Laws
2001, c. 411, § 3, eff. Nov. 1, 2001; Laws 2004, c. 219, § 4, emerg.
eff. May 4, 2004; Laws 2012, c. 304, § 480; Laws 2013, c. 229, § 56,
eff. Nov. 1, 2013.
§63-1-558. State income tax return check-off.
A. The Oklahoma Tax Commission shall include on each state
individual income tax return form for tax years beginning after
January 1, 2004, and each state corporate tax return form for tax
years beginning after January 1, 2004, an opportunity for the
taxpayer to donate from a tax refund for the benefit of the Oklahoma
Breast and Cervical Cancer Act.
B. The monies generated from donations made pursuant to
subsection A of this section shall be used by the State Department
of Health for the purposes specified in the Oklahoma Breast and
Cervical Cancer Act.
C. All monies generated pursuant to subsection A of this
section shall be paid to the State Treasurer and placed to the
credit of the Breast and Cervical Cancer Act Revolving Fund.
Oklahoma Statutes - Title 63. Public Health and Safety Page 253
Added by Laws 1995, c. 245, § 2, eff. Nov. 1, 1995. Amended by Laws
1998, c. 210, § 6, eff. July 1, 1998. Renumbered from § 5060.9e of
Title 74 by Laws 1998, c. 210, § 9, eff. July 1, 1998. Amended by
Laws 2001, c. 358, § 26, eff. July 1, 2001; Laws 2004, c. 219, § 5,
emerg. eff. May 4, 2004.
§63-1-559. Belle Maxine Hilliard Breast and Cervical Cancer
Treatment Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Health Care Authority to be designated the
"Belle Maxine Hilliard Breast and Cervical Cancer Treatment
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 Health Care Authority from appropriations, gifts or
donations.
B. All monies accruing to the credit of such fund are hereby
appropriated and may be budgeted and expended by the Oklahoma Health
Care Authority for the purpose specified and associated with the
Oklahoma Breast Cancer Act.
C. 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 2004, c. 297, § 1, eff. Nov. 1, 2004. Amended by Laws
2012, c. 304, § 481.
§63-1-559.1. Repealed by Laws 2017, c. 47, § 1, eff. Nov. 1, 2017.
§63-1-559.2a. Quality Afterschool Opportunities Act to Reduce
Childhood Obesity and Improve Academic Performance.
This act shall be known and may be cited as the “Quality
Afterschool Opportunities Act to Reduce Childhood Obesity and
Improve Academic Performance”.
Added by Laws 2008, c. 133, § 1, eff. Nov. 1, 2008.
§63-1-559.2b. Legislative findings.
A. The Legislature recognizes that:
1. Childhood obesity poses a major risk to the health and
future of Oklahoma’s children, and this challenge must be addressed
through a comprehensive approach that includes parents, schools,
child care providers, community- and faith-based organizations,
health care professionals, civic leaders and many others; and
2. Evidence-based nutrition education and increased physical
activity are well-established means of addressing the problem, but
not all Oklahoma families are able to take advantage of
opportunities to provide these benefits for their children.
Oklahoma Statutes - Title 63. Public Health and Safety Page 254
B. It is the intent of the State Legislature that support shall
be provided to established afterschool programs to fully integrate
evidence-based obesity prevention and reduction curriculum that
includes structured opportunities for increasing physical activity
and promoting healthy eating and nutrition habits.
C. A successful Quality Afterschool Opportunities Initiative
will require the resources, expertise and collaboration of a variety
of state agencies, including the State Department of Health, the
State Department of Education and the Department of Human Services,
with advice and guidance from a statewide nonprofit afterschool
network.
Added by Laws 2008, c. 133, § 2, eff. Nov. 1, 2008.
§63-1-559.2c. Obesity reduction programs - Department duties -
Rules.
A. In order to combat the increasing rate of childhood obesity
in the state, the State Department of Health shall create the
Quality Afterschool Opportunities Initiative to Reduce Childhood
Obesity and Improve Academic Performance. This initiative shall
establish and maintain a program to award grants, should funds
become available, to comprehensive, community-based afterschool
programs that include evidence-based obesity reduction components.
B. The Department shall, at a minimum:
1. Develop an application process;
2. Determine minimum eligibility requirements for applicants;
3. Develop procedures and criteria for awarding grants; and
4. Determine the minimum and maximum amounts to be awarded.
C. The State Board of Health shall promulgate rules as
necessary to implement the provisions of this act.
Added by Laws 2008, c. 133, § 3, eff. Nov. 1, 2008.
§63-1-560.1. Repealed by Laws 2017, c. 47, § 1, eff. Nov. 1, 2017.
§63-1-561. Short title.
This act shall be known and may be cited as the “Genetic
Counseling Licensure Act”.
Added by Laws 2006, c. 174, § 1, eff. Nov. 1, 2006.
§63-1-562. Definitions.
As used in the Genetic Counseling Licensure Act:
1. “ABGC” means the American Board of Genetic Counseling;
2. “ABMG” means the American Board of Medical Genetics;
3. “General supervision” means the process of a supervisor,
whether licensed as a genetic counselor or a physician, having
overall responsibility to assess the work of a supervisee, including
regular meetings and chart reviews. An annual supervision contract
Oklahoma Statutes - Title 63. Public Health and Safety Page 255
signed by the supervisor and supervisee shall be on file with both
parties; and
4. “Genetic counseling” means a communication process,
conducted by one or more appropriately trained individuals, that
includes:
a. estimating the likelihood of occurrence or recurrence
of a birth defect or of any potentially inherited or
genetically influenced condition. Such assessment may
involve:
(1) obtaining and analyzing a complete health history
of an individual and the individual’s family,
(2) review of pertinent medical records,
(3) evaluation of the risks from exposure to possible
mutagens or teratogens, or
(4) discussion of genetic testing or other valuations
to diagnose a condition or determine the carrier
status of one or more family members,
b. helping an individual, the individual’s family, a
health care provider, or the public to:
(1) appreciate the medical, psychological and social
implications of a disorder including its
features, variability, usual course, and
management options,
(2) learn how genetic factors contribute to the
disorder and affect the chance for recurrence of
the condition in other family members,
(3) understand available options for coping with,
preventing or reducing the chance of occurrence
or recurrence of a condition,
(4) select the most appropriate, accurate and cost-
effective methods of diagnosis, or
(5) understand genetic or prenatal tests, coordinate
testing for inherited disorders, and interpret
genetic test results, and
c. facilitating an individual’s or family’s:
(1) exploration of the perception of risk and burden
associated with a disorder,
(2) decision-making regarding testing or medical
interventions consistent with the individual’s or
family’s beliefs, goals, needs, resources,
culture and ethical or moral views, or
(3) adjustment and adaptation to the condition or the
individual’s or family’s genetic risk by
addressing needs for psychological, social and
medical support.
Added by Laws 2006, c. 174, § 2, eff. Nov. 1, 2006.
Oklahoma Statutes - Title 63. Public Health and Safety Page 256
§63-1-563. Genetic counselors - License required.
A. Except as provided in subsection C of this section, any
person engaging in the practice of genetic counseling shall obtain a
license to do so as hereinafter provided. A license to practice
genetic counseling shall be issued to any person who qualifies
pursuant to the provisions of this act.
B. Any person who does not have a valid license or temporary
license as a genetic counselor shall not use in connection with his
or her name or place of business the title “genetic counselor”,
“licensed genetic counselor”, “gene counselor”, “genetic
consultant”, “genetic associate”, or any words, letters,
abbreviations or insignia indicating or implying that a person has
met the qualifications for or has the license issued pursuant to the
provisions of this act.
C. The provisions of this section shall not apply to a person
engaging in the practice of genetic counseling prior to the
effective date of this act.
Added by Laws 2006, c. 174, § 3, eff. Nov. 1, 2006.
§63-1-564. Requirements for licensure - Issuance of temporary
license.
A. An applicant for licensure as a genetic counselor shall:
1. Submit an application on forms provided by the State
Department of Health;
2. Pay a fee, not to exceed Three Hundred Dollars ($300.00), as
determined by the State Board of Health;
3. Provide satisfactory evidence of having earned:
a. a master's degree from a genetic counseling training
program that is accredited by the American Board of
Genetic Counseling or an equivalent entity as
determined by the ABGC, or
b. a doctoral degree from a medical genetics training
program accredited by the American Board of Medical
Genetics or an equivalent as determined by the ABMG;
and
4. Meet the examination requirement for certification as:
a. a genetic counselor by the ABGC or the ABMG, or
b. a medical geneticist by the ABMG.
B. A temporary license may be issued to an applicant who meets
all of the requirements for licensure except the examination
provided for in paragraph 4 of subsection A of this section.
Added by Laws 2006, c. 174, § 4, eff. Nov. 1, 2006. Amended by Laws
2013, c. 229, § 58, eff. Nov. 1, 2013.
§63-1-565. Requirements for temporary licensure - Term of license.
The requirements for temporary licensure shall provide that:
Oklahoma Statutes - Title 63. Public Health and Safety Page 257
1. An applicant shall meet all of the qualifications for
licensure as established in the Genetic Counseling Licensure Act
with the exception of certification by the American Board of Medical
Genetics or the American Board of Genetic Counseling, and have
active candidate status conferred by the ABMG or ABGC;
2. An individual practicing under the authority of a temporary
license must practice under the general supervision of a licensed
genetic counselor, or a physician licensed to practice in this
state, with current ABMG certification in clinical genetics;
3. A temporary licensee shall apply for and take the next
available examination. If an applicant fails the first sitting of
the ABGC or ABMG certification examination, the applicant may
reapply for a second temporary license;
4. A temporary license shall not be issued to an applicant who
has failed the ABGC or ABMG certification examination more than
once; and
5. A temporary license shall expire upon the earliest of the
following:
a. issuance of full licensure,
b. thirty (30) days after failing the certification
examination, or
c. the date printed on the temporary license.
Added by Laws 2006, c. 174, § 5, eff. Nov. 1, 2006.
§63-1-566. Exceptions to licensure requirement.
The following persons may engage in the practice of genetic
counseling, subject to the stated circumstances and limitations,
without being licensed under the provisions of this act:
1. Professionals licensed, certified or registered in this
state other than as a genetic counselor who engage in the competent
practice of that occupation or profession without additional
licensure under this title. The individual may not use the title
“genetic counselor” or any other title tending to indicate that the
individual is a genetic counselor unless licensed as such in this
state; provided, however, this provision shall not apply to
physicians licensed in this state who have appropriate training in
medical genetics;
2. A student or intern from a recognized school, engaged in
activities constituting the practice of a regulated occupation or
profession; provided, however, such activities shall be a defined
part of a supervised training program;
3. An individual trained as a genetic counselor, who is
reapplying for the American Board of Genetic Counseling
certification examination and gathering logbook cases under
supervision in an approved genetic counseling training site;
4. An individual trained as a Ph.D. medical geneticist, who is
reapplying for the American Board of Medical Genetics certification
Oklahoma Statutes - Title 63. Public Health and Safety Page 258
examination and is gathering logbook cases under a supervisor
identified in the training program’s ABMG accreditation documents as
a member of the training faculty; and
5. A consultant, including activities and services of visiting
ABGC- or ABMG-certified genetic counselors from outside this state,
or the use of occasional services of organizations from outside the
state employing ABGC- or ABMG-certified genetic counselors.
Added by Laws 2006, c. 174, § 6, eff. Nov. 1, 2006.
§63-1-567. Continuing education requirements.
A. The State Board of Health, giving consideration to the
recommendations of the Infant and Children's Health Advisory Council
created in Section 44 of this act, shall establish continuing
education requirements for genetic counselors as a condition of
renewal or reinstatement of a license.
B. A licensee shall be responsible for maintaining competent
records of completed qualified professional education for a period
of four (4) years after close of the two-year period to which the
records pertain. It shall be the responsibility of the licensee to
maintain such information with respect to qualified professional
education to demonstrate that it meets the requirements under this
section.
C. A licensee who documents that he or she is subjected to
circumstances which prevent the licensee from meeting the continuing
professional education requirements established under this section
may apply to be excused from the requirement for a period of up to
five (5) years. It shall be the responsibility of the licensee to
document the reasons and justify why the requirement could not be
met.
Added by Laws 2006, c. 174, § 7, eff. Nov. 1, 2006. Amended by Laws
2013, c. 229, § 59, eff. Nov. 1, 2013.
§63-1-568. Licensure, accreditation, certification not contingent
upon acceptance of abortion as treatment option.
A. Nothing in the Genetic Counseling Licensure Act may be
construed to require any genetic counselor or other person to
mention, discuss, suggest, propose, recommend, or refer for,
abortion, or to agree or indicate a willingness to do so, nor shall
licensing of any genetic counselor be contingent upon acceptance of
abortion as a treatment option for any genetic or other prenatal
disease, anomaly, or disability.
B. If the State Board of Health determines that accreditation
of genetic counseling training programs by the American Board of
Genetic Counseling or of medical genetics training programs by the
American Board of Medical Genetics is dependent on criteria, or
applied in a manner, incompatible with the provisions of subsection
A of this section, it shall establish or recognize and apply
Oklahoma Statutes - Title 63. Public Health and Safety Page 259
criteria for accreditation of alternative genetic counseling
training programs or medical genetics training programs compatible
with the provisions of subsection A of this section and any genetic
counseling training programs or medical genetics training programs
accredited thereunder shall be deemed accredited for the purposes of
paragraph 3 of subsection A of Section 4 of this act.
C. If the State Board of Health determines that the examination
required for certification as a genetic counselor by the American
Board of Genetic Counseling or the American Board of Medical
Genetics or as a medical geneticist by the American Board of Medical
Genetics is incompatible with the provisions of subsection A of this
section, it shall establish or recognize an alternative examination
compatible with the provisions of that subsection and an individual
who passes such an examination shall be deemed to meet the relevant
requirements of paragraph 4 of subsection A of Section 4 of this
act.
D. The State Board of Health shall by rule waive such other
provisions of the Genetic Counseling Licensure Act and provide for
appropriate substitute requirements as it determines necessary to
ensure compliance with subsection A of this section.
E. There shall be no cause of action against any person for
failure to mention, discuss, suggest, propose, recommend, or refer
for, abortion, unless the abortion is necessary to prevent the death
of the mother.
F. This section shall not be severable from the Genetic
Counseling Licensure Act.
Added by Laws 2006, c. 174, § 8, eff. Nov. 1, 2006.
§63-1-569. Licensure requirements - Rules.
The State Board of Health shall promulgate rules, giving
consideration to the recommendations of the Infant and Children's
Health Advisory Council created in Section 44 of this act,
establishing licensure requirements for genetic counselors. Such
rules shall include, but not be limited to:
1. Policy and budgetary matters related to licensure;
2. Applicant screening, licensing, renewal licensing, license
reinstatement and relicensure;
3. Standards for supervision of students or persons training to
become qualified to obtain a license in genetic counseling;
4. Requirements for maintaining and renewal of a license; and
5. Procedures for reviewing cases of individuals found to be in
violation of the provisions of the Genetic Counseling Licensure Act,
including disciplinary actions when necessary.
Added by Laws 2006, c. 174, § 9, eff. Nov. 1, 2006. Amended by Laws
2013, c. 229, § 60, eff. Nov. 1, 2013.
§63-1-570. Genetic Counseling Licensure Revolving Fund.
Oklahoma Statutes - Title 63. Public Health and Safety Page 260
A. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
"Genetic Counseling Licensure Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies that may be directed thereto by the State
Board of Health, and all other monies including gifts, grants and
other funds that may be directed thereto. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Board for the purpose of licensure of genetic
counselors and for other purposes specifically authorized by this
act. 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.
B. The fund shall be administered by the State Department of
Health.
C. Monies from the fund shall not be used to engage in any
political activities or lobbying including, but not limited to,
support of or opposition to candidates, ballot initiatives,
referenda or other similar activities.
Added by Laws 2006, c. 174, § 10, eff. Nov. 1, 2006. Amended by
Laws 2012, c. 304, § 482.
§63-1-575. Short title - Courtney's Law – Information for
chromosomal disorders.
A. This section shall be known and may be cited as "Courtney's
Law".
B. For purposes of this section, "chromosomal disorder" means:
1. Trisomy 13, otherwise known as Patau syndrome;
2. Trisomy 18, otherwise known as Edwards syndrome; or
3. Trisomy 21, otherwise known as Down syndrome.
C. Any health care facility, health care provider, or genetic
counselor who renders prenatal care, postnatal care, or genetic
counseling, upon receipt of a positive test result from a test for a
chromosomal disorder, shall provide the expectant or new parent with
information provided by the State Department of Health under
subsection D of this section if such information is made available
by the Department for the specific disorder.
D. The State Department of Health shall make available on its
Internet website the following:
1. To the extent such information is available, up-to-date,
evidence-based written information about chromosomal disorders that
has been reviewed by medical experts and national advocacy
organizations for people with intellectual and other developmental
disorders. The written information provided shall be compiled by
the Department from credible sources and shall include physical,
developmental, educational and psychosocial outcomes, life
Oklahoma Statutes - Title 63. Public Health and Safety Page 261
expectancy, clinical course, and intellectual and functional
development and treatment options; and
2. Contact information for programs and support services
including one or more hotlines specific to a chromosomal disorder,
resource centers or clearinghouses, national and local
organizations, and other education and support programs.
E. To the extent practicable, information provided under this
section shall be culturally and linguistically appropriate for women
receiving a positive prenatal diagnosis or for the family of a child
receiving a postnatal diagnosis of a chromosomal disorder.
F. The State Commissioner of Health shall promulgate rules to
implement this section.
Added by Laws 2022, c. 124, § 1, eff. Nov. 1, 2022.
§63-1-580. Short title — Barbara Weber Amyotrophic Lateral
Sclerosis (ALS) Grant Program.
This act shall be known and may be cited as the "Barbara Weber
Amyotrophic Lateral Sclerosis (ALS) Grant Program".
Added by Laws 2025, c. 144, § 1, eff. July 1, 2025.
§63-1-580.1. Creation of program — Purpose — Annual report.
There is hereby created the Barbara Weber Amyotrophic Lateral
Sclerosis (ALS) Grant Program which shall be administered by the
State Department of Health. The program shall grant funds to
support research for Amyotrophic Lateral Sclerosis (ALS) and for
programs that help support Oklahoma residents afflicted with ALS or
Oklahoma residents caring for a family member afflicted with ALS.
Beginning July 1, 2026, the State Department of Health shall provide
an annual report to the Governor, the Speaker of the Oklahoma House
of Representatives, the President Pro Tempore of the Oklahoma State
Senate, Appropriations and Budget Chair of the Oklahoma House of
Representatives, and the Appropriations Chair of the Oklahoma State
Senate that includes, but is not limited to, how many grants have
been awarded during the previous fiscal year, which entities the
grants have been awarded to, and for what purposes the funds are
supporting.
Added by Laws 2025, c. 144, § 2, eff. July 1, 2025.
§63-1-580.2. Barbara Weber Amyotrophic Lateral Sclerosis (ALS)
Grant Program Revolving Fund.
There is hereby created in the Oklahoma State Treasury a
revolving fund for the State Department of Health to be designated
the "Barbara Weber Amyotrophic Lateral Sclerosis (ALS) Grant Program
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the State Department of Health from appropriations, donations,
grants, or other sources of funding specifically designated for
Oklahoma Statutes - Title 63. Public Health and Safety Page 262
deposit to the Barbara Weber Amyotrophic Lateral Sclerosis (ALS)
Grant Program Revolving Fund. All monies accruing to the credit of
said fund are hereby appropriated and may be budgeted and expended
by the State Department of Health for the purpose of the Barbara
Weber Amyotrophic Lateral Sclerosis (ALS) Grant Program.
Expenditures from said 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 2025, c. 144, § 3, eff. July 1, 2025.
§63-1-604. Transfer of General Hospital to City of Clinton.
The Oklahoma General Hospital located at Clinton, Oklahoma,
shall be transferred at the close of regular business hours on June
30, 1973, to the City of Clinton, Oklahoma. Included within such
transfer shall be the physical plant, all equipment and supplies,
and the following described land:
Lots 13 to 24, inclusive, Block 2, Shoeboy Addition, City of
Clinton, County of Custer, State of Oklahoma.
The Director of the Office of Management and Enterprise Services is
hereby authorized and directed to execute and deliver, on behalf of
this state, instruments conveying title to said real and personal
property to the City of Clinton, Oklahoma.
There shall also be transferred to the City of Clinton all
accounts receivable including revolving funds of the Oklahoma
General Hospital. Any outstanding obligations of the Oklahoma
General Hospital shall be assumed by the City of Clinton.
Added by Laws 1973, c. 16, § 1, emerg. eff. March 16, 1973. Amended
by Laws 1983, c. 304, § 62, eff. July 1, 1983; Laws 2012, c. 304, §
483.
§63-1-605. Unexpended appropriations - Continuance.
Any unexpended appropriations to or for the use of the Oklahoma
General Hospital remaining after the transfer provided by Section 1
of this act shall remain available for the assistance of indigents
at the hospital on a contract basis between the State of Oklahoma
and the City of Clinton. All such expenditures shall be subject to
the approval of the Department of Institutions, Social and
Rehabilitative Services.
Added by Laws 1973, c. 16, § 2, emerg. eff. March 16, 1973.
§63-1-606. Successor owners as eligible employers for participation
in Public Employees Retirement System.
The successor public owners of Oklahoma General Hospital, or its
successor hospitals, shall be considered "eligible employers" for
the purpose of participation in the Oklahoma Public Employees
Retirement System in the same manner as county hospitals.
Oklahoma Statutes - Title 63. Public Health and Safety Page 263
Added by Laws 1973, c. 16, § 3, emerg. eff. March 16, 1973.
§63-1-701. Definitions.
For the purposes of Section 1-701 et seq. of this title:
1. “Hospital” means any institution, place, building or agency,
public or private, whether organized for profit or not, primarily
engaged in the maintenance and operation of facilities for the
diagnosis, treatment or care of patients admitted for overnight stay
or longer in order to obtain medical care, surgical care,
obstetrical care, or nursing care for illness, disease, injury,
infirmity, or deformity. Except as otherwise provided by paragraph
7 of this section, places where pregnant females are admitted and
receive care incident to pregnancy, abortion or delivery shall be
considered to be a hospital within the meaning of this article,
regardless of the number of patients received or the duration of
their stay. The term hospital includes general medical surgical
hospitals, specialized hospitals, critical access hospitals,
emergency hospitals, and rural emergency hospitals, but does not
include birthing centers except to the extent a birthing center is
licensed as a hospital;
2. “General medical surgical hospital” means a hospital
maintained for the purpose of providing hospital care in a broad
category of illness and injury;
3. “Specialized hospital” means a hospital maintained for the
purpose of providing hospital care in a certain category, or
categories, of illness and injury;
4. “Critical access hospital” means a hospital determined by
the State Department of Health to be a necessary provider of health
care services to residents of a rural community;
5. “Emergency hospital” means a hospital that provides
emergency treatment and stabilization services on a twenty-four-hour
basis that has the ability to admit and treat patients for short
periods of time;
6. “Rural emergency hospital” means a hospital that provides
emergency treatment and stabilization services for an average length
of stay of twenty-four (24) hours or less;
7. “Birthing center” means any facility, place or institution
that is maintained or established primarily for the purpose of
providing services to assist or attend a woman in delivery and
birth, and where a woman is scheduled in advance to give birth
following a normal, uncomplicated, low-risk pregnancy. Such
services are performed by:
a. a licensed Advanced Practice Registered Nurse
recognized by the Oklahoma Board of Nursing as a
Certified Nurse-Midwife,
Oklahoma Statutes - Title 63. Public Health and Safety Page 264
b. a Certified Professional Midwife or Certified Midwife
licensed under Section 3040.6 of Title 59 of the
Oklahoma Statutes, or
c. a licensed allopathic or osteopathic physician.
Provided, however, licensure shall not be available or required for
birthing centers unless the birthing center is a hospital, in which
case the hospital shall be licensed as a hospital under Section 1-
702 of this title;
8. “Day treatment program” means nonresidential, partial
hospitalization programs, day treatment programs, and day hospital
programs as defined by subsection A of Section 175.20 of Title 10 of
the Oklahoma Statutes; and
9. a. “Primarily engaged” means a hospital shall be
primarily engaged, defined by this section and as
determined by the State Department of Health, in
providing to inpatients the following care by or under
the supervision of physicians:
(1) diagnostic services and therapeutic services for
medical diagnosis, treatment and care of injured,
disabled or sick persons, or
(2) rehabilitation services for the rehabilitation of
injured, disabled or sick persons.
b. In reaching a determination as to whether an entity is
primarily engaged in providing inpatient hospital
services to inpatients of a hospital, the Department
shall evaluate the total facility operations and
consider multiple factors as provided in subparagraphs
c and d of this paragraph.
c. In evaluating the total facility operations, the
Department shall review the actual provision of care
and services to two or more inpatients, and the
effects of that care, to assess whether the care
provided meets the needs of individual patients by way
of patient outcomes.
d. The factors that the Department shall consider for
determination of whether an entity meets the
definition of primarily engaged include, but are not
limited to:
(1) a minimum of four inpatient beds,
(2) the entity’s average daily census (ADC),
(3) the average length of stay (ALOS),
(4) the number of off-site campus outpatient
locations,
(5) the number of provider-based emergency
departments for the entity,
Oklahoma Statutes - Title 63. Public Health and Safety Page 265
(6) the number of inpatient beds related to the size
of the entity and the scope of the services
offered,
(7) the volume of outpatient surgical procedures
compared to the inpatient surgical procedures, if
surgical services are provided,
(8) staffing patterns, and
(9) patterns of ADC by day of the week.
e. Notwithstanding any other provision of this section,
an entity shall be considered primarily engaged in
providing inpatient hospital services to inpatients if
the hospital has had an ADC of at least two (2) and an
ALOS of at least two (2) midnights over the past
twelve (12) months. A critical access hospital shall
be exempt from the ADC and ALOS determination. ADC
shall be calculated by adding the midnight daily
census for each day of the twelve-month period and
then dividing the total number by days in the year. A
facility that has been operating for less than (12)
months at the time of the survey shall calculate its
ADC based on the number of months the facility has
been operational, but not less than three (3) months.
If a first survey finds noncompliance with the ADC and
ALOS, a second survey may be required by the
Department to demonstrate compliance with state
licensure.
Added by Laws 1963, c. 325, art. 7, § 701, operative July 1, 1963.
Amended by Laws 1978, c. 207, § 1, eff. Oct. 1, 1978; Laws 1991, c.
306, § 7, emerg. eff. June 4, 1991; Laws 1995, c. 231, § 5, eff.
Nov. 1, 1995; Laws 1999, c. 93, § 1, eff. Nov. 1, 1999; Laws 2020,
c. 150, § 1, eff. Nov. 1, 2020; Laws 2023, c. 117, § 1, eff. Oct. 1,
2023; Laws 2024, c. 132, § 2, eff. Nov. 1, 2024.
§63-1-702. Licenses required - Practice of healing arts or medicine
A. It shall be unlawful for any person to establish, operate or
maintain in the State of Oklahoma a hospital without first obtaining
a license therefor in the manner hereinafter provided. Hospitals
operated by the federal government, the Department of Corrections,
state mental hospitals, and community-based structured crisis
centers as defined in Section 3-317 of Title 43A of the Oklahoma
Statutes, shall be exempt from the provisions of this article.
B. A hospital may be licensed as a general medical surgical
hospital with one or more specialty services or combination of
specialty services in a single license.
C. Nothing in this article shall authorize any person to
engage, in any manner, in the practice of the healing arts.
Oklahoma Statutes - Title 63. Public Health and Safety Page 266
Added by Laws 1963, c. 325, art. 7, § 702, operative July 1, 1963.
Amended by Laws 1996, c. 354, § 49, eff. Nov. 1, 1996; Laws 1999, c.
93, § 2, eff. Nov. 1, 1999; Laws 2016, c. 95, § 1, eff. Nov. 1,
2016.
§63-1-702.1. Public trust hospital address transfer limits.
No public trust hospital license or main provider location under
a provider agreement with the Centers for Medicare and Medicaid
Services (CMS), as provided for under 42 C.F.R., Sections 489.1
through 489.18, shall be transferred from its current address to an
address greater than fifteen (15) miles away, if the public trust
hospital is located in a community with a population of fewer than
thirty thousand (30,000) residents, according to the latest Federal
Decennial Census. If a public trust hospital facility announces a
closure, before the closure of the facility, a mediator shall be
appointed. The municipality beneficiary of the public trust
hospital shall also appoint a mediator. The two mediators shall
appoint a mutually agreed-upon third mediator. The three mediators
shall agree upon a sales price for the hospital, in accordance with
appropriate due diligence and financial audits received from the
public trust hospital, if the hospital and the municipality cannot
agree without mediation. The hospital shall be transferred to the
beneficiary municipality if the beneficiary municipality is willing
to pay the agreed-upon purchase price set forth by the mediators and
has the appropriate staff identified to operate the hospital.
In the event the public trust hospital is sold to another
entity, the trustees of the hospital shall certify that they have
not entered into any agreement, formal or informal, with the
prospective owners of the hospital regarding any position, role, or
employment for themselves or their direct relatives, and they shall
also certify that they have not and will not receive any financial
benefit from the prospective owners, whether in-kind or otherwise.
In the event a public, third party, has been leasing the public
trust hospital and operating the public trust hospital under a
lease, upon termination of that lease, the hospital CMS provider
number shall revert back to the public trust hospital immediately
upon lease termination, in accordance with the provisions of 42
C.F.R., Section 489.18.
Added by Laws 2025, c. 122, § 1, eff. Nov. 1, 2025.
§63-1-702.2. Mandatory trustee education program — Certified
Hospital Trustee.
All public trust hospital trustees shall be required to complete
a trustee education program, approved in advance by a statewide
hospital organization, leading to certification as a Certified
Hospital Trustee by a statewide hospital organization approved by
the State Department of Health. Trustee education shall commence
Oklahoma Statutes - Title 63. Public Health and Safety Page 267
within ninety (90) days of appointment to the office of trustees for
the public trust hospital.
Added by Laws 2025, c. 122, § 2, eff. Nov. 1, 2025.
§63-1-702a. Licensing of birthing centers to cease.
A. On and after the effective date of this act, the State
Department of Health shall cease licensing birthing centers. No new
license shall be issued, and no current license shall be renewed
upon expiration. Provided, however, this subsection shall not be
construed to exempt a hospital that operates a birthing center from
the requirement to obtain a hospital license under Section 1-702 of
this title.
B. The State Commissioner of Health shall promulgate rules
establishing standards for day treatment programs other than those
operated by community mental health centers.
Added by Laws 1991, c. 306, § 8, emerg. eff. June 4, 1991. Amended
by Laws 1995, c. 231, § 6, eff. Nov. 1, 1995; Laws 2024, c. 132, §
3, eff. Nov. 1, 2024.
§63-1-702b. Repealed by Laws 2006, c. 315, § 18, emerg. eff. June
9, 2006.
§63-1-702c. Enhanced reimbursement program for services provided to
Medicare beneficiaries.
With available funds, the State Department of Health shall apply
to the Secretary for the federal Department of Health and Human
Services for any and all waivers, grants, or other assistance that
would allow or facilitate the establishment of a program of enhanced
reimbursement for services provided to Medicare beneficiaries in
emergency hospitals in rural areas of the state.
Added by Laws 2001, c. 317, § 1, eff. Nov. 1, 2001.
§63-1-702d. Repealed by Laws 2006, c. 315, § 19, emerg. eff. June
9, 2006.
§63-1-702e. Uncompensated Care Equalization Revolving Fund.
There is hereby created in the State Treasury a revolving fund
to be designated the “Uncompensated Care Equalization Revolving
Fund”. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of monies available to the State
Department of Health pursuant to Section 1-702b of Title 63 of the
Oklahoma Statutes. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
State Department of Health as authorized by law. The Department
shall ensure that all monies deposited into the fund are matched
with federal dollars whenever possible.
Added by Laws 2004, c. 431, § 3, emerg. eff. June 4, 2004.
Oklahoma Statutes - Title 63. Public Health and Safety Page 268
§63-1-702f. Reporting of maternal death.
A hospital or birthing center shall make a reasonable and good-
faith effort to report to the Office of the Chief Medical Examiner,
within seventy-two (72) hours after the death occurs, any maternal
death that occurs in the hospital or birthing center during
pregnancy or within one (1) year of termination of pregnancy.
Added by Laws 2024, c. 263, § 2, eff. Nov. 1, 2024.
§63-1-703. Licenses - Application - Evidence of qualifications.
Before a license shall be issued under this article, the person
applying, if an individual, shall submit evidence satisfactory to
the State Commissioner of Health that he is not less than twenty-one
(21) years of age, of reputable and responsible character, and in
sound physical and mental health. In the event the applicant is an
association, corporation or governmental unit, like information
shall be submitted as to the members of the governing board thereof.
Every applicant shall also submit satisfactory evidence of his
ability to comply with minimum standards and with all rules and
regulations adopted by the State Board of Health. The application
shall be on a form prescribed by the Commissioner, shall be
verified, and shall show the type of institution to be operated and
the location thereof, the name of the person in charge of the
institution, and such other information as the Commissioner may
require. An application on behalf of a corporation, association or
governmental unit shall be made by any two officers thereof, or by
its managing agent, and shall furnish like information.
Laws
Laws 1963, c. 325, art. 7, § 703.
§63-1-704. Licenses - Fees - Duration - Posting.
A. 1. The application by any person for a license to operate a
hospital within the meaning of Section 1-701 et seq. of this title
shall be accompanied by a fee to be determined by the number of beds
available for patients, to be established by the State Commissioner
of Health, but not to exceed Ten Dollars ($10.00) for each bed
included in the maximum bed capacity at such facility.
2. For the purpose of determining the fee, the total number of
beds shall include cribs and bassinets.
B. No such fee shall be refunded unless licensure is refused.
All licenses shall be for a period of twelve (12) months from the
date of issue. Provided that licenses may be issued for a period of
more than twelve (12) months, but not more than twenty-four (24)
months, for the license period immediately following the enactment
of this provision in order to permit an equitable distribution of
license expiration dates to all months of the year.
Oklahoma Statutes - Title 63. Public Health and Safety Page 269
C. Fees for such extended licensure period shall be prorated
according to the total months to be licensed, with such amounts to
be calculated to the nearest dollar.
D. All licenses:
1. Shall be on a form prescribed by the Commissioner and shall
not be transferable or assignable;
2. Shall be issued only for the premises named in the
application;
3. Shall be posted in a conspicuous place on the licensed
premises; and
4. May be renewed for twelve-month periods upon application,
investigation and payment of license fee, as in the case of
procurement of an original license.
E. The Commissioner shall review current law and rules
promulgated by the Commissioner that mandate that a hospital post a
notice, poster or sign in public spaces. The purpose of this review
shall be to coordinate the placement, format and language required
in mandatory signage. All signage shall be reviewed for the
following:
1. Duplication of information;
2. Reduce the potential for confusion to patients, families of
patients and others; and
3. Administrative burden of compliance.
Added by Laws 1963, c. 325, art. 7, § 704, operative July 1, 1963.
Amended by Laws 1978, c. 286, § 1, eff. Jan. 1, 1979; Laws 1993, c.
269, § 13, eff. Sept. 1, 1993; Laws 1999, c. 93, § 3, eff. Nov. 1,
1999; Laws 2020, c. 150, § 2, eff. Nov. 1, 2020.
§63-1-705. Rules and standards - Inspection - Application of other
laws - Community-based programs and services to be provided.
A. The State Board of Health, upon recommendation of the State
Commissioner of Health and with the advice of the Oklahoma Hospital
Advisory Council hereinafter provided for, shall promulgate rules
and standards for the construction and operation of hospitals, for
which licenses are required by the terms of this article, to provide
for the proper care of patients. The promulgation of rules shall be
subject to and be governed by the provisions of the Administrative
Procedures Act.
B. Every hospital shall be periodically inspected by an
authorized representative of the Commissioner. Reports of such
inspections shall be on forms prescribed by the Commissioner, who
shall, after receipt of such reports, take such action as deemed
necessary by the Commission to have corrected any deficiencies or
violations of the rules and standards of the Board shown in such
reports.
C. Hospitals licensed pursuant to the provisions of this
article shall not be exempt from being inspected or licensed under
Oklahoma Statutes - Title 63. Public Health and Safety Page 270
laws relating to hotels, restaurants, lodging houses, boarding
houses and places of refreshment.
D. 1. Every hospital that offers or provides inpatient
psychiatric or chemical dependency treatment services to persons
eighteen (18) years of age or younger shall offer, provide or
otherwise make available community-based programs and services and
may make such programs and services available directly, through
contract, or other appropriate means as determined by the State
Department of Health.
2. For the purposes of this subsection the term "community-
based services" shall have the same meaning as such term is defined
by Section 1-1-105 of Title 10A of the Oklahoma Statutes.
Added by Laws 1963, c. 325, art. 7, § 705, operative July 1, 1963.
Amended by Laws 1989, c. 345, § 1, eff. Oct. 1, 1989; Laws 1999, c.
93, § 4, eff. Nov. 1, 1999; Laws 2009, c. 234, § 151, emerg. eff.
May 21, 2009.
§63-1-706. Licenses - Issuance, suspension and revocation.
A. The State Commissioner of Health shall issue licenses for
the operation of hospitals found to comply with the provisions of
Section 1-701 et seq. of this title and rules and standards of the
Commissioner.
B. A hospital with an emergency department shall take the
following measures:
1. Adopt and enforce policies and procedures to comply with the
requirements of the Emergency Medical Treatment and Labor Act, 42
U.S.C., Section 1395dd (2012), even if the facility does not
participate in the federal Medicare program;
2. Post signs in the dedicated emergency department specifying
the rights of individuals with emergency medical conditions who come
to the dedicated emergency department for health care services in
compliance with 42 CFR, Section 489.20(q), and indicate on the signs
whether the facility does not participate in Medicare, Medicaid or
other federally sponsored health insurance such as Tricare; and
3. Post the information required under paragraph 2 of this
subsection on the facility's Internet website.
C. The Commissioner may suspend or revoke any such license on
any of the following grounds:
1. Violation of any of the provisions of Section 1-701 et seq.
of this title, or rules or standards promulgated pursuant thereto;
2. Permitting, aiding or abetting the commission of any illegal
act in the licensed hospital or institution; or
3. Conduct or practices deemed by the Commissioner to be
detrimental to the welfare of the patients of the hospital or
institution.
D. Upon notice of non-renewal and expiration of the opportunity
to respond, a license shall be deemed to be surrendered. However,
Oklahoma Statutes - Title 63. Public Health and Safety Page 271
if a licensee has filed noticed with intent to renew the license
within the time frame established by the State Department of Health,
the license shall not be deemed to be surrendered by the Department.
E. If a license is revoked, a new application for license shall
be considered by the Commissioner on receipt of evidence that the
conditions upon which revocation was based have been corrected. A
new license may then be granted after proper inspection has been
made and all provisions of Section 1-701 et seq. of this title and
rules and standards of the Commissioner have been satisfied. The
application for a new license after revocation or surrender shall
result in a new license number from the Department. Issuance of the
license shall be based on compliance with all applicable laws and
rules for licensure and shall not be based on a correction upon
which a revocation was based.
Added by Laws 1963, c. 325, art. 7, § 706, operative July 1, 1963.
Amended by Laws 1999, c. 93, § 5, eff. Nov. 1, 1999; Laws 2020, c.
150, § 3, eff. Nov. 1, 2020.
§63-1-706.1. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-706.2. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-706.3. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-706.4. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-706.5. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-706.10. Short title.
This act shall be known and may be cited as the "Emergency
Medical Services for Children Resource Center Act".
Added by Laws 1995, c. 194, § 1, eff. Nov. 1, 1995.
§63-1-706.11. Recognition of Center as resource to state's
emergency medical services system.
A. The Oklahoma Emergency Medical Services for Children
Resource Center, operated within the Department of Pediatrics
through its Section of General Pediatrics and within the University
of Oklahoma College of Medicine, shall be recognized by the State
Department of Health as a resource to the state's overall emergency
medical services system, thus ensuring that children have access to
quality pediatric emergency medical services, including, but not
limited to, prehospital and hospital care.
B. As funds are available, the State Department of Health may
contract with the Center for the implementation of this act.
Added by Laws 1995, c. 194, § 2, eff. Nov. 1, 1995.
Oklahoma Statutes - Title 63. Public Health and Safety Page 272
§63-1-706.12. Purposes of Center.
The purposes of the Emergency Medical Services for Children
Resource Center shall be to:
1. Maximize pediatric emergency care in Oklahoma through expert
leadership, education, research and advocacy;
2. Develop guidelines for approval of emergency medical service
facilities as Emergency Departments Approved for Pediatrics (EDA-P)
and for rating the ability of a facility to provide pediatric
emergency medical services;
3. Develop guidelines for equipment and its use for prehospital
and hospital pediatric emergency care;
4. Develop guidelines and protocols for prehospital and
hospital facilities which encompass all levels of pediatric
emergency medical services, including, but not limited to,
stabilization, treatment, transfers and referrals;
5. Provide initial and continuing professional education
programs and guidelines on pediatric emergency medical care for
emergency medical services personnel and other health care
providers;
6. Conduct public education concerning pediatric emergency
medical services including, but not limited to, prevention and
access to pediatric emergency services;
7. Collect and analyze existing data from prehospital and
hospital emergency medical systems related to pediatric emergency
and critical care for the purpose of quality improvement;
8. Consult with and advise public and private organizations,
including the Emergency Medical Services Division and the Trauma
Systems Development Section of the Injury Prevention Service within
the State Department of Health, the Oklahoma Highway Safety Office,
law enforcement, fire service, ambulance services, educational
institutions, professional organizations, business organizations,
hospital organizations and any other federally funded projects in
pediatric emergency and critical care medical services;
9. Provide other services and activities deemed necessary to
maximize pediatric emergency care in the State of Oklahoma; and
10. Solicit and accept funds from the federal government and
other public and private sources.
Added by Laws 1995, c. 194, § 3, eff. Nov. 1, 1995. Amended by Laws
2013, c. 229, § 61, eff. Nov. 1, 2013.
§63-1-706.21. Distribution of opioid antagonists at hospitals.
A. As used in this section:
1. “Emergency opioid antagonist” means a drug including but not
limited to naloxone that blocks the effects of opioids and that is
approved by the United States Food and Drug Administration for the
treatment of an opioid overdose; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 273
2. “Health benefit plan” has the same meaning as provided by
Section 6060.4 of Title 36 of the Oklahoma Statutes.
B. A hospital shall distribute to a person who presents to an
emergency department with symptoms of an opioid overdose, opioid use
disorder, or other adverse event related to opioid use, two doses of
an emergency opioid antagonist upon discharge, unless:
1. The treating practitioner determines in his or her clinical
and professional judgment that distributing the emergency opioid
antagonist is not appropriate or the practitioner has confirmed that
the patient already has at least two doses of an emergency opioid
antagonist; or
2. The hospital is not required to distribute the emergency
opioid antagonist due to the conditions described in paragraph 2 of
subsection C of this section.
C. 1. The provisions of subsection B of this section shall
apply without exception in cases where a patient is covered by the
state Medicaid program or by a health benefit plan.
2. The provisions of subsection B of this section shall apply
in cases where a patient is not covered by the state Medicaid
program or by a health benefit plan only if the hospital receives a
supply of one or more emergency opioid antagonists from the
Department of Mental Health and Substance Abuse Services under
Section 1 of this act.
D. To comply with the requirements of this section, a hospital
may, notwithstanding any other provision of state law, utilize any
of the following individuals employed by or under contract with the
hospital to distribute emergency opioid antagonists under this
section:
1. Any health care provider licensed or certified in this state
including, but not limited to, a licensed pharmacist; or
2. Any mental health or substance abuse provider licensed or
certified in this state.
E. 1. In cases where a patient to whom an opioid antagonist is
distributed under this section is covered under the state Medicaid
program, the hospital may bill the state Medicaid program for the
emergency opioid antagonist utilizing the appropriate billing codes
established by the Oklahoma Health Care Authority. The state
Medicaid program shall reimburse such claims in accordance with
applicable law, rules, and contract terms. This billing shall be
separate from and in addition to the payment for the other services
provided during the hospital visit.
2. In cases where a patient to whom an opioid antagonist is
distributed under this section is covered by a health benefit plan,
the hospital may bill the patient’s health benefit plan for the cost
of the emergency opioid antagonist, and the health plan shall
reimburse such claims.
Oklahoma Statutes - Title 63. Public Health and Safety Page 274
F. When a hospital distributes an emergency opioid antagonist,
it shall provide:
1. Directions for use; and
2. Information and resources about medication for opioid use
disorder and harm reduction strategies and services which may be
available, such as substance use disorder treatment services and
substance use disorder peer counselors.
This information shall be available in all languages relevant to
the communities that the hospital serves.
G. This section does not prohibit a hospital from distributing
an emergency opioid antagonist to a patient at no cost to the
patient and at no cost to a third-party payor out of the hospital’s
prepurchased supply.
H. Nothing in this section prohibits or modifies a hospital’s
ability or responsibility to bill a patient’s health benefit plan or
to provide financial assistance as required by state or federal law.
I. A hospital, its employees, its contractors, and its
practitioners are immune from suit in any action, civil or criminal,
or from professional or other disciplinary action, for action or
inaction in compliance with this section.
Added by Laws 2023, c. 312, § 2, eff. Nov. 1, 2023.
§63-1-706a. Short title - No Patient Left Alone Act.
A. This section shall be known and may be cited as the "No
Patient Left Alone Act".
B. Subject to the provisions of subsections D and E of this
section, each minor who is admitted to a hospital licensed pursuant
to Section 1-702 of Title 63 of the Oklahoma Statutes has the right
to have a parent, guardian or person standing in loco parentis who
shall have the ability to be present while the minor patient is
receiving hospital care.
C. Subject to the provisions of subsections D and E of this
section, each adult who is admitted to a hospital licensed pursuant
to Section 1-702 of Title 63 of the Oklahoma Statutes has the right
to designate a spouse, family member or caregiver who shall have the
ability to be physically present while the adult patient is
receiving hospital care.
D. A hospital may establish visitation policies that limit or
restrict visitation when:
1. The presence of visitors would be medically or
therapeutically contraindicated in the best clinical judgment of
health care professionals;
2. The presence of visitors would interfere with the care of or
rights of any patient;
3. Visitors are engaging in disruptive, threatening or violent
behavior toward any staff member, patient or other visitor; or
4. Visitors are noncompliant with hospital policy.
Oklahoma Statutes - Title 63. Public Health and Safety Page 275
E. A hospital may require visitors to wear personal protective
equipment, provided that any such required equipment shall be
provided by the hospital. A hospital may require visitors to comply
with reasonable safety protocols and rules of conduct. The hospital
may revoke visitation rights for failure to comply with this
section.
F. Nothing in this section shall be construed to require a
hospital to allow a visitor to enter an operating room, isolation
room, isolation unit, behavioral health setting or other typically
restricted area or to remain present during the administration of
emergency care in critical situations. Nothing in this section
shall be construed to require a hospital to allow a visitor access
beyond the rooms, units or wards in which the patient the visitor is
visiting is receiving care or beyond general common areas in the
hospital.
G. The rights specified in this section may not be terminated,
suspended or waived by the hospital, the State Department of Health
or any governmental entity, notwithstanding declarations of
emergency declared by the Governor or the Legislature. No hospital
licensed pursuant to Section 1-702 of Title 63 of the Oklahoma
Statutes shall require a patient to waive the rights specified in
this section.
H. Each hospital licensed pursuant to Section 1-702 of Title 63
of the Oklahoma Statutes shall post on its website informational
materials developed by the State Department of Health explaining the
rights specified in this section. The State Department of Health
shall develop such informational materials and make the materials
available to hospitals for this purpose.
I. Unless expressly required by federal law or regulation, the
State Department of Health or any other state agency shall not take
any action against a hospital for:
1. Giving a visitor individual access to a hospital-controlled
property or location;
2. Failing to protect or otherwise ensure the safety or comfort
of a visitor given access to a hospital-controlled property or
location;
3. Failing to follow the guidelines of the Centers for Disease
Control and Prevention or other federal guidelines that require or
recommend restricting visitor access; or
4. The acts or omissions of any visitor who is given access to
a hospital-controlled property or location.
Added by Laws 2021, c. 460, § 1, eff. Nov. 1, 2021.
§63-1-707. Rules and standards – Oklahoma Hospital Advisory
Council.
A. The State Commissioner of Health, with the advice of the
Oklahoma Hospital Advisory Council, shall promulgate rules and
Oklahoma Statutes - Title 63. Public Health and Safety Page 276
standards as the Commissioner deems to be in the public interest for
hospitals, on the following:
1. Construction plans and location, including fees not to
exceed Two Thousand Dollars ($2,000.00) for submission or
resubmission of architectural and building plans, and procedures to
ensure the timely review of such plans by the State Department of
Health. The assessed fee shall be used solely for the purposes of
processing approval of construction plans and location by the State
Department of Health;
2. Physical plant and facilities;
3. Fire protection and safety;
4. Food service;
5. Reports and records;
6. Staffing and personal service;
7. Surgical facilities and equipment;
8. Maternity facilities and equipment;
9. Control of communicable disease;
10. Sanitation;
11. Laboratory services;
12. Nursing facilities and equipment; and
13. Other items as may be deemed necessary to carry out the
purposes of this article.
B. 1. The State Commissioner of Health, with the advice of the
Oklahoma Hospital Advisory Council and the State Board of Pharmacy,
shall promulgate rules and standards as the Commissioner deems to be
in the public interest with respect to the storage and dispensing of
drugs and medications for hospital patients.
2. The State Board of Pharmacy shall be empowered to inspect
drug facilities in licensed hospitals and shall report violations of
applicable statutes and rules to the State Department of Health for
action and reply.
C. 1. The Commissioner shall appoint an Oklahoma Hospital
Advisory Council to advise the Department regarding hospital
operations and to recommend actions to improve patient care.
2. The Advisory Council shall have the duty and authority to:
a. review and approve in its advisory capacity rules and
standards for hospital licensure,
b. evaluate, review and make recommendations regarding
Department licensure activities; provided however, the
Advisory Council shall not make recommendations
regarding scope of practice for any health care
providers or practitioners regulated pursuant to Title
59 of the Oklahoma Statutes, and
c. recommend and approve:
(1) quality indicators and data submission
requirements for hospitals, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 277
(2) the indicators and data to be used by the
Department to monitor compliance with licensure
requirements.
D. 1. The Advisory Council shall be composed of nine (9)
members appointed by the Commissioner. The membership of the
Advisory Council shall be as follows:
a. two members shall be hospital administrators of
licensed hospitals,
b. two members shall be licensed physicians or
practitioners who have current privileges to provide
services in hospitals,
c. two members shall be hospital employees, and
d. three members shall be citizens representing the
public who:
(1) are not hospital employees,
(2) do not hold hospital staff appointments, and
(3) are not members of hospital governing boards.
2. a. Advisory Council members shall be appointed for three-
year terms except the initial terms after November 1,
1999, of one hospital administrator, one licensed
physician or practitioner, one hospital employee, and
one public member shall be one (1) year. The initial
terms after the effective date of this act of one
hospital administrator, one licensed physician or
practitioner, one hospital employee, and one public
member shall be two (2) years. The initial terms of
all other members shall be three (3) years. After
initial appointments to the Council, members shall be
appointed to three-year terms.
b. Members of the Advisory Council may be removed by the
Commissioner for cause.
E. The Advisory Council shall meet on a quarterly basis and
shall annually elect from among its members a chairperson. Members
of the Council shall serve without compensation but shall be
reimbursed by the Department for travel expenses related to their
service as authorized by the State Travel Reimbursement Act.
Added by Laws 1963, c. 325, art. 7, § 707, operative July 1, 1963.
Amended by Laws 1968, c. 86, § 1, emerg. eff. April 1, 1968; Laws
1999, c. 93, § 6, eff. Nov. 1, 1999; Laws 1999, c. 213, § 2, eff.
July 1, 1999; Laws 2006, c. 315, § 16, emerg. eff. June 9, 2006;
Laws 2019, c. 153, § 1, eff. Nov. 1, 2019.
§63-1-707a. Staff privileges - Applications - Psychologists.
A. The administrator in charge of each hospital licensed by the
State Commissioner of Health shall accept for consideration each
application for professional staff privileges submitted by a person
licensed to practice:
Oklahoma Statutes - Title 63. Public Health and Safety Page 278
1. Medicine by the State Board of Medical Licensure and
Supervision;
2. Osteopathy by the State Board of Osteopathy;
3. Podiatry by the State Board of Podiatry; or
4. As a health service psychologist by the Oklahoma State Board
of Examiners of Psychologists.
B. The application shall be acted upon by the governing board
of the hospital within a reasonable time. A written report of such
action shall be furnished to the applicant thereafter.
C. If a hospital grants staff privileges to a psychologist, at
the time of admission of a patient of the psychologist to the
hospital, the psychologist or the hospital shall identify a
psychiatrist, a medical doctor, or a doctor of osteopathy who shall
be responsible for the medical evaluation and medical management of
the patient.
Added by Laws 1977, c. 180, § 1. Amended by Laws 1979, c. 142, § 1;
Laws 1987, c. 118, § 53, operative July 1, 1987; Laws 1995, c. 134,
§ 1, eff. Nov. 1, 1995; Laws 1999, c. 93, § 7, eff. Nov. 1, 1999.
§63-1-707b. Granting of staff privileges - Criteria.
A. The administrator in charge of or the governing board of
each hospital licensed by the State Commissioner of Health shall
adopt written criteria for use in determining which licensed medical
doctors, doctors of osteopathy, doctors of podiatry, and health
service psychologists shall be granted professional and/or medical
staff privileges by the hospital. A licensed hospital shall not
deny an application based solely on the applicant's license, as long
as the applicant is licensed to practice:
1. Medicine by the State Board of Medical Licensure and
Supervision;
2. Osteopathy by the State Board of Osteopathy;
3. Podiatry by the State Board of Podiatry; or
4. As a health service psychologist by the Oklahoma State Board
of Examiners of Psychologists.
B. The accordance and delineation of medical staff membership
or clinical privileges shall be determined on an individual basis
commensurate with an applicant's education, training, experience and
demonstrated clinical competence.
C. When medical education training and specialty board
certification are considerations in the credentialing and
recredentialing of physicians, hospitals and health plans shall give
equal recognition to those bodies recognized by the federal
government for the training and certification of such physicians.
Hospitals and health plans shall not discriminate, on the basis of
education, against eligible physicians who have:
Oklahoma Statutes - Title 63. Public Health and Safety Page 279
1. Graduated from medical schools and postdoctoral programs
approved by either the American Osteopathic Association or the
Accreditation Council for Graduate Medical Education; or
2. Been awarded board eligibility or board certification by
specialty boards recognized by either the American Osteopathic
Association or the American Board of Medical Specialties.
Added by Laws 1977, c. 180, § 2. Amended by Laws 1979, c. 142, § 2;
Laws 1995, c. 134, § 2, eff. Nov. 1, 1995; Laws 1995, c. 358, § 6,
eff. Nov. 1, 1995; Laws 1999, c. 93, § 8, eff. Nov. 1, 1999; Laws
2002, c. 156, § 2, eff. Nov. 1, 2002.
NOTE: Laws 1995, c. 107, § 1 repealed by Laws 1995, c. 358, § 13,
eff. Nov. 1, 1995.
§63-1-709. Information confidential.
Information received by the State Commissioner of Health through
inspection or otherwise, authorized under the foregoing sections of
this article, shall be confidential and shall not be disclosed
publicly except in a proceeding involving the question of licensure
or revocation or suspension of license.
Laws 1963, c. 325, art. 7, § 709.
§63-1-710. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-711. Survey and inventory of hospitals and health centers.
The State Commissioner of Health shall conduct and make a survey
and inventory of the location, size, and character of all existing
public and private (proprietary as well as nonprofit) hospitals,
community mental health facilities, health centers, and related
health facilities within the State of Oklahoma; evaluate the
sufficiency of such hospitals, community mental health facilities,
health centers, and related health facilities to supply the
necessary physical facilities for furnishing adequate hospital,
clinical, and similar services to all people of the state; and
compile data and conclusions, together with a statement of the
additional facilities necessary, in conjunction with existing
structures, to supply such services.
Laws 1963, c. 325, art. 7, § 711, operative July 1, 1963; Laws 1965,
c. 36, § 2, emerg. eff. March 8, 1965.
§63-1-712. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-713. Standards of United States Surgeon General to be
followed - Reports.
The State Commissioner of Health, in making the survey and
inventory of existing hospitals, health centers, community mental
health facilities, and related health facilities, and in developing
programs for the construction of public and other nonprofit health
Oklahoma Statutes - Title 63. Public Health and Safety Page 280
facilities, shall carry out such purposes in accordance with
standards prescribed by the Surgeon General of the United States
Public Health Service with the approval of the Federal Hospital
Advisory Council. The Commissioner shall make such reports, in such
form and containing such information, as the Surgeon General of the
United States Public Health Service may from time to time require,
and shall comply with requirements of the Surgeon General as will
assure the correctness and the verification of such reports.
Laws 1963, c. 325, art. 7, § 713; Laws 1965, c. 36, § 4, emerg. eff.
March 8, 1965.
§63-1-713.1. Federally Qualified Health Centers - Compliance with
federal law - Investigation of and sanctions for noncompliance -
Board member training and certification.
A. The Legislature finds that:
1. As providers of health care to medically underserved
populations, Federally Qualified Health Centers are extremely
beneficial to the citizens of Oklahoma;
2. The primary source of funding for Federally Qualified Health
Centers is through grants of funds by the Bureau of Primary Health
Care (BPHC) under Section 330 of the Public Health Service Act as
amended by the Health Centers Consolidation Act of 1996;
3. The receipt of federal grants is dependent upon compliance
with federal statutes, regulations and policies regarding the
mission, programs, governance, management and financial
responsibilities of such entities; and
4. In addition to federal grant monies, Federally Qualified
Health Centers in Oklahoma receive additional monies through the
appropriation of state funds.
B. In an effort to maintain the presence of Federally Qualified
Health Centers in Oklahoma and minimize the possibility of
jeopardizing federal funding for such entities, all Federally
Qualified Health Centers in Oklahoma that receive grants under
Section 330 of the Public Health Service Act shall:
1. Remain in compliance at all times with the federal statutes,
regulations and policies governing their existence at 42 U.S.C.
254b, 42 CFR 51c.303, 51c.304 and 51c.305, and BPHC Policy
Information Notice 98-23; and
2. Adhere to bylaws adopted in compliance with the federal
statutes, regulations and policies including, but not limited to,
provisions regarding the composition, functions and responsibilities
of boards of directors of Federally Qualified Health Centers.
C. Any Federally Qualified Health Center in Oklahoma that fails
to comply with federal statutes, regulations and policies governing
its existence shall be ineligible for state reimbursement for
uncompensated care.
Oklahoma Statutes - Title 63. Public Health and Safety Page 281
D. The State Department of Health shall investigate reported
violations of this act and, notwithstanding any other provision,
shall enforce this act by not contracting to reimburse the
uncompensated care costs of any Federally Qualified Health Center
found to be in violation of the provisions of this act. The
Department shall further report any violations of federal statutes,
regulations and policies related to this act to the Bureau of
Primary Health Care or other appropriate federal funding agency.
E. In order to ensure that Federally Qualified Health Centers
in Oklahoma remain eligible to receive state reimbursement for
uncompensated care under the provisions of this act, the State Board
of Health shall adopt rules, as it deems necessary and appropriate,
requiring board members of such entities to receive board member
training and establishing certification for entities to provide such
training.
F. The Oklahoma Health Care Authority shall, at all times,
ensure that Federally Qualified Health Centers receive, at a
minimum, payment for services in accordance with Section 1396a(bb)
of Title 42 of the United States Code.
Added by Laws 2005, c. 41, § 1, emerg. eff. April 12, 2005. Amended
by Laws 2021, c. 107, § 1, emerg. eff. April 21, 2021.
§63-1-714. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-715. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-716. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-717. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-718. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-719. Bonds of counties, cities and towns.
Any county, city, or town is hereby authorized to issue bonds
for constructing and equipping a hospital, community mental health
facility, public health center, or related health facility, to be
owned and operated by such county, city, or town in accordance with
standards approved by the State Commissioner of Health; provided,
that such bonds may be issued to construct a jointly owned and
operated hospital, community mental health facility, public health
center, or related health facility, by two or more counties, or by
one or more counties and a city or cities, or by two or more cities.
Except as provided in the Municipal and County Economic and
Community Development Bonds Act pursuant to Section 800 et seq. of
Title 62 of the Oklahoma Statutes, the bonds shall be issued upon
the assent thereto of three-fifths (3/5) of the voters of the
subdivision issuing the bonds, voting at an election held for that
Oklahoma Statutes - Title 63. Public Health and Safety Page 282
purpose. The proposition voted on shall state specifically the type
of hospital facility to be constructed. Such election shall be
called by the governing board or managing body of such subdivision.
Notice of the election shall be published for two (2) successive
weeks in a weekly or daily newspaper, having a general circulation
in the subdivision. The bonds shall be made to mature serially as
now provided by law and shall be sold at an advertised sale under
existing laws. The rate of interest shall not exceed eight percent
(8%) per annum. The bonds shall be submitted to the Attorney
General for his approval as ex officio Bond Commissioner of the
state.
Added by Laws 1963, c. 325, art. 7, § 719. Amended by Laws 1965, c.
36, § 9, emerg. eff. March 8, 1965; Laws 1970, c. 286, § 10, emerg.
eff. April 27, 1970; Laws 2022, c. 155, § 2, eff. Nov. 1, 2022.
§63-1-720. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-721. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-1-722. Electronic- or computer-generated signatures of
physician.
Electronic- or computer-generated signatures of a physician are
acceptable as authentication and may be used in any place in the
medical record where a physician's signature is required, including,
but not limited to, all medical orders, if the signature is
generated by a confidential code which only the user possesses and
the following safeguards are adhered to:
1. The physician signs and then files a statement in the
hospital administrator's office which states that:
a. the physician will use an electronic- or computer-
generated signature to authenticate his entries in the
medical record,
b. the signature will be generated by a confidential code
which only the physician possesses, and
c. no person other than the physician will be permitted
to use the signature;
2. The physician's use of an electronic- or computer-generated
signature is approved in writing by the hospital's administrator and
medical record committee;
3. The electronic- or computer-generated signature is the full,
legal name of the physician and includes the physician's
professional title; and
4. Rules and regulations pertaining to electronic-generated
signatures as provided in this act shall be promulgated by the State
Board of Health.
Added by Laws 1993, c. 124, § 1, eff. Sept. 1, 1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 283
§63-1-723. Primary Health Care Development Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
"Primary Health Care Development Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of appropriations, grants, gifts and other money obtained
pursuant to this act.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for the enhancement and establishment of
federally qualified health centers or federally qualified look-alike
community health centers, as defined by 42 U.S.C., Section
13986d(1)(2)(B).
C. Expenditures from said 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 2005, c. 253, § 1, eff. July 1, 2005. Amended by Laws
2012, c. 304, § 484.
§63-1-723.2. Discount program for qualified self-pay patients -
Defense in collection action.
A. Each hospital in this state shall establish a discount
program for hospital charges for qualified self-pay patients who
have household incomes of up to three hundred percent (300%) of the
federal poverty guidelines. This discount program shall not be
required for patients who are eligible for or enrolled in private or
public insurance plans providing hospital coverage, including
indemnity plans.
B. While a hospital may set uniform prices for its services,
products, and fees, qualified self-pay patients shall be eligible
for minimum discounts from the hospital so that the hospital charge
after the discount shall not exceed the greater of the amount
Medicare would pay for the same services, or the cost of services as
determined by multiplying the hospital’s whole cost-to-charge ratio
by the billed charges.
C. It shall be the responsibility of the patient to establish
their eligibility for the discount.
D. The provisions of this section do not apply to procedures
that are not medically necessary as determined by the treating
physician.
E. In a collection action brought by the hospital, a patient
may assert the provisions of this section as a defense to the
action. To be available as a defense, the patient must establish
eligibility for the discount by proving:
1. The household income of the patient is below three hundred
percent (300%) of the federal poverty guidelines; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 284
2. The patient is not eligible or enrolled in private or public
insurance plans providing hospital coverage.
If the elements are established, the hospital is limited in its
collection efforts to the greater of the amount Medicare would pay
for the same services, or the cost of services as determined by
multiplying the hospital’s whole cost-to-charge ratio by the billed
charges.
Added by Laws 2006, c. 315, § 11, eff. July 1, 2007.
§63-1-724. Health centers – Contracts, donations, and grants.
A. The State Department of Health is authorized to enter into
contracts, based on the availability of funding, to promote the
establishment of new facilities in Oklahoma which will qualify as
federally qualified health centers (FQHC) or federally qualified
look-alike community health centers, as defined by 42 U.S.C.,
Section 13986d(1)(2)(B) including:
1. Contracts to provide for community planning and development;
2. Contracts to provide for grants or grant writing to apply
for federal 330 FQHC funding; and
3. Contracts for transitional operating support.
B. The State Department of Health is authorized to accept
donations of land, property, buildings, equipment and gifts of money
or other objects of value for the purpose of establishing or
expanding federally qualified health centers.
C. The State Department of Health is authorized to utilize
grant funds, donations and other funds made available to the
Department for the purpose of establishing or expanding federally
qualified health centers, to the extent funds are available.
D. The State Department of Health may enter into agreements
with public or private entities as necessary for the purpose of
establishing new federally qualified health centers.
Added by Laws 2005, c. 253, § 3, eff. July 1, 2005.
§63-1-725.1. Short title - Transparency in Health Care Prices Act.
This act shall be known and may be cited as the "Transparency in
Health Care Prices Act".
Added by Laws 2021, c. 371, § 1, eff. Nov. 1, 2021.
§63-1-725.2. Definitions.
As used in the Transparency in Health Care Prices Act:
1. “Agency” means a government department, agency or a
government-created entity;
2. “CPT code” means the Current Procedural Terminology code, or
its successor code, as developed and copyrighted by the American
Medical Association or its successor entity;
3. “Health care facility” means a facility licensed or
certified by the State Department of Health, but shall not include a
Oklahoma Statutes - Title 63. Public Health and Safety Page 285
nursing care facility, assisted living facility, home care agency,
or hospital;
4. “Health care price” means the cash price that a health care
provider or health care facility will charge a recipient for health
care services that will be rendered. Health care price is the price
charged for the standard service for the particular diagnosis and
does not include any amount that may be charged for complications or
exceptional treatment;
5. “Health care provider” means a person who is licensed,
certified or registered by this state to provide health care
services or a medical group, independent practice association or
professional corporation providing health care services;
6. “Health care services” or “services” means services included
in, or incidental to, furnishing to an individual:
a. medical, mental, dental or optometric care or
hospitalization, or
b. other services for the purpose of preventing,
alleviating, curing or healing a physical or mental
illness or injury;
7. “Recipient” means an individual who receives health care
services from a health care provider or health care facility; and
8. “Specialty service line” means health care services rendered
by a specific medical specialist to include, but not be limited to:
a. general surgery,
b. obstetrics or gynecology,
c. cardiology,
d. urology,
e. ophthalmology,
f. neurology/neurosurgery,
g. orthopedics,
h. hematology/oncology,
i. pathology,
j. radiology,
k. emergency medicine,
l. physical therapy, or
m. another specialty service provided by a health care
facility.
Added by Laws 2021, c. 371, § 2, eff. Nov. 1, 2021. Amended by Laws
2025, c. 298, § 8, eff. Nov. 1, 2025.
§63-1-725.3. Publicly available prices for common services.
A. A health care provider shall make available to the public,
in a single document, either electronically or by posting
conspicuously on the provider's website if one exists, the health
care prices for at least the twenty most common health care services
the health care provider provides. If the health care provider, in
the normal course of his or her practice, regularly provides fewer
Oklahoma Statutes - Title 63. Public Health and Safety Page 286
than twenty health care services, the health care provider shall
make available the health care prices for the health care services
the provider most commonly provides.
B. The health care provider shall identify the services by:
1. A Current Procedural Terminology code or other coding system
commonly used by the health care provider and accepted as a national
standard for billing; and
2. A plain English description.
C. The health care provider shall update the document as
frequently as the health care provider deems appropriate, but at
least annually.
Added by Laws 2021, c. 371, § 3, eff. Nov. 1, 2021.
§63-1-725.4. Prices required for certain services.
A. A health care facility shall make available to the public,
in a single document, either electronically or by posting
conspicuously on its website if one exists, the health care prices
for at least:
1. The twenty most used diagnosis-related group codes or other
codes for inpatient health care services per specialty service line
used by the health care facility for billing; and
2. The twenty most used outpatient CPT codes or health care
services procedure codes per specialty service line used for
billing.
B. A health care facility shall include with the health care
prices provided pursuant to subsection A of this section a plain
English description of the services for which the health care prices
are provided.
C. The health care facility shall update the document as
frequently as it deems appropriate, but at least annually.
Added by Laws 2021, c. 371, § 4, eff. Nov. 1, 2021.
§63-1-725.5. Agency review of prices prohibited.
A. Nothing in the Transparency in Health Care Prices Act shall
require a health care facility or health care provider to report its
health care prices to any agency for review, filing or other
purposes, or for applications for health care professional loan
repayment. The Transparency in Health Care Prices Act shall not
grant any agency the authority to approve, disapprove or limit a
health care facility's or health care provider's health care prices
or change its health care prices.
B. Nothing in this act shall impair contracts between private
parties.
Added by Laws 2021, c. 371, § 5, eff. Nov. 1, 2021.
§63-1-725.11. Definitions.
As used in this act:
Oklahoma Statutes - Title 63. Public Health and Safety Page 287
1. “Ancillary service” means a hospital item or service that a
hospital customarily provides as part of a shoppable service;
2. “Chargemaster” means the list of all hospital items or
services maintained by a hospital for which the hospital has
established a charge;
3. “De-identified maximum negotiated charge” means the highest
charge that a hospital has negotiated with all third-party payors
for a hospital item or service;
4. “De-identified minimum negotiated charge” means the lowest
charge that a hospital has negotiated with all third-party payors
for a hospital item or service;
5. “Department” means the State Department of Health;
6. “Discounted cash price” means the charge that applies to an
individual who pays cash, or a cash equivalent, for a hospital item
or service;
7. “Gross charge” means the charge for a hospital item or
service that is reflected on a hospital’s chargemaster, absent any
discounts;
8. “Hospital” means a hospital:
a. licensed under Section 1-702 of Title 63 of the
Oklahoma Statutes, or
b. owned or operated by a state agency;
9. “Hospital items or services” means all items and services,
including individual items and services and service packages, that
may be provided by a hospital to a patient in connection with an
inpatient admission or an outpatient department visit, as
applicable, for which the hospital has established a standard
charge, including:
a. supplies and procedures,
b. room and board,
c. use of the facility and other areas, generally
referred to as facility fees,
d. services of physicians and non-physician
practitioners, generally referred to as professional
charges, and
e. any other item or service for which a hospital has
established a standard charge;
10. “Machine-readable format” means a digital representation of
information in a file that can be imported or read into a computer
system for further processing. The term includes Extensible Markup
Language (.XML), JavaScript Object Notation (.JSON), and Comma-
Separated Values (.CSV) formats;
11. “Payor-specific negotiated charge” means the charge that a
hospital has negotiated with a third-party payor for a hospital item
or service;
Oklahoma Statutes - Title 63. Public Health and Safety Page 288
12. “Service package” means an aggregation of individual
hospital items or services into a single service with a single
charge;
13. “Shoppable service” means a service that may be scheduled
by a health care consumer in advance;
14. “Standard charge” means the regular rate established by the
hospital for a hospital item or service provided to a specific group
of paying patients. The term includes all of the following, as
defined under this section:
a. the gross charge,
b. the payor-specific negotiated charge,
c. the de-identified minimum negotiated charge,
d. the de-identified maximum negotiated charge, and
e. the discounted cash price; and
15. “Third-party payor” means an entity that is, by statute,
contract, or agreement, legally responsible for payment of a claim
for a hospital item or service.
Added by Laws 2025, c. 298, § 1, eff. Nov. 1, 2025.
§63-1-725.12. Hospitals — Public lists of standard charges.
Notwithstanding any other law, a hospital shall make public:
1. A digital file in a machine-readable format that contains a
list of all standard charges for all hospital items or services as
described by Section 3 of this act; and
2. A consumer-friendly list of standard charges for a limited
set of shoppable services as provided in Section 4 of this act.
Added by Laws 2025, c. 298, § 2, eff. Nov. 1, 2025.
§63-1-725.13. List requirements.
A. A hospital shall:
1. Maintain a list of all standard charges for all hospital
items or services in accordance with this section; and
2. Ensure the list required under paragraph 1 of this
subsection is available at all times to the public, including by
posting the list electronically in the manner provided by this
section.
B. The standard charges contained in the list required to be
maintained by a hospital under subsection A of this section shall
reflect the standard charges applicable to that location of the
hospital, regardless of whether the hospital operates in more than
one location or operates under the same license as another hospital.
C. The list required under subsection A of this section shall
include the following items, as applicable:
1. A description of each hospital item or service provided by
the hospital;
Oklahoma Statutes - Title 63. Public Health and Safety Page 289
2. The following charges for each individual hospital item or
service when provided in either an inpatient setting or an
outpatient department setting, as applicable:
a. the gross charge,
b. the de-identified minimum negotiated charge,
c. the de-identified maximum negotiated charge,
d. the discounted cash price, and
e. the payor-specific negotiated charge, listed by the
name of the third-party payor and plan associated with
the charge and displayed in a manner that clearly
associates the charge with each third-party payor and
plan; and
3. Any code used by the hospital for purposes of accounting or
billing for the hospital item or service, including the Current
Procedural Terminology (CPT) code, the Healthcare Common Procedure
Coding System (HCPCS) code, the Diagnosis Related Group (DRG) code,
the National Drug Code (NDC), or other common identifier.
D. The information contained in the list required under
subsection A of this section shall be published in a single digital
file that is in a machine-readable format.
E. The list required under subsection A of this section shall
be displayed in a prominent location on the hospital’s publicly
accessible Internet website. If the hospital operates multiple
locations and maintains a single Internet website, the list required
under subsection A of this section shall be posted for each location
the hospital operates in a manner that clearly associates the list
with the applicable location of the hospital.
F. The list required under subsection A of this section shall:
1. Be available:
a. free of charge,
b. without having to establish a user account or
password, and
c. without having to submit personal identifying
information;
2. Be digitally searchable; and
3. Use the Centers for Medicare and Medicaid Services naming
convention specified under 45 C.F.R., Section 180.50.
G. The hospital shall update the list required under subsection
A of this section at least once each year. The hospital shall
clearly indicate the date on which the list was most recently
updated, either on the list or in a manner that is clearly
associated with the list.
Added by Laws 2025, c. 298, § 3, eff. Nov. 1, 2025.
§63-1-725.14. Included shoppable services.
A. Except as provided by subsection C of this section, a
hospital shall maintain and make publicly available a list of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 290
standard charges described by Section 3 of this act for each of at
least three hundred shoppable services provided by the hospital.
The hospital may select the shoppable services to be included in the
list, except that the list shall include:
1. The seventy services specified as shoppable services by the
Centers for Medicare and Medicaid Services; or
2. If the hospital does not provide all of the shoppable
services described by paragraph 1 of this subsection, as many of
those shoppable services the hospital does provide.
B. In selecting a shoppable service for purposes of inclusion
in the list required under subsection A of this section, a hospital
shall consider how frequently the hospital provides the service and
the hospital’s billing rate for that service.
C. If a hospital does not provide three hundred shoppable
services, the hospital shall maintain a list of the total number of
shoppable services that the hospital provides in a manner that
otherwise complies with the requirements of subsection A of this
section.
D. The list required under subsection A or C of this section,
as applicable, shall:
1. Include:
a. a plain-language description of each shoppable service
included on the list,
b. the payor-specific negotiated charge that applies to
each shoppable service included on the list and any
ancillary service, listed by the name of the third-
party payor and plan associated with the charge and
displayed in a manner that clearly associates the
charge with the third-party payor and plan,
c. the discounted cash price that applies to each
shoppable service included on the list and any
ancillary service or, if the hospital does not offer a
discounted cash price for one or more of the shoppable
or ancillary services on the list, the gross charge
for the shoppable service or ancillary service, as
applicable,
d. the de-identified minimum negotiated charge that
applies to each shoppable service included on the list
and any ancillary service,
e. the de-identified maximum negotiated charge that
applies to each shoppable service included on the list
and any ancillary service, and
f. any code used by the hospital for purposes of
accounting or billing for each shoppable service
included on the list and any ancillary service,
including the Current Procedural Terminology (CPT)
code, the Healthcare Common Procedure Coding System
Oklahoma Statutes - Title 63. Public Health and Safety Page 291
(HCPCS) code, the Diagnosis Related Group (DRG) code,
the National Drug Code (NDC), or other common
identifier; and
2. If applicable:
a. state each location at which the hospital provides the
shoppable service and whether the standard charges
included in the list apply at that location to the
provision of that shoppable service in an inpatient
setting, an outpatient department setting, or in both
of those settings, as applicable, and
b. indicate if one or more of the shoppable services
specified by the Centers for Medicare and Medicaid
Services is not provided by the hospital.
E. The list required under subsection A or C of this section,
as applicable, shall be:
1. Displayed in the manner prescribed by subsection E of
Section 3 of this act for the list required under that section;
2. Available:
a. free of charge,
b. without having to register or establish a user account
or password, and
c. without having to submit personal identifying
information;
3. Searchable by service description, billing code, and payor;
and
4. Updated in the manner prescribed by subsection G of Section
3 of this act for the list required under that section.
F. Notwithstanding any other provision of this section, a
hospital is considered to meet the requirements of this section if
the hospital maintains, as determined by the State Department of
Health, an Internet-based price estimator tool that:
1. Provides a cost estimate for each shoppable service and any
ancillary service included on the list maintained by the hospital
under subsection A of this section;
2. Allows a person to obtain an estimate of the amount the
person will be obligated to pay the hospital if the person elects to
use the hospital to provide the service; and
3. Is:
a. prominently displayed on the hospital’s publicly
accessible Internet website, and
b. accessible to the public:
(1) without charge, and
(2) without having to register or establish a user
account or password.
Added by Laws 2025, c. 298, § 4, eff. Nov. 1, 2025.
§63-1-725.15. Compliance monitoring.
Oklahoma Statutes - Title 63. Public Health and Safety Page 292
A. The State Department of Health may monitor each hospital’s
compliance with the requirements of this act using any of the
following methods:
1. Evaluating complaints made by persons to the Department
regarding noncompliance with this act;
2. Reviewing any analysis prepared regarding noncompliance with
this act; and
3. Auditing the Internet websites of hospitals for compliance
with this act.
B. If the Department determines that a hospital is not in
compliance with a provision of this act, the Department may take any
of the following actions:
1. Provide a written notice to the hospital that clearly
explains the manner in which the hospital is not in compliance with
this act;
2. Request a corrective action plan from the hospital if the
hospital has materially violated a provision of this act, as
determined under Section 6 of this act; and
3. Impose an administrative penalty on the hospital and
publicize the penalty on the Department’s Internet website if the
hospital fails to:
a. respond to the Department’s request to submit a
corrective action plan, or
b. comply with the requirements of a corrective action
plan submitted to the Department.
Added by Laws 2025, c. 298, § 5, eff. Nov. 1, 2025.
§63-1-725.16. Violations.
A. A hospital materially violates this act if the hospital
fails to publicize:
1. Pricing information as required by Section 2 of this act; or
2. The hospital’s standard charges in the form and manner
required by Sections 3 and 4 of this act.
B. If the State Department of Health determines that a hospital
has materially violated this act, the Department may issue a notice
of material violation to the hospital and request that the hospital
submit a corrective action plan. The notice shall indicate the form
and manner in which the corrective action plan shall be submitted to
the Department, and clearly state the date by which the hospital
shall submit the plan.
C. A hospital that receives a notice under subsection B of this
section shall:
1. Submit a corrective action plan in the form and manner, and
by the specified date, prescribed by the notice of violation; and
2. As soon as practicable after submission of a corrective
action plan to the Department, act to comply with the plan.
D. A corrective action plan submitted to the Department shall:
Oklahoma Statutes - Title 63. Public Health and Safety Page 293
1. Describe in detail the corrective action the hospital will
take to address any violation identified by the Department in the
notice provided under subsection B of this section; and
2. Provide a date by which the hospital will complete the
corrective action described by paragraph 1 of this subsection.
E. A corrective action plan is subject to review and approval
by the Department. After the Department reviews and approves a
hospital’s corrective action plan, the Department shall monitor and
evaluate the hospital’s compliance with the plan.
F. A hospital is considered to have failed to respond to the
Department’s request to submit a corrective action plan if the
hospital fails to submit a corrective action plan:
1. In the form and manner specified in the notice provided
under subsection B of this section; or
2. By the date specified in the notice provided under
subsection B of this section.
G. A hospital is considered to have failed to comply with a
corrective action plan if the hospital fails to address a violation
within the specified period of time contained in the plan.
Added by Laws 2025, c. 298, § 6, eff. Nov. 1, 2025.
§63-1-725.17. Noncompliance — Patient collection protections.
A. A hospital that is not in material compliance with this act
on the date that items or services are purchased from or provided to
a patient by the hospital shall not initiate or pursue collection
action against the patient or patient guarantor for a debt owed for
the items or services.
B. If a patient believes that a hospital was not in material
compliance with this act on a date on or after the effective date of
this act that items or services were purchased by or provided to the
patient, and the hospital takes a collection action against the
patient or patient guarantor, the patient or patient guarantor may
file suit to determine if the hospital was materially out of
compliance with this act on the date of service and if the
noncompliance is related to the items or services. The hospital
shall not take a collection action against the patient or patient
guarantor while the lawsuit is pending.
C. A hospital that has been found by a judge or jury to be
materially out of compliance with this act:
1. Shall refund the payor any amount of the debt the payor has
paid and shall pay a penalty to the patient or patient guarantor in
an amount equal to the total amount of the debt;
2. Shall dismiss or cause to be dismissed any court action with
prejudice and pay any reasonable attorney fees and costs incurred by
the patient or patient guarantor relating to the action; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 294
3. Shall remove or cause to be removed from the patient’s or
patient guarantor’s credit report any report made to a consumer
reporting agency relating to the debt.
D. Nothing in this act:
1. Prohibits a hospital from billing a patient, patient
guarantor, or third-party payor, including a health insurer, for
items or services provided to the patient; or
2. Requires a hospital to refund any payment made to the
hospital for items or services provided to the patient, as long as
no collection action is taken in violation of this act.
Added by Laws 2025, c. 298, § 7, eff. Nov. 1, 2025.
§63-1-727. Human cloning.
A. As used in this section, the term:
1. "Human cloning" means human asexual reproduction,
accomplished by introducing the nuclear material of a human somatic
cell into a fertilized or unfertilized oocyte whose nucleus has been
removed or inactivated to produce a living organism (at any stage of
development) with a human genetic constitution;
2. "Somatic cell" means a diploid cell (having a complete set
of chromosomes) obtained or derived from a living or deceased human
body at any stage of development;
3. "Nucleus" means the cell structure that houses the
chromosomes, and thus the genes; and
4. "Oocyte" means the female germ cell, the egg.
B. It shall be unlawful for any person or entity, public or
private, to:
1. Perform or attempt to perform human cloning;
2. Participate in an attempt to perform human cloning;
3. Ship, transfer, or receive the product of human cloning for
any purpose; or
4. Import the product of human cloning for any purpose.
C. Nothing in this section shall restrict areas of scientific
research not specifically prohibited by this section, including
research in the use of nuclear transfer or other cloning techniques
to produce molecules, DNA, cells other than human embryos, tissues,
organs, plants, or animals other than humans.
D. Any person or entity that is convicted of violating any
provision of this section shall be guilty of a misdemeanor.
Added by Laws 2009, c. 223, § 1, eff. Nov. 1, 2009.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-728. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2,
2010.
Oklahoma Statutes - Title 63. Public Health and Safety Page 295
§63-1-728.1. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April
2, 2010.
§63-1-728.2. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April
2, 2010.
§63-1-728.3. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April
2, 2010.
§63-1-728.4. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April
2, 2010.
§63-1-728.5. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April
2, 2010.
§63-1-728a. Short title.
This act shall be known and may be cited as the "Freedom of
Conscience Act".
Added by Laws 2010, c. 47, § 1, emerg. eff. April 2, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-728b. Definitions.
As used in the Freedom of Conscience Act:
1. "Health care facility" means any public or private
organization, corporation, authority, partnership, sole
proprietorship, association, agency, network, joint venture, or
other entity that is involved in providing health care services,
including a hospital, clinic, medical center, ambulatory surgical
center, private physician's office, pharmacy, nursing home,
university hospital, medical school, nursing school, medical
training facility, inpatient health care facility, or other place
where health care services are provided;
2. "Human embryo" means a human organism that is derived by
fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells;
3. "In vitro human embryo" means a human embryo, whether
cryopreserved or not, living outside of a woman's body;
4. "Participate in" means to perform, practice, engage in,
assist in, recommend, counsel in favor of, make referrals for,
prescribe, dispense, or administer drugs or devices or otherwise
promote or encourage; and
5. "Person" means any individual, corporation, industry, firm,
partnership, association, venture, trust, institution, federal,
state or local governmental instrumentality, agency or body or any
other legal entity however organized.
Oklahoma Statutes - Title 63. Public Health and Safety Page 296
Added by Laws 2010, c. 47, § 2, emerg. eff. April 2, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-728c. Prohibits employer discrimination - Applicable
circumstances.
An employer shall not discriminate against an employee or
prospective employee by refusing to reasonably accommodate the
religious observance or practice of the employee or prospective
employee, unless the employer can demonstrate that the accommodation
would pose an undue hardship on the program, enterprise, or business
of the employer, in the following circumstances:
1. An abortion as defined in Section 1-730 of Title 63 of the
Oklahoma Statutes. The provisions of this section shall not apply
if the pregnant woman suffers from a physical disorder, physical
injury, or physical illness which, as certified by a physician,
causes the woman to be in imminent danger of death unless an
abortion is immediately performed or induced and there are no other
competent personnel available to attend to the woman. As used in
this act, the term "abortion" shall not include the prescription of
contraceptives;
2. An experiment or medical procedure that destroys an in vitro
human embryo or uses cells or tissue derived from the destruction of
an in vitro human embryo;
3. An experiment or medical procedure on an in vitro human
embryo that is not related to the beneficial treatment of the in
vitro human embryo;
4. An experiment or medical procedure on a developing child in
an artificial womb, at any stage of development, that is not related
to the beneficial treatment of the developing child;
5. A procedure, including a transplant procedure, that uses
fetal tissue or organs that come from a source other than a
stillbirth or miscarriage; or
6. An act that intentionally causes or assists in causing the
death of an individual by assisted suicide, euthanasia, or mercy
killing.
Added by Laws 2010, c. 47, § 3, emerg. eff. April 2, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-728d. No requirement to admit patients - Employee refusal to
participate and immunity.
A. No health care facility is required to admit any patient or
to allow the use of the health care facility for the purpose of
performing any of the acts specified in Section 3 of this act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 297
B. A physician, physician's assistant, registered nurse,
practical nurse, pharmacist, or any employee thereof, or any other
person who is an employee of, member of, or associated with the
staff of a health care facility in which the performance of an
activity specified in Section 3 of this act has been authorized, who
in writing, refuses or states an intention to refuse to participate
in the activity on moral or religious grounds shall not be required
to participate in the activity and shall not be disciplined by the
respective licensing board or authorized regulatory department for
refusing or stating an intention to refuse to participate in the
practice with respect to the activity.
C. A physician, physician's assistant, registered nurse,
practical nurse, pharmacist, or any employee thereof, or any other
person who is an employee of, member of, or associated with the
staff of a health care facility is immune from liability for any
damage caused by the refusal of the person to participate in an
activity specified in Section 3 of this act on moral or religious
grounds.
Added by Laws 2010, c. 47, § 4, emerg. eff. April 2, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-728e. Discrimination - Circumstances - Prohibitions.
A. No health care facility, school, or employer shall
discriminate against any person with regard to admission, hiring or
firing, tenure, term, condition, or privilege of employment, student
status, or staff status on the ground that the person refuses or
states an intention to refuse, whether or not in writing, to
participate in an activity specified in Section 3 of this act, if
the refusal is based on religious or moral precepts.
B. No person shall be required to:
1. Participate in an activity specified in Section 3 of this
act if the individual's participation in the activity is contrary to
the person's religious beliefs or moral convictions;
2. Make facilities available for an individual to participate
in an activity specified in Section 3 of this act if the person
prohibits the activity from taking place in the facilities on the
basis of religious beliefs or moral convictions; or
3. Provide any personnel to participate in an activity
specified in Section 3 of this act if the activity is contrary to
the religious beliefs or moral convictions of the personnel.
Added by Laws 2010, c. 47, § 5, emerg. eff. April 2, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 298
§63-1-728f. Ability to sue - Damages.
A. For the purposes of this section, "damages" do not include
noneconomic damages, as defined in Section 1-1708.1C of Title 63 of
the Oklahoma Statutes.
B. A person who is adversely affected by conduct that is in
violation of the Freedom of Conscience Act may bring a civil action
for equitable relief, including reinstatement or damages, or both
reinstatement and damages. An action under this subsection may be
commenced against the state and any office, department, independent
agency, authority, institution, association, or other body in state
government created or authorized to be created by the state
constitution or any law. In an action under this subsection, the
court shall award reasonable attorney fees to a person who obtains
equitable relief, damages, or both. An action under this subsection
shall be commenced within one (1) year after the cause of action
accrues or be barred.
Added by Laws 2010, c. 47, § 6, emerg. eff. April 2, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-729. Repealed by Laws 2010, c. 48, § 2, emerg. eff. April 2,
2010.
§63-1-729.1. Physician presence for abortion-inducing drugs.
When RU-486 (mifepristone) or any other drug or chemical is used
for the purpose of performing or inducing an abortion, the physician
who is prescribing, dispensing, or otherwise providing the drug or
chemical shall be physically present, in person, in the same room as
the patient when the drug or chemical is first provided to the
patient.
Added by Laws 2012, c. 170, § 1, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-729.2. Violation of act - Penalties.
Any person who knowingly or recklessly violates this act shall
be guilty of a felony. No penalty may be assessed against the
female upon whom the abortion is performed or induced or attempted
to be performed or induced.
Added by Laws 2012, c. 170, § 2, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 299
§63-1-729.3. Civil actions - Damages and injunctive relief - Civil
contempt.
A. Any person who knowingly or recklessly violates a provision
of this act shall be liable for damages as provided in this section
and may be enjoined from such acts in accordance with this section
in an appropriate court.
B. Any female upon whom an abortion has been performed or
induced, the father of the unborn child who was the subject of the
abortion if the father was married to the woman who received the
abortion at the time the abortion was performed or induced, or a
maternal grandparent of the unborn child may maintain an action
against the person who performed or induced the abortion in knowing
or reckless violation of this act for actual and punitive damages.
Any female upon whom an abortion has been attempted to be performed
or induced in knowing or reckless violation of this act may maintain
an action against the person who attempted to perform or induce the
abortion for actual and punitive damages.
C. If a judgment is rendered in favor of the plaintiff in any
action described in this section, the court shall also render
judgment for a reasonable attorney fee in favor of the plaintiff
against the defendant. If a judgment is rendered in favor of the
defendant and the court finds that the plaintiff's suit was
frivolous and brought in bad faith, the court shall also render
judgment for a reasonable attorney fee in favor of the defendant
against the plaintiff.
D. A cause of action for injunctive relief against any person
who has knowingly or recklessly violated this act may be maintained
by:
1. The female upon whom an abortion was performed or induced or
attempted to be performed or induced in violation of this act;
2. Any person who is the spouse, parent, sibling or guardian
of, or a current or former licensed health care provider of, the
female upon whom an abortion has been performed or induced or
attempted to be performed or induced in violation of this act;
3. A district attorney with appropriate jurisdiction; or
4. The Attorney General.
The injunction shall prevent the abortion provider from performing
or inducing further abortions in violation of this act in the State
of Oklahoma.
E. Any person who knowingly or recklessly violates the terms of
an injunction issued in accordance with this act shall be subject to
civil contempt, and shall be fined Ten Thousand Dollars ($10,000.00)
for the first violation, Fifty Thousand Dollars ($50,000.00) for the
second violation, One Hundred Thousand Dollars ($100,000.00) for the
third violation and for each succeeding violation an amount in
excess of One Hundred Thousand Dollars ($100,000.00) sufficient to
deter future violations. The fines shall be the exclusive penalties
Oklahoma Statutes - Title 63. Public Health and Safety Page 300
for such contempt. Each performance or induction or attempted
performance or induction of an abortion in violation of the terms of
an injunction is a separate violation. These fines shall be
cumulative. However, no fine may be assessed against the woman on
whom an abortion was performed or induced or was attempted to be
performed or induced.
F. A physician who performed or induced an abortion or
attempted to perform or induce an abortion in violation of this act
shall be considered to have engaged in unprofessional conduct for
which his or her license to practice medicine in the State of
Oklahoma may be suspended or revoked by the State Medical Board of
Licensure and Supervision or the State Board of Osteophathic
Examiners.
Added by Laws 2012, c. 170, § 3, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-729.4. Anonymity of woman upon whom abortion is performed.
In every proceeding or action brought under this act, the
anonymity of any woman upon whom an abortion is performed or induced
or attempted to be performed or induced shall be preserved from
public disclosure unless she gives her consent to such disclosure.
The court, upon motion or sua sponte, shall issue orders to the
parties, witnesses, and counsel and shall direct the sealing of the
record and exclusion of individuals from courtrooms or hearing rooms
to the extent necessary to safeguard her identity from public
disclosure. In the absence of written consent of the woman upon
whom an abortion has been performed or induced or has been attempted
to be performed or induced, anyone who brings an action under
Section 3 of this act shall do so under a pseudonym.
Added by Laws 2012, c. 170, § 4, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-729.5. Immunity from civil action.
No pregnant female who obtains or possesses RU-486
(mifepristone) or any other drug or chemical for the purpose of
performing or inducing an abortion to terminate her own pregnancy
shall be subject to any action brought under Section 3 of this act.
Added by Laws 2012, c. 170, § 5, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-729.6. Interpretation of act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 301
Nothing in this act shall be construed as creating or
recognizing a right to abortion.
Added by Laws 2012, c. 170, § 6, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-729.7. Severability of act.
If any one or more provision, section, subsection, sentence,
clause, phrase or word of this act or the application hereof to any
person or circumstance is found to be unconstitutional, the same is
hereby declared to be severable and the balance of this act shall
remain effective notwithstanding such unconstitutionality. The
Legislature hereby declares that it would have passed this act, and
each provision, section, subsection, sentence, clause, phrase or
word thereof, irrespective of the fact that any one or more
provision, section, subsection, sentence, clause, phrase, or word be
declared unconstitutional.
Added by Laws 2012, c. 170, § 7, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-729a. Sale or distribution of RU-486.
A. The Legislature finds that:
1. The U.S. Food and Drug Administration (FDA) approved the
drug mifepristone (brand name "Mifeprex"), a first-generation
[selective] progesterone receptor modulator ([S]PRM), as an
abortion-inducing drug with a specific gestation, dosage, and
administration protocol;
2. The FDA approved mifepristone (brand name Mifeprex) under
the rubric of 21 C.F.R., Section 314.520, also referred to as
"Subpart H", which is the only FDA approval process that allows for
postmarketing restrictions. Specifically, the Code of Federal
Regulations (CFR) provides for accelerated approval of certain drugs
that are shown to be effective but "can be safely used only if
distribution or use is restricted";
3. The FDA does not treat Subpart H drugs in the same manner as
drugs which undergo the typical approval process;
4. As approved by the FDA, and as outlined in the Mifeprex
final printed labeling (FPL), an abortion by mifepristone consists
of three two-hundred-milligram tablets of mifepristone taken orally,
followed by two two-hundred-microgram tablets of misoprostol taken
orally, through forty-nine (49) days LMP (a gestational measurement
using the first day of the woman's "last menstrual period" as a
marker). The patient is to return for a follow-up visit in order to
confirm that the abortion has been completed. This FDA-approved
Oklahoma Statutes - Title 63. Public Health and Safety Page 302
protocol is referred to as the "Mifeprex regimen" or the "RU-486
regimen";
5. The aforementioned procedure requires three office visits by
the patient, and the dosages may only be administered in a clinic,
medical office, or hospital and under supervision of a physician;
6. The Mifeprex final printed labeling (FPL) outlines the FDA-
approved dosage and administration of both drugs in the Mifeprex
regimen, namely mifepristone and misoprostol;
7. When the FDA approved the Mifeprex regimen under Subpart H,
it did so with certain restrictions. For example, the distribution
and use of the Mifeprex regimen must be under the supervision of a
physician who has the ability to assess the duration of pregnancy,
diagnose ectopic pregnancies, and provide surgical intervention (or
has made plans to provide surgical intervention through other
qualified physicians);
8. One of the restrictions imposed by the FDA as part of its
Subpart H approval is a written agreement that must be signed by
both the physician and patient. In that agreement, the woman
attests to the following, among other statements:
a. "I believe I am no more than 49 days (7 weeks)
pregnant",
b. "I understand that I will take misoprostol in my
provider's office two days after I take Mifeprex (Day
3)", and
c. "I will do the following: return to my provider's
office in two days (Day 3) to check if my pregnancy
has ended. My provider will give me misoprostol if I
am still pregnant";
9. The FDA concluded that available medical data did not
support the safety of home use of misoprostol, and it specifically
rejected information in the Mifeprex final printed labeling (FPL) on
self-administering misoprostol at home;
10. The use of abortion-inducing drugs presents significant
medical risks to women, including but not limited to abdominal pain,
cramping, vomiting, headache, fatigue, uterine hemorrhage, viral
infections, and pelvic inflammatory disease;
11. Abortion-inducing drugs are associated with an increased
risk of complications relative to surgical abortion. The risk of
complications increases with advancing gestational age, and, in the
instance of the Mifeprex regimen, with failure to complete the two-
step dosage process;
12. In July 2011, the FDA reported 2,207 adverse events in the
United States after women used abortion-inducing drugs. Among those
were 14 deaths, 612 hospitalizations, 339 blood transfusions, and
256 infections (including 48 "severe infections");
13. "Off-label" or so-called "evidence-based" use of abortion-
inducing drugs may be deadly. To date, fourteen women have
Oklahoma Statutes - Title 63. Public Health and Safety Page 303
reportedly died after administering abortion-inducing drugs, with
eight deaths attributed to severe bacterial infection. All eight of
those women administered the drugs in an "off-label" or "evidence-
based" manner advocated by many abortion providers. The FDA has
received no reports of women dying from bacterial infection
following administration according to the FDA-approved protocol for
the Mifeprex regimen. The FDA has not been able to conclude one way
or another whether off-label use led to the eight deaths;
14. Medical evidence demonstrates that women who utilize
abortion-inducing drugs incur more complications than those who have
surgical abortions;
15. Based on the foregoing findings, it is the purpose of this
act to:
a. protect women from the dangerous and potentially
deadly off-label use of abortion-inducing drugs, and
b. ensure that physicians abide by the protocol approved
by the FDA for the administration of abortion-inducing
drugs, as outlined in the drugs' final printed
labeling (FPL); and
16. In response to the Oklahoma Supreme Court's decision in
Cline v. Oklahoma Coalition for Reproductive Justice (No. 111,939),
in which the Oklahoma Supreme Court determined, in contravention of
this Legislature's intent, that this act prohibits all uses of
misoprostol for chemical abortion and prohibits the use of
methotrexate in treating ectopic pregnancies, it is also the purpose
of this act to legislatively overrule the decision of the Oklahoma
Supreme Court and ensure that should such questions be presented
before that Court in the future it will reach the proper result that
this act does not ban use of misoprostol in chemical abortion (and
allows it as part of the FDA-approved Mifeprex regimen) nor prevent
the off-label use of drugs for the treatment of ectopic pregnancy.
B. As used in this section:
1. "Abortion-inducing drug" means a medicine, drug, or any
other substance prescribed or dispensed with the intent of inducing
an abortion. This includes off-label use of drugs known to have
abortion-inducing properties, which are prescribed specifically with
the intent of causing an abortion, such as misoprostol (Cytotec),
and methotrexate. This definition does not apply to drugs that may
be known to cause an abortion, but which are prescribed for other
medical indications, such as chemotherapeutic agents or diagnostic
drugs, or for treatment of an ectopic pregnancy;
2. "Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device intentionally to
terminate the pregnancy of a female known to be pregnant with an
intention other than to increase the probability of a live birth, to
preserve the life or health of the child after live birth, to remove
an ectopic pregnancy, or to remove a dead unborn child who died as
Oklahoma Statutes - Title 63. Public Health and Safety Page 304
the result of a spontaneous miscarriage, accidental trauma, or a
criminal assault on the pregnant female or her unborn child;
3. "Drug label" or "drug's label" means the pamphlet
accompanying an abortion-inducing drug which outlines the protocol
authorized by the U.S. Food and Drug Administration (FDA) and agreed
upon by the drug company applying for FDA authorization of that
drug. Also known as "final printed labeling (FPL)" or referred to
as the "FDA-approved label", it is the FDA-approved document which
delineates how a drug is to be used according to the FDA approval;
4. "Mifeprex regimen" means the abortion-inducing drug regimen
that is described in the FDA-approved Mifeprex final printed
labeling, and which involves administration of mifepristone (brand
name "Mifeprex") and misoprostol. It is the only abortion-inducing
drug regimen approved by the FDA, and it does not include any dosage
or administration not explicitly approved in Mifeprex final printed
labeling. It is also commonly referred to as the "RU-486 regimen"
or simply "RU-486";
5. "Mifepristone" means the first drug used in the Mifeprex
regimen;
6. "Misoprostol" means the second drug used in the Mifeprex
regimen;
7. "Personal identifying information" means any information
designed to identify a person and any information commonly used or
capable of being used alone or in conjunction with any other
information to identify a person; and
8. "Physician" means a doctor of medicine or osteopathy legally
authorized to practice medicine in the state.
C. No person shall knowingly or recklessly give, sell,
dispense, administer, prescribe, or otherwise provide an abortion-
inducing drug, including the Mifeprex regimen, unless the person who
gives, sells, dispenses, administers, prescribes, or otherwise
provides the abortion-inducing drug is a physician who:
1. Has the ability to assess the duration of the pregnancy
accurately;
2. Has the ability to diagnose ectopic pregnancies;
3. Has the ability to provide surgical intervention in cases of
incomplete abortion or severe bleeding, or has made and documented
in the patient's medical record plans to provide such care through
other qualified physicians; and
4. Is able to assure patient access to medical facilities
equipped to provide blood transfusions and resuscitation, if
necessary.
D. No physician who provides an abortion-inducing drug,
including the Mifeprex regimen, shall knowingly or recklessly fail
to provide or prescribe the drug according to the protocol
authorized by the U.S. Food and Drug Administration and as outlined
in the FDA-approved label. In the specific case of the Mifeprex
Oklahoma Statutes - Title 63. Public Health and Safety Page 305
regimen, the Mifeprex label includes the FDA-approved dosage and
administration instructions for both mifepristone (brand name
Mifeprex) and misoprostol, and any provision accomplished according
to that labeling is not prohibited.
E. No physician who provides an abortion-inducing drug,
including the Mifeprex regimen, shall knowingly or recklessly fail
to:
1. Provide each patient with a copy of the drug manufacturer's
medication guide and drug label for the drug(s) being used; when the
Mifeprex regimen is being utilized, this requirement is satisfied so
long as the patient is provided the FDA-approved Mifeprex medication
guide and final printed labeling;
2. Fully explain the procedure to the patient, including, but
not limited to, explaining that the drug is being used in accordance
with the protocol authorized by the U.S. Food and Drug
Administration and as outlined in the drug label for the abortion-
inducing drug;
3. Provide the female with a copy of the drug manufacturer's
patient agreement and obtain the patient's signature on the patient
agreement;
4. Sign the patient agreement; and
5. Record the drug manufacturer's package serial number in the
patient's medical record.
F. Because the failure and complications rates from abortion-
inducing drugs increase with increasing gestational age, and because
the physical symptoms of an abortion induced by drugs can be
identical to the symptoms of ectopic pregnancy, thereby increasing
the risk of ruptured ectopic pregnancy, the physician giving,
selling, dispensing, administering, or otherwise providing or
prescribing the abortion-inducing drug shall first examine the woman
and document, in the woman's medical chart, gestational age and
intrauterine location of the pregnancy prior to giving, selling,
dispensing, administering, or otherwise providing or prescribing the
abortion-inducing drug.
G. An abortion-inducing drug must be administered in the same
room and in the physical presence of the physician who prescribed,
dispensed, or otherwise provided the drug to the patient. The
physician inducing the abortion, or a person acting on behalf of the
physician inducing the abortion, shall schedule the patient for a
follow-up appointment and make all reasonable efforts to ensure that
the patient returns twelve (12) to eighteen (18) days after the
administration or use of the abortion-inducing drug for a follow-up
visit so that the physician can confirm that the pregnancy has been
terminated and assess the patient's medical condition. A brief
description of the efforts made to comply with this subsection,
including the date, time, and identification by name of the person
Oklahoma Statutes - Title 63. Public Health and Safety Page 306
making such efforts, shall be included in the patient's medical
record.
H. 1. If a physician provides an abortion-inducing drug and
knows that the female who uses the abortion-inducing drug
experiences within one (1) year after the use of the abortion-
inducing drug an incomplete abortion, severe bleeding, or an adverse
reaction to the abortion-inducing drug or is hospitalized, receives
a transfusion, or experiences any other serious event, the physician
shall, as soon as is practicable, but in no case more than sixty
(60) days after the physician learns of the adverse reaction or
serious event, provide a written report of the incomplete abortion,
severe bleeding, adverse reaction, hospitalization, transfusion, or
serious event to the drug manufacturer. If the physician is a
doctor of medicine, the physician shall simultaneously provide a
copy of the report to the State Board of Medical Licensure and
Supervision. If the physician is a doctor of osteopathy, the
physician shall simultaneously provide a copy of the report to the
State Board of Osteopathic Examiners. The relevant Board shall
compile and retain all reports it receives pursuant to this
subsection. All reports the relevant Board receives under this
subsection are public records open to inspection pursuant to the
Oklahoma Open Records Act; however, absent an order by a court of
competent jurisdiction, neither the drug manufacturer nor the
relevant Board shall release the name or any other personal
identifying information regarding a person who uses or provides the
abortion-inducing drug for the purpose of inducing an abortion and
who is the subject of a report the drug manufacturer or the relevant
Board receives under this subsection.
2. No physician who provides an abortion-inducing drug to a
pregnant female shall knowingly or recklessly fail to file a report
required under paragraph 1 of this subsection. Knowing or reckless
failure to comply with this subsection shall subject the physician
to sanctioning by the licensing board having administrative
authority over such physician.
I. Any female upon whom an abortion has been performed, the
father of the unborn child who was the subject of the abortion if
the father was married to the woman who received the abortion at the
time the abortion was performed, or a maternal grandparent of the
unborn child may maintain an action against the person who performed
the abortion in knowing or reckless violation of this section for
actual and punitive damages. Any female upon whom an abortion has
been attempted in knowing or reckless violation of this section may
maintain an action against the person who attempted to perform the
abortion for actual and punitive damages.
J. If a judgment is rendered in favor of the plaintiff in any
action described in this section, the court shall also render
judgment for a reasonable attorney fee in favor of the plaintiff
Oklahoma Statutes - Title 63. Public Health and Safety Page 307
against the defendant. If a judgment is rendered in favor of the
defendant and the court finds that the plaintiff's suit was
frivolous and brought in bad faith, the court shall also render
judgment for a reasonable attorney fee in favor of the defendant
against the plaintiff.
K. No pregnant female who obtains or possesses an abortion-
inducing drug to terminate her own pregnancy shall be subject to any
action brought under subsection I of this section.
L. If some or all of the language in this section is ever
temporarily or permanently restrained or enjoined by judicial order,
then this section shall be enforced as though such restrained or
enjoined provisions had not been adopted; provided, however, that
whenever such temporary or permanent restraining order or injunction
is stayed or dissolved, or otherwise ceases to have effect, such
provisions shall have full force and effect.
Added by Laws 2010, c. 48, § 1, emerg. eff. April 2, 2010. Amended
by Laws 2011, c. 216, § 1, eff. Nov. 1, 2011; Laws 2014, c. 121, §
1, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-730. Definitions.
A. As used in this article:
1. "Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device intentionally to
terminate the pregnancy of a female known to be pregnant with an
intention other than to increase the probability of a live birth, to
preserve the life or health of the child after live birth, to remove
an ectopic pregnancy, or to remove a dead unborn child who died as
the result of a spontaneous miscarriage, accidental trauma, or a
criminal assault on the pregnant female or her unborn child;
2. "Attempt to perform an abortion" means an act, or an
omission of a statutorily required act, that under the circumstances
as the actor believes them to be constitutes a substantial step in a
course of conduct planned to culminate in the performance of an
abortion;
3. "Certified technician" means a Registered Diagnostic Medical
Sonographer who is certified in obstetrics and gynecology by the
American Registry for Diagnostic Medical Sonography (ARDMS) or a
Nurse Midwife or Advance Practice Nurse Practitioner in Obstetrics
with certification in obstetrical ultrasonography;
4. "Unborn child" or "unborn person" means the unborn offspring
of human beings from the moment of conception, through pregnancy,
and until live birth including the human conceptus, zygote, morula,
blastocyst, embryo and fetus;
Oklahoma Statutes - Title 63. Public Health and Safety Page 308
5. "Unemancipated minor" means any person less than eighteen
(18) years of age who is not or has not been married or who is under
the care, custody, and control of the person's parent or parents,
guardian, or juvenile court of competent jurisdiction;
6. "Viable" means potentially able to live outside of the womb
of the mother upon premature birth, whether resulting from natural
causes or an abortion;
7. "Conception" means the fertilization of the ovum of a female
individual by the sperm of a male individual;
8. "Health" means physical or mental health;
9. "Department" means the State Department of Health; and
10. "Inducing an abortion" means the administration by any
person, including the pregnant woman, of any substance designed or
intended to cause an expulsion of the unborn child, effecting an
abortion as defined above.
B. Nothing contained herein shall be construed in any manner to
include any contraceptive device or medication or sterilization
procedure.
Added by Laws 1978, c. 207, § 2, eff. Oct. 1, 1978. Amended by Laws
2007, c. 161, § 1, eff. Nov. 1, 2007; Laws 2009, c. 227, § 1, eff.
Nov. 1, 2009; Laws 2020, c. 149, § 3, eff. Nov. 1, 2020.
NOTE: Laws 2007, c. 161 was presented to the Governor and became
law without his signature pursuant to § 11 of Article VI of the
Oklahoma Constitution. It was filed in the Office of the Secretary
of State on May 24, 2007.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-731. Persons who may perform abortions - Violations.
A. No person shall perform or induce an abortion upon a
pregnant woman unless that person is a physician licensed to
practice medicine in the State of Oklahoma who is board-certified in
obstetrics and gynecology. Any person violating this section shall
be guilty of a Class D2 felony offense punishable by imprisonment
for not less than one (1) year nor more than three (3) years in the
custody of the Department of Corrections.
B. No person shall perform or induce an abortion upon a
pregnant woman subsequent to the end of the first trimester of her
pregnancy, unless such abortion is performed or induced in a general
hospital.
Added by Laws 1978, c. 207, § 3, eff. Oct. 1, 1978. Amended by Laws
1997, c. 133, § 523, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c.
5, § 379, eff. July 1, 1999; Laws 2021, c. 211, § 1, eff. Nov. 1,
2021; Laws 2025, c. 486, § 600, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 523 from July 1, 1998, to July 1, 1999.
Oklahoma Statutes - Title 63. Public Health and Safety Page 309
NOTE: This section was amended by Laws 2021, c. 211, § 1 before
being repealed by Laws 2021, c. 308, § 1.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-731.1. Repealed by Laws 2010, c. 46, § 2, emerg. eff. April
2, 2010.
§63-1-731.2. Prohibiting certain abortions - Penalties.
A. As used in this section:
1. "Attempt to perform an abortion" means an act, or an
omission of a statutorily required act, that under the circumstances
as the actor believes them to be constitutes a substantial step in a
course of conduct planned to culminate in the performance of an
abortion; and
2. "Unemancipated minor" means any person less than eighteen
(18) years of age who is not or has not been married or who is under
the care, custody, and control of the person's parent or parents,
guardian, or juvenile court of competent jurisdiction.
B. No person shall knowingly or recklessly perform or attempt
to perform an abortion with knowledge that the pregnant female is
seeking the abortion solely on account of the sex of the unborn
child. Nothing in this section shall be construed to proscribe the
performance of an abortion because the unborn child has a genetic
disorder that is sex-linked.
C. Any person who knowingly or recklessly violates a provision
of this section shall be liable for damages as provided in this
subsection and may be enjoined from such acts in accordance with
this section in an appropriate court.
1. A cause of action for injunctive relief against any person
who has knowingly or recklessly violated a provision of this section
may be maintained by:
a. the female upon whom an abortion was performed or
attempted to be performed in violation of this
section,
b. any person who is the spouse, parent, sibling, or
guardian of, or current or former licensed health care
provider of, the female upon whom an abortion has been
performed in violation of this section,
c. a district attorney with appropriate jurisdiction, or
d. the Attorney General.
2. The injunction shall prevent the abortion provider from
performing further abortions in violation of this section in this
state.
3. Any person who knowingly violates the terms of an injunction
issued in accordance with this section shall be subject to civil
Oklahoma Statutes - Title 63. Public Health and Safety Page 310
contempt and shall be fined Ten Thousand Dollars ($10,000.00) for
the first violation, Fifty Thousand Dollars ($50,000.00) for the
second violation, and One Hundred Thousand Dollars ($100,000.00) for
the third violation and for each succeeding violation. The fines
shall be the exclusive penalties for civil contempt pursuant to this
paragraph. Each performance or attempted performance of an abortion
in violation of the terms of an injunction is a separate violation.
These fines shall be cumulative. No fine shall be assessed against
the female upon whom an abortion is performed or attempted.
4. A pregnant female upon whom an abortion has been performed
in violation of this section, or the parent or legal guardian of the
female if she is an unemancipated minor, may commence a civil action
against the abortion provider for any knowing or reckless violation
of this section for actual and punitive damages.
D. An abortion provider who knowingly or recklessly performed
an abortion in violation of this section shall be considered to have
engaged in unprofessional conduct for which the certificate or
license of the provider to provide health care services in this
state shall be suspended or revoked by the State Board of Medical
Licensure and Supervision or the State Board of Osteopathic
Examiners.
E. In every proceeding or action brought under this section,
the anonymity of any female upon whom an abortion is performed or
attempted shall be preserved unless she gives her consent to such
disclosure. The court, upon motion or sua sponte, shall issue
orders to the parties, witnesses, and counsel and shall direct the
sealing of the record and exclusion of individuals from courtrooms
or hearing rooms to the extent necessary to safeguard the female's
identity from public disclosure. In the absence of written consent
of the female upon whom an abortion has been performed or attempted,
anyone who brings an action under subsection B of this section shall
do so under a pseudonym.
Added by Laws 2010, c. 46, § 1, emerg. eff. April 2, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-731.3. Detectable heartbeat – Abortion prohibited.
A. No person shall perform or induce an abortion upon a
pregnant woman without first detecting whether or not her unborn
child has a heartbeat. No person shall perform or induce an
abortion upon a pregnant woman after such time as her unborn child
has been determined to have a detectable heartbeat except if, in
reasonable medical judgment, she has a condition that so complicates
her medical condition that it necessitates the abortion of her
pregnancy to avert her death or to avert serious risk of substantial
and irreversible physical impairment of a major bodily function, not
Oklahoma Statutes - Title 63. Public Health and Safety Page 311
including psychological or emotional conditions. No such condition
may be determined to exist if it is based on a claim or diagnosis
that the woman will engage in conduct which she intends to result in
her death or in substantial and irreversible physical impairment of
a major bodily function.
B. A "detectable heartbeat" shall mean embryonic or fetal
cardiac activity or the steady or repetitive rhythmic contract of
the heart within the gestational sac.
C. "Reasonable medical judgment" means a medical judgment that
would be made by a reasonably prudent physician, knowledgeable about
the case and the treatment possibilities with respect to the medical
conditions involved.
D. Any person violating subsection A of this section shall be
guilty of homicide.
Added by Laws 2021, c. 219, § 1, eff. Nov. 1, 2021.
§63-1-731.4. Abortion prohibited – Exception - Penalties.
A. As used in this section:
1. The terms "abortion" and "unborn child" shall have the same
meaning as provided by Section 1-730 of Title 63 of the Oklahoma
Statutes; and
2. "Medical emergency" means a condition which cannot be
remedied by delivery of the child in which an abortion is necessary
to preserve the life of a pregnant woman whose life is endangered by
a physical disorder, physical illness or physical injury including a
life-endangering physical condition caused by or arising from the
pregnancy itself.
B. 1. Notwithstanding any other provision of law, a person
shall not purposely perform or attempt to perform an abortion except
to save the life of a pregnant woman in a medical emergency.
2. A person convicted of performing or attempting to perform an
abortion shall be guilty of a felony punishable by a fine not to
exceed One Hundred Thousand Dollars ($100,000.00), or by confinement
in the custody of the Department of Corrections for a term not to
exceed ten (10) years, or by such fine and imprisonment.
3. This section does not:
a. authorize the charging or conviction of a woman with
any criminal offense in the death of her own unborn
child, or
b. prohibit the sale, use, prescription or administration
of a contraceptive measure, drug or chemical if the
contraceptive measure, drug or chemical is
administered before the time when a pregnancy could be
determined through conventional medical testing and if
the contraceptive measure, drug or chemical is sold,
used, prescribed or administered in accordance with
manufacturer instructions.
Oklahoma Statutes - Title 63. Public Health and Safety Page 312
4. It is an affirmative defense to prosecution under this
section if a licensed physician provides medical treatment to a
pregnant woman which results in the accidental or unintentional
injury or death to the unborn child.
Added by Laws 2022, c. 11, § 1.
§63-1-732. Viable fetus - Grounds to abort - Procedure.
A. No person shall perform or induce an abortion upon a
pregnant woman after such time as her unborn child has become viable
unless such abortion is necessary to prevent the death of the
pregnant woman or to prevent impairment to her health.
B. An unborn child shall be presumed to be viable if more than
twenty-four (24) weeks have elapsed since the probable beginning of
the last menstrual period of the pregnant woman, based upon either
information provided by her or by an examination by her attending
physician. If it is the judgment of the attending physician that a
particular unborn child is not viable where the presumption of
viability exists as to that particular unborn child, then he shall
certify in writing the precise medical criteria upon which he has
determined that the particular unborn child is not viable before an
abortion may be performed or induced.
C. No abortion of a viable unborn child shall be performed or
induced except after written certification by the attending
physician that in his best medical judgment the abortion is
necessary to prevent the death of the pregnant woman or to prevent
an impairment to her health. The physician shall further certify in
writing the medical indications for such abortion and the probable
health consequences if the abortion is not performed or induced.
D. The physician who shall perform or induce an abortion upon a
pregnant woman after such time as her unborn child has become viable
shall utilize the available method or technique of abortion most
likely to preserve the life and health of the unborn child, unless
he shall first certify in writing that in his best medical judgment
such method or technique shall present a significantly greater
danger to the life or health of the pregnant woman than another
available method or technique.
E. An abortion of a viable unborn child shall be performed or
induced only when there is in attendance a physician other than the
physician performing or inducing the abortion who shall take control
of and provide immediate medical care for the child. During the
performance or inducing of the abortion, the physician performing
it, and subsequent to it, the physician required by this section to
be in attendance, shall take all reasonable steps in keeping with
good medical practice, consistent with the procedure used, to
preserve the life and health of the child, in the same manner as if
the child had been born naturally or spontaneously. The requirement
of the attendance of a second physician may be waived when in the
Oklahoma Statutes - Title 63. Public Health and Safety Page 313
best judgment of the attending physician a medical emergency exists
and further delay would result in a serious threat to the life or
physical health of the pregnant woman. Provided that, under such
emergency circumstances and waiver, the attending physician shall
have the duty to take all reasonable steps to preserve the life and
health of the child before, during and after the abortion procedure,
unless such steps shall, in the best medical judgment of the
physician, present a significantly greater danger to the life or
health of the pregnant woman.
F. Any person violating subsection A of this section shall be
guilty of homicide.
Added by Laws 1978, c. 207, § 4, eff. Oct. 1, 1978. Amended by Laws
1997, c. 133, § 524, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 524 from July 1, 1998, to July 1, 1999.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-733. Self-induced abortions.
No woman shall perform or induce an abortion upon herself,
except under the supervision of a duly licensed physician. Any
physician who supervises a woman in performing or inducing an
abortion upon herself shall fulfill all the requirements of this
article which apply to a physician performing or inducing an
abortion. Any person violating the provisions of this section shall
be guilty of a Class D2 felony offense.
Added by Laws 1978, c. 207, § 5, eff. Oct. 1, 1978. Amended by Laws
1997, c. 133, § 525, eff. July 1, 1999; Laws 2025, c. 486, § 601,
eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 525 from July 1, 1998, to July 1, 1999.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-734. Live-born fetus - Care and treatment.
A. No person shall purposely take the life of a child born as a
result of an abortion or attempted abortion which is alive when
partially or totally removed from the uterus of the pregnant woman.
B. No person shall purposely take the life of a viable child
who is alive while inside the uterus of the pregnant woman and may
be removed alive therefrom without creating any significant danger
to her life or health.
C. Any person who performs, induces, or participates in the
performance or inducing of an abortion shall take all reasonable
measures to preserve the life of a child who is alive when partially
Oklahoma Statutes - Title 63. Public Health and Safety Page 314
or totally removed from the uterus of the pregnant woman, so long as
the measures do not create any significant danger to her life or
health.
D. Any person violating this section shall be guilty of
homicide.
Added by Laws 1978, c. 207, § 6, eff. Oct. 1, 1978. Amended by Laws
1997, c. 133, § 526, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 526 from July 1, 1998, to July 1, 1999.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-735. Sale of child, unborn child or remains of child -
Experiments.
A. No person shall sell a child, an unborn child or the remains
of a child or an unborn child resulting from an abortion. No person
shall experiment upon a child or an unborn child resulting from an
abortion or which is intended to be aborted unless the
experimentation is therapeutic to the child or unborn child.
B. No person shall experiment upon the remains of a child or an
unborn child resulting from an abortion. The term "experiment" does
not include autopsies performed according to law.
Added by Laws 1978, c. 207, § 7, eff. Oct. 1, 1978.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-736. Hospitals - Advertising of counseling to pregnant women.
No hospital in which abortions are performed or induced shall
advertise or hold itself out as also providing counseling to
pregnant women, unless:
1. The counseling is done by a licensed physician, a licensed
registered nurse or by a person holding at least a bachelor's degree
from an accredited college or university in psychology or some
similarly appropriate field;
2. The counseling includes factual information, including
explicit discussion of the development of the unborn child; and
3. The counseling includes a thorough discussion of the
alternatives to abortion and the availability of agencies and
services to assist her if she chooses not to have an abortion.
Laws 1978, c. 207, § 8, eff. Oct. 1, 1978.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737. Hospitals which may perform abortions.
Oklahoma Statutes - Title 63. Public Health and Safety Page 315
An abortion otherwise permitted by law shall be performed only
in a hospital, as defined in this article, which meets standards set
by the Department. The Department shall develop and promulgate
reasonable standards relating to abortions.
Added by Laws 1978, c. 207, § 9, eff. Oct. 1, 1978.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737.1. Repealed by Laws 2010, c. 163, § 4, emerg. eff. April
22, 2010.
§63-1-737.2. Repealed by Laws 2010, c. 163, § 4, emerg. eff. April
22, 2010.
§63-1-737.3. Repealed by Laws 2010, c. 163, § 4, emerg. eff. April
22, 2010.
§63-1-737.4. Required signage in abortion facilities.
A. Any private office, freestanding outpatient clinic, or other
facility or clinic in which abortions, other than abortions
necessary to prevent the death of the pregnant female, are
performed, induced, prescribed for, or where the means for an
abortion are provided shall conspicuously post a sign in a location
defined in subsection C of this section so as to be clearly visible
to patients, which reads:
Notice: It is against the law for anyone, regardless of his or
her relationship to you, to force you to have an abortion. By
law, we cannot perform, induce, prescribe for, or provide you
with the means for an abortion unless we have your freely given
and voluntary consent. It is against the law to perform,
induce, prescribe for, or provide you with the means for an
abortion against your will. You have the right to contact any
local or state law enforcement agency to receive protection from
any actual or threatened physical abuse or violence.
There are public and private agencies willing and able to help
you carry your child to term, have a healthy pregnancy and a
healthy baby and assist you and your child after your child is
born, whether you choose to keep your child or place him or her
for adoption. The State of Oklahoma strongly encourages you to
contact them if you are pregnant.
B. The sign required pursuant to subsection A of this section
shall be printed with lettering that is legible and shall be at
least three-quarters-of-an-inch boldfaced type.
C. A facility in which abortions are performed, induced,
prescribed for, or where the means for an abortion are provided that
is a private office or a freestanding outpatient clinic shall post
Oklahoma Statutes - Title 63. Public Health and Safety Page 316
the required sign in each patient waiting room and patient
consultation room used by patients on whom abortions are performed,
induced, prescribed for, or who are provided with the means for an
abortion. A hospital or any other facility in which abortions are
performed, induced, prescribed for, or where the means for an
abortion are provided that is not a private office or freestanding
outpatient clinic shall post the required sign in each patient
admission area used by patients on whom abortions are performed,
induced, prescribed for, or by patients who are provided with the
means for an abortion.
Added by Laws 2010, c. 163, § 1, emerg. eff. April 22, 2010.
Amended by Laws 2017, c. 123, § 1, eff. July 1, 2017.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737.5. Failure to post signage in abortion facilities – Fine
– Cause of action.
A. Any private office, freestanding outpatient clinic or other
facility or clinic that fails to post a required sign in knowing,
reckless, or negligent violation of this act shall be assessed an
administrative fine of Ten Thousand Dollars ($10,000.00). Each day
on which an abortion, other than an abortion necessary to prevent
the death of the pregnant female, is performed, induced, prescribed
for, or where the means for an abortion are provided in a private
office, freestanding outpatient clinic or other facility or clinic
in which the required sign is not posted during any portion of
business hours when patients or prospective patients are present is
a separate violation.
B. An action may be brought by or on behalf of an individual
injured by the failure to post the required sign. A plaintiff in an
action under this subsection may recover damages for emotional
distress and any other damages allowed by law.
C. The sanctions and actions provided in this section shall not
displace any sanction applicable under other law.
Added by Laws 2010, c. 163, § 2, emerg. eff. April 22, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737.6. Orally inform minors in abortion facilities – Minor
certification.
A. If the pregnant female is a minor, the attending physician
shall orally inform the female that no one can force her to have an
abortion and that an abortion cannot be performed, induced,
prescribed for, or that the means for an abortion cannot be provided
Oklahoma Statutes - Title 63. Public Health and Safety Page 317
unless she provides her freely given, voluntary, and informed
consent.
B. The minor female shall certify in writing, prior to the
performance of, induction of, receiving the prescription for, or
provision of the means for the abortion, that she was informed by
the attending physician of the required information in subsection A
of this section. A copy of the written certification shall be
placed in the minor’s file and kept for at least seven (7) years or
for five (5) years after the minor reaches the age of majority,
whichever is greater.
Added by Laws 2010, c. 163, § 3, emerg. eff. April 22, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737.7. Short title - Oklahoma Unborn Child Protection from
Dismemberment Abortion Act.
This act shall be known and may be cited as the "Oklahoma Unborn
Child Protection from Dismemberment Abortion Act".
Added by Laws 2015, c. 59, § 1, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 12, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737.8. Definitions.
For the purposes of the Oklahoma Unborn Child Protection from
Dismemberment Abortion Act:
1. "Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device:
a. to purposely kill the unborn child of a woman known to
be pregnant, or
b. to purposely terminate the pregnancy of a woman known
to be pregnant, with a purpose other than:
(1) after viability to produce a live birth and
preserve the life and health of the child born
alive, or
(2) to remove a dead unborn child;
2. "Attempt to perform an abortion" means to do or omit to do
anything that, under the circumstances as the actor believes them to
be, is an act or omission constituting a substantial step in a
course of conduct planned to culminate in the actor performing an
abortion. Such substantial steps include, but are not limited to:
a. agreeing with an individual to perform an abortion on
that individual or on some other person, whether or
not the term "abortion" is used in the agreement, and
whether or not the agreement is contingent on another
Oklahoma Statutes - Title 63. Public Health and Safety Page 318
factor such as receipt of payment or a determination
of pregnancy, or
b. scheduling or planning a time to perform an abortion
on an individual, whether or not the term "abortion"
is used, and whether or not the performance is
contingent on another factor such as receipt of
payment or a determination of pregnancy.
This definition shall not be construed to require that an abortion
procedure actually must be initiated for an attempt to occur;
3. "Dismemberment abortion" means, with the purpose of causing
the death of an unborn child, purposely to dismember a living unborn
child and extract him or her one piece at a time from the uterus
through use of clamps, grasping forceps, tongs, scissors or similar
instruments that, through the convergence of two rigid levers,
slice, crush, and/or grasp a portion of the unborn child's body to
cut or rip it off. This definition does not include an abortion
which uses suction to dismember the body of the developing unborn
child by sucking fetal parts into a collection container;
4. "Physician" means a person licensed to practice medicine and
surgery or osteopathic medicine and surgery, or otherwise legally
authorized to perform an abortion;
5. "Purposely" means the following: A person acts purposely
with respect to a material element of an offense when:
a. if the element involves the nature of his or her
conduct or a result thereof, it is his or her
conscious objective to engage in conduct of that
nature or to cause such a result, and
b. if the element involves the attendant circumstances,
he or she is aware of the existence of such
circumstances or he or she believes or hopes that they
exist;
6. "Serious health risk to the unborn child's mother" means
that in reasonable medical judgment she has a condition that so
complicates her medical condition that it necessitates the abortion
of her pregnancy to avert her death or to avert serious risk of
substantial and irreversible physical impairment of a major bodily
function, not including psychological or emotional conditions. No
such condition may be determined to exist if it is based on a claim
or diagnosis that the woman will engage in conduct which she intends
to result in her death or in substantial and irreversible physical
impairment of a major bodily function; and
7. "Woman" means a female human being whether or not she has
reached the age of majority.
Added by Laws 2015, c. 59, § 2, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 12, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 319
§63-1-737.9. Unlawful dismemberment abortions - Exceptions.
A. Notwithstanding any other provision of law, it shall be
unlawful and deemed a Class D2 felony offense for any person to
purposely perform or attempt to perform a dismemberment abortion and
thereby kill an unborn child unless necessary to prevent serious
health risk to the unborn child's mother.
B. A person accused in any proceeding of unlawful conduct under
subsection A of this section may seek a hearing before the State
Board of Medical Licensure and Supervision on whether the
dismemberment abortion was necessary to prevent serious health risk
to the unborn child's mother. The Board's findings are admissible
on that issue at any trial in which such unlawful conduct is
alleged. Upon a motion of the person accused, the court shall delay
the beginning of the trial for not more than thirty (30) days to
permit such a hearing to take place.
C. No woman upon whom an abortion is performed or attempted to
be performed shall be thereby liable for performing or attempting to
perform a dismemberment abortion. No nurse, technician, secretary,
receptionist or other employee or agent who is not a physician but
who acts at the direction of a physician and no pharmacist or other
individual who is not a physician but who fills a prescription or
provides instruments or materials used in an abortion at the
direction of or to a physician shall be thereby liable for
performing or attempting to perform a dismemberment abortion.
Added by Laws 2015, c. 59, § 3, eff. Nov. 1, 2015. Amended by Laws
2025, c. 486, § 602, eff. Jan. 1, 2026.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 12, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737.10. Injunctive relief.
A. A cause of action for injunctive relief against a person who
has performed or attempted to perform a dismemberment abortion in
violation of Section 3 of this act may be maintained by:
1. A woman upon whom such a dismemberment abortion was
performed or attempted to be performed;
2. A person who is the spouse, parent or guardian of, or a
current or former licensed health care provider of, a woman upon
whom such a dismemberment abortion was performed or attempted to be
performed; or
3. A prosecuting attorney with appropriate jurisdiction.
B. The injunction shall prevent the defendant from performing
or attempting to perform further dismemberment abortions in
violation of Section 3 of this act.
Added by Laws 2015, c. 59, § 4, eff. Nov. 1, 2015.
Oklahoma Statutes - Title 63. Public Health and Safety Page 320
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 12, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737.11. Civil damages action.
A. A cause of action for civil damages against a person who has
performed a dismemberment abortion in violation of Section 3 of this
act may be maintained by:
1. Any woman upon whom a dismemberment abortion has been
performed in violation of Section 3 of this act; or
2. If the woman had not attained the age of eighteen (18) years
at the time of the dismemberment abortion or has died as a result of
the abortion, the maternal grandparents of the unborn child.
B. No damages may be awarded a plaintiff if the pregnancy
resulted from the plaintiff's criminal conduct.
C. Damages awarded in such an action shall include:
1. Money damages for all injuries, psychological and physical,
occasioned by the dismemberment abortion; and
2. Statutory damages equal to three times the cost of the
dismemberment abortion.
Added by Laws 2015, c. 59, § 5, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 12, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737.12. Attorney fees.
A. If judgment is rendered in favor of the plaintiff in an
action described in Section 4 or 5 of this act, the court shall also
render judgment for a reasonable attorney fee in favor of the
plaintiff against the defendant.
B. If judgment is rendered in favor of the defendant in an
action described in Section 4 or 5 of this act and the court finds
that the plaintiff's suit was frivolous and brought in bad faith,
the court shall render judgment for a reasonable attorney fee in
favor of the defendant against the plaintiff.
C. No attorney fee may be assessed against the woman upon whom
an abortion was performed or attempted to be performed except in
accordance with subsection B of this section.
Added by Laws 2015, c. 59, § 6, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 12, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737.13. Penalties.
Whoever violates Section 3 of this act shall be fined Ten
Thousand Dollars ($10,000.00) or imprisoned for not more than two
(2) years or both.
Oklahoma Statutes - Title 63. Public Health and Safety Page 321
Added by Laws 2015, c. 59, § 7, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 12, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737.14. Disclosure of identity.
In every civil, criminal, or administrative proceeding or action
brought under the Oklahoma Unborn Child Protection from
Dismemberment Abortion Act, the court shall rule whether the
identity of any woman upon whom an abortion has been performed or
attempted to be performed shall be preserved from public disclosure
if she does not give her consent to such disclosure. The court,
upon motion or sua sponte, shall make such a ruling and, upon
determining that her anonymity should be preserved, shall issue
orders to the parties, witnesses, and counsel and shall direct the
sealing of the record and exclusion of individuals from courtrooms
or hearing rooms to the extent necessary to safeguard her identity
from public disclosure. Each such order shall be accompanied by
specific written findings explaining why the anonymity of the woman
should be preserved, why the order is essential to that end, how the
order is narrowly tailored to serve that interest, and why no
reasonable less-restrictive alternative exists. In the absence of
written consent of the woman upon whom an abortion has been
performed or attempted to be performed, anyone other than a public
official who brings an action under Section 4 or 5 of this act shall
do so under a pseudonym. This section may not be construed to
conceal the identity of the plaintiff or of witnesses from the
defendant or from attorneys for the defendant.
Added by Laws 2015, c. 59, § 8, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 12, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737.15. Limitations of act.
Nothing in the Oklahoma Unborn Child Protection from
Dismemberment Abortion Act shall be construed as creating or
recognizing a right to abortion, nor a right to a particular method
of abortion.
Added by Laws 2015, c. 59, § 9, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 12, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-737.16. Severability.
If any one or more provisions, sections, subsections, sentences,
clauses, phrases or words of this act or the application thereof to
any person or circumstance is found to be unconstitutional, the same
Oklahoma Statutes - Title 63. Public Health and Safety Page 322
is hereby declared to be severable and the balance of this act shall
remain effective notwithstanding such unconstitutionality. The
Legislature hereby declares that it would have passed this act, and
each provision, section, subsection, sentence, clause, phrase or
word thereof, irrespective of the fact that any one or more
provisions, sections, subsections, sentences, clauses, phrases or
words be declared unconstitutional.
Added by Laws 2015, c. 59, § 10, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 12, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738. Repealed by Laws 2009, c. 227, § 12, eff. Nov. 1, 2009.
§63-1-738.1. Repealed by Laws 2010, c. 173, § 4, emerg. eff. April
27, 2010.
§63-1-738.1A. Definitions.
As used in this section and Sections 1-738.2 through 1-738.5 of
Title 63 of the Oklahoma Statutes:
1. "Abortion" means the term as defined in Section 1-730 of
Title 63 of the Oklahoma Statutes;
2. "Attempt to perform an abortion" means an act, or an
omission of a statutorily required act, that, under the
circumstances as the actor believes them to be, constitutes a
substantial step in a course of conduct planned to culminate in the
performance of an abortion in this state in violation of this act;
3. "Board" means the State Board of Medical Licensure and
Supervision;
4. "Certified technician" means a Registered Diagnostic Medical
Sonographer who is certified in obstetrics and gynecology by the
American Registry for Diagnostic Medical Sonography (ARDMS), or a
nurse midwife or Advance Practice Nurse Practitioner in obstetrics
with certification in obstetrical ultrasonography;
5. "Medical emergency" means the existence of any physical
condition, not including any emotional, psychological, or mental
condition, which a reasonably prudent physician, with knowledge of
the case and treatment possibilities with respect to the medical
conditions involved, would determine necessitates the immediate
abortion of the pregnancy of the female to avert her death or to
avert substantial and irreversible impairment of a major bodily
function arising from continued pregnancy;
6. "Physician" means a person licensed to practice medicine in
this state pursuant to Sections 495 and 633 of Title 59 of the
Oklahoma Statutes;
7. "Probable gestational age of the unborn child" means what,
in the judgment of the physician, will with reasonable probability
Oklahoma Statutes - Title 63. Public Health and Safety Page 323
be the gestational age of the unborn child at the time the abortion
is planned to be performed;
8. "Stable Internet website" means a website that, to the
extent reasonably practicable, is safeguarded from having its
content altered other than by the State Board of Medical Licensure
and Supervision;
9. "Unborn child" means the term as is defined in Section 1-730
of Title 63 of the Oklahoma Statutes; and
10. "Woman" means a female human being whether or not she has
reached the age of majority.
Added by Laws 2010, c. 173, § 1, emerg. eff. April 27, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.2. Voluntary and informed consent - Compliance by
physicians - Confirmation of receipt of medical risk information.
A. No abortion shall be performed in this state except with the
voluntary and informed consent of the woman upon whom the abortion
is to be performed.
B. Except in the case of a medical emergency, consent to an
abortion is voluntary and informed if and only if:
1. a. not less than seventy-two (72) hours prior to the
performance of the abortion, the woman is told the
following, by telephone or in person, by the physician
who is to perform the abortion, or by a referring
physician, or by an agent of either physician:
(1) the name of the physician who will perform the
abortion,
(2) the medical risks associated with the particular
abortion procedure to be employed,
(3) the probable gestational age of the unborn child
at the time the abortion is to be performed,
(4) the medical risks associated with carrying her
child to term, and
(5) that ultrasound imaging and heart tone monitoring
that enable the pregnant woman to view her unborn
child or listen to the heartbeat of the unborn
child are available to the pregnant woman. The
physician or agent of the physician shall inform
the pregnant woman that the website and printed
materials described in Section 1-738.3 of this
title, contain phone numbers and addresses for
facilities that offer such services at no cost,
b. the information required by this paragraph may be
provided by telephone without conducting a physical
examination or tests of the woman. If the information
Oklahoma Statutes - Title 63. Public Health and Safety Page 324
is supplied by telephone, the information shall be
based on facts supplied to the physician,
c. the information required by this paragraph shall not
be provided by a tape recording, but shall be provided
during a consultation in which the physician is able
to ask questions of the woman and the woman is able to
ask questions of the physician,
d. if a physical examination, tests, or other new
information subsequently indicates, in the medical
judgment of the physician, the need for a revision of
the information previously supplied to the woman, that
revised information may be communicated to the woman
at any time prior to the performance of the abortion,
and
e. nothing in subparagraph a of this paragraph may be
construed to preclude provision of the required
information in a language understood by the woman
through a translator;
2. Not less than seventy-two (72) hours prior to the abortion,
the woman is informed, by telephone or in person, by the physician
who is to perform the abortion, by a referring physician, or by an
agent of either physician:
a. that medical assistance benefits may be available for
prenatal care, childbirth, and neonatal care,
b. that the father is liable to assist in the support of
her child, even in instances in which the father has
offered to pay for the abortion,
c. that:
(1) she has the option to review the printed
materials described in Section 1-738.3 of this
title,
(2) those materials have been provided by the State
Board of Medical Licensure and Supervision, and
(3) they describe the unborn child and list agencies
that offer alternatives to abortion, and
d. (1) if the woman chooses to exercise her option to
view the materials in a printed form, they shall
be mailed to her, by a method chosen by the
woman, or
(2) if the woman chooses to exercise her option to
view the materials via the Internet, the woman
shall be informed at least seventy-two (72) hours
before the abortion of the specific address of
the Internet website where the material can be
accessed.
The information required by this paragraph may be provided by a
tape recording if provision is made to record or otherwise register
Oklahoma Statutes - Title 63. Public Health and Safety Page 325
specifically whether the woman does or does not choose to review the
printed materials;
3. The woman certifies in writing, prior to the abortion, that
she has been told the information described in subparagraph a of
paragraph 1 of this subsection and in subparagraphs a, b and c of
paragraph 2 of this subsection and that she has been informed of her
option to review or reject the printed information described in
Section 1-738.3 of this title; and
4. Prior to the abortion, the physician who is to perform the
abortion or the agent of the physician receives a copy of the
written certification prescribed by paragraph 3 of this subsection.
C. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall promulgate rules to
ensure that physicians who perform abortions and referring
physicians or agents of either physician comply with all the
requirements of this section.
D. Before the abortion procedure is performed, the physician
shall confirm with the patient that she has received information
regarding:
1. The medical risks associated with the particular abortion
procedure to be employed;
2. The probable gestational age of the unborn child at the time
the abortion is to be performed; and
3. The medical risks associated with carrying the unborn child
to term.
Added by Laws 2005, c. 200, § 7, emerg. eff. May 20, 2005. Amended
by Laws 2006, c. 185, § 3, eff. Nov. 1, 2006; Laws 2015, c. 255, §
1, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.3. Print and online information - Requirements.
A. Within one hundred twenty (120) days of the effective date
of this act, the State Board of Medical Licensure and Supervision
shall cause to be published, in English and in Spanish, and shall
update on an annual basis, the following printed materials in such a
way as to ensure that the information is easily comprehensible:
1. a. geographically indexed materials designed to inform
the woman of public and private agencies, including
adoption agencies and services that are available to
assist a woman through pregnancy, upon childbirth, and
while the child is dependent, including:
(1) a comprehensive list of the agencies available,
(2) a description of the services they offer,
including which agencies offer, at no cost to the
pregnant woman, ultrasound imaging that enables a
Oklahoma Statutes - Title 63. Public Health and Safety Page 326
pregnant woman to view the unborn child or heart
tone monitoring that enables the pregnant woman
to listen to the heartbeat of the unborn child,
and
(3) a description of the manner, including telephone
numbers, in which they might be contacted, or
b. at the option of the Board a toll-free, twenty-four-
hour-a-day telephone number which may be called to
obtain, in a mechanical, automated, or auditory
format, a list and description of agencies in the
locality of the caller and of the services they offer;
and
2. a. materials designed to inform the woman of the probable
anatomical and physiological characteristics of the
unborn child at two-week gestational increments from
the time when a woman can be known to be pregnant to
full term, including:
(1) any relevant information on the possibility of
the survival of the unborn child, and
(2) pictures or drawings representing the development
of unborn children at two-week gestational
increments, provided that the pictures or
drawings shall describe the dimensions of the
unborn child and shall be realistic and
appropriate for the stage of pregnancy depicted,
b. the materials shall be objective, nonjudgmental, and
designed to convey only accurate scientific
information about the unborn child at the various
gestational ages, and
c. the material shall also contain objective information
describing:
(1) the methods of abortion procedures commonly
employed,
(2) the medical risks commonly associated with each
of those procedures,
(3) the possible detrimental psychological effects of
abortion and of carrying a child to term, and
(4) the medical risks commonly associated with
carrying a child to term, and
d. the material shall contain the statement "Abortion
shall terminate the life of a whole, separate, unique,
living human being."
B. 1. The materials referred to in subsection A of this
section shall be printed in a typeface large enough to be clearly
legible.
2. The materials required under this section shall be available
at no cost from the State Board of Medical Licensure and Supervision
Oklahoma Statutes - Title 63. Public Health and Safety Page 327
and shall be distributed upon request in appropriate numbers to any
person, facility, or hospital.
C. 1. The Board shall provide on its stable Internet website
the information described under subsection A of this section.
2. The website provided for in this subsection shall be
maintained at a minimum resolution of 72 PPI.
D. Any facility performing abortions that has a website shall
publish an easily identifiable link on the homepage of such website
that directly links to the Board's website, www.awomansright.org,
that provides informed consent materials under the Woman's Right-to-
Know Act. Such link shall read: "The State Board of Medical
Licensure and Supervision maintains a website containing information
about the development of the unborn child, as well as video of
ultrasound images of the unborn child at various stages of
development. The Board's website can be reached by clicking here:
www.awomansright.org."
Added by Laws 2005, c. 200, § 8, emerg. eff. May 20, 2005. Amended
by Laws 2006, c. 185, § 4, eff. Nov. 1, 2006; Laws 2015, c. 255, §
2, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.3a. Form tracking voluntary and informed consent -
Contents of form - Submission - Late fee.
A. By February 1, 2008, the State Department of Health shall
prepare and make available on its stable Internet website the form
described in subsection B of this section. A copy of this act shall
be posted on the website. Physicians performing abortions shall
complete and electronically submit the required forms to the
Department no later than April 1 for the previous calendar year.
Nothing in the report shall contain the name, address, or any other
identifying information of any patient.
B. The form for physicians shall contain a listing for the
following information:
1. The number of females to whom the physician, or an agent of
the physician, provided the information described in Section 1-738.2
of Title 63 of the Oklahoma Statutes; of that number, the number
provided the information by telephone and the number provided the
information in person; and of each of those numbers, the number
provided the information in the capacity of a referring physician
and the number provided the information in the capacity of a
physician who is to perform the abortion; and of each of those
numbers, the number provided the information by the physician and
the number provided the information by an agent of the physician;
2. The number of females who availed themselves of the
opportunity to obtain a copy of the printed information described in
Oklahoma Statutes - Title 63. Public Health and Safety Page 328
Section 1-738.3 of Title 63 of the Oklahoma Statutes other than on
the website, and the number who did not; and of each of those
numbers, the number who, to the best of the information and belief
of the reporting physician, went on to obtain the abortion; and
3. The number of abortions performed by the physician in which
information otherwise required to be provided at least seventy-two
(72) hours before the abortion was not so provided because an
immediate abortion was necessary to avert the death of the female,
and the number of abortions in which the information was not so
provided because a delay would cause substantial and irreversible
impairment of a major bodily function.
C. The State Department of Health shall ensure that the
reporting forms described in subsection B of this section are
posted, on its stable Internet website, within one hundred twenty
(120) days after the effective date of this act. The State
Department of Health shall notify the following of the requirements
of this act:
1. By March 1, 2008, all physicians licensed to practice in
this state;
2. Each physician who subsequently becomes newly licensed to
practice in this state, at the same time as official notification to
that physician that the physician is so licensed; and
3. By December 1 of each year, other than the calendar year in
which forms are first made available to all physicians licensed to
practice in this state.
D. By February 28 of each year following a calendar year in any
part of which this section was in effect, each physician who
provided, or whose agent provided, information to one or more
females in accordance with Section 1-738.2 of Title 63 of the
Oklahoma Statutes during the previous calendar year shall
electronically submit to the State Department of Health the form
described in subsection B of this section, with the requested data
entered accurately and completely.
E. Reports that are not electronically submitted by the end of
a grace period of thirty (30) days following the due date shall be
subject to a late fee of Five Hundred Dollars ($500.00) for each
additional thirty-day period or portion of a thirty-day period the
reports are overdue. Any physician required to report in accordance
with this section who has not completed and electronically submitted
a report, or has electronically submitted only an incomplete report,
more than one (1) year following the due date, may, in an action
brought by the State Department of Health, be directed by a court of
competent jurisdiction to electronically submit a complete report
within a period stated by court order or be subject to sanctions for
civil contempt.
F. By June 30 of each year, the State Department of Health
shall prepare and make available on its stable Internet website a
Oklahoma Statutes - Title 63. Public Health and Safety Page 329
public report providing statistics for the previous calendar year
compiled from all items listed in subsection B of this section.
Each report shall also provide statistics for all previous calendar
years, adjusted to reflect any additional information from late or
corrected reports. The State Department of Health shall take care
to ensure that none of the information included in the public
reports could reasonably lead to the identification of any
individual providing or provided information in accordance with
subsection B of this section.
G. The State Department of Health may promulgate rules in
accordance with the Administrative Procedures Act to alter the dates
established by this section or consolidate the form or report
described in this section with other forms or reports to achieve
administrative convenience, fiscal savings or to reduce the burden
of reporting requirements, as long as reporting forms are made
available, on its stable Internet website to all licensed physicians
in the state, and the report described in this section is issued at
least once every year.
Added by Laws 2007, c. 161, § 3, eff. Nov. 1, 2007. Amended by Laws
2015, c. 255, § 3, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.3b. Repealed by Laws 2010, c. 173, § 4, emerg. eff. April
27, 2010.
§63-1-738.3c. Repealed by Laws 2010, c. 173, § 4, emerg. eff. April
27, 2010.
§63-1-738.3d. Ultrasound required prior to procedure - Written
certification - Medical emergency exception.
A. Any abortion provider who knowingly performs any abortion
shall comply with the requirements of this section.
B. In order for the woman to make an informed decision, at
least one (1) hour prior to a woman having any part of an abortion
performed or induced, and prior to the administration of any
anesthesia or medication in preparation for the abortion on the
woman, the physician who is to perform or induce the abortion, or
the certified technician working in conjunction with the physician,
shall:
1. Perform an obstetric ultrasound on the pregnant woman, using
either a vaginal transducer or an abdominal transducer, whichever
would display the embryo or fetus more clearly;
2. Provide a simultaneous explanation of what the ultrasound is
depicting;
Oklahoma Statutes - Title 63. Public Health and Safety Page 330
3. Display the ultrasound images so that the pregnant woman may
view them;
4. Provide a medical description of the ultrasound images,
which shall include the dimensions of the embryo or fetus, the
presence of cardiac activity, if present and viewable, and the
presence of external members and internal organs, if present and
viewable; and
5. Obtain a written certification from the woman, prior to the
abortion, that the requirements of this subsection have been
complied with; and
6. Retain a copy of the written certification prescribed by
paragraph 5 of this subsection. The certification shall be placed
in the medical file of the woman and shall be kept by the abortion
provider for a period of not less than seven (7) years. If the
woman is a minor, then the certification shall be placed in the
medical file of the minor and kept for at least seven (7) years or
for five (5) years after the minor reaches the age of majority,
whichever is greater.
C. Nothing in this section shall be construed to prevent a
pregnant woman from averting her eyes from the ultrasound images
required to be provided to and reviewed with her. Neither the
physician nor the pregnant woman shall be subject to any penalty if
she refuses to look at the presented ultrasound images.
D. Upon a determination by an abortion provider that a medical
emergency, as defined in Section 1 of this act, exists with respect
to a pregnant woman, subsection B of this section shall not apply
and the provider shall certify in writing the specific medical
conditions that constitute the emergency. The certification shall
be placed in the medical file of the woman and shall be kept by the
abortion provider for a period of not less than seven (7) years. If
the woman is a minor, then the certification shall be placed in the
medical file of the minor and kept for at least seven (7) years or
for five (5) years after the minor reaches the age of majority,
whichever is greater.
E. An abortion provider who willfully falsifies a certification
under subsection D of this section shall be subject to all penalties
provided for under Section 3 of this act.
Added by Laws 2010, c. 173, § 2, emerg. eff. April 27, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.3e. Violation of ultrasound requirement - Injunctive
relief - Action for damages - License suspension.
A. An abortion provider who knowingly violates a provision of
Section 2 of this act shall be liable for damages as provided in
Oklahoma Statutes - Title 63. Public Health and Safety Page 331
this section and may be enjoined from such acts in accordance with
this section in an appropriate court.
B. A cause of action for injunctive relief against any person
who has knowingly violated a provision of Section 2 of this act may
be maintained by the woman upon whom an abortion was performed or
attempted to be performed in violation of this act; any person who
is the spouse, parent, sibling or guardian of, or a current or
former licensed health care provider of, the female upon whom an
abortion has been performed or attempted to be performed in
violation of this act; by a district attorney with appropriate
jurisdiction; or by the Attorney General. The injunction shall
prevent the abortion provider from performing further abortions in
violation of this act in the State of Oklahoma.
C. Any person who knowingly violates the terms of an injunction
issued in accordance with this section shall be subject to civil
contempt, and shall be fined Ten Thousand Dollars ($10,000.00) for
the first violation, Fifty Thousand Dollars ($50,000.00) for the
second violation, One Hundred Thousand Dollars ($100,000.00) for the
third violation, and for each succeeding violation an amount in
excess of One Hundred Thousand Dollars ($100,000.00) that is
sufficient to deter future violations. The fines shall be the
exclusive penalties for such contempt. Each performance or
attempted performance of an abortion in violation of the terms of an
injunction is a separate violation. These fines shall be
cumulative. No fine shall be assessed against the woman on whom an
abortion is performed or attempted.
D. A pregnant woman upon whom an abortion has been performed in
violation of Section 2 of this act, or the parent or legal guardian
of the woman if she is an unemancipated minor, as defined in Section
1-740.1 of Title 63 of the Oklahoma Statutes, may commence a civil
action against the abortion provider for any knowing or reckless
violation of this act for actual and punitive damages.
E. An abortion provider who performed an abortion in violation
of Section 2 of this act shall be considered to have engaged in
unprofessional conduct for which the provider's certificate or
license to provide health care services in this state may be
suspended or revoked by the State Board of Medical Licensure and
Supervision or the State Board of Osteopathic Examiners.
Added by Laws 2010, c. 173, § 3, emerg. eff. April 27, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.3f. Civil actions - Damages.
A woman upon whom an abortion has been performed in negligent
violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b
of Title 63 of the Oklahoma Statutes, or the parent or legal
Oklahoma Statutes - Title 63. Public Health and Safety Page 332
guardian of the woman if she is an unemancipated minor, as defined
in Section 1-740.1 of Title 63 of the Oklahoma Statutes, may
commence a civil action against the abortion provider, against the
prescriber of any drug or chemical intended to induce abortion, and
against any person or entity which referred the woman to the
abortion provider or prescriber and which knew or reasonably should
have known that the abortion provider or prescriber had acted in
violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b
of Title 63 of the Oklahoma Statutes for actual damages and, in
cases of gross negligence, for punitive damages. The measure of
damages shall include damages for the mental anguish and emotional
distress of the plaintiff, in addition to all damages available for
the wrongful death of the child whose life was aborted in negligent
violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b
of Title 63 of the Oklahoma Statutes, notwithstanding any exception
for abortion provided in Section 1053 of Title 12 of the Oklahoma
Statutes. Whether the individual or entity committed an abortion in
negligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2
or 1-740.4b of Title 63 of the Oklahoma Statutes shall be determined
by the trier of fact in the civil action by the greater weight of
the evidence. Unless the defendant can prove to the trier of fact
by the greater weight of the evidence that the abortion was
performed on a child who was already dead from natural causes before
the abortion, and that the defendant informed the plaintiff that the
child was already dead at the time of the abortion, it shall be a
rebuttable presumption that if an abortion was performed, that the
child whose life was aborted was alive until the abortion was
performed, and was capable eventually of living a normal human
lifespan had the abortion not occurred.
Added by Laws 2012, c. 198, § 1, eff. Sept. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 6, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.3g. Reasonable costs and attorney fees.
If judgment is rendered in favor of the plaintiff in any action
pursuant to Section 1 of this act, the court shall also render
judgment for costs including reasonable expert witness fees and for
a reasonable attorney fee in favor of the plaintiff against the
defendant. If judgment is rendered in favor of the defendant and
the court finds that the plaintiff's suit was frivolous,
unreasonable or without foundation, the court shall also render
judgment for costs including reasonable expert witness fees and for
a reasonable attorney fee in favor of the defendant against the
plaintiff.
Added by Laws 2012, c. 198, § 2, eff. Sept. 1, 2012.
Oklahoma Statutes - Title 63. Public Health and Safety Page 333
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 6, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.3h. Identity of woman upon whom abortion performed -
Disclosure.
In every action brought under this act, the court shall rule
whether the anonymity of any female upon whom an abortion has been
performed or attempted shall be preserved from public disclosure if
she does not give her consent to such disclosure. The court, upon
motion or sua sponte, shall make such a ruling and, upon determining
that her anonymity should be preserved, shall issue orders to the
parties, witnesses, and counsel and shall direct the sealing of the
record and exclusion of individuals from courtrooms or hearing rooms
to the extent necessary to safeguard her identity from public
disclosure. Each such order shall be accompanied by specific
written findings explaining why the anonymity of the female should
be preserved from public disclosure, why the order is essential to
that end, how the order is narrowly tailored to serve that interest,
and why no reasonable less restrictive alternative exists. In the
absence of written consent of the female upon whom an abortion has
been performed or attempted, anyone, other than a public official,
who brings an action under this act shall do so under a pseudonym.
This section may not be construed to conceal the identity of the
plaintiff or of witnesses from the defendant.
Added by Laws 2012, c. 198, § 3, eff. Sept. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 6, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.3i. Statute of limitations.
An action pursuant to this act shall be brought within two (2)
years of the date the woman upon whom an abortion has been performed
in negligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-
740.2 or 1-740.4b of Title 63 of the Oklahoma Statutes, or the
parent or legal guardian of the woman if she is an unemancipated
minor, as defined in Section 1-740.1 of Title 63 of the Oklahoma
Statutes, knew or reasonably should have known of any information
not provided by the defendant in negligent violation of Section 1-
738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b of Title 63 of the
Oklahoma Statutes. If any defendant disputes whether the action was
brought within the time specified in this section, the question of
whether the action was brought within the time specified in this
section shall be determined by the trier of fact by the greater
weight of the evidence.
Added by Laws 2012, c. 198, § 4, eff. Sept. 1, 2012.
Oklahoma Statutes - Title 63. Public Health and Safety Page 334
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 6, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.3j. Interpretation of act.
A. Nothing in this act shall be construed as creating or
recognizing a right to abortion.
B. Nothing in this act shall apply to a hospital as defined in
Section 1-701 of Title 63 of the Oklahoma Statutes which has a
dedicated emergency department as defined in 42 CFR 489.24b.
Added by Laws 2012, c. 198, § 5, eff. Sept. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 6, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.3k. Severability of act.
If any one or more provision, section, subsection, sentence,
clause, phrase or word of this act or the application thereof to any
person or circumstance is found to be unconstitutional, the same is
hereby declared to be severable and the balance of this act shall
remain effective notwithstanding such unconstitutionality. The
Legislature hereby declares that it would have passed this act and
each provision, section, subsection, sentence, clause, phrase or
word thereof, irrespective of the fact that any one or more
provision, section, subsection, sentence, clause, phrase, or word be
declared unconstitutional.
Added by Laws 2012, c. 198, § 6, eff. Sept. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 6, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.4. Medical emergency abortions – Physician's judgment –
Patient's right to information.
When a medical emergency compels the performance of an abortion,
the physician shall inform the female, prior to the abortion if
possible, of the medical indications supporting the physician's
judgment that an abortion is necessary to avert her death or that a
delay will create serious risk of substantial and irreversible
impairment of a major bodily function.
Added by Laws 2005, c. 200, § 9, emerg. eff. May 20, 2005.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.5 Disciplinary action.
A. Any physician who knowingly or recklessly performs or
attempts to perform an abortion in violation of the provisions of
Oklahoma Statutes - Title 63. Public Health and Safety Page 335
this act shall be subject to disciplinary action by the State Board
of Medical Licensure and Supervision or the State Board of
Osteopathic Examiners.
B. No penalty may be assessed against the woman upon whom the
abortion is performed or attempted to be performed.
C. No penalty or civil liability may be assessed for failure to
comply with Section 1-738.2 of this title unless the State Board of
Medical Licensure and Supervision has made the printed materials
available at the time the physician or the agent of the physician is
required to inform the woman of her right to review them.
D. Any person who knowingly or recklessly performs or attempts
to perform an abortion in violation of this act shall be guilty of a
felony.
Added by Laws 2005, c. 200, § 10, emerg. eff. May 20, 2005. Amended
by Laws 2006, c. 185, § 5, eff. Nov. 1, 2006.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.5a. Severability.
If some or all of the newly amended provisions of 63 O.S. 2011,
Section 1-738.2, 63 O.S. 2011, Section 1-738.3; 63 O.S. 2011,
Section 1-738.3a; 63 O.S. 2011, Section 1-738.8; 63 O.S. 2011,
Section 1-738.13; 63 O.S. 2011, Section 1-738m, as amended by
Section 2, Chapter 303, O.S.L. 2013 (63 O.S. Supp. 2014, Section 1-
738m); Section 2, Chapter 175, O.S.L. 2014 (63 O.S. Supp. 2014,
Section 1-746.2); or Section 6, Chapter 175, O.S.L. 2013 (63 O.S.
Supp. 2014, Section 1-746.6), resulting from the actions taken by
the 2015 session of the Oklahoma legislature are ever temporarily or
permanently restrained or enjoined by judicial order, these sections
shall be enforced as though such restrained or enjoined provisions
had not been adopted; provided, however, that whenever such
temporary or permanent restraining order or injunction is stayed or
dissolved, or otherwise ceases to have effect, such provisions shall
have full force and effect.
Added by Laws 2015, c. 255, § 9, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 13, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.6. Short title.
This act shall be known and may be cited as the "Unborn Child
Pain Awareness/Prevention Act".
Added by Laws 2006, c. 185, § 6, eff. Nov. 1, 2006.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 336
§63-1-738.7. Definitions.
As used in the Unborn Child Pain Awareness/Prevention Act:
1. "Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device intentionally to
terminate the pregnancy of a female known to be pregnant with an
intention other than to increase the probability of a live birth, to
preserve the life or health of the child after live birth, to remove
an ectopic pregnancy, or to remove a dead fetus who dies as the
result of a spontaneous miscarriage, accidental trauma or a criminal
assault on the pregnant female or her unborn child;
2. "Attempt to perform an abortion" means an act, or an
omission of a statutorily required act that, under the circumstances
as the actor believes them to be, constitutes a substantial step in
a course of conduct planned to culminate in the performance of an
abortion in Oklahoma in violation of the Unborn Child Pain
Awareness/Prevention Act;
3. "Unborn child" means a member of the species homo sapiens
from fertilization until birth;
4. "Medical emergency" means the existence of any physical
condition, not including any emotional, psychological, or mental
condition, which a reasonably prudent physician, with knowledge of
the case and treatment possibilities with respect to the medical
conditions involved, would determine necessitates the immediate
abortion of the pregnancy of the female to avert her death or to
avert substantial and irreversible impairment of a major bodily
function arising from continued pregnancy;
5. "Physician" means a person licensed to practice medicine in
this state pursuant to Sections 495 and 633 of Title 59 of the
Oklahoma Statutes; and
6. "Probable gestational age" means the gestational age of the
unborn child at the time the abortion is planned to be performed, as
determined by the physician using reasonable probability.
Added by Laws 2006, c. 185, § 7, eff. Nov. 1, 2006. Amended by Laws
2007, c. 161, § 4, eff. Nov. 1, 2007.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.8. Review of materials, notice in cases of twenty-plus
weeks' gestation - Certification, furnishing of information.
A. Except in the case of a medical emergency, at least seventy-
two (72) hours prior to an abortion being performed on an unborn
child whose probable gestational age is twenty (20) weeks or more,
the physician performing the abortion or the agent of the physician
shall inform the pregnant female, by telephone or in person, of the
right to review the printed materials described in Section 1-738.10
Oklahoma Statutes - Title 63. Public Health and Safety Page 337
of this title, that these materials are available on a state-
sponsored website, and the web address of that website. The
physician or the agent of the physician shall orally inform the
female that the materials have been provided by the State of
Oklahoma and that the materials contain information on pain and the
unborn child. If the female chooses to view the materials other
than on the website, the materials shall either be given to the
female at least seventy-two (72) hours before the abortion, or
received by the female at least seventy-two (72) hours before the
abortion by certified mail, restricted delivery to the addressee.
The information required by this subsection may be provided by a
tape recording if provision is made to record or otherwise register
specifically whether the female does or does not choose to receive
the printed materials given or mailed.
B. The female shall certify in writing, prior to the abortion,
that the information described in subsection A of this section has
been furnished to the female and that the female has been informed
of the opportunity to review the printed materials described in
Section 1-738.10 of this title. Prior to the performance of the
abortion, the physician who is to perform the abortion or the agent
of the physician shall obtain a copy of the written certification
and retain the copy on file with the medical record of the female
for at least three (3) years following the date of receipt.
Added by Laws 2006, c. 185, § 8, eff. Nov. 1, 2006. Amended by Laws
2015, c. 255, § 4, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.9. Use of anesthetic or analgesic to eliminate or
alleviate pain - Notice.
Except in the case of a medical emergency, before an abortion is
performed on an unborn child who is twenty (20) weeks gestational
age or more, the physician performing the abortion or the agent of
the physician shall inform the female if an anesthetic or analgesic
would eliminate or alleviate organic pain to the unborn child caused
by the particular method of abortion to be employed and inform the
female of the particular medical risks associated with the
particular anesthetic or analgesic. With the consent of the female,
the physician shall administer the anesthetic or analgesic.
Added by Laws 2006, c. 185, § 9, eff. Nov. 1, 2006.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.10. Publication of materials on twenty-week gestation -
Legibility - Availability at no cost.
Oklahoma Statutes - Title 63. Public Health and Safety Page 338
A. Within ninety (90) days after the Unborn Child Pain
Awareness/Prevention Act becomes law, the State Board of Medical
Licensure and Supervision shall cause to be published, in English
and in each language which is the primary language of two percent
(2%) or more of the population of the state, and shall cause to be
available on the state web site provided for in Section 11 of this
act, printed materials with the following statement concerning
unborn children of twenty (20) weeks gestational age: "By twenty
(20) weeks gestation, the unborn child has the physical structures
necessary to experience pain. There is evidence that by twenty (20)
weeks gestation unborn children seek to evade certain stimuli in a
manner which in an infant or an adult would be interpreted to be a
response to pain. Anesthesia is routinely administered to unborn
children who are twenty (20) weeks gestational age or older who
undergo prenatal surgery."
The materials shall be objective, nonjudgmental and designed to
convey only accurate scientific information about the human fetus at
the various gestational ages.
B. The materials referred to in subsection A of this section
shall be printed in a typeface large enough to be clearly legible.
The web site provided for in Section 11 of this act shall be
maintained at a minimum resolution of 70 DPI (dots per inch). All
pictures appearing on this web site shall be a minimum of 200x300
pixels. All letters on the web site shall be a minimum of 11 point
font. All information and pictures shall be accessible with an
industry standard browser requiring no additional plug-ins.
C. The materials required under this section shall be available
at no cost from the State Board of Medical Licensure and Supervision
upon request and in appropriate number to any person, facility, or
hospital.
Added by Laws 2006, c. 185, § 10, eff. Nov. 1, 2006.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.11. Web site, development and maintenance.
The State Board of Medical Licensure and Supervision shall
develop and maintain a stable Internet web site to provide the
information described under Section 10 of this act. No information
regarding who uses the web site shall be collected or maintained.
The State Board of Medical Licensure and Supervision shall monitor
the web site on a daily basis to prevent and correct tampering.
Added by Laws 2006, c. 185, § 11, eff. Nov. 1, 2006.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 339
§63-1-738.12. Medical emergency abortion - Notice of medical
indications.
When a medical emergency compels the performance of an abortion,
the physician shall inform the female, prior to the abortion if
possible, of the medical indications supporting the judgment of the
physician that an abortion is necessary to avert the death of the
female or that a twenty-four-hour delay will create serious risk of
substantial and irreversible impairment of a major bodily function.
Added by Laws 2006, c. 185, § 12, eff. Nov. 1, 2006.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.13. Reporting forms - Submission of copies - Late fees -
Public report - Alteration of dates.
A. Within ninety (90) days after the Unborn Child Pain
Awareness/Prevention Act becomes law, the State Department of Health
shall prepare a reporting form for physicians containing a reprint
of the Unborn Child Pain Awareness/Prevention Act and listing:
1. The number of females to whom the physician or an agent of
the physician provided the information described in subsection A of
Section 1-738.8 of this title; of that number, the number provided
by telephone and the number provided in person; and of each of those
numbers, the number provided in the capacity of a referring
physician and the number provided in the capacity of a physician who
is to perform the abortion or agent of such a physician;
2. The number of females who availed themselves of the
opportunity to obtain a copy of the printed information described in
Section 1-738.10 of this title other than on the website, and the
number who did not; and of each of those numbers, the number who, to
the best of the information and belief of the reporting physician,
went on to obtain the abortion; and
3. The number of abortions performed by the physician in which
information otherwise required to be provided at least seventy-two
(72) hours before the abortion was not so provided because an
immediate abortion was necessary to avert the death of the female,
and the number of abortions in which such information was not so
provided because a delay would create serious risk of substantial
and irreversible impairment of a major bodily function.
B. The Department shall ensure that copies of the reporting
forms described in subsection A of this section are provided:
1. Within one hundred twenty (120) days after the Unborn Child
Pain Awareness/Prevention Act becomes law, to all physicians
licensed to practice in this state;
2. To each physician who subsequently becomes newly licensed to
practice in this state, at the same time as official notification to
that physician that the physician is so licensed; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 340
3. By December 1 of each year, other than the calendar year in
which forms are distributed in accordance with paragraph 1 of this
subsection, to all physicians licensed to practice in this state.
C. By February 28 of each year following a calendar year in any
part of which the Unborn Child Pain Awareness/Prevention Act was in
effect, each physician who provided, or whose agent provided,
information to one or more females in accordance with Section 1-
738.8 of this title during the previous calendar year shall submit
to the Department a copy of the form described in subsection A of
this section, with the requested data entered accurately and
completely.
D. Reports that are not submitted by the end of a grace period
of thirty (30) days following the due date shall be subject to a
late fee of Five Hundred Dollars ($500.00) for each additional
thirty-day period or portion of a thirty-day period the reports are
overdue. Any physician required to report in accordance with this
section who has not submitted a report, or has submitted only an
incomplete report, more than one (1) year following the due date
may, in an action brought by the State Board of Medical Licensure
and Supervision, be directed by a court of competent jurisdiction to
submit a complete report within a period stated by court order or be
subject to sanctions for civil contempt.
E. By June 30 of each year, the Department shall issue a public
report providing statistics for the previous calendar year compiled
from all of the reports covering that year submitted in accordance
with this section for each of the items listed in subsection A of
this section. Each such report shall also provide the statistics
for all previous calendar years, adjusted to reflect any additional
information from late or corrected reports. The Department shall
take care to ensure that none of the information included in the
public reports could reasonably lead to the identification of any
individual providing or provided information in accordance with
subsection A or B of Section 1-738.8 of this title.
F. The Department, by rule promulgated in accordance with the
Administrative Procedures Act, may alter the dates established by
paragraph 3 of subsection B, subsection C, or subsection E of this
section or consolidate the forms or reports described in this
section with other forms or reports to achieve administrative
convenience or fiscal savings or to reduce the burden of reporting
requirements, so long as reporting forms are sent to all licensed
physicians in the state at least once every year and the report
described in subsection E of this section is issued at least once
every year.
Added by Laws 2006, c. 185, § 13, eff. Nov. 1, 2006. Amended by
Laws 2015, c. 255, § 5, eff. Nov. 1, 2015.
Oklahoma Statutes - Title 63. Public Health and Safety Page 341
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.14. Violation of Act - Penalties.
Any person who knowingly or recklessly performs or attempts to
perform an abortion in violation of the Unborn Child Pain
Awareness/Prevention Act shall be guilty of a Class D2 felony
offense. Any physician who knowingly or recklessly submits a false
report under subsection C of Section 13 of this act shall be guilty
of a misdemeanor. No penalty may be assessed against the female
upon whom the abortion is performed or attempted to be performed.
No penalty or civil liability may be assessed for failure to comply
with Section 8 of this act requiring a written certification that
the female has been informed of the opportunity to review the
information referred to in Section 8 of this act unless the State
Department of Health has made the printed materials available at the
time the physician or the agent of the physician is required to
inform the female of the right to review the materials.
Added by Laws 2006, c. 185, § 14, eff. Nov. 1, 2006. Amended by
Laws 2025, c. 486, § 603, eff. Jan. 1, 2026.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.15. Failure to comply with Act or issue public report -
Civil liability.
A. Any person upon whom an abortion has been performed without
the Unborn Child Pain Awareness/Prevention Act having been complied
with, the father of the unborn child who was the subject of such an
abortion, or the grandparent of such an unborn child may maintain an
action against the person who performed the abortion in knowing or
reckless violation of the Unborn Child Pain Awareness/Prevention Act
for actual and punitive damages. Any person upon whom an abortion
has been attempted without the Unborn Child Pain
Awareness/Prevention Act having been complied with may maintain an
action against the person who attempted to perform the abortion in
knowing or reckless violation of the Unborn Child Pain
Awareness/Prevention Act for actual and punitive damages.
B. If the Department fails to issue the public report required
by the Statistical Reporting of Abortion Act of Oklahoma, an action
pursuant to Title 12 of the Oklahoma Statutes may be initiated.
Added by Laws 2006, c. 185, § 15, eff. Nov. 1, 2006.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 342
§63-1-738.16. Civil or criminal actions - Anonymity of person upon
whom abortion has been performed or attempted.
In every civil or criminal proceeding or action brought under
the Unborn Child Pain Awareness/Prevention Act, the court shall rule
whether the anonymity of any female upon whom an abortion has been
performed or attempted shall be preserved from public disclosure if
the female does not give her consent to such disclosure. The court,
upon motion or sua sponte, shall make such a ruling and, upon
determining that the anonymity of the female should be preserved,
shall issue orders to the parties, witnesses, and counsel and shall
direct the sealing of the record and exclusion of individuals from
courtrooms or hearing rooms to the extent necessary to safeguard the
identity of the female from public disclosure. Each such order
shall be accompanied by specific written findings explaining why the
anonymity of the female should be preserved from public disclosure,
why the order is essential to that end, how the order is narrowly
tailored to serve that interest, and why no reasonable less
restrictive alternative exists. In the absence of written consent
of the female upon whom an abortion has been performed or attempted,
anyone, other than a public official, who brings an action under
subsection A of Section 15 of this act shall do so under a
pseudonym. This section may not be construed to conceal the
identity of the plaintiff or of witnesses from the defendant.
Added by Laws 2006, c. 185, § 16, eff. Nov. 1, 2006.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738.17. Severability of provisions.
If any one or more provision, section, subsection, sentence,
clause, phrase or word of the Unborn Child Pain Awareness/Prevention
Act or the application thereof to any person or circumstance is
found to be unconstitutional, the same is hereby declared to be
severable and the balance of the Unborn Child Pain
Awareness/Prevention Act shall remain effective notwithstanding such
unconstitutionality. The Legislature hereby declares that it would
have passed the Unborn Child Pain Awareness/Prevention Act, and each
provision, section, subsection, sentence, clause, phrase or word
thereof, irrespective of the fact that any one or more provision,
section, subsection, sentence, clause, phrase, or word be declared
unconstitutional.
Added by Laws 2006, c. 185, § 17, eff. Nov. 1, 2006.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738a. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010.
Oklahoma Statutes - Title 63. Public Health and Safety Page 343
§63-1-738b. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010.
§63-1-738c. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010.
§63-1-738d. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010.
§63-1-738e. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010.
§63-1-738f. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010.
§63-1-738g. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010.
§63-1-738h. Repealed by Laws 2010, c. 276, § 9, eff. Nov. 1, 2010.
§63-1-738i. Statistical Abortion Reporting Act.
This act shall be known and may be cited as the “Statistical
Abortion Reporting Act”.
Added by Laws 2010, c. 276, § 1, eff. Nov. 1, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738j. Individual Abortion Form - Submission of abortion
statistics.
A. As used in the Statistical Abortion Reporting Act:
1. "Abortion" means the term as defined in Section 1-730 of
Title 63 of the Oklahoma Statutes;
2. "Complication" means any adverse physical or psychological
condition arising from the performance of an abortion, which
includes but is not limited to: uterine perforation, cervical
perforation, infection, bleeding, hemorrhage, blood clots, failure
to actually terminate the pregnancy, incomplete abortion (retained
tissue), pelvic inflammatory disease, endometritis, missed ectopic
pregnancy, cardiac arrest, respiratory arrest, renal failure,
metabolic disorder, shock, embolism, coma, placenta previa, preterm
delivery in subsequent pregnancies, free fluid in abdomen, adverse
reaction to anesthesia and other drugs, and mental and psychological
complications such as depression, anxiety, sleeping disorders,
psychiatric hospitalization, and emotional problems; and
3. "Stable Internet website" means a website that, to the
extent reasonably practicable, is safeguarded from having its
content altered other than by the State Department of Health.
B. By March 1, 2012, the State Department of Health shall make
available, on its stable Internet website, an Individual Abortion
Form as required by Section 3 of this act, and a form for a
Oklahoma Statutes - Title 63. Public Health and Safety Page 344
Complications of Induced Abortion Report as required by Section 4 of
this act.
C. As required by Section 5 of this act, information from a
completed Individual Abortion Form or a completed Complications of
Induced Abortion Report shall be combined with information from all
other such completed forms and reports submitted for the year. An
Annual Abortion Report providing statistics for the previous
calendar year compiled from all of that year's completed forms and
reports submitted in accordance with the Statistical Abortion
Reporting Act shall be published annually by the Department on its
stable Internet website.
D. No Individual Abortion Forms or Complications of Induced
Abortion Reports that have been completed and submitted to the
Department by any physician pursuant to subsection B of Section 3 of
this act or subsection C of Section 4 of this act shall be posted
online.
E. By March 1, 2012, the State Department of Health shall, on
its stable Internet website, provide the language of all Oklahoma
Statutes and regulations directly relating to abortion, and shall
promptly update its website to reflect subsequent statutory and
regulatory changes. The Department shall also, by March 1, 2012,
provide, on its stable Internet website, the means by which
physicians may electronically submit the reports required by the
Statistical Abortion Reporting Act. The Department shall include
instructions on its stable Internet website regarding electronic
submission. The Department shall take all necessary precautions to
ensure the security of the electronically submitted reports so that
the submitted data is able to be accessed only by specially
authorized departmental personnel during and following the process
of transmission.
Added by Laws 2010, c. 276, § 2, eff. Nov. 1, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738k. Posting of Individual Abortion Form - Notice - Sample
form.
A. Subsections B and C of this section shall become operative
on the later of:
1. April 1, 2012; or
2. Thirty (30) calendar days following the date on which the
State Department of Health posts on its website the Individual
Abortion Form and instructions concerning its electronic submission
referenced in this section.
B. The Department shall post the Individual Abortion Form and
instructions concerning its electronic submission on its stable
Internet website. Nothing in the Individual Abortion Form shall
Oklahoma Statutes - Title 63. Public Health and Safety Page 345
contain the name, address, hometown, county of residence, or any
other information specifically identifying any patient. The
Department's Individual Abortion Form shall be substantially similar
to, but need not be in the specific format, provided in subsection F
of this section.
C. Any physician performing abortions shall fully complete and
submit, electronically, an Individual Abortion Form to the State
Department of Health by the last business day of the calendar month
following the month in which the physician performs an abortion, for
each abortion the physician performs.
D. In cases in which a physician or the agent of a physician:
1. Mails the printed materials described in Section 1-738.3 of
this title to a female specifically to comply with division (1) of
subparagraph d of paragraph 2 of subsection B of Section 1-738.2 of
this title;
2. Gives or mails the printed materials described in Section 1-
738.10 of this title to a female specifically to comply with
subsection A of Section 1-738.8 of this title; or
3. Provides notice to a parent in compliance with Section 1-
740.2 of this title,
but does not subsequently perform an abortion on the female or
minor, the physician shall electronically submit a completed
Individual Abortion Form to the State Department of Health, and
shall mark as "not applicable" those items of information that may
accurately be provided only when an abortion is performed. The
physician shall not submit such a form if the physician knows that
an abortion was subsequently performed on the female or minor by
another physician. Individual Abortion Forms required by this
subsection shall be submitted by the last business day of the second
calendar month following the calendar month in which the physician
mails the printed materials or provides notice to a parent.
E. The Individual Abortion Form shall contain a notice
containing an assurance that, in accordance with subsection F of
Section 1-738m of this title, public reports based on the form
submitted will not contain the name, address, hometown, county of
residence, or any other identifying information of any individual
female, that the State Department of Health will take care to ensure
that none of the information included in its public reports could
reasonably lead to the identification of any individual female about
whom information is reported in accordance with the Statistical
Abortion Reporting Act or of any physician providing information in
accordance with the Statistical Abortion Reporting Act, and that
such information is not subject to the Oklahoma Open Records Act.
F. Individual Abortion Form. The Department's Individual
Abortion Form shall be substantially similar to, but need not be in
the specific format of, the following form:
Individual Abortion Form
Oklahoma Statutes - Title 63. Public Health and Safety Page 346
(TO BE COMPLETED FOR EACH ABORTION PERFORMED)
1. Date of abortion: _________________
2. County in which the abortion was performed: ________________
3. Age of mother: _________________
4. Marital status of mother: ________________
(specify married, divorced, separated, widowed, or never
married)
5. Race of mother: ________________
6. Years of education of mother: ________________
(specify highest year completed)
7. State or foreign country of residence of
mother:______________
8. Total number of previous pregnancies of the
mother:___________
Live Births: _________________
Miscarriages: _________________
Induced Abortions: __________________
9. Approximate gestational age in weeks, as measured from the
last menstrual period of the mother, of the unborn child subject to
abortion: _______________________________
10. Method of abortion used:
Suction Aspiration: ___________
Dilation and Curettage: ___________
RU 486: ___________
Methotrexate: ___________
Other drug/chemical/medicine (specify): _________________
Dilation and Evacuation: ___________
Saline: ___________
Urea: ___________
Prostaglandins: ___________
Partial Birth Abortion: __________
Hysterotomy: ___________
Other (specify): ___________
11. Was there an infant born alive as a result of the abortion?
__________
If yes:
Were life-sustaining measures undertaken? ___________
How long did the infant survive? ___________
12. Was anesthesia administered to mother? ____________
If yes, what type? ____________________________
13. Was anesthesia administered to the fetus? ___________
If yes:
What type? _______________________
How was it administered? _______________________
14. Method of fetal tissue disposal: _______________________
15. Unless a medical emergency, as defined in Section 1-738.1A,
or as applicable, Section 1-745.2 of Title 63 of the Oklahoma
Oklahoma Statutes - Title 63. Public Health and Safety Page 347
Statutes, exists, the abortion provider or agent shall ask the
pregnant female to provide, orally or in writing, the reason(s) she
is seeking the abortion. If such a medical emergency exists, the
abortion provider or agent shall specify on the form the condition
which necessitated the immediate abortion: ___________________
REASON GIVEN FOR ABORTION (check all applicable):
Having a baby:
Would dramatically change the life of the mother: _________
Would interfere with the education of the mother: _________
Would interfere with the job/employment/career of the
mother: ______
Mother has other children or dependents: ________
Mother cannot afford the child: ______
Mother is unmarried: ________
Mother is a student or planning to be a student: ________
Mother cannot afford child care: _______
Mother cannot afford the basic needs of life: ________
Mother is unemployed: _________
Mother cannot leave job to care for a baby: _________
Mother would have to find a new place to live: _________
Mother does not have enough support from a husband or partner:
_____
Husband or partner is unemployed: _______
Mother is currently or temporarily on welfare or public
assistance: _________
Mother does not want to be a single mother: _______
Mother is having relationship problems: ________
Mother is not certain of relationship with the father of the
child: ________
Partner and mother are unable to or do not want to get married:
_______
Mother is not currently in a relationship: _______
The relationship or marriage of the mother may soon break up:
_______
Husband or partner is abusive to the mother or her children:
_______
Mother has completed her childbearing: ________
Mother is not ready for a, or another, child: _______
Mother does not want people to know that she had sex or became
pregnant: ________
Mother does not feel mature enough to raise a, or another,
child: _______
Husband or partner wants mother to have an abortion: ______
There may be possible problem affecting the health of the
fetus: ________
Physical health of the mother is at risk: ________
Parents want mother to have an abortion: _________
Oklahoma Statutes - Title 63. Public Health and Safety Page 348
Emotional health of the mother is at risk: ________
Mother suffered from a medical emergency as defined in Section
1-738.1A of Title 63 of the Oklahoma Statutes: ______
Mother suffered from a medical emergency as defined in Section
1-745.2 of Title 63 of the Oklahoma Statutes: _____
Mother wanted a child of a different sex: ______
Abortion is necessary to avert the death of the mother: ______
Pregnancy was a result of forcible rape: ______
Pregnancy was a result of incest: ______
Other (specify): ______
Patient was asked why she is seeking an abortion, but she
declined to give a reason: _______
16. Method of payment (check one):
Private insurance: _______
Public health plan: _______
Medicaid: _______
Private pay: _______
Other (specify): _____________________________
17. Type of private medical health insurance coverage, if any
(check one):
Fee-for-service insurance company: ______
Managed care company: ______
Other (specify): _____________________________
18. Sum of fee(s) collected: ___________
19. Time of fee collection (check one):
Full fee for abortion collected prior to or at the time the
patient was provided the information required under subsection B of
Section 1-738.2 of Title 63 of the Oklahoma Statutes: _________
Partial fee for abortion collected prior to or at the time the
patient was provided the information required under subsection B of
Section 1-738.2 of Title 63 of the Oklahoma Statutes: _________
Full fee for abortion collected at time the abortion was
performed: ________
Other (specify): ________
20. Specialty area of medicine of the physician: _____________
At which hospital(s) did the physician have hospital privileges
at the time of the abortion?
______________________________________________________________
21. Was ultrasound equipment used before, during, or after the
performance of this abortion?
Before? _____ Vaginal, abdominal, or both? _____
How long prior to the abortion was the ultrasound performed?
______
Was the mother under the effect of anesthesia at the time of the
ultrasound? ______
During? _____ Vaginal, abdominal, or both? _____
After? _____ Vaginal, abdominal, or both? _____
Oklahoma Statutes - Title 63. Public Health and Safety Page 349
If an ultrasound was performed, what was the gestational age of
the fetus at the time of the abortion, as determined by the
ultrasound? _____________
Attach to this form a copy or screenshot of the ultrasound,
intact with the date on which the ultrasound was performed, and with
the name of the mother redacted; provided, however, such ultrasound
shall not be subject to an open records request and shall be subject
to HIPAA regulations governing confidentiality and release of
private medical records.
21A. If an ultrasound was not performed prior to the abortion,
was the reason for not performing an ultrasound a medical emergency
necessitating an immediate abortion:
To avert death: _______
To avert substantial and irreversible impairment of a major
bodily function arising from continued pregnancy: _______
Other reason: ____________
22. If ultrasound equipment was used, was the ultrasound
performed by:
The physician performing the abortion: _____
A physician other than the physician performing the abortion:
_____
Other (specify): ___________________________
23. Was the information required by paragraph 1 of subsection B
of Section 1-738.2 of Title 63 of the Oklahoma Statutes provided to
the mother? ___________
a. If yes, was it provided:
In person: ___________
By telephone: ___________
b. Was it provided by:
A referring physician: __________
The physician performing the abortion: _________
An agent of a referring physician: ___________
An agent of the physician performing the abortion: ________
24. Was the information required by paragraph 2 of subsection B
of Section 1-738.2 of Title 63 of the Oklahoma Statutes provided to
the mother? _________
a. If yes, was it provided:
In person: _______
By telephone: _______
b. Was it provided by:
A referring physician: _______
An agent of a referring physician: _______
The physician performing the abortion: ________
An agent of the physician performing the abortion: _______
25. Did the mother avail herself of the opportunity to have the
printed materials described in Section 1-738.3 of Title 63 of the
Oklahoma Statutes mailed to her? ______________
Oklahoma Statutes - Title 63. Public Health and Safety Page 350
26. Were the informed consent requirements of subsection B of
Section 1-738.2 of Title 63 of the Oklahoma Statutes dispensed with
because of a medical emergency necessitating an immediate abortion:
To avert death: ______
To avert substantial and irreversible impairment of a major
bodily function arising from continued pregnancy: _____
27. Was a determination of probable postfertilization age made
as required by Section 1-745.5 of Title 63 of the Oklahoma Statutes?
________
a. If no, was the determination of probable
postfertilization age dispensed with:
To avert death: ________
To avert substantial and irreversible impairment of a
major bodily function arising from continued
pregnancy: _____
b. If yes, what was the probable postfertilization age?
____
What was the method and basis of the determination?
_____
What was the basis for the determination to perform
the abortion:
To avert death: _____
To avert substantial and irreversible impairment of a
major bodily function arising from continued
pregnancy: ____
Was the method of abortion used one that, in
reasonable medical judgment, provided the best
opportunity for the unborn child to survive? _____
If yes, was there an infant born alive as a result of
the abortion? _____
If no, what was the basis of the determination? _____
28. Was the abortion performed within the scope of employment
of an Oklahoma state employee or an employee of an agency or
political subdivision of the state? ________
29. Was the abortion performed with the use of any public
institution, public facility, public equipment, or other physical
asset owned, leased, or controlled by this state, its agencies, or
political subdivisions? _________
30. If the answer to question 28 or 29 is yes:
a. Was the abortion necessary to save the life of the
mother? _______
If yes, what was the life-endangering condition?
__________
b. Did the pregnancy result from an act of forcible rape?
_______
If yes, list the law enforcement authority to which
the rape was reported: ___________________
Oklahoma Statutes - Title 63. Public Health and Safety Page 351
List the date of the report: ___________
c. Did the pregnancy result from an act of incest
committed against a minor? _________
If yes, list the law enforcement authority to which
the perpetrator was reported: ________________
List the date of the report: ___________
THIS PORTION TO BE COMPLETED IN CASE OF MINOR
31. Minor's age at the time the abortion was performed:
___________
32. Was a parent of the minor provided notice prior to the
abortion as described in Section 1-740.2 of Title 63 of the Oklahoma
Statutes? ________
a. If yes, how was the notice provided?
In person: _______
By mail: _______
b. If yes, to the best of the reporting physician's
knowledge and belief, did the minor go on to obtain
the abortion? ________
33. Was informed written consent of one parent obtained as
described in Section 1-740.2 of Title 63 of the Oklahoma Statutes?
______
If yes, how was it secured?
In person: ___________
Other (specify): _________
34. If no notice was provided nor consent obtained, indicate
which of the following apply:
Minor was emancipated: ___________
Abortion was necessary to prevent the death of the minor: _____
Medical emergency, as defined in Section 1-738.1A of Title 63 of
the Oklahoma Statutes, existed: ___________
Minor received judicial authorization to obtain abortion without
parental notice or consent: ___________
35. If no notice was provided nor consent obtained because a
medical emergency existed, indicate:
Whether parent was subsequently notified (state period of time
elapsed before notice was given): ____________
Whether judicial waiver of notice requirement was obtained:
________
36. If the minor received judicial authorization to obtain an
abortion without parental notice or consent, indicate which of the
following applies:
Judge ruled that minor was mature enough to give informed
consent on her own: ___________
Judge ruled that abortion was in the best interest of the
minor: ___________
Oklahoma Statutes - Title 63. Public Health and Safety Page 352
37. If the female was a minor at the time of conception,
indicate the age of the father of the unborn child at the time of
conception: ________
38. If at the time of conception the ages of the mother and
father were such that a violation of Section 1111, 1112, 1114 or
1123 of Title 21 or Section 843.5 of Title 21 of the Oklahoma
Statutes occurred, was the rape or abuse reported to the proper
authorities? ________
39. Were the remains of the fetus after the abortion examined
to ensure that all such remains were evacuated from the mother's
body? _________
If the remains of the fetus were examined after the abortion,
what was the sex of the child, as determined from such examination?
__________
Was the sex of the child determined prior to the abortion?
_________
If so, by whom? _______
If so, by what method? _____
If the sex of the child was determined prior to the abortion,
was the mother given information of the child's sex prior to the
abortion? ________
40. If the abortion was performed without surgery but rather as
the result of the administration of chemicals, was the physician
present in the same room as the woman to whom the chemicals were
administered at the time any such chemicals were first administered?
_______
4l. Prior to the pregnant woman giving informed consent to
having any part of the abortion performed or induced, if the
pregnancy was at least eight (8) weeks after fertilization, was the
pregnant woman told that it may be possible to make the embryonic or
fetal heartbeat of the unborn child audible for the pregnant woman
to hear? _______
Was the pregnant woman asked if she would like to hear the
heartbeat? ______
Was the embryonic or fetal heartbeat of the unborn child made
audible for the pregnant woman to hear, using a Doppler fetal
heart rate monitor? ______
If the response to any of the questions in this paragraph was
anything other than an unqualified YES, how was the abortion
performed in compliance with Sections 1-745.12 through 1-745.19
of Title 63 of the Oklahoma Statutes? ________
Filed this ____ day of __________, _____, by:
______________________________
(Name of physician)
_____________________________
(Physician's license number)
Oklahoma Statutes - Title 63. Public Health and Safety Page 353
NOTICE: In accordance with subsection F of Section 1-738m of Title
63 of the Oklahoma Statutes, public reports based on this form will
not contain the name, address, hometown, county of residence, or any
other identifying information of any individual female. The State
Department of Health shall take care to ensure that none of the
information included in its public reports could reasonably lead to
the identification of any individual female about whom information
is reported or of any physician providing information in accordance
with the Statistical Abortion Reporting Act. Such information is
not subject to the Oklahoma Open Records Act.
Be advised that any complication(s) shall be detailed in a
"Complications of Induced Abortion Report" and submitted to the
Department as soon as is practicable after the encounter with the
induced-abortion-related illness or injury, but in no case more than
sixty (60) days after such an encounter.
Added by Laws 2010, c. 276, § 3, eff. Nov. 1, 2010. Amended by Laws
2013, c. 303, § 1, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738l. Complications of Induced Abortion Report - Sample form.
A. Complications of Induced Abortion Report. By March 1, 2012,
the State Department of Health shall prepare and make available, on
its stable Internet website, a Complications of Induced Abortion
Report for all physicians licensed and practicing in the State of
Oklahoma.
B. Subsection C of this section shall become operative on the
later of:
1. April 1, 2012; or
2. Thirty (30) calendar days following the date on which the
State Department of Health posts on its stable Internet website the
Individual Abortion Form and instructions concerning its electronic
submission referenced in Section 3 of this act.
C. Any physician practicing in Oklahoma who encounters an
illness or injury that a reasonably knowledgeable physician would
judge is related to an induced abortion shall complete and submit,
electronically or by regular mail, a Complications of Induced
Abortion Report to the Department as soon as is practicable after
the encounter with the induced-abortion-related illness or injury,
but in no case more than sixty (60) days after such an encounter.
Nothing in the Complications of Induced Abortion Report shall
contain the name, address, hometown, county of residence, or any
other information specifically identifying any patient. Knowing or
reckless unreasonable delay or failure to submit a Complications of
Induced Abortion Report shall be sanctioned according to the
provisions of the Statistical Abortion Reporting Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 354
D. The Complications of Induced Abortion Report shall contain a
notice containing an assurance that in accordance with subsection F
of Section 5 of this act, public reports based on the form submitted
will not contain the name, address, hometown, county of residence,
or any other identifying information of any individual female, that
the State Department of Health will take care to ensure that none of
the information included in its public reports could reasonably lead
to the identification of any individual female about whom
information is reported in accordance with the Statistical Abortion
Reporting Act, or of any physician providing information in
accordance with the Statistical Abortion Reporting Act, and that
such information is not subject to the Oklahoma Open Records Act.
E. Complication(s) of Induced Abortion Report. The
Complications of Induced Abortion Report shall be substantially
similar to, but need not be in the specific format of, the following
form:
Complications of Induced Abortion Report
1. Name and specialty field of medical practice of the
physician filing the report: _________________________________
2. Did the physician filing the report perform or induce the
abortion? ________________________________________________
3. Name, address, and telephone number of the health care
facility where the induced abortion complication was discovered or
treated: __________________________________________________________
4. Date on which the complication was discovered: ________
5. Date on which, and location of the facility where, the
abortion was performed, if known: _________________________________
6. Age of the patient experiencing the complication: _____
7. Describe the complication(s) resulting from the induced
abortion: ______________________________________________________
8. Circle all that apply:
a. Death
b. Cervical laceration requiring suture or repair
c. Heavy bleeding/hemorrhage with estimated blood loss of
greater than or equal to 500cc
d. Uterine Perforation
e. Infection
f. Failed termination of pregnancy (continued viable
pregnancy)
g. Incomplete termination of pregnancy (Retained parts of
fetus requiring re-evacuation)
h. Other (May include psychological complications, future
reproductive complications, or other illnesses or
injuries that in the physician’s medical judgment
occurred as a result of an induced abortion. Specify
diagnosis.): _______________________________
Oklahoma Statutes - Title 63. Public Health and Safety Page 355
9. Type of follow-up care, if any, recommended:
______________________
10. Will the physician filing the Complications of Induced
Abortion Report be providing such follow-up care (if not, the name
of the medical professional who will, if known)?
_____________________________
11. Name and license number of physician filing the
Complications of Induced Abortion Report: _________________________
Added by Laws 2010, c. 276, § 4, eff. Nov. 1, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738m. Annual Abortion Report - Annual Judicial Bypass of
Abortion Parental Consent Summary Report.
A. Beginning in 2013, by June 1 of each year, the Department
shall issue, on its stable Internet website, a public Annual
Abortion Report providing statistics for the previous calendar year
compiled from all of the reports covering that year submitted in
accordance with the Statistical Abortion Reporting Act.
B. The Department's public report shall also provide statistics
for all previous calendar years for which abortion-reporting
requirements have been in effect, adjusted to reflect any additional
information from late or corrected reports.
C. The Annual Abortion Report shall include, but not be limited
to, the following information:
1. The number of induced abortions performed in the previous
calendar year, broken down by month and county in which the abortion
was performed;
2. The number of abortions classified by:
a. the state or foreign country of residence of the
mother,
b. the age, marital status, and race of the mother, and
c. the number of years of education of the mother;
3. The number of abortions classified by:
a. the number of previous pregnancies of the mother,
b. previous live births to the mother,
c. previous miscarriages, and
d. previous induced abortions;
4. The number of abortions by week of gestational age;
5. The number of abortions performed by each reported method;
6. The number of abortions resulting in an infant born alive;
of these, the number of cases in which life-sustaining measures were
taken; and a statistical summary of the length of survival of such
infants;
7. The number of cases in which anesthesia was administered to
the mother and the number of each type of anesthesia;
Oklahoma Statutes - Title 63. Public Health and Safety Page 356
8. The number of cases in which anesthesia was administered to
the unborn child, and the number of each type of anesthesia and of
each method of administration;
9. The number of each reported method of fetal disposal;
10. The reasons reported for the abortions, and the number of
times each reported reason was cited;
11. The number of abortions paid for by:
a. private insurance,
b. public health plan,
c. Medicaid,
d. private pay, or
e. other;
12. The number of abortions in which medical health insurance
coverage was under:
a. a fee-for-service insurance company,
b. a managed care company, or
c. other;
13. A statistical summary of the fees collected;
14. Specialty area of medicine of the physician;
15. The number of abortions in which ultrasound equipment was
used before, during, or after the abortion, and the number of times
vaginal ultrasound, abdominal ultrasound, or both were used in each
of the three circumstances;
16. The number of abortions before which an ultrasound was
performed by:
a. the physician performing the abortion,
b. a physician other than the physician performing the
abortion, or
c. other;
17. The number of abortions resulting in reported
complications, and of those, how many were reported by the physician
who performed the abortion, and how many were reported by another
physician, the types of reported complications, and the number of
each type based on data which shall be compiled and transmitted to
the State Department of Health by the State Board of Medical
Licensure and Supervision and the State Board of Osteopathic
Examiners;
18. The number of abortions resulting in the reported death of
the mother;
19. The number of females to whom the physician provided the
information in subparagraph a of paragraph 1 of subsection B of
Section 1-738.2 of this title; of that number, the number provided
by telephone and the number provided in person; and of each of those
numbers, the number provided in the capacity of a referring
physician and the number provided in the capacity of a physician who
is to perform the abortion;
Oklahoma Statutes - Title 63. Public Health and Safety Page 357
20. The number of females to whom physicians or agents of
physicians provided the information in paragraph 2 of subsection B
of Section 1-738.2 of this title; of that number, the number
provided by telephone and the number provided in person; of each of
those numbers, the number provided in the capacity of a referring
physician and the number provided in the capacity of a physician who
is to perform the abortion; and of each of those numbers, the number
provided by the physician and the number provided by an agent of the
physician;
21. The number of females who availed themselves of the
opportunity to have a copy of the printed information described in
Section 1-738.3 of this title mailed to them; and of that number,
the number who, based on the submitted reports, did and did not
obtain an abortion;
22. The number of abortions performed by the physician in which
information otherwise required to be provided at least seventy-two
(72) hours before the abortion was not so provided because an
immediate abortion was necessary to avert the death of the female,
and the number of abortions in which such information was not so
provided because a delay would create serious risk of substantial
and irreversible impairment of a major bodily function;
23. The number of females to whom physicians or their agents
provided the information described in subsection A of Section 1-
738.8 of this title; of that number:
a. the number provided by telephone and the number
provided in person; and of each of those numbers, the
number provided in the capacity of a referring
physician and the number provided in the capacity of a
physician who is to perform the abortion, or by the
agent of such physician, and
b. the number of females who availed themselves of the
opportunity to be given or mailed the materials
described in Section 1-738.10 of this title, and the
number who did not; and of each of those numbers, the
number who, to the best of the information and belief
of the reporting physician, went on to obtain the
abortion;
24. The number of females to whom the information described in
subsection A of Section 1-738.8 of this title would have had to be
provided but for a medical emergency determination; of that number,
the number for whom an immediate abortion was necessary to avert the
death of the female, and the number for whom a delay would have
created serious risk of substantial and irreversible impairment of a
major bodily function;
25. The number of abortions performed within the scope of
employment of Oklahoma state employees and employees of an agency or
political subdivision of the state, the number of abortions
Oklahoma Statutes - Title 63. Public Health and Safety Page 358
performed with the use of public institutions, facilities,
equipment, or other physical assets owned, leased, or controlled by
this state, its agencies, or political subdivisions, and for each
category:
a. the number of abortions reported as necessary to save
the life of the mother, the life-endangering
conditions identified, and the number of each such
condition reported,
b. the number of abortions reported from pregnancies
resulting from forcible rape, the number of such rapes
reported to law enforcement authorities, general
categories of law enforcement authorities to whom
reports were made and the number made to each
category, and a statistical summary of the length of
time between the dates of reporting to law enforcement
authorities and the dates of the abortions, and
c. the number of abortions reported from pregnancies
resulting from incest committed against a minor, the
number of perpetrators of incest in such cases
reported to law enforcement authorities, general
categories of law enforcement authorities to whom
reports were made and the number made to each
category, and a statistical summary of the length of
time between the dates of reporting to law enforcement
authorities and the dates of the abortions;
26. The number of females to a parent of whom the physician
provided notice as required by Section 1-740.2 of this title; of
that number, the number provided personally as described in that
section, and the number provided by mail as described in that
section, and of each of those numbers, the number of females who, to
the best of the information and belief of the reporting physician,
went on to obtain the abortion;
27. The number of females upon whom the physician performed an
abortion without the notice to or consent of the parent of the minor
required by Section 1-740.2 of this title; of that number, the
number who were emancipated minors and the number who suffered from
a medical emergency, and of the latter, the number of cases in which
a parent was notified subsequently and the number of cases in which
a judicial waiver was obtained. In the case of medical emergencies
in which a parent was informed subsequently, a statistical summary
of the period of time elapsed before notification;
28. The number of abortions performed after receiving judicial
authorization to do so without parental notice and consent;
29. The number of abortions performed on minors after judicial
authorizations were granted because of a finding that the minor girl
was mature and capable of giving informed consent;
Oklahoma Statutes - Title 63. Public Health and Safety Page 359
30. The number of abortions performed on minors after judicial
authorizations were granted because of a finding that the
performance of the abortion without parental notification and
consent was in the best interest of the minor;
31. The number of abortions performed after which the remains
of the fetus after the abortion were examined to ensure that all
such remains were evacuated from the mother's body;
32. The number of male children aborted and female children
aborted, as determined from the examination of fetal remains after
abortion;
33. The number of male children aborted and female children
aborted, as determined by any method other than those reported in
paragraph 32 of this subsection;
34. The number of instances in which the mother was informed
prior to the abortion that the child to be aborted was a female;
35. The number of abortions performed without surgery but
rather as the result of the administration of chemicals;
36. The number of abortions performed as reported in paragraph
35 of this subsection, in which the physician was present in the
same room as the woman to whom the chemicals were administered at
the time any such chemicals were first administered;
37. The number of abortions performed for each hospital at
which the abortionist had hospital privileges at the time of the
abortion;
38. The number of abortions performed at which ultrasound
equipment was used before the abortion;
39. The number of abortions reported in paragraph 38 of this
subsection, during which the mother was under the effect of
anesthesia at the time of the ultrasound;
40. The number of abortions performed at which ultrasound
equipment was used during the abortion;
41. The number of abortions reported in paragraph 40 of this
subsection, during which the mother was under the effect of
anesthesia at the time of the ultrasound;
42. The number of abortions performed at which ultrasound
equipment was used after the abortion;
43. The number of abortions reported in paragraph 42 of this
subsection, during which the mother was under the effect of
anesthesia at the time of the ultrasound;
44. The mean gestational age of the fetus at the time of the
abortion, as determined by ultrasounds reported;
45. The number of abortions for which no determination of
probable postfertilization age was made as required by Section 1-
745.5 of this title; and
46. The number of abortions in which the pregnant woman was
told that it may be possible to make the embryonic or fetal
heartbeat of the unborn child audible for the pregnant woman to
Oklahoma Statutes - Title 63. Public Health and Safety Page 360
hear; the number of abortions in which the pregnant woman was asked
if she would like to hear the heartbeat; and the number of abortions
in which the embryonic or fetal heartbeat of the unborn child was
made audible for the pregnant woman to hear, using a Doppler fetal
heart rate monitor.
D. Beginning in 2013, by June 1 of each year, the State
Department of Health shall post, on its stable Internet website, a
public Annual Judicial Bypass of Abortion Parental Consent Summary
Report providing statistics which shall be compiled and supplied to
the Department by the Administrative Office of the Courts giving the
total number of petitions or motions filed under Section 1-740.3 of
this title and of that number, the number in which:
1. The court appointed a guardian ad litem;
2. The court appointed counsel;
3. The judge issued an order authorizing an abortion without
parental notification or consent, and of those:
a. the number authorized due to a determination by the
judge that the minor was mature and capable of giving
consent to the proposed abortion, and
b. the number authorized due to a determination by the
judge that an abortion was in the best interest of the
minor; and
4. The judge denied such an order, and of this, the number of:
a. denials from which an appeal was filed,
b. the appeals that resulted in the denial being
affirmed, and
c. appeals that resulted in reversals of the denials.
E. Each Annual Judicial Bypass of Abortion Parental Consent
Summary Report shall also provide the statistics for all previous
calendar years for which the public statistical report was required
to be issued, adjusted to reflect any additional information from
late or corrected reports.
F. The Department's public reports shall not contain the name,
address, hometown, county of residence, or any other identifying
information of any individual female, and shall take care to ensure
that none of the information included in its public reports could
reasonably lead to the identification of any individual female about
whom information is reported in accordance with the Statistical
Abortion Reporting Act or of any physician providing information in
accordance with the Statistical Abortion Reporting Act. Nor shall
the information described in the preceding sentence be subject to
the Oklahoma Open Records Act.
Added by Laws 2010, c. 276, § 5, eff. Nov. 1, 2010. Amended by Laws
2013, c. 303, § 2, eff. Nov. 1, 2013; Laws 2015, c. 255, § 6, eff.
Nov. 1, 2015.
Oklahoma Statutes - Title 63. Public Health and Safety Page 361
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738n. Notification of physicians - Late fee - Promulgation of
rules – Claims brought by taxpayers.
A. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall notify, by March 1, 2012,
all physicians licensed to practice in this state over whom they
have licensure authority of the requirements of the Statistical
Abortion Reporting Act and of the addresses of the pages on the
State Department of Health's secure Internet website providing
access to the forms it requires and instructions for their
electronic submission. The respective Board shall also notify each
physician who subsequently becomes newly licensed to practice in
this state, at the same time as an official notification to that
physician, that the physician is so licensed.
B. Individual Abortion Forms or Complications of Induced
Abortion Reports that are not submitted by the end of a grace period
of thirty (30) days following the due date shall be subject to a
late fee of Five Hundred Dollars ($500.00) for each additional
thirty-day period the forms or reports are overdue. Any monies
collected under this subsection shall be deposited into an account
created within the Department, which shall be used for the
administration of the Statistical Abortion Reporting Act. Any
physician required to report in accordance with the Statistical
Abortion Reporting Act who has not completed and electronically
submitted a form or report, or has submitted only an incomplete form
or report, more than one (1) year following the due date shall be
precluded from renewing his or her license until such fines are paid
in full and outstanding forms or reports are submitted, and may, in
an action brought by the State Department of Health, be directed by
a court of competent jurisdiction to electronically submit completed
forms or reports within a period stated by court order or be subject
to sanctions for civil contempt.
C. Anyone who knowingly or recklessly fails to submit an
Individual Abortion Form or Complications of Induced Abortion
Report, or submits false information under the Statistical Abortion
Reporting Act, shall be guilty of a misdemeanor.
D. The Department, the State Board of Medical Licensure and
Supervision and the State Board of Osteopathic Examiners shall
ensure compliance with the Statistical Abortion Reporting Act and
shall verify the data provided by periodic inspections of places
where the Department, the State Board of Medical Licensure and
Supervision or the State Board of Osteopathic Examiners know or have
reason to believe abortions are performed.
Oklahoma Statutes - Title 63. Public Health and Safety Page 362
E. The Department may promulgate rules in accordance with the
Administrative Procedures Act to alter the dates established by the
Statistical Abortion Reporting Act to achieve administrative
convenience, fiscal savings, or to reduce the burden of reporting
requirements, so long as the forms and reports are made available,
on its stable Internet website, to all licensed physicians in this
state, and the public reports described in Section 1-738m of this
title are issued at least once every year.
F. If the Department fails to issue the public reports
described in Section 1-738m of this title, an action pursuant to
Chapter 26 of Title 12 of the Oklahoma Statutes may be initiated.
If judgment is rendered in favor of the plaintiff in any action
described in this subsection, the court shall also render judgment
for a reasonable attorney fee in favor of the plaintiff against the
defendant. If judgment is rendered in favor of the defendant and
the court finds that the plaintiff's suit was frivolous and brought
in bad faith, the court shall also render judgment for a reasonable
attorney fee in favor of the defendant against the plaintiff.
G. If an abortion provider fails to submit any report required
pursuant to Section 1-738k of this title, upon the refusal, failure
or neglect of the State Commissioner of Health, within twenty (20)
days after written demand signed, verified and served upon the State
Department of Health by at least ten registered voters of the state,
to institute or diligently prosecute proper proceedings at law or in
equity to compel an abortion provider to submit any report required
pursuant to Section 1-738k of this title but not yet submitted to
the State Department of Health, any resident taxpayer of the state
after serving the notice aforesaid may in the name of the State of
Oklahoma as plaintiff, institute and maintain any proper action
which the State Department of Health might institute and maintain to
compel the abortion provider to file such report. If a court of
competent jurisdiction determines the claims to be meritorious, the
abortionist shall be compelled to file the report and to pay the
fee(s) prescribed in subsection B of this section, with costs and
reasonable attorney fees. If all claims stated by the resident
taxpayers in the written demand are determined in a court of
competent jurisdiction to be frivolous and brought in bad faith, the
resident taxpayers who signed such demand and who are parties to the
lawsuit in which such claims are determined to be frivolous and
brought in bad faith shall be jointly and severally liable for all
reasonable attorney fees and court costs incurred by the
abortionist.
Added by Laws 2010, c. 276, § 6, eff. Nov. 1, 2010. Amended by Laws
2013, c. 303, § 3, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 363
§63-1-738o. Authority to intervene by right.
The Oklahoma Legislature, by joint resolution, may appoint one
or more of its members who sponsored or cosponsored this act in his
or her official capacity to intervene as a matter of right in any
case in which the constitutionality of this law is challenged.
Added by Laws 2010, c. 276, § 7, eff. Nov. 1, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738p. Judicial order restraining or enjoining Statistical
Abortion Reporting Act.
A. Sections 1-738.3a, 1-738.13 and 1-740.4a of Title 63 of the
Oklahoma Statutes shall become ineffective and of no binding force
on the date specified in subsection B of this section, but if the
Statistical Abortion Reporting Act is ever temporarily or
permanently restrained or enjoined by judicial order, these sections
shall become effective and enforceable; provided, however, that if
such temporary or permanent restraining order or injunction is ever
stayed or dissolved, or otherwise ceases to have effect, these
sections shall again become ineffective and of no binding force
until or unless an injunction or restraining order against the
Statistical Abortion Reporting Act is again in effect. If and to
the extent the Statistical Abortion Reporting Act is restrained or
enjoined in part, then only those provisions of these sections that
neither conflict with nor substantively duplicate the provisions of
the Statistical Abortion Reporting Act that are not enjoined shall
have effect. As promptly as feasible following the issuance of any
restraining order or injunction that enjoins part but not all of the
Statistical Abortion Reporting Act, the Attorney General shall issue
an opinion specifically identifying those provisions of these
sections that are effective and enforceable in accordance with the
preceding sentence.
B. The date specified in this subsection is the later of:
1. April 1, 2012; or
2. Thirty (30) calendar days following the date on which the
State Department of Health posts on its secure Internet website the
Individual Abortion Form and instructions concerning its electronic
submission referenced in Section 3 of this act.
Added by Laws 2010, c. 276, § 8, eff. Nov. 1, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-738q. Injucntion or restraining orders – Enforcement of
provisions.
Oklahoma Statutes - Title 63. Public Health and Safety Page 364
If some or all of the provisions of Sections 1-738k, 1-738m and
1-738n of Title 63 of the Oklahoma Statutes, as amended by Sections
1, 2 and 3 of this act, are ever temporarily or permanently
restrained or enjoined by judicial order, these sections shall be
enforced as though such restrained or enjoined provisions had not
been adopted; provided, however, that whenever such temporary or
permanent restraining order or injunction is stayed or dissolved, or
otherwise ceases to have effect, such provisions shall have full
force and effect.
Added by Laws 2013, c. 303, § 4, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 5, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-739. Records.
All hospitals shall keep records, including admission and
discharge notes, histories, results of tests and examinations,
nurses worksheets, social service records and progress notes of
patients. All abortion facilities and hospitals in which abortions
are performed shall also keep certifications of medical necessity,
certifications of nonviability, certifications of nonavailability,
abortion reports and complication reports as required in this act.
Such records shall be maintained in the permanent files of the
hospital for a period of not less than seven (7) years.
Added by Laws 1978, c. 207, § 11, eff. Oct. 1, 1978.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740. Abortion on minor without parental consent or knowledge
- Liability.
Any person who performs an abortion on a minor without parental
consent or knowledge shall be liable for the cost of any subsequent
medical treatment such minor might require because of the abortion.
Added by Laws 2001, c. 379, § 2, emerg. eff. June 4, 2001.
NOTE: Editorially renumbered from § 1-738 of this title to avoid
duplication in numbering.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740.1. Definitions.
As used in Sections 1-740.1 through 1-740.5 of this title:
1. "Abortion" means the term as is defined in Section 1-730 of
this title;
2. "Medical emergency" means the existence of any physical
condition, not including any emotional, psychological, or mental
Oklahoma Statutes - Title 63. Public Health and Safety Page 365
condition, which a reasonably prudent physician, with knowledge of
the case and treatment possibilities with respect to the medical
conditions involved, would determine necessitates the immediate
abortion of the pregnancy of the minor in order to avert her death
or to avert substantial and irreversible impairment of a major
bodily function arising from continued pregnancy, and there is
insufficient time to provide the required notice and obtain the
written informed consent of one parent;
3. "Parent" means one parent of the pregnant unemancipated
minor or guardian if the pregnant unemancipated minor has one; and
4. "Unemancipated minor" means any person less than eighteen
(18) years of age who is not or has not been married or who is under
the care, custody and control of the person's parent or parents,
guardian or juvenile court of competent jurisdiction.
Added by Laws 2005, c. 200, § 11, emerg. eff. May 20, 2005. Amended
by Laws 2007, c. 161, § 5, eff. Nov. 1, 2007.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740.2. Consent of parent - Requirements - Exceptions - Forms.
A. Except in the case of a medical emergency, a physician may
not perform an abortion on a pregnant female unless the physician
has:
1. Obtained proof of age demonstrating that the female is not a
minor;
2. Obtained proof that the female, although a minor, is
emancipated; or
3. Complied with Section 1-740.3 of this title.
B. No abortion shall be performed upon an unemancipated minor
or upon a female for whom a guardian has been appointed pursuant to
Section 1-113 of Title 30 of the Oklahoma Statutes because of a
finding of incompetency, except in a medical emergency or where a
judicial waiver was obtained pursuant to Section 1-740.3 of this
title, until at least forty-eight (48) hours after the request for
written informed consent for the pending abortion has been delivered
in the manner specified in this subsection and the attending
physician has secured proof of identification and the written
informed consent of one parent.
1. The request for written informed consent of one parent shall
be addressed to the parent at the usual place of abode of the parent
and delivered personally to the parent by the physician or an agent.
2. In lieu of the delivery required by paragraph 1 of this
subsection, the request for written informed consent of one parent
shall be made by certified mail addressed to the parent at the usual
place of abode of the parent with return-receipt requested and
restricted delivery to the addressee, which means a postal employee
Oklahoma Statutes - Title 63. Public Health and Safety Page 366
can only deliver the mail to the authorized addressee. Time of
delivery shall be deemed to occur at 12 noon on the third day on
which regular mail delivery takes place, subsequent to mailing. The
information concerning the address of the parent shall be that which
a reasonable and prudent person, under similar circumstances, would
have relied upon as sufficient evidence that the parent resides at
that address.
3. a. The parent who provides consent shall provide to the
physician a copy of a government-issued proof of
identification and written documentation that
establishes that he or she is the lawful parent of the
pregnant female. The parent shall certify in a
signed, dated, notarized statement, initialed on each
page, that he or she consents to the abortion. The
signed, dated, and notarized statement shall include:
"I certify that I, (insert name of parent), am the
parent of (insert name of minor daughter) and give
consent for (insert name of physician) to perform an
abortion on my daughter. I understand that any person
who knowingly makes a fraudulent statement in this
regard commits a felony."
b. The physician shall keep a copy of the proof of
identification of the parent and the certified
statement in the medical file of the minor for five
(5) years past the majority of the minor, but in no
event less than seven (7) years.
c. A physician receiving parental consent under this
section shall execute for inclusion in the medical
record of the minor an affidavit stating: "I, (insert
name of physician), certify that according to my best
information and belief, a reasonable person under
similar circumstances would rely on the information
presented by both the minor and her parent as
sufficient evidence of identity."
C. No request for written informed consent of one parent shall
be required under this section if the attending physician certifies
in the medical records of the pregnant unemancipated minor that a
medical emergency exists; provided, however, that the attending
physician or an agent shall, within twenty-four (24) hours after
completion of the abortion, notify one of the parents of the minor
in the manner provided in this section that an emergency abortion
was performed on the minor and of the circumstances that warranted
invocation of this subsection.
D. The attending physician, or the agent of the physician,
shall verbally inform the parent of the minor within twenty-four
(24) hours after the performance of a medical emergency abortion or
an abortion that was performed to prevent her death that an abortion
Oklahoma Statutes - Title 63. Public Health and Safety Page 367
was performed on the unemancipated minor. The attending physician,
or the agent of the attending physician, shall also inform the
parent of the basis for the certification of the physician required
under subsection C of this section. The attending physician, or the
agent of the attending physician, shall also send a written notice
of the performed abortion via the United States Post Office to the
last-known address of the parent, restricted delivery, return
receipt requested. The information concerning the address of the
parent shall be that which a reasonable and prudent person, under
similar circumstances, would have relied upon as sufficient evidence
that the parent resides at that address.
E. The State Board of Health shall adopt the forms necessary
for physicians to obtain the certifications required by this
section.
Added by Laws 2005, c. 200, § 12, emerg. eff. May 20, 2005. Amended
by Laws 2006, c. 185, § 18, eff. Nov. 1, 2006; Laws 2007, c. 161, §
6, eff. Nov. 1, 2007; Laws 2009, c. 234, § 152, emerg. eff. May 21,
2009; Laws 2013, c. 268, § 1, eff. Nov. 1, 2013; Laws 2013, c. 320,
§ 2, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740.2A. Evaluation and counseling session.
A. Prior to the court hearing for judicial waiver pursuant to
Section 1-740.3 of Title 63 of the Oklahoma Statutes, the court may
require the pregnant unemancipated minor to participate in an
evaluation and counseling session with a mental health professional
from the State Department of Health. Such evaluation shall be
confidential and scheduled expeditiously.
B. Such evaluation and counseling session shall be for the
purpose of developing trustworthy and reliable expert opinion
concerning the pregnant unemancipated minor's sufficiency of
knowledge, insight, judgment, and maturity with regard to her
abortion decision in order to aid the court in its decision and to
make the resources of the state available to the court for this
purpose. Persons conducting such sessions may employ the
information and printed materials referred to in Sections 1-738.2
and 1-738.3 of Title 63 of the Oklahoma Statutes in examining how
well the pregnant unemancipated minor is informed about pregnancy,
fetal development, abortion risks and consequences, and abortion
alternatives, and should also endeavor to verify that the pregnant
unemancipated minor is seeking an abortion of her own free will and
is not acting under coercion, intimidation, threats, abuse, undue
pressure, or extortion by any other persons.
C. The results of such evaluation and counseling shall be
reported to the court by the most expeditious means, commensurate
Oklahoma Statutes - Title 63. Public Health and Safety Page 368
with security and confidentiality, to assure receipt by the court
prior to a hearing on the petition of the pregnant unemancipated
minor.
Added by Laws 2013, c. 268, § 2, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 7, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740.3. Judicial authorization prior to abortion - Court
proceedings - Confidentiality - Appeal.
A. If a pregnant unemancipated minor elects not to allow the
request for written informed consent of her parent, any judge of a
district court in the county in which the pregnant unemancipated
minor resides shall, upon petition or motion, and after an
appropriate hearing, authorize a physician to perform the abortion
if the judge determines, by clear and convincing evidence, that the
pregnant unemancipated minor is mature and capable of giving
informed consent to the proposed abortion based upon her experience
level, perspective, and judgment. If the judge determines that the
pregnant unemancipated minor is not mature, or if the pregnant
unemancipated minor does not claim to be mature, the judge shall
determine, by clear and convincing evidence, whether the performance
of an abortion upon her without written informed consent of her
parent would be in her best interest and shall authorize a physician
to perform the abortion without written informed consent if the
judge concludes that the best interests of the pregnant
unemancipated minor would be served thereby.
In assessing the experience level of the pregnant unemancipated
minor, the court may consider, among other relevant factors, the age
of the pregnant unemancipated minor and experiences working outside
the home, living away from home, traveling on her own, handling
personal finances, and making other significant decisions. In
assessing the perspective of the pregnant unemancipated minor, the
court may consider, among other relevant factors, what steps the
pregnant unemancipated minor took to explore her options and the
extent to which she considered and weighed the potential
consequences of each option. In assessing the judgment of the
pregnant unemancipated minor, the court may consider, among other
relevant factors, the conduct of the pregnant unemancipated minor
since learning of her pregnancy and her intellectual ability to
understand her options and to make an informed decision. In
assessing whether, by clear and convincing evidence, obtaining the
written informed consent of the parent of the pregnant unemancipated
minor is not in her best interest, a court may not consider the
potential financial impact on the pregnant unemancipated minor or
the family of the pregnant unemancipated minor if she does not have
an abortion.
Oklahoma Statutes - Title 63. Public Health and Safety Page 369
B. A pregnant unemancipated minor may participate in
proceedings in the court on her own behalf, and the court may
appoint a guardian ad litem for her. The court shall advise the
pregnant unemancipated minor that she has a right to court-appointed
counsel and, upon her request, shall provide her with counsel.
C. Proceedings in the court under this section shall be
confidential and shall be given precedence over other pending
matters so that the court may reach a decision promptly and without
delay so as to serve the best interests of the pregnant
unemancipated minor. A judge of the court who conducts proceedings
under this section shall make, in writing, specific factual findings
and legal conclusions supporting the decision and shall order a
record of the evidence to be maintained, including the findings and
conclusions of the court.
D. An expedited confidential appeal shall be available to any
pregnant unemancipated minor for whom the court denies an order
authorizing an abortion without written informed consent of one
parent. An order authorizing an abortion without written informed
consent of one parent shall not be subject to appeal. No filing
fees shall be required of any pregnant unemancipated minor at either
the trial or the appellate level. Access to the trial court for the
purpose of a petition or motion, and access to the appellate courts
for the purpose of making an appeal from the denial of same, shall
be afforded a pregnant unemancipated minor twenty-four (24) hours a
day, seven (7) days a week.
Added by Laws 2005, c. 200, § 13, emerg. eff. May 20, 2005. Amended
by Laws 2006, c. 185, § 19, eff. Nov. 1, 2006; Laws 2007, c. 161, §
7, eff. Nov. 1, 2007; Laws 2013, c. 268, § 3, eff. Nov. 1, 2013;
Laws 2013, c. 320, § 3, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740.4. Illegal abortion on unemancipated minor - Criminal and
civil liability.
Performance of an abortion in knowing or reckless violation of
Sections 1-740.1 through 1-740.5 of this title shall be a
misdemeanor. Performance of an abortion in violation of Sections 1-
740.1 through 1-740.5 of this title shall be grounds for actual and
punitive damages in a civil action pursuant to Sections 1-738.3f
through 1-738.3k of this title.
Added by Laws 2005, c. 200, § 14, emerg. eff. May 20, 2005. Amended
by Laws 2006, c. 185, § 20, eff. Nov. 1, 2006; Laws 2013, c. 320, §
4, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 370
§63-1-740.4a. Report of procedure - Contents - Submission - Late
fee - Public report - Rules - Failure to post public report -
Attorneys fees.
A. Any physician performing an abortion upon an unemancipated
minor shall complete and electronically transmit to the State
Department of Health a report of the procedure within thirty (30)
days after having performed the abortion. Within ninety (90) days
after this act becomes law, the State Department of Health shall
prepare and make available on its stable Internet web site the
reporting forms for this purpose to all physicians required to be
licensed in this state and health facilities licensed in accordance
with Section 1-702 of Title 63 of the Oklahoma Statutes. The
reporting form regarding the minor receiving the abortion shall
include, but not be limited to:
1. Age;
2. Educational level;
3. Number of previous pregnancies;
4. Number of previous live births;
5. Number of previous abortions;
6. Complications, if any, of the abortion being reported;
7. The city and county in which the abortion was performed;
8. Whether a parent gave consent to the physician, or an agent
of the physician, pursuant to Section 1-740.2 of Title 63 of the
Oklahoma Statutes; or
9. Whether the physician performed the abortion without first
obtaining the consent of the parent of the minor as described in
Section 1-740.2 of Title 63 of the Oklahoma Statutes; if so:
a. whether the minor was emancipated,
b. whether the abortion was performed because of a
medical emergency,
c. whether the abortion was performed to prevent the
death of the minor,
d. whether the parent was notified after the performance
of a medical emergency abortion, and
e. whether the parent was notified after the performance
of an abortion to prevent the death of the minor;
10. Whether a judicial waiver was obtained after the
performance of a medical emergency abortion; and
11. Whether a judicial waiver was obtained after the
performance of an abortion to prevent the death of the minor.
B. The State Department of Health shall ensure that the
reporting forms described in this section, together with a reprint
of this act, are posted on its stable Internet web site, within one
hundred twenty (120) days after the effective date of this act. The
State Department of Health shall notify:
Oklahoma Statutes - Title 63. Public Health and Safety Page 371
1. Each physician who subsequently becomes newly licensed to
practice in this state, simultaneously with the receipt of official
notification to that physician that the physician is so licensed, of
the requirements of this act; and
2. By December 1 of every year, other than the calendar year in
which forms are made available in accordance with subsection A of
this section, all physicians licensed to practice in this state.
C. By February 28 of each year following a calendar year in any
part of which this act was in effect, each physician, or agent of a
physician, who obtained the consent described in Section 1-740.2 of
Title 63 of the Oklahoma Statutes, and any physician who knowingly
performed an abortion upon a pregnant minor or upon a female for
whom a guardian or conservator had been appointed pursuant to
applicable federal law or as provided by Section 1-113 of Title 30
of the Oklahoma Statutes because of incompetency during the previous
calendar year shall complete and electronically submit to the State
Department of Health the form described in subsection A of this
section, with the requested data entered accurately and completely.
Any such report shall not contain the name, address, or other
information by which the minor receiving the abortion may be
identified.
D. Reports that are not submitted by the end of a grace period
of thirty (30) days following the due date shall be subject to a
late fee of Five Hundred Dollars ($500.00) for each additional
thirty-day period or portion of a thirty-day period the reports are
overdue. Any physician required to report in accordance with this
section who has not electronically submitted a report, or has
electronically submitted only an incomplete report, more than one
(1) year following the due date, may, in an action brought by the
State Department of Health, be directed by a court of competent
jurisdiction to submit a complete report within a period stated by
court order or be subject to sanctions for civil contempt.
E. By June 30 of each year, the State Department of Health
shall post, on its stable Internet web site, a public report
providing statistics for the previous calendar year compiled from
all of the reports covering that year submitted in accordance with
this section for each of the items listed in subsection A of this
section. The report shall also include statistics giving the total
number of petitions or motions filed under Section 1-740.3 of Title
63 of the Oklahoma Statutes and of that number:
1. The number in which the court appointed a guardian ad litem;
2. The number in which the court appointed counsel;
3. The number in which the judge issued an order authorizing an
abortion without notification; and
4. The number in which the judge denied such an order, and of
this:
a. the number of denials from which an appeal was filed,
Oklahoma Statutes - Title 63. Public Health and Safety Page 372
b. the number of the appeals that resulted in the denial
being affirmed, and
c. the number of appeals that resulted in reversals of
the denials.
Each report shall also provide the statistics for all previous
calendar years for which the public statistical report was required
to be issued, adjusted to reflect any additional information from
late or corrected reports. The State Department of Health shall
take care to ensure that none of the information included in the
public reports could reasonably lead to the identification of any
individual female.
F. The State Department of Health may promulgate rules in
accordance with the Administrative Procedures Act to alter the dates
established by this section or consolidate the forms or reports to
achieve administrative convenience, fiscal savings, or to reduce the
burden of reporting requirements, as long as reporting forms are
made available on its web site, to all licensed physicians in the
state at least once every year and the report described in
subsection E of this section is posted at least once every year.
G. If the State Department of Health fails to post the public
report required by subsection E of this section, an action may be
initiated pursuant to Title 12 of the Oklahoma Statutes.
H. If judgment is rendered in favor of the plaintiff in any
action described in this section, the court shall also render
judgment for a reasonable attorney fee in favor of the plaintiff
against the defendant. If judgment is rendered in favor of the
defendant and the court finds that the plaintiff’s suit was
frivolous and brought in bad faith, the court shall also render
judgment for a reasonable attorney fee in favor of the defendant
against the plaintiff.
Added by Laws 2007, c. 161, § 8, eff. Nov. 1, 2007.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740.4b. Unlawful acts - Defense - Civil action - Consent.
A. A person who knowingly or recklessly uses a false
governmental record or makes a fraudulent representation or
statement in order to obtain an abortion for a minor in violation of
this title or intentionally causes, aids, abets or assists an
unemancipated minor to obtain an abortion without the consent
required by Section 1-740.2 of this title commits a Class D2 felony
offense.
B. A physician who intentionally or knowingly performs an
abortion on a pregnant unemancipated minor in violation of this
title commits a Class D2 felony offense.
Oklahoma Statutes - Title 63. Public Health and Safety Page 373
C. 1. It is a defense to prosecution under subsection B of
this section if the person falsely representing himself or herself
as the parent or guardian of the minor displayed an apparently valid
governmental record of identification such that a reasonable person,
under similar circumstances, would have relied on the
representation.
2. The defense does not apply if the physician, or agent of the
physician, failed to use due diligence in determining the age of the
minor or the identity of the person represented as the parent or
guardian of the minor.
D. A person who knowingly or recklessly uses a false
governmental record or makes a fraudulent representation or
statement in order to obtain an abortion for a minor in violation of
this title or intentionally causes, aids, abets or assists an
unemancipated minor to obtain an abortion without the consent
required by Section 1-740.2 of this title or any physician who
intentionally or knowingly performs an abortion on a pregnant
unemancipated minor in violation of this title shall be civilly
liable to the minor and to the person or persons required to give
consent pursuant to the provisions of Section 1-740.2 of this title.
A court may award damages to the person or persons adversely
affected by a violation of this section including compensation for
emotional injury without the need for personal presence at the act
or event, and the court may further award attorney fees, litigation
costs, and punitive damages. Any adult who engages in or consents
to another person engaging in a sexual act with a minor, which
results in the minor's pregnancy, shall not be awarded damages under
this section.
E. A court of competent jurisdiction may enjoin conduct that
would be in violation of this section upon petition by the Attorney
General, a district attorney or any person adversely affected or who
reasonably may be adversely affected by such conduct, upon a showing
that such conduct:
1. Is reasonably anticipated to occur in the future; or
2. Has occurred in the past, whether with the same minor or
others, and that it is reasonably expected to be repeated.
F. It is not a defense to a claim brought pursuant to this
section that the minor gave informed and voluntary consent.
G. An unemancipated minor does not have the capacity to consent
to any action that violates this title.
Added by Laws 2007, c. 161, § 9, eff. Nov. 1, 2007. Amended by Laws
2015, c. 386, § 1, eff. Nov. 1, 2015; Laws 2025, c. 486, § 604, eff.
Jan. 1, 2026.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 374
§63-1-740.5. Severability.
If any one or more provision, section, subsection, sentence,
clause, phrase or word of this act or the application thereof to any
person or circumstance is found to be unconstitutional, the same is
hereby declared to be severable and the balance shall remain
effective notwithstanding such unconstitutionality. The Legislature
hereby declares that it would have passed each provision, section,
subsection, sentence, clause, phrase or word thereof, irrespective
of the fact that any one or more provision, section, subsection,
sentence, clause, phrase or word be declared unconstitutional.
Added by Laws 2005, c. 200, § 15, emerg. eff. May 20, 2005.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740.6. Enjoinder, suspension, or delay of act.
If any court of law enjoins, suspends, or delays the
implementation of the provisions of this act, the provisions of
Sections 1-730, 1-738.1, 1-738.7, 1-740.1, 1-740.2 and 1-740.3 of
Title 63 of the Oklahoma Statutes, as of December 31, 2006, are
effective during the injunction, suspension, or delayed
implementation.
Added by Laws 2007, c. 161, § 10, eff. Nov. 1, 2007.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740.11. Nongovernmental entities providing alternatives-to-
abortion services, funding - Annual reports - Contracts for services
- Rules.
A. Before July 1, 2007, the State Department of Health shall
establish and implement a program to facilitate funding to
nongovernmental entities that provide alternatives-to-abortion
services. The services must be outcome-based with positive outcome-
based results.
B. During the 2006 interim, the State Department of Health
shall make annual reports to the Speaker of the House of
Representatives and the President Pro Tempore of the Senate
regarding the status of the alternatives-to-abortion services
funding, the first of which must be made by December 1, 2006.
C. The Department may contract with nongovernmental health care
and special service organizations to provide services offered under
the program. The services must be outcome-based with positive
outcome-based results. The Department may not contract with a
provider of adoption services not licensed by the state.
D. The State Department of Health shall promulgate rules
necessary to implement the provisions of this act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 375
E. As used in this section, “alternatives-to-abortion services”
means those services that promote childbirth instead of abortion by
providing information, counseling, and support services that assist
pregnant women or women who believe they may be pregnant to choose
childbirth and to make informed decisions regarding the choice of
adoption or parenting with respect to their children.
The information, counseling and services provided under this
program may include, but are not limited to:
1. Medical care;
2. Nutritional services;
3. Housing assistance;
4. Adoption services;
5. Educational and employment assistance, including services
that support the continuation and completion of high school;
6. Child care assistance; and
7. Parenting education and support services.
Added by Laws 2006, c. 185, § 21, eff. Nov. 1, 2006.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740.12. Alternatives-to-Abortion Services Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health to be designated the
"Alternatives-to-Abortion Services Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies deposited to the credit of the fund by
law. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health as provided in subsection A of Section 1-740.11
of this title. The fund shall not be available to any organization
or affiliate of an organization which provides or promotes abortions
or directly refers for abortion; provided, however, any nondirective
counseling relating to the pregnancy shall not disqualify an
organization from receiving these funds. 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 2006, c. 185, § 22, eff. Nov. 1, 2006. Amended by
Laws 2012, c. 304, § 485.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740.13. Consent form.
Oklahoma Statutes - Title 63. Public Health and Safety Page 376
A. A form created by the State Department of Health shall be
used by physicians to obtain the consent required prior to
performing an abortion on a minor who is not emancipated.
B. A form is not valid, and therefore consent is not
sufficient, unless:
1. A parent or legal guardian initials each page of the form,
indicating that he or she has read and understands the information
included on that page;
2. A parent or legal guardian signs the last page of the form
in front of a person who is a notary public;
3. The minor initials each list of risks and hazards listed in
subsection C of this section;
4. The minor signs a consent statement described in subsection
C of this section; and
5. The physician signs the declaration described in subsection
C of this section.
C. The form shall include, but not be limited to, the
following:
1. A description of the minor's rights, including her right to
informed consent;
2. A description of the parent or legal guardian's rights
pursuant to Oklahoma law;
3. A detailed description of the surgical and medical
procedures that are planned to be performed on the minor;
4. A detailed list of the risks and hazards related to the
surgical and medical procedures planned for the minor, including but
not limited to:
a. risks and hazards that may occur in connection with
any surgical, medical, or diagnostic procedure,
including but not limited to infection, blood clots in
veins and lungs, hemorrhage, allergic reactions, and
death,
b. risks and hazards that may occur with surgical
abortion, including but not limited to hemorrhage,
uterine perforation, sterility, injuries to the bowel
and bladder, hysterectomy as a result of complication
or injury during the procedure, and failure to remove
all products of conception that may result in an
additional procedure,
c. risks and hazards that may occur with a medical or
nonsurgical abortion, including but not limited to
hemorrhage, failure to remove all products of
conception that may result in an additional procedure,
sterility, and possible continuation of pregnancy, and
d. risks and hazards of the particular procedure planned
for the minor, including but not limited to cramping
of the uterus, pelvic pain, infection of the uterus,
Oklahoma Statutes - Title 63. Public Health and Safety Page 377
tubes, and ovaries, cervical laceration, incompetent
cervix, and emergency treatment for any of the above
named complications;
5. A description of additional information that must be
provided by the physician to the minor pursuant to the provisions of
Section 1-730 et seq. of this title;
6. A consent statement which must be signed by the minor. The
consent statement must include, but not be limited to, the following
requirements, which must each be individually initialed by the
minor:
a. that the minor understands that the doctor is going to
perform an abortion on her which will end her
pregnancy and result in the death of her unborn child,
b. that the minor is not being forced to have an abortion
and that she has the choice not to have the abortion
and may withdraw consent prior to the abortion,
c. that the minor gives permission for the procedure,
d. that the minor understands that there are risks and
hazards that could affect the minor if she has the
surgical or medical procedures planned for her,
e. that the minor has been given the opportunity to ask
questions about her condition, alternative forms of
treatment, risks of not receiving treatment, the
procedures to be used, and the risks and hazards
involved,
f. that the minor has been given information required by
Section 1-730 et seq. of this title, and
g. that the minor has sufficient information to give
informed consent;
7. A physician declaration, which must be signed by the
physician, stating that the physician or his or her assistant has
explained the procedure and the contents of this form to the minor
and her parent or legal guardian, as required, and has answered all
questions. Further, to the best of the physician's knowledge, the
patient and her parent or legal guardian have been adequately
informed and have consented to the procedure;
8. A parental consent statement stating that the signing parent
or legal guardian:
a. understands that the doctor signing the physician
declaration is going to perform an abortion on the
minor which will end her pregnancy and result in the
death of her unborn child,
b. that the parent or legal guardian had the opportunity
to read this form or have it read to him or her and
has initialed each page,
c. that the parent or legal guardian had the opportunity
to ask questions to the physician or the physician's
Oklahoma Statutes - Title 63. Public Health and Safety Page 378
assistant about the information in this form and the
surgical and medical procedures to be performed on the
minor,
d. that the parent or legal guardian believes he or she
has sufficient information to give informed consent,
and
e. that by the parent or legal guardian's signature, the
parent or legal guardian affirms that he or she is the
minor's parent or legal guardian;
9. A page for the parent or legal guardian's signature that
must be notarized by a notary public; and
10. Any additional information that must be provided pursuant
to applicable laws of this state.
Added by Laws 2013, c. 268, § 4, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 7, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740.14. Injunctions or restraining orders – Enforcement of
provisions.
If some or all of the provisions of Sections 1-740.2 and 1-740.3
of Title 63 of the Oklahoma Statutes, as amended by Sections 1 and 3
of this act, are ever temporarily or permanently restrained or
enjoined by judicial order, these sections shall be enforced as
though such restrained or enjoined provisions had not been adopted;
provided, however, that whenever such temporary or permanent
restraining order or injunction is stayed or dissolved, or otherwise
ceases to have effect, such provisions shall have full force and
effect.
Added by Laws 2013, c. 268, § 5, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 7, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-740.15. Short title - Choosing Childbirth Act.
This act shall be known and may be cited as the "Choosing
Childbirth Act".
Added by Laws 2017, c. 308, § 1, eff. Nov. 1, 2017.
§63-1-740.16. Definitions.
As used in the Choosing Childbirth Act:
1. “Abortion” means the use or prescription of any instrument,
medicine, drug or any other substance or device to intentionally:
a. kill the unborn child of a woman known to be pregnant,
or
b. terminate the pregnancy of a woman known to be
pregnant, with an intention other than:
Oklahoma Statutes - Title 63. Public Health and Safety Page 379
(1) after viability of the unborn child, to produce a
live birth and preserve the life and health of
the child born alive, or
(2) to remove a dead unborn child;
2. “Unborn child” means an individual organism of the species
Homo sapiens from fertilization until birth; and
3. “Grant-supervising entity” means a private entity which
approves all grants made under the Choosing Childbirth Act that are
not directly made to private organizations by the State Department
of Health for reimbursement of services provided under the Choosing
Childbirth Act and which:
a. is organized as a not-for-profit corporation in
Oklahoma and as a 501(c)3 entity under the federal
Internal Revenue Code, and
b. does not encourage or counsel any woman to have an
abortion not necessary to prevent her death, to
provide her such an abortion or to refer her for such
an abortion, and does not accept funds or services
knowingly from any entity which performs abortions or
receives money for abortions.
Added by Laws 2017, c. 308, § 2, eff. Nov. 1, 2017. Amended by Laws
2024, c. 371, § 1, eff. July 1, 2024.
§63-1-740.17. Department of Health grants to private organizations
for services.
A. The State Department of Health shall make grants, as
directed in subsection B of this section, from funds appropriated by
the Legislature for the Choosing Childbirth Act.
B. The purpose of the grants shall be to reimburse private
organizations in this state for the reasonable expenses of programs
providing the services listed in subsection C of this section. The
Department shall make grants both directly to the private
organizations and to one or more grant-supervising entities, who
shall reimburse the private organizations.
C. Reimbursable services provided under the Choosing Childbirth
Act shall include:
1. Providing information on, referral to and assistance in
securing the services of relevant existing programs or agencies that
assist women in this state to carry their children to term, and/or
providing services that assist women to carry their children to term
including, but not limited to, agencies and programs that will
provide:
a. medical attention for the pregnant woman for the
duration of her pregnancy including, but not limited
to, obstetric ultrasounds,
b. mental health and substance abuse services,
c. nutritional support services,
Oklahoma Statutes - Title 63. Public Health and Safety Page 380
d. housing assistance,
e. transportation assistance,
f. adoption services,
g. education and employment assistance, and
h. parenting education and support services;
2. Providing women in this state, through in-person community
outreach and telecare, information and/or services that encourage
and assist them to carry their children to term; and
3. Providing services including, but not limited to, health
care services to mothers and infants up to three (3) years
postpartum for the purpose of reducing the rates of maternal
mortality and infant mortality in this state by three percent (3%)
not later than July 1, 2026; provided, however, no funds shall be
provided to an organization that provides, or whose affiliates
provide, abortion services.
D. To be eligible for a service grant, an organization shall:
1. Be registered with the Secretary of State as a not-for-
profit corporation located in this state;
2. Have the grant amount approved by:
a. the grant-supervising entity, if the grant was
provided to the private organization by a grant-
supervising entity, or
b. the Department, if the grant was provided directly to
the private organization by the Department;
3. For services described in paragraphs 1 and 2 of subsection C
of this section, provide each pregnant woman counseled with accurate
information on the developmental characteristics of unborn children
including offering the printed information described in Section 1-
738.3 of this title;
4. Assure that the grant’s sole purposes are to assist and
encourage women to carry their children to term and to maximize
their potentials thereafter as provided in paragraphs 1 and 2 of
subsection C of this section or to reduce the rates of maternal
mortality and infant mortality in this state as provided in
paragraph 3 of subsection C of this section; and
5. Assure that none of the funds provided pursuant to the
Choosing Childbirth Act, nor any other funds or services provided by
the organization, are used to encourage or counsel a woman to have
an abortion not necessary to prevent her death, to provide her such
an abortion or to refer her for such an abortion.
Added by Laws 2017, c. 308, § 3, eff. Nov. 1, 2017. Amended by Laws
2021, c. 313, § 3, eff. July 1, 2021; Laws 2024, c. 371, § 2, eff.
July 1, 2024.
§63-1-740.18. Monitor and review of grant-supervising entities.
The State Department of Health shall annually monitor and review
any grant-supervising entity participating in the Choosing
Oklahoma Statutes - Title 63. Public Health and Safety Page 381
Childbirth Act and any private organization directly receiving a
service grant from the Department to ensure that the grant-
supervising entity or private organization carefully adheres to the
purposes and requirements of the Choosing Childbirth Act. The
Department shall cease funding a grant-supervising entity or private
organization that fails to adhere to such purposes and requirements
if the Department proves specific findings of noncompliance, subject
to judicial review.
Added by Laws 2017, c. 308, § 4, eff. Nov. 1, 2017. Amended by Laws
2024, c. 371, § 3, eff. July 1, 2024.
§63-1-740.19. Severability.
If any provision, word, phrase or clause of the Choosing
Childbirth Act or the application thereof to any person or
circumstance is held invalid, such invalidity shall make the entire
Act invalid and to this end, the provisions, works, phrases and
clauses of the Choosing Childbirth Act are declared to be
inseverable.
Added by Laws 2017, c. 308, § 5, eff. Nov. 1, 2017.
§63-1-740.20. Choosing Childbirth Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health to be designated the “Choosing
Childbirth Revolving Fund”. The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the Department from appropriations provided for
the purpose of funding services under the Choosing Childbirth Act.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department for
the purpose provided for in this section. 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 2024, c. 421, § 1, eff. July 1, 2024.
§63-1-741. Abortions - Refusal to perform or participate -
Exemptions.
A. No private hospital, hospital director or governing board of
a private hospital in Oklahoma, is required to permit abortions to
be performed or induced in such hospital. Refusal to permit an
abortion, in accordance with a standard policy, is not grounds for
civil liability nor a basis for disciplinary or other recriminatory
action.
B. No person may be required to perform, induce or participate
in medical procedures which result in an abortion which are in
preparation for an abortion or which involve aftercare of an
Oklahoma Statutes - Title 63. Public Health and Safety Page 382
abortion patient, except when the aftercare involves emergency
medical procedures which are necessary to protect the life of the
patient, and refusal to perform or participate in such medical
procedures is not grounds for civil liability nor a basis for
disciplinary or other recriminatory action.
C. The rights and immunities granted by this section shall not
include medical procedures in which a woman is in the process of the
spontaneous, inevitable abortion of an unborn child, the death of
the child is imminent, and the procedures are necessary to prevent
the death of the mother.
Laws 1978, c. 158, § 1.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-741.1. Performance or assisting performance of abortion by
state employee or agency prohibited - Exceptions - Use of public
funds to encourage abortions prohibited.
A. It shall be unlawful for any person employed by this state
or any agency or political subdivision thereof, within the scope of
the person’s employment, to perform or assist an abortion not
necessary to save the life of the mother except when the pregnancy
resulted from an act of forcible rape which was reported to the
proper law enforcement authorities or when the pregnancy resulted
from an act of incest committed against a minor and the perpetrator
has been reported to the proper law enforcement authorities. It
shall be unlawful for any public institution, public facility,
public equipment, or other physical asset owned, leased or
controlled by this state or any agency or political subdivisions
thereof to be used for the purpose of performing or assisting an
abortion not necessary to save the life of the mother except when
the pregnancy resulted from an act of forcible rape which was
reported to the proper law enforcement authorities or when the
pregnancy resulted from an act of incest committed against a minor
and the perpetrator has been reported to the proper law enforcement
authorities. This subsection shall not be construed to prohibit use
by private entities of public utilities or the services of
firefighters or police.
B. It shall be unlawful for any funds received or controlled by
this state or any agency or political subdivision thereof,
including, but not limited to, funds derived from federal, state or
local taxes, gifts or grants, federal grants or payments, or
intergovernmental transfers, to be used to encourage a woman to have
an abortion not necessary to save her life, except to the extent
required for continued participation in a federal program. Nothing
in this subsection shall be construed to prohibit a physician from
discussing options with a patient through nondirective counseling.
Oklahoma Statutes - Title 63. Public Health and Safety Page 383
Added by Laws 2007, c. 161, § 11, eff. Nov. 1, 2007.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-741.2. Repealed by Laws 2011, c. 92, § 2, eff. Nov. 1, 2011.
§63-1-741.3. Patient Protection and Affordable Care Act - Qualified
insurance plans - Elective abortion prohibited.
A. Pursuant to the Patient Protection and Affordable Care Act,
P.L. 111-148, all qualified health plans offered through an Exchange
established in the state are prohibited from including elective
abortion coverage. Nothing in this section shall be construed as
preventing anyone from purchasing optional supplemental coverage for
elective abortions for which there must be paid a separate premium
in accordance with subsection D of this section in the health
insurance market outside of the Exchange.
B. No health plan, including health insurance contracts, plans
or policies, offered outside of an Exchange, but within the state,
shall provide coverage for elective abortions except by optional
separate supplemental coverage for abortion for which there must be
paid a separate premium in accordance with subsection D of this
section.
C. For purposes of this section, “elective abortion” means an
abortion for any reason other than to prevent the death of the
mother upon whom the abortion is performed; provided, however, that
an abortion may not be deemed one to prevent the death of the mother
based on a claim or diagnosis that she will engage in conduct which
will result in her death.
D. The issuer of any health plan providing elective abortion
coverage shall:
1. Calculate the premium for such coverage so that it fully
covers the estimated cost of covering elective abortions per
enrollee as determined on an average actuarial basis. In
calculating such premium, the issuer of the plan shall not take into
account any cost reduction in any health plan covering an enrollee
estimated to result from the provision of abortion coverage,
including prenatal care, delivery or postnatal care;
2. If the enrollee is enrolling in a health plan providing any
other coverage at the same time as the enrollee is enrolling in a
plan providing elective abortion coverage, require a separate
signature, distinct from that to enroll in the health plan providing
other coverage, in order to enroll in the separate supplemental plan
providing elective abortion coverage; and
3. Provide a notice to enrollees at the time of enrollment
that:
Oklahoma Statutes - Title 63. Public Health and Safety Page 384
a. specifically states the cost of the separate premium
for coverage of elective abortions distinct and apart
from the cost of the premium for any health plan
providing any other coverage in any health plan
covering an enrollee,
b. states that enrollment in elective abortion coverage
is optional, and
c. if the enrollee is enrolling in a health plan
providing any other coverage at the same time as the
enrollee is enrolling in a plan providing elective
abortion coverage, states that the enrollee may choose
to enroll in the plan providing other coverage without
enrolling in the plan providing elective abortion
coverage.
E. The issuer of any health plan providing any coverage other
than elective abortion shall not discount or reduce the premium for
such coverage on the basis that an enrollee has elective abortion
coverage.
F. Any employer who offers employees a health plan providing
elective abortion coverage shall, at the time of beginning
employment and at least once in each calendar year thereafter,
provide each employee the option to choose or reject the separate
supplemental elective abortion coverage.
G. Any entity offering a group health plan providing separate
supplemental elective abortion coverage, other than employers
offering such a plan to their employees, shall, at the time each
group member begins coverage and at least once in each calendar year
thereafter, provide each group member the option to choose or reject
the separate supplemental elective abortion coverage.
H. Nothing in this section shall be construed to apply in
circumstances in which federal law preempts state health insurance
regulation.
Added by Laws 2011, c. 92, § 1, eff. Nov. 1, 2011.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-741.11. Repealed by Laws 2010, c. 171, § 2, emerg. eff. April
27, 2010.
§63-1-741.12. Wrongful life or wrongful birth action - Damages.
A. It is the intent of the Legislature that the birth of a
child does not constitute a legally recognizable injury and that it
is contrary to public policy to award damages because of the birth
of a child or for the rearing of that child.
B. For the purposes of this section:
Oklahoma Statutes - Title 63. Public Health and Safety Page 385
1. "Abortion" means the term as is defined in Section 1-730 of
Title 63 of the Oklahoma Statutes;
2. "Wrongful life action" means a cause of action that is
brought by or on behalf of a child, which seeks economic or
noneconomic damages for the child because of a condition of the
child that existed at the time of the child's birth, and which is
based on a claim that a person's act or omission contributed to the
mother's not having obtained an abortion; and
3. "Wrongful birth action" means a cause of action that is
brought by a parent or other person who is legally required to
provide for the support of a child, which seeks economic or
noneconomic damages because of a condition of the child that existed
at the time of the child's birth, and which is based on a claim that
a person's act or omission contributed to the mother's not having
obtained an abortion.
C. In a wrongful life action or a wrongful birth action, no
damages may be recovered for any condition that existed at the time
of a child's birth if the claim is that the defendant's act or
omission contributed to the mother's not having obtained an
abortion.
D. This section shall not preclude causes of action based on
claims that, but for a wrongful act or omission, maternal death or
injury would not have occurred, or handicap, disease, or disability
of an individual prior to birth would have been prevented, cured, or
ameliorated in a manner that preserved the health and life of the
affected individual.
Added by Laws 2010, c. 171, § 1, emerg. eff. April 27, 2010.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-742. Payment for securing or soliciting patients for hospital
or other entity - Penalties - Construction of act - Exceptions.
A. 1. Any person who intentionally or knowingly pays to or
accepts anything of value from any person, firm, association of
persons, partnership or corporation for securing or soliciting
patients for any health care professional, health care provider, or
other entity providing health care services in this state, upon
conviction, shall be guilty of a misdemeanor and shall be punished
by a fine of not less than Five Hundred Dollars ($500.00) and not
more than Two Thousand Dollars ($2,000.00).
2. In addition to any other penalties or remedies provided by
law:
a. a violation of this section by a health care
professional or health care provider shall be grounds
for disciplinary action by the state agency licensing,
Oklahoma Statutes - Title 63. Public Health and Safety Page 386
certifying or registering such professional or
provider, and
b. the state agency licensing, certifying, or registering
such professional or provider may institute an action
to enjoin violation or potential violation of this
section.
B. This section shall not be construed to prohibit:
1. Advertising, except that advertising which:
a. is false, misleading or deceptive,
b. advertises professional superiority or the performance
of a professional service in a superior manner, and
c. is not readily subject to verification;
2. Remuneration for advertising, marketing, or other services
that are provided for the purpose of securing or soliciting
patients, provided the remuneration is:
a. set in advance,
b. consistent with the fair market value of the services,
and
c. not based on the volume or value of any patient
referrals or business otherwise generated between the
parties; and
3. Any payment, business arrangements, or payments practice not
prohibited by 42 U.S.C., Section 1320a-7b(b), or any regulations
promulgated pursuant thereto.
C. This section shall not apply to licensed insurers, including
but not limited to, group hospital service corporations or health
maintenance organizations which reimburse, provide, offer to
provide, or administer hospital, medical, dental, or other health-
related benefits under a health benefits plan for which it is the
payor when it is providing those services under a health benefits
plan, or referral agency as defined in paragraph 4 of Section 1 of
this act.
D. For purposes of this section:
1. "Health care professional" means any person who offers or
provides counseling or health or mental health care under a license,
certification or registration issued pursuant to Title 59 of the
Oklahoma Statutes; and
2. "Health care provider" means any hospital or related
institution offering or providing health care services licensed
pursuant to Section 1-702 of this title.
Added by Laws 1993, c. 165, § 3, eff. Sept. 1, 1993. Amended by
Laws 1998, c. 344, § 2, eff. Nov. 1, 1998; Laws 2024, c. 58, § 7,
eff. Nov. 1, 2024.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 387
§63-1-743. Advertisement of mammography services - Disclosure of
cost - Penalty.
Any entity advertising mammography services must include in its
advertising the total cost of the procedure. Any entity who has
been determined to be in violation of this section by the State
Board of Health, after notice and hearing by the Board, shall be
subject to a fine of not less than One Hundred Dollars ($100.00) or
more than One Thousand Dollars ($1,000.00) for each violation.
Added by Laws 1993, c. 165, § 4, eff. Sept. 1, 1993.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-744. Short title - Parental Notification for Abortion Act.
This act shall be known and may be cited as the "Parental
Notification for Abortion Act".
Added by Laws 2013, c. 320, § 1, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 8, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-744.1. Definitions.
As used in the Parental Notification for Abortion Act:
1. "Parent" means one parent of the pregnant minor, or the
guardian or conservator if the pregnant female has one;
2. "Abortion" means the use of any means intentionally to
terminate the pregnancy of a female known to be pregnant with
knowledge that the termination with those means will, with
reasonable likelihood, cause the death of the fetus;
3. "Fetus" means any individual human organism from
fertilization to birth;
4. "Medical emergency" means the existence of any physical
condition, not including any emotional, psychological, or mental
condition, which a reasonably prudent physician would determine
necessitates the immediate abortion of the female's pregnancy to
avert her death or to avert substantial and irreversible impairment
of a major bodily function arising from continued pregnancy;
5. "Reasonable medical judgment" means a medical judgment that
would be made by a reasonably prudent physician, knowledgeable about
the case and the treatment possibilities with respect to the medical
conditions involved; and
6. "Physician" means any person licensed to practice medicine
and surgery or osteopathic medicine and surgery in this state.
Added by Laws 2013, c. 320, § 5, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 8, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 388
§63-1-744.2. Notice – Waiting period.
No abortion shall be performed or induced upon an unemancipated
minor or upon a female for whom a guardian or conservator has been
appointed pursuant to the Oklahoma Guardianship and Conservatorship
Act because of a finding of incompetency, until at least forty-eight
(48) hours after written notice of the pending abortion has been
delivered in the manner specified in Sections 7 through 9 of this
act to one of the parents of the minor upon whom the abortion is
contemplated or to the guardian or conservator of the female upon
whom the abortion is contemplated.
1. The notice shall be addressed to the parent at the usual
place of abode of the parent and delivered personally to the parent
by the physician or an agent.
2. In lieu of the delivery required by paragraph 1 of this
section, notice shall be made by certified mail addressed to the
parent at the usual place of abode of the parent with return receipt
requested and restricted delivery to the addressee, which means a
postal employee can deliver the mail only to the authorized
addressee. Time of delivery shall be deemed to occur at noon on the
third day on which regular mail delivery takes place, subsequent to
mailing. The information concerning the address of the parent shall
be that which a reasonable and prudent person, under similar
circumstances, would have relied upon as sufficient evidence that
the parent resides at that address.
Added by Laws 2013, c. 320, § 6, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 8, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-744.3. Medical emergency – Notice requirement.
Immediate notice shall not be required if the attending
physician certifies in the pregnant female's record that, in
reasonable medical judgment, a medical emergency exists and there is
insufficient time to provide the prior notification required by
Section 6 of this act. The attending physician or the physician's
agent shall verbally inform the parent within twenty-four (24) hours
after the performance of a medical emergency abortion, that a
medical emergency abortion was performed on the unemancipated minor
or on the female for whom a guardian or conservator has been
appointed and shall also send a written notice within twenty-four
(24) hours after the performance of a medical emergency abortion to
the last-known address of the parent, of the performed medical
emergency abortion. The written notice shall follow the
requirements in paragraph 2 of Section 6 of this act.
Added by Laws 2013, c. 320, § 7, eff. Nov. 1, 2013.
Oklahoma Statutes - Title 63. Public Health and Safety Page 389
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 8, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-744.4. Exceptions to notice requirement.
No notice shall be required under this act if:
1. The person who is entitled to notice states in notarized
writing that he or she has been notified and the statement is placed
in the female's medical record; or
2. The pregnant female declares that she is a victim of sexual
or physical abuse by her parent as defined in Section 1111 et seq.
of Title 21 of the Oklahoma Statutes and the attending physician has
notified child abuse authorities about the alleged parental sexual
or physical abuse. In such circumstances, the physician shall
notify child abuse authorities of the name and address of the
abusing parent so that they can investigate. The child abuse
authorities shall maintain the confidentiality of the fact that the
minor has sought or obtained an abortion and shall take all
necessary steps to ensure that this information is not revealed to
the female's parents or guardians.
Added by Laws 2013, c. 320, § 8, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 8, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-744.5. Criminal and civil liability.
Performance of an abortion in knowing or reckless violation of
this act shall be a misdemeanor. Performance of an abortion in
violation of this act shall be grounds for a civil action pursuant
to Sections 1-738.3f through 1-738.3k of Title 63 of the Oklahoma
Statutes.
Added by Laws 2013, c. 320, § 9, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 8, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-744.6. Injunction or restraining orders – Enforcement of
provisions.
If some or all of the provisions of Sections 1-740.2, 1-740.3
and 1-740.4 of Title 63 of the Oklahoma Statutes, as amended by
Sections 2, 3 and 4 of this act, are ever temporarily or permanently
restrained or enjoined by judicial order, these sections shall be
enforced as though such restrained or enjoined provisions had not
been adopted; provided, however, that whenever such temporary or
permanent restraining order or injunction is stayed or dissolved, or
otherwise ceases to have effect, such provisions shall have full
force and effect.
Oklahoma Statutes - Title 63. Public Health and Safety Page 390
Added by Laws 2013, c. 320, § 10, eff. Nov. 1, 2013.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 8, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.1. Pain-Capable Unborn Child Protection Act.
This act shall be known and may be cited as the "Pain-Capable
Unborn Child Protection Act".
Added by Laws 2011, c. 89, § 1, eff. Nov. 1, 2011.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.2. Definitions.
As used in the Pain-Capable Unborn Child Protection Act only:
1. "Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device to terminate the
pregnancy of a woman known to be pregnant with an intention other
than to increase the probability of a live birth, to preserve the
life or health of the child after live birth, or to remove a dead
unborn child who died as the result of natural causes in utero,
accidental trauma, or a criminal assault on the pregnant woman or
her unborn child, and which causes the premature termination of the
pregnancy;
2. "Attempt to perform or induce an abortion" means an act, or
an omission of a statutorily required act, that, under the
circumstances as the actor believes them to be, constitutes a
substantial step in a course of conduct planned to culminate in the
performance or induction of an abortion in this state in violation
of the Pain-Capable Unborn Child Protection Act;
3. "Postfertilization age" means the age of the unborn child as
calculated from the fertilization of the human ovum;
4. "Fertilization" means the fusion of a human spermatozoon
with a human ovum;
5. "Medical emergency" means a condition that, in reasonable
medical judgment, so complicates the medical condition of the
pregnant woman that it necessitates the immediate abortion of her
pregnancy without first determining postfertilization age to avert
her death or for which the delay necessary to determine
postfertilization age will create serious risk of substantial and
irreversible physical impairment of a major bodily function, not
including psychological or emotional conditions. No condition shall
be deemed a medical emergency if based on a claim or diagnosis that
the woman will engage in conduct which she intends to result in her
death or in substantial and irreversible physical impairment of a
major bodily function;
Oklahoma Statutes - Title 63. Public Health and Safety Page 391
6. "Reasonable medical judgment" means a medical judgment that
would be made by a reasonably prudent physician, knowledgeable about
the case and the treatment possibilities with respect to the medical
conditions involved;
7. "Physician" means any person licensed to practice medicine
and surgery or osteopathic medicine and surgery in this state;
8. "Probable postfertilization age of the unborn child" means
what, in reasonable medical judgment, will with reasonable
probability be the postfertilization age of the unborn child at the
time the abortion is planned to be performed or induced;
9. "Unborn child" or "fetus" each means an individual organism
of the species homo sapiens from fertilization until live birth; and
10. "Woman" means a female human being whether or not she has
reached the age of majority.
Added by Laws 2011, c. 89, § 2, eff. Nov. 1, 2011.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.3. Legislative findings.
The Legislature of the State of Oklahoma finds that:
1. Pain receptors (nociceptors) are present throughout the
unborn child's entire body by no later than sixteen (16) weeks after
fertilization and nerves link these receptors to the brain's
thalamus and subcortical plate by no later than twenty (20) weeks;
2. By eight (8) weeks after fertilization, the unborn child
reacts to touch. After twenty (20) weeks, the unborn child reacts
to stimuli that would be recognized as painful if applied to an
adult human, for example by recoiling;
3. In the unborn child, application of such painful stimuli is
associated with significant increases in stress hormones known as
the stress response;
4. Subjection to such painful stimuli is associated with long-
term harmful neurodevelopmental effects, such as altered pain
sensitivity and, possibly, emotional, behavioral, and learning
disabilities later in life;
5. For the purposes of surgery on unborn children, fetal
anesthesia is routinely administered and is associated with a
decrease in stress hormones compared to their level when painful
stimuli are applied without such anesthesia;
6. The position, asserted by some medical experts, that the
unborn child is incapable of experiencing pain until a point later
in pregnancy than twenty (20) weeks after fertilization
predominately rests on the assumption that the ability to experience
pain depends on the cerebral cortex and requires nerve connections
between the thalamus and the cortex. However, recent medical
research and analysis, especially since 2007, provides strong
Oklahoma Statutes - Title 63. Public Health and Safety Page 392
evidence for the conclusion that a functioning cortex is not
necessary to experience pain;
7. Substantial evidence indicates that children born missing
the bulk of the cerebral cortex, those with hydranencephaly,
nevertheless experience pain;
8. In adults, stimulation or ablation of the cerebral cortex
does not alter pain perception, while stimulation or ablation of the
thalamus does;
9. Substantial evidence indicates that structures used for pain
processing in early development differ from those of adults, using
different neural elements available at specific times during
development, such as the subcortical plate, to fulfill the role of
pain processing;
10. The position, asserted by some, that the unborn child
remains in a coma-like sleep state that precludes the unborn child
from experiencing pain is inconsistent with the documented reaction
of unborn children to painful stimuli and with the experience of
fetal surgeons who have found it necessary to sedate the unborn
child with anesthesia to prevent the unborn child from thrashing
about in reaction to invasive surgery;
11. Consequently, there is substantial medical evidence that an
unborn child is capable of experiencing pain by twenty (20) weeks
after fertilization;
12. It is the purpose of the State of Oklahoma to assert a
compelling state interest in protecting the lives of unborn children
from the stage at which substantial medical evidence indicates that
they are capable of feeling pain; and
13. Oklahoma's compelling state interest in protecting the
lives of unborn children from the stage at which substantial medical
evidence indicates that they are capable of feeling pain is intended
to be separate from and independent of Oklahoma's compelling state
interest in protecting the lives of unborn children from the stage
of viability, and neither state interest is intended to replace the
other.
Added by Laws 2011, c. 89, § 3, eff. Nov. 1, 2011.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.4. Abortion requirements – Determination of probable
postfertilization age of unborn child.
A. Except in the case of a medical emergency, no abortion shall
be performed or induced or be attempted to be performed or induced
unless the physician performing or inducing it has first made a
determination of the probable postfertilization age of the unborn
child or relied upon such a determination made by another physician.
In making such a determination, the physician shall make such
Oklahoma Statutes - Title 63. Public Health and Safety Page 393
inquiries of the woman and perform or cause to be performed such
medical examinations and tests as a reasonably prudent physician,
knowledgeable about the case and the medical conditions involved,
would consider necessary to perform in making an accurate diagnosis
with respect to postfertilization age.
B. Knowing or reckless failure by any physician to conform to
any requirement of this section constitutes "unprofessional
conduct".
Added by Laws 2011, c. 89, § 4, eff. Nov. 1, 2011.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.5. Abortions prohibited when probable postfertilization
age of unborn child is 20 or more weeks – Exceptions – Procedure for
abortion.
A. No person shall perform or induce or attempt to perform or
induce an abortion upon a woman when it has been determined, by the
physician performing or inducing or attempting to perform or induce
the abortion or by another physician upon whose determination that
physician relies, that the probable postfertilization age of the
woman's unborn child is twenty (20) or more weeks, unless, in
reasonable medical judgment, she has a condition which so
complicates her medical condition as to necessitate the abortion of
her pregnancy to avert her death or to avert serious risk of
substantial and irreversible physical impairment of a major bodily
function, not including psychological or emotional conditions. No
such condition shall be deemed to exist if it is based on a claim or
diagnosis that the woman will engage in conduct which she intends to
result in her death or in substantial and irreversible physical
impairment of a major bodily function.
B. When an abortion upon a woman whose unborn child has been
determined to have a probable postfertilization age of twenty (20)
or more weeks is not prohibited by this section, the physician shall
terminate the pregnancy in the manner which, in reasonable medical
judgment, provides the best opportunity for the unborn child to
survive, unless, in reasonable medical judgment, termination of the
pregnancy in that manner would pose a greater risk either of the
death of the pregnant woman or of the substantial and irreversible
physical impairment of a major bodily function, not including
psychological or emotional conditions, of the woman than would other
available methods. No such greater risk shall be deemed to exist if
it is based on a claim or diagnosis that the woman will engage in
conduct which she intends to result in her death or in substantial
and irreversible physical impairment of a major bodily function.
Added by Laws 2011, c. 89, § 5, eff. Nov. 1, 2011.
Oklahoma Statutes - Title 63. Public Health and Safety Page 394
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.6. Abortion – Report to State Department of Health –
Public statistical report – Late fee.
A. Any physician who performs or induces or attempts to perform
or induce an abortion shall report to the State Department of
Health, on a schedule and in accordance with forms and rules and
regulations adopted and promulgated by the State Board of Health
that include:
1. If a determination of probable postfertilization age was
made, the probable postfertilization age determined and the method
and basis of the determination;
2. If a determination of probable postfertilization age was not
made, the basis of the determination that a medical emergency
existed;
3. If the probable postfertilization age was determined to be
twenty (20) or more weeks, the basis of the determination that the
pregnant woman had a condition which so complicated her medical
condition as to necessitate the abortion of her pregnancy to avert
her death or to avert serious risk of substantial and irreversible
physical impairment of a major bodily function, not including
psychological or emotional conditions; and
4. The method used for the abortion and, in the case of an
abortion performed when the probable postfertilization age was
determined to be twenty (20) or more weeks:
a. whether the method used was one that, in reasonable
medical judgment, provided the best opportunity for
the unborn child to survive, or
b. if such a method was not used, the basis of the
determination that termination of the pregnancy in
that manner would pose a greater risk either of the
death of the pregnant woman or of the substantial and
irreversible physical impairment of a major bodily
function, not including psychological or emotional
conditions, of the woman than would other available
methods.
B. By June 30 of each year, the State Department of Health
shall issue a public report providing statistics for the previous
calendar year compiled from all of the reports covering that year
submitted in accordance with this section for each of the items
listed in subsection A of this section. Each such report shall also
provide the statistics for all previous calendar years during which
this section was in effect, adjusted to reflect any additional
information from late or corrected reports. The State Department of
Health shall take care to ensure that none of the information
Oklahoma Statutes - Title 63. Public Health and Safety Page 395
included in the public reports could reasonably lead to the
identification of any pregnant woman upon whom an abortion was
performed or attempted.
C. Any physician who fails to submit a report by the end of
thirty (30) days following the due date shall be subject to a late
fee of Five Hundred Dollars ($500.00) for each additional thirty-day
period or portion of a thirty-day period the report is overdue. Any
physician required to report in accordance with this act who has not
submitted a report, or has submitted only an incomplete report, more
than one (1) year following the due date, may, in an action brought
by the State Department of Health or by the State Board of Medical
Licensure and Supervision, be directed by a court of competent
jurisdiction to submit a complete report within a period stated by
court order or be subject to civil contempt. Knowing or reckless
failure by any physician to conform to any requirement of this
section, other than late filing of a report, constitutes
"unprofessional conduct" pursuant to Section 509 of Title 59 of the
Oklahoma Statutes. Knowing or reckless failure by any physician to
submit a complete report in accordance with a court order
constitutes "unprofessional conduct" pursuant to Section 509 of
Title 59 of the Oklahoma Statutes. Knowing or reckless
falsification of any report required under this section is a
misdemeanor.
D. By February 1, 2012, the State Board of Health shall adopt
and promulgate rules and regulations to assist in compliance with
this section. Subsection A of this section shall take effect so as
to require reports regarding all abortions performed or induced on
and after the first day of the first calendar month following the
effective date of such rules.
Added by Laws 2011, c. 89, § 6, eff. Nov. 1, 2011.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.7. Violations of act.
Any person who knowingly or recklessly performs or induces or
attempts to perform or induce an abortion in violation of the Pain-
Capable Unborn Child Protection Act shall be guilty of a Class D2
felony offense. No penalty may be assessed against the woman upon
whom the abortion is performed or induced or attempted to be
performed or induced.
Added by Laws 2011, c. 89, § 7, eff. Nov. 1, 2011. Amended by Laws
2025, c. 486, § 605, eff. Jan. 1, 2026.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 396
§63-1-745.8. Suits upon violation of act – Injunctive relief –
Attorney fees.
A. Any woman upon whom an abortion has been performed in
violation of the Pain-Capable Unborn Child Protection Act, or the
father of the unborn child who was the subject of such an abortion,
may maintain an action against the person who performed or induced
the abortion in knowing or reckless violation of the Pain-Capable
Unborn Child Protection Act for actual and punitive damages. Any
woman upon whom an abortion has been attempted in violation of the
Pain-Capable Unborn Child Protection Act may maintain an action
against the person who attempted to perform or induce the abortion
in knowing or reckless violation of the Pain-Capable Unborn Child
Protection Act for actual and punitive damages.
B. A cause of action for injunctive relief against any person
who has knowingly or recklessly violated the Pain-Capable Unborn
Child Protection Act may be maintained by the woman upon whom an
abortion was performed or induced or attempted to be performed or
induced in violation of the Pain-Capable Unborn Child Protection
Act; by any person who is the spouse, parent, sibling or guardian
of, or a current or former licensed health care provider of, the
woman upon whom an abortion has been performed or induced or
attempted to be performed or induced in violation of the Pain-
Capable Unborn Child Protection Act; by a district attorney with
appropriate jurisdiction; or by the Attorney General. The
injunction shall prevent the abortion provider from performing or
inducing or attempting to perform or induce further abortions in
violation of the Pain-Capable Unborn Child Protection Act in the
State of Oklahoma.
C. If judgment is rendered in favor of the plaintiff in an
action described in this section, the court shall also render
judgment for a reasonable attorney fee in favor of the plaintiff
against the defendant.
D. If judgment is rendered in favor of the defendant and the
court finds that the plaintiff's suit was frivolous and brought in
bad faith, the court shall also render judgment for a reasonable
attorney fee in favor of the defendant against the plaintiff.
E. No damages or attorney fee may be assessed against the woman
upon whom an abortion was performed or attempted to be performed
except in accordance with subsection D of this section.
Added by Laws 2011, c. 89, § 8, eff. Nov. 1, 2011.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.9. Public disclosure of woman's identity whom an abortion
was performed on.
Oklahoma Statutes - Title 63. Public Health and Safety Page 397
In every civil or criminal proceeding or action brought under
the Pain-Capable Unborn Child Protection Act, the court shall rule
whether the anonymity of any woman upon whom an abortion has been
performed or induced or attempted to be performed or induced shall
be preserved from public disclosure if she does not give her consent
to such disclosure. The court, upon motion or sua sponte, shall
make such a ruling and, upon determining that her anonymity should
be preserved, shall issue orders to the parties, witnesses, and
counsel and shall direct the sealing of the record and exclusion of
individuals from courtrooms or hearing rooms to the extent necessary
to safeguard her identity from public disclosure. Each such order
shall be accompanied by specific written findings explaining why the
anonymity of the woman should be preserved from public disclosure,
why the order is essential to that end, how the order is narrowly
tailored to serve that interest, and why no reasonable less
restrictive alternative exists. In the absence of written consent
of the woman upon whom an abortion has been performed or induced or
attempted to be performed or induced, anyone, other than a public
official, who brings an action under subsections A or B of Section 8
of this act shall do so under a pseudonym. This section may not be
construed to conceal the identity of the plaintiff or of witnesses
from the defendant or from attorneys for the defendant.
Added by Laws 2011, c. 89, § 9, eff. Nov. 1, 2011.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.10. Severability.
A. If any one or more provisions, sections, subsections,
sentences, clauses, phrases or words of the Pain-Capable Unborn
Child Protection Act or the application thereof to any person or
circumstance is found to be unconstitutional, the same is hereby
declared to be severable and the balance of the Pain-Capable Unborn
Child Protection Act shall remain effective notwithstanding such
unconstitutionality. The Legislature hereby declares that it would
have passed the Pain-Capable Unborn Child Protection Act, and each
provision, section, subsection, sentence, clause, phrase, or word
thereof, irrespective of the fact that any one or more provisions,
sections, subsections, sentences, clauses, phrases, or words of the
Pain-Capable Unborn Child Protection Act, or the application of the
Pain-Capable Unborn Child Protection Act, would be declared
unconstitutional.
B. The Pain-Capable Unborn Child Protection Act shall not be
construed to repeal, by implication or otherwise, Section 1-732 of
Title 63 of the Oklahoma Statutes, or any otherwise applicable
provision of Oklahoma's laws regulating or restricting abortion. An
abortion that complies with this act but violates the provisions of
Oklahoma Statutes - Title 63. Public Health and Safety Page 398
Section 1-732 of Title 63 of the Oklahoma Statutes, or any otherwise
applicable provision of Oklahoma's laws shall be deemed unlawful as
provided in such provision. An abortion that complies with the
provisions of Section 1-732 of Title 63 of the Oklahoma Statutes, or
any otherwise applicable provision of Oklahoma's laws regulating or
restricting abortion but violates this act shall be deemed unlawful
as provided in this act.
Added by Laws 2011, c. 89, § 10, eff. Nov. 1, 2011.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.11. Construction of act.
Nothing in the Pain-Capable Unborn Child Protection Act shall be
construed as creating or recognizing a right to abortion.
Added by Laws 2011, c. 89, § 11, eff. Nov. 1, 2011.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.12. Heartbeat Informed Consent Act.
This act shall be known and may be cited as the "Heartbeat
Informed Consent Act".
Added by Laws 2012, c. 159, § 1, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 4, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.13. Definitions.
As used in the Heartbeat Informed Consent Act:
1. "Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device to cause the
premature termination of the pregnancy of a woman known to be
pregnant with an intention other than to increase the probability of
a live birth, to preserve the life or health of the child after live
birth, or to remove a dead unborn child who died as the result of
natural causes in utero, accidental trauma, or a criminal assault on
the pregnant woman or her unborn child;
2. "Abortion provider" means any person legally qualified to
perform an abortion under state law;
3. "Embryonic or fetal heartbeat" means embryonic or fetal
cardiac activity or the steady and repetitive rhythmic contraction
of the embryonic or fetal heart;
4. "Medical emergency" means a condition that, in reasonable
medical judgment, so complicates the medical condition of the
pregnant woman that it necessitates the immediate abortion of her
pregnancy to avert her death or for which the delay will create
Oklahoma Statutes - Title 63. Public Health and Safety Page 399
serious risk of substantial and irreversible physical impairment of
a major bodily function, not including psychological or emotional
conditions. No condition shall be deemed a medical emergency if
based on a claim or diagnosis that the woman will engage in conduct
which she intends to result in her death or in substantial and
irreversible physical impairment of a major bodily function;
5. "Reasonable medical judgment" means a medical judgment that
would be made by a reasonably prudent physician;
6. "Unborn child" means a member of the species Homo sapiens
from fertilization until live birth; and
7. "Woman" means a female human being, whether or not she has
reached the age of majority.
Added by Laws 2012, c. 159, § 3, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 4, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.14. Making heartbeat audible before abortion.
A. Any abortion provider who knowingly performs or induces any
abortion shall comply with the requirements of the Heartbeat
Informed Consent Act.
B. Prior to a woman giving informed consent to having any part
of an abortion performed or induced, if the pregnancy is at least
eight (8) weeks after fertilization, the abortion provider who is to
perform or induce the abortion or an agent of the abortion provider
shall tell the woman that it may be possible to make the embryonic
or fetal heartbeat of the unborn child audible for the pregnant
woman to hear and ask the woman if she would like to hear the
heartbeat. If the woman would like to hear the heartbeat, the
abortion provider shall, using a Doppler fetal heart rate monitor,
make the embryonic or fetal heartbeat of the unborn child audible
for the pregnant woman to hear. An abortion provider or an agent of
the abortion provider shall not be in violation of the requirements
of this subsection if:
1. The provider or agent has attempted, consistent with
standard medical practice, to make the embryonic or fetal heartbeat
of the unborn child audible for the pregnant woman to hear using a
Doppler fetal heart rate monitor;
2. That attempt does not result in the heartbeat being made
audible; and
3. The provider has offered to attempt to make the heartbeat
audible at a subsequent date.
C. Nothing in this section shall be construed to prevent the
pregnant woman from not listening to the sounds detected by the
Doppler fetal heart rate monitor pursuant to the requirements of
subsection B of this section.
Added by Laws 2012, c. 159, § 4, eff. Nov. 1, 2012.
Oklahoma Statutes - Title 63. Public Health and Safety Page 400
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 4, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.15. Application of act.
A. The provisions of Section 4 of this act shall not apply to
an abortion provider in the case that the abortion is necessary to
avert the mother's death or in the case of a medical emergency.
B. Upon a determination by an abortion provider under
subsection A of this section that an abortion is necessary to avert
the death of the mother or that there is a medical emergency, such
provider shall certify the specific medical conditions that support
such determination and include such certification in the medical
file of the pregnant woman.
C. An abortion provider who knowingly or recklessly falsifies a
certification made pursuant to subsection B of this section shall be
deemed to have knowingly or recklessly failed to comply with this
act for purposes of Section 6 of this act.
Added by Laws 2012, c. 159, § 5, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 4, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.16. Violations of act - Penalties - Civil actions.
A. Any person who intentionally or recklessly performs or
induces an abortion in violation of the Heartbeat Informed Consent
Act shall be guilty of a misdemeanor. No penalty shall be assessed
against the woman upon whom the abortion is performed or induced or
attempted to be performed or induced.
B. Any woman upon whom an abortion has been performed or
induced in violation of this act, or the father of the unborn child
who was the subject of such an abortion, may maintain an action
against the person who performed or induced the abortion in
intentional or reckless violation of this act for actual and
punitive damages. Any woman upon whom an abortion has been
attempted in violation of this act may maintain an action against
the person who attempted to perform or induce the abortion in an
intentional or reckless violation of this act for actual and
punitive damages.
C. A cause of action for injunctive relief against any person
who has intentionally or recklessly violated this act may be
maintained by the woman upon whom an abortion was performed or
induced in violation of this act; by any person who is the spouse,
parent, sibling, or guardian of, or a current or former licensed
health care provider of, the woman upon whom an abortion has been
performed or induced in violation of this act; by a district
attorney with appropriate jurisdiction; or by the Attorney General.
Oklahoma Statutes - Title 63. Public Health and Safety Page 401
The injunction shall prevent the abortion provider from performing
or inducing further abortions in violation of this act in the state.
D. If judgment is rendered in favor of the plaintiff in an
action described in this section, the court shall also render
judgment for a reasonable attorney fee in favor of the plaintiff
against the defendant.
E. If judgment is rendered in favor of the defendant and the
court finds that the plaintiff's suit was frivolous and brought in
bad faith, the court shall also render judgment for a reasonable
attorney fee in favor of the defendant against the plaintiff.
F. No damages or attorney fee may be assessed against the woman
upon whom an abortion was performed or attempted to be performed or
induced except in accordance with subsection E of this section.
Added by Laws 2012, c. 159, § 6, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 4, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.17. Public disclosure of identity.
In every civil or criminal proceeding or action brought under
the Heartbeat Informed Consent Act, the court shall rule whether the
identity of any woman upon whom an abortion has been performed or
induced or attempted to be performed or induced shall be preserved
from public disclosure if she does not give her consent to such
disclosure. The court, upon motion or sua sponte, shall make such a
ruling and, upon determining that her identity should be preserved
from public disclosure, shall issue orders to the parties,
witnesses, and counsel and shall direct the sealing of the record
and exclusion of individuals from courtrooms or hearing rooms to the
extent necessary to safeguard her identity from public disclosure.
Such an order shall be accompanied by specific written findings
explaining why the identity of the woman should be preserved from
public disclosure, why the order is essential to that end, how the
order is narrowly tailored to serve that interest, and why no
reasonable, less restrictive alternative exists. In the absence of
written consent of the woman upon whom an abortion has been
performed or induced or attempted to be performed or induced,
anyone, other than a public official, who brings an action under
Section 6 of this act shall do so under a pseudonym. This section
shall not be construed to conceal the identity of the plaintiff or
of witnesses from the defendant or from attorneys for the defendant.
Added by Laws 2012, c. 159, § 7, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 4, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.18. Interpretation of statute.
Oklahoma Statutes - Title 63. Public Health and Safety Page 402
Nothing in the Heartbeat Informed Consent Act shall be construed
as creating or recognizing a right to abortion.
Added by Laws 2012, c. 159, § 8, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 4, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.19. Severability of act.
If any one or more provision, section, subsection, sentence,
clause, phrase, or word of this act or the application thereof to
any person or circumstance is found to be unconstitutional, the same
is hereby declared to be severable and the balance of this act shall
remain effective notwithstanding such unconstitutionality. The
Oklahoma Legislature hereby declares that it would have passed this
act, and each provision, section, subsection, sentence, clause,
phrase, or word thereof, irrespective of the fact that any one or
more provision, section, subsection, sentence, clause, phrase, or
word be declared unconstitutional.
Added by Laws 2012, c. 159, § 9, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 4, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-745.31. Short title - Oklahoma Heartbeat Act.
This act shall be known and may be cited as the "Oklahoma
Heartbeat Act".
Added by Laws 2022, c. 190, § 1, emerg. eff. May 3, 2022.
§63-1-745.32. Definitions.
As used in this act:
1. "Fetal heartbeat" means cardiac activity or the steady and
repetitive rhythmic contraction of the fetal heart within the
gestational sac;
2. "Gestational age" means the amount of time that has elapsed
from the first day of a woman's last menstrual period;
3. "Gestational sac" means the structure comprising the
extraembryonic membranes that envelop the unborn child and that is
typically visible by ultrasound after the fourth week of pregnancy;
4. "Physician" means an individual licensed to practice
medicine in this state including a medical doctor and a doctor of
osteopathic medicine;
5. "Pregnancy" means the human female reproductive condition
that:
a. begins with fertilization,
b. occurs when the woman is carrying the developing human
offspring, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 403
c. is calculated from the first day of the woman's last
menstrual period;
6. "Standard medical practice" means the degree of skill, care,
and diligence that an obstetrician of ordinary judgment, learning,
and skill would employ in like circumstances;
7. "Unborn child" means a human fetus or embryo in any stage of
gestation from fertilization until birth; and
8. "Woman" and "women" include any person whose biological sex
is female including any person with XX chromosomes and any person
with a uterus, regardless of any gender identity that the person
attempts to assert or claim.
Added by Laws 2022, c. 190, § 2, emerg. eff. May 3, 2022.
§63-1-745.33. Determining presence of fetal heartbeat.
A. For the purposes of determining the presence of a fetal
heartbeat under this section, "standard medical practice" includes
employing the appropriate means of detecting the heartbeat based on
the estimated gestational age of the unborn child and the condition
of the woman and her pregnancy.
B. Except as provided by Sections 5 and 6 of this act, an
abortion may not be performed or induced on a pregnant woman unless
a physician has determined, in accordance with this section, whether
the woman's unborn child has a detectable fetal heartbeat.
C. In making a determination under subsection B of this
section, the physician must use a test that is:
1. Consistent with the physician's good faith and reasonable
understanding of standard medical practice; and
2. Appropriate for the estimated gestational age of the unborn
child and the condition of the pregnant woman and her pregnancy.
D. A physician making a determination under subsection B of
this section shall record in the pregnant woman's medical record:
1. The estimated gestational age of the unborn child;
2. The method used to estimate the gestational age; and
3. The test used for detecting a fetal heartbeat including the
date, time, and results of the test.
Added by Laws 2022, c. 190, § 3, emerg. eff. May 3, 2022.
§63-1-745.34. Abortion not to be performed if heartbeat detected.
A. Except as provided by Sections 5 and 6 of this act, a
physician shall not knowingly perform or induce an abortion on a
pregnant woman if the physician detected a fetal heartbeat for the
unborn child as required by Section 3 of this act or failed to
perform a test to detect a fetal heartbeat.
B. A physician shall not be in violation of this section if the
physician performed a test for a fetal heartbeat as required by
Section 3 of this act and did not detect a fetal heartbeat.
Oklahoma Statutes - Title 63. Public Health and Safety Page 404
C. This section shall not affect any provision of state law
that regulates or prohibits abortion including but not limited to
any provision that restricts or regulates an abortion by a
particular method or during a particular stage of pregnancy.
Added by Laws 2022, c. 190, § 4, emerg. eff. May 3, 2022.
§63-1-745.35. Medical emergency.
A. Sections 3 and 4 of this act shall not apply if a physician
believes a medical emergency exists that prevents compliance with
this act.
B. A physician who performs or induces an abortion under
circumstances described by subsection A of this section shall make
written notations in the pregnant woman's medical record of:
1. The physician's belief that a medical emergency necessitated
the abortion; and
2. The medical condition of the pregnant woman that prevented
compliance with this act.
C. A physician performing or inducing an abortion under this
section shall maintain in the physician's practice records a copy of
the notations made under subsection B of this section.
Added by Laws 2022, c. 190, § 5, emerg. eff. May 3, 2022.
§63-1-745.36. Federal agencies, contractors or employees –
Preemption or intergovernmental immunity.
Sections 3 and 4 of this act do not apply to an abortion
performed at the behest of federal agencies, contractors, or
employees that are carrying out duties under federal law, if a
prohibition on that abortion would violate the doctrines of
preemption or intergovernmental immunity.
Added by Laws 2022, c. 190, § 6, emerg. eff. May 3, 2022.
§63-1-745.37. Construction of act.
This act shall not be construed to:
1. Create or recognize a right to abortion before a fetal
heartbeat is detected;
2. Authorize the initiation of a cause of action against or the
prosecution of a woman on whom an abortion is performed or induced
or attempted to be performed or induced in violation of this act;
3. Wholly or partly repeal, either expressly or by implication,
any other statute that regulates or prohibits abortion; or
4. Restrict a political subdivision from regulating or
prohibiting abortion in any manner.
Added by Laws 2022, c. 190, § 7, emerg. eff. May 3, 2022.
§63-1-745.38. Enforcement.
Notwithstanding any other law, the requirements of this act
shall be enforced exclusively through a private civil action
Oklahoma Statutes - Title 63. Public Health and Safety Page 405
described in Section 9 of this act. No direct or indirect
enforcement of this act may be taken or threatened by the state, a
political subdivision, a district attorney, or an executive or
administrative officer or employee of this state or a political
subdivision against any person or entity, in any manner whatsoever,
except as provided in Section 9 of this act, and no violation of
this act may be used to justify or trigger the enforcement of any
other law or any type of adverse consequence under any other law,
except as provided in Section 9 of this act; provided, that this
section does not preclude enforcement of any other law or regulation
against conduct that is independently prohibited by such other law
or regulation.
Added by Laws 2022, c. 190, § 8, emerg. eff. May 3, 2022.
§63-1-745.39. Private civil action.
A. Any person, other than the state, its political
subdivisions, and any officer or employee of a state or local
governmental entity in this state, may bring a civil action against
any person who:
1. Performs or induces an abortion in violation of this act;
2. Knowingly engages in conduct that aids or abets the
performance or inducement of an abortion including paying for or
reimbursing the costs of an abortion through insurance or otherwise,
if the abortion is performed or induced in violation of this act,
regardless of whether the person knew or should have known that the
abortion would be performed or induced in violation of this act; or
3. Intends to engage in the conduct described by paragraph 1 or
2 of this subsection.
B. If a claimant prevails in an action brought under this
section, the court shall award:
1. Injunctive relief sufficient to prevent the defendant from
violating this act or engaging in acts that aid or abet violations
of this act;
2. Statutory damages in an amount of not less than Ten Thousand
Dollars ($10,000.00) for each abortion that the defendant performed
or induced in violation of this act, and for each abortion performed
or induced in violation of this act that the defendant aided or
abetted;
3. Nominal and compensatory damages if the plaintiff has
suffered harm from the defendant's conduct including but not limited
to loss of consortium and emotional distress; and
4. Court costs and attorney fees.
C. Notwithstanding subsection B of this section, a court shall
not award relief under paragraphs 2 or 4 of subsection B of this
section in response to a violation of paragraph 1 or 2 of subsection
A of this section if the defendant demonstrates that a court has
already ordered the defendant to pay not less than Ten Thousand
Oklahoma Statutes - Title 63. Public Health and Safety Page 406
Dollars ($10,000.00) of statutory damages as provided in paragraph 2
of subsection B of this section in a previous action for that
particular abortion performed or induced in violation of this act,
or for the particular conduct that aided or abetted an abortion
performed or induced in violation of this act.
D. Notwithstanding any other law, a person may bring an action
under this section not later than six (6) years after the date the
cause of action accrues.
E. Notwithstanding any other law, the following are not a
defense to an action brought under this section:
1. Ignorance or mistake of law;
2. A defendant's belief that the requirements of this act are
unconstitutional or were unconstitutional;
3. A defendant's reliance on any court decision that has been
overruled on appeal or by a subsequent court, even if that court
decision had not been overruled when the defendant engaged in
conduct that violates this act;
4. A defendant's reliance on any state or federal court
decision that is not binding on the court in which the action has
been brought;
5. Non-mutual issue preclusion or non-mutual claim preclusion;
6. The consent of the unborn child's mother to the abortion; or
7. Any claim that the enforcement of this act or the imposition
of civil liability against the defendant will violate the
constitutional rights of third parties, except as provided by
Section 10 of this act.
F. 1. It is an affirmative defense if a person sued under
paragraph 2 or 3 of subsection A of this section reasonably
believed, after conducting a reasonable investigation, that the
individuals and organizations involved with performing or
facilitating the abortion would comply with this act.
2. The defendant has the burden of proving an affirmative
defense under paragraph 1 of this subsection by a preponderance of
the evidence.
G. This section shall not be construed to impose liability on
any speech or conduct protected by the First Amendment of the United
States Constitution, as made applicable to the states through the
United States Supreme Court's interpretation of the Fourteenth
Amendment of the United States Constitution, or by Section 3 or 22
of Article II of the Oklahoma Constitution.
H. 1. Notwithstanding any other law, neither the state, nor
any of its political subdivisions, nor any district or county
attorney, nor any executive or administrative officer or employee of
this state or a political subdivision may:
a. act in concert or participation with anyone who brings
suit under this section,
Oklahoma Statutes - Title 63. Public Health and Safety Page 407
b. establish or attempt to establish any type of agency
or fiduciary relationship with a plaintiff who brings
suit under this section,
c. make any attempt to control or influence a plaintiff's
decision to bring suit under this section or the
plaintiff's conduct of the litigation, or
d. intervene in an action brought under this section.
2. This subsection shall not prohibit a person or entity
described by this subsection from filing an amicus curiae brief in
the action, so long as that person or entity does not act in concert
or participation with the plaintiff or plaintiffs who sue under this
section or violate any provision of paragraph 1 of this subsection.
I. Notwithstanding any other law, a court shall not award court
costs or attorney fees to a defendant in an action brought under
this section.
J. Notwithstanding any other law, a civil action under this
section shall not be subject to any provision of the Oklahoma
Citizens Participation Act, Section 1430 et seq. of Title 12 of the
Oklahoma Statutes, and shall not be subject to any provision of the
Oklahoma Religious Freedom Act, Section 251 et seq. of Title 51 of
the Oklahoma Statutes.
K. Notwithstanding any other law, a civil action under this
section shall not be brought:
1. Against the woman upon whom an abortion was performed or
induced or attempted to be performed or induced in violation of this
act, or against a pregnant woman who intends or seeks to abort her
unborn child in violation of this act;
2. Against any person or entity that performs, aids or abets,
or attempts to perform or aid or abet an abortion at the behest of
federal agencies, contractors, or employees that are carrying out
duties under federal law, if a prohibition on that abortion would
violate the doctrines of preemption or intergovernmental immunity;
3. Against any common carrier that transports a pregnant woman
to an abortion provider, if the common carrier is unaware that the
woman intends to abort her unborn child; or
4. By a person who impregnated a woman seeking an abortion
through an act of rape, sexual assault, incest, or any other act
prohibited by state law.
Added by Laws 2022, c. 190, § 9, emerg. eff. May 3, 2022.
§63-1-745.40. Affirmative defense.
A. 1. A defendant against whom an action is brought under
Section 9 of this act may assert an affirmative defense to liability
under this section if:
a. the defendant has standing to assert the rights of
women seeking an abortion under the tests for third-
Oklahoma Statutes - Title 63. Public Health and Safety Page 408
party standing established by the United States
Supreme Court, and
b. the imposition of civil liability on the defendant
will result in an undue burden on a woman or group of
women seeking an abortion.
2. The defendant shall bear the burden of proving the
affirmative defense in this subsection by a preponderance of the
evidence.
B. The affirmative defense under subsection A of this section
shall not be available if the United States Supreme Court overrules
Roe v. Wade, 410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505
U.S. 833 (1992), regardless of whether the conduct on which the
cause of action is based under Section 9 of this act occurred before
the Supreme Court overruled either of those decisions.
C. Nothing in this section or this act shall in any way limit
or preclude a defendant from asserting the defendant's personal
constitutional rights as a defense to liability under Section 9 of
this act, and a court shall not award relief under Section 9 of this
act if the conduct for which the defendant has been sued was an
exercise of state or federal constitutional rights that personally
belong to the defendant.
D. Nothing in this section or this act shall limit or preclude
a defendant from asserting the unconstitutionality of any provision
of this act as a defense to liability under Section 9 of this act.
Added by Laws 2022, c. 190, § 10, emerg. eff. May 3, 2022.
§63-1-745.41. Venue.
A. Notwithstanding any other law, a civil action brought under
Section 9 of this act shall be brought in:
1. The county in which all or a substantial part of the events
or omissions giving rise to the claim occurred;
2. The county of residence for any one of the natural person
defendants at the time the cause of action accrued;
3. The county of the principal office in this state of any one
of the defendants that is not a natural person; or
4. The county of residence for the claimant if the claimant is
a natural person residing in this state.
B. If a civil action is brought under Section 9 of this act in
any one of the venues described by subsection A of this section, the
action shall not be transferred to a different venue without the
written consent of all parties.
Added by Laws 2022, c. 190, § 11, emerg. eff. May 3, 2022.
§63-1-745.42. Sovereign, governmental, and official immunity.
A. Notwithstanding any other law, this state has sovereign
immunity, a political subdivision has governmental immunity, and
each officer and employee of this state or a political subdivision
Oklahoma Statutes - Title 63. Public Health and Safety Page 409
has official immunity in any action, claim, counterclaim, or any
type of legal or equitable action that challenges the validity of
any provision or application of this act, on constitutional grounds
or otherwise, or that seeks to prevent or enjoin the state, its
political subdivisions, or any officer or employee of this state or
a political subdivision from enforcing any provision or application
of this act, unless that immunity has been abrogated or preempted by
federal law in a manner consistent with the Constitution of the
United States.
B. Notwithstanding any other law, no provision of state law may
be construed to waive or abrogate an immunity described by
subsection A of this section unless it expressly waives immunity
with specific reference to this section.
C. Notwithstanding any other law, no attorney representing this
state, a political subdivision, or any officer or employee of this
state or a political subdivision is authorized or permitted to waive
an immunity described in subsection A or take any action that would
result in a waiver of that immunity.
D. Notwithstanding any other law, no court of this state shall
have jurisdiction to consider any action, claim, or counterclaim
that seeks declaratory or injunctive relief to prevent this state, a
political subdivision, any officer or employee of this state or a
political subdivision, or any person from enforcing any provision or
application of this act, or from filing a civil action under this
act.
E. Nothing in this section or this act shall be construed to
prevent a litigant from asserting the invalidity or
unconstitutionality of any provision or application of this act as a
defense to any action, claim, or counterclaim brought against that
litigant.
Added by Laws 2022, c. 190, § 12, emerg. eff. May 3, 2022.
§63-1-745.43. Liability for costs and attorney fees.
A. Notwithstanding any other law, any party including an
entity, attorney, or law firm, who seeks declaratory or injunctive
relief to prevent this state, a political subdivision, any
governmental entity or public official in this state, or any person
in this state from enforcing any statute, ordinance, rule,
regulation, or any other type of law that regulates or restricts
abortion or that limits taxpayer funding for individuals or entities
that perform or promote abortions, in any state or federal court, or
that represents any litigant seeking such relief in any state or
federal court, shall be jointly and severally liable for court costs
and attorney fees of the prevailing party.
B. For purposes of this section, a party is considered a
prevailing party with respect to a claim or cause of action if a
state or federal court:
Oklahoma Statutes - Title 63. Public Health and Safety Page 410
1. Dismisses that claim or cause of action brought against the
party that seeks the declaratory or injunctive relief described by
subsection A of this section, regardless of the reason for the
dismissal; or
2. Enters judgment in the party's favor on that claim or cause
of action.
C. Regardless of whether a prevailing party sought to recover
court costs or attorney fees in the underlying action, a prevailing
party under this section may bring a civil action to recover court
costs and attorney fees against a party including an entity,
attorney, or law firm, that sought declaratory or injunctive relief
described by subsection A of this section not later than three (3)
years after the date on which, as applicable:
1. The dismissal or judgment described by subsection B of this
section becomes final on the conclusion of appellate review; or
2. The time for seeking appellate review expires.
D. It is not a defense to an action brought under subsection C
of this section that:
1. A prevailing party under this section failed to seek
recovery of court costs or attorney fees in the underlying action;
2. The court in the underlying action declined to recognize or
enforce the requirements of this section; or
3. The court in the underlying action held that any provisions
of this section are invalid, unconstitutional, or preempted by
federal law, notwithstanding the doctrines of issue or claim
preclusion.
Added by Laws 2022, c. 190, § 13, emerg. eff. May 3, 2022.
§63-1-745.44. Legislative intent - Severability.
A. Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which
in the context of determining the severability of a state statute
regulating abortion the Supreme Court of the United States held that
an explicit statement of legislative intent is controlling, it is
the intent of the Legislature that every provision, section,
subsection, sentence, clause, phrase, or word in this act, and every
application of the provisions in this act to every person, group of
persons, or circumstances, are severable from each other.
B. If any application of any provision in this act to any
person, group of persons, or circumstances is found by a court to be
invalid, preempted, unconstitutional, or to impose an undue burden
on any woman or group of women seeking an abortion, then the
remaining applications of that provision to all other persons and
circumstances shall be severed and preserved, and shall remain in
effect. All constitutionally valid applications of the provisions
in this act, and every application of those provisions that can be
enforced without imposing an undue burden on women seeking
abortions, shall be severed from any applications that a court finds
Oklahoma Statutes - Title 63. Public Health and Safety Page 411
to be invalid, preempted, unconstitutional, or to impose an undue
burden on women seeking abortions, and the valid applications shall
remain in force, because it is the Legislature's intent and priority
that every valid application be allowed to stand alone. Even if a
reviewing court finds a provision of this act to impose an undue
burden in a large or substantial fraction of relevant cases, the
applications that do not present an undue burden shall be severed
from the remaining applications and shall remain in force, and shall
be treated as if the Legislature had enacted a statute limited to
the persons, group of persons, or circumstances for which the
statute's application does not impose an undue burden.
C. The Legislature further declares that it would have enacted
this act, and each provision, section, subsection, sentence, clause,
phrase, or word, and all constitutional applications of the
provisions of this act, irrespective of the fact that any provision,
section, subsection, sentence, clause, phrase, or word, or
applications of this act were to be declared invalid, preempted,
unconstitutional, or to impose an undue burden.
D. If any provision of this act is found by any court to be
unconstitutionally vague, then the applications of that provision
that do not present constitutional vagueness problems shall be
severed and remain in force, consistent with the severability
requirements of subsections A, B, and C of this section.
E. No court may decline to enforce the severability
requirements of subsections A, B, C, and D of this section on the
ground that severance would "rewrite" the statute or involve the
court in legislative or lawmaking activity. A court that declines
to enforce or enjoins a state official from enforcing a statutory
provision does not rewrite a statute, as the statute continues to
contain the same words as before the court's decision. A judicial
injunction or declaration of unconstitutionality:
1. Is nothing more than an edict prohibiting enforcement that
may subsequently be vacated by a later court if that court has a
different understanding of the requirements of the Oklahoma
Constitution or United States Constitution;
2. Is not a formal amendment of the language in a statute; and
3. No more rewrites a statute than a decision by the executive
not to enforce a duly enacted statute in a limited and defined set
of circumstances.
F. If any state or federal court disregards the severability
requirements of subsections A, B, C, D, and E of this section, and
declares or finds any provision of this act facially
unconstitutional, when there are discrete applications of that
provision that can be enforced against a person, group of persons,
or circumstances without violating federal law, the federal or state
constitutions, or imposing an undue burden on women seeking
abortions, then that provision shall be interpreted, as a matter of
Oklahoma Statutes - Title 63. Public Health and Safety Page 412
state law, as if the Legislature had enacted a provision limited to
the persons, group of persons, or circumstances for which the
provision's application will not violate federal law, the federal or
state constitutions, or impose an undue burden on women seeking
abortions, and every court shall adopt this saving construction of
that provision until the court ruling that pronounced the provision
facially unconstitutional is vacated or overruled.
Added by Laws 2022, c. 190, § 14, emerg. eff. May 3, 2022.
§63-1-745.51. Definitions.
As used in this act:
1. "Abortion" means the act of using, prescribing,
administering, procuring, or selling of any instrument, medicine,
drug, or any other substance, device, or means with the purpose to
terminate the pregnancy of a woman, with knowledge that the
termination by any of those means will with reasonable likelihood
cause the death of an unborn child. It does not include the use,
prescription, administration, procuring, or selling of Plan B,
morning-after pills, or any other type of contraception or emergency
contraception. An act is not an abortion if the act is performed
with the purpose to:
a. save the life or preserve the health of the unborn
child,
b. remove a dead unborn child caused by spontaneous
abortion, or
c. remove an ectopic pregnancy;
2. "Fertilization" means the fusion of a human spermatozoon
with a human ovum;
3. "Medical emergency" means a condition in which an abortion
is necessary to preserve the life of a pregnant woman whose life is
endangered by a physical disorder, physical illness, or physical
injury, including a life-endangering physical condition caused by or
arising from the pregnancy itself;
4. "Unborn child" means a human fetus or embryo in any stage of
gestation from fertilization until birth; and
5. "Woman" and "women" include any person whose biological sex
is female, including any person with XX chromosomes and any person
with a uterus, regardless of any gender identity that the person
attempts to assert or claim.
Added by Laws 2022, c. 321, § 1, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.31 of this title to avoid
duplication in numbering.
§63-1-745.52. Abortion prohibited - Exceptions.
Except as provided by Section 3 of this act, a person shall not
knowingly perform or attempt to perform an abortion unless:
Oklahoma Statutes - Title 63. Public Health and Safety Page 413
1. The abortion is necessary to save the life of a pregnant
woman in a medical emergency; or
2. The pregnancy is the result of rape, sexual assault, or
incest that has been reported to law enforcement.
Added by Laws 2022, c. 321, § 2, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.32 of this title to avoid
duplication in numbering.
§63-1-745.53. Application of federal law.
The prohibition in Section 2 of this act does not apply to an
abortion performed at the behest of federal agencies, contractors,
or employees that are carrying out duties under federal law, if a
prohibition on that abortion would violate the doctrines of
preemption or intergovernmental immunity.
Added by Laws 2022, c. 321, § 3, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.33 of this title to avoid
duplication in numbering.
§63-1-745.54. Enforcement.
Notwithstanding any other law, the requirements of this act
shall be enforced exclusively through the private civil actions
described in Section 5 of this act. No direct or indirect
enforcement of this act may be taken or threatened by the state, a
political subdivision, a district attorney, or an executive or
administrative officer or employee of this state or a political
subdivision against any person or entity, in any manner whatsoever,
except as provided in Section 5 of this act, and no violation of
this act may be used to justify or trigger the enforcement of any
other law or any type of adverse consequence under any other law,
except as provided in Section 5 of this act; provided, that this
section does not preclude the enforcement of any other law or
regulation against conduct that is independently prohibited by such
other law or regulation, and that would remain prohibited by such
other law or regulation in the absence of this act.
Added by Laws 2022, c. 321, § 4, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.34 of this title to avoid
duplication in numbering.
§63-1-745.55. Private civil actions.
A. Any person, other than the state, its political
subdivisions, and any officer or employee of a state or local
governmental entity in this state, may bring a civil action against
any person who:
1. Performs or induces an abortion in violation of this act;
2. Knowingly engages in conduct that aids or abets the
performance or inducement of an abortion, including paying for or
reimbursing the costs of an abortion through insurance or otherwise,
Oklahoma Statutes - Title 63. Public Health and Safety Page 414
if the abortion is performed or induced in violation of this act,
regardless of whether the person knew or should have known that the
abortion would be performed or induced in violation of this act; or
3. Intends to engage in the conduct described by paragraph 1 or
2 of this subsection.
B. If a claimant prevails in an action brought under this
section, the court shall award:
1. Injunctive relief sufficient to prevent the defendant from
violating this act or engaging in acts that aid or abet violations
of this act;
2. Statutory damages in an amount of not less than Ten Thousand
Dollars ($10,000.00) for each abortion that the defendant performed
or induced in violation of this act, and for each abortion performed
or induced in violation of this act that the defendant aided or
abetted;
3. Nominal and compensatory damages if the plaintiff has
suffered harm from the defendant's conduct, including but not
limited to loss of consortium and emotional distress; and
4. Court costs and attorney fees.
C. Notwithstanding subsection B of this section, a court shall
not award relief under paragraph 2 or 4 of subsection B of this
section in response to a violation of paragraph 1 or 2 of subsection
A of this section if the defendant demonstrates that a court has
already ordered the defendant to pay not less than Ten Thousand
Dollars ($10,000.00) of statutory damages as provided in paragraph 2
of subsection B of this section in a previous action for that
particular abortion performed or induced in violation of this act,
or for the particular conduct that aided or abetted an abortion
performed or induced in violation of this act.
D. Notwithstanding any other law, a person may bring an action
under this section not later than six (6) years after the date the
cause of action accrues.
E. Notwithstanding any other law, the following are not a
defense to an action brought under this section:
1. Ignorance or mistake of law;
2. A defendant's belief that the requirements of this act are
unconstitutional or were unconstitutional;
3. A defendant's reliance on any court decision that has been
overruled on appeal or by a subsequent court, even if that court
decision had not been overruled when the defendant engaged in
conduct that violates this act;
4. A defendant's reliance on any state or federal court
decision that is not binding on the court in which the action has
been brought;
5. Nonmutual issue preclusion or nonmutual claim preclusion;
6. The consent of the unborn child's mother to the abortion; or
Oklahoma Statutes - Title 63. Public Health and Safety Page 415
7. Any claim that the enforcement of this act or the imposition
of civil liability against the defendant will violate the
constitutional rights of third parties, except as provided by
Section 6 of this act.
F. 1. It is an affirmative defense if a person sued under
paragraph 2 or 3 of subsection A of this section reasonably
believed, after conducting a reasonable investigation, that the
individuals and organizations involved with performing or
facilitating the abortion would comply with this act.
2. The defendant has the burden of proving an affirmative
defense under paragraph 1 of this subsection by a preponderance of
the evidence.
G. This section shall not be construed to impose liability on
any speech or conduct protected by the First Amendment of the United
States Constitution, as made applicable to the states through the
United States Supreme Court's interpretation of the Fourteenth
Amendment of the United States Constitution, or by Section 3 or 22
of Article II of the Oklahoma Constitution.
H. 1. Notwithstanding any other law, neither the state, nor
any of its political subdivisions, nor any district attorney, nor
any executive or administrative officer or employee of this state or
a political subdivision may:
a. act in concert or participation with anyone who brings
suit under this section,
b. establish or attempt to establish any type of agency
or fiduciary relationship with a plaintiff who brings
suit under this section,
c. make any attempt to control or influence a plaintiff's
decision to bring suit under this section or the
plaintiff's conduct of the litigation, or
d. intervene in an action brought under this section.
2. This subsection shall not prohibit a person or entity
described by this subsection from filing an amicus curiae brief in
the action, so long as that person or entity does not act in concert
or participation with the plaintiff or plaintiffs who sue under this
section or violate any provision of paragraph 1 of this subsection.
I. Notwithstanding any other law, a court shall not award court
costs or attorney fees to a defendant in an action brought under
this section.
J. Notwithstanding any other law, a civil action under this
section shall not be subject to any provision of the Oklahoma
Citizens Participation Act, Section 1430 et seq. of Title 12 of the
Oklahoma Statutes, and shall not be subject to any provision of the
Oklahoma Religious Freedom Act, Section 251 et seq. of Title 51 of
the Oklahoma Statutes.
K. Notwithstanding any other law, a civil action under this
section may not be brought:
Oklahoma Statutes - Title 63. Public Health and Safety Page 416
1. Against the woman upon whom an abortion was performed or
induced or attempted to be performed or induced in violation of this
act, or against a pregnant woman who intends or seeks to abort her
unborn child in violation of this act;
2. Against any person or entity that performs, aids or abets,
or attempts to perform or aid or abet an abortion at the behest of
federal agencies, contractors, or employees that are carrying out
duties under federal law, if a prohibition on that abortion would
violate the doctrines of preemption or intergovernmental immunity;
3. Against any common carrier that transports a pregnant woman
to an abortion provider, if the common carrier is unaware that the
woman intends to abort her unborn child; or
4. By a person who impregnated a woman seeking an abortion
through an act of rape, sexual assault, incest, or any other act
prohibited by state law.
Added by Laws 2022, c. 321, § 5, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.35 of this title to avoid
duplication in numbering.
§63-1-745.56. Affirmative defense.
A. 1. A defendant against whom an action is brought under
Section 5 of this act may assert an affirmative defense to liability
under this section if:
a. the defendant has standing to assert the rights of
women seeking an abortion under the tests for third-
party standing established by the United States
Supreme Court, and
b. the imposition of civil liability on the defendant
will result in an undue burden on a woman or group of
women seeking an abortion.
2. The defendant shall bear the burden of proving the
affirmative defense in this subsection by a preponderance of the
evidence.
B. The affirmative defense under subsection A of this section
shall not be available if the United States Supreme Court overrules
Roe v. Wade, 410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505
U.S. 833 (1992), regardless of whether the conduct on which the
cause of action is based under Section 5 of this act occurred before
the Supreme Court overruled either of those decisions.
C. Nothing in this section or this act shall in any way limit
or preclude a defendant from asserting the defendant's personal
constitutional rights as a defense to liability under Section 5 of
this act, and a court shall not award relief under Section 5 of this
act if the conduct for which the defendant has been sued was an
exercise of state or federal constitutional rights that personally
belong to the defendant.
Oklahoma Statutes - Title 63. Public Health and Safety Page 417
D. Nothing in this section or this act shall limit or preclude
a defendant from asserting the unconstitutionality of any provision
of this act as a defense to liability under Section 5 of this act.
Added by Laws 2022, c. 321, § 6, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.36 of this title to avoid
duplication in numbering.
§63-1-745.57. Venue.
A. Notwithstanding any other law, a civil action brought under
Section 5 of this act shall be brought in:
1. The county in which all or a substantial part of the events
or omissions giving rise to the claim occurred;
2. The county of residence for any one of the natural person
defendants at the time the cause of action accrued;
3. The county of the principal office in this state of any one
of the defendants that is not a natural person; or
4. The county of residence for the claimant, if the claimant is
a natural person residing in this state.
B. If a civil action is brought under Section 5 of this act in
any one of the venues described by subsection A of this section, the
action shall not be transferred to a different venue without the
written consent of all parties.
Added by Laws 2022, c. 321, § 7, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.37 of this title to avoid
duplication in numbering.
§63-1-745.58. Immunity - Jurisdiction.
A. Notwithstanding any other law, this state has sovereign
immunity, a political subdivision has governmental immunity, and
each officer and employee of this state or a political subdivision
has official immunity in any action, claim, counterclaim, or any
type of legal or equitable action that challenges the validity of
any provision or application of this act, on constitutional grounds
or otherwise, or that seeks to prevent or enjoin the state, its
political subdivisions, or any officer or employee of this state or
a political subdivision from enforcing any provision or application
of this act, unless that immunity has been abrogated or preempted by
federal law in a manner consistent with the Constitution of the
United States.
B. Notwithstanding any other law, no provision of state law may
be construed to waive or abrogate an immunity described by
subsection A of this section unless it expressly waives immunity
with specific reference to this section.
C. Notwithstanding any other law, no attorney representing this
state, a political subdivision, or any officer or employee of this
state or a political subdivision is authorized or permitted to waive
Oklahoma Statutes - Title 63. Public Health and Safety Page 418
an immunity described in subsection A of this section or take any
action that would result in a waiver of that immunity.
D. Notwithstanding any other law, no court of this state shall
have jurisdiction to consider any action, claim, or counterclaim
that seeks declaratory or injunctive relief against the state, a
political subdivision, or any officer or employee of this state or a
political subdivision in relation to this act.
E. Notwithstanding any other law, no court of this state shall
have jurisdiction to consider any action, claim, or counterclaim
that seeks declaratory or injunctive relief to prevent a private
individual from enforcing any provision or application of this act,
or from filing a civil action under this act.
F. Nothing in this section or act shall be construed to prevent
a litigant from asserting the invalidity or unconstitutionality of
any provision or application of this act as a defense to any action,
claim, or counterclaim brought against that litigant.
Added by Laws 2022, c. 321, § 8, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.38 of this title to avoid
duplication in numbering.
§63-1-745.59. Legislative intent - Severability.
A. Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which
in the context of determining the severability of a state statute
regulating abortion, the Supreme Court of the United States held
that an explicit statement of legislative intent is controlling. It
is the intent of the Legislature that every provision, section,
subsection, sentence, clause, phrase, or word in this act, and every
application of the provisions in this act to every person, group of
persons, or circumstances, are severable from each other.
B. If any application of any provision in this act to any
person, group of persons, or circumstances is found by a court to be
invalid, preempted, unconstitutional, or to impose an undue burden
on any woman or group of women seeking an abortion, then the
remaining applications of that provision to all other persons and
circumstances shall be severed and preserved, and shall remain in
effect. All constitutionally valid applications of the provisions
in this act, and every application of those provisions that can be
enforced without imposing an undue burden on women seeking
abortions, shall be severed from any applications that a court finds
to be invalid, preempted, unconstitutional, or to impose an undue
burden on women seeking abortions, and the valid applications shall
remain in force, because it is the Legislature's intent and priority
that every valid application be allowed to stand alone. Even if a
reviewing court finds a provision of this act to impose an undue
burden in a large or substantial fraction of relevant cases, the
applications that do not present an undue burden shall be severed
from the remaining applications and shall remain in force, and shall
Oklahoma Statutes - Title 63. Public Health and Safety Page 419
be treated as if the Legislature had enacted a statute limited to
the persons, group of persons, or circumstances for which the
statute's application does not impose an undue burden.
C. The Legislature further declares that it would have enacted
this act, and each provision, section, subsection, sentence, clause,
phrase, or word, and all constitutional applications of the
provisions of this act, irrespective of the fact that any provision,
section, subsection, sentence, clause, phrase, or word, or
applications of this act were to be declared invalid, preempted,
unconstitutional, or to impose an undue burden.
D. If any provision of this act is found by any court to be
unconstitutionally vague, then the applications of that provision
that do not present constitutional vagueness problems shall be
severed and remain in force, consistent with the severability
requirements of subsections A, B, and C of this section.
E. No court may decline to enforce the severability
requirements of subsections A, B, C, and D of this section on the
ground that severance would "rewrite" the statute or involve the
court in legislative or lawmaking activity. A court that declines
to enforce or enjoins a state official from enforcing a statutory
provision does not rewrite a statute, as the statute continues to
contain the same words as before the court's decision. A judicial
injunction or declaration of unconstitutionality:
1. Is nothing more than an edict prohibiting enforcement that
may subsequently be vacated by a later court if that court has a
different understanding of the requirements of the Oklahoma
Constitution or United States Constitution;
2. Is not a formal amendment of the language in a statute; and
3. Does no more rewrites of a statute than a decision by the
executive not to enforce a duly enacted statute in a limited and
defined set of circumstances.
F. If any state or federal court disregards the severability
requirements of subsections A, B, C, D, and E of this section, and
declares or finds any provision of this act facially
unconstitutional, when there are discrete applications of that
provision that can be enforced against a person, group of persons,
or circumstances without violating federal law, the federal or state
constitutions, or imposing an undue burden on women seeking
abortions, then that provision shall be interpreted, as a matter of
state law, as if the Legislature had enacted a provision limited to
the persons, group of persons, or circumstances for which the
provision's application will not violate federal law, the federal or
state constitutions, or impose an undue burden on women seeking
abortions, and every court shall adopt this saving construction of
that provision until the court ruling that pronounced the provision
facially unconstitutional is vacated or overruled.
Added by Laws 2022, c. 321, § 9, emerg. eff. May 25, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 420
NOTE: Editorially renumbered from § 1-745.39 of this title to avoid
duplication in numbering.
§63-1-745.60. Application with other state abortion laws.
This act shall not affect any provision of state law that
regulates or prohibits abortion including, but not limited to, any
provision that restricts or regulates an abortion by a particular
method or during a particular stage of pregnancy.
Added by Laws 2022, c. 321, § 10, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.40 of this title to avoid
duplication in numbering.
§63-1-746.1. Definitions.
As used in this act, the term:
1. "Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device intentionally to
terminate the pregnancy of a female known to be pregnant with an
intention other than to increase the probability of a live birth, to
preserve the life or health of the child after live birth, to remove
an ectopic pregnancy or to remove a dead unborn child who died as a
result of a spontaneous abortion, accidental trauma or a criminal
assault on the pregnant female or her unborn child;
2. "Attempt to perform or induce an abortion" means an act, or
an omission of a statutorily required act, that, under the
circumstances as the actor believes them to be, constitutes a
substantial step in a course of conduct planned to culminate in the
performance of an abortion in Oklahoma in violation of this act;
3. "Fetal anomaly incompatible with life" means a profound and
irremediable congenital or chromosomal anomaly that is incompatible
with sustaining life after birth. Fetal anomaly incompatible with
life does not include conditions which can be treated;
4. "Medical emergency" means any condition which, on the basis
of the physician's good-faith clinical judgment, so complicates the
medical condition of a pregnant female as to necessitate the
immediate abortion of her pregnancy to avert her death or for which
a delay will create serious risk of substantial and irreversible
impairment of a major bodily function;
5. "Perinatal hospice" means comprehensive support that
includes support from the time of diagnosis through the time of
birth and death of the infant and through the postpartum period.
Supportive care may include maternal-fetal medical specialists,
obstetricians, neonatologists, anesthesia specialists,
psychiatrists, psychologists, or other mental health professionals,
clergy, social workers, and specialty nurses; and
6. "Physician" means a person licensed to practice medicine in
this state pursuant to Sections 495 and 633 of Title 59 of the
Oklahoma Statutes.
Oklahoma Statutes - Title 63. Public Health and Safety Page 421
Added by Laws 2014, c. 175, § 1, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-746.2. Voluntary and informed consent.
No abortion shall be performed or induced or attempted to be
performed or induced without the voluntary and informed consent of
the female upon whom the abortion is to be performed or induced or
attempted to be performed or induced. Except in the case of a
medical emergency, consent to an abortion is voluntary and informed
if and only if, at least seventy-two (72) hours before the abortion:
1. In the case of a female seeking an abortion of her unborn
child diagnosed with a fetal anomaly incompatible with life, the
female is informed, by telephone or in person, by the physician who
is to perform the abortion or the physician's agent:
a. that perinatal hospice services are available,
b. this service is an alternative to abortion,
c. that she has the right to review the printed materials
described in this section,
d. that these materials are available on a state-
sponsored website, and
e. what the website address is where she can access this
information.
The information required by this paragraph may be provided by a tape
recording if provision is made to record or otherwise register
specifically whether the female does or does not choose to have the
printed materials given or mailed to her;
2. The physician or the physician's agent shall orally inform
the female that the materials have been provided by the State of
Oklahoma and that they list the places which offer perinatal hospice
services both in her state and nationally. If the female chooses to
view the materials other than on the website, they shall either be
given to her at least seventy-two (72) hours before the abortion, or
received by her at least seventy-two (72) hours before the abortion
by certified mail, restricted delivery to addressee, which means the
postal employee can only deliver the mail to the addressee;
3. The female certifies in writing, prior to the abortion, that
the information described in paragraphs 1 and 2 of this section has
been furnished her, and that she has been informed of her
opportunity to review the information referred to in paragraph 2 of
this section; and
4. Prior to the performance of the abortion, the physician who
is to perform the abortion or the physician's agent receives a copy
of the written certification prescribed by paragraph 3 of this
section. This certification shall be maintained in the female
patient's file for not less than five (5) years.
Oklahoma Statutes - Title 63. Public Health and Safety Page 422
Added by Laws 2014, c. 175, § 2, eff. Nov. 1, 2014. Amended by Laws
2015, c. 255, § 7, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 10, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-746.3. Printed materials to provide information.
A. Within ninety (90) days after this act is enacted, the State
Board of Medical Licensure and Supervision shall cause to be
published, in English and in each language which is the primary
language of two percent (2%) or more of the state's population, and
shall cause to be available on the state website provided for in
Section 4 of this act, the following printed materials in such a way
as to ensure that the information is easily comprehensible:
geographically indexed materials designed to inform the female who
has been told her unborn child has a fetal anomaly incompatible with
life of public and private agencies and services available to her
which offer perinatal hospice and palliative care if she chooses to
continue her pregnancy. The material shall include a comprehensive
list of the agencies available, a description of the services they
offer, and a description of the manner, including telephone numbers,
in which they might be contacted or, at the option of the Board,
printed materials including a toll-free, twenty-four-hour-a-day
telephone number which may be called to obtain, orally, such a list
and description of agencies in the locality of the caller and of the
services they offer.
B. The materials referred to in subsection A of this section
shall be printed in a typeface large enough to be clearly legible.
The website provided for in Section 4 of this act shall be
maintained at a minimum resolution of 70 DPI (dots per inch). All
letters on the website shall be a minimum of 11-point font. All
information shall be accessible with an industry standard browser,
requiring no additional plug-ins.
C. The materials required under this section shall be available
at no cost from the Board upon request and in appropriate number to
any person, facility or hospital.
Added by Laws 2014, c. 175, § 3, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-746.4. Website to provide information.
A. The State Board of Medical Licensure and Supervision shall
develop and maintain a stable Internet website to provide the
information described under Section 2 of this act. No information
regarding who uses the website shall be collected or maintained.
The State Board of Medical Licensure and Supervision shall monitor
Oklahoma Statutes - Title 63. Public Health and Safety Page 423
the website on a daily basis to prevent and correct tampering and
shall immediately notify abortion providers of any change in the
location of the material on its website.
B. The website:
1. Must use enhanced, user-friendly search capabilities to
ensure that the information described in Section 2 of this act is
easily accessible and must be searchable by keywords and phrases,
specifically to ensure that entering the terms "abortion" and "fetal
anomaly" yield the materials described in Section 2 of this act,
regardless of how the materials are labeled;
2. Must ensure that the materials described in Section 2 of
this act are printable;
3. Must give clear prominent instructions on how to receive the
information in printed form; and
4. Must be accessible to the public without requiring
registration or use of a user name, a password or another user
identification.
Added by Laws 2014, c. 175, § 4, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-746.5. Medical emergency.
When a medical emergency compels the performance of an abortion,
the physician shall inform the female, prior to the abortion if
possible, of the medical indications supporting the physician's
judgment that an abortion is necessary to avert her death or that a
twenty-four-hour delay will create serious risk of substantial and
irreversible impairment of a major bodily function.
Added by Laws 2014, c. 175, § 5, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-746.6. Reporting form for physicians.
A. Within ninety (90) days after this act is enacted, the State
Board of Medical Licensure and Supervision shall prepare a reporting
form for physicians containing a reprint of this act and listing:
1. The number of females to whom the physician or an agent of
the physician provided the information described in paragraph 1 of
Section 2 of this act; of that number, the number provided by
telephone and the number provided in person; of each of those
numbers, the number provided in the capacity of a referring
physician and the number provided in the capacity of a physician who
is to perform the abortion; and of each of those numbers, the number
provided by the physician and the number provided by an agent of the
physician;
Oklahoma Statutes - Title 63. Public Health and Safety Page 424
2. The number of females who availed themselves of the
opportunity to obtain a copy of the printed information described in
Section 3 of this act other than on the website, and the number who
did not; and of each of those numbers, the number who, to the best
of the reporting physician's information and belief, went on to
obtain the abortion; and
3. The number of abortions performed by the physician in which
information otherwise required to be provided at least seventy-two
(72) hours before the abortion was not so provided because an
immediate abortion was necessary to avert the female's death, and
the number of abortions in which such information was not so
provided because a delay would create serious risk of substantial
and irreversible impairment of a major bodily function.
B. The Board shall ensure that copies of the reporting forms
described in subsection A of this section are provided:
1. Within one hundred twenty (120) days after this act is
enacted, to all physicians licensed to practice in this state;
2. To each physician who subsequently becomes newly licensed to
practice in this state, at the same time as official notification to
that physician that the physician is so licensed; and
3. By December 1 of each year, other than the calendar year in
which forms are distributed in accordance with paragraph 1 of this
subsection, to all physicians licensed to practice in this state.
C. By February 28 of each year following a calendar year in any
part of which this act was in effect, each physician who provided,
or whose agent provided, information to one or more females in
accordance with Section 2 of this act during the previous calendar
year shall submit to the Board a copy of the form described in
subsection A of this section, with the requested data entered
accurately and completely.
D. Reports that are not submitted by the end of a grace period
of thirty (30) days following the due date shall be subject to a
late fee of Five Hundred Dollars ($500.00) for each additional
thirty-day period or portion of a thirty-day period they are
overdue. Any physician required to report in accordance with this
section who has not submitted a report, or has submitted only an
incomplete report, more than one (1) year following the due date,
may, in an action brought by the Board, be directed by a court of
competent jurisdiction to submit a complete report within a period
stated by court order or be subject to sanctions for civil contempt.
E. By June 30 of each year the State Board of Medical Licensure
and Supervision shall issue a public report providing statistics for
the previous calendar year compiled from all of the reports covering
that year submitted in accordance with this section for each of the
items listed in subsection A of this section. Each such report
shall also provide the statistics for all previous calendar years,
adjusted to reflect any additional information from late or
Oklahoma Statutes - Title 63. Public Health and Safety Page 425
corrected reports. The Board shall take care to ensure that none of
the information included in the public reports could reasonably lead
to the identification of any individual provided information in
accordance with paragraph 1 of Section 2 of this act.
F. The Board may by rule alter the dates established by
paragraph 3 of subsection B or subsection C or E of this section or
consolidate the forms or reports described in this section with
other forms or reports to achieve administrative convenience or
fiscal savings or to reduce the burden of reporting requirements, so
long as reporting forms are sent to all licensed physicians in the
state at least once every year and the report described in
subsection E of this section is issued at least once every year.
Added by Laws 2014, c. 175, § 6, eff. Nov. 1, 2014. Amended by Laws
2015, c. 255, § 8, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 10, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-746.7. Violations - Penalties.
Any person who knowingly or recklessly performs or attempts to
perform an abortion in violation of this act shall be guilty of a
Class D2 felony offense. No penalty may be assessed against the
female upon whom the abortion is performed or attempted to be
performed.
No penalty or civil liability may be assessed for failure to
comply with paragraph 1 or 2 of Section 2 of this act or that
portion of paragraph 3 of Section 2 of this act requiring a written
certification that the female has been informed of her opportunity
to review the information referred to in paragraph 1 of Section 2 of
this act unless the Board has made the printed materials available
at the time the physician or the physician's agent is required to
inform the female of her right to review them.
Added by Laws 2014, c. 175, § 7, eff. Nov. 1, 2014. Amended by Laws
2025, c. 486, § 606, eff. Jan. 1, 2026.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-746.8. Violations – Civil actions for mother, father or
grandparent.
Any person upon whom an abortion has been performed or induced
without this act being complied with, the father of the unborn child
who was the subject of such an abortion, or the grandparent of such
an unborn child may maintain an action pursuant to Sections 1-738.3f
through 1-738.3k of Title 63 of the Oklahoma Statutes against any
person or entity which performed or induced or attempted to perform
or induce the abortion in violation of this act, or against any
Oklahoma Statutes - Title 63. Public Health and Safety Page 426
person or entity which made a referral as defined in Sections 1-
738.3f through 1-738.3k of Title 63 of the Oklahoma Statutes
regarding this particular abortion. The procedure and remedy in a
civil action brought pursuant to this section shall be the same as
the procedure and remedy in other suits brought pursuant to Sections
1-738.3f through 1-738.3k of Title 63 of the Oklahoma Statutes.
Added by Laws 2014, c. 175, § 8, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-746.9. Anonymity in court proceedings.
In every civil or criminal proceeding or action brought under
this act, the court shall rule whether the anonymity of any female
upon whom an abortion has been performed or attempted shall be
preserved from public disclosure if she does not give her consent to
such disclosure. The court, upon motion or sua sponte, shall make
such a ruling and, upon determining that her anonymity should be
preserved, shall issue orders to the parties, witnesses, and counsel
and shall direct the sealing of the record and exclusion of
individuals from courtrooms or hearing rooms to the extent necessary
to safeguard her identity from public disclosure. Each such order
shall be accompanied by specific written findings explaining why the
anonymity of the female should be preserved from public disclosure,
why the order is essential to that end, how the order is narrowly
tailored to serve that interest, and why no reasonable less-
restrictive alternative exists. In the absence of written consent
of the female upon whom an abortion has been performed or attempted,
anyone, other than a public official, who brings an action under
Section 8 of this act shall do so under a pseudonym. This section
may not be construed to conceal the identity of the plaintiff or of
witnesses from the defendant.
Added by Laws 2014, c. 175, § 9, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-746.10. Severability.
If any one or more provision, section, subsection, sentence,
clause, phrase or word of this act or the application thereof to any
person or circumstance is found to be unconstitutional, the same is
hereby declared to be severable and the balance of this act shall
remain effective notwithstanding such unconstitutionality. The
Legislature hereby declares that it would have passed this act, and
each provision, section, subsection, sentence, clause, phrase or
word thereof, irrespective of the fact that any one or more
Oklahoma Statutes - Title 63. Public Health and Safety Page 427
provision, section, subsection, sentence, clause, phrase or word be
declared unconstitutional.
Added by Laws 2014, c. 175, § 10, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-747.1. Short title - Prioritization of Public Funding in the
Purchasing of Family Planning and Counseling Services Act.
This act shall be known as the "Prioritization of Public Funding
in the Purchasing of Family Planning and Counseling Services Act".
Added by Laws 2013, c. 385, § 1, eff. Nov. 1, 2013.
§63-1-747.2. Definitions.
As used in the Prioritization of Public Funding in the
Purchasing of Family Planning and Counseling Services Act:
1. "Public funds" means state funds from whatever source,
including without limitation state general revenue funds, state
special account and limited purpose grants and/or loans, and federal
funds provided under Title V (42 U.S.C., Section 701 et seq.), Title
X (42 U.S.C., Section 300 et seq.), Title XIX (42 U.S.C., Section
1396 et seq.), Title XX (42 U.S.C., Section 1397 et seq.) and Title
X (42 U.S.C., Section 1786 et seq.);
2. "Federally qualified health center" means a health care
provider that is eligible for federal funding under 42 U.S.C.,
Section 1396d(1)(2)(B);
3. "Rural health clinic" means a health care provider that is
eligible for federal funding under 42 U.S.C., Section 1395x(aa)(2);
4. "Hospital" means a primary or tertiary care facility
licensed as a hospital under the laws of this state; and
5. "Department" means the Oklahoma Health Care Authority or the
State Department of Health.
Added by Laws 2013, c. 385, § 2, eff. Nov. 1, 2013.
§63-1-747.3. Order of priority.
Subject to any applicable requirements of federal statutes,
rules, regulations or guidelines, any expenditures or grants of
public funds for family planning or counseling services by the State
of Oklahoma, by and through the Department shall be made in the
following order of priority:
1. To public entities;
2. To nonpublic hospitals, federally qualified health centers,
and rural health clinics; and
3. To nonpublic health providers that have as their primary
purpose the provision of the primary health care services enumerated
in 42 U.S.C., Section 254b(a)(1).
Added by Laws 2013, c. 385, § 3, eff. Nov. 1, 2013.
Oklahoma Statutes - Title 63. Public Health and Safety Page 428
§63-1-747.4. Cause of action.
A cause of action in law or equity for recoupment, declaratory
or injunctive relief against any person who has intentionally
violated the Prioritization of Public Funding in the Purchasing of
Family Planning and Counseling Services Act may be maintained by a
district attorney with appropriate jurisdiction, or by the Attorney
General.
Added by Laws 2013, c. 385, § 4, eff. Nov. 1, 2013.
§63-1-747.5. Severability.
If any one or more provisions, sections, subsections, sentences,
clauses, phrases or words of this act or the application thereof to
any person or circumstance is found to be unconstitutional, the same
is hereby declared to be severable and the balance of the
Prioritization of Public Funding in the Purchasing of Family
Planning and Counseling Services Act shall remain effective
notwithstanding such unconstitutionality. The Legislature hereby
declares that it would have passed this act, and each provision,
section, subsection, sentence, clause, phrase or word thereof,
irrespective of the fact that any one or more provisions, sections,
subsections, sentences, clauses, phrases or words of the act, or the
application of the act, would be declared unconstitutional.
Added by Laws 2013, c. 385, § 5, eff. Nov. 1, 2013.
§63-1-748. Abortion facility standards - Admitting privileges
requirement - Violations - Penalties.
A. The State Board of Health shall establish abortion facility
supplies and equipment standards, including equipment required to be
immediately available for use in an emergency. Such standards
shall, at a minimum:
1. Specify required equipment and supplies, including
medications, required for the performance of abortion procedures and
for monitoring the progress of each patient throughout the abortion
procedure and post-procedure recovery period;
2. Require that the number or amount of equipment and supplies
at the facility is adequate at all times to assure sufficient
quantities of clean and sterilized durable equipment and supplies to
meet the needs of each patient;
3. Specify the mandated equipment and supplies for required
laboratory tests and the requirements for protocols to calibrate and
maintain laboratory equipment at the abortion facility or operated
by facility staff;
4. Require ultrasound equipment in all abortion facilities; and
5. Require that all equipment is safe for the patient and
facility staff, meets applicable federal standards, and is checked
annually to ensure safety and appropriate calibration.
Oklahoma Statutes - Title 63. Public Health and Safety Page 429
B. On any day when any abortion is performed in a facility
providing abortions, a physician with admitting privileges at a
general medical surgical hospital which offers obstetrical or
gynecological care in this state within thirty (30) miles of where
the abortion is being performed must remain on the premises of the
facility to facilitate the transfer of emergency cases if
hospitalization of an abortion patient or a child born alive is
necessary and until all abortion patients are stable and ready to
leave the recovery room.
C. The State Board of Health shall adopt standards relating to
the training physician assistants licensed pursuant to the
provisions of Section 519.1 of Title 59 of the Oklahoma Statutes and
employed by or providing services in a facility providing abortions
shall receive in counseling, patient advocacy, and the specific
medical and other services.
D. The State Board of Health shall adopt standards related to
the training that volunteers at facilities providing abortions shall
receive in the specific services that the volunteers provide,
including counseling and patient advocacy.
E. The State Board of Health shall adopt standards related to
the medical screening and evaluation of each abortion patient. At
minimum these standards shall require:
1. A medical history, including the following:
a. reported allergies to medications, antiseptic
solutions, and latex,
b. obstetric and gynecological history,
c. past surgeries, and
d. medication the patient is currently taking;
2. A physical examination, including a bimanual examination
estimating uterine size and palpation of the adnexa; and
3. The appropriate preprocedure testing, including:
a. urine or blood tests for pregnancy, if ordered by a
physician,
b. a test for anemia,
c. Rh typing, unless reliable written documentation of
blood type is available, and
d. an ultrasound evaluation for all patients who elect to
have an abortion. The physician performing the
abortion is responsible for estimating the gestational
age of the unborn child based on the ultrasound
examination and established standards of obstetrical
care and shall write the estimate in the patient's
medical record. An original print of each ultrasound
examination of the patient shall be kept in the
patient's medical record.
Oklahoma Statutes - Title 63. Public Health and Safety Page 430
F. The State Board of Health shall adopt standards related to
the performance of the abortion procedure and post-procedure follow-
up care. At minimum these standards shall require:
1. That medical personnel are available to all abortion
patients throughout the procedure;
2. The appropriate use of local anesthesia, analgesia, and
sedation if ordered by the physician performing the procedure;
3. The use of appropriate precautions, such as the
establishment of intravenous access;
4. That the physician performing the abortion procedure
monitors the patient's vital signs and other defined signs and
markers of the patient's status throughout the procedure and during
the recovery period until the patient's condition is deemed to be
stable in the recovery room;
5. Immediate post-procedure care and observation in a
supervised recovery room for as long as the patient's condition
warrants;
6. That the facility in which the abortion procedure is
performed arranges for a patient's hospitalization if any
complication beyond the management capability of the abortion
facility's medical staff occurs or is suspected;
7. That a licensed health-care professional trained in the
management of the recovery room and capable of providing
cardiopulmonary resuscitation actively monitors patients in the
recovery room;
8. That there is a specified minimum time that a patient
remains in the recovery room by type of abortion procedure and
duration of gestation;
9. That a physician discusses RhO(D) immune globulin with each
patient for whom it is indicated and assures it is offered to the
patient in the immediate post-operative period or that it will be
available to her within seventy-two (72) hours after completion of
the abortion procedure. If the patient refuses, a refusal form
approved by the State Board of Health shall be signed by the patient
and a witness and included in the medical record;
10. Written instructions with regard to post-abortion coitus,
signs of possible complications, and general aftercare are given to
each patient. Each patient shall have specific instructions
regarding access to medical care for complications, including a
telephone number to call for medical emergencies;
11. That the physician ensures that a licensed health-care
professional from the abortion facility makes a good faith effort to
contact the patient by phone, with the patient's consent, within
twenty-four (24) hours after procedure to assess the patient's
recovery;
12. Equipment and services are located in the recovery room to
provide appropriate emergency and resuscitative life-support
Oklahoma Statutes - Title 63. Public Health and Safety Page 431
procedures pending the transfer of the patient or a child born alive
in the facility;
13. That a post-abortion medical visit shall be offered to each
abortion patient and, if requested, scheduled for two (2) to three
(3) weeks after the abortion procedure and shall include a medical
examination and a review of the results of all laboratory tests; and
14. That a urine or blood test shall be obtained at the time of
the follow-up visit to rule out continued pregnancy. If a
continuing pregnancy is suspected, the patient shall be
appropriately evaluated; and a physician who performs abortions
shall be consulted.
G. Facilities performing abortions shall record each incident
resulting in a patient's or a born-alive child's injury occurring at
the facility and shall report incidents in writing to the State
Board of Health within ten (10) days of the incident. For the
purposes of this subsection, "injury" shall mean an injury that
occurs at the facility and creates a serious risk of substantial
impairment of a major body organ or function.
H. If a patient's death occurs, other than the death of an
unborn child properly reported pursuant to law, the facility
performing abortions shall report the death to the State Board of
Health no later than the next business day.
I. Incident reports shall be filed with the State Board of
Health and all appropriate professional licensing and regulatory
boards, including, but not limited to, the State Board of Medical
Licensure and Supervision and the Oklahoma Board of Nursing.
J. Whoever operates a facility performing abortions without a
valid license shall be guilty of a felony. Any person who
intentionally, knowingly, or recklessly violates the provisions of
this act or any standards adopted by the State Board of Health in
accordance with this act shall be guilty of a felony.
K. Any violation of this act or any standards adopted under
this act may be subject to a civil penalty or fine up to Twenty-five
Thousand Dollars ($25,000.00) imposed by the State Board of Health.
Each day of violation constitutes a separate violation for purposes
of assessing civil penalties or fines. In deciding whether and to
what extent to impose civil penalties or fines, the State Board of
Health shall consider the following factors:
1. Gravity of the violation, including the probability that
death or serious physical harm to a patient or individual will
result or has resulted;
2. Size of the population at risk as a consequence of the
violation;
3. Severity and scope of the actual or potential harm;
4. Extent to which the provisions of the applicable statutes or
regulations were violated;
5. Any indications of good faith exercised by facility;
Oklahoma Statutes - Title 63. Public Health and Safety Page 432
6. The duration, frequency, and relevance of any previous
violations committed by the facility; and
7. Financial benefit to the facility of committing or
continuing the violation.
L. In addition to any other penalty provided by law, whenever
in the judgment of the State Commissioner of Health any person has
engaged, or is about to engage, in any acts or practices which
constitute, or will constitute, a violation of this act, or any
standard adopted in accordance with this act, the Commissioner shall
make application to any court of competent jurisdiction for an order
enjoining such acts and practices. Upon a showing by the
Commissioner that such person has engaged, or is about to engage, in
any such acts or practices, an injunction, restraining order, or
such other order as may be appropriate shall be granted by such
court without bond.
Added by Laws 2014, c. 370, § 1, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 11, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-749. Preservation of fetal tissue extracted.
A. Any physician who performs an abortion on a minor who is
less than fourteen (14) years of age at the time of the abortion
shall preserve, in accordance with rules promulgated by the Oklahoma
State Bureau of Investigation, fetal tissue extracted during such
abortion. The physician shall submit the tissue to the Oklahoma
State Bureau of Investigation.
B. The Oklahoma State Bureau of Investigation shall adopt rules
to implement the provisions of this section. Such rules shall
contain, at a minimum:
1. The amount and type of fetal tissue to be preserved and
submitted by a physician pursuant to the provisions of this section;
2. Procedures for the proper preservation of such tissue for
the purposes of DNA testing and examination;
3. Procedures for documenting the chain of custody of such
tissue for use as evidence;
4. Procedures for the proper disposal of fetal tissue preserved
pursuant to this section;
5. A uniform reporting form mandated to be utilized by
physicians when submitting fetal tissue under this section, which
shall include the name and address of the physician submitting the
fetal tissue and the name and complete address of residence of the
parent or legal guardian of the minor upon whom the abortion was
performed; and
6. Procedures for communication with law enforcement regarding
evidence and information obtained pursuant to this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 433
C. Failure of a physician to comply with any requirement of
this section or any rule adopted thereunder:
1. Shall constitute unprofessional conduct pursuant to the
provisions of Section 509 of Title 59 of the Oklahoma Statutes; and
2. Is a Class D2 felony offense.
Added by Laws 2015, c. 386, § 2, eff. Nov. 1, 2015. Amended by Laws
2025, c. 486, § 607, eff. Jan. 1, 2026.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 14, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-749.1. Inspections of abortion facilities.
A. The State Board of Health shall establish policies and
procedures for conducting pre-licensure and re-licensure inspections
of abortion facilities. Prior to issuing or reissuing a license,
the Department shall conduct an on-site inspection to ensure
compliance with the rules promulgated by the Board.
B. The Board shall promulgate rules for conducting inspections
and investigations pursuant to complaints received by the State
Department of Health and made against any abortion facility. The
Department shall receive, record, and dispose of complaints in
accordance with established policies and procedures.
C. If the State Commissioner of Health determines that there is
reasonable cause to believe a licensee, licensed abortion facility
or abortion facility that is required to be licensed in this state
is not adhering to the requirements of Section 1-729a et seq. of
Title 63 of the Oklahoma Statutes, local fire ordinances or rules or
any other law, administrative rule or regulation relating to
abortion, the Commissioner and any duly designated employee or agent
of the Commissioner including employees of county or city-county
health departments and county or municipal fire inspectors,
consistent with standard medical practices, may enter on and into
the premises of the licensee, licensed abortion facility or abortion
facility that is required to be licensed in this state during
regular business hours of the licensee or abortion facility to
determine compliance with the provisions of Section 1-729a et seq.
of Title 63 of the Oklahoma Statutes, local fire ordinances or
rules, and any other law, administrative rule or regulation relating
to abortion.
D. An application for a license to operate a private office,
freestanding outpatient clinic or other facility or clinic in which
abortions are performed constitutes permission for, and complete
acquiescence in, an entry or inspection of the premises during the
pendency of the application and, if licensed, during the term of the
license.
E. If an inspection or investigation conducted pursuant to this
section reveals that an applicant, licensee or licensed abortion
Oklahoma Statutes - Title 63. Public Health and Safety Page 434
facility is not adhering to the requirements of this section, the
provisions of Title 1-729a et seq. of Title 63 of the Oklahoma
Statutes, local fire ordinances or rules and any other law,
administrative rule or regulation relating to abortion, the
Commissioner may take action to deny, suspend, revoke or refuse to
renew a license to operate an abortion facility.
Added by Laws 2015, c. 386, § 3, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 14, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-750. Criminal and civil penalties - Civil liability -
Severability.
A. A person who intentionally, knowingly or recklessly violates
any provision or requirement of this act, Section 1-729a et seq. of
Title 63 of the Oklahoma Statutes or any rule or regulation adopted
under Section 1-729a et seq. of Title 63 of the Oklahoma Statutes is
guilty of a felony.
B. No criminal penalty may be assessed against the pregnant
woman upon whom the abortion is performed for a violation of any
provision or requirement of this act, Section 1-729a et seq. of
Title 63 of the Oklahoma Statutes or any rule or regulation adopted
under Section 1-729a et seq. of Title 63 of the Oklahoma Statutes.
C. Any violation of this act, Section 1-729a et seq. of Title
63 of the Oklahoma Statutes or any rule or regulation adopted under
Section 1-729a et seq. of Title 63 of the Oklahoma Statutes may be
subject to a civil penalty or a fine up to One Hundred Thousand
Dollars ($100,000.00).
D. Each day of violation shall constitute a separate violation
for purposes of assessing civil penalties or fines.
E. In deciding whether and to what extent to impose fines, a
court shall consider the:
1. Gravity of the violation or violations including the
probability that death or serious physical harm to a patient or
individual will result or has resulted;
2. Size of the population at risk as a consequence of the
violation or violations;
3. Severity and scope of the actual or potential harm;
4. Extent to which the provisions of the applicable statutes or
regulations were violated;
5. Indications of good faith exercised by the licensee,
abortion facility or the person performing the abortion;
6. Duration, frequency, and relevance of any previous
violations committed by the licensee, abortion facility or person
performing the abortion; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 435
7. Financial benefit to the abortion facility or person
performing the abortion from committing or continuing the violation
or violations.
F. The Office of the Attorney General and a district attorney
for the county in which the violation or violations occurred may
institute a legal action to enforce collection of civil penalties or
fines.
G. Any person who violates this act, Section 1-729a et seq. of
Title 63 of the Oklahoma Statutes or any rule or regulation adopted
under Section 1-729a et seq. of Title 63 of the Oklahoma Statutes
shall be civilly liable to the person or persons adversely affected
by the violation or violations. A court may award damages to the
person or persons adversely affected by any violation of this act,
Section 1-729a et seq. of Title 63 of the Oklahoma Statutes or any
rule or regulation adopted under Section 1-729a et seq. of Title 63
of the Oklahoma Statutes including compensation for emotional,
physical, and psychological harm; attorney fees, litigation costs,
and punitive damages.
H. The provisions of this act are severable, and if any part or
provision shall be held void, the decision of the court so holding
shall not affect or impair any of the remaining parts or provisions
of this act.
I. If some or all of the newly amended provisions of this act
resulting from the actions taken by the 2015 Session of the Oklahoma
Legislature are ever temporarily or permanently restrained or
enjoined by judicial order, this act shall be enforced as though
such restrained or enjoined provisions had not been adopted;
provided, however, that whenever such temporary or permanent
restraining order or injunction is stayed or dissolved, or otherwise
ceases to have effect, such provisions shall have full force and
effect.
J. The Oklahoma State Bureau of Investigation and the State
Board of Health shall promulgate rules to implement the provisions
of this act.
Added by Laws 2015, c. 386, § 4, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 14, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-751. Short title - Humanity of the Unborn Child Act.
This act shall be known and may be cited as the "Humanity of the
Unborn Child Act".
Added by Laws 2016, c. 353, § 1, eff. Nov. 1, 2016.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 15, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 436
§63-1-752. Pregnancy assistance — Agencies and services available —
Promotion on social media platforms
A. Utilizing funds appropriated to the Health Department
specifically for the provisions of this act, the State Department of
Health shall develop, update annually and maintain an electronic
form containing information concerning public and private agencies
and services available to assist a woman through pregnancy, upon
childbirth and while the child is dependent, which shall include a
comprehensive list of the agencies available, including adoption
agencies, a description of the services they offer and a description
of the manner, including telephone numbers and email addresses, by
which they might be contacted. The Department shall index this form
geographically and shall make it readily accessible on the
Department's website. The website shall include the following
statement:
"There are many public and private agencies willing and able to
help you carry your child to term, have a healthy pregnancy and
a healthy baby and assist you and your child after your child
is born, whether you choose to keep your child or to place him
or her for adoption. The State of Oklahoma strongly urges you
to contact them if you are pregnant."
B. The statement required by subsection A of this section and a
unique URL linked to the section of the Department's Internet
website containing the information required by subsection A of this
section shall be made available in a downloadable format appropriate
for display.
C. The Department shall use its official, online social media
platforms to promote the unique URL specified in subsection B of
this section.
D. The State Board of Health shall promulgate rules to
implement the provisions of this section.
Added by Laws 2016, c. 353, § 2, eff. Nov. 1, 2016. Amended by Laws
2017, c. 123, § 2, eff. July 1, 2017.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 16, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-753. Development and distribution of educational and
informational materials – Community assistance.
Contingent on the availability of funds being appropriated by
the Legislature specifically for this purpose, the State Department
of Health shall:
1. Develop and make available materials designed to provide
accurate, scientifically verifiable information concerning the
probable anatomical and physiological characteristics of the unborn
child at two-week gestational intervals. The Department may utilize
as a resource the material dealing with characteristics of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 437
unborn child created pursuant to Section 1-738.3 of Title 63 of the
Oklahoma Statutes and as located on the website www.awomansright.org
under the link "Characteristics of the Unborn Child";
2. Develop and distribute educational and informational
materials to provide public information through public service
announcements, media and otherwise for the purpose of achieving an
abortion-free society. Such materials shall be developed from the
most readily available, accurate and up-to-date information and
shall clearly and consistently teach that abortion kills a living
human being. All efforts by the Department in this regard shall be
reported annually to the Chair and Vice Chair of the Senate Health
and Human Services Committee and the House Public Health Committee;
3. Provide technical assistance to help community-based
organizations in the planning and implementation of abortion
prevention, alternatives to abortion referral and education programs
regarding the humanity of the unborn child;
4. Provide outreach, consultation, training and alternatives to
abortion referral services to schools, organizations and members of
the community;
5. Distribute educational and informational material concerning
maternal behavior during pregnancy which is helpful to a human child
in utero, including avoidance of tobacco, alcohol and other drugs;
proper nutrition and prenatal vitamins; and utilization of and
resources available for prenatal medical and wellness care; and
6. Recommend to the State Department of Education
scientifically verifiable information concerning the unborn child in
the educational standards of science, family and consumer sciences
and health classes.
Added by Laws 2016, c. 353, § 3, eff. Nov. 1, 2016.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 15, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-754. Instructional program for students.
Contingent on the availability of funds being appropriated by
the Legislature specifically for this purpose and pursuant to
Section 5 of this act, the State Department of Education, in
collaboration with the State Department of Health, shall establish
an instructional program for students consistent with the provisions
of the Humanity of the Unborn Child Act. Local school boards may
choose to implement the instructional program established by the
State Department of Health and the State Department of Education
consistent with the provisions of the Humanity of the Unborn Child
Act. For school districts choosing to implement the instructional
program, the content of instruction used by local schools to teach
the humanity of the unborn child shall be at the discretion of the
local school board; provided, the instructional program shall:
Oklahoma Statutes - Title 63. Public Health and Safety Page 438
1. Provide accurate, scientifically verifiable information
concerning the probable anatomical and physiological characteristics
of the unborn child at two-week gestational intervals. The State
Department of Education may utilize as a resource the material
dealing with characteristics of the unborn child created pursuant to
Section 1-738.3 of Title 63 of the Oklahoma Statutes and as located
on the website www.awomansright.org under the link "Characteristics
of the Unborn Child";
2. Include information on accessing prenatal health care;
provided, no program or state employee may refer any student to a
medical facility or any provider for the performance of an abortion;
3. Include no component of human sexuality education other than
those included in science education standards; and
4. Comply with the provisions of the Parents' Bill of Rights,
Section 2001 et seq. of Title 25 of the Oklahoma Statutes.
Added by Laws 2016, c. 353, § 4, eff. Nov. 1, 2016.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 15, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-755. Public Education on the Humanity of the Unborn Child
Fund.
There is hereby created in the State Treasury a revolving fund
for the State Board of Education to be designated as the "Public
Education on the Humanity of the Unborn Child Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies deposited to the credit of the fund by
law. All monies accruing to the credit of said fund shall be
budgeted and expended by the Board for the establishment of the
instruction programs established in Section 4 of this act.
Expenditures from said 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. 353, § 5, eff. Nov. 1, 2016.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 15, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-756. Medication abortions – Signage required for mifepristone
use – Required information for patients – Violations - Penalties.
A. As used in this section:
1. "Abortion" means the use or prescription of any instrument,
medicine, drug or any other substance or device:
(a) to intentionally kill the unborn child of a woman
known to be pregnant; or
Oklahoma Statutes - Title 63. Public Health and Safety Page 439
(b) to intentionally terminate the pregnancy of a woman
known to be pregnant, with an intention other than to
remove a dead unborn child or, after viability, to
produce a live birth and preserve the life and health
of the child born alive;
2. "Medical emergency" means a condition which, in reasonable
medical judgment, so complicates the medical condition of the
pregnant woman as to necessitate the immediate abortion of her
pregnancy to avert her death or for which a delay will create
serious risk of substantial and irreversible physical impairment of
a major bodily function, not including psychological or emotional
conditions. No condition shall be deemed a medical emergency if
based on a claim or diagnosis that the woman will engage in conduct
which she intends to result in her death or in substantial and
irreversible physical impairment of a major bodily function; and
3. "Medication abortion" means the use or prescription of an
abortion-inducing drug or drugs dispensed with the intent to cause
the death of the unborn child.
B. 1. Any private office, freestanding outpatient clinic,
hospital or other facility or clinic in which medication abortions
that use mifepristone are provided shall conspicuously post a sign
in a location defined in paragraph 3 of this subsection so as to be
clearly visible to patients, which reads:
"NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS WHICH USE
MIFEPRISTONE: Mifepristone, also known as RU-486 or Mifeprex, alone
is not always effective in ending a pregnancy. It may be possible
to reverse its intended effect if the second pill or tablet has not
been taken or administered. If you change your mind and wish to try
to continue the pregnancy, you can get immediate help by calling the
Abortion Pill Reversal 24-hour Hotline at 877-558-0333 or going to
website https://www.abortionpillreversal.com/. Additional
information is available on the State Board of Medical Licensure and
Supervision's website, www.awomansright.org, which provides informed
consent materials under the Woman's Right-to-Know Act, including
information about the development of the unborn child and video of
ultrasound images of the unborn child at various stages of
development."
2. The sign required pursuant to paragraph 1 of this subsection
shall be printed with lettering that is legible and shall be at
least three-fourths (3/4) of an inch boldfaced type.
3. A facility in which medication abortions that use
mifepristone are provided that is a private office or a freestanding
outpatient clinic shall post the required sign in each patient
waiting room and patient consultation room used by patients to whom
such medication abortions are provided. A hospital or any other
facility in which medication abortions are performed that is not a
private office or freestanding outpatient clinic shall post the
Oklahoma Statutes - Title 63. Public Health and Safety Page 440
required sign in each patient admission area used by patients on
whom abortions are performed.
C. 1. Except in the case of a medical emergency, a medication
abortion that uses mifepristone shall not be provided or induced or
attempted to be provided or induced without informing the female, by
telephone or in person, by the physician who is to dispense or
provide the abortion drug or drugs, by a referring physician or by
an agent of either physician at least seventy-two (72) hours before
the abortion:
a. that it may be possible to reverse the intended
effects of a medication abortion that uses
mifepristone if the woman changes her mind but that
time is of the essence, and
b. of information on reversing the effects of a
medication abortion that uses mifepristone, which is
available on the website of the State Board of Medical
Licensure and Supevision, and included in such
information is the Abortion Pill Reversal 24-hour
Hotline number: 877-558-0333 and website address:
https://www.abortionpillreversal.com.
2. After the first drug, mifepristone, is dispensed or provided
to the patient, the physician or an agent of the physician shall
provide written instructions to the pregnant woman which shall
include the statement:
"NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS WHICH USE
MIFEPRISTONE: Mifepristone, also known as RU-486 or Mifeprex, alone
is not always effective in ending a pregnancy. It may be possible
to reverse its intended effect if the second pill or tablet has not
been taken or administered. If you change your mind and wish to try
to continue the pregnancy, you can get immediate help by calling the
Abortion Pill Reversal 24-hour Hotline at 877-558-0333 or going to
Abortion Pill Reversal website,
https://www.abortionpillreversal.com/. Additional information is
available on the State Board of Medical Licensure and Supervision's
website, www.awomansright.org, which provides informed consent
materials under the Woman's Right-to-Know Act, including information
about the development of the unborn child and video of ultrasound
images of the unborn child at various stages of development."
D. When a medical emergency compels the performance of an
abortion, the physician shall inform the female, prior to the
abortion if possible, of the medical indications supporting the
physician's judgment that an abortion is necessary to avert her
death or that a seventy-two-hour delay will create serious risk of
substantial and irreversible physical impairment of a major bodily
function, not including psychological or emotional conditions.
E. Within ninety (90) days after this act is enacted, the State
Board of Medical Licensure and Supervision shall cause to be
Oklahoma Statutes - Title 63. Public Health and Safety Page 441
published, in English and in each language which is the primary
language of two percent (2%) or more of the state's population, in
print and on the website required to be developed and maintained
under Section 1-738.11 of Title 63 of the Oklahoma Statutes,
comprehensible materials designed to inform the female of the
possibility of reversing the effects of a medication abortion that
uses mifepristone, also known as RU-486 or Mifeprex, and information
on resources that may be available to help her reverse its effects.
The website shall include the Abortion Pill Reversal 24-hour Hotline
number 877-558-0333 and the Abortion Pill Reversal website address
https://www.abortionpillreversal.com.
F. Any person who knowingly or recklessly provides or induces
or attempts to provide or induce an abortion in violation of this
section shall be guilty of a felony. No penalty may be assessed
against the female to whom the medication abortion is provided or
induced or attempted to be provided or induced. No penalty or civil
liability may be assessed for failure to comply with subsection C of
this section unless the State Board of Medical Licensure and
Supervision has made the information available on the website at the
time the physician or the physician's agent is required to inform
the female.
G. Any private office, freestanding outpatient clinic or other
facility or clinic that fails to post a sign required in subsection
B of this section in knowing, reckless or negligent violation of
this act shall be assessed a fine of Ten Thousand Dollars
($10,000.00) by the State Board of Medical Licensure and
Supervision. Each day on which a medication abortion that uses
mifepristone, other than a medication abortion that is necessary to
prevent the death of the pregnant female, is provided in any private
office, freestanding outpatient clinic or other facility or clinic
during which the required sign is not posted during a portion of
business hours when patients or perspective patients are present is
a separate violation.
H. 1. Any person upon whom an abortion has been performed
without this section having been complied with, the father of the
unborn child who was the subject of such an abortion, or, if the
female had not attained the age of eighteen (18) years at the time
of the medication abortion or has died as a result of the medication
abortion, the grandparent of such an unborn child may maintain an
action against the person who provided the medication abortion in
knowing or reckless violation of this section for actual and
punitive damages. Any person upon whom an abortion has been
attempted without this section having been complied with may
maintain an action against the person who attempted to provide the
abortion in knowing or reckless violation of this section for actual
and punitive damages. No damages may be awarded a plaintiff if the
pregnancy resulted from the plaintiff's criminal conduct.
Oklahoma Statutes - Title 63. Public Health and Safety Page 442
2. If judgment is rendered in favor of the plaintiff in any
action described in this subsection, the court shall also render
judgment for a reasonable attorney's fee in favor of the plaintiff
against the defendant. If judgment is rendered in favor of the
defendant and the court finds that the plaintiff's suit was
frivolous and brought in bad faith, the court shall also render
judgment for a reasonable attorney's fee in favor of the defendant
against the plaintiff.
I. In every civil or criminal proceeding or action brought
under this section, the court shall rule whether the anonymity of
any female to whom a medication abortion has been provided or
attempted shall be preserved from public disclosure if she does not
give her consent to such disclosure. The court, upon motion or sua
sponte, shall make such a ruling and, upon determining that her
anonymity should be preserved, shall issue orders to the parties,
witnesses and counsel and shall direct the sealing of the record and
exclusion of individuals from courtrooms or hearing rooms to the
extent necessary to safeguard her identity from public disclosure.
Each such order shall be accompanied by specific written findings
explaining why the anonymity of the female should be preserved from
public disclosure, why the order is essential to that end, how the
order is narrowly tailored to serve that interest and why no
reasonable less restrictive alternative exists. In the absence of
written consent of the female to whom an abortion drug or drugs has
been provided or attempted to be provided, anyone, other than a
public official, who brings an action under subsection D of this
section shall do so under a pseudonym. This section may not be
construed to conceal the identity of the plaintiff or of witnesses
from the defendant.
J. If any one or more provision, section, subsection, sentence,
clause, phrase or word of this act or the application thereof to any
person or circumstance is found to be unconstitutional, the same is
hereby declared to be severable and the balance of this act shall
remain effective notwithstanding such unconstitutionality. The
Legislature hereby declares that it would have passed this act, and
each provision, section, subsection, sentence, clause, phrase or
word thereof, irrespective of the fact that any one or more
provision, section, subsection, sentence, clause, phrase or word be
declared unconstitutional.
Added by Laws 2019, c. 174, § 1, eff. Nov. 1, 2019.
NOTE: The conditional repeal of this section by Laws 2021, c. 308,
§ 17, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.
§63-1-756.1. Short title - Oklahoma Abortion-Inducing Drug Risk
Protocol Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 443
This act shall be known and may be cited as the "Oklahoma
Abortion-Inducing Drug Risk Protocol Act".
Added by Laws 2021, c. 577, § 1, eff. Nov. 1, 2021.
§63-1-756.2. Definitions.
As used in this act:
1. "Abortion" means the use or prescription of any instrument,
medicine, drug or any other substance or device intentionally to
terminate the pregnancy of a female known to be pregnant with an
intention other than to increase the probability of a live birth, to
preserve the life or health of the child after live birth, to remove
an ectopic pregnancy or to remove a dead unborn child who died as
the result of a spontaneous miscarriage, accidental trauma or a
criminal assault on the pregnant female or her unborn child;
2. "Abortion-inducing drug" means a medicine, drug or any other
substance prescribed or dispensed with the intent of terminating the
pregnancy of a woman known to be pregnant, with knowledge that the
termination will with reasonable likelihood cause the death of the
unborn child. This includes the off-label use of drugs known to
have abortion-inducing properties, which are prescribed specifically
with the intent of causing an abortion, such as mifepristone
(Mifeprex), misoprostol (Cytotec) and methotrexate. This definition
does not apply to drugs that may be known to cause an abortion, but
which are prescribed for other medical indications, such as
chemotherapeutic agents and diagnostic drugs. The use of such drugs
to induce abortion is also known as "medical", "medication", "RU–
486", "chemical", "Mifeprex regimen" or "drug-induced" abortion;
3. "Adverse Event", according to the Food and Drug
Administration, means any untoward medical occurrence associated
with the use of a drug in humans, whether or not considered drug-
related. It does not include an adverse event or suspected adverse
reaction that, had it occurred in a more severe form, might have
caused death;
4. "Associated physician" means a person licensed to practice
medicine in the state including medical doctors and doctors of
osteopathy, that has entered into an associated physician agreement;
5. "Complication" means any adverse physical or psychological
condition arising from the performance of an abortion which
includes, but is not limited to, uterine perforation, cervical
perforation, infection, heavy or uncontrolled bleeding, hemorrhage,
blood clots resulting in pulmonary embolism or deep vein thrombosis,
failure to actually terminate the pregnancy, incomplete abortion
(retained tissue), pelvic inflammatory disease, endometritis, missed
ectopic pregnancy, cardiac arrest, respiratory arrest, renal
failure, metabolic disorder, shock, embolism, coma, placenta previa
in subsequent pregnancies, preterm delivery in subsequent
pregnancies, free fluid in the abdomen, hemolytic reaction due to
Oklahoma Statutes - Title 63. Public Health and Safety Page 444
the administration of ABO-incompatible blood or blood products,
adverse reactions to anesthesia and other drugs, subsequent
development of breast cancer, psychological complications such as
depression, suicidal ideation, anxiety, sleeping disorders, death
and any other adverse event as defined by the Food and Drug
Administration criteria provided in the Medwatch Reporting System;
6. "Gestational age" means the time that has elapsed since the
first day of the woman's last menstrual period, also known as "last
menstrual period" or "LMP";
7. "Hospital" means an institution providing medical and
surgical treatment and nursing care for sick or injured people, or
institutions defined under Section 1-701 of Title 63 of the Oklahoma
Statutes;
8. "Physician" means any person licensed to practice medicine
in this state. The term includes medical doctors and doctors of
osteopathy;
9. "Pregnant" or "pregnancy" means that female reproductive
condition of having an unborn child in the mother's uterus;
10. "Provide" or "provision" means, when used regarding
abortion-inducing drugs, any act of giving, selling, dispensing,
administering, transferring possession to or otherwise providing or
prescribing an abortion-inducing drug;
11. "Qualified physician" means a physician licensed in this
state who has the ability to:
a. identify and document a viable intrauterine pregnancy,
b. assess the gestational age of pregnancy and to inform
the patient of gestational age-specific risks,
c. diagnose ectopic pregnancy,
d. determine blood type and administer RhoGAM if a woman
is Rh negative,
e. assess for signs of domestic abuse, reproductive
control, human trafficking and other signals of
coerced abortion,
f. provide surgical intervention or has entered into a
contract with another qualified physician to provide
surgical intervention, and
g. supervise and bear legal responsibility for any agent,
employee or contractor who is participating in any
part of procedure including, but not limited to, pre-
procedure evaluation and care;
12. "Reasonable medical judgment" means a medical judgment that
would be made by a reasonably prudent physician knowledgeable about
the case and the treatment possibilities with respect to the medical
conditions involved; and
13. "Unborn child" means an individual organism of the species
homo sapiens, beginning at fertilization, until the point of being
born-alive as defined in Title 1 U.S.C., Section 8(b).
Oklahoma Statutes - Title 63. Public Health and Safety Page 445
Added by Laws 2021, c. 577, § 2, eff. Nov. 1, 2021.
§63-1-756.3. Methods of providing drugs.
Abortion-inducing drugs shall only be provided by a qualified
physician following procedures laid out in this act. It shall be
unlawful for any manufacturer, supplier, physician, qualified
physician or any other person to provide any abortion-inducing drug
via courier, delivery or mail service.
Added by Laws 2021, c. 577, § 3, eff. Nov. 1, 2021.
§63-1-756.4. Required steps to be performed by qualified physician.
A. The qualified physician providing an abortion-inducing drug
shall examine the woman in person, and prior to providing an
abortion-inducing drug, shall:
1. Independently verify that a pregnancy exists;
2. Determine the woman's blood type, and if she is Rh negative,
be able to and offer to administer RhoGAM at the time of the
abortion;
3. Inform the patient that she may see the remains of her
unborn child in the process of completing the abortion; and
4. Document, in the woman's medical chart, the gestational age
and intrauterine location of the pregnancy, and whether she received
treatment for Rh negativity, as diagnosed by the most accurate
standard of medical care.
B. A qualified physician providing an abortion-inducing drug
shall be credentialed and competent to handle complication
management including emergency transfer, or shall have a signed
contract with an associated physician who is credentialed to handle
complications and be able to produce that signed contract on demand
by the pregnant woman, by the State Board of Medical Licensure and
Supervision or by the State Department of Health. Every pregnant
woman to whom a qualified physician provides any abortion-inducing
drug shall be given the name and phone number of the associated
physician.
C. The qualified physician providing any abortion-inducing drug
or an agent of the qualified physician shall schedule a follow-up
visit for the woman at approximately seven (7) to fourteen (14) days
after administration of the abortion-inducing drug to confirm that
the pregnancy is completely terminated and to assess the degree of
bleeding. The qualified physician shall make all reasonable efforts
to ensure that the woman returns for the scheduled appointment. A
brief description of the efforts made to comply with this subsection
including the date, time and identification by name of the person
making such efforts, shall be included in the woman's medical
record.
Added by Laws 2021, c. 577, § 4, eff. Nov. 1, 2021.
Oklahoma Statutes - Title 63. Public Health and Safety Page 446
§63-1-756.5. Drugs not to be provided in any school facility or
state grounds.
Notwithstanding any other provision of this act or the laws of
this state, abortion-inducing drugs shall not be provided in any
school facility or on state grounds including, but not limited to,
elementary, secondary and institutions of higher education in this
state.
Added by Laws 2021, c. 577, § 5, eff. Nov. 1, 2021.
§63-1-756.6. Informed consent required.
A. No abortion-inducing drug shall be provided without the
informed consent of the pregnant woman as described in this section
to whom the abortion-inducing drug is provided.
B. Informed consent to a chemical abortion shall be obtained at
least seventy-two (72) hours before the abortion-inducing drug is
provided to the pregnant woman, except if in reasonable medical
judgment, compliance with this subsection would pose a greater risk
of:
1. The death of the pregnant woman; or
2. The substantial and irreversible physical impairment of a
major bodily function not including psychological or emotional
conditions, of the pregnant woman.
C. A form created by the State Department of Health shall be
used by a qualified physician to obtain the consent required prior
to providing an abortion-inducing drug.
D. A consent form is not valid and consent is not sufficient,
unless:
1. The patient initials each entry, list, description or
declaration required to be on the consent form as detailed in
paragraphs 1 through 6 of subsection E of this section;
2. The patient signs the "consent statement" described in
paragraph 11 of subsection E of this section; and
3. The qualified physician signs the "qualified physician
declaration" described in paragraph 12 of subsection E of this
section.
E. The consent form shall include, but is not limited to, the
following:
1. The probable gestational age of the unborn child as
determined by both patient history and by ultrasound results used to
confirm gestational age;
2. A detailed description of the steps to complete the chemical
abortion;
3. A detailed list of the risks related to the specific
abortion-inducing drug or drugs to be used including, but not
limited to, hemorrhaging, failure to remove all tissue of the unborn
child which may require an additional procedure, sepsis, sterility
and possible continuation of pregnancy;
Oklahoma Statutes - Title 63. Public Health and Safety Page 447
4. Information about Rh incompatibility including that if she
has an Rh-negative blood type, she should receive an injection of Rh
immunoglobulin at the time of the abortion to prevent Rh
incompatibility in future pregnancies;
5. That the risks of complications from a chemical abortion
including incomplete abortion, increase with advancing gestational
age;
6. That it may be possible to reverse the effects of the
chemical abortion should she change her mind, but that time is of
the essence;
7. That she may see the remains of her unborn child in the
process of completing the abortion;
8. That initial studies suggest that children born after
reversing the effects of Mifeprex/mifepristone have no greater risk
of birth defects than the general population;
9. That initial studies suggest there is no increased risk of
maternal mortality after reversing the effects of
Mifeprex/mifepristone;
10. That information on and assistance with reversing the
effects of abortion-inducing drugs are available in the state-
prepared materials;
11. An "acknowledgment of risks and consent statement" which
shall be signed by the patient. The statement shall include, but is
not limited to, the following declarations, which shall be
individually initialed by the patient:
a. that the patient understands that the abortion-
inducing drug regimen or procedure is intended to end
her pregnancy and will result in the death of her
unborn child,
b. that the patient is not being forced to have an
abortion, that she has the choice not to have the
abortion and that she may withdraw her consent to the
abortion-inducing drug regimen even after she has
begun the abortion-inducing drug regimen,
c. that the patient understands that the chemical
abortion regimen or procedure to be used has specific
risks and may result in specific complications,
d. that the patient has been given the opportunity to ask
questions about her pregnancy, the development of her
unborn child, alternatives to abortion, the abortion-
inducing drug or drugs to be used and the risks and
complications inherent to the abortion-inducing drug
or drugs to be used,
e. that she was specifically told that "Information on
the potential ability of qualified medical
professionals to reverse the effects of an abortion
obtained through the use of abortion-inducing drugs is
Oklahoma Statutes - Title 63. Public Health and Safety Page 448
available at www.abortionpillreversal.com, or you can
contact (877) 558-0333 for assistance in locating a
medical professional that can aide in the reversal of
an abortion.",
f. that she has been provided access to state-prepared,
printed materials on informed consent for abortion and
the state-prepared and maintained website on informed
consent for abortion,
g. if applicable, that she has been given the name and
phone number of the associated physician who has
agreed to provide medical care and treatment in the
event of complications associated with the abortion-
inducing drug regimen or procedure,
h. that the qualified physician will schedule an in-
person follow-up visit for the patient at
approximately seven (7) to fourteen (14) days after
providing the abortion-inducing drug or drugs to
confirm that the pregnancy is completely terminated
and to assess the degree of bleeding and other
complications, and
i. that the patient has received or been given sufficient
information to give her informed consent to the
abortion-inducing drug regimen or procedure, and
j. that the patient has a private right of action to sue
the qualified physician under the laws of this state
if she feels that she has been coerced or misled prior
to obtaining an abortion, and how to access state
resources regarding her legal right to obtain relief;
and
12. A "qualified physician declaration", which shall be signed
by the qualified physician, stating that the qualified physician has
explained the abortion-inducing drug or drugs to be used, has
provided all of the information required in subsection E of this
section, and has answered all of the woman's questions.
Added by Laws 2021, c. 577, § 6, eff. Nov. 1, 2021.
§63-1-756.7. Statement on information regarding reversing an
abortion – Printed and website materials.
A. The State Board of Medical Licensure and Supervision shall
cause to be published in the state-prepared, printed materials on
informed consent for abortion and the state-prepared and maintained
website on informed consent for abortion the following statement:
"Information on the potential ability of qualified medical
professionals to reverse the effects of an abortion obtained through
the use of abortion-inducing drugs is available at
www.abortionpillreversal.com, or you can contact (877) 558-0333 for
Oklahoma Statutes - Title 63. Public Health and Safety Page 449
assistance in locating a medical professional that can aid in the
reversal of an abortion."
B. On an annual basis, the State Board of Medical Licensure and
Supervision shall review and update, if necessary, the statement
required in subsection A of this Section.
C. As part of the informed consent counseling required in
Section 5 of this act, the qualified physician shall inform the
pregnant woman about abortion pill reversal and provide her with the
state-prepared materials and website link as proscribed by Section 6
of this act.
Added by Laws 2021, c. 577, § 7, eff. Nov. 1, 2021.
§63-1-756.8. Reports to be submitted on each drug-induced abortion
– Annual statistical report upon data gathered.
A. For the purpose of promoting maternal health and adding to
the sum of medical and public health knowledge through the
compilation of relevant data, a report of each drug-induced abortion
performed shall be made to the State Department of Health on forms
prescribed by it. The reports shall be completed by the hospital or
other licensed facility in which the abortion-inducing drug was
given, sold, dispensed, administered or otherwise provided or
prescribed; signed by the qualified physician who gave, sold,
dispensed, administered or otherwise provided or prescribed the
abortion-inducing drug; and transmitted to the Department within
fifteen (15) days after each reporting month.
B. Each report shall include, at minimum, the following
information:
1. Identification of the qualified physician who provided the
abortion-inducing drug;
2. Whether the chemical abortion was completed at the hospital
or licensed facility in which the abortion-inducing drug was
provided or at an alternative location;
3. The referring physician, agency or service, if any;
4. The pregnant woman's age and race;
5. The number of previous pregnancies, number of live births
and number of previous abortions of the pregnant woman;
6. The probable gestational age of the unborn child as
determined by both patient history and by ultrasound results used to
confirm the gestational age. The report shall include the date of
the ultrasound and gestational age determined on that date;
7. The abortion-inducing drug or drugs used, the date each was
provided to the pregnant woman and the reason for the abortion, if
known;
8. Preexisting medical conditions of the pregnant woman which
would complicate her pregnancy, if any;
9. Whether the woman returned for a follow-up examination to
determine completion of the abortion procedure and to assess
Oklahoma Statutes - Title 63. Public Health and Safety Page 450
bleeding and the date and results of any such follow-up examination,
and what reasonable efforts were made by the qualified physician to
encourage that she return for a follow-up examination if she did
not;
10. Whether the woman suffered any complications, and what
specific complications arose and any follow-up treatment needed; and
11. The amount billed to cover the treatment for specific
complications including whether the treatment was billed to
Medicaid, private insurance, private pay or other method. This
shall include charges for any physician, hospital, emergency room,
prescription or other drugs, laboratory tests and any other costs
for treatment rendered.
C. Reports required under this subsection shall not contain:
1. The name of the pregnant woman;
2. Common identifiers such as her social security number or
driver license number; or
3. Other information or identifiers that would make it possible
to identify, in any manner or under any circumstances, a woman who
has obtained or seeks to obtain a chemical abortion.
D. If a qualified physician provides an abortion-inducing drug
to a pregnant woman for the purpose of inducing an abortion as
authorized in Sections 2 and 3 of this act, and if the qualified
physician knows that the woman who uses the abortion-inducing drug
for the purpose of inducing an abortion experiences, during or after
the use of the abortion-inducing drug, an adverse event, the
qualified physician shall provide a written report of the adverse
event within three (3) days of the event to the Food and Drug
Administration via the Medwatch Reporting System, and to the
Department and to the State Board of Medical Licensure and
Supervision.
E. Any physician, qualified physician, associated physician or
other healthcare provider who treats a woman, either
contemporaneously to or at any time after the procedure, for an
adverse event or complication related to a chemical abortion shall
make a report of the adverse event to the Department on forms
prescribed by it. The reports shall be completed by the hospital or
other facility in which the adverse event treatment was provided;
signed by the physician, qualified physician or other healthcare
provider who treated the adverse event; and transmitted to the
Department within (15) days after each reporting month.
F. The Department shall prepare a comprehensive annual
statistical report for the Legislature based upon the data gathered
from reports under this section. The aggregated data shall also be
made available to the public by the Department in a downloadable
format.
Oklahoma Statutes - Title 63. Public Health and Safety Page 451
G. The Department shall summarize aggregate data from the
reports required under this act and submit the data to the Centers
for Disease Control and Prevention.
H. Reports filed pursuant to this section shall be public
records and shall be available to the public in accordance with the
confidentiality and public records reporting laws of this state.
Copies of all reports filed under this subsection shall be available
to the State Board of Medical Licensure and Supervision, State Board
of Pharmacy, state law enforcement offices and child protective
services for use in the performance of their official duties.
I. Absent a valid court order or judicial subpoena, neither the
Department, any other state department, agency or office nor any
employees thereof shall compare data concerning abortions or
abortion complications maintained in an electronic or other
information system file with data in any other electronic or other
information system with the intention of identifying, in any manner
or under any circumstances, a woman obtaining or seeking to obtain a
drug-induced abortion.
J. Statistical information that may reveal the identity of a
woman obtaining or seeking to obtain a drug-induced abortion shall
not be publicly disclosed by the Department, any other state
department, agency, office or any employee or contractor thereof.
K. Copies of all reports filed under this section shall be
available to the Department and the State Board of Medical Licensure
and Supervision for use in the performance of its official duties.
L. The Department shall communicate the reporting requirements
in this section to all medical professional organizations, licensed
physicians, hospitals, emergency rooms, abortion facilities,
clinics, ambulatory surgical facilities and other healthcare
facilities operating in this state.
M. Any physician including emergency medical personnel, who
treats a woman for complications or adverse event arising from an
abortion, shall file a written report as required by this section of
this act with the Department.
N. A physician filing a written report with the Department
after treating a woman for complications or otherwise in an
emergency capacity shall make reasonable efforts to include all of
the required information that may be obtained without violating the
privacy of the woman.
Added by Laws 2021, c. 577, § 8, eff. Nov. 1, 2021.
§63-1-756.9. Creation and distribution of forms.
The State Department of Health shall create and distribute the
forms required by this act within sixty (60) days after the
effective date of this act. No provision of this act requiring the
reporting of information on forms published by the Department shall
be applicable until ten (10) days after the requisite forms are
Oklahoma Statutes - Title 63. Public Health and Safety Page 452
first created and distributed or until the effective date of this
act, whichever is later.
Added by Laws 2021, c. 577, § 9, eff. Nov. 1, 2021.
§63-1-756.10. Violations – Criminal penalties.
A. A person who intentionally, knowingly or recklessly violates
any provision of this act is guilty of a misdemeanor.
B. A person who intentionally, knowingly or recklessly violates
any provision of this act by fraudulent use of an abortion-inducing
drug, with or without the knowledge of the pregnant woman, is guilty
of a felony.
C. No criminal penalty may be assessed against the pregnant
woman upon whom the drug-induced abortion is attempted, induced or
performed.
Added by Laws 2021, c. 577, § 10, eff. Nov. 1, 2021.
§63-1-756.11. Violations – Civil penalties.
A. In addition to whatever remedies are available under the
common or statutory law of this state, failure to comply with the
requirements of this act shall:
1. Provide a basis for a civil malpractice action for actual
and punitive damages;
2. Provide a basis for a professional disciplinary action;
3. Provide a basis for recovery for the woman's survivors for
the wrongful death of the woman; and
4. Provide a basis for a cause of action for injunctive relief
against a person who has provided an abortion-inducing drug in
violation of this act. Such an action may be maintained by:
a. a woman to whom such an abortion-inducing drug was
provided,
b. a person who is the spouse, parent or guardian of, or
a current or former licensed health care provider of,
a woman to whom an abortion-producing drug was
provided, or
c. a prosecuting attorney with appropriate jurisdiction.
The injunction shall prevent the defendant from providing
further abortion-inducing drugs in violation of this act.
B. No civil liability may be assessed against the pregnant
woman upon whom the drug-induced abortion is attempted, induced or
performed.
C. When requested, the court shall allow a woman to proceed
using solely her initials or a pseudonym and may close any
proceedings in the case and enter other protective orders to
preserve the privacy of the woman upon whom the drug-induced
abortion was attempted, induced or performed.
Oklahoma Statutes - Title 63. Public Health and Safety Page 453
D. If judgment is rendered in favor of the plaintiff, the court
shall also render judgment for reasonable attorney fees in favor of
the plaintiff against the defendant.
E. If judgment is rendered in favor of the defendant and the
court finds that the plaintiff's suit was frivolous and brought in
bad faith, the court may render judgment for reasonable attorney
fees in favor of the defendant against the plaintiff.
Added by Laws 2021, c. 577, § 11, eff. Nov. 1, 2021.
§63-1-756.12. Construction and application of act.
A. Nothing in this act shall be construed as creating or
recognizing a right to abortion.
B. It is not the intention of this act to make lawful an
abortion that is otherwise unlawful.
C. Nothing in this act repeals, replaces or otherwise
invalidates existing federal or state laws, regulations or policies.
Added by Laws 2021, c. 577, § 12, eff. Nov. 1, 2021.
§63-1-756.13. Joint resolution for legislators to intervene in
cases challenging constitutionality.
The Legislature, by joint resolution, may appoint one or more of
its members, who sponsored or cosponsored this act in his or her
official capacity, to intervene as a matter of right in any case in
which the constitutionality of this act is challenged.
Added by Laws 2021, c. 577, § 13, eff. Nov. 1, 2021.
§63-1-756.14. Severability.
If any one or more provisions, sections, subsections, sentences,
clauses, phrases or words of this act or the application thereof to
any person or circumstance is found to be unconstitutional, the same
is hereby declared to be severable and the balance of this act shall
remain effective notwithstanding such unconstitutionality. The
Legislature hereby declares that it would have passed this act, and
each provision, section, subsection, sentence, clause, phrase or
word thereof, irrespective of the fact that any one or more
provisions, sections, subsections, sentences, clauses, phrases or
words be declared unconstitutional.
Added by Laws 2021, c. 577, § 14, eff. Nov. 1, 2021.
§63-1-757.1. Short title - Oklahoma Abortion-Inducing Drug
Certification Program Act.
Sections 1 through 16 of this act shall be known and may be
cited as the "Oklahoma Abortion-Inducing Drug Certification Program
Act".
Added by Laws 2021, c. 578, § 1, eff. Nov. 1, 2021.
§63-1-757.2. Definitions.
Oklahoma Statutes - Title 63. Public Health and Safety Page 454
As used in this act:
1. "Abortion" means the act of using or prescribing any
instrument, medicine, drug or any other substance, device or means
with the intent to terminate the pregnancy of a woman known to be
pregnant, with knowledge that the termination by those means will
with reasonable likelihood cause the death of the unborn child.
Such use, prescription or means is not an abortion if done with the
intent to:
a. save the life or preserve the health of the unborn
child,
b. remove a dead unborn child caused by spontaneous
abortion, accidental trauma or a criminal assault on
the pregnant woman or her unborn child,
c. remove an ectopic pregnancy, or
d. treat a maternal disease or illness for which the
prescribed drug is indicated;
2. "Abortion-inducing drug" means a medicine, drug or any other
substance prescribed or dispensed with the intent of terminating the
pregnancy of a woman known to be pregnant, with knowledge that the
termination will with reasonable likelihood cause the death of the
unborn child. This includes the off-label use of drugs known to
have abortion-inducing properties, which are prescribed specifically
with the intent of causing an abortion, such as mifepristone
(Mifeprex), misoprostol (Cytotec) and methotrexate. This definition
does not apply to drugs that may be known to cause an abortion, but
which are prescribed for other medical indications, such as
chemotherapeutic agents and diagnostic drugs. The use of such drugs
to induce abortion is also known as "medical", "medication", "RU–
486", "chemical", "Mifeprex regimen" or "drug-induced" abortion;
3. "Adverse event", according to the Food and Drug
Administration, means any untoward medical occurrence associated
with the use of a drug in humans, whether or not considered drug-
related. It does not include an adverse event or suspected adverse
reaction that, had it occurred in a more severe form, might have
caused death;
4. "Associated physician" means a person fully licensed and in
good standing to practice medicine in the state including medical
doctors and doctors of osteopathy, who has entered into an
associated physician agreement;
5. "Complication" means any adverse physical or psychological
condition arising from the performance of an abortion which
includes, but is not limited to, uterine perforation, cervical
perforation, infection, heavy or uncontrolled bleeding, hemorrhage,
blood clots resulting in pulmonary embolism or deep vein thrombosis,
failure to actually terminate the pregnancy, incomplete abortion
(retained tissue), pelvic inflammatory disease, endometritis, missed
ectopic pregnancy, cardiac arrest, respiratory arrest, renal
Oklahoma Statutes - Title 63. Public Health and Safety Page 455
failure, metabolic disorder, shock, embolism, coma, placenta previa
in subsequent pregnancies, preterm delivery in subsequent
pregnancies, free fluid in the abdomen, hemolytic reaction due to
the administration of ABO-incompatible blood or blood products,
adverse reactions to anesthesia and other drugs, subsequent
development of breast cancer, psychological complications such as
depression, suicidal ideation, anxiety, sleeping disorders, death
and any other adverse event as defined by the Food and Drug
Administration criteria provided in the Medwatch Reporting System;
6. "Gestational age" means the time that has elapsed since the
first day of the woman's last menstrual period, also known as "last
menstrual period" or "LMP";
7. "Hospital" means an institution providing medical and
surgical treatment and nursing care for sick or injured people, or
institutions defined under Section 1-701 of Title 63 of the Oklahoma
Statutes;
8. "Manufacturers and distributors" means individuals or
entities that create, produce, supply, transport or sell drugs,
which include:
a. any substances recognized by an official pharmacopoeia
or formulary,
b. any substances intended for use in the diagnosis,
cure, mitigation, treatment or prevention of disease,
c. any substances other than food intended to affect the
structure or any function of the body, or
d. any substances intended for use as a component of a
medicine but not a device or a component, part or
accessory of a device;
9. "Obstetrician/gynecologist", also known as OB/GYN, means a
licensed physician who specializes in the care of women during
pregnancy and childbirth and in the diagnosis and treatment of
diseases of the female reproductive organs and specializes in other
women's health issues such as menopause, hormone problems,
contraception or birth control, and infertility;
10. "Physician" means any person fully licensed by and in good
standing with the State Board of Medical Licensure and Supervision
or the State Board of Osteopathic Examiners to practice medicine in
this state. The term includes medical doctors and doctors of
osteopathy;
11. "Pregnant" or "pregnancy" means that female reproductive
condition of having an unborn child in the mother's uterus;
12. "Provide" or "provision" means, when used regarding
abortion-inducing drugs, any act of giving, selling, dispensing,
administering, transferring possession to or otherwise providing or
prescribing an abortion-inducing drug; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 456
13. "Unborn child" means an individual organism of the species
Homo sapiens, beginning at fertilization, until the point of being
born-alive as defined in Title 1 U.S.C., Section 8(b).
Added by Laws 2021, c. 578, § 2, eff. Nov. 1, 2021.
§63-1-757.3. Application of act.
This act applies to any physician, health care provider or other
person who is providing abortion-inducing drugs for use within this
state, or any manufacturer or distributor providing abortion-
inducing drugs within this state.
Added by Laws 2021, c. 578, § 3, eff. Nov. 1, 2021.
§63-1-757.4. Oklahoma Abortion-Inducing Drug Certification Program.
A. The State Board of Pharmacy, the State Board of Medical
Licensure and Supervision and the State Board of Osteopathic
Examiners shall create a certification program for abortion-inducing
drugs. The program shall be known as the Oklahoma Abortion-Inducing
Drug Certification Program.
B. The State Board of Medical Licensure and Supervision, the
State Board of Osteopathic Examiners and the State Board of Pharmacy
may assess reasonable fees on their respective licensees and enter
into contracts with persons or entities to implement the Oklahoma
Abortion-Inducing Drug Certification Program.
C. Abortion-inducing drugs shall not be provided directly to
the patient through the mail, telemedicine or otherwise outside of
the parameters of the Oklahoma Abortion-Inducing Drug Certification
Program.
Added by Laws 2021, c. 578, § 4, eff. Nov. 1, 2021.
§63-1-757.5. Promulgation of rules – Requirements for manufacturers
and distributors – Requirements for physicians.
A. The State Board of Pharmacy shall promulgate rules to create
a certification program to oversee and regulate the manufacture and
distribution of abortion-inducing drugs by manufacturers and
distributors licensed by the State Board of Pharmacy.
B. The State Board of Pharmacy shall establish the following
requirements for manufacturers and distributors of abortion-inducing
drugs, at a minimum:
1. Require completion of the certification process for
manufacturers and distributors as described in Section 6 of this
act;
2. Require that abortion-inducing drugs be transported and
provided in this state only by manufacturers or distributors
certified to do so under this program;
3. Notify manufacturers and distributors of physicians
certified under the Oklahoma Abortion-Inducing Drug Certification
Program;
Oklahoma Statutes - Title 63. Public Health and Safety Page 457
4. Prohibit shipment of abortion-inducing drugs to physicians
who become de-certified from the Oklahoma Abortion-Inducing Drug
Certification Program;
5. Audit newly certified manufacturers and distributors within
ninety (90) calendar days after the manufacturer or distributor is
authorized, and annually thereafter, to ensure that all processes
and procedures are in place and functioning to support the
requirements of the Oklahoma Abortion-Inducing Drug Certification
Program;
6. If a manufacturer or distributor is found to be
noncompliant, immediately suspend manufacturer's or distributor's
certification until the manufacturer or distributor demonstrates
full compliance; and
7. Enforce compliance according to Section 12 of this act.
C. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall promulgate rules to
create a certification program to oversee and regulate the provision
of abortion-inducing drugs by physicians licensed by the respective
state licensing board. The drugs shall only be provided to patients
by fully licensed physicians certified to do so under this program
by their respective state licensing boards.
D. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall establish the following
requirements for physicians providing abortion-inducing drugs, at a
minimum:
1. Require completion of the certification process for
physicians as described in Section 7 of this act;
2. Audit newly certified physicians within ninety (90) calendar
days after the physician is authorized, and annually thereafter, to
ensure that all required processes and procedures are in place and
functioning to support the requirements of the Oklahoma Abortion-
Inducing Drug Certification Program;
3. If a physician is found to be noncompliant, immediately
suspend the physician's certification until such time that the
physician demonstrates full compliance;
4. Develop a reporting system as specified in Section 9 of this
act; and
5. Enforce compliance according to Section 12 of this act.
Added by Laws 2021, c. 578, § 5, eff. Nov. 1, 2021.
§63-1-757.6. Certification system for manufacturers and
distributors.
The State Board of Pharmacy shall adopt a certification system
for any manufacturer or distributor intending to provide abortion-
inducing drugs in the state. To be eligible to be certified under
this section, manufacturers and distributors shall:
1. Be licensed by the Board;
Oklahoma Statutes - Title 63. Public Health and Safety Page 458
2. Only distribute to physicians certified under this act;
3. Record each serial number from pharmaceutical packages
distributed to each certified physician;
4. Abide by all applicable standards of the Utilization Review
Accreditation Commission (URAC) or National Association of Boards of
Pharmacy (NABP);
5. For online sales or orders, hold a current ".pharmacy" or
".pharma" domain and abide by all the standards required by the NABP
to maintain the domain;
6. Follow all other applicable state or federal laws related to
the distribution or delivery of legend drugs including abortion-
inducing drugs; and
7. Follow all acceptable processes and procedures to maintain a
distribution or delivery system that is secure, confidential and
follows all processes and procedures including those for storage,
handling, shipping, tracking package serial numbers, proof of
delivery and controlled returns of abortion-inducing drugs.
Added by Laws 2021, c. 578, § 6, eff. Nov. 1, 2021.
§63-1-757.7. Certification system for physicians.
The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall adopt a certification
system for any physician intending to provide abortion-inducing
drugs to patients in the state. Individuals or physicians providing
abortion-inducing drugs in other states are not automatically
certified in this state, and shall be fully certified under this law
prior to providing any abortion-inducing drugs to any pregnant women
in this state. To be eligible to be certified under this section
physicians shall:
1. Be fully licensed by and in good standing with either the
State Board of Medical Licensure and Supervision or the State Board
of Osteopathic Examiners to practice medicine in the state;
2. Examine any patient in person prior to providing abortion-
inducing drugs;
3. Sign an annual "Dispensing Agreement Form", to be developed
and provided by the physician's state licensing board, before
providing abortion-inducing drugs;
4. Inform the patient of gestational age-specific risks of
using abortion-inducing drugs;
5. Assess for signs of domestic abuse, reproductive control,
human trafficking and other signals of coerced abortion, per current
state guidelines;
6. Adequately inform the patient of gestational age-specific
age risks of using abortion-inducing drugs;
7. Inform the patient that she may see the remains of her
unborn child in the process of completing the abortion;
Oklahoma Statutes - Title 63. Public Health and Safety Page 459
8. Inform the patient that studies show that babies born
following the abortion reversal process have a rate of birth defects
no higher than the general population;
9. Inform the patient that studies show that following this
reversal process or otherwise treating a woman with progesterone
during pregnancy does not lead to increased mortality rates;
10. Refrain from knowingly supplying abortion-inducing drugs to
patients who present with any of the following:
a. absence of a pregnancy,
b. being post-seventy days gestation or post-ten weeks of
pregnancy, and
c. having risk factors associated with abortion-inducing
drugs including, but not limited to:
(1) ectopic pregnancies,
(2) problems with the adrenal glands near the
kidneys,
(3) being treated with long-term corticosteroid
therapy,
(4) allergic reactions to abortion-inducing drugs,
mifepristone, misoprostol or similar drugs,
(5) bleeding problems or is taking anticoagulant drug
products,
(6) has inherited porphyria,
(7) has an intrauterine device in place, or
(8) being Rh Negative, requiring administration of
Rhogam before providing abortion-inducing drugs;
11. Provide or refer for emergency surgical intervention in
cases of incomplete abortion, severe bleeding or other medical
complications, through maintaining hospital admitting privileges or
entering into a written agreement with an associated physician as
specified in Section 8 of this act;
12. Assure patient access to medical facilities equipped to
provide blood transfusions and resuscitation or other necessary
treatments, if necessary;
13. Sign, and ensure that the patient signs, all legally
required informed consent material, providing patient with a copy
showing both signatures, and placing the original in the patient's
medical record;
14. Record the serial number from each package of each
abortion-inducing drug given to the patient in her medical record;
15. Submit a written protocol of how efforts will be made to
schedule with the patient the medically indicated follow-up
appointment within fourteen (14) days to assure a completed
abortion;
16. Report to the State Board of Pharmacy, the physician's
state licensing board and the Food and Drug Administration, any
Oklahoma Statutes - Title 63. Public Health and Safety Page 460
death associated with abortion-inducing drugs with the following
guidelines:
a. the patient shall be noted by a non-identifiable
reference and the serial number from each package of
abortion-inducing drug given, whether or not
considered drug-related,
b. this shall be done as soon as possible but no later
than fifteen (15) calendar days from the initial
receipt of the information by the physician, and
c. this requirement does not affect the physician's other
reporting and follow-up requirements under the
Oklahoma Abortion-Inducing Drug Certification Program
or any additional requirements by another department
that oversees the abortion industry in this state;
17. Submit a written protocol of how complications will be
handled by the certified physician and submit a copy of a signed
contract with an associated physician credentialed to handle certain
complications as outlined in Section 8 of this act;
18. Abide by all applicable state and federal laws regarding
medical records retention, confidentiality and privacy; and
19. Agree to follow and document compliance with all other
legally required conditions for performing abortion in the state
where the patient presents for her appointment including, but not
limited to, waiting periods, informed consent requirements,
statistical reporting, parental consent or notification and required
inspections.
Added by Laws 2021, c. 578, § 7, eff. Nov. 1, 2021.
§63-1-757.8. Certified physician requirements.
The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall also require the
following of certified physicians:
1. Maintaining hospital admitting privileges at one or more
hospitals in the county or contiguous county where the abortion-
inducing drug was provided, and informing the patient of any
hospital where the physician holds admitting privileges; or
2. Alternatively, the physician may enter into a written
agreement with an associated physician in the county or contiguous
county where the abortion-inducing drug was provided. The written
agreement shall meet these conditions:
a. a physician who provides an abortion-inducing drug
shall notify the patient of the location of the
hospital at which the associated physician has
admitting privileges,
b. the physician shall keep, at the location of his or
her practice, a copy of the written agreement,
Oklahoma Statutes - Title 63. Public Health and Safety Page 461
c. the physician shall submit a copy of the written
agreement to their state licensing board and the State
Department of Health as part of any required clinic
licensure,
d. the State Department of Health shall verify the
validity of the document, and shall remove any
personal identifying information of the patient from
the document before releasing the document in
accordance with the following:
(1) the State Department of Health shall annually
submit a copy of the written agreement described
in this paragraph to each hospital located in the
county or a county that is contiguous to the
county where the abortion was performed, and
(2) the State Department of Health shall confirm to a
member of the public, upon request, that the
written agreement required to be submitted under
this section for an abortion clinic has been
received by the Department,
e. the agreement shall be renewed annually, or more often
as required by the physician's state licensing board,
f. the agreement shall include a requirement that the
physician provide to the patient and require the
patient to sign all legally required informed consent
material, and
g. the agreement shall require the adherence to all
reporting requirements from the State Department of
Health and the physician's licensing board.
Added by Laws 2021, c. 578, § 8, eff. Nov. 1, 2021.
§63-1-757.9. Reporting system for certified physicians to report
annually.
A. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall adopt an electronically
based reporting system for certified physicians to report annually
the following:
1. The number of patients served;
2. Age of patients served;
3. Race of patients served;
4. County and state of residence of patients served;
5. If the patient resides outside the United States, city and
country of residence;
6. County and state of service;
7. A list of staff attending patients including licensing
numbers and evidence of other qualifications;
8. Each medication used or provided per patient, by date;
Oklahoma Statutes - Title 63. Public Health and Safety Page 462
9. Any known complications or adverse events, and how they were
addressed, by date; and
10. Unresolved cases.
B. This reporting system shall also be used by emergency
department physicians and private physicians who treat post-abortion
complications.
C. Physicians shall protect from disclosure any personally
identifiable information of the patient in accordance with
applicable federal and state law.
D. A certified physician shall also report to their licensing
board, the State Board of Pharmacy and the Medwatch Reporting System
of the Food and Drug Administration (FDA), any complication or
adverse event as defined according to the FDA criteria given in the
Medwatch Reporting System.
E. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall develop a system of
reporting adverse events from the use of abortion-inducing drugs for
this state. The system shall require reporting of complications and
adverse events including, but not limited to:
1. Death;
2. Blood loss including hemorrhage;
3. Infection including sepsis;
4. Blood transfusions;
5. Administer drug for an ectopic pregnancy; and
6. Other adverse effects requiring hospitalization or
additional medical care.
F. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall require the following
providers and entities to report complications and adverse events in
writing:
1. Physicians certified to provide abortion-inducing drugs;
2. Emergency room physicians;
3. Any doctor licensed in this state including an
obstetrician/gynecologist who treats women with adverse events;
4. Provision of certification requires that the physician shall
also report adverse events and any patient deaths to the FDA; and
5. Other individuals or entities as determined by the State
Board of Medical Licensure and Supervision or the State Board of
Osteopathic Examiners.
Added by Laws 2021, c. 578, § 9, eff. Nov. 1, 2021.
§63-1-757.10. Violations – Criminal penalties.
A. Individuals or entities not certified under the Oklahoma
Abortion-Inducing Drug Certification Program that provide drugs for
the purpose of inducing abortion are in violation of this act.
B. Individuals or entities that provide abortion-inducing drugs
to any person or entity that is not certified, or otherwise
Oklahoma Statutes - Title 63. Public Health and Safety Page 463
authorized, to provide abortion-inducing drugs under the Oklahoma
Abortion-Inducing Drug Certification Program are in violation of
this act.
C. A person who intentionally, knowingly or recklessly violates
any provision of this act is guilty of a misdemeanor.
D. A person who intentionally, knowingly or recklessly violates
any provision of this act by fraudulent use of an abortion-inducing
drug, with or without the knowledge of the pregnant woman, is guilty
of a Class D3 felony offense.
E. No civil or criminal penalty may be assessed against the
pregnant woman upon whom the drug-induced abortion is attempted,
induced or performed.
Added by Laws 2021, c. 578, § 10, eff. Nov. 1, 2021. Amended by
Laws 2025, c. 486, § 732, eff. Jan. 1, 2026.
§63-1-757.11. Violations – Civil penalties.
A. In addition to whatever remedies are available under the
common or statutory law of this state, failure to comply with the
requirements of this act shall:
1. Provide a basis for a civil malpractice action for actual
and punitive damages;
2. Provide a basis for a professional disciplinary action; and
3. Provide a basis for recovery for the woman's survivors for
the wrongful death of the woman.
B. When requested, the court shall allow a woman to proceed
using solely her initials or a pseudonym and may close any
proceedings in the case and enter other protective orders to
preserve the privacy of the woman upon whom the drug-induced
abortion was attempted, induced or performed.
C. If judgment is rendered in favor of the plaintiff, the court
shall also render judgment for reasonable attorney fees in favor of
the plaintiff against the defendant.
D. If judgment is rendered in favor of the defendant and the
court finds that the plaintiff's suit was frivolous and brought in
bad faith, the court may render judgment for reasonable attorney
fees in favor of the defendant against the plaintiff.
E. A cause of action for injunctive relief against a person who
has provided an abortion-inducing drug in violation of this act may
be maintained by:
1. A woman to whom such an abortion-inducing drug was provided;
2. A person who is the spouse, parent or guardian of, or a
current or former licensed health care provider of, a woman to whom
such an abortion-inducing drug was provided; or
3. A prosecuting attorney with appropriate jurisdiction.
The injunction shall prevent the defendant from providing
further abortion-inducing drugs in violation of this act.
Added by Laws 2021, c. 578, § 11, eff. Nov. 1, 2021.
Oklahoma Statutes - Title 63. Public Health and Safety Page 464
§63-1-757.12. Enforcement scheme.
A. The State Board of Pharmacy, the State Board of Medical
Licensure and Supervision and the State Board of Osteopathic
Examiners shall develop an enforcement scheme for their licensees to
enforce this act, which includes:
1. When an individual or entity provides abortion-inducing
drugs without first seeking certification under this act, the
appropriate licensing board shall:
a. immediately report the illegal act to local law
enforcement, or other applicable state and local
agencies for investigation or other appropriate
action, where appropriate, and
b. impose a fine of no less than Five Million Dollars
($5,000,000.00) for manufacturers or distributors and
Two Hundred Fifty Thousand Dollars ($250,000.00) for
physicians;
2. When a certified manufacturer, distributor or physician is
determined to be in noncompliance, suspend certification until
compliance is proven to the satisfaction of their licensing board;
3. Where a current or previously certified manufacturer or
distributer is found to have intentionally or knowingly violated
this act, or refuses to bring operations into compliance within
ninety (90) calendar days, remove certification and prohibit
continued provision of abortion-inducing drugs by the manufacturer
or distributor until compliance is demonstrated to the satisfaction
of their licensing board;
4. When a certified manufacturer, distributor or physician is
in noncompliance, suspend all annual recertification until
compliance is demonstrated to the satisfaction of their licensing
board; and
5. Where a current or previously certified manufacturer,
distributor or physician is found to have intentionally or knowingly
violated this act, or refuses to bring operations into compliance:
a. immediately suspend the manufacturer's, distributor's
or physician's certification until full compliance is
demonstrated,
b. for certified manufacturers or distributors, impose
fines of not less than One Million Dollars
($1,000,000.00) per offense, by the State Board of
Pharmacy,
c. for certified physicians, impose fines of not less
than One Hundred Thousand Dollars ($100,000.00) per
offense, by the physician's licensing board,
d. permanently revoke the certification of the offender
if offender fails to demonstrate compliance with their
licensing board within ninety (90) calendar days,
Oklahoma Statutes - Title 63. Public Health and Safety Page 465
e. impose remedial actions, which may include additional
education, additional reporting or other actions as
required by the relevant licensing board,
f. in the case of a manufacturer or distributor,
recommend sanctioning to the appropriate disciplinary
committee of the State Board of Pharmacy,
g. in the case of a physician, report the violation to
the appropriate physician licensing board,
h. publicly report any disciplinary actions, consistent
with the practices of the relevant licensing board,
i. permanently revoke the certification of the offender,
j. in the case of a licensed manufacturer or distributor,
recommend permanent revocation of licensure,
k. in the case of a physician, recommend appropriate
sanctioning to the appropriate physician licensing
board, and
l. publicly report any disciplinary actions consistent
with the practices of the relevant licensing board.
B. Individuals have a Private Right of Action to seek
restitution in any court of law with appropriate jurisdiction for
any and all damages suffered due to a violation of this act.
Added by Laws 2021, c. 578, § 12, eff. Nov. 1, 2021.
§63-1-757.13. Complaint portals.
A. The State Board of Pharmacy shall develop on its website a
complaint portal for patients, pharmacy, nursing and medical
professionals and the public to submit information about potential
violations by nonphysicians at no charge to the parties named in
this subsection.
B. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall develop on their
respective websites a complaint portal for patients, pharmacy,
nursing and medical professionals and the public to submit
information about potential violations by physicians at no charge to
the parties named in this subsection.
C. The portal developed by the State Board of Pharmacy shall
list the names of manufacturers and distributors that are certified
under the program.
D. The portals developed by the State Board of Medical
Licensure and Supervision and the State Board of Osteopathic
Examiners shall list the names of the fully licensed physicians
certified under the program.
E. The portal shall allow the party to make a complaint
anonymously.
F. The State Board of Pharmacy and physician licensing boards
shall review each complaint and determine a disposition including
Oklahoma Statutes - Title 63. Public Health and Safety Page 466
referral to another appropriate state agency, within thirty (30)
days of receipt of a complaint.
G. Confidentiality of the originator of the complaint shall be
protected at all times except for intra-state referrals for
investigation or if any disciplinary action is brought by a
licensing board pursuant to this act.
Added by Laws 2021, c. 578, § 13, eff. Nov. 1, 2021.
§63-1-757.14. Construction and application of act.
A. Nothing in this act shall be construed as creating or
recognizing a right to abortion.
B. It is not the intention of this act to make lawful an
abortion that is otherwise unlawful.
C. Nothing in this act repeals, replaces or otherwise
invalidates existing federal or state laws, regulations or policies.
Added by Laws 2021, c. 578, § 14, eff. Nov. 1, 2021.
§63-1-757.15. Joint resolution for legislators to intervene in
cases challenging constitutionality.
The Legislature, by joint resolution, may appoint one or more of
its members, who sponsored or cosponsored this act in his or her
official capacity, to intervene as a matter of right in any case in
which the constitutionality of this act is challenged.
Added by Laws 2021, c. 578, § 15, eff. Nov. 1, 2021.
§63-1-757.16. Severability.
If any one or more provisions, sections, subsections, sentences,
clauses, phrases or words of this act or the application thereof to
any person or circumstance is found to be unconstitutional, the same
is hereby declared to be severable and the balance of this act shall
remain effective notwithstanding such unconstitutionality. The
Legislature hereby declares that it would have passed this act, and
each provision, section, subsection, sentence, clause, phrase or
word thereof, irrespective of the fact that any one or more
provisions, sections, subsections, sentences, clauses, phrases or
words be declared unconstitutional.
Added by Laws 2021, c. 578, § 16, eff. Nov. 1, 2021.
§63-1-818.1. Renumbered as § 1430.1 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.2. Renumbered as § 1430.2 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.3. Renumbered as § 1430.3 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
Oklahoma Statutes - Title 63. Public Health and Safety Page 467
§63-1-818.4. Renumbered as § 1430.4 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.5. Renumbered as § 1430.5 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.6. Renumbered as § 1430.6 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.7. Renumbered as § 1430.7 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.8. Renumbered as § 1430.8 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.9. Renumbered as § 1430.9 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.10. Renumbered as § 1430.10 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.11. Renumbered as § 1430.11 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.12. Renumbered as § 1430.12 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.13. Renumbered as § 1430.13 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.14. Renumbered as § 1430.14 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.15. Renumbered as § 1430.15 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.16. Renumbered as § 1430.16 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.17. Renumbered as § 1430.17 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.18. Renumbered as § 1430.18 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.19. Renumbered as § 1430.19 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
Oklahoma Statutes - Title 63. Public Health and Safety Page 468
§63-1-818.20. Renumbered as § 1430.20 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.21. Renumbered as § 1430.21 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.22. Renumbered as § 1430.22 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.23. Renumbered as § 1430.23 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.24. Renumbered as § 1430.24 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.25. Renumbered as § 1430.25 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.26. Renumbered as § 1430.26 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.27. Renumbered as § 1430.27 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.28. Renumbered as § 1430.28 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.29. Renumbered as § 1430.29 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.30. Renumbered as § 1430.30 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.31. Renumbered as § 1430.31 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.32. Renumbered as § 1430.32 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.33. Renumbered as § 1430.33 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.34. Renumbered as § 1430.34 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
Oklahoma Statutes - Title 63. Public Health and Safety Page 469
§63-1-818.35. Renumbered as § 1430.35 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.36. Renumbered as § 1430.36 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.37. Renumbered as § 1430.37 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.38. Renumbered as § 1430.38 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.39. Renumbered as § 1430.39 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.40. Renumbered as § 1430.40 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-818.41. Renumbered as § 1430.41 of Title 10 by Laws 1996, c.
354, § 56, eff. Nov. 1, 1996.
§63-1-819. Residential Care Act.
Sections 1-820 through 1-840 of this act shall be known and may
be cited as the "Residential Care Act".
Added by Laws 1984, c. 128, § 1, eff. Nov. 1, 1984. Amended by Laws
1987, c. 98, § 1, emerg. eff. May 20, 1987.
§63-1-820. Definitions.
As used in the Residential Care Act:
1. "Abuse" means the willful infliction of injury, unreasonable
confinement, intimidation or punishment, with resulting physical
harm, impairment or mental anguish;
2. "Access" means the right of a person to enter a home to
communicate privately and without unreasonable restriction;
3. "Administrator" means the person who is in charge of a home
and who devotes at least one-third (1/3) of his or her full working
time to on-the-job supervision of the home;
4. "Adult companion home" means any home or establishment,
funded and certified by the Department of Human Services, which
provides homelike residential accommodations and supportive
assistance to three or fewer developmentally disabled adults;
5. "Advisory Board" means the Long-Term Care Facility Advisory
Board;
6. "Ambulatory" means any resident who is capable of self-
movement, including in and out of wheelchairs, to all areas of the
home;
7. "Board" means the State Board of Health;
Oklahoma Statutes - Title 63. Public Health and Safety Page 470
8. "Commissioner" means the State Commissioner of Health;
9. "Department" means the State Department of Health;
10. "Habilitation" means procedures and interventions designed
to assist a mentally ill, drug-dependent or alcohol-dependent person
eighteen (18) years of age or older to achieve greater physical,
mental and social development by enhancing the well-being of the
person and teaching skills which increase the possibility that the
resident will make progressively independent and responsible
decisions about social behavior, quality of life, job satisfaction
and personal relationships;
11. "Home" means a residential care home;
12. "Residential care home":
a. means any establishment or institution which offers,
provides or supports residential accommodations, food
service, and supportive assistance to any of its
residents or houses any residents requiring supportive
assistance who are not related to the owner or
administrator of the home by blood or marriage. A
residential care home shall not include:
(1) an adult companion home,
(2) a group home,
(3) a hotel,
(4) a motel,
(5) a residential mental health facility operated by
the Department of Mental Health and Substance
Abuse Services,
(6) a fraternity or a sorority house,
(7) college or university dormitory, or
(8) a home or facility approved and annually reviewed
by the United States Department of Veterans
Affairs as a medical foster home in which care is
provided exclusively to three or fewer veterans.
The residents of a residential care home shall be
ambulatory and essentially capable of participating in
their own activities of daily living, but shall not
routinely require nursing services, and
b. may consist of a series of units or buildings which
are not connected or part of the same structure if:
(1) such buildings or units are owned by the same
owner or operator,
(2) all residents of the units or buildings are fully
capable of ambulation to and from the buildings
or units,
(3) the location and construction of the buildings or
units ensure the health, safety, and protection
from fire hazards and other hazards and provide
Oklahoma Statutes - Title 63. Public Health and Safety Page 471
for the convenience and accessibility of the
residents to each residential building or unit,
(4) any out-of-doors premise or thoroughfare is
adequately maintained to ensure the health and
safety of the residents, and
(5) the buildings or units are within one hundred
seventy-five (175) feet of the building housing
the main kitchen and dining room. The units or
buildings must be located in the most convenient
and accessible location for residents;
provided, however, the leasing of rooms directly or
indirectly to residents of a home shall not void the
application of the provisions of the Residential Care
Act or rules promulgated pursuant thereto.
The State Board of Health shall promulgate rules for such
residential homes pursuant to the provisions of Section 1-836 of
this title;
13. "Licensee" means a person, corporation, partnership, or
association who is the owner of a home which is licensed pursuant to
the provisions of the Residential Care Act;
14. "Maintenance" means meals, shelter, and laundry services;
15. "Neglect" means failure to provide goods and/or services
necessary to avoid physical harm, mental anguish, or mental illness;
16. "Operator" means the person who is not the administrator
but who manages the home;
17. "Owner" means a person, corporation, partnership,
association, or other entity which owns or leases a home or part of
a home, directly or indirectly, to residents. The person or entity
that stands to profit or lose as a result of the financial success
or failure of the operation shall be presumed to be the owner of the
home;
18. "Personal care" means assistance with meals, dressing,
movement, bathing or other personal needs or maintenance, or general
supervision of the physical and mental well-being of a person, who
is incapable of maintaining a private, independent residence, or who
is unable to manage all activities of daily living without
assistance, whether or not a guardian has been appointed for the
person;
19. "Resident" means a person of legal age, residing in a home
due to illness, physical or mental infirmity, or advanced age;
20. "Representative of a resident" means a court-appointed
guardian, or if there is no court-appointed guardian, a relative or
other person designated in writing by the resident. No owner,
agent, employee, or person with a pecuniary interest in the
residential facility or relative thereof shall be a representative
of a resident unless the person is appointed by the court;
Oklahoma Statutes - Title 63. Public Health and Safety Page 472
21. "Supportive assistance" means the service rendered to any
person which is sufficient to enable the person to meet an adequate
level of daily living. Supportive assistance includes, but is not
limited to, housekeeping, assistance in the preparation of meals,
assistance in the safe storage, distribution and administration of
medications, and assistance in personal care as necessary for the
health and comfort of the person. The term "supportive assistance"
shall not be interpreted or applied so as to prohibit the
participation of residents in housekeeping or meal preparation tasks
as a part of the written treatment plan for the training,
habilitation or rehabilitation of the resident, prepared with the
participation of the resident, the mental health or drug or alcohol
services case manager assigned to the resident, and the
administrator of the facility or a designee; and
22. "Transfer" means a change in location of living
arrangements of a resident from one home to another home.
Added by Laws 1984, c. 128, § 8, eff. Nov. 1, 1984. Amended by Laws
1985, c. 135, § 1, emerg. eff. June 7, 1985; Laws 1987, c. 98, § 2,
emerg. eff. May 20, 1987; Laws 1987, c. 225, § 45, eff. Nov. 1,
1987; Laws 1988, c. 260, § 1, eff. Nov. 1, 1988; Laws 1989, c. 330,
§ 5, eff. Nov. 1, 1989; Laws 1990, c. 295, § 2, operative July 1,
1990; Laws 1993, c. 159, § 15, eff. July 1, 1993; Laws 1995, c. 230,
§ 4, eff. July 1, 1995; Laws 2001, c. 410, § 1, eff. Nov. 1, 2001;
Laws 2003, c. 220, § 1, eff. Nov. 1, 2003; Laws 2012, c. 12, § 1,
emerg. eff. April 5, 2012.
§63-1-821. Rules - Powers and duties.
A. The State Board of Health shall promulgate rules to enforce
the provisions of the Residential Care Act which shall include, but
not be limited to, provisions for temperature settings, lighting,
ventilation, and other physical conditions that affect the health,
safety and welfare of the residents in a home. Residential care
homes that provide care for three or fewer residents shall be
subject to the provisions of the Residential Care Act; provided,
however, if such rules unduly restrict operation of the home, the
Board shall be authorized and shall promulgate additional rules for
residential care homes based upon the number of residents in a home.
B. The State Department of Health shall have the power and duty
to:
1. Issue, renew, deny, modify, suspend, and revoke licenses for
homes pursuant to the provisions of the Residential Care Act;
2. Enforce the provisions of the Residential Care Act and any
rules promulgated pursuant thereto by the Board, and require the
submission and review of reports from any person establishing or
operating a home;
3. Enter upon any public or private property for the purpose
of:
Oklahoma Statutes - Title 63. Public Health and Safety Page 473
a. inspecting and investigating conditions of the
residents in the home,
b. inspecting and investigating the home for compliance
with the provisions of the Residential Care Act or
rules promulgated pursuant thereto, or
c. determining if services are being provided without a
license;
4. Employ or designate personnel to conduct investigations and
inspections, to make reports of the condition of homes and the
residents of such homes, and to take necessary action pursuant to
the provisions of the Residential Care Act to protect and safeguard
the health, safety, and welfare of residents of homes;
5. Establish a procedure for receipt and investigation of
complaints regarding a home or concerning the condition, care, and
treatment of a resident of a home;
6. Report to the district attorney having jurisdiction or the
Attorney General any act committed by an owner, administrator,
operator, or employee of a home which may constitute a misdemeanor
pursuant to the provisions of the Residential Care Act;
7. Advise, consult, and cooperate with other agencies of this
state, the federal government, other states and interstate agencies,
and with affected groups and political subdivisions to further the
purposes of the provisions of the Residential Care Act;
8. Investigate, request or otherwise obtain the information
necessary to determine the qualifications and background of an
applicant for licensure;
9. Establish civil penalties for violations of the provisions
of the Residential Care Act as authorized by the Board pursuant to
the provisions of the Residential Care Act;
10. Institute and maintain or intervene in any action or
proceeding where deemed necessary by the Department to protect the
health, safety, and welfare of any resident of a home;
11. Assure the accountability for reimbursed care provided in
certified homes participating in a federal or state health program
as provided by or through the Department of Human Services;
12. Advise, consult, cooperate and assist with technology
center schools or institutions of higher education in this state in
providing the training of persons to distribute and administer
medication to a resident of a home;
13. Transfer or discharge a resident or otherwise protect the
health, safety, and welfare of any resident of a home; and
14. Exercise all incidental powers as necessary and proper for
the administration of the Residential Care Act.
C. To improve patient care, the Department shall hold a public
meeting at least once every four (4) years in each of the licensed
homes to advise and to facilitate communication and cooperation
between personnel of the home and the residents. Administrators,
Oklahoma Statutes - Title 63. Public Health and Safety Page 474
employees of the home, residents, friends and relatives of the
residents, representatives of the residents, and employees from
appropriate state and federal agencies shall be invited and
encouraged to attend such meetings.
Added by Laws 1984, c. 128, § 9, eff. Nov. 1, 1984. Amended by Laws
1985, c. 135, § 2, emerg. eff. June 7, 1985; Laws 1987, c. 98, § 3,
emerg. eff. May 20, 1987; Laws 2001, c. 410, § 2, eff. Nov. 1, 2001;
Laws 2002, c. 22, § 21, emerg. eff. March 8, 2002.
NOTE: Laws 2001, c. 33, § 59 repealed by Laws 2002, c. 22, § 34,
emerg. eff. March 8, 2002.
§63-1-821.1. Repealed by Laws 2017, c. 47, § 1, eff. Nov. 1, 2017.
§63-1-822. Application for license - Fee - Information required -
Qualifications - Issuance of license - Expiration - Modification -
Renewal.
A. An application for a license, or renewal thereof, to
establish or operate a residential care home shall be accompanied by
a fee of Fifty Dollars ($50.00) for the probationary license and
Twenty-five Dollars ($25.00) per year for the renewal license. The
fee shall not be refunded. Except as provided for in Section 1-824
of this title, a license shall expire thirty-six (36) months from
the date of issuance, unless sooner revoked, and may be renewed by
the State Department of Health pursuant to the provisions of the
Residential Care Act. Renewal licenses may be issued for a period
of more than twenty-four (24) months, but not more than thirty-six
(36) months, for the license period immediately following November
1, 2021, in order to permit an equitable distribution of license
expiration dates. All licenses shall be on a form prescribed by the
State Commissioner of Health, and shall include, but not be limited
to, the maximum bed capacity for which the license is granted, the
date the license was issued, and the expiration date of the license.
The provisions of the license shall require that the license shall:
1. Not be transferable or assignable except as authorized by
the provisions of the Residential Care Act;
2. Be posted in a conspicuous place on the licensed premises;
and
3. Be issued only for the premises named in the application and
may be renewed upon application, inspection and payment of the
license fee, as required by the provisions of the Residential Care
Act.
B. An application shall contain the following information:
1. The name and address of the owner of the home. If the owner
is a firm or partnership, the name and address of each member
thereof shall be included in the application. If the owner is a
corporation, the name and address of the corporation and the name
Oklahoma Statutes - Title 63. Public Health and Safety Page 475
and address of each officer and registered agent of the corporation
shall be included in the application;
2. The name and address of the applicant if the applicant is
not the owner and is acting as agent for the owner;
3. The name and location of the home for which a license is
sought;
4. The name of the administrator of the home;
5. The number and type of residents for whom services are to be
provided; and
6. The staffing pattern for providing resident care. In the
case of an application for an initial license, the staffing pattern
shown may be the projected staffing pattern.
C. Each initial application shall be accompanied by a statement
from the unit of local government having zoning jurisdiction over
the location of the home stating that the location is not in
violation of a zoning ordinance.
D. 1. An applicant shall be twenty-one (21) years of age or
older and meet the specific requirements for licensure as specified
in rules promulgated by the State Commissioner of Health pursuant to
the provisions of the Residential Care Act.
2. No person who has been convicted of a felony in connection
with the management or operation of a home, or facility as defined
in Section 1-1902 of this title or in the care and treatment of the
residents of a home, or facility as defined in Section 1-1902 or 1-
1950.1 of this title shall be eligible to be licensed or to
participate in the management or operation of a home.
3. If the applicant is a firm, partnership, or corporation, the
applicant shall not be eligible to be licensed if any member of the
firm or partnership or any officer or major stockholder of the
corporation has been convicted of a felony in connection with the
operation or management of a home or facility or the care and
treatment of the residents of a home or facility as defined in
Section 1-1902 of this title.
E. 1. The application for a license or renewal of a license
shall be accompanied by a statement of ownership which shall include
the following:
a. the name, address, telephone number, occupation or
business activity, business address, and business
telephone number of the owner of the home and of every
person who owns the building in which the home is
located. If the owner is a partnership or
corporation, the name and address of each partner and
stockholder with an ownership interest of five percent
(5%) or more shall be included in the statement, and
b. the name and address of any other home in which the
owner has a full or partial financial interest or, if
the owner is a partnership or corporation, any other
Oklahoma Statutes - Title 63. Public Health and Safety Page 476
home in which the partnership or corporation has a
full or partial financial interest. The statement
shall indicate whether or not any other home wherein a
full or partial financial interest is held would, if
located in this state, be required to be licensed.
2. The applicant shall agree in writing, prior to the issuance
of a license, to notify the Department if there is any change in the
information required to be included in the statement of ownership
thirty (30) days in advance of such change. The information
contained in the statement of ownership shall be public information
and shall be available upon request from the Department.
F. Upon application of a licensee, a license may be modified in
accordance with the provisions of the Residential Care Act. Such
application for modification of a license shall be accompanied by a
fee of Twenty Dollars ($20.00) and shall be submitted in such form
and manner as required by the Department.
G. Upon payment of the required application fees, the
Commissioner may issue and renew licenses which substantially comply
with the provisions of the Residential Care Act and rules
promulgated pursuant thereto; provided, however, a plan of
correction shall be submitted and accepted by both parties prior to
licensure.
H. All residential care homes shall be required to have or
employ a licensed administrator for the home.
Added by Laws 1984, c. 128, § 10, eff. Nov. 1, 1984. Amended by
Laws 1985, c. 135, § 3, emerg. eff. June 7, 1985; Laws 1987, c. 98,
§ 4, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 3, eff. Nov. 1,
2001; Laws 2017, c. 367, § 1, eff. Nov. 1, 2017; Laws 2021, c. 94, §
1, eff. Nov. 1, 2021.
§63-1-823. Transfer of ownership of home - Probationary license
required - Notice of transfer.
Whenever ownership of a residential care home is transferred
from the person named in the application to another person who does
not have a current license for the home, the transferee must obtain
a probationary license as provided in Section 1-824 of this title.
1. The transferee shall notify the State Department of Health
of the transfer and apply for a license no less than thirty (30)
days prior to final transfer.
2. The transferor shall notify the Department of the transfer
no less than thirty (30) days prior to final transfer and shall
remain responsible for the operation of the home until such time as
a probationary license is issued to the transferee. The transferor
shall remain liable for all penalties assessed which are imposed for
violations occurring prior to transfer of ownership.
Oklahoma Statutes - Title 63. Public Health and Safety Page 477
Added by Laws 1984, c. 128, § 11, eff. Nov. 1, 1984. Amended by
Laws 1987, c. 98, § 5, emerg. eff. May 20, 1987; Laws 2001, c. 410,
§ 4, eff. Nov. 1, 2001.
§63-1-824. Probationary license - Duration - Conditions for
issuance - Termination - Issuance or denial of regular license.
If an applicant for licensure under the Residential Care Act has
not been previously licensed, or if a home is not in operation at
the time application is made, the State Department of Health shall
issue a probationary license. A probationary license shall be valid
for one hundred twenty (120) days unless sooner suspended or revoked
pursuant to the provisions of the Residential Care Act.
1. Prior to the issuance of a probationary license, the
Department shall:
a. ascertain whether the applicant is qualified to be
licensed pursuant to the provisions of Section 1-822
of this title, and
b. inspect the home and inform the applicant of any
conditions which require correction prior to the
issuance of a license. If the home is a new home, the
Department shall also inform the applicant of any
condition which requires correction prior to the
acceptance of residents into the home. If the home is
an existing home whose ownership is being transferred,
the probationary license issued to the transferee, in
addition to any corrections required as a result of
the inspection, shall be subject to any plan of
correction submitted by the previous owner and
approved by the Department.
2. Within thirty (30) days prior to the termination of a
probationary license, the Department shall completely inspect the
home and, if the home meets the applicable rules for licensure,
shall issue a license pursuant to the provisions of the Residential
Care Act and rules promulgated pursuant thereto. If at the end of
an extension of the probationary license, the home is not in
substantial compliance with the provisions of the Residential Care
Act and the rules promulgated pursuant thereto, the license shall be
denied and the Department shall take such action as necessary and as
authorized pursuant to the provisions of the Residential Care Act
for the protection of the health, safety, and welfare of the
residents of the home.
Added by Laws 1984, c. 128, § 12, eff. Nov. 1, 1984. Amended by
Laws 1987, c. 98, § 6, emerg. eff. May 20, 1987; Laws 2001, c. 410,
§ 5, eff. Nov. 1, 2001.
§63-1-825. Violation of act - Penalties and liabilities.
Oklahoma Statutes - Title 63. Public Health and Safety Page 478
Any person who violates any of the provisions of the Residential
Care Act, the rules promulgated pursuant thereto by the State Board
of Health, or any order or determination of the State Department of
Health pursuant to the provisions of the Residential Care Act, or
who fails to perform any duty imposed upon such person by the
provisions of the Residential Care Act, shall be subject to any of
the following penalties and liabilities as authorized by the
provisions of the Residential Care Act:
1. License revocation, suspension, or nonrenewal;
2. Transfer of residents;
3. Temporary manager;
4. Injunctive proceedings;
5. Civil fines; and
6. Criminal penalties as provided in Section 1-832 of this
title.
Added by Laws 1984, c. 128, § 13, eff. Nov. 1, 1984. Amended by
Laws 1987, c. 98, § 7, emerg. eff. May 20, 1987; Laws 2001, c. 410,
§ 6, eff. Nov. 1, 2001.
§63-1-826. Denial, refusal to renew, suspension or revocation of
license.
After notice and opportunity for hearing pursuant to the
provisions of Section 1-830 of this title, the State Department of
Health may:
1. Deny a license to an applicant who does not meet the
requirements for licensure pursuant to the provisions of the
Residential Care Act or rules promulgated pursuant thereto;
2. Refuse to renew, suspend, or revoke a license to a licensee
or home which is not in compliance with the provisions of the
Residential Care Act or the rules of the State Board of Health
promulgated pursuant thereto;
3. Deny, refuse to renew, suspend, or revoke a license to an
applicant, licensee, or home which has a history of noncompliance or
incomplete or partial compliance with the provisions of the
Residential Care Act or the rules promulgated pursuant thereto or
for which there is other satisfactory evidence which demonstrates
that the applicant or licensee is unlikely to manage or operate a
home or to provide care or treatment to the residents of a home in a
manner which warrants public trust;
4. Deny, refuse to renew, suspend, or revoke a license to an
applicant or licensee who has insufficient financial or other
resources to the extent that the applicant or licensee is incapable
of assuring or providing adequate care or treatment to the residents
of the home;
5. Deny, refuse to renew, suspend, or revoke a license to an
applicant or licensee who has been convicted of a felony in
connection with the management or operation of a home, or facility
Oklahoma Statutes - Title 63. Public Health and Safety Page 479
as defined in Section 1-1902 of this title, or the care or treatment
of a resident of the home, or facility as defined in Section 1-1902
of this title;
6. Deny, refuse to renew, suspend, or revoke a license if an
administrator or operator of a home has been convicted of a felony
in connection with the management or operation of a home, or
facility as defined in Section 1-1902 or 1-1950.1 of this title, or
care or treatment of a resident of the home, or facility as defined
in Section 1-1902 of this title;
7. Deny, refuse to renew, suspend, or revoke a license to an
applicant or licensee who has permitted, aided, or abetted the
commission of any illegal act in connection with the management or
operation of a home or the care or treatment of a resident of a
home;
8. Refuse to renew a license if, at the time application is
made for the renewal of the license, the licensee or home is subject
to a plan of correction. The license may be renewed at such time as
the required corrections are completed in the manner and time
specified in the plan of correction. If a license is issued or
renewed with a plan of correction, such license may be suspended if
the required corrections are not completed in the manner and time
specified in the plan of correction; or
9. Suspend or revoke a license if the licensee has failed to
submit a plan of correction or to correct conditions as required in
a plan of correction pursuant to the provisions of Section 1-831 of
this title.
Added by Laws 1984, c. 128, § 14, eff. Nov. 1, 1984. Amended by
Laws 1987, c. 98, § 8, emerg. eff. May 20, 1987; Laws 2001, c. 410,
§ 7, eff. Nov. 1, 2001.
§63-1-827. Effective date of nonrenewal, suspension or revocation
of license - Hearing - New application - New license.
A. If a hearing is not requested, the effective date of the
nonrenewal, suspension, or revocation shall be as follows:
1. In cases of nonrenewal of a license the effective date shall
be the expiration date of the license. The date may be extended no
longer than necessary to permit the orderly removal of the
residents; or
2. In cases of revocation or suspension of the license the
effective date shall be the date set by the State Department of
Health in the notice of revocation. The date shall be no later than
necessary to permit the orderly removal of the residents.
B. If a hearing is requested, unless otherwise ordered by a
district court, the effective date of the nonrenewal, suspension, or
revocation of a license shall be set upon final action after the
hearing and shall be no later than necessary to permit the orderly
removal of the residents.
Oklahoma Statutes - Title 63. Public Health and Safety Page 480
C. A new application of the applicant or licensee whose license
was not renewed, suspended, or revoked may be considered after
ninety (90) days upon receipt of satisfactory evidence that the
conditions upon which such nonrenewal, suspension, or revocation was
based have been corrected. A new license may be granted after a
full and complete inspection or investigation and the applicant or
licensee and the home are in substantial compliance with the
provisions of the Residential Care Act and the rules promulgated
thereto by the State Board of Health.
Added by Laws 1984, c. 128, § 15, eff. Nov. 1, 1984. Amended by
Laws 1987, c. 98, § 9, emerg. eff. May 20, 1987; Laws 2001, c. 410,
§ 8, eff. Nov. 1, 2001.
§63-1-828. Fire safety inspections - Fire safety rules and
regulations.
The State Fire Marshal or a designee shall conduct fire safety
inspections on a regular basis at residential care homes and report
any findings from the inspections to the State Department of Health.
In addition, the State Fire Marshal shall develop, adopt, and
promulgate rules, or specifications consistent with nationally
recognized standards or practices necessary for the safeguarding of
life and property of residents of residential care homes from the
hazards of fire and smoke.
Added by Laws 1984, c. 128, § 16, eff. Nov. 1, 1984. Amended by
Laws 1987, c. 98, § 10, emerg. eff. May 20, 1987; Laws 2001, c. 410,
§ 9, eff. Nov. 1, 2001.
§63-1-828.1. State agencies - Placement of persons in unlicensed
residential care homes prohibited.
No state agency shall knowingly place, refer, or recommend
placement of a person in need of care in an unlicensed residential
care home.
Added by Laws 1987, c. 98, § 20, emerg. eff. May 20, 1987.
§63-1-829. Inspections and investigations - Reports.
A. Every residential care home for which a license has been
issued shall be inspected by a duly appointed representative of the
State Department of Health pursuant to rules promulgated by the
State Commissioner of Health with the advice and counsel of the
Long-Term Care Facility Advisory Board. Inspection reports shall be
prepared on forms prescribed by the Department with the advice and
counsel of the Advisory Board.
B. 1. The Department shall at least one time a year and
whenever it deems necessary inspect, survey, and evaluate each home
to determine compliance with applicable licensure rules.
2. An inspection, investigation, survey, or evaluation shall be
either announced or unannounced. The Commissioner shall promulgate
Oklahoma Statutes - Title 63. Public Health and Safety Page 481
rules determining the criteria when an inspection, investigation,
survey, or evaluation shall be unannounced or may be announced by
the Department. Any licensee, applicant for a license, or operator
of any unlicensed facility shall be deemed to have given consent to
any duly authorized employee or agent of the Department to enter and
inspect the home in accordance with the provisions of the
Residential Care Act. Refusal to permit such entry or inspection
shall constitute grounds for the denial, nonrenewal, suspension, or
revocation of a license as well as emergency transfer of all
residents.
3. Any employee of the Department who discloses to any
unauthorized person, prior to an inspection, information regarding
an unannounced residential care home inspection that is required
pursuant to the provisions of the Residential Care Act shall, upon
conviction thereof, be guilty of a misdemeanor. In addition, such
action shall be construed to be a misuse of office and punishable as
a violation of rules promulgated by the Ethics Commission.
One person may be invited from a statewide organization of older
adults or persons with disabilities by the Department to act as a
citizen observer in any inspection.
C. The Department shall maintain a log, updated at least
monthly and available for public inspection, which shall at a
minimum detail:
1. The name of the home and date of inspection, investigation,
survey, or evaluation;
2. Any deficiencies, lack of compliance, or violation noted at
the inspection, investigation, survey, or evaluation;
3. The date a notice of violation, license denial, nonrenewal,
suspension, or revocation was issued or other enforcement action
occurred;
4. The date a plan of correction was submitted and the date the
plan was approved;
5. The date corrections were completed, as verified by an
inspection; and
6. If the inspection or investigation was made pursuant to the
receipt of a complaint, the date such complaint was received and the
date the complainant was notified of the results of the inspection
or investigation.
D. The Department may require the residential care home to
submit periodic reports. The Department shall have access to books,
records, and other documents maintained by the home to the extent
necessary to implement the provisions of the Residential Care Act
and the rules promulgated by the Commissioner pursuant thereto.
E. The Department shall make at least one annual report on each
home in the state. The report shall include all conditions and
practices not in compliance with the provisions of the Residential
Care Act or rules promulgated pursuant thereto within the last year
Oklahoma Statutes - Title 63. Public Health and Safety Page 482
and, if a violation is corrected, or is subject to an approved plan
of correction. The Department shall send a copy of the report to
any person upon receiving a written request. The Department may
charge a reasonable fee to cover the cost of copying and mailing the
report.
F. A representative of the Office of the State Long-Term Care
Ombudsman or case manager employed by the Department of Mental
Health and Substance Abuse Services or one of its contract agencies
is authorized to accompany and shall be notified by the Department
of any inspection conducted of any home licensed pursuant to the
provisions of the Residential Care Act. The State Long-Term Care
Ombudsman or a representative of the Office is authorized to enter
any home licensed pursuant to the provisions of the Residential Care
Act, communicate privately and without unreasonable restriction with
any resident of a home who consents to such communication, to seek
consent to communicate privately and without restriction with any
resident of a home, and to observe all areas of a home that directly
pertain to the care of a resident of a home.
G. Following any inspection by the Department, pursuant to the
provisions of this section, all reports relating to the inspection
shall be filed in the county office of the Department of Human
Services in which the home is located and with the Department of
Mental Health and Substance Abuse Services.
Added by Laws 1984, c. 128, § 17, eff. Nov. 1, 1984. Amended by
Laws 1987, c. 98, § 11, emerg. eff. May 20, 1987; Laws 1990, c. 51,
§ 132, emerg. eff. April 9, 1990; Laws 2001, c. 410, § 10, eff. Nov.
1, 2001; Laws 2017, c. 367, § 2, eff. Nov. 1, 2017; Laws 2024, c.
339, § 7, eff. Nov. 1, 2024.
§63-1-830. Complaints - Notice - Hearing - Orders - Emergencies.
A. Whenever the State Department of Health determines that a
home is in violation of the provisions of the Residential Care Act
or any rule promulgated pursuant thereto, the Department shall give
written notice to the home of the violation.
B. The Department shall give the notice specified by the
provisions of subsection A of this section within ten (10) business
days of an inspection or investigation of the home.
C. The home may request a hearing within ten (10) business days
of receipt of the notice. On the basis of the evidence produced at
the hearing, the Department shall make findings of fact and
conclusions of law and enter an order thereon. The Department shall
give written notice of such order to the alleged violator and to
such other persons as shall have appeared at the hearing and made
written request for notice of the order. The Department may enter
its order on the basis of such record or, before issuing its order,
require additional hearings or further evidence to be presented.
The order of the Department shall become final and binding on all
Oklahoma Statutes - Title 63. Public Health and Safety Page 483
parties unless appealed to the district court as provided in
Sections 317 through 325 of Title 75 of the Oklahoma Statutes within
thirty (30) days after notice has been sent to the parties.
D. Whenever the Department finds that an emergency exists
requiring immediate action to protect the public health or welfare
of any resident of a home licensed pursuant to the provisions of the
Residential Care Act, the Department may without notice or hearing
issue an order stating the existence of such an emergency and
requiring that such action be taken as it deems necessary to meet
the emergency. Such order shall be effective immediately. The
State Board of Health shall adopt rules that establish criteria for
the emergency transfer of residents initiated by the State
Department of Health, including notice and hearings, if the resident
is aggrieved by the decision. Any person to whom such an order is
directed shall comply with the order immediately but on application
to the Department shall be afforded a hearing within ten (10)
business days of receipt of the notice. On the basis of such
hearing, the Department shall continue such order in effect, revoke
it, or modify it. Any person aggrieved by such order continued
after the hearing provided for in this subsection may appeal to the
district court of the area affected within thirty (30) days. Such
appeal when docketed shall have priority over all cases pending on
the docket, except criminal cases.
E. The hearings authorized by this section may be conducted by
the Department. The Department may designate hearing officers who
shall have the power and authority to conduct such hearings in the
name of the Department at any time and place. Such hearings shall
be conducted in conformity with and records made thereof as provided
by the provisions of Sections 309 through 326 of Title 75 of the
Oklahoma Statutes.
Added by Laws 1984, c. 128, § 18, eff. Nov. 1, 1984. Amended by
Laws 1987, c. 98, § 12, emerg. eff. May 20, 1987; Laws 2001, c. 410,
§ 11, eff. Nov. 1, 2001.
§63-1-830.1. Participation in dispute resolution panels
A. Upon written request to the State Department of Health, a
residential care home as defined by the Residential Care Act may
choose to participate in an informal dispute resolution panel or an
alternate dispute resolution panel. Such request shall be made
within thirty (30) days of the receipt of a Statement of
Deficiencies from the Department.
B. The informal dispute resolution process provided by
subsection A of this section shall be the same as that provided by
Sections 1-1914.3 through 1-1914.10 of Title 63 of the Oklahoma
Statutes.
C. The alternate informal dispute resolution process provided
by subsection A of this section shall be the same provided by
Oklahoma Statutes - Title 63. Public Health and Safety Page 484
Sections 1-1914.13 through 1-1914.16 of Title 63 of the Oklahoma
Statutes.
D. The State Department of Health shall appoint the informal
dispute resolution panel, to be comprised of the following impartial
members:
1. Two members who are representative volunteers with
experience in the operation of a residential care home;
2. One member that is an employee of the Department with
experience in residential care home surveys;
3. One representative from the aging and disabled community but
not representing a state agency; and
4. One member who is a lay member and is not employed by the
Department.
E. The State Board of Health shall promulgate rules to
implement the provisions of this act.
Added by Laws 2016, c. 104, § 1, eff. Nov 1, 2016.
§63-1-830.2. Challenge to statement of deficiency – Informal
dispute resolution – Alternative informal dispute resolution.
A. Any residential care home, as defined in paragraph 12 of
Section 1-820 of Title 63 of the Oklahoma Statutes, that wishes to
challenge a statement of deficiency through either an informal
dispute resolution process or an alternative informal dispute
resolution process may make a written request to the State
Department of Health within thirty (30) calendar days after the
receipt of a statement of deficiencies from the Department.
B. The informal dispute resolution process for violations of
the Residential Care Act or any rule promulgated pursuant thereto
shall follow the process contained in Sections 1-1914.3, 1-1914.4,
subsections B and C of 1-1914.5 and 1-1914.6 through 1914.10 of
Title 63 of the Oklahoma Statutes.
C. The alternative informal dispute resolution process for
violations of the Residential Care Act or any rule promulgated
pursuant thereto shall follow the process contained in Sections 1-
1914.11 through 1-1914.16 of Title 63 of the Oklahoma Statutes.
D. An impartial decision-making panel for the alternative
informal dispute resolution set forth in subsection C of this
section shall be comprised of the following members:
1. Two members who are representative volunteers who have
experience in the operation of a residential care home;
2. One member who is an employee of the Department and has
experience in the survey process from residential care homes;
3. One member who is a representative from the aging and
disabled community and who does not represent a state agency; and
4. One member who is a lay member and who is not employed by
the Department.
Added by Laws 2016, c. 198, § 1, eff. Nov. 1, 2016.
Oklahoma Statutes - Title 63. Public Health and Safety Page 485
NOTE: Editorially renumbered from § 1-830.1 of this title to avoid
duplication in numbering.
§63-1-831. Report or plan of correction.
A. If the violations specified in the notice required by
Section 1-830 of this title have been corrected prior to the date of
filing of a plan of correction, the home may submit a report of
correction in place of a plan of correction as specified in
subsection B of this section. Such report shall be signed by the
administrator or operator.
B. A home shall have ten (10) business days after receipt of
notice of violation in which to prepare and submit a plan of
correction. The plan shall include a fixed time period within which
violations are to be corrected. The Department may grant an
extended period where correction involves substantial capital
improvement. If the Department rejects a plan of correction, it
shall send notice of the rejection and the reason for the rejection
within ten (10) business days of receipt of the plan of correction
to the home. The home shall have ten (10) business days after
receipt of the notice of rejection in which to submit a modified
plan. If the modified plan is not timely submitted, or if the
modified plan is rejected, the home shall follow a directed plan of
correction imposed by the Department which shall be submitted to the
home within thirty (30) days.
Added by Laws 1984, c. 128, § 19, eff. Nov. 1, 1984. Amended by
Laws 1987, c. 98, § 13, emerg. eff. May 20, 1987; Laws 2001, c. 410,
§ 12, eff. Nov. 1, 2001.
§63-1-832. Prohibited acts - Violations.
A. No person shall willfully:
1. Fail to correct or interfere with the correction of a
violation within the time specified on the notice or approved plan
of correction pursuant to the provisions of the Residential Care Act
as the maximum period given for correction, unless an extension is
granted and the corrections are made before expiration of extension;
2. Prevent, interfere with, or attempt to impede in any way the
work of any duly authorized representative of the State Department
of Health in the investigation and enforcement of the Residential
Care Act;
3. Prevent or attempt to prevent any such representative from
examining any relevant books or records in the conduct of official
duties pursuant to the provisions of the Residential Care Act;
4. Prevent or interfere with any such representative in the
preserving of evidence of any violation of the Residential Care Act
or the rules promulgated pursuant thereto;
5. Retaliate or discriminate against any resident or employee
for contacting or providing information to any state official, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 486
for initiating, participating in, or testifying in an action for any
remedy authorized pursuant to the provisions of the Residential Care
Act;
6. File any false, incomplete, or intentionally misleading
information required to be filed pursuant to the provisions of the
Residential Care Act, or willfully fail or refuse to file any
information required by the Department pursuant to the provisions of
the Residential Care Act; or
7. Open or operate a home without a license. Operation of a
residential care home without a license is a public health emergency
warranting action pursuant to the provisions of Section 1-830 of
this title.
B. No employee of a state or unit of a local governmental
agency shall aid, abet, assist, conceal or conspire with an
administrator, operator or other employee of a home in a violation
of any provision of the Residential Care Act or any rule promulgated
by the State Board of Health pursuant thereto.
C. Any person who violates any of the provisions of the
Residential Care Act, upon conviction, shall be guilty of a
misdemeanor. Each day upon which such violation occurs shall
constitute a separate violation.
Added by Laws 1984, c. 128, § 20, eff. Nov. 1, 1984. Amended by
Laws 1985, c. 135, § 4, emerg. eff. June 7, 1985; Laws 1987, c. 98,
§ 14, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 13, eff. Nov.
1, 2001.
§63-1-833. Penalties.
A. Any person who has been determined by the State Department
of Health to have violated any provision of the Residential Care Act
or any rule promulgated pursuant thereto may be liable for a civil
penalty of not more than One Hundred Dollars ($100.00) for each day
that the violation continues. The maximum civil penalty shall not
exceed Ten Thousand Dollars ($10,000.00) for any related series of
violations.
B. The amount of the penalty shall be assessed by the
Department pursuant to the provisions of subsection A of this
section, after notice and hearing. In determining the amount of the
penalty, the Department shall include, but not be limited to,
consideration of the nature, circumstances, and gravity of the
violation and, with respect to the person found to have committed
the violation, the degree of culpability, the effect on ability of
the person to continue to do business, and any show of good faith in
attempting to achieve compliance with the provisions of the
Residential Care Act.
C. Any license holder may elect to surrender his or her license
in lieu of the fine but shall be forever barred from obtaining a
reissuance of the license.
Oklahoma Statutes - Title 63. Public Health and Safety Page 487
Added by Laws 1984, c. 128, § 21, eff. Nov. 1, 1984. Amended by
Laws 1987, c. 98, § 15, emerg. eff. May 20, 1987; Laws 2001, c. 410,
§ 14, eff. Nov. 1, 2001.
§63-1-834. Prosecution of violations - Action for equitable relief.
A. The Attorney General, the State Department of Health or the
district attorney of the appropriate district court of Oklahoma may
bring an action in a court of competent jurisdiction for the
prosecution of a violation by any person of a provision of the
Residential Care Act or any rule promulgated pursuant thereto.
B. 1. Enforcement of any action for equitable relief to
redress or restrain a violation by any person of a provision of the
Residential Care Act or for an injunction or recovery of any
administrative or civil penalty assessed pursuant to the Residential
Care Act may be brought by:
a. the district attorney of the appropriate district
court of the State of Oklahoma,
b. the Attorney General on behalf of the State of
Oklahoma in the appropriate district court of the
State of Oklahoma, or
c. the Department on behalf of the State of Oklahoma in
the appropriate district court of the State of
Oklahoma, or as otherwise authorized by law.
2. The court has jurisdiction to determine the action, and to
grant the necessary or appropriate relief including, but not limited
to, mandatory or prohibitive injunctive relief, interim equitable
relief, and punitive damages.
Added by Laws 1984, c. 128, § 22, eff. Nov. 1, 1984. Amended by
Laws 1987, c. 98, § 16, emerg. eff. May 20, 1987; Laws 1988, c. 233,
§ 3, operative July 1, 1988; Laws 2001, c. 410, § 15, eff. Nov. 1,
2001.
§63-1-835. Administration of medication to resident.
Administration of medication to a resident of a home shall be
administered by a person who has obtained appropriate training from
a technology center school or institution of higher education.
Added by Laws 1984, c. 128, § 23, eff. Nov. 1, 1984. Amended by
Laws 1985, c. 135, § 5, emerg. eff. June 7, 1985; Laws 2001, c. 33,
§ 60, eff. July 1, 2001.
§63-1-836. Rules ensuring minimum standards for homes.
A. The State Board of Health shall promulgate rules to enforce
the provisions of the Residential Care Act. Such rules shall
regulate:
1. Location and construction of the home, including plumbing,
heating, lighting, ventilation, and other physical conditions which
Oklahoma Statutes - Title 63. Public Health and Safety Page 488
shall ensure the health, safety, and comfort of residents and
protection from fire hazards;
2. Number of all personnel, including management and
supervisory personnel, having responsibility for any part of the
care given to residents. The Department shall establish staffing
ratios for homes which shall specify the number of staff hours of
care per resident that are needed for care for various types of
homes or areas within homes. Minimum personnel ratio requirements
for all homes shall be based only on average daily census;
3. All sanitary conditions within the home and its
surroundings, including water supply, sewage disposal, food
handling, and general hygiene, which shall ensure the health and
comfort of residents;
4. Diet-related needs of each resident based on sound
nutritional practice and on recommendations which may be made by the
physicians attending the resident;
5. Equipment essential to the health and welfare of the
residents; and
6. Rehabilitation programs for those residents who would
benefit from such programs.
B. 1. In order to further ensure minimum standards for homes,
a certificate of training as specified shall be required of all:
a. administrators, who shall obtain a residential care
administrator certificate of training, and
b. direct care staff responsible for administration of
medication to residents, who shall obtain a
residential care certificate of training.
2. The certificate will be developed and administered by an
institution of higher learning with the advice of the State
Commissioner of Health and of the Long-Term Care Facility Advisory
Board.
a. (1) For residential care home administrators the
training shall consist of a minimum of fifty (50)
hours which shall include at least fifteen (15)
hours of training in the administration of
medication and shall also include, but not be
limited to, training in:
(a) administration,
(b) supervision,
(c) reporting,
(d) record keeping,
(e) independent or daily living skills,
(f) leisure skills and recreation, and
(g) public relations concerning the issues
associated with the operation of residential
care homes and programs.
Oklahoma Statutes - Title 63. Public Health and Safety Page 489
(2) An individual applying for certification as an
administrator may at any time present the
institution of higher education with
documentation of prior education and work
experience for consideration for possible credit
toward certification.
(3) Any person employed as an administrator after
July 1, 1988, shall have completed the training
specified by this division.
(4) Thereafter, annually, at least sixteen (16) hours
of training in the subjects specified by this
division shall be required for such
administrator.
(5) A certified administrator may make a written
request to the Commissioner to be placed in an
inactive status for up to five (5) subsequent
calendar years. Such inactive status shall allow
the administrator to waive the educational
requirements for the period of the request. Such
certified administrator shall not work in a
residential care administrator capacity in
Oklahoma until such time as the certificate is
reactivated. The request to reactivate the
certificate shall be made in writing to the
Commissioner. Such administrator shall then be
required to complete sixteen (16) hours of
training in the subjects specified in this
division.
b. All direct care staff who are responsible for
administration of medication to residents shall be
required to begin training in the administration of
medication within ninety (90) days of employment with
the home and to satisfactorily complete at least
fifteen (15) hours of training in the administration
of medication, within the first year of employment
with the home.
3. All other direct care staff who are employed by a
residential care home, within ninety (90) days of employment with
the home, shall be required to begin eight (8) hours of in-service
training, to be administered by the administrator of the home or
other person designated by the administrator of the home and
completed within twelve (12) months from such person's date of
employment, and annually thereafter. Thereafter such direct care
staff and the direct care staff responsible for administering
medication to residents shall, annually, be required to receive at
least eight (8) hours of training by the administrator of the home
in:
Oklahoma Statutes - Title 63. Public Health and Safety Page 490
a. patient reporting and observation,
b. record keeping,
c. independent or daily living skills,
d. leisure skills and recreation,
e. human relations, and
f. such other training relevant to residential care
programs and operations.
4. The requirement of certification and the training specified
pursuant to the provisions of this subsection shall be included in
the rules promulgated by the Board.
5. Failure of the owner or administrator to ensure the training
required pursuant to this subsection is received shall constitute a
violation of the Residential Care Act and shall be grounds for
revocation of licensure. Proof of successful completion of such
training for the residential care home administrator and direct care
staff shall be required prior to issuance or renewal of a license
issued pursuant to the provisions of the Residential Care Act. The
Department shall not renew any license for any residential care home
if the training required by this subsection has not been completed.
Added by Laws 1984, c. 128, § 24, eff. Nov. 1, 1984. Amended by
Laws 1985, c. 135, § 6, emerg. eff. June 7, 1985; Laws 1987, c. 98,
§ 17, emerg. eff. May 20, 1987; Laws 1988, c. 233, § 2, operative
July 1, 1988; Laws 1998, c. 110, § 1, eff. Nov. 1, 1998; Laws 2001,
c. 410, § 16, eff. Nov. 1, 2001.
§63-1-837. Insuring life of resident - Persons eligible -
Assignment of benefits of life insurance policy.
A. No owner, administrator, or operator of a residential care
home shall have an insurable interest in the life of a resident of
the home unless the owner, administrator or operator is related to
the resident by blood or marriage.
B. No owner, administrator or operator of a residential care
home shall be entitled or assigned to any benefits of a life
insurance policy on a resident unless the owner, administrator or
operator is related to the resident by blood or marriage.
Added by Laws 1984, c. 128, § 25, eff. Nov. 1, 1984. Amended by
Laws 1987, c. 98, § 18, emerg. eff. May 20, 1987; Laws 2001, c. 410,
§ 17, eff. Nov. 1, 2001.
§63-1-838. Repealed by Laws 2001, c. 410, § 21, eff. Nov. 1, 2001.
§63-1-839. Disposition of monies received by Department.
All monies received by the State Department of Health, from any
monies received as a result of an assessment of a civil penalty
pursuant to the provisions of the Residential Care Act shall be
deposited in the Public Health Special Fund created in Section 1-107
of this title.
Oklahoma Statutes - Title 63. Public Health and Safety Page 491
Added by Laws 1984, c. 128, § 27, eff. Nov. 1, 1984. Amended by
Laws 1986, c. 312, § 15, operative July 1, 1986; Laws 1987, c. 98, §
19, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 18, eff. Nov. 1,
2001.
§63-1-840. Other provisions applicable to residential care homes.
Residential care homes subject to the provisions of the
Residential Care Act shall comply with the provisions of Sections 1-
1909, 1-1910, 1-1914.1, 1-1914.2, 1-1915, 1-1917, 1-1918, 1-1919, 1-
1920, 1-1921, 1-1922, 1-1924, 1-1926, 1-1927, 1-1930, 1-1939, 1-1940
and 1-1941 of this title.
Added by Laws 1984, c. 128, § 28, eff. Nov. 1, 1984. Amended by
Laws 1985, c. 135, § 7, emerg. eff. June 7, 1985; Laws 1986, c. 10,
§ 1, emerg. eff. March 17, 1986; Laws 1987, c. 98, § 21, emerg. eff.
May 20, 1987; Laws 1995, c. 230, § 6, eff. July 1, 1995.
§63-1-841. Accounting of clients' financial records.
The State Department of Health shall require as a condition of
licensure for residential care facilities that an accounting be made
of financial records of each client for which the facility is the
payee in each such residential facility. Such accounting shall be
recorded and given to the resident and/or the resident’s
representative upon request. The records may be inspected by any
employee of the Department during any regular inspection or at any
time a complaint is received by the Department regarding a client's
finances.
Added by Laws 1995, c. 230, § 3, eff. July 1, 1995. Amended by Laws
2001, c. 410, § 19, eff. Nov. 1, 2001.
§63-1-842. Residents' representatives.
A. Any contract or application for admission to a residential
care facility shall include provisions for the applicant to
designate an individual to be the "representative of a resident".
The individual so designated shall have a fiduciary duty to the
resident to act at all times in the best interests of the resident.
Any resident of a residential care facility may change the
designation of a representative at any time and for any reason. No
representative shall be required to serve in such capacity if the
person objects to serving, and may resign as representative upon
written notice to the resident and the facility.
B. Upon admission or the signing of a contract for admission to
a residential care facility or any modifications to the contract for
admission, the representative of the resident shall be notified of
the admission, the contract or any modifications to the contract.
C. If a resident is subject to a special, limited or full
guardianship, pursuant to the provisions of the Oklahoma
Guardianship and Conservatorship Act or the Protective Services for
Oklahoma Statutes - Title 63. Public Health and Safety Page 492
the Elderly and for Incapacitated Adults Act, the representative of
the resident shall be the court-appointed guardian.
Added by Laws 1995, c. 230, § 5, eff. July 1, 1995.
§63-1-849. Renumbered as § 629 of Title 57 by Laws 2015, c. 227, §
2, eff. Nov. 1, 2015.
§63-1-850. Short title.
Sections 6 through 17 of this act shall be known and may be
cited as the Long-term Care Certificate of Need Act.
Added by Laws 1989, c. 227, § 5.
§63-1-851. Public policy as to development of long-term services.
The Legislature hereby declares that it is the public policy of
the State of Oklahoma that the offering and development of long-term
care services should be made in a planned, orderly and economical
manner consistent with and appropriate to services needed by people
in various regions, districts or localities in the State of
Oklahoma, and that it is essential to the realization of this public
policy that the offering and development of long-term care services
in the state be made in accordance with the needs for such services.
It is the purpose of the Legislature in enacting this act to further
this public policy by providing for the submittal of plans and
applications, and by prohibiting the offering, development or change
of existing services prior to the issuance of a certificate of need
by the State Department of Health.
Added by Laws 1971, c. 64, § 1, emerg. eff. April 8, 1971. Amended
by Laws 1980, c. 188, § 2, eff. July 1, 1980; Laws 1986, c. 149, §
12, emerg. eff. April 29, 1986; Laws 1989, c. 227, § 6, operative
July 1, 1989.
§63-1-851.1. Definitions.
For purposes of the Long-term Care Certificate of Need Act:
1. "Board" means the State Board of Health;
2. "Commissioner" means the State Commissioner of Health;
3. "Department" means the State Department of Health;
4. "Long-term care facility" means:
a. a nursing facility or a specialized facility, as such
terms are defined by Section 1-1902 of this title,
b. skilled nursing care provided in a distinct part of a
hospital as such term is defined by Section 1-701 of
this title,
c. the nursing care component of a continuum of care
facility, as such term is defined under the Continuum
of Care and Assisted Living Act, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 493
d. the nursing care component of a life care community as
such term is defined by the Long-term Care Insurance
Act;
5. "Disclosure statement" means a written statement by the
applicant which contains:
a. the full name, business address, and Social Security
number of the applicant, and all persons with
controlling interest as defined by the Long-term Care
Certificate of Need Act,
b. the full name and address of any legal entity in which
the applicant holds a debt or equity interest of at
least five percent (5%), or which is a parent company
or subsidiary of the applicant,
c. a description of the experience and credentials of the
applicant, including any past or present permits,
licenses, certifications, or operational
authorizations relating to long-term care facility
regulation,
d. a listing and explanation of any administrative, civil
or criminal legal actions against the applicant or any
person with a controlling interest which resulted in a
final agency order or final judgment by a court of
record including, but not limited to, final orders or
judgments on appeal related to long-term care in the
five (5) years immediately preceding the filing of the
application. Such actions shall include, without
limitation, any permit denial or any sanction imposed
by a state regulatory authority or the Centers for
Medicare and Medicaid Services, and
e. a listing of any federal long-term care agency and any
state long-term care agency outside this state that
has or has had regulatory responsibility over the
applicant;
6. "History of noncompliance" means three standard or complaint
surveys found to be at the substandard quality of care level when
the facility does not achieve compliance by date certain in a
nursing facility or specialized facility for persons with
Alzheimer's disease or related disorders. Additionally, "history of
noncompliance" for an intermediate care or specialized facility for
persons with intellectual disabilities means three consecutive
routine or complaint surveys that resulted in determinations that
the facility was out of compliance with two or more Conditions of
Participation in the Medicaid program within the preceding thirty-
six (36) months when the facility does not achieve compliance within
sixty (60) days;
7. "Person" means any individual, corporation, industry, firm,
partnership, association, venture, trust, institution, federal,
Oklahoma Statutes - Title 63. Public Health and Safety Page 494
state or local governmental instrumentality, agency or body or any
other legal entity however organized; and
8. "Person with a controlling interest" means a person who
meets any one or more of the following requirements:
a. controls fifty percent (50%) or more of the common
stock of the corporate entity involved or controls
fifty percent (50%) or more of the interest in the
partnership involved,
b. controls a percentage of stock greater than any other
stockholder or equal to the other single largest
stockholder or controls a percentage of partnership
interest greater than any other partner or equal to
the other single largest partnership interest, or
c. a managing member of a Limited Liability Company
(LLC).
Added by Laws 1989, c. 227, § 7, operative July 1, 1989. Amended by
Laws 1996, c. 336, § 1, eff. Nov. 1, 1996; Laws 1997, c. 223, § 9,
emerg. eff. May 20, 1997; Laws 2000, c. 340, § 12, eff. July 1,
2000; Laws 2001, c. 285, § 1, eff. Nov. 1, 2001; Laws 2004, c. 436,
§ 1, emerg. eff. June 4, 2004; Laws 2019, c. 475, § 54, eff. Nov. 1,
2019.
§63-1-851.2. Department - Powers and duties - Participation in
federal programs - Collection of monthly data.
A. The State Commissioner of Health shall have the power and
duty to:
1. Issue, renew, deny, modify, suspend and revoke certificates
of need;
2. Establish and enforce standards and requirements for
certificates of need;
3. Require the submission of and to review reports from any
person requesting or obtaining a certificate of need;
4. Employ or designate personnel necessary to implement the
provisions of the Long-term Care Certificate of Need Act;
5. Report to the district attorney having jurisdiction or the
Attorney General, any act committed by any person which may
constitute a violation pursuant to the provisions of the Long-term
Care Certificate of Need Act;
6. Advise, consult and cooperate with other agencies of this
state, the federal government, other states and interstate agencies,
and with affected groups and political subdivisions to further the
purposes of the provisions of the Long-term Care Certificate of Need
Act;
7. Promulgate and enforce rules subject to the approval of the
State Board of Health to implement the provisions of the Long-term
Care Certificate of Need Act;
Oklahoma Statutes - Title 63. Public Health and Safety Page 495
8. Investigate, request or otherwise obtain the information
necessary to determine the qualifications and background of an
applicant for a certificate of need;
9. Establish administrative penalties for violations of the
provisions of the Long-term Care Certificate of Need Act as
authorized by the Board;
10. Institute and maintain or intervene in any action or
proceeding where deemed necessary by the Department pursuant to the
Long-term Care Certificate of Need Act;
11. Develop and administer plans for health services including,
but not limited to, staffing, facilities and other resources;
12. Develop and publish, once every four (4) years, a
Quadrennial State Health Plan, following guidelines and procedures
adopted by the Board which specify the method of adoption of the
plan document, its format, provisions for developing and publishing
plan amendments and the role of the State Department of Health,
local health planning advisory councils and the Alcohol, Drug Abuse
and Community Mental Health Planning and Coordination Boards of each
mental health catchment area in its development;
13. Establish and administer criteria and standards for the
delineation and approval of areas and regions for health planning
purposes;
14. Promote and maintain plans for providing health services
including, but not limited to, health, staffing and health
facilities, in this state; and
15. Exercise all incidental powers as necessary and proper for
the administration of the Long-term Care Certificate of Need Act.
B. The State Department of Health shall be the single state
agency to participate in federal programs for health planning and to
apply for and administer federal funds for health planning,
provided, that the Long-term Care Certificate of Need Act, and any
other law vesting planning functions in any other state agency,
shall not apply to health planning functions vested by law in the
Department of Mental Health and Substance Abuse Services, the
Oklahoma Health Care Authority and the Department of Human Services.
C. Facility occupancy data used in the review of Certificate of
Need applications shall be based upon monthly reports that are
submitted by facilities to the Oklahoma Heath Care Authority
pursuant to Section 1-1925.2 of this title and that are available to
the public upon request.
Added by Laws 1989, c. 227, § 8, operative July 1, 1989. Amended by
Laws 1990, c. 51, § 133, emerg. eff. April 9, 1990; Laws 1996, c.
336, § 2, eff. Nov. 1, 1996; Laws 2004, c. 436, § 2, emerg. eff.
June 4, 2004.
§63-1-851.3. Certificate of need required.
Oklahoma Statutes - Title 63. Public Health and Safety Page 496
No long-term care facility shall be developed, acquired or
offered unless a certificate of need therefor has been issued as
provided in the Long-term Care Certificate of Need Act. No
governmental entity shall approve any grant of funds, issue any
debentures or issue or renew any license for the operation of a
long-term care facility, nor shall any third-party purchasers,
licensed or operated by this state, issue reimbursement for services
provided to its insurers or clients, unless the certificate of need
as provided in the Long-term Care Certificate of Need Act has been
obtained.
Added by Laws 1989, c. 227, § 9, operative July 1, 1989. Amended by
Laws 1996, c. 336, § 3, eff. Nov. 1, 1996.
§63-1-852. Long-term care facility certificate of need –
Requirements - Exemptions.
A. Every entity desiring to establish a new long-term care
facility, to expand an existing facility whether through
construction or conversion of facilities, or to acquire an existing
long-term care facility shall make application to the State
Department of Health for a certificate of need. The application for
a certificate of need shall be in such form as the State
Commissioner of Health shall prescribe.
B. A certificate of need shall be required for:
1. Any capital investment or lease of One Million Dollars
($1,000,000.00) or more, including predevelopment activities such as
arrangements and commitments for financing, architectural designs,
plans, working drawings, specifications, and site acquisition;
provided, that this dollar limit shall not apply to a change in bed
capacity;
2. Acquisition of the ownership or operation of a facility
whether by purchase, lease, donation, transfer of stock or interest,
management contract, corporate merger, assignment, or through
foreclosure; and
3. An increase in licensed beds, whether through establishment
of a new facility or expansion of an existing facility.
C. The Department within fifteen (15) days after receipt of an
application, shall issue an exemption from certificate of need
requirements upon written request and demonstration that applicable
exemption criteria have been met, for any of the following
activities:
1. An increase of no more than ten beds or ten percent (10%) of
the facility’s licensed beds, whichever is greater, per calendar
year if:
a. the total capital cost of the increase is less than
One Million Dollars ($1,000,000.00), and
Oklahoma Statutes - Title 63. Public Health and Safety Page 497
b. the facility’s occupancy rate averaged ninety-three
percent (93%) or more during the twelve (12) months
preceding the filing of the exemption request;
2. Construction of a long-term care facility to replace or
relocate all or part of the licensed bed capacity of an existing
facility if:
a. the project involves no increase in licensed beds;
b. the facility shall be constructed no farther than
three (3) miles for rural areas and seven and one-half
(7 1/2) miles for urban areas, as defined by the
Standard Metropolitan Statistical Area (SMSA), from
the facility it is replacing or relocating, and
c. a plan for the use of the facility to be replaced or
relocated is provided that ensures continuity of
services; and
3. A management agreement if:
a. the management entity discloses all persons with
controlling interest in the management entity and
discloses all experience in long-term care facility
management or operation in any state during the
preceding thirty-six (36) months,
b. the management entity and any person with controlling
interest if the management entity has less than
thirty-six (36) months experience in management or
operation of facilities, does not have a history of
noncompliance, and
c. the licensed entity remains responsible for facility
operation, financial performance, staffing and
delivery of resident services required under the
Nursing Home Care Act.
D. A certificate of need shall not be required for:
1. Any changes of ownership resulting from the operation of
law, including but not limited to divorce, probate, reversions and
bankruptcy if the transfer of interest is to any already existing
stockholder or person or entity listed on the license application
disclosure statement. This shall also include cancellations and
expirations of leases. Operational law ownership changes shall be
reported to the Department within five (5) working days of the
change;
2. Ownership changes for estate planning purposes, treasury
stock purchases, and transfers between existing owners and/or family
members; increases in the amount of common stock or partnership
interest for any individual who already owns fifty percent (50%) of
the common stock or corporate entity involved or controls fifty
percent (50%) or more of the interest in the partnership involved;
and
Oklahoma Statutes - Title 63. Public Health and Safety Page 498
3. New purchases of common stock or partnership interest by any
legal entity if such new purchaser will own, in total, less than
fifty percent (50%) of the corporate entity involved or partnership
involved.
E. All applicants for the issuance of a certificate of need, at
such time and in such manner as required by the Department, shall
file:
1. A disclosure statement with their applications unless the
applicant is a publicly held company required to file periodic
reports under the Securities and Exchange Act of 1934, or a wholly
owned subsidiary of a publicly held company. In such case, the
applicant shall not be required to submit a disclosure statement,
but shall submit the most recent annual and quarterly reports
required by the Securities and Exchange Commission, which provide
information regarding legal proceedings in which the applicant has
been involved;
2. Copies of residents council minutes and family council
minutes, if any, and the facility's written response to the
councils' requests or grievances, for the three (3) months prior to
the date of application, for each of the applicant's current
holdings in the State of Oklahoma; and
3. Such other relevant information required by the Department
pursuant to the Long-term Care Certificate of Need Act that relates
to the competency, reliability, or responsibility of the applicant
and affiliated persons.
F. An application for a certificate of need shall be signed
under oath by the applicant.
G. Promptly upon receipt of any such application, the
Department shall examine and transmit the application to reviewing
bodies selected by the Department to assist the Department in
determining whether the application is complete. Once the
Department has determined that the application is complete, it shall
notify the affected parties and other reviewing bodies and cause a
thorough investigation to be made of the need for and
appropriateness of the new or any long-term care service
acquisition, expansion, or establishment of a new facility.
H. Except as provided by Section 1-853.1 of this title, the
investigation made pursuant to an application for a certificate of
need shall include the following:
1. The adequacy of long-term care facilities in relation to an
optimal target ratio of long-term care beds per thousand persons
seventy-five (75) years of age or older in the state;
2. The availability of long-term care which may serve as
alternatives or substitutes;
3. The adequacy of financial resources for the acquisition,
expansion, or establishment of a new long-term care facility and for
the continued operation thereof;
Oklahoma Statutes - Title 63. Public Health and Safety Page 499
4. The availability of sufficient staff to properly operate the
proposed acquisition, expansion, or establishment of a new long-term
care facility;
5. The record of the applicant's current and prior ownership,
operation and management of similar facilities in this state and in
any other state. The investigation of such record shall include,
but not be limited to, inquiry to the State Long-Term Care Ombudsman
Office, the state Medicaid Fraud Control Unit, and the state
licensure and certification agency;
6. Review of minutes of family councils and residents councils,
and the facilities' responses, from each of the applicant's holdings
in Oklahoma; and
7. Any other matter which the Department deems appropriate.
I. Before making a final determination on an acquisition
application, the Commissioner shall cause paid public notices to be
published in a newspaper of general circulation near the facility
and in a newspaper of general circulation in the area where the
application is available for public inspection. A notice in a form
prescribed by the Department also shall be posted by the applicant
in a public area in each facility operated by the applicant in
Oklahoma, to inform residents and families of the applicant's
proposed action. The public notices shall offer participating
parties an opportunity to submit written comments.
J. The Commissioner's decision to approve or deny the proposed
acquisition, expansion, or establishment of a new facility shall be
made within forty-five (45) days following the deadline for
submitting written comments, or the proposed acquisition or
establishment shall be automatically approved, unless otherwise
prohibited pursuant to the provisions of the Long-term Care
Certificate of Need Act.
K. If the Commissioner finds that a proposed acquisition,
expansion, or establishment of a new facility is consistent with the
criteria and standards for review of such projects, and is otherwise
in compliance with the provision of the Long-term Care Certificate
of Need Act, then the Commissioner shall issue a certificate of
need. If the Commissioner finds that the proposed acquisition,
expansion, or establishment of a new facility is not consistent with
the criteria and standards, or is otherwise not in compliance with
the provisions of the Long-term Care Certificate of Need Act, the
Commissioner shall deny the certificate of need.
Added by Laws 1971, c. 64, § 2, emerg. eff. April 8, 1971. Amended
by Laws 1980, c. 188, § 3, eff. July 1, 1980; Laws 1983, c. 285, §
5, operative July 1, 1983; Laws 1984, c. 238, § 4, operative July 1,
1984; Laws 1986, c. 149, § 13, emerg. eff. April 29, 1986; Laws
1987, c. 206, § 43, operative July 1, 1987; Laws 1987, c. 236, § 27,
emerg. eff. July 20, 1987; Laws 1988, c. 282, § 4, operative July 1,
1988; Laws 1989, c. 227, § 10, operative July 1, 1989; Laws 1993, c.
Oklahoma Statutes - Title 63. Public Health and Safety Page 500
269, § 14, eff. Sept. 1, 1993; Laws 1996, c. 336, § 4, eff. Nov. 1,
1996; Laws 2001, c. 285, § 2, eff. Nov. 1, 2001; Laws 2004, c. 436,
§ 3, emerg. eff. June 4, 2004.
§63-1-852.1. Fees - Maximum fee - Capital cost for acquisition -
Request for exemption.
A. Each application for a new certificate of need applied for
pursuant to the provisions of Section 1-852 of this title, except
for those applications filed by state agencies, shall be accompanied
by an application fee of Three Thousand Dollars ($3,000.00).
B. The maximum filing fee on an application for replacement of
an existing facility shall be One Thousand Dollars ($1,000.00).
C. 1. The maximum filing fee on an application for an
acquisition shall be Five Thousand Dollars ($5,000.00).
2. The capital cost for acquisition shall be the current book
value of the facility as shown by a recognized method or basis of
accounting as attested by a Certified Public Accountant.
D. If an application for a certificate of need is not approved,
the Department shall refund the application fee in full.
E. Each request for exemption from certificate of need
requirements submitted under Section 1-852 of this title, except for
a request filed by a state agency, shall be accompanied by a fee of
One Hundred Dollars ($100.00).
Added by Laws 1996, c. 336, § 5, emerg. eff. June 12, 1996. Amended
by Laws 2004, c. 436, § 4, emerg. eff. June 4, 2004; Laws 2009, c.
121, § 1, emerg. eff. April 28, 2009.
§63-1-853. Findings as to necessity.
A. Except as provided in subsections B and C of this section,
no certificate of need shall be issued by the State Department of
Health unless after investigation the State Commissioner of Health
makes the following findings:
1. The action proposed in the application for such certificate
of need is necessary and desirable in order to provide the services
required in the locality to be served;
2. The proposed action can be economically accomplished and
maintained;
3. The proposed action will contribute to the orderly
development of long-term care services in the locality;
4. The applicant is or employs a licensed nursing home
administrator; and
5. The applicant is found to be in compliance with the
provisions of subsection D of this section.
B. 1. An application for a certificate of need for a capital
expenditure to eliminate or prevent imminent safety hazards as
defined by federal, state or local fire, building or life safety
codes or regulations, or to comply with state licensure standards,
Oklahoma Statutes - Title 63. Public Health and Safety Page 501
or to comply with accreditation standards, compliance with which is
required to receive reimbursements under Title XVIII of the Social
Security Act or payments under a state plan for medical assistance
approved under Title XIX of such act, shall be approved unless the
Department finds:
a. that the facility or service is not needed, or
b. that the applicant is found to be out of compliance
with the provisions of subsection D of this section.
2. Approval under this subsection shall cover only the capital
expenditure to eliminate or prevent the hazards or to comply with
standards described herein.
C. No certificate of need shall be issued for the acquisition
of an existing facility unless after investigation the Commissioner
finds that the applicant:
1. Has financial resources necessary to complete the
transaction and to maintain services and staffing; and
2. Is found to be in compliance with the provisions of
subsection D of this section.
D. 1. The Commissioner shall refuse to issue a certificate of
need to any applicant who has had, in ten percent (10%) or more of
the applicant's long-term care facility holdings in the preceding
sixty (60) months, a facility license or certification revoked,
rescinded, canceled, terminated, involuntarily suspended, or refused
renewal; or if the license or certification was relinquished
voluntarily in lieu of penalty.
2. The Commissioner shall refuse to issue a certificate of need
to any applicant except where the applicant overcomes a presumption
against approval with clear and convincing evidence that one of the
following circumstances was not due to the action or inaction of the
applicant or any person with a controlling interest:
a. the applicant has had, in any of the applicant's long-
term care holdings in the preceding sixty (60) months,
a facility's license or certificate revoked,
rescinded, canceled, terminated, involuntarily
suspended or refused renewal,
b. the applicant has a history of noncompliance, as
defined by statute, with the standards for licensure
of long-term care facilities of any state in which the
applicant has or has had long-term care facilities, or
with federal standards for certification of long-term
care facilities,
c. the applicant, in all current and prior ownership,
operation and management of long-term care facilities,
has not complied with all lawful orders of suspension,
receivership, temporary management, or administrative
penalty issued by the Department or by other
authorities with similar responsibilities in other
Oklahoma Statutes - Title 63. Public Health and Safety Page 502
states or by the federal Centers for Medicare and
Medicaid Services, or
d. the applicant has been convicted of a felony criminal
offense related to the operation or management of a
long-term care facility.
3. Other than any of those reasons listed in paragraph 1 or 2
of this subsection, the Commissioner may refuse to issue a
certificate of need to any applicant who has had, in the preceding
thirty-six (36) months, one or more of the following:
a. findings of substandard quality of care or
noncompliance with two or more conditions of
participation on twenty percent (20%) or more of the
surveys conducted in the applicant’s long-term care
facility holdings or against any long-term care
facility operated by a person with a controlling
interest during the preceding thirty-six (36) months,
b. a temporary manager, monitor, or receiver appointed,
or
c. had a civil money penalty imposed of Thirty-five
Thousand Dollars ($35,000.00) or more.
E. Noncompliance with a final agency order or final order or
judgment of a court of record which has been set aside by a court on
appeal of such final order or judgment shall not be considered a
final order or judgment for the purposes of this section.
F. When the Commissioner makes a determination to issue or deny
a certificate of need, the Commissioner shall provide written
findings to the applicant, other reviewers and to other persons upon
their request. The certificate of need shall establish the maximum
capital expenditure for the project. The State Board of Health
shall adopt rules concerning the time in which a decision must be
made on an application.
G. Any person may request a reconsideration of the
Commissioner's determination for good cause shown, the grounds for
which shall be established by the Board by rule. A request for
reconsideration shall be filed within ten (10) days of the
Department determination. The hearing thereupon shall be conducted
within thirty (30) days following the receipt of request. Written
findings shall be issued within forty-five (45) days of such
hearing.
Added by Laws 1971, c. 64, § 3, emerg. eff. April 8, 1971. Amended
by Laws 1980, c. 188, § 4, eff. July 1, 1980; Laws 1986, c. 149, §
14, emerg. eff. April 29, 1986; Laws 1989, c. 227, § 11, operative
July 1, 1989; Laws 1994, c. 48, § 1, eff. Sept. 1, 1994; Laws 1996,
c. 336, § 6, eff. Nov. 1, 1996; Laws 1998, c. 328, § 2, eff. Nov. 1,
1998; Laws 2000, c. 340, § 13, eff. July 1, 2000; Laws 2001, c. 285,
§ 3, eff. Nov. 1, 2001; Laws 2004, c. 436, § 5, emerg. eff. June 4,
2004.
Oklahoma Statutes - Title 63. Public Health and Safety Page 503
§63-1-853.1. Investigation of application by not-for-profit life
care community for certificate of need.
A. The investigation made pursuant to an application by a not-
for-profit life care community for a certificate of need shall
include:
1. The adequacy of financial resources for the acquisition,
expansion, or establishment of a new long-term care facility and for
the continued operation thereof;
2. The record of the applicant's current and prior ownership,
operation, and management of similar facilities in this state and in
any other state. The investigation of such record shall include,
but not be limited to, inquiry to the State Long-Term Care Ombudsman
Office, the state Medicaid Fraud Control Unit, and the state
licensure and certification agency;
3. If the applicant has holdings in Oklahoma, a review of
minutes of family councils and residents' councils, and the
facilities' responses, from each of the applicant's holdings in this
state; and
4. Any other matter which the Department deems necessary and
appropriate.
B. 1. The State Department of Health may approve an initial
certificate of need for a not-for-profit life care community for
nursing care beds that does not exceed twenty percent (20%) of the
total number of units in the life care community for which no
certificate of need is required.
2. Approval of the initial certificate of need shall include
open admission with respect to fifty percent (50%) of the nursing
care beds. With respect to the remaining nursing care beds, open
admission shall only be allowed during the first seven (7) years
following the initial licensure of nursing care beds in the life
care community.
3. Upon expiration of the one-time seven-year open admission
period, with respect to fifty percent (50%) of the nursing care
beds, a life care community that has obtained a certificate of need
pursuant to this section shall admit only the following persons to
its nursing care beds:
a. an individual who has executed a written agreement for
services with the facility and who has been a bona
fide resident of the portion of the life care
community for which a certificate of need bed is not
required for a period of at least thirty (30) days,
b. an individual who has executed a written agreement for
services with the facility and who has been a bona
fide resident of the portion of the life care
community for which a certificate of need bed is not
required for a period of less than thirty (30) days
Oklahoma Statutes - Title 63. Public Health and Safety Page 504
and requires skilled care that was not originally
contemplated upon admission to the life care
community,
c. an individual who has executed a written agreement for
services with the facility and whose physician
certifies that the individual is likely to be able to
move to a portion of the life care community for which
a certificate of need bed is not required in thirty
(30) days or less after entering the life care
community, or
d. an individual who is a family member (spouse, parent,
child, sibling, aunt, uncle or first cousin by blood,
marriage or adoption) of an individual who has
executed a written agreement for services with the
facility and resides in the portion of the life care
community for which a certificate of need bed is not
required.
C. The State Department of Health may approve a subsequent
certificate of need for nursing care beds for a not-for-profit life
care community that has obtained a certificate of need pursuant to
this section when a subsequent application does not cause the
nursing care beds to exceed twenty percent (20%) of the total number
of units in the life care community for which no certificate of need
is required. No open admission period shall be authorized for the
additional nursing care beds.
D. The provisions of subsections B and C of this section shall
apply to all certificates of need previously or hereafter granted
pursuant to the provisions of this section.
Added by Laws 2001, c. 285, § 4, eff. Nov. 1, 2001. Amended by Laws
2014, c. 92, § 1, eff. Nov. 1, 2014.
§63-1-854.1. Appeal of findings.
Any final determination by the State Department of Health
pursuant to the Long-term Care Certificate of Need Act may be
appealed by the applicant, or any other aggrieved party under the
provisions of Sections 317 and 318 of Article II of the
Administrative Procedures Act; provided, that the venue for such
appeal shall be in Oklahoma County or in the county in which the
facility at issue in the application is located.
Added by Laws 1980, c. 188, § 5, eff. July 1, 1980. Amended by Laws
1986, c. 149, § 15, emerg. eff. April 29, 1986; Laws 1989, c. 227, §
12, operative July 1, 1989; Laws 1993, c. 234, § 1, eff. July 1,
1993; Laws 1994, c. 48, § 2, eff. Sept. 1, 1994; Laws 1996, c. 336,
§ 7, eff. Nov. 1, 1996; Laws 2004, c. 436, § 6, emerg. eff. June 4,
2004.
Oklahoma Statutes - Title 63. Public Health and Safety Page 505
§63-1-857. Time for submitting plans and specifications - Time for
construction - Time for acquisition.
A. 1. A certificate of need issued pursuant to the provisions
of the Long-term Care Certificate of Need Act for the construction
or establishment of a new long-term care service or the expansion of
an existing service shall be valid for a period of six (6) months
during which time the applicant shall submit to the State Department
of Health the plans and specifications for the facility to be
constructed; however, the Department may extend such time by a
period not to exceed twelve (12) months for extraordinary
circumstances beyond the control of the applicant.
2. If no such plans and specifications are submitted within the
time required by this section, then such certificate shall be null
and void.
3. If plans and specifications are submitted, the Department
shall approve or disapprove such plans and specifications within
thirty (30) days of the filing or such plans and specifications
shall be presumed to be approved.
4. If the Department disapproves the plans and specifications,
such disapproval shall include a detailed statement of the
corrections needed.
5. The State Board of Health shall provide by rule the review
process and time deadlines not exceeding twelve (12) months for
approval or disapproval and resubmittal of initial, final and
corrected plans and specifications. The applicant’s failure to meet
the review process deadlines promulgated by the Board shall render
the certificate of need void.
6. The applicant must begin construction of the structure
within twelve (12) months following the approval of the final plans
and specifications and must proceed to complete the structure within
eighteen (18) months of the approval from the beginning of
construction or the certificate will be canceled. However, the
Department may extend such completion day by a period not to exceed
twenty-four (24) months for good cause upon the applicant’s
demonstration that the applicant has made a good faith effort to
complete the structure or modifications and that the delay is
unlikely to result in harm to the population to be served by the
applicant.
B. A certificate of need issued pursuant to the provisions of
this act for the acquisition of a long-term care facility shall be
valid for a period of six (6) months by which time the acquisition
must be finalized, provided that the Department may extend such
final date by a period not to exceed twelve (12) months for good
cause.
C. Pending the appeal of an order granting a certificate of
need in the district or Supreme Court, the effective dates of
deadlines for submitting plans, filing reports, completion of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 506
project and other requirements related to such project shall
commence on the date of a final judicial determination of any such
appeal, and any certificate of need which has been approved by the
Department shall remain in effect pending such appeal. The
effective date of the issuance of a certificate of need shall be the
date of a final judicial determination of any such appeal. The
provisions of this subsection shall have prospective and
retrospective application.
Added by Laws 1971, c. 64, § 7, emerg. eff. April 8, 1971. Amended
by Laws 1980, c. 188, § 7, eff. July 1, 1980; Laws 1986, c. 149, §
17, emerg. eff. April 29, 1986; Laws 1987, c. 225, § 46, eff. July
5, 1987; Laws 1989, c. 227, § 13; Laws 2002, c. 230, § 2, eff. Nov.
1, 2002; Laws 2004, c. 436, § 7, emerg. eff. June 4, 2004.
§63-1-857.1. Rules and regulations - Oaths - Reports.
A. The State Board of Health shall promulgate such rules as are
necessary to implement the provisions of the Long-term Care
Certificate of Need Act and meet the requirements of federal
regulations. The State Department of Health may administer oaths at
any hearing or investigation conducted pursuant to the Long-term
Care Certificate of Need Act, and receive federal grant or contract
funds by complying with the requirements therefor.
B. The Department shall post on the Department’s Internet site
a monthly report which shall include the status of each review
currently being conducted, the reviews completed since the last
report issued, and a general statement of the findings and decisions
made in the course of these reviews.
Added by Laws 1980, c. 188, § 8, eff. July 1, 1980. Amended by Laws
2004, c. 436, § 8, emerg. eff. June 4, 2004.
§63-1-857.2. Decision granting or denying certificate of need for
new long-term care facility - Written findings of facts, conclusions
of law and explanations required.
The Department is hereby directed, with respect to any decision
granting or denying a certificate of need for a new long-term care
facility, to issue in writing findings of fact, conclusions of law,
and explanations of any other pertinent considerations, including
precedents, upon which such decision is based. The Department shall
be allowed forty-five (45) days within which to issue a formal order
and opinion to the applicant and any parties opposed to the
application after the conclusion of the hearing, or after the
submission of additional evidence or briefs requested by the
Department.
Added by Laws 1988, p. 1896, S.J.R. No. 49, § 5. Amended by Laws
1989, c. 227, § 14.
Oklahoma Statutes - Title 63. Public Health and Safety Page 507
§63-1-857.4. Repealed by Laws 2004, c. 436, § 14, emerg. eff. June
4, 2004.
§63-1-857.6. Oklahoma Health Planning Commission - Abolition -
Transfer of funds, property, etc.
A. The Oklahoma Health Planning Commission is hereby abolished,
and the powers, duties and responsibilities exercised by such
Commission pursuant to law are hereby transferred to the State
Department of Health and the State Commissioner of Health. All
unexpended funds, property, records, personnel and any outstanding
financial obligations and encumbrances of such office are hereby
transferred to the State Department of Health and the State
Commissioner of Health.
B. The Director of the Office of Management and Enterprise
Services is hereby directed to coordinate the transfer of funds,
allotments, purchase orders, outstanding financial obligations or
encumbrances provided for in this section.
C. Any application for a certificate of need which was duly
filed with the Oklahoma Health Planning Commission prior to the
effective date of the Long-term Care Certificate of Need Act or the
Psychiatric and Chemical Dependency Facility Certificate of Need Act
shall be reviewed and approved or disapproved pursuant to criteria
and procedures in effect at the time such application was filed.
Any application for Certificate of Need not scheduled for review at
the regularly scheduled June, 1989, Commission meeting or by the
Director before July 1, 1989, shall be considered to have been duly
filed with the State Department of Health. In all appellate
matters, including but not limited to reconsideration and remand,
the Department shall be considered as the Commission.
D. The rules of the Oklahoma Health Planning Commission in
effect on July 1, 1989, shall be enforceable by the State Department
of Health and shall remain effective until the adoption of new rules
by the State Board of Health.
E. Any references to the Oklahoma Health Planning Commission in
the Oklahoma Statutes shall be construed to refer to the State
Department of Health.
Added by Laws 1989, c. 301, § 12, operative July 1, 1989. Amended
by Laws 2012, c. 304, § 486.
§63-1-858. Penalties.
A. Any person who offers or develops or begins to offer or
develop a long-term care facility without having first obtained a
certificate of need, as provided by the Long-term Care Certificate
of Need Act, shall be deemed guilty of a misdemeanor, and upon
conviction shall be punishable by payment of a fine of not less than
One Thousand Dollars ($1,000.00) and not more than Five Thousand
Dollars ($5,000.00).
Oklahoma Statutes - Title 63. Public Health and Safety Page 508
B. If the State Department of Health, through one of its agents
or representatives, notifies in writing, through certified mail,
return receipt requested, the person who has unlawfully commenced
the offering or development of a long-term care facility to cease
and desist, then each day that such person continues such offering
or development shall be a separate offense. If any person continues
to offer or develop an institutional health service after the
issuance of a cease and desist order, the Department shall seek an
injunction to prohibit the continued offering or development.
Added by Laws 1971, c. 64, § 8, emerg. eff. April 8, 1971. Amended
by Laws 1980, c. 188, § 9, eff. July 1, 1980; Laws 1989, c. 227, §
17, operative July 1, 1989; Laws 2004, c. 436, § 9, emerg. eff. June
4, 2004.
§63-1-859. Provisions as supplemental.
The provisions of this act shall be supplemental to any other
law of this state relating to the offering and development of long-
term care service, and shall repeal only those laws in direct
conflict herewith.
Laws 1971, c. 64, § 9, emerg. eff. April 8, 1971; Laws 1980, c. 188,
§ 10, eff. July 1, 1980.
§63-1-859.1. Volunteer program.
The State Department of Health is authorized to create a
volunteer program for long-term care facilities. The Department may
promote, develop, train and manage volunteers related to long-term
care needs.
Added by Laws 2001, c. 410, § 20, eff. Nov. 1, 2001.
§63-1-860.1. Short title.
Sections 1 through 16 of this act shall be known and may be
cited as the "Oklahoma Hospice Licensing Act".
Added by Laws 1991, c. 217, § 1, eff. Sept. 1, 1991.
§63-1-860.2. Definitions.
As used in the Oklahoma Hospice Licensing Act:
1. "Board" means the State Board of Health;
2. "Department" means the State Department of Health;
3. "Hospice program" means a centrally administered, nonprofit
or profit, medically directed, nurse-coordinated program which
provides a continuum of home and inpatient care for the terminally
ill patient and the patient's family. A hospice program offers
palliative and supportive care to meet the special needs arising out
of the physical, emotional and spiritual stresses experienced during
the final stages of illness and during dying and bereavement. This
care is available twenty-four (24) hours a day, seven (7) days a
week, and is provided on the basis of need, regardless of ability to
Oklahoma Statutes - Title 63. Public Health and Safety Page 509
pay. "Class A" Hospice refers to Medicare certified hospices.
"Class B" refers to all other providers of hospice services;
4. "Hospice interdisciplinary team" or "hospice team" means a
unit composed of professionals and lay persons, as specified by the
Oklahoma Hospice Licensing Act, who provide hospice care;
5. "Hospice patient/family" means the hospice patient's
immediate kin, including a spouse, brother, sister, child, parent or
other persons with significant personal ties to the hospice patient,
who may be designated by members of the hospice patient/family;
6. "Hospice services" means those services furnished to a
patient by a hospice or by other persons, pursuant to arrangements
with such hospice, in a place of temporary or permanent residence
used as the home of the terminally ill patient for the purpose of
maintaining the patient at home. Should a patient require short-
term institutionalization, such hospice services shall be furnished
in cooperation with those contracted institutions or in a hospice
inpatient facility. Such services may include, but need not be
limited to, bereavement, palliative, personal care and such other
services as are provided by nurses, physicians, home health aides,
physical therapists, counselors, psychologists, social workers and
volunteers. Services provided by a hospital, nursing home or other
health care provider shall not constitute hospice services unless
such hospital, nursing home or other health care provider is
licensed as a hospice program;
7. "Medical advisor" means a physician licensed pursuant to the
laws of this state who is commissioned as a medical advisor by a
hospice for the purpose of providing ongoing palliative care as a
member of a hospice team;
8. "Palliative services" means the care or treatment given to a
patient by a hospice team for the reduction or abatement of pain and
other symptoms attendant to the patient’s condition;
9. "Patient" means a terminally ill person receiving hospice
services;
10. "Terminally ill" means a medical prognosis of limited life
expectancy of one (1) year or less at the time of referral to a
hospice of a person who is experiencing an illness for which
therapeutic strategies directed toward cure and control of the
illness alone, outside the context of symptom control, are no longer
appropriate;
11. "Bereavement" means the period of time following death
during which survivors mourn a death and process their grief;
12. "Bereavement services" means support services offered to a
family during the bereavement period;
13. " Hospice inpatient facility" means a facility of a licensed
hospice program, with twelve or fewer beds, in which only hospice
services are provided;
Oklahoma Statutes - Title 63. Public Health and Safety Page 510
14. "Personal care" means services provided to a patient in a
home to meet the physical requirements and to accommodate the
maintenance or supportive needs of a patient;
15. "Medically directed" means the delivery of medical care as
directed by a medical advisor;
16. "Hospice home services" means hospice services provided
primarily in the home of a patient;
17. "Inpatient services" means hospice services provided to
patients who require twenty-four (24) hour supervision by a licensed
health care provider; and
18. "Health care provider" means a facility or institution
licensed by the laws of this state to provide on a regular basis
medical services, skilled nursing care, necessary dietary service,
hospice inpatient services or personal care. The term "health care
provider" includes, but is not limited to, hospice inpatient
facilities, hospitals, skilled nursing homes, intermediate care
facilities and residential care facilities.
Added by Laws 1991, c. 217, § 2, eff. Sept. 1, 1991. Amended by
Laws 1992, c. 236, § 1, emerg. eff. May 19, 1992; Laws 1997, c. 189,
§ 1, eff. Nov. 1, 1997; Laws 2003, c. 339, § 1, eff. Nov. 1, 2003.
§63-1-860.2a. Hospices exempt from act.
A public or private agency or person which establishes,
conducts, or maintains a hospice or holds itself out to the public
as a hospice is required by the Oklahoma Hospice Licensing Act, to
obtain a first-year or permanent license from the Department
pursuant to the Oklahoma Hospice Licensing Act.
Added by Laws 1992, c. 236, § 2, emerg. eff. May 19, 1992. Amended
by Laws 1997, c. 189, § 2, eff. Nov. 1, 1997; Laws 2005, c. 282, §
2, emerg. eff. June 6, 2005.
§63-1-860.3. Contents of hospice program.
Each hospice program shall consist of hospice home services and
may provide inpatient hospice services which afford the patient and
the family of the patient a range of hospice services which can be
tailored to specific needs and preferences of the patient and
family.
Added by Laws 1991, c. 217, § 3, eff. Sept. 1, 1991.
§63-1-860.4. Requirements and conditions for hospices - Hospice
teams - Records - Governing body - Administrators.
A. A hospice shall comply with the following:
1. A hospice shall coordinate its services with those of the
patient's primary or attending physician;
2. A hospice shall coordinate its services with professional
and nonprofessional services already in the community. A hospice
may contract for some elements of its services to a patient and
Oklahoma Statutes - Title 63. Public Health and Safety Page 511
family, provided direct patient care is maintained with the patient
and the hospice team so that overall coordination of services can be
maintained by the hospice team. The majority of hospice services
available through a hospice shall be provided directly by the
licensee. Any contract entered into between a hospice and health
care provider shall specify that the hospice retain the
responsibility for planning, coordinating and prescribing hospice
services on behalf of a hospice patient and the hospice patient's
family. No hospice may charge fees for services provided directly
by the hospice team which duplicate contractual services provided to
the patient or the patient's family;
3. The hospice team shall be responsible for coordination and
continuity between inpatient and home care aspects of care;
4. A hospice shall not contract with a health care provider or
another hospice that has or has been given a conditional license
within the last eighteen (18) months;
5. Hospice services shall provide a symptom control process, to
be provided by a hospice team skilled in physical and psychosocial
management of distressing signs and symptoms;
6. Hospice care shall be available twenty-four (24) hours a
day, seven (7) days a week;
7. A hospice shall have a bereavement program which shall
provide a continuum of supportive and therapeutic services for the
family;
8. The unit of care in a hospice program shall be composed of
the patient and family;
9. A hospice program shall provide a continuum of care and a
continuity of care providers throughout the length of care for the
patient and to the family through the bereavement period;
10. A hospice program shall not impose the dictates of any
value or belief system on its patients and their families;
11. a. Admission to a hospice shall be upon the order of a
physician licensed pursuant to the laws of this state
and shall be dependent on the expressed request and
informed consent of the patient and family.
b. The hospice program shall have admission criteria and
procedures that reflect:
(1) the patient and family's desire and need for
service,
(2) the participation of the attending physician, and
(3) the diagnosis and prognosis of the patient.
c. (1) Any hospice or employee or agent thereof who
knowingly or intentionally solicits patients or
pays to or offers a benefit to any person, firm,
association, partnership, corporation or other
legal entity for securing or soliciting patients
for the hospice or hospice services in this
Oklahoma Statutes - Title 63. Public Health and Safety Page 512
state, upon conviction thereof, shall be guilty
of a misdemeanor and shall be punished by a fine
of not less than Five Hundred Dollars ($500.00)
and not more than Two Thousand Dollars
($2,000.00).
(2) In addition to any other penalties or remedies
provided by law:
(a) a violation of this section by a hospice or
employee or agent thereof shall be grounds
for disciplinary action by the State
Department of Health, and
(b) the State Department of Health may institute
an action to enjoin violation or potential
violation of this section. The action for
an injunction shall be in addition to any
other action, proceeding or remedy
authorized by law.
(3) This subparagraph shall not be construed to
prohibit:
(a) advertising, except that advertising which:
(i) is false, misleading or deceptive,
(ii) advertises professional superiority or
the performance of a professional
service in a superior manner, and
(iii) is not readily subject to verification,
and
(b) remuneration for advertising, marketing or
other services that are provided for the
purpose of securing or soliciting patients,
provided the remuneration is:
(i) set in advance,
(ii) consistent with the fair market value
of the services, and
(iii) not based on the volume or value of any
patient referrals or business otherwise
generated between the parties, and
(c) any payment, business arrangements or
payments practice not prohibited by 42
U.S.C., Section 1320a-7b(b), or any
regulations promulgated pursuant thereto.
(4) This paragraph shall not apply to licensed
insurers, including but not limited to group
hospital service corporations or health
maintenance organizations which reimburse,
provide, offer to provide or administer hospice
services under a health benefits plan for which
Oklahoma Statutes - Title 63. Public Health and Safety Page 513
it is the payor when it is providing those
services under a health benefits plan;
12. A hospice program shall develop and maintain a quality
assurance program that includes:
a. evaluation of services,
b. regular chart audits, and
c. organizational review; and
13. A hospice program shall be managed by an administrator
meeting the requirements as set forth in Section 1-862 of this
title.
B. A hospice team shall consist of, as a minimum, a physician,
a registered nurse, and a social worker or counselor, each of whom
shall be licensed as required by the laws of this state. The team
may also include clergy and such volunteers as are necessary to
provide hospice services. A registered nurse licensed pursuant to
the laws of this state shall be employed by the hospice as a patient
care coordinator to supervise and coordinate the palliative and
supportive care for patients and families provided by a hospice
team. Nothing in this section shall be construed as to require a
hospice to employ a certified home health aide in the provision of
hospice services so long as the hospice employs a certified nurse
aide.
C. 1. An up-to-date record of the services given to the
patient and family shall be kept by the hospice team. Records shall
contain pertinent past and current medical, nursing, social, and
such other information that is necessary for the safe and adequate
care of the patient and the family. Notations regarding all aspects
of care for the patient and family shall be made in the record.
When services are terminated, the record shall show the date and
reason for termination.
2. Information received by persons employed by or providing
services to a hospice, or information received by the State
Department of Health through reports or inspection shall be deemed
privileged and confidential information and shall not be disclosed
to any person other than the patient or the family without the
written consent of that patient, the patient's guardian or the
patient's family.
D. 1. A hospice program shall have a clearly defined and
organized governing body, which has autonomous authority for the
conduct of the hospice program.
2. The hospice program shall have an administrator who shall be
responsible for the overall coordination and administration of the
hospice program.
Added by Laws 1991, c. 217, § 4, eff. Sept. 1, 1991. Amended by
Laws 1997, c. 189, § 3, eff. Nov. 1, 1997; Laws 2015, c. 34, § 1,
eff. Nov. 1, 2015; Laws 2017, c. 77, § 1, eff. Nov. 1, 2017.
Oklahoma Statutes - Title 63. Public Health and Safety Page 514
§63-1-860.5. Department - Powers and duties.
The State Department of Health shall have the power and duty to:
1. Issue, renew, deny, modify, suspend and revoke first-year
and permanent licenses for hospice programs pursuant to the
provisions of the Oklahoma Hospice Licensing Act;
2. Establish and enforce standards and requirements for
licensure of hospice programs and require the submission of, and to
review, reports from any person establishing or operating a hospice
program;
3. Establish and enforce construction standards and other
requirements for hospice inpatient facilities; provided, however,
such standards and requirements shall comply with current Medicare
regulations for hospice inpatient facilities;
4. Establish a construction plan review fee for such
facilities; provided, however, the amount of such fee shall not
exceed the amount set by the Department for construction plan review
fees for hospitals;
5. Enter upon any public or private property, with permission,
for the purpose of inspecting and investigating conditions of the
patients in a hospice or for the purpose of inspecting and
investigating a hospice for compliance with the provisions of the
Oklahoma Hospice Licensing Act, or the standards or requirements for
licensure developed by the Department pursuant to the provisions of
the Oklahoma Hospice Licensing Act;
6. Employ or designate personnel to conduct investigations and
inspections, to make reports of the condition of hospices and the
patients of such hospices, and to take necessary action pursuant to
the provisions of the Oklahoma Hospice Licensing Act to protect and
safeguard the health, safety and welfare of patients of hospices;
7. Establish a procedure for receipt and investigation of
complaints regarding a hospice or concerning the condition, care and
treatment of a patient in the hospice;
8. Advise, consult and cooperate with other agencies of this
state, the federal government, other states and interstate agencies,
and with affected groups and political subdivisions to further the
purposes of the provisions of the Oklahoma Hospice Licensing Act;
9. Develop and enforce rules subject to the approval of the
State Board of Health to implement the provisions of the Oklahoma
Hospice Licensing Act;
10. Establish and enforce penalties for violations of the
provisions of the Oklahoma Hospice Licensing Act as authorized by
the Board pursuant to the provisions of the Oklahoma Hospice
Licensing Act; and
11. Exercise all incidental powers as necessary and proper for
the administration of the Oklahoma Hospice Licensing Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 515
Added by Laws 1991, c. 217, § 5, eff. Sept. 1, 1991. Amended by
Laws 2003, c. 339, § 2, eff. Nov. 1, 2003; Laws 2005, c. 282, § 3,
emerg. eff. June 6, 2005.
§63-1-860.6. First-year or permanent license - Application - Plan
for delivery of services - Term and renewal of license - Conditional
license.
A. No public or private agency or person shall establish,
conduct or maintain a hospice program or hold itself out to the
public as a hospice program without first obtaining a first-year or
permanent license from the State Department of Health.
B. An application for a hospice program first-year or permanent
license shall be filed on a form prescribed by the Department and
shall be accompanied by:
1. The first-year or permanent license fee required by Section
1-860.15 of this title;
2. Documentation of complete disclosure for the applicant which
shall include, but not be limited to, the name, mailing address and
finding address of every stockholder with at least five percent (5%)
ownership interest in the hospice program;
3. Satisfactory proof that the hospice program is in compliance
with the provisions of the Oklahoma Hospice Licensing Act and any
rules and minimum standards promulgated by the State Board of Health
pursuant to the Oklahoma Hospice Licensing Act; and
4. Proof of sufficient financial ability to operate and conduct
the hospice program in accordance with the requirements of the
Oklahoma Hospice Licensing Act.
C. The initial application shall be accompanied by a plan for
the delivery of home and inpatient hospice services to patients and
their families. Such plan shall contain, but not be limited to:
1. The estimated average number of patients to be served
monthly;
2. The geographic area in which hospice services will be
available;
3. A listing of services which are or will be provided, either
directly by the applicant or through contractual arrangements with
existing health care providers;
4. Provisions for the implementation of hospice home care
within three (3) months of licensure;
5. The name and qualifications of any existing or potential
health care provider with whom the hospice program may enter into a
contract;
6. The projected annual operating cost of the hospice program;
and
7. The location and proposed construction drawings for any
hospice inpatient facility operated by the hospice program. A
Oklahoma Statutes - Title 63. Public Health and Safety Page 516
licensed hospice program shall not operate more than one hospice
inpatient facility.
D. Unless suspended or revoked, a first-year license issued for
the operation of a hospice program shall expire automatically one
(1) year from the date of issuance; provided, this provision shall
not apply if the Department has not completed a follow-up survey of
the hospice program. The Department may renew a first-year license
for up to one (1) additional year beyond the expiration date if the
applicant has complied with the provisions of the Oklahoma Hospice
Licensing Act and the rules promulgated by the Board for the
operation of a hospice program under a first-year license.
E. Unless suspended or revoked, a permanent license issued for
the operation of a hospice program shall expire automatically one
(1) year from the date of issuance. At least sixty (60) days prior
to the expiration date, an application for license renewal shall be
submitted to the Department on forms furnished by the Department.
The license shall be renewed if the applicant has complied with the
provisions of the Oklahoma Hospice Licensing Act and all rules
promulgated by the Board pursuant to the provisions of the Oklahoma
Hospice Licensing Act. The application for license renewal shall be
accompanied by an update of the plan for delivery of hospice
services only if information contained in the plan submitted
pursuant to subsection C of this section is no longer applicable.
F. A hospice program for which a revocation or suspension
proceeding is pending at the time of license renewal may be issued a
conditional license effective until final disposition by the
Department of such proceeding. If judicial relief is sought from
the final disposition, the court having jurisdiction may issue a
conditional permit for the duration of the judicial proceeding.
G. The license shall:
1. Be displayed in a conspicuous place inside the hospice
program office;
2. Be valid only in the possession of the person or public
agency to which it is issued;
3. Not be subject to sale, assignment, or other transfer,
voluntary or involuntary;
4. Not be valid for any hospice program other than the hospice
program for which the license was originally issued; and
5. Restrict the number of patients in a hospice inpatient
facility to the Department-approved occupancy level for each
facility.
H. Any person who, prior to January 1, 1991, provided hospice
services to any patient shall be entitled to operate as a hospice
program pursuant to the provisions of the Oklahoma Hospice Licensing
Act without making application and obtaining a license pursuant to
the provisions of the Oklahoma Hospice Licensing Act for one (1)
year after September 1, 1991, provided such person otherwise
Oklahoma Statutes - Title 63. Public Health and Safety Page 517
complies with the provisions of the Oklahoma Hospice Licensing Act
and all rules promulgated by the Board pursuant to the act.
Thereafter any person providing hospice services shall make
application, obtain a license, and comply with the provisions of the
Oklahoma Hospice Licensing Act and all rules promulgated by the
Board pursuant to the act.
Added by Laws 1991, c. 217, § 6, eff. Sept. 1, 1991. Amended by
Laws 1992, c. 236, § 3, emerg. eff. May 19, 1992; Laws 1996, c. 231,
§ 1, eff. July 1, 1996; Laws 2003, c. 339, § 3, eff. Nov. 1, 2003;
Laws 2005, c. 282, § 4, emerg. eff. June 6, 2005.
§63-1-860.7. Patient care when patient unable to pay.
A hospice shall not discontinue or diminish care provided to a
patient already in its care because of the patient's inability to
pay for the care.
Added by Laws 1991, c. 217, § 7, eff. Sept. 1, 1991.
§63-1-860.8. Inspections and investigations.
Any duly authorized officer or employee of the Department shall
have the right to conduct such inspections and investigations as are
necessary in order to determine the state of compliance with the
provisions of the Oklahoma Hospice Licensing Act and with the rules
and regulations in force pursuant hereto. The right of inspection
shall also extend to any person who the Department has reason to
believe is offering or advertising hospice service without a
license. Any application for a license or renewal thereof made
pursuant to the Oklahoma Hospice Licensing Act shall constitute
authorization for any inspection of the hospice for which the
license is sought in order to facilitate verification of the
information submitted on or in connection with the application.
Added by Laws 1991, c. 217, § 8, eff. Sept. 1, 1991.
§63-1-860.9. Denial, refusal to renew, suspension or revocation of
license.
A. After notice and hearing pursuant to the provisions of
Section 1-860.10 of this title, the State Department of Health may:
1. Deny a first-year or permanent license to an applicant who
does not meet the requirements for licensure pursuant to the
provisions of the Oklahoma Hospice Licensing Act;
2. Refuse to renew, suspend or revoke a first-year or permanent
license to a hospice which is not in compliance with the provisions
of the Oklahoma Hospice Licensing Act or with the rules promulgated
by the State Board of Health pursuant to the provisions of the
Oklahoma Hospice Licensing Act;
3. Deny, refuse to renew, suspend or revoke a first-year or
permanent license to an applicant or hospice which has a history of
noncompliance or incomplete or partial compliance with the
Oklahoma Statutes - Title 63. Public Health and Safety Page 518
provisions of the Oklahoma Hospice Licensing Act or with the rules
promulgated by the Board pursuant to the Oklahoma Hospice Licensing
Act, or for which there is other satisfactory evidence which
demonstrates that the applicant or hospice is unlikely to provide
care or treatment to the patients in the care of the hospice in a
manner which warrants public trust;
4. Deny, refuse to renew, suspend or revoke a first-year or
permanent license to an applicant or hospice which has insufficient
financial or other resources to the extent that the applicant or
hospice is incapable of ensuring or providing adequate care or
treatment to the patients; or
5. Assess administrative penalties pursuant to Article II of
the Administrative Procedures Act.
B. Any of the following actions by a hospice or any of its
employees shall be grounds for action by the Department against a
hospice:
1. A violation of the provisions of the Oklahoma Hospice
Licensing Act or of any of the rules promulgated thereto; or
2. An intentional or negligent act materially affecting the
health or safety of a patient.
Added by Laws 1991, c. 217, § 9, eff. Sept. 1, 1991. Amended by
Laws 1996, c. 231, § 2, eff. July 1, 1996; Laws 2005, c. 282, § 5,
emerg. eff. June 6, 2005.
§63-1-860.9a. Violations - Administrative fines.
A. Any person who has been determined by the State Department
of Health to have violated any provision of the Oklahoma Hospice
Licensing Act or any rule or order of the State Board of Health
issued pursuant thereto may be assessed an administrative fine of
not less than Fifty Dollars ($50.00) nor more than One Thousand
Dollars ($1,000.00) for each day that the violation continues. The
maximum administrative fine shall not exceed Ten Thousand Dollars
($10,000.00) for any related series of violations that do not
constitute immediate jeopardy to residents. A fine of not less than
Five Hundred Dollars ($500.00) per day nor more than Two Thousand
Five Hundred Dollars ($2,500.00) per day may be assessed for any
violation constituting immediate jeopardy to residents.
B. The amount of the fine shall be assessed by the Department,
pursuant to the provisions of subsection A of this section, after
notice and hearing. In determining the amount of the fine, the
Department shall include, but not be limited to, consideration of:
1. The nature, circumstances, and gravity of the violation;
2. The repetitive nature of the violation by the hospice or by
other hospices operated by the same entity;
3. The previous degree of difficulty in obtaining compliance
with the Oklahoma Hospice Licensing Act or the rules promulgated
pursuant thereto; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 519
4. With respect to the person found to have committed the
violation, the degree of culpability and evidence of a substantial
show of good faith by such person in attempting to achieve
compliance with the provisions of the Oklahoma Hospice Licensing
Act.
C. Any license holder may elect to surrender the first-year or
permanent license of such holder in lieu of such fine but shall be
forever barred from obtaining a reissuance of the license or any
other license issued pursuant to the Oklahoma Hospice Licensing Act.
Added by Laws 1996, c. 231, § 3, eff. July 1, 1996. Amended by Laws
2005, c. 282, § 6, emerg. eff. June 6, 2005.
§63-1-860.10. Complaints - Notice - Hearing - Orders - Service of
order or other instrument.
A. If upon inspection or investigation, or whenever the
Department determines that there are reasonable grounds to believe
that a hospice is operating in violation of the Oklahoma Hospice
Licensing Act, or any rule promulgated pursuant to the Oklahoma
Hospice Licensing Act, or any order of the Department pursuant to
the Act, the Department shall give written notice to the alleged
violator specifying the cause of complaint. Such notice shall
require that the matters complained of be corrected within forty-
five (45) days or that the alleged violator appear before the
Department at a time and place specified in the notice and answer
charges. The notice shall be delivered to the alleged violator in
accordance with the provisions of the Administrative Procedures Act,
Section 301 et seq. of Title 75 of the Oklahoma Statutes.
B. The Department shall give the notice specified by the
provisions of subsection A of this section within ten (10) days of
an inspection or investigation of the hospice if the Department
determines that the hospice is in violation of the Oklahoma Hospice
Licensing Act, the rules promulgated by the Board pursuant to the
Oklahoma Hospice Licensing Act, or any order of the Department
pursuant to the Act.
C. The Department shall afford the alleged violator an
opportunity for a fair hearing within sixty (60) days of receipt of
notice provided by subsection A of this section in accordance with
the provisions of the Administrative Procedures Act, Section 301 et
seq. of Title 75 of the Oklahoma Statutes. On the basis of the
evidence produced at the hearing, the Department shall make findings
of fact and conclusions of law and enter an order thereon. The
Department shall give written notice of such order to the alleged
violator and to such persons as shall have appeared at the hearing
and made written request for notice of the order. If the hearing is
held before any person other than the Department, such person shall
transmit the record of the hearing together with recommendations for
findings of fact and conclusions of law to the Department which
Oklahoma Statutes - Title 63. Public Health and Safety Page 520
shall thereupon enter its order. The Department may enter its order
on the basis of such record or, before issuing its order, may
require additional hearings or further evidence to be presented.
The order of the Department shall become final and binding on all
parties unless appealed to the Supreme Court as provided in the
Administrative Procedures Act, Section 301 et seq. of Title 75 of
the Oklahoma Statutes, within thirty (30) days after notice has been
sent to the parties.
D. Except as otherwise expressly provided by law, any notice,
order, or other instrument issued by or pursuant to authority of the
Department may be served on any person affected thereby personally,
by publication, or by mailing a copy of the notice, order, or other
instrument by certified mail, return receipt requested, directed to
the person affected at his last-known post office address as shown
by the files or records of the Department. Proof of service shall
be made as in the case of service of a summons or by publication in
a civil action or may be made by the affidavit of the person who did
the mailing. Such proof of service shall be kept on file in the
Department.
E. The hearings authorized by this section may be conducted by
the Department. The Department may designate hearing officers who
shall have the power and authority to conduct such hearings in the
name of the Department at any time and place. Such hearings shall
be conducted in conformity with and records made thereof as provided
by the provisions of the Administrative Procedures Act, Section 301
et seq. of Title 75 of the Oklahoma Statutes.
Added by Laws 1991, c. 217, § 10, eff. Sept. 1, 1991.
§63-1-860.11. Appeals.
A. 1. Final orders of the Department may be appealed to the
Supreme Court of Oklahoma pursuant to this section and the
Administrative Procedures Act, Section 301 et seq. of Title 75 of
the Oklahoma Statutes, by any party directly affected or aggrieved
by the order.
2. An appeal shall be commenced by filing with the clerk of the
Supreme Court, within thirty (30) days from the date of the order or
decision, a petition in error with a copy of the order or decision
appealed from. The time limit prescribed herein for filing the
petition in error may not be extended. The manner of perfection of
the record of the proceedings to be reviewed and the time for its
completion shall be in accordance with rules prescribed by the
Supreme Court.
3. The appeal shall not stay the execution of any order or
decision of the Department unless the Supreme Court, for cause
shown, shall order that said decision or order be stayed pending
such appeal pursuant to Section 319 of Title 75 of the Oklahoma
Statutes.
Oklahoma Statutes - Title 63. Public Health and Safety Page 521
4. The Court shall give great weight to findings made and
inferences drawn by the Department on questions of fact. The Court
may affirm the decision or remand the case for further proceedings.
Additionally, the Court may reverse or modify the decision if
substantial rights of the appellant have been prejudiced because the
findings, inferences or conclusions are not supported by substantial
evidence in the record.
B. If an appeal pursuant to subsection A of this section is not
made by the person to whom such an order is directed within thirty
(30) days after notice has been sent to the parties, the order of
the Department shall become final and binding on all parties and
shall be docketed with the district court in the county of the
residence of the violator, or the district court in the county in
which the violation occurred. The order shall be enforced in the
same manner as an order of the district court.
Added by Laws 1991, c. 217, § 11, eff. Sept. 1, 1991.
§63-1-860.12. Attorney General - Equitable relief.
The Department may request the Attorney General to bring an
action in a court of competent jurisdiction for equitable relief to
redress or restrain a violation by any person of a provision of the
Oklahoma Hospice Licensing Act or any rule promulgated thereto or
order issued pursuant to the provisions of the Oklahoma Hospice
Licensing Act.
Added by Laws 1991, c. 217, § 12, eff. Sept. 1, 1991.
§63-1-860.13. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
2013.
§63-1-860.14. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
2013, without reference to the amendment in Laws 2013, c. 229, § 57
which read as follows:
§63-1-860.14. Annual report on the improvement of hospice care.
The Department shall publish and distribute an annual
report of its activities and any recommendations for the
improvement of services and care and treatment to hospice
patients on or before January 1 of each year to the
Governor and to the Commissioner of Health.
§63-1-860.15. Fees.
A. The State Department of Health, subject to the approval of
the State Board of Health, shall prescribe and publish in the manner
established by its rules, fees in the amounts determined by the
Board for the following:
1. Initial application fee;
2. First-year license fee;
3. Permanent license fee;
Oklahoma Statutes - Title 63. Public Health and Safety Page 522
4. Renewal of permanent license fee; and
5. Late renewal fee charges.
B. Such fees may only be established or amended by the Board
during such times as the Legislature is in session.
C. Fees specified in this section are not subject to the fee
limitations provided in paragraph 2 of subsection A of Section 1-
106.1 of this title.
Added by Laws 1991, c. 217, § 15, eff. Sept. 1, 1991. Amended by
Laws 2003, c. 339, § 4, eff. Nov. 1, 2003; Laws 2005, c. 282, § 7,
emerg. eff. June 6, 2005; Laws 2006, c. 187, § 1, eff. Nov. 1, 2006.
§63-1-860.16. Hospice Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health, to be designated the "Hospice
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Department, from any monies received as a result of fees
received pursuant to the provisions of the Oklahoma Hospice
Licensing Act and any monies appropriated to the fund by law. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the Department to effectuate the
provisions of the Oklahoma Hospice Licensing Act. Expenditures from
said 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 1991, c. 217, § 16, eff. Sept. 1, 1991. Amended by
Laws 2012, c. 304, § 487.
§63-1-862. Continuing education requirements for administrators.
A. All administrators operating a hospice program in this state
shall be required to complete eight (8) hours of continuing
education each calendar year.
B. The State Board of Health shall promulgate rules concerning
the qualifications of continuing education courses for
administrators of hospice programs. Courses shall consist of a
minimum of forty-five (45) minutes in length and may be completed
either in person or online. Two (2) of the eight (8) hours shall be
composed of ethics, and membership in a statewide organization
relating to hospice care shall be considered as completion of one
(1) hour of ethics credit each year. The Board may collaborate with
statewide organizations specializing in the administration of
hospice care to develop the qualifications provided for in this
subsection.
C. A hospice program shall be responsible for maintaining
records demonstrating its administrator has completed the required
Oklahoma Statutes - Title 63. Public Health and Safety Page 523
continuing education. The State Department of Health may request
copies of such records at any time.
Added by Laws 2015, c. 34, § 2, eff. Nov. 1, 2015.
§63-1-865.1. Sheltered Workshop Act.
A. This act shall be known and may be cited as the “Sheltered
Workshop Act”.
B. The Sheltered Workshop Act allows individuals with
developmental disabilities opportunities to participate in
meaningful work or training activities. Each workshop will be
licensed and provide a safe environment.
Added by Laws 2011, c. 65, § 1, eff. Nov. 1, 2011.
§63-1-865.2. Definitions.
As used in the Sheltered Workshop Act:
1. “Community services worker” means any person who:
a. contracts with the Oklahoma Health Care Authority to
provide specialized foster care, habilitation training
specialist services, or homemaker services to persons
with developmental disabilities,
b. is not a licensed health professional, and
c. is employed by or under contract with a community
services provider to provide for compensation or as a
volunteer the following:
(1) health-related services,
(2) training, or
(3) supportive assistance;
2. “Contract” means the binding legal agreement to provide
sheltered workshop services, entered into between the provider and
the Developmental Disabilities Services Division of the Department
of Human Services or the Oklahoma Health Care Authority;
3. “DDSD” means the Developmental Disabilities Services
Division of the Department of Human Services;
4. “Department” means the Department of Human Services;
5. “Developmental disability” means a severely chronic
disability of a person which:
a. is attributable to a physical or mental impairment or
a combination of physical or mental impairments,
b. is manifested before the person attains the age of
twenty-two (22) years,
c. is likely to continue indefinitely,
d. results in substantial functional limitations in three
or more of the following areas of major life activity:
(1) self-care,
(2) receptive and expressive language,
(3) learning,
(4) mobility,
Oklahoma Statutes - Title 63. Public Health and Safety Page 524
(5) self-direction,
(6) capacity for independent living, or
(7) economic self-sufficiency, and
e. reflects the need of the person for a combination and
sequence of special interdisciplinary or generic care,
treatment or other services which are of lifelong or
extended duration and are individually planned and
coordinated;
6. “Director” means the Director of Human Services;
7. “Licensee” means a person, corporation, partnership, limited
liability company, or association operating a sheltered workshop
which is licensed pursuant to the provisions of the Sheltered
Workshop Act;
8. “Provider” means a person, corporation, partnership, limited
liability company, association, or other entity that contracts with
the Developmental Disabilities Services Division of the Department
of Human Services or the Oklahoma Health Care Authority to operate a
sheltered workshop for persons with developmental disabilities;
9. “Service recipient” means a person participating in the
sheltered workshop; and
10. “Sheltered workshop” means a facility, or any portion
thereof, operated by a nonprofit organization, corporation,
partnership, limited liability company or association whose purpose
is to provide meaningful work or training activities to individuals
with developmental disabilities and holds a current certificate
under Section 14c of the Fair Labor Standards Act by the Wage and
Hour Division, U.S. Department of Labor.
Added by Laws 2011, c. 65, § 2, eff. Nov. 1, 2011.
§63-1-865.3. Department of Human Services – Powers and duties –
Sheltered workshops.
A. The Department of Human Services shall have the power and
duty to:
1. Enforce any provision of the Sheltered Workshop Act;
2. Issue, renew, deny, modify, suspend, and revoke licenses for
sheltered workshops pursuant to the provisions of the Sheltered
Workshop Act; provided, however, providers of sheltered workshop
services that have a contract with the Developmental Disabilities
Services Division of the Department of Human Services or the
Oklahoma Health Care Authority to provide sheltered workshop
services as of November 1, 2011, shall be deemed to be licensed,
subject to the continuing requirements of the Sheltered Workshop
Act;
3. Establish and enforce standards and requirements for
licensure and operation of sheltered workshops that are subject to
the provisions of the Sheltered Workshop Act and require the
Oklahoma Statutes - Title 63. Public Health and Safety Page 525
submission of, and to review, reports from any person establishing
or operating a sheltered workshop;
4. Enter upon any public or private property for the purpose of
inspecting and investigating conditions of the sheltered workshop
for compliance with the provisions of the Sheltered Workshop Act, or
the standards and requirements for licensure and operation of
sheltered workshops developed by the Department pursuant to the
provisions of the Sheltered Workshop Act;
5. Employ or designate personnel to conduct investigations and
inspections, to make reports of the condition of sheltered
workshops, and to take necessary action pursuant to the provisions
of the Sheltered Workshop Act to protect and safeguard the health,
safety, and welfare of service recipients;
6. Advise, consult, and cooperate with other agencies of this
state, the federal government, other states and interstate agencies,
and with affected groups and political subdivisions to further the
purposes of the Sheltered Workshop Act;
7. Investigate, request or otherwise obtain the information
necessary to determine the qualifications and background of an
applicant for licensure or contract;
8. Provide the sheltered workshop thirty (30) days written
notice that its license is to be suspended or revoked, and shall
take action at the end of that time if the sheltered workshop
remains out of compliance. However, if the health and safety of
service recipients is threatened, the suspension or revocation shall
be effective immediately and the sheltered workshop shall be closed;
9. Notify holders of suspended or revoked licenses that they
shall be entitled to a hearing before Department licensure officials
if requested within ten (10) days of their notification. The
hearing shall be held at least ten (10) days before final action is
taken and conducted pursuant to the Administrative Procedures Act;
and
10. Reinstate suspended licenses if deficiencies are corrected
within a time frame established by the Department.
B. The Department of Human Services shall develop rules
establishing minimum standards for sheltered workshops. These
standards, at minimum, shall regulate:
1. Physical plant expectations to include physical facilities,
ventilation, and accessibility;
2. Staffing requirements;
3. Staff training;
4. Staff qualifications; and
5. Service recipient records.
Added by Laws 2011, c. 65, § 3, eff. Nov. 1, 2011.
§63-1-865.4. License renewal – Application requirements.
Oklahoma Statutes - Title 63. Public Health and Safety Page 526
A. A license shall expire twelve (12) months from the date of
issuance, unless revoked, and may be renewed annually by the
Department of Human Services pursuant to the provisions of the
Sheltered Workshop Act. All licenses shall be on a form prescribed
by the Director of Human Services, and shall include, but not be
limited to, the kind of program the licensee is certified to
operate, the date the license was issued, and the expiration date of
the license. The provisions of the license shall require that the
license shall:
1. Not be transferable or assignable except as authorized by
the provisions of the Sheltered Workshop Act;
2. Be available on the licensed premises; and
3. Be issued only for the premises named in the application,
and may be renewed for twelve-month periods upon application and
inspection, pursuant to the provisions of the Sheltered Workshop
Act.
B. An application shall be under oath and shall contain, but
not be limited to, the following information:
1. The name and address of the applicant or licensee. If the
applicant or licensee is a firm or partnership, the name and address
of each member thereof shall be included in the application. If the
applicant or licensee is a firm, partnership, limited liability
company, or corporation, the name and address of the firm,
partnership, limited liability company, or corporation and the name
and address of each member of the firm, major member of the limited
liability company or manager, major partner of the partnership, or
officer, major stockholder and registered agent of the corporation
shall be included in the application;
2. The name and address of the applicant or licensee if the
applicant or licensee is not the provider and is acting as agent for
the provider of sheltered workshop services or licensee;
3. The name and location of the sheltered workshop for which a
license is sought;
4. The name and administrator of the sheltered workshop;
5. The number for whom services are to be provided; and
6. A description of the program and the staffing pattern for
providing supports. In the case of an application for an initial
license, such description may be shown as the projected program and
staffing pattern.
C. 1. An applicant or licensee shall be twenty-one (21) years
of age or older and of reputable and responsible character. In
addition, the applicant or licensee shall have appropriate business
or professional experience.
2. No person who is ineligible for employment as a community
services worker in accordance with Section 1025.2 of Title 56 of the
Oklahoma Statues shall be eligible to be licensed or to receive a
contract to become a community services provider. If the applicant
Oklahoma Statutes - Title 63. Public Health and Safety Page 527
or licensee is a firm, partnership, limited liability company, or
corporation, the applicant shall not be eligible to be licensed or
to receive a contract if any member of the firm, any major member of
the limited liability company or manager, any major partner of the
partnership, or any officer or major stockholder of the corporation
is ineligible for employment as a community services worker in
accordance with Section 1025.2 of Title 56 of the Oklahoma Statutes.
D. The application for a license or renewal of a license shall
be accompanied by a statement of ownership which shall include the
following:
1. The name, address, telephone number, occupation or business
activity, business address, and business telephone number of the
owner of the sheltered workshop and of every person who owns the
building in which the sheltered workshop is located. If the owner
is a partnership, limited liability company, or corporation, the
name and address of each partner, major member of the limited
liability company, and stockholder with an ownership interest of
five percent (5%) or more shall be included in the statement; and
2. The name and address of any other sheltered workshop in
which the owner has a full or partial financial interest or, if the
applicant or licensee is a partnership, limited liability company,
or corporation, any other sheltered workshop in which the
partnership, limited liability company, or corporation has a full or
partial financial interest. The statement shall indicate whether
any other sheltered workshop wherein a full or partial financial
interest is held would, if located in this state, be required to be
licensed.
E. The Director or designee shall issue and renew licenses for
sheltered workshops which comply with the provisions of the
Sheltered Workshop Act and the standards and rules pursuant thereto.
Added by Laws 2011, c. 65, § 4, eff. Nov. 1, 2011.
§63-1-865.5. Sheltered workshop conditional license.
A. The Department of Human Services may issue a conditional
license to any sheltered workshop if the Department finds that a
violation exists in such sheltered workshop. The issuance of a
conditional license shall revoke any license held by the sheltered
workshop issued pursuant to the Sheltered Workshop Act.
B. Prior to the issuance of a conditional license, the
Department shall review and approve a written plan of correction.
The Department shall specify the violations which prevent issuance
of a regular license and shall establish a time schedule for
correction of the deficiencies. Retention of the license shall be
conditional on meeting the requirements of the plan of correction.
In the alternative or in addition to a conditional license, the
Director of the Department of Human Services may withhold vendor
payments due to a sheltered workshop under its programs until such
Oklahoma Statutes - Title 63. Public Health and Safety Page 528
time as the corrections are made or a plan of correction for all
deficiencies is approved by the Department.
C. Written notice of the decision to issue a conditional
license shall be sent to the sheltered workshop together with the
proposed plan of correction. The notice shall inform the sheltered
workshop of its right to an informal conference prior to issuance of
the conditional license and its right to a full hearing.
D. If the sheltered workshop desires to have an informal
conference it shall, within four (4) working days of receipt of
notice, send a written request for an informal conference to the
Department. The Department shall, within four (4) working days from
the receipt of the request, hold an informal conference. Following
the conference, the Department may affirm or overrule its previous
decision, or modify the terms of the conditional license and plan of
correction. The conditional license may be issued after the
informal conference or after the time for requesting an informal
conference has expired, prior to any further hearing.
Added by Laws 2011, c. 65, § 5, eff. Nov. 1, 2011.
§63-1-865.6. Sheltered workshop license - Transfer.
A. Except as provided in this section, a license to operate a
sheltered workshop subject to the provisions of the Sheltered
Workshop Act is not transferable. Operation of a sheltered workshop
may only be transferred:
1. With the prior written approval of the Director of the
Developmental Disabilities Services Division of the Department of
Human Services or designee; and
2. From the provider or licensee named in the application to
another provider who has a current license or is deemed licensed in
accordance with the requirements of the Sheltered Workshop Act.
B. The transferor shall remain responsible for the operation of
the sheltered workshop until the transfer is complete. The
transferor shall remain liable for all penalties assessed which are
imposed for violations occurring prior to transfer of operation.
Any citation, problems identified by the Developmental Services
Division prior to the transfer, or outstanding deficiencies
remaining after the transfer are the responsibility of the
transferee to correct.
Added by Laws 2011, c. 65, § 6, eff. Nov. 1, 2011.
§63-1-865.7. Sheltered workshop inspection - Notice.
A. Every sheltered workshop shall be inspected at least
annually by a duly appointed representative of the Department of
Human Services pursuant to rules promulgated by the Sheltered
Workshop Act.
B. The Department shall inspect, survey, and evaluate each
sheltered workshop to determine compliance with applicable licensure
Oklahoma Statutes - Title 63. Public Health and Safety Page 529
and program requirements and standards no less than annually and at
any time the Department deems necessary.
C. Any inspection, investigation, survey, or evaluation may be
conducted without prior notice. Any licensee or applicant for a
license shall be deemed to have given consent to any duly authorized
employee or agent of the Department to enter and inspect the
sheltered workshop in accordance with the provisions of the
Sheltered Workshop Act. Refusal to permit such entry or inspection
shall constitute grounds for the denial, nonrenewal, suspension or
revocation of a license.
D. The Department shall maintain a log, updated at least
monthly and available for public inspection, which shall at a
minimum detail:
1. The name of the sheltered workshop and date of inspection,
investigation, survey, or evaluation;
2. Any deficiencies, lack of compliance, or violation noted at
the inspection, investigation, survey, or evaluation;
3. The date a notice of violation, license denial, nonrenewal,
suspension, or revocation was issued or other enforcement action
occurred;
4. Proposed dates for the resolution of deficiencies;
5. The date corrections were completed, as verified by an
inspection; and
6. If the inspection or investigation was made pursuant to the
receipt of a complaint, the date such complaint was received and the
date the sheltered workshop was notified of the results of the
inspection or investigation.
Added by Laws 2011, c. 65, § 7, eff. Nov. 1, 2011.
§63-1-865.8. Criminal history records – Criminal background check -
Confidentiality.
A. Providers or licensees are required to conduct a search of
criminal history records and the Oklahoma Department of Human
Services Community Services Worker Registry (Registry) prior to
permanent employment of any community services worker. The provider
or licensee shall not hire, contract with, or use as a volunteer, a
person whose name is listed in the Registry or who has a criminal
background if the Oklahoma State Bureau of Investigation search
reveals that the applicant has been convicted, pled guilty, or pled
nolo contendere to misdemeanor assault and battery or any felony.
The provider or licensee shall immediately cancel any temporary
employment arrangement with a person whose name is listed in the
Registry or whose background check reveals disqualifying violations
of law. If a provider or licensee requests a waiver, the community
service worker shall not work directly with service recipients until
the provider receives a written decision by the Department.
Oklahoma Statutes - Title 63. Public Health and Safety Page 530
B. At the request of a provider or licensee, a criminal
background check search may be conducted on any person employed by
the employer, including those persons excluded in subsection A of
this section, at any time during the period of employment of such
person. If the results of a criminal background check reveal the
person has been convicted, pled guilty, or pled nolo contendere to
misdemeanor assault and battery or any felony, the provider or
licensee shall immediately terminate the person’s employment or
contract.
C. All criminal records received by the employer are
confidential and are for the exclusive use of the Department and the
employer which requested the information. Except upon court order,
or with the written consent of the person being investigated, the
records shall not be released or otherwise disclosed to any other
person or agency. These records shall be destroyed after one (1)
year from the end of employment of the person to whom such records
relate.
Added by Laws 2011, c. 65, § 8, eff. Nov. 1, 2011.
§63-1-866.1. Definitions.
As used in this section:
1. "Assisted living center" means any home or establishment
offering, coordinating, or providing services to two or more persons
who:
a. are domiciled therein,
b. are unrelated to the operator,
c. by choice or functional impairments, need assistance
with personal care or nursing supervision,
d. may need intermittent or unscheduled nursing care,
e. may need medication assistance, and
f. may need assistance with transfer and/or ambulation;
2. "Consumer" means an individual seeking a referral to an
assisted living center or continuum of care facility on behalf of
themselves or someone else as a representative;
3. "Continuum of care facility" means a home, establishment, or
institution providing nursing facility services as defined in
Section 1-1902 of Title 63 of the Oklahoma Statutes and one or both
of the following:
a. assisted living center services as defined in the
Continuum of Care Assisted Living Act, and
b. adult day care center services as defined in Section
1-872 of Title 63 of the Oklahoma Statutes;
4. "Fee" means a commission paid to an individual or entity in
exchange for referring a consumer to an assisted living center or
continuum of care facility which results in a resident move-in;
5. "Referral" means identifying and referring a consumer to an
assisted living center or continuum of care facility to facilitate
Oklahoma Statutes - Title 63. Public Health and Safety Page 531
an evaluation, in consultation with the community, of whether the
assisted living center or continuum of care facility is a suitable
option for the consumer;
6. "Referral agency" means an entity that provides referrals to
assisted living centers or continuum of care facilities for a fee
collected from a consumer or an assisted living center or continuum
of care facility. The term does not include:
a. an assisted living center or continuum of care
facility, its owners, or any of its employees or
contractors in their individual capacity, or
b. a resident or resident's family member who refers a
consumer to the assisted living center or continuum of
care facility regardless of whether that individual
receives a discount or other remuneration from the
assisted living center or continuum of care facility.
Added by Laws 2024, c. 58, § 1, eff. Nov. 1, 2024.
§63-1-866.2. Referral agency — Disclosure statement.
A. At the time of the referral, a referral agency shall
disclose the following to the consumer:
1. A description of the referral agency's service;
2. A statement on whether the consumer or the assisted living
center or continuum of care facility to which the consumer is
referred is responsible for paying the referral fee; and
3. A statement that the consumer may, without cause or penalty,
stop using the referral agency. The referral agency shall
communicate this decision by the consumer to all assisted living
centers or continuum of care facilities to which the consumer has
been referred upon being notified by the consumer that they plan to
stop using the referral agency. Notification by a consumer shall
not affect the contractual agreement between the referral agency and
the assisted living center or continuum of care facilities.
B. The referral agency shall make the disclosure statement
available to a consumer in a clear and conspicuous written physical
or electronic document.
C. The referral agency shall take into account the consumers'
preferences in selecting the assisted living center or continuum of
care facility to which it refers the consumer and cost shall not be
used as the sole factor in that selection.
D. An assisted living center or continuum of care facility
shall not be required to contract with or do business with a
referral agency.
Added by Laws 2024, c. 58, § 2, eff. Nov. 1, 2024.
§63-1-866.3. Referral agency restrictions.
A referral agency shall not:
Oklahoma Statutes - Title 63. Public Health and Safety Page 532
1. Refer a consumer to an assisted living center or continuum
of care facility in which the referral agency has an ownership,
management, or financial interest excluding a de minimis interest,
such as a direct or indirect ownership of less than one percent (1%)
of an assisted living center or continuum of care facility;
2. Hold a power of attorney or hold property in any capacity
for a consumer or for whom a referral is made;
3. Refer a consumer to an assisted living center or continuum
of care facility that, to the referral agency's knowledge, is
unlicensed and is not exempt from licensing under applicable law;
4. Collect a fee for a consumer transferring from one location
of an assisted living center or continuum of care facility to
another location of the same assisted living center or continuum of
care facility unless the consumer has engaged the referral agency to
help facilitate the transfer to a new location and the consumer has
been provided with more than one referral; or
5. Collect a fee for a referral after the expiration of the
referral according to the contract between the referral agency and
the assisted living center or continuum of care facility.
Added by Laws 2024, c. 58, § 3, eff. Nov. 1, 2024.
§63-1-866.4. Referral agency duties.
A referral agency shall:
1. Use a nationally accredited service provider to obtain
criminal history record information upon hire, on a referral agency
employee who has direct contact with a consumer; provided, however,
that a referral agency employee who physically enters an assisted
living center or continuum of care facility with the purpose of
making a referral on behalf of a consumer, shall obtain a criminal
background check, in accordance with paragraph 1 of subsection I of
Section 1-1947 of Title 63 of the Oklahoma Statutes;
2. Maintain liability insurance coverage for negligent acts or
omissions by the referral agency or its employees;
3. Audit each assisted living center or continuum of care
facility to which the referral agency provides referrals to ensure
that any applicable license is in good standing and maintain a
record of that audit;
4. Provide all referral agency employees whose job
responsibilities require direct contact with a consumer with
introductory training, including training on the referral agency's
code of conduct, before the employee begins performing those
responsibilities;
5. Provide an assisted living center or continuum of care
facility with the time and date on which any referral has been made
to the assisted living center or continuum of care facility in a
clear and conspicuous written physical or electronic document on or
before the date the consumer is admitted; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 533
6. After November 1, 2024, provide any new written contract
with an assisted living center or continuum of care facility for
which it is making referrals the length of time that a referral
agency shall be paid from the date that the referral was made to the
assisted living center or continuum of care facility not to exceed
thirty-six (36) months.
Added by Laws 2024, c. 58, § 4, eff. Nov. 1, 2024.
§63-1-866.5. Compensation.
A. A written contract entered into between a referral agency
and an assisted living center or continuum of care facility may
provide for the compensation of a referral agency for all referrals
made to an assisted living center or continuum of care facility;
such compensation may include, without limitation, amounts based on
volume or value of referrals or business otherwise generated between
the parties.
B. Compensation paid to a referral agency that complies with
the requirements set forth in this section will not be grounds for
disciplinary action against a long-term care administrator pursuant
to OAC 310:679-10-20 or any other rule or statute regulating long-
term care administrators.
Added by Laws 2024, c. 58, § 5, eff. Nov. 1, 2024.
§63-1-866.6. Violations.
A. A referral agency that violates this act is subject to a
civil penalty in an amount equal to Five Hundred Dollars ($500.00)
for each violation.
B. The Attorney General or a district attorney may bring an
action to recover a civil penalty imposed under subsection A of this
section and to restrain and enjoin a violation of this act. The
Attorney General or a district attorney may recover attorney fees
and litigation costs incurred in bringing the action.
Added by Laws 2024, c. 58, § 6, eff. Nov. 1, 2024.
§63-1-870. Legislative statement of need.
The Oklahoma State Legislature hereby finds and declares that
there is an inadequate range of community-based services for frail
elderly and disabled adults and that there is an urgent need to
establish, support and regulate a community-based system of quality
adult day care programs to:
1. Provide a protective social environment which may include
health remedial, restorative and social services designed to
maintain maximum independence and to prevent premature or
inappropriate institutionalization of functionally impaired elderly
or disabled adults;
Oklahoma Statutes - Title 63. Public Health and Safety Page 534
2. Provide periods of relief for family caregivers, sometimes
called respite care, to enable them to continue caring for an
impaired person at home; and
3. Enable family caregivers to continue gainful employment.
Added by Laws 1989, c. 192, § 1, eff. Nov. 1, 1989.
§63-1-871. Short title.
Section 2 through 9 of this act shall be known and may be cited
as the "Adult Day Care Act".
Added by Laws 1989, c. 192, § 2, eff. Nov. 1, 1989.
§63-1-872. Definitions.
As used in the Adult Day Care Act:
1. “Adult day care center” or “center” means a facility which
provides basic day care services to unrelated impaired adults for
more than four (4) hours in a twenty-four-hour period. A center
shall be a distinct entity, either freestanding or a separate
program of a larger organization. A center shall have a separately
verifiable staff, space, budget and participant record system. The
terms adult day care center or center shall not include retirement
centers, senior citizen centers, or PACE organizations as defined by
42 C.F.R., Section 460.6;
2. “Basic day care services” means supervised health, social
supportive, and recreational services in a structured daytime
program which serves functionally impaired adults who continue to
live in their own homes, usually with the aid of family caregivers;
3. “Department” means the State Department of Health; and
4. “Participant” means any person attending an adult day care
center.
Added by Laws 1989, c. 192, § 3, eff. Nov. 1, 1989. Amended by Laws
1996, c. 104, § 1, eff. Nov. 1, 1996; Laws 1998, c. 319, § 1, eff.
Nov. 1, 1998; Laws 2024, c. 294, § 2, emerg. eff. May 13, 2024.
§63-1-873. Licensure requirements and standards - Centers required
to be licensed.
A. The State Commissioner of Health, with the advice of the
Long-Term Care Facility Advisory Board, created pursuant to Section
1-1923 of this title, shall define minimum adult day care licensure
requirements and rules including standards for:
1. Health and social services which may be provided to
participants;
2. The range of services to be provided by a center based on
the type of participants to be served;
3. Staff to participant ratios;
4. Staff and volunteer qualifications;
5. Staff training;
6. Food services;
Oklahoma Statutes - Title 63. Public Health and Safety Page 535
7. Participant records and care plans;
8. Antidiscrimination policies;
9. Sanitary and fire standards; and
10. Any other requirements necessary to ensure the safety and
well-being of frail elderly and disabled adults.
B. Centers to be licensed shall include all adult day care
centers. Sheltered workshops and senior recreational centers which
do not receive participant fees for services are not required to be
licensed. It shall be unlawful to operate a center without first
obtaining a license for such operation as required by the Adult Day
Care Act, regardless of other licenses held by the operator.
Organizations operating more than one center shall obtain a license
for each site.
C. The license for operation of a center shall be issued by the
State Department of Health. The license shall:
1. Not be transferable or assignable;
2. Be posted in a conspicuous place on the licensed premises;
3. Be issued only for the premises named in the application;
and
4. Expire thirty-six (36) months from the date of issuance,
provided an initial license shall expire one hundred eighty (180)
days after the date of issuance. Licenses may be issued for a
period of more than twelve (12) months, but not more than thirty-six
(36) months, for the licensing period immediately following November
1, 2021, in order to permit an equitable distribution of license
expiration dates to all months of the year.
D. A center shall meet the safety, sanitation and food service
standards of the State Department of Health.
E. Local health, fire and building codes relating to adult day
care centers shall be classified as an education use group.
F. The issuance or renewal of a license after notice of a
violation has been sent shall not constitute a waiver by the State
Department of Health of its power to subsequently revoke the license
or take other enforcement action for any violations of the Adult Day
Care Act committed prior to issuance or renewal of the license.
Added by Laws 1989, c. 192, § 4, eff. Nov. 1, 1989. Amended by Laws
1996, c. 104, § 2, eff. Nov. 1, 1996; Laws 2000, c. 48, § 1, emerg.
eff. April 14, 2000; Laws 2011, c. 105, § 34, eff. Nov. 1, 2011;
Laws 2021, c. 94, § 2, eff. Nov. 1, 2021.
§63-1-874. Application for license - Renewal - Proof of compliance
with law.
A. An applicant for a license to operate an adult day care
center must file an application on a form approved by the State
Department of Health and pay an initial license fee which shall be
determined by the Department.
Oklahoma Statutes - Title 63. Public Health and Safety Page 536
B. Applications for license renewal must be filed at least
forty-five (45) days before the expiration date of the current
license on a form approved by the Department and a license renewal
fee must be paid which shall be determined by the Department. The
license renewal fee shall be Seventy-five Dollars ($75.00) per year
of licensure. Revenue generated by the collection of license fees
shall be deposited into the Department revolving fund and shall be
used to help finance the costs associated with the licensing of such
center.
C. The applicant must provide evidence of compliance with the
requirements of all applicable federal, state and local laws and
regulations. In addition to other requirements, an applicant shall
provide a statement of ownership and a financial statement.
Added by Laws 1989, c. 192, § 8, eff. Nov. 1, 1989. Amended by Laws
2021, c. 94, § 3, eff. Nov. 1, 2021.
§63-1-875. Inspection by State Department of Health.
The State Department of Health shall at least annually and
whenever it deems necessary inspect each adult day care center to
determine compliance with the Adult Day Care Act and rules and
regulations promulgated thereto.
Any licensee or applicant for a license shall be deemed to have
given consent to any duly authorized employee or agent of the
Department to inspect and enter the home in accordance with the
Adult Day Care Act or rules promulgated thereto. Refusal to permit
such entry or inspection may constitute grounds for the denial,
nonrenewal, suspension or revocation of a license.
Added by Laws 1989, c. 192, § 6, eff. Nov. 1, 1989.
§63-1-876. Denial, suspension, non-renewal or revocation of license
- notice - Hearing - Reinstatement of suspended license.
A. The State Department of Health may deny, suspend, deny
renewal or revoke the license of an applicant or a licensed adult
day care center which fails to comply with the licensing
requirements and rules and regulations specified by the provisions
of the Adult Day Care Act.
B. The Department shall give a center thirty (30) days' written
notice that its license is to be suspended or revoked, and shall
take action at the end of that time if the center is still out of
compliance. However, if the health and safety of participants is
threatened, the suspension or revocation shall be effective
immediately, and the center closed.
C. Holders of suspended or revoked licenses shall be entitled
to a hearing before Department licensure officials if requested
within ten (10) days of their notification. The hearing shall be
held at least ten (10) days before final action is taken and
conducted pursuant to the Administrative Procedures Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 537
D. Suspended licenses may be reinstated if deficiencies are
corrected within a time frame established by the Department.
Added by Laws 1989, c. 192, § 7, eff. Nov. 1, 1989.
§63-1-877. Discontinuance of operation of a center - Notification
of participants and Department - Surrender of license.
A. If an adult day care center ceases operations, the center
shall notify the participants in writing of its intention to do so
at least thirty (30) days prior to the effective date of closure
unless the Department has ordered immediate closure, which would
require immediate participant notification. If ceasing operations
for any reason other than license revocation, the center shall also
notify the Department of its intention to do so at least thirty (30)
days prior to the effective date of closure.
B. Immediately upon discontinuance of operations of a center,
the owner-operator shall surrender the license to the Department and
the license shall be canceled.
Added by Laws 1989, c. 192, § 8, eff. Nov. 1, 1989.
§63-1-878. Unlawful operation or misrepresentation - Penalties -
Misdemeanor - Prosecution - Civil actions - Remedies.
A. It shall be unlawful to operate an adult day care center
without possessing a current, valid license issued pursuant to the
provisions of the Adult Day Care Act. It shall be unlawful for any
holder of a license issued pursuant to the provisions of the Adult
Day Care Act to advertise or hold out to the public that it holds a
license for a center other than that for which it actually holds a
license. It shall be unlawful for any individual or entity to
advertise or hold out to the public that it provides adult day care
services without first possessing a current, valid license issued
pursuant to the provisions of the Adult Day Care Act or the
Continuum of Care and Assisted Living Act.
B. Any person who has been determined by the State Department
of Health to have violated any provision of the Adult Day Care Act
or any rule or order issued pursuant thereto may be liable for an
administrative penalty of not more than Five Hundred Dollars
($500.00) for each day that such violation continues.
C. The amount of the penalty shall be assessed by the
Department pursuant to the provisions of subsection B of this
section, after notice and hearing. In determining the amount of the
penalty, the Department shall include but not be limited to,
consideration of the nature, circumstances, and gravity of the
violation and, with respect to the person found to have committed
the violation, the degree of culpability, the effect on the ability
of the person to continue to do business, and any show of good faith
in attempting to achieve compliance with the provisions of the Adult
Day Care Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 538
D. Any license holder may elect to surrender such license in
lieu of such fine, but shall be forever barred from obtaining a
reissuance of such license.
E. Any person who violates any of the provisions of the Adult
Day Care Act, upon conviction, shall be guilty of a misdemeanor.
Each day upon which such violation occurs shall constitute a
separate violation.
F. 1. The Attorney General or the district attorney of the
appropriate district court of Oklahoma may bring an action in a
court of competent jurisdiction for the prosecution of a violation
by any person of a provision of the Adult Day Care Act or any rule
or order issued pursuant thereto.
2. Enforcement of any action for equitable relief to redress or
restrain a violation by any person of a provision of the Adult Day
Care Act or for an injunction or recovery of any administrative or
civil penalty assessed pursuant to the provisions of the Adult Day
Care Act may be brought by:
a. the district attorney of the appropriate district
court of the State of Oklahoma,
b. the Attorney General on behalf of the State of
Oklahoma in the appropriate district court of the
State of Oklahoma, or
c. the Department on behalf of the State of Oklahoma in
the appropriate district court of the State of
Oklahoma, or as otherwise authorized by law.
3. The court has jurisdiction to determine such action, and to
grant the necessary or appropriate relief, including but not limited
to, mandatory or prohibitive injunctive relief, interim equitable
relief, and punitive damages.
Added by Laws 1989, c. 192, § 9, eff. Nov. 1, 1989. Amended by Laws
1998, c. 319, § 2, eff. Nov. 1, 1998.
§63-1-879.1. Repealed by Laws 2007, c. 93, § 7, eff. Nov. 1, 2007.
§63-1-879.2. Alzheimer's Research Advisory Council - Powers, duties
and responsibilities.
The Alzheimer's Research Advisory Council shall:
1. Provide advice and make recommendations to the State
Department of Health and other state agencies regarding Alzheimer's
and related dementia issues and/or programs funded or coordinated
by, but not limited to, the Department of Mental Health and
Substance Abuse Services, the Department of Human Services, the
State Department of Health, and the Department of Veterans Affairs;
2. Develop a plan for research relating to Alzheimer's disease
and related dementias that addresses and interfaces with existing
plans and requires involvement by one or more state agencies;
Oklahoma Statutes - Title 63. Public Health and Safety Page 539
3. Examine the continuation and possible expansion of services
provided through the existing autopsy network currently in operation
at the Oklahoma Medical Research Foundation and the University of
Oklahoma College of Medicine and provide specific recommendations
including funding alternatives to the State Department of Health, no
later than March 1, 1991;
4. Review the need for a statewide voluntary registry in order
to conduct epidemiology studies for health planning and research
purposes;
5. Recommend specific innovation service delivery models that
address the unique needs of multi-cultural populations, including
but not limited to ethnic sensitive practices, and culturally
relevant programming; and
6. Submit before November 1 of each year to the State
Department of Health, the Governor and the Oklahoma State
Legislature a report, with copies to appropriate state agencies,
summarizing the activities of the Alzheimer's Advisory Research
Council for the past year and indicating short-term and long-term
plans and recommendations for the coming years.
Added by Laws 1990, c. 207, § 2, operative July 1, 1990.
§63-1-879.2a. Short title - Alzheimer's Dementia and Other Forms of
Dementia Special Care Disclosure Act.
This act shall be known and may be cited as the "Alzheimer's
Dementia and Other Forms of Dementia Special Care Disclosure Act".
Added by Laws 1998, c. 147, § 1, eff. Nov. 1, 1998. Amended by Laws
2021, c. 546, § 1, eff. Nov. 1, 2021.
§63-1-879.2b. Definitions.
As used in the Alzheimer's Dementia and Other Forms of Dementia
Special Care Disclosure Act:
1. "Special care" means care that is provided to persons with a
diagnosis of probable Alzheimer's dementia or other forms of
dementia by an entity that provides such care;
2. "Department" means the State Department of Health;
3. "Dementia" means the impaired ability to remember, think, or
make decisions that interferes with a person's everyday activities;
and
4. "Alzheimer-Dementia Disclosure Act Advisory Council" shall
mean the advisory council created in Section 3 of this act.
Added by Laws 1998, c. 147, § 2, eff. Nov. 1, 1998. Amended by Laws
2021, c. 546, § 2, eff. Nov. 1, 2021.
§63-1-879.2c. Required disclosure – Promulgation of rules -
Alzheimer-Dementia Disclosure Act Advisory Council.
A. 1. Pursuant to rules promulgated under the provisions of
the Alzheimer’s Dementia and Other Forms of Dementia Special Care
Oklahoma Statutes - Title 63. Public Health and Safety Page 540
Disclosure Act, any nursing facility, residential care facility,
assisted living facility, adult day care center, continuum of care
facility, or special care facility that publicly advertises,
intentionally markets, or otherwise engages in promotional campaigns
for the purpose of communicating that such facility offers care,
memory care, or treatment methods within the facility that
distinguish it as being especially applicable to or suitable to
persons with Alzheimer’s dementia or other forms of dementia
diagnoses shall disclose the type of care, memory care, or treatment
provided that distinguishes it as being especially applicable to or
suitable for such persons.
2. The disclosure shall be made using a form developed by the
State Department of Health and shall be made to:
a. the Department,
b. any representative of a person with Alzheimer’s
dementia or other form of dementia who is considering
placement within a special care unit, program, or
facility, and
c. the State Long-Term Care Ombudsman.
3. A referral agency, when disclosing documents pursuant to
Section 1-866.2 of this title, shall provide any representative of a
person who has notified the referral agency of a diagnosis of
Alzheimer’s dementia or other form of dementia and who is
considering placement within a unit, program, memory care, or
facility, electronic or physical access to the form for each
facility. The Department of Health shall maintain a public
searchable database of forms. If no such form is available from the
Department of Health, this section shall not apply. Neither a
facility nor a referral agency shall be liable for the actions or
inactions of the other pursuant to this section.
4. The facility shall submit the disclosure form to the
Department prior to entering into any agreement to provide care or
services.
5. The Department shall examine each disclosure for
completeness and accuracy at the time the disclosure is submitted to
the Department.
6. The Department shall review the most recent disclosure in
the Department’s records during the facility’s regular inspection to
verify that the disclosure is current and that the services
described in the disclosure are provided to residents as described
in the disclosure.
B. The information disclosed as required by this section shall
include the following areas:
1. A written description of the special care unit, program, or
facility’s overall philosophy and mission as it relates to the needs
of residents with Alzheimer’s dementia or other forms of dementia;
Oklahoma Statutes - Title 63. Public Health and Safety Page 541
2. The process and criteria for placement in, or transfer or
discharge from, the unit, program, or facility;
3. The process used for assessment, establishment, and
implementation of a resident plan of care, as it relates to
Alzheimer’s dementia and other forms of dementia, including the
method by which the plan evolves, the frequency of assessment, and
how the facility will respond to changes in the condition of the
resident;
4. Staff-to-resident ratios, staff training and continuing
education that are in addition to all regularly prescribed training
and are commensurate with the need for increased care and
supervision for residents with Alzheimer’s dementia or other forms
of dementia;
5. The physical environment and design features appropriate to
support the functioning of cognitively impaired residents;
6. The types and frequency of resident activities designed for
residents with Alzheimer’s dementia or other forms of dementia and
descriptions of those therapeutic activities designed to address
cognitive function and engage residents with varying stages of
dementia;
7. The involvement of families in care planning and other
aspects of care, and the availability of family support programs;
8. The fees for care and any additional fees; and
9. Any accreditations or certifications issued to the facility
related to the care and services provided to residents with
Alzheimer’s dementia or other forms of dementia.
C. The Department, with input from the Alzheimer-Dementia
Disclosure Act Advisory Council, shall develop a standardized
disclosure form. Any change in the information initially submitted
by the facility or other entity shall be reported to the Department
at the time the change is made.
D. The provisions of this section shall not be construed to
preclude a facility without a special care unit or program from
admitting a person with Alzheimer’s dementia or other forms of
dementia.
E. The State Commissioner of Health, with input from the
Alzheimer-Dementia Disclosure Act Advisory Council, shall promulgate
rules to effectuate the provisions of the Alzheimer’s Dementia and
Other Forms of Dementia Special Care Disclosure Act.
F. There is hereby created the Alzheimer-Dementia Disclosure
Act Advisory Council. The Council shall make recommendations to the
State Commissioner of Health regarding the disclosure form and rules
promulgated pursuant to the Alzheimer’s Dementia and Other Forms of
Dementia Special Care Disclosure Act.
1. The Council shall consist of nine (9) members to be
appointed by the State Commissioner of Health for such terms as he
or she chooses. The members shall be individuals who have knowledge
Oklahoma Statutes - Title 63. Public Health and Safety Page 542
and expertise in the field of memory care or individuals who are
consumer representatives directly impacted by memory-care services,
provided that neither the members with knowledge and expertise in
the field nor the members who are consumer representatives shall
comprise more than two-thirds (2/3) of the total membership. The
members who are consumer representatives shall be individuals with
immediate family members who have received or are currently
receiving memory-care services in Oklahoma and shall not be
employees or board members of any facilities or entities subject to
the Alzheimer’s Dementia and Other Forms of Dementia Special Care
Disclosure Act.
2. The members of the Council shall serve without compensation.
3. The Council shall conduct an organizational meeting at a
date and location to be chosen by the Commissioner and as frequently
thereafter as necessary to perform the duties imposed upon it. A
majority of the members present shall constitute a quorum.
4. Staff assistance for the Council shall be provided by the
staff of the State Department of Health.
G. If a facility described in paragraph 1 of subsection A of
this section, or any individual employed or contracted by such
facility, violates any of the provisions of the Alzheimer’s Dementia
and Other Forms of Dementia Special Care Disclosure Act or the rules
promulgated pursuant thereto, the facility shall be subject to the
notice and enforcement provisions established for the facility’s
license by the Department.
H. Any facility that offers specialized memory or dementia care
through a specific unit or program shall post:
1. The disclosure form, including the information required to
be included by this section, on the facility’s website; and
2. A poster, in a conspicuous location in the special care
unit, program, or facility where care is provided for persons with
Alzheimer’s dementia or other forms of dementia, stating that if
such persons or their representatives were not given a copy of the
disclosure form, they may file a complaint with the Consumer
Protection Unit of the Office of the Attorney General.
I. The Department shall establish a website with a list of
those facilities that have filed a disclosure form pursuant to the
Alzheimer’s Dementia and Other Forms of Dementia Special Care
Disclosure Act. The website shall contain a link to the submitted
disclosure form and a table containing items from the disclosure
form, including staffing ratios, staff training, special programming
and activities, and accreditations or certifications.
Added by Laws 1998, c. 147, § 3, eff. Nov. 1, 1998. Amended by Laws
2021, c. 546, § 3, eff. Nov. 1, 2021; Laws 2025, c. 487, § 1, eff.
Nov. 1, 2025.
§63-1-879.3. Core Neuropathology Laboratory.
Oklahoma Statutes - Title 63. Public Health and Safety Page 543
A. The State Department of Health shall contract with the
University of Oklahoma Health Sciences Center, if authorized by the
University of Oklahoma Board of Regents, for the development and
enhancement of a Core Neuropathology Laboratory.
B. The Core Neuropathology Laboratory shall be:
1. equipped with sufficient state-of-the-art equipment and
adequate personnel to allow quality diagnosis and efficient handling
of the autopsy specimens; and
2. provided supplies for diagnostic studies for educational
programs and for service to the public.
Added by Laws 1990, c. 207, § 3, operative July 1, 1990.
§63-1-879.4. Repealed by Laws 1994, c. 283, § 22, eff. Sept. 1,
1994.
§63-1-880.1. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
2024.
§63-1-880.2. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
2024.
§63-1-880.3. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
2024.
§63-1-880.4. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
2024.
§63-1-880.5. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
2024.
§63-1-880.6. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
2024.
§63-1-880.7. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
2024.
§63-1-880.8. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
2024.
§63-1-880.9. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
2024.
§63-1-880.10. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May
6, 2024.
§63-1-880.11. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May
6, 2024.
Oklahoma Statutes - Title 63. Public Health and Safety Page 544
§63-1-880.12. Payment or acceptance of payment for securing or
soliciting patients for psychiatric or chemical dependency facility.
A. 1. Any person who intentionally or knowingly pays to or
accepts anything of value from any person, firm, association of
persons, partnership, or corporation for securing or soliciting
patients for any psychiatric or chemical dependency facility in this
state shall be guilty of a misdemeanor, and upon conviction shall be
punishable by payment of a fine of not less than Five Hundred
Dollars ($500.00) and not more than Two Thousand Dollars
($2,000.00).
2. In addition to any other penalties or remedies provided by
law:
a. a violation of this section shall be grounds for
disciplinary action by the state agency licensing,
certifying, or registering such professional or
provider, and
b. the state agency licensing, certifying, or registering
such professional or provider may institute an action
to enjoin a violation or potential violation of this
section. The action for an injunction shall be in
addition to any other action, proceeding, or remedy
authorized by law.
B. This section shall not be construed to prohibit:
1. Advertising, except that advertising which:
a. is false, misleading or deceptive,
b. advertises professional superiority or the performance
of a professional service in a superior manner, and
c. is not readily subject to verification;
2. Remuneration for advertising, marketing or other services
that are provided for the purpose of securing or soliciting
patients, provided the remuneration is:
a. set in advance,
b. consistent with the fair market value of the services,
and
c. not based on the volume or value of any patient
referrals or business otherwise generated between the
parties; and
3. Any payment, business arrangements, or payments practice not
prohibited by 42 U.S.C., Section 1320a-7b(b), or any regulations
promulgated pursuant thereto.
C. This section shall not apply to licensed insurers, including
but not limited to, group hospital service corporations, or health
maintenance organizations which reimburse, provide, offer to
provide, or administer hospital, medical, dental, or other health-
related benefits under a health benefits plan for which it is the
Oklahoma Statutes - Title 63. Public Health and Safety Page 545
payor when it is providing those services under a health benefits
plan.
D. For purposes of this section:
1. "Health or mental health care professional" means any person
who offers or provides counseling or health or mental health care
under a license, certification or registration issued pursuant to
Title 59 of the Oklahoma Statutes, and any drug and alcohol
counselor certified by a private professional organization or
association that offers drug and alcohol certification; and
2. "Health care provider" means any hospital or related
institution offering or providing outpatient or inpatient
psychiatric or chemical dependency care licensed pursuant to Section
1-702 of Title 63 of the Oklahoma Statutes, or private facility
offering inpatient or outpatient psychiatric or chemical dependency
care licensed or certified pursuant to Title 43A of the Oklahoma
Statutes.
Added by Laws 1992, c. 356, § 1, emerg. eff. June 4, 1992.
§63-1-881. Prescribing antipsychotic drugs to long-term care
facility residents – Written consent – Denial of admission.
A. As used in this section:
1. "Antipsychotic drug" means a drug, sometimes called a major
tranquilizer, used to treat symptoms of severe psychiatric
disorders, including, but not limited to, schizophrenia and bipolar
disorder;
2. "Long-term care facility" means:
a. a nursing facility as defined by Section 1-1902 of
this title,
b. the nursing facility component of a continuum of care
facility as defined under the Continuum of Care and
Assisted Living Act, or
c. the nursing care component of a life care community as
defined by the Long-term Care Insurance Act;
3. "Resident" means a resident as defined by Section 1-1902 of
this title;
4. "Representative of a resident" means a representative of a
resident as defined by Section 1-1902 of this title; and
5. "Prescribing clinician" means:
a. an allopathic or osteopathic physician licensed by and
in good standing with the State Board of Medical
Licensure and Supervision or the State Board of
Osteopathic Examiners, as appropriate,
b. a physician assistant licensed by and in good standing
with the State Board of Medical Licensure and
Supervision, or
c. an Advanced Practice Registered Nurse licensed by and
in good standing with the Oklahoma Board of Nursing.
Oklahoma Statutes - Title 63. Public Health and Safety Page 546
B. Except in case of an emergency in which the resident poses
harm to the resident or others, no long-term care facility resident
shall be prescribed or administered an antipsychotic drug that was
not already prescribed to the resident prior to admission to the
facility unless each of the following conditions has been satisfied:
1. The resident has been examined by the prescribing clinician
and diagnosed with a psychiatric condition and the prescribed drug
is approved by the United States Food and Drug Administration for
that condition or prescribed in accordance with generally accepted
clinical practices;
2. The prescribing clinician, or a previous prescribing
clinician, has unsuccessfully attempted to accomplish the drug's
intended effect using contemporary and generally accepted
nonpharmacological care options, and has documented those attempts
and their results in the resident's medical record or has deemed
that those attempts would not be medically appropriate based upon a
physical examination by the prescribing clinician and documented the
rationale in the resident's medical record;
3. The facility has provided to the resident or representative
of the resident a written explanation of applicable informed consent
laws. The explanation shall be written in language that the
resident or representative of a resident can be reasonably expected
to understand;
4. The prescribing clinician has confirmed with the nursing
facility verbally or otherwise that written, informed consent has
been obtained from the resident or representative of the resident
that meets the requirements of subsection C of this section; and
5. In the event a long-term care facility resident is
prescribed an antipsychotic medication in the case of an emergency,
the prescribing physician shall prescribe the minimum dosage and
duration that is prudent for the resident's condition and shall
examine the patient in person within thirty (30) days.
C. Except in the case of an emergency as provided for in
subsection B of this section, the prescribing clinician shall
confirm that written, voluntary informed consent to authorize the
administration of an antipsychotic drug to a facility resident has
been obtained from the resident or the representative of the
resident prior to the initial administration of the antipsychotic
drug. Voluntary informed consent shall, at minimum, consist of the
following:
1. The prescribing clinician has confirmed that a signed,
written affirmation has been obtained from the resident or the
representative of the resident that the resident has been informed
of all pertinent information concerning the administration of an
antipsychotic drug in language that the signer can reasonably be
expected to understand. Pertinent information shall include, but
not be limited to:
Oklahoma Statutes - Title 63. Public Health and Safety Page 547
a. the reason for the drug's prescription and the
intended effect of the drug on the resident's
condition,
b. the nature of the drug and the procedure for its
administration, including dosage, administration
schedule, method of delivery and expected duration for
the drug to be administered,
c. risks, common side effects and potential severe
adverse reactions associated with the administration
of the drug,
d. the right of the resident or representative of the
resident to refuse the administration of the
antipsychotic drug and the medical consequences of
such refusal, and
e. an explanation of pharmacological and
nonpharmacological alternatives to the administration
of antipsychotic drugs and the resident's right to
choose such alternatives; and
2. Except in the case of an emergency as provided for in
subsection B of this section, the prescribing clinician shall inform
the resident or the representative of the resident of the existence
of the long-term care facility's policies and procedures for
compliance with informed consent requirements. The facility shall
make these available to the resident or representative of the
resident prior to administering any antipsychotic drug upon request.
D. 1. Antipsychotic drug prescriptions and administration
shall be consistent with standards for dosage, duration and
frequency of administration that are generally accepted for the
resident's condition.
2. Throughout the duration of the administration of an
antipsychotic drug and at generally accepted intervals approved for
the resident's condition, the prescribing clinician or designee
shall monitor the resident's condition and evaluate drug performance
with respect to the condition for which the drug was prescribed.
The prescribing clinician shall provide documentation of the status
of the resident's condition to the resident or the representative of
the resident upon request and without unreasonable delay.
3. Any change in dosage or duration of the administration of an
antipsychotic drug shall be justified by the prescribing clinician
with documentation on the resident's record of the clinical
observations that warranted the change.
E. 1. No long-term care facility shall deny admission or
continued residency to a person on the basis of the person's or his
or her representative's refusal to the administration of
antipsychotic drugs, unless the prescribing clinician or care
facility can demonstrate that the resident's refusal would place the
Oklahoma Statutes - Title 63. Public Health and Safety Page 548
health and safety of the resident, the facility staff, other
residents or visitors at risk.
2. Any care facility that alleges that the resident's refusal
to consent to the administration of antipsychotic drugs will place
the health and safety of the resident, the facility staff, other
residents or visitors at risk shall document the alleged risk in
detail and shall present this documentation to the resident or the
representative of the resident, to the State Department of Health
and to the Long-Term Care Ombudsman, and shall inform the resident
or the representative of the resident of the resident's right to
appeal to the State Department of Health. The documentation of the
alleged risk shall include a description of all nonpharmacological
or alternative care options attempted and why they were unsuccessful
or why the prescribing clinician determined alternative treatments
were not medically appropriate for the condition following a
physical examination.
F. The provisions of this section shall not apply to a hospice
patient as defined in Section 1-860.2 of this title.
Added by Laws 2019, c. 311, § 1, eff. Nov. 1, 2019. Amended by Laws
2021, c. 35, § 1, eff. Nov. 1, 2021.
§63-1-890.1. Short title.
Sections 1 through 7 of this act shall be known and may be cited
as the "Continuum of Care and Assisted Living Act".
Added by Laws 1997, c. 223, § 1, emerg. eff. May 20, 1997.
§63-1-890.2. Definitions.
As used in the Continuum of Care and Assisted Living Act:
1. "Assisted living center" means any home or establishment
offering, coordinating or providing services to two or more persons
who:
a. are domiciled therein,
b. are unrelated to the operator,
c. by choice or functional impairments, need assistance
with personal care or nursing supervision,
d. may need intermittent or unscheduled nursing care,
e. may need medication assistance, and
f. may need assistance with transfer and/or ambulation;
2. "Board" means the State Board of Health;
3. "Commissioner" means the Commissioner of Health;
4. "Continuum of care facility" means a home, establishment or
institution providing nursing facility services as defined in
Section 1-1902 of this title and one or both of the following:
a. assisted living center services as defined in the
Continuum of Care and Assisted Living Act, and
b. adult day care center services as defined in Section
1-872 of this title; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 549
5. “Department” means the State Department of Health.
Added by Laws 1997, c. 223, § 2, emerg. eff. May 20, 1997. Amended
by Laws 2007, c. 347, § 1, eff. Nov. 1, 2007; Laws 2009, c. 53, § 1,
eff. Nov. 1, 2009.
§63-1-890.3. Promulgation of rules - Contents - Other applicable
acts.
A. The State Commissioner of Health shall promulgate rules
necessary to implement the provisions of the Continuum of Care and
Assisted Living Act. Such rules shall include, but shall not be
limited to:
1. A uniform comprehensive resident screening instrument to
measure the needs and capabilities of residents in all settings and
to determine appropriate placements of residents;
2. Physical plant requirements meeting construction and life
safety codes, with provisions accommodating resident privacy and
independence in assisted living centers and in assisted living
components of continuum of care facilities based on the variable
capabilities of residents;
3. Staffing levels responsive to the variable needs of
residents, with provisions for sharing of staff between components
in a continuum of care facility;
4. Minimum standards for resident care including, but not
limited to, standards pertaining to medical care and administration
of medications. Standards pertaining to medication administration
shall, at a minimum, require the assisted living center or continuum
of care facility to:
a. provide or arrange qualified staff to administer
medications based on the needs of residents,
b. follow medication administration orders from a
qualified health care provider,
c. ensure that medications are reviewed monthly by a
Registered Nurse or pharmacist and quarterly by a
consultant pharmacist,
d. maintain medication administration records and
document all medication administration in such
records, and
e. have medication storage and disposal policies;
5. Standards for measuring quality outcomes for residents;
6. Provisions for individualized services chosen by and
designed for each resident;
7. Provisions to prohibit facility staff from disclosing a
resident’s financial information to third parties without written
consent of the resident or the designated representative of the
resident;
Oklahoma Statutes - Title 63. Public Health and Safety Page 550
8. Procedures for inspections and investigations of licensed
entities to ensure compliance with the Continuum of Care and
Assisted Living Act and rules promulgated by the Commissioner;
9. Enumeration of resident rights and responsibilities to be
observed by each facility and its staff. Such resident rights shall
include the freedom of choice regarding any personal attending
physicians and all other providers of medical services and supplies,
providing that the minimum standards are met by the provider
pursuant to the Continuum of Care and Assisted Living Act, without a
financial penalty or fee charged by the assisted living center;
10. Provisions for a surety bond or deposit from each applicant
in an amount sufficient to guarantee that obligations to residents
will be performed, with provisions for reduction or waiver of the
surety bond or deposit when the assets of the applicant or its
contracts with other persons are sufficient to reasonably ensure the
performance of its obligations;
11. Provisions for the development of a consumer guide or
similar resource to be posted on the Internet website of the State
Department of Health to assist individuals and families in
understanding the services provided by assisted living centers and
to compare and select a facility;
12. Provisions for posting results of routine inspections and
any complaint investigations of each assisted living center on the
Internet website of the Department. Such information shall be
regularly updated to include the facility’s plan of correction and
to indicate when a violation of a licensing regulation was corrected
by the facility; and
13. Provisions requiring execution of a plan of care and a
resident service contract with the resident or resident’s
representative.
B. The nursing care service of a continuum of care facility
shall be subject to the requirements, procedures and remedies set
out in the Nursing Home Care Act, including provisions relating to
resident rights.
C. The adult day care component of a continuum of care facility
shall be subject to requirements and procedures specified under the
Adult Day Care Act.
Added by Laws 1997, c. 223, § 3, emerg. eff. May 20, 1997. Amended
by Laws 2009, c. 53, § 2, eff. Nov. 1, 2009; Laws 2012, c. 199, § 1,
eff. Nov. 1, 2012; Laws 2015, c. 31, § 1, eff. Nov. 1, 2015; Laws
2025, c. 357, § 1, eff. Nov. 1, 2025.
§63-1-890.4. Application to establish or license a continuum of
care facility or assisted living center.
A. Each application for establishment of a continuum of care
facility or assisted living center shall be accompanied by a
nonrefundable application fee. The State Commissioner of Health
Oklahoma Statutes - Title 63. Public Health and Safety Page 551
shall develop a sliding fee scale not to exceed One Thousand Dollars
($1,000.00) for each application, except that any facility operated
by the Oklahoma Department of Veterans Affairs shall be exempt from
the fee. The scale shall be based upon the bed capacity of the
continuum of care facilities or assisted living centers.
B. Each application for an initial license, or renewal of the
license, to operate a continuum of care facility or assisted living
center shall be accompanied by a license fee. The initial license
fee shall be Ten Dollars ($10.00) for each bed included in the
maximum bed capacity at such facility or center and the renewal
license fee shall be Ten Dollars ($10.00) for each bed included in
the maximum bed capacity at such facility or center, per year of
licensure, except that any facility operated by the Oklahoma
Department of Veterans Affairs shall be exempt from these fees.
Each application for an initial or renewal license for a continuum
of care facility that includes an adult day care component shall be
accompanied by an additional license fee in an amount to be
determined by the Commissioner, but not to exceed Seventy-five
Dollars ($75.00) per year of licensure, except that any facility
operated by the Oklahoma Department of Veterans Affairs shall be
exempt from the fee.
C. Each application to establish or license a continuum of care
facility or assisted living center shall be on a form approved by
the Commissioner to include, but not be limited to, the following:
1. Disclosure of the applicant’s identity and background in the
operation of continuum of care and assisted living services; and
2. Evidence of the adequacy of the applicant’s financial
resources and ability to ensure adequate staffing.
D. The renewal license shall expire three (3) years from the
date of issuance. An initial license shall expire one hundred
eighty (180) days after the date of issuance. Renewal licenses may
be issued for a period of more than twelve (12) months, but not more
than thirty-six (36) months, for the license period immediately
following November 1, 2021, in order to permit an equitable
distribution of license expiration dates.
Added by Laws 1997, c. 223, § 4, emerg. eff. May 20, 1997. Amended
by Laws 1998, c. 31, § 1, eff. July 1, 1998; Laws 2013, c. 183, § 2,
emerg. eff. April 29, 2013; Laws 2021, c. 94, § 4, eff. Nov. 1,
2021.
§63-1-890.5. License required.
No person shall establish, operate or maintain a continuum of
care facility or assisted living center, or use in its name, logo,
contracts, or literature the phrase "continuum of care facility" or
"assisted living", nor imply that it is a continuum of care facility
or assisted living center, nor hold itself out to be a continuum of
care facility or assisted living center, unless that person first
Oklahoma Statutes - Title 63. Public Health and Safety Page 552
obtains a license as required by the Continuum of Care and Assisted
Living Act.
Added by Laws 1997, c. 223, § 5, emerg. eff. May 20, 1997.
§63-1-890.6. Application of act - Bans on admission - Penalties.
A. The Continuum of Care and Assisted Living Act shall not
apply to residential care homes, adult companion homes, domiciliary
care units operated by the Department of Veterans Affairs, the
private residences of persons with developmental disabilities
receiving services provided by the Developmental Disabilities
Services Division of the Department of Human Services or through the
Home- and Community-Based Waiver or the Alternative Disposition Plan
Waiver of the Oklahoma Health Care Authority, or to hotels, motels,
boardinghouses, rooming houses, a home or facility approved and
annually reviewed by the United States Department of Veterans
Affairs as a medical foster home in which care is provided
exclusively to three or fewer veterans, or other places that furnish
board or room to their residents. The Continuum of Care and
Assisted Living Act shall not apply to facilities not charging or
receiving periodic compensation for services rendered and not
receiving any county, state or federal assistance.
B. The State Commissioner of Health may ban admissions to, or
deny, suspend, refuse to renew or revoke the license of, any
continuum of care facility or assisted living center which fails to
comply with the Continuum of Care and Assisted Living Act or rules
promulgated by the State Board of Health.
C. Any person who has been determined by the Commissioner to
have violated any provision of the Continuum of Care and Assisted
Living Act or any rule promulgated hereunder shall be liable for an
administrative penalty of not more than Five Hundred Dollars
($500.00) for each day that the violation occurs.
D. 1. The State Department of Health shall develop a
classification system of violations, taking into consideration the
recommendations of the Long-Term Care Facility Advisory Board
pursuant to Section 1-1923 of this title, which shall gauge the
severity of the violation and specify graduated penalties based on:
a. no actual harm with the potential for minimal harm,
b. no actual harm with the potential for more than
minimal harm,
c. actual harm that is not immediate jeopardy, and
d. immediate jeopardy to resident health and safety.
2. Upon discovery of one or more violations, the Department
shall provide a statement of deficiencies containing the violations.
The continuum of care facility or assisted living center shall be
required to correct these violations and submit a plan of correction
that details how the facility or center will correct each violation,
Oklahoma Statutes - Title 63. Public Health and Safety Page 553
ensure that the violation will not occur in the future and a period
to correct each violation not to exceed sixty (60) days.
3. No fine shall be assessed for any violation that is not
classified as actual harm or immediate jeopardy, unless the
continuum of care facility or assisted living center fails to
correct the violation within the period set forth in the accepted
plan of correction. Fines may be assessed at any time for any
violations that are classified as actual harm or immediate jeopardy.
4. Any new violation unrelated to the original violation and
not classified as actual harm or immediate jeopardy that is
discovered upon a revisitation of a continuum of care facility or
assisted living center shall constitute a new action and shall not
be included in the original citation or assessment of fines or
penalties; provided, that a preexisting violation not corrected in
compliance with the approved plan of correction shall be considered
still in effect.
E. If a continuum of care facility's failure to comply with the
Continuum of Care and Assisted Living Act or rules involves nursing
care services, the Commissioner shall have authority to exercise
additional remedies provided under the Nursing Home Care Act. If a
continuum of care facility's failure to comply with the Continuum of
Care and Assisted Living Act or rules involves adult day care
services, then the Commissioner shall have authority to exercise
additional remedies provided under the Adult Day Care Act.
F. In taking any action to deny, suspend, deny renewal, or
revoke a license, or to impose an administrative fee, the
Commissioner shall comply with requirements of the Administrative
Procedures Act.
Added by Laws 1997, c. 223, § 6, eff. July 1, 1998. Amended by Laws
1999, c. 214, § 3, eff. Nov. 1, 1999; Laws 2012, c. 12, § 2, emerg.
eff. April 5, 2012; Laws 2016, c. 240, § 1, eff. Nov. 1, 2016.
§63-1-890.7. Repealed by Laws 2003, c. 16, § 1.
§63-1-890.8. Provision of home care, nursing, hospice and private
services - Plan of accommodation for certain disabled residents.
A. Residents of an assisted living center may receive home care
services and intermittent, periodic, or recurrent nursing care
through a home care agency under the provisions of the Home Care
Act.
B. Residents of an assisted living center may receive hospice
home services under the provisions of the Oklahoma Hospice Licensing
Act.
C. Nothing in the foregoing provisions shall be construed to
prohibit any resident of an assisted living center from receiving
such services from any person who is exempt from the provisions of
the Home Care Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 554
D. The assisted living center shall monitor and assure the
delivery of those services. All nursing services shall be in
accordance with the written orders of the personal or attending
physician of the resident.
E. A resident of an assisted living center or the family or
legal representative of the resident shall be required to disclose
any third-party provider of medical services or supplies prior to
service delivery.
F. Any third-party provider of medical services or supplies
shall comply with the provisions of subsection D of this section.
G. Notwithstanding the foregoing provisions, a resident of an
assisted living center, or the family or legal representative of the
resident, may privately contract or arrange for private nursing
services under the orders and supervision of the personal or
attending physician of the resident, private monitoring, private
sitters or companions, personal domestic servants, or personal
staff.
H. If a resident of an assisted living center develops a
disability or a condition that is consistent with the facility's
discharge criteria:
1. The personal or attending physician of a resident, a
representative of the assisted living center, and the resident or
the designated representative of the resident shall determine by and
through a consensus of the foregoing persons any reasonable and
necessary accommodations, in accordance with the current building
codes, the rules of the State Fire Marshal, and the requirements of
the local fire jurisdiction, and additional services required to
permit the resident to remain in place in the assisted living center
as the least restrictive environment and with privacy and dignity;
2. All accommodations or additional services shall be described
in a written plan of accommodation, signed by the personal or
attending physician of the resident, a representative of the
assisted living center and the resident or the designated
representative of the resident;
3. The person or persons responsible for performing, monitoring
and assuring compliance with the plan of accommodation shall be
expressly specified in the plan of accommodation and shall include
the assisted living center and any of the following:
a. the personal or attending physician of the resident,
b. a home care agency,
c. a hospice, or
d. other designated persons.
The plan of accommodation shall be reviewed at least quarterly
by a licensed health care professional;
4. If the parties identified in paragraph 1 of this subsection
fail to reach a consensus on a plan of accommodation, the assisted
living center shall give written notice to the resident, the legal
Oklahoma Statutes - Title 63. Public Health and Safety Page 555
representative of the resident or such persons as are designated in
the resident's contract with the assisted living center, of the
termination of the residency of the resident in the assisted living
center in accordance with the provisions of the resident's contract
with the assisted living center. Such notice shall not be less than
thirty (30) calendar days prior to the date of termination, unless
the assisted living center or the personal or attending physician of
the resident determines the resident is in imminent peril or the
continued residency of the resident places other persons at risk of
imminent harm;
5. If any party identified in paragraph 1 of this subsection
determines that the plan of accommodation is not being met, such
party shall notify the other parties and a meeting shall be held
between the parties within ten (10) business days to re-evaluate the
plan of accommodation; and
6. Any resident aggrieved by a decision to terminate residency
may seek injunctive relief in the district court of the county in
which the assisted living center is located. Such action shall be
filed no later than ten (10) days after the receipt of the written
notice of termination.
I. When an antipsychotic drug is prescribed for a resident, the
assisted living center shall do all of the following:
1. Ensure the resident is reassessed by a physician, physician
assistant, Advanced Practice Registered Nurse or registered nurse,
as needed, but at least quarterly, for the effectiveness and
possible side effects of the medication. The results of the
assessments shall be documented in the resident's record and
provided to the resident or the representative of the resident;
2. Ensure all resident care staff administering medications
understand the potential benefits and side effects of the
medications; and
3. When an antipsychotic drug is prescribed on an as-needed
basis (PRN) for a resident, the assisted living center shall:
a. document in the resident's record the rationale for
use and a detailed description of the condition which
indicates the need for administration of a PRN
antipsychotic drug,
b. monitor the use of PRN antipsychotic drugs for
potential harm to the resident, including, but not
limited to, the presence of significant adverse side
effects, use of the drugs for inappropriate purposes
such as discipline or staff convenience, or use
contrary to the prescription. The monitoring required
by this subparagraph shall be conducted by a licensed
health care professional and shall occur at least
monthly, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 556
c. document in the resident's record the results of the
monitoring required in subparagraph b of this
paragraph, including, but not limited to, the
effectiveness of the medication, the presence of any
side effects, and any inappropriate use for each PRN
antipsychotic drug given.
J. Nothing in this section shall be construed to abrogate an
assisted living center's responsibility to provide care for and
oversight of a resident.
Added by Laws 2007, c. 347, § 2, eff. Nov. 1, 2007. Amended by Laws
2008, c. 22, § 1, eff. Nov. 1, 2008; Laws 2013, c. 248, § 1, eff.
Nov. 1, 2013; Laws 2021, c. 35, § 2, eff. Nov. 1, 2021.
§63-1-890.9. Internal quality assurance committee.
A. Each assisted living center shall establish and maintain an
internal quality assurance committee that meets at least quarterly.
The committee shall:
1. Monitor trends and incidents;
2. Monitor customer satisfaction measures;
3. Document quality assurance efforts and outcomes;
4. Recommend internal policies on resident care including, but
not limited to, policies on administration of medications; and
5. Perform such other duties or functions as directed by the
State Commissioner of Health through rule.
B. The quality assurance committee shall include at least the
following:
1. A Registered Nurse or physician if a medical problem is to
be monitored or investigated;
2. The assisted living center administrator;
3. A direct care staff person or a staff person who has
responsibility for administration of medications;
4. A pharmacist consultant if a medication problem is to be
monitored or investigated; and
5. A person who has an ownership stake in the assisted living
center, or his or her designee.
Added by Laws 2025, c. 357, § 2, eff. Nov. 1, 2025.
§63-1-891. Supervision of nurse aide trainees.
Any assisted living facility that employs an individual who is
in nurse aide training shall ensure that such individual is
supervised by no less than a consulting nurse licensed to practice
in this state.
Added by Laws 1999, c. 418, § 2, emerg. eff. June 10, 1999.
§63-1-894. Quality of care fees – Assessment upon repeal of federal
requirements.
Oklahoma Statutes - Title 63. Public Health and Safety Page 557
Upon repeal of a United States Congress or federal Health Care
Financing Administration requirement to assess a quality of care
fee, upon all licensed nursing home beds, such fee shall only be
assessed upon nursing facilities that have a Medicaid contract with
the state.
Added by Laws 2000, c. 340, § 25, eff. July 1, 2000.
§63-1-895. Informal dispute resolution panel.
A. Upon written request to the State Department of Health, an
assisted living center as defined in the Continuum of Care and
Assisted Living Act may choose to participate in an informal dispute
resolution panel to be offered by the State Department of Health as
an alternative to the informal dispute resolution process outlined
in Sections 1-1914.3 through 1-1914.10 and Sections 1-1914.13
through 1-1914.16 of Title 63 of the Oklahoma Statutes.
B. The State Department of Health shall appoint the informal
dispute resolution panel, to be comprised of the following impartial
members:
1. A licensed administrator currently working in the assisted
living industry;
2. A health professional currently working in an assisted
living center;
3. Two representatives from the aging and disabled community
who do not represent a state agency; and
4. A representative from the State Department of Health with
experience in assisted living center surveys.
Added by Laws 2013, c. 50, § 1, eff. Nov. 1, 2013.
§63-1-899.1. Repealed by Laws 2002, c. 112, § 5, eff. Dec. 31,
2002.
§63-1-901. Definitions.
A. "Bottled water" means any water, including water to which
chemicals or other substances may have been added, which is placed
in bottles or other containers to be sold or offered for sale for
drinking, culinary or other domestic purposes involving a likelihood
of the water being ingested by human beings.
B. "Bottled water plant" means any place, premises, or
structure, including water supply, facilities and equipment, used in
the treatment or processing of the water or the filling of
containers in the preparation of bottled water.
Added by Laws 1963, c. 325, art. 9, § 901, operative July 1, 1993.
Amended by Laws 1993, c. 145, § 309, eff. July 1, 1993.
§63-1-902. Renumbered as § 2-6-701 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 558
§63-1-903. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§63-1-904. Renumbered as § 2-6-303 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-905. Renumbered as § 2-4-201 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-906. Renumbered as § 2-6-305 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-907. Renumbered as § 2-6-304 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-908. Renumbered as § 2-6-401 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-909. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§63-1-909A. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-910. Renumbered as § 2-6-403 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-911. Renumbered as § 2-6-302 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-912. Renumbered as § 2-6-601 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-913. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§63-1-914. Cooperation in clearing area and controlling malaria.
All persons impounding any body of water for public use shall
cooperate with the State Department of Health in clearance of the
area and the measures necessary to control malaria.
Laws 1963, c. 325, art. 9, § 914, operative July 1, 1963.
§63-1-915. Bottled water - Plants - Sale or distribution - Permits
required.
Any person desiring to operate a bottled water plant, or to sell
or distribute bottled water, in Oklahoma shall make application to
the State Commissioner of Health for a permit, and obtain a valid
permit prior to the operation of the bottled water plant or the
distribution and sale of bottled water. Application for such permit
shall be on a form supplied by the Commissioner and shall contain
Oklahoma Statutes - Title 63. Public Health and Safety Page 559
such information as the Commissioner deems necessary to his
determination that the operation of the bottled water plant or sale
of bottled water will in no manner be injurious or hazardous to the
health or safety of the people of the state. Each application for a
permit and permit renewal shall be accompanied by the proper fee in
the amount specified in the following section. The fee paid and
permit issued shall be for the particular bottled water plant to be
operated and shall not be transferred to another person or location.
Laws 1963, c. 325, art. 9, § 915, operative July 1, 1963.
§63-1-916. Fees for permits.
The fee for the issuance of a permit, and for each renewal of
such permit, to operate a bottled water plant shall be Twenty-five
Dollars ($25.00). All permits and permit renewals shall expire on
June 30 of each year following the date of issue.
Laws 1963, c. 325, art. 9, § 916, operative July 1, 1963.
§63-1-917. Standards for bottled water plants.
All bottled water plants shall comply with the following standards
of sanitation and safety:
(1) The source of water supply shall be structurally protected
to prevent contamination and shall provide such treatment as
necessary to insure the water to be bacteriologically and chemically
safe for drinking purposes.
(2) The bottled water plant shall be maintained in a clean and
sanitary condition and shall be in good repair and of such
construction that will facilitate maintenance in a sanitary
condition. Rooms used for bottling and bottle washing shall be well
lighted and adequately ventilated. All necessary precautions shall
be taken to protect against the entrance of rodents and insects.
(3) All bottles and containers shall be thoroughly cleaned and
given approved bactericidal treatment prior to filling. Facilities
and methods of filing bottles or containers shall be such as to
minimize the possibility of contamination.
(4) Adequate and convenient handwashing and toilet facilities
shall be provided and maintained in a sanitary condition.
(5) All bottles or containers shall be plainly labeled as to
contents and shall show the name and address of the bottled water
plant. No medicinal claims or misleading information shall be
permitted on the label.
Laws 1963, c. 325, art. 9, § 917, operative July 1, 1963.
§63-1-918. Standards, rules and regulations.
The State Board of Health shall formulate, and after public
hearing adopt reasonable rules and regulations establishing minimum
standards of compliance for carrying out the provisions of the
preceding section, and such additional rules and regulations as it
Oklahoma Statutes - Title 63. Public Health and Safety Page 560
deems necessary to protect the health and safety of the public in
the sale of bottled water.
Laws 1963, c. 325, art. 9, § 918.
§63-1-919. Plans for bottled water plants.
Before any bottled water plant is hereafter constructed,
reconstructed, or extensively altered, properly prepared plans
therefor shall be approved by the State Commissioner of Health.
Laws 1963, c. 325, art. 9, § 919, operative July 1, 1963.
§63-1-931. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§63-1-932. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§63-1-933. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§63-1-935. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§63-1-1001. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996.
§63-1-1001.1. Short title.
This act shall be known and may be cited as the "Oklahoma
Bedding Regulation Act".
Added by Laws 1996, c. 51, § 1, eff. July 1, 1996.
§63-1-1001.2. Application of act - Exceptions.
The Oklahoma Bedding Regulation Act shall apply to all persons
engaged in the business of manufacturing, repairing, renovating,
germicidally treating, leasing, selling or offering to sell items of
bedding. The Oklahoma Bedding Regulation Act shall not apply to:
1. Individuals who make, repair, renovate, or germicidally
treat bedding for their own personal use;
2. An individual or individuals, not a corporation, who make,
repair, renovate or sanitize quilts, comforters or pillow covers,
including decorative pillows; or
3. Any person who offers for sale or sells goods, wares or
merchandise to the highest bidder or offers for sale or sells goods,
wares or merchandise at a high price and then offers the same at
successive lower prices until a buyer is secured.
Added by Laws 1996, c. 51, § 2, eff. July 1, 1996.
§63-1-1001.3. Definitions.
As used in the Oklahoma Bedding Regulation Act:
1. "Bedding" means any mattress, upholstered spring, sleeping
bag, pad, comforter, cushion, pillow and any other item used
principally for sleeping. The term "bedding" also includes dual
purpose furniture such as studio couches, futons and sofa beds;
Oklahoma Statutes - Title 63. Public Health and Safety Page 561
2. "Mattress" includes padding or cushioning material which is
used in conjunction with water bed liners, bladders or cylinders,
but does not include water bed liners, bladders or cylinders;
3. "Itinerant vendor" means a person who sells bedding from a
movable conveyance;
4. "Manufacture" means the making of bedding out of new or
recycled materials;
5. "New material" means any material or article that has not
been used for any other purpose;
6. "Previously used material" means any material which
previously has been used for any purpose other than for the
manufacture of bedding;
7. "Recycled material" means materials which have previously
been used for purposes other than as a component of bedding or
bedding materials, and which can be used, after processing, for
bedding materials. Such processing shall result in a sanitary
material which can be used safely as a bedding material without the
germicidal treatment used for secondhand materials. Properly
recycled materials shall be considered new materials;
8. "Renovate" means the reworking or remaking of used bedding
or the making of bedding from previously used materials;
9. "Sanitize" means germicidal treatment of secondhand bedding
or previously used materials to be used in renovating for the
destruction of pathogenic microorganisms and arthropods and the
removal of dirt and filth;
10. "Secondhand bedding" means any bedding of which prior use
has been made as bedding;
11. "Sell" or "sold" means to sell, offer to sell, give away in
connection with a sale, a sale's promotion or sale by consignment;
or possess with intent to sell, deliver or consign in sale; and
12. "Commissioner" means the Commissioner of Health.
Added by Laws 1996, c. 51, § 3, eff. July 1, 1996.
§63-1-1001.4. Unlawful actions.
Unless otherwise provided by law, it shall be unlawful to:
1. Sell, lease, manufacture, renovate or repair bedding without
the proper permit from the Commissioner;
2. Manufacture, sell or deliver, lease, hold or offer for sale
any bedding or bedding material unless it is labeled in accordance
with rules promulgated pursuant to the provisions of the Oklahoma
Bedding Regulation Act;
3. Alter, mutilate, destroy, obliterate, or remove the whole or
any part of the labeling of, or the doing of any other act with
respect to, bedding or bedding materials, if such act is done while
such article is held for sale and results in such article being
mislabeled or unlabeled;
Oklahoma Statutes - Title 63. Public Health and Safety Page 562
4. Distribute or knowingly receive in commerce any bedding, or
bedding material, that is mislabeled, unlabeled or has been
manufactured, renovated, held or transported under unsanitary
conditions;
5. Disseminate any false or misleading advertisement;
6. Refuse to permit entry or inspection, or to permit the
taking of a sample, as authorized by Section 8 of this act;
7. Remove or dispose of a detained or embargoed article in
violation of Section 6 of this act;
8. Forge, counterfeit, simulate, or falsely represent, or
without proper authority use any mark, stamp, tag, label, or other
identification device authorized or required by rules promulgated
under the provisions of the Oklahoma Bedding Regulation Act;
9. Sell or lease any renovated bedding or secondhand bedding,
or any portions thereof, unless it is sanitized and labeled in
accordance with rules promulgated pursuant to the provisions of the
Oklahoma Bedding Regulation Act;
10. Renovate into bedding or bedding material any discarded
materials obtained from dump grounds, junk yards, or hospitals
within or without the State of Oklahoma; and
11. Remove or dispose of any detained or embargoed article by
sale or otherwise without such permission.
Added by Laws 1996, c. 51, § 4, eff. July 1, 1996.
§63-1-1001.5. Promulgation of rules.
The State Board of Health shall promulgate rules for:
1. Examinations of bedding manufactured, renovated, held,
leased, sold or offered for sale in Oklahoma;
2. The disposal of bedding determined to be unsafe for human
use;
3. The label requirements on bedding and bedding materials;
4. The sanitation of renovated or secondhand bedding, or
bedding materials;
5. The sanitation standards for facilities or vehicles where
bedding or bedding materials are manufactured, renovated, held,
leased, transported, sold or offered for sale in Oklahoma;
6. The defining of categories and limitations of bedding
permits;
7. The establishment of an annual permit fee;
8. Reporting requirements which may include bedding article
registration fees;
9. The procedure to apply for or renew a bedding permit; and
10. Prescribing means, methods and practices to implement the
provisions of the Oklahoma Bedding Regulation Act.
Added by Laws 1996, c. 51, § 5, eff. July 1, 1996.
§63-1-1001.6. Embargo of unlawful bedding.
Oklahoma Statutes - Title 63. Public Health and Safety Page 563
A. Whenever a duly authorized agent of the State Department of
Health finds, or has probable cause to believe, that any bedding or
bedding material is in an unsanitary condition, mislabeled, or
unlabeled within the meaning of the Oklahoma Bedding Regulation Act,
or any rule promulgated pursuant thereto, such agent shall affix to
such bedding or bedding material a tag or other appropriate marking,
giving notice that such article is or is suspected of being
unsanitary, mislabeled or unlabeled and has been detained or
embargoed, and warning all persons not to remove or dispose of such
bedding article by sale or otherwise until permission for removal or
disposal is given by such agent.
B. 1. The Department shall have twenty (20) days from the time
an article is embargoed in which to make a final determination as to
its unsanitary condition or improper labeling. Failure to find the
article to be in an unsanitary condition, mislabeled or unlabeled
within such time shall result in the embargo being lifted. When
such agent has found that an article so detained or embargoed is not
in an unsanitary condition or mislabeled, such agent shall remove
the tag or other marking.
2. When the Department has found an article to be in an
unsanitary condition, mislabeled or unlabeled as provided herein,
the Department shall immediately file an administrative proceeding
with the Commissioner of Health for an order for the destruction of
the embargoed articles. This administrative proceeding shall be
conducted pursuant to Article II of the Administrative Procedures
Act and shall continue the embargo period until further order of the
Commissioner.
3. Any person whose interest is affected adversely by an
embargo imposed under the terms of the Oklahoma Bedding Regulation
Act may intervene in this administrative proceeding and may present
evidence to rebut the Department's determination that such bedding
articles are in an unsanitary condition, mislabeled or unlabeled.
C. 1. Except as otherwise provided by this subsection, if the
Commissioner finds that a detained or embargoed article is in an
unsanitary condition, mislabeled or unlabeled, such article shall,
after entry of the decree, be destroyed at the expense of the
claimant thereof, under the supervision of such agent, and all court
costs and fees, the costs of the supervision by such agent, and
storage and other proper expenses shall be taxed against the
claimant of such article or his agent.
2. If the unsanitary, mislabeled or unlabeled bedding or
bedding materials can be corrected by an approved sanitization
process or proper labeling of the article, the Commissioner, after
entry of findings that such bedding articles can be properly
sanitized or labeled and after such costs, fees, and expenses have
been paid and a good and sufficient bond, conditioned that such
article shall be so labeled or processed, has been executed, may by
Oklahoma Statutes - Title 63. Public Health and Safety Page 564
order direct that such article be delivered to the claimant thereof
for such labeling or processing under the supervision of an agent of
the Department.
3. The expense of such supervision shall be paid by the
claimant. Such bond shall be returned to the claimant of the
article on representation by the Department to the Commissioner that
the article is no longer in violation of the Oklahoma Bedding
Regulation Act, or any rule promulgated pursuant to the provisions
of the Oklahoma Bedding Regulation Act, and that the expenses of
such supervision have been paid.
4. Any final order of the Commissioner of Health may be
appealed to the district court in Oklahoma County pursuant to
Article II of the Administrative Procedures Act.
Added by Laws 1996, c. 51, § 6, eff. July 1, 1996.
§63-1-1001.7. Permits.
A. Each person engaged in the business of selling, leasing,
manufacturing, renovating or repairing any bedding shall have
obtained an annual permit from the Commissioner to sell or lease
bedding, or an annual permit from the Commissioner to manufacture,
renovate or repair bedding. Each person shall pay for such permit a
fee to be fixed by the State Board of Health. Unless otherwise
provided by rule by the Board, each such permit shall expire on the
30th day of June following its issuance. It is the intent of the
Legislature that any fees authorized by this section shall not
exceed the fees in effect on January 1, 1995, for the regulation of
bedding and bedding materials.
B. Each person who sells renovated or secondhand bedding or
bedding materials on a consignment basis as an auctioneer, itinerant
vendor or broker shall obtain a permit under subsection A of this
section. The renovated or secondhand bedding or bedding materials
shall be sanitized by a person who holds a permit pursuant to
subsection C of this section before it is sold to the public. The
provisions of this section shall not apply to the sale of bedding at
a private sale by a person not in the business of selling bedding or
to an auctioneer at private auction at the individual's residence.
C. 1. No person shall be considered to have qualified to apply
an acceptable sanitization process until such process has been
registered with the Commissioner and determined to be in compliance
with the rules, after which a permit shall then be issued by the
Commissioner which indicates an approved sanitization process.
Every person to whom a permit has been issued shall keep such permit
conspicuously posted on the premises of his place of business.
2. Holders of permits to apply a sanitization process shall be
required to keep an accurate record of all materials which have been
subjected to a sanitization process, including the source of the
material, the date of treatment, the type and time of treatment, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 565
the label identification number, and such records shall be available
for inspection at any reasonable time by authorized representatives
of the Commissioner. Such records shall be maintained for a period
of time to be adopted by rule by the Board.
D. Pursuant to the Oklahoma Administrative Procedures Act:
1. The Commissioner shall suspend or revoke or may refuse to
issue or renew any permit issued in accordance with the Oklahoma
Bedding Regulation Act upon proof of violation of any of the
provisions of the Oklahoma Bedding Regulation Act, or any rule
promulgated thereto; and
2. Any person whose permit has been revoked shall be ineligible
for a bedding permit for one (1) year. An application for a permit
to sell, lease, manufacture, repair or renovate bedding or bedding
material by such person following the one-year revocation shall be
subject to provisions as set forth in an initial permit.
Added by Laws 1996, c. 51, § 7, eff. July 1, 1996.
§63-1-1001.8. Inspections.
A. The Commissioner or duly authorized agent shall have access
at all reasonable hours to any factory, warehouse, wholesale or
retail establishment in which bedding or bedding material is
manufactured, processed, packed, sold, leased or held for
introduction into commerce, or to enter any vehicle being used to
transport, sell, lease or hold such bedding or bedding material in
commerce, for the purpose:
1. Of inspecting such factory, warehouse, establishment, or
vehicle to determine if any of the provisions of this article are
being violated; and
2. To secure samples or specimens of any bedding or bedding
material after paying or offering to pay for such sample.
B. It shall be the duty of the Commissioner to make or cause to
be made examination of samples secured under the provisions of this
section to determine whether or not any provision of the Oklahoma
Bedding Regulation Act, or any rule promulgated under the provisions
of the Oklahoma Bedding Regulation Act, is being violated.
Added by Laws 1996, c. 51, § 8, eff. July 1, 1996.
§63-1-1002. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996.
§63-1-1002.1. Short title.
This act shall be known and may be cited as the "Whitney Starks
Act".
Added by Laws 1998, c. 102, § 1, eff. July 1, 1998.
NOTE: Editorially renumbered from § 1-0002.1 to provide consistency
in numbering.
§63-1-1002.2. Requirements for retailers of bunk beds.
Oklahoma Statutes - Title 63. Public Health and Safety Page 566
Retailers of bunk beds shall comply with the following
requirements:
1. Each set of bunk beds must be posted with an indelible
warning which conforms with American Society for Testing and
Materials International or U.S. Consumer Product Safety Commission
Standards; and
2. No retailer shall sell a set of bunk beds which does not
limit the space between the lower edge of the guard rail and the
upper edge of the bed frame of the upper bunk bed to three and one-
half (3 1/2) inches or less.
Added by Laws 1998, c. 102, § 2, eff. July 1, 1998. Amended by Laws
2023, c. 83, § 1, eff. Nov. 1, 2023.
NOTE: Editorially renumbered from § 1-0002.2 to provide consistency
in numbering.
§63-1-1002.3. Fines.
Any retailer violating the provisions of paragraph 1 or 2 of
Section 2 of this act shall be subject to an administrative fine by
the State Department of Health of not more than Five Hundred Dollars
($500.00) per violation. Each set of bunk beds sold which does not
conform to the provisions of paragraph 1 or 2 of Section 2 of this
act shall be considered a violation. The monies from the
administrative fine shall be collected by the Department and
deposited in the Public Health Special Fund pursuant to Section 1-
107 of Title 63 of the Oklahoma Statutes.
Added by Laws 1998, c. 102, § 3, eff. July 1, 1998.
NOTE: Editorially renumbered from § 1-0002.3 to provide consistency
in numbering.
§63-1-1002.4. Application of act.
The provisions of the Whitney Starks Act shall apply to any bunk
bed sold on or after November 1, 1998.
Added by Laws 1998, c. 102, § 4, eff. July 1, 1998.
NOTE: Editorially renumbered from § 1-0002.4 to provide consistency
in numbering.
§63-1-1003. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996.
§63-1-1004. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996.
§63-1-1005. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996.
§63-1-1006. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996.
§63-1-1007. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996.
§63-1-1008. Repealed by Laws 1996, c. 51, § 9, eff. July 1, 1996.
Oklahoma Statutes - Title 63. Public Health and Safety Page 567
§63-1-1009. Renumbered as § 2-6-801 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1010. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-1011. Health nuisances - Removal - Collection of cost of
removal.
(a) The local health officer and, if authorized by appropriate
ordinance of the city, the city health officer shall have such
authority as to any private premises within the corporate limits of
the city, and shall have the authority to order the owner or
occupant of any private premises in the county to remove from such
premises, at his own expense, any source of filth, cause of
sickness, condition conducive to the breeding of insects or rodents
that might contribute to the transmission of disease, or any other
condition adversely affecting the public health, within twenty-four
(24) hours, or within such other time as might be reasonable, and a
failure to do so shall constitute a misdemeanor. Such order shall
be in writing and may be served personally on the owner or occupant
of the premises, or authorized agent thereof, or a copy thereof may
be left at the last usual place of abode of such owner, occupant or
agent, if known and within the state. If the premises are
unoccupied and the residence of such owner, occupant or agent is
unknown, or is without the state, such order may be served by
posting a copy thereof on the premises, or by publication in at
least one issue of a newspaper having a general circulation in the
county. In the event of any conflict between the city health
officer and the local health officer of the county, the county shall
prevail.
(b) If such order is not complied with, the local health officer
of the county or of the city may cause the order to be executed and
complied with, and the cost thereof shall be certified to the county
clerk, who shall add the same to the ad valorem taxes assessed
against the property, and such cost shall be a lien against the
property, until paid, and shall be collected in the same manner as
ad valorem taxes against the property, and when collected shall be
paid to the local health officer, county or city, or successor
thereof, issuing the order, for reimbursement of the funds used to
pay such cost.
(c) Cities and towns may enact ordinances providing for
proceedings similar to those authorized by the foregoing provisions
of this section, by city and town officials, and the cost of
removing or abating any such nuisances may be added to municipal
utility bills and collected in the same manner as such bills.
Oklahoma Statutes - Title 63. Public Health and Safety Page 568
Laws 1963, c. 325, art. 10, § 1011; Laws 1968, c. 298, § 1, emerg.
eff. May 3, 1968.
§63-1-1013. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
§63-1-1013.1. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1,
2024.
§63-1-1013.2. Revocation of public bathing place license.
The State Commissioner of Health may suspend or revoke a public
bathing place license on any of the following grounds:
1. Violation of any of the provisions of this act or State
Board of Health rules promulgated pursuant thereto;
2. Permitting, aiding or abetting the commission of any illegal
act in or on the premises of the licensed public bathing place; or
3. Conduct or practices by the owner, management or any
employee of the public bathing place deemed by the Commissioner to
be detrimental to the health, safety or welfare of any person.
Added by Laws 2004, c. 420, § 3, eff. Nov. 1, 2004.
§63-1-1014. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
§63-1-1015. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
§63-1-1016. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
§63-1-1016A. Procedure for use of public restrooms.
All restrooms located within buildings in the State of Oklahoma
built with public funds and which are accessible from corridors
intended for general public travel, and which are constructed for
public use, shall be available to the general public for their
inspection and use, unless public restrooms are available on the
same floor of said building. Said public restrooms shall be clearly
labeled by signs designating the same as public restrooms. The
provisions of this act shall not apply to public buildings used as
educational institutions.
Laws 1975, c. 275, § 1, emerg. eff. June 5, 1975.
§63-1-1016B. Penalty.
Every person who shall have control of a public restroom located
within a building built with public funds and who shall knowingly
violate this act shall be deemed guilty of a misdemeanor.
Laws 1975, c. 275, § 2, emerg. eff. June 5, 1975.
§63-1-1017. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
§63-1-1018. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
Oklahoma Statutes - Title 63. Public Health and Safety Page 569
§63-1-1019. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
§63-1-1020. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
§63-1-1020.1. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1,
2024.
§63-1-1021. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
§63-1-1022. Regulation of public pools and spas.
A. The State Department of Health shall regulate public pools
and spas. The Department shall not regulate:
1. Spray pads, spray grounds, or splash pads intended for use
by children in which the water is supplied by a system of sprays and
does not accumulate above ground;
2. Pools located at private residences;
3. Pools run by a homeowner's association where pools or spas
are limited to use by the homeowner group and their nonpaying
guests; and
4. Public or semipublic pools where the main objective is the
external cleansing of the body.
B. The State Commissioner of Health shall promulgate rules for
the safety and sanitation of public pools and spas, fees for
construction permit applications, fees for operation license
applications, fines for violations of safety and sanitation
requirements, and revocation standards for noncompliance.
Municipalities with a population of five thousand (5,000) or less,
according to the latest Federal Decennial Census, shall be charged
no more than Fifty Dollars ($50.00) for construction permit
applications and for operation license applications.
C. All public pool and spa owners shall apply for a
construction permit on a form designated by the State Department of
Health. Pool and spa designs shall be based on the International
Swimming Pool and Spa Code, which may be promulgated into rule by
the State Department of Health. Construction permit applications
shall include plans prepared by a licensed professional engineer.
Pool and spa owners must possess a construction permit from the
State Department of Health prior to beginning construction.
D. Public pools and spas shall be licensed annually by the
Department. Public pool and spa owners shall apply for licensure on
a form designated by the Department.
E. Public pool and spa owners must allow an authorized
representative from the State Department of Health access for the
purposes of an inspection. Public pool and spa owners, managers,
operators, and attendants shall be responsible for maintaining
sanitary and safe conditions. All owners, managers, operators, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 570
attendants in charge of a public pool or spa shall be responsible
for ensuring safety and sanitation requirements are met when
operational. All pool and spa owners shall maintain records
demonstrating compliance and shall provide to the State Department
of Health upon request. The Department shall report any suspected
illegal activity on the premises of licensed public pools and spas
to the appropriate enforcement authority.
F. Every public pool and spa shall be secured for the purposes
of preventing public access during the months in which it is not
operational. Public pools and spas that are out of compliance with
safety and sanitation requirements during three consecutive
inspections shall be considered a public nuisance. These pools
shall be considered permanently closed by the municipality in which
the public pool is located. Permanently closed pools and spas shall
be completely filled in, or fully drained and secured by
constructing or utilizing a barrier adequate for the prevention of
unauthorized persons. Municipalities may secure permanently closed
public pools and spas and charge the costs thereof against the taxes
of the owner. Permanently closed pools and spas fully drained and
secured by a barrier shall complete the initial licensure process
prior to opening to the public. Permanently closed pools that have
been filled in shall be required to complete the construction permit
application process prior to the completion of the initial licensure
application process.
Added by Laws 2024, c. 107, § 1, eff. Nov. 1, 2024.
§63-1-1101. Definitions.
For the purposes of this section:
1. The term "food" means:
a. articles used for food or drink for human consumption,
b. chewing gum, and
c. articles used for components of any such article.
2. The term "label" means a display of written, printed or
graphic matter upon the immediate container of any article; and a
requirement made by or under authority of this article that any
word, statement, or other information appearing on the label shall
not be considered to be complied with unless such word, statement,
or other information also appears on the outside container or
wrapper, if there be any, of the retail package of such article, or
is easily legible through the outside container or wrapper.
3. The term "immediate container" does not include package
liners.
4. The term "labeling" means all labels and other written,
printed or graphic matter:
a. upon an article or any of its containers or wrappers,
or
b. accompanying such article.
Oklahoma Statutes - Title 63. Public Health and Safety Page 571
5. If an article is alleged to be misbranded because the
labeling is misleading, or if an advertisement is alleged to be
false because it is misleading, then in determining whether the
labeling or advertisement is misleading there shall be taken into
account (among other things) not only representations made or
suggested by statement, word, design, device, sound, or in any
combination thereof, but also the extent to which the labeling or
advertisement fails to reveal facts material in the light of such
representations or material with respect to consequences which may
result from the use of the article to which the labeling or
advertisement relates, under the conditions of use prescribed in the
labeling or advertisement thereof, or under such conditions of use
as are customary or usual.
6. The term "advertisement" means all representations
disseminated in any manner or by any means, other than by labeling,
for the purpose of inducing, or which are likely to induce, directly
or indirectly, the purchase of food.
7. The term "contaminated with filth" applies to any food not
securely protected from dust, dirt, and, as far as may be necessary
by all reasonable means, from all foreign or injurious
contaminations.
8. The provisions of this article regarding the selling of food
shall be considered to include the manufacture, production,
processing, packing, exposure, offer, possession, and holding of any
such article for sale; and the sale, dispensing, and giving of any
such article, and the supplying or applying of any such articles in
the conduct of any food establishment.
9. The term "Federal Act" means the Federal Food, Drug, and
Cosmetic Act.
10. The term "mobile food establishment" means a facility
including a trailer, that prepares food and beverages, is vehicle
mounted, is road-approved by the Department of Transportation
including wheels and axles, is readily movable, and remains at one
physical address for no more than twelve (12) hours at one time,
unless the mobile food establishment is operating on private
property. A mobile food establishment operating on private property
may remain at one physical address for no more than fourteen (14)
days.
11. The term "mobile push cart" means a non-self-propelled food
unit that can be manually moved by an average person without being
vehicle mounted.
12. The term "mobile retail food establishment" means a
licensed enterprise which sells packaged foods from a stationary
display at a location some distance from the establishment but still
at the same physical address for no more than twelve (12) hours;
provided, the licensed unit is on the premises and readily available
for inspection and the food has been prepared in a facility that is
Oklahoma Statutes - Title 63. Public Health and Safety Page 572
regulated by the good manufacturing practices in Title 21 of the
Code of Federal Regulations or pursuant to Section 310:260 of the
Oklahoma Administrative Code, Good Manufacturing Practice
Regulations, Oklahoma Department of Agriculture, Food, and Forestry,
and United States Department of Agriculture, or this act.
13. The term "mobile food vendor" means any person who
dispenses food or beverages from a mobile food establishment, mobile
push cart, or mobile retail food establishment.
14. The term "mobile food vending" means dispensing food or
beverages from a food vending vehicle.
15. The term "food vending vehicle" means a mobile food
establishment, mobile push cart, or mobile retail food
establishment.
16. The term "local authority" means any local government
including any town, city, charter city, political subdivision, or
county.
17. The term "public property" means any property owned and
operated by this state or a local authority for the benefit of the
public and includes all rights-of-way contained wholly within any
state or local authority parks.
18. The term "temporary mass gathering" means an actual or
reasonably anticipated assembly of three hundred (300) or more
people for an event that continues, or reasonably can be expected to
continue, for two (2) or more hours per day.
19. The term "nonobstructive spot inspection" means an
inspection of a mobile food establishment at a temporary mass
gathering that is conducted, if practicable, before the start of the
temporary mass gathering and that does not exceed ten (10) minutes
in length if conducted during a high-traffic time of the gathering.
Added by Laws 1963, c. 325, art. 11, § 1101, operative July 1, 1963.
Amended by Laws 2025, c. 19, § 7, eff. Nov. 1, 2025.
§63-1-1102. Acts prohibited.
The following acts and the causing thereof within the State of
Oklahoma are hereby prohibited:
(a) the manufacture, sale, or delivery, holding or offering for
sale of any food that is adulterated or misbranded.
(b) the adulteration or misbranding of any food.
(c) the receipt in commerce of any food that is adulterated or
misbranded, and the delivery or proffered delivery thereof for pay
or otherwise.
(d) the sale of food, or the offer to sell it, or its receipt
into commerce, in capped glass containers, or perishable or flexible
containers such as, but not limited to, paper cardboard containers,
when the container has been damaged by fire or water.
Oklahoma Statutes - Title 63. Public Health and Safety Page 573
(e) the sale, delivery for sale, holding for sale, or offering
for sale of any article in violation of Section 1-1111 of the title.
(f) the dissemination of any false advertisement.
(g) the refusal to permit entry or inspection, or to permit the
taking of a sample, as authorized by Section 1-1115 of the title.
(h) the giving of a guaranty or undertaking which guaranty or
undertaking is false, except by a person who relied on a guaranty or
undertaking to the same effect signed by, and containing the name
and address of, the person residing in the United States from whom
he received in good faith the food.
(i) the removal or disposal of a detained or embargoed article
in violation of Section 1-1105 of this title.
(j) the alteration, mutilation, destruction, obliteration, or
removal of the whole or any part of the labeling of or the doing of
any other act with respect to a food, if such act is done while such
article is held for sale and results in such article being
misbranded.
(k) forging, counterfeiting, simulating, or falsely
representing, or without proper authority using any mark, stamp,
tag, label, or other identification devise authorized or required by
reasonable rules and regulations promulgated under the provisions of
this title.
(l) the sale, offer to sell, dispense or release into commerce
of any food or confection under a name, label or brand when the
name, label or brand either precisely or by slang term or popular
usage, is the name, label or brand of a controlled dangerous drug or
a controlled dangerous substance by law.
Laws 1963, c. 325, art. 11, § 1102; Laws 1973, c. 114, § 1.
§63-1-1103. Injunctions authorized.
In addition to the remedies hereinafter provided, the State
Commissioner of Health is hereby authorized to apply to the district
court for, and such court shall have jurisdiction upon hearing and
for cause shown to grant, a temporary or permanent injunction
restraining any person from violating any of the provisions of the
preceding section of this article, irrespective of whether or not
there exists an adequate remedy at law.
Laws 1963 C. 325, Art. 11, Sec. 1103.
§63-1-1104. Violations - Punishment.
(a) Any person who violates any of the provisions of Section
1102 of this article shall be guilty of a misdemeanor, and shall on
conviction thereof be subject to imprisonment for not more than
thirty (30) days, or a fine of not more than One Hundred Dollars
($100.00), or both such imprisonment and fine; but if the violation
is committed after a conviction of such person under this section
has become final, such person shall be subject to imprisonment for
Oklahoma Statutes - Title 63. Public Health and Safety Page 574
not more than six (6) months, or a fine of not more than Five
Hundred Dollars ($500.00), or both such imprisonment and fine.
(b) No person shall be subject to the penalties of subsection
(a) of this section for having violated Section 1102(a) or (c) of
this article if he establishes a guaranty or undertaking signed by,
and containing the name and address of, the person residing in the
United States from whom he received in good faith the article, to
the effect that such article is not adulterated or misbranded within
the meaning of this article, designating this article.
(c) No publisher, radiobroadcast or television licensee, or
agency or medium for the dissemination of an advertisement, except
the manufacturer, packer, distributor, or seller of the article to
which a false advertisement relates, shall be liable under this
section by reason of the dissemination by him of such false
advertisement, unless he has refused on the request of the State
Commissioner of Health or his duly-authorized agent to furnish the
Commissioner the name and post office address of the manufacturer,
packer, distributor, seller, or advertising agency residing in the
United States who caused him to disseminate such advertisement.
Laws 1963, c. 325, art. 11, § 1104.
§63-1-1105. Embargo authorized - Nuisances.
(a) Whenever a duly-authorized agent of the State Commissioner
of Health finds, or has probable cause to believe, that any food is
adulterated, or so misbranded as to be dangerous or fraudulent,
within the meaning of this article, he shall affix to such article a
tag or other appropriate marking, giving notice that such article
is, or is suspected of being, adulterated or misbranded and has been
detained or embargoed, and warning all persons not to remove or
dispose of such article by sale or otherwise until permission for
removal or disposal is given by such agent or the court. It shall
be unlawful for any person to remove or dispose of such detained or
embargoed article by sale or otherwise without such permission for a
period of fifteen (15) days after such tag or other marking has been
affixed thereto.
(b) When an article detained or embargoed has been found by such
agent to be adulterated or misbranded, he shall petition the
district court in whose jurisdiction the article is detained or
embargoed for condemnation of such article. When such agent has
found that an article so detained or embargoed is not adulterated or
misbranded, he shall remove the tag or other marking.
(c) If the court finds that a detained or embargoed article is
adulterated or misbranded, such article shall, after entry of the
decree, be destroyed at the expense of the claimant thereof, under
the supervision of such agent, and all court costs and fees, and
storage and other proper expenses shall be taxed against the
claimant of such article or his agent; provided, that when the
Oklahoma Statutes - Title 63. Public Health and Safety Page 575
adulteration or misbranding can be corrected by proper labeling or
processing of the article, the court, after entry of the decree and
after such costs, fees, and expenses have been paid and a good and
sufficient bond, conditioned that such article shall be so labeled
or processed, has been executed, may by order direct that such
article be delivered to the claimant thereof for such labeling or
processing under the supervision of an agent of the State
Commissioner of Health. The expense of such supervision shall be
paid by the claimant. Such bond shall be returned to the claimant
of the article on representation to the court by the Commissioner
that the article is no longer in violation of this article and that
the expenses of such supervision have been paid.
(d) Whenever the State Commissioner of Health or any of his
authorized agents shall find in any room, building, vehicle of
transportation or other structure any meat, seafood, poultry,
vegetable, fruit or other perishable articles which are unsound, or
contain any filthy, decomposed or putrid substances, or that may be
poisonous or deleterious to health or otherwise unsafe, the same
being hereby declared to be a nuisance, the Commissioner, or his
authorized agent, shall forthwith condemn or destroy the same, or in
any other manner render the same unsalable as human food.
Laws 1963, c. 325, art. 11, § 1105.
§63-1-1106. Prosecution for violations.
It shall be the duty of each district attorney to whom the State
Commissioner of Health reports any violation of this article to
cause appropriate proceedings to be instituted in the proper courts
without delay and to be prosecuted in the manner required by law.
Amended by Laws 1986, c. 121, § 1, emerg. eff. April 10, 1986.
§63-1-1107. Discretion in prosecution.
Nothing in this article shall be construed as requiring the
State Commissioner of Health to report, for the institution of
proceedings under this article, minor violations, whenever the
Commissioner believes that the public interest will be adequately
served in the circumstances by a suitable written notice or warning.
Laws 1963, c. 325, art. 11, § 1107.
§63-1-1108. Rules and regulations - Definitions - Standards.
Whenever in the judgment of the State Board of Health such
action will promote honesty and fair dealing in the interest of
consumers, the Board shall promulgate reasonable rules and
regulations fixing and establishing for any food or class of food a
reasonable definition and standard of identity, and/or reasonable
standard of quality and/or fill of container. In prescribing a
definition and standard of identity for any food or class of food in
which optional ingredients are permitted the Board shall, for the
Oklahoma Statutes - Title 63. Public Health and Safety Page 576
purpose of promoting honesty and fair dealing in the interest of
consumers, designate the optional ingredients which shall be named
on the label. The definitions and standards so promulgated shall
conform so far as practicable to the definitions and standards
promulgated under authority of the Federal Act.
Laws 1963, c. 325, art. 11, § 1108.
§63-1-1109. Adulterated food.
A food shall be deemed to be adulterated:
(a) (1) if it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in case the
substance is not an added substance, such food shall not be
considered adulterated under this clause if the quantity of such
substance in such food does not ordinarily render it injurious to
health; or (2) if it bears or contains any added poisonous or added
deleterious substance which is unsafe within the meaning of Section
1112 of this article; or (3) if it consists in whole or in part of a
diseased, contaminated, filthy, putrid, or decomposed substance, or
if it is otherwise unfit for food; or (4) if it has been produced,
prepared, packed, or held under insanitary conditions whereby it may
have been rendered diseased, unwholesome, or injurious to health; or
(5) if it is the product of a diseased animal or an animal which has
died otherwise than by slaughter, or that has been fed upon the
uncooked offal from a slaughterhouse; or (6) if its container is
composed, in whole or in part, of any poisonous or deleterious
substance which may render the contents injurious to health.
(b) (1) if any valuable constituent has been in whole or in part
omitted or abstracted therefrom; or (2) if any substance has been
substituted wholly or in part therefor; or (3) if damage or
inferiority has been concealed in any manner; or (4) if any
substance has been added thereto or mixed or packed therewith so as
to increase its bulk or weight, or reduce its quality or strength or
make it appear better or of greater value than it is.
(c) if it is confectionery and it bears or contains any alcohol
or nonnutritive article of substance except harmless coloring,
harmless flavoring, harmless resinous glaze not in excess of four-
tenths of one percent (4/10 of 1%), harmless natural wax not in
excess of four-tenths of one percent (4/10 of 1%), harmless natural
gum and pectin; provided, that this paragraph shall not apply to any
confectionery by reason of its containing less than one-half of one
percent (1/2 of 1%) of volume of alcohol derived solely from the use
of flavoring extracts, or to any chewing gum by reason of its
containing harmless nonnutritive masticatory substances.
(d) if it bears or contains a coal tar color other than one from
a batch which has been certified under authority of the Federal Act.
Laws 1963, c. 325, art. 11, § 1109.
Oklahoma Statutes - Title 63. Public Health and Safety Page 577
§63-1-1110. Misbranding of food.
A food shall be deemed to be misbranded:
(a) if its labeling is false or misleading in any particular.
(b) if it is offered for sale under the name of another food.
(c) if it is an imitation of another food, unless its label
bears, in type of uniform size and prominence, the word "Imitation"
and immediately thereafter the name of the food imitated.
(d) if its container is so made, formed, or filled as to be
misleading.
(e) if in package form, unless it bears a label containing (1)
the name and place of business of the manufacturer, packer, or
distributor; (2) an accurate statement of the quantity of the
contents in terms of weight, measure, or numerical count; provided,
that under clause (2) of this paragraph reasonable variations shall
be permitted, and exemptions as to small packages shall be
established, by reasonable rules and regulations prescribed by the
State Board of Health.
(f) if any word, statement, or other information required by or
under authority of this article to appear on the label or labeling
is not prominently placed thereon with such conspicuousness (as
compared with other words, statements, designs, or devices, in the
labeling) and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of
purchase and use.
(g) if it purports to be or is represented as a food for which a
definition and standard of identity has been prescribed by
reasonable rules and regulations as provided by Section 1108 of this
article, unless (1) it conforms to such definition and standard, and
(2) its label bears the name of the food specified in the definition
and standard, and, insofar as may be required by such reasonable
rules and regulations, the common names of optional ingredients
(other than spices, flavoring, and coloring) present in such food.
(h) if it purports to be or is represented as:
(1) a food for which a standard of quality has been prescribed
by reasonable rules and regulations as provided by Section 1108 of
this article, and its quality falls below such standard, unless its
label bears, in such manner and form as such reasonable rules and
regulations specify, a statement that it falls below such standard;
or
(2) a food for which a standard or standards of fill of
container have been prescribed by reasonable rules and regulations
as provided by Section 1108 of this article, and it falls below the
standard of fill or container applicable thereto, unless its label
bears, in such manner and form as such reasonable rules and
regulations specify, a statement that it falls below such standard.
(i) if it is not subject to the provisions of paragraph (g) of
this section, unless it bears labeling clearly giving (1) the common
Oklahoma Statutes - Title 63. Public Health and Safety Page 578
or usual name of the food, if any there be, and (2) in case it is
fabricated from two or more ingredients, the common or usual name of
each such ingredient; except that spices, flavorings, and colorings,
other than those sold as such, may be designated as spices,
flavorings, and colorings, without naming each; provided, that to
the extent that compliance with the requirements of clause (2) of
this paragraph is impractical or results in deception or unfair
competition, exemptions shall be established by reasonable rules and
regulations promulgated by the State Board of Health; and provided,
further, that the requirements of clause (2) of this paragraph shall
not apply to any carbonated beverage, the ingredients of which have
been fully and correctly disclosed to the extent prescribed by said
clause (2) to the Board in an affidavit.
(j) if it purports to be or is represented for special dietary
uses, unless its label bears such information concerning its
vitamin, mineral, and other dietary properties as the State Board of
Health determines to be, and by reasonable rules and regulations
prescribed, as necessary in order to fully inform purchasers as to
its value for such uses.
(k) if it bears or contains any artificial flavoring, artificial
coloring, or chemical preservative, unless it bears labeling stating
that fact; provided, that to the extent that compliance with the
requirements of this paragraph is impracticable, exemptions shall be
established by reasonable rules and regulations promulgated by the
State Board of Health.
Laws 1963, c. 325, art. 11, § 1110.
§63-1-1111. Permits authorized.
(a) Whenever the State Board of Health finds after investigation
that the distribution in the State of Oklahoma of any class of food
may, by reason of contamination with microorganisms during
manufacture, processing, or packing thereof in any locality, be
injurious to health, and that such injurious nature cannot be
adequately determined after such articles have entered commerce, it
then, and in such case only, shall promulgate reasonable rules and
regulations providing for the issuance, to manufacturers,
processors, or packers of such class of food in such locality, of
permits to which shall be attached such conditions governing the
manufacture, processing, or packing of such class of food, for such
temporary period of time, as may be necessary to protect the public
health; and after the effective date of such reasonable rules and
regulations, and during such temporary period, no person shall
introduce or deliver for introduction into commerce any such food
manufactured, processed, or packed by any such manufacturer,
processor, or packer unless such manufacturer, processor, or packer
holds a permit issued by the State Commissioner of Health as
provided by such reasonable rules and regulations.
Oklahoma Statutes - Title 63. Public Health and Safety Page 579
(b) The State Commissioner of Health is authorized to suspend
immediately upon notice any permit issued under authority of this
section if it is found that any of the conditions of the permit have
been violated. The holder of a permit so suspended shall be
privileged at any time to apply for the reinstatement of such
permit, and the Commissioner shall, immediately after prompt hearing
and an inspection of the establishment, reinstate such permit if it
is found that adequate measures have been taken to comply with and
maintain the conditions of the permit, as originally issued, or as
amended.
(c) Any officer or employee duly designated by the State
Commissioner of Health shall have access to any factory or
establishment, the operator of which holds a permit from the
Commissioner, for the purpose of ascertaining whether or not the
conditions of the permit are being complied with, and denial of
access for such inspection shall be ground for suspension of the
permit until such access is freely given by the operator.
Laws 1963, c. 325, art. 11, § 1111.
§63-1-1112. Adding substances to food.
Any poisonous or deleterious substance added to any food, except
where such substance is required in the production thereof or cannot
be avoided by good manufacturing practice, shall be deemed to be
unsafe for purposes of the application of clause (2) of Section
1109(a) of this article, but when such substance is so required or
cannot be so avoided, the State Board of Health shall promulgate
reasonable rules and regulations limiting the quantity therein or
thereon to such extent as the Board finds necessary for the
protection of public health, and any quantity exceeding the limits
so fixed shall also be deemed to be unsafe for purposes of the
application of clause (2) of Section 1109(a) of this article. While
such reasonable rules and regulations are in effect limiting the
quantity of any such substance in the case of any food, such food
shall not, by reason of bearing or containing any added amount of
such substance, be considered to be adulterated within the meaning
of clause (1) of Section 1109(a) of this article. In determining
the quantity of such added substance to be tolerated in or on
different articles of food, the Board shall take into account the
extent to which the use of such substance is required or cannot be
avoided in the production of each such article and the other ways in
which the consumer may be affected by the same or other poisonous or
deleterious substances.
Laws 1963, c. 325, art. 11, § 1112.
§63-1-1113. False advertising.
An advertisement of a food shall be deemed to be false if it is
false or misleading in any particular.
Oklahoma Statutes - Title 63. Public Health and Safety Page 580
Laws 1963, c. 325, art. 11, § 1113.
§63-1-1114. Rules and regulations - Enforcement.
(a) The authority to promulgate reasonable rules and regulations
for the efficient enforcement of this article is hereby vested in
the State Board of Health. The Board is hereby authorized to make
the reasonable rules and regulations promulgated under this article
conform, insofar as practicable, with those promulgated under the
Federal Act.
(b) Hearings authorized or required by this Article shall be
conducted by the State Board of Health or such officer, agent, or
employee as the Board may designate for the purpose.
(c) Before promulgating any reasonable rules and regulations
contemplated by Section 1108, Section 1110(j), or Section 1111 of
this article, the Board shall give appropriate notice of the
proposal and of the time and place for a hearing. The reasonable
rules and regulations so promulgated shall become effective on a
date fixed by the Board (which date shall not be prior to thirty
(30) days after its promulgation). Such reasonable rules and
regulations may be amended or repealed in the same manner as is
provided for their adoption, except that in the case of reasonable
rules and regulations amending or repealing any such reasonable
rules and regulations the Board, to such an extent as it deems
necessary in order to prevent undue hardship, may disregard the
foregoing provisions regarding notice, hearing, or effective date.
Laws 1963, c. 325, art. 11, § 1114.
§63-1-1115. Inspections.
The State Commissioner of Health or his duly-authorized agent
shall have free access at all reasonable hours to any factory,
warehouse, or establishment in which foods are manufactured,
processed, packed, or held for introduction into commerce, or to
enter any vehicle being used to transport or hold such foods in
commerce after notice to the owner, or person in charge of such
factory, warehouse, establishment, or vehicle, for the purpose:
(1) of inspecting such factory, warehouse, establishment or
vehicle to determine if any of the provisions of this article are
being violated, and
(2) to secure samples or specimens of any food after paying or
offering to pay for such sample. It shall be the duty of the
Commissioner to make or cause to be made examinations of samples
secured under the provisions of this section to determine whether or
not any provision of this article is being violated; provided, that
a copy of the report thereof shall be furnished to the owner of such
factory, warehouse, establishment, or vehicle upon written request
to the Commissioner; and provided, further, that nothing in this
article shall be construed to limit, modify, repeal or affect in any
Oklahoma Statutes - Title 63. Public Health and Safety Page 581
way the powers, duties or functions of the State Board of
Agriculture.
Laws 1963, c. 325, art. 11, § 1115.
§63-1-1116. Publication of reports.
(a) The State Commissioner of Health may cause to be published
from time to time reports summarizing all judgments, decrees, and
court orders which have been rendered under this article, including
the nature of the charge and the disposition thereof.
(b) The Commissioner may also cause to be disseminated such
information regarding food as the Commissioner deems necessary in
the interest of public health and the protection of the consumer
against fraud. Nothing in this section shall be construed to
prohibit the Commissioner from collecting, reporting, and
illustrating the results of the investigation of the Commissioner.
Laws 1963, c. 325, art. 11, § 1116.
§63-1-1117. Conformity to federal requirements.
All reasonable rules, regulations, definitions and standards
promulgated and/or adopted by the State Board of Health under the
provisions of this article shall conform, insofar as practicable, to
the reasonable rules, regulations, definitions and standards of the
Federal Food and Drug Administration.
Laws 1963, c. 325, art. 11, § 1117.
§63-1-1118. Food establishment license - Exemptions - Fee-exempt
license - Sanitation standards.
A. It shall be unlawful for any person to operate or maintain
any establishment, stationary or otherwise, where food or drink is
offered for sale, or sold, to the public, unless the person is the
holder of a food establishment license issued for such purpose by
the State Commissioner of Health or designee. A mobile food vendor
that seeks to operate in a county that is governed by a city-county
health department shall obtain a food establishment license from the
local authority. This food establishment license shall be
recognized by the State Commissioner of Health and all local
authorities as a state food establishment license for purposes of
this title. A food establishment license shall permit the mobile
food vendor to operate in any local authority's jurisdiction upon
the local authority's recognition of the license, the issuance of
any relevant local license, and the vendor's compliance with all
other municipal provisions not in conflict with this act. A food
establishment license shall not be required for:
1. A produce stand that offers only whole, uncut and
unprocessed fresh fruits, melons, vegetables and legumes and/or
whole uncracked and unprocessed nuts;
Oklahoma Statutes - Title 63. Public Health and Safety Page 582
2. A manufacturer, wholesaler or broker of food licensed
pursuant to Section 1-1119 of this title;
3. A kitchen in a private home if only food that does not
require time and temperature control for safety is prepared for sale
or service at a function such as a nonprofit civic, charitable or
religious organization's bake sale;
4. An area where food that is prepared as specified in
paragraph 3 of this subsection is sold or offered for human
consumption;
5. A private home that receives catered or home-delivered food;
6. A hotel licensed pursuant to Section 1-1201 of this title
which provides limited food service in compliance with rules
promulgated by the State Commissioner of Health;
7. A kitchen in a private home or in a bed and breakfast that
prepares and offers food to guests, if the home is owner-occupied,
the number of available guest bedrooms does not exceed four, and
breakfast is the only meal offered;
8. A nonprofit civic, charitable or religious organization
using unpaid individuals to prepare or serve food on its behalf, for
occasional fundraising events sponsored and conducted by the
organization. For the purposes of this paragraph, an "occasional
fundraising event" shall be defined as an event that occurs four
times a year or less;
9. Day care centers or family day care centers, and all other
child care facilities as defined and licensed pursuant to the
provisions of the Oklahoma Child Care Facilities Licensing Act;
10. Nursing facilities and specialized facilities, as defined
in and licensed pursuant to the provisions of the Nursing Home Care
Act, residential care homes as defined by the Residential Care Act,
adult day care centers as defined by the Adult Day Care Act, and
assisted living centers and continuum of care facilities licensed
pursuant to the Continuum of Care and Assisted Living Act;
11. Vendors at farmers markets selling frozen meat that is
either kept refrigerated or on ice; and
12. Other establishments exempted from food establishment
licensure pursuant to state law.
B. Each license shall expire one (1) year following the date of
its issuance. The State Department of Health shall charge and
collect for each such license an annual fee to be fixed by the State
Commissioner of Health by rule or as provided for in this section.
1. The Commissioner may provide by rule for a fee-exempt
license for a food establishment operated by a nonprofit, civic,
charitable or religious organization that uses unpaid persons to
sell or offer food on a more frequent basis than the occasional
fundraising event. A fee-exempt license shall not expire but shall
remain in full force and effect until affirmatively revoked,
Oklahoma Statutes - Title 63. Public Health and Safety Page 583
suspended, annulled or withdrawn by the Department in accordance
with applicable law.
2. The Commissioner may by rule also provide that licenses for
establishments serving events of limited duration or operating on a
seasonal basis shall extend only for the term of the event or
season, and may by rule adjust the fees for such licenses
accordingly.
3. The Commissioner shall provide by rule a three-day license
for vendors who only sell at farmers markets as defined in 310:257-
1-2 of the Oklahoma Administrative Code or at county fairs.
Licenses for vendors who only sell at farmers markets or county
fairs shall not exceed Fifty Dollars ($50.00). Vendors who do not
sell food and vendors who meet the exceptions provided in subsection
A of this section shall not be required to obtain a three-day
license or a food establishment license.
4. The Commissioner shall provide by rule a multiseasonal
license for snow cone stands that sell hot beverages in addition to
snow cones. A snow cone stand that does not sell hot beverages
shall be considered a seasonal food establishment.
C. The State Commissioner of Health shall promulgate reasonable
standards and rules for sanitation of establishments required to be
licensed, which shall include the following: buildings, vehicles,
and appurtenances thereto, including plumbing, ventilation and
lighting; construction, cleanliness and bactericidal treatment of
equipment and utensils; cleanliness, wholesomeness, storage and
refrigeration of food and drink sold or served; cleanliness and
hygiene of personnel; toilet facilities; disposal of waste; water
supply; and other items deemed necessary to safeguard the health,
comfort, and safety of customers.
Added by Laws 1963, c. 325, art. 11, § 1118, operative July 1, 1963.
Amended by Laws 1965, c. 190, §§ 1, 2, emerg. eff. June 8, 1965;
Laws 1986, c. 121, § 2, emerg. eff. April 10, 1986; Laws 1989, c.
345, § 7, eff. Oct. 1, 1989; Laws 1995, c. 230, § 7, eff. July 1,
1995; Laws 2015, c. 93, § 1, eff. Nov. 1, 2015; Laws 2019, c. 505, §
1, eff. Nov. 1, 2019; Laws 2021, c. 450, § 1, emerg. eff. May 10,
2021; Laws 2023, c. 45, § 1, eff. Nov. 1, 2023; Laws 2024, c. 452, §
135, emerg. eff. June 14, 2024; Laws 2025, c. 19, § 8, eff. Nov. 1,
2025.
§63-1-1118.1. Unattended food establishments – Criteria - Permits.
A. As used in this section:
1. "Unattended food establishment" means an operation that
provides packaged foods or whole fruit using an automated payment
system and has controlled entry not accessible by the general
public. An unattended food establishment shall not be considered a
food establishment as used in Section 1-1118 of Title 63 of the
Oklahoma Statutes; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 584
2. "Controlled entry" means selective restriction or limitation
of access to a place or location.
B. The State Department of Health shall create a permit for
unattended food establishments and establish criteria and a
procedure for approval or denial of such permits. No unattended
food establishment shall operate until the establishment has
obtained a permit.
C. The unattended food establishment shall be located in the
interior of a building that is not accessible by the general public.
Access to the establishment shall be limited to a defined
population, including but not limited to employees or occupants of
the building where the establishment is located.
D. 1. Only commercially packaged foods properly labeled for
individual retail sale, which meet the definition of "packaged and
labeled" under Section 3-201.11(C) of the Food and Drug
Administration (FDA) Food Code, shall be offered.
2. No unpackaged food shall be permitted except as provided by
Section 3-302.11(B)(1) of the FDA Food Code.
3. Food shall be such that preparation by consumers is limited
to heating or reheating food in a microwave oven.
4. No bulk food may be offered for sale.
5. Beverages may be dispensed by individual serving only.
E. An unattended food establishment shall be equipped with
refrigeration or freezer units that have the following features:
1. Self-closing doors that allow food to be viewed without
opening the door to the refrigerated cooler or freezer; and
2. Automatic self-locking mechanism that prevents the consumer
from accessing the food upon the occurrence of any condition that
results in the failure of the refrigeration unit to maintain the
internal product temperature specified under Section 3-501.16(A) of
the FDA Food Code; or
3. Freezer unit to maintain the product frozen, if the
establishment contains frozen food.
F. 1. Multi-use, food-contact surfaces shall be cleaned on the
frequency consistent with the service under Section 4-202.11 of the
FDA Food Code, or shall be easily removable and replaced with
cleaned surfaces.
2. No multi-use food-contact surfaces shall be used for foods
that require time and temperature control for safety (TCS).
G. 1. a. An unattended food establishment shall provide
continuous video surveillance of areas where consumers
view, select, handle and purchase products that
provides sufficient resolution to identify situations
that may compromise food safety or food defense.
b. Video surveillance recordings shall be maintained and
made available for inspection upon request by a
representative of the State Department of Health or
Oklahoma Statutes - Title 63. Public Health and Safety Page 585
another applicable regulatory agency within twenty-
four (24) hours of such request.
c. Video surveillance recordings shall be held by the
establishment for a minimum of fourteen (14) calendar
days after the date of the surveillance.
2. The permit holder shall take reasonable steps necessary to
discourage individuals from returning food or beverages that have
not been selected for purchase.
H. 1. The permit holder shall service the unattended food
establishment on a scheduled basis and at a frequency acceptable to
the State Department of Health. Service may include, but is not
limited to, the following:
a. checking food supplies and equipment for signs of
product damage and tampering,
b. verifying refrigeration equipment is operating
properly, including the temperature display and self-
locking mechanism,
c. rotating foods to better ensure first-in/first-out of
food items,
d. cleaning food service equipment and food display
areas,
e. stocking food and disposable single-use and single-
service supplies, and
f. checking inventory for recalled foods.
2. The permit holder shall ensure that:
a. food is from an approved source,
b. packaged food is provided in tamper-evident packaging,
c. food is protected from potential sources of cross-
contamination, and
d. food is maintained at safe temperatures during
transport and display.
I. The unattended food establishment shall have a sign readily
visible at the automated payment station stating:
1. The name and mailing address of the business entity
responsible for the establishment and to whom complaints and
comments should be addressed; and
2. The telephone, email or web information for the responsible
business entity, when applicable.
J. The permit holder bears all responsibilities for the
operation of the unattended food establishment. If the permit
holder is not the owner or operator of the building where the food
establishment is located, a mutual agreement may be approved by the
State Department of Health that outlines the responsibilities for
cleaning and maintenance of all surfaces and equipment, provision of
supportive facilities or services such as janitorial and restroom
facilities, pest control and removal of solid waste. This agreement
Oklahoma Statutes - Title 63. Public Health and Safety Page 586
shall also outline what actions must be taken by both parties to
maintain the establishment in compliance with all requirements.
K. The State Department of Health shall establish an annual fee
structure for unattended food establishments, not to exceed One
Hundred Fifty Dollars ($150.00) per location.
L. An unattended food establishment shall obtain an Oklahoma
sales tax permit prior to conducting any sales, and shall collect
and remit state sales tax as provided for in the Sales Tax Code.
M. The State Commissioner of Health shall promulgate such rules
as are necessary to implement the provisions of this section.
Added by Laws 2019, c. 138, § 1, emerg. eff. April 25, 2019.
§63-1-1119. License required - Manufacturers, wholesalers, brokers
of foods and drugs - Exception.
A. Any manufacturer, wholesaler or broker of food or drugs
doing business in the State of Oklahoma, or bringing into and
offering for sale within the State of Oklahoma any article of food
or drug, shall secure an annual license from the Commissioner of
Health and shall pay for such license a fee, to be fixed by the
State Board of Health; provided, that any individual who meets the
requirements of paragraph 3 of subsection B of Section 1-1118 of
this title shall not be required to obtain any license pursuant to
this section. Unless otherwise provided by rule by the Board, each
such license shall expire on the 30th day of June following its
issuance.
B. Provided, that subsection A of this section shall not apply
to:
1. Brokers who procure the shipment of articles of food or
drugs into the State of Oklahoma directly to the wholesaler without
handling such products themselves, except that such brokers shall
annually list their name and address with the State Department of
Health; and
2. Any person who is licensed by the Board of Pharmacy to
manufacture, make, produce, package, pack, prepare or sell, or offer
for sale, at wholesale or retail, compressed medical gases.
Added by Laws 1963, c. 325, art. 11, § 1119, operative July 1, 1963.
Amended by Laws 1969, c. 187, § 1, emerg. eff. April 17, 1969; Laws
1989, c. 345, § 8, eff. Oct. 1, 1989; Laws 1992, c. 52, § 1, eff.
Sept. 1, 1992; Laws 2019, c. 505, § 2, eff. Nov. 1, 2019.
§63-1-1120. Definitions.
For the purpose of Sections 1121 through 1134 of this article:
(a) the term "food" shall include any article used by man for
food, drink, confection, ice or condiment, or which enters into the
composition of the same, whether simple, blended, mixed or
compounded.
Oklahoma Statutes - Title 63. Public Health and Safety Page 587
(b) the term "frozen food locker plant" shall mean a location or
establishment in which space in individual lockers is rented to
persons for storage of frozen food and is equipped with a chill
room, sharp freezing facilities and facilities for cutting,
preparing, wrapping and packaging meats and meat products, fruit and
vegetables.
(c) the term "branch frozen food locker plant" shall mean a
location or establishment in which space in individual lockers is
rented to persons for storage of frozen food after preparation for
storage at a frozen food locker plant.
(d) the term "sharp frozen" shall mean the freezing of food in a
room in which the temperature is zero degrees (0~F) Fahrenheit or
below.
Laws 1963, c. 325, art. 11, § 1120.
§63-1-1121. License.
No person shall engage or continue in the operation of a frozen
food locker plant or a branch frozen food locker plant until a
license has been obtained from the State Commissioner of Health for
each such location or establishment. Application for such license
shall be made upon forms furnished by the Commissioner and shall
contain items as to ownership, management, location, equipment, and
other data concerning the business for which each license is
desired.
Laws 1963, c. 325, art. 11, § 1121.
§63-1-1122. License fee.
The annual license fee for each such frozen food locker plant
and each branch plant shall not exceed Fifteen Dollars ($15.00), to
be fixed by the State Board of Health. Each such license shall
expire on June 30th of each year following the date of issue or
renewal and no license shall be transferable.
Laws 1963, c. 325, art. 11, § 1122.
§63-1-1123. Examination of plant.
Upon receipt of an application for license for a new frozen food
locker plant, or branch plant, the State Commissioner of Health
shall require that, within thirty (30) days, an inspection be made
of the locker plant or branch locker plant, its equipment,
facilities, surrounding premises, slaughtering facilities, and
similar items, and, if its operations, construction and equipment
comply with the provisions of law and the authorized rules and
regulations of the State Board of Health applicable to such plants,
the Commissioner shall issue such license.
Laws 1963, c. 325, art. 11, § 1123.
§63-1-1124. Inspection and revocation of license.
Oklahoma Statutes - Title 63. Public Health and Safety Page 588
Every frozen food locker plant or branch locker plant shall be
subject to inspection at any reasonable hour by the State
Commissioner of Health or his authorized representatives and such
locker plants shall be maintained in a sanitary condition and
conducted with strict regard to the influence of such conditions
upon the food handled therein. The license shall be conspicuously
displayed by the licensee in each locker plant, or branch locker
plant.
Laws 1963, c. 325, art. 11, § 1124.
§63-1-1125. Storing of impure foods.
No article of food shall be stored in any frozen food locker
plant unless it is in a proper condition for storage and meets all
the requirements of food and food sanitation laws and rules
established by the State Board of Health for the sanitary
preparation of food products which are to be stored.
Laws 1963, c. 325, art. 11, § 1125.
§63-1-1126. Goods not intended for human consumption.
Goods not intended for human consumption shall not be stored in
a frozen food locker plant except such items of animal or vegetable
matter which may have been approved by the State Commissioner of
Health.
Laws 1963, c. 325, art. 11, § 1126.
§63-1-1127. Construction of plant - Equipment.
(a) The floors, walls, and ceilings of locker plants and branch
locker plants, including all food processing rooms, slaughtering
facilities, and similar items, shall be of such construction and
finish that they can be conveniently maintained in a clean and
sanitary condition. Walls and ceilings shall be well painted or
finished in some other approved manner and shall be refinished as
often as necessary. Washing facilities including hot and cold water
shall be provided for proper cleansing of utensils and equipment.
The lockers in any plant shall be so constructed as to protect the
contents from contamination, deterioration, or injury. Lockers with
perforated bottoms shall be provided with a suitable unperforated
liner or tray.
(b) Any plant using a toxic gas refrigerant shall have at least
one gas mask of a type approved by the State Commissioner of Health
and shall keep the same where it will be readily accessible.
Laws 1963, c. 325, art. 11, § 1127.
§63-1-1128. Sanitation and cleanliness.
All rooms of a locker plant or branch locker plant shall at all
times be maintained in a clean and sanitary condition. All
equipment and utensils shall be clean when put into use and shall be
Oklahoma Statutes - Title 63. Public Health and Safety Page 589
thoroughly cleansed after each day's use and shall be so stored or
protected as not to become contaminated. Lockers shall be
thoroughly cleansed before they are leased or put into the
possession of any patron. The premises and surroundings of locker
plants and branch locker plants shall be maintained in a clean and
sanitary condition. The food stored shall be protected from filth,
flies, dust, dirt, insects, vermin and any other contamination and
from any unclean or filthy practice in the handling thereof or
caring therefor. No food shall be stored in such condition or in
such manner as to cause injury to or deterioration of articles of
food in adjacent lockers. Tobacco shall not be used in any room
where food is processed or stored. Waste or offal incident to the
slaughtering, cleaning, storing or preparation of any food for
storage shall be promptly removed from the premises and disposed of
in a sanitary manner.
No room or rooms used for the preparation, storage, display or
sale of food or for the processing of food shall be used as a living
room or sleeping room nor shall dogs, cats or other domestic animals
be permitted in any such room.
Laws 1963, c. 325, art. 11, § 1128.
§63-1-1129. Water supply - Toilet facilities.
Locker plants shall have an ample water supply approved by the
State Commissioner of Health. Locker plants or branch locker plants
shall be provided with adequate toilets so located as to be readily
accessible to employees and equipped with adequate hand washing
fixtures or facilities, supplied with hot and cold water under
pressure, soap and approved towel service. The doors of all toilet
rooms shall be full length and self-closing and no toilet room shall
open directly into any room in which foods are prepared, processed,
chilled, frozen or stored. Toilet facilities and rooms shall be
kept in a clean and sanitary condition.
Laws 1963, c. 325, art. 11, § 1129.
§63-1-1130. Temperatures required.
The refrigeration system for a locker plant or branch locker
plant shall be equipped with accurate and reliable controls for the
automatic maintenance of uniform temperatures as required in the
various refrigerated rooms and shall be of adequate capacity to
provide, under extreme conditions of outside temperatures and under
peak load conditions in the normal operations of the plant, the
following temperatures in the several rooms, respectively:
Chill room
(a) Temperature of thirty-four degrees degrees above zero
Fahrenheit (340F.) plus or minus two degrees (2 degrees) with a
tolerance of five degrees Fahrenheit (50F.) for a reasonable time
after fresh food is put in for chilling.
Oklahoma Statutes - Title 63. Public Health and Safety Page 590
Sharp freeze room. Sharp freezing compartments
(b) Temperature of ten degrees below zero Fahrenheit (-100F.) or
lower or temperature of zero degrees Fahrenheit or lower when forced
air circulation is employed with a tolerance of five degrees
Fahrenheit (50F.) for either type of installation for a reasonable
time after fresh food is put in for freezing.
Locker room
(c) Temperature of not to exceed zero degrees Fahrenheit (00F.)
with a tolerance of three degrees Fahrenheit (30F.) higher.
The foregoing temperatures shall not be construed as prohibiting
such variations therefrom as may occur during short periods of time
incidental to defrosting. For experimental purposes, the State
Commissioner of Health, upon application in writing, may authorize
for a limited and prescribed period the installation and use of
refrigeration systems or methods which in the opinion of the
Commissioner will result in improvement over present methods.
An accurate direct reading thermometer shall be provided in the
chill room and in the sharp freeze room or compartment. An accurate
self-registering or self-recording thermometer of a type approved by
the Commissioner shall be provided in the locker room. The discs or
other temperature records of such thermometer shall be kept at the
plant and shall be preserved for at least one (1) year from the date
of the recording. The thermometer in the locker room shall be
placed in a position where it is readily observable by patrons.
Laws 1963, c. 325, art. 11, § 1130.
§63-1-1131. Inspection, wrapping, identification of stored food.
No food shall be placed in a locker for storage unless it has
been sharp frozen at the plant, or else transferred from home
freezer in solid frozen condition. No foods shall be placed in a
locker unless such foods have been inspected by the operator. No
unwrapped meat or unwrapped or unpacked fruits or vegetables shall
be placed in any locker. Only material suitable for the wrapping of
meats that are to be frozen and stored shall be used. Each wrapped
portion shall be marked or stamped with the correct locker number
and date of wrapping.
Laws 1963, c. 325, art. 11, § 1131.
§63-1-1132. Warehousemen.
Persons who own or operate frozen food locker plants or branch
locker plants shall not be construed to be warehousemen, nor shall
receipts or other instruments issued by such persons in the ordinary
conduct of their business be construed to be negotiable warehouse
receipts.
Laws 1963, c. 325, art. 11, § 1132.
§63-1-1133. Storage lien.
Oklahoma Statutes - Title 63. Public Health and Safety Page 591
Every lessor owning or operating a frozen food locker plant or
branch plant shall have a lien upon all property of every kind in
its possession for all reasonable charges and rents thereon and for
the handling, keeping and caring for the same.
Laws 1963, c. 325, art. 11, § 1133.
§63-1-1134. State board of health.
For the purpose of carrying into effect the provisions of this
article, the State Board of health shall promulgate reasonable rules
and regulations relating to sanitation, conforming to the purpose
and content of the foregoing provisions relating to frozen food
locker plants.
Laws 1963, c. 325, art. 11, § 1134.
§63-1-1135. Repealed by Laws 2013, c. 2, § 3, eff. Nov. 1, 2013.
§63-1-1136. Repealed by Laws 2013, c. 2, § 3, eff. Nov. 1, 2013.
§63-1-1137. Repealed by Laws 2013, c. 2, § 3, eff. Nov. 1, 2013.
§63-1-1138. Repealed by Laws 2013, c. 2, § 3, eff. Nov. 1, 2013.
§63-1-1139. Repealed by Laws 2013, c. 2, § 3, eff. Nov. 1, 2013.
§63-1-1150. Authority to operate – Permissible locations –
Promulgation of rules.
A. A mobile food vendor with a food establishment license
required under Section 1-1118 of Title 63 of the Oklahoma Statutes
is authorized to operate in this state subject to this section.
Mobile food vendors shall follow all state and local laws and
regulations governing operations in the jurisdiction where the
vendor is operating that are not in conflict with this act.
B. A mobile food vendor with a food establishment license
required under Section 1-1118 of Title 63 of the Oklahoma Statutes
shall provide a copy of its state license to a local authority for
recognition by the local authority before operating in the local
authority's jurisdiction. The local authority shall recognize a
lawful and valid state license and authorize the mobile food vendor
to operate in its jurisdiction within five (5) business days of
receipt of the state license and verification of compliance with
local regulations not in conflict with this act. Such recognition
and authorization may include issuing a local license or permit to
the mobile food vendor. Any local license or permit issued shall
not impose additional requirements that conflict with this act.
C. Upon compliance with subsection B of this section, a mobile
food vendor may operate in the following locations:
1. Any location allowed by the local authority; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 592
2. On private property under the following circumstances:
a. the property is located in a zoning district where
food service establishments are permitted to operate
and the vendor has permission of the property owner,
designee, or lessor,
b. the property is located in a residential zoning
district and the mobile food vendor has been invited
by a resident or group of residents in that district
to operate on their property for the purpose of
serving food to that resident, group of residents, or
their guests; provided, that the operation of mobile
food vendors on the subject property not exceed twelve
(12) days per year, and
c. the mobile food vendor would not cause a nuisance.
D. A mobile food vendor shall not operate in any manner which
will interfere with or obstruct the free passage of pedestrians or
vehicles along any street, sidewalk, or parkway.
E. A mobile food vendor shall not operate in a state park
without having a contract or lease agreement approved by the
Oklahoma Tourism and Recreation Commission.
F. When operating, a mobile food vendor shall:
1. Maintain a food vending vehicle in good operating order;
2. Provide a waste receptacle for customers that is visible and
request that customers use it;
3. Remove and dispose of all refuse within a twenty-five-foot
radius of the mobile food vendor's operating area at the conclusion
of operation;
4. Display the mobile food vendor's food establishment license
in a conspicuous location for public view; and
5. If serving food at a temporary mass gathering, notify the
State Department of Health and the local authority in the
jurisdiction where the gathering is to be located of the dates the
mobile food vendor will operate at the temporary mass gathering at
least ten (10) business days prior to the gathering.
G. The State Commissioner of Health may promulgate rules to
enforce the provisions of this section. Rules adopted shall not:
1. Require a mobile food vendor to operate a specific distance
from the perimeter of an existing commercial establishment or to
enter into any agreement with a commercial establishment;
2. Require a mobile food vendor that serves only prepackaged
food or that does not prepare or open food to have a handwashing
sink in the food vending vehicle;
3. Require a mobile food vendor to associate with a commissary
if the vendor carries all the equipment necessary to comply with
health and safety standards and applicable regulations;
4. Limit the number of licensed mobile food vendors;
Oklahoma Statutes - Title 63. Public Health and Safety Page 593
5. Require a mobile food vendor to obtain any additional
permits from a local authority unless the mobile food vendor seeks
to operate at an event which is permitted by a local authority or in
a local, public park;
6. Require a mobile food vendor to be fingerprinted or to
install a Global Positioning System (GPS) tracking device on the
vendor's vehicle;
7. Require a mobile food vendor to stay in constant motion
except for when serving customers;
8. Require a mobile food vendor to change locations unless the
vendor is operating in violation of this act;
9. Require a mobile food vendor to maintain insurance that
names a local authority as an additional insured unless the vendor
is operating at an event sponsored by the local authority or
operating in a local, public park;
10. Require a mobile food vendor to maintain a bond that names
a local authority as a beneficiary unless the vendor is operating at
an event sponsored by the local authority or operating in a local,
public park;
11. Require a mobile food vendor to submit to health
inspections beyond health inspections conducted by the Department or
by a local authority collaborating with the Department, unless the
Department is investigating a reported foodborne illness, or
addressing a complaint of an imminent health or safety hazard to the
public;
12. Require a health inspection of a food vending vehicle more
than twice per year unless the Department is ensuring a mobile food
vendor has corrected a violation detected during a prior inspection,
is investigating a reported foodborne illness, or is conducting a
nonobstructive spot inspection to ensure food safety;
13. Charge a mobile food vendor fees for a health inspection;
or
14. Require a mobile food vendor to submit to a state fire
inspection if the vendor can demonstrate it passed a state or local
fire inspection in the previous twelve (12) months.
Added by Laws 2025, c. 19, § 2, eff. Nov. 1, 2025.
§63-1-1151. Regulation by local authority.
A. The local authority may regulate mobile food vendors in
accordance with this section. In relation to a mobile food vendor's
operations, a local authority may:
1. Restrict the operation of a noisemaking device that exceeds
seventy-five (75) decibels measured at twenty-three (23) feet from
the food vending vehicle during certain hours of the day;
2. Restrict a mobile food vendor from operating in a public
park or require a special permit and payment of fees to operate in a
public park;
Oklahoma Statutes - Title 63. Public Health and Safety Page 594
3. Prohibit a mobile food vendor from blocking or restricting
ingress to or egress from private property;
4. Develop a mobile food vendor metered parking pass for a fee
that permits a mobile food vendor to operate from metered parking
spaces for longer than the vendor would otherwise be permitted;
5. Investigate reports of foodborne illnesses;
6. Report a mobile food vendor's suspected violation of this
act to the State Department of Health;
7. Issue citations and penalties to mobile food vendors for
violations of state and local law not inconsistent with this act;
and
8. Adopt and enforce other regulations in conformity to
municipal powers that are not inconsistent with this act. Any
regulation regarding mobile food vendors must address public health
or safety risks.
B. In relation to a mobile food vendor's operations, a local
authority may not:
1. Prohibit a mobile food vendor from lawfully operating in its
jurisdiction if the vendor holds a food establishment license
required under Section 1-1118 of Title 63 of the Oklahoma Statutes
and is in compliance with this act and all other state and local
laws not in conflict with this act;
2. Require a mobile food vendor to obtain any license or permit
from the local authority to operate a food vending vehicle unless:
a. the local authority is issuing a local license in
recognition of a state license under subsection B of
Section 2 of this act,
b. the mobile food vendor seeks to operate at an event
which has been permitted by the local authority, or
c. the mobile food vendor seeks a food establishment
license from a local authority required by Section 1-
1118 of Title 63 of the Oklahoma Statutes;
3. Require a mobile food vendor that is operating on private
property with the permission of the owner to operate a specific
distance from commercial food or retail establishments;
4. Require a mobile food vendor to enter into any agreement
with commercial food or retail establishments;
5. Require a mobile food vendor to be fingerprinted or to
install a Global Positioning System (GPS) tracking device on the
vendor's vehicle;
6. Require a mobile food vendor to stay in constant motion
except for when serving customers;
7. Require a mobile food vendor to maintain an insurance policy
that names the local authority as an additional insured unless the
vendor is operating at an event sponsored by the local authority or
operating in a local, public park;
Oklahoma Statutes - Title 63. Public Health and Safety Page 595
8. Require a mobile food vendor to maintain a bond that names a
local authority as a beneficiary unless the vendor is operating at
an event sponsored by the local authority or operating in a local,
public park;
9. Require a mobile food vendor to submit to health inspections
beyond health inspections conducted by or in collaboration with the
Department, unless the local authority is investigating a reported
foodborne illness or addressing a complaint of an imminent health or
safety hazard to the public;
10. Require a health inspection of a food vending vehicle more
than twice per year unless the local authority, in collaboration
with the Department under this act, is ensuring a mobile food vendor
has corrected a violation detected during a prior inspection, is
investigating a reported foodborne illness, or is conducting a
nonobstructive spot inspection to ensure food safety;
11. Charge a mobile food vendor fees for additional health
inspections;
12. Charge a mobile food vendor fees for any local license or
permit allowed under Section 3 of this act beyond the administrative
cost of issuing the local license or permit;
13. Require a mobile food vendor to submit to a state fire
inspection if the vendor can demonstrate it passed a state fire
inspection in the previous twelve (12) months;
14. Require a mobile food vendor to enter into any agreement
with a commercial establishment or restaurant;
15. Regulate the equipment requirements for a food vending
vehicle; or
16. Require a mobile food vendor to associate with a commissary
if the vendor has all the equipment necessary to comply with state
regulations pertaining to food vending vehicles.
Added by Laws 2025, c. 19, § 3, eff. Nov. 1, 2025.
§63-1-1152. Administrative hearing for suspension or revocation of
license – Civil penalties.
A. Any mobile food vendor who has been notified of a possible
suspension or revocation of his or her state license may request an
administrative hearing in accordance with the Administrative
Procedures Act and rules promulgated by the State Commissioner of
Health.
B. The State Department of Health may issue civil penalties to
a person who operates as a mobile food vendor without a license,
with a suspended license, or after a license is revoked.
Added by Laws 2025, c. 19, § 4, eff. Nov. 1, 2025.
§63-1-1153. Right to appeal.
A person aggrieved by a decision of the State Department of
Health following a hearing has the right to appeal the decision as
Oklahoma Statutes - Title 63. Public Health and Safety Page 596
provided in the Administrative Procedures Act and rules promulgated
by the State Commissioner of Health.
Added by Laws 2025, c. 19, § 5, eff. Nov. 1, 2025.
§63-1-1154. Construction of act.
A. This act shall not be construed to require a local authority
to adopt a program regulating mobile food vendors or to modify its
existing program regulating mobile food vendors; provided, the
regulations do not conflict with this act.
B. This act shall not be construed to impede the State
Department of Health or local authority in any investigation of a
reported foodborne illness.
Added by Laws 2025, c. 19, § 6, eff. Nov. 1, 2025.
§63-1-1160. False advertising or misbranding food - Penalties.
A. As used in this act:
1. "Agricultural food animal" means any domesticated animal
belonging to the bovine, caprine, ovine, or porcine species, or any
domesticated chicken or turkey;
2. "Cultivated-protein food product" means a food product
having one or more sensory attributes that resemble a type of tissue
originating from an agricultural food animal but that, in lieu of
being derived from meat processing, is derived from manufacturing
cells or nonanimal sources, including processes in which one or more
stem cells are initially isolated from an agricultural food animal,
are grown in vitro, and may be manipulated, as part of a
manufacturing operation;
3. "Identifying meat term" means any word or phrase that
states, indicates, suggests, or describes a meat product and
includes any:
a. common name for the species of the agricultural food
animal subject to slaughter and processing, including
calf, chicken, cow, goat, hog, kid, lamb, pig,
poultry, sheep, or turkey,
b. any characteristic of a species of the agricultural
food animal subject to slaughter and processing,
including beef, broiler, cabrito, chevon, fryer, lamb,
mutton, pork, poulet, veal, or yearling, and
c. common name used to describe a major cut of a meat of
an agricultural food animal slaughtered and processed,
including a major meat cut or any other common name
that a reasonable purchaser would immediately and
exclusively associate with a meat product prepared for
sale in normal commercial channels, including bacon,
bologna, bone, brat, bratwurst, brisket, burger, butt,
chop, chuck, cold cut, cutlet, filet, flat iron,
frank, frankfurter, ham, hamburger, hock, hot dog,
Oklahoma Statutes - Title 63. Public Health and Safety Page 597
jerky, liverwurst, loin, London broil, lunch meat, New
York strip, pepperoni, porterhouse, rib, ribeye,
roast, salami, sausage, shank, sirloin, sparerib,
tenderloin, or any comparable word or phrase;
4. "Insect-protein food product" means a food product having
one or more sensory attributes that resemble a type of tissue
originating from an agricultural food animal but that, in lieu of
being derived from meat processing, is derived from manufacturing
insect parts;
5. "Manufactured-protein food product" means a cultivated
protein food product, insect-protein food product, or plant-protein
food product containing more than a trace amount of plant-protein
food products;
6. "Plant-protein food product" means a food product having one
or more sensory attributes that resemble a type of tissue found in a
species of agricultural food animal but that, in lieu of being
derived from meat processing, is derived from manufacturing plant
parts; and
7. "Qualifying term" means a word, compound word, or phrase
that would clearly disclose to a reasonable purchaser of meat
products that a food product is not a meat product including cell-
cultivated, cell-cultured, fake, grown in a lab, imitation, insect,
insect-based, insect protein, lab-created, lab-grown, meat-free,
meatless, plant, plant-based, vegan, vegetable, vegetarian, veggie,
or any comparable word or phrase.
B. No person shall falsely advertise or misbrand any food or
distribute, offer for sale, or sell any misbranded food.
C. A food shall be deemed to be falsely advertised or
misbranded if:
1. For any manufactured-protein food product that is labeled
with an identifying meat term, such manufactured-protein food
product is not labeled with a conspicuous and prominent qualifying
term in close proximity to the identifying meat term; or
2. For any manufactured-protein food product that is labeled
with an identifying meat term and offered for sale at a food
establishment, such manufactured-protein food product is not labeled
in a manner that is clearly and distinctly separate from any product
that is made from tissue originating from any agricultural food
animal.
D. A manufactured-protein food product is falsely advertised or
misbranded if:
1. All labeling or advertising for such manufactured-protein
food product that lists an identifying meat term does not include a
conspicuous and prominent qualifying term in close proximity to the
identifying meat term; or
Oklahoma Statutes - Title 63. Public Health and Safety Page 598
2. For any manufactured-protein food product that is offered
for sale at a food establishment, such manufactured-protein food
product is not stored in a manner that:
a. keeps such product separate from tissue originating
from agricultural food animals, and
b. uses distinctive shelf tags or other posted
representations to identify and distinguish such
manufactured-protein food product from tissue
originating from agricultural food animals.
E. The Department of Agriculture, Food, and Forestry shall
investigate all credible complaints that food products are falsely
advertised or misbranded as meat products.
F. Any person who violates the provisions of this act shall,
upon conviction, be guilty of a misdemeanor.
G. A manufacturer of food under Sections 1-1118, 1-1118.1, and
1-1119 of Title 63 of the Oklahoma Statutes that violates this act
shall be subject to all enforcement measures as provided by rule of
the Department of Agriculture, Food, and Forestry.
H. The Department of Agriculture, Food, and Forestry may adopt
rules as necessary to implement this section.
Added by Laws 2025, c. 88, § 1, eff. Nov. 1, 2025.
NOTE: Editorially renumbered from § 1-1150 of this title to avoid
duplication in numbering.
§63-1-1201. Hotels, motels, etc. - Licenses required - Rules and
regulations.
A. It shall be unlawful for any person to operate or maintain a
hotel unless he or she shall have first obtained, and holds, a
license issued for such purpose by the State Commissioner of Health.
Unless otherwise provided by rule by the Commissioner, each such
license shall expire on the 30th day of June next following its
issuance, and the Commissioner shall charge and collect therefor an
annual fee to be fixed by the Commissioner. The term "hotel" as
used in this section shall mean and include any hotel, motel,
tourist court, apartment house, rooming house or other place where
sleeping accommodations are furnished, or offered, for pay for
transient guests, if five or more rooms are available therein for
transient guests. This section shall apply to the operation of a
hotel by a state board.
B. The Commissioner may adopt reasonable standards, rules and
regulations for hotels as to the following: cleanliness and
bactericidal treatment of equipment and utensils; cleanliness and
hygiene of personnel; toilet facilities; disposal of wastes; water
supply; and any other items deemed necessary to safeguard the
health, comfort and safety of guests accommodated therein.
Added by Laws 1963, c. 325, art. 12, § 1201. Amended by Laws 2023,
c. 228, § 2, emerg. eff. May 11, 2023.
Oklahoma Statutes - Title 63. Public Health and Safety Page 599
§63-1-1301.1. Renumbered as § 7-401 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.2. Renumbered as § 7-402 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.3. Renumbered as § 7-403 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.4. Renumbered as § 7-404 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.5. Renumbered as § 7-405 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.6. Renumbered as § 7-406 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.7. Renumbered as § 7-407 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.8. Renumbered as § 7-408 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.9. Renumbered as § 7-409 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.10. Renumbered as § 7-410 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.11. Renumbered as § 7-411 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.12. Renumbered as § 7-412 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.13. Renumbered as § 7-413 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.14. Renumbered as § 7-414 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.15. Renumbered as § 7-415 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
Oklahoma Statutes - Title 63. Public Health and Safety Page 600
§63-1-1301.16. Renumbered as § 7-416 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.17. Renumbered as § 7-417 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.18. Renumbered as § 7-418 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.19. Renumbered as § 7-419 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.20. Renumbered as § 7-420 of Title 2 by Laws 1994, c.
140, § 30, eff. Sept. 1, 1994.
§63-1-1301.30. Short title.
This act may be cited as the "Mello-drink Products Act."
Laws 1971, c. 96, § 1, operative July 1, 1971. Renumbered from Title
2, § 7-301 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws
1987, c. 236, § 205, emerg. eff. July 20, 1987.
§63-1-1301.31. Legislative intent.
It is the legislative intent of this act to enable a purchaser
at retail level to distinguish between Mello-drink products and
dairy products, by eliminating the deceptive practices in
advertising and promoting Mello-drink products in their unaltered
state, but it is not intended to regulate the use of or sale of such
products by food establishments in the preparation of food.
Laws 1971, c. 96, § 2, operative July 1, 1971. Renumbered from Title
2, § 7-302 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws
1987, c. 236, § 205, emerg. eff. July 20, 1987.
§63-1-1301.32. Purpose of act.
Mello-drink products resemble milk products so closely that they
lend themselves readily to substitution for and confusion with such
milk products and in many cases cannot be distinguished from milk
products by the ordinary consumer. The manufacture, sale, exchange,
purveying, transportation, possession with intent to sell or
offering for sale or exchange or purveyance of Mello-drink products
creates a condition conducive to substitution, confusion, deception
and fraud, and one which, if permitted to continue without some
controls, tends to interfere with the orderly and fair marketing of
foods essential to the well-being of the people of this state. It
is hereby declared to be the purpose of this act to correct and
eliminate the condition above referred to; to protect the public
from products manufactured under unhealthy and unsanitary
conditions; to protect the public from confusion, fraud and
Oklahoma Statutes - Title 63. Public Health and Safety Page 601
deception; to prohibit practices inimical to the general health and
welfare; and to promote the orderly and fair marketing of essential
foods.
Laws 1971, c. 96, § 3, operative July 1, 1971. Renumbered from Title
2, § 7-303 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws
1987, c. 236, § 205, emerg. eff. July 20, 1987.
§63-1-1301.33. Labeling and advertising.
A. Mello-drink products shall not be advertised, displayed for
sale or sold in any manner or under any circumstances or conditions
likely to mislead, deceive or confuse the public into believing such
product is a milk product.
B. No wording commonly used or associated with or which may be
associated with the production, sale, advertising, distribution or
marketing of a milk product, whether in liquid, powdered, frozen or
any other form, shall be used with or without additional descriptive
words on any label, package or wrapping of any Mello-drink product
or advertisement thereof, whether such use be by word, sound or
other technique or device. These provisions shall not apply to food
prepared in restaurants or cafeterias.
C. No picture or representation of the animal genus bovine or
any other picture, symbol, mark, design or representation commonly
associated with dairy farming or any other phase of the dairy
industry or associated with the production, sale, advertising,
distribution or marketing of milk products, whether in liquid,
powdered, frozen or any other form, shall be used on any label,
package or wrapping of any Mello-drink product or when advertising
any Mello-drink product.
D. No Mello-drink product shall be advertised or labeled as
pasteurized or homogenized unless the whole finished product has
been pasteurized, homogenized or processed in a licensed
manufacturing plant in accordance with the requirements of this act.
E. The label, package or wrapping of a Mello-drink product shall
contain an accurate and complete listing of the ingredients preceded
by the words "ingredients: vegetable oil beverage consisting of".
The common name of each ingredient shall be listed in order of
decreasing predominance, each accompanied by the percentage it
represents of the whole product. Ingredients which represent less
than one percent (1%) of the whole product shall be preceded by the
words "consisting of less than one percent (1%)". The oil or fat
contained in the product shall be listed by the common name given
its specific type. If artificial coloring or flavoring has been
added, the list of ingredients shall so state.
F. The label, package or wrapping of a Mello-drink product may
contain statements and claims which are reasonable, relevant,
truthful, complete and not deceptive or misleading, provided the
label shall contain no statements or claims regarding milk products,
Oklahoma Statutes - Title 63. Public Health and Safety Page 602
except any necessary factual statement regarding any milk products
which are ingredients of the Mello-drink product. The Department
may require satisfactory proof of the compliance of any statement or
claim with the provisions of this subsection. The Department may
require such disclaimers be placed on the label, package or wrapping
as it determines necessary to avoid confusion and deception of the
public and as are consistent with other provisions of this act.
G. The Board shall by rule or regulation establish the size,
including type size, and the location of all terms, pictures,
symbols, marks, designs or other representations to be placed on the
label, package or wrapping of a Mello-drink product so that the
label, package or wrapping is not likely to mislead, deceive or
confuse the public as to the true nature or character of the
product. In no event shall the product name, Mello-drink, be less
than twice the type size of any other term or representation
contained on the label, package or wrapping. The name Mello-drink
shall be prominently displayed to avoid confusion and no other term
or representation shall appear on the same line or within the
immediate area of the label, package or wrapping as the product
name.
Laws 1971, c. 96, § 5, operative July 1, 1971. Amended by Laws 1987,
c. 206, § 31, operative July 1, 1987; Laws 1987, c. 236, § 17,
emerg. eff. July 20, 1987. Renumbered from Title 2, § 7 -305 by Laws
1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, §
205, emerg. eff. July 20, 1987.
§63-1-1301.34. Separate display.
A. Mello-drink products shall not be displayed for sale in the
same units or counters as used for milk products, unless there is a
partition separating said products. In no event shall Mello-drink
products be intermixed or commingled with milk products, but shall
be separately displayed.
B. Units or counters containing Mello-drink products or milk
products shall be clearly labeled to avoid confusion.
Laws 1971, c. 96, § 6, operative July 1, 1971. Renumbered from Title
2, § 7-306 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws
1987, c. 236, § 205, eff. July 20, 1987.
§63-1-1301.35. Food establishments - notice.
A. No food establishment shall place before any patron or
employee any Mello-drink product for use as beverage, unless any
such Mello-drink product or products are clearly identified, in
their original containers, as such or such identification shall be
printed on each menu furnished to such patrons and employees, if not
served in their original container, in legible type of such size as
is used to denote the use of margarine on the menu.
Oklahoma Statutes - Title 63. Public Health and Safety Page 603
B. No food establishment shall serve a Mello-drink product from
a bulk dispenser or container of the type customarily used for or
associated with or which may be associated with a milk product,
unless the bulk dispenser or container is prominently labeled
"Mello-drink product".
Laws 1971, c. 96, § 6, operative July 1, 1971. Renumbered from Title
2, § 7-306 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws
1987, c. 236, § 205, eff. July 20, 1987.
§63-1-1301.36. Registration.
A. Any person engaged in the manufacture of a Mello-drink
product shall separately register each product with the Department
as provided by this section.
B. Each application for a registered product shall be in such
form as prescribed by the Department and shall be accompanied by a
fee of Ten Dollars ($10.00). The application shall include the
ingredients of the product, and the proposed label or labels for the
product. The Department shall approve such application if it
determines the product will comply or has complied with the
provisions of this act. The information required by this subsection
shall be kept current, and shall be amended within thirty (30) days
of any change; provided, that the submission of containers for
approval of minor informational changes on the label or changes in
the promotional panel of the label shall not require the payment of
any fee.
C. No Mello-drink product shall be sold unless it is registered
with and approved by the Department.
D. In addition to any other penalty, the Department or its
authorized agent may, after any hearing, revoke or suspend the
registration of any Mello-drink product for violation of the
provisions of this act.
E. All product registrations made pursuant to this section
shall be confidential. No information contained in the application
for any such registration, or in the registration, shall be divulged
by the Department, except if necessary for the proper determination
of any hearing before the Department or any court proceeding.
Laws 1971, c. 96, § 8, operative July 1, 1971. Amended by Laws 1987,
c. 206, § 32, operative July 1, 1987; Laws 1987, c. 236, § 18,
emerg. eff. July 20, 1987. Renumbered from Title 2, § 7 -308 by Laws
1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, §
205, emerg. eff. July 20, 1987.
§63-1-1301.37. License to manufacture.
A. The Department shall issue an annual license authorizing the
manufacture of Mello-drink products. The license shall expire at
the end of each fiscal year.
Oklahoma Statutes - Title 63. Public Health and Safety Page 604
B. Each application for a license shall be in the form as
prescribed by the Department and shall be accompanied by a fee of
Fifteen Dollars ($15.00).
C. The Department shall issue a license to each applicant who
satisfies the requirements of this act and the rules, regulations
and orders adopted pursuant to this act.
D. It is unlawful and a misdemeanor to engage in the
manufacture of Mello-drink products without a license for the
current fiscal year. Each separate plant or place of manufacturing
shall require a license.
E. The manufacture of Mello-drink products under unhealthful or
insanitary conditions or any other violation of this act shall be
grounds for revocation or suspension of the manufacturer's license.
F. It is unlawful and a misdemeanor for any person to sell,
give away or deliver any Mello-drink product which has been produced
in a plant that is in an insanitary condition, or that is handled by
any carrier or any store or depot that is in an insanitary
condition.
Laws 1971, c. 96, § 9, operative July 1, 1971. Amended by Laws 1987,
c. 206, § 33, operative July 1, 1987; Laws 1987, c. 236, § 19,
emerg. eff. July 20, 1987. Renumbered from Title 2, § 7 -309 by Laws
1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, §
205, emerg. eff. July 20, 1987.
§63-1-1301.38. Import license.
A. It is unlawful and a misdemeanor to import Mello-drink
products into the State of Oklahoma without a license for such
importation.
B. Each application for an import license shall be in the form
as prescribed by the Department and shall be accompanied by a fee of
Fifteen Dollars ($15.00).
C. In addition to an import license, each imported Mello-drink
product must be registered and approved by the Department and
otherwise meet the same requirements and standards as Mello-drink
products manufactured in this state.
D. The application for product registration or the import
license shall not be approved unless the provisions of this act and
the rules, regulations and orders adopted pursuant to the provisions
of this act are satisfied.
Laws 1971, c. 96, § 10, operative July 1, 1971. Amended by Laws
1987, c. 206, § 34, operative July 1, 1987; Laws 1987, c. 236, § 20,
emerg. eff. July 20, 1987. Renumbered from Title 2, § 7 -310 by Laws
1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, §
205, emerg. eff. July 20, 1987.
§63-1-1301.39. Rules, regulations and orders - Waiver on exports.
Oklahoma Statutes - Title 63. Public Health and Safety Page 605
A. The Department shall make and enforce all rules, regulations
and orders that are necessary to carry out the purposes of this act,
to protect the public health and welfare and to prevent deception or
confusion among consumers; providing the Department shall not make
any rules, regulations, or orders, regarding signs or statements to
be used in food establishments, other than those specifically
required in this act. The Department shall designate the various
Mello-drink products in order to facilitate the adoption and
enforcement of rules, regulations and orders.
B. The Board is hereby authorized and directed to establish, by
regulations, the sanitary requirements for the processing,
manufacturing, distribution and sale of Mello-drink products.
C. Notwithstanding any other provisions of this act to the
contrary, the Board may by regulation waive any of the provisions of
this act as they may apply to Mello-drink products manufactured for
sale and distribution exclusively outside of this state; provided
that the regulations contain provisions ensuring that the products
will not be made available or sold to consumers in this state.
Laws 1971, c. 96, § 11, operative July 1, 1971. Amended by Laws
1987, c. 206, § 35, operative July 1, 1987; Laws 1987, c. 236, § 21,
emerg. eff. July 20, 1987. Renumbered from Title 2, § 7 -311 by Laws
1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, §
205, emerg. eff. July 20, 1987.
§63-1-1301.40. Penalties.
A. Any person violating any provisions of this act or any rule,
regulation or order adopted in accordance with its provisions is
guilty of a misdemeanor punishable by a fine of not less than One
Hundred Dollars ($100.00) nor more than One Thousand Dollars
($1,000.00) for each violation or by imprisonment in the county jail
for not to exceed ninety (90) days, or both.
B. Upon failure or refusal of a person to comply with the
provisions of this act or any rule, regulation or order adopted in
accordance with its provisions, the Board or its authorized agent
may file an action in the district court to restrain and enjoin the
person from engaging in further acts violating the provisions of
this act or any rule, regulation or order. The court shall proceed
as in other actions for injunctions. Any person found to be in
contempt of an injunctive order of the court shall be fined not less
than One Hundred Dollars ($100.00) nor more than One Thousand
Dollars ($1,000.00) or be imprisoned in the county jail for not to
exceed ninety (90) days, or both, with each day constituting a
separate contempt.
Laws 1971, c. 96, § 14, operative July 1, 1971. Renumbered from
Title 2, § 7-314 by Laws 1987, c. 206, § 97, operative July 1, 1987;
Laws 1987, c. 236, § 205, emerg. eff. July 20, 1987.
Oklahoma Statutes - Title 63. Public Health and Safety Page 606
§63-1-1301.41. Deposit of funds.
All monies received by the Department for any purpose under this
act shall be deposited to the Milk Inspection Revolving Fund.
Laws 1971, c. 96, § 15, operative July 1, 1971. Amended by Laws
1987, c. 206, § 36, operative July 1, 1987; Laws 1987, c. 236, § 22,
emerg. eff. July 20, 1987. Renumbered from Title 2, § 7 -315 by Laws
1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, §
205, emerg. eff. July 20, 1987.
§63-1-1330. Short title - Oklahoma Honey Sales Act.
This act shall be known and may be cited as the "Oklahoma Honey
Sales Act".
Added by Laws 2013, c. 20, § 1, eff. July 1, 2013.
§63-1-1331. Beekeepers - Exemptions from regulation and inspection.
A. Beekeepers with annual production of less than five hundred
(500) gallons who do not qualify for the exemption provided in
Section 5-4.3 of Title 2 of the Oklahoma Statutes shall be exempt
from regulation and inspection by the State Department of Health for
the manufacture, sale, and distribution of honey and honeycomb
products in Oklahoma if they meet the following requirements:
1. The beekeeper shall only sell or distribute honey or
honeycomb produced from hives located wholly within this state which
are owned and managed by the beekeeper;
2. The honey, honeycomb, or combination thereof is raw and not
blended with other products or otherwise adulterated. The honey may
be in liquid or solid form or a combination of the two;
3. The honey or honeycomb shall be sold in-person or by a
designated agent of the beekeeper to the end-use customer, or online
by the beekeeper, or distributed in person to the end-use customer
by an employee of the beekeeper, or distributed by a carrier, such
as a parcel delivery service, to the end-use customer or to a vendor
or retail establishment for resale; and
4. Honey products shall be labeled with the common food product
name, net weight of the honey, the beekeeper's name, current ten
(10) digit phone number, an address where the honey or honeycomb was
produced, and shall include the statement, "Bottled or packaged in a
facility not inspected by the Oklahoma Department of Health." The
statement shall be in 10-point type or greater in a color that
provides clear contrast to the background label.
B. No county, municipal corporation, consolidated government,
or political subdivision of this state shall adopt or continue in
effect any ordinance, rule, regulation, or resolution prohibiting,
impeding, or restricting honey sales or distribution in compliance
with this law.
Added by Laws 2013, c. 20, § 2, eff. July 1, 2013. Amended by Laws
2021, c. 441, § 7, eff. Nov. 1, 2021.
Oklahoma Statutes - Title 63. Public Health and Safety Page 607
§63-1-1401. Definitions.
For the purposes of this article:
A. The term "drug" means:
1. Articles recognized in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United
States, or official National Formulary, or any supplement to any of
them;
2. Articles intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in man or other
animals;
3. Articles, other than food, intended to affect the structure
or any function of the body of man or other animals; and
4. Articles intended for use as a component of any article
specified in paragraphs 1, 2 and 3 of this subsection; but does not
include devices or their components, parts or accessories.
B. The term "device", except when used in subsection K of this
section and in subsection (i) of Section 1-1402, subsection (c) of
Section 1-1409, and subsection (c) of Section 1-1411 of this title,
means instruments, apparatus and contrivances, including their
components, parts and accessories, intended:
1. For use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or other animals; or
2. To affect the structure or any function of the body of man
or other animals.
C. The term "cosmetic" means:
1. Articles intended to be rubbed, poured, sprinkled or sprayed
on, introduced into, or otherwise applied to the human body or any
part thereof for cleansing, beautifying, promoting attractiveness or
altering the appearance; and
2. Articles intended for use as a component of any such
articles, except that such term shall not include soap.
D. The term "official compendium" means authoritative compendia
as identified by the Secretary of the United States Department of
Health and Human Services.
E. The term "label" means a display of written, printed or
graphic matter upon the immediate container of any article; and a
requirement made by or under authority of this article that any
word, statement, or other information appear on the label shall not
be considered to be complied with unless such work, statement, or
other information also appears on the outside container or wrapper,
if any there be, of the retail package of such article, or is easily
legible through the outside container or wrapper.
F. The term "immediate container" does not include package
liners.
G. The term "labeling" means all labels and other written,
printed or graphic matter:
Oklahoma Statutes - Title 63. Public Health and Safety Page 608
1. Upon an article or any of its containers or wrappers; or
2. Accompanying such article.
H. If an article is alleged to be misbranded because the
labeling is misleading, or if an advertisement is alleged to be
false because it is misleading, then, in determining whether the
labeling or advertisement is misleading, there shall be taken into
account (among other things) not only representations made or
suggested by statement, word, design, device, sound, or in any
combination thereof, but also the extent to which the labeling or
advertisement fails to reveal facts material in the light of such
representations or material with respect to consequences which may
result from the use of the article to which the labeling or
advertisement relates under the conditions of use prescribed in the
labeling or advertisement thereof or under such conditions of use as
are customary or usual.
I. The term "advertisement" means all representations
disseminated in any manner or by any means, other than labeling, for
the purpose of inducing, or which are likely to induce, directly or
indirectly, the purchase of drugs, devices, or cosmetics.
J. The representation of a drug, in its labeling or
advertisement, as an antiseptic shall be considered to be a
representation that it is a germicide, except in the case of a drug
purporting to be, or represented as, an antiseptic for inhibitory
use as a wet dressing, ointment, dusting powder, or such other use
as involves prolonged contact with the body.
K. The term "contaminated with filth" applies to any drug,
device, or cosmetic not securely protected from dust, dirt, and, as
far as may be necessary by all reasonable means, from all foreign or
injurious contaminations.
L. The provisions of this article regarding the selling of
drugs, devices, or cosmetics shall be considered to include the
manufacture, production, processing, packing, exposure, offer,
possession, and holding of any such article for sale; and the sale,
dispensing, and giving of any such article, and the supplying or
applying of any such article in the conduct of any drug or cosmetic
manufacturing establishment.
M. The term "Federal Act" means the Federal Food, Drug, and
Cosmetic Act, as amended.
Added by Laws 1963, c. 325, art. 14, § 1401, operative July 1, 1963.
Amended by Laws 2010, c. 157, § 1, eff. Nov. 1, 2010.
§63-1-1402. Acts prohibited.
The following acts and the causing thereof within the State of
Oklahoma are hereby prohibited:
(a) The manufacture, sale, or delivery, holding or offering for
sale of any drug, device, or cosmetic that is adulterated or
misbranded.
Oklahoma Statutes - Title 63. Public Health and Safety Page 609
(b) The adulteration or misbranding of any drug, device, or
cosmetic.
(c) The receipt in commerce of any drug, device, or cosmetic
that is adulterated or misbranded, and the delivery or proffered
delivery thereof for pay or otherwise.
(d) The dissemination of any false advertisement.
(e) The refusal to permit entry or inspection, or to permit the
taking of a sample, as authorized by Section 1414 of this article.
(f) The giving of a guaranty or undertaking which guaranty or
undertaking is false, except by a person who relied on a guaranty or
undertaking to the same effect signed by, and containing the name
and address of, the person residing in the United States from whom
he received in good faith the drug, device or cosmetic.
(g) The removal or disposal of a detained or embargoed article
in violation of Section 1405 of this article.
(h) The alteration, mutilation, destruction, obliteration, or
removal of the whole or any part of the labeling of, or the doing of
any other act with respect to, a drug, device, or cosmetic, if such
act is done while such article is held for sale and results in such
article being adulterated or misbranded.
(i) Forging, counterfeiting, simulating, or falsely
representing, or without proper authority using any mark, stamp,
tag, label, or other identification device authorized or required by
regulations promulgated under the provisions of this article.
Laws 1963, c. 325, art. 14, § 1402.
§63-1-1403. Injunction.
In addition to the remedies hereinafter provided, the
Commissioner is hereby authorized to apply to the district court
for, and such court shall have jurisdiction upon hearing and for
cause shown to grant, a temporary or permanent injunction
restraining any person from violating any of the provisions of the
preceding sections of this article, irrespective of whether or not
there exists an adequate remedy at law.
Laws 1963, c. 325, art. 14, § 1403.
§63-1-1404. Violations - Penalties - Exemptions.
(a) Any person who violates any of the provisions of Section
1402 of this article shall be guilty of a misdemeanor, and shall on
conviction thereof be subject to imprisonment for not more than
thirty (30) days, or a fine of not more than One Hundred Dollars
($100.00), or both such imprisonment and fine; but if the violation
is committed after a conviction of such person under this section
has become final, such person shall be subject to imprisonment for
not more than six (6) months, or a fine of not more than Five
Hundred Dollars ($500.00), or both such imprisonment and fine.
Oklahoma Statutes - Title 63. Public Health and Safety Page 610
(b) No person shall be subject to the penalties of subsection
(a) of this section, for having violated Section 1402(a) or (c) of
this article, if he establishes a guaranty or undertaking signed by,
and containing the name and address of, the person residing in the
United States from whom he received in good faith the article, to
the effect that such article is not adulterated or misbranded within
the meaning of this article, designating this article.
(c) No publisher, radiobroadcast or television licensee, or
agency or medium for the dissemination of an advertisement, except
the manufacturer, packer, distributor, or seller of the article to
which a false advertisement relates, shall be liable under this
section by reason of the dissemination by him of such false
advertisement, unless he has refused, on the request of the State
Commissioner of Health, or his duly-authorized agent, to furnish the
Commissioner the name and post office address of the manufacturer,
packer, distributor, seller, or advertising agency residing in the
United States who caused him to disseminate such advertisement.
Laws 1963, c. 325, art. 14, § 1404.
§63-1-1405. Embargo.
(a) Whenever a duly-authorized agent of the State Commissioner
of Health finds, or has probable cause to believe, that any drug,
device, or cosmetic is adulterated, or so misbranded as to be
dangerous or fraudulent, within the meaning of this article, he
shall, upon approval and authorization of the Commissioner, affix to
such article a tag or other appropriate marking, giving notice that
such article is, or is suspected of being, adulterated or misbranded
and has been detained or embargoed, and warning all persons not to
remove or dispose of such article by sale or otherwise until
permission for removal or disposal is given by such agent or the
court. It shall be unlawful for any person to remove or dispose of
such detained or embargoed article by sale or otherwise without such
permission.
(b) The Commissioner shall have twenty (20) days from the time
an article is embargoed in which to make a final determination as to
its adulteration or misbranding. Failure to find the article to be
adulterated or misbranded within such time shall result in the
embargo being void and lifted. When the Commissioner has found an
article to be adulterated or misbranded as provided herein, he shall
immediately petition the district court in whose jurisdiction the
article is detained or embargoed for condemnation of such article.
When such agent has found that an article so detained or embargoed
is not adulterated or misbranded, he shall remove the tag or other
marking. Any person whose interest is affected adversely by an
embargo imposed under the terms of this article may appeal direct
from a ruling of the Commissioner to the district court in whose
Oklahoma Statutes - Title 63. Public Health and Safety Page 611
jurisdiction the article is embargoed, and a trial de novo shall be
had in such court on the question of adulteration or misbranding.
(c) If the court finds that a detained or embargoed article is
adulterated or misbranded, such article shall, after entry of the
decree, be destroyed at the expense of the claimant thereof, under
the supervision of such agent, and all court costs and fees, and
storage and other proper expenses shall be taxed against the
claimant of such article or his agent; provided, that when the
adulteration or misbranding can be corrected by proper labeling or
processing of the article, the court, after entry of the decree and
after such costs, fees, and expenses have been paid and a good and
sufficient bond, conditioned that such article shall be so labeled
or processed, has been executed, may by order direct that such
article be delivered to the claimant thereof for such labeling or
processing under the supervision of an agent of the Commissioner.
The expense of such supervision shall be paid by the claimant. Such
bond shall be returned to the claimant of the article on
representation to the court by the Commissioner that the article is
no longer in violation of this article, and that the expenses of
such supervision have been paid.
(d) Whenever the Commissioner or any of his authorized agents
shall find in any room, building, vehicle of transportation or other
structure any perishable drugs, devices or cosmetics which are
unsound, or contain any filthy, decomposed or putrid substance, or
that may be poisonous or deleterious to health or otherwise unsafe,
the same being hereby declared to be a nuisance, the Commissioner,
or his authorized agent, shall forthwith condemn or destroy the
same, or in any other manner render the same unsalable.
Laws 1963, c. 325, art. 14, § 1405.
§63-1-1406. Prosecution for violations.
It shall be the duty of each district attorney to whom the
Commissioner of Health reports any violation of this act to cause
appropriate proceedings to be instituted in the proper courts
without delay and to be prosecuted in the manner required by law.
Laws 1963, c. 325, art. 14, § 1406, operative July 1, 1963; Laws
1992, c. 52, § 2, eff. Sept. 1, 1992.
§63-1-1407. Minor violations.
Nothing in this article shall be construed as requiring the
State Commissioner of Health to report, for the institution of
proceedings under this article, minor violations of this article,
whenever the Commissioner believes that the public interest will be
adequately served in the circumstances by a suitable written notice
or warning.
Laws 1963, c. 325, art. 14, § 1407.
Oklahoma Statutes - Title 63. Public Health and Safety Page 612
§63-1-1408. Adulteration of drugs and devices.
A drug or device shall be deemed to be adulterated:
1. If it consists in whole or in part of any filthy, putrid or
decomposed substance;
2. If it has been produced, prepared, packed or held under
unsanitary conditions whereby it may have been contaminated with
filth, or whereby it may have been rendered injurious to health;
3. If it is a drug and its container is composed, in whole or
in part, of any poisonous or deleterious substance which may render
the contents injurious to health;
4. If it is a drug and it bears or contains, for purposes of
coloring only, a coal tar color other than one from a batch
certified under the authority of the Federal Food, Drug and Cosmetic
Act, 21 U.S.C., Section 301 et seq.;
5. If it purports to be or is represented as a drug the name of
which is recognized in an official compendium, and its strength
differs from, or its quality or purity falls below, the standard set
forth in such compendium. Such determination as to strength,
quality or purity shall be made in accordance with the tests or
methods of assay set forth in such compendium, or, in the absence of
or inadequacy of such tests or methods of assay, those prescribed
under authority of the federal act. No drug defined in an official
compendium shall be deemed to be adulterated under this paragraph
because it differs from the standard of strength, quality or purity
therefor set forth in such compendium, if its difference in
strength, quality or purity from such standard is plainly stated on
its label. Whenever a drug is recognized in both the United States
Pharmacopoeia and the Homoeopathic Pharmacopoeia of the United
States it shall be subject to the requirements of the United States
Pharmacopoeia unless it is labeled and offered for sale as a
homoeopathic drug, in which case it shall be subject to the
provisions of the Homoeopathic Pharmacopoeia of the United States
and not to those of the United States Pharmacopoeia;
6. If it is not subject to the provisions of paragraph 2 of
this section and its strength differs from, or its purity or quality
falls below, that which it purports or is represented to possess;
7. If it is a drug and any substance has been:
a. mixed or packed therewith so as to reduce its quality
or strength, or
b. substituted wholly or in part therefor; or
8. If it is sold or offered for sale and is not lawfully
marketed under the federal act for the purpose for which, and in the
form in which, it is sold or offered for sale, unless the drug or
device has been exempted from the requirements of this paragraph by
the Commissioner of Health, or if the drug is compounded by a
registered pharmacist pursuant to a prescription by a licensed
practitioner.
Oklahoma Statutes - Title 63. Public Health and Safety Page 613
Laws 1963, c. 325, art. 14, § 1408, operative July 1, 1963; Laws
1992, c. 52, § 3, eff. Sept. 1, 1992.
§63-1-1409. Misbranding of drugs and devices.
A drug or device shall be deemed to be misbranded:
(a) if its labeling is false or misleading in any particular.
(b) if in package form unless it bears a label containing:
(1) the name and place of business of the
manufacturer of any prescription drug or device and the packer or
distributor; and the name and place of business of the manufacturer,
packer or distributor of any nonprescription drug or device.
Manufacturer, as used herein, shall mean the person or firm which
has mixed, tableted, encapsulated or otherwise prepared the drug in
the form in which it is offered for sale to pharmacies.
(2) an accurate statement of the quantity of the
contents in terms of weight, measure or numerical count; provided
that under this clause reasonable variations shall be permitted, and
exemptions as to small packages shall be established, by regulations
prescribed by the State Board of Health.
(c) if any word, statement, or other information required by or
under authority of this article to appear on the label or labeling
is not prominently placed thereon with such conspicuousness (as
compared with other words, statements, designs or devices, in the
labeling) and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of
purchase and use.
(d) if it is for use by man and contains any quantity of the
narcotic or hypnotic substance alpha-eucaine, barbituric acid,
betaeucaine, bromal, cannabis, carbromal, chloral, coca, cocaine,
codeine, heroin, marihuana, morphine, opium, paraldehyde, peyote, or
sulphonmethane; or any chemical derivative of such substance, which
derivative has been by the State Commissioner of Health, after
investigation, found to be, and by regulations under this article
designated as, habit forming, unless its label bears the name and
quantity or proportion of such substance or derivative and in
juxtaposition therewith the statement "Warning-May Be Habit
Forming."
(e) if it is a drug and is not designated solely by a name
recognized in an official compendium unless its label bears:
(1) the common or usual name of the drug, if such
there be; and
(2) in case it is fabricated from two or more
ingredients, the common or usual name of each active ingredient,
including the kind, quantity and proportion of any alcohol, and also
including, whether active or not, the name and quantity or
proportion of any bromides, ether, chloroform, acetanilid,
acetphenetidin, antipyrine, atropine, hyoscine, hyoscyamine, arsenic
Oklahoma Statutes - Title 63. Public Health and Safety Page 614
digitalis, digitalis glucosides, mercury, ouabain, strophanthin,
strychnine, thyroid, or any derivative or preparation of any such
substances, contained therein; provided, that to the extent that
compliance with the requirements of this clause is impracticable,
exemptions shall be established by regulations promulgated by the
Board.
(f) unless its labeling bears:
(1) adequate directions for use, and
(2) such adequate warnings against use in those
pathological conditions or by children where its use may be
dangerous to health, or against unsafe dosage or methods or duration
of administration or application, in such manner and form, as are
necessary for the protection of users; provided, that where any
requirement of clause (1) of this paragraph, as applied to any drug
or device, is not necessary for the protection of the public health,
the Board shall promulgate regulations exempting such drug or device
from such requirements.
(g) if it purports to be a drug the name of which is recognized
in an official compendium, unless it is packaged and labeled as
prescribed therein; provided, that the method of packing may be
modified with the consent of the Board. Whenever a drug is
recognized in both the United States Pharmacopoeia, and the
Homeopathic Pharmacopoeia of the United States, it shall be subject
to requirements of the United States Pharmacopoeia with respect to
packaging and labeling unless it is labeled and offered for sale as
a homeopathic drug, in which case it shall be subject to the
provisions of the Homeopathic Pharmacopoeia of the United States,
and not to those of the United States Pharmacopoeia.
(h) if it has been found by the Commissioner to be a drug
liable to deterioration, unless it is packaged in such form and
manner, and its label bears a statement of such precautions, as the
Board shall by regulations require as necessary for the protection
of public health. No such regulation shall be established for any
drug recognized in an official compendium until the Commissioner
shall have informed the appropriate body charged with the revision
of such compendium of the need for such packaging or labeling
requirements and such body shall have failed within a reasonable
time to prescribe such requirement.
(i) if it is a drug and its container is so made, formed, or
filled as to be misleading; if it is an imitation of another drug;
or if it is offered for sale under the name of another drug.
(j) if it is dangerous to health when used in the dosage or
with the frequency or duration prescribed, recommended, or suggested
in the labeling thereof.
(k) if it is a drug intended for use by man which:
(1) is a habit-forming drug to which paragraph (d)
of this section applies; or
Oklahoma Statutes - Title 63. Public Health and Safety Page 615
(2) because of its toxicity or other potentiality
for harmful effect, or the method of use, or the collateral measures
necessary to its use, is not safe for use except under the
supervision of a physician, dentist or veterinarian; or
(3) is limited by an effective application under
Section 505 of the Federal Act to use under professional supervision
by a physician, dentist or veterinarian, unless it is dispensed
only:
(i) upon a written prescription of a physician,
dentist or veterinarian, or
(ii) upon the oral prescription of a physician,
dentist or veterinarian which is reduced promptly to writing and
filed by the pharmacist, or
(iii) by refilling any such written or oral
prescription if such refilling is authorized by the prescriber
either in the original prescription or by oral order which is
promptly reduced to writing and filed by the pharmacist; provided,
that any drug dispensed by filling or refilling a written or oral
prescription of a physician, dentist, or veterinarian shall be
exempt from the requirements of this section, except paragraphs (a)
and (i), if the drug bears a label containing the name and address
of the dispenser, the serial number and date of the prescription or
its filling, the name of the prescriber, and, if stated in the
prescription, the name of the patient, and the directions for use
and cautionary statements, if any, contained in such prescription.
This exemption shall not apply to any drug dispensed in the course
of the conduct of a business of dispensing drugs, pursuant to
diagnosis by mail.
(1) if the packaging, name or appearance of a prescription
drug product is deceptively similar to or would cause unnecessary
confusion with competitive, chemically-similar drug products which
have a previously established or substantial position in the
marketplace.
Laws 1963, c. 325, art. 14, § 1409; Laws 1976, c. 181, § 1, eff.
Jan. 1, 1977.
§63-1-1410. Adulteration of cosmetics.
A cosmetic shall be deemed to be adulterated:
(a) if it bears or contains any poisonous or deleterious
substance which may render it injurious to users under the
conditions of use prescribed in the labeling or advertisement
thereof, or under such conditions of use as are customary or usual.
Provided, that this provision shall not apply to coal tar hair dye,
the label of which bears the following legend conspicuously
displayed thereon: "Caution-This product contains ingredients which
may cause skin irritation on certain individuals and a preliminary
test according to accompanying directions should first be made. This
Oklahoma Statutes - Title 63. Public Health and Safety Page 616
product must not be used for dyeing the eyelashes or eyebrows; to do
so may cause blindness", and the labeling of which bears adequate
directions for such preliminary testing. For the purposes of this
paragraph and paragraph (e) the term "hair dye" shall not include
eyelash dyes or eyebrow dyes.
(b) if it consists in whole or in part of any filthy, putrid, or
decomposed substance.
(c) if it has been produced, prepared, packed, or held under
insanitary conditions whereby it may have become contaminated with
filth, or whereby it may have been rendered injurious to health.
(d) if its container is composed, in whole or in part, of any
poisonous or deleterious substance which may render the contents
injurious to health.
(e) if it is not a hair dye and it bears or contains a coal tar
color other than one from a batch which has been certified under
authority of the Federal Act.
Laws 1963, c. 325, art. 14, § 1410.
§63-1-1411. Misbranding of cosmetics.
A cosmetic shall be deemed to be misbranded:
(a) if its labeling is false or misleading in any particular.
(b) if in package form unless it bears a label containing (1)
the name and place of business of the manufacturer, packer, or
distributor; and (2) an accurate statement of the quantity of the
contents in terms of weight, measure, or numerical count; provided
that under clause (2) of this paragraph reasonable variations shall
be permitted, and exemptions as to small packages shall be
established by regulations prescribed by the State Board of Health.
(c) if any word, statement, or other information required by or
under authority of this article to appear on the label or labeling
is not prominently placed thereon with such conspicuousness (as
compared with other words, statements, designs, or devices, in the
labeling) and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of
purchase and use.
(d) if its container is so made, formed, or filled as to be
misleading.
Laws 1963, c. 325, art. 14, § 1411.
§63-1-1412. Advertisements - False or misleading.
(a) An advertisement of a drug, device, or cosmetic shall be
deemed to be false if it is false or misleading in any particular.
(b) For the purposes of this article, the advertisement of a
drug or device representing it to have any effect in albuminuria,
appendicitis, arteriosclerosis, blood poison, bone disease, Bright's
disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria,
dropsy, erysipelas, gallstone, heart and vascular diseases, high
Oklahoma Statutes - Title 63. Public Health and Safety Page 617
blood pressure, mastoiditis, measles, meningitis, mumps, nephritis,
otitis media, paralysis, pneumonia, poliomyelitis (infantile
paralysis), prostate gland disorders, pyelitis, scarlet fever,
sexual impotence, sinus infection, smallpox, tuberculosis, tumors,
typhoid, uremia, or sexually transmitted infection (STI) shall also
be deemed to be false, except that no advertisement not in violation
of subsection (a) of this section shall be deemed to be false under
this subsection if it is disseminated only to members of the
medical, dental, or veterinary professions, or appears only in
scientific periodicals of those professions, or is disseminated only
for the purpose of public health education by persons not
commercially interested, directly or indirectly, in the sale of
drugs or devices; provided, that whenever the State Commissioner of
Health determines that an advance in medical science has made any
type of self-medication safe as to any of the diseases named above,
the State Board of Health shall by regulation authorize the
advertisement of drugs having curative or therapeutic effect for
such disease, subject to such conditions and restrictions as the
Board and the Commissioner may deem necessary in the interests of
public health; provided, that this subsection shall not be construed
as indicating that self-medication for disease other than those
named herein is safe or efficacious.
Added by Laws 1963, c. 325, art. 14, § 1412, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 35, eff. Nov. 1, 2011.
§63-1-1413. Regulations - Hearings - Notice.
(a) The authority to promulgate regulations for the efficient
enforcement of this article is hereby vested in the State Board of
Health, which is hereby authorized to make regulations promulgated
under this article conform, insofar as practicable, with those
promulgated under the Federal Act.
(b) Hearings authorized or required by this article shall be
conducted by the State Commissioner of Health or such officer,
agent, or employee as the Commissioner may designate for the
purpose.
(c) Before promulgating any regulations contemplated by Section
1409(d), (e), (f), (g), (h), and (k) or 1412(b), the Board shall
give appropriate notice of the proposal and of the time and place
for a hearing. The regulation so promulgated shall become effective
on a date fixed by the Board (which date shall not be prior to
twenty (20) days after its promulgation). Such regulation may be
amended or repealed in the same manner as is provided for its
adoption, except that in the case of a regulation amending or
repealing such regulation the Board, to such extent as it deems
necessary in order to prevent undue hardship, may disregard the
foregoing provisions regarding notice, hearing or effective date.
Laws 1963, c. 325, art. 14, § 1413.
Oklahoma Statutes - Title 63. Public Health and Safety Page 618
§63-1-1414. Inspections.
The State Commissioner of Health or his duly-authorized agent
shall have free access at all reasonable hours to any factor,
warehouse, or establishment in which drugs, devices, or cosmetics
are manufactured, processed, packed, or held for introduction into
commerce, or to enter any vehicle being used to transport or hold
such drugs, devices, or cosmetics in commerce, for the purpose: (1)
of inspecting such factory, warehouse, establishment, or vehicle to
determine if any of the provisions of this article are being
violated, and (2) to secure samples or specimens of any drug,
device, or cosmetic after paying or offering to pay for such sample.
It shall be the duty of the Commissioner to make or cause to be made
examination of samples secured under the provisions of this section
to determine whether or not any provision of this article is being
violated.
Laws 1963, c. 325, art. 14, § 1414.
§63-1-1415. Publication of reports and information.
(a) The State Commissioner of Health may cause to be published,
from time to time, reports summarizing all judgments, decrees, and
court orders which have been rendered under this article, including
the nature of the charge and the disposition thereof.
(b) The Commissioner may also cause to be disseminated such
information regarding drugs, devices, and cosmetics as the
Commissioner deems necessary in the interest of public health and
the protection of the consumer against fraud. Nothing in this
section shall be construed to prohibit the Commissioner from
collecting, reporting, and illustrating the results of the
investigations of the Commissioner.
Laws 1963, c. 325, art. 14, § 1415.
§63-1-1430. Forced implantation of microchip or permanent mark
prohibited.
A. No person, state, county, or local governmental entity or
corporate entity may require an individual to undergo the implanting
of a microchip or permanent mark of any kind or nature upon the
individual.
B. The State Department of Health may impose a fine not to
exceed Ten Thousand Dollars ($10,000.00) on any person who violates
this act. Each day of continued violation shall constitute a
separate offense.
Added by Laws 2008, c. 337, § 1, eff. Nov. 1, 2008.
§63-1-1431. Labeling requirements for cannabidiol.
Oklahoma Statutes - Title 63. Public Health and Safety Page 619
A. Any manufactured product containing cannabidiol, as provided
for in Section 2-101 of Title 63 of the Oklahoma Statutes, shall
include a label which contains, at a minimum:
1. The country of origin of the cannabidiol; and
2. Whether the cannabidiol is synthetic or natural.
B. The provisions of this section shall not apply to any
pharmaceutical product approved by the Food and Drug Administration.
C. Retail sales of industrial hemp and hemp products may be
conducted without a license so long as the products and the hemp
used in the products were grown and cultivated legally in this state
or another state or jurisdiction and meet the same or substantially
the same requirements for processing hemp products or growing hemp.
The addition of derivatives of hemp, including hemp-derived
cannabidiol, to cosmetics, personal care products and products
intended for human or animal consumption shall be permitted without
a license and shall not be considered an adulteration of such
products. Nothing in this section shall exempt any individual or
entity from compliance with food safety and licensure laws, rules
and regulations as set forth under the Oklahoma Public Health Code.
Added by Laws 2019, c. 352, § 1, eff. Nov. 1, 2019.
§63-1-1432.1. Short title - Oklahoma Kratom Consumer Protection
Act.
Sections 1 through 5 of this act shall be known and may be cited
as the "Oklahoma Kratom Consumer Protection Act".
Added by Laws 2021, c. 500, § 1, eff. Nov. 1, 2021.
§63-1-1432.2. Definitions.
As used in the Oklahoma Kratom Consumer Protection Act:
1. “Food” means a food, food product, food ingredient, dietary
ingredient, dietary supplement or beverage for human consumption;
2. “Independent testing laboratory” means a laboratory that:
a. does not have a direct or indirect interest in the
entity whose product is being tested,
b. does not have a direct or indirect interest in a
facility that processes, distributes, dispenses, or
sells kratom products in this state or in another
jurisdiction, and
c. is nationally accredited by an accrediting body as
defined by Section 150.37 of Title 74 of the Oklahoma
Statutes;
3. “Kratom leaf” means the leaf of the kratom plant, Mitragyna
speciosa, in fresh or dehydrated or dried form that undergoes no
post-harvest processing other than drying or size reduction by
cutting, milling, or similar procedure, and may be cleaned or
sterilized using standard treatments applied to food ingredients,
such as heat, steam, pressurization, or irradiation or other
Oklahoma Statutes - Title 63. Public Health and Safety Page 620
standard treatments applied to food ingredients. The total alkaloid
content of kratom leaf material used in the kratom product shall not
exceed three and one-half percent (3.5%) measured on a dried weight-
to-weight basis;
4. “Kratom leaf extract” means the material obtained by
extracting kratom using a solvent consisting of:
a. water, ethanol, or food-grade carbon dioxide (CO2), or
b. any other solvent allowed by federal or state
regulation for use in manufacturing a food ingredient.
The extracted material shall contain mitragynine as the most
abundant alkaloid, measured on a weight-to-weight basis;
5. “Kratom product” means a food or dietary supplement that
consists of or contains kratom leaf or kratom leaf extract that does
not contain any synthesized kratom alkaloids, other synthesized
kratom constituents, or synthesized metabolites of any kratom
constituent in which the level of 7-hydroxymitragynine, on a percent
weight basis, is not greater than one percent (1%) of the amount of
total kratom alkaloids, as confirmed with a high-performance liquid
chromatography testing method. For purposes of this paragraph,
“synthesized” refers to substances produced using directed synthetic
or biosynthetic chemistry, as opposed to traditional food
preparation techniques such as heating or extracting;
6. “Total kratom alkaloids” means the sum of mitragynine,
speciociliatine, speciogynine, paynantheine, and 7-
hydroxymitragynine; and
7. “Vendor” means a person or entity that sells, prepares or
maintains kratom products or that advertises, represents, or holds
himself, herself, or itself out as selling, preparing or maintaining
kratom products and includes a manufacturer, wholesaler, store,
restaurant, hotel, catering facility, camp, bakery, delicatessen,
supermarket, grocery store, convenience store, nursing home, or food
or drink company.
Added by Laws 2021, c. 500, § 2, eff. Nov. 1, 2021. Amended by Laws
2024, c. 278, § 1, eff. Nov. 1, 2024; Laws 2025, c. 299, § 1, eff.
Nov. 1, 2025.
§63-1-1432.3. Product disclosure by vendor.
A. A vendor that prepares, distributes, sells or exposes for
sale a food or product that contains kratom as an ingredient or that
is represented to be a kratom product shall disclose on the product
label, website, or a quick response (QR) code on the product label
linked to a website, the factual basis on which that representation
is made.
B. A vendor shall not prepare, distribute, sell or expose for
sale a food or ingredient that contains kratom as an ingredient or
that is represented to be a kratom product that does not conform to
the disclosure required by this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 621
Added by Laws 2021, c. 500, § 3, eff. Nov. 1, 2021.
§63-1-1432.4. Prohibited products – Labeling requirements –
Distribution to minors prohibited – Test results.
A. A vendor shall not prepare, distribute, sell, or expose for
sale any of the following:
1. A kratom product that does not meet the definition for a
kratom product pursuant to Section 1-1432.2 of this title;
2. A kratom product that is contaminated with a dangerous
nonkratom substance. A kratom product is contaminated with a
dangerous nonkratom substance if the kratom product contains a
substance that is not safe for human consumption;
3. A kratom product containing a level of 7-hydroxymitragynine
in the alkaloid fraction that is greater than one percent (1%) of
the alkaloid composition of the product;
4. A kratom product containing any synthesized alkaloid
including synthesized mitragynine, synthesized 7-hydroxymitragynine
or any other synthesized compounds of the kratom plant;
5. A kratom product containing any controlled substance listed
in the Uniform Controlled Dangerous Substances Act, unless the
product is compounded by a licensed pharmacist with the controlled
substance dispensed in accordance with a valid prescription; or
6. A kratom product containing a level of any residual solvent
that was used in the manufacturing of the extract that exceeds the
residual level specified for pharmaceutical products in the document
“Q3C - Tables and List, Guidance for Industry, (June 2017) ICH
Revision 3” issued by the United States Department of Health and
Human Services, Food and Drug Administration.
B. Kratom products shall be accompanied by a label bearing the
following information prior to its sale in this state:
1. A list of the ingredients, which shall include the common or
usual name of each ingredient used in the manufacture of the
product, listed in descending order of predominance;
2. That the sale or transfer of kratom to a person under
eighteen (18) years of age is prohibited;
3. The amount of total kratom alkaloids, mitragynine, and 7-
hydroxymitragynine contained in the product;
4. The amount of total kratom alkaloids, mitragynine, and 7-
hydroxymitragynine contained in packaging for the product;
5. The name and the principal street address of the vendor or
the person responsible for distributing the product;
6. Any federal food allergen labeling requirements, if
applicable, and clear and adequate directions for the consumption
and safe and effective use of such product, including the
recommended serving size, the number of servings in the container,
and the number of servings that can be safely consumed in a day.
Provided, liquid kratom products shall be packaged in a retail
Oklahoma Statutes - Title 63. Public Health and Safety Page 622
container that has clear serving size markings and be subject to the
following requirements:
a. products of less than eight (8) fluid ounces which
contain more than three servings shall be accompanied
by a calibrated measuring device, and
b. if such a product contains more than the eight (8)
fluid ounces, the requirements specified in
subparagraph a of this paragraph do not apply;
7. Any precautionary statements as to the safety and
effectiveness of the product, including a warning that a consumer
should consult a health care professional on questions about the use
of kratom and that the product may be habit-forming; and
8. A statement that states, “These statements have not been
evaluated by the United States Food and Drug Administration. This
product is not intended to diagnose, treat, cure, or prevent any
disease.”
C. A vendor may not distribute, sell, or expose for sale a
kratom product to an individual under eighteen (18) years of age.
D. Upon request by the State Department of Health, the vendor
shall provide test results from a United States-based testing
facility, that is an independent testing laboratory as defined in
Section 1-1432.2 of this title, to confirm the items listed on the
product label.
Added by Laws 2021, c. 500, § 4, eff. Nov. 1, 2021. Amended by Laws
2024, c. 278, § 2, eff. Nov. 1, 2024; Laws 2025, c. 299, § 2, eff.
Nov. 1, 2025.
§63-1-1432.5. Violations - Penalties.
A. The owner or manager of a vendor who violates any of the
provisions of Section 3 or 4 of this act shall be punished by an
administrative penalty of not more than Five Hundred Dollars
($500.00) for a first offense and not more than One Thousand Dollars
($1,000.00) for a second offense. Upon a third offense, the vendor
shall be prohibited from selling kratom products for a period of
three (3) years. If the State Department of Health receives a
complaint that the owner or manager of a vendor is selling kratom
products during the period of suspension, then the State Department
of Health shall forward the information to the applicable district
attorney's office. If the owner or manager of a vendor commits such
violation during the three-year period, the person shall, upon
conviction, be guilty of a misdemeanor punishable by imprisonment in
a county jail for a term of not more than one (1) year, or by a fine
of not more than Two Thousand Dollars ($2,000.00), or by both such
fine and imprisonment.
B. A person aggrieved by a violation of Section 3 or 4 of this
act may bring a cause of action in a court of competent jurisdiction
Oklahoma Statutes - Title 63. Public Health and Safety Page 623
for damages resulting from that violation including, but not limited
to, economic, noneconomic or consequential damages.
C. A vendor does not violate the provisions of Section 3 or 4
of this act if the court finds by a preponderance of the evidence
that the vendor relied in good faith on the representation of a
manufacturer, processor, packager or distributor that the food
product or dietary ingredient was a kratom product.
Added by Laws 2021, c. 500, § 5, eff. Nov. 1, 2021.
§63-1-1440. Recodified as § 5-4.1 of Title 2 by Laws 2017, c. 85, §
3, eff. Nov. 1, 2017.
§63-1-1440.1. Recodified as § 5-4.2 of Title 2 by Laws 2017, c. 85,
§ 4, eff. Nov. 1, 2017.
§63-1-1440.2. Recodified as § 5-4.3 of Title 2 by Laws 2017, c. 85,
§ 5, eff. Nov. 1, 2017.
§63-1-1440.3. Recodified as § 5-4.4 of Title 2 by Laws 2017, c. 85,
§ 6, eff. Nov. 1, 2017.
§63-1-1440.4. Recodified as § 5-4.5 of Title 2 by Laws 2017, c. 85,
§ 6, eff. Nov. 1, 2017.
§63-1-1440.5. Recodified as § 5-4.6 of Title 2 by Laws 2017, c. 85,
§ 6, eff. Nov. 1, 2017.
§63-1-1450. Legislative findings – Short title.
A. The Legislature hereby finds that:
1. There is, in addition to cosmetic reasons, a growing need
for medical micropigmentation in the treatment of clinical
conditions or traumas such as cancer, surgery, and burns;
2. Medical micropigmentation is being performed in Oklahoma;
and
3. Oklahoma law does not provide sufficient regulation of
medical micropigmentation to assure the protection of the public.
Therefore, there is a need to provide legislation to enable the
appropriate entities to regulate persons performing medical
micropigmentation on the citizens of this state.
B. Sections 1 through 9 of this act shall be known and may be
cited as the “Oklahoma Medical Micropigmentation Regulation Act”.
Added by Laws 2001, c. 384, § 1, emerg. eff. June 4, 2001.
§63-1-1451. Definitions.
As used in the Oklahoma Medical Micropigmentation Regulation
Act:
Oklahoma Statutes - Title 63. Public Health and Safety Page 624
1. “Licensing board” means the Oklahoma State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners
and/or the Board of Dentistry;
2. “Medical micropigmentation” means a medical procedure in
which any color or pigment is applied with a needle or electronic
machine:
a. to produce a permanent mark visible through the skin,
b. above the jawline and anterior to the ear and frontal
hairline including but not limited to application of
eyeliner, eye shadow, lips, eyebrows, cheeks, and
scars, and/or
c. for repigmentation of areas involving reconstructive
surgery or trauma.
Medical micropigmentation shall not include placing on the body any
pictures, images, numbers, signs, letters of the alphabet, or
designs. Medical micropigmentation shall not be construed to be
included in the definition of tattooing as provided in Section 841
of Title 21 of the Oklahoma Statutes; and
3. “Physician” means a person licensed to practice:
a. allopathic medicine and surgery by the Oklahoma State
Board of Medical Licensure and Supervision pursuant to
the Oklahoma Allopathic Medical and Surgical Licensure
and Supervision Act,
b. osteopathic medicine by the State Board of Osteopathic
Examiners pursuant to the Oklahoma Osteopathic
Medicine Act, or
c. dentistry by the Board of Dentistry pursuant to the
State Dental Act.
Added by Laws 2000, c. 142, § 1, emerg. eff. April 28, 2000.
Amended by Laws 2000, c. 330, § 1, emerg. eff. June 5, 2000; Laws
2001, c. 384, § 2, emerg. eff. June 4, 2001. Renumbered from §
841.5 of Title 21 by Laws 2001, c. 384, § 12, emerg. eff. June 4,
2001.
§63-1-1452. Authorized personnel - Supervision.
On and after May 1, 2002, medical micropigmentation may only be
performed in a physician’s office by:
1. A physician as defined by the Oklahoma Medical
Micropigmentation Regulation Act;
2. A person licensed to practice registered nursing by the
Oklahoma Board of Nursing who holds a current certificate issued by
the State Commissioner of Health pursuant to the provisions of the
Oklahoma Medical Micropigmentation Regulation Act while working
under supervision of a physician. The level of supervision shall be
determined by the physician in whose office medical
micropigmentation is being performed; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 625
3. A person who holds a current certificate issued by the State
Commissioner of Health pursuant to the provisions of the Oklahoma
Medical Micropigmentation Regulation Act while working under
supervision of a physician. The level of supervision shall be
determined by the physician in whose office medical
micropigmentation is being performed.
Added by Laws 2001, c. 384, § 3, emerg. eff. June 4, 2001. Amended
by Laws 2003, c. 384, § 2, eff. Nov. 1, 2003
§63-1-1453. Certification.
A. It shall be unlawful for any person to perform medical
micropigmentation or to represent himself or herself as a person
authorized to perform medical micropigmentation:
1. Without having first complied with the provisions of the
Oklahoma Medical Micropigmentation Regulation Act; or
2. Unless otherwise authorized to perform medical
micropigmentation pursuant to the Oklahoma Medical Micropigmentation
Regulation Act.
B. The State Board of Health, giving consideration to the
recommendations of the Consumer Protection Licensing Advisory
Council created in Section 44 of this act, shall promulgate rules to
implement the provisions of the Oklahoma Medical Micropigmentation
Regulation Act. The rules shall include rules of practice for
medical micropigmentation training requirements and the
establishment of criteria for the certification of persons
authorized to perform medical micropigmentation.
C. The State Board of Medical Licensure and Supervision, the
State Board of Osteopathic Examiners and the Board of Dentistry may
each promulgate rules relating to the performance of
micropigmentation in physician offices by those physicians subject
to their licensing authority. Such rules shall comply with the
Oklahoma Medical Micropigmentation Regulation Act.
Added by Laws 2001, c. 384, § 4, emerg. eff. June 4, 2001. Amended
by Laws 2013, c. 229, § 62, eff. Nov. 1, 2013.
§63-1-1454. Restrictions for certification - Application.
A. On and after May 1, 2002, except for a physician, any person
intending to perform medical micropigmentation in this state shall
first be certified by the State Department of Health.
B. The State Commissioner of Health shall not issue a
certificate or renew a certificate to perform medical
micropigmentation to a person who has:
1. Been convicted of or pled guilty or nolo contendere to a
felony crime that substantially relates to the practice of medical
micropigmentation and poses a reasonable threat to public safety;
2. Been determined to have engaged in unprofessional conduct as
defined by the rules promulgated by the State Board of Health;
Oklahoma Statutes - Title 63. Public Health and Safety Page 626
3. Made a materially false or fraudulent statement in an
application or other document relating to certification pursuant to
the provisions of the Oklahoma Medical Micropigmentation Regulation
Act; or
4. Had a health-related license, certificate, or permit
suspended, revoked or not renewed or had any other disciplinary
action taken, or had an application for a health-related license,
certificate, or permit refused by a federal, state, territory, or
District of Columbia regulatory authority for intentionally
falsifying information.
C. In order to qualify for certification, an applicant shall:
1. Have received a high school diploma or its equivalent;
2. Be at least twenty-one (21) years of age; and
3. Have submitted a completed application to the Department in
such form as required by the Department which shall include a
notarized copy of:
a. the certificate of birth of the applicant,
b. the applicant's driver license or other similar form
of identification,
c. other professional credentials, if applicable, and
d. proof, in such form as the Department determines
appropriate, of the satisfactory completion of a
program of training and testing approved by the
Department as specified in Section 1-1455 of this
title.
D. Upon meeting the requirements of the Oklahoma Medical
Micropigmentation Regulation Act and rules promulgated pursuant
thereto, the State Commissioner of Health shall issue a certificate
to perform medical micropigmentation to the applicant.
E. As used in this section:
1. "Substantially relates" means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
Added by Laws 2001, c. 384, § 5, emerg. eff. June 4, 2001. Amended
by Laws 2022, c. 192, § 5, eff. Nov. 1, 2022.
§63-1-1455. Training and testing - Certification by reciprocity.
A. The State Board of Health, giving consideration to the
recommendations of the Consumer Protection Licensing Advisory
Council created in Section 44 of this act, and in cooperation with
the Oklahoma Department of Career and Technology Education, may
adopt a curriculum of required courses and establish by rule the
Oklahoma Statutes - Title 63. Public Health and Safety Page 627
types of courses to be offered. The complete program of instruction
approved by the State Board of Health in theory and clinical
training shall consist of at least three hundred (300) hours or the
equivalent of competency-based instruction.
B. 1. In order to provide the State Department of Health
confirmation of each applicant's competency, written theory and
clinical tests shall be administered by the Oklahoma Department of
Career and Technology Education.
2. Applicants otherwise qualified to practice medical
micropigmentation as determined by the State Department of Health
pursuant to the Oklahoma Medical Micropigmentation Regulation Act
may be certified to perform medical micropigmentation without taking
or completing the program of instruction specified by this section
if the applicant obtains a passing score for both the written theory
and clinical tests. Not later than January 1, 2002, the State Board
of Health shall promulgate rules to implement the provisions of this
paragraph.
3. The State Board of Health, giving consideration to the
recommendations of the Consumer Protection Licensing Advisory
Council created in Section 44 of this act, shall set, by rule, a
minimum passing score for both written theory and clinical tests.
C. The Oklahoma Department of Career and Technology Education
may provide training and shall provide testing programs required by
this section for anyone qualified to apply for a certificate
pursuant to the provisions of Section 1-1454 of this title. The
training and testing programs shall meet the standards established
pursuant to the provisions of this section. The State Department of
Health may approve training programs that meet the standards
established pursuant to the provisions of this act.
D. After the initial training program offered pursuant to
subsection C of this section, the Oklahoma Department of Career and
Technology Education may provide a complete curriculum for the
training and testing of applicants for certification as deemed
needed by the Oklahoma Department of Career and Technology
Education.
E. The State Department of Health may approve applicants for
certification by reciprocity. An applicant shall qualify for
certification by reciprocity if the applicant:
1. Has qualifications and training comparable to those required
under the Oklahoma Medical Micropigmentation Regulation Act;
2. Provides documentation verifying two (2) years of experience
and a minimum of two hundred (200) procedures; and
3. Has successfully completed the Oklahoma certification
examination.
Added by Laws 2001, c. 384, § 6, emerg. eff. June 4, 2001. Amended
by Laws 2003, c. 384, § 3, eff. Nov. 1, 2003; Laws 2013, c. 229, §
63, eff. Nov. 1, 2013.
Oklahoma Statutes - Title 63. Public Health and Safety Page 628
§63-1-1456. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013.
§63-1-1457. Fees - Effective period for certification.
A. Certificates to perform medical micropigmentation shall be
valid for one (1) year from the date of issuance.
B. Fees for certification to perform medical micropigmentation
as promulgated by the State Board of Health shall not exceed:
Application for Certification $500.00
Annual Renewal of Certification $100.00
Reinstatement of Certification $375.00
Replacement of Certificate $125.00
C. The State Board of Health shall make recommendations to the
Legislature as to the proper and necessary fees for the regulation
of the performance of medical micropigmentation pursuant to the
Oklahoma Medical Micropigmentation Regulation Act.
D. All fees collected pursuant to the provisions of this
section shall be deposited in the Public Health Special Fund and
shall be used in implementing the provisions of the Oklahoma Medical
Micropigmentation Regulation Act. Excess funds shall be available
to the State Department of Health for expenditures pursuant to
Section 1-107 of Title 63 of the Oklahoma Statutes.
E. Every person holding a current certificate to perform
medical micropigmentation shall display the certificate in a
conspicuous place in the area where medical micropigmentation is
being performed.
Added by Laws 2001, c. 384, § 8, emerg. eff. June 4, 2001. Amended
by Laws 2006, c. 141, § 4, eff. Nov. 1, 2006.
§63-1-1458. Violations - Application.
A. Upon receipt of a complaint by a licensing board relating to
a violation of the Oklahoma Medical Micropigmentation Regulation Act
or any rules promulgated thereto, the licensing board shall cause an
investigation to be made. If during the investigation, the
licensing board determines that the alleged violation of the
Oklahoma Medical Micropigmentation Regulation Act or any rules
promulgated thereto may have been committed by any person other than
a physician or any other person subject to the licensing board’s
regulatory authority, the licensing board shall immediately notify
the Oklahoma State Department of Health.
B. 1. Upon receipt of a complaint by the Department or upon
receipt of notice pursuant to subsection A of this section relating
to an alleged violation of the Oklahoma Medical Micropigmentation
Regulation Act or rules promulgated thereto which involve the
practice of micropigmentation in the office of a physician, the
Department shall:
Oklahoma Statutes - Title 63. Public Health and Safety Page 629
a. notify the appropriate licensing board of the
complaint and request a joint inspection, or
b. refer the complaint to the appropriate licensing board
for investigation.
2. The licensing boards shall give priority to investigations
of complaints for which the Department has requested a joint
inspection.
C. 1. If a person other than a physician, after proper notice
and hearing as provided in the Administrative Procedures Act, is
found to have violated one or more provisions of the Oklahoma
Medical Micropigmentation Regulation Act, the State Department of
Health may impose one or more of the following penalties:
a. suspend or revoke a certificate,
b. seek injunctive relief,
c. reprimand the certificate holder,
d. place a certificate holder on probation for a
specified period of time,
e. deny renewal of a certificate,
f. require a special quality review of the certificate
holder, subject to such procedures as the Department
by rule deems appropriate,
g. require the person or entity to pay all costs incurred
as a result of hearings conducted regarding actions of
the subject of the hearing including, but not limited
to, investigation costs, hearing officer costs,
renting of special facilities costs, and court
reporter costs, or
h. in addition to any criminal penalty imposed pursuant
to the Oklahoma Medical Micropigmentation Regulation
Act, assess an administrative penalty not to exceed
Ten Thousand Dollars ($10,000.00).
2. Any physician alleged to have violated the Oklahoma Medical
Micropigmentation Regulation Act or rules promulgated by the
licensing board thereto shall be subject to penalties established
pursuant to law by the licensing board which has authority to
regulate the physician.
B. In addition to the penalties provided for in subsection A of
this section, the Department may request the district attorney to
bring an action in the district court for the prosecution of any
person for a violation of any provision of the Oklahoma Medical
Micropigmentation Regulation Act, or order issued or rules
promulgated pursuant thereto.
C. Upon application in writing and upon good cause, the
Department may reinstate a certificate which has been revoked or
suspended or may modify the certificate when reinstated. A person
whose certificate has been revoked or suspended may not reapply for
Oklahoma Statutes - Title 63. Public Health and Safety Page 630
reinstatement during the time period set by the Department which
shall not exceed five (5) years.
D. 1. Administrative penalties assessed by the Department
under the provisions of the Oklahoma Medical Micropigmentation
Regulation Act shall be imposed and enforced pursuant to the
Administrative Procedures Act and may be enforced in district court
as authorized by the Administrative Procedures Act.
2. All monies, excluding costs, collected from administrative
penalties authorized in this section, shall be deposited pursuant to
Section 1-1701.1B of Title 63 of the Oklahoma Statutes.
E. Any person convicted of violating the provisions of the
Oklahoma Medical Micropigmentation Regulation Act or orders issued
or rules promulgated pursuant thereto shall be guilty of a
misdemeanor punishable by imprisonment in the county jail not to
exceed ninety (90) days, a fine of not more than One Thousand
Dollars ($1,000.00), or by both such fine and imprisonment. Each
day upon which such violation occurs shall constitute a separate
violation.
F. The provisions of this section shall apply to:
1. Any person certified to perform medical micropigmentation
pursuant to the Oklahoma Medical Micropigmentation Regulation Act
and who is alleged to be in violation of the Oklahoma Medical
Micropigmentation Regulation Act or rule or order issued pursuant
thereto; and
2. Any person who does not hold a certificate or is not
authorized to practice medical micropigmentation pursuant to the
Oklahoma Medical Micropigmentation Regulation Act and is practicing
or holding himself or herself as authorized to practice medical
micropigmentation.
Added by Laws 2001, c. 384, § 9, emerg. eff. June 4, 2001.
§63-1-1501. Occupational diseases - Reports - Detection and
prevention - Agreements.
(a) The State Board of Health shall design and provide suitable
forms for reporting occupational diseases and illnesses, provide
appropriate instructions for their use, and furnish them without
charge to all licensed physicians. Such reports shall not be
admissible in evidence in any court or in any proceedings before the
State Industrial Court.
(b) The State Board of Health shall designate by list, or
generally define, those diseases or illnesses which should be
reported and request all physicians of this state to cooperate in
the reporting of such diseases.
(c) The State Commissioner of Health shall utilize all available
facilities, laboratory, equipment and personnel in a joint program
with the State Commissioner of Labor, and industrial and employee
Oklahoma Statutes - Title 63. Public Health and Safety Page 631
organizations, to detect and prevent conditions leading to
industrial diseases and occupational health hazards.
(d) The State Commissioner of Health may enter into agreements
with other agencies of this state for the purpose of carrying out
the provisions of this section, and securing uniformity of
regulations pertaining to occupational diseases.
Laws 1963, c. 325, art. 15, § 1501.
§63-1-1501.1. Diagnostic X-Ray Facility Act - Short title.
Sections 313 through 316 of this act shall be known and may be
cited as the Diagnostic X-Ray Facility Act.
Added by Laws 1993, c. 145, § 312, eff. July 1, 1993.
§63-1-1502. Definitions.
As used in the Diagnostic X-Ray Facility Act:
1. "Diagnostic x-ray facility" means the use of an x-ray
system(s) by a facility in any procedure that involves irradiation
of any part of a human or animal body for the purpose of diagnosis;
and
2. "X-ray system" means an assemblage of components for the
controlled production of x-rays. It includes minimally an x-ray
high-voltage generator, an x-ray control, a tube housing assembly, a
beam-limiting device, and the necessary supporting structures.
Additional components which function with the system are considered
integral parts of the system.
Added by Laws 1963, c. 325, art. 15, § 1502, operative July 1, 1963.
Amended by Laws 1968, c. 208, § 1, emerg. eff. April 22, 1968; Laws
1990, c. 233, § 1, eff. Sept. 1, 1990; Laws 1993, c. 145, § 313,
eff. July 1, 1993.
§63-1-1503. Diagnostic x-ray systems - Official state agency -
Healing arts practitioners.
A. The State Department of Health is hereby designated as the
official agency of the State of Oklahoma for all regulatory
activities pertaining to health and safety in the use of diagnostic
x-ray systems, and shall act as the coordinating agency for the
purpose of cooperating with other states, the United States Public
Health Service and other federal agencies in the administration of
programs relating to diagnostic x-ray systems, available to the
State of Oklahoma under federal laws; and it shall encourage,
participate in, and conduct studies, investigations, training,
research and demonstrations relating to constructive uses of
diagnostic x-ray systems and the prevention and control of its
associated harmful effects or unnecessary exposure, the effects to
health on exposure to x-rays, and related problems.
B. Nothing in the Diagnostic X-Ray Facility Act shall interfere
with the doctor-patient relationship of any licensed member of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 632
healing arts; nor shall anything in the Diagnostic X-Ray Facility
Act prohibit a licensed practitioner of the healing arts, or an
individual under the direction of such licensed practitioner, from
using x-rays or other sources of radiation and/or fluoroscopes for
diagnostic, research or treatment purposes, as authorized under the
Practitioner's Licensing Act, provided the radiation devices and the
related facilities of the practitioner shall comply with the rules
and regulations promulgated under the provisions of the Diagnostic
X-Ray Facility Act.
Added by Laws 1963, c. 325, art. 15, § 1503, operative July 1, 1963.
Amended by Laws 1963, c. 326, § 1, emerg. eff. June 18, 1963; Laws
1968, c. 208, § 2, emerg. eff. April 22, 1968; Laws 1990, c. 233, §
2, eff. Sept. 1, 1990; Laws 1993, c. 145, § 314, eff. July 1, 1993.
§63-1-1504. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-1504.1. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
2013.
§63-1-1505. Rules for diagnostic x-ray facilities.
The State Board of Health shall have the authority, giving
consideration to the recommendations of the Consumer Protection
Licensing Advisory Council created in Section 44 of this act, to
adopt reasonable rules for diagnostic x-ray facilities on the
following: establishment of standards for safe levels of protection
against radiation; maintenance and submission of records;
determination, prevention and control of radiation hazards;
reporting of radiation accidents; handling, storage and registration
of diagnostic x-ray systems; periodic inspections of diagnostic x-
ray facilities; review and approval of plans, and issuance and
revocation of permits, for the use of diagnostic x-ray systems;
prevention and control of any significant associated harmful effects
of exposure to x-rays; and other items deemed necessary for the
protection of the public health and safety in diagnostic x-ray
facilities. Such rules shall be consistent with nationally
recognized standards, which may be included by reference in the
promulgated rules.
Added by Laws 1963, c. 325, art. 15, § 1505, operative July 1, 1963.
Amended by Laws 1968, c. 208, § 3, emerg. eff. April 22, 1968; Laws
1993, c. 145, § 316, eff. July 1, 1993; Laws 2013, c. 229, § 64,
eff. Nov. 1, 2013.
§63-1-1508. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 633
§63-1-1509. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-1510. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-1511. Noise control and abatement - Studies.
The State Department of Health is hereby authorized to
encourage, participate in, conduct studies, investigations,
training, research and demonstrations relating to:
1. The control or abatement of noise,
2. The detection and measurement of noise,
3. The effects on health resulting from exposure to noise, and4. The consumer safety and protection aspects of devices and products which may or do produce harmful noise when such device or product is used for its
intended purposes.
Laws 1971, c. 264, § 1, emerg. eff. June 17, 1971.
§63-1-1512. State Department of Health as official agency.
The State Department of Health is hereby designated as the
official agency of the State of Oklahoma for all activities
pertaining to the abatement and control of noise, and shall utilize
such personnel, equipment, laboratories, and other resources as it
shall have or which shall be made available through state
appropriated funds, federal grants or from other sources to operate
the noise abatement and control program authorized under the
provisions of this act.
Laws 1971, c. 264, § 2, emerg. eff. June 17, 1971.
§63-1-1513. Cooperation with federal agencies.
The State Department of Health shall cooperate with other
states, the United States Department of Health, Education and
Welfare and other federal agencies in the administration of programs
relating to the control and abatement of noise which have been or
may be initiated under federal laws.
Laws 1971, c. 264, § 3, emerg. eff. June 17, 1971.
§63-1-1514. State agencies and local government to cooperate with
Department.
It shall be the duty of all state agencies and departments, and
city, county and other units of local government to cooperate with
the State Department of Health in carrying out the purposes and
intent of this act.
Laws 1971, c. 264 § 4, emerg. eff. June 17, 1971.
§63-1-1515. Clean Air in Restaurants Act - Restaurant rebate
program.
A. This section shall be known and may be cited as the “Clean
Air in Restaurants Act”.
Oklahoma Statutes - Title 63. Public Health and Safety Page 634
B. The Legislature hereby finds:
1. Numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution;
2. Reliable studies have shown that breathing secondhand smoke
is a cause of disease, including lung cancer, in healthy nonsmokers.
At special risk are elderly people, children, people with
cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway
disease; and
3. Health hazards induced by breathing secondhand smoke include
lung cancer, respiratory infection, decreased exercise tolerance,
decreased respiratory function, bronchoconstriction, and
bronchospasm.
C. 1. The State Department of Health is hereby authorized to
implement a rebate program for the purpose of reimbursing persons or
entities that own restaurants located in this state for expenses
incurred prior to November 1, 2010, in complying with the
requirements imposed by subsection J of Section 1247 of Title 21 of
the Oklahoma Statutes. The rebate shall be equal to fifty percent
(50%) of the original expenditure, minus depreciation costs, and
shall only be disbursed if the restaurant converts to a completely
smoke-free environment no later than January 1, 2013.
2. The Department shall be required to utilize the proceeds
generated by the Tobacco Prevention and Cessation Revolving Fund in
funding the rebate program and shall promulgate such rules as are
necessary to implement the provisions of the program.
Added by Laws 2010, c. 217, § 1, eff. Nov. 1, 2010.
§63-1-1521. Short title.
This act shall be known and may be cited as the “Smoking in
Public Places and Indoor Workplaces Act”.
Added by Laws 1987, c. 151, § 1, eff. Nov. 1, 1987. Amended by Laws
2003, S.J.R. No. 21, § 2, eff. Sept. 1, 2003.
§63-1-1522. Definitions.
As used in this act:
1. "Educational facility" means a building owned, leased or
under the control of a technology center school district or a public
or private college or university;
2. "Health facility" means an entity which provides health
services, including, but not limited to, hospitals, nursing homes,
long-term care facilities, kidney disease treatment centers, health
maintenance organizations and ambulatory treatment centers;
3. "Indoor workplace" means any indoor place of employment or
employment-type service for or at the request of another individual
or individuals, or any public or private entity, whether part-time
or full-time and whether for compensation or not. Such services
Oklahoma Statutes - Title 63. Public Health and Safety Page 635
shall include, without limitation, any service performed by an
owner, employee, independent contractor, agent, partner, proprietor,
manager, officer, director, apprentice, trainee, associate, servant
or volunteer. An indoor workplace includes work areas, employee
lounges, restrooms, conference rooms, classrooms, employee
cafeterias, hallways, any other spaces used or visited by employees,
and all space between a floor and ceiling that is predominantly or
totally enclosed by walls or windows, regardless of doors, doorways,
open or closed windows, stairways, or the like. The provisions of
this section shall apply to such indoor workplace at any given time,
whether or not work is being performed;
4. "Meeting" means a meeting as defined in the Oklahoma Open
Meeting Act;
5. "Public body" means a public body as defined in the Oklahoma
Open Meeting Act;
6. "Public place" means any enclosed indoor area where
individuals other than employees are invited or permitted;
7. "Restaurant" means any eating establishment regardless of
seating capacity;
8. "Smoking" means the carrying by a person of a lighted cigar,
cigarette, pipe or other lighted smoking device; and
9. "Stand-alone bar", "stand-alone tavern", and "cigar bar"
mean an establishment that derives more than sixty percent (60%) of
its gross receipts, subject to verification by competent authority,
from the sale of alcoholic beverages and low-point beer and no
person under twenty-one (21) years of age is admitted, except for
members of a musical band employed or hired as provided in paragraph
2 of subsection B of Section 537 of Title 37 of the Oklahoma
Statutes and that is not located within, and does not share any
common entryway or common indoor area with, any other enclosed
indoor workplace, including a restaurant.
Added by Laws 1987, c. 151, § 2, eff. Nov. 1, 1987. Amended by Laws
2003, S.J.R. No. 21, § 3, eff. Sept. 1, 2003; Laws 2015, c. 259, §
5.
§63-1-1523. Smoking in certain places prohibited - Exemptions.
A. Except as specifically provided in the Smoking in Public
Places and Indoor Workplaces Act, no person shall smoke tobacco or
marijuana or vape marijuana in a public place, in any part of a zoo
to which the public may be admitted, whether indoors or outdoors, in
an indoor workplace, in any vehicle providing public transportation,
at a meeting of a public body, in a nursing facility licensed
pursuant to the Nursing Home Care Act, or in a child care facility
licensed pursuant to the Oklahoma Child Care Facilities Licensing
Act. A nursing facility licensed pursuant to the Nursing Home Care
Act may designate tobacco smoking rooms for residents and their
guests. Such rooms shall be fully enclosed, directly exhausted to
Oklahoma Statutes - Title 63. Public Health and Safety Page 636
the outside, and shall be under negative air pressure so that no
tobacco smoke can escape when a door is opened and no air is
recirculated to nonsmoking areas of the building. Commercial
airport operators may prohibit the use of lighted tobacco or lighted
marijuana or the vaping of marijuana in any area that is open to or
used by the public whether located indoors or outdoors, provided
that the outdoor area is within one hundred seventy-five (175) feet
from an entrance.
B. 1. Except as otherwise provided in paragraph 2 of this
subsection, a technology center school district which offers an
early childhood education program or in which children in grades
kindergarten through twelve are educated shall prohibit tobacco or
marijuana smoking or marijuana vaping, the use of marijuana
products, snuff, chewing tobacco or any other form of tobacco
product in the educational facility buildings and on the grounds of
the facility by all persons including, but not limited to, full-
time, part-time, and contract employees, during the hours of 7:00
a.m. to 4:00 p.m., during the school session, or when class or any
program established for students is in session.
2. A technology center school district may designate tobacco
smoking areas outside of buildings, away from general traffic areas
and completely out of sight of children under eighteen (18) years of
age, for use by adults attending training courses, sessions,
meetings or seminars.
3. A technology center school district or college or university
may designate tobacco smoking areas outside the educational facility
buildings for the use of adults during certain activities or
functions, including, but not limited to, athletic contests.
4. Smoking tobacco or marijuana or vaping marijuana shall be
prohibited in an educational facility as defined in the 24/7
Tobacco-free Schools Act and as provided for in Section 1210.213 of
Title 70 of the Oklahoma Statutes.
C. Nothing in this section shall be construed to prohibit
educational facilities from having more restrictive policies
regarding tobacco or marijuana smoking or marijuana vaping and the
use of other marijuana or tobacco products in the buildings or on
the grounds of the facility.
D. A private residence is not a "public place" within the
meaning of the Smoking in Public Places and Indoor Workplaces Act
except that areas in a private residence that are used as a licensed
child care facility during hours of operation are "public places"
within the meaning of the Smoking in Public Places and Indoor
Workplaces Act.
E. Smoking tobacco or marijuana or vaping marijuana is
prohibited in all vehicles owned by the State of Oklahoma and all of
its agencies and instrumentalities.
Oklahoma Statutes - Title 63. Public Health and Safety Page 637
F. Veterans centers operated by this state pursuant to the
provisions of Section 221 et seq. of Title 72 of the Oklahoma
Statutes shall be designated nonsmoking effective January 1, 2015,
at which time veterans centers may establish outdoor designated
smoking areas for resident veterans only. Smoking tobacco shall
only be allowed in designated outdoor smoking areas.
G. An employer not otherwise restricted from doing so may elect
to provide tobacco smoking rooms where no work is performed except
for cleaning and maintenance during the time the room is not in use
for tobacco smoking, provided each tobacco smoking room is fully
enclosed and exhausted directly to the outside, in such manner that
no tobacco smoke can drift or circulate into a nonsmoking area. No
exhaust from a tobacco smoking room shall be located within fifteen
(15) feet of any entrance, exit or air intake. If tobacco smoking
is to be permitted in any space exempted in subsection H of this
section or in a tobacco smoking room pursuant to subsection I of
this section, such tobacco smoking space must either occupy the
entire enclosed indoor space or, if it shares the enclosed space
with any nonsmoking areas, the tobacco smoking space shall be fully
enclosed, exhausted directly to the outside with no air from the
tobacco smoking space circulated to any nonsmoking area, and under
negative air pressure so that no tobacco smoke can drift or
circulate into a nonsmoking area when a door to an adjacent
nonsmoking area is opened. Air from a tobacco smoking room shall
not be exhausted within fifteen (15) feet of any entrance, exit or
air intake.
H. The Smoking in Public Places and Indoor Workplaces Act shall
not prohibit tobacco smoking in:
1. Stand-alone bars, stand-alone taverns or cigar bars;
2. The room or rooms where licensed charitable bingo games are
being operated, but only during the hours of operation of such
games;
3. Up to twenty-five percent (25%) of the guest rooms at a
hotel or other lodging establishment;
4. Retail tobacco stores predominantly engaged in the sale of
tobacco products and accessories and in which the sale of other
products is merely incidental and in which no food or beverage is
sold or served for consumption on the premises;
5. Workplaces where only the owner or operator of the
workplace, or the immediate family of the owner or operator,
performs any work in the workplace, and the workplace has only
incidental public access;
6. Workplaces occupied exclusively by one or more tobacco
smokers, if the workplace has only incidental public access.
"Incidental public access" means that a place of business has only
an occasional person, who is not an employee, present at the
business to transact business or make a delivery. It does not
Oklahoma Statutes - Title 63. Public Health and Safety Page 638
include businesses that depend on walk-in customers for any part of
their business;
7. Private offices occupied exclusively by one or more smokers;
8. Workplaces within private residences, except that smoking
tobacco or marijuana or vaping marijuana shall not be allowed inside
any private residence that is used as a licensed child care facility
during hours of operation;
9. A facility operated by a post or organization of past or
present members of the Armed Forces of the United States which is
exempt from taxation pursuant to Sections 501(c)(8), 501(c)(10) or
501(c)(19) of the Internal Revenue Code, 26 U.S.C., Section
501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized
exclusively by its members and their families and for the conduct of
post or organization nonprofit operations except during an event or
activity which is open to the public;
10. Any outdoor seating area of a restaurant; provided, tobacco
or marijuana smoking or vaping marijuana shall not be allowed within
fifteen (15) feet of any exterior public doorway or any air intake
of a restaurant; and
11. Medical research or treatment centers, if tobacco smoking
is integral to the research or treatment. Furthermore, the
restrictions on smoking or vaping of marijuana provided in this
section shall not apply to medical research or treatment centers, if
marijuana smoking or vaping is integral to the research or
treatment.
I. Notwithstanding any other provision of the Smoking in Public
Places and Indoor Workplaces Act, until March 1, 2006, restaurants
may have designated tobacco smoking and nonsmoking areas or may be
designated as being a totally nonsmoking area. Beginning March 1,
2006, restaurants shall be totally nonsmoking or may provide
nonsmoking areas and designated tobacco smoking rooms. Food and
beverage may be served in such designated tobacco smoking rooms
which shall be in a location which is fully enclosed, directly
exhausted to the outside, under negative air pressure so tobacco
smoke cannot escape when a door is opened, and no air is
recirculated to nonsmoking areas of the building. No exhaust from
such room shall be located within twenty-five (25) feet of any
entrance, exit or air intake. Such room shall be subject to
verification for compliance with the provisions of this subsection
by the State Department of Health.
Added by Laws 1987, c. 151, § 3, eff. Nov. 1, 1987. Amended by Laws
1989, c. 232, § 1, eff. Nov. 1, 1989; Laws 1994, c. 137, § 14, eff.
July 1, 1994; Laws 1995, c. 274, § 51, eff. Nov. 1, 1995; Laws 2000,
c. 229, § 1, eff. Nov. 1, 2000; Laws 2001, c. 188, § 1, emerg. eff.
May 7, 2001; Laws 2002, c. 96, § 2, eff. July 1, 2002; Laws 2003,
S.J.R. No. 21, § 4, eff. Sept. 1, 2003; Laws 2007, c. 70, § 2, eff.
Nov. 1, 2007; Laws 2012, c. 30, § 2, eff. Nov. 1, 2012; Laws 2014,
Oklahoma Statutes - Title 63. Public Health and Safety Page 639
c. 167, § 2, eff. Nov. 1, 2014; Laws 2015, c. 259, § 6; Laws 2017,
c. 110, § 2, eff. Nov. 1, 2017; Laws 2019, c. 477, § 2.
§63-1-1524. Repealed by Laws 2003, S.J.R. No. 21, § 7, eff. Sept.
1, 2003.
§63-1-1525. Measures to prevent smoking in nonsmoking areas.
The state or local governmental agency or the person who owns or
operates a public place shall, at a minimum, do the following in
order to prevent tobacco or marijuana smoking or marijuana vaping in
public places:
1. Post conspicuous signs at entrances to and in prominent
locations within places where tobacco or marijuana smoking or
marijuana vaping is prohibited which state that tobacco or marijuana
smoking or marijuana vaping is prohibited or that the indoor
environment is free of tobacco or marijuana smoke or marijuana
vapor; and
2. Ask tobacco or marijuana smokers or marijuana vapers to
refrain from smoking upon observation of anyone violating the
provisions of Section 1-1521 et seq. of this title.
Added by Laws 1987, c. 151, § 5, eff. Nov. 1, 1987. Amended by Laws
2003, S.J.R. No. 21, § 5, eff. Sept. 1, 2003; Laws 2017, c. 369, §
3; Laws 2019, c. 477, § 3.
§63-1-1526. Rules and regulations.
The State Board of Health shall promulgate rules necessary to
implement the provisions of the Smoking in Public Places and Indoor
Workplaces Act. Such rules shall not impose liability on the owner
or operator of any facility for the violation of a provision of the
Smoking in Public Places and Indoor Workplaces Act by another person
who is not an employee of such owner or operator.
Added by Laws 1987, c. 151, § 6, eff. Nov. 1, 1987. Amended by Laws
1991, c. 168, § 10, eff. July 1, 1991; Laws 2003, S.J.R. No. 21, §
6, eff. Sept. 1, 2003.
§63-1-1526.1. Administrative fines - Nursing facilities and
employees - Child care facilities.
In addition to any other penalties authorized by law, the State
Board of Health or the Department of Human Services, whichever is
the appropriate entity, shall impose administrative fines against
nursing facilities, employees of nursing facilities, or both, and
child care facilities for violations of Section 1-1521 et seq. of
Title 63 of the Oklahoma Statutes, in accordance with this section.
If after a hearing in accordance with the Administrative Procedures
Act, Section 250 et seq. of Title 75 of the Oklahoma Statutes, the
appropriate entity as specified in this section shall find any
person to be in violation of subsection A of Section 14 of this act,
Oklahoma Statutes - Title 63. Public Health and Safety Page 640
such person shall be subject to an administrative penalty of Fifty
Dollars ($50.00) for the first offense within a one-year period, One
Hundred Dollars ($100.00) for the second offense within a one-year
period, and Two Hundred Dollars ($200.00) for a third or subsequent
offense within a one-year period.
Added by Laws 1994, c. 137, § 16, eff. July 1, 1994.
§63-1-1527. Legislative intent.
The State Legislature by adopting this act intends to preempt
any other regulation promulgated to control smoking in public places
and to standardize laws that governmental subdivisions may adopt to
control smoking. Cities and towns may enact and enforce laws
prohibiting and penalizing conduct under provisions of this act, but
the provisions of such laws shall be the same as provided in this
act and the enforcement provisions under such laws shall not be more
stringent than those of this act; provided, however, that cities and
towns shall be authorized to enact laws restricting smoking on
properties owned or operated by the respective governing bodies.
Nothing in this section shall be construed as to prevent county or
municipal governments, at the discretion of the respective governing
bodies, from prohibiting smoking in or on property owned or operated
by the respective governing bodies.
Added by Laws 1987, c. 151, § 7, eff. Nov. 1, 1987. Amended by Laws
2013, c. 187, § 2, eff. Nov. 1, 2013.
§63-1-1528. Smoking in motor vehicles whre children are present.
The State Department of Health and the Tobacco Settlement
Endowment Trust shall work together to inform the public about the
dangers of smoking in motor vehicles where children are present.
Added by Laws 2017, c. 369, § 4.
§63-1-1529. Use of tobacco products prohibited on all properties
owned, leased or contracted for use by the state.
The use of any tobacco product shall be prohibited on any and
all properties owned, leased or contracted for use by the State of
Oklahoma, including but not limited to all buildings, land and
vehicles owned, leased or contracted for use by agencies or
instrumentalities of the State of Oklahoma. Provided, these
prohibitions shall not apply to the Oklahoma Veterans Centers.
Added by Laws 2017, c. 369, § 5.
§63-1-1530. Development of strategies to prevent tobacco and vapor
product use by persons under 21.
The State Department of Health and the Department of Mental
Health and Substance Abuse Services shall work together to develop
new and innovative strategies to prevent tobacco use, nicotine use
Oklahoma Statutes - Title 63. Public Health and Safety Page 641
or use of vapor products by persons under the age of twenty-one
(21).
Added by Laws 2017, c. 369, § 6. Amended by Laws 2020, c. 70, § 13,
emerg. eff. May 19, 2020; Laws 2021, c. 554, § 14, emerg. eff. May
28, 2021.
§63-1-1531. Smoking cessation fee.
A. Smoking remains the number one preventable cause of death in
Oklahoma, killing more people than AIDS, alcohol, car accidents,
illegal drugs, murders and suicides combined. Eighty-eight thousand
Oklahoma children alive today will die prematurely of smoking-
related illnesses. Increasing the price point of cigarettes is the
single most effective strategy to reduce cigarette consumption by
deterring children and adolescents from taking up smoking, by
reducing the overall consumption of cigarettes by an estimated
26,000,000 cigarette packs in the first year, by reducing the
prevalence of adult smoking by an estimated five percent (5%), by
preventing an estimated 28,000 kids today from becoming adult
smokers, and by reducing health-related disparities among income
groups over time. For the reasons stated and in furtherance of the
stated purpose of this act, there shall be assessed by the Oklahoma
Tax Commission a smoking cessation fee on cigarettes, to be remitted
by every wholesaler, as provided in subsection B of this section.
B. The fee provided in this subsection shall be One Dollar and
fifty cents ($1.50) per twenty (20) cigarette package, and a
proportionate rate on fractions thereof.
C. Beginning on the effective date of this act, and all
subsequent years, the smoking cessation fee provided by this section
shall be apportioned by the Oklahoma Tax Commission and transmitted
to the State Treasurer, who shall deposit the same in the State
Treasury to the credit of the following funds in the following
percentages:
a. One Million Dollars ($1,000,000.00) to the ABLE
Commission Revolving Fund created in Section 567 of
Title 37 of the Oklahoma Statutes for the purpose of
enhanced enforcement of the provisions of Section
600.13 of Title 37 of the Oklahoma Statutes, and
b. all amounts in excess of One Million Dollars
($1,000,000.00) to the credit of the Health Care
Enhancement Fund created in Section 8 of this act.
D. For purposes of this section "cigarette" and "wholesaler"
shall have the same meaning as in Section 301 of Title 68 of the
Oklahoma Statutes.
E. The Oklahoma Tax Commission shall promulgate rules as needed
to implement the provisions of this section.
Added by Laws 2017, c. 369, § 7.
Oklahoma Statutes - Title 63. Public Health and Safety Page 642
§63-1-1532. Health Care Enhancement Fund.
There is hereby created in the State Treasury a fund to be
designated the "Health Care Enhancement Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of monies received pursuant to Section 7 of this act and any
monies designated to the fund by law. All monies accruing to the
credit of the fund shall be appropriated at the discretion of the
Legislature for the purpose of enhancing the health of Oklahomans.
Added by Laws 2017, c. 369, § 8.
§63-1-1601. Definitions.
For the purposes of this article:
(a) The term "hazardous substance" means:
(1) a. any substance or mixture of substances intended or
suitable for household use which (1) is toxic, (2) is corrosive, (3)
is an irritant, (4) is a strong sensitizer, (5) is flammable, or (6)
generates pressure through decomposition, heat, or other means, if
such substance or mixture of substances may cause substantial
personal injury or substantial illness during or as a proximate
result of any customary or reasonably foreseeable handling or use,
including reasonably foreseeable ingestion by children.
b. any substances which the State Board of Health by regulation
finds, pursuant to the provisions of Section 1602(a), meet the
requirements of subparagraph 1.a. of this paragraph.
c. any radioactive substance, if, with respect to such
substance as used in a particular class of article or as packaged,
the Board determines by regulation that the substance is
sufficiently hazardous to require labeling in accordance with this
article in order to protect the public health.
(2) The term "hazardous substance" shall not apply (1) to
economic poisons subject to the provisions of 2 O.S.1961, Section 3-
63; (2) to foods subject to the provisions of Article 11 of this
Code; (3) to drugs and cosmetics subject to the provisions of
Article 14 of this Code; (4) to substances intended for use as fuels
when stored in containers and used in heating, cooking, or
refrigeration system of a house.
(3) The term "hazardous substance" shall not include any source
material, special nuclear material, or by-product material as
defined in the Act of Congress known as the Atomic Energy Act of
1954, as amended, and regulations issued pursuant thereto by the
Atomic Energy Commission.
(b) The term "toxic" shall apply to any substance (other than a
radioactive substance) which has the capacity to produce personal
injury or illness to man through ingestion, inhalation, or
absorption through any body surface.
(c) (1) The term "highly toxic" means any substance which falls
within any of the following categories: a. produces death within
Oklahoma Statutes - Title 63. Public Health and Safety Page 643
fourteen (14) days in half or more than half of a group of ten or
more laboratory white rats each weighing between two hundred (200)
and three hundred (300) grams, at a single dose of fifty (50)
milligrams or less per kilogram of body weight, when orally
administered; or b. produces death within fourteen (14) days in
half or more than half of a group of ten or more laboratory white
rats each weighing between two hundred (200) and three hundred (300)
grams, when inhaled continuously for a period of one (1) hour or
less at an atmospheric concentration of two hundred (200) parts per
million by volume or less of gas or vapor or two (2) milligrams per
liter by volume or less of mist or dust, provided such concentration
is likely to be encountered by man when the substance is used in any
reasonably foreseeable manner; or c. produces death within fourteen
(14) days in half or more than half of a group of ten or more
rabbits tested in a dosage of two hundred (200) milligrams or less
per kilogram of body weight, when administered by continuous contact
with the bare skin for twenty-four (24) hours or less.
(2) If the Board finds that available data on human experience
with any substance indicates results different from those obtained
on animals in the above-named dosages or concentrations, the human
data shall take precedence.
(d) The term "corrosive" means any substance which in contact
with living tissue will cause destruction of tissue by chemical
action; but shall not refer to action on inanimate surfaces.
(e) The term "irritant" means any substance not corrosive within
the meaning of the preceding subparagraph which on immediate,
prolonged, or repeated contact with normal living tissue will induce
a local inflammatory reaction.
(f) The term "strong sensitizer" means a substance which will
cause on normal living tissue through an allergic or photodynamic
process a hypersensitivity which becomes evident on reapplication of
the same substance and which is designated as such by the Board.
Before designating any substance as a strong sensitizer, the Board,
upon consideration of the frequency of occurrence and severity of
the reaction, shall find that the substance has a significant
potential for causing hypersensitivity.
(g) The term "extremely flammable" shall apply to any substance
which has a flash point at or below twenty degrees Fahrenheit (20F.)
as determined by the Tagliabue Open Cup Tester, and the term
"flammable" shall apply to any substance which has a flash point of
above twenty degrees (20) to and including eighty (80) (80F.)
degrees Fahrenheit, as determined by the Tagliabue Open Cup Tester;
except that the flammability of solids and of the contents of self-
pressurized containers shall be determined by methods found by the
Board to be generally applicable to such materials or containers,
respectively, and established by regulations issued by the Board,
Oklahoma Statutes - Title 63. Public Health and Safety Page 644
which regulations shall also define the terms "flammable" and
"extremely flammable" in accord with such methods.
(h) The term "radioactive substance" means a substance which
emits ionizing radiation.
(i) The term "label" means a display of written, printed, or
graphic matter upon the immediate container of any substance; and a
requirement made by or under authority of this article that any
word, statement, or other information appearing on the label shall
not be considered to be complied with unless such word, statement,
or other information also appears (1) on the outside container or
wrapper, if any there be, unless it is easily legible through the
outside container or wrapper, and (2) on all accompanying literature
where there are directions for use, written or otherwise.
(j) The term "immediate container" does not include package
liners.
(k) The term "misbranded package" or "misbranded package of a
hazardous substance" means a hazardous substance in a container
intended or suitable for household use which, except as otherwise
provided by or pursuant to Section 1602, fails to bear a label:
(1) Which states conspicuously (a) the name and place of
business of the manufacturer, packer, distributor, or seller; (b)
the common or usual name or the chemical name (if there be no common
or usual name) of the hazardous substance or of each component which
contributes substantially to its hazard, unless the Board by
regulation permits or requires the use of a recognized generic name;
(c) the signal word "DANGER" on substances which are extremely
flammable, corrosive, or highly toxic; (d) the signal word "WARNING"
or "CAUTION" on all other hazardous substances; (e) an affirmative
statement of the principal hazard or hazards, such as "Flammable,"
"Vapor Harmful," "Causes Burns," "Absorbed Through Skin," or similar
wording descriptive of the hazard; (f) precautionary measures
describing the action to be followed or avoided, except when
modified by regulation of the Board pursuant to Section 1602; (g)
instruction, when necessary or appropriate, for first aid treatment;
(h) the word "Poison" for any hazardous substance which is defined
as "Highly Toxic" by subsection (c) (1); (i) instructions for
handling and storage of packages which require special care in
handling or storage; and (j) the statement "Keep out of the reach of
children" or its practical equivalent, and
(2) On which any statements required under subparagraph (1) of
this paragraph are located prominently and are in the English
language in conspicuous and legible type in contrast by typography,
layout, or color with other printed matter on the label.
Laws 1963, c. 325, art. 16, § 1601.
§63-1-1602. Regulations - State Board of Health.
Oklahoma Statutes - Title 63. Public Health and Safety Page 645
(a) Whenever in the judgment of the Board such action will
promote the objectives of this article by avoiding or resolving
uncertainty as to its application, the Board may by regulation
declare to be a hazardous substance, for the purposes of this
article, any substance or mixture of substances which it finds meets
the requirements of subparagraph (1) a. of Section 1601(a).
(b) If the Board finds that the requirements of section 1601(k)
(1) are not adequate for the protection of the public health and
safety in view of the special hazard presented by any particular
hazardous substance, it may by regulation establish such reasonable
variations or additional label requirements as it finds necessary
for the protection of the public health and safety; and any
container of such hazardous substance intended or suitable for
household use which fails to bear a label in accordance with such
regulations shall be deemed to be a misbranded package of a
hazardous substance.
(c) If the Board finds that, because of the size of the package
involved or because of the minor hazard presented by the substance
contained therein, or for other good and sufficient reasons, full
compliance with the labeling requirements otherwise applicable under
this article is impracticable or is not necessary for the adequate
protection of the public health and safety, the Board shall
promulgate regulations exempting such substance from these
requirements to the extent it determines to be consistent with
adequate protection of the public health and safety.
(d) The Board may exempt from the requirements established by or
pursuant to this Article any container of a hazardous substance with
respect to which the Board finds that adequate requirements
satisfying the purposes of this article have been established by or
pursuant to any other state law.
Laws 1963, c. 325, art. 16, § 1602.
§63-1-1603. Acts prohibited.
The following acts and the causing thereof are hereby
prohibited:
(a) the introduction or delivery for introduction into commerce
of any misbranded package of a hazardous substance.
(b) the alteration, mutilation, destruction, obliteration, or
removal of the whole or any part of the label of, or the doing of
any other act with respect to, a hazardous substance, if such act is
done while the substance is in commerce, or while the substance is
held for sale (whether or not the first sale) after shipment in
commerce, and results in the hazardous substance being in a
misbranded package.
(c) the receipt in commerce of any misbranded package of a
hazardous substance and the delivery or proffered delivery thereof
for pay or otherwise.
Oklahoma Statutes - Title 63. Public Health and Safety Page 646
(d) the giving of a guarantee or undertaking referred to in
Section 1604(b) (2) which guarantee or undertaking is false, except
by a person who relied upon a guarantee or undertaking to the same
effect signed by, and containing the name and address of, the person
residing in the United States from whom he received in good faith
the hazardous substance.
(e) the failure to permit entry or inspection as authorized by
Section 1609 or to permit access to and copying of any record as
authorized by Section 1610.
(f) the introduction or delivery for introduction into commerce,
or the receipt in commerce and subsequent delivery or proffered
delivery for pay or otherwise, of a hazardous substance in a reused
food, drug, or cosmetic container or in a container which, though
not a reused container, is identifiable as a food, drug, or cosmetic
container by its labeling or by other identification. The reuse of
a food, drug, or cosmetic container as a container for a hazardous
substance shall be deemed to be an act which results in the
hazardous substance being in a misbranded package.
(g) the use by any person to his own advantage, or revealing
other than to the State Commissioner of Health or officers or
employees of the State Department of Health, or to the courts when
relevant in any judicial proceeding under this article, of any
information acquired under authority of Section 1609 concerning any
method of process which as a trade secret is entitled to protection.
Laws 1963, c. 325, art. 16, § 1603.
§63-1-1604. Violations - Penalties - Exemptions.
(a) Any person who violates any of the provisions of Section
1603 shall be guilty of a misdemeanor and shall on conviction
thereof be subject to a fine of not more than Five Hundred Dollars
($500.00), or to imprisonment for not more than ninety (90) days, or
both; but for offenses committed with intent to defraud or mislead,
or for second and subsequent offenses, the penalty shall be
imprisonment for not more than one year, or a fine of not more than
Three Thousand Dollars ($3,000.00), or both such imprisonment and
fine.
(b) No person shall be subject to the penalties of subsection
(a) of this section (1) for having violated Section 1603(c), if the
receipt, delivery, or proffered delivery of the hazardous substance
was made in good faith, unless he refuses to furnish, on request of
an officer or employee duly designated by the State Commissioner of
Health, the name and address of the person from whom he purchased or
received such hazardous substance, and copies of all documents, if
any there be, pertaining to the delivery of the hazardous substance
to him; or (2) for having violated Section 1603(a), if he
establishes a guaranty or undertaking signed by, and containing the
name and address of, the person residing in the United States from
Oklahoma Statutes - Title 63. Public Health and Safety Page 647
whom he received in good faith the hazardous substance, to the
effect that the hazardous substance is not in misbranded packages
within the meaning of that term in this article; or (3) for having
violated subsection (a) or (c) of Section 1603 in respect of any
hazardous substance shipped or delivered for shipment for export to
any foreign country, in a package marked for export on the outside
of the shipping container and labeled in accordance with the
specifications of the foreign purchaser and in accordance with the
laws of the foreign country, but, if such hazardous substance is
sold or offered for sale in domestic commerce, this clause shall not
apply.
Laws 1963, c. 325, art. 16, § 1604.
§63-1-1605. Embargo.
(a) Whenever a duly authorized agent of the State Commissioner
of Health finds, or has probable cause to believe, that any
hazardous substance is so misbranded as to be dangerous or
fraudulent, within the meaning of this article, he shall affix to
such article a tag or other appropriate marking, giving notice that
such article is, or is suspected of being, misbranded and has been
detained or embargoed, and warning all persons not to remove or
dispose of such article by sale or otherwise until permission for
removal or disposal is given by such agent or the court.
(b) When an article detained or embargoed has been found by such
agent to be misbranded, he shall petition the district court in
whose jurisdiction the article is detained or embargoed for
condemnation of such article. When such agent has found that an
article so detained or embargoed is not misbranded, he shall remove
the tag or other marking.
(c) If the court finds that a detained or embargoed article is
misbranded, such article shall, after entry of the decree, be
destroyed at the expense of the claimant thereof, under the
supervision of such agent, and all court costs and fees, and storage
and other proper expenses, shall be taxed against the claimant of
such article or his agent; provided, that when the misbranding can
be corrected by proper labeling or processing of the article, the
court, after entry of the decree and after such costs, fees, and
expenses have been paid and a good and sufficient bond, conditioned
that such article shall be so labeled or processed, has been
executed, may by order direct that such article be delivered to the
claimant thereof for such labeling or processing under the
supervision of an agent of the Commissioner. The expense of such
supervision shall be paid by the claimant. Such bond shall be
returned to the claimant of the article on representation to the
court by the Commissioner that the article is no longer in violation
of this article, and that the expenses of such supervision have been
paid.
Oklahoma Statutes - Title 63. Public Health and Safety Page 648
Laws 1963, c. 325, art. 16, § 1605.
§63-1-1606. Prosecutions for violations.
It shall be the duty of each district attorney to whom the State
Commissioner of Health reports any violation of this article to
cause appropriate proceedings to be instituted in the proper courts
without delay and to be prosecuted in the manner required by law.
Before any violation of this article is reported to any district
attorney for the institution of a criminal proceeding, the person
against whom such proceeding is contemplated shall be given
appropriate notice and an opportunity to present his views before
the Commissioner or his designated agent, either orally or in
writing, in person, or by attorney, with regard to such contemplated
proceeding.
Laws 1963, c. 325, art. 16, § 1606.
§63-1-1607. Injunction.
In addition to the remedies hereinafter provided, the
Commissioner is hereby authorized to apply to the district court
for, and such court shall have jurisdiction upon hearing and for
cause shown to grant, a temporary or permanent injunction
restraining any person from violating any provision of Section 1603
of this article, irrespective of whether or not there exists an
adequate remedy at law.
Laws 1963, c. 325, art. 16, § 1607.
§63-1-1608. Rules and regulations.
The authority to promulgate reasonable rules and regulations for
the efficient enforcement of this article is hereby vested in the
State Board of Health, which is hereby authorized to make reasonable
rules and regulations promulgated under this article conform,
insofar as practicable, with those promulgated under the Federal
Hazardous Substances Labeling Act.
Laws 1963, c. 325, art. 16, § 1608.
§63-1-1609. Right of access - Inspections.
The State Commissioner of Health or his duly-authorized agent
shall have free access at all reasonable hours to any factory,
warehouse, or establishment in which hazardous substances as defined
in this article are manufactured, processed, packed, or held for
introduction into commerce, or to enter any vehicle being used to
transport or hold such product in commerce after notice to the owner
or person in charge of such factory, warehouse, establishment, or
vehicle, for the purpose:
(1) of inspecting such factory, warehouse, establishment or
vehicle to determine if any of the provisions of this article are
being violated, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 649
(2) to secure samples or specimens of any product, after paying
or offering to pay for such sample. The Commissioner shall make, or
cause to be made, such examination as he deems necessary.
Laws 1963, c. 325, art. 16, § 1609.
§63-1-1610. Inspections of records.
For the purpose of enforcing the provisions of this Article,
carriers engaged in commerce, and persons receiving hazardous
substances in commerce or holding such products so received, shall
upon the request of an officer or employee duly designated by the
State Commissioner of Health permit such officer or employee, at
reasonable times, to have access to and to copy all records showing
the movement in commerce of any hazardous substance or the holding
thereof during or after such movement, and the quantity, shipper,
and consignee thereof; and it shall be unlawful for any such carrier
or person to fail to permit such access to and copying of any such
records so requested when such request is accompanied by a statement
in writing specifying the nature or kind of hazardous substance to
which such request relates; provided, that evidence obtained under
this section shall not be introduced in a criminal prosecution of
the person from whom obtained.
Laws 1963, c. 325, art. 16, § 1610.
§63-1-1611. Publication of reports and information.
(a) The State Commissioner of Health may cause to be published,
from time to time, reports summarizing all judgments, decrees, and
court orders which have been rendered under this Article, including
the nature of the charge and the disposition thereof.
(b) The Commissioner may also cause to be disseminated
information regarding hazardous substances which, in the opinion of
the Commissioner, involve imminent danger to health. Nothing in
this section shall be construed to prohibit the Commissioner from
collecting, reporting, and illustrating the results of the
investigations of the Commissioner.
Laws 1963, c. 325, art. 16, § 1611, operative July 1, 1963.
§63-1-1701. Penalties for violation of act - Injunctive relief.
A. Unless otherwise provided in the Oklahoma Public Health
Code:
1. Any person who willfully fails or refuses to comply with, or
violates, a lawful order of the State Board of Health or the State
Commissioner of Health, or his duly authorized representative, or of
a local health officer, or who violates the terms and conditions of
a quarantine or embargo, shall, upon conviction, be guilty of a
misdemeanor, and upon conviction thereof may be punished by a fine
of not to exceed One Hundred Dollars ($100.00), or by imprisonment
Oklahoma Statutes - Title 63. Public Health and Safety Page 650
in the county jail for not more than thirty (30) days, or by both
such fine and imprisonment;
2. Any person who fails or refuses to make or file a report, or
to file a certificate, or to keep a record, that is required by the
provisions of this Code, or by rules of the State Board of Health,
or the State Commissioner of Health, or who gives false information
in or for such report, certificate or record, shall, upon
conviction, be guilty of a misdemeanor, and upon conviction thereof
may be punished by a fine of not more than Two Hundred Dollars
($200.00);
3. Any person who gives false information in an application for
a license or permit, or to the Commissioner or a local health
officer, shall, upon conviction, be guilty of a misdemeanor, and
upon conviction thereof may be punished by a fine of not more than
Two Hundred Dollars ($200.00);
4. Any person who does any act for which a license or permit is
required by the provisions of this Code, and who is not at the time
the holder of such a license or permit, shall, upon conviction, be
guilty of a misdemeanor, and upon conviction thereof may be punished
by a fine of not more than Five Hundred Dollars ($500.00), or by
imprisonment in the county jail for not more than six (6) months, or
by both such fine and imprisonment; and
5. Any person who does any act that is made unlawful or a
misdemeanor by the provisions of this Code, or who violates any of
the other provisions of this Code, or any standard, rule or
regulation authorized by this Code, shall, upon conviction, be
guilty of a misdemeanor, and upon conviction thereof may be punished
by a fine of not more than Two Hundred Dollars ($200.00), or by
imprisonment in the county jail for not more than thirty (30) days,
or by both such fine and imprisonment.
B. 1. Notwithstanding the penalties provided for in this
section, district courts may also grant injunctive relief to prevent
a violation of, or to compel a compliance with, any of the
provisions of this Code or any rule or order issued pursuant to this
Code.
2. Any action for injunctive relief to redress or restrain a
violation by any person of any provision of this Code, any rule or
order issued pursuant to this Code, or recovery of any
administrative or civil penalty assessed pursuant to Section 1-
1701.1A of this title may be filed and prosecuted by:
a. the district attorney in the appropriate district
court of the State of Oklahoma, or
b. the Department on behalf of the State of Oklahoma in
the appropriate district court of the State of
Oklahoma, or as otherwise authorized by law.
3. As used in this subsection, the term "this Code" includes
Section 1-101 et seq. of this title and those statutes codified in
Oklahoma Statutes - Title 63. Public Health and Safety Page 651
Title 59 of the Oklahoma Statutes for the regulation of professions
and occupations for which the Department issues a license.
Added by Laws 1963, c. 325, art. 17, § 1701, operative July 1, 1963.
Amended by Laws 1981, c. 277, § 4, emerg. eff. June 26, 1981; Laws
1992, c. 201, § 5, eff. July 1, 1992; Laws 1993, c. 145, § 310, eff.
July 1, 1993.
§63-1-1701.1A. Violation of rules, regulations or standards -
Orders - Penalties.
A. In addition to any other remedies provided for by law, the
Department, pursuant to rules and regulations, may issue a written
order to any person whom the Department has reason to believe is
presently in violation of any standards or rules promulgated by the
State Board of Health and to whom the Department has served, no less
than fifteen (15) days previously, a written notice of violation of
such standards or rules. The fifteen-day notice period may be
reduced as, in the opinion of the Department, may be necessary to
render the order reasonably effectual.
B. The written order may require compliance with such standards
or rules immediately or within a specified time period or both. The
order may also assess an administrative fine for each day or part of
a day that such person fails to comply with the order.
C. Any order issued pursuant to this section shall state with
specificity the nature of the violation. Any penalty assessed in
the order shall not exceed Ten Thousand Dollars ($10,000.00) per day
of noncompliance with the order. In assessing such a penalty, the
Department shall consider the seriousness of the violation and any
efforts to comply with applicable requirements.
D. Any order issued pursuant to the provisions of this section
shall become a final order unless, no later than fifteen (15) days
after the order is served, the person or persons named therein
request an administrative hearing. Upon such request the Department
shall promptly conduct the hearing. The Department shall dismiss
such proceedings where compliance with the order is demonstrated. A
final order following a hearing may assess an administrative fine of
an amount based upon consideration of the evidence but not exceeding
the amount stated in the written order.
E. Such orders and hearings are subject to the Administrative
Procedures Act.
Added by Laws 1986, c. 148, § 2, emerg. eff. April 29, 1986.
Amended by Laws 1990, c. 196, § 1, emerg. eff. May 10, 1990; Laws
1992, c. 215, § 19, emerg. eff. May 15, 1992; Laws 1993, c. 145, §
311, eff. July 1, 1993.
§63-1-1701.1B. Collection of fines - Limiting construction of act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 652
A. Administrative fines collected by the Department pursuant to
Section 2 of this act shall be paid into the Public Health Special
Fund.
B. Nothing in this act shall be construed as amending the
provisions of Sections 1-833, 1-839 or 1-2012.2 of Title 63 of the
Oklahoma Statutes.
Added by Laws 1986, c. 148, § 3, emerg. eff. April 29, 1986.
§63-1-1701.2. Administrative warrants.
The Department may apply to and obtain from a judge of the
district court, an administrative warrant as necessary to enforce
access to premises for investigation, inquiry and inspection under
the provisions of the Public Health Code and the rules and
regulations promulgated by the State Board of Health.
Added by Laws 1990, c. 196, § 2, emerg. eff. May 10, 1990.
§63-1-1702. Renewal of license or permit - Grace period - Renewal
fee - Penalty fee - Prohibited renewal.
The holder of any renewable license or permit issued under the
provisions of this Code shall be entitled to thirty (30) days after
the expiration date thereof in which to renew the same, without
penalty; and if he fails to pay the renewal fee within such thirty-
day period, he shall, unless otherwise provided in this Code, be
required to pay the renewal fee plus a penalty fee in an amount as
promulgated by the State Board of Health by rule. Such penalty fee
shall not exceed the amount of the renewal fee. In the case of any
renewal fee which shall exceed Ten Thousand Dollars ($10,000.00),
the penalty fee shall be one and one-half percent (1.5%) per month
of the outstanding balance of the renewal fee. The Board may
promulgate rules which prohibit the renewal of a license or permit
which has expired by more than ninety (90) days.
Laws 1963, c. 325, art. 17, § 1702, operative July 1, 1963; Laws
1969, c. 199, § 1, emerg. eff. April 18, 1969; Laws 1992, c. 201, §
6, eff. July 1, 1992.
§63-1-1703. Old licenses continued in effect.
Any license heretofore issued by the State Commissioner of
Health, State Board of Health or the State Department of Health that
has not expired when this Code becomes effective shall remain valid
for the purpose issued, and it shall not be necessary for the holder
thereof to obtain another license required by this Code for a
similar purpose, until the term for which the former license was
issued has expired, unless such license is revoked or suspended for
cause as provided in this Code.
Laws 1963, c. 325, art. 17, § 1703.
§63-1-1704. Status of employees under Merit System not changed.
Oklahoma Statutes - Title 63. Public Health and Safety Page 653
This act, or the repeal of any law by this act, shall not change
or affect the status, rights, and privileges accrued to employees of
the State Commissioner of Health under the State Merit System of
Personnel Administration when this act becomes effective. For the
purposes of 74 O.S.1961, Sections 801 - 839, the position of State
Commissioner of Health established by 63 O.S.1961, Sec. 1.2 and the
position of State Commissioner of Health provided for by this Code
shall be deemed to be a single continuing agency of the state
government, and persons employed by the former Commissioner and
continuing as employees of the latter Commissioner shall be entitled
to the same status, rights, and privileges under such statutes that
they would have had if the former position had remained in
existence.
Laws 1963, c. 325, art. 17, § 1704.
§63-1-1707. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-1708. Malpractice insurance on doctors and nurses in health
departments - Liability.
The State Commissioner of Health may purchase, with public
funds, insurance to protect the public against malpractice of
doctors and nurses employed by the State Department of Health full
time, and to indemnify such doctors and nurses in connection
therewith; and the director of any county, district or cooperative
department of health may purchase, with public funds, insurance to
protect the public against malpractice of doctors and nurses
employed full time by such department and to indemnify such doctors
and nurses in connection therewith. This section shall not be
construed to make the state or a county, or any of the aforesaid
departments of health, liable for damages resulting from such
malpractice.
Laws 1963, c. 299, § 1.
§63-1-1708.1A. Short title.
Sections 1-1708.1A through 1-1708.1G of this title and Sections
22, 23 and 24 of this act shall be known and may be cited as the
“Affordable Access to Health Care Act”.
Added by Laws 2003, c. 390, § 1, eff. July 1, 2003. Amended by Laws
2004, c. 368, § 20, eff. Nov. 1, 2004.
§63-1-1708.1B. Legislative findings - Purpose.
A. FINDINGS: The Oklahoma Legislature finds:
1. EFFECT ON HEALTH CARE ACCESS AND COSTS. That the medical
liability system in this state is a mechanism for resolving claims
of medical liability and compensating injured patients which affects
patient access to health care services; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 654
2. EFFECT ON STATE SPENDING. That the medical liability
litigation system existing in this state has an effect on the
amount, distribution, and use of state funds because of:
a. the large number of individuals who receive health
care benefits under programs operated or financed by
the state through the Oklahoma Health Care Authority,
and
b. the large number of Oklahoma health care providers
needed to provide services for which the state makes
payment through the Oklahoma Health Care Authority.
B. PURPOSE. It is the purpose of the Affordable Access to
Health Care Act to implement reasonable, comprehensive, and
effective medical liability reforms designed to:
1. Improve the availability of health care services;
2. Lower the cost of medical liability insurance;
3. Ensure that persons with meritorious health care injury
claims receive fair and adequate compensation; and
4. Improve the fairness and cost-effectiveness of this state’s
current medical liability system to resolve disputes over, and
provide compensation for, medical liability.
Added by Laws 2003, c.390, § 2, eff. July 1, 2003.
§63-1-1708.1C. Definitions.
As used in the Affordable Access to Health Care Act, the
following words, terms, or phrases shall have the following
meanings, unless the context otherwise clearly indicates:
1. “Health care provider” means any person or other entity who
is licensed pursuant to the provisions of Title 59 or Title 63 of
the Oklahoma Statutes, or pursuant to the laws of another state, to
render health care services in the practice of a profession or in
the ordinary course of business;
2. “Health care services” means any services provided by a
health care provider, or by an individual working for or under the
supervision of a health care provider, that relate to the diagnosis,
assessment, prevention, treatment or care of any human illness,
disease, injury or condition;
3. “Medical liability action” means any civil action involving,
or contingent upon, personal injury or wrongful death brought
against a health care provider based on professional negligence;
4. “Noneconomic damages” means all subjective, nonmonetary
losses including, but not limited to, pain, suffering,
inconvenience, mental anguish, emotional distress, loss of enjoyment
of life, loss of society and companionship, loss of consortium,
injury to reputation and humiliation; provided, however,
“noneconomic damages” do not include exemplary damages, as defined
in Section 9.1 of Title 23 of the Oklahoma Statutes;
Oklahoma Statutes - Title 63. Public Health and Safety Page 655
5. “Professional negligence” means a negligent act or omission
to act by a health care provider in the rendering of health care
services, provided that such services are within the scope of
services for which the health care provider is licensed, certified,
or otherwise authorized to render by the laws of this state, and
which are not within any restriction imposed by a hospital or the
licensing agency of the health care provider; and
6. “Qualified expert” means a health care provider who has
knowledge of standards of care for the diagnosis, assessment,
prevention, treatment or care of the illness, disease, injury or
condition involved in the medical liability action. In a case
involving a claim for negligent credentialing or corporate
negligence, a “qualified expert” means a physician or administrator
who has or has had responsibility for credentialing or served on a
medical staff committee involved in a credentialing process at the
licensed health care entity.
Added by Laws 2003, c.390, § 3, eff. July 1, 2003.
§63-1-1708.1D. Medical liability actions - Evidence.
A. In every medical liability action, the court shall admit
evidence of payments of medical bills made to the injured party,
unless the court makes the finding described in paragraph B of this
section.
B. In any medical liability action, upon application of a
party, the court shall make a determination whether amounts claimed
by a health care provider to be a payment of medical bills from a
collateral source is subject to subrogation or other right of
recovery. If the court makes a determination that any such payment
is subject to subrogation or other right of recovery, evidence of
the payment from the collateral source and subject to subrogation or
other right of recovery shall not be admitted.
Added by Laws 2003, c.390, § 4, eff. July 1, 2003.
§63-1-1708.1E. Repealed by Laws 2013, 1st Ex.Sess., c. 12, § 6.
NOTE: Laws 2009, c. 228, § 87, which originally repealed this
section, was held unconstitutional by the Oklahoma Supreme Court in
the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37,
302 P.2d 789 (Okla. 2013).
§63-1-1708.1F-1. Noneconomic damages – Hard cap limit – Exception –
Applicability and termination of section.
A. Except as provided in subsection B or D of this section, in
any medical liability action not provided for in Section 1-1708.1F
of Title 63 of the Oklahoma Statutes, the amount of noneconomic
damages awarded shall not exceed the hard cap amount of Three
Hundred Thousand Dollars ($300,000.00), regardless of the number of
actions brought with respect to the personal injury, provided:
Oklahoma Statutes - Title 63. Public Health and Safety Page 656
1. The defendant has made an offer of judgment pursuant to
Section 1101.1 of Title 12 of the Oklahoma Statutes; and
2. The amount of the verdict awarded to the plaintiff is less
than one and one-half (1 1/2) times the amount of the final offer of
judgment.
B. The dollar amount prescribed by subsection A of this section
shall be adjusted annually based upon any positive increase in the
Consumer Price Index that measures the average changes in prices of
goods and services purchased by urban wage earners and clerical
workers’ families and single workers living alone (CPI-W) for the
preceding calendar year. The adjustment required by this subsection
shall be made on April 1 of each year or not later than thirty (30)
days after the date upon which the Bureau of Labor Statistics
releases the CPI-W inflationary data for the preceding calendar
year, whichever date first occurs. No adjustment to the dollar
amount prescribed by this section shall be made for any year in
which there is a decline in the Consumer Price Index.
C. As used in this section, “noneconomic damages” means only
mental pain and suffering, inconvenience, mental anguish, emotional
distress, loss of society and companionship, loss of consortium,
injury to reputation and humiliation; provided, however, noneconomic
damages do not include exemplary damages, as provided for in Section
9.1 of Title 23 of the Oklahoma Statutes.
D. If nine or more members of the jury find by clear and
convincing evidence that the defendant committed negligence or if
nine or more members of the jury find by a preponderance of the
evidence that the conduct of the defendant was willful or wanton,
the limits on noneconomic damages provided for in subsection A of
this section shall not apply; provided, however, the judge must,
before submitting such determination to the jury, make a threshold
determination that there is evidence from which the jury could
reasonably make the findings set forth in the case.
E. If the jury returns a verdict that is greater than Three
Hundred Thousand Dollars ($300,000.00) and is less than one and one-
half (1 1/2) times the amount of the final offer of judgment, the
court shall submit to the jury an additional form of verdict. The
additional form of verdict shall be substantially as follows:
“1. Do you find by a preponderance of the evidence that the
conduct of the defendant was willful or wanton? If nine or more of
you answer in the affirmative, then return this verdict form in open
court. If less than nine of you answer in the affirmative, then
answer the following question.
2. Do you find by clear and convincing evidence that the
defendant was negligent? If this question is answered
affirmatively, then return this verdict form in open court. If less
than nine of you find negligence by clear and convincing evidence,
then answer the following question.
Oklahoma Statutes - Title 63. Public Health and Safety Page 657
3. Of the amount returned in the verdict, what amount of your
verdict is for economic damages and what amount is for noneconomic
damages?”
F. Nothing in this section shall apply to an action brought for
wrongful death.
G. The provisions of this section shall apply only to actions
that accrue on or after November 1, 2004.
H. This section of law shall terminate on November 1, 2010.
Added by Laws 2004, c. 368, § 22, eff. Nov. 1, 2004.
§63-1-1708.1F. Medical liability actions - Damages.
A. Except as provided in subsection B of this section, in any
medical liability action in which the health care services at issue
were provided for:
1. Pregnancy or labor and delivery, including the immediate
post-partum period; or
2. Emergency care in the emergency room of a hospital or as
follow-up to the emergency care services provided in the emergency
room;
the amount of noneconomic damages awarded shall not exceed Three
Hundred Thousand Dollars ($300,000.00), regardless of the number of
parties against whom the action is brought or the number of actions
brought with respect to the personal injury.
B. Where the judge finds by clear and convincing evidence that
the defendant committed negligence in one of the types of cases
enumerated in subsection A of this section, the court shall
articulate its findings into the record out of the presence of the
jury and shall lift the noneconomic damage cap.
C. Nothing in this section shall apply to any nursing facility
or nursing home licensed pursuant to Section 1-1903 of this title or
the owners, operators, officers, agents or employees of such
entities.
D. Nothing in this section shall apply to a medical liability
action brought for wrongful death.
E. This section of law shall terminate on November 1, 2010.
Added by Laws 2003, c. 390, § 6, eff. July 1, 2003. Amended by Laws
2004, c. 368, § 21, eff. Nov. 1, 2004.
§63-1-1708.1G. Repealed by Laws 2009, c. 228, § 87, eff. Nov. 1,
2009.
§63-1-1708.1H. Statements, conduct, etc. expressing apology,
sympathy, etc. – Admissibility – Definitions.
A. In any medical liability action, any and all statements,
affirmations, gestures, or conduct expressing apology, sympathy,
commiseration, condolence, compassion, or a general sense of
benevolence which are made by a health care provider or an employee
Oklahoma Statutes - Title 63. Public Health and Safety Page 658
of a health care provider to the plaintiff, a relative of the
plaintiff, or a representative of the plaintiff and which relate
solely to discomfort, pain, suffering, injury, or death as the
result of the unanticipated outcome of the medical care shall be
inadmissible as evidence of an admission of liability or as evidence
of an admission against interest.
B. For purposes of this section, unless context otherwise
requires, “relative” means a spouse, parent, grandparent,
stepfather, child, grandchild, brother, sister, half-brother, half-
sister or spouse’s parents. The term includes said relationships
that are created as a result of adoption. “Representative” means a
legal guardian, attorney, person designated to make decisions on
behalf of a patient under a durable power of attorney or health care
proxy, or any person recognized in law or custom as an agent for the
plaintiff.
Added by Laws 2004, c. 368, § 23, eff. Nov. 1, 2004.
§63-1-1708.1I. Expert witnesses – Qualifications.
A. The court shall apply the criteria specified in subsection B
of this section in determining whether an expert is qualified to
offer expert testimony on the issue of whether the defendant health
care provider departed from accepted standards of health care but
may depart from those criteria if, under the circumstances, the
court determines that there is good reason to admit the expert's
testimony. The court shall state on the record the reason for
admitting the testimony if the court departs from the criteria.
B. In determining whether a witness is qualified on the basis
of training or experience, the court shall consider whether, at the
time the claim arose or at the time the testimony is given, the
witness:
1. Is licensed to practice medicine or has other substantial
training or experience, in any area of health care relevant to the
claim; and
2. Is actively practicing or retired from practicing health
care in any area of health care services relevant to the claim.
C. This section shall not prevent a health care provider who is
a defendant, or an employee of the defendant health care provider,
from qualifying as an expert.
Added by Laws 2004, c. 368, § 24, eff. Nov. 1, 2004.
§63-1-1709. Information concerning condition and treatment of
patients - Restrictions - Exemption from liability - Review
committees.
Any authorized person, hospital, sanatorium, nursing home or
rest home, or other organization may provide information,
interviews, reports, statements, memoranda or other data relating to
the condition and treatment of any person to any of the following
Oklahoma Statutes - Title 63. Public Health and Safety Page 659
for use in the course of studies for the purpose of reducing
morbidity or mortality: The State Board of Health; the Oklahoma
State Medical Association, or any committee or allied society
thereof; the American Medical Association, or other national
organization approved by the State Board of Health, or any committee
or allied medical society thereof; any in-hospital staff committee;
or a city-county health department. No liability for damages or
other relief shall arise or be enforced against any authorized
person, institution or organization by reason of having provided
such information or material, or by reason of having released or
published the findings and conclusions of such groups to advance
medical research and medical education, or by reason of having
released or published generally a summary of such studies. The
recipients shall use or publish such information or material only
for the purpose of advancing medical research or medical education
in the interest of reducing morbidity or mortality, except that a
summary of such studies may be released by any such group for
general publication. In all events, the identity of any person
whose condition or treatment has been studied shall be confidential
and shall not be revealed under any circumstances. Any information
furnished shall not contain the name of the person upon whom
information is furnished and shall not violate the confidential
relationship of patient and doctor. All information, interviews,
reports, statements, memoranda, or other data furnished by reason of
this section, and any findings or conclusions resulting from such
studies, are declared to be privileged communications which may not
be used or offered or received in evidence in any legal proceeding
of any kind or character, and any attempt to use or offer any such
information, interviews, reports, statements, memoranda or other
data, findings or conclusions, or any part thereof, unless waived by
the interested parties, shall constitute prejudicial error in any
such proceeding. Physicians and others appointed to hospital
utilization review committees for the purpose of determining the
optimum use of hospital services shall be immune from liability with
respect to decisions made as to such utilization and actions
thereunder so long as such physicians or others act in good faith;
provided, however, that nothing in this section shall be construed
to relieve any patient's personal physician of any liability which
he may have in connection with the treatment of such patient.
Added by Laws 1963, c. 13, § 1. Amended by Laws 1968, c. 215, § 1,
emerg. eff. April 23, 1968; Laws 2009, c. 276, § 2, eff. Nov. 1,
2009.
§63-1-1709.1. Peer review information.
A. As used in this section:
1. "Credentialing or recredentialing data" means:
Oklahoma Statutes - Title 63. Public Health and Safety Page 660
a. the application submitted by a health care
professional requesting appointment or reappointment
to the medical staff of a health care entity or
requesting clinical privileges or other permission to
provide health care services at a health care entity,
b. any information submitted by the health care
professional in support of such application,
c. any information, unless otherwise privileged, obtained
by the health care entity during the credentialing or
recredentialing process regarding such application,
and
d. the decision made by the health care entity regarding
such application;
2. "Credentialing or recredentialing process" means any
process, program or proceeding utilized by a health care entity to
assess, review, study or evaluate the credentials of a health care
professional;
3. "Health care entity" means:
a. any hospital or related institution offering or
providing health care services under a license issued
pursuant to Section 1-706 of this title,
b. any ambulatory surgical center offering or providing
health care services under a license issued pursuant
to Section 2660 of this title,
c. the clinical practices of accredited allopathic and
osteopathic state medical schools, and
d. any other entity directly involved in the delivery of
health care services that engages in a credentialing
or peer review process;
4. "Health care professional" means any person authorized to
practice allopathic medicine and surgery, osteopathic medicine,
podiatric medicine, optometry, chiropractic, psychology, dentistry,
or a dental specialty, a physician assistant, or an advanced
practice registered nurse under a license issued pursuant to Title
59 of the Oklahoma Statutes;
5. "Peer review information" means all records, documents and
other information generated during the course of a peer review
process, including any reports, statements, memoranda,
correspondence, record of proceedings, materials, opinions,
findings, conclusions and recommendations, credentialing data and
recredentialing data, but does not include:
a. the medical records of a patient whose health care in
a health care entity is being reviewed,
b. incident reports and other like documents regarding
health care services being reviewed, regardless of how
the reports or documents are titled or captioned,
Oklahoma Statutes - Title 63. Public Health and Safety Page 661
c. the identity of any individuals who have personal
knowledge regarding the facts and circumstances
surrounding the patient's health care in the health
care entity,
d. factual statements regarding the patient's health care
in the health care entity from any individuals who
have personal knowledge regarding the facts and
circumstances surrounding the patient's health care,
which factual statements were generated outside the
peer review process,
e. the identity of all documents and raw data previously
created elsewhere and considered during the peer
review process, or
f. copies of all documents and raw data previously
created elsewhere and considered during the peer
review process, whether available elsewhere or not;
and
6. "Peer review process" means any process, program or
proceeding, including a credentialing or recredentialing process,
utilized by a health care entity or county medical society to
assess, review, study or evaluate the credentials, competence,
professional conduct or health care services of a health care
professional.
B. 1. Peer review information shall be private, confidential
and privileged except that a health care entity or county medical
society shall be permitted to provide relevant peer review
information to the state agency or board which licensed the health
care professional who provided the health care services being
reviewed in a peer review process or who is the subject of a
credentialing or recredentialing process, with notice to the health
care professional.
2. Nothing in this section shall be construed to abrogate,
alter or affect any provision in the Oklahoma Statutes which
provides that information regarding liability insurance of a health
care entity or health care professional is not discoverable or
admissible.
C. In any civil action in which a patient or patient's legal
representative has alleged that the patient has suffered injuries
resulting from negligence by a health care professional in providing
health care services to the patient in a health care entity, factual
statements, presented during a peer review process utilized by such
health care entity, regarding the patient's health care in the
health care entity from individuals who have personal knowledge of
the facts and circumstances surrounding the patient's health care
shall not be subject to discovery.
D. 1. In any civil action in which a patient or patient's
legal representative has alleged that the health care entity was
Oklahoma Statutes - Title 63. Public Health and Safety Page 662
independently negligent as a result of permitting the health care
professional to provide health care services to the patient in the
health care entity, the credentialing and recredentialing data, and
the recommendations made and action taken as a result of any peer
review process utilized by such health care entity regarding the
health care professional prior to the date of the alleged negligence
shall be subject to discovery pursuant to the Oklahoma Discovery
Code.
2. Any information discovered pursuant to this subsection:
a. shall not be admissible as evidence until a judge or
jury has first found the health care professional to
have been negligent in providing health care services
to the patient in such health care entity, and
b. shall not at any time include the identity or means by
which to ascertain the identity of any other patient
or health care professional.
E. No person involved in a peer review process may be permitted
or required to testify regarding the peer review process in any
civil proceeding or disclose by responses to written discovery
requests any peer review information.
Added by Laws 1999, c. 180, § 1, eff. Nov. 1, 1999. Amended by Laws
2000, c. 354, § 1, emerg. eff. June 6, 2000; Laws 2002, c. 156, § 3,
eff. Nov. 1, 2002; Laws 2004, c. 558, § 2, emerg. eff. June 9, 2004;
Laws 2013, 1st Ex.Sess., c. 5, § 2, emerg. eff. Sept. 10, 2013; Laws
2013, 1st Ex.Sess., c. 5, § 3, emerg. eff. Sept. 10, 2013; Laws
2014, c. 294, § 1, eff. Nov. 1, 2014; Laws 2024, c. 200, § 1, eff.
Nov. 1, 2024.
NOTE: Laws 2009, c. 228, § 28 was held unconstitutional by the
Oklahoma Supreme Court in the case of Douglas v. Cox Retirement
Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed
by Laws 2013, 1st Ex.Sess., c. 5, § 1, emerg. eff. Sept. 10, 2013.
§63-1-1710. Retirement system.
If, pursuant to the laws of Oklahoma or of any charter provision
or ordinance of a city which participates in a city-county, county,
district, or cooperative health department, as authorized by the
Oklahoma Public Health Code, a retirement system is established for
the employees of a participating city, the employees of the city-
county, county, district, or cooperative health department may be
included in that retirement system on the same basis applicable to
employees of the participating city, provided the applicable Board
of Health so recommends and the State Commissioner of Health, the
board of county commissioners, and the governing body of the city
which created and operates such health department approve. Nothing
otherwise provided by law shall operate to prohibit the
appropriation of county funds for the payment of the pro rata share
of the contribution to be made to the city or county retirement fund
Oklahoma Statutes - Title 63. Public Health and Safety Page 663
on behalf of the employees of the applicable health department. In
the event funds become available for public health purposes pursuant
to the provisions of Section 9a, Article X of the Oklahoma
Constitution and 63 O.S.Supp.1963, Sections 1-223 through 1-226, the
contribution on behalf of the employees of the applicable health
department may be paid from such funds; provided further, that an
employee of the city-county, county, district, or cooperative health
department shall not participate in more than one of the city,
county, or state retirement systems.
1965, c. 102, § 1, emerg. eff. May 12, 1965.
§63-1-1712. Failure to comply with or breach of certain federal
laws inadmissible.
A health care provider's failure to comply with or a health care
provider's breach of the federal Patient Protection and Affordable
Care Act (Public Law 111-148) consolidating the amendment made by
Title X of the Act and the Health Care and Education Reconciliation
Act of 2010 (Public Law 111-152) and any regulation, program,
guideline or other provision established by such, shall not be
admissible, used to determine the standard of care, or the legal
basis for a presumption of negligence in any medical liability
action in this state.
Added by Laws 2014, c. 416, § 1, eff. Nov. 1, 2014.
§63-1-1750. Rules and regulations.
The State Board of Health has the power and duty to issue rules
and regulations, not inconsistent with the laws of this state or of
the federal government, which are necessary or useful to regulate in
the public interest the practice of fitting and dealing hearing aids
and licensing qualified individuals for the practice.
Laws 1980, c. 230, § 1, eff. July 1, 1980.
§63-1-1751. License fees.
Fees for licenses issued by the State Board of Health to
practice the fitting and dealing of hearing aids shall be set
by the State Board of Health at rates not less than the
following schedule:
Application for a Temporary Permit $ 15.00
Examination Fee 35.00
Renewal of a License 50.00
Renewal within thirty-day grace period 75.00
Renewal after expiration 100.00
Oklahoma Statutes - Title 63. Public Health and Safety Page 664
Any fee schedule changes must be submitted to the Legislature
for approval or rejection under the Administrative Procedures Act.
Applicants for examinations shall be responsible for the full cost
of examinations, re-examinations, and background checks relating to
licensing and certification.
Added by Laws 1980, c. 230, § 2, eff. July 1, 1980. Amended by Laws
2015, c. 15, § 1, eff. Nov. 1, 2015.
§63-1-1752. Abolition of Board of Hearing Aid Dealers and Fitters.
The Board of Hearing Aid Dealers and Fitters is hereby
abolished. All unexpended funds within the Hearing Aid Dealers' and
Fitters' Licensing Fund, property, records and any outstanding
financial obligation and encumbrance of the Board of Hearing Aid
Dealers and Fitters are hereby transferred to the State Department
of Health.
Laws 1980, c. 230, § 3, eff. July 1, 1980.
§63-1-1753. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013.
§63-1-1754. Renewal of permit or license.
As a condition for renewal of a permit to practice, the Board
shall require certificate and license holders to furnish evidence of
participation in continuing education in the practice of fitting and
dealing in hearing aids and related devices. The Board may adopt
reasonable rules and regulations regarding such continuing
education.
Laws 1980, c. 230, § 5, eff. July 1, 1980.
§63-1-1801. Renumbered as § 2-5-101 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1802. Renumbered as § 2-5-102 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1803. Renumbered as § 2-5-103 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1804. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May
15, 1992.
§63-1-1804.1. Renumbered as § 2-5-104 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1805. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May
15, 1992.
Oklahoma Statutes - Title 63. Public Health and Safety Page 665
§63-1-1805.1. Renumbered as § 2-5-105 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1806. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May
15, 1992.
§63-1-1806.1. Renumbered as § 2-5-106 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1807. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May
15, 1992.
§63-1-1807.1. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-1808. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May
15, 1992.
§63-1-1808.1. Renumbered as § 2-5-107 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1809. Renumbered as § 2-5-108 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1810. Renumbered as § 2-5-109 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1811. Renumbered as § 2-5-110 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1812. Renumbered as § 2-5-111 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1813. Renumbered as § 2-5-112 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1814. Renumbered as § 2-5-113 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1815. Renumbered as § 2-5-114 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1816. Renumbered as § 2-5-115 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1817. Renumbered as § 2-5-116 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 666
§63-1-1818. Renumbered as § 2-5-117 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1819. Renumbered as § 2-5-118 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1900.1. Long-Term Care Reform and Accountability Act of 2001.
A. This act shall be known and may be cited as the “Long-Term
Care Reform and Accountability Act of 2001”.
B. The purpose of the Long-Term Care Reform and Accountability
Act of 2001 shall be to design, develop and implement policies and
procedures that improve the quality of care provided in this state’s
long-care delivery system for the elderly and disabled. The purpose
of the Long-Term Care Reform and Accountability Act of 2001 shall be
accomplished through a series of initiatives.
Added by Laws 2001, c. 428, § 1, emerg. eff. June 5, 2001.
§63-1-1900.2. Waiver of Nursing Home Care Act provisions and rules.
A. It is the intent of the Legislature to foster the
development of resident autonomy, individualization and culture
change in nursing facilities licensed by the State Department of
Health.
B. The Commissioner of Health is authorized to waive any
provision of the Nursing Home Care Act and any rules promulgated
pursuant thereto, provided:
1. The waiver will not cause the State of Oklahoma to fail to
comply with any applicable requirements established by the Centers
for Medicare and Medicaid Services;
2. The waiver is granted to allow a nursing facility to satisfy
the spirit of a statutory or administrative requirement by
alternative means;
3. The waiver will not adversely affect the health, safety or
welfare of any resident of a nursing facility; and
4. The waiver is in support of a deinstitutionalization model
that restores individuals to a self-contained residence in the
community that is designed like a private home and houses no more
than twelve individuals.
C. The State Board of Health shall promulgate rules and
establish procedures necessary to implement the waiver process
established by this section.
Added by Laws 2007, c. 28, § 1.
§63-1-1901. Short title.
This act shall be known and may be cited as the "Nursing Home
Care Act".
Laws 1980, c. 241, § 1, eff. Oct. 1, 1980.
Oklahoma Statutes - Title 63. Public Health and Safety Page 667
§63-1-1902. Definitions.
As used in the Nursing Home Care Act:
1. “Abuse” means the willful infliction of injury, unreasonable
confinement, intimidation, or punishment, with resulting physical
harm, impairment, or mental anguish;
2. “Access” means the right of a person to enter a facility to
communicate privately and without unreasonable restriction when
invited to do so by a resident. A representative of the Office of
the State Long-Term Care Ombudsman and a case manager employed by
the Department of Mental Health and Substance Abuse Services or one
of its contract agencies shall have right of access to enter a
facility, communicate privately and without unreasonable restriction
with any resident who consents to the communication, to seek consent
to communicate privately and without restriction with any resident,
and to observe all areas of the facility that directly pertain to
the patient care of the resident without infringing upon the privacy
of the other residents without first obtaining their consent;
3. “Administrator” means the person licensed by the State of
Oklahoma who is in charge of a facility. An administrator must
devote at least one-third (1/3) of such person's working time to on-
the-job supervision of the facility; provided, that this requirement
shall not apply to an administrator of an intermediate care facility
for individuals with intellectual disabilities with sixteen or fewer
beds (ICF/IID-16), in which case the person licensed by the state
may be in charge of more than one such ICF/IID-16 facility, if such
facilities are located within a circle that has a radius of not more
than fifteen (15) miles, the total number of facilities and beds
does not exceed six facilities and sixty-four beds, and each such
ICF/IID-16 facility is supervised by a qualified professional. The
facilities may be free-standing in a community or may be on campus
with a parent institution. The ICF/IID-16 facility may be
independently owned and operated or may be part of a larger
institutional operation;
4. “Advisory Board” means the Long-Term Care Facility Advisory
Board;
5. “Adult companion home” means any home or establishment,
funded and certified by the Department of Human Services, which
provides homelike residential accommodations and supportive
assistance to three or fewer adults with intellectual or
developmental disabilities;
6. “Board” means the State Board of Health;
7. “Commissioner” means the State Commissioner of Health;
8. “Department” means the State Department of Health;
9. “Facility” means a nursing facility and a specialized home;
provided, this term shall not include a residential care home or an
adult companion home;
Oklahoma Statutes - Title 63. Public Health and Safety Page 668
10. “Nursing facility” means a home, an establishment, or an
institution, a distinct part of which is primarily engaged in
providing:
a. skilled nursing care and related services for
residents who require medical or nursing care,
b. rehabilitation services for the rehabilitation of
injured, disabled, or sick persons, or
c. on a regular basis, health-related care and services
to individuals who because of their mental or physical
condition require care and services beyond the level
of care provided by a residential care home and which
can be made available to them only through a nursing
facility.
Nursing facility does not mean, for purposes of Section 1-851.1 of
this title, a facility constructed or operated by an entity
described in paragraph 7 of subsection B of Section 6201 of Title 74
of the Oklahoma Statutes or the nursing care component of a
continuum of care facility, as such term is defined under the
Continuum of Care and Assisted Living Act, to the extent that the
facility constructed or operated by an entity described in paragraph
7 of subsection B of Section 6201 of Title 74 of the Oklahoma
Statutes contains such a nursing care component;
11. “Specialized facility” means any home, establishment, or
institution which offers or provides inpatient long-term care
services on a twenty-four-hour basis to a limited category of
persons requiring such services, including but not limited to a
facility providing health or habilitation services for individuals
with intellectual or developmental disabilities, but does not mean,
for purposes of Section 1-851.1 of this title, a facility
constructed or operated by an entity described in paragraph 7 of
subsection B of Section 6201 of Title 74 of the Oklahoma Statutes or
the nursing care component of a continuum of care facility, as such
term is defined under the Continuum of Care and Assisted Living Act,
to the extent that the facility constructed or operated by an entity
described in paragraph 7 of subsection B of Section 6201 of Title 74
of the Oklahoma Statutes contains such a nursing care component;
12. “Residential care home” means any home, establishment, or
institution licensed pursuant to the provisions of the Residential
Care Act other than a hotel, motel, fraternity or sorority house, or
college or university dormitory, which offers or provides
residential accommodations, food service, and supportive assistance
to any of its residents or houses any resident requiring supportive
assistance. The residents shall be persons who are ambulatory and
essentially capable of managing their own affairs, but who do not
routinely require nursing care; provided, the term residential care
home shall not mean a hotel, motel, fraternity or sorority house, or
college or university dormitory, if the facility operates in a
Oklahoma Statutes - Title 63. Public Health and Safety Page 669
manner customary to its description and does not house any person
who requires supportive assistance from the facility in order to
meet an adequate level of daily living;
13. “Licensee” means the person, a corporation, partnership, or
association who is the owner of the facility which is licensed by
the Department pursuant to the provisions of the Nursing Home Care
Act;
14. “Maintenance” means meals, shelter, and laundry services;
15. “Neglect” means failure to provide goods and/or services
necessary to avoid physical harm, mental anguish, or mental illness;
16. “Owner” means a person, corporation, partnership,
association, or other entity which owns a facility or leases a
facility. The person or entity that stands to profit or lose as a
result of the financial success or failure of the operation shall be
presumed to be the owner of the facility. Notwithstanding the
foregoing, any nonstate governmental entity that has acquired and
owns or leases a facility and that has entered into an agreement
with the Oklahoma Health Care Authority to participate in the
nursing facility supplemental payment program (UPL Owner) shall be
deemed the owner of such facility and shall be authorized to obtain
management services from a management services provider (UPL
Manager), and to delegate, allocate, and assign as between the UPL
Owner and UPL Manager, compensation, profits, losses, liabilities,
decision-making authority, and responsibilities, including
responsibility for the employment, direction, supervision, and
control of the facility's administrator and staff;
17. “Personal care” means assistance with meals, dressing,
movement, bathing or other personal needs or maintenance, or general
supervision of the physical and mental well-being of a person, who
is incapable of maintaining a private, independent residence, or who
is incapable of managing his or her person, whether or not a
guardian has been appointed for such person;
18. “Resident” means a person residing in a facility due to
illness, physical or mental infirmity, or advanced age;
19. “Representative of a resident” means a court-appointed
guardian or, if there is no court-appointed guardian, the parent of
a minor, a relative, or other person, designated in writing by the
resident; provided, that any owner, operator, administrator, or
employee of a facility subject to the provisions of the Nursing Home
Care Act, the Residential Care Act, or the Group Homes for Persons
with Developmental or Physical Disabilities Act shall not be
appointed guardian or limited guardian of a resident of the facility
unless the owner, operator, administrator, or employee is the spouse
of the resident, or a relative of the resident within the second
degree of consanguinity and is otherwise eligible for appointment;
and
Oklahoma Statutes - Title 63. Public Health and Safety Page 670
20. “Supportive assistance” means the service rendered to any
person which is less than the service provided by a nursing facility
but which is sufficient to enable the person to meet an adequate
level of daily living. Supportive assistance includes but is not
limited to housekeeping, assistance in the preparation of meals,
assistance in the safe storage, distribution, and administration of
medications, and assistance in personal care as is necessary for the
health and comfort of such person. Supportive assistance shall not
include medical service.
Added by Laws 1980, c. 241, § 2, eff. Oct. 1, 1980. Amended by Laws
1981, c. 182, § 1; Laws 1984, c. 128, § 2, eff. Nov. 1, 1984; Laws
1987, c. 98, § 22, emerg. eff. May 20, 1987; Laws 1989, c. 330, § 6,
eff. Nov. 1, 1989; Laws 1990, c. 51, § 126, emerg. eff. April 9,
1990; Laws 1990, c. 337, § 17; Laws 1991, c. 127, § 1, emerg. eff.
April 29, 1991; Laws 1993, c. 159, § 16, eff. July 1, 1993; Laws
1995, c. 230, § 8, eff. July 1, 1995; Laws 1996, c. 118, § 1, eff.
Nov. 1, 1996; Laws 1997, c. 292, § 10, eff. July 1, 1997; Laws 2004,
c. 436, § 10, emerg. eff. June 4, 2004; Laws 2016, c. 288, § 1, eff.
July 1, 2016; Laws 2019, c. 475, § 55, eff. Nov. 1, 2019; Laws 2024,
c. 339, § 8, eff. Nov. 1, 2024.
NOTE: Laws 1989, c. 227, § 29 repealed by Laws 1990, c. 337, § 26.
§63-1-1903. License required - Exemptions - Practice of healing
arts not authorized – Application of act to facilities not receiving
public funds.
A. No person shall establish, operate, or maintain in this
state any nursing facility without first obtaining a license as
required by the Nursing Home Care Act.
B. The Nursing Home Care Act shall not apply to residential
care homes, assisted living facilities or adult companion homes
which are operated in conjunction with a nursing facility, a home or
facility approved and annually reviewed by the United States
Department of Veterans Affairs as a medical foster home in which
care is provided exclusively to three or fewer veterans, or to
hotels, motels, boarding houses, rooming houses, or other places
that furnish board or room to their residents.
C. Each State Veterans Home nursing facility licensed pursuant
to the provisions of this section shall be regulated as an existing
nursing facility for the purposes of meeting state and federal
standards.
D. Certificate of need review shall not be required for any
addition, deletion, modification or new construction of current or
future State Veterans Home nursing facilities.
E. The Nursing Home Care Act shall not authorize any person to
engage in any manner in the practice of the healing arts or the
practice of medicine, as defined by law.
Oklahoma Statutes - Title 63. Public Health and Safety Page 671
F. The Nursing Home Care Act shall not apply to a facility
which is not charging or receiving periodic compensation for
services rendered, and not receiving any county, state, or federal
assistance.
Added by Laws 1980, c. 241, § 3, eff. Oct. 1, 1980. Amended by Laws
1984, c. 128, § 3, eff. Nov. 1, 1984; Laws 1987, c. 98, § 23, emerg.
eff. May 20, 1987; Laws 1991, c. 127, § 2, emerg. eff. April 29,
1991; Laws 1993, c. 234, § 2, eff. July 1, 1993; Laws 1993, c. 360,
§ 7, eff. July 1, 1993; Laws 2003, c. 89, § 1, emerg. eff. April 15,
2003; Laws 2012, c. 12, § 3, emerg. eff. April 5, 2012; Laws 2013,
c. 379, § 1, emerg. eff. May 29, 2013; Laws 2022, c. 83, § 7, emerg.
eff. April 25, 2022.
NOTE: Laws 1993, c. 159, § 17 repealed by Laws 1993, c. 360, § 16,
emerg. eff. June 10, 1993.
§63-1-1904. Licensure and certification - Purpose - Procedure -
Violations - Applications.
A. The State Department of Health shall establish a
comprehensive system of licensure and certification for facilities
in accordance with the Nursing Home Care Act for the purposes of:
1. Protecting the health, welfare and safety of residents;
2. Assuring the accountability for reimbursed care provided in
certified facilities participating in a federal or state health
program as provided by or through the Oklahoma Health Care
Authority; and
3. Assuring consistent application of uniform inspection
protocols.
B. The licensing and certification procedures and standards
provided in this act, or by rules of the State Board of Health,
shall be no less than provided in statute and rules currently
governing nursing facilities.
C. It shall be unlawful and upon conviction thereof, punishable
as a misdemeanor for any person to operate, manage or open a
facility unless such operation and management shall have been
approved and regularly licensed as hereinafter provided.
D. Before an initial license shall be issued pursuant to the
Nursing Home Care Act to operate and manage a facility, the
applicant shall provide the following:
1. An application on a form provided by the Department
containing, at a minimum, the following information:
a. the name and address of the applicant, if an
individual, and that the applicant is not less than
twenty-one (21) years of age, of reputable and
responsible character, and in sound physical and
mental health; and if a firm, partnership, or
association, of every member thereof; and in the case
of a corporation, the name and address thereof and of
Oklahoma Statutes - Title 63. Public Health and Safety Page 672
its officers and its registered agent and like
evidence for officers, as submitted for an individual,
b. the name and location of the facility for which a
license is sought,
c. the name and address of the person or persons under
whose management or supervision the facility will be
conducted, and a copy of the written agreement between
the manager and the applicant,
d. the name and address of any other person holding an
interest of at least five percent (5%) in the
ownership, operation or management of the facility,
e. the number and type of residents for which
maintenance, personal care, specialized or nursing
facility services are to be provided, and
f. a projected staffing pattern for providing patient
care;
2. A statement from the unit of local government having zoning
jurisdiction over the facility's location stating that the location
of the facility is not in violation of a zoning ordinance; and
3. Documentation that the administrator is the holder of a
current license as a Nursing Home Administrator issued by the
Oklahoma State Board of Examiners for Nursing Home Administrators.
E. Before issuing an initial license, the Department shall find
that the individual applicant, or the corporation, partnership or
other entity, if the applicant is not an individual, is a person
responsible and suitable to operate or to direct or participate in
the operation of a facility by virtue of financial capacity,
appropriate business or professional experience, a record of
compliance with lawful orders of the Department and lack of
revocation of a license during the previous five (5) years. In
determining the applicant's responsibility and suitability to
operate or to direct or participate in the operation of a facility,
the Department may also consider the applicant's record of
suspensions, receivership, administrative penalties, or
noncompliance with lawful orders of this Department or of other
departments of other states with similar responsibilities.
Added by Laws 1980, c. 241, § 4, eff. Oct. 1, 1980. Amended by Laws
1987, c. 98, § 25, emerg. eff. May 20, 1987; Laws 1991, c. 127, § 3,
emerg. eff. April 29, 1991; Laws 2000, c. 340, § 14, eff. July 1,
2000; Laws 2002, c. 230, § 3, eff. Nov. 1, 2002.
§63-1-1905. Application fee - Form and display of license - Renewal
- Transfer of ownership or operation of facility - Conditional
license - Liability of transferor - Unannounced inspections.
A. An application for a license, or renewal thereof, to operate
a facility shall be accompanied by a fee of Ten Dollars ($10.00) for
each bed per year included in the maximum bed capacity at such
Oklahoma Statutes - Title 63. Public Health and Safety Page 673
facility, except that any facility operated by the Oklahoma
Department of Veterans Affairs shall be exempt from the fee. All
licenses shall be on a form prescribed by the State Commissioner of
Health, which shall include, but not be limited to, the maximum bed
capacity for which it is granted and the date the license was
issued. The license shall:
1. Not be transferable or assignable;
2. Be posted in a conspicuous place on the licensed premises;
3. Be issued only for the premises named in the application;
and
4. Expire three (3) years from the date of issuance, provided
an initial license shall expire one hundred eighty (180) days after
the date of issuance. Licenses may be issued for a period of more
than twelve (12) months, but not more than thirty-six (36) months,
for the license period immediately following the effective date of
this provision in order to permit an equitable distribution of
license expiration dates.
B. The fee for a license amendment to reflect an increase in
bed capacity shall be prorated based on the number of days remaining
in the licensure period and the change in the number of beds, except
that any facility operated by the Oklahoma Department of Veterans
Affairs shall be exempt from the fee.
C. The issuance or renewal of a license after notice of a
violation has been sent shall not constitute a waiver by the State
Department of Health of its power to rely on the violation as the
basis for subsequent license revocation or other enforcement action
under this act arising out of the notice of violation.
D. 1. When transfer of ownership or operation of a facility is
proposed, the transferee shall notify the Department of the transfer
and apply for a new license at least thirty (30) days prior to final
transfer.
2. The transferor shall remain responsible for the operation of
the facility until such time as a license is issued to the
transferee.
3. The license granted to the transferee shall be subject to
the plan of correction submitted by the previous owner and approved
by the Department and any conditions contained in a conditional
license issued to the previous owner. If there are outstanding
violations and no approved plan of correction has been implemented,
the Department may issue a conditional license and plan of
correction as provided in this act.
4. The transferor shall remain liable for all penalties
assessed against the facility which are imposed for violations
occurring prior to transfer of ownership.
E. Nursing and specialized facilities, as defined and licensed
pursuant to the Nursing Home Care Act shall be surveyed through an
Oklahoma Statutes - Title 63. Public Health and Safety Page 674
unannounced inspection at least once every fifteen (15) months, with
a statewide average survey cycle of twelve (12) months.
Added by Laws 1980, c. 241, § 5, eff. Oct. 1, 1980. Amended by Laws
1991, c. 127, § 4, emerg. eff. April 29, 1991; Laws 1993, c. 269, §
12, eff. Sept. 1, 1993; Laws 1995, c. 230, § 9, eff. July 1, 1995;
Laws 2011, c. 105, § 36, eff. Nov. 1, 2011; Laws 2013, c. 183, § 3,
emerg. eff. April 29, 2013; Laws 2016, c. 288, § 2, eff. Nov. 1,
2016.
§63-1-1906. Issuance and renewal of licenses - Initial license -
Denial of application - Notice of denial - Suspension or revocation
- Administrative penalties - Effective date of nonrenewal or
revocation - Application following revocation.
A. The State Commissioner of Health shall issue and renew
licenses for the operation of facilities which are found to comply
with the provisions of the Nursing Home Care Act, and standards and
rules of the State Board of Health.
B. For any new facility or for any facility that has undergone
a transfer of ownership or operation the State Department of Health
shall issue only an initial license. An initial license shall be
valid for one hundred eighty (180) days unless sooner suspended or
revoked under this act. Prior to the termination of an initial
license, the Department shall fully and completely inspect the
facility and, if the facility meets the applicable requirements for
licensure, shall issue a license under this act. If the Department
finds that the facility does not meet the requirements for licensure
but has made substantial progress toward meeting those requirements,
the initial license may be extended once for a period not to exceed
one hundred twenty (120) days from the expiration date of the
initial license.
C. An application for a license may be denied for any of the
following reasons:
1. Failure to meet any of the minimum standards set forth by
this act or by rules promulgated by the Board under this act;
2. Conviction of the applicant, or of any member of an
applicant that is a firm, partnership or association or, if a
corporation, the conviction of the corporation or any of its
officers or a majority stockholder, or of a person designated to
manage or supervise a facility, of a felony, meaning a crime that
would have a bearing on the operation of a nursing home, the
conviction to be shown by a certified copy of the record of the
court of conviction, if the Department determines, after
investigation, that such applicant has not been sufficiently
rehabilitated to warrant the public trust, or other satisfactory
evidence that the moral character of the applicant, or
administrator, or manager, or supervisor of the facility is not
reputable;
Oklahoma Statutes - Title 63. Public Health and Safety Page 675
3. Personnel insufficient in number or unqualified by training
or experience properly to care for the proposed number and type of
residents to be determined by standards set by the Department with
the standards not being less than those set by federal statute; or
4. Insufficient financial or other resources that would render
a facility incapable of providing adequate patient care.
D. Immediately upon the denial of any application or
reapplication for a license under this act, the Department shall
notify the applicant in writing. Notice of denial shall include a
clear and concise statement of the violations on which denial is
based and notice of the opportunity for a hearing. If the applicant
desires to contest the denial of a license, it shall provide written
notice to the Department of a request for a hearing within ten (10)
days after receipt of the notice of denial and the Department shall
commence the hearing.
E. The Commissioner may suspend or revoke a license on any of
the following grounds:
1. Violation of any of the provisions of this act or the rules,
regulations and standards issued pursuant thereto;
2. Permitting, aiding or abetting the commission of any illegal
act in a licensed facility;
3. Conduct of practices deemed by the Commissioner to be
detrimental to the welfare of the patients or residents of a
facility;
4. Insufficient financial or other resources that would render
a facility incapable of providing adequate patient care; or
5. The facility has closed.
F. 1. The Department, after notice to the applicant or
licensee, may suspend, revoke, refuse to renew a license or assess
administrative penalties in any case in which the Department finds
that there has been a substantial failure to comply with this act or
the rules promulgated by the Board under this act;
2. Notice under this section shall include a clear and concise
statement of the violations on which the nonrenewal, revocation or
administrative penalty is based, the statute or rule violated and
notice of the opportunity for a hearing;
3. If a facility desires to contest the nonrenewal or
revocation of a license or the assessment of administrative
penalties, the facility shall, within ten (10) days after receipt of
notice under paragraph 2 of this section, notify the Commissioner in
writing of its request for a hearing. Upon receipt of the request
the Commissioner shall send notice to the facility and hold a
hearing;
4. The effective date of nonrenewal or revocation of a license
by the Commissioner shall be any of the following:
a. until otherwise ordered by the district court,
revocation is effective on the date set by the
Oklahoma Statutes - Title 63. Public Health and Safety Page 676
Commissioner in the notice of revocation, or upon
final action after hearing, whichever is later,
b. until otherwise ordered by the district court,
nonrenewal is effective on the date of expiration of
any existing license, or upon final action after
hearing, whichever is later, or
c. the Department may extend the effective date of
license revocation or expiration in any case in order
to permit orderly removal and relocation of residents.
G. A new application, following revocation, shall be considered
by the Commissioner on receipt of evidence that the conditions upon
which revocation was based have been corrected; and a new license
may then be granted after proper inspection has been made and all
provisions of this act have been complied with, and the rules,
regulations and standards of the Board have been satisfied.
H. The Department may suspend, for a period not to exceed three
(3) years, the license of a facility that has temporarily closed or
ceased operations for remodeling, renovation, replacement or
relocation, or that has closed or ceased operations pending a change
of ownership, operator or management.
1. The facility shall provide periodic reports to the
Department not less than once every six (6) months demonstrating the
facility’s progress towards reopening.
2. The Department may extend the period of suspension upon a
demonstration of extenuating or unusual circumstances, a clear
showing of good faith efforts to proceed towards the reopening of
the facility, and a determination by the Department that a
continuation of the period of suspension poses no harm to the
public.
3. Whenever, after receipt of a six-month report, the
Department determines that there has been no progress towards
reopening the facility, no demonstration of extenuating or unusual
circumstances or clear showing of good faith efforts to proceed
towards the reopening of the facility, the Department may initiate a
proceeding to revoke the license of the facility.
4. At or before the conclusion of the suspension period, the
facility shall meet applicable requirements for licensure and shall
reopen, or the license shall expire.
5. Any closed facility that has a suspended license on the
effective date of this act may be issued a suspended license for a
period not to exceed three (3) years from the effective date of this
act.
Added by Laws 1980, c. 241, § 6, eff. Oct. 1, 1980. Amended by Laws
1987, c. 98, § 26, emerg. eff. May 20, 1987; Laws 1991, c. 127, § 5,
emerg. eff. April 29, 1991; Laws 2002, c. 230, § 4, eff. Nov. 1,
2002.
Oklahoma Statutes - Title 63. Public Health and Safety Page 677
§63-1-1907. Repealed by Laws 1991, c. 127, § 13, emerg. eff. April
29, 1991.
§63-1-1908. Fire safety standards - Vendor payments.
A. No facility shall be licensed to operate or continue to
operate unless, in addition to compliance with other current
licensure requirements, the building is of one-hour fire resistant
construction and approved by the Department and the State Fire
Marshal. If the building is not of one-hour fire resistant
construction in addition to the other current licensure
requirements, the facility must be approved by the State Department
of Health and the State Fire Marshal. In addition, the facility
must have an approved automatic sprinkler system, as rated and
approved by the National Fire Protection Association Standards.
B. Each facility that proposes an increase in beds, whether
through new construction or modification, shall submit construction
plans to the Department for review prior to the start of
construction. The Department may assess a fee for such review in an
amount not more than two one-hundredths percent (0.02%) or One
Thousand Dollars ($1,000.00), whichever is the least amount, per
project of the total construction cost of the facility or
modification. The maximum fee for plan review for a ten-bed or ten
percent (10%) expansion project authorized under subsection C of
Section 1-852 of this title shall be One Thousand Dollars
($1,000.00). The State Board of Health shall promulgate rules for
submission and resubmission of construction plans to ensure the
timely review of such plans by the Department.
C. The Department of Human Services and the Oklahoma Health
Care Authority shall not make a vendor payment to any individual or
facility on behalf of any person for medical care rendered in the
form of nursing service outside such person's home, unless such
individual or facility holds a current nursing facility, continuum
of care facility, assisted living, or adult day care license issued
by the Commissioner or other state agency authorized to issue such
license.
Added by Laws 1980, c. 241, § 8, eff. Oct. 1, 1980. Amended by Laws
1997, c. 223, § 8, emerg. eff. May 20, 1997; Laws 2004, c. 436, §
11, emerg. eff. June 4, 2004.
§63-1-1908.1. Funding source for temporary managers, state monitors
or receivers – Nursing Facility Administrative Penalties Fund.
A. The Oklahoma Health Care Authority shall amend the state
Medicaid plan to provide a funding source for payment of temporary
managers, state monitors or receivers in facilities certified to
provide long-term care services under Medicaid, upon request of the
State Department of Health, pursuant to 42 U.S.C.A., Section
1396r(h)(z).
Oklahoma Statutes - Title 63. Public Health and Safety Page 678
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
“Nursing Facility Administrative Penalties Fund”. The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the State Department of Health
from administrative penalties imposed under the Nursing Home Care
Act. Monies collected as a result of administrative penalties
imposed under the Nursing Home Care Act shall be deposited into the
fund. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department for
the protection of health or property of residents of nursing and
specialized nursing facilities that have been placed under temporary
managers, state monitors or receivers requested by the Department,
including, but not limited to, the following purposes:
1. Relocation expenses incurred by the Department, in the event
of closure of a facility;
2. Maintenance of facility operation pending correction of
deficiencies or closure, such as temporary management, state monitor
or receivership, in the event that the revenues of the facility are
insufficient; or
3. The costs associated with informational meetings held by the
Department with residents, family members, and interested parties in
an affected community where the Department proceeds with appointment
of a temporary manager, state monitor or receivership petition.
Added by Laws 1995, c. 230, § 10, eff. July 1, 1995. Amended by
Laws 2002, c. 230, § 5, eff. Nov. 1, 2002.
§63-1-1909. Documents and papers required to be displayed.
Every long-term care facility as defined by Section 3 of this
act shall conspicuously post for display in an area of its offices
accessible to residents, employees and visitors the following:
1. Its current license;
2. A description, provided by the State Department of Health,
of complaint procedures established under this act and the name,
address and telephone number of a person authorized by the
Department to receive complaints. A copy of the complaint procedure
shall also be given to each resident or in certain cases, the court
appointed guardian;
3. A copy of any order pertaining to the facility issued by the
Department or a court which is currently in effect;
4. A copy of any notification from the local law enforcement
authority of the registration of any person residing in the facility
who is required to register pursuant to the provisions of the Sex
Offenders Registration Act or the Mary Rippy Violent Crime Offenders
Registration Act; and
5. A list of the material available for public inspection under
Section 1-1910 of this title.
Oklahoma Statutes - Title 63. Public Health and Safety Page 679
Added by Laws 1980, c. 241, § 9, eff. Oct. 1, 1980. Amended by Laws
2005, c. 465, § 1, emerg. eff. June 9, 2005.
§63-1-1910. Records required to be retained for public inspection.
A facility shall retain the following for public inspection:
1. A complete copy of every inspection report of the facility
received from the Department during the past three (3) years;
2. A copy of every order pertaining to the facility issued by
the Department or a court during the past three (3) years;
3. A description of the services provided by the facility and
the rates charged for those services and items for which a resident
may be separately charged;
4. A copy of the statement of ownership;
5. A record of personnel who are licensed, certified or
registered and employed or retained by the facility who are
responsible for patient care; and
6. A complete copy of the most recent inspection report of the
facility received from the Department.
Laws 1980, c. 241, § 10, eff. Oct. 1, 1980.
§63-1-1911. Inspections - Meetings - Reports - Departmental files.
A. 1. Every building, institution, or establishment for which
a license has been issued, including any facility operated by the
Oklahoma Department of Veterans Affairs, shall be periodically
inspected by a duly appointed representative of the State Department
of Health, pursuant to rules promulgated by the State Commissioner
of Health with the advice and counsel of the Long-Term Care Facility
Advisory Board, created in Section 1-1923 of this title.
2. Inspection reports shall be prepared on forms prescribed by
the Commissioner with the advice and counsel of the Advisory Board.
B. 1. The Department, whenever it deems necessary, shall
inspect, survey, and evaluate every facility, including any facility
operated by the Oklahoma Department of Veterans Affairs, to
determine compliance with applicable licensure and certification
requirements and standards. All inspections of facilities shall be
unannounced. The Department may have as many unannounced
inspections as it deems necessary.
2. The Department shall conduct at least one unannounced
inspection per calendar year of all nursing facilities operated by
the Oklahoma Department of Veterans Affairs.
3. Any employee of the State Department of Health who discloses
to any unauthorized person, prior to an inspection, information
regarding an unannounced nursing home inspection required pursuant
to the provisions of this section shall, upon conviction thereof, be
guilty of a misdemeanor. In addition, such action shall be
construed to be a misuse of office and punishable as a violation of
rules promulgated by the Ethics Commission.
Oklahoma Statutes - Title 63. Public Health and Safety Page 680
4. a. The Department may periodically visit a facility for
the purpose of consultation and may notify the
facility in advance of such a visit. An inspection,
survey, or evaluation, other than an inspection of
financial records or a consultation visit, shall be
conducted without prior notice to the facility.
b. One person shall be invited by the Department to act
as a citizen observer in unannounced inspections. The
individual may be a representative of a statewide
organization of the elderly or a representative of the
Office of the State Long-Term Care Ombudsman.
c. The citizen observer shall be reimbursed for expenses
in accordance with the provisions of the State Travel
Reimbursement Act.
d. An employee of a state or unit of a local government
agency, charged with inspecting, surveying, and
evaluating facilities, who aids, abets, assists,
conceals, or conspires with a facility administrator
or employee in violation of the provisions of the
Nursing Home Care Act shall be guilty, upon conviction
thereof, of a misdemeanor and shall be subject to
dismissal from employment.
C. The Department shall hold open meetings, as part of its
routine licensure survey, in each of the licensed facilities to
advise and to facilitate communication and cooperation between
facility personnel and the residents of facilities in their mutual
efforts to improve patient care. Administrators, employees of the
facility, residents, residents' relatives, friends, residents'
representatives, and employees from appropriate state and federal
agencies shall be encouraged to attend these meetings to contribute
to this process.
D. 1. The Department shall require periodic reports and shall
have access to books, records, and other documents maintained by the
facility to the extent necessary to implement the provisions of the
Nursing Home Care Act and the rules promulgated pursuant thereto.
2. Any holder of a license or applicant for a license shall be
deemed to have given consent to any authorized officer, employee, or
agent of the Department to enter and inspect the facility in
accordance with the provisions of the Nursing Home Care Act.
Refusal to permit such entry or inspection, except for good cause,
shall constitute grounds for remedial action or administrative
penalty or both such action and penalty as provided in the Nursing
Home Care Act.
E. The Department shall maintain a file on each facility in the
state. All conditions and practices not in compliance with
applicable standards shall be specifically stated. If a violation
is corrected or is subject to an approved plan of correction, such
Oklahoma Statutes - Title 63. Public Health and Safety Page 681
action shall be contained in the file. Upon receiving a written
request for a copy of the file documents, the Department shall send
a copy of the document to any person making the written request.
The Department may charge a reasonable fee for copying costs.
Added by Laws 1980, c. 241, § 11, eff. Oct. 1, 1980. Amended by
Laws 1984, c. 39, § 1, operative July 1, 1984; Laws 1987, c. 98, §
24, emerg. eff. May 20, 1987; Laws 1991, c. 127, § 6, emerg. eff.
April 29, 1991; Laws 1995, c. 230, § 11, eff. July 1, 1995; Laws
2000, c. 340, § 15, eff. July 1, 2000; Laws 2013, c. 379, § 2,
emerg. eff. May 29, 2013; Laws 2024, c. 339, § 9, eff. Nov. 1, 2024.
§63-1-1912. Notice of violation and right to hearing – Emergency
orders - Appeal.
A. The State Department of Health shall promptly serve a notice
of violation upon a licensee whenever, upon inspection or
investigation, the Department determines that:
1. The facility is in violation of the Nursing Home Care Act,
any rule promulgated thereunder, or applicable federal certification
criteria; or
2. The financial condition of the facility poses an immediate
risk to the proper operation of the facility or to the health,
safety or welfare of the residents of the facility.
B. Each notice of violation shall be prepared in writing and
shall specify the nature of the violation, and the statutory
provision, rule or standard alleged to have been violated. The
notice of violation shall inform the licensee of its obligation to
file a plan of correction within ten (10) working days of receipt of
the notice of violation. In the case of a specialized facility for
individuals with intellectual disabilities, the Department shall
offer the licensee an informal opportunity comparable to the process
offered to Medicaid-certified nursing facilities pursuant to 42 CFR
488.331, in order to dispute the alleged violations.
C. The Department shall notify the licensee of its intent to
take any remedial action, impose administrative penalties, place a
monitor or temporary manager in the facility, issue a conditional
license, or suspend or revoke a license. The Department shall also
inform the licensee of the right to an informal dispute resolution,
hearing, or both.
D. Whenever the Department finds that an emergency exists
requiring immediate action to protect the health, safety or welfare
of any resident of a facility licensed pursuant to the provisions of
the Nursing Home Care Act, the Department may, without notice of
hearing, issue an order stating the existence of such an emergency
and requiring that action be taken as deemed necessary by the
Department to meet the emergency. The order shall be effective
immediately. Any person to whom such an order is directed shall
comply with such order immediately but, upon application to the
Oklahoma Statutes - Title 63. Public Health and Safety Page 682
Department, shall be afforded a hearing within ten (10) business
days of receipt of the application. On the basis of such hearing,
the Department may continue the order in effect, revoke it, or
modify it. Any person aggrieved by such order continued after the
hearing provided in this subsection may appeal to the district court
in Oklahoma County within thirty (30) days. Such appeal when
docketed shall have priority over all cases pending on the docket,
except criminal cases. For purposes of this subsection, the State
Board of Health shall define by rule the term "emergency" to
include, but not be limited to, a life-endangering situation.
E. Within thirty (30) days of receipt of a plan of correction
by the State Department of Health from any facility operated by the
Oklahoma Department of Veterans Affairs, the State Department of
Health shall submit the results of the inspection, including a list
of deficiencies in the condition or operation of the facility and
recommendations for corrective measures in the form of a written
report to the person immediately responsible for the administration
of the facility inspected, to the Oklahoma Department of Veterans
Affairs, to the Governor, to the Speaker of the House of
Representatives, and to the President Pro Tempore of the Senate.
F. At the conclusion of an inspection, survey, or
investigation, the survey team's observations and preliminary
findings shall be discussed in an exit conference with the facility
personnel. During the exit conference, the facility shall be
provided with the opportunity to discuss and supply additional
information that they believe is pertinent to the preliminary
findings. The following shall be provided to the facility:
1. A written list containing preliminary areas of potential
noncompliance with state requirements based on findings during the
survey, inspection or investigation. The information provided
should be adequate to notify staff of surveyor concerns regarding
preliminary findings that indicate actual harm or substandard
quality of care; and
2. Any additional noncompliance with state requirements
determined during the review of field notes or in preparation of the
final survey report will be communicated to the facility personnel
by email or phone before issuing the final survey report.
Added by Laws 1980, c. 241, § 12, eff. Oct. 1, 1980. Amended by
Laws 1991, c. 127, § 7, emerg. eff. April 29, 1991; Laws 1995, c.
230, § 12, eff. July 1, 1995; Laws 2002, c. 230, § 6, eff. Nov. 1,
2002; Laws 2005, c. 460, § 1, eff. Nov. 1, 2005; Laws 2013, c. 379,
§ 3, emerg. eff. May 29, 2013; Laws 2014, c. 251, § 1, eff. Nov. 1,
2014; Laws 2019, c. 475, § 56, eff. Nov. 1, 2019.
§63-1-1913. Repealed by Laws 1991, c. 127, § 13, emerg. eff. April
29, 1991.
Oklahoma Statutes - Title 63. Public Health and Safety Page 683
§63-1-1914. Plan of correction of violations to be submitted -
Report of correction - Petition for time extension - Contest of
department action.
A. A facility shall have ten (10) working days after receipt of
notice of violation in which to prepare and submit a plan of
correction. The plan of correction shall include a fixed time
period, not to exceed sixty (60) days within which the violations
are to be corrected. The Department may extend this period where
correction involves substantial structural improvement. If the
Department rejects a plan of correction, it shall send notice of the
rejection and the reason for the rejection to the facility. The
facility shall have ten (10) working days after receipt of the
notice of rejection in which to submit a modified plan. If the
modified plan is not timely submitted, or if the modified plan is
rejected, the Department shall impose a plan of correction which the
facility shall follow.
B. If the violation has been corrected prior to submission and
approval of a plan of correction, the facility may submit a report
of correction in place of a plan of correction.
C. Upon a licensee's written request, the Department shall
determine whether to grant a licensee's request for an extended
correction time. Such request shall be served on the Department
prior to expiration of the correction time originally approved. The
burden of proof shall be on the licensee to show good cause for not
being able to comply with the original correction time approved.
D. If a facility desires to contest any Department action under
this section, it shall send a written request for an informal
dispute resolution, hearing or both to the Department within ten
(10) working days of receipt of notice of the contested action and
the Department shall commence the informal dispute resolution or
hearing.
Added by Laws 1980, c. 241, § 14, eff. Oct. 1, 1980. Amended by
Laws 1995, c. 230, § 13, eff. July 1, 1995; Laws 2005, c. 460, § 2,
eff. Nov. 1, 2005.
§63-1-1914.1. Remedies for violations - Considerations in
determining appropriate remedy.
A. For violations of the Nursing Home Care Act, the rules
promulgated thereto, or Medicare/Medicaid certification regulations:
1. The State Department of Health shall seek remedial action
against a licensee, owner or operator of a facility and may, after
notice and opportunity for a hearing, impose the remedy most likely
to:
a. gain and ensure continued compliance with the Nursing
Home Care Act, the rules promulgated thereto, or
federal certification standards or both rules and
standards, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 684
b. provide for the financial operation of the facility
that ensures the health, safety and welfare of the
residents;
2. In the alternative or in addition to any remedial action,
the State Commissioner of Health may direct the Oklahoma Health Care
Authority to withhold vendor payments due to a facility under its
programs until such time as the corrections are made;
3. The Department may deny, refuse to renew, suspend or revoke
a license, ban future admissions to a facility, assess
administrative penalties, or issue a conditional license; and
4. a. Pursuant to an investigation or inspection that
reveals a willful violation of rules pertaining to
minimum direct-care staffing requirements, the
Commissioner shall notify the Oklahoma Health Care
Authority and the Authority shall withhold as a
penalty a minimum of twenty percent (20%) of the
vendor payments due the facility under its programs
for each day such violation continues.
b. The Commissioner shall impose an equivalent penalty
amount under licensure standards for a facility that
does not receive vendor payments under its program
that is in willful violation of rules pertaining to
minimum direct-care staffing requirements.
B. Whenever the Department takes remedial action against a
facility because the financial condition of the facility has
endangered or is at risk of endangering the proper operation of the
facility or the health, safety or welfare of the residents of the
facility, the Department shall also review the conditions of all
other facilities in this state owned or operated by a person with a
controlling interest as defined Section 1-851.1 of this title, and
may take remedial action against the facilities as necessary or
appropriate.
C. Remedial action as provided in subsection A or B of this
section shall be based on current and past noncompliance or
incomplete or partial compliance; repeated violations; or failure to
substantially comply with the Nursing Home Care Act and rules
promulgated thereto. In determining the most appropriate remedy,
the Department shall consider at least the following:
1. The nature, circumstances and gravity of the violations;
2. The repetitive nature of the violations at the facility or
others operated by the same or related entities;
3. The previous degree of difficulty in obtaining compliance
with the rules at the facility or others operated by the same or
related entities; and
4. A clear demonstration of good faith in attempting to achieve
and maintain continuing compliance with the provisions of the
Nursing Home Care Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 685
Added by Laws 1995, c. 230, § 14, eff. July 1, 1995. Amended by
Laws 2000, c. 340, § 16, eff. July 1, 2000; Laws 2002, c. 230, § 7,
eff. Nov. 1, 2002; Laws 2005, c. 460, § 3, eff. Nov. 1, 2005.
§63-1-1914.2. Temporary managers.
A. The State Commissioner of Health may place a qualified
person in a facility as a temporary manager to assume operating
control of the facility and to ensure that the health and safety of
the residents of the facility are protected when any of the
following conditions exist:
1. The conditions at the facility pose immediate jeopardy to
the health and safety of the residents of the facility;
2. The facility is operating without a license;
3. The State Department of Health has suspended, revoked or
refused to renew the existing license of the facility;
4. The financial condition of the facility poses an immediate
risk to the proper operation of the facility or to the health,
safety or welfare of the residents of the facility;
5. The facility has closed or has informed the Department that
it intends to close and adequate arrangements for the relocation of
residents have not been made at least thirty (30) days prior to
closure; or
6. The Department has terminated certification status under
Medicare/Medicaid.
B. The Department shall notify the owner or operator of the
action taken, the reason or reasons why such action was taken, and
the right of the owner or operator to have a hearing on the matter.
C. Any owner or operator subject to placement of a temporary
manager may appeal such action by filing a petition for hearing with
the district court within five (5) days of the appointment of a
temporary manager. The court shall conduct the hearing within ten
(10) days of the filing of such petition. On the basis of the
hearing, the court may continue the order in effect, revoke it or
modify it. The petition for hearing, when docketed, shall have
priority over all cases pending on the docket except criminal cases.
D. All funds due or available to the facility from any source,
to include funds held by a predecessor temporary manager of the
facility, during the pendency of the temporary management shall be
made available to the temporary manager who shall use the funds to
ensure the health and safety of the residents of the facility.
Unless prior written approval has been obtained from the
Commissioner for such expenditure, any use of funds for a purpose
other than to ensure the health and safety of the residents of the
facility shall constitute a breach of the temporary manager’s
fiduciary duty and a violation of the Nursing Home Care Act.
E. The Commissioner shall establish qualifications for persons
to be appointed as temporary managers and shall maintain a list of
Oklahoma Statutes - Title 63. Public Health and Safety Page 686
all such qualified persons. The Commissioner may appoint any person
from the list to serve as a temporary manager, provided that the
Commissioner shall not appoint any owner or affiliate of the
facility as its temporary manager.
F. The temporary manager shall make provisions for the
continued protection of the health and safety of all residents of
the facility. The temporary manager appointed pursuant to the
Nursing Home Care Act shall exercise those powers and shall perform
those duties set out by the Commissioner in writing. The
Commissioner shall provide for the temporary manager to have
sufficient power and duties to ensure that the residents of the
facility receive adequate care.
G. If funds are insufficient to meet the expenses of performing
the powers and duties conferred on the temporary manager, the
temporary manager may borrow the funds or contract for indebtedness
as necessary; provided, any such indebtedness shall not be construed
to be a debt of the state or made on behalf of the state. The State
of Oklahoma is not liable, directly or indirectly, for any liability
incurred by any temporary manager in the performance of the
manager’s official duties pursuant to law. The State Board of
Health shall, by rule, establish a fund, to be drawn out of the
discretionary funds of the Department, to assist temporary managers
in the continuation of care of the residents of a facility where, in
the judgment of the Commissioner, funds are not available from other
sources; provided, any such advances by the Department shall be
repaid by the temporary manager at the time the final account is
rendered. If such advances are not repaid in full, any amount not
repaid shall constitute a lien against any and all assets of any
owner and shall also constitute a lien as provided in paragraph 4 of
subsection L of this section.
H. The Commissioner shall set the compensation of the temporary
manager, who shall be paid by the facility.
I. A temporary manager may be held liable in a personal
capacity only for the manager’s gross negligence, intentional acts
or breaches of fiduciary duty. The Commissioner may require a
temporary manager to post a bond.
J. The Department shall issue a conditional license to a
facility in which a temporary manager is placed. The duration of a
license issued under this section is limited to the duration of the
temporary managership.
K. The Commissioner shall require that the temporary manager
report to the Department on a regular basis as to the progress of
the facility in reaching substantial compliance with the Nursing
Home Care Act and the rules promulgated thereto, and the
establishment of mechanisms which will ensure the continued
compliance of the facility.
Oklahoma Statutes - Title 63. Public Health and Safety Page 687
L. 1. The Commissioner may release the temporary manager
under any of the following circumstances:
a. the Commissioner determines that the facility is and
will continue to be in substantial compliance with the
Nursing Home Care Act and rules promulgated thereto,
b. a receiver or bankruptcy trustee is appointed,
c. the Commissioner appoints a new temporary manager,
d. a new owner, operator, or manager is licensed,
e. the Department, the temporary manager, or the receiver
closes the facility through an orderly transfer of the
residents, or
f. an administrative hearing or court order ends the
temporary manager appointment.
2. a. Within thirty (30) days after release, the temporary
manager shall render to the Department a complete
accounting of all property of which the temporary
manager has taken possession, of all funds collected,
and of the expenses of the temporary managership, to
include, if requested by the Department, copies of all
documents supporting the reasonableness and necessity
of such expenditures.
b. The rendition of such accounting may be extended only
by order of the Commissioner for cause and shall in no
event be extended more than one hundred twenty (120)
days after release of the temporary manager.
c. Failure to timely render a complete final accounting
in accordance with generally accepted accounting
practices shall constitute a breach of the temporary
manager’s fiduciary duties.
d. Upon a temporary manager’s default in the timely
rendition of a complete final accounting, the
Commissioner shall enter an order that the temporary
manager is personally liable for all amounts or monies
collected for which a final accounting is not made.
Such order for disgorgement or remittance directed to
a temporary manager may be filed as a judgment in any
district court in the State of Oklahoma, and shall not
be dischargeable in bankruptcy or other insolvency
proceeding.
3. After a complete accounting, and payment of reasonable
expenses incurred as a result of the temporary managership, the
Commissioner shall order payment of the surplus to the owner. If
funds are insufficient to pay reasonable expenses incurred as a
result of the temporary managership, the owner shall be liable for
the deficiency. Any funds recovered from the owner shall be used to
reimburse any unpaid expenses due and owing as a result of the
temporary managership.
Oklahoma Statutes - Title 63. Public Health and Safety Page 688
4. In order to protect the health, welfare and safety of the
residents of any nursing facility for which a temporary manager has
been appointed, the Department is authorized to provide the monies
from any funds appropriated or otherwise made available to the
Department to protect the residents of the nursing facility. The
Department shall have a lien for any payment made pursuant to this
section upon any beneficial interest, direct or indirect, of any
owner in the following property:
a. the building in which the facility is located,
b. any fixtures, equipment or goods used in the operation
of the facility,
c. the land on which the facility is located, or
d. the proceeds from any conveyance of property described
in subparagraphs a, b, or c of this paragraph made by
the owner prior to the order placing the temporary
manager.
M. Nothing in the Nursing Home Care Act shall be deemed to
relieve any owner, administrator or employee of a facility in which
a temporary manager is placed of any civil or criminal liability
incurred, or any duty imposed by law, by reason of acts or omissions
of the owner, administrator or employee prior to the appointment of
a temporary manager; provided, nothing contained in the Nursing Home
Care Act shall be construed to suspend during the temporary
managership any obligation of the owner, administrator or employee
for payment of taxes or other operating and maintenance expenses of
the facility or of the owner, administrator, employee or any other
person for the payment of mortgages or liens.
N. The Commissioner may institute any legal proceeding to
recover any monies or other thing of value determined to have been
expended unnecessarily or in an excessive amount necessary for the
maintenance of the health and safety of the residents of a facility,
or that was expended in violation of the temporary manager’s
fiduciary duties, or which expenditure was otherwise unlawful under
state or federal law. Such legal proceeding for wrongful
expenditure of these funds may be brought against the temporary
manager and against any other person or entity who receives such
wrongful expenditure and who was not a bona fide vendor in good
faith to the temporary manager, or who was not otherwise a bona fide
recipient of such funds in good faith. Costs for such an action by
the Department for funds wrongfully expended shall be awarded if the
Department prevails, and shall include all court costs, interest at
the statutory rate from and after the date of the wrongful
expenditure, and a reasonable attorney fee. The temporary manager
and the bad faith vendor/recipient shall be jointly and severally
liable for all funds wrongfully expended and for all related
litigation costs.
Oklahoma Statutes - Title 63. Public Health and Safety Page 689
Added by Laws 1995, c. 230, § 15, eff. July 1, 1995. Amended by
Laws 2002, c. 230, § 8, eff. Nov. 1, 2002; Laws 2005, c. 202, § 1.
§63-1-1914.3. Informal dispute resolution meeting.
A. An informal dispute resolution meeting may be conducted by
the State Department of Health.
B. The State Department of Health shall assign all informal
dispute resolutions to the unit or section charged with performing
survey or inspection activity.
Added by Laws 2005, c. 460, § 4, eff. Nov. 1, 2005.
§63-1-1914.4. Definitions.
For purposes of this act:
1. "Deficiency" means a violation or alleged violation by a
facility of applicable state or federal laws, rules, or regulations
governing the operation or licensure of a facility;
2. "Deficiency identification number" means an alphanumeric
designation of a deficiency by the State Department of Health that
denotes the applicable state or federal rule, regulation, or law
allegedly violated and that is used on the statement of
deficiencies;
3. "Impartial decision maker" means an individual employed by
or under contract with the State Department of Health to conduct an
informal dispute resolution for the agency;
4. "Informal dispute resolution" means a nonjudicial process or
forum before an impartial decision maker that provides a facility
cited for deficiency with the opportunity to dispute a citation for
deficiency;
5. "Party" means a facility requesting an informal dispute
resolution, the State Department of Health, or both;
6. "State survey agency" means the State Department of Health,
the federally designated state entity that performs Medicaid and
Medicare surveys and inspections of Oklahoma facilities; and
7. "Statement of deficiencies" means a statement prepared by
the State Department of Health citing the applicable state or
federal laws, rules, or regulations violated by a facility and the
facts supporting the citation.
Added by Laws 2005, c. 460, § 5, eff. Nov. 1, 2005.
§63-1-1914.5. Written request for informal dispute resolution.
A. A facility that wishes to challenge a deficiency through the
informal dispute resolution process shall make a written request to
the State Department of Health within ten (10) calendar days of the
receipt of the statement of deficiencies from the State Department
of Health.
B. The written request for an informal dispute resolution shall
include:
Oklahoma Statutes - Title 63. Public Health and Safety Page 690
1. A list of all deficiencies that the facility wishes to
challenge; and
2. A statement indicating whether the facility wants the
informal dispute resolution to be conducted by telephone conference
call, by record review of the impartial decision maker, or by a
meeting in which the facility and the State Department of Health
appear before the impartial decision maker.
C. A request for an informal dispute resolution shall not:
1. Stay any action for enforcement or imposition of remedies;
2. Affect or preclude the right of a facility to judicial or
administrative appeal; or
3. Duplicate any procedures already held under the federal
requirements for informal dispute resolution.
Added by Laws 2005, c. 460, § 6, eff. Nov. 1, 2005.
§63-1-1914.6. Informal dispute resolution - Impartial decision
maker.
A. Upon receipt of a request for an informal dispute resolution
from a facility, the State Department of Health shall assign the
matter to an impartial decision maker.
B. The impartial decision maker shall:
1. Schedule a time and date for a meeting; and
2. Inform the parties of the time and date of the informal
dispute resolution.
C. If the request for an informal dispute resolution includes a
request by the facility for a meeting at which the facility may
appear before the impartial decision maker, the impartial decision
maker shall:
1. Arrange for facilities appropriate for conducting the
meeting; and
2. Inform the parties of the location of the meeting.
D. Each party shall submit to the impartial decision maker all
documentary evidence that the party believes has a bearing on or
relevance to the deficiencies in dispute by the date specified by
the impartial decision maker.
E. 1. If the request for an informal dispute resolution does
not include a request by the facility for a meeting at which the
facility may appear before the impartial decision maker, or upon
agreement of the facility and the Department, the impartial decision
maker may conduct the meeting by telephone conference call or by a
review of documentary evidence submitted by the parties.
2. a. If the informal dispute resolution is conducted by
record review, the impartial decision maker may
request, and the facility shall provide, a written
statement setting forth the facility’s position on
accepting, rejecting, or modifying each deficiency in
dispute.
Oklahoma Statutes - Title 63. Public Health and Safety Page 691
b. The written statement shall specify the documentary
evidence that supports the position of the facility
for each deficiency in dispute.
c. The facility shall provide its written statement to
the impartial decision maker and the Department.
d. The Department shall then provide its written
statement in rebuttal to the impartial decision maker
and the facility.
Added by Laws 2005, c. 460, § 7, eff. Nov. 1, 2005.
§63-1-1914.7. Employment status of impartial decision maker.
The impartial decision maker in the informal dispute resolution
process may be an individual employed by or under contract with the
State Department of Health.
Added by Laws 2005, c. 460, § 8, eff. Nov. 1, 2005.
§63-1-1914.8. Informal dispute resolution - Procedure.
A. 1. In all informal dispute resolution cases except record
review, the State Department of Health shall present the initial
arguments.
2. The facility shall then present its arguments.
B. 1. The informal dispute resolution shall be limited to no
more than two (2) hours in length, with each party being permitted
one (1) hour to present its arguments.
2. However, the impartial decision maker may grant each party
additional equal time for good cause as determined by the impartial
decision maker.
C. 1. Rules of evidence or procedure shall not apply to the
informal dispute resolution except as provided in this section.
2. The impartial decision maker may:
a. accept any information that the impartial decision
maker deems material to the issue being presented, and
b. reject any information that the impartial decision
maker deems immaterial to the issue being presented.
D. 1. The informal dispute resolution may not be recorded.
2. However, the impartial decision maker may make written or
recorded notes of the arguments.
E. Only employees of the facility, attending physicians of
residents of the facility at the time of the deficiency, pharmacists
providing medications to residents of the facility at the time of
the deficiency, and consultant pharmacists or nurse consultants
utilized by the facility, or the medical director of the facility
may appear or participate in the informal dispute resolution for, or
on the behalf of, the facility.
F. Only employees of the Department may appear or participate
at the meeting for, or on behalf of, the Department.
Oklahoma Statutes - Title 63. Public Health and Safety Page 692
G. The State Long-Term Care Ombudsman, or designee, may appear
at, or participate in, the meeting.
H. No party may be represented by an attorney.
Added by Laws 2005, c. 460, § 9, eff. Nov. 1, 2005.
§63-1-1914.9. Determinations - Impartial decision maker – State
survey agency.
A. 1. Upon the conclusion of all arguments by the parties at
the informal dispute resolution, the impartial decision maker shall
issue a written statement of findings that shall be entitled
"Determinations".
2. The determinations shall include:
a. a recitation of the deficiency identification numbers,
b. a statement of whether a disputed deficiency should
remain, be removed, or be modified on the statement of
deficiencies, and
c. the facts and persuasive arguments that support the
finding of the impartial decision maker for each
deficiency identification number.
B. 1. The determination of the impartial decision maker shall
be provided to all parties.
2. The State Department of Health shall review the
determination and shall issue a written document entitled "State
Survey Agency Determination".
C. A state survey agency determination is not subject to
appeal, reargument, or reconsideration.
D. The Department shall deliver a copy of the state survey
agency determination to the facility and to the impartial decision
maker.
E. 1. In accordance with the state survey agency
determination, the Department shall issue an amended state of
deficiencies if the state survey agency determination results in
modification to any deficiencies cited in the original statement of
deficiencies.
2. If the Department determines that amendments to the
statement of deficiencies should result in changes to the scope or
severity assigned to any deficiency, the amended statement of
deficiencies shall reflect the changes to the scope or severity of
any cited deficiency.
F. The amended statement of deficiencies shall be provided to
the facility.
Added by Laws 2005, c. 460, § 10, eff. Nov. 1, 2005.
§63-1-1914.10. Deficiencies.
A. The informal dispute resolution process is limited to
deficiencies cited on a statement of deficiencies.
Oklahoma Statutes - Title 63. Public Health and Safety Page 693
B. 1. If the impartial decision maker finds that matters not
subject to informal dispute resolution are presented, the impartial
decision maker shall strike all documentary evidence related to or
presented for the purpose of disputing the matter not subject to
informal dispute resolution.
2. The impartial decision maker may not include in the
determination any matter not subject to informal dispute resolution.
Added by Laws 2005, c. 460, § 11, eff. Nov. 1, 2005.
§63-1-1914.11. Alternative informal dispute resolution -
Definitions.
For purposes of Sections 3 through 8 of this act:
1. “Impartial decision-making panel” means a group of
individuals who are qualified volunteers and employees or
contractors with the State Department of Health and shall consist of
five (5) members as follows:
a. two members shall be impartial representative
volunteers who have experience in the operation of a
long-term care setting, such as an administrator,
operator or director of nursing,
b. one member shall be an employee of the Department who
has experience in the survey process,
c. one member shall be a person representing the aging or
disabled community, and
d. one member shall be an impartial person who is not
employed by the Protective Health Services, Long-Term
Care Division of the State Department of Health; and
2. “Alternative informal dispute resolution” means a
nonjudicial process or forum before an impartial decision-making
panel that provides a facility cited for deficiency with the
opportunity to dispute a citation for deficiency within the pilot
program established in Sections 3 through 8 of this act.
Added by Laws 2007, c. 347, § 3, eff. Nov. 1, 2007.
§63-1-1914.12. Alternative informal dispute resolution.
Upon written request, a long-term care facility may choose to
participate in an informal dispute resolution panel to be offered by
the State Department of Health as an alternative to the informal
dispute resolution process outlined in Sections 1-1914.3 through 1-
1914.10 of this title.
Added by Laws 2007, c. 347, § 4, eff. Nov. 1, 2007. Amended by Laws
2009, c. 56, § 1, eff. Nov. 1, 2009.
§63-1-1914.13. Request for alternative informal dispute resolution
- Meeting with impartial decision-making panel.
Oklahoma Statutes - Title 63. Public Health and Safety Page 694
A. Upon receipt of a request for an alternative informal
dispute resolution from a facility, the State Department of Health
shall assign the matter to an impartial decision-making panel.
B. The Department shall:
1. Schedule a time and date for a meeting; and
2. Inform the parties of the time and date of the alternative
informal dispute resolution.
C. If the request for an alternative informal dispute
resolution includes a request by the facility for a meeting at which
the facility may appear before the decision-making panel, the
Department shall:
1. Arrange for facilities appropriate for conducting the
meeting; and
2. Inform the parties of the location of the meeting.
D. Each party shall submit to the impartial decision-making
panel all documentary evidence that the party believes has a bearing
on or relevance to the deficiencies in dispute by the date specified
by the Department.
E. 1. If the request for an alternative informal dispute
resolution does not include a request by the facility for a meeting
at which the facility may appear before the impartial decision-
making panel, or upon agreement of the facility and the Department,
the impartial decision-making panel may conduct the meeting by
telephone conference call or by a review of documentary evidence
submitted by the parties.
2. a. If the alternative informal dispute resolution is
conducted by record review, the impartial decision-
making panel may request, and the facility shall
provide, a written statement setting forth the
facility’s position on accepting, rejecting, or
modifying each deficiency in dispute.
b. The written statement shall specify the documentary
evidence that supports the position of the facility
for each deficiency in dispute.
c. The facility shall provide its written statement to
the impartial decision-making panel and the
Department.
d. The Department shall then provide its written
statement in rebuttal to the impartial decision-making
panel and the facility.
Added by Laws 2007, c. 347, § 5, eff. Nov. 1, 2007.
§63-1-1914.14. Alternative informal dispute resolution - Procedure
- Evidence.
A. 1. In all alternative informal dispute resolution cases
except record review, the State Department of Health shall present
the initial arguments.
Oklahoma Statutes - Title 63. Public Health and Safety Page 695
2. The facility shall then present its arguments.
B. 1. The alternative informal dispute resolution shall be
limited to no more than two (2) hours in length, with each party
being permitted one (1) hour to present its arguments;
2. However, the impartial decision-making panel may grant each
party additional equal time for good cause as determined by the
impartial decision making-panel.
C. 1. Rules of evidence or procedure shall not apply to the
alternative informal dispute resolution except as provided in this
section.
2. The impartial decision-making panel may:
a. accept any information that the impartial decision-
making panel deems material to the issue being
presented, and
b. reject any information that the impartial decision-
making panel deems immaterial to the issue being
presented.
D. 1. The alternative informal dispute resolution may not be
recorded.
2. However, the impartial decision-making panel may make
written or recorded notes of the arguments.
E. Only employees of the facility, attending physicians of
residents of the facility at the time of the deficiency, pharmacists
providing medications to residents of the facility at the time of
the deficiency, and consultant pharmacists or nurse consultants
utilized by the facility, or the medical director of the facility,
may appear or participate in the alternative informal dispute
resolution for, or on the behalf of, the facility.
F. Only employees of the Department may appear or participate
at the meeting for, or on behalf of, the Department.
G. The State Long-Term Care Ombudsman or designee, may appear
at, or participate in, the meeting.
H. No party may be represented by an attorney.
Added by Laws 2007, c. 347, § 6, eff. Nov. 1, 2007.
§63-1-1914.15. Alternative informal dispute resolution -
Determinations - State survey agency determination - Amended
statement of deficiencies.
A. 1. Upon the conclusion of all arguments by the parties at
the alternative informal dispute resolution, the impartial decision-
making panel shall issue a written statement of findings that shall
be entitled “Determinations”.
2. The determinations shall include:
a. a recitation of the deficiency identification numbers,
b. a statement of whether a disputed deficiency should
remain, be removed, or be modified on the statement of
deficiencies, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 696
c. the facts and persuasive arguments that support the
finding of the impartial decision-making panel for
each deficiency identification number.
B. 1. The determination of the impartial decision-making panel
shall be provided to all parties.
2. The State Department of Health shall review the
determination and shall issue a written document entitled “State
Survey Agency Determination”.
C. A state survey agency determination is not subject to
appeal, reargument, or reconsideration.
D. The Department shall deliver a copy of the state survey
agency determination to the facility and to the impartial decision-
making panel.
E. 1. In accordance with the state survey agency
determination, the Department shall issue an amended state of
deficiencies if the state survey agency determination results in
modification to any deficiencies cited in the original statement of
deficiencies.
2. If the Department determines that amendments to the
statement of deficiencies should result in changes to the scope or
severity assigned to any deficiency, the amended statement of
deficiencies shall reflect the changes to the scope or severity of
any cited deficiency.
F. The amended statement of deficiencies shall be provided to
the facility.
Added by Laws 2007, c. 347, § 7, eff. Nov. 1, 2007.
§63-1-1914.16. Alternative informal dispute resolution - Limitation
of matters.
A. The alternative informal dispute resolution process is
limited to deficiencies cited on a statement of deficiencies.
B. 1. If the impartial decision-making panel finds that
matters not subject to alternative informal dispute resolution are
presented, the impartial decision-making panel shall strike all
documentary evidence related to or presented for the purpose of
disputing the matter not subject to alternative informal dispute
resolution.
2. The impartial decision-making panel may not include in the
determination any matter not subject to alternative informal dispute
resolution.
Added by Laws 2007, c. 347, § 8, eff. Nov. 1, 2007.
§63-1-1915. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995.
§63-1-1916. Prohibited acts - Violations - Prosecution.
A. No person, including any person at any facility operated by
the Oklahoma Department of Veterans Affairs, shall:
Oklahoma Statutes - Title 63. Public Health and Safety Page 697
1. Intentionally fail to correct or interfere with the
correction of a violation within the time specified on the notice or
approved plan of correction under this act as the maximum period
given for correction, unless an extension is granted and the
corrections are made before expiration of extension;
2. Intentionally prevent, interfere with, or attempt to impede
in any way the work of any duly authorized representative of the
Department in the investigation and enforcement of this act;
3. Intentionally prevent or attempt to prevent any such
representative from examining any relevant books or records in the
conduct of official duties under this act;
4. Intentionally prevent or interfere with any such
representative in the preserving of evidence of any violation of
this act or the rules promulgated under this act;
5. Intentionally retaliate or discriminate against any resident
or employee for contacting or providing information to any state
official, or for initiating, participating in, or testifying in an
action for any remedy authorized under this act;
6. Willfully file any false, incomplete or intentionally
misleading information required to be filed under this act, or
willfully fail or refuse to file any information; or
7. Open or operate a facility without a license.
B. A violation of this section is a misdemeanor.
C. The district attorney of the county in which the facility is
located, or the Attorney General, may be requested by the Department
to initiate prosecutions under this section.
Added by Laws 1980, c. 241, § 16, eff. Oct. 1, 1980. Amended by
Laws 2013, c. 379, § 4, emerg. eff. May 29, 2013.
§63-1-1916.1. Violations - Penalties - Criteria for determination
of amount of penalty - Appeal - Surrender of license.
A. Any person who has been determined by the State Department
of Health to have violated any provision of the Nursing Home Care
Act or any rule promulgated or order issued pursuant to the
provisions of the Nursing Home Care Act, may be liable for an
administrative penalty for each day that said violation or
violations continue to exist. Penalties of not less than Fifty
Dollars ($50.00) per day or more than Three Thousand Dollars
($3,000.00) per day may be imposed for deficiencies that do not
constitute immediate jeopardy to residents. Penalties of not less
than Three Thousand Fifty Dollars ($3,050.00) per day or more than
Ten Thousand Dollars ($10,000.00) per day may be imposed for
deficiencies constituting immediate jeopardy to residents; provided,
however, that specialized facilities for the developmentally
disabled or nursing facilities licensed pursuant to this act, which
do not participate in Medicaid or Medicare, shall be liable for the
Oklahoma Statutes - Title 63. Public Health and Safety Page 698
maximum penalty, not to exceed Ten Thousand Dollars ($10,000.00) for
any related series of violations.
B. The amount of the penalty shall be assessed by the
Department pursuant to the provisions of subsection A of this
section, after notice and opportunity for hearing. Within ten (10)
working days of the inspection documenting the violation, the
facility may appeal this decision pursuant to Article II of the
Administrative Procedures Act. In determining the amount of the
penalty, the Department shall include, but not be limited to,
consideration of the nature, circumstances and gravity of the
violation, the repetitive nature of the violation at this facility
or others operated by the same entity, the previous degree of
difficulty in obtaining compliance with the rules, and, with respect
to the person found to have committed the violation, the degree of
culpability, the facility's financial condition and substantial show
of good faith in attempting to achieve compliance with the
provisions of the Nursing Home Care Act.
C. Any license holder may elect to surrender his license in
lieu of said fine but shall be forever barred from obtaining a
reissuance of the license or any other license issued pursuant to
the Nursing Home Care Act.
Added by Laws 1989, c. 227, § 30, operative July 1, 1989. Amended
by Laws 1991, c. 127, § 9, emerg. eff. April 29, 1991; Laws 1995, c.
230, § 16, eff. July 1, 1995.
§63-1-1916.2. Denial, refusal to renew, suspension or revocation of
license.
The State Department of Health may deny, refuse to renew,
suspend or revoke a license or assess administrative penalties to an
applicant, licensee, or facility which has a history of
noncompliance or incomplete or partial compliance with or repeated
violations of the provisions of the Nursing Home Care Act or the
standards, rules or regulations of the Board issued pursuant to the
provisions of the Nursing Home Care Act or other satisfactory
evidence which demonstrates that the applicant or licensee is
unlikely to manage or operate a facility or to provide care or
treatment to the residents of a home in a manner which warrants
public trust.
Added by Laws 1989, c. 227, § 31. Amended by Laws 1991, c. 127, §
10, emerg. eff. April 29, 1991.
§63-1-1917. State agencies to assist in carrying out provisions of
act.
It shall be the duty of the Department of Human Services and the
Director of the Oklahoma State Bureau of Investigation to assist the
Commissioner in carrying out the provisions of this act insofar as
the functions of these respective offices and departments are
Oklahoma Statutes - Title 63. Public Health and Safety Page 699
concerned with the health, welfare and safety of any person or
persons cared for in facilities as defined herein.
Laws 1980, c. 241, § 17, eff. Oct. 1, 1980.
§63-1-1918. Rights and responsibilities - Violations - Penalties.
A. All principles enumerated in this section shall be posted in
a conspicuous, easily accessible location in each facility. Each
resident and personally appointed representative of the resident, if
any, shall be verbally advised and provided a written copy of such
principles prior to or upon admission to the facility. The facility
shall ensure that its staff is familiar with and observes the rights
and responsibilities enumerated in this section. The facility shall
make available to each resident, upon reasonable request, a current
written statement of such rights and responsibilities.
B. A statement of rights and responsibilities shall include,
but not be limited to, the following:
1. Every resident's civil and religious liberties, including
the right to independent personal decisions and knowledge of
available choices, shall not be infringed upon and the facility
shall encourage and assist in the exercise of these rights;
2. Every resident shall have the right to have private
communications, including telephonic communications and visits and
consultations with a physician or an attorney, and meetings of
family and resident groups or any other person or persons of the
resident's choice, and may send and promptly receive, unopened, the
resident's personal mail;
3. a. Every resident shall have the right, without fear of
reprisal or discrimination, to:
(1) present grievances with respect to treatment or
care that is or fails to be furnished on behalf
of the resident or others to:
(a) the facility's staff,
(b) the facility's administrator,
(c) the facility's attending physician,
(d) the resident's personal physician, if any,
(e) governmental officials, or
(f) any other person, and
(2) organize or to join with other residents or
individuals within or outside of the facility to
work for improvements in resident care.
b. The family of a resident shall have the right to meet
in the facility with other residents' families.
c. Every resident shall have the right to prompt efforts
by the facility to resolve grievances the resident may
have, including those with respect to the behavior of
other residents;
Oklahoma Statutes - Title 63. Public Health and Safety Page 700
4. Every resident shall have the right to manage such
resident's own financial affairs, unless the resident delegates the
responsibility, in writing, to the facility. The resident shall
have at least a quarterly accounting of any personal financial
transactions undertaken in the resident's behalf by the facility
during any period of time the resident has delegated such
responsibilities to the facility;
5. Every resident shall have the right to receive adequate and
appropriate medical care consistent with established and recognized
medical practice standards within the community. Every resident,
unless adjudged to be mentally incapacitated, shall be fully
informed by the resident's attending physician of the resident's
medical condition and advised in advance of proposed treatment or
changes in treatment in terms and language that the resident can
understand, unless medically contraindicated, and to participate in
the planning of care and treatment or changes in care and treatment.
Every resident shall have the right to refuse medication and
treatment after being fully informed of and understanding the
consequences of such actions unless adjudged to be mentally
incapacitated;
6. Every resident shall receive respect and privacy in the
medical care program of the resident. Case discussion,
consultation, examination and treatment shall remain confidential
and shall be conducted discreetly. Personal and medical records
shall be confidential, and shall include such documentation or
information so as to alert a health care provider or an emergency
medical care facility of the existence of a directive to physicians
or a living will;
7. Every resident shall have the right to reside and to receive
services with reasonable accommodation of individual needs and
preferences, except where the health or safety of the individual or
other residents would be endangered;
8. a. Every resident shall be informed by the facility, at
the time of admission, of the facility's policy
regarding the provision of hospice services. The
facility's policy shall:
(1) specify whether the facility provides hospice
services, either directly or through contractual
arrangements with other hospice providers,
(2) specify whether the facility permits hospice
services to be provided in the facility by any
other hospice services or only by hospice
services contracted by the facility,
(3) provide that each resident shall receive a list
of hospice services with which the facility
contracts, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 701
(4) provide for complete disclosure to the resident
of the facility's relationship with any hospice
service that is the result of ownership or an
ownership interest of five percent (5%) or more.
b. If the facility provides hospice services through
contractual arrangements with hospice providers but
does not contract with at least three entities
providing hospice services within a fifty-mile radius
of the facility, it shall, upon the request of a
current facility resident, contract with additional
hospice providers within a fifty-mile radius of the
facility as necessary to provide the resident with a
choice of three providers. This requirement shall
cease to exist when the requesting resident is no
longer living in the facility.
c. A facility shall, at the point that a resident
requires hospice services, again inform the resident
or the personally appointed representative of the
resident, if any, verbally and in writing of the
resident's right to hospice services pursuant to the
facility's policy at the time of the resident's
admission;
9. Every resident shall have the right to receive notice before
the room or roommate of the resident in the facility is changed and
if the resident has a telephone in his or her room, the resident
must be informed of any charges to be incurred when moving;
10. Every resident shall have the right to retain and use
personal clothing and possessions, unless medically contraindicated,
and shall have the right to security in the storage and use of such
clothing and possessions;
11. Every resident shall have the right to receive courteous
and respectful care and treatment and a written statement of the
services provided by the facility, including those required to be
offered on an as-needed basis, and a statement of related charges,
including any costs for services not covered under Medicare or
Medicaid, or not covered by the facility's basic per diem rate;
12. Every resident shall be free from mental and physical abuse
and neglect, as such terms are defined in Section 10-103 of Title
43A of the Oklahoma Statutes, corporal punishment, involuntary
seclusion, and from any physical and chemical restraints imposed for
purposes of discipline or convenience and not required to treat the
resident's medical symptoms, except those restraints authorized in
writing by a physician for a specified period of time or as are
necessitated by an emergency where the restraint may only be applied
by a physician, qualified licensed nurse or other personnel under
the supervision of the physician who shall set forth in writing the
circumstances requiring the use of restraint. Use of a chemical or
Oklahoma Statutes - Title 63. Public Health and Safety Page 702
physical restraint shall require the consultation of a physician
within twenty-four (24) hours of such emergency;
13. Every resident shall receive a statement of the facility's
regulations and an explanation of the resident's responsibility to
obey all reasonable regulations of the facility and to respect the
personal rights and private property of the other residents;
14. Every resident shall receive a statement that, should they
be adjudicated incompetent and have no ability to be restored to
legal capacity, the above rights and responsibilities shall be
exercised by a court-appointed representative;
15. No resident shall be required to perform services for a
facility;
16. Every resident shall have privacy for spousal visits.
Every resident may share a room with the resident's spouse, if the
spouse is residing in the same facility;
17. When a physician indicates it is appropriate, a facility
shall immediately notify the resident's next of kin, or
representative of the resident's death or when the resident's death
appears to be imminent;
18. Every resident shall have the right to participate in
social, religious, and community activities that do not interfere
with the rights of other residents in the facility; and
19. Every resident shall have the right to examine, upon
reasonable request, the results of the most recent survey of the
facility conducted by the State Department of Health with respect to
the facility and any plan of correction in effect with respect to
the facility.
C. No licensed facility shall deny appropriate care on the
basis of the resident's source of payment as defined in the
regulations. Appropriate care shall not include duplication of
services by a nursing home, hospice, or any combination of care
providers.
D. Each facility shall prepare a written plan and provide
appropriate staff training to implement each resident's rights as
stated in this section.
E. Any person convicted of violating any provisions of this
section shall be guilty of a misdemeanor, punishable by a fine of
not less than One Hundred Dollars ($100.00), nor more than Three
Hundred Dollars ($300.00), or imprisonment in the county jail for
not more than thirty (30) days, or by both such fine and
imprisonment.
F. In addition to the penalties provided in this section, an
action may be brought against an individual by any resident who is
injured by any violation of this section, or who shall suffer injury
from any person whose threats would cause a violation of this
section if carried through, may maintain an action to prevent,
restrain or enjoin a violation or threatened violation. If a
Oklahoma Statutes - Title 63. Public Health and Safety Page 703
violation or threatened violation of this section shall be
established in any action, the court shall enjoin and restrain or
otherwise prohibit the violation or threatened violation and assess
in favor of the plaintiff and against the defendant the cost of the
suit. If damages are alleged and proved in the action, the
plaintiff shall be entitled to recover from the defendant the actual
damages sustained by the plaintiff. If it is proved in an action
that the defendant's conduct was willful or in reckless disregard of
the rights provided by this section, punitive damages may be
assessed.
G. Any employee of a state agency that inspects any nursing
facility or special facility shall report any flagrant violations of
this act or any other statute to the administrative head of the
state agency, who shall immediately take whatever steps are
necessary to correct the situation including, when appropriate,
reporting the violation to the district attorney of the county in
which the violation occurred.
H. Upon the death of a resident who has no sources of payment
for funeral services, the facility shall immediately notify
appropriate county officials who shall be responsible for funeral
and burial procedures of the deceased in the same manner as with any
indigent resident of the county.
Added by Laws 1980, c. 241, § 18, eff. Oct. 1, 1980. Amended by
Laws 1981, c. 182, § 3; Laws 1982, c. 171, § 1; Laws 1991, c. 127, §
11, emerg. eff. April 29, 1991; Laws 1992, c. 173, § 1, emerg. eff.
May 5, 1992; Laws 1996, c. 231, § 4, eff. July 1, 1996; Laws 2001,
c. 393, § 3, emerg. eff. June 4, 2001; Laws 2002, c. 138, § 1, eff.
Nov. 1, 2002; Laws 2003, c.390, § 8, eff. July 1, 2003; Laws 2018,
c. 238, § 1, eff. Nov. 1, 2018.
§63-1-1918.1. Dispensation of certain drugs in bubble pack units -
Pilot program.
A. The purpose of this section is to reduce expensive and
unnecessary wastage of excess drugs dispensed to residents of
nursing homes. In order to determine if the use of bubble pack
units and the return and reissuance of unadulterated drugs is cost-
effective and administratively efficient there is hereby established
a pilot program for dispensing and returning anti-ulcer and
antiarthritics in bubble pack units. The pilot program shall
terminate January 1, 1998.
B. For the purpose of this study, upon filling a prescription
for residents of nursing facilities, a pharmacist shall dispense
anti-ulcer and antiarthritics in bubble pack units when available.
C. Any prescription for anti-ulcer and antiarthritics dispensed
by a pharmacist in bubble pack units for a resident of a nursing
home that is unused and is unadulterated may be returned for credit
to the issuing pharmacy. Such medication may be dispensed by the
Oklahoma Statutes - Title 63. Public Health and Safety Page 704
pharmacist to other nursing home patients. The Oklahoma Health Care
Authority in concert with the State Board of Pharmacy shall
promulgate permanent rules that will provide for the implementation
of this subsection. The permanent rules shall be promulgated by the
Board pursuant to the provisions of the Administrative Procedures
Act.
D. The Oklahoma State Board of Health in concert with the State
Board of Pharmacy shall promulgate rules to ensure the integrity of
the collection of unadulterated anti-ulcer and antiarthritics within
nursing facilities. The rules shall provide for a drug manifest
form that shall accompany each shipment of unadulterated anti-ulcer
and antiarthritics in bubble pack units from the nursing facility to
the dispensing pharmacy.
E. The State Board of Health shall report the findings of the
pilot program to the Speaker of the House of Representatives, the
President Pro Tempore of the Senate and the Governor by April 1,
1998.
F. For purposes of this section:
1. "Bubble pack units" means a sealed unit of use container
packaged by a pharmacy or pharmaceutical manufacturer that bears the
name of the drug, expiration date, and the name of the pharmacy
dispensing the drug;
2. "Nursing facility" means a facility as defined by Section 1-
1902 of Title 63 of the Oklahoma Statutes;
3. "Unadulterated" means medications that are properly stored,
labeled and not past the expiration date; and
4. "Antiarthritics" means legend nonsteroidal anti-inflammatory
drugs.
Added by Laws 1995, c. 299, § 1, eff. Sept. 1, 1995.
§63-1-1918.2. Renumbered as § 367.3 of Title 59 by Laws 2004, c.
374, § 9, emerg. eff. June 3, 2004.
§63-1-1918A. Repealed by Laws 2005, c. 108, § 4, eff. July 1, 2005.
§63-1-1918B. Intent of Legislature regarding nursing home
residents’ pain – Nursing homes to assess residents’ pain – Rules
and regulations regarding pain management.
A. It is the intent of the Legislature that pain experienced by
nursing home residents be assessed and treated promptly,
effectively, and for as long as pain persists.
B. On and after July 1, 2005, every nursing facility licensed
pursuant to the Nursing Home Care Act shall, as a condition of
licensure, include pain as an item to be assessed at the same time
as vital signs are taken. The nursing facility shall ensure that
pain assessment is performed in a consistent manner that is
Oklahoma Statutes - Title 63. Public Health and Safety Page 705
appropriate to the patient. The pain assessment shall be noted in
the patient’s chart in a manner consistent with other vital signs.
C. The State Board of Health shall promulgate rules, pursuant
to recommendations issued by the State Advisory Council on Pain
Management, for assessing and documenting pain.
Added by Laws 2004, c. 388, § 2, emerg. eff. June 3, 2004.
§63-1-1919. Person authorized to have access to facilities -
Violations - Exemptions.
A. Any employee or agent of a public agency or any
representative of a community legal services program or any member
of a nonprofit community supported agency which provides health or
social services to the elderly, or any member of a church group,
association of older persons or community service club which
provides volunteers for service to nursing home residents shall be
permitted access at reasonable hours, which shall be 10:00 a.m. to
8:00 p.m., to any individual resident of any facility, if the
purpose of such agency, program or organization includes rendering
assistance to residents without charge, but only if there is neither
a commercial purpose nor affect to such access and if the purpose is
to do any of the following:
1. Visit, talk with and make personal, social and legal
services available to all residents;
2. Inform residents of their rights and entitlements and their
corresponding obligations, under federal and state laws, by means of
educational materials and discussions in groups and with individual
residents;
3. Assist residents in asserting their legal rights regarding
claims for public assistance, medical assistance and Social Security
benefits, as well as in all other matters in which residents are
aggrieved. Assistance may include counseling and litigation; or
4. Engage in other methods of asserting, advising and
representing residents so as to extend to them full enjoyment of
their rights.
B. All persons entering a facility under this section shall
promptly notify appropriate facility personnel of their presence.
They shall, upon request, produce identification to establish their
identity. No such person shall enter the immediate living area of
any resident without first identifying himself and then receiving
permission from the resident to enter. The rights of other
residents present in the room shall be respected. A resident may
terminate at any time a visit by a person having access to the
resident's living area under this section.
C. This section shall not limit the power of the Department or
other public agency otherwise permitted or required by law to enter
and inspect a facility.
Oklahoma Statutes - Title 63. Public Health and Safety Page 706
D. Notwithstanding subsection A of this section, the
administrator of a facility may refuse access to the facility to any
person if the presence of that person in the facility would be
injurious to the health and safety of a resident or would threaten
the security of the property of a resident or the facility, or if
the person seeks access to the facility for commercial purposes. Any
person refused access to a facility may within ten (10) days request
a hearing. In that proceeding, the burden of proof as to the right
of the facility to refuse access under this section shall be on the
facility.
E. This section shall not apply to any inspection team of the
Department or any other agency.
Laws 1980, c. 241, § 19, eff. Oct. 1, 1980.
§63-1-1919.1. Reasonable access to residents – Emergency-
preparedness plan.
A. Except as provided by Section 10-111 of Title 43A of the
Oklahoma Statutes, every long-term care facility, as defined in
Section 1-1945 of Title 63 of the Oklahoma Statutes, must provide
reasonable access to a resident by immediate family, compassionate
caregivers, other relatives of the resident, essential support
persons, and the Oklahoma Long-Term Care Ombudsman subject to the
resident's or, if they are incapacitated, their legally appointed
representative's right to deny or withdraw consent at any time.
Compassionate caregivers may be family members, friends, volunteers,
or other individuals identified by a resident, the resident's
family, or facility staff, who assist residents with activities of
daily living, such as bathing, dressing, and eating, or who provide
emotional, mental, or spiritual support to residents.
B. Every long-term care facility must provide reasonable access
to a resident by health care providers who are contracted with the
facility to provide such care, subject to the resident's right to
deny or withdraw consent at any time.
C. Long-term care facilities shall include and submit to the
State Department of Health in their emergency-preparedness plan
procedures for visitation during an emergency. The visitation plan
shall be made available by the facility to contracted health care
providers, family members, essential support persons, and
compassionate caregivers upon request. Visitation and access
described in subsections A and B of this section may be subject to
reasonable clinical and safety restrictions as ordered by the State
Department of Health or the Centers for Medicare and Medicaid
Services.
D. No long-term care facility shall unilaterally eliminate
visitation for any reason; however, a facility may temporarily
suspend visitation for a period not to exceed seventy-two (72) hours
Oklahoma Statutes - Title 63. Public Health and Safety Page 707
based upon the emergency-preparedness plan provided to the State
Department of Health.
Added by Laws 2021, c. 252, § 1, emerg. eff. April 27, 2021.
§63-1-1920. Protection of resident's funds.
To protect each resident's funds, the facility or home:
1. Shall reserve a portion of each resident's monthly income,
in an amount not less than Twenty-five Dollars ($25.00), as a
personal needs allowance for use by the resident, or for use on
behalf of the resident by his guardian, or other representative
designated by the resident;
2. Shall at the time of admission, provide each resident, or
his representative, with a written statement explaining the
resident's rights regarding personal funds and listing the services
for which the resident will be charged, and obtain a signed
acknowledgment from each resident or his representative that he has
received the statement;
3. May accept funds from a resident for safekeeping and
managing, if the facility or home receives written authorization
from the resident or his guardian; such authorization shall be
attested to by a witness who has no pecuniary interest in the
facility or home or its operations, and who is not connected in any
way to facility or home personnel or the administrator in any manner
whatsoever;
4. Shall maintain and allow each resident and responsible party
access to a written record of all financial arrangements and
transactions involving the individual resident's funds;
5. Shall provide each resident, or his representative with a
written itemized statement on request, of all financial transactions
involving the resident's funds;
6. Shall keep any funds received from a resident for
safekeeping in an account separate from the facility's or home's
funds and shall maintain such funds as required by the Department of
Human Services and federal regulations;
7. Shall return to the resident, upon written request by the
resident or his guardian, if court-appointed, all or any part of the
resident's funds given the facility or home for safekeeping,
including the interest accrued from deposits;
8. Shall place any monthly allowance to which a resident is
entitled in that resident's personal account, or give it to the
resident, unless the facility or home has written authorization from
the resident or the resident's guardian or if the resident is a
minor, his parent, to handle it differently;
9. Unless otherwise provided by state law, upon the death of a
resident, shall provide the administrator or executor of the
resident's estate with a complete accounting of all the resident's
Oklahoma Statutes - Title 63. Public Health and Safety Page 708
personal property, including any funds of the resident being held by
the facility or home; and
10. If the facility or home is sold, shall provide the buyer
with a written verification by a public accountant of all residents'
monies and properties being transferred, and obtain a signed receipt
from the new owner.
Amended by Laws 1984, c. 128, § 4, eff. Nov. 1, 1984; Laws 1985, c.
135, § 8, emerg. eff. June 7, 1985.
§63-1-1921. Contracts - Provisions and procedures.
A. A written contract shall be executed between a person or his
guardian or responsible party or if the resident is a minor, his
parent, and a facility or its agent within one hundred twenty (120)
days from the time a person is admitted to a facility, or at the
expiration of the period of previous contract, or when the source of
payment for the resident's care changes from private to public funds
or from public to private funds; if a person is a resident of a
facility on the effective date of this act and no legally
enforceable contract exists, then a contract as described in this
section shall be executed within sixty (60) days after the effective
date of this act. If the facility receives or is to receive payment
by the state or federal government, an individual contract with the
nursing home is not required.
A resident shall not be discharged or transferred at the
expiration of the term of a contract, except as provided in Sections
1-1926 through 1-1937 of this title.
B. The contract shall be executed between the resident or the
resident's guardian or, if the resident is a minor, his parent or
guardian and the licensee.
C. A copy of the contract shall be given to the resident or to
the resident's representative at the time of the resident's
admission to the facility.
D. A copy of the contract for a resident who is supported by
nonpublic funds other than the resident's own funds shall be made
available to the person providing the funds for the resident's
support.
E. The contract shall be written in clear and unambiguous
language and shall be printed in type no smaller than standard
typewriter pica or elite type. The general form of the contract
shall be prescribed by the Department.
F. The contract shall specify:
1. The term of the contract;
2. The services to be provided under the contract and the
charges for the services;
3. The services that may be provided to supplement the contract
and the charges for the services;
4. The sources liable for payments due under the contract;
Oklahoma Statutes - Title 63. Public Health and Safety Page 709
5. The amount of deposit paid; and
6. The rights, duties and obligations of the resident, except
that the specification of a resident's rights may be furnished on a
separate document which complies with the requirements of Section 1-
1918 of this title.
G. The contract shall designate the name of the resident's
representative, if any.
H. The contract shall provide that if the resident dies or is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall terminate
immediately. All charges shall be prorated as of the date on which
the contract terminates, and, if any payments have been made in
advance, the excess shall be refunded to the resident. This
provision shall not apply to life-care contracts through which a
facility agrees to provide maintenance and care for a resident
throughout the remainder of his life or to continuing-care contract
through which a facility agrees to supplement all available forms of
financial support in providing maintenance and care for a resident
throughout the remainder of his life.
Laws 1980, c. 241, § 21, eff. Oct. 1, 1980; Laws 1981, c. 182, § 5.
§63-1-1922. Residents' advisory council.
A. Each facility shall establish a residents' advisory council.
The administrator shall designate a member of the facility staff to
coordinate the establishment of, and render assistance to, said
council.
B. The composition of the residents' advisory council shall be
specified by Department regulation, but no employee or affiliate of
a facility shall be a member of any such council.
C. The residents' advisory council shall meet at least once
each month with the staff coordinator who shall provide assistance
to said council in preparing and disseminating a report of each
meeting as specified by the regulations to all residents, the
administrator, and the staff.
D. Records of the residents' advisory council meetings shall be
maintained in the office of the administrator.
E. The residents' advisory council shall communicate to the
administrator the opinions and concerns of the residents. The
council shall review procedures for implementing residents' rights,
facility responsibilities and make recommendations for changes or
additions which will strengthen the facility's policies and
procedures as they affect residents' rights and facility
responsibilities.
F. The residents' advisory council shall be forum for:
1. Obtaining and disseminating information;
2. Soliciting and adopting recommendations for facility
programming and improvements; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 710
3. Early identification and recommendation of orderly
resolution of problems.
G. The residents' advisory council may present complaints as
provided in Section 1-1924 of this title on behalf of a resident to
the Department.
Laws 1980, c. 241, § 22, eff. Oct. 1, 1980; Laws 1981, c. 182, § 6.
§63-1-1923. Long-Term Care Facility Advisory Board.
A. There is hereby re-created, to continue until July 1, 2025,
in accordance with the provisions of the Oklahoma Sunset Law, a
Long-Term Care Facility Advisory Council which shall be composed as
follows:
1. The Governor shall appoint a thirteen-member Long-Term Care
Facility Advisory Council which shall advise the State Commissioner
of Health. The Advisory Council shall be comprised of the following
persons:
a. one representative from the Oklahoma Health Care
Authority, designated by the Administrator,
b. one representative from the Department of Mental
Health and Substance Abuse Services, designated by the
Commissioner of Mental Health and Substance Abuse
Services,
c. one representative from the Department of Human
Services, designated by the Director of Human
Services,
d. one member who shall be a licensed general
practitioner of the medical or osteopathic profession,
e. one member who shall be a registered pharmacist,
f. one member who shall be a licensed registered nurse or
licensed practical nurse,
g. one member who shall be an operator-administrator of a
nursing home which has a current license issued
pursuant to the Nursing Home Care Act and who shall
have had five (5) years’ experience in the nursing
home profession as an operator-administrator,
h. one member who shall be an operator-administrator of a
residential care home licensed pursuant to the
provisions of the Residential Care Act,
i. one member who shall be an owner-operator of an adult
day care facility licensed pursuant to the provisions
of the Adult Day Care Act,
j. one member who shall be an owner-operator of a
continuum of care facility or assisted living center
licensed pursuant to the provisions of the Continuum
of Care and Assisted Living Act,
Oklahoma Statutes - Title 63. Public Health and Safety Page 711
k. two members who shall be over the age of sixty-five
(65) who shall represent the general public and have
no long-term care professional work history, and
l. one member who shall be over the age of sixty-five
(65) who shall represent the general public and who
advocates for individuals receiving long-term care
services; and
2. Appointments shall be for two-year terms. Members shall
serve at the pleasure of their designators. Members may be
reappointed not to exceed two terms. In case of a vacancy, the
Governor shall appoint individuals to fill the remainder of the
term.
B. The State Department of Health shall provide administrative
support to perform designated duties of the Advisory Council. The
Department shall also provide space for meetings of the Advisory
Council.
C. The Advisory Council shall annually elect a chair, vice-
chair and secretary-treasurer, shall meet at least quarterly, and
may hold such special meetings as may be necessary. The members of
the Advisory Council shall be reimbursed as provided for by the
State Travel Reimbursement Act.
D. The Advisory Council shall have the power and duty to:
1. Serve as an advisory body to the Department for the
development and improvement of services to and care and treatment of
residents of facilities subject to the provisions of the Nursing
Home Care Act, homes subject to the provisions of the Residential
Care Act and facilities subject to the provisions of the Adult Day
Care Act;
2. Review and make recommendations regarding quality of
services, care, and treatment provided to individuals receiving
services from entities that are subject to the Nursing Home Care
Act, the Residential Care Act and the Adult Day Care Act; and
3. Evaluate and review the standards, practices, and procedures
regarding the administration and enforcement of the provisions of
the Nursing Home Care Act, the Residential Care Act and the Adult
Day Care Act.
Added by Laws 1980, c. 241, § 23, eff. Oct. 1, 1980. Amended by
Laws 1984, c. 128, § 5, eff. Nov. 1, 1984; Laws 1986, c. 16, § 1,
eff. July 1, 1986; Laws 1987, c. 98, § 27, emerg. eff. May 20, 1987;
Laws 1989, c. 192, § 10, eff. Nov. 1, 1989; Laws 1989, c. 345, § 3,
eff. Oct. 1, 1989; Laws 1990, c. 51, § 127, emerg. eff. April 9,
1990; Laws 1992, c. 109, § 1, emerg. eff. April 20, 1992; Laws 1995,
c. 230, § 17, eff. July 1, 1995; Laws 1998, c. 42, § 1; Laws 2001,
c. 17, § 1, eff. July 1, 2001; Laws 2004, c. 25, § 1; Laws 2010, c.
29, § 1; Laws 2014, c. 60, § 1; Laws 2020, c. 116, § 18, eff. July
1, 2020; Laws 2023, c. 197, § 1, eff. Nov. 1, 2023.
Oklahoma Statutes - Title 63. Public Health and Safety Page 712
§63-1-1923.1. Residents and Family State Council - Toll free
hotline.
The State Department of Health shall:
1. Establish a Residents and Family State Council which shall
be composed of fifteen (15) members who are, or who have been within
the last twelve (12) months, residents, family members, resident
volunteer representatives or guardians of residents of nursing
facilities licensed pursuant to the Nursing Home Care Act, but shall
not include persons representing residents in facilities for the
developmentally disabled. The Council shall annually elect a chair
and vice-chair, and shall meet at least quarterly. Meetings shall
be conducted in the various areas of the state with at least one
meeting in each of the four quadrants of the state to allow for
participation by family members and residents where possible. The
members of the Council shall be reimbursed pursuant to the State
Travel Reimbursement Act. The Council may present recommendations
to the Long-Term Care Facility Advisory Board created in Section 1-
1923 of this title and shall have the power and duty to advise the
State Department of Health concerning the development and
improvement of services to and care and treatment of residents of
facilities subject to the provisions of the Nursing Home Care Act
and make recommendations to the Department as necessary and
appropriate. The members shall serve at the pleasure of the State
Commissioner of Health; and
2. Establish a toll free, twenty-four-hour hotline for filing
of complaints against facilities licensed pursuant to the provisions
of the Nursing Home Care Act.
Added by Laws 1995, c. 230, § 18, eff. July 1, 1995. Amended by
Laws 2013, c. 229, § 52, eff. Nov. 1, 2013.
§63-1-1924. Information which may be disclosed by department.
The following information is subject to disclosure to the public
from the Department:
1. Information submitted under Section 40 of this act except
information concerning the remuneration of personnel licensed,
registered or certified by the Department and monthly charges for an
individual private resident;
2. Records of license and certification inspections, surveys
and evaluations of facilities, other reports of inspections, surveys
and evaluations of resident care, and reports concerning a facility
prepared pursuant to Titles XVIII and XIX of the Social Security
Act, subject to the provisions of the Social Security Act; and
3. Complaints filed against a facility and complaint
investigation reports, except that a complaint or complaint
investigation report shall not be disclosed to a person other than
the complainant or complainant's representative before it is
disclosed to a facility as provided in Section 40 of this act and,
Oklahoma Statutes - Title 63. Public Health and Safety Page 713
further, except that a complainant or resident's name shall not be
disclosed except as provided in Section 40 of this act.
Laws 1980, c. 241, § 24, eff. Oct. 1, 1980.
§63-1-1924.1. Notification of clergy upon impending death.
A. Nursing home personnel shall notify clergy of the faith of a
patient, upon the impending death of the patient, when practicable.
B. The State Department of Health shall not use the provisions
of subsection A of this section for any purpose relating to
inspections or investigations.
Added by Laws 2008, c. 281, § 1, eff. Nov. 1, 2008.
§63-1-1925. Minimum standards for facilities.
The State Department of Health shall prescribe minimum standards
for facilities. These standards shall regulate:
1. Location and construction of the facility, including
plumbing, heating, lighting, ventilation, and other physical
conditions which shall ensure the health, safety and comfort of
residents and protection from fire hazards;
2. Number and qualifications of all personnel, including
management and nursing personnel, having responsibility for any part
of the care given to residents; specifically, the Department shall
establish staffing ratios for facilities which shall specify the
number of staff hours per resident of care that are needed for
professional nursing care for various types of facilities or areas
within facilities;
3. All sanitary conditions within the facility and its
surroundings, including water supply, sewage disposal, food
handling, and general hygiene, which shall ensure the health and
comfort of residents;
4. Diet related to the needs of each resident based on sound
nutritional practice and on recommendations which may be made by the
physicians attending the resident;
5. Equipment essential to the health and welfare of the
residents;
6. Minimum levels of supplies including, but not limited to,
food and other perishables;
7. Minimum financial solvency standards to ensure the operation
of facilities; and
8. A program of rehabilitation for those residents who would
benefit from such programs.
Added by Laws 1980, c. 241, § 25, eff. Oct. 1, 1980. Amended by
Laws 2002, c. 230, § 9, eff. Nov. 1, 2002.
§63-1-1925.1. Long-term care facilities - Visiting or residential
animals.
Oklahoma Statutes - Title 63. Public Health and Safety Page 714
The State Board of Health shall establish rules and regulations
allowing the use of visiting or residential animals in selected
long-term health care facilities in this state. Long-term health
care facilities which want animals shall be required to apply to the
State Department of Health for approval for residential animals.
Such rules and regulations shall be established giving consideration
to disease prevention, sanitation, prevention of injury to patients
and animals, and other concerns deemed appropriate by the Board.
Added by Laws 1984, c. 52, § 1, eff. Nov. 1, 1984.
§63-1-1925.2. Reimbursements from Nursing Facility Quality of Care
Fund - Staffing ratios - Name and title posting - Rule promulgation
- Appeal - Nursing Facility Funding Advisory Committee.
A. The Oklahoma Health Care Authority shall fully recalculate
and reimburse nursing facilities and Intermediate Care Facilities
for Individuals with Intellectual Disabilities (ICFs/IID) from the
Nursing Facility Quality of Care Fund beginning October 1, 2000, the
average actual, audited costs reflected in previously submitted cost
reports for the cost-reporting period that began July 1, 1998, and
ended June 30, 1999, inflated by the federally published
inflationary factors for the two (2) years appropriate to reflect
present-day costs at the midpoint of the July 1, 2000, through June
30, 2001, rate year.
1. The recalculations provided for in this subsection shall be
consistent for both nursing facilities and Intermediate Care
Facilities for Individuals with Intellectual Disabilities
(ICFs/IID).
2. The recalculated reimbursement rate shall be implemented
September 1, 2000.
B. 1. From September 1, 2000, through August 31, 2001, all
nursing facilities subject to the Nursing Home Care Act, in addition
to other state and federal requirements related to the staffing of
nursing facilities, shall maintain the following minimum direct-
care-staff-to-resident ratios:
a. from 7:00 a.m. to 3:00 p.m., one direct-care staff to
every eight residents, or major fraction thereof,
b. from 3:00 p.m. to 11:00 p.m., one direct-care staff to
every twelve residents, or major fraction thereof, and
c. from 11:00 p.m. to 7:00 a.m., one direct-care staff to
every seventeen residents, or major fraction thereof.
2. From September 1, 2001, through August 31, 2003, nursing
facilities subject to the Nursing Home Care Act and Intermediate
Care Facilities for Individuals with Intellectual Disabilities
(ICFs/IID) with seventeen or more beds shall maintain, in addition
to other state and federal requirements related to the staffing of
nursing facilities, the following minimum direct-care-staff-to-
resident ratios:
Oklahoma Statutes - Title 63. Public Health and Safety Page 715
a. from 7:00 a.m. to 3:00 p.m., one direct-care staff to
every seven residents, or major fraction thereof,
b. from 3:00 p.m. to 11:00 p.m., one direct-care staff to
every ten residents, or major fraction thereof, and
c. from 11:00 p.m. to 7:00 a.m., one direct-care staff to
every seventeen residents, or major fraction thereof.
3. On and after October 1, 2019, nursing facilities subject to
the Nursing Home Care Act and Intermediate Care Facilities for
Individuals with Intellectual Disabilities (ICFs/IID) with seventeen
or more beds shall maintain, in addition to other state and federal
requirements related to the staffing of nursing facilities, the
following minimum direct-care-staff-to-resident ratios:
a. from 7:00 a.m. to 3:00 p.m., one direct-care staff to
every six residents, or major fraction thereof,
b. from 3:00 p.m. to 11:00 p.m., one direct-care staff to
every eight residents, or major fraction thereof, and
c. from 11:00 p.m. to 7:00 a.m., one direct-care staff to
every fifteen residents, or major fraction thereof.
4. Effective immediately, facilities shall have the option of
varying the starting times for the eight-hour shifts by one (1) hour
before or one (1) hour after the times designated in this section
without overlapping shifts.
5. a. On and after January 1, 2020, a facility may implement
twenty-four-hour-based staff scheduling; provided,
however, such facility shall continue to maintain a
direct-care service rate of at least two and nine
tenths (2.9) hours of direct-care service per resident
per day, the same to be calculated based on average
direct care staff maintained over a twenty-four-hour
period.
b. At no time shall direct-care staffing ratios in a
facility with twenty-four-hour-based staff-scheduling
privileges fall below one direct-care staff to every
fifteen residents or major fraction thereof, and at
least two direct-care staff shall be on duty and awake
at all times.
c. As used in this paragraph, "twenty-four-hour-based-
scheduling" means maintaining:
(1) a direct-care-staff-to-resident ratio based on
overall hours of direct-care service per resident
per day rate of not less than two and ninety one-
hundredths (2.90) hours per day,
(2) a direct-care-staff-to-resident ratio of at least
one direct-care staff person on duty to every
fifteen residents or major fraction thereof at
all times, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 716
(3) at least two direct-care staff persons on duty
and awake at all times.
6. a. On and after January 1, 2004, the State Department of
Health shall require a facility to maintain the shift-
based, staff-to-resident ratios provided in paragraph
3 of this subsection if the facility has been
determined by the Department to be deficient with
regard to:
(1) the provisions of paragraph 3 of this subsection,
(2) fraudulent reporting of staffing on the Quality
of Care Report, or
(3) a complaint or survey investigation that has
determined substandard quality of care as a
result of insufficient staffing.
b. The Department shall require a facility described in
subparagraph a of this paragraph to achieve and
maintain the shift-based, staff-to-resident ratios
provided in paragraph 3 of this subsection for a
minimum of three (3) months before being considered
eligible to implement twenty-four-hour-based staff
scheduling as defined in subparagraph c of paragraph 5
of this subsection.
c. Upon a subsequent determination by the Department that
the facility has achieved and maintained for at least
three (3) months the shift-based, staff-to-resident
ratios described in paragraph 3 of this subsection,
and has corrected any deficiency described in
subparagraph a of this paragraph, the Department shall
notify the facility of its eligibility to implement
twenty-four-hour-based staff-scheduling privileges.
7. a. For facilities that utilize twenty-four-hour-based
staff-scheduling privileges, the Department shall
monitor and evaluate facility compliance with the
twenty-four-hour-based staff-scheduling staffing
provisions of paragraph 5 of this subsection through
reviews of monthly staffing reports, results of
complaint investigations and inspections.
b. If the Department identifies any quality-of-care
problems related to insufficient staffing in such
facility, the Department shall issue a directed plan
of correction to the facility found to be out of
compliance with the provisions of this subsection.
c. In a directed plan of correction, the Department shall
require a facility described in subparagraph b of this
paragraph to maintain shift-based, staff-to-resident
ratios for the following periods of time:
Oklahoma Statutes - Title 63. Public Health and Safety Page 717
(1) the first determination shall require that shift-
based, staff-to-resident ratios be maintained
until full compliance is achieved,
(2) the second determination within a two-year period
shall require that shift-based, staff-to-resident
ratios be maintained for a minimum period of
twelve (12) months, and
(3) the third determination within a two-year period
shall require that shift-based, staff-to-resident
ratios be maintained. The facility may apply for
permission to use twenty-four-hour staffing
methodology after two (2) years.
C. Effective September 1, 2002, facilities shall post the names
and titles of direct-care staff on duty each day in a conspicuous
place, including the name and title of the supervising nurse.
D. The State Commissioner of Health shall promulgate rules
prescribing staffing requirements for Intermediate Care Facilities
for Individuals with Intellectual Disabilities serving six or fewer
clients (ICFs/IID-6) and for Intermediate Care Facilities for
Individuals with Intellectual Disabilities serving sixteen or fewer
clients (ICFs/IID-16).
E. Facilities shall have the right to appeal and to the
informal dispute resolution process with regard to penalties and
sanctions imposed due to staffing noncompliance.
F. 1. When the state Medicaid program reimbursement rate
reflects the sum of Ninety-four Dollars and eleven cents ($94.11),
plus the increases in actual audited costs over and above the actual
audited costs reflected in the cost reports submitted for the most
current cost-reporting period and the costs estimated by the
Oklahoma Health Care Authority to increase the direct-care, flexible
staff-scheduling staffing level from two and eighty-six one-
hundredths (2.86) hours per day per occupied bed to three and two-
tenths (3.2) hours per day per occupied bed, all nursing facilities
subject to the provisions of the Nursing Home Care Act and
Intermediate Care Facilities for Individuals with Intellectual
Disabilities (ICFs/IID) with seventeen or more beds, in addition to
other state and federal requirements related to the staffing of
nursing facilities, shall maintain direct-care, flexible staff-
scheduling staffing levels based on an overall three and two-tenths
(3.2) hours per day per occupied bed.
2. When the state Medicaid program reimbursement rate reflects
the sum of Ninety-four Dollars and eleven cents ($94.11), plus the
increases in actual audited costs over and above the actual audited
costs reflected in the cost reports submitted for the most current
cost-reporting period and the costs estimated by the Oklahoma Health
Care Authority to increase the direct-care flexible staff-scheduling
staffing level from three and two-tenths (3.2) hours per day per
Oklahoma Statutes - Title 63. Public Health and Safety Page 718
occupied bed to three and eight-tenths (3.8) hours per day per
occupied bed, all nursing facilities subject to the provisions of
the Nursing Home Care Act and Intermediate Care Facilities for
Individuals with Intellectual Disabilities (ICFs/IID) with seventeen
or more beds, in addition to other state and federal requirements
related to the staffing of nursing facilities, shall maintain
direct-care, flexible staff-scheduling staffing levels based on an
overall three and eight-tenths (3.8) hours per day per occupied bed.
3. When the state Medicaid program reimbursement rate reflects
the sum of Ninety-four Dollars and eleven cents ($94.11), plus the
increases in actual audited costs over and above the actual audited
costs reflected in the cost reports submitted for the most current
cost-reporting period and the costs estimated by the Oklahoma Health
Care Authority to increase the direct-care, flexible staff-
scheduling staffing level from three and eight-tenths (3.8) hours
per day per occupied bed to four and one-tenth (4.1) hours per day
per occupied bed, all nursing facilities subject to the provisions
of the Nursing Home Care Act and Intermediate Care Facilities for
Individuals with Intellectual Disabilities (ICFs/IID) with seventeen
or more beds, in addition to other state and federal requirements
related to the staffing of nursing facilities, shall maintain
direct-care, flexible staff-scheduling staffing levels based on an
overall four and one-tenth (4.1) hours per day per occupied bed.
4. The Commissioner shall promulgate rules for shift-based,
staff-to-resident ratios for noncompliant facilities denoting the
incremental increases reflected in direct-care, flexible staff-
scheduling staffing levels.
5. In the event that the state Medicaid program reimbursement
rate for facilities subject to the Nursing Home Care Act, and
Intermediate Care Facilities for Individuals with Intellectual
Disabilities (ICFs/IID) having seventeen or more beds is reduced
below actual audited costs, the requirements for staffing ratio
levels shall be adjusted to the appropriate levels provided in
paragraphs 1 through 4 of this subsection.
G. For purposes of this subsection:
1. "Direct-care staff" means any nursing or therapy staff who
provides direct, hands-on care to residents in a nursing facility;
2. Prior to September 1, 2003, activity and social services
staff who are not providing direct, hands-on care to residents may
be included in the direct-care-staff-to-resident ratio in any shift.
On and after September 1, 2003, such persons shall not be included
in the direct-care-staff-to-resident ratio, regardless of their
licensure or certification status; and
3. The administrator shall not be counted in the direct-care-
staff-to-resident ratio regardless of the administrator's licensure
or certification status.
Oklahoma Statutes - Title 63. Public Health and Safety Page 719
H. 1. The Oklahoma Health Care Authority shall require all
nursing facilities subject to the provisions of the Nursing Home
Care Act and Intermediate Care Facilities for Individuals with
Intellectual Disabilities (ICFs/IID) with seventeen or more beds to
submit a monthly report on staffing ratios on a form that the
Authority shall develop.
2. The report shall document the extent to which such
facilities are meeting or are failing to meet the minimum direct-
care-staff-to-resident ratios specified by this section. Such
report shall be available to the public upon request.
3. The Authority may assess administrative penalties for the
failure of any facility to submit the report as required by the
Authority. Provided, however:
a. administrative penalties shall not accrue until the
Authority notifies the facility in writing that the
report was not timely submitted as required, and
b. a minimum of a one-day penalty shall be assessed in
all instances.
4. Administrative penalties shall not be assessed for
computational errors made in preparing the report.
5. Monies collected from administrative penalties shall be
deposited in the Nursing Facility Quality of Care Fund and utilized
for the purposes specified in the Oklahoma Healthcare Initiative
Act.
I. 1. All entities regulated by this state that provide long-
term care services shall utilize a single assessment tool to
determine client services needs. The tool shall be developed by the
Oklahoma Health Care Authority in consultation with the State
Department of Health.
2. a. The Oklahoma Nursing Facility Funding Advisory
Committee is hereby created and shall consist of the
following:
(1) four members selected by the Oklahoma Association
of Health Care Providers,
(2) three members selected by the Oklahoma
Association of Homes and Services for the Aging,
and
(3) two members selected by the State Council on
Aging.
The Chair shall be elected by the committee. No state
employees may be appointed to serve.
b. The purpose of the advisory committee will be to
develop a new methodology for calculating state
Medicaid program reimbursements to nursing facilities
by implementing facility-specific rates based on
expenditures relating to direct care staffing. No
nursing home will receive less than the current rate
Oklahoma Statutes - Title 63. Public Health and Safety Page 720
at the time of implementation of facility-specific
rates pursuant to this subparagraph.
c. The advisory committee shall be staffed and advised by
the Oklahoma Health Care Authority.
d. The new methodology will be submitted for approval to
the Board of the Oklahoma Health Care Authority by
January 15, 2005, and shall be finalized by July 1,
2005. The new methodology will apply only to new
funds that become available for Medicaid nursing
facility reimbursement after the methodology of this
paragraph has been finalized. Existing funds paid to
nursing homes will not be subject to the methodology
of this paragraph. The methodology as outlined in
this paragraph will only be applied to any new funding
for nursing facilities appropriated above and beyond
the funding amounts effective on January 15, 2005.
e. The new methodology shall divide the payment into two
components:
(1) direct care which includes allowable costs for
registered nurses, licensed practical nurses,
certified medication aides and certified nurse
aides. The direct care component of the rate
shall be a facility-specific rate, directly
related to each facility's actual expenditures on
direct care, and
(2) other costs.
f. The Oklahoma Health Care Authority, in calculating the
base year prospective direct care rate component,
shall use the following criteria:
(1) to construct an array of facility per diem
allowable expenditures on direct care, the
Authority shall use the most recent data
available. The limit on this array shall be no
less than the ninetieth percentile,
(2) each facility's direct care base-year component
of the rate shall be the lesser of the facility's
allowable expenditures on direct care or the
limit,
(3) other rate components shall be determined by the
Oklahoma Nursing Facility Funding Advisory
Committee in accordance with federal regulations
and requirements,
(4) prior to July 1, 2020, the Authority shall seek
federal approval to calculate the upper payment
limit under the authority of CMS utilizing the
Medicare equivalent payment rate, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 721
(5) if Medicaid payment rates to providers are
adjusted, nursing home rates and Intermediate
Care Facilities for Individuals with Intellectual
Disabilities (ICFs/IID) rates shall not be
adjusted less favorably than the average
percentage-rate reduction or increase applicable
to the majority of other provider groups.
g. (1) Effective October 1, 2019, if sufficient funding
is appropriated for a rate increase, a new
average rate for nursing facilities shall be
established. The rate shall be equal to the
statewide average cost as derived from audited
cost reports for SFY 2018, ending June 30, 2018,
after adjustment for inflation. After such new
average rate has been established, the facility
specific reimbursement rate shall be as follows:
(a) amounts up to the existing base rate amount
shall continue to be distributed as a part
of the base rate in accordance with the
existing State Plan, and
(b) to the extent the new rate exceeds the rate
effective before the effective date of this
act, fifty percent (50%) of the resulting
increase on October 1, 2019, shall be
allocated toward an increase of the existing
base reimbursement rate and distributed
accordingly. The remaining fifty percent
(50%) of the increase shall be allocated in
accordance with the currently approved 70/30
reimbursement rate methodology as outlined
in the existing State Plan.
(2) Any subsequent rate increases, as determined
based on the provisions set forth in this
subparagraph, shall be allocated in accordance
with the currently approved 70/30 reimbursement
rate methodology. The rate shall not exceed the
upper payment limit established by the Medicare
rate equivalent established by the federal CMS.
h. Effective October 1, 2019, in coordination with the
rate adjustments identified in the preceding section,
a portion of the funds shall be utilized as follows:
(1) effective October 1, 2019, the Oklahoma Health
Care Authority shall increase the personal needs
allowance for residents of nursing homes and
Intermediate Care Facilities for Individuals with
Intellectual Disabilities (ICFs/IID) from Fifty
Dollars ($50.00) per month to Seventy-five
Oklahoma Statutes - Title 63. Public Health and Safety Page 722
Dollars ($75.00) per month per resident. The
increase shall be funded by Medicaid nursing home
providers, by way of a reduction of eighty-two
cents ($0.82) per day deducted from the base
rate. Any additional cost shall be funded by the
Nursing Facility Quality of Care Fund, and
(2) effective January 1, 2020, all clinical employees
working in a licensed nursing facility shall be
required to receive at least four (4) hours
annually of Alzheimer's or dementia training, to
be provided and paid for by the facilities.
3. The Department of Human Services shall expand its statewide
toll-free, Senior-Info Line for senior citizen services to include
assistance with or information on long-term care services in this
state.
4. The Oklahoma Health Care Authority shall develop a nursing
facility cost-reporting system that reflects the most current costs
experienced by nursing and specialized facilities. The Oklahoma
Health Care Authority shall utilize the most current cost report
data to estimate costs in determining daily per diem rates.
5. The Oklahoma Health Care Authority shall provide access to
the detailed Medicaid payment audit adjustments and implement an
appeal process for disputed payment audit adjustments to the
provider. Additionally, the Oklahoma Health Care Authority shall
make sufficient revisions to the nursing facility cost reporting
forms and electronic data input system so as to clarify what
expenses are allowable and appropriate for inclusion in cost
calculations.
J. 1. When the state Medicaid program reimbursement rate
reflects the sum of Ninety-four Dollars and eleven cents ($94.11),
plus the increases in actual audited costs, over and above the
actual audited costs reflected in the cost reports submitted for the
most current cost-reporting period, and the direct-care, flexible
staff-scheduling staffing level has been prospectively funded at
four and one-tenth (4.1) hours per day per occupied bed, the
Authority may apportion funds for the implementation of the
provisions of this section.
2. The Authority shall make application to the United States
Centers for Medicare and Medicaid Service for a waiver of the
uniform requirement on health-care-related taxes as permitted by
Section 433.72 of 42 C.F.R.
3. Upon approval of the waiver, the Authority shall develop a
program to implement the provisions of the waiver as it relates to
all nursing facilities.
Added by Laws 2000, c. 340, § 4, eff. July 1, 2000. Amended by Laws
2001, c. 428, § 7, emerg. eff. June 5, 2001; Laws 2002, c. 22, § 22,
emerg. eff. March 8, 2002; Laws 2002, c. 470, § 1, eff. July 1,
Oklahoma Statutes - Title 63. Public Health and Safety Page 723
2002; Laws 2004, c. 294, § 1, emerg. eff. May 11, 2004; Laws 2005,
c. 216, § 1, eff. Nov. 1, 2005; Laws 2019, c. 489, § 3, eff. Oct. 1,
2019; Laws 2020, c. 161, § 55, emerg. eff. May 21, 2020.
NOTE: Laws 2001, c. 331, § 2 repealed by Laws 2002, c. 22, § 34,
emerg. eff. March 8, 2002. Laws 2019, c. 475, § 48 repealed by Laws
2020, c. 161, § 56, emerg. eff. May 21, 2020.
§63-1-1925.2A. Annual budget request — Supplemental item for new
state and federal funding for reimbursing nursing facilities and
intermediate care facilities.
A. The Oklahoma Health Care Authority in its annual budget
request submitted pursuant to Section 34.36 of Title 62 of the
Oklahoma Statutes shall include a supplemental item reflecting the
new state and federal funding necessary to meet the additional costs
associated with reimbursing nursing facilities and intermediate care
facilities for individuals with intellectual disabilities at the
most recent audited cost.
B. Audited cost shall be calculated by using the latest cost
report submitted to the Oklahoma Health Care Authority.
Added by Laws 2025, c. 231, § 1, eff. Nov. 1, 2025.
§63-1-1925.3. Repealed by Laws 2002, c. 112, § 10, eff. Dec. 31,
2002.
§63-1-1925.4. Disaster and emergency evacuation plans - Disclosure.
A. Upon admittance into the facility, nursing facilities and
specialized facilities that do not have emergency power generators
available or a written disaster plan on file during an emergency
situation shall provide a written disclosure to any resident or
resident's caregiver stating that the facility does not have either
a generator available or a written disaster plan on file during an
emergency situation.
B. All nursing facilities, assisted living centers, residential
care homes and specialized facilities shall have an emergency
evacuation plan in place. Such plan shall be coordinated and on
file at the local emergency management agency. Such plan shall also
be filed with the State Department of Health.
C. For purposes of this section, “assisted living center” shall
have the same meaning as specified in Section 1-890.2 of Title 63 of
the Oklahoma Statutes, and "nursing facility", “residential care
home” and "specialized facility" shall have the same meaning as
specified in Section 1-1902 of Title 63 of the Oklahoma Statutes.
D. The State Board of Health may promulgate rules as necessary
to implement the provisions of this section, including, but not
limited to, requirements for disclosure and enforcement.
Added by Laws 2012, c. 265, § 1, eff. Nov. 1, 2012.
Oklahoma Statutes - Title 63. Public Health and Safety Page 724
§63-1-1926. Involuntary transfer or discharge of resident -
Grounds.
A facility shall not involuntarily transfer or discharge a
resident except for medical reasons, for the resident's safety or
for the safety of other residents, or for nonpayment for the
resident's stay, unless limited by the Federal Social Security Act.
Laws 1980, c. 241, § 26, eff. Oct. 1, 1980.
§63-1-1927. Notice of involuntary transfer or discharge.
Involuntary transfer or discharge of a resident from a facility
shall be preceded by a minimum written notice of ten (10) days. The
ten day requirement shall notapply in any of the following
instances:
1. When an emergency transfer or discharge is mandated by the
resident's health care needs and is in accordance with the written
orders and medical justification of the attending physician; or
2. When the transfer or discharge is necessary for the physical
safety of other residents as documented in the clinical record.
Added by Laws 1980, c. 241, § 27, eff. Oct. 1, 1980.
§63-1-1928. Rules and regulations for transfer of residents by
facility or home.
The Department shall develop reasonable rules and regulations
that establish appropriate criteria for the transfer of residents
initiated by a facility or a residential care home, including notice
and hearings if the resident is aggrieved by the decision. The
primary purpose and emphasis of the departmental rules and
regulations shall be the preservation of the health, welfare, and
safety of the residents.
The process of developing these rules and regulations shall
include the consideration of advice and comments from the Long-Term
Care Facility Advisory Board, representatives of nursing homes,
residential care homes, and representatives of statewide
organizations for the elderly.
Amended by Laws 1984, c. 128, § 6, eff. Nov. 1, 1984; Laws 1987, c.
98, § 28, emerg. eff. May 20, 1987.
§63-1-1929. Rules and regulations for transfer of resident by
Department.
The Department shall develop reasonable rules and regulations
that establish appropriate criteria for the transfer of residents
initiated by the Department in emergency situations, including
notice and hearings if the resident is aggrieved by the decision.
The primary purpose and emphasis of the departmental rules and
regulations shall be the preservation of the health, welfare, and
safety of the residents. In addition, the Department of Human
Services shall cooperate with the Health Department and the
Oklahoma Statutes - Title 63. Public Health and Safety Page 725
Department of Mental Health and Substance Abuse Services to provide
assistance in relocation of residents, to provide casework services,
and in other ways to minimize the impact of the transfer on the
residents.
In the development of these rules and regulations, the
Department shall consider advice and comments from the Long-Term
Care Facility Advisory Board, representatives of the nursing home
residential care home industries, and representatives of statewide
organizations for the elderly.
Amended by Laws 1984, c. 128, § 7, eff. Nov. 1, 1984; Laws 1987, c.
98, § 29, emerg. eff. May 20, 1987; Laws 1990, c. 51, § 128, emerg.
eff. April 9, 1990.
§63-1-1930. Voluntary closing of facility - Notice - Alternative
placement of residents - Relocation assistance.
Any owner of a facility licensed under this act shall give
ninety (90) days' notice prior to voluntarily closing a facility or
closing any part of a facility, or prior to closing any part of a
facility if closing such part will require the transfer or discharge
of more than ten percent (10%) of the residents. Such notice shall
be given to the Department, to any resident who must be transferred
or discharged, to the resident's representative, and to a member of
the resident's family, where practicable. Notice shall state the
proposed date of closing and the reason for closing. The facility
shall offer to assist the resident in securing an alternative
placement and shall advise the resident on available alternatives.
Where the resident is unable to choose an alternative placement and
is not under guardianship, the Department shall be notified of the
need for relocation assistance. The facility shall comply with all
applicable laws and regulations until the date of closing, including
those related to transfer or discharge of residents. The Department
may place a relocation team in the facility if needed. Also, the
Department may promulgate rules and regulations that establish
criteria for the acceleration of the notice requirement if
extraordinary circumstances warrant it.
Laws 1980, c. 241, § 30, eff. Oct. 1, 1980.
§63-1-1930.1. Notification of Department of certain events.
A. The owner of a nursing facility shall notify the State
Department of Health within twenty-four (24) hours of the occurrence
of any of the events specified in subsection B of this section.
Such notification may be in written form. When initial notification
to the Department is made by telephone or telephone facsimile, it
shall be followed by a written confirmation within five (5) calendar
days.
Oklahoma Statutes - Title 63. Public Health and Safety Page 726
B. The occurrence of any of the following events shall require
notification pursuant to the provisions of subsection A of this
section:
1. The owner of a facility receives notice that a judgment or
tax lien has been levied against the facility or any of the assets
of the facility or the licensee;
2. A financial institution refuses to honor a check or other
instrument issued by the owner, operator or manager to its employees
for a regular payroll;
3. The supplies, including food items and other perishables, on
hand in the facility fall below the minimum specified in the Nursing
Home Care Act or rules promulgated thereto by the State Board of
Health;
4. The owner, operator or manager fails to make timely payment
of any tax of any governmental agency;
5. The filing of a bankruptcy petition under Title 7 or Title
11 of the United States Code or any other laws of the United States,
by any person or entity with a controlling interest in the facility;
6. The appointment of a trustee by the bankruptcy court; and
7. The filing of a petition in any jurisdiction by any person
seeking appointment of a receiver for the facility.
Added by Laws 2002, c. 230, § 10, eff. Nov. 1, 2002. Amended by
Laws 2003, c. 429, § 1, emerg. eff. June 6, 2003.
§63-1-1930.2. Petition to place facility under control of receiver
– Hearing - Emergency hearing - Ex parte receivership.
A. Whenever a determination is made that one of the following
conditions exists, the State Commissioner of Health shall take
whatever steps necessary to protect the health, welfare and safety
of the residents including, if necessary, petitioning the court to
place the facility under the control of a receiver to ensure that
the residents receive adequate care:
1. The facility is operating without a license;
2. The State Department of Health has suspended, revoked or
refused to renew the existing license of the facility;
3. The facility is closing or has informed the Department that
it intends to close and adequate arrangements for relocation of
residents have not been made at least thirty (30) days prior to
closure;
4. An emergency exists, whether or not the Department has
initiated revocation or nonrenewal procedures, if because of the
unwillingness or inability of the licensee to remedy the emergency,
the appointment of a receiver is necessary; or
5. It is necessary to ensure that the residents get adequate
care in a situation in which the residents' health and safety are
threatened.
Oklahoma Statutes - Title 63. Public Health and Safety Page 727
B. The court shall hold a hearing within five (5) days of the
filing of the petition. The petition and notice of the hearing
shall be served on the owner, administrator or designated agent of
the facility and the petition and notice of hearing shall be posted
in a conspicuous place in the facility not later than three (3) days
before the time specified for the hearing, unless a different time
limit is fixed by order of the court. The court shall appoint a
receiver for a limited time period, not to exceed one hundred eighty
(180) days, which shall automatically terminate the receivership
unless extended by the court.
C. If a petition filed under this section alleges an emergency
exists, the court may set the matter for hearing at the earliest
possible time. The petitioner shall notify the licensee,
administrator of the facility or registered agent of the licensee
more than five (5) days prior to the hearing. Any form of written
notice may be used. A receivership shall not be established ex
parte by the court unless the Commissioner, under oath, has provided
a statement that the Commissioner has personally determined that
there is a life-endangering situation. A waiver of the five-day
notice requirement may be approved by the court in life-endangering
situations as determined and confirmed under oath, by the
Commissioner.
Added by Laws 2002, c. 230, § 11, eff. Nov. 1, 2002.
§63-1-1930.3. Powers and duties of receiver – Liability - Limited
duration license.
A. The court may appoint any qualified person as a receiver,
except it shall not appoint any owner or affiliate of the facility
which is in receivership as its receiver. The State Department of
Health shall maintain a list of such persons to operate facilities
which the court may consider.
B. The receiver shall make provisions for the continued health,
safety and welfare of all residents of the facility.
C. A receiver appointed under this section shall exercise those
powers and shall perform those duties set out by the court. These
powers and duties may include those generally ascribed to receivers
and receiverships and may also include the powers and duties of
trustees under the 1978 Bankruptcy Code. The court shall provide
for the receiver to have sufficient power and duties to ensure that
the residents receive adequate care.
D. All funds due to the facility from any source during the
pendency of the receivership shall be made available to the receiver
who shall use the funds to assure the health and safety of the
facility’s residents.
E. A receiver may be held liable in a personal capacity only
for the receiver’s own gross negligence, intentional acts or
breaches of fiduciary duty.
Oklahoma Statutes - Title 63. Public Health and Safety Page 728
F. Other provisions of this section notwithstanding, the
Department may issue a license to a facility placed in receivership.
The duration of a license issued under this section is limited to
the duration of the receivership.
Added by Laws 2002, c. 230, § 12, eff. Nov. 1, 2002.
§63-1-1930.4. Termination of receivership.
A. The court may terminate a receivership:
1. If the time period specified in the order appointing the
receiver elapses and is not extended;
2. If the court determines that the receivership is no longer
necessary because the conditions which gave rise to the receivership
no longer exist or the State Department of Health grants the
facility a new license; or
3. If all of the residents in the facility have been
transferred or discharged.
B. 1. Within thirty (30) days after termination, the receiver
shall give the court a complete accounting of all property of which
the receiver has taken possession, of all funds collected, and of
the expenses of the receivership.
2. If the operating funds exceed the reasonable expenses of the
receivership, the court shall order payment of the surplus to the
owner. If the operating funds are insufficient to cover the
reasonable expenses of the receivership, the owner shall be liable
for the deficiency.
3. The Department shall have a lien for any payment made to the
receiver upon any beneficial interest, direct or indirect, of any
owner in the following property:
a. the building in which the facility is located,
b. any fixtures, equipment or goods used in the operation
of the facility,
c. the land on which the facility is located, or
d. the proceeds from any conveyance of property described
in subparagraph a, b or c of this paragraph, made by
the owner within one (1) year prior to the filing of
the petition for receivership.
4. The receiver shall, within sixty (60) days after termination
of the receivership, file a notice of any lien created under this
section.
Added by Laws 2002, c. 230, § 13, eff. Nov. 1, 2002.
§63-1-1930.5. Liability of facility owner, administrator or
employee notwithstanding receivership.
Notwithstanding the general rules of receiverships and trustees,
nothing in Sections 10 through 13 of this act shall be deemed to
relieve any owner, administrator or employee of a facility placed in
receivership of any civil or criminal liability incurred, or any
Oklahoma Statutes - Title 63. Public Health and Safety Page 729
duty imposed by law, by reason of acts or omissions of the owner,
administrator or employee prior to the appointment of a receiver;
provided, that nothing contained in this act shall be construed to
suspend during the receivership any obligation of the owner,
administrator or employee for payment of taxes or other operating
and maintenance expenses of the facility or of the owner,
administrator, employee or any other person for the payment of
mortgage or liens. The owner shall retain the right to sell or
mortgage any facility under receivership, subject to approval of the
court which ordered the receivership.
Added by Laws 2002, c. 230, § 14, eff. Nov. 1, 2002.
§63-1-1931. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995.
§63-1-1932. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995.
§63-1-1933. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995.
§63-1-1934. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995.
§63-1-1935. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995.
§63-1-1936. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995.
§63-1-1937. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995.
§63-1-1938. Repealed by Laws 1995, c. 230, § 21, eff. July 1, 1995.
§63-1-1939. Liability to residents - Injunctive and declaratory
relief - Damages - Waiver of rights - Jury trial - Retaliation
against residents - Immunity - Report of abuse or neglect and other
serious incidents.
A. The owner and licensee are liable to a resident for any
intentional or negligent act or omission of their agents or
employees which injures the resident. In addition, any state
employee that aids, abets, assists, or conspires with an owner or
licensee to perform an act that causes injury to a resident shall be
individually liable.
B. A resident may maintain an action under the Nursing Home
Care Act for any other type of relief, including injunctive and
declaratory relief, permitted by law.
C. Any damages recoverable under this section, including
minimum damages as provided by this section, may be recovered in any
action which a court may authorize to be brought as a class action.
The remedies provided in this section, are in addition to and
cumulative with any other legal remedies available to a resident.
Oklahoma Statutes - Title 63. Public Health and Safety Page 730
Exhaustion of any available administrative remedies shall not be
required prior to commencement of suit hereunder.
D. Any waiver by a resident or the legal representative of the
resident of the right to commence an action under this section,
whether oral or in writing, shall be null and void, and without
legal force or effect.
E. Any party to an action brought under this section shall be
entitled to a trial by jury and any waiver of the right to a trial
by a jury, whether oral or in writing, prior to the commencement of
an action, shall be null and void, and without legal force or
effect.
F. A licensee or its agents or employees shall not transfer,
discharge, evict, harass, dismiss or retaliate against a resident, a
resident's guardian or an employee or agent who makes a report,
brings, or testifies in, an action under this section, or files a
complaint because of a report, testimony or complaint.
G. Any person, institution or agency, under the Nursing Home
Care Act, participating in good faith in the making of a report, or
in the investigation of such a report shall not be deemed to have
violated any privileged communication and shall have immunity from
any liability, civil or criminal, or any other proceedings, civil or
criminal, as a consequence of making such report. The good faith of
any persons required, or permitted to report cases of suspected
resident abuse or neglect under this act shall be presumed.
H. A facility employee or agent who becomes aware of abuse,
neglect or exploitation of a resident prohibited by the Nursing Home
Care Act shall immediately report the matter to the facility
administrator. A facility administrator who becomes aware of abuse,
neglect, or exploitation of a resident shall immediately act to
rectify the problem and shall make a report of the incident and its
correction to the Department.
I. 1. The facility shall be responsible for reporting the
following serious incidents to the Department within twenty-four
(24) hours:
a. communicable diseases,
b. deaths by unusual occurrence, including accidental
deaths or deaths other than by natural causes, and
deaths that may be attributed to a medical device,
c. missing residents. In addition, the facility shall
make a report to local law enforcement agencies within
two (2) hours if the resident is still missing,
d. situations arising where a rape or a criminal act is
suspected. Such situations shall also be reported to
local law enforcement immediately. The facility shall
make every effort to preserve the scene of the
suspected rape or crime until local law enforcement
has arrived, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 731
e. resident abuse, neglect and misappropriation of the
property of a resident.
2. All other incident reports shall be made in accordance with
federal law.
3. All initial written reports of incidents or situations shall
be mailed to the Department within five (5) working days after the
incident or situation. The final report shall be filed with the
Department when the full investigation is complete.
Added by Laws 1980, c. 241, § 39, eff. Oct. 1, 1980. Amended by
Laws 2003, c. 429, § 2, emerg. eff. June 6, 2003; Laws 2010, c. 221,
§ 1, eff. Nov. 1, 2010.
§63-1-1940. Violations declared public nuisance - Injunction -
Complaints.
A. The operation or maintenance of a facility in violation of
the Nursing Home Care Act or rules promulgated by the State Board of
Health, pursuant thereto, is hereby declared a public nuisance,
inimical to the public welfare.
B. The State Commissioner of Health or the Department of Human
Services, in the name of the people of the state, through the
Attorney General, or the district attorney of the county in which
the facility is located, may, in addition to other remedies herein
provided, bring action for an injunction to restrain such violation
or to enjoin the future operation or maintenance of any such
facility.
C. 1. Any person with personal knowledge or substantial
specific information who believes that the Nursing Home Care Act, a
rule promulgated thereto, or a federal certification rule applying
to a facility may have been violated may file a complaint.
2. The complaint may be submitted to the State Department of
Health, in writing, by telephone, or personally. An oral complaint
shall be reduced to writing by the Department.
3. Any person who willfully or recklessly makes a false
complaint or a report without a reasonable basis in fact for such a
complaint, under the provisions of the Nursing Home Care Act, shall
be liable in a civil suit for any actual damages suffered by a
facility for any punitive damages set by the court or jury which may
be allowed in the discretion of the court or jury when deemed proper
by the court or jury.
4. The substance of the complaint shall be provided to the
licensee, owner or administrator no earlier than at the commencement
of the on-site inspection of the facility which takes place pursuant
to the complaint.
5. Upon receipt of a complaint pursuant to this subsection, the
Department shall determine whether the Nursing Home Care Act, a rule
promulgated pursuant thereto, or a federal certification rule for
facilities has been or is being violated and whether the Department
Oklahoma Statutes - Title 63. Public Health and Safety Page 732
has jurisdiction over the complaint area. If the Department does
not have jurisdiction over the complaint area, the complaint shall
not be investigated by the Department and notice of the decision not
to investigate shall be given to the complainant. The complaint
shall be immediately referred to the appropriate agency having
jurisdiction over the complaint area. A report summarizing the
complaint investigation shall be made in writing. The Department
shall give priority to investigations of complaints which allege
continuing violations or which threaten the health and safety of
residents.
6. In all cases, the Department shall inform the complainant of
its findings within ten (10) working days of its determination
unless otherwise indicated by the complainant. The complainant may
direct the Department to send a copy of such findings to one other
person. The notice of such findings shall include a copy of the
written determination, the remedial action taken, if any, and the
state licensure or federal certification, or both, on which the
violation is listed.
D. 1. Upon receipt of a complaint submitted to the State
Department of Health by the Department of Human Services or the
Attorney General which alleges a violation of the Nursing Home Care
Act, any rule promulgated thereto, or federal certification rules,
and which also alleges that such violation is a serious threat to
the health, safety and welfare of a resident of a nursing facility,
the State Department of Health shall take immediate action to remedy
the violation based upon the complaint of the Department of Human
Services.
2. The Department of Human Services or the Attorney General as
applicable shall be deemed a party pursuant to the Administrative
Procedures Act for purposes of any complaint made by the Department
of Human Services or the Attorney General as applicable to the State
Department of Health for violations of the Nursing Home Care Act,
rules promulgated thereto or federal certification rules.
a. Within thirty (30) days of receipt of a final
investigative report submitted by the Department of
Human Services or the Attorney General as applicable
pursuant to this section, the State Department of
Health shall provide the Department of Human Services
with a written summary of any action taken pertaining
to the complaint including, but not limited to, any
inspection or actions which may be taken by the State
Department of Health.
b. Whenever the Department of Human Services or the
Attorney General as applicable believes that the
conditions giving rise to a complaint alleging a
serious threat to the health, safety and welfare of a
resident of a nursing facility have not been
Oklahoma Statutes - Title 63. Public Health and Safety Page 733
adequately addressed, the Department of Human Services
may request a hearing on the complaint as provided by
Section 309 of Title 75 of the Oklahoma Statutes.
E. A written determination, notice of violation and remedial
action taken concerning a complaint shall be available for public
inspection at the facility.
F. The Department shall seek any remedial action provided under
the Nursing Home Care Act for violations documented during complaint
investigations.
G. The State Board of Health shall promulgate rules governing
the receipt, investigation and resolution of complaints and reports
of violations. The rules promulgated by the Board shall provide for
the expeditious investigation and resolution of a complaint or
report including, but not limited to:
1. An easily understood and readily accessible method of
submitting complaints and reports regarding complaints;
2. Actions to be taken upon the receipt of a complaint or
report of a complaint;
3. Establishing a priority for investigations of complaints.
Specifically, the Department shall give higher priority to
investigations of complaints which allege continuing violations or
which threaten the health, safety or welfare of residents;
4. The timely investigation of the complaint or report of a
complaint;
5. Written reports to the complainants or persons filing the
complaint report;
6. Any necessary or appropriate remedial action as determined
by the findings of the investigation;
7. The protection of the identity of the complainant, provided
that the person is a current or past resident or resident’s
representative or designated guardian or a current or past employee
of a facility;
8. Specific information to be included in investigative
protocols which must include at a minimum an interview with:
a. the complainant,
b. the resident, if possible, and
c. any potential witness, collateral resource or affected
resident; and
9. Any additional rules necessary for the timely and thorough
investigation and resolution of complaints.
H. The Department is authorized to employ hearing officers, and
hire attorneys to represent the Department and Commissioner to
ensure that this and other laws pertaining to the Department are
properly executed.
Added by Laws 1980, c. 241, § 40, eff. Oct. 1, 1980. Amended by
Laws 1995, c. 230, § 19, eff. July 1, 1995; Laws 2000, c. 340, § 17,
eff. July 1, 2000; Laws 2001, c. 379, § 1, emerg. eff. June 4, 2001.
Oklahoma Statutes - Title 63. Public Health and Safety Page 734
NOTE: Laws 2001, c. 393, § 4 repealed by Laws 2002, c. 22, § 34,
emerg. eff. March 8, 2002.
§63-1-1941. Copies of complaints, inspection or survey results to
Office of the State Long-Term Care Ombudsman.
All state agencies receiving complaints on, or conducting
surveys or inspections of, nursing home facilities shall forward
complete copies of complaints or of inspection or survey results to
the Office of the State Long-Term Care Ombudsman.
Added by Laws 1980, c. 241, § 41, eff. Oct. 1, 1980. Amended by
Laws 2024, c. 339, § 10, eff. Nov. 1, 2024.
§63-1-1942. Rules and regulations.
The Department shall have the power to adopt rules and
regulations in furtherance of the purpose of this act.
Laws 1980, c. 241, § 42, eff. Oct. 1, 1980.
§63-1-1943. Application of Administrative Procedure Act.
The provisions of the Oklahoma Administrative Procedures Act
shall apply to all administrative rules and procedures of the
Department under this act.
Laws 1980, c. 241, § 43, eff. Oct. 1, 1980.
§63-1-1943.1. Administrator of record for multiple facilities.
The State Department of Health may authorize long-term care
administrators to be the administrator of record for more than one
facility, provided that the facilities are within a fifty-mile
radius of each other, the sum total of the administrator’s
responsibility does not exceed more than one hundred twenty (120)
occupied beds, and each facility retains an assistant administrator.
This provision shall not apply to direct care staff.
Added by Laws 2007, c. 347, § 9, eff. Nov. 1, 2007.
§63-1-1944. Short title.
Sections 2 through 6 of this act shall be known and may be cited
as the “Long-term Care Security Act”.
Added by Laws 2005, c. 465, § 2, emerg. eff. June 9, 2005.
§63-1-1945. Definitions.
For purposes of the Long-term Care Security Act:
1. “Long-term care facility” means:
a. a nursing facility or specialized facility as defined
by Section 1-1902 of this title,
b. an adult day care center as defined by Section 1-872
of this title,
c. skilled nursing care provided in a distinct part of a
hospital as defined by Section 1-701 of this title,
Oklahoma Statutes - Title 63. Public Health and Safety Page 735
d. an assisted living center as defined by Section 1-
890.2 of this title,
e. the nursing care component of a continuum of care
facility as defined under the Continuum of Care and
Assisted Living Act,
f. the nursing care component of a life care community as
defined by the Long-term Care Insurance Act, or
g. a residential care home as defined by Section 1-820 of
this title;
2. “Ombudsman” means the individual employed by the Office of
the Attorney General as the State Long-Term Care Ombudsman;
3. “Nurse aide” means any person who provides, for
compensation, nursing care or health-related services to residents
in a nursing facility, a specialized facility, a residential care
home, continuum of care facility, assisted living center, or an
adult day care center and who is not a licensed health professional.
Such term also means any person who provides such services to
individuals in their own homes as an employee or contract provider
of a home health or home care agency, or as a contract provider of
the State Plan Personal Care Program of the state Medicaid program;
4. “Employer” means any of the following facilities, homes,
agencies, or programs which are subject to the provisions of Section
1-1947 of this title:
a. a nursing facility or specialized facility as such
terms are defined in the Nursing Home Care Act,
b. a residential care home as such term is defined by the
Residential Care Act,
c. an adult day care center as such term is defined in
the Adult Day Care Act,
d. an assisted living center as such term is defined by
the Continuum of Care and Assisted Living Act,
e. a continuum of care facility as such term is defined
by the Continuum of Care and Assisted Living Act,
f. a home health or home care agency,
g. the Department of Human Services, in its capacity as
an operator of any hospital or health care institution
or as a contractor with providers under the State Plan
Personal Care Program of the state Medicaid program,
h. a hospice agency as such term is defined in the
Oklahoma Hospice Licensing Act,
i. a Medicaid home- and community-based services waivered
provider as defined in Section 1915(c) or 1915(i) of
the federal Social Security Act,
j. a staffing agency with a contracted relationship to
provide staff with direct patient access to service
recipients of one or more of the other employers
listed in this paragraph, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 736
k. an independent contractor where the independent
contractor has a contracted relationship to provide
staff or services with direct patient access to
service recipients for one or more of the employers
listed in this paragraph;
5. “Home health or home care agency” means any person,
partnership, association, corporation, or other organization which
administers, offers, or provides health care services or supportive
assistance for compensation to three or more ill, disabled, or
infirm persons in the temporary or permanent residence of such
persons, and includes any subunits or branch offices of a parent
home health or home care agency;
6. “Bureau” means the Oklahoma State Bureau of Investigation;
7. “FBI” means the Federal Bureau of Investigation;
8. “Applicant” means an individual who applies for employment
with an employer, applies to work as an independent contractor to an
employer, applies to provide services to service recipients through
the granting of clinical privileges by an employer, or applies to a
nurse aide scholarship program;
9. “Direct patient access” means access to a service recipient
of an employer, through employment, independent contract, or the
granting of clinical privileges, in which the performance of duties
involves, or may involve one-on-one contact with a service recipient
of the employer on an ongoing basis. The term shall include access
to a service recipient's property, medical information, or financial
information. The term does not include a volunteer unless the
volunteer has duties that are equivalent to the duties of a direct
patient access employee and those duties involve one-on-one contact
with a service recipient of an employer, without line-of-sight
supervision by employer staff;
10. “Independent contract” means a contract entered into by an
employer with an individual who provides the contracted services
independently or a contract entered into by an employer with an
organization or agency that employs or contracts with an individual
after complying with the requirements of this section to provide the
contracted services to the employer on behalf of the organization or
agency;
11. “Medicare” means benefits under the Federal Medicare
Program established under Title XVIII of the Social Security Act,
Title 42 of the United States Code, Sections 1395 to 1395hhh;
12. “Registry screening” means a review of those registries
identified in subsection D of Section 1-1947 of this title;
13. “Department” means the State Department of Health;
14. “Nurse aide scholarship program” means a nurse aide
training program operated under contract with the Oklahoma Health
Care Authority for the purpose of providing free training to
Oklahoma Statutes - Title 63. Public Health and Safety Page 737
prospective nurse aides in exchange for employment in a SoonerCare
contracted facility; and
15. “Service recipient” means a patient, resident, participant,
consumer, client, or member receiving services from an employer.
Added by Laws 2005, c. 465, § 3, emerg. eff. June 9, 2005. Amended
by Laws 2012, c. 358, § 1, eff. Nov. 1, 2012; Laws 2024, c. 339, §
11, eff. Nov. 1, 2024.
§63-1-1946. Notification of sex or violent offender status.
A. 1. The Department of Corrections shall immediately notify
the State Department of Health of any person who is registered
pursuant to the Sex Offenders Registration Act or any person who is
registered pursuant to the Mary Rippy Violent Crime Offenders
Registration Act who is seeking placement from a Department of
Corrections facility to any long-term care facility in this state.
Upon receipt of such notification, the State Department of Health
shall notify the long-term care facility in which the sex offender
is seeking placement.
2. The State Board of Health shall promulgate rules requiring
long-term care facilities to determine from the local law
enforcement authority or the Department of Corrections the
registration status of the following individuals who are required to
register pursuant to the Sex Offenders Registration Act or the Mary
Rippy Violent Crime Offenders Registration Act:
a. an applicant for admission to a long-term care
facility,
b. a resident of a long-term care facility, and
c. an employee of a long-term care facility.
3. Once a long-term care facility is notified that an
individual who is required to register pursuant to the Sex Offenders
Registration Act or the Mary Rippy Violent Crime Offenders
Registration Act is residing at such facility, the facility shall
immediately in writing notify the State Department of Health.
B. Upon the effective date of this act, when the Department of
Corrections knows of an offender who is required to register
pursuant to the Sex Offenders Registration Act or the Mary Rippy
Violent Crime Offenders Registration Act is being released from
Department of Corrections jurisdiction, the Department of
Corrections shall immediately notify the State Department of Health.
Added by Laws 2005, c. 465, § 4, emerg. eff. June 9, 2005.
§63-1-1947. Employee background checks.
A. 1. The State Department of Health and the Department of
Human Services shall conduct criminal history background checks on
all current employees and applicants for employment of the State
Department of Health and Department of Human Services whose
responsibilities include working inside long-term care facilities on
Oklahoma Statutes - Title 63. Public Health and Safety Page 738
behalf of the State Department of Health or the Department of Human
Services.
2. A criminal history background check shall be conducted on
the following individuals whose responsibilities include working
inside long-term care facilities:
a. any current employee of or applicant for employment
with the State of Oklahoma,
b. any individual contracting with the State of Oklahoma,
c. any individual volunteering for a state-sponsored
program,
d. any individual contracting with the Department of
Human Services Advantage Waiver Program who enters any
long-term care facility,
e. any individual providing services to the disabled or
elderly in a facility or client’s home, and
f. any individual employed by or volunteering for the
State Long-term Care Ombudsman Program.
3. The State Department of Health and the Department of Human
Services shall not hire or continue employment of an individual that
has been convicted of the crimes listed in Section 1-1950.1 of this
title. The criminal history background checks required by this
section shall follow the requirements of Section 1-1950.1 of this
title.
B. The State Department of Health and the Department of Human
Services shall also submit a list of all employees of the State
Department of Health and the Department of Human Services who work
inside long-term care facilities to the Department of Corrections.
The Department of Corrections shall promptly notify the State
Department of Health and the Department of Human Services of any
employee who is required to register pursuant to the Sex Offenders
Registration Act or the Mary Rippy Violent Crime Offenders
Registration Act.
C. The State Department of Health shall conduct an employment
screening prior to an offer of employment to a Health Facilities
Surveyor applicant. Each applicant shall fully disclose all
employment history and professional licensure history, including
actions taken regarding licensure. The Department shall review the
compliance history of the facilities during the time of the
applicant’s employment. If the applicant served as Director of
Nursing or as an administrator during a survey that resulted in
substandard quality of care and the facility failed to achieve
compliance in an appropriate and timely manner, the applicant shall
not be considered for employment. The Department shall also review
professional licensure history of each applicant, including actions
to suspend or revoke licenses by the Board of Nursing Home
Administrators, Board of Nurse Licensure, or other applicable
related licenses. Failure to fully disclose employment history and
Oklahoma Statutes - Title 63. Public Health and Safety Page 739
professional licensure actions shall constitute grounds for
dismissal or prohibit employment as a surveyor.
D. Except as otherwise provided by subsection F of this
section, an employer shall not employ, independently contract with,
or grant clinical privileges to any individual who has direct
patient access to service recipients of the employer, if one or more
of the following are met:
1. If the results of a state and national criminal history
records check reveal that the subject person has failed to act in
conformity with all federal, state and municipal laws as applicable
to his or her professional license, certification, permit or
employment class, as established by the authority having
jurisdiction for the subject person’s professional license,
certification, permit, or employment class;
2. If the individual is currently subject to an exclusion as
described under Title 42 of the United States Code, Section 1320a-7;
3. If the individual is currently the subject of a
substantiated finding of neglect, abuse, verbal abuse,
misappropriation of property, maltreatment, or exploitation, by any
state or federal agency pursuant to an investigation conducted in
accordance with Title 42 of the United States Code, Section 1395i-
3(g)(1)(c) or 1396r(g)(1)(c), or Section 1-1950.7 or 1-1951 of this
title;
4. If the individual is entered on the community services
worker registry pursuant to Section 1025.3 of Title 56 of the
Oklahoma Statutes;
5. If the individual is recorded on the Child Care Restricted
Registry pursuant to Section 405.3 of Title 10 of the Oklahoma
Statutes;
6. If the individual is registered pursuant to the Sex
Offenders Registration Act, the Mary Rippy Violent Crime Offenders
Registration Act, or registered on another state’s sex offender
registry; or
7. If the individual has direct patient access in an employment
class not otherwise described in this subsection and is subject to a
disqualifying condition identified in subsection B of Section 1-
1950.1 of this title.
E. If the results of a registry screening or criminal history
check reveal that an employee or a person hired, contracted with, or
granted clinical privileges on a temporary basis pursuant to
subsection L of this section has been disqualified pursuant to
subsection D of this section, the Department shall advise the
employer or requesting agency to immediately terminate the person’s
employment or contract.
F. Except as otherwise provided in subsection L of this
section, an employer shall not employ, independently contract with,
or grant privileges to, an individual who regularly has direct
Oklahoma Statutes - Title 63. Public Health and Safety Page 740
patient access to service recipients of the employer until the
employer conducts a registry screening and criminal history record
check in compliance with subsection I of this section. This
subsection and subsection D of this section shall not apply to the
following:
1. An individual who is employed by, under independent contract
to, or granted clinical privileges with, an employer on or before
November 1, 2012. An individual who is exempt under this subsection
is not limited to working within the employer with which he or she
is employed, under independent contract to, or granted clinical
privileges. That individual may transfer to another employer that
is under the same ownership with which he or she was employed, under
contract, or granted privileges. If that individual wishes to
transfer to another employer that is not under the same ownership,
he or she may do so provided that a registry screening and criminal
history record check are conducted by the new employer in accordance
with subsection I of this section.
a. If an individual who is exempt under this subsection
is subsequently found, upon seeking transfer to
another employer, ineligible for employment,
independent contract, or clinical privileges, as
provided in subsection D of this section, then the
individual is no longer exempt and shall be terminated
from employment or denied employment.
b. If an individual who is exempt under this subsection
is subsequently found ineligible for employment,
independent contract, or clinical privileges, as
provided in subsection D of this section, based on
disqualifying events occurring after November 1, 2012,
then the individual is no longer exempt and shall be
terminated from employment; and
2. An individual who is an independent contractor to an
employer, if the services for which he or she is contracted are not
directly related to the provision of services to a service recipient
or if the services for which he or she is contracted allow for
direct patient access to service recipients but are not performed on
an ongoing basis. This exception includes, but is not limited to,
an individual who independently contracts with the employer to
provide utility, maintenance, construction, or communications
services.
G. A nurse aide scholarship program shall not accept into its
training program candidates seeking eligibility for listing on the
nurse aide registry pursuant to 42 U.S.C. 1395i-3(e)(2)(A) or 42
U.S.C. 1396r(e)(2)(A) until the training program conducts a registry
screening and criminal history record check in compliance with
subsection I of this section. The candidate shall be subject to the
administrative fee in paragraph 1 of subsection J of this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 741
A nurse aide scholarship program shall not accept into enrollment a
candidate ineligible for employment pursuant to Section 1-1950.1 of
this title.
H. An applicant shall provide the employer a government photo
identification of the applicant and written consent for the employer
to conduct a registry screening and the Bureau to conduct a state
and national criminal history record check under this section. The
employer shall maintain the written consent and information
regarding the individual’s identification in their files for audit
purposes.
I. 1. Upon receipt of the written consent and identification
required under subsection H of this section, an employer shall
submit an applicant’s name, any aliases, address, former states in
which the applicant resided, social security number, and date of
birth, through an Internet portal maintained by the Department, as
provided in subsection V of this section, for the purpose of
conducting a check of all relevant registries established pursuant
to federal and state law and regulations for any findings barring
employment. If the findings of the check do not reveal any basis
that would prevent the employment of the applicant pursuant to
subsection D of this section, and where the applicant does not have
a monitored employment record pursuant to the provisions in
subsection S of this section, the Department shall authorize the
collection and submission of fingerprints through an authorized
collection site to the Bureau for the performance of a criminal
history record check on the applicant, pursuant to Section 150.9 of
Title 74 of the Oklahoma Statutes and in accordance with U.S. Public
Law 111-148. Results of such search conducted through both the
Bureau and FBI databases shall be returned electronically to the
Department.
2. The Bureau shall retain one set of fingerprints in the
Automated Fingerprint Identification System and submit the other set
to the FBI for a national criminal history records search.
3. Fingerprint images may be rejected by the Bureau or the FBI.
A rejection of the fingerprints by the Bureau or the FBI shall
require the applicant to be fingerprinted again.
4. The applicant shall have ten (10) calendar days, after
receipt of authorization as provided in this subsection, to submit
his or her fingerprints through an authorized collection site or his
or her application shall be deemed withdrawn and the applicant shall
be required to commence the application process from the beginning.
5. Medicaid home and community-based services waivered
providers as defined in Section 1915 (c) or 1915 (i) of the federal
Social Security Act may voluntarily participate in the submission of
fingerprints for applicants. In lieu of fingerprinting, said
providers shall obtain a name-based state criminal history record
check from the Bureau at the fee established in Section 150.9 of
Oklahoma Statutes - Title 63. Public Health and Safety Page 742
Title 74 of the Oklahoma Statutes. No other fees shall apply to
said providers relying on a name-based state criminal history record
check. The determination of employment eligibility shall be made by
said providers based on the criteria established in subsection D of
this section.
J. 1. The employer shall pay a fee of Nineteen Dollars
($19.00) to the Department for each applicant submitted for
fingerprinting or criminal history monitoring or both fingerprinting
and criminal history monitoring pursuant to subsection S of this
section. The prospective employee, independent contractor or
clinical privileges candidate authorized for fingerprint collection
by the Department shall pay an administrative fee of Ten Dollars
($10.00) at the time of fingerprinting. Subsequent fingerprinting
shall not be required of an applicant if the applicant has a
monitored employment record pursuant to subsection S of this
section.
2. The Department shall be responsible for screening and
fingerprinting and criminal history monitoring fees for persons
participating in a Medicaid program who self-direct their own care,
and the applicants of such self-directed care employers.
3. The Department shall use National Background Check grant
funds, employer fees and administrative fee collections, and
available Medicaid matching funds, to reimburse fingerprint
collection vendors, pay administrative expenses, and reimburse the
Bureau and FBI for each processed fingerprint review and automatic
notification services for subsequent arrest. The Department shall
reimburse fingerprint collection vendors, the Bureau, and the FBI,
the applicable costs for those identified in paragraph 2 of this
subsection.
4. At the consent of the current employee and request of an
employer, the Department shall authorize the collection and
submission of fingerprints for the purposes of conducting a criminal
history record check on any person excluded from the criminal
history requirements pursuant to subsection F of this section. The
employer shall pay a fee of Sixty-five Dollars ($65.00) to the
Department for the cost of registry screening, fingerprint
collection and submission, and arrest record monitoring. The
collection of fingerprints from those employed, contracted, or
granted clinical privileges, prior to the effective date established
by rule as authorized in subsection Y of this section, is voluntary
and not required for the purposes of this section.
K. 1. If the criminal history record check results reveal
information that precludes the Department from making a final
determination of employment eligibility, the employer and applicant
shall be given notice of such and the applicant shall have sixty
(60) days to make any necessary corrections or additions for the
Department to review.
Oklahoma Statutes - Title 63. Public Health and Safety Page 743
2. If the applicant is unable to make corrections or additions
to the record within the sixty (60) days, the Department shall deny
employment based on the disqualifying results and shall notify the
applicant of his or her right to appeal. The notice shall include
the reasons why the applicant is not eligible for employment and a
statement that the applicant has a right to appeal the decision made
by the Department regarding the employment eligibility. The notice
shall also include information regarding where to file and describe
the appellate procedures.
L. If an employer determines it necessary to employ, contract
with, or grant clinical privileges to an applicant before receiving
the results of the applicant’s criminal history record check under
this section, the employer may conditionally employ, conditionally
contract with, or grant conditional clinical privileges to the
applicant if all of the following apply:
1. The employer requests the criminal history record check
under this section upon conditionally employing, contracting with,
or granting clinical privileges to the individual;
2. The individual signs a statement in writing that indicates
the applicant affirms and agrees to all of the following:
a. that the applicant is not disqualified from
employment, an independent contract, or clinical
privileges, based on the disqualifying criteria
defined in subsection D of this section,
b. that the applicant agrees that, if the information in
the registry screening and criminal history record
check conducted under this section does not confirm
the individual’s statements under subparagraph a of
this paragraph, his or her employment, independent
contract, or clinical privileges shall be terminated
by the employer as required under subsection D of this
section unless and until the individual appeals and
can provide that the information is incorrect, and
c. that the applicant understands that the conditions
described in subparagraphs a and b of this paragraph
may result in the termination of his or her
employment, independent contract, or clinical
privileges, and that those conditions are good cause
for termination; and
3. The period of provisional employment shall not exceed sixty
(60) days pending the completion of the required background check.
During this time the employee shall be subject to direct on-site
supervision. The sixty-day time period may only be extended for
those employees who are appealing the results of the background
check. The time period shall only be extended for the duration of
the appeal.
Oklahoma Statutes - Title 63. Public Health and Safety Page 744
M. The Department shall develop and distribute a model form for
the statement required under paragraph 2 of subsection L of this
section. The Department shall make the model form available to
health facilities or agencies subject to this section upon request
at no charge.
N. If an individual is employed as a conditional employee, has
a conditional independent contract, or is granted conditional
clinical privileges under subsection L of this section, and the
report described in subsection I of this section does not confirm
the individual’s statement under subparagraph a of paragraph 2 of
subsection L of this section, the employer shall terminate the
individual’s employment, independent contract, or clinical
privileges, as required by subsection E of this section.
O. An individual who knowingly provides false information
regarding his or her identity, criminal convictions, or
substantiated findings on a statement described in subparagraph a of
paragraph 2 of subsection L of this section is guilty of a
misdemeanor punishable by a fine of not less than One Hundred
Dollars ($100.00) nor more than Three Hundred Dollars ($300.00),
imprisonment in the county jail for not more than thirty (30) days,
or by both such fine and imprisonment.
P. The Department shall use criminal history record information
obtained under subsection I of this section only for the purpose of
evaluating an applicant’s qualifications for employment, an
independent contract, or clinical privileges, in the position for
which he or she has applied and for the purposes of subsections H
and N of this section. The Department shall not disclose criminal
history record information. An individual who knowingly uses or
disseminates the criminal history record information obtained under
subsection I of this section in violation of this subsection is
guilty of a misdemeanor punishable by imprisonment for not more than
thirty (30) days or a fine of not more than Five Hundred Dollars
($500.00), or both. Except for a knowing or intentional release of
false information, the Department or employer has no liability in
connection with a criminal history record check conducted under this
section.
Q. As a condition of continued employment, each employee,
independent contractor, or individual granted clinical privileges
shall agree in writing to report to the employer immediately upon
being arraigned or indicted for one or more of the criminal offenses
listed in subsection D of this section, upon being convicted of, or
pleading guilty or nolo contendere to, one or more of the criminal
offenses listed in subsection D of this section, or upon being the
subject of a substantiated finding on a relevant registry as
described in subsection D of this section. Reporting of an
arraignment under this subsection may be cause for leave without
Oklahoma Statutes - Title 63. Public Health and Safety Page 745
pay, placement under direct supervision, restriction from direct
patient access, termination, or denial of employment.
R. An employer convicted for knowingly and willfully failing to
conduct the criminal history checks as required under this section
may be found guilty of a misdemeanor punishable by a fine of not
less than One Thousand Dollars ($1,000.00) nor more than Three
Thousand Dollars ($3,000.00), imprisonment in the county jail for
not more than thirty (30) days, or by both such fine and
imprisonment.
S. The Department shall establish a database to store the
records of an employer’s prospective and enrolled employees, the
results of the screening and criminal arrest records search, and an
identifier issued by the Bureau for the purposes of receiving an
automatic notification from the Bureau if and when a subsequent
criminal arrest record submitted into the system matches a set of
fingerprints previously submitted in accordance with this section.
Upon such notification, the Bureau shall immediately notify the
Department and the Department shall immediately notify the
respective employee. Information in the database established under
this subsection is confidential, is not subject to disclosure under
the Oklahoma Open Records Act, and shall not be disclosed to any
person except for purposes of this act or for law enforcement
purposes. The employee shall promptly respond to Department
inquiries regarding the status of an arraignment or indictment.
Reporting of an arraignment or indictment under this subsection may
be cause for leave without pay, placement under direct supervision,
restriction from direct patient access, termination, or denial of
employment.
T. 1. Any individual who has been disqualified from or denied
employment by an employer pursuant to this section may file an
appeal with the Department within thirty (30) days of the receipt of
the notice of disqualification, if the applicant believes that the
criminal history report is inaccurate or that consideration of the
passage of time, extenuating circumstances, demonstration of
rehabilitation, or relevancy of the particular disqualifying
information with respect to the current or proposed employment of
the individual merits a waiver of the disqualification or employment
denial.
2. The Department shall specify in rule the criteria for
issuing a waiver of the disqualification or employment denial. The
criteria shall include consideration of the passage of time,
extenuating circumstances, demonstration of rehabilitation, and
relevancy of the particular disqualifying information with respect
to the current or proposed employment of the individual.
3. The appeal shall be conducted as an individual proceeding
pursuant to the Administrative Procedures Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 746
U. An employer who has acted in good faith to comply with the
requirements of this section of law shall be immune from liability
in carrying out the provisions of this section.
V. The Department shall maintain an electronic web-based system
to assist employers, and nurse aide scholarship programs, required
to check relevant registries and conduct criminal history record
checks of its prospective students, employees, independent
contractors, and those to whom the employer would grant clinical
privileges. The employer shall maintain the status of the
employment, contract, or privileges in the system, and the
Department shall provide for an automated notice to employers for
those employees, independent contractors, and those granted clinical
privileges, who, since the initial check, have been convicted of a
disqualifying offense or have been the subject of a substantiated
finding on a relevant registry.
W. The Department is authorized to obtain any criminal history
records maintained by the Bureau and FBI which the Department is
required or authorized to request by the provisions of this section.
X. There is hereby created in the State Treasury a revolving
fund for the Department to be designated the “Oklahoma National
Background Check Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received by the Department from employers and administrative fees
collected pursuant to this section. Screening and administrative
fees collected pursuant to this section shall be deposited into the
fund. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department for
the following purposes:
1. Obtaining available Medicaid funds for screening,
fingerprinting, the cost of criminal history records obtained from
the Bureau and FBI, and program administration;
2. Reimbursement of fingerprint collection vendors;
3. Reimbursement to the Bureau and FBI for criminal history
records; and
4. Administrative and other applicable expenses of the
Department related to the background check program.
Y. The Department is authorized to phase in implementation of
subsections D through V of this section by category of employer.
The State Board of Health shall promulgate rules prescribing
effective dates and procedures for the implementation of a national
criminal history record check for the employers and nurse aide
scholarship programs defined in Section 1-1945 of this title. Said
dates may be staggered to facilitate implementation of the
requirements of this section.
Z. On or before November 1, 2015, the Department shall submit a
written report to the Legislature detailing the fee collections and
costs for the previous three (3) years and revolving fund
Oklahoma Statutes - Title 63. Public Health and Safety Page 747
projections for the next five (5) years. A plan shall be provided
to cover the costs of the criminal history checks required under
this section if funding is inadequate to cover the costs of the
criminal history checks required under this section after November
1, 2020.
Added by Laws 2005, c. 465, § 5, emerg. eff. June 9, 2005. Amended
by Laws 2012, c. 358, § 2, eff. Nov. 1, 2012.
§63-1-1948. Employment of sex or violent offenders prohibited.
The State Long-Term Care Ombudsman is prohibited from employing
or designating any state, area or local long-term care ombudsman
whether paid or unpaid, who is registered pursuant to the Sex
Offenders Registration Act or the Mary Rippy Violent Crime Offenders
Registration Act.
Added by Laws 2005, c. 465, § 6, emerg. eff. June 9, 2005.
§63-1-1949.1. Short title - Long-Term Care Administrator Licensing
Act.
This act shall be known and may be cited as the “Long-Term Care
Administrator Licensing Act”.
Added by Laws 2023, c. 271, § 1, emerg. eff. May 22, 2023.
§63-1-1949.2. Definitions.
For the purposes of this act:
1. “Long-term care administrator” means a person licensed or
certified as a Tier 1 long-term care administrator or Tier 2 long-
term care administrator under this act. A long-term care
administrator must devote at least one-half (1/2) of such person’s
working time to on-the-job supervision of a long-term care facility;
provided that this requirement shall not apply to an administrator
of an intermediate care facility for individuals with intellectual
disabilities with sixteen or fewer beds (ICF/IID-16), in which case
the person licensed by the state may be in charge of more than one
ICF/IID-16, if such facilities are located within a circle that has
a radius not more than fifteen (15) miles, and the total number of
facilities and beds does not exceed six facilities and sixty-four
beds. The facilities may be free-standing in a community or may be
on campus with a parent institution. The ICF/IID-16 may be
independently owned and operated or may be part of a larger
institutional ownership and operation;
2. “Tier 1 long-term care administrator” means a person
licensed by this state to perform the duties of an administrator
serving in a skilled nursing or nursing facility or an intermediate
care facility for individuals with intellectual disabilities with
seventeen or greater beds (ICF/IID);
3. “Tier 2 long-term care administrator” means a person
licensed or certified by this state to perform the duties of an
Oklahoma Statutes - Title 63. Public Health and Safety Page 748
administrator serving in an assisted living facility, residential
care facility, adult day care center, or intermediate care facility
for individuals with intellectual disabilities with sixteen or fewer
beds (ICF/IID-16);
4. “Nursing home”, “rest home” and “specialized home” shall
have the same meaning as the term “nursing facility” as such term is
defined in the Nursing Home Care Act; “assisted living center” and
“continuum of care facility” shall have the same meaning as such
terms are defined in the Continuum of Care and Assisted Living Act;
“home” and “residential care home” shall have the same meaning as
the terms are used in the Residential Care Act; and “adult day care
center” and “center” shall have the same meaning as such terms are
used in the Adult Day Care Act.
Added by Laws 1968, c. 100, § 1, emerg. eff. April 1, 1968. Amended
by Laws 1991, c. 168, § 1, eff. July 1, 1991; Laws 1995, c. 289, §
1, eff. Nov. 1, 1995; Laws 1996, c. 118, § 2, eff. Nov. 1, 1996;
Laws 2005, c. 168, § 1, emerg. eff. May 13, 2005; Laws 2006, c. 291,
§ 1, eff. July 1, 2006; Laws 2011, c. 192, § 1, eff. Nov. 1, 2011;
Laws 2019, c. 475, § 57, eff. Nov. 1, 2019; Laws 2023, c. 271, § 3,
eff. Nov. 1, 2023. Renumbered from § 330.51 of this title by Laws
2023, c. 271, § 12, eff. Nov. 1, 2023.
§63-1-1949.3. Qualifications for license or certification.
A. The State Department of Health shall have authority to issue
licenses or certifications to qualified persons as long-term care
administrators in accordance with qualification criteria established
by the State Commissioner of Health.
B. No license or certification shall be issued to a person as a
long-term care administrator unless:
1. The person shall have submitted evidence satisfactory to the
Department that the person is:
a. not less than twenty-one (21) years of age, and
b. of reputable and responsible character; and
2. The person shall have submitted evidence satisfactory to the
Department of the person’s ability to be licensed or certified to
serve as a Tier 1 long-term care administrator or Tier 2 long-term
care administrator.
C. The Commissioner shall have the authority to determine the
qualifications, skill, and fitness of any person to serve as a long-
term care administrator under the applicable provisions of the
Nursing Home Care Act, the Continuum of Care and Assisted Living
Act, the Residential Care Act, and the Adult Day Care Act. The
Commissioner shall promulgate rules to determine the qualifications
for licensure or certification as a Tier 1 or Tier 2 long-term care
administrator. Such rules may, at the discretion of the
Commissioner, include a requirement for licensure instead of
Oklahoma Statutes - Title 63. Public Health and Safety Page 749
certification for either or both of the tiers of long-term care
administrators.
D. 1. All persons licensed or certified or lawfully serving as
an administrator in their defined facility type shall be permitted
to continue to serve in their current capacity under their current
terms of authorization. The Commissioner may promulgate rules to
address future certification and licensure requirements for both
tiers of long-term care administrators without effect on the
licensure or certification status of those currently certified or
licensed. Until such rules are promulgated, current licensure and
certification processes and standards shall remain in place.
2. To be eligible for licensure or certification as either a
Tier 1 or Tier 2 long-term care administrator, the applicant shall
have successfully completed a training and education program
approved by the Commissioner.
3. The Commissioner shall not include a requirement for a four-
year degree in any licensing or certification requirements for Tier
2 long-term care administrators.
4. In addition to the requirement provided by paragraph 2 of
this subsection, to be eligible for licensure or certification as a
Tier 1 long-term care administrator, the applicant shall:
a. hold a baccalaureate degree from an institution of
higher education, or
b. hold an associate degree in a health- or business-
related field or other relevant field as determined by
the Commissioner and have not less than five (5) years
of experience in upper-level management of a long-term
care facility as determined by the Commissioner.
E. Eligible applicants may sit for the state standards
examination at a testing facility using procedures approved by the
National Association of Long-Term Care Administrator Boards
including, but not limited to, the use of electronic or online
methods for examination.
F. The State Department of Health shall either:
1. Approve one or more organizations or agencies to provide
training and education programs for long-term care administrators.
Each such organization or agency shall meet such requirements as may
be prescribed by rules promulgated by the State Commissioner of
Health;
2. Offer a training and education program for long-term care
administrators conducted by the Department; or
3. Both approve one or more organizations to provide training
and education programs for long-term care administrators as
described in paragraph 1 of this subsection and offer a training and
education program for long-term care administrators conducted by the
Department as described in paragraph 2 of this subsection.
Oklahoma Statutes - Title 63. Public Health and Safety Page 750
G. 1. Each person licensed or certified as a long-term care
administrator under the provisions of this act shall pay an annual
license or certification fee which shall be deposited in the Long-
Term Care Administrator Revolving Fund described in Section 7 of
this act. Such fee shall be determined by the Commissioner. Each
such license or certification shall expire on the thirty-first day
of December following its issuance, and shall be renewable for a
calendar year, upon meeting the renewal requirements and upon
payment of the annual licensure or certification fee.
2. In addition to licensure and certification fees, the
Commissioner may impose fees on agencies and organizations that
provide training and education programs.
3. All revenues collected as a result of fees authorized in
this section and imposed by the Commissioner shall be deposited into
the Long-Term Care Administrator Revolving Fund described in Section
7 of this act.
H. The State Commissioner of Health shall promulgate rules to
provide for licensure or certification by endorsement of long-term
care administrators who are licensed or certified in other states
that have requirements for licensure or certification of long-term
care administrators that are substantially equivalent to or greater
than the requirements of this state, as determined by the
Commissioner.
I. It shall be unlawful for any person to act or serve in the
capacity of a long-term care administrator unless the person is the
holder of a license or certificate as a long-term care
administrator, issued in accordance with the provisions of this act.
A person found guilty of a violation of this subsection shall, upon
conviction, be guilty of a misdemeanor.
Added by Laws 1968, c. 100, § 3, emerg. eff. April 1, 1968. Amended
by Laws 1991, c. 168, § 3, eff. July 1, 1991; Laws 1995, c. 289, §
2, eff. Nov. 1, 1995; Laws 2006, c. 291, § 3, eff. July 1, 2006;
Laws 2006, c. 273, § 2, emerg. eff. June 7, 2006; Laws 2011, c. 192,
§ 3, eff. Nov. 1, 2011; Laws 2016, c. 241, § 1, eff. Nov. 1, 2016;
Laws 2023, c. 271, § 5, eff. Nov. 1, 2023. Renumbered from § 330.53
of this title by Laws 2023, c. 271, § 13, eff. Nov. 1, 2023.
§63-1-1949.4. Duties of State Department of Health or Commissioner.
The State Department of Health or, as appropriate, the State
Commissioner of Health shall:
1. Develop and apply standards for approval of training and
education programs for long-term care administrators that meet the
accreditation standards of the National Association of Long Term
Care Administrator Boards and approve or offer training and
education programs, or both, as described in subsection F of Section
1-1949.3 of this title;
Oklahoma Statutes - Title 63. Public Health and Safety Page 751
2. Develop, impose, and enforce standards which must be met by
individuals in order to receive a license or certification as a
long-term care administrator, which standards shall be designed to
ensure that long-term care administrators will be individuals who
are of good character and are otherwise suitable, and who, by
training or experience in the field of institutional administration,
are qualified to serve as long-term care administrators;
3. Develop and apply appropriate techniques, including
examinations and investigations, for determining whether an
individual meets such standards;
4. Issue licenses or certifications to individuals determined,
after the application of such techniques, to meet such standards.
The Department may deny an initial application, deny a renewal
application, and revoke or suspend licenses or certifications
previously issued by the Department in any case where the individual
holding any such license or certification is determined
substantially to have failed to conform to the requirements of such
standards. The Department may also warn, censure, impose
administrative fines, or use other remedies that may be considered
to be less than revocation and suspension. Administrative fines
imposed pursuant to this section shall not exceed One Thousand
Dollars ($1,000.00) per violation. The Department shall consider
the scope, severity, and repetition of the violation and any
additional factors deemed appropriate by the Department when issuing
a fine. The Department may utilize one or more administrative law
judges to conduct administrative proceedings;
5. Establish and carry out procedures designed to ensure that
individuals licensed or certified as long-term care administrators
will, during any period that they serve as such, comply with the
requirements of such standards;
6. Receive, investigate, and take appropriate action with
respect to any charge or complaint filed with the Department to the
effect that any individual licensed as a long-term care
administrator has failed to comply with the requirements of such
standards. The Office of the State Long-Term Care Ombudsman shall
be notified of all complaint investigations of the Department so
that they may be present at any such complaint investigation for the
purpose of representing long-term care facility consumers;
7. Receive and take appropriate action on any complaint or
referral received by the Department from the Department of Human
Services or any other regulatory agency. A complaint shall not be
published on the website of the Department unless there is a finding
by the Department that the complaint has merit. The Commissioner
shall promulgate rules that include, but are not limited to,
provisions for:
a. establishing a complaint review process,
b. creating a formal complaint file,
Oklahoma Statutes - Title 63. Public Health and Safety Page 752
c. establishing a protocol for investigation of
complaints, and
d. establishing an independent informal dispute
resolution process in accordance with Section 1-1949.7
of this title;
8. Enforce the provisions of the Long-Term Care Administrator
Licensing Act against all persons who are in violation thereof
including, but not limited to, individuals who are practicing or
attempting to practice as long-term care administrators without
proper authorization from the Department;
9. Conduct a continuing study and investigation of long-term
care facilities and administrators of long-term care facilities
within the state with a view toward the improvement of the standards
imposed for the licensing or certifying of such administrators and
of procedures and methods for the enforcement of such standards with
respect to administrators of long-term care facilities who have been
licensed or certified;
10. Cooperate with and provide assistance when necessary to
state regulatory agencies in investigations of complaints;
11. Develop a code of ethics for long-term care administrators
which includes, but is not limited to, a statement that
administrators have a fiduciary duty to the facility and cannot
serve as guardian of the person or of the estate, or hold a durable
power of attorney or power of attorney for any resident of a
facility of which they are an administrator;
12. Report a final adverse action against a long-term care
administrator to the Healthcare Integrity and Protection Data Bank
pursuant to federal regulatory requirements;
13. Refer completed investigations to the proper law
enforcement authorities for prosecution of criminal activities;
14. Impose administrative fines, in an amount to be determined
by the Commissioner, against persons who do not comply with the
provisions of the Long-Term Care Administrator Licensing Act or the
rules adopted by the Commissioner. Administrative fines imposed
pursuant to this section shall not exceed One Thousand Dollars
($1,000.00) per violation. The Department shall consider the scope,
severity, and repetition of the violation and any additional factors
deemed appropriate by the Department when issuing a fine;
15. Assess the costs of the hearing process, including attorney
fees;
16. Grant short-term provisional licenses to individuals who do
not meet all of the licensing requirements, provided the individual
obtains the services of a currently licensed administrator to act as
a consultant and meets any additional criteria for a provisional
license established by the Commissioner;
Oklahoma Statutes - Title 63. Public Health and Safety Page 753
17. Promulgate rules governing the employment of assistant
administrators including, but not limited to, minimum
qualifications; and
18. Employ such staff as may be necessary to carry out the
duties of the Long-Term Care Administrator Licensing Act.
Added by Laws 1968, c. 100, § 8, emerg. eff. April 1, 1968. Amended
by Laws 1980, c. 175, § 2, eff. Oct. 1, 1980; Laws 1991, c. 168, §
6, eff. July 1, 1991; Laws 2005, c. 168, § 3, emerg. eff. May 13,
2005; Laws 2006, c. 291, § 7, eff. July 1, 2006; Laws 2007, c. 347,
§ 11, eff. Nov. 1, 2007; Laws 2008, c. 411, § 2, eff. Nov. 1, 2008;
Laws 2011, c. 192, § 6, eff. Nov. 1, 2011; Laws 2023, c. 271, § 6,
eff. Nov. 1, 2023. Renumbered from § 330.58 of this title by Laws
2023, c. 271, § 14, eff. Nov. 1, 2023. Amended by Laws 2024, c.
339, § 12, eff. Nov. 1, 2024.
§63-1-1949.5. Long-Term Care Administrator Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health to be designated the “Long-Term
Care Administrator Revolving Fund”. The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
such sources of income as are provided by law. All monies accruing
to the credit of the fund are hereby appropriated and may be
budgeted and expended by the Department to carry out the duties
established by this act. 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 1988, c. 171, § 5, operative July 1, 1988. Amended by
Laws 1991, c. 168, § 8, eff. July 1, 1991; Laws 2006, c. 291, § 10,
eff. July 1, 2006; Laws 2012, c. 304, § 503; Laws 2023, c. 271, § 7,
eff. Nov. 1, 2023. Renumbered from § 330.62 of this title by Laws
2023, c. 271, § 15, eff. Nov. 1, 2023.
§63-1-1949.6. Complaints — Notice — Hearing — Penalties — Registry.
A. Any person or agency may submit to the State Department of
Health a complaint against a long-term care administrator.
Complaints may also be generated by the Department. Each
investigation of a complaint received by the Department shall be
initiated within ninety (90) days from the date the complaint is
received by the Department. Each complaint investigation shall be
completed within twelve (12) months of initiation. The time period
may be extended by the Department for good cause.
B. Upon conclusion of an investigation, if the Department
determines that an administrator has violated this act, the
Department shall promptly serve a notice of violation to the
administrator. The notice of violation shall be prepared in writing
and shall specify the nature of the violation or violations and the
Oklahoma Statutes - Title 63. Public Health and Safety Page 754
provision or provisions of state law or rule alleged to have been
violated. The notice of violation shall inform the administrator of
his or her right to an independent informal dispute resolution
conducted in accordance with Section 9 of this act or a hearing
conducted under subsection C of this section, or both, and
instruction on how to seek an informal dispute resolution or
hearing.
C. If the case is not resolved through the independent informal
dispute resolution process prescribed by Section 9 of this act, the
administrator shall be afforded notice and a hearing in accordance
with the provisions of Article II of the Administrative Procedures
Act. Any party aggrieved by a decision of the Department following
a hearing may appeal directly to district court under Section 318 of
Title 75 of the Oklahoma Statutes.
D. Notwithstanding any other provision of this section, the
Department may order a summary suspension of an administrator’s
license or certification or an Administrator in Training (AIT)
permit if, in the course of an investigation, it is determined that
a licensee, certificate holder, or AIT candidate for licensure has
engaged in conduct of a nature that is detrimental to the health,
safety, or welfare of the public, and which conduct necessitates
immediate action to prevent further harm. The Department shall
immediately notify the licensee, certificate holder, or AIT
candidate upon issuance of the order. The licensee, certificate
holder, or AIT candidate shall have the right to contest the order
at a hearing as provided by subsection C of this section.
E. To ensure the confidentiality of an investigative file
obtained during the investigation, the information in the
investigative file shall not be deemed to be a record as that term
is defined in the Oklahoma Open Records Act nor shall the
information be subject to subpoena or discovery in any civil or
criminal proceeding, except that the Department may give the
information to law enforcement and other state licensing agencies as
necessary and appropriate in the discharge of the duties of that
agency and only under circumstances that will ensure against
unauthorized access to the information. The respondent may acquire
information obtained during an investigation, unless the disclosure
of the information is otherwise prohibited, if the respondent signs
a protective order whereby the respondent agrees to use the
information solely for the purpose of defense in the proceedings of
the Department and in any appeal therefrom and agrees not to
otherwise disclose the information.
F. The Department shall create and maintain a registry of all
complaints or referrals, found by the Department to have merit,
complaining of acts or omissions of licensed administrators. The
registry shall be maintained in both electronic and paper formats
and shall be available for inspection by the public. Such registry
Oklahoma Statutes - Title 63. Public Health and Safety Page 755
shall be organized both in chronological order by the date of the
complaint and by the name of the licensed administrator. The
registry shall contain information about the nature of the complaint
and the action, if any, taken by the Department. The registry shall
also contain the number of complaints made against an individual
administrator.
Added by Laws 2005, c. 168, § 4, emerg. eff. May 13, 2005. Amended
by Laws 2006, c. 291, § 11, eff. July 1, 2006; Laws 2008, c. 411, §
3, eff. Nov. 1, 2008; Laws 2023, c. 271, § 8, eff. Nov. 1, 2023.
Renumbered from § 330.64 of this title by Laws 2023, c. 271, § 16,
eff. Nov. 1, 2023.
§63-1-1949.7. Independent informal dispute resolution process.
A. The Department shall give a long-term care administrator who
the Department has determined, upon investigation, has violated the
provisions of this act an opportunity to participate in an
independent informal dispute resolution process of the case in
accordance with this section. The Department may contract with a
third-party vendor to provide the independent informal dispute
resolution.
B. The administrator shall make a written request to the
Department to participate in an informal dispute resolution. Upon
receipt of such request, the Department shall:
1. Refer the case to the informal dispute resolution provider,
if the Department contracts with a third-party vendor as described
in subsection A of this section, and the informal dispute resolution
provider shall:
a. schedule a time and date for an informal dispute
resolution meeting and inform the parties of such time
and date, and
b. appoint an impartial decision-making panel to conduct
the informal dispute resolution as provided by
subsection C of this section; or
2. If the Department does not contract with a third-party
vendor as described in subsection A of this section, the Department
shall:
a. schedule a time and date for an informal dispute
resolution meeting and inform the parties of such time
and date, and
b. appoint an impartial decision-making panel to conduct
the informal dispute resolution as provided by
subsection C of this section.
C. The impartial decision-making panel shall be a group of six
(6) individuals who meet the following criteria:
1. Three members shall be impartial volunteers who have
experience in the operation of the same type of long-term facility
as the administrator who is the subject of the complaint. Such
Oklahoma Statutes - Title 63. Public Health and Safety Page 756
volunteers may include, but not be limited to, an administrator,
assistant administrator, owner, operator, director of nursing, or
compliance executive of an appropriate long-term care facility, but
shall not include any person with a direct financial interest in any
facility that employs or contracts with the administrator who is the
subject of the complaint; and
2. Three members shall be persons representing the aging or
disabled community, as appropriate for the type of long-term
facility whose administrator is the subject of the complaint.
D. Each party shall submit to the impartial decision-making
panel all documentary evidence that the party believes has a bearing
on or relevance to the violation or violations alleged by the
Department in the complaint.
E. The Department shall present initial arguments. The
administrator shall then present his or her arguments. The informal
dispute resolution shall be limited to no more than two (2) hours in
length, with each party being permitted one (1) hour to present its
arguments; however, the impartial decision-making panel may grant
each party additional equal time for good cause as determined by the
impartial decision-making panel.
F. Rules of evidence or procedure shall not apply to the
informal dispute resolution except as provided in this section. The
impartial decision-making panel may:
1. Accept any information that the impartial decision-making
panel deems material to the issue being presented; and
2. Reject any information that the impartial decision-making
panel deems immaterial to the issue being presented.
G. The informal dispute resolution may not be recorded;
however, the impartial decision-making panel may make written or
recorded notes of the arguments.
H. 1. Only employees of or health care providers contracted by
the facility where the administrator who is the subject of the
complaint is employed may appear or participate in the informal
dispute resolution on behalf of the administrator, except that the
administrator may call one character witness to appear and testify
on his or her behalf.
2. Only employees of the Department may appear or participate
at the meeting for, or on behalf of, the Department for the purpose
of presenting arguments. In addition to such employees, one or more
employees of the Department may provide technical assistance to the
impartial decision-making panel at the panel’s request. Any
employee of the Department who participates in the informal dispute
resolution process as described in this paragraph shall have no
current involvement in long-term care facility surveys including but
not limited to the informal dispute resolution process described in
Section 1-1914.3 et seq. of Title 63 of the Oklahoma Statutes or the
alternative informal dispute resolution process described in Section
Oklahoma Statutes - Title 63. Public Health and Safety Page 757
1-1914.11 et seq. of Title 63 of the Oklahoma Statutes for long-term
care facilities.
3. The State Long-Term Care Ombudsman or designee may appear at
or participate in the informal dispute resolution.
4. No party may be represented by an attorney in the informal
dispute resolution.
I. The informal dispute resolution process is limited to
violations alleged by the Department in the complaint. If the
impartial decision-making panel finds that matters not subject to
the informal dispute resolution are presented, the impartial
decision-making panel shall strike all documentary evidence related
to or presented for the purpose of disputing the matter not subject
to the informal dispute resolution. The impartial decision-making
panel may not include in the statement of findings described in
subsection J of this section any matter not subject to the informal
dispute resolution.
J. Upon the conclusion of all arguments by the parties at the
informal dispute resolution, the impartial decision-making panel
shall issue a written statement of findings, which shall be provided
to all parties and which shall include:
1. A summary of any alleged violations;
2. A statement of whether the impartial decision-making panel
agrees that the alleged violation or violations occurred;
3. The facts and persuasive arguments that support the finding
of the impartial decision-making panel for each alleged violation;
and
4. A recommendation on appropriate disciplinary action against
the administrator, if any.
K. If the impartial decision-making panel cannot reach a
majority decision on the findings of the informal dispute resolution
as described in subsection J of this section, the State Commissioner
of Health may intervene for the purpose of breaking a tie.
L. The Department shall review the findings of the impartial
decision-making panel and shall take such findings into
consideration when determining whether to pursue further
disciplinary action against the administrator.
Added by Laws 2023, c. 271, § 9, eff. Nov. 1, 2023.
§63-1-1949.8. Promulgation of rules.
The State Commissioner of Health shall promulgate rules to
implement the provisions of this act.
Added by Laws 2023, c. 271, § 10, eff. Nov. 1, 2023.
§63-1-1950. Dispensing of nonprescription drugs - Maintaining bulk
supplies.
A. A nursing facility or a residential care facility is
authorized to maintain bulk supplies of nonprescription drugs for
Oklahoma Statutes - Title 63. Public Health and Safety Page 758
dispensing to residents of such facility pursuant to the provisions
of this section.
B. If ordered or otherwise authorized by a physician currently
licensed to practice medicine in this state, nonprescription drugs
may be dispensed to a resident of the nursing facility or
residential care facility for nonscheduled dosage regimens.
C. 1. The State Board of Health shall promulgate rules
necessary for proper control and dispensing of nonprescription drugs
in nursing facilities and residential care facilities, relating to:
a. specific nonprescription drugs to be dispensed,
b. recordkeeping,
c. storage of nonprescription drugs, and
d. dispensing requirements.
2. Rules promulgated by the State Board of Health shall not
require facilities to package nonprescription drugs in individual
containers with individual labels.
Added by Laws 1993, c. 119, § 1, eff. Sept. 1, 1993.
§63-1-1950.1. Definitions - Criminal history background check on
certain persons to be offered employment.
A. For purposes of this section:
1. “Nurse aide” means any person who provides, for
compensation, nursing care or health-related services to residents
in a nursing facility, a specialized facility, a residential care
home, continuum of care facility, assisted living center, or an
adult day care center and who is not a licensed health professional.
Such term also means any person who provides such services to
individuals in their own homes as an employee or contract provider
of a home health or home care agency, or as a contract provider of
the Medicaid State Plan Personal Care Program;
2. “Employer” means any of the following facilities, homes,
agencies, or programs which are subject to the provision of this
section:
a. a nursing facility or specialized facility as such
terms are defined in the Nursing Home Care Act,
b. a residential care home as such term is defined by the
Residential Care Act,
c. an adult day care center as such term is defined in
the Adult Day Care Act,
d. an assisted living center as such term is defined by
the Continuum of Care and Assisted Living Act,
e. a continuum of care facility as such term is defined
by the Continuum of Care and Assisted Living Act,
f. a home health or home care agency,
g. the Department of Human Services, in its capacity as
an operator of any hospital or health care institution
Oklahoma Statutes - Title 63. Public Health and Safety Page 759
or as a contractor with providers under the Medicaid
State Plan Personal Care Program,
h. any facility operated by the Oklahoma Department of
Veterans Affairs, and
i. any facility approved and annually reviewed by the
United States Department of Veterans Affairs as a
medical foster home in which care is provided
exclusively to three or fewer veterans;
3. “Home health or home care agency” means any person,
partnership, association, corporation, or other organization which
administers, offers, or provides health care services or supportive
assistance for compensation to three or more ill, disabled, or
infirm persons in the temporary or permanent residence of such
persons, and includes any subunits or branch offices of a parent
home health or home care agency;
4. “Bureau” means the Oklahoma State Bureau of Investigation;
and
5. “Completion of the sentence” means the last day of the
entire term of the incarceration imposed by the sentence including
any term that is deferred, suspended, or subject to parole.
B. Before a nurse aide begins employment or a contract to
provide nursing care, health-related services, or supportive
assistance to any individual, the employer shall provide for a
criminal history background check to be made on the nurse aide
pursuant to the provisions of the Long-term Care Security Act. If
the employer is a facility, home, or institution which is part of a
larger complex of buildings, the requirement of a criminal history
background check shall apply only to an offer of employment or
contract made to a person who will work primarily in the immediate
boundaries of the facility, home, or institution.
Where the provisions of the Long-term Care Security Act
pertaining to registry screenings and national criminal history
record checks are not in effect pending an effective date
established in rulemaking, an employer is authorized to obtain any
criminal history background records maintained by the Bureau
pursuant to the following:
1. The employer shall request the Bureau to conduct a criminal
history background check on the nurse aide and shall provide to the
Bureau any relevant information required by the Bureau to conduct
the check. The employer shall pay a fee of Fifteen Dollars ($15.00)
to the Bureau for each criminal history background check that is
conducted pursuant to such a request;
2. An employer may make an offer of temporary employment to a
nurse aide pending the results of the criminal history background
check. The employer in such instance shall provide to the Bureau
the name and relevant information relating to the person within
seventy-two (72) hours after the date the person accepts temporary
Oklahoma Statutes - Title 63. Public Health and Safety Page 760
employment. The employer shall not hire or contract with the nurse
aide on a permanent basis until the results of the criminal history
background check are received;
3. An employer may accept a criminal history background report
less than one (1) year old of a person to whom such employer makes
an offer of employment. The report shall be obtained from the
previous employer or contractor of such person and shall only be
obtained upon the written consent of such person; and
4. Every employer while subject to the provisions of this
subsection shall inform each applicant for employment, or each
prospective contract provider, as applicable, that the employer is
required to obtain a criminal history background record before
making an offer of permanent employment or contract to a nurse aide.
C. 1. If the results of a criminal history background check
reveal that the subject person has been convicted of, pled guilty or
no contest to, or received a deferred sentence for, a felony or
misdemeanor offense for any of the following offenses in any state
or federal jurisdiction, the employer shall not hire or contract
with the person:
a. abuse, neglect, or financial exploitation of any
person entrusted to the care or possession of such
person,
b. rape, incest, sodomy, or any crime that resulted in
the person being registered on a sex offender registry
at any time,
c. child abuse,
d. murder or attempted murder,
e. manslaughter,
f. kidnapping,
g. human trafficking,
h. aggravated assault and battery,
i. assault and battery with a dangerous weapon, or
j. arson in the first degree.
2. If less than five (5) years have elapsed since the
completion of sentence, and the results of a criminal history check
reveal that the subject person has been convicted of, or pled guilty
or no contest to, a felony or misdemeanor offense for any of the
following offenses, in any state or federal jurisdiction, the
employer shall not hire or contract with the person:
a. assault,
b. battery,
c. indecent exposure and indecent exhibition, except
where such offense disqualifies the applicant as a
registered sex offender,
d. pandering,
e. burglary in the first or second degree,
f. robbery in the first or second degree,
Oklahoma Statutes - Title 63. Public Health and Safety Page 761
g. robbery or attempted robbery with a dangerous weapon,
or imitation firearm,
h. arson in the second degree,
i. unlawful manufacture, distribution, prescription, or
dispensing of a Schedule I through V drug as defined
by the Uniform Controlled Dangerous Substances Act,
j. grand larceny, or
k. petit larceny or shoplifting.
D. An employer shall not employ or continue employing a person
addicted to any Schedule I through V drug as specified by the
Uniform Controlled Dangerous Substances Act unless the person
produces evidence that the person has successfully completed a drug
rehabilitation program.
E. All employment eligibility determination records received by
the employer pursuant to this section are confidential and are for
the exclusive use of the State Department of Health and the employer
which requested the information. Except on court order or with the
written consent of the person being investigated, the records shall
not be released or otherwise disclosed to any other person or
agency. These records shall be destroyed after one (1) year from
the end of employment of the person to whom such records relate.
F. As part of the inspections required by the Nursing Home Care
Act, Continuum of Care and Assisted Living Act, the Residential Care
Act, and the Adult Day Care Act, the State Department of Health
shall review the employment files of any facility, home, or
institution required to obtain a criminal history background
determination to ensure such facilities, homes, or institutions are
in compliance with the provisions of this section.
Added by Laws 1990, c. 149, § 1, eff. Oct. 1, 1990. Amended by Laws
1991, c. 315, § 1, eff. Jan. 1, 1992; Laws 1992, c. 139, § 1, eff.
Sept. 1, 1992; Laws 1992, c. 249, § 5, eff. Sept. 1, 1992; Laws
2004, c. 287, § 1, eff. July 1, 2004; Laws 2004, c. 436, § 12,
emerg. eff. June 4, 2004; Laws 2010, c. 185, § 1, eff. Nov. 1, 2010;
Laws 2012, c. 358, § 3, eff. Nov. 1, 2012; Laws 2013, c. 379, § 5,
emerg. eff. May 29, 2013; Laws 2015, c. 8, § 1, eff. Nov. 1, 2015;
Laws 2024, c. 127, § 1, eff. Nov. 1, 2024.
§63-1-1950.2. Nontechnical medical care providers - Employment by
department.
Nothing contained in this act shall be construed as creating an
employer-employee relationship between the Department of Human
Services and anyone contracting with the Department of Human
Services as a nontechnical medical care provider.
Added by Laws 1991, c. 315, § 2, eff. Jan. 1, 1992.
§63-1-1950.3. Nurses aides - Employment of persons not licensed –
Medication aides – Rules for medication administration.
Oklahoma Statutes - Title 63. Public Health and Safety Page 762
A. 1. A nursing facility, specialized facility, continuum of
care facility, assisted living center, adult day care or residential
home, or facility operated by the Oklahoma Department of Veterans
Affairs, shall not employ as a nurse aide, on a full-time,
temporary, per diem, or any other basis, any individual who is not
certified as a nurse aide in good standing and is not eligible for
placement on the nurse aide registry maintained by the State
Department of Health.
2. The Department may grant a temporary emergency waiver to the
provisions of this paragraph to any nursing facility, continuum of
care facility, assisted living center or adult day care or
residential home which can demonstrate that such facility, home or
institution has been unable to successfully meet its staffing
requirements related to the provisions of this paragraph.
B. Such waiver shall require the following:
1. An individual employed as a nurse aide who is enrolled in a
Department-approved training and competency evaluation program for
nurse aides shall successfully complete such training and competency
evaluations within four (4) months of entering the training program;
2. The individual shall obtain certification, and the
Department shall place the nurse aide on the registry within thirty
(30) days after demonstration of competency;
3. Any nursing facility, specialized facility, continuum of
care facility, assisted living center, adult day care or residential
care home that employs an individual who is in nurse aide training,
as provided in this section, shall ensure that the trainee shall:
a. complete the required training and competency program
as provided in rules prior to any direct contact with
a resident or client,
b. not perform any service for which the trainee has not
trained and been determined proficient by the
instructor, and
c. be supervised at all times by no less than a licensed
practical nurse; and
4. No employer may use as a nurse aide an individual who has
not completed the nurse aide training and competency program within
the required four-month period.
C. For purposes of this section, "four (4) months" means the
equivalent of four (4) months of full-time employment as a nurse
aide by any employer in any nursing facility, specialized facility,
continuum of care facility, assisted living center, adult day care
or residential care home.
D. 1. The Department may grant a trainee a one-time extension
of the four-month training requirement if:
a. such requirement causes an undue hardship for the
trainee due to unusual circumstances or illness, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 763
b. the trainee has demonstrated a good faith effort to
complete the training and competency evaluation
program.
2. The State Board of Health shall promulgate rules related to
the review of and the process and conditions for such an extension.
E. 1. Certified medication aides, upon successful completion
of competency standards or prescribed training courses, shall be
eligible to distribute medications or treatments provided by
paragraph 2 of this subsection within a:
a. correctional facility, as set forth in Section 623 of
Title 57 of the Oklahoma Statutes,
b. correctional facility operated by a contractor of the
Department of Corrections,
c. county or municipal jail,
d. nursing facility,
e. specialized facility,
f. continuum of care facility,
g. assisted living center,
h. adult day care,
i. residential care home, or
j. facilities operated by the Oklahoma Department of
Veterans Affairs.
2. Certified medication aides may:
a. perform fingerstick blood sugars,
b. administer diabetic medications, including
subcutaneous injections of insulin, provided that the
certified medication aide has completed a Department-
approved advanced training program on diabetes and the
administration of diabetes medications, including
injections,
c. administer medications, first aid treatments and
nutrition; by oral, rectal, vaginal, otic, ophthalmic,
nasal, skin, topical, transdermal, and
nasogastric/gastrostomy tubes routes, and
d. administer oral metered dose inhalers and nebulizers;
3. The State Board of Health shall establish rules necessary to
ensure the safety of medication administration by certified
medication aides, including but not limited to:
a. competency and practice standards for medication
aides,
b. maintaining a list of skills and functions that
medication aides will be able to perform upon
completion of certification course work,
c. certification and recertification requirements for
medication aides,
Oklahoma Statutes - Title 63. Public Health and Safety Page 764
d. development of criteria and procedures for approval or
disapproval of training and competency evaluation
programs, and
e. procedures for denying, suspending, withdrawing, or
refusing to renew certification for a medication aide;
4. Each facility shall develop policies and procedures that
comply with the provisions of this subsection and rules promulgated
by the State Board of Health. This policy shall be reviewed and
approved by the facility Medical Director, Director of Nurses and/or
Registered Nurse Consultant.
F. Any person convicted of violating any of the provisions of
this section or Section 1-1950.1 of this title shall be guilty of a
misdemeanor, punishable by a fine of not less than One Hundred
Dollars ($100.00) nor more than Three Hundred Dollars ($300.00),
imprisonment in the county jail for not more than thirty (30) days,
or by both such fine and imprisonment.
Added by Laws 1991, c. 315, § 3, eff. Jan. 1, 1992. Amended by Laws
1999, c. 129, § 1, eff. Nov. 1, 1999; Laws 2002, c. 230, § 15, eff.
Nov. 1, 2002; Laws 2003, c. 429, § 3, emerg. eff. June 6, 2003; Laws
2004, c. 436, § 13, emerg. eff. June 4, 2004; Laws 2005, c. 460, §
12, eff. Nov. 1, 2005; Laws 2006, c. 79, § 2, emerg. eff. April 21,
2006; Laws 2011, c. 255, § 1, eff. Nov. 1, 2011; Laws 2013, c. 379,
§ 6, emerg. eff. May 29, 2013.
NOTE: Laws 2004, c. 420, § 1 repealed by Laws 2005, c. 1, § 92,
emerg. eff. March 15, 2005.
§63-1-1950.4. Nurse aides – Uniform employment application.
A. 1. The State Department of Health, in conjunction with the
Office of the State Long-term Care Ombudsman of the Department,
shall develop a uniform employment application to be used in the
hiring of nurse aide staff by a nursing facility or a specialized
facility as such terms are defined in the Nursing Home Care Act, a
residential care home, as such term is defined by the Residential
Care Act, an assisted living center as such term is defined by the
Continuum of Care and Assisted Living Act, a continuum of care
facility as defined by the Continuum of Care and Assisted Living
Act, a hospice inpatient facility or program providing hospice
services as such terms are defined by the Oklahoma Hospice Licensing
Act, an adult day care center as such term is defined by the Adult
Day Care Act, and a home care agency as defined by the Home Care
Act. Such uniform application shall be used as the only application
for employment of nurse aides in such facilities on and after
January 1, 2001.
2. Nothing in this section shall prohibit the State Department
of Health or any other state agency from requiring applicants for
any position in the classified service to be certified by the state
using the State of Oklahoma employment application.
Oklahoma Statutes - Title 63. Public Health and Safety Page 765
B. The uniform employment application shall be designed to
gather all pertinent information for entry into the nurse aide
registry maintained by the State Department of Health. The uniform
application shall also contain:
1. A signature from the applicant to confirm or deny any
previous felony conviction;
2. A release statement for the applicant to sign giving the
State Department of Health and the Oklahoma State Bureau of
Investigation the authority to proceed with the state or national
criminal history record checks; and
3. Such other information deemed necessary by the Department.
C. The Department shall provide implementation training on the
use of the uniform employment application.
Added by Laws 2000, c. 340, § 23, eff. July 1, 2000. Amended by
Laws 2001, c. 381, § 25, eff. July 1, 2001; Laws 2003, c. 339, § 5,
eff. Nov. 1, 2003; Laws 2012, c. 358, § 4, eff. Nov. 1, 2012; Laws
2024, c. 339, § 13, eff. Nov. 1, 2024.
§63-1-1950.4a. Uniform employment application for nurse aides -
Providing false information - Penalties.
A. It shall be unlawful for any person to provide false
information regarding a criminal conviction on the uniform
employment application for nurse aides. The State Department of
Health shall amend the uniform employment application to include a
statement informing the applicant of this provision.
B. Any violation of the provisions of subsection A of this
section shall constitute a misdemeanor. Every violator, upon
conviction, shall be punished by a fine not to exceed Five Hundred
Dollars ($500.00), by imprisonment in the county jail for a term of
not more than one (1) year, or by both such fine and imprisonment.
Added by Laws 2003, c. 344, § 1, emerg. eff. May 29, 2003.
§63-1-1950.5. Caregiver - Solicitation or acceptance of gifts -
Offense.
A. 1. It shall be unlawful for a caregiver to solicit or
accept anything of value greater than One Dollar ($1.00) from any
person in the caregiver’s care; provided, however, nothing in this
section shall be construed as prohibiting a group of individuals,
including family members and friends of residents, from establishing
an employee recognition program consisting of voluntary, anonymous
and confidential donations to care providers; provided further, no
care provider shall be included in the group making decisions
regarding the disbursement. Such donations may be disbursed
pursuant to procedures established by the group.
2. As used in this section, “caregiver” means a person who is:
a. the paid agent or employee of:
(1) an assisted living center,
Oklahoma Statutes - Title 63. Public Health and Safety Page 766
(2) a nursing facility, specialized facility, or
residential care home as such terms are defined
in Section 1-1902 of this title,
(3) an adult day care center as such term is defined
in Section 1-872 of this title,
(4) a home health or home care agency, or
(5) the Department of Human Services, in its capacity
as an operator of any hospital or health care
institution, or as a contractor with providers
under the Personal Care Services Program, or
b. a personal care attendant hired by a consumer under
the Oklahoma Consumer-Directed Personal Assistance and
Support Services (Oklahoma CD-PASS) Program.
“Caregiver” does not include a guardian, limited guardian, or
conservator as such terms are defined in the Oklahoma Guardianship
and Conservatorship Act.
B. Any person who violates the provisions of paragraph 1 of
subsection A of this section, upon conviction, shall be guilty of a
misdemeanor.
Added by Laws 2001, c. 393, § 5, eff. Nov. 1, 2001. Amended by Laws
2003, c. 71, § 1, eff. Nov. 1, 2003; Laws 2004, c. 285, § 3, eff.
July 1, 2004.
NOTE: Laws 2004, c. 249, § 4 repealed by Laws 2005, c. 1, § 93,
emerg. eff. March 15, 2005.
§63-1-1950.6. Effective date - Definitions.
A. Sections 1-1950.6 through 1-1950.9 of this title shall be
effective September 1, 2005.
B. As used in Sections 1-1950.6 through 1-1950.9 of this title:
1. “Board” means the State Board of Health;
2. "Bureau" means the Oklahoma State Bureau of Investigation;
3. "Department" means the State Department of Health;
4. “Nursing facility” means a nursing facility and specialized
facility as such terms are defined in Section 1-1902 of this title;
5. “Nontechnical services worker” means a person employed by a
nursing facility to provide, for compensation, nontechnical services
in or upon the premises of a nursing facility. The term
“nontechnical services worker” shall not include a nurse aide, or
any person who is exempt from the criminal arrest check provisions
of Section 1-1950.1 of this title; and
6. “Nontechnical services” means services that:
a. are performed in or on the premises of a nursing
facility and that are predominantly physical or manual
in nature, and
b. involve or may involve patient contact including, but
not limited to, housekeeping, janitorial or
Oklahoma Statutes - Title 63. Public Health and Safety Page 767
maintenance services, food preparation and
administrative services.
Added by Laws 2002, c. 470, § 2, eff. July 1, 2002. Amended by Laws
2005, c. 465, § 7, emerg. eff. June 9, 2005.
§63-1-1950.7. Nontechnical services worker abuse registry.
A. The State Department of Health shall establish a registry
for those nontechnical services workers that have been noted to have
committed abuse, verbal abuse, or exploitation of a resident in a
nursing facility.
B. The State Board of Health shall promulgate rules to
establish and maintain the nontechnical services worker abuse
registry. Such rules may include, but need not be limited to:
1. A procedure for notation in the abuse registry of a final
State Department of Health investigative finding or an
Administrative Law Judge finding of abuse, verbal abuse, or
exploitation, as these terms are defined in Section 10-103 of Title
43A of the Oklahoma Statutes, of an individual by a nontechnical
services worker;
2. A procedure for notice and due process for a nontechnical
services worker or applicant before the entering of such person's
name in the abuse registry as having a final Department
investigative finding or Administrative Law Judge finding of abuse,
verbal abuse, or exploitation of an individual; and
3. Disclosure requirements for information in the abuse
registry.
C. The nontechnical services worker abuse registry shall
include, but not be limited to, the following information on each
nontechnical services worker:
1. The individual's full name;
2. Information necessary to identify each individual;
3. The date the individual's name was placed in the abuse
registry; and
4. Information on any final Department investigative finding or
Administrative Law Judge finding of abuse, verbal abuse or
exploitation, as these terms are defined in Section 10-103 of Title
43A of the Oklahoma Statutes, concerning the nontechnical services
worker.
D. A nontechnical services worker or applicant who is adversely
affected by an Administrative Law Judge finding of abuse, verbal
abuse or exploitation of an individual may seek judicial review
pursuant to the provisions of Article II of the Administrative
Procedures Act. The finding of the Administrative Law Judge may be
appealed to the district court in which the nontechnical services
worker or applicant resides within thirty (30) days of the date of
the decision. A copy of the petition shall be served by mail upon
the general counsel of the Department.
Oklahoma Statutes - Title 63. Public Health and Safety Page 768
Added by Laws 2002, c. 470, § 3, eff. July 1, 2002.
§63-1-1950.8. Criminal history records and nontechnical services
worker abuse registry search – Temporary employment.
A. 1. Before any nursing facility makes an offer to employ a
nontechnical services worker applicant subject to subsection A of
Section 1-1950.7 of this title on or after the effective date of
Sections 1-1950.6 through 1-1950.9 of this title, to provide
nontechnical services, the nursing facility shall:
a. provide for a criminal history records search to be
conducted upon the nontechnical services worker
applicant pursuant to the provisions of the Long-Term
Care Security Act, and
b. check with the Department to determine whether the
name of the applicant seeking employment appears on
the nontechnical services worker abuse registry
created pursuant to the provisions of Section 1-1950.7
of this title. If the name of the applicant seeking
employment with the nursing facility is listed on the
abuse registry as having a final Department
investigative finding or an Administrative Law Judge
finding pursuant to the requirements of Section 1-
1950.7 of this title, and the Department has allowed
for notice and opportunity for due process for such
applicant, the nursing facility shall not hire the
applicant.
2. Where the provisions of the Long-Term Care Security Act
pertaining to registry screenings and national criminal history
record checks are not in effect pending an effective date in
rulemaking, an employer is authorized to obtain any criminal history
background records maintained by the Oklahoma State Bureau of
Investigation pursuant to the following:
a. the employer shall request the Bureau to conduct a
criminal history background check on the nontechnical
services worker and shall provide to the Bureau any
relevant information required by the Bureau to conduct
the check. The employer shall pay a fee of Fifteen
Dollars ($15.00) to the Bureau for each criminal
history background check that is conducted pursuant to
such a request,
b. an employer may make an offer of temporary employment
to a nontechnical services worker pending the results
of the criminal history background check. The
employer in such instance shall provide to the Bureau
the name and relevant information relating to the
person within seventy-two (72) hours after the date
the person accepts temporary employment. The employer
Oklahoma Statutes - Title 63. Public Health and Safety Page 769
shall not hire or contract with the nontechnical
services worker on a permanent basis until the results
of the criminal history background check are received,
c. an employer may accept a criminal history background
report less than one (1) year old of a nontechnical
services worker to whom such employer makes an offer
of employment or employment contract. The report
shall be obtained from the previous employer or
contractor of such person and shall only be obtained
upon the written consent of such person, and
d. every employer while subject to the provisions of this
subsection shall inform each applicant for employment,
or each prospective contract provider, as applicable,
that the employer is required to obtain a criminal
history background record before making an offer of
permanent employment or contract to a nontechnical
services worker.
B. Every nursing facility shall inform each nontechnical
services worker applicant for employment of the requirement to
obtain a criminal check and an abuse registry review before making
an offer of permanent employment with a nontechnical services worker
applicant.
C. A nursing facility shall not hire or contract with and shall
immediately terminate the employment, contract or volunteer
arrangement of any applicant, contract worker or employee for whom
the results of a criminal history records search from any
jurisdiction reveals that such person has a disqualifying criminal
offense listed in subsection C of Section 1-1950.1 of this title.
D. All employment eligibility determination records received by
the nursing facility are for the exclusive use of the State
Department of Health and the nursing facility that requested the
information. Except as otherwise provided by Sections 1-1950.6
through 1-1950.9 of this title or upon court order or with the
written consent of the person being investigated, the employment
eligibility determination records shall not be released or otherwise
disclosed to any other person or agency.
E. Any person releasing or disclosing any information in
violation of this section, upon conviction thereof, shall be guilty
of a misdemeanor.
F. As part of any inspections required by law, the Department
shall review the employment files of the nursing facility required
to conduct a criminal history records search to ensure compliance
with the provisions of this section.
Added by Laws 2002, c. 470, § 4, eff. July 1, 2002. Amended by Laws
2012, c. 358, § 5, eff. Nov. 1, 2012.
§63-1-1950.9. Fine and imprisonment.
Oklahoma Statutes - Title 63. Public Health and Safety Page 770
Any violation of the provisions of Sections 2 through 4 of this
act shall be deemed a misdemeanor and, upon conviction or plea of
guilty or nolo contendere, shall be punishable by a fine of not
less than Three Hundred Dollars ($300.00), but not more than One
Thousand Dollars ($1,000.00). In addition to the fine, such
violator may be imprisoned in the county jail for not more than
thirty (30) days. Each day that the violation continues shall be
considered to be a separate violation.
Added by Laws 2002, c. 470, § 5, eff. July 1, 2002.
§63-1-1951. Certification, training and registration.
A. The State Department of Health shall have the power and duty
to:
1. Issue certificates of training and competency for nurse
aides;
2. Approve training and competency programs including, but not
limited to, education-based programs and employer-based programs,
including those programs established pursuant to Section 223.1 of
Title 72 of the Oklahoma Statutes;
3. Determine curricula and standards for training and
competency programs. The Department shall require such training to
include a minimum of ten (10) hours of training in the care of
Alzheimer's patients;
4. Establish and maintain a registry for certified nurse aides
and for nurse aide trainees;
5. Establish categories and standards for nurse aide
certification and registration, including feeding assistants as
defined in 42 CFR Parts 483 and 488;
6. Exercise all incidental powers as necessary and proper to
implement and enforce the provisions of this section; and
7. Suspend or revoke any certification issued to any nurse
aide, if:
a. the nurse aide is found to meet any of the
requirements contained in subsection D of Section 1-
1947 of this title,
b. the nurse aide is found to meet any of the
requirements contained in subsection C of Section 1-
1950.1 of this title, or
c. the nurse aide is found to have committed abuse,
neglect or exploitation of a resident or
misappropriation of resident or client property
pursuant to the requirements contained in paragraph 7
of subsection D of this section. The action to revoke
or suspend may be included with the filing of any
action pursuant to the requirements of paragraph 7 of
subsection D of this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 771
B. The State Board of Health shall promulgate rules to
implement the provisions of this section and shall have power to
assess fees.
1. Each person certified as a nurse aide pursuant to the
provisions of this section shall be required to pay certification
and recertification fees in amounts to be determined by the State
Board of Health, not to exceed Fifteen Dollars ($15.00).
2. In addition to the certification and recertification fees,
the State Board of Health may impose fees for training or education
programs conducted or approved by the Department, except for those
programs operated by the Oklahoma Department of Veterans Affairs.
3. All revenues collected as a result of fees authorized in
this section and imposed by the Board shall be deposited into the
Public Health Special Fund.
C. Only a person who has qualified as a certified nurse aide
and who holds a valid current nurse aide certificate for use in this
state shall have the right and privilege of using the title
Certified Nurse Aide and to use the abbreviation CNA after the name
of such person. Any person who violates the provisions of this
section shall be subject to a civil monetary penalty to be assessed
by the Department.
D. A person qualified by the Department as a certified nurse
aide shall be deemed to have met the requirements to work as a home
health aide pursuant to the provisions of the Home Care Act and
shall require no further licensure for performing services within
the scope of practice of home health aides.
E. 1. The State Department of Health shall establish and
maintain a certified nurse aide, nurse aide trainee and feeding
assistant registry that:
a. is sufficiently accessible to promptly meet the needs
of the public and employers, and
b. provides a process for notification and investigation
of alleged abuse, exploitation or neglect of residents
of a facility or home, clients of an agency or center,
or of misappropriation of resident or client property.
2. The registry shall contain information as to whether a nurse
aide has:
a. successfully completed a certified nurse aide training
and competency examination,
b. met all the requirements for certification, or
c. received a waiver from the Board.
3. The registry shall include, but not be limited to, the
following information on each certified nurse aide or nurse aide
trainee:
a. the full name of the individual,
b. information necessary to identify each individual.
Certified nurse aides and nurse aide trainees shall
Oklahoma Statutes - Title 63. Public Health and Safety Page 772
maintain with the registry current residential
addresses and shall notify the registry, in writing,
of any change of name. Notification of change of name
shall require certified copies of any marriage license
or other court document which reflects the change of
name. Notice of change of address or telephone number
shall be made within ten (10) days of the effected
change. Notice shall not be accepted over the phone,
c. the date the individual became eligible for placement
in the registry, and
d. information on any finding of the Department of abuse,
neglect or exploitation by the certified nurse aide or
nurse aide trainee, including:
(1) documentation of the Department's investigation,
including the nature of the allegation and the
evidence that led the Department to confirm the
allegation,
(2) the date of the hearing, if requested by the
certified nurse aide or nurse aide trainee, and
(3) statement by the individual disputing the finding
if the individual chooses to make one.
4. The Department shall include the information specified in
subparagraph d of paragraph 3 of this subsection in the registry
within ten (10) working days of the substantiating finding and it
shall remain in the registry, unless:
a. it has been determined by an administrative law judge,
a district court or an appeal court that the finding
was in error, or
b. the Board is notified of the death of the certified
nurse aide or nurse aide trainee.
5. Upon receipt of an allegation of abuse, exploitation or
neglect of a resident or client, or an allegation of
misappropriation of resident or client property by a certified nurse
aide or nurse aide trainee, the Department shall place a pending
notation in the registry until a final determination has been made.
If the investigation, or administrative hearing held to determine
whether the certified nurse aide or nurse aide trainee is in
violation of the law or rules promulgated pursuant thereto, reveals
that the abuse, exploitation or neglect, or misappropriation of
resident or client property was unsubstantiated, the pending
notation shall be removed within twenty-four (24) hours of receipt
of notice by the Department.
6. The Department shall, after notice to the individuals
involved and a reasonable opportunity for a hearing, make a finding
as to the accuracy of the allegations.
7. If the Department after notice and opportunity for hearing
determines with clear and convincing evidence that abuse, neglect or
Oklahoma Statutes - Title 63. Public Health and Safety Page 773
exploitation, or misappropriation of resident or client property has
occurred and the alleged perpetrator is the person who committed the
prohibited act, notice of the findings shall be sent to the nurse
aide and to the district attorney for the county where the abuse,
neglect or exploitation, or misappropriation of resident or client
property occurred and to the Medicaid Fraud Control Unit of the
Attorney General's Office. Notice of ineligibility to work as a
nurse aide in a long-term care facility, a residential care
facility, assisted living facility, day care facility, or any entity
that requires certification of nurse aides, and notice of any
further appeal rights shall also be sent to the nurse aide.
8. In any proceeding in which the Department is required to
serve notice or an order on an individual, the Department may send
written correspondence to the address on file with the registry. If
the correspondence is returned and a notation of the United States
Postal Service indicates "unclaimed" or "moved" or "refused" or any
other nondelivery markings and the records of the registry indicate
that no change of address as required by this subsection has been
received by the registry, the notice and any subsequent notices or
orders shall be deemed by the court as having been legally served
for all purposes.
9. The Department shall require that each facility check the
nurse aide registry before hiring a person to work as a nurse aide.
If the registry indicates that an individual has been found, as a
result of a hearing, to be personally responsible for abuse, neglect
or exploitation, that individual shall not be hired by the facility.
10. If the state finds that any other individual employed by
the facility has neglected, abused, misappropriated property or
exploited in a facility, the Department shall notify the appropriate
licensing authority and the district attorney for the county where
the abuse, neglect or exploitation, or misappropriation of resident
or client property occurred.
11. Upon a written request by a certified nurse aide or nurse
aide trainee, the Board shall provide within twenty (20) working
days all information on the record of the certified nurse aide or
nurse aide trainee when a finding of abuse, exploitation or neglect
is confirmed and placed in the registry.
12. Upon request and except for the names of residents and
clients, the Department shall disclose all of the information
relating to the confirmed determination of abuse, exploitation and
neglect by the certified nurse aide or nurse aide trainee to the
person requesting such information, and may disclose additional
information the Department determines necessary.
13. A person who has acted in good faith to comply with state
reporting requirements and this section of law shall be immune from
liability for reporting allegations of abuse, neglect or
exploitation.
Oklahoma Statutes - Title 63. Public Health and Safety Page 774
F. Each nurse aide trainee shall wear a badge which clearly
identifies the person as a nurse aide trainee. Such badge shall be
furnished by the facility employing the trainee. The badge shall be
nontransferable and shall include the first and last name of the
trainee.
G. 1. For purposes of this section, "feeding assistant" means
an individual who is paid to feed residents by a facility or who is
used under an arrangement with another agency or organization and
meets the requirements cited in 42 CFR Parts 483 and 488.
2. Each facility that employs or contracts employment of a
feeding assistant shall maintain a record of all individuals, used
by the facility as feeding assistants, who have successfully
completed a training course approved by the state for paid feeding
assistants.
Added by Laws 1996, c. 336, § 8, eff. Nov. 1, 1996. Amended by Laws
2002, c. 230, § 16, eff. Nov. 1, 2002; Laws 2005, c. 460, § 13, eff.
Nov. 1, 2005; Laws 2006, c. 16, § 44, emerg. eff. March 29, 2006;
Laws 2012, c. 358, § 6, eff. Nov. 1, 2012; Laws 2013, c. 379, § 7,
emerg. eff. May 29, 2013; Laws 2015, c. 122, § 1, eff. Nov. 1, 2015;
Laws 2017, c. 77, § 2, eff. Nov. 1, 2017.
NOTE: Laws 2005, c. 235, § 1 repealed by Laws 2006, c. 16, § 45,
emerg. eff. March 29, 2006.
§63-1-1951.1. Rules and implementation.
The State Board of Health and the War Veterans Commission shall
promulgate rules to implement the provisions of this act.
Added by Laws 2013, c. 379, § 8, emerg. eff. May 29, 2013.
§63-1-1952. Repealed by Laws 2007, c. 93, § 8, eff. Nov. 1, 2007.
§63-1-1953.1. Renumbered as § 1-1956.1 of this title by Laws 2020,
c. 39, § 7, eff. Nov. 1, 2020.
§63-1-1953.2. Renumbered as § 1-1956.2 of this title by Laws 2020,
c. 39, § 8, eff. Nov. 1, 2020.
§63-1-1953.3. Renumbered as § 1-1956.3 of this title by Laws 2020,
c. 39, § 9, eff. Nov. 1, 2020.
§63-1-1953.4. Renumbered as § 1-1956.4 of this title by Laws 2020,
c. 39, § 10, eff. Nov. 1, 2020.
§63-1-1953.5. Renumbered as § 1-1956.5 of this title by Laws 2020,
c. 39, § 11, eff. Nov. 1, 2020.
§63-1-1953.6. Renumbered as § 1-1956.6 of this title by Laws 2020,
c. 39, § 12, eff. Nov. 1, 2020.
Oklahoma Statutes - Title 63. Public Health and Safety Page 775
§63-1-1953.7. Renumbered as § 1-1956.7 of this title by Laws 2020,
c. 39, § 13, eff. Nov. 1, 2020.
§63-1-1955.1. Short title.
This act shall be known and may be cited as the “Oklahoma Long-
Term Care Partnership Act”.
Added by Laws 2004, c. 283, § 1.
§63-1-1955.2. Definitions.
As used in the Oklahoma Long-Term Care Partnership Act, unless
the context clearly indicates otherwise:
1. “Asset disregard” means the total assets an individual owns
and may retain upon application for the state Medicaid program and
still qualify for benefits if the individual:
a. is a beneficiary of a Long-Term Care Partnership
Program approved policy, and
b. has exhausted the benefits of such policy.
Asset disregard is increased by One Dollar ($1.00) for each One
Dollar ($1.00) of benefit paid out under the individual’s long-term
insurance policy if the individual purchased the policy through the
Oklahoma Long-Term Care Partnership Program;
2. “Authority” means the Oklahoma Health Care Authority;
3. “State Medicaid program” means the federal medical
assistance program established under Title XIX of the Social
Security Act; and
4. “Oklahoma Long-Term Care Partnership Program approved
policy” means a long-term care insurance policy that is approved by
the Insurance Department and provided through state-approved long-
term care insurers through the Oklahoma Long-Term Care Partnership
Program.
Added by Laws 2004, c. 283, § 2.
§63-1-1955.3. Oklahoma Long-Term Care Partnership Program -
Purposes - Exhaustion of benefits - Asset disregard.
A. Upon repeal of the restrictions to asset protection
contained in the Omnibus Budget Reconciliation Act of 1993, Public
Law 103-66, 107 Stat. 312, there shall be established the Oklahoma
Long-Term Care Partnership Program, to be administered by the
Oklahoma Health Care Authority, with the assistance of the Insurance
Department, to do the following:
1. Provide incentives for individuals to insure against the
costs of providing for their long-term care needs;
2. Provide a mechanism for individuals to qualify for coverage
of the cost of their long-term care needs under the state Medicaid
program without first being required to substantially exhaust their
resources;
Oklahoma Statutes - Title 63. Public Health and Safety Page 776
3. Provide counseling services to individuals in planning for
their long-term care needs; and
4. Alleviate the financial burden on the state’s Medicaid
program by encouraging the pursuit of private initiatives.
B. Upon exhaustion of benefits under a Long-Term Care
Partnership Program policy, certain resources of an individual, as
described in subsection C of this section, shall not be considered
by the Authority when determining any of the following:
1. Medicaid eligibility;
2. The amount of any Medicaid payment; and
3. Any subsequent recovery by the state of a payment for
medical services.
C. The Oklahoma Health Care Authority shall amend the state
Medicaid program to allow for asset disregard. The Authority shall
provide for asset disregard by counting insurance benefits paid
under a policy toward asset disregard to the extent the payments are
for covered services under the Oklahoma Long-Term Care Partnership
Program for purchasers of an Oklahoma Long-Term Care Partnership
Program approved policy.
Added by Laws 2004, c. 283, § 3.
§63-1-1955.4. Eligibility for assistance under state Medicaid
program - Continuing eligibility for asset disregard - Reciprocal
agreements.
A. An individual who is a beneficiary of an Oklahoma Long-Term
Care Partnership Program approved policy is eligible for assistance
under the state Medicaid program using asset disregard pursuant to
the provisions of subsection C of Section 3 of the Oklahoma Long-
Term Care Partnership Act.
B. If the Oklahoma Long-Term Care Partnership Program is
discontinued, an individual who purchased an Oklahoma Long-Term Care
Partnership Program approved policy prior to the date the program
was discontinued shall be eligible to receive asset disregard.
C. The Oklahoma Health Care Authority may enter into reciprocal
agreements with other states to extend the asset disregard to
residents of the state who purchase long-term care policies in
another state which has an asset disregard program that is
substantially similar to the asset disregard program as established
under the Oklahoma Long-Term Care Partnership Act.
Added by Laws 2004, c. 283, § 4.
§63-1-1955.5. Promulgation of rules.
The Oklahoma Health Care Authority and the Insurance Department
are hereby authorized to promulgate rules to implement and
administer the provisions of the Oklahoma Long-Term Care Partnership
Act.
Added by Laws 2004, c. 283, § 5.
Oklahoma Statutes - Title 63. Public Health and Safety Page 777
§63-1-1955.6. Long-term care insurance policies - Notice regarding
asset disregard and asset tests.
A. A long-term care insurance policy issued after the effective
date of this act shall contain a notice provision to the consumer
detailing in plain language the current law pertaining to asset
disregard and asset tests.
B. The notice to the consumer under subsection A of this
section shall be developed by the Insurance Commissioner.
Added by Laws 2004, c. 283, § 6.
§63-1-1956.1. Definitions.
As used in Section 1-1953.1 et seq. of this title:
1. "Assisted living center" shall have the same meaning as
provided by Section 1-890.2 of this title;
2. "Authorized electronic monitoring" means the placement of
electronic monitoring devices in the common areas or room of a
resident of a nursing facility, assisted living center or continuum
of care facility and the tapes or recordings from such devices
pursuant to the provisions of Section 1-1953.1 et seq. of this
title;
3. "Authorized electronic monitoring devices" means:
a. video surveillance cameras installed in the common
areas or resident's room under the provisions of
Section 1-1953.1 et seq. of this title, or
b. audio devices installed in the room of a resident
under the provisions of Section 1-1953.1 et seq. of
this title that are designed to acquire communications
or other sounds occurring in the room;
4. "Continuum of care facility" shall have the same meaning as
provided by Section 1-890.2 of this title;
5. "Nursing facility" means the term as defined in Section 1-
1902 of Title 63 of the Oklahoma Statutes;
6. "Representative of a resident" means a court-appointed
guardian or, if there is no court-appointed guardian, the parent of
a minor, a relative or other person, designated in writing by the
resident; provided, that any owner, operator, administrator or
employee of a facility subject to the provisions of the Nursing Home
Care Act, the Continuum of Care and Assisted Living Act, the
Residential Care Act or the Group Homes for the Developmentally
Disabled or Physically Handicapped Persons Act shall not be
appointed guardian or limited guardian of a resident of the nursing
facility, assisted living center or continuum of care facility
unless the owner, operator, administrator or employee is the spouse
of the resident or a relative of the resident within the second
degree of consanguinity and is otherwise eligible for appointment;
Oklahoma Statutes - Title 63. Public Health and Safety Page 778
7. "Resident" means a person residing in a nursing facility,
assisted living center or continuum of care facility; and
8. "Unauthorized electronic monitoring" means electronic,
mechanical, or other devices that do not meet the provisions of
Section 1-1953.1 et seq. of this title and that are specifically
used for the nonconsensual interception of wire or electronic
communications.
Added by Laws 2013, c. 204, § 1, eff. Nov. 1, 2013. Amended by Laws
2020, c. 39, § 2, eff. Nov. 1, 2020. Renumbered from § 1-1953.1 of
this title by Laws 2020, c. 39, § 7, eff. Nov. 1, 2020.
§63-1-1956.2. Notice of electronic monitoring - Refusal to admit -
Signs.
A. A nursing facility, assisted living center or continuum of
care facility shall provide written notice to each resident, or to
the representative of a resident, that authorized electronic
monitoring of a resident's room conducted under the provisions of
Section 1-1953.1 et seq. of this title is not compulsory and shall
only be conducted with the written consent of the resident or the
representative of the resident.
B. A nursing facility, assisted living center or continuum of
care facility shall not refuse to admit an individual to residency
in the facility or center and shall not remove a resident from a
facility or center because of authorized electronic monitoring of a
resident's room.
C. A nursing facility, assisted living center or continuum of
care facility shall post at or near its main entrances a sign that
clearly states that electronic monitoring and audio devices may be
in use in the facility or center.
Added by Laws 2013, c. 204, § 2, eff. Nov. 1, 2013. Amended by Laws
2020, c. 39, § 3, eff. Nov. 1, 2020. Renumbered from § 1-1953.2 of
this title by Laws 2020, c. 39, § 8, eff. Nov. 1, 2020.
§63-1-1956.3. Obstruction of electronic monitoring devices -
Penalties.
A. No person or entity shall intentionally hamper, obstruct,
tamper with, or destroy an electronic monitoring device installed in
a nursing facility, assisted living center or continuum of care
facility.
B. Any person or entity that intentionally hampers, obstructs,
tampers with, or destroys a recording or an electronic monitoring
device installed in a nursing facility, assisted living center or
continuum of care facility shall be subject to the penalties
prescribed in Section 1993 of Title 21 of the Oklahoma Statutes.
C. No person or entity shall intercept a communication or
disclose or use an intercepted communication of an electronic
monitoring device placed or installed in a common area of a nursing
Oklahoma Statutes - Title 63. Public Health and Safety Page 779
facility, assisted living center or continuum of care facility
without the express written consent of the facility, or, for an
electronic monitoring device installed in a resident's room, the
express written consent of the resident or the representative of the
resident.
Added by Laws 2013, c. 204, § 3, eff. Nov. 1, 2013. Amended by Laws
2020, c. 39, § 4, eff. Nov. 1, 2020. Renumbered from § 1-1953.3 of
this title by Laws 2020, c. 39, § 9, eff. Nov. 1, 2020.
§63-1-1956.4. Admission into evidence.
Subject to the provisions of law, a tape or recording created
through the use of authorized electronic monitoring pursuant to this
act may be admitted into evidence in a civil or criminal court
action or administrative proceeding.
Added by Laws 2013, c. 204, § 4, eff. Nov. 1, 2013. Renumbered from
§ 1-1953.4 of this title by Laws 2020, c. 39, § 10, eff. Nov. 1,
2020.
§63-1-1956.5. Electronic monitoring of residents.
A. A resident or the representative of a resident may conduct
authorized electronic monitoring of the resident's room through the
use of authorized electronic monitoring devices placed in the room
pursuant to the provisions of Section 1-1953.1 et seq. of this title
at the expense of such person or representative of the resident and
with the written consent of any other resident living in the room.
B. A resident who conducts authorized electronic monitoring or
the representative of the resident may post and maintain a notice at
the entrance to the resident's room stating that the room is being
monitored by an electronic monitoring device.
C. Nothing in Section 1-1953.1 et seq. of this title shall be
construed to prevent a resident or the representative of the
resident from placing an electronic monitoring device in the
resident's room at the expense of such person; however, if such
resident is sharing a room with any other resident, the resident or
the representative of the resident shall obtain written consent from
such other resident or the representative of the resident living in
the room and such consent shall be on a form prescribed by the State
Department of Health and shall be placed on file with the
administrator of the facility.
D. If a resident residing in a shared room, or the
representative of a resident residing in a shared room, desires to
utilize an authorized electronic monitoring device and another
resident living in such shared room refuses to consent to the use of
an authorized electronic monitoring device, the nursing facility,
assisted living center or continuum of care facility shall
accommodate the resident or the representative of the resident
desiring to utilize an authorized electronic monitoring device to
Oklahoma Statutes - Title 63. Public Health and Safety Page 780
move to another room if the resident or resident's representative
requests such a room change within a reasonable amount of time.
Added by Laws 2013, c. 204, § 5, eff. Nov. 1, 2013. Amended by Laws
2020, c. 39, § 5, eff. Nov. 1, 2020. Renumbered from § 1-1953.5 of
this title by Laws 2020, c. 39, § 11, eff. Nov. 1, 2020.
§63-1-1956.6. Consent for electronic monitoring.
A. A resident or representative of a resident who wishes to
conduct authorized electronic monitoring shall be required to notify
the nursing facility, assisted living center or continuum of care
facility on the consent form prescribed by the State Department of
Health.
B. The consent form prescribed by the Department shall require
the resident or the representative of a resident to obtain the
consent of any other resident in the room or the representative of a
resident, using the consent form prescribed for this purpose by the
Department, if the resident resides in a room with another resident.
C. Consent may be given only:
1. By the resident or any other resident in the room; or
2. By the representative of the resident or representative of
any other resident in the room.
D. Another resident in the room may:
1. When the proposed electronic monitoring device is a video
surveillance camera, condition consent on the camera being pointed
away from the consenting resident; and
2. Condition consent on the use of an audio electronic
monitoring device being limited or prohibited.
E. Except as provided for in Section 1-1953.7 of this title,
authorized electronic monitoring may begin only after the required
consent forms specified in Section 1-1953.1 et seq. of this title
have been completed and returned to the nursing facility, assisted
living center or continuum of care facility and placed on file with
the administrator of such facility or center.
F. If authorized electronic monitoring is being conducted in
the room of a resident, another resident may not be moved into the
room unless the resident or representative of the resident has
consented to the use of existing electronic monitoring, in
accordance with Section 1-1953.1 et seq. of this title.
G. The Department may include other information that it
considers to be appropriate on any form it is required to prescribe
under the provisions of Section 1-1953.1 et seq. of this title.
H. The Department shall prescribe the forms required by Section
1-1953.1 et seq. of this title no later than November 1, 2013, and
shall make such forms available on its website.
Added by Laws 2013, c. 204, § 6, eff. Nov. 1, 2013. Amended by Laws
2020, c. 39, § 6, eff. Nov. 1, 2020. Renumbered from § 1-1953.6 of
this title by Laws 2020, c. 39, § 12, eff. Nov. 1, 2020.
Oklahoma Statutes - Title 63. Public Health and Safety Page 781
§63-1-1956.7. Residents utilizing existing electronic monitoring
devices.
Any resident or the representative of the resident utilizing
existing electronic monitoring devices prior to November 1, 2013,
shall comply with all written consent and disclosure provisions of
this act no later than January 1, 2014.
Added by Laws 2013, c. 204, § 7, eff. Nov. 1, 2013. Renumbered from
§ 1-1953.7 of this title by Laws 2020, c. 39, § 13, eff. Nov. 1,
2020.
§63-1-1960. Short title.
This act shall be known and may be cited as the "Home Care Act".
Added by Laws 1992, c. 139, § 2, eff. Sept. 1, 1992.
§63-1-1961. Definitions.
As used in the Home Care Act:
1. “Board” means the State Board of Health;
2. “Certification” means verification of appropriate training
and competence established by the State Commissioner of Health by
rules promulgated pursuant to the Home Care Act for home health
aides and home care agency administrators;
3. “Department” means the State Department of Health;
4. “Health care provider” means a physician, physician
assistant or Advanced Practice Registered Nurse recognized by the
Oklahoma Board of Nursing as a Certified Nurse Practitioner or a
Clinical Nurse Specialist;
5. “Home care agency” means any sole proprietorship,
partnership, association, corporation or other organization which
administers, offers or provides home care services, for a fee or
pursuant to a contract for such services, to clients in their place
of residence. The term home care agency shall not include:
a. individuals who contract with the Department of Human
Services to provide personal care services, provided
such individuals shall not be exempt from
certification as home health aides,
b. organizations that contract with the Oklahoma Health
Care Authority as intermediary services organizations
(ISOs) to provide federal Internal Revenue Service
fiscal and supportive services to Oklahoma Consumer-
Directed Personal Assistance Services and Supports
(CD-PASS) waiver program participants who have
employer responsibility for hiring, training,
directing and managing an individual personal care
attendant,
c. CD-PASS waiver program employer participants, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 782
d. PACE organizations as defined by 42 C.F.R., Section
460.6;
6. “Home care services” means skilled or personal care services
provided to clients in their place of residence for a fee;
7. “Home health aide” means an individual who provides personal
care to clients in their temporary or permanent place of residence
for a fee;
8. “Home care agency administrator” means a person who
operates, manages, supervises, or is in charge of a home care
agency;
9. “Personal care” means assistance with dressing, bathing,
ambulation, exercise or other personal needs;
10. “Skilled care” means home care services performed on a
regular basis by:
a. a trained respiratory therapist/technician,
b. a person currently licensed by this state including
but not limited to a Licensed Practical Nurse,
Registered Nurse, physical therapist, occupational
therapist, speech therapist, or social worker, or
c. for the exclusive purpose of the program established
under Section 1 of this act and subject to the scope
of practice standards and restrictions established by
the Authority under Section 1 of this act, a family
member of a Medicaid enrollee who is recognized by the
Authority as a family caregiver;
11. “Standby assistance” means supervision of client directed
activities with verbal prompting and infrequent, incidental hands-on
intervention only; and
12. “Supportive home assistant” means an individual employed by
a home care agency who provides standby assistance to ambulatory
clients, in conjunction with other companionship or homemaker
services, in the temporary or permanent place of residence of the
client for a fee.
Added by Laws 1992, c. 139, § 3, eff. Sept. 1, 1992. Amended by
Laws 1995, c. 169, § 1, emerg. eff. May 4, 1995; Laws 1996, c. 349,
§ 1, eff. Nov. 1, 1996; Laws 2004, c. 249, § 1, eff. Nov. 1, 2004;
Laws 2009, c. 370, § 1, eff. Nov. 1, 2009; Laws 2021, c. 284, § 2,
emerg. eff. April 27, 2021; Laws 2024, c. 294, § 3, emerg. eff. May
13, 2024; Laws 2025, c. 153, § 2, eff. July 1, 2025.
§63-1-1962. Home care agency license — Applicability of act.
A. No home care agency, as that term is defined by the Home
Care Act, shall operate without first obtaining a license as
required by the Home Care Act.
B. No licensed health care facility, licensed physician,
advanced practice registered nurse, physician assistant, or state
agency employee acting in the performance of his or her duties shall
Oklahoma Statutes - Title 63. Public Health and Safety Page 783
refer a client for personal care services as defined in Section 1-
1961 of this title or for companion or sitter services as defined in
subsection A of Section 1-1972 of this title, except to an agency
licensed to provide such services. For purposes of this subsection,
"licensed health care facility" shall include acute care hospitals,
long-term acute care hospitals, rehabilitation hospitals, skilled
nursing facilities, assisted living facilities, residential care
homes, home care agencies, adult day care centers and hospice
agencies.
C. 1. No employer or contractor, except as otherwise provided
by this subsection, shall employ or contract with any individual as
a home health aide for more than four (4) months, on a full-time,
temporary, per diem or other basis, unless the individual is a
licensed health professional or unless the individual has satisfied
the requirements for certification and placement on the home health
aide registry maintained by the State Department of Health.
2. a. Any person in the employment of a home care agency as
a home health aide on June 30, 1992, with continuous
employment through June 30, 1993, shall be granted
home health aide certification by the Department on
July 1, 1993. The home care agency shall maintain
responsibility for assurance of specific competencies
of the home health aide and shall only assign the home
health aide to tasks for which the aide has been
determined to be competent.
b. Any home health aide employed between the dates of
July 1, 1992, and June 30, 1993, shall be eligible for
certification by passing a competency evaluation and
testing as required by the Department.
c. Any home health aide employed on and after July 1,
1996, shall complete any specified training,
competency evaluation and testing required by the
Department.
D. The provisions of the Home Care Act shall not apply to:
1. A person acting alone who provides services in the home of a
relative, neighbor or friend;
2. A person who provides maid services only;
3. A nurse service or home aide service conducted by and for
the adherents to any religious denomination, the tenets of which
include reliance on spiritual means through prayer alone for
healing;
4. A person providing hospice services pursuant to the Oklahoma
Hospice Licensing Act;
5. A nurse-midwife;
6. An individual, agency, or organization that contracts with
the Oklahoma Health Care Authority to provide services under the
Home- and Community-Based Waiver for persons with developmental
Oklahoma Statutes - Title 63. Public Health and Safety Page 784
disabilities or that contracts with the Department of Human Services
to provide community services to persons with developmental
disabilities; provided, that staff members and individuals providing
the services shall receive a level of training, approved by the
Department of Human Services, which meets or exceeds the level
required pursuant to the Home Care Act. An individual, agency, or
organization otherwise covered under the Home Care Act shall be
exempt from the act only for those paraprofessional direct care
services provided under contracts referenced in this paragraph;
7. An individual, agency, or organization that provides or
supports the provision of personal care services to an individual
who performs individual employer responsibilities of hiring,
training, directing and managing a personal care attendant as part
of the Oklahoma Health Care Authority Consumer-Directed Personal
Assistance Supports and Services (CD-PASS) waiver program. An
individual, agency, or organization otherwise covered under the
provisions of the Home Care Act shall be exempt from the act only
for those paraprofessional direct care services provided under
Oklahoma Health Care Authority contracts referenced in this
paragraph, but shall not be exempt from the criminal history
background check required under the Home Care Act and Section 1-
1950.1 of this title for other paraprofessional direct care service
providers. A personal care attendant hired by a consumer under the
CD-PASS program shall be exempt from certification as a home health
aide, provided such personal care attendant receives the training
required and approved by the Department of Human Services;
8. An individual who only provides Medicaid home- and
community-based personal care services pursuant to a contract with
the Oklahoma Health Care Authority;
9. An individual who:
a. is employed by a licensed home care agency exclusively
to provide personal care services in the home,
b. has no convictions pursuant to a criminal history
investigation as provided in Section 1-1950.1 of this
title,
c. is being continuously trained by a registered nurse to
provide care that is specific to the needs of the
client receiving the care,
d. is supervised by a registered nurse via an on-site
visit at least once every three (3) months or sooner
if the client experiences a significant change in
health condition including, but not limited to, a
surgery or a hospital stay, and
e. has demonstrated competency in a written training plan
developed by a registered nurse employed by the home
care agency that shall include, at a minimum, the
following:
Oklahoma Statutes - Title 63. Public Health and Safety Page 785
(1) observation, reporting, and documentation of
client status and assistance or other services
furnished,
(2) maintenance of a clean, safe, and healthy
environment,
(3) recognizing an emergency and necessary emergency
procedures,
(4) safe techniques to provide assistance with
bathing, grooming, and toileting,
(5) assistance with meal preparation and safe food
handling and storage,
(6) client rights and responsibilities and the need
for respect for the client and for the privacy
and property of the client, and
(7) basic infection control practices to include, at
a minimum, instruction in acceptable hand hygiene
techniques and the application of standard
precautions;
10. A home or facility approved and annually reviewed by the
United States Department of Veterans Affairs as a medical foster
home in which care is provided exclusively to three or fewer
veterans; or
11. A person qualified by the Department as a certified nurse
aide pursuant to the provisions of Section 1-1951 of this title.
Added by Laws 1992, c. 139, § 4, eff. Sept. 1, 1992. Amended by
Laws 1996, c. 157, § 1, eff. July 1, 1996; Laws 1997, c. 407, § 20,
eff. Nov. 1, 1997; Laws 1998, c. 5, § 19, emerg. eff. March 4, 1998;
Laws 2004, c. 249, § 2, eff. Nov. 1, 2004; Laws 2009, c. 370, § 2,
eff. Nov. 1, 2009; Laws 2012, c. 12, § 4, emerg. eff. April 5, 2012;
Laws 2012, c. 265, § 2, eff. Nov. 1, 2012; Laws 2017, c. 77, § 3,
eff. Nov. 1, 2017; Laws 2021, c. 125, § 1, eff. Nov. 1, 2021; Laws
2022, c. 228, § 38, emerg. eff. May 5, 2022; Laws 2024, c. 150, § 1,
eff. Nov. 1, 2024.
NOTE: Laws 1997, c. 219, § 1 repealed by Laws 1998, c. 5, § 29,
emerg. eff. March 4, 1998. Laws 2021, c. 284, § 3 repealed by Laws
2022, c. 228, § 39, emerg. eff. May 5, 2022.
§63-1-1962a. Certification of home care agency administrators.
A. 1. The State Board of Health shall have authority to
determine the qualifications, skill and fitness of any person
employed to serve as an administrator of a home care agency. The
State Board of Health in promulgating rules pursuant to this section
may consider advice and comments from representatives of home care
agencies, home care agency administrators and representatives of
statewide organizations for home care agency clients.
2. The State Board of Health shall develop standards which must
be met by individuals in order to receive certification as a home
Oklahoma Statutes - Title 63. Public Health and Safety Page 786
health agency administrator, which standards shall be designed to
ensure that home health agency administrators will be individuals
who are of good character and are suitable, and who, by training or
experience, are qualified to serve as home health agency
administrators.
B. The State Department of Health, pursuant to rules
promulgated by the Board, shall:
1. Develop and apply appropriate techniques, including
examinations and investigations, for determining whether an
individual meets such standards as established in paragraph 2 of
subsection A of this section;
2. Certify individuals determined, after the application of
such techniques, to meet such standards, and revoke or suspend
certification previously issued by the Department in any case where
the individual holding any such certification is determined
substantially to have failed to conform to the requirements of such
standards;
3. Establish and carry out procedures designed to ensure that
individuals certified as home health agency administrators will,
during any period that they serve as such, comply with the
requirements of such standards; and
4. Receive, investigate, and take appropriate action with
respect to any charge or complaint filed with the Department to the
effect that any individual certified as a home care agency
administrator has failed to comply with the requirements of such
standards.
C. 1. In order to further ensure minimum standards for
certification, the Board shall require a home care agency
administrator to receive education or training which shall include,
but not be limited to, training in administration, supervision,
fiscal management, ethics, community relations, public information
and human relations, concerning the issues associated with the
operation of home care agencies and programs. Any person employed
as an administrator after November 1, 1996, shall have completed the
education or training specified by this subsection.
2. On and after August 1, 1997, proof of successful completion
of the education, training or continuing education, as applicable,
for the home care agency administrator shall be required prior to
issuance or renewal of a license for a home care agency pursuant to
the provisions of the Home Care Act.
D. It shall be unlawful and a misdemeanor for any person to act
or serve in the capacity as a home care agency administrator unless
such individual is the holder of a certification as a home care
agency administrator, issued in accordance with the provisions of
the Home Care Act.
E. Each person certified as a home care agency administrator
pursuant to the provisions of this section shall be required to pay
Oklahoma Statutes - Title 63. Public Health and Safety Page 787
an annual certification fee in an amount to be determined by the
State Board of Health not to exceed Two Hundred Dollars ($200.00).
Each such certificate shall expire on the 31st day of July following
its issuance and shall be renewable for twelve (12) months beginning
August 1, upon payment of the annual certification fee.
F. In addition to the annual certification fees, the State
Board of Health may impose fees for training or education programs
conducted or approved by the Board.
G. All revenues collected as a result of fees authorized in
this section and imposed by the Board shall be deposited into the
Public Health Special Fund.
Added by Laws 1996, c. 349, § 4, eff. Nov. 1, 1996.
§63-1-1962b. Eligibility certification and oversight by healthcare
provider.
Eligibility of a patient for home care services shall be
certified by a healthcare provider, and care of the patient shall be
overseen by the healthcare provider. This section is retroactive
and shall apply to any eligibility certification conducted on or
after March 27, 2020.
Added by Laws 2021, c. 284, § 1, emerg. eff. April 27, 2021.
§63-1-1963. State Department of Health - Powers and duties - Rules
and regulations for investigation and hearing of complaints.
A. The State Department of Health shall have the power and duty
to:
1. Issue, renew, deny, modify, suspend and revoke licenses and
deny renewal of licenses for agencies, and issue, renew, deny,
modify, suspend and revoke certificates and deny renewal of
certificates for home health aides pursuant to the provisions of the
Home Care Act;
2. Establish and enforce qualifications, standards and
requirements for licensure of home care agencies and certification
of home health aides; provided, nothing in this paragraph shall be
construed as to require a hospice to employ a home health aide as a
condition of licensure;
3. Issue or renew a license to establish or operate a home care
agency if the Department determines that the agency meets the
requirements of or is accredited or certified by one of the
following accrediting or certifying organizations or programs. In
addition, the accredited home care agency through this paragraph
will not be subject to an inspection or examination by the
Department unless necessary to investigate complaints under
subsection B of this section:
a. Title XVIII or XIX of the federal Social Security Act,
Oklahoma Statutes - Title 63. Public Health and Safety Page 788
b. the Joint Commission on Accreditation of Healthcare
Organizations/Home Care Accreditation Services
(JCAHO),
c. the Community Health Accreditation Program of the
National League for Nursing (CHAP), or
d. the Accreditation Commission for Health Care (ACHC);
4. Establish and maintain a registry of certified home health
aides;
5. Enter any home care agency when reasonably necessary for the
sole purpose of inspecting and investigating conditions of the
agency for compliance with the provisions of the Home Care Act, or
compliance with the standards and requirements for licensure or
certification developed by the Department pursuant to the provisions
of the Home Care Act;
6. Establish administrative penalties for violations of the
provisions of the Home Care Act; and
7. Exercise all incidental powers as necessary and proper for
the administration of the Home Care Act.
B. 1. The State Board of Health shall promulgate rules
necessary for the investigation and hearing of complaints regarding
a home care agency or home health aide.
2. The Department shall establish procedures for receipt and
investigation of complaints regarding a home care agency or home
health aide.
3. A complaint regarding a home care agency or home health aide
shall not be made public unless a completed investigation
substantiates the violations alleged in the complaint.
Added by Laws 1992, c. 139, § 5, eff. Sept. 1, 1992. Amended by
Laws 2011, c. 107, § 1, eff. Nov. 1, 2011; Laws 2017, c. 77, § 4,
eff. Nov. 1, 2017.
§63-1-1964. Contents, coverage and scope of rules.
The State Commissioner of Health shall promulgate rules
necessary to implement the provisions of the Home Care Act. Such
rules shall include, but shall not be limited to:
1. Minimum standards for home care services. In establishing
such standards, the Commissioner shall consider those standards
adopted by state and national home care associations;
2. Requirements for the certification and renewal certification
of home health aides and home care agency administrators;
3. Provisions for transfer of ownership of a licensed agency;
4. A requirement that each licensed agency create and disclose
to its clients a statement of clients' rights and responsibilities;
5. Establishing continuing education requirements for renewal
of certifications for home care agency administrators;
6. Requirements for financial resources to ensure a home care
agency's ability to provide adequate home care services;
Oklahoma Statutes - Title 63. Public Health and Safety Page 789
7. Standards for assessing an applicant's business and
professional experience as demonstrated in prior health care
provider operations including, but not limited to, nursing homes,
residential care homes, and home care and in previous compliance
with all lawful orders of suspension, receivership, administrative
penalty or sanction issued by the State Department of Health or by
other administrative agencies in other states with similar
responsibilities;
8. Restrictions on any agency, agency employee, or agency
contractor providing skilled care or conducting an in-home
assessment of the need for skilled care unless and until the agency
receives a healthcare provider's order to provide skilled care or to
conduct an in-home assessment of the need for skilled care;
provided, however, such restrictions shall not prevent an agency
from providing personal care to a client without a healthcare
provider's order. Provided further, such restrictions shall not
apply to in-home assessments of home and community-based waiver
clients in the state Medicaid program;
9. Restrictions on any agency, agency employee, or agency
contractor soliciting, coercing, or harassing a consumer of home
care services or who may need home care services; and
10. Standards or other provisions which do not conflict with
any federal requirements relating to the federal Medicaid and
Medicare programs.
Added by Laws 1992, c. 139, § 6, eff. Sept. 1, 1992. Amended by
Laws 1996, c. 349, § 2, eff. Nov. 1, 1996; Laws 1997, c. 238, § 7,
eff. Nov. 1, 1997; Laws 2004, c. 249, § 3, eff. Nov. 1, 2004; Laws
2021, c. 284, § 4, emerg. eff. April 27, 2021.
§63-1-1965. Procedures for licensure.
A. Every person, corporation, partnership, association or other
legal entity desiring to obtain a license to establish, or to obtain
a renewal license to operate, a home care agency in this state shall
make application to the State Department of Health in such form and
accompanied by such information as the State Commissioner of Health
shall prescribe. Such information shall include, but not be limited
to:
1. The name and location of the home care agency for which a
license is sought; and
2. The name and address of the person or persons under whose
ownership, operation, management, or supervision the home care
agency will be conducted.
B. 1. An application for an initial license to establish or
operate a new home care agency shall be accompanied by a
nonrefundable application fee of up to Three Thousand Dollars
($3,000.00) not to exceed the reasonable costs incurred by the
Department in implementing the Home Care Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 790
2. An application for a license, or renewal thereof, to operate
an existing home care agency shall be accompanied by a nonrefundable
licensing fee of Five Hundred Dollars ($500.00).
3. An application for license, or renewal thereof, to establish
or operate a home care agency branch office of an agency licensed in
the State of Oklahoma shall be accompanied by a nonrefundable
licensing fee of Twenty-five Dollars ($25.00).
4. Funds collected pursuant to this section shall be deposited
in the Home Health Care Revolving Fund.
C. Disclosure statements shall be completed by the applicant
and all affiliated persons and such other legal entities specified
by this subsection. The disclosure statements shall be made a part
of the application and shall include, but not be limited to, the
following information:
1. The full name and address of the applicant, and all
affiliated persons;
2. The full name and address of any legal entity in which the
applicant holds a debt or equity interest of at least five percent
(5%) or which is a parent company or subsidiary of the applicant;
3. A description of any ongoing organizational relationships as
they may impact operations within the state; and
4. The names, locations, and dates of ownership, operation, or
management for all current and prior home care agencies owned,
operated or managed in this state or in any other state by the
applicant or by any affiliated persons.
D. An application for a license for a home care agency may be
denied by the Commissioner for any of the following reasons:
1. Failure to meet any of the minimum standards of the Home
Care Act or rules of the Board promulgated pursuant thereto; or
2. Conviction of the applicant, or any affiliated persons, for
any offense listed in subsection F of Section 1-1950.1 of this
title.
E. The license issued by the Commissioner shall:
1. Not be transferable or assignable except to any affiliated
person, parent company or subsidiary of the applicant or legal
entity which has an ongoing organizational relationship with the
applicant;
2. Be posted in a conspicuous place, open to the public, on the
licensed premises;
3. Be issued only for the premises named in the application;
and
4. Except as otherwise provided by this paragraph, expire on
July 31 of each year. The Department shall promulgate rules which
will authorize or allow:
a. the term of a renewal license issued pursuant to the
Home Care Act prior to the effective date of this act
which will expire prior to July 1, 1997, to be
Oklahoma Statutes - Title 63. Public Health and Safety Page 791
extended or any application fee or other fee required
by the Home Care Act to be prorated so that a renewal
license may be issued on August 1, 1997, and
b. the issuance of a new license, or a renewal license,
prior to or after the effective date of this act to
establish or operate a home care agency pursuant to
the Home Care Act for less than one (1) year or the
proration of any application fee or other fee so
required so that a renewal license may be issued on
August 1, 1997.
F. After issuing a license, the Commissioner may revoke or
suspend the license based on any of the following grounds:
1. Violation of any of the provisions of the Home Care Act or
the rules or standards promulgated by the Board; or
2. Permitting, aiding, or abetting the commission of any
illegal act by a licensed home care agency.
G. The issuance or renewal of a license after notice of a
violation shall not constitute a waiver by the Department of its
power to rely on the violation as the basis for subsequent
revocation of a license or other enforcement action authorized by
the Home Care Act.
H. For purposes of this section:
1. "Affiliated person" means:
a. any officer, director or partner of the applicant,
b. any person employed by the applicant as a general or
key manager who directs the operations of the facility
which is the subject of the application, and
c. any person owning or controlling more than five
percent (5%) of the applicant's debt or equity; and
2. "Subsidiary" means any person, firm, corporation or other
legal entity which:
a. controls or is controlled by the applicant,
b. is controlled by an entity that also controls the
applicant, or
c. the applicant or an entity controlling the applicant
has directly or indirectly the power to control.
Added by Laws 1992, c. 139, § 7, eff. Sept. 1, 1992. Amended by
Laws 1994, c. 283, § 18, eff. Sept. 1, 1994; Laws 1994, c. 382, §
30, eff. Sept. 1, 1994; Laws 1996, c. 349, § 3, eff. Nov. 1, 1996.
§63-1-1966. Violations - Penalties.
Any home care agency, home care agency administrator, or home
health aide covered by the Home Care Act that has been determined by
the State Department of Health to have violated any provision of the
Home Care Act or any rule promulgated thereto may be liable for an
administrative penalty of not more than One Hundred Dollars
($100.00) per violation for each day on which a violation occurs or
Oklahoma Statutes - Title 63. Public Health and Safety Page 792
continues. The maximum administrative penalty shall not exceed Ten
Thousand Dollars ($10,000.00) for any related series of violations.
Funds collected pursuant to this section shall be deposited in the
Home Health Care Revolving Fund created in Section 1-1971 of this
title.
Added by Laws 1992, c. 139, § 8, eff. Sept. 1, 1992. Amended by
Laws 1994, c. 283, § 20, eff. Sept. 1, 1994; Laws 1994, c. 382, §
31, eff. Sept. 1, 1994; Laws 1997, c. 219, § 2, emerg. eff. May 19,
1997.
§63-1-1967. Violations - Equitable relief - Jurisdiction.
The State Department of Health may bring an action in a court of
competent jurisdiction for equitable relief to redress or restrain a
violation by any person of a provision of the Home Care Act or any
rule promulgated pursuant to the provisions of the Home Care Act.
Said court shall have jurisdiction to determine said action, and to
grant the necessary or appropriate relief, including but not limited
to mandatory or prohibitive injunctive relief or interim equitable
relief.
Added by Laws 1992, c. 139, § 9, eff. Sept. 1, 1992.
§63-1-1967a. Civil actions.
A. Any person, other legal entity, or any governmental agency
may bring a civil action to restrain a provider of home care
services, or a person acting on behalf of the provider or under the
provider's control from, or for the collection of damages caused by:
1. Making or enforcing unconscionable terms or provisions of a
provider agreement;
2. Fraudulent or unconscionable conduct in inducing a patient
to enter into an agreement; or
3. Fraudulent or unconscionable conduct in collecting fees for
services.
B. In an action brought pursuant to this section, the court may
grant relief if it finds:
1. That the defendant has made unconscionable agreements or has
engaged in or is likely to engage in a course of fraudulent or
unconscionable conduct;
2. That the agreements or conduct of the defendant has caused
or is likely to cause injury to a patient; or
3. That the defendant has been able to cause or will be able to
cause injury primarily because of the nature of the services
involved.
C. In applying this section, consideration shall be given to
each of the following factors:
1. Belief by the defendant at the time the services were
provided that there was no reasonable probability of injury;
Oklahoma Statutes - Title 63. Public Health and Safety Page 793
2. Knowledge by the defendant at the time the services were
provided of the inability of the patient to receive substantial
benefit from the services provided;
3. Gross disparity between the price of the services provided
measured by the price at which similar services are readily
available or obtainable by like patients;
4. The fact that the defendant contracted for or received
separate or additional charges for services with the effect of
making the cost for the services provided, considered as a whole,
unconscionable;
5. The fact that the defendant has knowingly taken advantage of
the inability of the patient reasonably to protect the patient's
interests by reason of physical or mental infirmities, ignorance,
illiteracy, or inability to understand the language of the
agreements or similar factors; and
6. Any other fact.
D. In an action brought pursuant to this section, conduct, a
charge, or a practice expressly specified in this section shall not
in itself be deemed unconscionable.
E. With respect to an action brought to restrain actions
pursuant to the provisions of the Home Care Act, or unconscionable
agreements or fraudulent or unconscionable conduct, a person may
apply to the court for temporary relief against a defendant, pending
final determination. If the court finds after a hearing held upon
notice to the defendant that there is reasonable cause to believe
that the defendant should be restrained, it may grant any temporary
relief or restraining order it deems appropriate.
F. In addition, after demand, a person, other legal entity or
governmental agency may bring a civil action against a provider of
home care services, or a person acting on behalf of the provider or
under the provider's control, to recover damages incurred as a
result of any action taken by the provider or such person, subject
to the provisions of this section.
G. The provisions of this section shall not affect any other
remedies available under other principles of law or equity.
Added by Laws 1996, c. 349, § 5, eff. Nov. 1, 1996.
§63-1-1968. Eligibility to serve as guardian.
No agency, employee of any agency, or home health aide shall
serve as the guardian of a client unless such home care provider is
related to the client by blood or marriage and is otherwise eligible
to serve as a guardian.
Added by Laws 1992, c. 139, § 10, eff. Sept. 1, 1992.
§63-1-1969. Administrative Procedures Act - Application.
Oklahoma Statutes - Title 63. Public Health and Safety Page 794
The provisions of the Administrative Procedures Act shall apply
to all administrative rules and procedures of the State Board of
Health promulgated pursuant to the Home Care Act.
Added by Laws 1992, c. 139, § 11, eff. Sept. 1, 1992.
§63-1-1970. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013.
§63-1-1971. Home Health Care Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health, to be designated as the "Home
Health Care Revolving Fund". Said fund shall be a continuing fund
not subject to fiscal year limitations. The fund shall consist of
all monies collected pursuant to the provisions of Section 1-1965
and Section 1-1966 of this title. All monies accruing to said fund
are hereby appropriated and shall be budgeted and expended by the
State Department of Health for licensure and regulation of home care
agencies and branch offices. Expenditures from said 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 1994, c. 283, § 19, eff. Sept. 1, 1994. Amended by
Laws 2012, c. 304, § 488.
§63-1-1972. Companion and sitter service licensure – Requirements -
Violations.
A. As used in this section:
1. “Companion” or “sitter” means assistance with household
tasks, shopping, meal preparation or planning, and provision of
fellowship and other nonpersonal care for the individual including
transportation, letter writing, socialization, and is intended to
enable the individual to remain safely and comfortably in their
place of residence in exchange for consideration; and
2. “Agency” means any partnership, firm, corporation,
association, limited liability company, and any other legal entity
authorized to do business in Oklahoma.
B. The State Board of Health, with the advice and consent of
the Home Health Advisory Board, is authorized to promulgate rules in
accordance with the Home Care Act to cover agencies providing
companion and sitter services that at a minimum require:
1. An individual to be designated by the legal entity to
provide supervision of the companion or sitter services;
2. Criminal background checks;
3. Workers’ compensation coverage;
4. A nonrefundable application fee of One Thousand Dollars
($1,000.00) for an initial license;
5. A nonrefundable renewal application fee of Five Hundred
($500.00);
Oklahoma Statutes - Title 63. Public Health and Safety Page 795
6. Liability insurance in amounts determined by the Department;
and
7. A system of record keeping that shall include:
a. the name, address, and services provided for all
clients,
b. duties performed for each day of service,
c. criminal background checks of companions or sitters
which shall meet the criteria established for
certified nurse aides as provided for in Section 1-
1950.1 of this title, and
d. any other related information.
C. The State Department of Health shall investigate complaints
of noncompliance with the requirements provided in subsection B of
this section concerning agencies that provide companion or sitter
services in this state. Any agency, employer, employee, or
designated agent thereof that provides, offers, or advertises
companion or sitter services shall become licensed with the State
Department of Health pursuant to the Home Care Act.
D. Any agency that:
1. Is represented by the title “home care agency”, without
having first complied with the provisions of the Home Care Act;
2. Otherwise offers to perform personal care or home care
services, as defined in Section 1-1961 of this title;
3. Uses any other name, style, or description denoting that the
agency is licensed to provide personal care or home care services;
or
4. Is in violation of subsection C of this section,
upon conviction, shall be guilty of a misdemeanor and shall be
punished by a fine of not less than Five Hundred Dollars ($500.00)
nor more than Five Thousand Dollars ($5,000.00) for each offense, by
imprisonment for a term not to exceed six (6) months in the county
jail, or by both fine and imprisonment.
E. It shall be unlawful for any agency not licensed in
accordance with the Home Care Act to advertise or otherwise offer
personal care, companion or sitter services, home care services, to
use the title “home care agency”, “home health agency”, or “senior
care agency”, or to provide personal care, companion or sitter
services, or home care services. Such action shall be subject to
equitable relief in accordance with Section 1-1967 of this title.
F. The provisions of this section shall not apply to those
persons exempted under subsection C of Section 1-1962 of this title
and any individual not employed by an agency.
G. The State Board of Health shall promulgate rules necessary
for the investigation and hearing of complaints regarding a
companion or sitter service. The rules shall include provisions for
a review process to be presided over by a mediator or arbitrator,
Oklahoma Statutes - Title 63. Public Health and Safety Page 796
acceptable to all parties, and who is not an employee of the State
Department of Health.
H. An entity that holds a valid license as a home care agency
under the Home Care Act and meets the requirements of this section
may provide companion or sitter services in addition to home care
services under an existing license.
Added by Laws 2007, c. 255, § 1, eff. Nov. 1, 2007. Amended by Laws
2008, c. 41, § 1, emerg. eff. April 18, 2008.
§63-1-1973. Self-administration of medication – Assistance from
certified nurse aide.
A. Patients who are capable of self-administering their own
medications without assistance shall be encouraged and allowed to do
so. However, a certified nurse aide may assist a patient whose
condition is medically stable with the self-administration of
routine, regularly scheduled medications that are intended to be
self-administered, if the following conditions are met:
1. For an oral medication, the medication shall have been
placed in a medication planner by a registered nurse, a relative of
the patient or nursing staff of an Oklahoma licensed home health or
hospice agency that is currently serving the patient; and
2. For all other forms, the certified nurse aide shall assist
with self-administration consistent with a dispensed prescription's
label or the package directions of an over-the-counter medication.
B. For purposes of this section, self-administered medications
include both legend and over-the-counter oral dosage forms, topical
dosage forms and topical ophthalmic, otic and nasal dosage forms
including solutions, suspensions, sprays and inhalers.
C. Assistance with self-administration of medication by a
certified nurse aide may occur only upon a documented request by,
and the written informed consent of, a patient or the patient's
surrogate, guardian or attorney-in-fact.
D. For purposes of this section, assistance with self-
administration of medication includes:
1. Taking an oral medication out of a pill planner and bringing
it to the patient;
2. Placing an oral dosage in the patient's hand or placing the
dosage in another container and helping the patient by lifting the
container to his or her mouth;
3. If ordered by a physician, placing an oral medication in
food before the patient self-administers;
4. Crushing an oral medication pursuant to orders given by a
physician or health care professional;
5. Applying topical medications; and
6. Keeping a record of when a patient receives assistance with
self-administration pursuant to this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 797
E. For purposes of this section, assistance with self-
administration of medication does not include:
1. Removing oral medication from any container other than a
pill planner;
2. Mixing, compounding, converting or calculating medication
doses;
3. The preparation of syringes for injection or the
administration of medications by any injectable route;
4. Administration of medications through intermittent positive
pressure breathing machines;
5. Administration of medications by way of a tube inserted in a
cavity of the body;
6. Administration of parenteral preparations;
7. Irrigations or debriding agents used in the treatment of a
skin condition;
8. Rectal, urethral, or vaginal preparations;
9. Medications ordered by the physician or health care
professional with prescriptive authority to be given "as needed",
unless the order is written with specific parameters that preclude
independent judgment on the part of the certified nurse aide, and at
the request of a competent patient;
10. Medications for which the time of administration, the
amount, the strength of dosage, the method of administration or the
reason for administration requires judgment or discretion on the
part of the certified nurse aide; or
11. Assistance with the self-administration of medication by a
certified nurse aide in an assisted living center through home care
services as provided for in Section 1-890.8 of Title 63 of the
Oklahoma Statutes.
F. Assistance with the self-administration of medication by a
certified nurse aide as described in this section does not
constitute administration as defined in Section 353.1 of Title 59 of
the Oklahoma Statutes.
G. The State Commissioner of Health may by rule establish
procedures and interpret terms as necessary to implement the
provisions of this section.
H. For purposes of this section:
1. "Informed consent" means advising the patient, or the
patient's surrogate, guardian or attorney-in-fact, that the patient
may be receiving assistance with self-administration of medication
from a certified nurse aide; and
2. "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.
Added by Laws 2019, c. 214, § 1, eff. Nov. 1, 2019. Amended by Laws
2022, c. 136, § 14, emerg. eff. April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 798
§63-1-1980. Use of fee proceeds for business expenses.
The owner of any nursing home, assisted living center,
residential care home, continuum of care facility, independent
living facility, life care community, long-term care facility or any
other facility offering similar services which may or may not be
subject to the licensing requirements of the State Department of
Health shall be authorized to use the proceeds from any fees
required by and paid to the facility unless named and specifically
prohibited by the Long-Term Care Insurance Act for business
expenses, including the payment of principal, interest or costs of
borrowing related to debt incurred for purposes of capital asset
acquisition or the improvement or expansion of the facility.
Added by Laws 2008, c. 305, § 9, emerg. eff. June 2, 2008.
§63-1-1990.1. Silver Alert Act.
This act shall be known and may be cited as the “Silver Alert
Act”.
Added by Laws 2009, c. 50, § 1, eff. Nov. 1, 2009.
§63-1-1990.2. Definitions.
As used in the Silver Alert Act:
1. “Alert” means the statewide silver alert for missing senior
citizens;
2. “Local law enforcement agency” includes, but is not limited
to, a county sheriff’s office, a police department of a municipality
or city, or the state highway patrol;
3. “Media outlet” includes but is not limited to radio
stations, television stations, newspapers and local support
organizations; and
4. “Missing senior citizen” means a person:
a. whose whereabouts are unknown,
b. whose age at the time the person is first reported
missing is sixty (60) years of age or older and who is
believed to be suffering from dementia or other
cognitive impairment, and
c. whose disappearance poses a credible threat to the
safety and health of the person, as determined by a
local law enforcement agency.
Added by Laws 2009, c. 50, § 2, eff. Nov. 1, 2009.
§63-1-1990.3. Development and implementation.
The Department of Public Safety shall develop and implement a
statewide silver alert system to be activated on behalf of a missing
senior citizen in cooperation with the Department of Transportation,
the Department of Human Services, any local law enforcement agency,
Oklahoma Statutes - Title 63. Public Health and Safety Page 799
the Oklahoma Association of Broadcasters and any other appropriate
state or local agencies.
Added by Laws 2009, c. 50, § 3, eff. Nov. 1, 2009.
§63-1-1990.4. Statewide coordinator – Adoption of rules – Issuance
of directives.
The Commissioner of Public Safety is the statewide coordinator
of the silver alert system and shall:
1. Adopt rules and issue directives as necessary to ensure
proper implementation of the alert. The rules and directives shall
include:
a. the procedures to be used by a local law enforcement
agency to verify whether a senior citizen:
(1) is missing,
(2) is believed to be suffering from dementia or
other cognitive impairment, and
(3) is one whose disappearance is believed to pose a
credible risk to the health and safety of the
missing person,
b. the criteria for local law enforcement agencies to
consider in circumstances in which a missing person
may not meet the age requirements of a silver alert
but whose safety would be best protected by the
issuance of a silver alert,
c. the procedures for local law enforcement agencies to
follow in initiating a statewide silver alert,
d. the method whereby information is distributed to
statewide media outlets,
e. the procedures for the receipt and evaluation of
information received from the public about the missing
senior citizen, and
f. the procedure for the termination of a silver alert;
and
2. Coordinate with local and statewide media outlets for the
rapid and accurate announcement of a silver alert to the public.
Added by Laws 2009, c. 50, § 4, eff. Nov. 1, 2009.
§63-1-1990.5. Activation of silver alert procedure - Procedure.
A. A silver alert shall be activated if a local law enforcement
agency:
1. Receives notice of a missing senior citizen;
2. Verifies that at the time the senior citizen is reported
missing:
a. the person reported missing is sixty (60) years of age
or older,
b. the location of the senior citizen is unknown, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 800
c. the senior citizen has dementia or other cognitive
impairment;
3. Determines that the disappearance of the senior citizen
poses a credible threat to the health and safety of the senior
citizen; and
4. Determines that information which may assist in the safe
recovery of the missing senior citizen is available.
B. The local law enforcement agency shall:
1. Require the family or legal guardian of the missing senior
citizen to provide documentation of the impaired mental condition of
the senior citizen;
2. Determine identifying information about the missing senior
citizen and any other information which might be useful to the
general public in the safe recovery of the missing senior citizen;
and
3. Report the individual through the national crime information
center immediately upon the issuance of a silver alert.
Added by Laws 2009, c. 50, § 5, eff. Nov. 1, 2009.
§63-1-1990.6. Silver alert information and statements.
The silver alert shall include:
1. All appropriate information that is provided by the local
law enforcement agency that may lead to the safe recovery of the
missing senior citizen; and
2. A statement instructing any person with information related
to the missing senior citizen to contact a local law enforcement
agency.
Added by Laws 2009, c. 50, § 6, eff. Nov. 1, 2009.
§63-1-1990.7. Termination of a silver alert – Senior citizen.
A. The local law enforcement agency responsible for the
issuance of a silver alert shall terminate any silver alert with
respect to a particular missing senior citizen not later than the
earlier of the date on which:
1. The missing senior citizen is located or the situation is
otherwise resolved; or
2. The notification period ends, as determined by Department
rule.
B. A local law enforcement agency that locates a missing senior
citizen who is the subject of a silver alert shall immediately
notify the Department of Public Safety.
Added by Laws 2009, c. 50, § 7, eff. Nov. 1, 2009.
§63-1-1990.8. Short title — Kasey Alert Act.
This act shall be known and may be cited as the "Kasey Alert
Act".
Added by Laws 2023, c. 132, § 1, eff. Nov. 1, 2023.
Oklahoma Statutes - Title 63. Public Health and Safety Page 801
§63-1-1990.9. Definitions.
As used in the Kasey Alert Act:
1. "Alert" or "Kasey Alert" means the statewide Kasey Alert for
critically missing adults;
2. "Ashanti Alert" means the national communications network
established by the Ashanti Alert Act of 2018, Sections 21901 through
21907 of Title 34 of the United States Code;
3. "Critically missing adult" means a person who is at least
eighteen (18) and no older than fifty-nine (59) years of age, whose
whereabouts are unknown and who is believed to have been abducted or
taken against his or her will;
4. "Law enforcement agency" means any law enforcement agency of
the state or any political subdivision thereof, including, but not
limited to, any county sheriff's office, the police departments of
tribal governments, and municipal police departments;
5. "Media outlet" includes, but is not limited to, radio
stations, television stations, newspapers, social media, local
support organizations, and other methods of communicating
information to the public; and
6. "Not Invisible Act of 2019" means the federal law enacted by
United States Congress for the purpose of increasing
intergovernmental coordination to identify and combat violent crime
within Native American lands, Sections 2801 through 2815 of Title 25
of the United States Code.
Added by Laws 2023, c. 132, § 2, eff. Nov. 1, 2023.
§63-1-1990.10. Statewide alert system for critically missing
adults.
The Department of Public Safety shall develop and implement a
statewide Kasey Alert system to be activated on behalf of a
critically missing adult. The Kasey Alert system shall be developed
in cooperation with the Department of Transportation, the Department
of Human Services, the Oklahoma Department of Emergency Management
and Homeland Security, tribal governments, the Oklahoma Association
of Broadcasters, and any other state or local agency that the
Department of Public Safety deems appropriate. The Kasey Alert
system shall be developed with any coordination, training, and
assistance available from the United States Department of Justice
pursuant to the Ashanti Alert Act of 2018 and the Not Invisible Act
of 2019.
Added by Laws 2023, c. 132, § 3, eff. Nov. 1, 2023.
§63-1-1990.11. Statewide coordinator of system — Promulgation of
rules.
A. The Commissioner of Public Safety shall be the statewide
coordinator of the Kasey Alert system and shall coordinate with
Oklahoma Statutes - Title 63. Public Health and Safety Page 802
media outlets for the rapid and accurate announcement of a Kasey
Alert to the public.
B. The Department of Public Safety shall promulgate rules as
necessary to implement this act, provided that the rules shall
include the following:
1. The procedure to be used by law enforcement agencies to
verify whether an adult who has been reported missing is believed to
be at risk of abduction or being taken against his or her will;
2. The criteria for law enforcement agencies to consider in
circumstances in which a missing person may not meet the definition
of a critically missing adult but whose safety would be best
protected by the issuance of a Kasey Alert;
3. The procedure for law enforcement agencies to follow in
initiating a statewide Kasey Alert;
4. The method whereby information is distributed to statewide
media outlets;
5. The procedure for the receipt and evaluation of information
received from the public about a critically missing adult; and
6. The procedure for the termination of a Kasey Alert.
Added by Laws 2023, c. 132, § 4, eff. Nov. 1, 2023.
§63-1-1990.12. Law enforcement duties.
A. When a law enforcement agency receives notice of a
critically missing adult, the agency shall take the following
actions:
1. Enter the missing individual into the National Crime
Information Center (NCIC) database immediately upon obtaining the
necessary information for NCIC pursuant to the guidance of the
Federal Bureau of Investigation (FBI);
2. Conduct an investigation into the disappearance of the
critically missing adult to determine whether the person has likely
been abducted or taken against his or her will; and
3. Collect identifying information and any other information
about the critically missing adult that might be useful to the
general public for the safe recovery of the person.
B. A Kasey Alert shall be activated if a law enforcement agency
receives notice of a critically missing adult, takes the actions
required in subsection A of this section, and determines that there
is sufficient information to issue the Kasey Alert.
Added by Laws 2023, c. 132, § 5, eff. Nov. 1, 2023.
§63-1-1990.13. Alert information.
A Kasey Alert shall include:
1. All appropriate information provided by a law enforcement
agency that may lead to the safe recovery of the critically missing
adult; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 803
2. A statement instructing any person with information related
to a missing Native American or Indigenous person to contact law
enforcement or tribal authorities.
Added by Laws 2023, c. 132, § 6, eff. Nov. 1, 2023.
§63-1-1990.14. Termination of alerts.
A. Any law enforcement agency that issues a Kasey Alert shall
terminate the alert when the notification period ends, as determined
by a Department of Public Safety rule.
B. Any law enforcement agency that locates a person who is the
subject of a Kasey Alert shall immediately notify the Department of
Public Safety.
Added by Laws 2023, c. 132, § 7, eff. Nov. 1, 2023.
§63-1-1991. Training for Alzheimer's and dementia care.
A. The State Board of Health shall promulgate rules that
require all medical and direct care staff of nursing and specialized
facilities, adult day care centers, assisted living centers and home
health agencies licensed by the State Department of Health to
complete, at a minimum, one (1) hour of in-service training per year
in Alzheimer's- and dementia-related care.
B. The curricula for the training shall include, but not be
limited to, learning ways to decode behavior messages, identifying
common behavioral triggers and determining the types of positive
communication that can take place between persons with Alzheimer's
disease and professional caregivers.
C. The Board shall also promulgate rules establishing
appropriate training requirements for support staff working in the
facilities listed in subsection A of this section who do not provide
direct care for patients.
Added by Laws 2017, c. 231, § 1, eff. Nov. 1, 2017.
§63-1-2001. Renumbered as § 2-7-101 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2001.1. Renumbered as § 2-7-102 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2002. Renumbered as § 2-7-103 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2002.a. Renumbered as § 2-7-122 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2003. Renumbered as § 2-7-104 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 804
§63-1-2003.1. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-2004. Renumbered as § 2-7-105 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2004.1. Renumbered as § 2-7-106 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2004.2. Renumbered as § 2-7-107 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2004.3. Renumbered as § 2-7-109 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2005. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-2005.1. Renumbered as § 2-7-123 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2005.2. Renumbered as § 2-7-119 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2005.3. Renumbered as § 2-7-115 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2005.3A. Renumbered as § 2-7-121 of Title 27A by Laws 1993,
c. 145, § 359, eff. July 1, 1993.
§63-1-2005.3B. Renumbered as § 2-7-120 of Title 27A by Laws 1993,
c. 145, § 359, eff. July 1, 1993.
§63-1-2005.3C. Renumbered as § 2-7-201 of Title 27A by Laws 1993,
c. 145, § 359, eff. July 1, 1993.
§63-1-2005.4. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-2006. Renumbered as § 2-7-113 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2006.1. Renumbered as § 2-7-110 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2007. Renumbered as § 2-7-112 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 805
§63-1-2008. Renumbered as § 2-7-116 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2008.1. Renumbered as § 2-7-117 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2009. Renumbered as § 2-7-124 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2009.1. Renumbered as § 2-7-108 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2010. Renumbered as § 2-7-125 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2011. Renumbered as § 2-7-130 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2012. Renumbered as § 2-7-129 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2012.1. Renumbered as § 2-7-126 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2012.2. Renumbered as § 2-7-128 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2012.3. Renumbered as § 2-7-127 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2012.4. Renumbered as § 2-7-132 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2013. Renumbered as § 2-7-131 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2013.1. Renumbered as § 2-7-133 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2014. Renumbered as § 2-7-111 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2014.1. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 806
§63-1-2014.2. Renumbered as § 2-7-118 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2014.3. Renumbered as § 2-7-114 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2015. Renumbered as § 2-7-301 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2016. Renumbered as § 2-7-302 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2017. Renumbered as § 2-7-303 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2018. Renumbered as § 2-7-304 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2019. Renumbered as § 2-7-305 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2020. Renumbered as § 2-7-306 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2021. Renumbered as § 2-7-307 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2053. Renumbered as § 2-11-204 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2101. Renumbered as § 2-8-101 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2102. Renumbered as § 2-8-102 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2103. Renumbered as § 2-8-103 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2104. Renumbered as § 2-8-201 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2105. Renumbered as § 2-8-202 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2106. Renumbered as § 2-8-203 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 807
§63-1-2107. Renumbered as § 2-8-204 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2201. Renumbered as § 1150.2 of Title 59 by Laws 1993, c.
145, § 360, eff. July 1, 1993.
§63-1-2202. Renumbered as § 1150.7 of Title 59 by Laws 1993, c.
145, § 360, eff. July 1, 1993.
§63-1-2203. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-2211. Short title.
This act shall be known and may be cited as the "Long-Term Care
Ombudsman Act".
Added by Laws 1989, c. 326, § 1, emerg. eff. May 26, 1989.
§63-1-2212. Definitions.
As used in the Long-Term Care Ombudsman Act:
1. “Office” means the Office of the State Long-Term Care
Ombudsman. For purposes of the Long-Term Care Ombudsman Act, any
area or local ombudsman entity designated by the State Long-Term
Care Ombudsman shall be deemed to be a subdivision of this Office;
2. “State Long-Term Care Ombudsman” means the individual
employed by the Office of the Attorney General to be the head of the
Office;
3. “Representative” means the State Long-Term Care Ombudsman,
and any state, area, or local long-term care ombudsman designated by
the State Long-Term Care Ombudsman, whether paid or unpaid; and
4. “Resident” means any person residing in a long-term care
facility.
Added by Laws 1989, c. 326, § 2, emerg. eff. May 26, 1989. Amended
by Laws 1996, c. 336, § 10, emerg. eff. June 12, 1996; Laws 2024, c.
339, § 14, eff. Nov. 1, 2024.
§63-1-2213. Office of the State Long-Term Care Ombudsman.
A. There is hereby created within the Office of the Attorney
General the Office of the State Long-Term Care Ombudsman. The
Office, under the auspices and general direction of the State Long-
Term Care Ombudsman, shall carry out a long-term care ombudsman
program in accordance with the Older Americans Act of 1965, as
amended, and in accordance with federal regulations issued pursuant
to the Older Americans Act or as provided by the Long-Term Care
Ombudsman Act.
B. The State Long-Term Care Ombudsman shall, personally or
through representatives of the Office:
Oklahoma Statutes - Title 63. Public Health and Safety Page 808
1. Identify, investigate, and resolve complaints that:
a. are made by, or on behalf of, residents, and
b. relate to action, inaction, or decisions, of:
(1) providers, or representatives of providers, of
long-term care services,
(2) public agencies, or
(3) health and social service agencies,
that may adversely affect the health, safety, welfare, or rights of
the residents;
2. Provide services to assist the residents in protecting their
health, safety, welfare, and rights;
3. Inform residents about means of obtaining services offered
by providers or agencies;
4. Ensure that the residents have regular and timely access to
the services provided through the Office;
5. Ensure that the residents and complainant receive timely
responses from the Office and representatives of the Office
regarding complaints;
6. Represent the interests of residents before governmental
agencies and seek administrative, legal, and other remedies to
protect the health, safety, welfare, and rights of the residents;
7. Provide administrative and technical assistance to area or
local ombudsman entities to assist the entities in participating in
the State Long-Term Care Ombudsman Program;
8. a. analyze, comment on, and monitor the development and
implementation of federal, state, and local laws,
rules, and other government policies and actions that
pertain to the health, safety, welfare, and rights of
the residents, with respect to the adequacy of long-
term care facilities and services in this state,
b. recommend any changes in such laws, rules, policies,
and actions as the Office determines to be
appropriate, and
c. facilitate public comment on the laws, rules,
policies, and actions;
9. a. provide for training representatives of the Office,
b. promote the development of citizen organizations, to
participate in the State Long-Term Care Ombudsman
Program, and
c. provide technical support for the development of
resident and family councils to protect the well-being
and rights of residents; and
10. Carry out such other activities as the Attorney General
determines to be appropriate.
C. 1. In carrying out the duties of the Office, the State
Long-Term Care Ombudsman may designate an entity as an area or local
Oklahoma Statutes - Title 63. Public Health and Safety Page 809
Ombudsman entity, and may designate an employee or volunteer to
represent the entity.
2. An individual so designated shall, in accordance with the
policies and procedures established by the Office and the Attorney
General, carry out such duties and activities as required by the
State Long-Term Care Ombudsman pursuant to the authority granted by
the Long-Term Care Ombudsman Act and rules promulgated by the
Attorney General thereto.
3. Entities eligible to be designated as area or local
Ombudsman entities, and individuals eligible to be designated as
representatives of such entities, shall:
a. have demonstrated capability to carry out the
responsibilities of the Office,
b. be free of conflicts of interest,
c. in the case of the entities, be public or nonprofit
private entities, and
d. meet such additional requirements as the Ombudsman may
specify.
D. 1. In accordance with the Older Americans Act of 1965, as
amended, and in accordance with federal regulations issued pursuant
thereto, or as otherwise provided by the Long-Term Care Ombudsman
Act, the State Long-Term Care Ombudsman and representatives of the
Office shall have:
a. access to long-term care facilities and residents,
b. (1) access to review the medical and social records
of a resident, if:
(a) the representative of the Office has the
permission of the resident, or the legal
representative of the resident, or
(b) the resident is unable to consent to the
review and has no legal representative and
the representative of the Office obtains the
approval of the State Long-Term Care
Ombudsman, or
(2) access to the records as is necessary to
investigate a complaint if:
(a) a legal guardian of the resident refuses to
give the permission,
(b) a representative of the Office has
reasonable cause to believe that the
guardian is not acting in the best interests
of the resident, and
(c) the representative obtains the approval of
the State Long-Term Care Ombudsman,
c. access to the administrative records, policies, and
documents, to which the residents have or the general
public has access, of long-term care facilities, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 810
d. access to copies of all licensing and certification
records maintained by the Office of the Attorney
General or any other agency of this state with respect
to long-term care facilities.
2. For purposes of this subsection, the term “representative of
the Office” shall not include any unpaid or volunteer state, area,
or local ombudsman.
Added by Laws 1989, c. 326, § 3, emerg. eff. May 26, 1989. Amended
by Laws 1994, c. 89, § 1, emerg. eff. April 20, 1994; Laws 1996, c.
336, § 11, emerg. eff. June 12, 1996; Laws 2024, c. 339, § 15, eff.
Nov. 1, 2024.
§63-1-2213.1. Office of the State Long-Term Care Ombudsman —
Transfer to Office of Attorney General.
A. Upon the effective date of this act, the Office of the State
Long-Term Care Ombudsman within the Department of Human Services
shall transfer to the Office of the Attorney General. The Office of
the State Long-Term Care Ombudsman shall continue to exercise its
statutory powers and duties.
B. All equipment, supplies, records, matters pending, assets,
future liabilities, fund balances, encumbrances, obligations,
indebtedness, and legal and contractual rights and responsibilities
of the Office of the State Long-Term Care Ombudsman shall be
transferred to the Office of the Attorney General.
C. Any monies accruing to or in the name of the Office of the
State Long-Term Care Ombudsman on and after the effective date of
this act, or any monies that accrue in any funds or accounts or are
maintained for the benefit of the Office on and after the effective
date of this act, shall be transferred to the Office of the Attorney
General.
D. The Department of Human Services and the Office of the
Attorney General may enter into an agreement for the transfer of
personnel. No employee shall be transferred to the Office of the
Attorney General except on the freely given written consent of the
employee. Any employee who is transferred shall not be required to
accept a lesser grade or salary than presently received. All
employees shall retain leave, sick, and annual time earned, and any
retirement and longevity benefits which have accrued during their
tenure with the Department of Human Services. The transfer of
personnel between the state agencies shall be coordinated with the
Office of Management and Enterprise Services.
E. The Director of the Office of Management and Enterprise
Services shall coordinate the transfer of funds, allotments,
purchase orders, and outstanding financial obligations or
encumbrances as provided for in this section.
F. Upon the effective date of this act, all administrative
rules promulgated by the Director of Human Services for the Office
Oklahoma Statutes - Title 63. Public Health and Safety Page 811
of the State Long-Term Care Ombudsman shall be transferred to and
become a part of the administrative rules of the Office of the
Attorney General. The Office of Administrative Rules in the Office
of the Secretary of State shall provide adequate notice in “The
Oklahoma Register” of the transfer of such rules and shall place the
transferred rules under the Oklahoma Administrative Code title of
the Office of the Attorney General. Such rules shall continue in
force and effect as rules of the Office of the Attorney General from
and after the effective date of this act, and any amendment, repeal,
or addition to the transferred rules shall be under the jurisdiction
of the Attorney General.
Added by Laws 2024, c. 339, § 2, eff. Nov. 1, 2024.
§63-1-2214. Liability of long-term care ombudsman - Legal
representation.
A. For purposes of The Governmental Tort Claims Act, any state,
area, or local long-term care ombudsman shall be deemed to be an
employee of this state and as such shall not be personally liable
for any act or omission made within the “scope of employment”, as
such term is defined by The Governmental Tort Claims Act.
B. 1. The Office of the Attorney General shall assure that
adequate legal counsel is available to the Office of the State Long-
Term Care Ombudsman for the advice and consultation needed to
protect the health, safety, welfare, and rights of residents, and
that legal representation is provided to any representative of the
Office:
a. against whom suit or other legal action is brought in
connection with any act or omission of a
representative made within the scope of employment, or
b. to assist the ombudsman and representatives of the
Office in the performance of their official duties.
2. The provisions of this section shall not be construed to
require or authorize any legal counsel provided by the Office of the
Attorney General to represent any resident of a nursing facility in
an individual capacity.
Added by Laws 1989, c. 326, § 4, emerg. eff. May 26, 1989. Amended
by Laws 1994, c. 89, § 2, emerg. eff. April 20, 1994; Laws 2024, c.
339, § 16, eff. Nov. 1, 2024.
§63-1-2215. Willful interference with official duties - Retaliation
or reprisal for filing complaint - Penalty.
A. No person shall willfully interfere with a representative of
the Office of the State Long-Term Care Ombudsman in the performance
of official duties.
B. No person shall engage in retaliation or reprisal against
any resident or employee of a long-term care facility or other
Oklahoma Statutes - Title 63. Public Health and Safety Page 812
entity for having filed a complaint with or provided information to
the Office.
C. Any person convicted of violating any provisions of this
section shall be guilty of a misdemeanor.
Added by Laws 1989, c. 326, § 5, emerg. eff. May 26, 1989.
§63-1-2216. Promulgation of rules by Attorney General — Advisory
capacity of State Council on Aging and Adult Protective Services.
A. The Attorney General shall promulgate rules regarding:
1. The powers and official duties of the State Long-Term Care
Ombudsman consistent with applicable federal law and rules or as
provided by the Long-Term Care Ombudsman Act;
2. Minimum qualifications for persons to serve as
representatives of the Office of the State Long-Term Care Ombudsman;
3. Initial and continuing training requirements for ombudsman
staff and volunteers which shall provide for a minimum of eighteen
(18) hours of continuing education relevant to the care of the aging
and disabled;
4. The minimum number of visits that must be made by an
ombudsman to the assigned facilities;
5. The proper documentation and reporting of visits made to
facilities by the ombudsman;
6. Procedures to ensure that officers, employees, or other
representatives of the Office are not subject to a conflict of
interest which would impair their ability to carry out their
official duties in an impartial manner; and
7. The disclosure by the State Long-Term Care Ombudsman or area
or local Ombudsman entities of files maintained by the State Long-
Term Care Ombudsman Program. Such rules shall:
a. provide that such files and records may be disclosed
only at the discretion of the State Long-Term Care
Ombudsman or the person designated by the State Long-
Term Care Ombudsman to disclose the files and records,
and
b. prohibit the disclosure of the identity of any
complainant or resident with respect to whom the
Office maintains such files or records unless:
(1) the complainant or resident, or the legal
representative of the complainant or resident,
consents to the disclosure and the consent is
given in writing,
(2) (a) the complainant or resident gives consent
orally, and
(b) the consent is documented contemporaneously
in a writing made by a State Long-Term Care
Ombudsman representative of the Office in
Oklahoma Statutes - Title 63. Public Health and Safety Page 813
accordance with such rules as the Attorney
General shall promulgate, or
(3) the disclosure is required by court order.
B. The Oklahoma State Council on Aging and Adult Protective
Services, established by the Department of Human Services to review,
monitor, and evaluate programs targeted to older persons, shall
serve in an advisory capacity to the State Long-Term Care Ombudsman
through establishment of a committee with equal provider and
consumer representation.
Added by Laws 1989, c. 326, § 6, emerg. eff. May 26, 1989. Amended
by Laws 1996, c. 336, § 12, emerg. eff. June 12, 1996; Laws 2005, c.
465, § 8, emerg. eff. June 9, 2005; Laws 2024, c. 339, § 17, eff.
Nov. 1, 2024; Laws 2025, c. 214, § 2, emerg. eff. May 13, 2025.
§63-1-2217. Oklahoma Long-term Care Services and Supports Advisory
Committee.
A. There is hereby created the Oklahoma Long-term Care Services
and Supports Advisory Committee. The purpose of the Committee shall
be to develop a long-range plan for long-term care service and
supports, the financial impact of these services, and stable,
sustainable funding to support projected growth of these services in
the state in the future. The Committee shall consist of the
following members:
1. Two members representing for-profit nursing homes, one
member to be appointed by the Speaker of the House of
Representatives and one member to be appointed by the President Pro
Tempore of the Senate;
2. Two members representing not-for-profit nursing homes, one
member to be appointed by the Speaker of the House of
Representatives and one member to be appointed by the President Pro
Tempore of the Senate;
3. Four members representing each sector of home- and
community-based services as follows:
a. the members representing The Program of All-Inclusive
Care for the Elderly (PACE) and home care to be
appointed by the Speaker of the House of
Representatives, and
b. the members representing ADvantage waiver and adult
day care to be appointed by the President Pro Tempore
of the Senate;
4. Two members representing the State Council on Aging, one
member to be appointed by the Speaker of the House of
Representatives and one member to be appointed by the President Pro
Tempore of the Senate;
5. One member representing a volunteer from the Office of the
State Ombudsman, to be appointed by the Governor; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 814
6. Two members representing the general public who shall have
no financial interest in long-term care nor any personal
relationship with any long-term care provider, to be appointed by
the Governor.
B. No state employee shall be eligible for membership on the
Committee.
C. Members of the Committee shall serve at the pleasure of the
appointing authority. Vacancies in a position shall be filled in
the same manner as the original appointment. The members of the
Committee shall elect a Chairperson at its initial meeting.
D. The Committee shall hold its first meeting no later than
November 1, 2018, shall meet monthly, and shall publish a report of
its final plan no later than November 1, 2019, the date on which
members' terms shall end.
E. The Committee may use the expertise and services of the
staff of the Oklahoma Health Care Authority.
F. Proceedings of all meetings of the Committee shall comply
with the provisions of the Oklahoma Open Meeting Act.
Added by Laws 2018, c. 154, § 1, eff. Nov. 1, 2018.
§63-1-2300. Renumbered as § 2-10-101 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2301. Renumbered as § 2-10-102 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2302. Renumbered as § 2-10-103 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2302.a. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-2303. Repealed by Laws 1993, c. 94, § 1, emerg. eff. April
18, 1993 and by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§63-1-2304. Renumbered as § 2-10-801 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2304.1. Repealed by Laws 1993, c. 145, § 362, eff. July 1,
1993.
§63-1-2304.2. Renumbered as § 2-10-404 of Title 27A by Laws 1993,
c. 145, § 359, eff. July 1, 1993.
§63-1-2305. Renumbered as § 2-10-802 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 815
§63-1-2306. Renumbered as § 2-10-302 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2307. Renumbered as § 2-10-803 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2308. Renumbered as § 2-10-403 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2309. Renumbered as § 2-10-405 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2324. Renumbered as § 2-10-602 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2325. Renumbered as § 2-10-601 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2401. Renumbered as § 2-10-1101 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2402. Renumbered as § 2-10-1102 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2403. Renumbered as § 2-10-1103 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2404. Renumbered as § 2-10-1104 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2405. Renumbered as § 2-10-1105 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2406. Renumbered as § 2-10-1106 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2407. Renumbered as § 2-10-1107 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2408. Renumbered as § 2-10-1108 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2409. Renumbered as § 2-10-1109 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2410. Renumbered as § 2-10-1110 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 816
§63-1-2411. Renumbered as § 2-10-1111 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2412. Renumbered as § 2-10-901 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2413. Renumbered as § 2-10-1001 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2414. Renumbered as § 2-10-301 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2414.1. Renumbered as § 2-10-305 of Title 27A by Laws 1993,
c. 145, § 359, eff. July 1, 1993.
§63-1-2414.2. Renumbered as § 2-10-306 of Title 27A by Laws 1993,
c. 145, § 359, eff. July 1, 1993.
§63-1-2415. Renumbered as § 2-10-303 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2416. Renumbered as § 2-10-701 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2416.1. Renumbered as § 2-10-501 of Title 27A by Laws 1993,
c. 145, § 359, eff. July 1, 1993.
§63-1-2417. Renumbered as § 2-10-201 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2418. Renumbered as § 2-10-202 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2419. Renumbered as § 2-10-203 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2420. Renumbered as § 2-10-204 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2421. Renumbered as § 2-10-304 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2440. Renumbered as § 2-11-101 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 817
§63-1-2441. Renumbered as § 2-11-102 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2443. Renumbered as § 2-11-103 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-2501. Short title.
Sections 1-2502 through 1-2521 of this title shall be known and
may be cited as the "Oklahoma Emergency Response Systems Development
Act".
Added by Laws 1990, c. 320, § 5, emerg. eff. May 30, 1990. Amended
by Laws 1999, c. 156, § 1, eff. Nov. 1, 1999.
NOTE: Editorially renumbered from § 1-2401 of this title to avoid a
duplication in numbering.
§63-1-2502. Legislative findings and declaration.
The Legislature hereby finds and declares that:
1. There is a critical shortage of providers of emergency care
for:
a. the delivery of fast, efficient emergency medical care
for the sick and injured at the scene of a medical
emergency and during transport to a health care
facility, and
b. the delivery of stabilizing and definitive care at a
health care facility; and
2. Improved emergency service is required to reduce the
mortality rate during the first critical minutes immediately
following the onset of a medical emergency.
Added by Laws 1990, c. 320, § 6, emerg. eff. May 30, 1990. Amended
by Laws 1999, c. 156, § 2, eff. Nov. 1, 1999.
NOTE: Editorially renumbered from § 1-2402 of this title to avoid a
duplication in numbering.
§63-1-2503. See the following versions:
OS 63-1-2503v1 (HB 2742, Laws 2016, c. 246, § 1).
OS 63-1-2503v2 (SB 1515, Laws 2022, c. 276, § 1).
§63-1-2503v1. Definitions.
As used in the Oklahoma Emergency Response Systems Development
Act:
1. "Ambulance" means any ground, air or water vehicle which is
or should be approved by the Commissioner of Health, designed and
equipped to transport a patient or patients and to provide
appropriate on-scene and en route patient stabilization and care as
required. Vehicles used as ambulances shall meet such standards as
may be required by the State Board of Health for approval, and shall
display evidence of such approval at all times;
Oklahoma Statutes - Title 63. Public Health and Safety Page 818
2. "Ambulance authority" means any public trust or nonprofit
corporation established by the state or any unit of local government
or combination of units of government for the express purpose of
providing, directly or by contract, emergency medical services in a
specified area of the state;
3. "Ambulance patient" or "patient" means any person who is or
will be transported in a reclining position to or from a health care
facility in an ambulance;
4. "Ambulance service" means any private firm or governmental
agency which is or should be licensed by the State Department of
Health to provide levels of medical care, including but not limited
to comprehensive integrated medical care in emergency and
nonemergency settings under the supervision of a physician, based on
certification standards promulgated by the Board;
5. "Ambulance service district" means any county, group of
counties or parts of counties formed together to provide, operate
and finance emergency medical services as provided by Section 9C of
Article X of the Oklahoma Constitution or Sections 1201 through 1221
of Title 19 of the Oklahoma Statutes;
6. "Board" means the State Board of Health;
7. "Certified emergency medical responder" means an individual
certified by the Department to perform emergency medical services in
accordance with the Oklahoma Emergency Response Systems Development
Act and in accordance with the rules and standards promulgated by
the Board;
8. "Certified emergency medical response agency" means an
organization of any type certified by the Department to provide
emergency medical care, but not transport. Certified emergency
medical response agencies may utilize certified emergency medical
responders or licensed emergency medical personnel; provided,
however, that all personnel so utilized shall function under the
direction of and consistent with guidelines for medical control;
9. "Classification" means an inclusive standardized
identification of stabilizing and definitive emergency services
provided by each hospital that treats emergency patients;
10. "CoAEMSP" means the Committee on Accreditation of
Educational Programs for the Emergency Medical Services Professions;
11. "Commissioner" means the State Commissioner of Health;
12. "Community paramedic" means a licensed paramedic who meets
the requirements of Section 1-2505 of this title;
13. "Community paramedic services" means services that include
interventions intended to prevent unnecessary ambulance
transportation or hospital emergency department use.
a. Community paramedic services must be part of a care
plan ordered by a primary health care provider or a
hospital provider in consultation with the medical
director of an ambulance service. Such care plan must
Oklahoma Statutes - Title 63. Public Health and Safety Page 819
ensure that the services provided by a community
paramedic do not duplicate services already provided
to the patient, including home health and waiver
services.
b. Community paramedic services shall include health
assessment, chronic disease monitoring and education,
medication compliance, immunizations and vaccinations,
laboratory specimen collection, hospital discharge
follow-up care and minor medical procedures compliant
with the community paramedic's scope of practice and
approved by the ambulance medical director;
14. "Council" means the Trauma and Emergency Response Advisory
Council created in Section 1-103a.1 of this title;
15. "Critical care paramedic" or "CCP" means a licensed
paramedic who has successfully completed critical care training and
testing requirements in accordance with the Oklahoma Emergency
Response Systems Development Act and in accordance with the rules
and standards promulgated by the Board;
16. "Department" means the State Department of Health;
17. "Emergency medical services system" means a system which
provides for the organization and appropriate designation of
personnel, facilities and equipment for the effective and
coordinated local, regional and statewide delivery of health care
services primarily under emergency conditions;
18. "Letter of review" means the official designation from
CoAEMSP to a paramedic program that is in the "becoming accredited"
process;
19. "Licensed emergency medical personnel" means an emergency
medical technician (EMT), an intermediate emergency medical
technician (IEMT), an advanced emergency medical technician (AEMT),
or a paramedic licensed by the Department to perform emergency
medical services in accordance with the Oklahoma Emergency Response
Systems Development Act and the rules and standards promulgated by
the Board;
20. "Licensure" means the licensing of emergency medical care
providers and ambulance services pursuant to rules and standards
promulgated by the Board at one or more of the following levels:
a. basic life support,
b. intermediate life support,
c. paramedic life support,
d. advanced life support,
e. stretcher aid van, and
f. specialty care, which shall be used solely for
interhospital transport of patients requiring
specialized en route medical monitoring and advanced
life support which exceed the capabilities of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 820
equipment and personnel provided by paramedic life
support.
Requirements for each level of care shall be established by the
Board. Licensure at any level of care includes a license to operate
at any lower level, with the exception of licensure for specialty
care; provided, however, that the highest level of care offered by
an ambulance service shall be available twenty-four (24) hours each
day, three hundred sixty-five (365) days per year.
Licensure shall be granted or renewed for such periods and under
such terms and conditions as may be promulgated by the Board;
21. "Medical control" means local, regional or statewide
medical direction and quality assurance of health care delivery in
an emergency medical service system. On-line medical control is the
medical direction given to licensed emergency medical personnel,
certified emergency medical responders and stretcher aid van
personnel by a physician via radio or telephone. Off-line medical
control is the establishment and monitoring of all medical
components of an emergency medical service system, which is to
include stretcher aid van service including, but not limited to,
protocols, standing orders, educational programs, and the quality
and delivery of on-line control;
22. "Medical director" means a physician, fully licensed
without restriction, who acts as a paid or volunteer medical advisor
to a licensed ambulance service and who monitors and directs the
care so provided. Such physicians shall meet such qualifications
and requirements as may be promulgated by the Board;
23. "Region" or "emergency medical service region" means two or
more municipalities, counties, ambulance districts or other
political subdivisions exercising joint control over one or more
providers of emergency medical services and stretcher aid van
service through common ordinances, authorities, boards or other
means;
24. "Regional emergency medical services system" means a
network of organizations, individuals, facilities and equipment
which serves a region, subject to a unified set of regional rules
and standards which may exceed, but may not be in contravention of,
those required by the state, which is under the medical direction of
a single regional medical director, and which participates directly
in the delivery of the following services:
a. medical call-taking and emergency medical services
dispatching, emergency and routine, including priority
dispatching of first response agencies, stretcher aid
van and ambulances,
b. emergency medical responder services provided by
emergency medical response agencies,
c. ambulance services, both emergency, routine and
stretcher aid van including, but not limited to, the
Oklahoma Statutes - Title 63. Public Health and Safety Page 821
transport of patients in accordance with transport
protocols approved by the regional medical director,
and
d. directions given by physicians directly via radio or
telephone, or by written protocol, to emergency
medical response agencies, stretcher aid van or
ambulance personnel at the scene of an emergency or
while en route to a hospital;
25. "Regional medical director" means a licensed physician, who
meets or exceeds the qualifications of a medical director as defined
by the Oklahoma Emergency Response Systems Development Act, chosen
by an emergency medical service region to provide external medical
oversight, quality control and related services to that region;
26. "Registration" means the listing of an ambulance service in
a registry maintained by the Department; provided, however,
registration shall not be deemed to be a license;
27. "Stretcher aid van" means any ground vehicle which is or
should be approved by the State Commissioner of Health, which is
designed and equipped to transport individuals on a stretcher or
gurney type apparatus. Vehicles used as stretcher aid vans shall
meet such standards as may be required by the State Board of Health
for approval and shall display evidence of such approval at all
times. Stretcher aid van services shall only be permitted and
approved by the Commissioner in emergency medical service regions,
ambulance service districts, or counties with populations in excess
of four hundred thousand (400,000) people. Notwithstanding the
provisions of this paragraph, stretcher aid van transports may be
made to and from any federal or state veterans facility;
28. "Stretcher aid van patient" means any person who is or will
be transported in a reclining position on a stretcher or gurney, who
is medically stable, nonemergent and does not require any medical
monitoring equipment or assistance during transport; and
29. "Transport protocol" means the written instructions
governing decision-making at the scene of a medical emergency by
ambulance personnel regarding the selection of the hospital to which
the patient shall be transported. Transport protocols shall be
developed by the regional medical director for a regional emergency
medical services system or by the Department if no regional
emergency medical services system has been established. Such
transport protocols shall adhere to, at a minimum, the following
guidelines:
a. nonemergency, routine transport shall be to the
facility of the patient's choice,
b. urgent or emergency transport not involving life-
threatening medical illness or injury shall be to the
nearest facility, or, subject to transport
Oklahoma Statutes - Title 63. Public Health and Safety Page 822
availability and system area coverage, to the facility
of the patient's choice, and
c. life-threatening medical illness or injury shall
require transport to the nearest health care facility
appropriate to the needs of the patient as established
by regional or state guidelines.
Added by Laws 1990, c. 320, § 7, emerg. eff. May 30, 1990. Amended
by Laws 1999, c. 156, § 3, eff. Nov. 1, 1999; Laws 2001, c. 411, §
5, eff. Nov. 1, 2001; Laws 2005, c. 433, § 1, eff. July 1, 2005;
Laws 2006, c. 171, § 1, emerg. eff. May 17, 2006; Laws 2007, c. 1, §
49, emerg. eff. Feb. 22, 2007; Laws 2013, c. 23, § 1, eff. Nov. 1,
2013; Laws 2013, c. 229, § 65, eff. Nov. 1, 2013; Laws 2016, c. 246,
§ 1, eff. Nov. 1, 2016.
NOTE: Editorially renumbered from § 1-2403 of this title to avoid
duplication in numbering.
NOTE: Laws 2006, c. 155, § 1 repealed by Laws 2007, c. 1, § 50,
emerg. eff. Feb. 22, 2007.
§63-1-2503v2. Definitions.
As used in the Oklahoma Emergency Response Systems Development
Act:
1. "Ambulance" means any ground, air or water vehicle which is
or should be approved by the State Commissioner of Health, designed
and equipped to transport a patient or patients and to provide
appropriate on-scene and en route patient stabilization and care as
required. Vehicles used as ambulances shall meet such standards as
may be required by the Commissioner for approval, and shall display
evidence of such approval at all times;
2. "Ambulance authority" means any public trust or nonprofit
corporation established by the state or any unit of local government
or combination of units of government for the express purpose of
providing, directly or by contract, emergency medical services in a
specified area of the state;
3. "Ambulance patient" or "patient" means any person who is or
will be transported in a reclining position to or from a health care
facility in an ambulance;
4. "Ambulance service" means any private firm or governmental
agency which is or should be licensed by the State Department of
Health to provide levels of medical care based on certification
standards promulgated by the Commissioner;
5. "Ambulance service district" means any county, group of
counties or parts of counties formed together to provide, operate
and finance emergency medical services as provided by Section 9C of
Article X of the Oklahoma Constitution or Sections 1201 through 1221
of Title 19 of the Oklahoma Statutes;
6. "Board" means the State Board of Health;
Oklahoma Statutes - Title 63. Public Health and Safety Page 823
7. "Certified emergency medical responder" means an individual
certified by the Department to perform emergency medical services in
accordance with the Oklahoma Emergency Response Systems Development
Act and in accordance with the rules and standards promulgated by
the Commissioner;
8. "Certified emergency medical response agency" means an
organization of any type certified by the Department to provide
emergency medical care and limited transport in an emergency vehicle
as defined in Section 1-103 of Title 47 of the Oklahoma Statutes. A
certified emergency medical response agency shall only provide
transport upon approval by the appropriate online medical control at
the time of transport. Certified emergency medical response
agencies may utilize certified emergency medical responders or
licensed emergency medical personnel; provided, however, that all
personnel so utilized shall function under the direction of and
consistent with guidelines for medical control;
9. "Classification" means an inclusive standardized
identification of stabilizing and definitive emergency services
provided by each hospital that treats emergency patients;
10. "CoAEMSP" means the Committee on Accreditation of
Educational Programs for the Emergency Medical Services Professions;
11. "Commissioner" means the State Commissioner of Health;
12. "Council" means the Trauma and Emergency Response Advisory
Council created in Section 1-103a.1 of this title;
13. "Critical care paramedic" or "CCP" means a licensed
paramedic who has successfully completed critical care training and
testing requirements in accordance with the Oklahoma Emergency
Response Systems Development Act and in accordance with the rules
and standards promulgated by the Commissioner;
14. "Department" means the State Department of Health;
15. "Emergency medical services system" means a system which
provides for the organization and appropriate designation of
personnel, facilities and equipment for the effective and
coordinated local, regional and statewide delivery of health care
services primarily under emergency conditions;
16. "Letter of review" means the official designation from
CoAEMSP to a paramedic program that is in the "becoming accredited"
process;
17. "Licensed emergency medical personnel" means an emergency
medical technician (EMT), an intermediate, an advanced emergency
medical technician (AEMT), or a paramedic licensed by the Department
to perform emergency medical services in accordance with the
Oklahoma Emergency Response Systems Development Act and the rules
and standards promulgated by the Commissioner;
18. "Licensure" means the licensing of emergency medical care
providers and ambulance services pursuant to rules and standards
Oklahoma Statutes - Title 63. Public Health and Safety Page 824
promulgated by the Commissioner at one or more of the following
levels:
a. basic life support,
b. intermediate life support,
c. paramedic life support,
d. advanced life support,
e. stretcher van, and
f. specialty care, which shall be used solely for
interhospital transport of patients requiring
specialized en route medical monitoring and advanced
life support which exceed the capabilities of the
equipment and personnel provided by paramedic life
support.
Requirements for each level of care shall be established by the
Commissioner. Licensure at any level of care includes a license to
operate at any lower level, with the exception of licensure for
specialty care; provided, however, that the highest level of care
offered by an ambulance service shall be available twenty-four (24)
hours each day, three hundred sixty-five (365) days per year.
Licensure shall be granted or renewed for such periods and under
such terms and conditions as may be promulgated by the Commissioner;
19. "Medical control" means local, regional or statewide
medical direction and quality assurance of health care delivery in
an emergency medical service system. Online medical control is the
medical direction given to licensed emergency medical personnel,
certified emergency medical responders and stretcher van personnel
by a physician via radio or telephone. Off-line medical control is
the establishment and monitoring of all medical components of an
emergency medical service system, which is to include stretcher van
service including, but not limited to, protocols, standing orders,
educational programs, and the quality and delivery of online
control;
20. "Medical director" means a physician, fully licensed
without restriction, who acts as a paid or volunteer medical advisor
to a licensed ambulance service and who monitors and directs the
care so provided. Such physicians shall meet such qualifications
and requirements as may be promulgated by the Commissioner;
21. "Region" or "emergency medical service region" means two or
more municipalities, counties, ambulance districts or other
political subdivisions exercising joint control over one or more
providers of emergency medical services and stretcher van service
through common ordinances, authorities, boards or other means;
22. "Regional emergency medical services system" means a
network of organizations, individuals, facilities and equipment
which serves a region, subject to a unified set of regional rules
and standards which may exceed, but may not be in contravention of,
those required by the state, which is under the medical direction of
Oklahoma Statutes - Title 63. Public Health and Safety Page 825
a single regional medical director, and which participates directly
in the delivery of the following services:
a. medical call-taking and emergency medical services
dispatching, emergency and routine including priority
dispatching of first response agencies, stretcher van
and ambulances,
b. emergency medical responder services provided by
emergency medical response agencies,
c. ambulance services, both emergency, routine and
stretcher van including, but not limited to, the
transport of patients in accordance with transport
protocols approved by the regional medical director,
and
d. directions given by physicians directly via radio or
telephone, or by written protocol, to emergency
medical response agencies, stretcher van or ambulance
personnel at the scene of an emergency or while en
route to a hospital;
23. "Regional medical director" means a licensed physician, who
meets or exceeds the qualifications of a medical director as defined
by the Oklahoma Emergency Response Systems Development Act, chosen
by an emergency medical service region to provide external medical
oversight, quality control and related services to that region;
24. "Registration" means the listing of an ambulance service in
a registry maintained by the Department; provided, however,
registration shall not be deemed to be a license;
25. "Stretcher van" means any ground vehicle which is or should
be approved by the State Commissioner of Health, which is designed
and equipped to transport individuals on a stretcher or gurney type
apparatus. Vehicles used as stretcher vans shall meet such
standards as may be required by the Commissioner for approval and
shall display evidence of licensure at all times. The Commissioner
shall not establish Federal Specification KKK-A-1822 ambulance
standards for stretcher vans; provided, a stretcher van shall meet
Ambulance Manufacturers Division (AMD) Standards 004, 012 and 013,
and shall pass corresponding safety tests. Stretcher van services
shall only be permitted and approved by the Commissioner in
emergency medical service regions, ambulance service districts, or
counties with populations in excess of five hundred thousand
(500,000) people. Notwithstanding the provisions of this paragraph,
stretcher van transports may be made to and from any federal or
state veterans facility. Stretcher vans may carry and provide
oxygen and may carry and utilize any equipment necessary for the
provision of oxygen;
26. "Stretcher van passenger" means any person who is or will
be transported in a reclining position on a stretcher or gurney, who
is medically stable, nonemergent and does not require any medical
Oklahoma Statutes - Title 63. Public Health and Safety Page 826
monitoring equipment or assistance during transport except oxygen.
Passengers must be authorized as qualified to be transported by
stretcher van. Passengers shall be authorized through screening
provided by a certified medical dispatching protocol approved by the
Department. All patients being transported to or from any medically
licensed facility shall be screened before transport. Any patient
transported without screening shall be a violation of Commissioner
rule by the transporting company and subject to administrative
procedures of the Department; and
27. "Transport protocol" means the written instructions
governing decision-making at the scene of a medical emergency by
ambulance personnel regarding the selection of the hospital to which
the patient shall be transported. Transport protocols shall be
developed by the regional medical director for a regional emergency
medical services system or by the Department if no regional
emergency medical services system has been established. Such
transport protocols shall adhere to, at a minimum, the following
guidelines:
a. nonemergency, routine transport shall be to the
facility of the patient's choice,
b. urgent or emergency transport not involving life-
threatening medical illness or injury shall be to the
nearest facility, or, subject to transport
availability and system area coverage, to the facility
of the patient's choice,
c. life-threatening medical illness or injury shall
require transport to the nearest health care facility
appropriate to the needs of the patient as established
by regional or state guidelines, and
d. emergency ambulance transportation is not required
when a patient's apparent clinical condition, as
defined by applicable medical treatment protocols,
does not warrant emergency ambulance transport, and
nontransport of patients is authorized pursuant to
applicable medical treatment protocols established by
the regional medical director.
Added by Laws 1990, c. 320, § 7, emerg. eff. May 30, 1990. Amended
by Laws 1999, c. 156, § 3, eff. Nov. 1, 1999; Laws 2001, c. 411, §
5, eff. Nov. 1, 2001; Laws 2005, c. 433, § 1, eff. July 1, 2005;
Laws 2006, c. 171, § 1, emerg. eff. May 17, 2006; Laws 2007, c. 1, §
49, emerg. eff. Feb. 22, 2007; Laws 2013, c. 23, § 1, eff. Nov. 1,
2013; Laws 2013, c. 229, § 65, eff. Nov. 1, 2013; Laws 2016, c. 236,
§ 1, eff. Nov. 1, 2016; Laws 2017, c. 30, § 1, eff. July 1, 2017;
Laws 2019, c. 93, § 1, emerg. eff. April 18, 2019; Laws 2022, c.
276, § 1, eff. Nov. 1, 2022.
NOTE: Editorially renumbered from § 1-2403 of this title to avoid
duplication in numbering.
Oklahoma Statutes - Title 63. Public Health and Safety Page 827
NOTE: Laws 2006, c. 155, § 1 repealed by Laws 2007, c. 1, § 50,
emerg. eff. Feb. 22, 2007.
§63-1-2504. Utilization of emergency medical personnel in hospital
or health care facilities - EMT students - Nurses.
A. Any hospital or health care facility operating within the
state may utilize emergency medical technician, intermediate
emergency medical technician, advanced emergency medical technician
or paramedic, community paramedic or critical care paramedic
personnel for the delivery of emergency medical patient care within
the hospital or health care facility. Except as authorized in
Section 2 of this act, all licensed ambulance services shall use
emergency medical technician, intermediate emergency medical
technician, advanced emergency medical technician or paramedic
personnel for on-scene patient care and stabilization and the
delivery of prehospital and en route emergency medical care.
B. Any hospital or health care facility operating within the
state may utilize community paramedic personnel for the delivery of
community paramedic services for patients who come to the hospital
or health care facility who reside in this state.
C. While participating in an emergency medical technician,
intermediate emergency medical technician, advanced emergency
medical technician, community paramedic or paramedic training course
approved by the State Department of Health, the student shall be
allowed to perform in the hospital, clinic or prehospital setting,
while under the direct supervision of a physician, registered nurse,
or licensed emergency medical personnel who are licensed at a level
equal to or above the level of training of the student, or other
allied health preceptor, any of the skills determined to be
appropriate for the training level of the student by the Department.
D. The student shall be allowed to perform any of the skills
determined to be appropriate by the Department for the training
level of the student while performing community paramedic services
under the direct supervision of a physician, registered nurse or
emergency medical personnel who are licensed at a level equal to or
above the level of training of the student, or other allied health
preceptor.
E. A registered nurse or licensed practical nurse may be used
in the back of an ambulance during an interhospital transfer to
supplement the skills of licensed emergency medical personnel. A
registered nurse or licensed practical nurse functioning in this
fashion must be following written orders of a physician or be in
direct radio or telephone contact with a physician.
Added by Laws 1990, c. 320, § 8, emerg. eff. May 30, 1990.
Amended by Laws 2013, c. 23, § 2, eff. Nov. 1, 2013; Laws 2016, c.
246, § 2, eff. Nov. 1, 2016; Laws 2022, c. 54, § 1, eff. Nov. 1,
2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 828
§63-1-2504.1. Duty to act - Mutual aid - Exemption.
A. There is a required duty to act within the licensed area
upon the acceptance of an ambulance service license. All licensed
ambulance services shall respond appropriately, consistent with the
level of licensure, when called for emergency service regardless of
the patient’s ability to pay.
B. If the ambulance service cannot physically respond within
the limits of the Ambulance Service Districts Act, then the
ambulance service called shall immediately call for mutual aid from
a neighboring licensed ambulance service. Nonemergency,
interfacility transfers are exempt from the requirements of this
subsection.
Added by Laws 2010, c. 295, § 21, emerg. eff. June 6, 2010.
§63-1-2504.2. Quality Assurance reviews.
A. Licensed Emergency Medical Services shall conduct Quality
Assurance reviews of operations and medical care provided. This
activity shall be in accordance with standards developed by
Emergency Medical Services Administration and Medical Control.
B. The proceedings and records of these Quality Assurance
reviews and continuous quality improvement activities conducted by
Emergency Medical Services shall be confidential and not subject to
disclosure by subpoena or otherwise.
C. Quality Assurance and Continuous Quality Improvement
activity, records and proceedings of any licensed Emergency Medical
Service shall be confidential and not subject to the Oklahoma Open
Meeting Act nor the Oklahoma Open Records Act.
Added by Laws 2016, c. 236, § 2, eff. Nov. 1, 2016.
§63-1-2505. Licensed personnel - Levels of care.
Personnel licensed in the following levels of care may perform
as designated under their classification:
1. "Emergency medical technician (EMT)" means an individual
licensed by the State Department of Health following completion of a
standard basic emergency medical technician training program
approved by the Department, who has met such other standards of
competence and character as may be required, and who has passed a
standard licensing examination of knowledge and skill, administered
by the Department or other entity designated by the Department. The
licensed emergency medical technician is allowed to perform such
skills as may be designated by the Department;
2. "Intermediate emergency medical technician (IEMT)" means an
individual licensed as an EMT, who has completed an intermediate
training program approved by the Department, who has met such other
standards of competence and character as may be required, and who
has passed a standard licensing examination of knowledge and skill
Oklahoma Statutes - Title 63. Public Health and Safety Page 829
administered by the Department or other entity designated by the
Department. The intermediate emergency medical technician is
allowed to perform such skills as may be designated by the
Department;
3. "Advanced emergency medical technician (AEMT)" means an
individual licensed as an emergency medical technician or
intermediate emergency medical technician who has completed an AEMT
training program approved by the Department, who has met such other
standards of competence and character as may be required, and who
has passed a standard licensing examination of knowledge and skills
administered by the Department or other entity designated by the
Department. The advanced emergency medical technician is allowed to
perform such skills as may be designated by the Department;
4. "Community paramedic" means an individual who meets the
provisions of paragraph 5 of this section and:
a. possesses two (2) years of full-time service as a
paramedic or its part-time equivalent, and
b. completes a training program from an entity approved
by the Department; and
5. "Paramedic", including community paramedic, means an
individual licensed as an EMT, IEMT or AEMT, who has completed a
standard paramedic training program, who has met such other
standards of competence and character as may be required, and who
has passed a standard licensing examination of knowledge and skill
administered by the Department or other entity designated by the
Department. The paramedic is allowed to perform such skills as may
be designated by the Department.
Added by Laws 1990, c. 320, § 9, emerg. eff. May 30, 1990. Amended
by Laws 2013, c. 23, § 3, eff. Nov. 1, 2013; Laws 2016, c. 246, § 3,
eff. Nov. 1, 2016.
§63-1-2505.1. Emergency medical technician and medical responder
death benefit.
A. In the event of the death of any licensed emergency medical
personnel or a certified emergency medical responder resulting from
the official duties of such licensed emergency medical personnel or
certified emergency medical responder performed while in the line of
duty, the State Department of Health shall pay the designated
beneficiary of the deceased the sum of Five Thousand Dollars
($5,000.00).
B. If the designated beneficiary predeceases the emergency
medical personnel or certified emergency medical responder and there
is not an alternate or contingent beneficiary, the death benefit
shall be payable to the personal representative of the decedent.
C. All payments made pursuant to the provisions of this section
shall be paid from the Emergency Medical Personnel Death Benefit
Revolving Fund created pursuant to Section 1-2505.2 of this title.
Oklahoma Statutes - Title 63. Public Health and Safety Page 830
Added by Laws 2008, c. 43, § 1, eff. July 1, 2008. Amended by Laws
2010, c. 94, § 1, eff. July 1, 2010; Laws 2013, c. 23, § 4, eff.
Nov. 1, 2013.
§63-1-2505.2. Emergency Medical Personnel Death Benefit Revolving
Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health to be designated the "Emergency
Medical Personnel Death Benefit Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the State Department of Health
from the fees imposed pursuant to Section 1-2505.3 of this title.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for the purpose of making death benefit
payments to the named beneficiary or personal representative of a
deceased licensed emergency medical personnel or certified emergency
medical responder pursuant to Section 1-2505.1 of this title.
Expenditures from said 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 2008, c. 43, § 2, eff. July 1, 2008. Amended by Laws
2010, c. 94, § 2, eff. July 1, 2010; Laws 2012, c. 304, § 489; Laws
2013, c. 23, § 5, eff. Nov. 1, 2013.
§63-1-2505.3. Application fee – Apportionment to revolving fund.
A. In addition to any other fee that may be authorized by law
or pursuant to administrative rule of the State Department of Health
effective July 1, 2010, there shall be imposed a fee of:
1. Ten Dollars ($10.00) for each original application for
licensed emergency medical personnel;
2. Two Dollars and fifty cents ($2.50) for each renewal
application for licensed emergency medical personnel;
3. Ten Dollars ($10.00) for each original application for a
certified emergency medical responder; and
4. Five Dollars ($5.00) for each renewal application for a
certified emergency medical responder.
B. The fees authorized by subsection A of this section shall be
apportioned to the Emergency Medical Personnel Death Benefit
Revolving Fund created pursuant to Section 1-2505.2 of this title.
Added by Laws 2008, c. 43, § 3, eff. July 1, 2008. Amended by Laws
2010, c. 94, § 3, eff. July 1, 2010; Laws 2013, c. 23, § 6, eff.
Nov. 1, 2013.
§63-1-2506. Performance of medical procedures.
Oklahoma Statutes - Title 63. Public Health and Safety Page 831
Licensed and certified emergency medical personnel, while a duty
to act is in effect, shall perform medical procedures to assist
patients to the best of their abilities under the direction of a
medical director or in accordance with written protocols, which may
include standing orders, authorized and developed by the medical
director and approved by the State Department of Health when not in
conflict with standards approved by the State Board of Health,
giving consideration to the recommendations of the Trauma and
Emergency Response Advisory Council created in Section 44 of this
act. Licensure, certification and authorization for emergency
medical personnel to perform medical procedures must be consistent
with provisions of this act, and rules adopted by the Board.
Medical control and medical directors shall meet such requirements
as prescribed through rules adopted by the Board.
Added by Laws 1990, c. 320, § 10, emerg. eff. May 30, 1990. Amended
by Laws 2005, c. 204, § 1, eff. July 1, 2005; Laws 2013, c. 229, §
66, eff. Nov. 1, 2013.
§63-1-2506.1. Administration of opiate antagonists by first
responders - Liability.
A. As used in this section:
1. “Certified alcohol and drug counselor” means any person who
is not exempt pursuant to the provisions of Section 1872 of Title 59
of the Oklahoma Statutes and is not licensed under the Licensed
Alcohol and Drug Counselors Act, but who provides alcohol and drug
counseling services within the scope of practice while employed by
an entity certified by the Department of Mental Health and Substance
Abuse Services, or who is exempt from such certification, or who is
under the supervision of a person recognized by the Oklahoma Board
of Licensed Alcohol and Drug Counselors as a supervisor. A
certified alcohol and drug counselor may provide counseling services
for co-occurring disorders if he or she has been certified by the
Board to provide counseling as provided in this section for co-
occurring disorders;
2. “Emergency opioid antagonist” means a drug including, but
not limited to, naloxone that blocks the effects of opioids and that
is approved by the United States Food and Drug Administration for
the treatment of an opioid overdose;
3. “Licensed alcohol and drug counselor” means any person who
provides alcohol and drug counseling services within the scope of
practice, including co-occurring disorders, for compensation to any
person and is licensed pursuant to the provisions of the Licensed
Alcohol and Drug Counselors Act. The term licensed alcohol and drug
counselor shall not include those professions exempted by Section
1872 of Title 59 of the Oklahoma Statutes; and
4. “Medical personnel at schools” means a certified school
nurse or any other nurse employed by or under contract with a
Oklahoma Statutes - Title 63. Public Health and Safety Page 832
school, any licensed practitioner of the healing arts, or any person
designated by the school administration to administer an emergency
opioid antagonist in the event of a suspected overdose pursuant to
Section 1210.242 of Title 70 of the Oklahoma Statutes.
B. First responders shall have the authority to administer,
without prescription, emergency opioid antagonists when encountering
an individual exhibiting signs of an opioid overdose.
C. First responders may provide, without prescription,
emergency opioid antagonists to individuals who have experienced or
witnessed an opioid overdose for use by those individuals at a later
date.
D. For the purposes of this section, a first responder shall
include:
1. Law enforcement officials;
2. Emergency medical technicians;
3. Firefighters;
4. Medical personnel at schools including any public or charter
schools, technology center schools and institutions of higher
education;
5. Forensic laboratory personnel of the Oklahoma State Bureau
of Investigation as designated by the Director;
6. Personnel of the Department of Corrections or of any entity
that contracts with the Department of Corrections to provide housing
or services for inmates of the Department of Corrections; and
7. Certified alcohol and drug counselors and licensed alcohol
and drug counselors.
E. Any first responder who administers or provides an emergency
opioid antagonist in good faith and in a manner consistent with
addressing opioid overdose shall not be liable for any civil damages
as a result of any acts or omissions by such first responder except
for committing gross negligence or willful wanton wrongs in
administering or providing such emergency opioid antagonist.
Added by Laws 2013, c. 322, § 1, eff. Nov. 1, 2013. Amended by Laws
2017, c. 36, § 1, eff. Nov. 1, 2017; Laws 2019, c. 157, § 1, eff.
Nov. 1, 2019; Laws 2019, c. 504, § 1, eff. July 1, 2019; Laws 2024,
c. 45, § 1, emerg. eff. April 19, 2024.
§63-1-2506.2. Prescription for opioid antagonists for family
members - Liability.
A. As used in this section, “emergency opioid antagonist” means
a drug including, but not limited to, naloxone that blocks the
effects of opioids and that is approved by the United States Food
and Drug Administration for the treatment of an opioid overdose.
B. Upon request, a provider may prescribe an emergency opioid
antagonist to an individual for use by that individual when
encountering a family member exhibiting signs of an opioid overdose.
Oklahoma Statutes - Title 63. Public Health and Safety Page 833
C. When an emergency opioid antagonist is prescribed in
accordance with subsection B of this section, the provider shall
provide:
1. Information on how to spot symptoms of an overdose;
2. Instruction in basic resuscitation techniques;
3. Instruction on proper emergency opioid antagonist
administration; and
4. The importance of calling 9-1-1 for help.
D. Any family member who administers an emergency opioid
antagonist in good faith and in a manner consistent with addressing
opioid overdose shall not be liable for any civil damages as a
result of any acts or omissions by such family member in
administering such emergency opioid antagonist.
E. Any provider who prescribes or administers an opioid
antagonist in good faith and in a manner consistent with addressing
opioid overdose shall not be liable for any civil damages as a
result of any acts or omissions by such provider except for
committing gross negligence or willful wanton wrongs in prescribing
or administering such emergency opioid antagonist.
Added by Laws 2013, c. 322, § 2, eff. Nov. 1, 2013. Amended by Laws
2018, c. 106, § 13, eff. Nov. 1, 2018; Laws 2023, c. 74, § 1, eff.
Nov. 1, 2023; Laws 2024, c. 45, § 2, emerg. eff. April 19, 2024.
§63-1-2507. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005.
§63-1-2508. Repealed by Laws 2013, c. 23, § 8, eff. Nov. 1, 2013.
§63-1-2509. Operation of ambulance service - Violation of act -
Penalties - Public nuisance - Injunctions.
A. 1. No person, company, governmental entity or trust
authority may operate an ambulance service within this state except
as provided in this section. The State Commissioner of Health, the
district attorney of the county wherein the ambulance service
operates or may be found, or the Attorney General of this state
shall have the authority to bring an action to enjoin the operation
of any ambulance service not in compliance with the provisions of
this act.
2. A ground ambulance service based outside of this state that
is licensed and in good standing in its home state may respond to an
emergency request for care and transport of a patient within this
state provided no local licensed ambulance service is readily
available, and may be exempt from the licensing requirements of this
state pursuant to rules promulgated by the State Board of Health.
3. Requests for service must be referred by an Oklahoma
emergency dispatch center. The Board may require such exempt
ambulance service to subsequently provide documentation of emergency
response activities performed within this state.
Oklahoma Statutes - Title 63. Public Health and Safety Page 834
4. The State Department of Health shall have the authority to
investigate any complaint associated with an emergency response by
an out-of-state ambulance service in the same manner as ambulance
services licensed by the Department within this state.
B. The Commissioner shall have the authority to revoke or
suspend any license, to issue probationary licenses, or to levy such
administrative fines and penalties as may be deemed necessary, for
violations of the provisions of this act, subject to the provisions
of the Administrative Procedures Act. The powers afforded the
Commissioner within the general enforcement provisions of the Public
Health Code are additionally incorporated herein.
C. In addition to any other penalties, any person, company,
governmental entity or trust authority who violates any of the
provisions of this act relating to compliance with the provisions of
this act or of standards, specifications, procedures and rules
adopted by the Board may be punished by the assessment of a civil
penalty of not more than One Hundred Dollars ($100.00) for each
violation. Each day a violation continues shall be considered a
separate offense.
D. The operation or maintenance of an ambulance service in
violation of this act, or the rules promulgated by the Board, is
declared a public nuisance inimical to the public welfare. The
Commissioner in the name of the people of the state, through the
Attorney General, or the district attorney of the county in which
the ambulance service is located, may, in addition to other remedies
herein provided, bring action for an injunction to restrain such
violation or to enjoin the future operation or maintenance of any
such ambulance service.
Added by Laws 1990, c. 320, § 13, emerg. eff. May 30, 1990. Amended
by Laws 2005, c. 191, § 1, eff. Nov. 1, 2005; Laws 2006, c. 16, §
46, emerg. eff. March 29, 2006.
NOTE: Editorially renumbered from § 1-2409 of this title to avoid
duplication in numbering.
NOTE: Laws 2005, c. 204, § 2 repealed by Laws 2006, c. 16, § 47,
emerg. eff. March 29, 2006.
§63-1-2509.1. Promulgation of rules for the Oklahoma Emergency
Response Systems Development Act.
The State Board of Health shall promulgate rules to implement
the provisions of the Oklahoma Emergency Response Systems
Development Act.
Added by Laws 2016, c. 246, § 4, eff. Nov. 1, 2016.
§63-1-2510. Division of Emergency Medical Services created.
There is hereby created within the State Department of Health
the Division of Emergency Medical Services, for the operation of an
Oklahoma Emergency Medical Services Program.
Oklahoma Statutes - Title 63. Public Health and Safety Page 835
Added by Laws 1990, c. 320, § 14, emerg. eff. May 30, 1990.
§63-1-2511. Commissioner - Powers and duties relating to Oklahoma
Emergency Medical Services Improvement Program.
The State Commissioner of Health shall have the following powers
and duties with regard to an Oklahoma Emergency Medical Services
Improvement Program:
1. Administer and coordinate all federal and state programs,
not specifically assigned by state law to other state agencies,
which include provisions of the Federal Emergency Medical Services
Systems Act and other federal laws and programs relating to the
development of emergency medical services in this state. The
administration and coordination of federal and state laws and
programs relating to the development, planning, prevention,
improvement and management of emergency medical services shall be
conducted by the Division of Emergency Medical Services, as
prescribed by Section 1-2510 of this title;
2. Assist private and public organizations, emergency medical
and health care providers, ambulance authorities, district boards
and other interested persons or groups in improving emergency
medical services at the local, municipal, district or state levels.
This assistance shall be through professional advice and technical
assistance;
3. Coordinate the efforts of local units of government to
establish service districts and set up boards of trustees or other
authorities to operate and finance emergency medical services in the
state as provided under Section 9C of Article X of the Oklahoma
Constitution or under Sections 1201 through 1221 of Title 19 of the
Oklahoma Statutes. The Commissioner shall evaluate all proposed
district areas and operational systems to determine the feasibility
of their economic and health services delivery;
4. Prepare, maintain and utilize a comprehensive plan and
program for emergency medical services development throughout the
state to be adopted by the State Board of Health, giving
consideration to the recommendations of the Trauma and Emergency
Response Advisory Council created in Section 44 of this act, and
incorporated within the State Health Plan. The plan shall establish
goals, objectives and standards for a statewide integrated system
and a timetable for accomplishing and implementing different
elements of the system. The plan shall also include, but not be
limited to, all components of an emergency medical services system;
regional and statewide planning; the establishment of standards and
the appropriate criteria for the designation of facilities; data
collection and quality assurance; and funding;
5. Maintain a comprehensive registry of all ambulance services
operating within the state, to be published annually and maintain a
registry of critical care paramedics. All ambulance service
Oklahoma Statutes - Title 63. Public Health and Safety Page 836
providers shall register annually with the Commissioner on forms
supplied by the State Department of Health, containing such requests
for information as may be deemed necessary by the Commissioner;
6. Develop a standard report form which may be used by local,
regional and statewide emergency medical services and emergency
medical services systems to facilitate the collection of data
related to the provision of emergency medical and trauma care. The
Commissioner shall also develop a standardized emergency medical
services data set and an electronic submission standard. Each
ambulance service shall submit the information required in this
section at such intervals as may be prescribed by rules promulgated
by the State Board of Health;
7. Evaluate and certify all emergency medical services training
programs and emergency medical technician training courses and
operational services in accordance with specifications and
procedures approved by the Board. Nonaccredited paramedic training
programs shall begin their final paramedic training class by
December 31, 2012. Only paramedic training programs accredited or
receiving a Letter of Review (LOR) by CoAEMSP may enroll new
paramedic students after January 1, 2013;
8. Provide an emergency medical personnel and ambulance service
licensure program to include a requirement that ambulance services
licensed as specialty care ambulance providers shall be used solely
for interhospital transport of patients requiring specialized en
route medical monitoring and advanced life support which exceeds the
capabilities of the equipment and personnel provided by paramedic
life support;
9. Employ and prescribe the duties of employees as may be
necessary to administer the provisions of the Oklahoma Emergency
Response Systems Development Act;
10. Apply for and accept public and private gifts, grants,
donations and other forms of financial assistance designed for the
support of emergency medical services;
11. Develop a classification system for all hospitals that
treat emergency patients. The classification system shall:
a. identify stabilizing and definitive emergency services
provided by each hospital, and
b. require each hospital to notify the regional emergency
medical services system control when treatment
services are at maximum capacity and that emergency
patients should be diverted to another hospital; and
12. Develop and monitor a statewide emergency medical services
and trauma analysis system designed to:
a. identify emergency patients and severely injured
trauma patients treated in Oklahoma,
Oklahoma Statutes - Title 63. Public Health and Safety Page 837
b. identify the total amount of uncompensated emergency
care provided each fiscal year by each hospital and
ambulance service in Oklahoma, and
c. monitor emergency patient care provided by emergency
medical service and hospitals.
Added by Laws 1990, c. 320, § 15, emerg. eff. May 30, 1990. Amended
by Laws 1994, c. 236, § 1, eff. Sept. 1, 1994; Laws 1999, c. 156, §
4, eff. Nov. 1, 1999; Laws 2001, c. 411, § 6, eff. Nov. 1, 2001;
Laws 2005, c. 204, § 3, eff. July 1, 2005; Laws 2013, c. 23, § 7,
eff. Nov. 1, 2013; Laws 2013, c. 229, § 67, eff. Nov. 1, 2013.
§63-1-2512. Rules.
A. The State Board of Health, giving consideration to the
recommendations of the Trauma and Emergency Response Advisory
Council as created in Section 44 of this act, shall promulgate rules
to enact the provisions of the Oklahoma Emergency Response Systems
Development Act.
B. Such rules shall specify which vehicles of licensed
ambulance service providers shall be considered authorized emergency
vehicles pursuant to the provisions of Section 1-103 of Title 47 of
the Oklahoma Statutes. The rules shall provide that vehicles
transporting licensed ambulance service personnel or life saving
equipment that meet all other specifications required by the Board
shall be considered authorized emergency vehicles.
Added by Laws 1990, c. 320, § 16, emerg. eff. May 30, 1990. Amended
by Laws 1991, c. 167, § 2, eff. July 1, 1991; Laws 2001, c. 411, §
7, eff. Nov. 1, 2001; Laws 2013, c. 229, § 68, eff. Nov. 1, 2013.
§63-1-2512.1. Oklahoma Emergency Response Systems Stabilization and
Improvement Revolving Fund - Rules.
A. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
"Oklahoma Emergency Response Systems Stabilization and Improvement
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of monies received by
the State Department of Health in accordance with state law. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Department for the purpose
of funding assessment activities, stabilization and/or
reorganization of at-risk emergency medical services, development of
regional emergency medical services, training for emergency medical
directors, access to training front line emergency medical services
personnel, capital and equipment needs. 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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 838
B. The State Board of Health shall promulgate rules
establishing a formula and procedure for the distribution of funds
from the Oklahoma Emergency Response Systems Stabilization and
Improvement Revolving Fund.
Added by Laws 2008, c. 393, § 8, eff. Nov. 1, 2008. Amended by Laws
2012, c. 304, § 490.
§63-1-2513. Operation of ambulance service - Application for
license – Air Ambulance providers.
A. All persons, companies, governmental entities or trust
authorities desiring to operate an ambulance service shall file with
the State Commissioner of Health an application for a license to
operate the service. The Commissioner shall, within two (2) months
of the date of the application, notify the applicant in writing of
the granting or rejection of the license and shall, in the event of
rejection, specify the reasons for the rejection.
B. The Commissioner may issue an Oklahoma Air Ambulance
Provider License to an Air Ambulance provider, duly licensed in good
standing and operating from bases in an adjoining state, that makes
application and provides documentation pursuant to rules promulgated
by the State Board of Health. Such ambulance provider staff shall
not be required to be licensed in this state but shall be required
to meet the licensure requirements in the state of origin.
Added by Laws 1990, c. 320, § 17, emerg. eff. May 30, 1990. Amended
by Laws 2005, c. 191, § 2, eff. Nov. 1, 2005.
NOTE: Editorially renumbered from § 1-2413 of this title to avoid
duplication in numbering.
§63-1-2514. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005.
§63-1-2515. EMS Regions, Ambulance Service districts or
municipalities - Regulation and control of Ambulance Service
transports - Exemptions.
A. Notwithstanding any other provision of this title, Emergency
Medical Services (EMS) Regions, Ambulance Service districts or
municipalities are hereby authorized to regulate and control,
pursuant to duly enacted ordinance or regulation, Ambulance Service
transports originating within the jurisdiction of such EMS Regions,
Ambulance Service districts or municipalities.
B. Any ordinance or regulation adopted pursuant to subsection A
of this section shall meet and may exceed, but shall not be in
contravention of, the standards promulgated by the State Board of
Health for Ambulance Service transports.
C. 1. Any ordinance or regulation adopted by an EMS Region,
Ambulance Service district or a municipality may establish a sole-
provider system for stretcher van and/or Ambulance Service
transports; provided, however, any such designated or contracted
Oklahoma Statutes - Title 63. Public Health and Safety Page 839
sole-provider which is not an EMS Region, Ambulance Service
district, municipality, or other public entity shall be selected by
competitive bidding.
2. A contract entered into pursuant to such bidding shall be
with the lowest and best bidder and may be for an initial term of
such duration as deemed operationally and fiscally prudent by the
contracting agency. The term of such sole-provider contract shall
be made public at the time bids are solicited, which solicitation
shall be not less than sixty (60) days prior to the contract start
date.
D. Any EMS Region, Ambulance Service district or municipality
may establish a sole-provider system for stretcher van and/or
Ambulance Service transports and may allow additional geographic or
political subdivisions to join such a system at any time. Whenever
such a geographic or political subdivision joins such a sole-
provider system, competitive bidding shall not be required and
provision for servicing the new jurisdiction may be accomplished by
amending the existing sole-provider contract. Furthermore, in the
event the expansion of the service area of the EMS Region, Ambulance
Service district or the municipality is substantial (in the sole
opinion of the governing body of the EMS Region, Ambulance Service
district or municipality), the existing sole-provider contract may
be extended for a period sufficient to allow reasonable opportunity
for recovery of capital costs of expansion, as determined by the
contracting agency.
E. The provisions of this section shall not be construed or
applied to limit the operation of any emergency medical service
district established and operating pursuant to Section 9C of Article
10 of the Oklahoma Constitution; provided, however, that, upon
invitation and approval of a majority of the voters of the district,
any such district is hereby authorized to join by appropriate
agreement any system established by an EMS Region, Ambulance Service
district or a municipality pursuant to the provisions of this
section.
F. The following types of patient transports shall be exempt
from regulation by EMS Regions, Ambulance Service districts or
municipalities:
1. Any ambulance owned or operated by, or under contract to
perform ambulance transport services for, the Federal or State
government, or any agency thereof;
2. Any ambulance owned and operated by a hospital and in use to
transport a patient of the owner-hospital, which patient has been
admitted to and not been discharged from the owner-hospital, to or
from another hospital or medical care facility at which the patient
receives a diagnostic or therapeutic procedure not available at the
owner-hospital;
Oklahoma Statutes - Title 63. Public Health and Safety Page 840
3. Any ambulance engaged in a routine transport call to
transport a patient from a hospital, nursing home, or dialysis
center located within an EMS Region, Ambulance Service district or
municipality to any location outside the EMS Region, Ambulance
Service district or municipality;
4. Any ambulance engaged in the transport of a patient from a
location outside an EMS Region, Ambulance Service district or
municipality to a location inside an EMS Region, Ambulance Service
district or municipality; or
5. Any ambulance engaged in the interstate transport of a
patient.
Added by Laws 1990, c. 320, § 18, emerg. eff. May 30, 1990. Amended
by Laws 1991, c. 167, § 3, eff. July 1, 1991; Laws 1995, c. 194, §
4, eff. Nov. 1, 1995; Laws 1997, c. 281, § 1, eff. July 1, 1997;
Laws 2001, c. 411, § 8, eff. Nov. 1, 2001; Laws 2016, c. 236, § 3,
eff. Nov. 1, 2016.
§63-1-2516. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013.
§63-1-2516.1. Agreements with local first responder agencies –
Assistance with emergency medical response.
A. The governing body of any municipality, public ambulance
service district organized pursuant to Sections 1201 through 1221 of
Title 19 of the Oklahoma Statutes, or emergency medical service
district organized pursuant to Section 9C of Article X of the
Oklahoma Constitution may elect to enter into agreements with local
first responder agencies, whether governmental or nonprofit, for the
purpose of acquiring assistance with emergency medical response.
B. All agreements entered into pursuant to subsection A of this
section shall, at a minimum:
1. Determine the required training necessary in order for first
responders to participate under the agreement;
2. Establish a system for identifying which first responders
are eligible to participate under the agreement;
3. Establish a process for verifying the training credentials
of participating first responders;
4. Establish the level of emergency medical care to be provided
by the participating first responders;
5. Determine which party to the agreement shall provide
compensation, if any, and insurance coverage for participating first
responders;
6. Establish a process for ensuring that participating first
responders are familiar and compliant with applicable operating
procedures and standards of care; and
7. Establish the procedures by which participating first
responders shall be notified that their assistance is required.
Added by Laws 2022, c. 54, § 2, eff. Nov. 1, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 841
§63-1-2517. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005.
§63-1-2518. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005.
§63-1-2519. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005.
§63-1-2520. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005.
§63-1-2521. Repealed by Laws 2005, c. 204, § 5, eff. July 1, 2005.
§63-1-2522. Renumbered as Title 63, § 1-2530.9 by Laws 2004, c.
459, § 11, emerg. eff. June 4, 2004.
§63-1-2523. Oklahoma Institute for Disaster and Emergency Medicine
Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health, to be designated the "Oklahoma
Institute for Disaster and Emergency Medicine Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the State
Department of Health from state appropriations for such fund. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the State Department of Health
as follows:
The State Department of Health is authorized to develop and
support the Oklahoma Institute for Disaster and Emergency Medicine
(the "Institute") at the OU College of Medicine in Tulsa. The
primary duties and responsibilities of the Institute shall include:
1. Creation and delivery of educational initiatives related to
trauma systems development and trauma systems coordination, in order
to strengthen the quality of trauma care services rendered
statewide;
2. Development and support of an emergency medical response
infrastructure to include statewide planning and training functions;
3. Establishment and support of an allopathic emergency
medicine residency program in Oklahoma; and
4. In partnership with the State Department of Health, to
further develop an injury prevention research program to identify
significant risks and design and implement effective interventions
to mitigate those risks.
Up to Five Hundred Thousand Dollars ($500,000.00) of this fund
may be used for delivery of urgent care in under-served areas.
Expenditures from said 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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 842
Added by Laws 2006, 2nd Ex. Sess., c. 59, § 13. Amended by Laws
2012, c. 304, § 491.
§63-1-2530. Short title.
This act shall be known and may be cited as the “Oklahoma Trauma
Systems Improvement and Development Act”.
Added by Laws 2004, c. 459, § 1, emerg. eff. June 4, 2004.
§63-1-2530.1. Legislative findings and intent.
A. The Legislature hereby finds and declares that:
1. Traumatic injury is the leading cause of death for persons
under forty (40) years of age, and the third leading cause of death
overall for persons of all ages. Traumatic injury is the leading
cause of lost years of potential life for Oklahomans sixty-five (65)
years of age and younger;
2. In addition to the physical and emotional losses that result
from traumatic injury, the economic costs of such injuries, which
include lost wages, medical expenses and indirect costs, far exceed
losses for other diseases such as cancer, heart disease, stroke and
diabetes;
3. Trauma systems dramatically reduce morbidity and mortality
from major injuries; and
4. Development and improvement of trauma systems is beneficial
to all citizens.
B. In order to improve the health and well-being of the people
of this state, it is necessary to improve and further develop trauma
systems by encouraging hospitals and emergency medical service
providers to provide an organized system of trauma care.
Added by Laws 2004, c. 459, § 2, emerg. eff. June 4, 2004.
§63-1-2530.2. Definitions.
As used in the Oklahoma Trauma Systems Improvement and
Development Act:
1. "Ambulance" means any ground, air or water vehicle operated
by an ambulance service licensed pursuant to the provisions of
Section 1-2513 of this title;
2. "Ambulance service" means any private firm or governmental
agency which is licensed by the State Department of Health to
provide levels of medical care based on certification standards
promulgated by the State Board of Health;
3. "Board" means the State Board of Health;
4. "Classification" means an inclusive standardized
identification of stabilizing and definitive emergency services
provided by each hospital that treats emergency patients;
5. "Commissioner" means the State Commissioner of Health;
6. "Council" means the Trauma and Emergency Response Advisory
Council created in Section 44 of this act;
Oklahoma Statutes - Title 63. Public Health and Safety Page 843
7. "Department" means the State Department of Health;
8. "Emergency medical care" means bona fide emergency services
provided after the sudden onset of a medical or traumatic condition
manifesting itself by acute symptoms of sufficient severity,
including severe pain, that the absence of immediate medical
attention could reasonably be expected to result in:
a. a patient's health being placed in serious jeopardy,
b. serious impairment to bodily functions, or
c. serious dysfunction of any bodily organ or part;
9. "Hospital" means a hospital licensed pursuant to the
provisions of Section 1-704 of this title;
10. "Regional trauma care system" means an arrangement of
available resources that are coordinated for the effective delivery
of emergency trauma services within a geographic region consistent
with an established plan;
11. "Trauma and emergency operative services facility" means a
hospital that is classified and recognized by the Department as
providing emergency trauma and operative surgical services on a
twenty-four-hour basis;
12. "Trauma patient" means a severely or seriously injured
person who has been:
a. evaluated by a physician, a registered nurse, or
emergency medical services personnel, and
b. found to require medical care in a hospital classified
as a trauma and emergency operative services facility;
and
13. "Trauma services" includes services provided to a severely
or seriously injured patient.
Added by Laws 2004, c. 459, § 3, emerg. eff. June 4, 2004.
Amended by Laws 2013, c. 229, § 69, eff. Nov. 1, 2013.
§63-1-2530.3. Rules - Classification of trauma and emergency care -
Requirements for distribution of trauma patients.
A. The State Board of Health, giving consideration to the
recommendations of the Trauma and Emergency Response Advisory
Council created in Section 1-103a.1 of this title, shall promulgate
rules establishing minimum standards and objectives to implement the
development, regulation and improvement of trauma systems on a
statewide basis. Rules shall provide for the classification of
trauma and emergency care provided by all hospitals based on the
level of service provided and for triage, transport and transfer
guidelines. The Board shall consider guidelines developed by the
American College of Surgeons in promulgating rules under this
section.
B. The rules shall provide specific requirements for the
distribution of trauma patients, ensure that trauma care is fully
coordinated with all hospitals and emergency medical services in a
Oklahoma Statutes - Title 63. Public Health and Safety Page 844
regional area, and reflect the geographic areas of the state,
considering time and distance.
C. The rules shall include:
1. Pre-hospital care management guidelines for triage and
transport of trauma patients;
2. Establishment of referral patterns of trauma patients and
geographic boundaries regarding trauma patients;
3. Requirements for licensed hospitals providing trauma and
emergency operative services to provide quality care to trauma
patients referred to these facilities;
4. Minimum requirements for resources and equipment needed by a
trauma and emergency operative services facility to treat trauma
patients;
5. Minimum standards for the availability and qualifications of
health care personnel, including physicians and surgeons, treating
trauma patients within a hospital;
6. Minimum requirements for data collection including, but not
limited to, trauma incidence reporting, system operation and patient
outcome, and continuous quality improvement activities;
7. Minimum requirements for periodic performance evaluation of
the system and its components through continuous quality improvement
activities;
8. Minimum requirements for reviews of trauma patient
transfers;
9. Requirements that hospitals with the capacity and capability
to provide care not refuse to accept the transfer of a trauma
patient from another facility solely because of the person's
inability to pay for services or because of the person's age, sex,
race, religion or national origin;
10. Requirements for transferring hospitals to enter into
reciprocal agreements with receiving hospitals that specify that the
transferring hospital will accept the return transfer of trauma
patients at such time as the hospital has the capability and
capacity to provide care; provided, however, such reciprocal
agreements shall not incorporate financial provisions for transfers;
and
11. Minimum requirements for data collection for responses to
time-sensitive medical conditions including but not limited to
stroke and ST-Elevated Myocardial Infarction (STEMI). The responses
to stroke and STEMI incidents shall be subject to review by the
regional trauma advisory boards created pursuant to Section 1-2530.5
of this title.
Added by Laws 2004, c. 459, § 4, emerg. eff. June 4, 2004. Amended
by Laws 2013, c. 229, § 70, eff. Nov. 1, 2013; Laws 2019, c. 393, §
1, eff. Nov. 1, 2019.
Oklahoma Statutes - Title 63. Public Health and Safety Page 845
§63-1-2530.4. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
2013.
§63-1-2530.5. Recognition of geographic regions with functioning
trauma system - Regional trauma advisory boards - Funding.
A. Each geographic region identified in the statewide trauma
systems plan that has a functioning trauma system shall be
recognized by the State Department of Health.
B. Licensed hospitals and ambulance service providers in these
regions shall establish a regional trauma advisory board to
represent the region and conduct continuous quality improvement
activities of the system for the region. Licensed hospitals and
ambulance service providers in the region shall designate regional
trauma advisory board members. Regional trauma advisory board
members shall consist of individuals who provide trauma services in
the regional system, or individuals employed by licensed hospitals
or ambulance service providers in the region. The maximum number of
board members for any region shall be twenty.
C. As funds are available, regional trauma advisory boards may
receive funding from the Department to support their administrative
and continuous quality improvement activities.
D. 1. Meetings of regional trauma advisory boards and their
subcommittees conducted to review patient-specific care for the
purpose of conducting continuous quality improvement activities of
the system for the region to include but not be limited to trauma,
stroke and ST-Elevated Myocardial Infarction (STEMI), shall not be
subject to the provisions of the Oklahoma Open Meeting Act.
2. The proceedings and records of the meetings referenced in
paragraph 1 of this subsection to include patient care records,
reports and other related materials generated for the purposes of
conducting continuous quality improvement activities of the system
for the region and to include but not be limited to trauma, stroke
and STEMI, shall be confidential and not subject to the Oklahoma
Open Records Act, or disclosure by subpoena or otherwise.
3. The proceedings and records of the meetings referenced in
paragraph 1 of this subsection may be used by the regional trauma
advisory boards and the State Commissioner of Health in the exercise
of proper quality review functions to improve trauma patient care.
Added by Laws 2004, c. 459, § 6, emerg. eff. June 4, 2004. Amended
by Laws 2013, c. 229, § 71, eff. Nov. 1, 2013; Laws 2019, c. 393, §
2, eff. Nov. 1, 2019.
§63-1-2530.6. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
2013.
§63-1-2530.7. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
2013.
Oklahoma Statutes - Title 63. Public Health and Safety Page 846
§63-1-2530.8. Recognition and certification of trauma transfer and
referral centers - Rules establishing minimum standards - Data -
Funding.
A. The State Department of Health shall recognize and certify a
trauma transfer and referral center in each county and contiguous
communities with populations in excess of three hundred thousand
(300,000) persons for the purpose of directing ambulance patients to
facilities with the clinical capacity and capability to
appropriately care for the emergent medical needs of a patient.
B. The State Board of Health, giving consideration to the
recommendations of the Trauma and Emergency Response Advisory
Council created in Section 44 of this act, shall promulgate rules
establishing minimum certification standards for such centers which
shall include, but not be limited to, staff certification, data
management and communications equipment, medical control and
oversight, record keeping, quality improvement activities, and such
other issues as the State Commissioner of Health deems appropriate.
C. Certified centers shall submit data as required by the
Department for the purpose of trauma system continuous quality
improvement activities. Such reports shall be confidential as
provided in Section 1-2530.7 of this title.
D. The Board, giving consideration to the recommendations of
the Trauma and Emergency Response Advisory Council created in
Section 44 of this act, shall promulgate rules requiring emergency
medical services providers to contact the appropriate regional
trauma transfer and referral center while transporting injured
patients into or within that region in order to ensure that patients
are directed to the appropriate hospital based on the regional plan
and the current capability and capacity of hospitals in the system.
E. As funding is available, the Department may reimburse
operators of certified trauma transfer and referral centers for the
operations of the centers on an annual basis.
Added by Laws 2004, c. 459, § 9, emerg. eff. June 4, 2004. Amended
by Laws 2013, c. 229, § 72, eff. Nov. 1, 2013.
§63-1-2530.9. Trauma Care Assistance Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the "Trauma
Care Assistance Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the State Department of Health from monies
apportioned thereto for purposes of this section. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Department as follows:
1. Ninety percent (90%) of such monies shall be used to
reimburse recognized trauma facilities, licensed ambulance service
Oklahoma Statutes - Title 63. Public Health and Safety Page 847
providers and physicians for uncompensated trauma care expenditures
as documented in the statewide emergency medical services and trauma
analysis system developed pursuant to the provisions of Section 1-
2511 of this title. In lieu of or in combination with reimbursement
for uncompensated care, monies from the fund may also be used to
support readiness costs incurred by recognized trauma facilities
associated with ensuring a stable trauma care system with
availability of twenty-four-hour physician services for the
provision of trauma care. Any monies used for the treatment of
Medicaid-eligible patients that are subsequently used to establish
federal matching fund requirements shall also be reimbursed to
eligible trauma facilities, licensed ambulance service providers and
physicians; and
2. Ten percent (10%) of such monies shall be used by the
Department in the furtherance of its powers and duties set forth in
the Oklahoma Emergency Response Systems Development Act.
B. 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.
C. The State Board of Health shall establish by rule a formula
and procedure for the distribution of funds for uncompensated trauma
care and/or readiness costs that shall provide for the allocation of
funds to hospitals, ambulance service providers and physicians.
D. Annually, monies accumulated in the fund may be transferred
to the Oklahoma Health Care Authority, by order of the State
Commissioner of Health, to maximize Medicaid reimbursement of trauma
care. The Oklahoma Health Care Authority shall use these funds with
federal matching funds to reimburse hospitals, ambulance service
providers and physicians for trauma care provided to severely
injured patients who are participants in Medicaid.
E. An annual report detailing the disbursements from the fund
shall be provided on January 1 of each year to the Speaker of the
House of Representatives, the President Pro Tempore of the Senate,
and the Chair of each health-related committee of both the House of
Representatives and the Senate.
Added by Laws 1999, c. 278, § 1, eff. July 1, 1999. Amended by Laws
2000, c. 223, § 1, eff. July 1, 2000. Renumbered from § 330.97 of
this title by Laws 2002, c. 374, § 11, eff. July 1, 2002. Amended
by Laws 2003, c. 367, § 1, emerg. eff. June 3, 2003; Laws 2004, c.
459, § 10, emerg. eff. June 4, 2004. Renumbered from § 1-2522 of
this title by Laws 2004, c. 459, § 11, emerg. eff. June 4, 2004.
Amended by Laws 2005, c. 1, § 94, emerg. eff. March 15, 2005; Laws
2005, c. 404, § 1, eff. Nov. 1, 2005; Laws 2012, c. 304, § 492.
NOTE: Laws 2004, c. 386, § 3 repealed by Laws 2005, c. 1, § 95,
emerg. eff. March 15, 2005. Laws 2004, c. 396, § 10 repealed by
Laws 2005, c. 1, § 96, emerg. eff. March 15, 2005.
Oklahoma Statutes - Title 63. Public Health and Safety Page 848
§63-1-2550. Article I — Purpose.
Recognition of EMS Personnel Licensure Interstate Compact
ARTICLE I
Purpose
To protect the public through verification of competency and
ensure accountability for patient care-related activities all state-
licensed emergency medical services (EMS) personnel, such as
emergency medical technicians (EMTs), advanced EMTs, and paramedics.
This Compact is intended to facilitate the day-to-day movement of
EMS personnel across state boundaries in the performance of their
EMS duties as assigned by an appropriate authority and authorize
state EMS offices to afford immediate legal recognition to EMS
personnel licensed in a member state. This Compact recognizes that
states have a vested interest in protecting the public's health and
safety through their licensing and regulation of EMS personnel and
that such state regulation shared among the member states will best
protect public health and safety. This Compact is designed to
achieve the following purposes and objectives:
1. Increase public access to EMS personnel;
2. Enhance the states' ability to protect the public's health
and safety, especially patient safety;
3. Encourage the cooperation of member states in the areas of
EMS personnel licensure and regulation;
4. Support licensing of military members who are separating
from an active duty tour and their spouses;
5. Facilitate the exchange of information between member states
regarding EMS personnel licensure, adverse action, and significant
investigatory information;
6. Promote compliance with the laws governing EMS personnel
practice in each member state; and
7. Invest all member states with the authority to hold EMS
personnel accountable through the mutual recognition of member state
licenses.
Added by Laws 2023, c. 269, § 1, eff. Nov. 1, 2023.
§63-1-2551. Article II — Definitions.
ARTICLE II
Definitions
As used in this Compact:
1. "Advanced emergency medical technician (AEMT)" means an
individual licensed with cognitive knowledge and a scope of practice
that corresponds to that level in the National EMS Education
Standards and National EMS Scope of Practice Model;
2. "Adverse action" means any administrative, civil, equitable,
or criminal action permitted by a state's laws which may be imposed
against licensed EMS personnel by a state EMS authority or state
Oklahoma Statutes - Title 63. Public Health and Safety Page 849
court, including, but not limited to, actions against an
individual's license such as revocation, suspension, probation,
consent agreement, monitoring, or other limitation or encumbrance on
the individual's practice, letters of reprimand or admonition,
fines, criminal convictions, and state court judgments enforcing
adverse actions by the state EMS authority;
3. "Alternative program" means a voluntary, nondisciplinary
substance abuse recovery program approved by a state EMS authority;
4. "Certification" means the successful verification of entry-
level cognitive and psychomotor competency using a reliable,
validated, and legally defensible examination;
5. "Commission" means the national administrative body of which
all states that have enacted the Compact are members;
6. "Emergency medical technician (EMT)" means an individual
licensed with cognitive knowledge and a scope of practice that
corresponds to that level in the National EMS Education Standards
and National EMS Scope of Practice Model;
7. "Home state" means a member state where an individual is
licensed to practice emergency medical services;
8. "License" means the authorization by a state for an
individual to practice as an EMT, AEMT, paramedic, or a level in
between EMT and paramedic;
9. "Medical director" means a physician licensed in a member
state who is accountable for the care delivered by EMS personnel;
10. "Member state" means a state that has enacted this Compact;
11. "Privilege to practice" means an individual's authority to
deliver emergency medical services in remote states as authorized
under this Compact;
12. "Paramedic" means an individual licensed with cognitive
knowledge and a scope of practice that corresponds to that level in
the National EMS Education Standards and National EMS Scope of
Practice Model;
13. "Remote state" means a member state in which an individual
is not licensed;
14. "Restricted" means the outcome of an adverse action that
limits a license or the privilege to practice;
15. "Rule" means a written statement by the Interstate
Commission promulgated pursuant to Section 12 of this Compact that
is of general applicability; implements, interprets, or prescribes a
policy or provision of the Compact; or is an organizational,
procedural, or practice requirement of the Commission and has the
force and effect of statutory law in a member state and includes the
amendment, repeal, or suspension of an existing rule;
16. "Scope of practice" means defined parameters of various
duties or services that may be provided by an individual with
specific credentials. Whether regulated by rule, statute, or court
Oklahoma Statutes - Title 63. Public Health and Safety Page 850
decision, it tends to represent the limits of services an individual
may perform;
17. "Significant investigatory information" means:
a. investigative information that a state EMS authority,
after a preliminary inquiry that includes notification
and an opportunity to respond if required by state
law, has reason to believe, if proved true, would
result in the imposition of an adverse action on a
license or privilege to practice, or
b. investigative information that indicates that the
individual represents an immediate threat to public
health and safety regardless of whether the individual
has been notified and had an opportunity to respond;
18. "State" means any state, commonwealth, district, or
territory of the United States; and
19. "State EMS authority" means the board, office, or other
agency with the legislative mandate to license EMS personnel.
Added by Laws 2023, c. 269, § 2, eff. Nov. 1, 2023.
§63-1-2552. Article III — Home state licensure.
ARTICLE III
Home State Licensure
A. Any member state in which an individual holds a current
license shall be deemed a home state for purposes of this Compact.
B. Any member state may require an individual to obtain and
retain a license to be authorized to practice in the member state
under circumstances not authorized by the privilege to practice
under the terms of this Compact.
C. A home state's license authorizes an individual to practice
in a remote state under the privilege to practice only if the home
state:
1. Currently requires the use of the National Registry of
Emergency Medical Technicians (NREMT) examination as a condition of
issuing initial licenses at the EMT and paramedic levels;
2. Has a mechanism in place for receiving and investigating
complaints about individuals;
3. Notifies the Commission, in compliance with the terms
herein, of any adverse action or significant investigatory
information regarding an individual;
4. No later than five (5) years after activation of the
Compact, requires a criminal background check of all applicants for
initial licensure, including the use of the results of fingerprint
or other biometric data checks compliant with the requirements of
the Federal Bureau of Investigation with the exception of federal
employees who have suitability determination in accordance with CFR
Section 731.202 and submit documentation of such as promulgated in
the rules of the Commission; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 851
5. Complies with the rules of the Commission.
Added by Laws 2023, c. 269, § 3, eff. Nov. 1, 2023.
§63-1-2553. Article IV — Compact privilege to practice.
ARTICLE IV
Compact Privilege to Practice
A. Member states shall recognize the privilege to practice of
an individual licensed in another member state that is in
conformance with Section 3 of this Compact.
B. To exercise the privilege to practice under the terms and
provisions of this Compact, an individual must:
1. Be at least eighteen (18) years of age;
2. Possess a current unrestricted license in a member state as
an EMT, AEMT, paramedic, or state-recognized and -licensed level
with a scope of practice and authority between EMT and paramedic;
and
3. Practice under the supervision of a medical director.
C. An individual providing patient care in a remote state under
the privilege to practice shall function within the scope of
practice authorized by the home state unless and until modified by
an appropriate authority in the remote state, as may be defined in
the rules of the Commission.
D. Except as provided in subsection C of Section 4 of this
Compact, an individual practicing in a remote state will be subject
to the remote state's authority and laws. A remote state may, in
accordance with due process and that state's laws, restrict,
suspend, or revoke an individual's privilege to practice in the
remote state and may take any other necessary actions to protect the
health and safety of its citizens. If a remote state takes action,
it shall promptly notify the home state and the Commission.
E. If an individual's license in any home state is restricted
or suspended, the individual shall not be eligible to practice in a
remote state under the privilege to practice until the individual's
home state license is restored.
F. If an individual's privilege to practice in any remote state
is restricted, suspended, or revoked, the individual shall not be
eligible to practice in any remote state until the individual's
privilege to practice is restored.
Added by Laws 2023, c. 269, § 4, eff. Nov. 1, 2023.
§63-1-2554. Article V — Conditions of practice in a remote state.
ARTICLE V
Conditions of Practice in a Remote State
An individual may practice in a remote state under a privilege
to practice only in the performance of the individual's EMS duties
as assigned by an appropriate authority, as defined in the rules of
the Commission, and under the following circumstances:
Oklahoma Statutes - Title 63. Public Health and Safety Page 852
1. The individual originates a patient transport in a home
state and transports the patient to a remote state;
2. The individual originates in the home state and enters a
remote state to pick up a patient and provide care and transport of
the patient to the home state;
3. The individual enters a remote state to provide patient care
and/or transport within that remote state;
4. The individual enters a remote state to pick up a patient
and provide care and transport to a third member state; or
5. Other conditions as determined by rules promulgated by the
Commission.
Added by Laws 2023, c. 269, § 5, eff. Nov. 1, 2023.
§63-1-2555. Article VI — Relationship to Emergency Management
Assistance Compact.
ARTICLE VI
Relationship to Emergency Management Assistance Compact
Upon a member state's governor's declaration of a state of
emergency or disaster that activates the Emergency Management
Assistance Compact (EMAC), all relevant terms and provisions of EMAC
shall apply, and to the extent any terms or provisions of this
Compact conflicts with EMAC, the terms of EMAC shall prevail with
respect to any individual practicing in the remote state in response
to such declaration.
Added by Laws 2023, c. 269, § 6, eff. Nov. 1, 2023.
§63-1-2556. Article VII — Veterans, service members separating from
active duty military, and their spouses.
ARTICLE VII
Veterans, Service Members Separating From Active Duty Military, and
Their Spouses
A. Member states shall consider a veteran, active military
service member, and member of the National Guard and Reserves
separating from an active duty tour, and a spouse thereof, who holds
a current valid and unrestricted NREMT certification at or above the
level of the state license being sought as satisfying the minimum
training and examination requirements for such licensure.
B. Member states shall expedite the processing of licensure
applications submitted by veterans, active military service members,
and members of the National Guard and Reserves separating from an
active duty tour, and their spouses.
C. All individuals functioning with a privilege to practice
under this section remain subject to the adverse actions provisions
of Article VIII of this Compact.
Added by Laws 2023, c. 269, § 7, eff. Nov. 1, 2023.
§63-1-2557. Article VIII — Adverse actions.
Oklahoma Statutes - Title 63. Public Health and Safety Page 853
ARTICLE VIII
Adverse Actions
A. A home state shall have exclusive power to impose adverse
action against an individual's license issued by the home state.
B. If an individual's license in any home state is restricted
or suspended, the individual shall not be eligible to practice in a
remote state under the privilege to practice until the individual's
home state license is restored.
1. All home state adverse action orders shall include a
statement that the individual's compact privileges are inactive.
The order may allow the individual to practice in remote states with
prior written authorization from both the home state and remote
state's EMS authority.
2. An individual currently subject to adverse action in the
home state shall not practice in any remote state without prior
written authorization from both the home state and remote state's
EMS authority.
C. A member state shall report adverse actions and any
occurrences that the individual's compact privileges are restricted,
suspended, or revoked to the Commission in accordance with the rules
of the Commission.
D. A remote state may take adverse action on an individual's
privilege to practice within that state.
E. Any member state may take adverse action against an
individual's privilege to practice in that state based on the
factual findings of another member state, so long as each state
follows its own procedures for imposing such adverse action.
F. A home state's EMS authority shall investigate and take
appropriate action with respect to reported conduct in a remote
state as it would if such conduct had occurred within the home
state. In such cases, the home state's law shall control in
determining the appropriate adverse action.
G. Nothing in this Compact shall override a member state's
decision that participation in an alternative program may be used in
lieu of adverse action and that such participation shall remain
nonpublic if required by the member state's laws. Member states
must require individuals who enter any alternative programs to agree
not to practice in any other member state during the term of the
alternative program without prior authorization from such other
member state.
Added by Laws 2023, c. 269, § 8, eff. Nov. 1, 2023.
§63-1-2558. Article IX — Additional powers invested in a member
state's EMS authority.
ARTICLE IX
Additional Powers Invested in a Member State's EMS Authority
Oklahoma Statutes - Title 63. Public Health and Safety Page 854
A member state's EMS authority, in addition to any other powers
granted under state law, is authorized under this Compact to:
1. Issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses and the production
of evidence. Subpoenas issued by a member state's EMS authority for
the attendance and testimony of witnesses, and/or the production of
evidence from another member state, shall be enforced in the remote
state by any court of competent jurisdiction, according to that
court's practice and procedure in considering subpoenas issued in
its own proceedings. The issuing state EMS authority shall pay any
witness fees, travel expenses, mileage, and other fees required by
the service statutes of the state where the witnesses and/or
evidence are located; and
2. Issue cease and desist orders to restrict, suspend, or
revoke an individual's privilege to practice in the state.
Added by Laws 2023, c. 269, § 9, eff. Nov. 1, 2023.
§63-1-2559. Article X — Establishment of the Interstate Commission
for EMS Personnel Practice.
ARTICLE X
Establishment of the Interstate Commission for EMS Personnel
Practice
A. The Compact states hereby create and establish a joint
public agency known as the Interstate Commission for EMS Personnel
Practice.
1. The Commission is a body politic and an instrumentality of
the Compact states.
2. Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the Commission
is located. The Commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of
sovereign immunity.
B. Membership, Voting, and Meetings
1. Each member state shall have and be limited to one
delegate. The responsible official of the state EMS authority or
his or her designee shall be the delegate to this Compact for each
member state. Any delegate may be removed or suspended from office
as provided by the law of the state from which the delegate is
appointed. Any vacancy occurring in the Commission shall be filled
in accordance with the laws of the member state in which the vacancy
exists. In the event that more than one board, office, or other
agency with the legislative mandate to license EMS personnel at and
above the level of EMT exists, the governor of the state will
Oklahoma Statutes - Title 63. Public Health and Safety Page 855
determine which entity will be responsible for assigning the
delegate.
2. Each delegate shall be entitled to one vote with regard to
the promulgation of rules and creation of bylaws and shall otherwise
have an opportunity to participate in the business and affairs of
the Commission. A delegate shall vote in person or by such other
means as provided in the bylaws. The bylaws may provide for
delegates' participation in meetings by telephone or other means of
communication.
3. The Commission shall meet at least once during each calendar
year. Additional meetings shall be held as set forth in the bylaws.
4. All meetings shall be open to the public, and public notice
of meetings shall be given in the same manner as required under the
rulemaking provisions in Article XII of this Compact.
5. The Commission may convene in a closed, nonpublic meeting if
the Commission must discuss:
a. noncompliance of a member state with its obligations
under the Compact,
b. the employment, compensation, discipline, or other
personnel matters, practices, or procedures related to
specific employees or other matters related to the
Commission's internal personnel practices and
procedures,
c. current, threatened, or reasonably anticipated
litigation,
d. negotiation of contracts for the purchase or sale of
goods, services, or real estate,
e. accusing any person of a crime or formally censuring
any person,
f. disclosure of trade secrets or commercial or financial
information that is privileged or confidential,
g. disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted
invasion of personal privacy,
h. disclosure of investigatory records compiled for law
enforcement purposes,
i. disclosure of information related to any investigatory
reports prepared by or on behalf of or for use of the
Commission or other committee charged with
responsibility of investigation or determination of
compliance issues pursuant to the Compact, or
j. matters specifically exempted from disclosure by
federal or member state statute.
6. If a meeting, or portion of a meeting, is closed pursuant to
paragraph 5 of this subsection, the Commission's legal counsel or
designee shall certify that the meeting may be closed and shall
reference each relevant exempting provision in paragraph 5 of this
Oklahoma Statutes - Title 63. Public Health and Safety Page 856
subsection. The Commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views expressed.
All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed
meeting shall remain under seal, subject to release by a majority
vote of the Commission or order of a court of competent
jurisdiction.
C. The Commission shall, by a majority vote of the delegates,
prescribe bylaws and/or rules to govern its conduct as may be
necessary or appropriate to carry out the purposes and exercise the
powers of the Compact, including, but not limited to:
1. Establishing the fiscal year of the Commission;
2. Providing reasonable standards and procedures:
a. for the establishment and meetings of other
committees, and
b. governing any general or specific delegation of any
authority or function of the Commission;
3. Providing reasonable procedures for calling and conducting
meetings of the Commission, ensuring reasonable advance notice of
all meetings, and providing an opportunity for attendance of such
meetings by interested parties, with enumerated exceptions designed
to protect the public's interest, the privacy of individuals, and
proprietary information, including trade secrets. The Commission
may meet in closed session only after a majority of the membership
votes to close a meeting in whole or in part. As soon as
practicable, the Commission must make public a copy of the vote to
close the meeting revealing the vote of each member with no proxy
votes allowed;
4. Establishing the titles, duties, and authority and
reasonable procedures for the election of the officers of the
Commission;
5. Providing reasonable standards and procedures for the
establishment of the personnel policies and programs of the
Commission. Notwithstanding any civil service or other similar laws
of any member state, the bylaws shall exclusively govern the
personnel policies and programs of the Commission;
6. Promulgating a code of ethics to address permissible and
prohibited activities of Commission members and employees;
7. Providing a mechanism for winding up the operations of the
Commission and the equitable disposition of any surplus funds that
may exist after the termination of the Compact after the payment
and/or reserving of all of its debts and obligations;
8. The Commission shall publish its bylaws and file a copy
thereof, and a copy of any amendment thereto, with the appropriate
agency or officer in each of the member states, if any;
Oklahoma Statutes - Title 63. Public Health and Safety Page 857
9. The Commission shall maintain its financial records in
accordance with the bylaws; and
10. The Commission shall meet and take such actions as are
consistent with the provisions of this Compact and the bylaws.
D. The Commission shall have the following powers:
1. The authority to promulgate uniform rules to facilitate and
coordinate implementation and administration of this Compact. The
rules shall have the force and effect of law and shall be binding in
all member states;
2. To bring and prosecute legal proceedings or actions in the
name of the Commission, provided that the standing of any state EMS
authority or other regulatory body responsible for EMS personnel
licensure to sue or be sued under applicable law shall not be
affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a member state;
5. To hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the Compact, and to establish
the Commission's personnel policies and programs relating to
conflicts of interest, qualifications of personnel, and other
related personnel matters;
6. To accept any and all appropriate donations and grants of
money, equipment, supplies, materials, and services, and to receive,
utilize, and dispose of the same; provided that at all times the
Commission shall strive to avoid any appearance of impropriety
and/or conflict of interest;
7. To lease, purchase, accept appropriate gifts or donations
of, or otherwise to own, hold, improve, or use, any property, real,
personal, or mixed; provided that at all times the Commission shall
strive to avoid any appearance of impropriety;
8. To sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property real, personal, or mixed;
9. To establish a budget and make expenditures;
10. To borrow money;
11. To appoint committees, including advisory committees,
comprised of members, state regulators, state legislators or their
representatives, and consumer representatives, and such other
interested persons as may be designated in this Compact and the
bylaws;
12. To provide and receive information from, and to cooperate
with, law enforcement agencies;
13. To adopt and use an official seal; and
14. To perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact consistent with
the state regulation of EMS personnel licensure and practice.
Oklahoma Statutes - Title 63. Public Health and Safety Page 858
E. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing
activities.
2. The Commission may accept any and all appropriate revenue
sources, donations, and grants of money, equipment, supplies,
materials, and services.
3. The Commission may levy on and collect an annual assessment
from each member state or impose fees on other parties to cover the
cost of the operations and activities of the Commission and its
staff, which must be in a total amount sufficient to cover its
annual budget as approved each year for which revenue is not
provided by other sources. The aggregate annual assessment amount
shall be allocated based upon a formula to be determined by the
Commission, which shall promulgate a rule binding upon all member
states.
4. The Commission shall not incur obligations of any kind prior
to securing the funds adequate to meet the same, nor shall the
Commission pledge the credit of any of the member states, except by
and with the authority of the member state.
5. The Commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Commission
shall be subject to the audit and accounting procedures established
under its bylaws. However, all receipts and disbursements of funds
handled by the Commission shall be audited yearly by a certified or
licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the Commission.
F. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees, and
representatives of the Commission shall be immune from suit and
liability, either personally or in their official capacity, for any
claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged
act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or
responsibilities; provided that nothing in this paragraph shall be
construed to protect any such person from suit and/or liability for
any damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer, executive
director, employee, or representative of the Commission in any civil
action seeking to impose liability arising out of any actual or
alleged act, error, or omission that occurred within the scope of
Commission employment, duties, or responsibilities, or that the
person against whom the claim is made had a reasonable basis for
believing occurred within the scope of Commission employment,
Oklahoma Statutes - Title 63. Public Health and Safety Page 859
duties, or responsibilities; provided that nothing in this paragraph
shall be construed to prohibit that person from retaining his or her
own counsel; and provided further, that the actual or alleged act,
error, or omission did not result from that person's intentional or
willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member,
officer, executive director, employee, or representative of the
Commission for the amount of any settlement or judgment obtained
against that person arising out of any actual or alleged act, error,
or omission that occurred within the scope of Commission employment,
duties, or responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of Commission
employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from the intentional
or willful or wanton misconduct of that person.
Added by Laws 2023, c. 269, § 10, eff. Nov. 1, 2023.
§63-1-2560. Article XI — Coordinated database.
ARTICLE XI
Coordinated Database
A. The Commission shall provide for the development and
maintenance of a coordinated database and reporting system
containing licensure, adverse action, and significant investigatory
information on all licensed individuals in member states.
B. Notwithstanding any other provision of state law to the
contrary, a member state shall submit a uniform data set to the
coordinated database on all individuals to whom this compact is
applicable as required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Significant investigatory information;
4. Adverse actions against an individual's license;
5. An indicator that an individual's privilege to practice is
restricted, suspended, or revoked;
6. Nonconfidential information related to alternative program
participation;
7. Any denial of application for licensure, and the reason(s)
for such denial; and
8. Other information that may facilitate the administration of
this Compact, as determined by the rules of the Commission.
C. The coordinated database administrator shall promptly notify
all member states of any adverse action taken against, or
significant investigative information on, any individual in a member
state.
D. Member states contributing information to the coordinated
database may designate information that may not be shared with the
public without the express permission of the contributing state.
Oklahoma Statutes - Title 63. Public Health and Safety Page 860
E. Any information submitted to the coordinated database that
is subsequently required to be expunged by the laws of the member
state contributing the information shall be removed from the
coordinated database.
Added by Laws 2023, c. 269, § 11, eff. Nov. 1, 2023.
§63-1-2561. Article XII — Rulemaking.
ARTICLE XII
Rulemaking
A. The Commission shall exercise its rulemaking powers pursuant
to the criteria set forth in this section and the rules adopted
thereunder. Rules and amendments shall become binding as of the
date specified in each rule or amendment.
B. If a majority of the legislatures of the member states
reject a rule, by enactment of a statute or resolution in the same
manner used to adopt the Compact, then such rule shall have no
further force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a
regular or special meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or rules
by the Commission, and at least sixty (60) days in advance of the
meeting at which the rule will be considered and voted upon, the
Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission; and
2. On the website of each member state's EMS authority or the
publication in which each state would otherwise publish proposed
rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in
which the rule or amendment will be considered and voted upon;
2. The text of the proposed rule or amendment and the reason
for the proposed rule or amendment;
3. A request for comments on the proposed rule or amendment
from any interested person; and
4. The manner in which interested persons may submit notice to
the Commission of their intention to attend the public hearing and
any written comments.
F. Prior to adoption of a proposed rule or amendment, the
Commission shall allow persons to submit written data, facts,
opinions, and arguments, which shall be made available to the
public.
G. The Commission shall grant an opportunity for a public
hearing before it adopts a rule or amendment if a hearing is
requested by:
1. At least twenty-five persons;
2. A governmental subdivision or agency; or
3. An association having at least twenty-five members.
Oklahoma Statutes - Title 63. Public Health and Safety Page 861
H. If a hearing is held on the proposed rule or amendment, the
Commission shall publish the place, time, and date of the scheduled
public hearing.
1. All persons wishing to be heard at the hearing shall notify
the executive director of the Commission or other designated member
in writing of their desire to appear and testify at the hearing not
less than five (5) business days before the scheduled date of the
hearing.
2. Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable opportunity to
comment orally or in writing.
3. No transcript of the hearing is required, unless a written
request for a transcript is made, in which case the person
requesting the transcript shall bear the cost of producing the
transcript. A recording may be made in lieu of a transcript under
the same terms and conditions as a transcript. This paragraph shall
not preclude the Commission from making a transcript or recording of
the hearing if it so chooses.
4. Nothing in this section shall be construed as requiring a
separate hearing on each rule or amendment. Rules or amendments may
be grouped for the convenience of the Commission at hearings
required by this section.
I. Following the scheduled hearing date, or by the close of
business on the scheduled hearing date if the hearing was not held,
the Commission shall consider all written and oral comments
received.
J. The Commission shall, by majority vote of all members, take
final action on the proposed rule or amendment and shall determine
the effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
K. If no written notice of intent to attend the public hearing
by interested parties is received, the Commission may proceed with
promulgation of the proposed rule or amendment without a public
hearing.
L. Upon determination that an emergency exists, the Commission
may consider and adopt an emergency rule without prior notice,
opportunity for comment, or hearing, provided that the usual
rulemaking procedures provided in the Compact and in this section
shall be retroactively applied to the rule as soon as reasonably
possible, in no event later than ninety (90) days after the
effective date of the rule. For the purposes of this subsection, an
emergency rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of an administrative
rule that is established by federal law or rule; or
Oklahoma Statutes - Title 63. Public Health and Safety Page 862
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission
may direct revisions to a previously adopted rule or amendment for
purposes of correcting typographical errors, errors in format,
errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the Commission. The
revision shall be subject to challenge by any person for a period of
thirty (30) days after posting. The revision may be challenged only
on grounds that the revision results in a material change to a rule
or amendment. A challenge shall be made in writing and delivered to
the chair of the Commission prior to the end of the notice period.
If no challenge is made, the revision will take effect without
further action. If the revision is challenged, the revision may not
take effect without the approval of the Commission.
Added by Laws 2023, c. 269, § 12, eff. Nov. 1, 2023.
§63-1-2562. Article XIII — Oversight, dispute resolutions, and
enforcement.
ARTICLE XIII
Oversight, Dispute Resolutions, and Enforcement
A. Oversight
1. The executive, legislative, and judicial branches of state
government in each member state shall enforce this Compact and take
all necessary and appropriate actions to effectuate the Compact's
purposes and intent. The provisions of this Compact and the rules
promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the
rules in any judicial or administrative proceeding in a member state
pertaining to the subject matter of this Compact which may affect
the powers, responsibilities, or actions of the Commission.
3. The Commission shall be entitled to receive service of
process in any such proceeding, and shall have standing to intervene
in such a proceeding for all purposes. Failure to provide service
of process to the Commission shall render a judgment or order void
as to the Commission, this Compact, or promulgated rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a member state has
defaulted in the performance of its obligations or responsibilities
under this Compact or the promulgated rules, the Commission shall:
a. provide written notice to the defaulting state and
other member states of the nature of the default, the
proposed means of curing the default, and/or any other
action to be taken by the Commission, and
b. provide remedial training and specific technical
assistance regarding the default.
2. If a state in default fails to cure the default, the
defaulting state may be terminated from the Compact upon an
Oklahoma Statutes - Title 63. Public Health and Safety Page 863
affirmative vote of a majority of the member states, and all rights,
privileges, and benefits conferred by this Compact may be terminated
on the effective date of termination. A cure of the default does
not relieve the offending state of obligations or liabilities
incurred during the period of default.
3. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given
by the Commission to the governor, the majority and minority leaders
of the defaulting state's legislature, and each of the member
states.
4. A state that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
5. The Commission shall not bear any costs related to a state
that is found to be in default or that has been terminated from the
Compact, unless agreed upon in writing between the Commission and
the defaulting state.
6. The defaulting state may appeal the action of the Commission
by petitioning the United States District Court for the District of
Columbia or the federal district where the Commission has its
principal offices. The prevailing member shall be awarded all costs
of such litigation, including reasonable attorney fees.
C. Dispute Resolution
1. Upon request by a member state, the Commission shall attempt
to resolve disputes related to the Compact that arise among member
states and between member and nonmember states.
2. The Commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action
in the United States District Court for the District of Columbia or
the federal district where the Commission has its principal offices
against a member state in default to enforce compliance with the
provisions of the Compact and its promulgated rules and bylaws. The
relief sought may include both injunctive relief and damages. In
the event judicial enforcement is necessary, the prevailing member
shall be awarded all costs of such litigation, including reasonable
attorney fees.
3. The remedies herein shall not be the exclusive remedies of
the Commission. The Commission may pursue any other remedies
available under federal or state law.
Added by Laws 2023, c. 269, § 13, eff. Nov. 1, 2023.
Oklahoma Statutes - Title 63. Public Health and Safety Page 864
§63-1-2563. Article XIV — Date of implementation of the Interstate
Commission for EMS Personnel Practice and associated rules,
withdrawal, and amendment.
ARTICLE XIV
Date of Implementation of the Interstate Commission for EMS
Personnel Practice and Associated Rules, Withdrawal, and Amendment
A. The Compact shall come into effect on the date on which the
compact statute is enacted into law in the tenth member state. The
provisions, which become effective at that time, shall be limited to
the powers granted to the Commission relating to assembly and the
promulgation of rules. Thereafter, the Commission shall meet and
exercise rulemaking powers necessary to the implementation and
administration of the Compact.
B. Any state that joins the Compact subsequent to the
Commission's initial adoption of the rules shall be subject to the
rules as they exist on the date on which the Compact becomes law in
that state. Any rule that has been previously adopted by the
Commission shall have the full force and effect of law on the day
the Compact becomes law in that state.
C. Any member state may withdraw from this Compact by enacting
a statute repealing the same.
1. A member state's withdrawal shall not take effect until six
(6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of
the withdrawing state's EMS authority to comply with the
investigative and adverse action reporting requirements of this
Compact prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any EMS personnel licensure agreement or other
cooperative arrangement between a member state and a nonmember state
that does not conflict with the provisions of this Compact.
E. This Compact may be amended by the member states. No
amendment to this Compact shall become effective and binding upon
any member state until it is enacted into the laws of all member
states.
Added by Laws 2023, c. 269, § 14, eff. Nov. 1, 2023.
§63-1-2564. Article XV — Construction and severability.
ARTICLE XV
Construction and Severability
This Compact shall be liberally construed so as to effectuate
the purposes thereof. If this Compact shall be held contrary to the
constitution of any state member thereto, the Compact shall remain
in full force and effect as to the remaining member states. Nothing
in this Compact supersedes state law or rules related to licensure
of EMS agencies.
Oklahoma Statutes - Title 63. Public Health and Safety Page 865
Added by Laws 2023, c. 269, § 15, eff. Nov. 1, 2023.
§63-1-2600. Short title.
This act shall be known and may be cited as the "Kidney Health
Planning Act of Oklahoma".
Added by Laws 1993, c. 250, § 1, eff. Sept. 1, 1993.
§63-1-2601. Purpose of act.
The purpose of the Kidney Health Planning Act of Oklahoma is to
provide financial assistance to persons who have permanent kidney
failure which requires either dialysis or transplantation.
Added by Laws 1993, c. 250, § 2, eff. Sept. 1, 1993.
§63-1-2602. Eligibility requirements - Areas of financial
assistance.
A. The State Department of Health shall establish eligibility
requirements for financial assistance from the Kidney Health
Revolving Fund. Financial assistance shall include, but shall not
be limited to, the following areas:
1. Payment for three (3) months of Hemodialysis treatments
prior to establishment of Medicare eligibility;
2. Payment for the Social Security deductible in situations
where the patient is unable to meet the deductible;
3. Monthly medications;
4. Transportation to and from dialysis;
5. Pretransplant and posttransplant costs including lab work,
tissue typing and the medication Cyclosporine;
6. Certain physician's fees; and
7. Such other financial assistance to indigent persons with
permanent kidney failure as the Department deems appropriate.
B. The State Department of Health shall promulgate rules for
the proper administration of the Kidney Health Revolving Fund in
accordance with the requirements of this section.
Added by Laws 1993, c. 250, § 3, eff. Sept. 1, 1993.
§63-1-2603. Kidney Health Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health, to be designated the "Kidney
Health Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received by the State Department of Health from state appropriations
for such fund. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the State
Department of Health for the purpose of implementing the provisions
of the Kidney Health Planning Act of Oklahoma. Expenditures from
said fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 866
Office of Management and Enterprise Services for approval and
payment.
Added by Laws 1993, c. 250, § 4, eff. Sept. 1, 1993. Amended by
Laws 2012, c. 304, § 493.
§63-1-2604. Individual policy coverage for prescription drugs for
cancer treatment or study of oncology - Exclusion prohibited.
No individual policy of accident and health insurance issued
which provides coverage for prescription drugs, nor any group
blanket policy of accident and health insurance issued which
provides coverage for prescription drugs shall exclude coverage of
prescription drugs for cancer treatment or the study of oncology
because the off-label use of such prescription drug has not been
approved by the Federal Food and Drug Administration for that
indication in one of the standard reference compendia, as defined in
paragraph (d) of Section 1-1401 of Title 63 of the Oklahoma
Statutes.
Any coverage of a prescription drug required by this section
shall also include provisions for coverage of medically necessary
services associated with the administration of the prescription
drug.
Nothing in this section shall be construed as altering existing
law with regard to provisions limiting the coverage of prescription
drugs that have not been approved by the Federal Food and Drug
Administration.
Added by Laws 1993, c. 250, § 5, eff. Sept. 1, 1993.
§63-1-2605. Off-label uses of prescription drugs for cancer
treatment - Coverage under health maintenance contracts.
Any group or non-group health maintenance contract which
provides coverage for prescription drugs shall also provide coverage
of off-label uses of prescription drugs used in the treatment of
cancer or the study of oncology.
Added by Laws 1993, c. 250, § 6, eff. Sept. 1, 1993.
§63-1-2701. Repealed by Laws 2004, c. 22, § 1 and by Laws 2004, c.
92, § 6, eff. July 1, 2004.
§63-1-2702. Agency responsible for telemedicine and Oklahoma
Telemedicine Network - Duties.
A. 1. With available state or federal funds, the State
Department of Health shall be the state entity responsible for
telemedicine and development of a statewide Oklahoma telemedicine
network. The Department shall also be responsible for the continued
development and implementation of a statewide system for the
delivery of medical and other health care services through a
telehealth system.
Oklahoma Statutes - Title 63. Public Health and Safety Page 867
2. In order to achieve these duties, the State Board of Health
shall establish a separate office within the State Department of
Health which shall be known as the Oklahoma Center for Telemedicine.
The State Commissioner of Health shall appoint or employ a director
of the office who shall report to the Commissioner and the Board.
The Commissioner shall also employ such other personnel as necessary
to carry out the duties of the Center. The director and other
Center personnel shall have no other duties within the Department
except those directly related to the duties and responsibilities of
the Center.
3. The Center shall have the power and duty to:
a. assess the current status and needs of the
telemedicine network and telehealth in the state,
b. utilize available state and federal funds to the
maximum extent possible,
c. for the purposes of the continued development of
telehealth services in the state, engage with any and
all parties to encourage and assist communications
between entities requiring telemedicine services and
entities offering or providing telemedicine services,
d. resolve problems and otherwise improve the delivery of
telemedicine services,
e. assist and facilitate the coordination efforts of
hospitals and other health care facilities and
providers in the development and delivery of
telemedicine services,
f. explore ways to provide reimbursement to providers for
telehealth services,
g. explore the feasibility of providing health education
services through a telehealth system,
h. study issues of compatibility of technology, and
i. establish and maintain a website and a clearinghouse
for grant information as provided by Section 1-2703 of
this title.
B. The Department shall enter into agreements with appropriate
entities to provide the Center with assistance in carrying out the
provisions of this section.
C. The director of the Center may form advisory groups as is
necessary to work with the Center on telehealth issues.
D. The State Board of Health shall promulgate rules for the
implementation of the teleradiology responsibilities outlined in
this section. The rules shall be based on the American College of
Radiology Standards for Teleradiology.
Added by Laws 1998, c. 389, § 2, eff. July 1, 1998. Amended by Laws
2000, c. 31, § 1, eff. Nov. 1, 2000; Laws 2001, c. 317, § 4, eff.
Nov. 1, 2001; Laws 2004, c. 92, § 7, eff. July 1, 2004.
Oklahoma Statutes - Title 63. Public Health and Safety Page 868
NOTE: Laws 2004, c. 22, § 2 repealed by Laws 2005, c. 1, § 97,
emerg. eff. March 15, 2005.
§63-1-2702.1. Telehealth website – Establishment - Purpose.
A. The Oklahoma Center for Telemedicine shall establish and
maintain a telehealth website for the State of Oklahoma. A direct
link to the telehealth website shall be maintained on the State of
Oklahoma government website page.
B. The purpose of the telehealth website shall be to promote
the utilization and expansion of telemedicine in this state by:
1. Facilitating the exchange of information between
telemedicine service providers and current or potential service
users within the state;
2. Providing links to additional telemedicine websites; and
3. Providing a current listing of public and private grants
available for:
a. the development of telehealth,
b. support or improvement of rural health facilities or
services, and
c. enhancing the delivery of health care services to
rural and underserved populations.
C. The Oklahoma Center for Telemedicine shall provide
information and assistance to hospitals and community health centers
seeking technical assistance for the development and submission of
grant applications and proposals.
Added by Laws 2001, c. 317, § 5, eff. Nov. 1, 2001.
§63-1-2703. Telemedicine grants – Rural assistance.
A. Contingent upon the provision of appropriated funds
designated for Telemedicine Services Programs, the State Department
of Health is authorized to award one or more competitive grants to
public hospitals or health care facilities for programs which
deliver medical and other health care services through a
telemedicine system. The goal of the grant program shall be to
assist in the development of telemedicine programs which in turn
have the effect of:
1. Empowering rural health facilities;
2. Expanding the range of services to rural areas;
3. Providing greater access to patients in rural areas;
4. Reducing the number of patient transfers to urban areas;
5. Enhancing rural economic development; and
6. Reducing the costs of medical care.
B. Funding may cover the cost of equipment, software, or the
connection costs of either upstream or downstream users.
C. All grants shall be matched with funds from the grant
recipient or in-kind contributions.
D. In order to be eligible for a grant, the program shall:
Oklahoma Statutes - Title 63. Public Health and Safety Page 869
1. State clear and measurable program goals and objectives;
2. Provide verifiable data on how the program is meeting its
stated goals and objectives; and
3. Include an evaluation component including an annual written
self-evaluation.
E. The State Board of Health shall promulgate rules as
necessary to administer the Telemedicine Service Program grants and
the process by which the grant funding shall be allocated.
Added by Laws 1999, c. 185, § 1, eff. July 1, 1999.
§63-1-2710. Short title.
This act shall be known and may be cited as the "Oklahoma Dental
Loan Repayment Act".
Added by Laws 2006, c. 237, § 1, eff. Nov. 1, 2006.
§63-1-2711. Legislative findings - Purpose.
A. The Legislature recognizes that there is a need to:
1. Upgrade the availability of quality dental care services for
the people of Oklahoma;
2. Improve the balance of dental manpower distribution in the
state by geographic location; and
3. Increase access to dental care to those who are dependent on
the state for necessary dental care.
B. The purpose of the Oklahoma Dental Loan Repayment Act shall
be to:
1. Increase the number of dentists serving and caring for those
dependent upon the state for dental care; and
2. Ensure that dental care and services are accessible
throughout the state, and specifically, that quality dental care and
services be accessible to underserved dental areas in rural and
metropolitan areas of the state, and to those dependent upon the
state for dental care.
Added by Laws 2006, c. 237, § 2, eff. Nov. 1, 2006.
§63-1-2712. Oklahoma Dental Loan Repayment Program - Administration
of program - Eligibility and obligations of dentists.
A. 1. The State Department of Health shall administer the
Oklahoma Dental Loan Repayment Program.
2. The Program, depending upon available funding, shall provide
educational loan repayment assistance for up to a total of twenty-
five full-time equivalent Oklahoma licensed dentists per year
including new and continuing contract renewable participants.
3. Each award shall be for a contracted period and shall be
distributed to the participant by drafts made payable to the
participant for deposit to an appropriate loan agency in equal
monthly disbursements, not to exceed Fifty Thousand Dollars
($50,000.00) per year for a maximum five-year period. Prior to any
Oklahoma Statutes - Title 63. Public Health and Safety Page 870
disbursement, the Department shall certify and properly review
monthly reports submitted by the participating dentist detailing
performance of activities in accordance with the Oklahoma Dental
Loan Repayment Act.
4. At the conclusion of the minimum service obligation, the
Department shall review the performance in the Program of the
participating dentist and determine whether an award may be granted
for an additional period not to exceed a total participation in the
Program of five (5) years pursuant to rules promulgated by the
Department.
B. Any dentist entering the Program each year as a nonfaculty
participant shall agree to provide dental care and services to
Medicaid recipients as authorized by the Oklahoma Health Care
Authority. The Department shall be responsible for ensuring that at
least thirty percent (30%) of the patients treated by the dentist
will be Medicaid recipients.
1. Any general practice dentist entering the Program each year
as a nonfaculty participant shall agree to provide dental care and
services in a designated Dental Health Professional Shortage Area
(DHPSA) of this state.
2. Any dentist licensed to practice as a Pediatric Dentistry
Specialist as defined by the State Dental Act or any dentist
practicing in a Federally Qualified Health Center (FQHC), FQHC look-
alike, county health department or city-county health department may
be exempt from the requirement to practice in a Dental Health
Professional Shortage Area (DHPSA).
C. A dentist entering the Program as a faculty participant
shall agree to teach at the University of Oklahoma College of
Dentistry. In the event there are no appropriate faculty
applicants, the Program may award additional nonfaculty dentists.
D. A dentist shall be eligible to participate in the Program if
the dentist:
1. Is a new dental school graduate. Preference will be given
to graduates of the University of Oklahoma College of Dentistry;
2. Is licensed to practice dentistry in Oklahoma; and
3. Has demonstrated financial need.
E. The dentist shall execute a contract with the Department to
provide dental services pursuant to the terms of the contract and in
accordance with rules promulgated by the Department.
F. If the dentist does not fulfill the service obligation, the
Department may collect from the participant the entire amount of
loan payments made under the Program plus interest.
G. The Department shall present a report on the operation of
the Program to the Governor, the Speaker of the House of
Representatives, and the President Pro Tempore of the Senate within
one (1) month of the beginning of each regular session of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 871
Legislature including but not limited to the progress made in
accomplishing the goal of the Program.
Added by Laws 2006, c. 237, § 3, eff. Nov. 1, 2006. Amended by Laws
2012, c. 182, § 1, eff. Nov. 1, 2012; Laws 2014, c. 165, § 1, eff.
Nov. 1, 2014; Laws 2021, c. 565, § 1, eff. Nov. 1, 2021.
§63-1-2713. Amount of award.
The amount of the award of educational loan repayment assistance
shall be established at the discretion of the Department and based
upon a determination of:
1. Actual funds available to the Oklahoma Dental Loan Repayment
Program for expenditure; and
2. The existing student loan indebtedness of the participating
dentist.
Added by Laws 2006, c. 237, § 4, eff. Nov. 1, 2006. Amended by Laws
2014, c. 165, § 2, eff. Nov. 1, 2014.
§63-1-2714. Dental Loan Repayment Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health to be designated the "Dental Loan
Repayment Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
deposited to the credit of the fund by law. All monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the State Department of Health for the purpose of
repaying dental student loans. Expenditures from said 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 2007, c. 122, § 2, eff. Nov. 1, 2007. Amended by Laws
2012, c. 304, § 494.
§63-1-2720. Oklahoma Medical Loan Repayment Program.
Sections 1 through 3 of this act shall be known and may be cited
as the “Oklahoma Medical Loan Repayment Program”.
Added by Laws 2010, c. 292, § 1, eff. Nov. 1, 2010.
§63-1-2721. Physician and physician assistant requirements.
A. 1. The Health Care Workforce Training Commission shall
administer the Oklahoma Medical Loan Repayment Program.
2. For the purposes of this section, "primary care physicians"
shall mean physicians practicing in family medicine, geriatrics,
general internal medicine, general pediatrics,
obstetrics/gynecology, emergency medicine, or general surgery.
3. For the purposes of this section, "health center" shall mean
a Federally Qualified Health Center as defined by 42 U.S.C., Section
1905(1)(2)(B).
Oklahoma Statutes - Title 63. Public Health and Safety Page 872
4. For the purposes of this section, "teaching health center"
shall mean a health center that supports the residencies of primary
care physicians within the operations of the health center.
5. The program, depending upon and limited to available
funding, shall provide educational loan repayment assistance to
Oklahoma-licensed primary care physicians, physician assistants, and
certified nurse practitioners who agree to establish a practice in a
community located in Oklahoma approved by the Commission.
6. Each award of educational loan repayment assistance shall be
for a contracted period and shall be distributed to the participant
by drafts made payable to the participant at the end of each
contract year with disbursements not to exceed an amount to be
established annually by the Commission. Prior to any disbursement,
the Commission shall certify and properly review reports submitted
by the participating physician, physician assistant, or certified
nurse practitioner detailing performance of activities in accordance
with the program.
7. The Commission shall review the performance in the program
of the participating physician, physician assistant, or certified
nurse practitioner and determine whether an award may be granted for
additional years pursuant to rules promulgated by the Commission.
B. The physicians, physician assistants, and certified nurse
practitioners entering the program each year shall agree to provide
medical care and services in areas designated by the Commission to
provide medical care and services to Medicaid recipients as
authorized by the Oklahoma Health Care Authority.
C. A physician, physician assistant, or certified nurse
practitioner shall be eligible to participate in the loan repayment
program if the individual:
1. Is a physician, physician assistant, or certified nurse
practitioner who holds a current Oklahoma medical license;
2. Is a new primary care graduate physician, physician
assistant, or certified nurse practitioner. Preference will be
given to graduates of the primary care residency programs affiliated
with the Oklahoma State University College of Osteopathic Medicine,
the University of Oklahoma College of Medicine, and the teaching
hospitals affiliated with both schools of medicine and teaching
health centers located in this state; or
3. Is a current practicing physician, physician assistant, or
certified nurse practitioner and has met criteria established by the
Commission.
D. The Commission may accept donations of public or private
funds to assist in funding the Oklahoma Medical Loan Repayment
Program. The Commission may, at its discretion, contract with other
public entities and nonprofit corporations for the endowment,
management and administration of such funds.
Oklahoma Statutes - Title 63. Public Health and Safety Page 873
E. The Commission shall present a report on the operation of
the program to the Governor, the Speaker of the Oklahoma House of
Representatives, and the President Pro Tempore of the Oklahoma State
Senate within one (1) month of the beginning of each regular session
of the Legislature, including but not limited to the progress made
in accomplishing the goal of the program.
Added by Laws 2010, c. 292, § 2, eff. Nov. 1, 2010. Amended by Laws
2011, c. 33, § 1, eff. Nov. 1, 2011; Laws 2016, c. 22, § 1, eff.
Nov. 1, 2016; Laws 2018, c. 286, § 1, eff. Nov. 1, 2018; Laws 2022,
c. 407, § 3; Laws 2024, c. 184, § 1, eff. Nov. 1, 2024.
NOTE: In accordance with Article VI, Section 11, of the Oklahoma
Constitution, House Bill 2776 became law without the Governor's
signature. It was filed with the Oklahoma Secretary of State on May
27, 2022.
§63-1-2722. Amount of educational loan repayment award.
The amount of the award of educational loan repayment assistance
shall not exceed any maximum or minimum amount as promulgated by
rules of the Health Care Workforce Training Commission pursuant to
the Oklahoma Medical Loan Repayment Program. The actual amount of
the award shall be based upon a determination of:
1. Actual funds available to the program for expenditure; and
2. The existing student loan indebtedness of the participating
physician, physician assistant, or certified nurse practitioner.
Added by Laws 2010, c. 292, § 3, eff. Nov. 1, 2010. Amended by Laws
2011, c. 33, § 2, eff. Nov. 1, 2011; Laws 2022, c. 407, § 4; Laws
2024, c. 184, § 2, eff. Nov. 1, 2024.
NOTE: In accordance with Article VI, Section 11, of the Oklahoma
Constitution, House Bill 2776 became law without the Governor's
signature. It was filed with the Oklahoma Secretary of State on May
27, 2022.
§63-1-2723. Health Care Workforce Training Commission - Program
funding.
A. The Health Care Workforce Training Commission shall have the
option of utilizing available funding in excess of the amount
necessary to fund the Oklahoma Medical Loan Repayment Program
described in Section 1-2721 of this title to fund new or expanded
primary care residency programs in rural and underserved areas of
the state. Such new or expanded primary care residency program
funding shall include but not be limited to:
1. Payments to hospitals or teaching health centers desiring to
establish new primary care residency programs. Such payments shall
be made to cover the costs of salaries, benefits and educational
costs of residents in training at the facility; or
2. Payments to hospitals or teaching health centers with
existing primary residency programs desiring to expand the number of
Oklahoma Statutes - Title 63. Public Health and Safety Page 874
residents participating in those programs. Such payments shall be
made to cover the costs of salaries, benefits and educational costs
of residents in training at the facility.
B. Provisions of this section shall be subject to the
promulgated rules of the Commission.
Added by Laws 2011, c. 33, § 3, eff. Nov. 1, 2011. Amended by Laws
2016, c. 22, § 2, eff. Nov. 1, 2016; Laws 2018, c. 286, § 2, eff.
Nov. 1, 2018; Laws 2022, c. 407, § 5.
NOTE: In accordance with Article VI, Section 11, of the Oklahoma
Constitution, House Bill 2776 became law without the Governor's
signature. It was filed with the Oklahoma Secretary of State on May
27, 2022.
§63-1-2730. Short title - Oklahoma Mental Health Loan Repayment
Act.
This act shall be known and may be cited as the "Oklahoma Mental
Health Loan Repayment Act".
Added by Laws 2019, c. 269, § 1, eff. Nov. 1, 2019.
§63-1-2731. Assistance for providers in Health Professional
Shortage Areas - Requirements.
A. 1. The Department of Mental Health and Substance Abuse
Services shall administer the Oklahoma Mental Health Loan Repayment
Program.
2. The Program, depending upon available funding, shall provide
educational loan repayment assistance for mental health or substance
abuse treatment providers who provide services in Health
Professional Shortage Areas (HPSAs) for mental health.
3. Each award shall be for a contracted period and shall be
distributed to the participant by drafts made payable to the
participant and the appropriate loan agency following a completed
year of service. Prior to any disbursement, the Department shall
certify and properly review reports submitted by the participating
provider detailing performance of activities in accordance with this
act.
4. At the conclusion of the minimum service obligation, the
Department shall review the performance in the Program of the
participating mental health or substance abuse provider and
determine whether an award may be granted for an additional period
not to exceed a total participation in the Program of five (5) years
pursuant to rules promulgated by the Board of Mental Health and
Substance Abuse Services.
B. Any participating mental health or substance abuse treatment
provider shall agree to provide mental health or substance abuse
treatment services to Medicaid recipients as authorized by the
Oklahoma Health Care Authority and individuals lacking health
insurance coverage. The Department of Mental Health and Substance
Oklahoma Statutes - Title 63. Public Health and Safety Page 875
Abuse Services shall be responsible for ensuring that at least
twenty-five percent (25%) of the patients treated by the provider
are Medicaid beneficiaries, uninsured, or a combination of Medicaid
and uninsured recipients.
C. The mental health or substance abuse treatment provider
shall execute a contract with the Department to provide mental
health or substance abuse treatment services pursuant to the terms
of the contract and in accordance with rules promulgated by the
Board.
D. The Department shall present a report on the operation of
the Program to the Governor, the President Pro Tempore of the Senate
and the Speaker of the House of Representatives within one (1) month
of the beginning of each regular session of the Legislature,
including but not limited to the progress made in accomplishing the
goal of the Program.
Added by Laws 2019, c. 269, § 2, eff. Nov. 1, 2019.
§63-1-2732. Factors to determine amount of award.
The amount of the award of educational loan repayment assistance
shall be established at the discretion of the Department of Mental
Health and Substance Abuse Services and based upon a determination
of:
1. Actual funds available to the Oklahoma Mental Health Loan
Repayment Program for expenditure; and
2. The existing student loan indebtedness of the participating
mental health or substance abuse treatment provider.
Added by Laws 2019, c. 269, § 3, eff. Nov. 1, 2019.
§63-1-2733. Behavioral Health Workforce Development Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Mental Health and Substance Abuse to be
designated the "Behavioral Health Workforce Development Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies deposited to the credit
of the fund by law. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
State Department of Mental Health and Substance Abuse Services for
the purpose of repaying mental health and substance treatment
provider student loans, increasing the number of psychiatric
residencies, expanding licensure cohorts to increase the number of
clinicians at master's level and above, and developing training,
recruitment and supervision capacity. 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.
B. The State Department of Mental Health and Substance Abuse
Services shall make every attempt to work with health care loan
Oklahoma Statutes - Title 63. Public Health and Safety Page 876
repayment programs operated by other states, tribal, and federal
agencies, including applying for matching federal grants, with the
goal of maximizing and coordinating resources to fill gaps in loan
repayment availability for critically-needed mental health
professions.
C. The Department of Mental Health and Substance Abuse Services
shall promulgate rules to effectuate the provisions of this section.
Added by Laws 2019, c. 269, § 4, eff. Nov. 1, 2019. Amended by Laws
2023, c. 142, § 1, eff. Nov. 1, 2023.
§63-2-101. Definitions.
As used in the Uniform Controlled Dangerous Substances Act:
1. “Acute pain” means pain, whether resulting from disease,
accidental trauma, intentional trauma, or other cause that the
practitioner reasonably expects to last only a short period of time.
Acute pain does not include chronic pain, pain being treated as part
of cancer care, hospice or other end-of-life care, or pain being
treated as part of palliative care;
2. “Administer” means the direct application of a controlled
dangerous substance, whether by injection, inhalation, ingestion or
any other means, to the body of a patient, animal or research
subject by:
a. a practitioner (or, in the presence of the
practitioner, by the authorized agent of the
practitioner), or
b. the patient or research subject at the direction and
in the presence of the practitioner;
3. “Agent” means a peace officer appointed by and who acts on
behalf of the Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control or an authorized person who acts on behalf
of or at the direction of a person who manufactures, distributes,
dispenses, prescribes, administers or uses for scientific purposes
controlled dangerous substances but does not include a common or
contract carrier, public warehouser or employee thereof, or a person
required to register under the Uniform Controlled Dangerous
Substances Act;
4. “Anhydrous ammonia” means any substance that exhibits
cryogenic evaporative behavior and tests positive for ammonia;
5. “Board” means the Advisory Board to the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
6. “Bureau” means the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control;
7. “Chronic pain” means pain that persists beyond the usual
course of an acute disease or healing of an injury. Chronic pain
may or may not be associated with an acute or chronic pathologic
process that causes continuous or intermittent pain over months or
years;
Oklahoma Statutes - Title 63. Public Health and Safety Page 877
8. “Coca leaves” includes cocaine and any compound,
manufacture, salt, derivative, mixture or preparation of coca
leaves, except derivatives of coca leaves which do not contain
cocaine or ecgonine;
9. “Commissioner” or “Director” means the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
10. “Control” means to add, remove or change the placement of a
drug, substance or immediate precursor under the Uniform Controlled
Dangerous Substances Act;
11. “Controlled dangerous substance” means a drug, substance or
immediate precursor in Schedules I through V of the Uniform
Controlled Dangerous Substances Act or any drug, substance or
immediate precursor listed either temporarily or permanently as a
federally controlled substance. Any conflict between state and
federal law with regard to the particular schedule in which a
substance is listed shall be resolved in favor of state law;
12. “Counterfeit substance” means a controlled substance which,
or the container or labeling of which without authorization, bears
the trademark, trade name or other identifying marks, imprint,
number or device or any likeness thereof of a manufacturer,
distributor or dispenser other than the person who in fact
manufactured, distributed or dispensed the substance;
13. “Deliver” or “delivery” means the actual, constructive or
attempted transfer from one person to another of a controlled
dangerous substance or drug paraphernalia, whether or not there is
an agency relationship;
14. “Dispense” means to deliver a controlled dangerous
substance to an ultimate user or human research subject by or
pursuant to the lawful order of a practitioner, including the
prescribing, administering, packaging, labeling or compounding
necessary to prepare the substance for such distribution.
“Dispenser” is a practitioner who delivers a controlled dangerous
substance to an ultimate user or human research subject;
15. “Distribute” means to deliver other than by administering
or dispensing a controlled dangerous substance;
16. “Distributor” means a commercial entity engaged in the
distribution or reverse distribution of narcotics and dangerous
drugs and who complies with all regulations promulgated by the
federal Drug Enforcement Administration and the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control;
17. “Drug” means articles:
a. recognized in the official United States Pharmacopeia,
official Homeopathic Pharmacopoeia of the United
States, or official National Formulary, or any
supplement to any of them,
Oklahoma Statutes - Title 63. Public Health and Safety Page 878
b. intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other
animals,
c. other than food, intended to affect the structure or
any function of the body of man or other animals, and
d. intended for use as a component of any article
specified in this paragraph;
provided, however, the term drug does not include devices or their
components, parts or accessories;
18. “Drug paraphernalia” means all equipment, products, and
materials of any kind which are used, intended for use, or fashioned
specifically for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body, a controlled dangerous
substance in violation of the Uniform Controlled Dangerous
Substances Act including, but not limited to:
a. kits used, intended for use, or fashioned specifically
for use in planting, propagating, cultivating,
growing, or harvesting of any species of plant which
is a controlled dangerous substance or from which a
controlled dangerous substance can be derived,
b. kits used, intended for use, or fashioned specifically
for use in manufacturing, compounding, converting,
producing, processing, or preparing controlled
dangerous substances,
c. isomerization devices used, intended for use, or
fashioned specifically for use in increasing the
potency of any species of plant which is a controlled
dangerous substance,
d. testing equipment used, intended for use, or fashioned
specifically for use in identifying or in analyzing
the strength, effectiveness, or purity of controlled
dangerous substances,
e. scales and balances used, intended for use, or
fashioned specifically for use in weighing or
measuring controlled dangerous substances,
f. diluents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose, and
lactose used, intended for use, or fashioned
specifically for use in cutting controlled dangerous
substances,
g. separation gins and sifters used, intended for use, or
fashioned specifically for use in removing twigs and
seeds from, or in otherwise cleaning or refining,
marijuana,
Oklahoma Statutes - Title 63. Public Health and Safety Page 879
h. blenders, bowls, containers, spoons, and mixing
devices used, intended for use, or fashioned
specifically for use in compounding controlled
dangerous substances,
i. capsules, balloons, envelopes, and other containers
used, intended for use, or fashioned specifically for
use in packaging small quantities of controlled
dangerous substances,
j. containers and other objects used, intended for use,
or fashioned specifically for use in parenterally
injecting controlled dangerous substances into the
human body,
k. hypodermic syringes, needles, and other objects used,
intended for use, or fashioned specifically for use in
parenterally injecting controlled dangerous substances
into the human body, except as authorized by Section
2-1101 of this title,
l. objects used, intended for use, or fashioned
specifically for use in ingesting, inhaling, or
otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, such as:
(1) metal, wooden, acrylic, glass, stone, plastic, or
ceramic pipes with or without screens, permanent
screens, hashish heads, or punctured metal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette, that has
become too small or too short to be held in the
hand,
(6) miniature cocaine spoons and cocaine vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
(11) chillums,
(12) bongs, or
(13) ice pipes or chillers,
m. all hidden or novelty pipes, and
n. any pipe that has a tobacco bowl or chamber of less
than one-half (1/2) inch in diameter in which there is
any detectable residue of any controlled dangerous
substance as defined in this section or any other
substances not legal for possession or use;
provided, however, the term drug paraphernalia shall not include
separation gins intended for use in preparing tea or spice, clamps
Oklahoma Statutes - Title 63. Public Health and Safety Page 880
used for constructing electrical equipment, water pipes designed for
ornamentation in which no detectable amount of an illegal substance
is found or pipes designed and used solely for smoking tobacco,
traditional pipes of an American Indian tribal religious ceremony,
antique pipes that are thirty (30) years of age or older, or drug
testing strips possessed by a person for purposes of determining the
presence of fentanyl or a fentanyl-related compound;
19. “Drug-dependent person” means a person who is using a
controlled dangerous substance and who is in a state of psychic or
physical dependence, or both, arising from administration of that
controlled dangerous substance on a continuous basis. Drug
dependence is characterized by behavioral and other responses which
include a strong compulsion to take the substance on a continuous
basis in order to experience its psychic effects, or to avoid the
discomfort of its absence;
20. “Harm-reduction services” means programs established to:
a. reduce the spread of infectious diseases related to
injection drug use,
b. reduce drug dependency, overdose deaths, and
associated complications, and
c. increase safe recovery and disposal of used syringes
and sharp waste;
21. “Hazardous materials” means materials, whether solid,
liquid, or gas, which are toxic to human, animal, aquatic, or plant
life, and the disposal of such materials is controlled by state or
federal guidelines;
22. “Home care agency” means any sole proprietorship,
partnership, association, corporation, or other organization which
administers, offers, or provides home care services, for a fee or
pursuant to a contract for such services, to clients in their place
of residence;
23. “Home care services” means skilled or personal care
services provided to clients in their place of residence for a fee;
24. “Hospice” means a centrally administered, nonprofit or for-
profit, medically directed, nurse-coordinated program which provides
a continuum of home and inpatient care for the terminally ill
patient and the patient’s family. Such term shall also include a
centrally administered, nonprofit or for-profit, medically directed,
nurse-coordinated program if such program is licensed pursuant to
the provisions of the Uniform Controlled Dangerous Substances Act.
A hospice program offers palliative and supportive care to meet the
special needs arising out of the physical, emotional and spiritual
stresses which are experienced during the final stages of illness
and during dying and bereavement. This care is available twenty-
four (24) hours a day, seven (7) days a week, and is provided on the
basis of need, regardless of ability to pay. “Class A” Hospice
Oklahoma Statutes - Title 63. Public Health and Safety Page 881
refers to Medicare-certified hospices. “Class B” refers to all
other providers of hospice services;
25. “Imitation controlled substance” means a substance that is
not a controlled dangerous substance, which by dosage unit
appearance, color, shape, size, markings or by representations made,
would lead a reasonable person to believe that the substance is a
controlled dangerous substance, or is a drug intended solely for
veterinary purposes that is not a controlled dangerous substance and
is being used outside of the scope of practice or normal course of
business, as defined by the State Board of Veterinary Medical
Examiners, or is a federal Food and Drug Administration-approved
drug that is not a controlled dangerous substance and is being used
outside the scope of approval for illicit purposes such as
adulterating or lacing other controlled dangerous substances. In
the event the appearance of the dosage unit or use is not reasonably
sufficient to establish that the substance is an imitation
controlled substance, the court or authority concerned should
consider, in addition to all other factors, the following factors:
a. statements made by an owner or by any other person in
control of the substance concerning the nature of the
substance, or its use or effect,
b. statements made to the recipient that the substance
may be resold for inordinate profit,
c. whether the substance is packaged in a manner normally
used for illicit controlled substances,
d. evasive tactics or actions utilized by the owner or
person in control of the substance to avoid detection
by law enforcement authorities,
e. prior convictions, if any, of an owner, or any other
person in control of the object, under state or
federal law related to controlled substances or fraud,
and
f. the proximity of the substances to controlled
dangerous substances;
26. “Immediate precursor” means a substance which the Director
has found to be and by regulation designates as being the principal
compound commonly used or produced primarily for use, and which is
an immediate chemical intermediary used, or likely to be used, in
the manufacture of a controlled dangerous substance, the control of
which is necessary to prevent, curtail or limit such manufacture;
27. “Initial prescription” means a prescription issued to a
patient who:
a. has never previously been issued a prescription for
the drug or its pharmaceutical equivalent in the past
year, or
b. requires a prescription for the drug or its
pharmaceutical equivalent due to a surgical procedure
Oklahoma Statutes - Title 63. Public Health and Safety Page 882
or new acute event and has previously had a
prescription for the drug or its pharmaceutical
equivalent within the past year.
When determining whether a patient was previously issued a
prescription for a drug or its pharmaceutical equivalent, the
practitioner shall consult with the patient and review the medical
record and prescription monitoring information of the patient;
28. “Isomer” means the optical isomer, except as used in
subsections C and F of Section 2-204 of this title and paragraph 4
of subsection A of Section 2-206 of this title. As used in
subsections C and F of Section 2-204 of this title, isomer means the
optical, positional, or geometric isomer. As used in paragraph 4 of
subsection A of Section 2-206 of this title, the term isomer means
the optical or geometric isomer;
29. “Laboratory” means a laboratory approved by the Director as
proper to be entrusted with the custody of controlled dangerous
substances and the use of controlled dangerous substances for
scientific and medical purposes and for purposes of instruction;
30. “Manufacture” means the production, preparation,
propagation, compounding or processing of a controlled dangerous
substance, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis or by a combination of extraction and chemical
synthesis. “Manufacturer” includes any person who packages,
repackages or labels any container of any controlled dangerous
substance, except practitioners who dispense or compound
prescription orders for delivery to the ultimate consumer;
31. “Marijuana” means all parts of the plant Cannabis sativa
L., whether growing or not; the seeds thereof; the resin extracted
from any part of such plant; and every compound, manufacture, salt,
derivative, mixture or preparation of such plant, its seeds or
resin, but shall not include:
a. the mature stalks of such plant or fiber produced from
such stalks,
b. oil or cake made from the seeds of such plant,
including cannabidiol derived from the seeds of the
marijuana plant,
c. any other compound, manufacture, salt, derivative,
mixture or preparation of such mature stalks (except
the resin extracted therefrom), including cannabidiol
derived from mature stalks, fiber, oil or cake,
d. the sterilized seed of such plant which is incapable
of germination,
e. for any person participating in a clinical trial to
administer cannabidiol for the treatment of severe
forms of epilepsy pursuant to Section 2-802 of this
title, a drug or substance approved by the federal
Oklahoma Statutes - Title 63. Public Health and Safety Page 883
Food and Drug Administration for use by those
participants,
f. for any person or the parents, legal guardians or
caretakers of the person who have received a written
certification from a physician licensed in this state
that the person has been diagnosed by a physician as
having Lennox-Gastaut syndrome, Dravet syndrome, also
known as severe myoclonic epilepsy of infancy, or any
other severe form of epilepsy that is not adequately
treated by traditional medical therapies, spasticity
due to multiple sclerosis or due to paraplegia,
intractable nausea and vomiting, appetite stimulation
with chronic wasting diseases, the substance
cannabidiol, a nonpsychoactive cannabinoid, found in
the plant Cannabis sativa L. or any other preparation
thereof, that has a tetrahydrocannabinol concentration
not more than three-tenths of one percent (0.3%) and
that is delivered to the patient in the form of a
liquid,
g. any federal Food and Drug Administration-approved drug
or substance, or
h. industrial hemp, from the plant Cannabis sativa L. and
any part of such plant, whether growing or not, with a
delta-9 tetrahydrocannabinol concentration not more
than three-tenths of one percent (0.3%) on a dry-
weight basis which shall only be grown pursuant to the
Oklahoma Industrial Hemp Program and may be shipped
intrastate and interstate;
32. “Medical purpose” means an intention to utilize a
controlled dangerous substance for physical or mental treatment, for
diagnosis, or for the prevention of a disease condition not in
violation of any state or federal law and not for the purpose of
satisfying physiological or psychological dependence or other abuse;
33. “Mid-level practitioner” means an Advanced Practice
Registered Nurse as defined and within parameters specified in
Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified
animal euthanasia technician as defined in Section 698.2 of Title 59
of the Oklahoma Statutes, or an animal control officer registered by
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
under subsection B of Section 2-301 of this title within the
parameters of such officer’s duties under Sections 501 through 508
of Title 4 of the Oklahoma Statutes;
34. “Narcotic drug” means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis:
a. opium, coca leaves and opiates,
Oklahoma Statutes - Title 63. Public Health and Safety Page 884
b. a compound, manufacture, salt, derivative or
preparation of opium, coca leaves or opiates,
c. cocaine, its salts, optical and geometric isomers, and
salts of isomers,
d. ecgonine, its derivatives, their salts, isomers and
salts of isomers, and
e. a substance, and any compound, manufacture, salt,
derivative or preparation thereof, which is chemically
identical with any of the substances referred to in
subparagraphs a through d of this paragraph, except
that the words narcotic drug as used in Section 2-101
et seq. of this title shall not include decocainized
coca leaves or extracts of coca leaves, which extracts
do not contain cocaine or ecgonine;
35. “Opiate” or “opioid” means any Schedule II, III, IV or V
substance having an addiction-forming or addiction-sustaining
liability similar to morphine or being capable of conversion into a
drug having such addiction-forming or addiction-sustaining
liability. The terms do not include, unless specifically designated
as controlled under the Uniform Controlled Dangerous Substances Act,
the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its
salts (dextromethorphan). The terms do include the racemic and
levorotatory forms;
36. “Opium poppy” means the plant of the species Papaver
somniferum L., except the seeds thereof;
37. “Palliative care” means a specialized medical service for
people of any age and at any stage of a serious illness or life-
altering medical event that focuses on navigating complex medical
decisions while providing patient autonomy and access to
information. Utilizing a holistic and interdisciplinary team
approach, palliative care addresses physical, intellectual,
emotional, social, and spiritual needs. Palliative care may be
provided in the inpatient, outpatient, or home care setting and
strives to improve quality of life for both the patient and the
family;
38. “Patient-provider agreement” means a written contract or
agreement that is executed between a practitioner and a patient
prior to the commencement of treatment for chronic pain using an
opioid drug as a means to:
a. explain the possible risk of development of physical
or psychological dependence in the patient and prevent
the possible development of addiction,
b. document the understanding of both the practitioner
and the patient regarding the patient-provider
agreement of the patient,
c. establish the rights of the patient in association
with treatment and the obligations of the patient in
Oklahoma Statutes - Title 63. Public Health and Safety Page 885
relation to the responsible use, discontinuation of
use, and storage of opioid drugs, including any
restrictions on the refill of prescriptions or the
acceptance of opioid prescriptions from practitioners,
d. identify the specific medications and other modes of
treatment, including physical therapy or exercise,
relaxation, or psychological counseling, that are
included as a part of the patient-provider agreement,
e. specify the measures the practitioner may employ to
monitor the compliance of the patient including, but
not limited to, random specimen screens and pill
counts, and
f. delineate the process for terminating the agreement,
including the consequences if the practitioner has
reason to believe that the patient is not complying
with the terms of the agreement. Compliance with the
consent items described in this paragraph shall
constitute a valid, informed consent for opioid
therapy. The practitioner shall be held harmless from
civil litigation for failure to treat pain if the
event occurs because of nonadherence by the patient
with any of the provisions of the patient-provider
agreement;
39. “Peace officer” means a police officer, sheriff, deputy
sheriff, district attorney’s investigator, investigator from the
Office of the Attorney General, or any other person elected or
appointed by law to enforce any of the criminal laws of this state
or of the United States;
40. “Person” means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity;
41. “Poppy straw” means all parts, except the seeds, of the
opium poppy, after mowing;
42. “Practitioner” means:
a. (1) a medical doctor or osteopathic physician,
(2) a dentist,
(3) a podiatrist,
(4) an optometrist,
(5) a veterinarian,
(6) an Advanced Practice Registered Nurse under the
supervision of a licensed medical doctor or
osteopathic physician, or a physician assistant,
(7) a scientific investigator, or
(8) any other person,
licensed, registered or otherwise permitted to
prescribe, distribute, dispense, conduct research with
respect to, use for scientific purposes or administer
Oklahoma Statutes - Title 63. Public Health and Safety Page 886
a controlled dangerous substance in the course of
professional practice or research in this state, or
b. a pharmacy, hospital, laboratory or other institution
licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect
to, use for scientific purposes or administer a
controlled dangerous substance in the course of
professional practice or research in this state;
43. “Production” includes the manufacture, planting,
cultivation, growing or harvesting of a controlled dangerous
substance;
44. “Serious illness” means a medical illness or physical
injury or condition that substantially affects quality of life for
more than a short period of time. Serious illness includes, but is
not limited to, Alzheimer’s disease or related dementias, lung
disease, cancer, heart failure, renal failure, liver failure, or
chronic, unremitting, or intractable pain such as neuropathic pain;
45. “State” means the State of Oklahoma or any other state of
the United States;
46. “Straw person” or “straw party”, also known as a “front”,
means a third party who:
a. is put up in name only to take part in a transaction
or otherwise is a nominal party to a transaction with
no actual control,
b. acts on behalf of another person to obtain title to
property and executes documents and instruments the
principal may direct respecting property, or
c. purchases property for another for the purpose of
concealing the identity of the real purchaser or to
accomplish some purpose otherwise in violation of the
Oklahoma Statutes;
47. “Surgical procedure” means a procedure that is performed
for the purpose of structurally altering the human body by incision
or destruction of tissues as part of the practice of medicine. This
term includes the diagnostic or therapeutic treatment of conditions
or disease processes by use of instruments such as lasers,
ultrasound, ionizing, radiation, scalpels, probes, or needles that
cause localized alteration or transportation of live human tissue by
cutting, burning, vaporizing, freezing, suturing, probing, or
manipulating by closed reduction for major dislocations or
fractures, or otherwise altering by any mechanical, thermal, light-
based, electromagnetic, or chemical means;
48. a. “Synthetic controlled substance” means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled
dangerous substance in Schedule I or II,
Oklahoma Statutes - Title 63. Public Health and Safety Page 887
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous
system that is substantially similar to or
greater than the stimulant, depressant, or
hallucinogenic effect on the central nervous
system of a controlled dangerous substance in
Schedule I or II, or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the
central nervous system that is substantially
similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the
central nervous system of a controlled dangerous
substance in Schedule I or II.
b. The designation of gamma-butyrolactone or any other
chemical as a precursor, pursuant to Section 2-322 of
this title, does not preclude a finding pursuant to
subparagraph a of this paragraph that the chemical is
a synthetic controlled substance.
c. Synthetic controlled substance does not include:
(1) a controlled dangerous substance,
(2) any substance for which there is an approved new
drug application,
(3) with respect to a particular person any
substance, if an exemption is in effect for
investigational use, for that person under the
provisions of Section 505 of the Federal Food,
Drug, and Cosmetic Act, 21 U.S.C., Section 355,
to the extent conduct with respect to such
substance is pursuant to such exemption, or
(4) any substance to the extent not intended for
human consumption before such an exemption takes
effect with respect to that substance.
d. Prima facie evidence that a substance containing
salvia divinorum has been enhanced, concentrated, or
chemically or physically altered shall give rise to a
rebuttable presumption that the substance is a
synthetic controlled substance;
49. “Tetrahydrocannabinols” means all substances that have been
chemically synthesized to emulate the tetrahydrocannabinols of
marijuana, specifically including any tetrahydrocannabinols derived
from industrial hemp; and
50. “Ultimate user” means a person who lawfully possesses a
controlled dangerous substance for the person’s own use or for the
use of a member of the person’s household or for administration to
Oklahoma Statutes - Title 63. Public Health and Safety Page 888
an animal owned by the person or by a member of the person’s
household.
Added by Laws 1971, c. 119, § 2-101, operative Sept. 1, 1971.
Amended by Laws 1975, c. 133, § 1, emerg. eff. May 15, 1975; Laws
1981, c. 62, § 1, emerg. eff. April 13, 1981; Laws 1982, c. 12, § 1,
operative Oct. 1, 1982; Laws 1985, c. 186, § 1, eff. July 1, 1985;
Laws 1987, c. 138, § 1, emerg. eff. June 19, 1987; Laws 1988, c. 43,
§ 1, operative June 1, 1988; Laws 1989, c. 237, § 1, eff. Nov. 1,
1989; Laws 1994, c. 52, § 4; Laws 1996, c. 306, § 1, emerg. eff.
June 10, 1996; Laws 1997, c. 2, § 14, emerg. eff. Feb. 26, 1997;
Laws 1997, c. 250, § 10, eff. Nov. 1, 1997; Laws 1998, c. 128, § 5,
eff. Nov. 1, 1998; Laws 2000, c. 199, § 6, eff. Nov. 1, 2000; Laws
2001, c. 373, § 1, eff. July 1, 2001; Laws 2003, c. 338, § 2, eff.
Nov. 1, 2003; Laws 2004, c. 301, § 1, eff. Nov. 1, 2004; Laws 2005,
c. 1, § 98, emerg. eff. March 15, 2005; Laws 2006, c. 251, § 1,
emerg. eff. June 7, 2006; Laws 2012, c. 80, § 1, eff. Nov. 1, 2012;
Laws 2014, c. 154, § 1, eff. Nov. 1, 2014; Laws 2015, c. 203, § 2,
emerg. eff. April 30, 2015; Laws 2016, c. 299, § 1, eff. Nov. 1,
2016; Laws 2017, c. 43, § 1, eff. Nov. 1, 2017; Laws 2018, c. 175, §
3, eff. Nov. 1, 2018; Laws 2019, c. 428, § 16, emerg. eff. May 21,
2019; Laws 2020, c. 101, § 1, eff. Nov. 1, 2020; Laws 2021, c. 222,
§ 1, eff. Nov. 1, 2021; Laws 2022, c. 265, § 4, emerg. eff. May 16,
2022; Laws 2023, c. 165, § 1, eff. Nov. 1, 2023; Laws 2023, c. 375,
§ 1, emerg. eff. June 9, 2023; Laws 2024, c. 308, § 1, emerg. eff.
May 15, 2024; Laws 2025, c. 343, § 8.
NOTE: Laws 1996, c. 186, § 9 repealed by Laws 1997, c. 2, § 26,
emerg. eff. Feb. 26, 1997. Laws 2004, c. 116, § 1 repealed by Laws
2005, c. 1, § 99, emerg. eff. March 15, 2005. Laws 2018, c. 64, § 11
repealed by Laws 2019, c. 25, § 35, emerg. eff. April 4, 2019.
§63-2-101.1. Drug paraphernalia - Factors used in determining.
In determining whether an object is “drug paraphernalia”, a
court or jury shall consider, in addition to all other logically
relevant factors, the following:
1. Statements by an owner or by anyone in control of the object
concerning its use;
2. The proximity of the object, in time and space, to a direct
violation of the Uniform Controlled Dangerous Substances Act;
3. The proximity of the object to controlled dangerous
substances;
4. The existence of any residue of controlled dangerous
substances on the object;
5. Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to any person
who intends to use the object to facilitate a violation of the
Uniform Controlled Dangerous Substances Act. The innocence of an
owner, or of anyone in control of the object, as to a direct
Oklahoma Statutes - Title 63. Public Health and Safety Page 889
violation of this act shall not prevent a finding that the object is
intended for use, or fashioned specifically for use, as drug
paraphernalia;
6. Instructions, oral or written, provided with the object
which either state directly or imply that the object is to be used
for the consumption of controlled dangerous substances;
7. Descriptive materials accompanying the object which explain
or depict its use as an object for the consumption of controlled
dangerous substances;
8. The manner in which the object is displayed for sale;
9. Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products;
10. Direct or circumstantial evidence of the ratio of sales of
the object or objects to the total sales of the business enterprise;
11. The existence and scope of legitimate uses for the object
in the community; and
12. Expert testimony concerning its use.
Provided, nothing in this section shall apply to objects in the
possession of harm-reduction services providers as authorized by
Section 3 of this act.
Added by Laws 1981, c. 62, § 2, emerg. eff. April 13, 1981. Amended
by Laws 1982, c. 12, § 2, operative Oct. 1, 1982; Laws 2004, c. 301,
§ 2, eff. Nov. 1, 2004; Laws 2021, c. 90, § 2, emerg. eff. April 20,
2021.
§63-2-101.2. Definitions.
A. As used in this section:
1. "Glass tube" means an object which meets all of the
following requirements:
a. a hollow glass cylinder, either open or closed at
either end,
b. not less than two (2) nor more than seven (7) inches
in length,
c. not less than one-eighth (1/8) inch nor more than
three-fourths (3/4) inch in diameter,
d. may be used to facilitate, or intended or designed to
facilitate, violations of the Uniform Controlled
Dangerous Substances Act including, but not limited
to, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, and
concealing controlled substances and injecting,
ingesting, inhaling, or otherwise introducing
controlled substances into the human body, and
e. sold individually, or in connection with another
object such as a novelty holder, flower vase, or pen.
Oklahoma Statutes - Title 63. Public Health and Safety Page 890
The foregoing descriptions are intended to be
illustrative and not exclusive;
2. “Patron” means a person who enters a business for the
purpose of purchasing or viewing as a shopper, merchandise offered
for sale at the business; and
3. "Retailer" means a person, corporation, or partnership
primarily engaged in the sale of consumable goods and services
including, but not limited to, food and gasoline, at retail to the
general public. A retailer shall not include any person,
corporation, or partnership that sells specialized laboratory
equipment for research or educational purposes.
B. It shall be unlawful for a retailer within the State of
Oklahoma to offer for retail sale to any patron a glass tube, as
defined in subsection A of this section.
C. A retailer, or an employee of the retailer, who willfully
and knowingly violates the provisions of subsection B of this
section shall, upon conviction, be guilty of a misdemeanor
punishable by incarceration in the county jail for not more than one
(1) year, or by a fine of not less than One Thousand Dollars
($1,000.00), or by both such fine and imprisonment.
D. The provisions of this section shall not be construed to
prohibit the sale of cigars packaged by the manufacturer in
containers or tubes made of glass to facilitate the sale of the item
and not for another purpose prohibited by law.
Added by Laws 2010, c. 323, § 1, eff. Nov. 1, 2010. Amended by Laws
2011, c. 20, § 1.
§63-2-102. Bureau of Narcotics and Dangerous Drugs Control.
There is hereby established the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control.
Added by Laws 1971, c. 119, § 2-102, emerg. eff. April 28, 1971.
Amended by Laws 1975, c. 133, § 2, emerg. eff. May 15, 1975.
§63-2-103. Director - Appointment and powers - Agents and reserve
agents - Custody of sidearms and badges upon death or retirement.
A. The Director shall be appointed by the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control Commission. The Director
of the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control on January 1, 1984, shall be initially appointed as
Director. The succeeding Director shall, at the time of the
appointment, have a Bachelor's Degree from an accredited college or
university and at least five (5) years of experience in drug law
enforcement. The Director may appoint necessary assistants, agents,
and other personnel to perform the work of the office and may
prescribe their titles and duties and fix their compensation
pursuant to Merit System rules. The Director may appoint employees
to the positions of Chief of Law Enforcement Information and
Oklahoma Statutes - Title 63. Public Health and Safety Page 891
Technology, Public Information/Education Officer, Training Officer,
Program Administrators, Grants Administrator, Criminal Analysts,
Legal Secretary, and Typist Clerk/Spanish Transcriptionists. The
positions shall be unclassified and exempt from the rules and
procedures of the Office of Management and Enterprise Services,
except leave regulations. The office of the Director shall be
located at a suitable place in Oklahoma City, Oklahoma.
B. 1. Agents appointed by the Director shall have the powers
of peace officers generally; provided, the Director may appoint
special agents and reserve special agents, who shall be unclassified
employees of the state, to meet specific investigatory needs.
Special agents and reserve special agents shall not be required to
meet the age and educational requirements as specified in this
section.
2. Agents appointed on and after November 1, 1998, shall be at
least twenty-one (21) years of age and shall have a Bachelor's
Degree from an accredited college or university.
3. Each entering agent, with the exception of special agents,
shall be required to serve one (1) year in a probationary status as
a prerequisite to being placed on permanent status.
C. Agents appointed pursuant to the provisions of this section
shall have the responsibility of investigating alleged violations
and shall have the authority to arrest those suspected of having
violated the provisions of the Uniform Controlled Dangerous
Substances Act, as well as the crimes of money laundering and human
trafficking, as otherwise set forth by laws of this state.
D. The Director may appoint reserve special agents who shall
not be considered employees of the state and shall serve at the will
of the Director. Reserve special agents shall complete a minimum of
two hundred forty (240) hours of training pursuant to Section 3311
of Title 70 of the Oklahoma Statutes and may not serve more than one
hundred forty (140) hours per calendar month. Upon completion of
training, reserve special agents appointed by the Director shall
have general peace officer powers and the authority to arrest those
suspected of having violated the provisions of the Uniform
Controlled Dangerous Substances Act. The agency may expend funds
related to training and special reserve agents may receive travel
expenses pursuant to the State Travel Reimbursement Act.
E. A commissioned employee of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control shall be entitled to receive,
upon retirement by reason of length of service, the continued
custody and possession of the sidearm and badge carried by such
employee immediately prior to retirement. In addition to the
sidearm carried by the commissioned employee immediately prior to
retirement, the commissioned employee may purchase the rifle or
shotgun, or both, issued to the commissioned employee immediately
prior to retirement upon approval from the Director. The cost to
Oklahoma Statutes - Title 63. Public Health and Safety Page 892
the commissioned employee of purchasing the firearm shall be the
state-approved firearms vendor trade-in value, and upon payment of
that price, the commissioned employee shall be entitled to ownership
of the firearm. Any records regarding the ownership of each firearm
transferred shall be modified to reflect the transfer to the
commissioned employee. Proceeds from the purchase of the firearm
shall be deposited in the Bureau of Narcotics Revolving Fund
established pursuant to Section 2-107 of this title.
F. A commissioned employee of the Bureau may be entitled to
receive, upon retirement by reason of disability, the continued
custody and possession of the sidearm and badge carried by such
employee immediately prior to retirement upon written approval of
the Director.
G. Custody and possession of the sidearm and badge of a
commissioned employee killed in the line of duty may be awarded by
the Director to the spouse or next of kin of the deceased employee.
H. Custody and possession of the sidearm and badge of a
commissioned employee who dies while employed at the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control may be awarded by
the Director to the spouse or next of kin of the deceased employee.
I. Any Director appointed on or after July 1, 2003, shall be
eligible to participate in either the Oklahoma Public Employees
Retirement System or in the Oklahoma Law Enforcement Retirement
System and shall make an irrevocable election in writing to
participate in one of the two retirement systems.
J. Any employee of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control in a classified position under the Merit
System of the Personnel Administration who is appointed Director,
Deputy Director, Acting Director or Acting Deputy Director shall
have a right to return to the highest previously held classified
position without any loss of rights, privileges or benefits
immediately upon completion of the duties of the employee, provided
the employee is not otherwise disqualified.
Added by Laws 1971, c. 119, § 2-103, emerg. eff. April 28, 1971.
Amended by Laws 1975, c. 133, § 3, emerg. eff. May 15, 1975; Laws
1976, c. 202, § 6, emerg. eff. June 4, 1976; Laws 1977, c. 177, § 7,
emerg. eff. June 7, 1977; Laws 1978, c. 118, § 6, emerg. eff. March
31, 1978; Laws 1981, c. 340, § 19, eff. July 1, 1981; Laws 1983, c.
145, § 2, eff. Jan. 1, 1984; Laws 1987, c. 138, § 2, emerg. eff.
June 19, 1987; Laws 1990, c. 258, § 9, operative July 1, 1990; Laws
1998, c. 387, § 2, eff. Nov. 1, 1998; Laws 1999, c. 60, § 1, eff.
July 1, 1999; Laws 1999, c. 426, § 2, eff. July 1, 1999; Laws 2003,
c. 199, § 13, emerg. eff. May 7, 2003; Laws 2006, 2nd Ex. Sess., c.
79, § 5; Laws 2007, c. 1, § 51, emerg. eff. Feb. 22, 2007; Laws
2008, c. 359, § 1, emerg. eff. June 3, 2008; Laws 2009, c. 445, § 1,
eff. July 1, 2009; Laws 2011, c. 58, § 1, eff. Nov. 1, 2011; Laws
2012, c. 186, § 1, eff. Nov. 1, 2012; Laws 2013, c. 15, § 70, emerg.
Oklahoma Statutes - Title 63. Public Health and Safety Page 893
eff. April 8, 2013; Laws 2015, c. 305, § 1; Laws 2017, c. 38, § 2,
eff. Nov. 1, 2017; Laws 2017, c. 390, § 1, emerg. eff. June 6, 2017;
Laws 2022, c. 52, § 1, eff. Nov. 1, 2022.
NOTE: Laws 1999, c. 40, § 1 repealed by Laws 1999, c. 426, § 5,
eff. July 1, 1999. Laws 2006, 2nd Ex. Sess., c. 83, § 7 repealed by
Laws 2007, c. 1, § 52, emerg. eff. Feb. 22, 2007. Laws 2012, c.
304, § 495 repealed by Laws 2013, c. 15, § 71, emerg. eff. April 8,
2013.
§63-2-103.1. Investigations - Subpoena power.
A. In any investigation relating to the functions of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
pursuant to the provisions of the Uniform Controlled Dangerous
Substances Act with respect to controlled substances or other
provisions of Oklahoma law with respect to the crimes of money
laundering and human trafficking, the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, if recommended and
approved by a chief agent of the Bureau and the legal counsel of the
Bureau, may subpoena witnesses, compel the attendance and testimony
of witnesses, and require the production of any records, including
books, papers, documents, and other tangible things which constitute
or contain evidence, which the Director or agent finds relevant or
material to the investigation. The attendance of witnesses and the
production of records may be required from any place in the state to
a designated location in the county seat of the county of which the
subpoenaed person is an inhabitant or in which the subpoenaed person
carries on business or may be found. Witnesses summoned pursuant to
this section shall be paid the same fees and mileage that are paid
witnesses in the courts of this state.
B. The witness shall have the option of complying with said
subpoena by:
1. Appearing and/or producing documents, as requested; or
2. Notifying the Bureau, in writing, of refusal to appear or
produce documents, within ten (10) days of the date of service.
The subpoena form shall clearly set forth the optional means of
compliance including instructions for sending written notice of
refusal.
C. A subpoena issued pursuant to this section may be served by
any person designated in the subpoena to serve it. Service upon a
natural person may be made by personal delivery of the subpoena to
him. Service may be made upon a domestic or foreign corporation or
upon a partnership or other unincorporated association which is
subject to suit under a common name, by delivering the subpoena to
an officer, to a managing or general agent, or to any other agent
authorized by appointment or by law to receive service of process.
The affidavit of the person serving the subpoena entered on a true
copy thereof by the person serving it shall be proof of service.
Oklahoma Statutes - Title 63. Public Health and Safety Page 894
D. In the case of contumacy by or refusal to obey a subpoena
issued to any person, the Director may invoke the aid of any
district court of the state within the jurisdiction of which the
investigation is carried on or of which the subpoenaed person is an
inhabitant, or in which he carries on business or may be found, to
compel compliance with the subpoena. The court may issue an order
requiring the subpoenaed person to appear before the Director to
produce records, if so ordered, or to give testimony touching the
matter under investigation. Any failure to obey the order of the
court may be punished by the court as an indirect contempt thereof.
All process in any such case may be served in any judicial district
in which such person may be found.
E. The district court of the county wherein the subpoena is
served may quash a subpoena issued pursuant to this section, upon a
motion to quash the subpoena filed with the court by the party to
whom the subpoena is issued.
Added by Laws 1989, c. 184, § 1, eff. Nov. 1, 1989. Amended by Laws
2013, c. 143, § 1, eff. Nov. 1, 2013.
§63-2-103a. Repealed by Laws 2014, c. 390, § 6, eff. July 1, 2014.
§63-2-104.1. Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control Commission.
A. There is hereby created an Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control Commission which shall consist
of seven (7) members, not more than two of whom shall be from the
same congressional district. However, when congressional districts
are redrawn, each member appointed prior to July 1 of the year in
which such modification becomes effective shall complete the current
term of office and appointments made after July 1 of the year in
which such modification becomes effective shall be based on the
redrawn districts. No appointments may be made after July 1 of the
year in which such modification becomes effective if such
appointment would result in more than two members serving from the
same modified district. The members shall be appointed by the
Governor and confirmed by the Senate and shall be removable only for
cause, as provided by law for the removal of officers not subject to
impeachment. The term of office of each member shall be seven (7)
years. The first appointments shall be for the following terms as
designated by the Governor: one member for a term of one (1) year;
one member for a term of two (2) years; one member for a term of
three (3) years; one member for a term of four (4) years; one member
for a term of five (5) years; one member for a term of six (6)
years; and one member for a term of seven (7) years. A member may
serve more than one term on the Commission. Each member shall
continue to serve so long as the member is qualified until a
successor has been appointed and confirmed by the Senate. Vacancies
Oklahoma Statutes - Title 63. Public Health and Safety Page 895
occurring during a term shall be filled for the unexpired portion of
the term by the same procedure used to make the regular
appointments.
B. Four of the members shall represent the lay citizenry, one
member shall be a district attorney while serving in that capacity,
one member shall be a sheriff while serving in that capacity, and
one member shall be a chief of police while serving in that
capacity; provided that the sheriff and police chief members shall
have successfully completed an approved course of instruction for
peace officers as required by law.
C. Annually the Commission shall select one of the Commission
members to serve as chair and one member to serve as vice-chair.
The Commission shall meet at least quarterly. The chair shall
preside at all meetings of the Commission and shall have the power
to call meetings of the Commission. In addition, meetings of the
Commission may be called by a majority of the members. The vice-
chair shall perform these functions in the absence or incapacity of
the chair. A quorum of four members of the Commission shall be
necessary to conduct any official business. All actions taken by
the Commission shall be by a simple majority vote of a quorum. In
the event of a tie vote, the measure being voted upon shall be
deemed to have failed.
The Commission shall adopt rules of procedure for the orderly
performance of its functions.
D. Members of the Commission shall serve without salary but may
be reimbursed for travel expenses in attending meetings and
performing their duties in the manner provided for other state
officers and employees under the State Travel Reimbursement Act. No
other provisions of law shall be construed as prohibiting public
officers from also serving as members of the Commission, nor shall
any other provisions of law be construed as prohibiting public
officers or public employees from performing services for the
Commission without compensation. It is further provided that no
town, city, county, or other subdivision or other agency of state
government shall be prohibited from receiving a grant or from
benefiting from grants or expenditures of the Commission for the
reason that an officer or employee of such town, city, county, or
other subdivision or agency of state government is a Commission
member or employee.
E. The Commission shall have the following powers and duties
and responsibilities:
1. To appoint the Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, whose compensation shall be
determined by the Legislature.
2. To hear any complaint against the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control or any of its employees
according to the following procedure:
Oklahoma Statutes - Title 63. Public Health and Safety Page 896
a. Only those complaints which have been submitted in
writing and are signed will be acted upon by the
Commission.
b. All hearings on complaints shall be conducted in
executive sessions, and shall not be open to the
public.
c. The Commission shall have limited access to pertinent
investigative files when investigating a complaint.
The Director shall provide a procedure whereby the
identification of all persons named in any
investigative file except the subject of the complaint
and the complaining witness shall not be revealed to
the members of the Commission. Any consideration of
files shall be in executive session not open to the
public. No information or evidence received in
connection with the hearings shall be revealed to any
person or agency. Any violation hereof shall be
grounds for removal from the Commission, and shall
constitute a misdemeanor.
3. To make recommendations to the Director of any needed
disciplinary action necessary as a result of an investigation
conducted upon a complaint received.
4. To establish general procedures with regard to assisting law
enforcement officers and district attorneys.
5. To establish a program of training for agents utilizing such
courses as the National Police Academy conducted by the Federal
Bureau of Investigation.
Added by Laws 1983, c. 145, § 3, eff. Jan. 1, 1984. Amended by Laws
1985, c. 178, § 45, operative July 1, 1985; Laws 1992, c. 364, § 6,
emerg. eff. June 4, 1992; Laws 2002, c. 375, § 12, eff. Nov. 5,
2002; Laws 2003, c. 229, § 4, emerg. eff. May 20, 2003.
§63-2-105. Duty of state departments, officers, agencies, and
employees – Fatal and nonfatal drug overdose report.
A. It shall be the duty of all departments, officers, agencies,
and employees of the state to cooperate with the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control in
carrying out the functions of the office. The State Medical
Examiner shall promptly report to the offices of the Director of the
Oklahoma Bureau of Narcotics and Dangerous Drugs Control, the
Executive Director of the State Board of Medical Licensure and
Supervision and the Executive Director of the State Board of
Osteopathic Examiners all deaths occurring within the state which
were the result or probable result of abuse of a controlled
dangerous substance.
B. The Bureau shall be required to compile a yearly report of
all fatal and nonfatal drug overdoses for the State of Oklahoma.
Oklahoma Statutes - Title 63. Public Health and Safety Page 897
All registrants, as defined in the Anti-Drug Diversion Act, shall
report any person appearing at a medical facility with a drug
overdose to the central repository as provided in the Anti-Drug
Diversion Act. The determination of a drug overdose shall be made
solely at the discretion of the treating medical professional based
on the education, experience and professional opinion of the medical
professional. This information shall be considered part of the
central repository pursuant to the Anti-Drug Diversion Act and shall
be confidential and not open to the public pursuant to the
provisions of Section 2-309D of this title.
Added by Laws 1971, c. 119, § 2-105, emerg. eff. April 28, 1971.
Amended by Laws 1972, c. 229, § 1, emerg. eff. April 7, 1972; Laws
1985, c. 263, § 4, emerg. eff. July 15, 1985; Laws 1996, c. 306, §
2, emerg. eff. June 10, 1996; Laws 2010, c. 160, § 1, eff. Nov. 1,
2010; Laws 2015, c. 305, § 2.
§63-2-106. Powers and duties of Director.
A. The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control shall, in addition to other powers and
duties vested in the Director:
1. Cooperate with federal and other state agencies in
discharging the responsibilities concerning traffic in narcotics and
dangerous substances and in suppressing the abuse of dangerous
substances;
2. Arrange for the exchange of information between governmental
officials concerning the use and abuse of dangerous substances;
3. Coordinate and cooperate in training programs on dangerous
substances law enforcement at the local and state levels;
4. Cooperate with the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control by establishing a centralized unit which
will accept, catalog, file and collect statistics including records
of drug-dependent persons and other dangerous substance law
offenders within the state, and make such information available for
federal, state and local law enforcement purposes; and may collect
and furnish statistics for other appropriate purposes; and
5. Coordinate and cooperate in programs of eradication aimed at
destroying wild or illicit growth of plant species from which
controlled dangerous substances may be extracted.
B. Results, information and evidence received from the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control relating to
the regulatory functions of Section 2-101 et seq. of this title
including results of inspections conducted by that agency, may be
relied upon and acted upon by the Director in conformance with the
regulatory functions under Section 2-101 et seq. of this title.
C. The Director is further authorized and directed to:
Oklahoma Statutes - Title 63. Public Health and Safety Page 898
1. Coordinate and cooperate in educational programs designed to
prevent and deter misuse and abuse of controlled dangerous
substances;
2. Promote better recognition of the problems of misuse and
abuse of controlled dangerous substances within the regulated
industry and among interested groups and organizations;
3. Assist the regulated industry, interested groups and
organizations in contributing to the reduction of misuse and abuse
of controlled dangerous substances;
4. Consult with interested groups and organizations to aid them
in solving administrative and organizational problems;
5. Assist in evaluating procedures, projects, techniques and
controls conducted or proposed as part of educational programs on
misuse and abuse of controlled dangerous substances;
6. Disseminate the results of research on misuse and abuse of
controlled dangerous substances to promote a better public
understanding of what problems exist and what can be done to combat
them;
7. Assist in the education and training of state and local law
enforcement officials in their efforts to control misuse and abuse
of controlled dangerous substances;
8. Conduct an annual seminar to be attended by selected law
enforcement officers in order to teach new techniques and advances
in the investigation of violations of the Uniform Controlled
Dangerous Substances Act; and
9. Supervise and direct agents appointed in the performance of
their function of enforcement of the provisions of Section 2-101 et
seq. of this title.
D. The Director is further authorized and directed to:
1. Encourage research on misuse and abuse of controlled
dangerous substances;
2. Cooperate in establishing methods to assess accurately the
effects of controlled dangerous substances and to identify and
characterize controlled dangerous substances with potential for
abuse; and
3. Cooperate in making studies and in undertaking programs of
research to:
a. develop new or improved approaches, techniques,
systems, equipment and devices to strengthen the
enforcement of Section 2-101 et seq. of this title,
b. determine patterns of misuse and abuse of controlled
dangerous substances and the social effects thereof,
and
c. improve methods for preventing, predicting,
understanding and dealing with the misuse and abuse of
controlled dangerous substances.
Oklahoma Statutes - Title 63. Public Health and Safety Page 899
E. The Director shall prepare a yearly report on all deaths and
nonfatal overdoses which were the result or probable result of abuse
of a controlled dangerous substance. The yearly report shall be
limited to statistical information including, but not limited to,
the county where the death or nonfatal overdose occurred, age, race,
gender, type of controlled dangerous substances involved in the
death or nonfatal overdose, and the method in which the controlled
dangerous substance was obtained by the person, when available.
F. The Director may enter into contracts with public agencies,
institutions of higher education and private organizations or
individuals for the purpose of conducting research, demonstrations
or special projects which bear directly on misuse and abuse of
controlled dangerous substances.
G. The Director may enter into contracts for educational and
research activities without performance bonds.
H. The Director may authorize persons engaged in research or
scientific activities on the use and effects of dangerous substances
to withhold the names and other identifying characteristics of
persons who are the subjects of such research. Persons who obtain
this authorization may not be compelled in any state civil,
criminal, administrative, legislative or other proceeding to
identify the subjects of research for which such authorization was
obtained.
I. The Director may authorize the lawful possession,
distribution and use of controlled dangerous substances by persons
engaged in research or scientific activities; authorization for
possession of controlled dangerous substances may be extended to
persons engaged in a program of drug education or persons in the
performance of an official duty. Persons who obtain this
authorization shall be exempt from state prosecution for possession,
distribution or use of dangerous substances to the extent authorized
by the Director.
J. The Director is authorized to accept gifts, bequests,
devises, contributions and grants, public or private including
federal funds or funds from any other source for use in furthering
the purpose of the office of the Director.
K. The Director is authorized to purchase or sell real
property, together with appurtenances, in the name of the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control upon approval
of the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control Commission.
L. The Director is authorized to purchase and maintain motor
vehicles and other equipment for use by the employees of the Bureau.
M. The Director shall be in charge of all monies appropriated
for or deposited to the credit of the office of the Director and is
authorized to approve claims and payrolls as provided in Section
41.26 of Title 62 of the Oklahoma Statutes.
Oklahoma Statutes - Title 63. Public Health and Safety Page 900
N. The Director shall have the authority of a peace officer and
is authorized to commission assistants of the office as peace
officers.
O. The Director shall have the authority to enter into
interagency transfers with the Oklahoma State Bureau of
Investigation, the Oklahoma Highway Patrol and the Oklahoma
Alcoholic Beverages Laws Enforcement Commission as provided for in
Section 1 of this act.
P. Upon determining that a practitioner is prescribing a
controlled dangerous substance to a person engaged in fraudulent or
deceptive efforts to fill or refill multiple prescriptions for
controlled dangerous substances, the Director shall provide written
or electronic notification alerting the practitioner to the
possibility that the person may be unlawfully obtaining prescription
drugs in violation of the Uniform Controlled Dangerous Substances
Act.
Added by Laws 1971, c. 119, § 2-106, emerg. eff. April 28, 1971.
Amended by Laws 1975, c. 133, § 5, emerg. eff. May 15, 1975; Laws
2008, c. 170, § 10, eff. July 1, 2008; Laws 2009, c. 442, § 2, eff.
July 1, 2009; Laws 2010, c. 160, § 2, eff. Nov. 1, 2010; Laws 2013,
c. 340, § 1, eff. Nov. 1, 2013; Laws 2021, c. 95, § 4, eff. Nov. 1,
2021.
§63-2-106.1. Lease of seaplane.
The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control is hereby authorized to lease the seaplane owned by said
Bureau. Said lease shall not be subject to the provisions of
Section 85.5 of Title 74 of the Oklahoma Statutes and shall not have
to be approved by the Office of Management and Enterprise Services.
Added by Laws 1987, c. 205, § 54, operative July 1, 1987. Amended
by Laws 2008, c. 359, § 2, emerg. eff. June 3, 2008; Laws 2012, c.
304, § 496.
§63-2-106.2. Sale of forfeited vehicles, equipment, and property -
Exemption.
A. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control is hereby authorized to:
1. Make available for sale used vehicles, used equipment and
forfeited property to any federal, state, county, or municipal
agency, trust authority or public school district;
2. Sell at public auction any used vehicles, used equipment and
any property forfeited to the Bureau; and
3. Donate or transfer title to any surplus property as defined
in Section 62.2 of Title 74 of the Oklahoma Statutes, or property
forfeited to the Bureau, to any law enforcement agency of any
political subdivision of the State of Oklahoma. The use of such
Oklahoma Statutes - Title 63. Public Health and Safety Page 901
donated equipment shall be limited to valid and authorized law
enforcement efforts by the receiving agency.
B. Any property subject to this section shall be exempted from
the provisions set forth in Section 62.3 of Title 74 of the Oklahoma
Statutes.
Added by Laws 2008, c. 359, § 3, emerg. eff. June 3, 2008 Amended
by Laws 2024, c. 308, § 2, emerg. eff. May 15, 2024.
NOTE: Laws 2008, c. 170, § 11 repealed by Laws 2009, c. 2, § 19,
emerg. eff. March 12, 2009.
§63-2-107. Bureau of Narcotics Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control to be designated the "Bureau of Narcotics Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of any monies received from the sale
of surplus and confiscated property, fees and receipts collected
pursuant to the Oklahoma Open Records Act, gifts, bequests, devises,
contributions or grants, public or private, including federal funds
unless otherwise provided by federal law or regulation, registration
fees and receipts relating to prescription pads and receipts from
any other source. All monies accruing to the credit of said fund
are hereby appropriated and may be budgeted and expended by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control for
general operations of the agency. Expenditures from said 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 1971, c. 119, § 2-107, emerg. eff. April 28, 1971.
Amended by Laws 1975, c. 133, § 6, emerg. eff. May 15, 1975; Laws
1986, c. 202, § 6, operative July 1, 1986; Laws 1987, c. 205, § 55,
operative July 1, 1987; Laws 2012, c. 304, § 497.
§63-2-107a. Bureau of Narcotics Drug Education Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control to be designated the “Bureau of Narcotics Drug Education
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of any monies received
pursuant to subsection F of Section 1313.2 of Title 20 of the
Oklahoma Statutes. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control for
purposes relating to drug education and information in the State of
Oklahoma.
Added by Laws 2008, c. 437, § 1, eff. July 1, 2008. Amended by Laws
2009, c. 442, § 3, eff. July 1, 2009.
Oklahoma Statutes - Title 63. Public Health and Safety Page 902
§63-2-107b. Drug Money Laundering and Wire Transmitter Revolving
Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control to be designated the "Drug Money Laundering and Wire
Transmitter 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 State Bureau of Narcotics and
Dangerous Drugs Control from the fees imposed pursuant to Section 2-
503.1j of this title. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control for
the purpose of drug enforcement. Expenditures from said 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 2009, c. 442, § 4, eff. July 1, 2009. Amended by Laws
2012, c. 304, § 498.
§63-2-109. Rental or charter of aircraft.
The Oklahoma Bureau of Narcotics and Dangerous Drugs Control is
hereby authorized to rent and/or charter aircraft on a project
mission basis; such rental or charter to last only for the duration
of the project mission. The Bureau is also authorized to pay, from
any funds available to the Bureau, expenses involved in qualifying
multiengine and instrument pilots as may be required to accomplish
agency responsibilities.
Laws 1980, c. 301, § 8, emerg. eff. June 17, 1980.
§63-2-109a. Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control - Janitorial services - Background investigations and
national criminal history record checks.
The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control shall conduct background investigations and national
criminal history record checks on companies and individuals with
which the Bureau contracts to provide janitorial services and shall
not be subject to the provisions of Section 3007 of Title 74 of the
Oklahoma Statutes.
Added by Laws 2010, c. 458, § 3, eff. Nov. 1, 2010.
§63-2-110. Attorneys.
The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control may employ attorneys, who shall be
unclassified employees of the state, or contract with attorneys, as
needed. These attorneys may advise the Director, the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control Commission and
Oklahoma Statutes - Title 63. Public Health and Safety Page 903
Bureau personnel on all legal matters and shall appear for and
represent the Director, the Commission and Bureau personnel in all
administrative hearings and all litigation or other proceedings
which may arise in the discharge of their duties. At the request of
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
Commission, such attorney shall assist the district attorney or the
Attorney General in prosecuting charges of violators of the Uniform
Controlled Dangerous Substances Act or any felony relating to or
arising from a violation of the Uniform Controlled Dangerous
Substances Act. Attorneys for the Bureau who have been certified by
the Council on Law Enforcement Education and Training to carry a
weapon or have been issued a handgun license pursuant to the
provisions of the Oklahoma Self-Defense Act shall be allowed to
carry weapons pursuant to paragraph 3 of subsection A of Section
1272 of Title 21 of the Oklahoma Statutes. These attorneys,
pursuant to this provision, shall not be considered eligible to
participate in the Oklahoma Law Enforcement Retirement System. If a
conflict of interest would be created by such attorney representing
the Director, the Commission or Bureau personnel, additional counsel
may be hired upon approval of the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control Commission.
Added by Laws 1985, c. 263, § 7, emerg. eff. July 15, 1985. Amended
by Laws 1988, c. 173, § 6, operative July 1, 1988; Laws 2000, c.
216, § 1, eff. Nov. 1, 2000; Laws 2008, c. 359, § 4, emerg. eff.
June 3, 2008; Laws 2012, c. 259, § 46, eff. Nov. 1, 2012; Laws 2023,
c. 375, § 2, emerg. eff. June 9, 2023.
§63-2-111. Employee performance recognition program - Awards -
Funding.
A. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control is authorized to establish an employee performance
recognition program that encourages outstanding job performance and
productivity within the Bureau. The Bureau is authorized to expend
funds for:
1. The purchase of recognition awards to be presented to
members of work units or individual employees having exceptional job
performance records or other significant contributions to the
operation of the Bureau;
2. The purchase of recognition awards to be presented to
nonemployees of the Bureau in recognition of exemplary service or
assistance to the Bureau and law enforcement; and
3. A formal ceremony or banquet where the awards may be
presented.
B. Recognition awards may consist of distinctive wearing
apparel, service pins, plaques, writing pens, or other distinguished
awards of a value not exceeding One Hundred Fifty Dollars ($150.00)
per award to recognize the achievement of the work unit or
Oklahoma Statutes - Title 63. Public Health and Safety Page 904
individual employee. In addition to recognition awards, the Bureau
may establish an employee benefit program not exceeding Five
Thousand Dollars ($5,000.00) each fiscal year for cash awards to
recognize outstanding performance in the workplace by Bureau
employees.
C. To better educate and foster relations as to the Bureau and
its mission towards drug reduction, the Bureau may expend funds not
exceeding Ten Thousand Dollars ($10,000.00) each fiscal year for the
purpose of distributing educational, demand-reduction and
commemorative materials bearing the seal of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control to nonemployees.
Donated items, federal grant money and seizure funds shall not count
toward this amount.
Added by Laws 2008, c. 359, § 5, emerg. eff. June 3, 2008.
NOTE: Laws 2008, c. 170, § 12 repealed by Laws 2009, c. 2, § 20,
emerg. eff. March 12, 2009.
§63-2-112. Report on progress of opioid act of 2019.
The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control shall report to the standing committees of the Legislature
having jurisdiction over health and human services matters and over
occupational and professional regulation matters, no later than
January 31, 2020, with progress on implementing the provisions of
this act. The report shall contain, at a minimum, the following
information:
1. Registration of prescribers and dispensers in the central
repository pursuant to Section 2-309A et seq. of Title 63 of the
Oklahoma Statutes;
2. Data regarding the checking and using of the central
repository by data requesters;
3. Data from professional boards regarding the implementation
of continuing education requirements for prescribers of opioid
drugs;
4. Effects on the prescriber workforce;
5. Changes in the numbers of patients taking more than one
hundred (100) morphine milligram equivalents of opioid drugs per
day;
6. Data regarding the total quantity of opioid drugs prescribed
in morphine milligram equivalents;
7. Progress on electronic prescribing of opioid drugs; and
8. Improvements to the central repository through the request
for proposals process including feedback from prescribers,
dispensers and applicable state licensing boards on those
improvements.
Added by Laws 2019, c. 428, § 21, emerg. eff. May 21, 2019.
§63-2-201. Authority to control - Recommendations.
Oklahoma Statutes - Title 63. Public Health and Safety Page 905
A. The Director shall administer the provisions of this act
except as otherwise provided.
B. The Board of Pharmacy by rule may classify new products
determined to have a potential for abuse as controlled dangerous
substances after notice and hearing; provided that such rule shall
be submitted to the next regular session of the Legislature, and
such rule shall remain in force and effect unless a concurrent
resolution of disapproval is passed. Hearings shall be conducted by
the Board of Pharmacy or such officers, agents or employees as the
Board of Pharmacy may designate for the purpose. The Board of
Pharmacy shall give appropriate notice of the proposed
classification and of the time and place for a hearing. The rule so
promulgated shall become effective on a date fixed by the Board of
Pharmacy. Such rule may be amended or repealed in the same manner
as provided for its adoption. Proceedings pursuant to this
subsection shall be governed by the Administrative Procedures Act.
A new substance controlled pursuant to this subsection shall be
subject to the same regulatory provisions of this act applicable to
the Schedule of substances to which it is classified.
C. The Director may recommend to the Legislature the addition,
deletion or rescheduling of a substance.
D. In considering whether to make a recommendation or issue an
order under this section, the Director or the Board of Pharmacy, as
the case may be, shall consider the following:
1. Its actual or relative potential for abuse;
2. Scientific evidence of its pharmacological effect, if known;
3. State of current scientific knowledge regarding the
substance;
4. Its history and current pattern of abuse;
5. The scope, duration, and significance of abuse;
6. What, if any, risk there is to the public health;
7. Its psychic or physiological dependence liability; and
8. Whether the substance is an immediate precursor or principal
compound of a substance already controlled under this article.
E. Substances which are precursors of a controlled precursor
shall not be subject to control solely because they are precursors
of the controlled precursor.
F. In addition to the filing requirements of the Administrative
Procedures Act, copies of orders issued under this section shall,
during the time the Legislature is not in session, be filed with the
Chair and Vice Chair of the State Legislative Council's Judiciary
Committee.
G. The Board of Pharmacy shall exclude any nonnarcotic
substance from a schedule if such substance may, under the Federal
Food, Drug and Cosmetic Act and the law of this state, be lawfully
sold over the counter without a prescription.
Oklahoma Statutes - Title 63. Public Health and Safety Page 906
Added by Laws 1971, c. 119, § 2-201, operative Sept. 1, 1971.
Amended by Laws 2008, c. 359, § 6, emerg. eff. June 3, 2008.
§63-2-202. Nomenclature in schedules.
The schedules provided by this act include the controlled
dangerous substances listed or to be listed by whatever official
name, common or usual name, chemical name, or trade name designated.
Added by Laws 1971, c. 119, § 2-202, operative Sept. 1, 1971.
§63-2-203. Schedule I characteristics.
Schedule I includes substances with the following
characteristics:
1. High potential for abuse;
2. No accepted medical use in the United States or lacks
accepted safety for use in treatment under medical supervision.
Added by Laws 1971, c. 119, § 2-203, operative Sept. 1, 1971.
§63-2-204. Schedule I.
The controlled substances listed in this section are included in
Schedule I and include any material, compound, mixture or
preparation that contains any quantity of the following
hallucinogenic substances, their salts, isomers and salts of
isomers, unless specifically excepted, when the existence of these
salts, isomers and salts of isomers is possible within the specific
chemical designation.
A. Any of the following opiates including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers,
unless specifically excepted, when the existence of these isomers,
esters, ethers, and salts is possible within the specific chemical
designation:
1. Acetylmethadol;
2. Allylprodine;
3. Alphacetylmethadol;
4. Alphameprodine;
5. Alphamethadol;
6. Benzethidine;
7. Betacetylmethadol;
8. Betameprodine;
9. Betamethadol;
10. Betaprodine;
11. Clonitazene;
12. Dextromoramide;
13. Dextrorphan (except its methyl ether);
14. Diampromide;
15. Diethylthiambutene;
16. Dimenoxadol;
17. Dimepheptanol;
Oklahoma Statutes - Title 63. Public Health and Safety Page 907
18. Dimethylthiambutene;
19. Dioxaphetyl butyrate;
20. Dipipanone;
21. Ethylmethylthiambutene;
22. Etonitazene;
23. Etoxeridine;
24. Furethidine;
25. Hydroxypethidine;
26. Isotonitazene;
27. Ketobemidone;
28. Levomoramide;
29. Levophenacylmorphan;
30. Metonitazene;
31. Morpheridine;
32. N-desethyl isotonitazene;
33. N-pyrrolidino protonitazene;
34. Noracymethadol;
35. Norlevorphanol;
36. Normethadone;
37. Norpipanone;
38. Phenadoxone;
39. Phenampromide;
40. Phenomorphan;
41. Phenoperidine;
42. Piritramide;
43. Proheptazine;
44. Properidine;
45. Protonitazene;
46. Racemoramide; or
47. Trimeperidine.
B. Any of the following opium derivatives, their salts,
isomers, and salts of isomers, unless specifically excepted, when
the existence of these salts, isomers, and salts of isomers is
possible within the specific chemical designation:
1. Acetorphine;
2. Acetyldihydrocodeine;
3. Benzylmorphine;
4. Codeine methylbromide;
5. Codeine-N-Oxide;
6. Cyprenorphine;
7. Desomorphine;
8. Dihydromorphine;
9. Etorphine;
10. Heroin;
11. Hydromorphinol;
12. Methyldesorphine;
13. Methylhydromorphine;
Oklahoma Statutes - Title 63. Public Health and Safety Page 908
14. Morphine methylbromide;
15. Morphine methylsulfonate;
16. Morphine-N-Oxide;
17. Myrophine;
18. Nicocodeine;
19. Nicomorphine;
20. Normorphine;
21. Phoclodine;
22. Thebacon;
23. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide
(Acetyl fentanyl);
24. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butenamide
(Crotonyl fentanyl);
25. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-
furancarboxamide (Furanyl fentanyl);
26. N-phenyl-1-(2-phenylethyl)-4-piperidinamine (4-ANPP);
27. N-(1-phenethylpiperidin-4-yl)-N-
phenylcyclopropanecarboxamide (Cyclopropyl fentanyl); or
28. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide
(Butyrl fentanyl).
C. Any material, compound, mixture, or preparation which
contains any quantity of the following hallucinogenic substances,
their salts, isomers, and salts of isomers, unless specifically
excepted, when the existence of these salts, isomers, and salts of
isomers is possible within the specific chemical designation:
1. Methcathinone;
2. 3, 4-methylenedioxy amphetamine;
3. 3, 4-methylenedioxy methamphetamine;
4. 5-methoxy-3, 4-methylenedioxy amphetamine;
5. 3, 4, 5-trimethoxy amphetamine;
6. Bufotenine;
7. Diethyltryptamine;
8. Dimethyltryptamine;
9. 4-methyl-2, 5-dimethoxyamphetamine;
10. Ibogaine;
11. Lysergic acid diethylamide;
12. Marijuana;
13. Mescaline;
14. N-benzylpiperazine;
15. N-ethyl-3-piperidyl benzilate;
16. N-methyl-3-piperidyl benzilate;
17. Psilocybin;
18. Psilocyn;
19. 2, 5 dimethoxyamphetamine;
20. 4 Bromo-2, 5-dimethoxyamphetamine;
21. 4 methoxyamphetamine;
22. Cyclohexamine;
Oklahoma Statutes - Title 63. Public Health and Safety Page 909
23. Salvia Divinorum;
24. Salvinorin A;
25. Thiophene Analog of Phencyclidine. Also known as: 1-(1-(2-
thienyl) cyclohexyl) piperidine; 2-Thienyl Analog of Phencyclidine;
TPCP, TCP;
26. Phencyclidine (PCP);
27. Pyrrolidine Analog for Phencyclidine. Also known as 1-(1-
Phenylcyclohexyl) - Pyrrolidine, PCPy, PHP;
28. 1-(3-trifluoromethylphenyl) piperazine;
29. Flunitrazepam;
30. B-hydroxy-amphetamine;
31. B-ketoamphetamine;
32. 2,5-dimethoxy-4-nitroamphetamine;
33. 2,5-dimethoxy-4-bromophenethylamine;
34. 2,5-dimethoxy-4-chlorophenethylamine;
35. 2,5-dimethoxy-4-iodoamphetamine;
36. 2,5-dimethoxy-4-iodophenethylamine;
37. 2,5-dimethoxy-4-methylphenethylamine;
38. 2,5-dimethoxy-4-ethylphenethylamine;
39. 2,5-dimethoxy-4-fluorophenethylamine;
40. 2,5-dimethoxy-4-nitrophenethylamine;
41. 2,5-dimethoxy-4-ethylthio-phenethylamine;
42. 2,5-dimethoxy-4-isopropylthio-phenethylamine;
43. 2,5-dimethoxy-4-propylthio-phenethylamine;
44. 2,5-dimethoxy-4-cyclopropylmethylthio-phenethylamine;
45. 2,5-dimethoxy-4-tert-butylthio-phenethylamine;
46. 2,5-dimethoxy-4-(2-fluoroethylthio)-phenethylamine;
47. 5-methoxy-N, N-dimethyltryptamine;
48. N-methyltryptamine;
49. A-ethyltryptamine;
50. A-methyltryptamine;
51. N, N-diethyltryptamine;
52. N, N-diisopropyltryptamine;
53. N, N-dipropyltryptamine;
54. 5-methoxy-a-methyltryptamine;
55. 4-hydroxy-N, N-diethyltryptamine;
56. 4-hydroxy-N, N-diisopropyltryptamine;
57. 5-methoxy-N, N-diisopropyltryptamine;
58. 4-hydroxy-N-isopropyl-N-methyltryptamine;
59. 3,4-Methylenedioxymethcathinone (Methylone);
60. 3,4-Methylenedioxypyrovalerone (MDPV);
61. 3-Methylmethcathinone (Metaphedrone);
62. 4-Methylmethcathinone (Mephedrone);
63. 4-methoxymethcathinone;
64. 4-Fluoromethcathinone;
65. 3-Fluoromethcathinone;
66. 1-(8-bromobenzo 1,2-b;4,5-b’ difuran-4-yl)-2-aminopropane;
Oklahoma Statutes - Title 63. Public Health and Safety Page 910
67. 2,5-Dimethoxy-4-chloroamphetamine;
68. 4-Methylethcathinone;
69. Pyrovalerone;
70. N,N-diallyl-5-methoxytryptamine;
71. 3,4-Methylenedioxy-N-ethylcathinone (Ethylone);
72. B-keto-N-Methylbenzodioxolylbutanamine (Butylone);
73. B-keto-Methylbenzodioxolylpentanamine (Pentylone);
74. Alpha-Pyrrolidinopentiophenone;
75. 4-Fluoroamphetamine;
76. Pentedrone;
77. 4’-Methyl-a-pyrrolidinohexaphenone;
78. 2,5-dimethoxy-4-(n)-propylphenethylamine;
79. 2,5-dimethoxyphenethylamine;
80. 1,4-Dibenzylpiperazine;
81. N,N-Dimethylamphetamine;
82. 4-Fluoromethamphetamine;
83. 4-Chloro-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine
(25C-NBOMe);
84. 4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine
(25I-NBOMe);
85. 4-Bromo-2,5-dimethoxy-N-(2-methoxybenzy)phenethylamine
(25B-NBOMe);
86. 1-(4-Fluorophenyl)piperazine;
87. Methoxetamine;
88. 3,4-dichloro-N[2-dimethylamino)cyclohexyl]-N-
methylbenzamide;
89. N-ethyl hexadrone;
90. Isopropyl-U-47700;
91. Para-fluorobutyrl fentanyl;
92. Para-fluorofentanyl (pFF);
93. Fluoro isobutryrl fentanyl;
94. 3-Hydroxy Phencyclidine (PCP);
95. 3-methoxy Phencyclidine (PCP);
96. Flualprazolam; or
97. Flubromazolam.
D. Unless specifically excepted or unless listed in a different
schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having stimulant
or depressant effect on the central nervous system:
1. Fenethylline;
2. Mecloqualone;
3. N-ethylamphetamine;
4. Methaqualone;
5. Gamma-Hydroxybutyric Acid, also known as GHB, gamma-
hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium
oxybate, and sodium oxybutyrate;
Oklahoma Statutes - Title 63. Public Health and Safety Page 911
6. Gamma-Butyrolactone (GBL) as packaged, marketed,
manufactured or promoted for human consumption, with the exception
of legitimate food additive and manufacturing purposes;
7. Gamma Hydroxyvalerate (GHV) as packaged, marketed, or
manufactured for human consumption, with the exception of legitimate
food additive and manufacturing purposes;
8. Gamma Valerolactone (GVL) as packaged, marketed, or
manufactured for human consumption, with the exception of legitimate
food additive and manufacturing purposes;
9. 1,4 Butanediol (1,4 BD or BDO) as packaged, marketed,
manufactured, or promoted for human consumption with the exception
of legitimate manufacturing purposes; or
10. N-ethylpentylone.
E. 1. The following industrial uses of Gamma-Butyrolactone,
Gamma Hydroxyvalerate, Gamma Valerolactone, or 1,4 Butanediol are
excluded from all schedules of controlled substances under this
title:
a. pesticides,
b. photochemical etching,
c. electrolytes of small batteries or capacitors,
d. viscosity modifiers in polyurethane,
e. surface etching of metal coated plastics,
f. organic paint disbursements for water soluble inks,
g. pH regulators in the dyeing of wool and polyamide
fibers,
h. foundry chemistry as a catalyst during curing,
i. curing agents in many coating systems based on
urethanes and amides,
j. additives and flavoring agents in food, confectionary,
and beverage products,
k. synthetic fiber and clothing production,
l. tetrahydrofuran production,
m. gamma butyrolactone production,
n. polybutylene terephthalate resin production,
o. polyester raw materials for polyurethane elastomers
and foams,
p. coating resin raw material, and
q. as an intermediate in the manufacture of other
chemicals and pharmaceuticals.
2. At the request of any person, the Director of the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control may exempt any
other product containing Gamma-Butyrolactone, Gamma Hydroxyvalerate,
Gamma Valerolactone, or 1,4 Butanediol from being included as a
Schedule I controlled substance if such product is labeled,
marketed, manufactured and distributed for legitimate industrial use
in a manner that reduces or eliminates the likelihood of abuse.
Oklahoma Statutes - Title 63. Public Health and Safety Page 912
3. In making a determination regarding an industrial product,
the Director, after notice and hearing, shall consider the
following:
a. the history and current pattern of abuse,
b. the name and labeling of the product,
c. the intended manner of distribution, advertising and
promotion of the product, and
d. other factors as may be relevant to and consistent
with the public health and safety.
4. The hearing shall be held in accordance with the procedures
of the Administrative Procedures Act.
F. Any material, compound, mixture, or preparation, whether
produced directly or indirectly from a substance of vegetable origin
or independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, that contains any quantity of
the following substances, or that contains any of their salts,
isomers, and salts of isomers when the existence of these salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
1. JWH-004;
2. JWH-007;
3. JWH-009;
4. JWH-015;
5. JWH-016;
6. JWH-018;
7. JWH-019;
8. JWH-020;
9. JWH-030;
10. JWH-046;
11. JWH-047;
12. JWH-048;
13. JWH-049;
14. JWH-050;
15. JWH-070;
16. JWH-071;
17. JWH-072;
18. JWH-073;
19. JWH-076;
20. JWH-079;
21. JWH-080;
22. JWH-081;
23. JWH-082;
24. JWH-094;
25. JWH-096;
26. JWH-098;
27. JWH-116;
28. JWH-120;
Oklahoma Statutes - Title 63. Public Health and Safety Page 913
29. JWH-122;
30. JWH-145;
31. JWH-146;
32. JWH-147;
33. JWH-148;
34. JWH-149;
35. JWH-150;
36. JWH-156;
37. JWH-167;
38. JWH-175;
39. JWH-180;
40. JWH-181;
41. JWH-182;
42. JWH-184;
43. JWH-185;
44. JWH-189;
45. JWH-192;
46. JWH-193;
47. JWH-194;
48. JWH-195;
49. JWH-196;
50. JWH-197;
51. JWH-198;
52. JWH-199;
53. JWH-200;
54. JWH-201;
55. JWH-202;
56. JWH-203;
57. JWH-204;
58. JWH-205;
59. JWH-206;
60. JWH-207;
61. JWH-208;
62. JWH-209;
63. JWH-210;
64. JWH-211;
65. JWH-212;
66. JWH-213;
67. JWH-234;
68. JWH-235;
69. JWH-236;
70. JWH-237;
71. JWH-239;
72. JWH-240;
73. JWH-241;
74. JWH-242;
75. JWH-243;
Oklahoma Statutes - Title 63. Public Health and Safety Page 914
76. JWH-244;
77. JWH-245;
78. JWH-246;
79. JWH-248;
80. JWH-249;
81. JWH-250;
82. JWH-251;
83. JWH-252;
84. JWH-253;
85. JWH-262;
86. JWH-292;
87. JWH-293;
88. JWH-302;
89. JWH-303;
90. JWH-304;
91. JWH-305;
92. JWH-306;
93. JWH-307;
94. JWH-308;
95. JWH-311;
96. JWH-312;
97. JWH-313;
98. JWH-314;
99. JWH-315;
100. JWH-316;
101. JWH-346;
102. JWH-348;
103. JWH-363;
104. JWH-364;
105. JWH-365;
106. JWH-367;
107. JWH-368;
108. JWH-369;
109. JWH-370;
110. JWH-371;
111. JWH-373;
112. JWH-386;
113. JWH-387;
114. JWH-392;
115. JWH-394;
116. JWH-395;
117. JWH-397;
118. JWH-398;
119. JWH-399;
120. JWH-400;
121. JWH-412;
122. JWH-413;
Oklahoma Statutes - Title 63. Public Health and Safety Page 915
123. JWH-414;
124. JWH-415;
125. CP-55, 940;
126. CP-47, 497;
127. HU-210;
128. HU-211;
129. WIN-55, 212-2;
130. AM-2201;
131. AM-2233;
132. JWH-018 adamantyl-carboxamide;
133. AKB48;
134. JWH-122 N-(4-pentenyl)analog;
135. MAM2201;
136. URB597;
137. URB602;
138. URB754;
139. UR144;
140. XLR11;
141. A-796,260;
142. STS-135;
143. AB-FUBINACA;
144. AB-PINACA;
145. PB-22;
146. AKB48 N-5-Fluorpentyl;
147. AM1248;
148. FUB-PB-22;
149. ADB-FUBINACA;
150. BB-22;
151. 5-Fluoro PB-22; or
152. 5-Fluoro AKB-48.
G. In addition to those substances listed in subsection F of
this section, unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of a synthetic cannabinoid found to be
in any of the following chemical groups:
1. Naphthoylindoles: any compound containing a 3-(1-
naphthoyl)indole structure with or without substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-
(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-
2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not further substituted on the indole
ring to any extent, and whether or not substituted on the naphthyl
ring to any extent. Naphthoylindoles include, but are not limited
to:
Oklahoma Statutes - Title 63. Public Health and Safety Page 916
a. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-
200),
b. 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201),
c. 1-pentyl-3-(1-naphthoyl)indole (JWH-018),
d. 1-butyl-3-(1-naphthoyl)indole (JWH-073),
e. 1-pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081),
f. 1-propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015),
g. 1-hexyl-3-(1-naphthoyl)indole (JWH-019),
h. 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122),
i. 1-pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210),
j. 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398),
k. 1-pentyl-2-methyl-3-(1-naphthoyl)indole (JWH-007),
l. 1-pentyl-3-(7-methoxy-1-naphthoyl)indole (JWH-164),
m. 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole
(JWH-098),
n. 1-pentyl-3-(4-fluoro-1-naphthoyl)indole (JWH-412),
o. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(1-
naphthoyl)indole (AM-1220),
p. 1-(5-fluoropentyl)-3-(4-methyl-1-naphthoyl)indole
(MAM-2201), or
q. 1-(4-cyanobutyl)-3-(1-naphthoyl)indole (AM-2232);
2. Naphthylmethylindoles: any compound containing a 1H-indol-3-
yl-(1-naphthyl)methane structure with or without substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-
(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-
2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not further substituted on the indole
ring to any extent, and whether or not substituted on the naphthyl
ring to any extent. Naphthylmethylindoles include, but are not
limited to, (1-pentylindol-3-yl)(1-naphthyl)methane (JWH-175);
3. Naphthoylpyrroles: any compound containing a 3-(1-
naphthoyl)pyrrole structure with or without substitution at the
nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl,
halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-
morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl,
phenyl, or halophenyl group, whether or not further substituted on
the pyrrole ring to any extent, and whether or not substituted on
the naphthyl group to any extent. Naphthoylpyrroles include, but
are not limited to:
a. 1-hexyl-2-phenyl-4-(1-naphthoyl)pyrrole (JWH-147),
b. 1-pentyl-5-(2-methylphenyl)-3-(1-naphthoyl)pyrrole
(JWH-370),
c. 1-pentyl-3-(1-naphthoyl)pyrrole (JWH-030), or
Oklahoma Statutes - Title 63. Public Health and Safety Page 917
d. 1-hexyl-5-phenyl-3-(1-naphthoyl)pyrrole (JWH-147);
4. Naphthylideneindenes: any compound containing a 1-(1-
naphthylmethylene)indene structure with or without substitution at
the 3-position of the indene ring by an alkyl, haloalkyl,
cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl,
halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-
morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl,
phenyl, or halophenyl group, whether or not further substituted on
the indene group to any extent, and whether or not substituted on
the naphthyl group to any extent. Naphthylmethylindenes include,
but are not limited to, (1-[(3-pentyl)-1H-inden-1-
ylidene)methyl]naphthalene (JWH-176);
5. Phenylacetylindoles: any compound containing a 3-
phenylacetylindole structure with or without substitution at the
nitrogen atom of the indole ring by alkyl, haloalkyl, cyanoalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-
(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-
2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not further substituted on the indole
ring to any extent, and whether or not substituted on the phenyl
ring to any extent. Phenylacetylindoles include, but are not
limited to:
a. 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250),
b. 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole
(RCS-8),
c. 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203),
d. 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251),
e. 1-pentyl-3-(4-methoxyphenylacetyl)indole (JWH-201), or
f. 1-pentyl-3-(3-methoxyphenylacetyl)indole (JWH-302);
6. Cyclohexylphenols: any compound containing a 2-(3-
hydroxycyclohexyl)phenol structure with or without substitution at
the 5-position of the phenolic ring by an alkyl, haloalkyl,
cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl,
halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-
morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl,
phenyl, or halophenyl group, and whether or not further substituted
on the cyclohexyl ring to any extent. Cyclohexylphenols include,
but are not limited to:
a. 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-
hydroxycyclohexyl]-phenol (CP-47,497),
b. 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-
phenol (cannabicyclohexanol; CP-47,497 C8 homologue),
or
Oklahoma Statutes - Title 63. Public Health and Safety Page 918
c. 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-
hydroxypropyl)cyclohexyl]-phenol (CP 55, 940);
7. Benzoylindoles: any compound containing a 3-(benzoyl)indole
structure with or without substitution at the nitrogen atom of the
indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-
2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-
pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not further substituted on the indole
ring to any extent, and whether or not substituted on the phenyl
group to any extent. Benzoylindoles include, but are not limited
to:
a. 1-pentyl-3-(4-methoxybenzoyl)indole (RCS-4),
b. 1-[2-(4-morpholinyl)ethyl]-2-methyl-3-(4-
methoxybenzoyl)indole (Pravadoline or WIN 48, 098),
c. 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694),
d. 1-pentyl-3-(2-iodobenzoyl)indole (AM-679), or
e. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(2-
iodobenzoyl)indole (AM-2233);
8. Cyclopropoylindoles: Any compound containing a 3-
(cyclopropoyl)indole structure with substitution at the nitrogen
atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-
2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-
pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not further substituted in the indole
ring to any extent and whether or not substituted in the
cyclopropoyl ring to any extent. Cyclopropoylindoles include, but
are not limited to:
a. 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole
(UR-144),
b. 1-(5-chloropentyl)-3-(2,2,3,3-
tetramethylcyclopropoyl)indole (5Cl-UR-144), or
c. 1-(5-fluoropentyl)-3-(2,2,3,3-
tetramethylcyclopropoyl)indole (XLR11);
9. Indole Amides: Any compound containing a 1H-Indole-3-
carboxamide structure with or without substitution at the nitrogen
atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-
2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-
pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not substituted at the carboxamide
group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl,
cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-
Oklahoma Statutes - Title 63. Public Health and Safety Page 919
1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-
dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not
further substituted in the indole, adamantyl, naphthyl, phenyl,
pyrrole, quninolinyl, or cycloalkyl rings to any extent. Indole
Amides include, but are not limited to:
a. N-(1-adamantyl)-1-pentyl-1H-indole-3-carboxamide
(2NE1),
b. N-(1-adamantyl)-1-(5-fluoropentyl-1H-indole-3-
carboxamide (STS-135),
c. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-
indole-3-carboxamide (ADBICA),
d. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-
fluoropentyl)-1H-indole-3-carboxamide (5F-ADBICA),
e. N-(naphthalen-1-yl)-1-pentyl-1H-indole-3-carboxamide
(NNE1),
f. 1-(5-fluoropentyl)-N-(naphthalene-1-yl)-1H-indole-3-
carboxamide (5F-NNE1),
g. N-benzyl-1-pentyl-1H-indole-3-carboxamide (SDB-006),
or
h. N-benzyl-1-(5-fluoropentyl)-1H-indole-3-carboxamide
(5F-SDB-006);
10. Indole Esters: Any compound containing a 1H-Indole-3-
carboxylate structure with or without substitution at the nitrogen
atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-
2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-
pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not substituted at the carboxylate
group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl,
cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-
1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-
dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not
further substituted in the indole, adamantyl, naphthyl, phenyl,
pyrrole, quinolinyl, or cycloalkyl rings to any extent. Indole
Esters include, but are not limited to:
a. quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB-
22),
b. quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-
carboxylate (5F-PB-22),
c. quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3-
carboxylate (BB-22),
d. naphthalen-1-yl 1-(4-fluorobenzyl)-1H-indole-3-
carboxylate (FDU-PB-22), or
e. naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-
carboxylate (NM2201);
Oklahoma Statutes - Title 63. Public Health and Safety Page 920
11. Adamantanoylindoles: Any compound containing an
adamantanyl-(1H-indol-3-yl)methanone structure with or without
substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
benzyl, halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-
morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl,
phenyl, or halophenyl group, whether or not further substituted in
the indole ring to any extent and whether or not substituted in the
adamantyl ring to any extent. Adamantanoylindoles include, but are
not limited to:
a. adamantan-1-yl[1-[(1-methyl-2-piperidinyl)methyl]-1H-
indol-3-yl]methanone (AM1248), or
b. adamantan-1-yl-(1-pentyl-1H-indol-3-yl)methanone (AB-
001);
12. Carbazole Ketone: Any compound containing (9H-carbazole-3-
yl) methanone structure with or without substitution at the nitrogen
atom of the carbazole ring by an alkyl, haloalkyl, cyanoalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-
(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-
2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, with substitution at the carbon of the methanone
group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl,
cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-
1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-
dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not
further substituted at the carbazole, adamantyl, naphthyl, phenyl,
pyrrole, quinolinyl, or cycloalkyl rings to any extent. Carbazole
Ketones include, but are not limited to, naphthalen-1-yl(9-pentyl-
9H-carbazol-3-yl)methanone (EG-018);
13. Benzimidazole Ketone: Any compound containing
(benzimidazole-2-yl) methanone structure with or without
substitution at either nitrogen atom of the benzimidazole ring by an
alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-2-
piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-
pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, with substitution at the carbon of the methanone
group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl,
cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-
1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-
dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not
further substituted in the benzimidazole, adamantyl, naphthyl,
phenyl, pyrrole, quinolinyl, or cycloalkyl rings to any extent.
Benzimidazole Ketones include, but are not limited to:
Oklahoma Statutes - Title 63. Public Health and Safety Page 921
a. naphthalen-1-yl(1-pentyl-1H-benzo[d]imidazol-2-
l)methanone (JWH-018 benzimidazole analog), or
b. (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-
yl)(naphthalen-1-yl)methanone (FUBIMINA); and
14. Modified by Replacement: any compound defined in this
subsection that is modified by replacement of a carbon with nitrogen
in the indole, naphthyl, indene, benzimidazole, or carbazole ring.
H. Any prescription drug approved by the federal Food and Drug
Administration under the provisions of Section 505 of the Federal
Food, Drug and Cosmetic Act, Title 21 of the United States Code,
Section 355, that is designated, rescheduled or deleted as a
controlled substance under federal law by the United States Drug
Enforcement Administration shall be excluded from Schedule I and
shall be prescribed, distributed, dispensed or used in accordance
with federal law upon the issuance of a notice, final rule or
interim final rule by the United States Drug Enforcement
Administration designating, rescheduling or deleting as a controlled
substance such a drug product under federal law, unless and until
the State Board of Pharmacy takes action pursuant to Section 2-201
of this title. If the Board of Pharmacy does not take action
pursuant to Section 2-201 of this title, the drug product shall be
deemed to be designated, rescheduled or deleted as a controlled
substance in accordance with federal law and in compliance with the
Uniform Controlled Dangerous Substances Act.
Added by Laws 1971, c. 119, § 2-204, operative Sept. 1, 1971.
Amended by Laws 1976, c. 291, § 1, emerg. eff. June 17, 1976; Laws
1978, c. 194, § 3, emerg. eff. April 14, 1978; Laws 1984, c. 127, §
1, eff. Nov. 1, 1984; Laws 1987, c. 138, § 3, emerg. eff. June 19,
1987; Laws 1994, c. 140, § 1, eff. Sept. 1, 1994; Laws 1995, c. 54,
§ 2, eff. July 1, 1995; Laws 1998, c. 100, § 1, emerg. eff. April
13, 1998; Laws 2000, c. 16, § 1, emerg. eff. April 3, 2000; Laws
2001, c. 99, § 2, eff. July 1, 2001; Laws 2001, c. 373, § 2, eff.
July 1, 2001; Laws 2005, c. 283, § 1, eff. Nov. 1, 2005; Laws 2008,
c. 332, § 1, eff. Nov. 1, 2008; Laws 2010, c. 182, § 1, eff. Nov. 1,
2010; Laws 2011, c. 239, § 2, eff. Nov. 1, 2011; Laws 2012, c. 80, §
2, eff. Nov. 1, 2012; Laws 2013, c. 181, § 1, eff. Nov. 1, 2013;
Laws 2014, c. 154, § 2, eff. Nov. 1, 2014; Laws 2015, c. 305, § 3;
Laws 2017, c. 390, § 2, emerg. eff. June 6, 2017; Laws 2018, c. 134,
§ 1, eff. Nov. 1, 2018; Laws 2019, c. 207, § 1, eff. Nov. 1, 2019;
Laws 2021, c. 222, § 2, eff. Nov. 1, 2021; Laws 2022, c. 70, § 1,
eff. Nov. 1, 2022; Laws 2023, c. 120, § 1, eff. Nov. 1, 2023; Laws
2024, c. 308, § 3, emerg. eff. May 15, 2024.
§63-2-205. Schedule II characteristics.
Schedule II includes substances with the following
characteristics:
1. High potential for abuse;
Oklahoma Statutes - Title 63. Public Health and Safety Page 922
2. Currently accepted medical use in the United States, or
currently accepted medical use with severe restrictions; and
3. The abuse of the substance may lead to severe psychic or
physical dependence.
Added by Laws 1971, c. 119, § 2-205, operative Sept. 1, 1971.
§63-2-206. Schedule II.
The controlled substances listed in this section are included in
Schedule II and include any material, compound, mixture or
preparation that contains any quantity of the following
hallucinogenic substances, their salts, isomers and salts of
isomers, unless specifically excepted, when the existence of these
salts, isomers and salts of isomers is possible within the specific
chemical designation.
A. Any of the following substances except those narcotic drugs
listed in other schedules whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently by
means of chemical synthesis, or by combination of extraction and
chemical synthesis:
1. Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate;
2. Any salt, compound, isomer, derivative, or preparation
thereof which is chemically equivalent or identical with any of the
substances referred to in paragraph 1 of this subsection, but not
including the isoquinoline alkaloids of opium;
3. Opium poppy and poppy straw; or
4. Coca leaves except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine or their
salts have been removed; cocaine, its salts, optical and geometric
isomers, and salts of isomers; ecgonine, its derivatives, their
salts, isomers and salts of isomers; or any compound, mixture or
preparation which contains any quantity of any of the substances
referred to in this paragraph. Ioflupane is excluded from this
paragraph.
B. Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters and ethers, when
the existence of these isomers, esters, ethers, and salts is
possible within the specific chemical designation:
1. Alphaprodine;
2. Anileridine;
3. Bezitramide;
4. Dihydrocodeine;
5. Diphenoxylate;
6. Fentanyl;
7. Hydromorphone;
8. Isomethadone;
9. Levomethorphan;
Oklahoma Statutes - Title 63. Public Health and Safety Page 923
10. Levorphanol;
11. Metazocine;
12. Methadone;
13. Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-
diphenyl butane;
14. Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-
diphenyl-propane-carboxylic acid;
15. Oxycodone;
16. Oxymorphone;
17. Pethidine (Meperidine);
18. Pethidine - Intermediate - A, 4-cyano-1-methyl-4-
phenylpiperidine;
19. Pethidine - Intermediate - B, ethyl-4-phenylpiperidine-4-
carboxylate;
20. Pethidine - Intermediate - C, 1-methyl-4-phenylpiperidine-
4-carboxylic acid;
21. Phenazocine;
22. Piminodine;
23. Racemethorphan;
24. Racemorphan;
25. Etorphine Hydrochloride salt only;
26. Alfentanil hydrochloride;
27. Levo-alphacetylmethadol;
28. Codeine;
29. Hydrocodone;
30. Morphine;
31. Remifentanil;
32. Sufentanil;
33. Tapentadol; or
34. Tianeptine.
C. Any substance which contains any quantity of:
1. Methamphetamine, including its salts, isomers, and salts of
isomers;
2. Amphetamine, its salts, optical isomers, and salts of its
optical isomers;
3. Nabilone; or
4. Lisdexamfetamine.
D. Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation, which
contains any quantity of the following substances having stimulant
or depressant effect on the central nervous system:
1. Phenmetrazine and its salts;
2. Methylphenidate, including its salts, isomers and salts of
isomers;
3. Amobarbital;
4. Pentobarbital;
5. Secobarbital; or
Oklahoma Statutes - Title 63. Public Health and Safety Page 924
6. Ethylphenidate.
Added by Laws 1971, c. 119, § 2-206, operative Sept. 1, 1971.
Amended by Laws 1972, c. 229, § 2, emerg. eff. April 7, 1972; Laws
1976, c. 291, § 2, emerg. eff. June 17, 1976; Laws 1984, c. 127, §
2, eff. Nov. 1, 1984; Laws 1987, c. 138, § 4, emerg. eff. June 19,
1987; Laws 1988, c. 43, § 2, operative June 1, 1988; Laws 1990, c.
220, § 1, eff. Sept. 1, 1990; Laws 1994, c. 140, § 2, eff. Sept. 1,
1994; Laws 2005, c. 283, § 2, eff. Nov. 1, 2005; Laws 2007, c. 248,
§ 2, emerg. eff. June 4, 2007; Laws 2008, c. 332, § 2, eff. Nov. 1,
2008; Laws 2011, c. 239, § 3, eff. Nov. 1, 2011; Laws 2013, c. 181,
§ 2, eff. Nov. 1, 2013; Laws 2014, c. 154, § 3, eff. Nov. 1, 2014;
Laws 2017, c. 390, § 3, emerg. eff. June 6, 2017; Laws 2018, c. 33,
§ 1, eff. Nov. 1, 2018; Laws 2019, c. 207, § 2, eff. Nov. 1, 2019.
§63-2-207. Schedule III characteristics.
Schedule III includes substances with the following
characteristics:
1. A potential for abuse less than the substances listed in
Schedules I and II;
2. Currently accepted medical use in treatment in the United
States; and
3. Abuse may lead to moderate or low physical dependence or
high psychological dependence.
Added by Laws 1971, c. 119, § 2-207, operative Sept. 1, 1971.
§63-2-208. Schedule III.
The controlled substances listed in this section are included in
Schedule III.
A. Unless listed in another schedule, any material, compound,
mixture, or preparation, which contains any quantity of the
following substances or any other substance having a potential for
abuse associated with a stimulant or depressant effect on the
central nervous system:
1. Any drug product containing gamma-hydroxybutyric acid,
including its salts, isomers, and salts of isomers, for which an
application has been approved under Section 505 of the Federal Food,
Drug, and Cosmetic Act;
2. Any material, compound, mixture, or preparation which
contains any quantity of the following hormonal substances or
steroids, including their salts, isomers, esters and salts of
isomers and esters, when the existence of these salts, isomers,
esters, and salts of isomers and esters is possible within the
specific chemical designation:
a. Boldenone,
b. Chlorotestosterone,
c. Clostebol,
d. Dehydrochlormethyltestosterone,
Oklahoma Statutes - Title 63. Public Health and Safety Page 925
e. Dihydrotestosterone,
f. Drostanolone,
g. Ethylestrenol,
h. Fluoxymesterone,
i. Formebolone,
j. Mesterolone,
k. Methandienone,
l. Methandranone,
m. Methandriol,
n. Methandrostenolone,
o. Methenolone,
p. Methyltestosterone, except as provided in subsection E
of this section,
q. Mibolerone,
r. Nandrolone,
s. Norethandrolone,
t. Oxandrolone,
u. Oxymesterone,
v. Oxymetholone,
w. Stanolone,
x. Stanozolol,
y. Testolactone,
z. Testosterone, except as provided in subsection E of
this section, and
aa. Trenbolone;
3. Any substance which contains any quantity of a derivative of
barbituric acid, or any salt of a derivative of barbituric acid;
4. Benzephetamine and its salts;
5. Buprenorphine;
6. Butalbital/acetaminophen/caffeine;
7. Chlorhexadol;
8. Chlorphentermine and its salts;
9. Clortermine;
10. Glutethimide;
11. Ketamine, its salts, isomers, and salts of isomers;
12. Lysergic acid;
13. Lysergic acid amide;
14. Mazindol;
15. Methyprylon;
16. Phendimetrazine;
17. Phenylacetone (P2P);
18. Sulfondiethylmethane;
19. Sulfonethylmethane;
20. Sulfonmethane;
21. Tetrahydrocannibinols;
22. 1-Phenycyclohexylamine; or
23. 1-Piperidinocychexanecarbo nitrile (PCC).
Oklahoma Statutes - Title 63. Public Health and Safety Page 926
Livestock implants as regulated by the Federal Food and Drug
Administration shall be exempt.
B. Nalorphine.
C. Unless listed in another schedule, any material, compound,
mixture, or preparation containing limited quantities of any of the
following narcotic drugs, or any salts thereof:
1. Not more than one and eight-tenths (1.8) grams of codeine or
any of its salts, per one hundred (100) milliliters or not more than
ninety (90) milligrams per dosage unit, with an equal or greater
quantity of an isoquinoline alkaloid of opium;
2. Not more than one and eight-tenths (1.8) grams of codeine or
any of its salts, per one hundred (100) milliliters or not more than
ninety (90) milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts;
3. Not more than one and eight-tenths (1.8) grams of
dihydrocodeine or any of its salts, per one hundred (100)
milliliters or not more than ninety (90) milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
4. Not more than three hundred (300) milligrams of
ethylmorphine or any of its salts, per one hundred (100) milliliters
or not more than fifteen (15) milligrams per dosage unit, with one
or more ingredients in recognized therapeutic amounts;
5. Not more than five hundred (500) milligrams of opium per one
hundred (100) milliliters or per one hundred (100) grams, or not
more than twenty-five (25) milligrams per dosage unit, with one or
more active, nonnarcotic ingredients in recognized therapeutic
amounts; or
6. Not more than fifty (50) milligrams of morphine or any of
its salts, per one hundred (100) milliliters or per one hundred
(100) grams with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
D. The Board of Pharmacy may except by rule any compound,
mixture, or preparation containing any stimulant or depressant
substance listed in subsections A and B of this section from the
application of all or any part of the Uniform Controlled Dangerous
Substances Act if the compound, mixture, or preparation contains one
or more active medicinal ingredients not having a stimulant or
depressant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity,
proportion, or concentration that vitiate the potential for abuse of
the substances which have a stimulant or depressant effect on the
central nervous system.
E. The following hormonal substances or steroids are exempt
from classification as Schedule III controlled dangerous substances:
1. Estratest, containing 1.25 mg esterified estrogens and 2.5
mg methyltestosterone;
Oklahoma Statutes - Title 63. Public Health and Safety Page 927
2. Estratest HS, containing 0.625 mg esterified estrogens and
1.25 mg methyltestosterone;
3. Premarin with Methyltestosterone, containing 1.25 mg
conjugated estrogens and 10.0 mg methyltestosterone;
4. Premarin with Methyltestosterone, containing 0.625 mg
conjugated estrogens and 5.0 mg methyltestosterone;
5. Testosterone Cypionate - Estrodiol Cypionate injection,
containing 50 mg/ml Testosterone Cypionate; and
6. Testosterone Enanthate - Estradiol Valerate injection,
containing 90 mg/ml Testosterone Enanthate and 4 mg/ml Estradiol
Valerate.
Added by Laws 1971, c. 119, § 2-208, operative Sept. 1, 1971.
Amended by Laws 1972, c. 229, § 3, emerg. eff. April 7, 1972; Laws
1976, c. 291, § 3, emerg. eff. June 17, 1976; Laws 1984, c. 127, §
3, eff. Nov. 1, 1984; Laws 1991, c. 306, § 1, emerg. eff. June 4,
1991; Laws 1993, c. 22, § 1, emerg. eff. March 29, 1993; Laws 1995,
c. 54, § 3, eff. July 1, 1995; Laws 2001, c. 373, § 3, eff. July 1,
2001; Laws 2005, c. 283, § 3, eff. Nov. 1, 2005; Laws 2011, c. 239,
§ 4, eff. Nov. 1, 2011; Laws 2012, c. 80, § 3, eff. Nov. 1, 2012;
Laws 2015, c. 305, § 4.
§63-2-209. Schedule IV characteristics.
Schedule IV includes substances with the following
characteristics:
1. Low potential for abuse relative to substances listed in
Schedule III;
2. Currently accepted medical use in treatment in use in the
United States; and
3. Abuse of the substance may lead to limited physical
dependence or psychological dependence relative to the substances
listed in Schedule III.
Added by Laws 1971, c. 119, § 2-209, operative Sept. 1, 1971.
§63-2-210. Schedule IV.
A. Any material, compound, mixture, or preparation which
contains any quantity of the following substances having a potential
for abuse associated with a stimulant or depressant effect on the
central nervous system:
1. Chloral betaine;
2. Chloral hydrate;
3. Ethchlorvynol;
4. Ethinamate;
5. Meprobamate;
6. Paraldehyde;
7. Petrichloral;
8. Diethylpropion;
9. Phentermine;
Oklahoma Statutes - Title 63. Public Health and Safety Page 928
10. Pemoline;
11. Chlordiazepoxide;
12. Chlordiazepoxide and its salts, but not including
chlordiazepoxide hydrochloride and clidinium bromide or
chlordiazepoxide and water-soluble esterified estrogens;
13. Diazepam;
14. Oxazepam;
15. Clorazepate;
16. Flurazepam and its salts;
17. Clonazepam;
18. Barbital;
19. Mebutamate;
20. Methohexital;
21. Methylphenobarbital;
22. Phenobarbital;
23. Fenfluramine;
24. Pentazocine;
25. Propoxyphene;
26. Butorphanol;
27. Alprazolam;
28. Halazepam;
29. Lorazepam;
30. Prazepam;
31. Temazepam;
32. Triazolam;
33. Carisoprodol;
34. Dichloralphenazone;
35. Estazolam;
36. Eszopiclone;
37. Midazolam;
38. Modafinil;
39. Zaleplon;
40. Zolpidem;
41. Tramadol;
42. Bromazepam;
43. Suvorexant;
44. Phenazepam;
45. Etizolam; or
46. Clonazolam.
B. 1. The following nonnarcotic substances, which may, under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C., Section 301),
be lawfully sold over the counter without a prescription, are
excluded from all schedules of controlled substances under this
title:
a. Breathe-Aid,
b. BronCare,
c. Bronchial Congestion,
Oklahoma Statutes - Title 63. Public Health and Safety Page 929
d. Bronkaid Tablets,
e. Bronkaid Dual Action Caplets,
f. Bronkotabs,
g. Bronkolixir,
h. NeoRespin,
i. Pazo Hemorrhoid Ointment and Suppositories,
j. Primatene Tablets,
k. Primatene "Dual Action" Formula,
l. Quelidrine,
m. Resp, and
n. Vatronal Nose Drops.
2. At the request of any person, the Director may exempt any
other drug product containing ephedrine from being included as a
Schedule IV controlled substance if such product:
a. is labeled and marketed in a manner consistent with
the pertinent OTC tentative final or final monograph
issued by the FDA, and
b. is manufactured and distributed for legitimate
medicinal use and in a manner that reduces or
eliminates the likelihood of abuse.
3. In making a determination regarding a drug product, the
Director, after notice and hearing, shall consider the following:
a. the history and current pattern of abuse,
b. the name and labeling of the product,
c. the intended manner of distribution, advertising and
promotion of the product, and
d. other factors as may be relevant to and consistent
with the public health and safety.
4. The hearing shall be held in accordance with the
Administrative Procedures Act.
5. A list of current drug products meeting exemption
requirements under this subsection may be obtained from the Bureau
upon written request.
C. The Board of Pharmacy may except by rule any compound,
mixture, or preparation containing any depressant substance listed
in subsection A of this section from the application of all or any
part of the Uniform Controlled Dangerous Substances Act, Section 2-
101 et seq. of this title, if the compound, mixture, or preparation
contains one or more active medicinal ingredients not having a
depressant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity,
proportion, or concentration that vitiate the potential for abuse of
the substances which have a depressant effect on the central nervous
system.
Added by Laws 1971, c. 119, § 2-210, operative Sept. 1, 1971.
Amended by Laws 1976, c. 291, § 4, emerg. eff. June 17, 1976; Laws
1978, c. 171, § 1, eff. Jan. 1, 1979; Laws 1984, c. 127, § 4, eff.
Oklahoma Statutes - Title 63. Public Health and Safety Page 930
Nov. 1, 1984; Laws 1990, c. 271, § 2, operative July 1, 1990; Laws
1991, c. 306, § 2, emerg. eff. June 4, 1991; Laws 1995, c. 147, § 1,
eff. Nov. 1, 1995; Laws 1996, c. 306, § 3, emerg. eff. June 10,
1996; Laws 2002, c. 52, § 1, eff. Nov. 1, 2002; Laws 2007, c. 248, §
3, emerg. eff. June 4, 2007; Laws 2011, c. 239, § 5, eff. Nov. 1,
2011; Laws 2012, c. 80, § 4, eff. Nov. 1, 2012; Laws 2013, c. 181, §
3, eff. Nov. 1, 2013; Laws 2014, c. 154, § 4, eff. Nov. 1, 2014;
Laws 2015, c. 305, § 5; Laws 2017, c. 390, § 4, emerg. eff. June 6,
2017.
§63-2-211. Schedule V characteristics.
Schedule V includes substances with the following
characteristics:
1. Low potential for abuse relative to the controlled
substances listed in Schedule IV;
2. Currently accepted medical use in treatment in the United
States; and
3. Limited physical dependence or psychological dependence
liability relative to the controlled substances listed in Schedule
IV.
Added by Laws 1971, c. 119, § 2-211, operative Sept. 1, 1971.
§63-2-212. Schedule V.
A. The controlled substances listed in this section are
included in Schedule V.
1. Any compound, mixture, or preparation containing limited
quantities of any of the following narcotic drugs, which also
contains one or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture, or
preparation, valuable medicinal qualities other than those possessed
by the narcotic drug alone:
a. not more than two hundred (200) milligrams of codeine,
or any of its salts, per one hundred (100) milliliters
or per one hundred (100) grams,
b. not more than one hundred (100) milligrams of
dihydrocodeine, or any of its salts, per one hundred
(100) milliliters or per one hundred (100) grams,
c. not more than one hundred (100) milligrams of
ethylmorphine, or any of its salts, per one hundred
(100) milliliters or per one hundred (100) grams,
d. not more than two and five-tenths (2.5) milligrams of
diphenoxylate and not less than twenty-five (25)
micrograms of atropine sulfate per dosage unit, or
e. not more than one hundred (100) milligrams of opium
per one hundred (100) milliliters or per one hundred
(100) grams.
Oklahoma Statutes - Title 63. Public Health and Safety Page 931
2. Any compound, mixture, or preparation containing any
detectable quantity of base pseudoephedrine or ephedrine, its salts
or optical isomers, or salts of optical isomers. If any compound,
mixture, or preparation as specified in this paragraph is dispensed,
sold, or distributed in a pharmacy:
a. it shall be dispensed, sold, or distributed only by,
or under the supervision of, a licensed pharmacist or
a registered pharmacy technician,
b. a service charge not to exceed the purchase price of
the product, mixture or preparation may be assessed
and collected by the licensed pharmacist or registered
pharmacy technician at the point of sale from the
person seeking to purchase, receive or otherwise
acquire a pseudoephedrine product or products. Upon
receipt of payment of the service charge, the licensed
pharmacist or registered pharmacy technician shall
access the methamphetamine offender registry and
verify whether the person is an individual who is
listed on the methamphetamine offender registry. Upon
verification that the person is an individual who is
not listed on the methamphetamine offender registry,
the service charge shall be deducted from the total
purchase price of the pseudoephedrine product or
products. Upon verification that the person is an
individual who is listed on the methamphetamine
offender registry, the person shall be prohibited from
purchasing the pseudoephedrine product or products and
shall be required to forfeit the service charge
previously collected by the licensed pharmacist or
registered pharmacy technician. Any pharmacy that
requires the assessment and collection of a service
charge for pseudoephedrine products shall post a clear
and conspicuous sign at each public entrance to the
place of business and at each register within the
pharmacy that provides notice to customers of the
pharmacy that a service charge shall be assessed and
collected for pseudoephedrine products and, upon
verification that the person is listed on the
methamphetamine offender registry, the service charge
shall be forfeited and retained by the pharmacy, and
c. any person who is not an individual listed on the
methamphetamine offender registry that is purchasing,
receiving, or otherwise acquiring any compound,
mixture, or preparation shall produce a driver
license, passport, military identification, or other
state-issued identification card and shall sign a
written or electronic log, receipt, or other program
Oklahoma Statutes - Title 63. Public Health and Safety Page 932
or mechanism approved by the Oklahoma Bureau of
Narcotics and Dangerous Drugs Control, showing:
(1) the date and time of the transaction,
(2) name, address and date of birth of the purchaser,
(3) driver license number, passport, military
identification, or state-issued identification
number and state of residence of the purchaser,
(4) name and initials of the pharmacist or pharmacy
technician conducting the transaction,
(5) the product being sold,
(6) total quantity, in grams, of base pseudoephedrine
or ephedrine purchased, and
(7) attestation by the person receiving the compound,
mixture or preparation that the person is not
subject to the Methamphetamine Offender Registry
Act.
No person shall purchase, receive, or otherwise acquire more
than three and six-tenths (3.6) grams of any product, mixture, or
preparation per day or more than seven and two-tenths (7.2) grams of
any product, mixture, or preparation within any thirty-day period,
or sixty (60) grams of any product, mixture, or preparation within a
twelve-month period. Once a person has purchased, received or
otherwise acquired the daily limit of three and six-tenths (3.6)
grams of any product, mixture or preparation, the person shall be
prohibited from purchasing, receiving or otherwise acquiring any
additional product, mixture or preparation containing any detectable
quantity of base pseudoephedrine or ephedrine for a period of not
less than seventy-two (72) hours following the last permitted
purchase. The requirements of this paragraph shall not apply to any
quantity of such product, mixture or preparation dispensed pursuant
to a valid prescription. There shall be no protocol or procedure
mandated by any individual or corporate entity that interferes with
the professional duty of a pharmacist to counsel and evaluate the
appropriate pharmaceutical needs of a patient and the exercise of
the professional judgment of a pharmacist as to whether it is
appropriate to dispense medication as set forth in this paragraph or
otherwise.
3. Any compound, mixture, or preparation containing any
detectable quantity of pregabalin.
B. The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, by rule, may exempt other products from
this Schedule which the Director finds are not used in the illegal
manufacture of methamphetamine or other controlled dangerous
substances. A manufacturer of a drug product may apply for removal
of the product from the Schedule if the product is determined by the
Director to have been formulated in such a way as to effectively
Oklahoma Statutes - Title 63. Public Health and Safety Page 933
prevent the conversion of the active ingredient into
methamphetamine.
Added by Laws 1971, c. 119, § 2-212, operative Sept. 1, 1971.
Amended by Laws 1994, c. 140, § 3, eff. Sept. 1, 1994; Laws 1995, c.
147, § 2, eff. Nov. 1, 1995; Laws 2004, c. 59, § 3, emerg. eff.
April 6, 2004; Laws 2004, c. 300, § 9, emerg. eff. May 12, 2004;
Laws 2005, c. 128, § 2, eff. Nov. 1, 2005; Laws 2010, c. 458, § 4,
eff. Nov. 1, 2010; Laws 2011, c. 239, § 6, eff. Nov. 1, 2011; Laws
2012, c. 206, § 2, eff. July 1, 2012; Laws 2013, c. 181, § 4, eff.
Nov. 1, 2013.
§63-2-301. Rules and regulations.
A. The Director is authorized to promulgate rules and
regulations relating to the registration and control of the
manufacture, distribution, dispensing, prescribing, administering or
use for scientific purposes of controlled dangerous substances
within this state. All proceedings before the Director shall be
governed by the Administrative Procedures Act.
B. The Director shall promulgate rules relating to the
training, certification and registration of animal control officers
for the purpose of authorizing such individuals to purchase, possess
and administer controlled dangerous substances for animal control
within this state and operating under the parameters of Sections 501
through 508 of Title 4 of the Oklahoma Statutes. In promulgating
such rules, the Director shall cooperate with any federal, state or
local entity with jurisdiction over the euthanasia of animals.
Added by Laws 1971, c. 119, § 2-301, operative Sept. 1, 1971.
Amended by Laws 2003, c. 338, § 3, eff. Nov. 1, 2003; Laws 2008, c.
359, § 7, emerg. eff. June 3, 2008.
§63-2-302. Registration requirements.
A. Every person who manufactures, distributes, dispenses,
prescribes, administers or uses for scientific purposes any
controlled dangerous substance within or into this state, or who
proposes to engage in the manufacture, distribution, dispensing,
prescribing, administering or use for scientific purposes of any
controlled dangerous substance within or into this state shall
obtain a registration issued by the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, in accordance with
rules promulgated by the Director. Persons registered by the
Director under Section 2-101 et seq. of this title to manufacture,
distribute, dispense or conduct research with controlled dangerous
substances may possess, manufacture, distribute, dispense or conduct
research with those substances to the extent authorized by their
registration and in conformity with the other provisions of the
Uniform Controlled Dangerous Substances Act. Every wholesaler,
manufacturer or distributor of any drug product containing
Oklahoma Statutes - Title 63. Public Health and Safety Page 934
pseudoephedrine or phenylpropanolamine, or their salts, isomers or
salts of isomers, shall obtain a registration issued by the Director
of the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control in accordance with rules promulgated by the Director and as
provided for in Section 2-332 of this title. Any person who
manufactures, distributes, dispenses, prescribes, administers or
uses for scientific purposes any controlled dangerous substances
within or into this state without first obtaining a registration
issued by the Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control shall be subject to the same statutory and
administrative jurisdiction of the Director as if that person were
an applicant or registrant.
B. Out-of-state pharmaceutical suppliers who provide controlled
dangerous substances to individuals within this state shall obtain a
registration issued by the Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, in accordance with rules
promulgated by the Director. This provision shall also apply to
wholesale distributors who distribute controlled dangerous
substances to pharmacies or other entities registered within this
state in accordance with rules promulgated by the Director.
C. Every person who owns in whole or in part a public or
private medical facility for which a majority of patients are issued
on a reoccurring monthly basis a prescription for opioids,
benzodiazepines, barbiturates or carisoprodol, but not including
buprenorphine with naloxone or buprenorphine as used for medication-
assisted treatment services, shall obtain a registration issued by
the Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control.
D. Every manufacturer and distributor required to register
under the provisions of this section shall provide all data required
pursuant to 21 U.S.C., Section 827(d)(1) on a monthly basis to the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
Controlled dangerous substances in Schedule I shall be reported in
accordance with rules promulgated by the Director. Reporting of
controlled dangerous substances pursuant to 21 U.S.C., Section
827(d)(1) shall include, but not be limited to:
1. The manufacturer’s or distributor’s name, address, phone
number, DEA registration number and controlled dangerous substance
registration number issued by the Bureau;
2. The name, address and DEA registration number of the entity
to whom the controlled dangerous substance was sold;
3. The date of the sale of the controlled dangerous substance;
4. The name and National Drug Code of the controlled dangerous
substance sold; and
5. The number of containers and the strength and quantity of
controlled dangerous substances in each container sold.
Oklahoma Statutes - Title 63. Public Health and Safety Page 935
E. The information maintained and provided pursuant to
subsection D of this section shall be confidential and not open to
the public. Access to the information shall, at the discretion of
the Director, be limited to:
1. Peace officers certified pursuant to the provisions of
Section 3311 of Title 70 of the Oklahoma Statutes who are employed
as investigative agents of the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control or the Office of the Attorney General;
2. The United States Drug Enforcement Administration Diversion
Group Supervisor; and
3. A multicounty grand jury properly convened pursuant to the
provisions of the Multicounty Grand Jury Act.
F. Manufacturers, distributors, home care agencies, hospices,
home care services, medical facility owners referred to in
subsection C of this section and scientific researchers shall obtain
a registration annually. Other practitioners shall obtain a
registration for a period to be determined by the Director that will
be for a period not less than one (1) year nor more than three (3)
years.
G. Every trainer or handler of a canine controlled dangerous
substances detector who, in the ordinary course of such trainer’s or
handler’s profession, desires to possess any controlled dangerous
substance, annually, shall obtain a registration issued by the
Director for a fee of Seventy Dollars ($70.00). Such persons shall
be subject to all applicable provisions of Section 2-101 et seq. of
this title and such applicable rules promulgated by the Director for
those individuals identified in subparagraph a of paragraph 32 of
Section 2-101 of this title. Persons registered by the Director
pursuant to this subsection may possess controlled dangerous
substances to the extent authorized by their registration and in
conformity with the other provisions of the Uniform Controlled
Dangerous Substances Act.
H. The following persons shall not be required to register and
may lawfully possess controlled dangerous substances under the
provisions of Section 2-101 et seq. of this title:
1. An agent, or an employee thereof, of any registered
manufacturer, distributor, dispenser or user for scientific purposes
of any controlled dangerous substance, if such agent is acting in
the usual course of such agent’s or employee’s business or
employment;
2. Any person lawfully acting under the direction of a person
authorized to administer controlled dangerous substances under
Section 2-312 of this title;
3. A common or contract carrier or warehouser, or an employee
thereof, whose possession of any controlled dangerous substance is
in the usual course of such carrier’s or warehouser’s business or
employment;
Oklahoma Statutes - Title 63. Public Health and Safety Page 936
4. An ultimate user or a person in possession of any controlled
dangerous substance pursuant to a lawful order of a practitioner;
5. An individual pharmacist acting in the usual course of such
pharmacist’s employment with a pharmacy registered pursuant to the
provisions of Section 2-101 et seq. of this title;
6. A nursing home licensed by this state;
7. Any Department of Mental Health and Substance Abuse Services
employee or any person whose facility contracts with the Department
of Mental Health and Substance Abuse Services whose possession of
any dangerous drug, as defined in Section 353.1 of Title 59 of the
Oklahoma Statutes, is for the purpose of delivery of a mental health
consumer’s medicine to the consumer’s home or residence;
8. Registered nurses and licensed practical nurses; and
9. An assisted living facility licensed by this state.
I. The Director may, by rule, waive the requirement for
registration or fee for registration of certain manufacturers,
distributors, dispensers, prescribers, administrators or users for
scientific purposes if the Director finds it consistent with the
public health and safety.
J. A separate registration shall be required at each principal
place of business or professional practice where the applicant
manufactures, distributes, dispenses, prescribes, administers or
uses for scientific purposes controlled dangerous substances.
K. The Director is authorized to inspect the establishment of a
registrant or applicant for registration in accordance with rules
promulgated by the Director.
L. No person engaged in a profession or occupation for which a
license to engage in such activity is provided by law shall be
registered under the Uniform Controlled Dangerous Substances Act
unless such person holds a valid license of such person’s profession
or occupation.
M. Registrations shall be issued on the first day of November
of each year and shall expire annually. Registrations may be issued
at other times, however, upon certification of the professional
licensing board. Registration applications shall be required
annually thereafter.
N. The licensing boards of all professions and occupations to
which the use of controlled dangerous substances is incidental shall
furnish a current list to the Director, not later than the first day
of October of each year, of the persons holding valid licenses. All
such persons except persons exempt from registration requirements
under subsection H of this section shall be subject to the
registration requirements of Section 2-101 et seq. of this title.
O. The licensing board of any professional defined as a mid-
level practitioner shall notify and furnish to the Director, not
later than the first day of October of each year, that such
professional holds a valid license, a current listing of individuals
Oklahoma Statutes - Title 63. Public Health and Safety Page 937
licensed and registered with their respective boards to prescribe,
order, select, obtain and administer controlled dangerous
substances. The licensing board shall immediately notify the
Director of any action subsequently taken against any such
individual.
P. Beginning November 1, 2010, each registrant that prescribes,
administers or dispenses methadone shall be required to check the
prescription profile of the patient on the central repository of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
Q. All legal entities applying for or approved for registration
shall disclose to the Director all beneficial owners of the legal
entity. Publicly traded entities shall be exempt from full
disclosure; provided that, the publicly traded entity discloses to
the Director all beneficial owners who exercise authority or control
over controlled dangerous substances at each registered location.
R. No registration, or any authority conferred thereby, shall
be leased, assigned, or otherwise transferred. No registration
shall be transferrable on change of ownership or business activity.
Added by Laws 1971, c. 119, § 2-302, operative Sept. 1, 1971.
Amended by Laws 1972, c. 43, § 1, emerg. eff. March 9, 1972; Laws
1987, c. 138, § 5, emerg. eff. June 19, 1987; Laws 1990, c. 232, §
4, emerg. eff. May 18, 1990; Laws 1991, c. 306, § 3, emerg. eff.
June 4, 1991; Laws 1996, c. 306, § 4, emerg. eff. June 10, 1996;
Laws 1997, c. 250, § 11, eff. Nov. 1, 1997; Laws 1998, c. 142, § 1,
eff. July 1, 1998; Laws 2003, c. 226, § 1; Laws 2004, c. 5, § 59,
emerg. eff. March 1, 2004; Laws 2005, c. 40, § 2, eff. July 1, 2005;
Laws 2010, c. 323, § 2, eff. Nov. 1, 2010; Laws 2018, c. 251, § 1,
eff. Nov. 1, 2018; Laws 2019, c. 25, § 36, emerg. eff. April 4,
2019; Laws 2020, c. 161, § 57, emerg. eff. May 21, 2020; Laws 2021,
c. 553, § 29, eff. Nov. 1, 2021; Laws 2023, c. 103, § 1, eff. Nov.
1, 2023; Laws 2024, c. 328, § 1, eff. Nov. 1, 2024.
NOTE: Laws 2003, c. 133, § 1 repealed by Laws 2004, c. 5, § 60,
emerg. eff. March 1, 2004. Laws 2018, c. 250, § 1 repealed by Laws
2019, c. 25, § 37, emerg. eff. April 4, 2019. Laws 2019, c. 428, §
17 repealed by Laws 2020, c. 161, § 58, emerg. eff. May 21, 2020.
§63-2-303. Registration.
A. The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control shall register an applicant to own a medical
facility as described in subsection C of Section 2-302 of this
title, or to manufacture, distribute, dispense, prescribe,
administer or use for scientific purposes controlled dangerous
substances included in Schedules I through V of Section 2-101 et
seq. of this title unless the Director determines that the issuance
of such registration is inconsistent with the public interest. In
determining the public interest, the following factors shall be
considered:
Oklahoma Statutes - Title 63. Public Health and Safety Page 938
1. Maintenance of effective controls against diversion of
particular controlled dangerous substances and any Schedule I or II
substance compounded therefrom into other than legitimate medical,
scientific or industrial channels including examination of the
fitness of his or her employees or agents to handle dangerous
substances;
2. Compliance with applicable state and local law;
3. Has been found guilty of, entered a plea of guilty or nolo
contendere to a charge under the Uniform Controlled Dangerous
Substances Act or any other state or federal law relating to any
substance defined herein as a controlled dangerous substance or any
felony under the laws of any state or the United States;
4. Furnishing by the applicant false or fraudulent material
information in any application filed under Section 2-101 et seq. of
this title;
5. Past experience in the manufacture, distribution,
dispensing, prescribing, administering or use for scientific
purposes of controlled dangerous substances, and the existence in
the establishment of effective controls against diversion;
6. Denial, suspension or revocation of the applicant’s federal
registration to manufacture, distribute or dispense controlled
dangerous substances as authorized by federal law; and
7. Such other factors as may be relevant to and consistent with
the public health and safety.
Nothing herein shall be deemed to require individual licensed
pharmacists to register under the provisions of the Uniform
Controlled Dangerous Substances Act.
B. Registration granted under subsection A of this section
shall not entitle a registrant to manufacture, distribute, dispense,
prescribe, administer or use for scientific purposes controlled
dangerous substances in Schedule I or II other than those specified
in the registration.
C. Practitioners shall be registered to dispense, prescribe,
administer or use for scientific purposes substances in Schedules II
through V if they are authorized to carry on their respective
activities under the laws of this state. A registration application
by a practitioner who wishes to conduct research with Schedule I
substances shall be accompanied by evidence of the applicant’s
federal registration to conduct such activity and shall be referred
to the Medical Research Commission for advice. The Medical Research
Commission shall promptly advise the Director concerning the
qualifications of each practitioner requesting such registration.
Registration for the purpose of bona fide research or of use for
scientific purposes with Schedule I substances by a practitioner
deemed qualified by the Medical Research Commission may be denied
only on a ground specified in subsection A of Section 2-304 of this
title or if there are reasonable grounds to believe that the
Oklahoma Statutes - Title 63. Public Health and Safety Page 939
applicant will abuse or unlawfully transfer such substances or fail
to safeguard adequately such applicant’s supply of such substances
against diversion from legitimate medical or scientific use.
D. Fees for registration under this section shall be as
follows:
Practitioners and mid-level
practitioners $140.00 per year
of registration
Home Care Agencies, Hospices &
Home Care Services $140.00 annually
Medical Facility Owners $300.00 annually
Distributors $300.00 annually
Manufacturers $2,500.00 annually
Manufacturer, Wholesaler, or
Distributor of drug products
containing pseudoephedrine
or phenylpropanolamine $300.00 annually
E. Compliance by manufacturers and distributors with the
provisions of the federal Controlled Substances Act, 21 U.S.C.,
Section 801 et seq., respecting registration, excluding fees, shall
be deemed sufficient to qualify for registration under Section 2-101
et seq. of this title.
F. Applications for renewal of registration shall open on the
first day of July annually. Applications for renewal shall be
considered timely if submitted by the first day of September
annually. Registrations not renewed by the final day of any
calendar year in which the registration was issued shall be
ineligible for renewal and shall require a new registration upon
return to the Bureau. With notice provided prior to expiration, the
Director may waive the requirement of a new registration pursuant to
promulgated rules. New applications with substantive changes to the
original registration shall not be considered a transfer of any
activity of a continuing nature.
Added by Laws 1971, c. 119, § 2-303, operative Sept. 1, 1971.
Amended by Laws 1982, c. 120, § 1, emerg. eff. April 6, 1982; Laws
1984, c. 299, § 5, operative July 1, 1984; Laws 1987, c. 138, § 6,
emerg. eff. June 19, 1987; Laws 1990, c. 232, § 5, emerg. eff. May
18, 1990; Laws 1991, c. 306, § 4, emerg. eff. June 4, 1991; Laws
1996, c. 306, § 5, emerg. eff. June 10, 1996; Laws 1997, c. 250, §
12, eff. Nov. 1, 1997; Laws 2003, c. 226, § 2; Laws 2004, c. 5, §
61, emerg. eff. March 1, 2004; Laws 2008, c. 273, § 1, eff. Nov. 1,
2008; Laws 2009, c. 445, § 2, eff. July 1, 2009; Laws 2018, c. 250,
§ 2, eff. Nov. 1, 2018; Laws 2023, 1st Ex. Sess., c. 31, § 1, emerg.
eff. June 2, 2023; Laws 2024, c. 328, § 2, eff. Nov. 1, 2024.
NOTE: Laws 2003, c. 133, § 2 repealed by Laws 2004, c. 5, § 62,
emerg. eff. March 1, 2004.
Oklahoma Statutes - Title 63. Public Health and Safety Page 940
§63-2-304. Denial, revocation, annulment, or suspension of
registration.
A. A registration, pursuant to Section 2-303 of this title, to
manufacture, distribute, dispense, prescribe, administer or use for
scientific purposes a controlled dangerous substance shall be
limited, conditioned, denied, suspended, annulled, or revoked by the
Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control upon a finding that the registrant or applicant:
1. Has materially falsified any application filed pursuant to
the Uniform Controlled Dangerous Substances Act or required by the
Uniform Controlled Dangerous Substances Act. It shall be unlawful
to knowingly or intentionally:
a. make false statements, include false data or omit
material information on an application for a
registration with the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, or
b. provide false data or omit material information in any
records or reports required by rule or law to be
created, maintained or submitted to the Bureau;
2. Has been found guilty of, entered a plea of guilty or
entered a plea of nolo contendere to a misdemeanor relating to any
substance defined herein as a controlled dangerous substance or any
felony under the laws of any state or the United States;
3. Has had his or her federal registration retired, suspended
or revoked by a competent federal authority and is no longer
authorized by federal law to manufacture, distribute, dispense,
prescribe, administer or use for scientific purposes controlled
dangerous substances;
4. Has failed to maintain effective controls against the
diversion of controlled dangerous substances to unauthorized persons
or entities;
5. Has prescribed, dispensed or administered a controlled
dangerous substance from schedules other than those specified in his
or her state or federal registration;
6. Has had a restriction, suspension, revocation, limitation,
condition or probation placed on his or her professional license or
certificate or practice as a result of a proceeding pursuant to the
general statutes;
7. Is abusing or, within the past five (5) years, has abused or
excessively used drugs or controlled dangerous substances;
8. Has prescribed, sold, administered or ordered any controlled
dangerous substance for an immediate family member, himself or
herself; provided that this shall not apply to a medical emergency
when no other doctor is available to respond to the emergency;
9. Has possessed, used, prescribed, dispensed or administered
drugs or controlled dangerous substances for other than legitimate
Oklahoma Statutes - Title 63. Public Health and Safety Page 941
medical or scientific purposes or for purposes outside the normal
course of his or her professional practice;
10. Has been under the influence of alcohol or another
intoxicating substance which adversely affected the central nervous
system, vision, hearing or other sensory or motor functioning to
such degree the person was impaired during the performance of his or
her job; or
11. Has violated any federal law relating to any controlled
dangerous substances, any provision of the Uniform Controlled
Dangerous Substances Act or any rules of the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control.
B. In the event the Director suspends or revokes a registration
granted under Section 2-303 of this title, all controlled dangerous
substances owned or possessed by the registrant pursuant to such
registration at the time of revocation or suspension or the
effective date of the revocation order, as the case may be, may in
the discretion of the Director be impounded and preserved. All
controlled dangerous substances not impounded or preserved by the
Director shall be maintained by the registrant. Upon issuance of a
revocation order, no disposition, purchase, distribution, sale, or
transfer may be made of controlled dangerous substances until the
time for taking an appeal has elapsed or until all appeals have been
concluded unless a court, upon application therefor, orders the sale
of perishable substances and the deposit of the proceeds of the sale
with the court to be distributed to the prevailing party. Upon a
revocation order becoming final, all such controlled dangerous
substances shall be forfeited to the state or otherwise submitted
for destruction in accordance with applicable law and by order of
the Director.
C. The Drug Enforcement Administration shall promptly be
notified of all orders suspending or revoking registration and all
forfeitures of controlled dangerous substances.
Added by Laws 1971, c. 119, § 2-304, operative Sept. 1, 1971.
Amended by Laws 1982, c. 120, § 2, emerg. eff. April 6, 1982; Laws
1993, c. 285, § 1, eff. Sept. 1, 1993; Laws 1996, c. 306, § 6,
emerg. eff. June 10, 1996; Laws 2015, c. 1, § 1, eff. Nov. 1, 2015;
Laws 2021, c. 553, § 30, eff. Nov. 1, 2021; Laws 2023, c. 375, § 3,
emerg. eff. June 9, 2023; Laws 2024, c. 308, § 4, emerg. eff. May
15, 2024.
§63-2-305. Written order specifying violations — Disciplinary
actions — Emergency actions — Administrative penalty.
A. In addition to any other remedies provided by law, the
Director shall issue a written order to show cause to be served on
the parties before annulling, conditioning, suspending or revoking
any registration that the Director has reason to believe is
operating inconsistent with any provision of Section 2-303 of this
Oklahoma Statutes - Title 63. Public Health and Safety Page 942
title, pursuant to Section 2-304 of this title or otherwise where
there has been a violation of any federal law, any rule or
regulation of the Drug Enforcement Administration, any provision of
the Uniform Controlled Dangerous Substances Act, or any rules or
regulations of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control.
B. The written order to show cause shall state with specificity
the nature of the violation or basis for the action. The Director
may impose any disciplinary action authorized by the Uniform
Controlled Dangerous Substances Act or rules of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control including, but not
limited to, the assessment of monetary penalties.
C. All alleged violations shall be deemed admitted unless the
registrant requests an administrative hearing in accordance with the
rules and regulations promulgated by the Director within thirty (30)
days of issuance of the order to show cause. Upon such request, the
Director shall promptly serve notice of the show cause hearing
pursuant to Section 309 of Title 75 of the Oklahoma Statutes. If a
registrant fails to request a hearing or fails to appear after
requesting a hearing, the Director shall issue a final order of the
matter by default. Nothing in this section shall be construed to
require an individual proceeding for the denial of a new application
for registration.
D. The Director may authorize the Deputy Director or the
General Counsel of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control to initiate any individual proceedings under
this title. Nothing in this section shall be construed so as to
delegate the authority of the Director to issue a final agency order
of an individual proceeding adverse to a party.
E. All proceedings shall be conducted in accordance with the
Administrative Procedures Act and the rules and regulations of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
except where more specific provisions of the Uniform Controlled
Dangerous Substances Act apply, without regard to any criminal
prosecution or other proceeding. Jurisdiction and venue for any
action related to a registration or an individual proceeding,
including any appeal thereof, shall solely exist in the district
court of Oklahoma County.
1. Proceedings to refuse renewal, revoke, or suspend a
registration shall not abate the existing registration which shall
remain in effect pending the outcome of those administrative
proceedings; provided, the registrant submits timely and sufficient
renewal applications annually. This abatement shall not apply when
the Director finds there is an imminent danger to the public health
or safety requiring an immediate suspension.
2. The Director may delegate to an administrative hearing
officer the authority to conduct hearings and recommend action for
Oklahoma Statutes - Title 63. Public Health and Safety Page 943
final agency orders in accordance with the rules and regulations of
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
3. Any requested subpoena or subpoena duces tecum may be
quashed or modified for grounds listed in Section 2004.1 of Title 12
of the Oklahoma Statutes or upon a finding from the Director or
hearing officer that the information or testimony being sought is
not both necessary and proper to adjudication of the issues
identified in the order to show cause. Any subpoena or subpoena
duces tecum may be quashed or modified over the objection of any
party pursuant to the requirements of this paragraph.
F. The Director may issue an order immediately suspending a
registration, without notice or a hearing, when he or she finds
there is imminent danger to the public health or safety which
warrants such action. The suspension shall continue in effect until
the conclusion of any administrative proceedings, including judicial
review thereof, unless withdrawn earlier by the Director or
dissolved by a court of competent jurisdiction. The order shall
state the existence of an emergency requiring action be taken that
the Director deems necessary to meet the emergency. Such action may
include, but is not limited to, ordering the registrant to
immediately cease and desist operations. The order shall be
effective immediately upon issuance. Any person to whom the order
is directed shall comply immediately with the provisions of the
order. The Director may assess a penalty not to exceed Ten Thousand
Dollars ($10,000.00) per day of noncompliance with the order. In
assessing such penalty, the Director shall consider the seriousness
of the violation and any efforts to comply with applicable
requirements.
G. In lieu of or in addition to any other remedies available to
the Director, if a finding is made that a registrant has committed
any act in violation of federal law relating to any controlled
substance, any provision of the Uniform Controlled Dangerous
Substances Act, or any rules of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Director is hereby
authorized to assess an administrative penalty not to exceed Five
Thousand Dollars ($5,000.00) per day for each such act. The
provisions of this subsection shall not apply to violations of
subsection G of Section 2-309D of this title. Nothing in this
section shall be construed to permit the Director of the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control to assess
administrative fines for violations of the provisions of subsection
G of Section 2-309D of this title.
H. If a court of competent jurisdiction finds probable cause
that a registrant has possessed, transferred, sold, or offered for
sale any controlled dangerous substance in violation of the Uniform
Controlled Dangerous Substances Act, all controlled dangerous
substances in Schedule I of Section 2-204 of this title and all
Oklahoma Statutes - Title 63. Public Health and Safety Page 944
controlled dangerous substances in Schedules II, III, IV, and V that
are not in properly labeled containers in accordance with the
Uniform Controlled Dangerous Substances Act in the possession of the
registrant shall be deemed contraband and shall be seized and
summarily forfeited pursuant to Section 2-505 of this title.
Samples shall be retained of all controlled dangerous substances
seized in accordance with Section 2-508 of this title as required.
The Director may assess an eradication or destruction fine not to
exceed Fifty Thousand Dollars ($50,000.00) against the registrant.
I. Upon an annulment, revocation, or denial of a registration,
the Director may prohibit the registrant or applicant from
reapplying for registration for a period up to five (5) years
following the date of the final order. The length of any
prohibition shall not be used as grounds to contest the validity of
the annulment, revocation, or denial of a registration.
Added by Laws 1971, c. 119, § 2-305, operative Sept. 1, 1971.
Amended by Laws 1982, c. 120, § 3, emerg. eff. April 6, 1982; Laws
2021, c. 553, § 31, eff. Nov. 1, 2021; Laws 2023, c. 375, § 4,
emerg. eff. June 9, 2023; Laws 2024, c. 308, § 5, emerg. eff. May
15, 2024; Laws 2025, c. 100, § 1, emerg. eff. May 9, 2025.
§63-2-306. Transmission of copies of convictions.
On the conviction of any person of the violation of any
provision of this act, a certified copy of the judgment of
conviction shall be sent by the clerk of the court to the Director
and to the board or officer, if any, by whom the convicted defendant
has been licensed or registered to practice his or her profession or
to carry on his or her business.
Added by Laws 1971, c. 119, § 2-306, operative Sept. 1, 1971.
Amended by Laws 2008, c. 359, § 8, emerg. eff. June 3, 2008.
§63-2-307. Records of registrants.
Persons registered to manufacture, distribute, or dispense
controlled dangerous substances under this act shall keep records
and maintain inventories in conformance with the record-keeping and
inventory requirements of federal law and with the additional rules
the Director issues. Any person who violates the provisions of this
section shall, upon conviction, be guilty of a Class D3 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes.
Added by Laws 1971, c. 119, § 2-307, operative Sept. 1, 1971.
Amended by Laws 2008, c. 359, § 9, emerg. eff. June 3, 2008; Laws
2025, c. 486, § 733, eff. Jan. 1, 2026.
§63-2-308. Order forms.
Oklahoma Statutes - Title 63. Public Health and Safety Page 945
Controlled dangerous substances in Schedules I and II shall be
distributed only by a registrant to another registrant pursuant to
an order form obtained from the United States Drug Enforcement
Administration. Compliance with the provisions of the Federal
Controlled Substances Act respecting order forms shall be deemed
compliance with this section. This section shall not apply to
dispensing as defined by this act, nor to distribution otherwise
authorized by this act.
Added by Laws 1971, c. 119, § 2-308, operative Sept. 1, 1971.
Amended by Laws 2009, c. 445, § 3, eff. July 1, 2009.
§63-2-309. Prescriptions.
A. 1. Except for dosages medically required for a period not
to exceed forty-eight (48) hours which are administered by or on
direction of a practitioner, other than a pharmacist, or medication
dispensed directly by a practitioner, other than a pharmacist, to an
ultimate user, no controlled dangerous substance included in
Schedule II, which is a prescription drug as determined under
regulation promulgated by the Board of Pharmacy, shall be dispensed
without an electronic prescription of a practitioner; provided, that
in emergency situations, as prescribed by the Board of Pharmacy by
regulation, such drug may be dispensed upon oral prescription
reduced promptly to writing and filed by the pharmacist in a manner
to be prescribed by rules and regulations of the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
2. Electronic prescribing shall be utilized for Schedules II,
III, IV and V, subject to the requirements set forth in 21 CFR,
Section 1311 et seq.
3. An electronic prescription with electronic signature may
serve as an original prescription, subject to the requirements set
forth in 21 CFR, Section 1311 et seq.
4. Prescriptions shall be retained in conformity with the
requirements of this section and Section 2-307 of this title. No
prescription for a Schedule II substance may be refilled.
5. The electronic prescription requirement provided for in this
section shall not apply to prescriptions for controlled dangerous
substances issued by any of the following:
a. a person licensed to practice veterinary medicine,
b. a practitioner who experiences temporary technological
or electrical failure or other extenuating
circumstance that prevents the prescription from being
transmitted electronically; provided, however, that
the practitioner documents the reason for this
exception in the medical record of the patient,
c. a practitioner, other than a pharmacist, who dispenses
directly to an ultimate user,
Oklahoma Statutes - Title 63. Public Health and Safety Page 946
d. a practitioner who orders a controlled dangerous
substance to be administered through an on-site
pharmacy in:
(1) a hospital as defined in Section 1-701 of this
title,
(2) a nursing facility as defined in Section 1-1902
of this title,
(3) a hospice inpatient facility as defined in
Section 1-860.2 of this title,
(4) an outpatient dialysis facility,
(5) a continuum of care facility as defined in
Section 1-890.2 of this title, or
(6) a penal institution listed in Section 509 of
Title 57 of the Oklahoma Statutes,
e. a practitioner who orders a controlled dangerous
substance to be administered through a hospice program
including but not limited to a hospice program that
provides hospice services in the private residence of
a patient or in a long-term care facility where the
patient resides. As used in this subparagraph,
“hospice program” has the same meaning as provided by
Section 1-860.2 of this title,
f. a practitioner who writes a prescription to be
dispensed by a pharmacy located on federal property,
provided the practitioner documents the reason for
this exception in the medical record of the patient,
g. a practitioner that has received a waiver or extension
from his or her licensing board,
h. a practitioner who prescribes a controlled dangerous
substance for a supply that when taken as prescribed
would be consumed within seventy-two (72) hours, or
i. a practitioner who determines that an electronic
prescription cannot be issued in a timely manner and
the condition of the patient is at risk.
6. Electronic prescriptions may be utilized under the following
circumstances:
a. compounded prescriptions,
b. compounded infusion prescriptions, or
c. prescriptions issued under approved research
protocols.
7. A pharmacist who receives a written, oral or facsimile
prescription shall not be required to verify that the prescription
falls under one of the exceptions provided for in paragraph 6 of
this subsection. Pharmacists may continue to dispense medications
from otherwise valid written, oral or facsimile prescriptions that
are consistent with the provisions of this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 947
8. Practitioners shall indicate in the health record of a
patient that an exception to the electronic prescription requirement
was utilized.
9. All prescriptions issued pursuant to paragraph 5 and
subparagraph c of paragraph 6 of this subsection shall be on an
official prescription form approved by the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control if not issued electronically.
10. a. Practitioners shall be registered with the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control
in order to purchase official prescription forms.
Such registration shall include, but not be limited
to, the primary address and the address of each place
of business to be imprinted on official prescription
forms. Any change to a registered practitioner’s
registered address shall be promptly reported to the
practitioner’s licensing board and the Bureau by the
practitioner in a manner approved by the Bureau.
b. Where the Bureau has revoked the registration of a
registered practitioner, the Bureau may revoke or
cancel any official prescription forms in the
possession of the registered practitioner. Any
revocation or any suspension shall require the
registered practitioner to return all unused official
prescription forms to the Bureau within fifteen (15)
calendar days after the date of the written
notification.
c. A practitioner that has had any license to practice
terminated, revoked or suspended by a state or federal
agency may, upon restoration of such license or
certificate, register with the Bureau.
11. a. Official prescription forms shall be purchased at the
expense of the practitioner or the employer of the
practitioner from a list of vendors approved by the
Bureau.
b. Official prescription forms issued to a registered
practitioner shall be imprinted with the primary
address and may include other addresses listed on the
registration of the practitioner to identify the place
of origin. Such prescriptions shall be sent only to
the primary address of the registered practitioner.
c. Official prescription forms of a registered
practitioner shall be used only by the practitioner
designated on the official prescription form.
d. The Bureau may revoke or cancel official prescription
forms in possession of registered practitioners when
the license of such practitioner is suspended,
terminated or revoked.
Oklahoma Statutes - Title 63. Public Health and Safety Page 948
e. Official prescription forms of registered
practitioners who are deceased or who no longer
prescribe shall be returned to the Bureau at a
designated address. If the registered practitioner is
deceased, it is the responsibility of the registered
practitioner’s estate or lawful designee to return
such forms.
f. The Bureau may issue official prescription forms to
employees or agents of the Bureau and other government
agencies for the purpose of preventing, identifying,
investigating and prosecuting unacceptable or illegal
practices by providers and other persons and assisting
in the recovery of overpayments under any program
operated by the state or paid for with state funds.
Such prescription forms shall be issued for this
purpose only to individuals who are authorized to
conduct investigations on behalf of the Bureau or
other government agencies as part of their official
duties. Individuals and agencies receiving such
prescription forms for this purpose shall provide
appropriate assurances to the Bureau that adequate
safeguards and security measures are in place to
prevent the use of such prescription forms for
anything other than official government purposes.
12. a. Adequate safeguards and security measures shall be
undertaken by registered practitioners holding
official prescription forms to assure against the
loss, destruction, theft or unauthorized use of the
forms. Registered practitioners shall maintain a
sufficient but not excessive supply of such forms in
reserve.
b. Registered practitioners shall immediately notify the
Bureau, in a manner designated by the Bureau, upon
their knowledge of the loss, destruction, theft or
unauthorized use of any official prescription forms
issued to them, as well as the failure to receive
official prescription forms within a reasonable time
after ordering them from the Bureau.
c. Registered practitioners shall immediately notify the
Bureau upon their knowledge of any diversion or
suspected diversion of drugs pursuant to the loss,
theft or unauthorized use of prescriptions.
B. 1. Except for dosages medically required for a period not
to exceed seventy-two (72) hours which are administered by or on
direction of a practitioner other than a pharmacist or medication
dispensed directly by a practitioner, other than a pharmacist, to an
ultimate user, or the circumstances provided for in paragraphs 5 and
Oklahoma Statutes - Title 63. Public Health and Safety Page 949
6 of subsection A of this section, no controlled dangerous substance
included in Schedule III or IV, which is a prescription drug as
determined under regulation promulgated by the Board of Pharmacy,
shall be dispensed without an electronic prescription.
2. Any prescription for a controlled dangerous substance in
Schedule III, IV or V may not be filled or refilled more than six
(6) months after the date thereof or be refilled more than five
times after the date of the prescription, unless renewed by the
practitioner.
C. Whenever it appears to the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control that a drug not
considered to be a prescription drug under existing state law or
regulation of the Board of Pharmacy should be so considered because
of its abuse potential, the Director shall so advise the Board of
Pharmacy and furnish to the Board all available data relevant
thereto.
D. 1. “Prescription”, as used in this section, means a
written, oral or electronic order by a practitioner to a pharmacist
for a controlled dangerous substance for a particular patient, which
specifies the date of its issue, and the full name and address of
the patient and, if the controlled dangerous substance is prescribed
for an animal, the species of the animal, the name and quantity of
the controlled dangerous substance prescribed, the directions for
use, the name and address of the owner of the animal and, if
written, the signature of the practitioner. When electronically
prescribed, the full name of the patient may include the name and
species of the animal.
2. “Registered practitioner”, as used in this section, means a
licensed practitioner duly registered with the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control authorized to purchase
official prescription forms.
E. No person shall solicit, dispense, receive or deliver any
controlled dangerous substance through the mail, unless the ultimate
user is personally known to the practitioner and circumstances
clearly indicate such method of delivery is in the best interest of
the health and welfare of the ultimate user.
Added by Laws 1971, c. 119, § 2-309, operative Sept. 1, 1971.
Amended by Laws 1972, c. 229, § 4, emerg. eff. April 7, 1972; Laws
1982, c. 120, § 4, emerg. eff. April 6, 1982; Laws 1990, c. 210, §
9, eff. Sept. 1, 1990; Laws 1996, c. 306, § 7, emerg. eff. June 10,
1996; Laws 2008, c. 273, § 2, eff. Nov. 1, 2008; Laws 2011, c. 239,
§ 7, eff. Nov. 1, 2011; Laws 2012, c. 83, § 1, eff. Nov. 1, 2012;
Laws 2013, c. 323, § 1, eff. Nov. 1, 2013; Laws 2018, c. 255, § 1,
eff. Jan. 1, 2020; Laws 2021, c. 259, § 1, emerg. eff. April 27,
2021; Laws 2023, c. 304, § 2, emerg. eff. May 26, 2023; Laws 2024,
c. 308, § 6, emerg. eff. May 15, 2024.
Oklahoma Statutes - Title 63. Public Health and Safety Page 950
NOTE: Laws 2012, c. 80, § 5 repealed by Laws 2013, c. 15, § 72,
emerg. eff. April 8, 2013.
§63-2-309A. Short title.
Section 2-309A et seq. of this title shall be known and may be
cited as the “Anti-Drug Diversion Act”.
Added by Laws 1990, c. 210, § 1, eff. Sept. 1, 1990. Amended by
Laws 2004, c. 300, § 1, emerg. eff. May 12, 2004.
§63-2-309B. Definitions.
For the purposes of the Anti-Drug Diversion Act:
1. "Bureau" means the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control;
2. "Dispenser" means a person who distributes a Schedule II
controlled dangerous substance, but does not include a licensed
hospital pharmacy or a licensed nurse or medication aide who
administers such a substance at the direction of a licensed
physician;
3. "Dispenser's registration number" means the dispenser's
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
registration number or, in the case of a pharmacist, the National
Association of Boards of Pharmacy number for the pharmacy where the
dispensation is made;
4. "Exception report" means an output of data indicating
Schedule II controlled dangerous substance dispensation which is
outside expected norms for a prescriber practicing a particular
specialty or field of health care, for a dispenser doing business in
a particular location, or for a recipient;
5. "Recipient" means the person for whom a prescription is
prescribed and who is the lawful intended ultimate user;
6. "Recipient's agent" means a person who is authorized by the
ultimate user to pick up the recipient's medication and deliver it
to the recipient or a person who claims a prescription other than
the person to whom the medication is prescribed;
7. "Recipient's identification number" and "recipient's agent's
identification number" means the unique number contained on forms of
identification listed in 8 CFR 274a.2(b)(1)(v)(A) and (B);
8. "Registrant" means a person, persons, corporation or other
entity who has been issued by the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control a registration
pursuant to Section 2-302 of this title; and
9. "State" means any state, territory, or possession of the
United States, the District of Columbia, or foreign nation.
Added by Laws 1990, c. 210, § 2, eff. Sept. 1, 1990. Amended by
Laws 2004, c. 300, § 2, emerg. eff. May 12, 2004; Laws 2007, c. 81,
§ 1, eff. Nov. 1, 2007; Laws 2008, c. 273, § 3, eff. Nov. 1, 2008;
Oklahoma Statutes - Title 63. Public Health and Safety Page 951
Laws 2009, c. 445, § 4, eff. July 1, 2009; Laws 2022, c. 69, § 1,
emerg. eff. April 25, 2022.
§63-2-309C. Dispensers of Schedule II, III, IV or V controlled
dangerous substances - Transmittal of certain information to central
repository - Willful failure to transmit - Monitoring of
pseudoephedrine product sales.
A. A dispenser of a Schedule II, III, IV or V controlled
dangerous substance dispensed pursuant to a valid prescription shall
transmit to a central repository designated by the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control using the American
Society for Automation in Pharmacy's (ASAP) Telecommunications
Format for Controlled Substances version designated in rules by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the
following information for each dispensation:
1. Recipient's and recipient's agent's name;
2. Recipient's and recipient's agent's address;
3. Recipient's and recipient's agent's date of birth;
4. Recipient's and recipient's agent's identification number;
5. National Drug Code number of the substance dispensed;
6. Date of the dispensation;
7. Quantity of the substance dispensed;
8. Prescriber's United States Drug Enforcement Agency
registration number;
9. Dispenser's registration number; and
10. Other information as required by administrative rule.
B. The information required by this section shall be
transmitted:
1. In a format or other media designated acceptable by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; and
2. Within twenty-four (24) hours of the time that the substance
is dispensed. Beginning January 1, 2012, all information shall be
submitted on a real-time log.
C. When a prescription is written or dispensed to a resident of
a nursing home or a person who is under the care of a hospice
program licensed pursuant to the provisions of the Oklahoma Hospice
Licensing Act who does not have an identification card issued by the
state or another form of a recipient identification number pursuant
to Section 2-309B of this title, a Social Security number may be
used for the purpose of complying with the reporting requirements
provided for in this section.
D. When a prescription is written or dispensed to a person
whose state-issued identification card has been expired for no more
than one (1) year, and who does not possess another form of a
recipient identification number pursuant to Section 2-309B of this
title, a Social Security number may be used for the purpose of
Oklahoma Statutes - Title 63. Public Health and Safety Page 952
complying with the reporting requirements provided for in this
section.
E. Willful failure to transmit accurate information as required
by this section shall be a misdemeanor punishable, upon conviction,
by not more than one (1) year in the county jail, or by a fine of
not more than One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine, or administrative action may be taken
pursuant to Section 2-304 of this title.
F. The Director of the Bureau shall have the authority to allow
paper submissions on a form designated by the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control, if the dispenser has an
appropriate hardship.
Added by Laws 1990, c. 210, § 3, eff. Sept. 1, 1990. Amended by
Laws 1998, c. 142, § 2, eff. July 1, 1998; Laws 2004, c. 300, § 3,
emerg. eff. May 12, 2004; Laws 2005, c. 128, § 3, eff. Nov. 1, 2005;
Laws 2009, c. 445, § 5, eff. July 1, 2009; Laws 2010, c. 458, § 5,
eff. Nov. 1, 2010; Laws 2012, c. 80, § 6, eff. Nov. 1, 2012; Laws
2012, c. 206, § 3, eff. July 1, 2012; Laws 2013, c. 15, § 73, emerg.
eff. April 8, 2013; Laws 2021, c. 2, § 1, emerg. eff. March 11,
2021.
NOTE: Laws 2012, c. 83, § 2 repealed by Laws 2013, c. 15, § 74,
emerg. eff. April 8, 2013.
§63-2-309D. Central repository information - Confidentiality -
Access - Disclosure - Penalties - Liability.
A. The information collected at the central repository pursuant
to the Anti-Drug Diversion Act shall be confidential and shall not
be open to the public. Access to the information shall be limited
to:
1. Peace officers certified pursuant to Section 3311 of Title
70 of the Oklahoma Statutes who are employed as investigative agents
of the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control;
2. The United States Drug Enforcement Administration Diversion
Group Supervisor;
3. The executive director or chief investigator, as designated
by each board, of the following state boards:
a. Board of Podiatric Medical Examiners,
b. Board of Dentistry,
c. Board of Pharmacy,
d. State Board of Medical Licensure and Supervision,
e. State Board of Osteopathic Examiners,
f. State Board of Veterinary Medical Examiners,
g. Oklahoma Health Care Authority,
h. Department of Mental Health and Substance Abuse
Services,
i. Board of Examiners in Optometry,
Oklahoma Statutes - Title 63. Public Health and Safety Page 953
j. Oklahoma Board of Nursing,
k. Office of the Chief Medical Examiner, and
l. State Board of Health;
4. A multicounty grand jury properly convened pursuant to the
Multicounty Grand Jury Act;
5. Medical practitioners employed by the United States
Department of Veterans Affairs, the United States Military, or other
federal agencies treating patients in this state;
6. At the discretion of the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, medical
practitioners and their staff including those employed by the
federal government in this state; and
7. The members of the Opioid Overdose Fatality Review Board for
the purpose of carrying out the duties prescribed by Section 2-1001
of this title.
B. This section shall not prevent access, at the discretion of
the Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, to investigative information by peace officers and
investigative agents of federal, state, tribal, county or municipal
law enforcement agencies, district attorneys and the Attorney
General in furtherance of criminal, civil or administrative
investigations or prosecutions within their respective
jurisdictions, designated legal, communications, and analytical
employees of the Bureau, and to registrants in furtherance of
efforts to guard against the diversion of controlled dangerous
substances.
C. This section shall not prevent the disclosure, at the
discretion of the Director of the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control, of statistical information gathered
from the central repository to the general public for statistical,
research, substance abuse prevention, or educational purposes,
provided that consumer confidentiality is not compromised.
D. This section shall not prevent the disclosure, at the
discretion of the Director of the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control, of prescription-monitoring-program
information to prescription-monitoring programs of other states
provided a reciprocal data-sharing agreement is in place.
E. The Department of Mental Health and Substance Abuse Services
and the State Department of Health may utilize the information in
the central repository for statistical, research, substance abuse
prevention, or educational purposes, provided that consumer
confidentiality is not compromised.
F. Any unauthorized disclosure of any information collected at
the central repository provided by the Anti-Drug Diversion Act shall
be a misdemeanor. Violation of the provisions of this section shall
be deemed willful neglect of duty and shall be grounds for removal
from office.
Oklahoma Statutes - Title 63. Public Health and Safety Page 954
G. 1. Registrants shall have access to the central repository
for the purposes of patient treatment and to aid in the
determination in prescribing or screening new patients. The
physician or designee shall provide, upon request by the patient,
the history of the patient or the query history of the patient.
2. a. Prior to prescribing or authorizing for refill, if one
hundred eighty (180) days have elapsed prior to the
previous access and check, of opiates, synthetic
opiates, semisynthetic opiates, benzodiazepine or
carisoprodol to a patient of record, registrants or
members of their medical or administrative staff shall
be required to access the information in the central
repository to assess medical necessity and the
possibility that the patient may be unlawfully
obtaining prescription drugs in violation of the
Uniform Controlled Dangerous Substances Act. The duty
to access and check shall not alter or otherwise amend
appropriate medical standards of care. The registrant
or medical provider shall note in the patient file
that the central repository has been checked and may
maintain a copy of the information.
b. The requirements set forth in subparagraph a of this
paragraph shall not apply:
(1) to medical practitioners who prescribe the
controlled substances set forth in subparagraph a
of this paragraph for hospice or end-of-life
care, or
(2) for a prescription of a controlled substance set
forth in subparagraph a of this paragraph that is
issued by a practitioner for a patient residing
in a nursing facility as defined by Section 1-
1902 of this title, provided that the
prescription is issued to a resident of such
facility.
3. Registrants shall not be liable to any person for any claim
of damages as a result of accessing or failing to access the
information in the central repository and no lawsuit may be
predicated thereon.
4. The failure of a registrant to access and check the central
repository as required under state or federal law or regulation may,
after investigation, be grounds for the licensing board of the
registrant to take disciplinary action against the registrant.
H. The Board of Podiatric Medical Examiners, the Board of
Dentistry, the State Board of Medical Licensure and Supervision, the
Board of Examiners in Optometry, the Oklahoma Board of Nursing, the
State Board of Osteopathic Examiners and the State Board of
Veterinary Medical Examiners shall have the sole responsibility for
Oklahoma Statutes - Title 63. Public Health and Safety Page 955
enforcement of the provisions of subsection G of this section.
Nothing in this section shall be construed so as to permit the
Director of the State Bureau of Narcotics and Dangerous Drugs
Control to assess administrative fines provided for in Section 2-304
of this title.
I. The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, or a designee thereof, shall provide a
monthly list to the Directors of the Board of Podiatric Medical
Examiners, the Board of Dentistry, the State Board of Medical
Licensure and Supervision, the Board of Examiners in Optometry, the
Oklahoma Board of Nursing, the State Board of Osteopathic Examiners
and the State Board of Veterinary Medical Examiners of the top
twenty prescribers of controlled dangerous substances within their
respective areas of jurisdiction. Upon discovering that a
registrant is prescribing outside the limitations of his or her
licensure or outside of drug registration rules or applicable state
laws, the respective licensing board shall be notified by the Bureau
in writing. Such notifications may be considered complaints for the
purpose of investigations or other actions by the respective
licensing board. Licensing boards shall have exclusive jurisdiction
to take action against a licensee for a violation of subsection G of
this section.
J. Information regarding fatal and nonfatal overdoses, other
than statistical information as required by Section 2-106 of this
title, shall be completely confidential. Access to this information
shall be strictly limited to the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control or designee, the
Chief Medical Examiner, state agencies and boards provided in
subsection A of this section, and the registrant that enters the
information. Registrants shall not be liable to any person for a
claim of damages for information reported pursuant to the provisions
of Section 2-105 of this title.
K. The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control shall provide adequate means and procedures
allowing access to central repository information for registrants
lacking direct computer access.
L. Upon completion of an investigation in which it is
determined that a death was caused by an overdose, either
intentionally or unintentionally, of a controlled dangerous
substance, the medical examiner shall be required to report the
decedent's name and date of birth to the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control. The Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control shall be required to maintain
a database containing the classification of medical practitioners
who prescribed or authorized controlled dangerous substances
pursuant to this subsection.
Oklahoma Statutes - Title 63. Public Health and Safety Page 956
M. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control is authorized to provide unsolicited notification to the
licensing board of a pharmacist or practitioner if a patient has
received one or more prescriptions for controlled substances in
quantities or with a frequency inconsistent with generally
recognized standards of safe practice. An unsolicited notification
to the licensing board of the practitioner pursuant to this section:
1. Is confidential;
2. May not disclose information that is confidential pursuant
to this section; and
3. May be in a summary form sufficient to provide notice of the
basis for the unsolicited notification.
N. Except as otherwise provided for in subsections A and B of
this section, any information collected at the central repository,
as outlined in Section 2-309C of this title, shall:
1. Be confidential by law and privileged;
2. Not be subject to the Oklahoma Open Records Act;
3. Not be subject to subpoena; and
4. Not be subject to discovery or admissible in evidence in any
private civil action.
Added by Laws 1990, c. 210, § 4, eff. Sept. 1, 1990. Amended by
Laws 1997, c. 238, § 5, eff. Nov. 1, 1997; Laws 2004, c. 300, § 4,
emerg. eff. May 12, 2004; Laws 2005, c. 128, § 4, eff. Nov. 1, 2005;
Laws 2010, c. 160, § 3, eff. Nov. 1, 2010; Laws 2012, c. 51, § 1,
eff. Nov. 1, 2012; Laws 2013, c. 162, § 1, eff. Nov. 1, 2013; Laws
2014, c. 4, § 18, emerg. eff. April 2, 2014; Laws 2014, c. 153, § 1,
eff. Nov. 1, 2014; Laws 2014, c. 293, § 22, eff. Nov. 1, 2014; Laws
2015, c. 1, § 2, eff. Nov. 1, 2015; Laws 2016, c. 210, § 35, emerg.
eff. April 26, 2016; Laws 2018, c. 175, § 4, eff. Nov. 1, 2018; Laws
2019, c. 428, § 18, emerg. eff. May 21, 2019; Laws 2020, c. 161, §
59, emerg. eff. May 21, 2020; Laws 2021, c. 395, § 1, emerg. eff.
May 3, 2021; Laws 2022, c. 69, § 2, emerg. eff. April 25, 2022.
NOTE: Laws 2013, c. 181, § 5 repealed by Laws 2014, c. 4, § 19,
emerg. eff. April 2, 2014. Laws 2015, c. 84, § 1 repealed by Laws
2016, c. 210, § 36, emerg. eff. April 26, 2016. Laws 2018, c. 32, §
1 repealed by Laws 2019, c. 25, § 39, emerg. eff. April 4, 2019.
Laws 2019, c. 25, § 38 repealed by Laws 2020, c. 161, § 60, emerg.
eff. May 21, 2020.
§63-2-309E. Central repository information - Control of access.
A. All access to information in the central repository shall be
controlled by and made through the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control.
B. For the purposes of court proceedings, the Director of the
Bureau, or designee, shall be the designated keeper of the records.
Oklahoma Statutes - Title 63. Public Health and Safety Page 957
Added by Laws 1990, c. 210, § 5, eff. Sept. 1, 1990. Amended by
Laws 2004, c. 300, § 5, emerg. eff. May 12, 2004; Laws 2010, c. 89,
§ 2, eff. Nov. 1, 2010.
§63-2-309F. Central repository - Powers, duties and
responsibilities - Contract with vendor to serve as.
A. The central repository provided by the Anti-Drug Diversion
Act shall:
1. Be capable of providing the collected information in forms
required by the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, including but not limited to, dispensations by
prescriber name or registration number, dispenser name or
registration number, recipient name or identification number, type
of substance, frequency, quantity, and location of dispensation;
2. Provide the Bureau with continual, twenty-four-hour per day,
on-line access to the collected information;
3. Secure the collected information against access by
unauthorized persons;
4. Provide the Bureau, in a reasonable time, with all collected
information in a format readily usable by the Bureau, in the event
the relationship between the state and central repository is
terminated; and
5. Not withhold access to the collected information for any
reason other than failure of the Bureau to timely pay agreed fees
and charges for use of the central repository.
B. The Bureau is authorized to enter into a contract with a
vendor to serve as the central repository provided for in the Anti-
Drug Diversion Act or to purchase the necessary equipment to create
the central repository within the Bureau. The Bureau is authorized
to enter into agreements and contracts with vendors as necessary to
facilitate the electronic transmission of data contained within the
central repository to registrants and other persons as provided for
in Section 2-309D of this title. The central repository shall not
be subject to the provisions of Sections 34.6 through 34.33 of Title
62 of the Oklahoma Statutes and shall be maintained and controlled
by personnel of the Bureau pursuant to the confidentiality
requirements provided for in Section 2-309D of this title.
Added by Laws 1990, c. 210, § 6, eff. Sept. 1, 1990. Amended by
Laws 2004, c. 300, § 6, emerg. eff. May 12, 2004; Laws 2010, c. 458,
§ 6, eff. Nov. 1, 2010; Laws 2013, c. 340, § 2, eff. Nov. 1, 2013.
§63-2-309G. Development of criteria for production of exception
reports out of information collected.
The Oklahoma Bureau of Narcotics and Dangerous Drugs Control
shall develop criteria for the production of exception reports out
of the information collected at the central repository. In
Oklahoma Statutes - Title 63. Public Health and Safety Page 958
developing these criteria, the Bureau shall seek the counsel of the
following entities:
1. Board of Podiatric Medical Examiners;
2. Board of Dentistry;
3. Board of Pharmacy;
4. State Board of Medical Licensure and Supervision;
5. State Board of Osteopathic Examiners;
6. State Board of Veterinary Medical Examiners;
7. Oklahoma Podiatric Medical Association;
8. Oklahoma Dental Association;
9. Oklahoma Pharmaceutical Association;
10. Oklahoma State Medical Association;
11. Oklahoma Osteopathic Association; and
12. Oklahoma Veterinary Medical Association.
Added by Laws 1990, c. 210, § 7, eff. Sept. 1, 1990. Amended by
Laws 1997, c. 238, § 6, eff. Nov. 1, 1997; Laws 2004, c. 300, § 7,
emerg. eff. May 12, 2004.
§63-2-309H. Implementation and enforcement of act - Rules and
regulations.
The Director of the Oklahoma Bureau of Narcotics and Dangerous
Drugs Control shall promulgate and adopt rules to implement and
enforce the Anti-Drug Diversion Act.
Added by Laws 1990, c. 210, § 8, eff. Sept. 1, 1990. Amended by
Laws 2004, c. 300, § 8, emerg. eff. May 12, 2004.
§63-2-309I. Prescription limits and rules for opioid drugs – Copay
and other insurance requirements – Informed consent process.
A. A practitioner shall not issue an initial prescription for
an opioid drug in a quantity exceeding a seven-day supply for
treatment of acute pain. Any opioid prescription for acute pain
shall be for the lowest effective dose of an immediate-release drug.
B. Prior to issuing an initial prescription for an opioid drug
in a course of treatment for acute or chronic pain, a practitioner
shall:
1. Take and document the results of a thorough medical history,
including the experience of the patient with nonopioid medication
and nonpharmacological pain-management approaches and substance
abuse history;
2. Conduct, as appropriate, and document the results of a
physical examination;
3. Develop a treatment plan with particular attention focused
on determining the cause of pain of the patient;
4. Access relevant prescription monitoring information from the
central repository pursuant to Section 2-309D of this title;
5. Limit the supply of any opioid drug prescribed for acute
pain to a duration of no more than seven (7) days as determined by
Oklahoma Statutes - Title 63. Public Health and Safety Page 959
the directed dosage and frequency of dosage; provided, however, upon
issuing an initial prescription for acute pain pursuant to this
section, the practitioner may issue one (1) subsequent prescription
for an opioid drug in a quantity not to exceed seven (7) days if:
a. the subsequent prescription is due to a major surgical
procedure or "confined to home" status as defined in
42 U.S.C., Section 1395n(a),
b. the practitioner provides the subsequent prescription
on the same day as the initial prescription,
c. the practitioner provides written instructions on the
subsequent prescription indicating the earliest date
on which the prescription may be filled, otherwise
known as a "do not fill until" date, and
d. the subsequent prescription is dispensed no more than
five (5) days after the "do not fill until" date
indicated on the prescription;
6. In the case of a patient under the age of eighteen (18)
years, enter into a patient-provider agreement with a parent or
guardian of the patient; and
7. In the case of a patient who is a pregnant woman, enter into
a patient-provider agreement with the patient.
C. No less than seven (7) days after issuing the initial
prescription pursuant to subsection A of this section, the
practitioner, after consultation with the patient, may issue a
subsequent prescription for the drug to the patient in a quantity
not to exceed seven (7) days, provided that:
1. The subsequent prescription would not be deemed an initial
prescription under this section;
2. The practitioner determines the prescription is necessary
and appropriate to the treatment needs of the patient and documents
the rationale for the issuance of the subsequent prescription; and
3. The practitioner determines that issuance of the subsequent
prescription does not present an undue risk of abuse, addiction or
diversion and documents that determination.
D. Prior to issuing the initial prescription of an opioid drug
in a course of treatment for acute or chronic pain and again prior
to issuing the third prescription of the course of treatment, a
practitioner shall discuss with the patient or the parent or
guardian of the patient if the patient is under eighteen (18) years
of age and is not an emancipated minor, the risks associated with
the drugs being prescribed, including but not limited to:
1. The risks of addiction and overdose associated with opioid
drugs and the dangers of taking opioid drugs with alcohol,
benzodiazepines and other central nervous system depressants;
2. The reasons why the prescription is necessary;
3. Alternative treatments that may be available; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 960
4. Risks associated with the use of the drugs being prescribed,
specifically that opioids are highly addictive, even when taken as
prescribed, that there is a risk of developing a physical or
psychological dependence on the controlled dangerous substance, and
that the risks of taking more opioids than prescribed or mixing
sedatives, benzodiazepines or alcohol with opioids can result in
fatal respiratory depression.
The practitioner shall include a note in the medical record of
the patient that the patient or the parent or guardian of the
patient, as applicable, has discussed with the practitioner the
risks of developing a physical or psychological dependence on the
controlled dangerous substance and alternative treatments that may
be available. The applicable state licensing board of the
practitioner shall develop and make available to practitioners
guidelines for the discussion required pursuant to this subsection.
E. At the time of the issuance of the third prescription for an
opioid drug, the practitioner shall enter into a patient-provider
agreement with the patient.
F. When an opioid drug is continuously prescribed for three (3)
months or more for chronic pain, the practitioner shall:
1. Review, at a minimum of every three (3) months, the course
of treatment, any new information about the etiology of the pain,
and the progress of the patient toward treatment objectives and
document the results of that review;
2. In the first year of the patient-provider agreement, assess
the patient prior to every renewal to determine whether the patient
is experiencing problems associated with an opioid use disorder as
defined by the American Psychiatric Association and document the
results of that assessment. Following one (1) year of compliance
with the patient-provider agreement, the practitioner shall assess
the patient at a minimum of every six (6) months;
3. Periodically make reasonable efforts, unless clinically
contraindicated, to either stop the use of the controlled substance,
decrease the dosage, try other drugs or treatment modalities in an
effort to reduce the potential for abuse or the development of an
opioid use disorder as defined by the American Psychiatric
Association and document with specificity the efforts undertaken;
4. Review the central repository information in accordance with
Section 2-309D of this title; and
5. Monitor compliance with the patient-provider agreement and
any recommendations that the patient seek a referral.
G. 1. Any prescription for acute pain pursuant to this section
shall have the words "acute pain" notated on the face of the
prescription by the practitioner.
2. Any prescription for chronic pain pursuant to this section
shall have the words "chronic pain" notated on the face of the
prescription by the practitioner.
Oklahoma Statutes - Title 63. Public Health and Safety Page 961
H. This section shall not apply to a prescription for a
patient:
1. Who has sickle cell disease;
2. Who is in treatment for cancer or receiving aftercare cancer
treatment;
3. Who is receiving hospice care from a licensed hospice;
4. Who is receiving palliative care in conjunction with a
serious illness;
5. Who is a resident of a long-term care facility; or
6. For any medications that are being prescribed for use in the
treatment of substance abuse or opioid dependence.
I. Every policy, contract or plan delivered, issued, executed
or renewed in this state, or approved for issuance or renewal in
this state by the Insurance Commissioner, and every contract
purchased by the Employees Group Insurance Division of the Office of
Management and Enterprise Services, on or after November 1, 2018,
that provides coverage for prescription drugs subject to a
copayment, coinsurance or deductible shall charge a copayment,
coinsurance or deductible for an initial prescription of an opioid
drug prescribed pursuant to this section that is either:
1. Proportional between the cost sharing for a thirty-day
supply and the amount of drugs the patient was prescribed; or
2. Equivalent to the cost sharing for a full thirty-day supply
of the drug, provided that no additional cost sharing may be charged
for any additional prescriptions for the remainder of the thirty-day
supply.
J. Any practitioner authorized to prescribe an opioid drug
shall adopt and maintain a written policy or policies that include
execution of a written agreement to engage in an informed consent
process between the prescribing practitioner and qualifying opioid
therapy patient. For the purposes of this section, "qualifying
opioid therapy patient" means:
1. A patient requiring opioid treatment for more than three (3)
months;
2. A patient who is prescribed benzodiazepines and opioids
together for more than one twenty-four-hour period; or
3. A patient who is prescribed a dose of opioids that exceeds
one hundred (100) morphine equivalent doses.
K. Nothing in the Anti-Drug Diversion Act shall be construed to
require a practitioner to limit or forcibly taper a patient on
opioid therapy. The standard of care requires effective and
individualized treatment for each patient as deemed appropriate by
the prescribing practitioner without an administrative or codified
limit on dose or quantity that is more restrictive than approved by
the Food and Drug Administration (FDA).
Added by Laws 2018, c. 175, § 5, eff. Nov. 1, 2018. Amended by Laws
2019, c. 139, § 1, eff. Nov. 1, 2019; Laws 2019, c. 428, § 19,
Oklahoma Statutes - Title 63. Public Health and Safety Page 962
emerg. eff. May 21, 2019; Laws 2021, c. 395, § 2, emerg. eff. May 3,
2021; Laws 2022, c. 257, § 1.
§63-2-310. Samples.
No person shall distribute samples of controlled dangerous
substances to a practitioner without simultaneously preparing and
leaving with that practitioner a specific, written list of the items
so distributed, the form and control of which shall be prescribed by
rules promulgated by the Director.
Added by Laws 1971, c. 119, § 2-310, operative Sept. 1, 1971.
Amended by Laws 2009, c. 442, § 5, eff. July 1, 2009.
§63-2-311. Sale of certain substances.
A. The legal owner of any stock of controlled dangerous
substances, as listed in Schedules II through IV, upon
discontinuation of manufacture, distribution, dispensing,
prescribing, administering or use for scientific purposes of said
substances, may sell said stock to a manufacturer, wholesaler or
pharmacist. Schedule II substances must be transferred on an order
form as provided in Section 2-308 of this title.
B. A pharmacist, only upon an order form as provided in Section
2-308 of this title, may sell to a physician, dentist or
veterinarian, in quantities not exceeding thirty (30) milliliters at
any one time, aqueous or oleaginous solutions of which the content
of controlled dangerous substances does not exceed a proportion
greater than twenty percent (20%) of the complete solution, to be
used for medical purposes.
Added by Laws 1971, c. 119, § 2-311, operative Sept. 1, 1971.
Amended by Laws 1982, c. 120, § 5, emerg. eff. April 6, 1982.
§63-2-312. See the following versions:
OS 63-2-312v1 (HB 2584, Laws 2025, c. 343, § 9)
OS 63-2-312v2 (HB 2298, Laws 2025, c. 340, § 10)
§63-2-312.1. Prescription of anabolic steroids or human growth
hormones.
A. A licensed practitioner as defined in Section 355 of Title
59 of the Oklahoma Statutes shall not prescribe, dispense, deliver,
or administer an anabolic steroid or human growth hormone or cause
an anabolic steroid or human growth hormone to be administered under
the direction or supervision of the practitioner except for a valid
medical purpose and in the course of a professional practice. A
valid medical purpose for the use of anabolic steroids or human
growth hormones shall not include bodybuilding, muscle enhancement
or increasing muscle bulk or strength of a person who is in good
health. This section shall not prohibit the use of anabolic
Oklahoma Statutes - Title 63. Public Health and Safety Page 963
steroids for the treatment of livestock or domestic animals in
accordance with state or federal law.
B. The prescribing, dispensing, delivering or administering of
an anabolic steroid by a licensed practitioner in violation of the
provisions of subsection A of this section shall be grounds for
revocation or nonrenewal of the license of such licensed
practitioner to practice in this state. In addition, any licensed
practitioner prescribing, dispensing, delivering or administering an
anabolic steroid in violation of the provisions of subsection A of
this section, upon conviction thereof shall be guilty of a Class D3
felony offense punishable by imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by a fine not to exceed Ten Thousand Dollars
($10,000.00), or by both such imprisonment and fine.
Added by Laws 1989, c. 304, § 2, eff. Nov. 1, 1989. Amended by Laws
1990, c. 271, § 1, operative July 1, 1990. Renumbered from § 355.3
of Title 59 by Laws 1990, c. 271, § 3, operative July 1, 1990.
Amended by Laws 1997, c. 133, § 527, eff. July 1, 1999; Laws 1999,
1st Ex.Sess., c. 5, § 380, eff. July 1, 1999; Laws 2025, c. 486, §
734, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 527 from July 1, 1998, to July 1, 1999.
§63-2-312.2. Sale or disposition of opioid antagonists.
Any opioid antagonist that is approved by the United States Food
and Drug Administration may be dispensed or sold by a pharmacy
without a prescription; provided, however, it shall be dispensed or
sold only by, or under the supervision of, a licensed pharmacist.
An opioid antagonist may be prescribed and dispensed by a licensed
pharmacist; provided, however, it shall be dispensed only by, or
under the supervision of, a licensed pharmacist. No dispensing
protocol shall be required.
Added by Laws 2014, c. 154, § 6, eff. Nov. 1, 2014. Amended by Laws
2017, c. 234, § 2, eff. Nov. 1, 2017; Laws 2023, c. 74, § 2, eff.
Nov. 1, 2023.
§63-2-312v1. Physicians, podiatrists, optometrists, dentists,
veterinarians and advanced practice nurses - Authority to prescribe,
administer or dispense.
A. A physician, podiatrist, optometrist or a dentist who has
complied with the registration requirements of the Uniform
Controlled Dangerous Substances Act, in good faith and in the course
of such person's professional practice only, may prescribe and
administer controlled dangerous substances, or may cause the same to
be administered by medical or paramedical personnel acting under the
direction and supervision of the physician, podiatrist, optometrist
or dentist, and only may dispense controlled dangerous substances
Oklahoma Statutes - Title 63. Public Health and Safety Page 964
pursuant to the provisions of Sections 355.1 and 355.2 of Title 59
of the Oklahoma Statutes.
B. A veterinarian who has complied with the registration
requirements of the Uniform Controlled Dangerous Substances Act, in
good faith and in the course of the professional practice of the
veterinarian only, and not for use by a human being, may prescribe,
administer, and dispense controlled dangerous substances and may
cause them to be administered by an assistant or orderly under the
direction and supervision of the veterinarian.
C. An advanced practice nurse who is recognized to prescribe by
the Oklahoma Board of Nursing as an advanced registered nurse
practitioner, clinical nurse specialist or certified nurse-midwife,
who is subject to medical direction by a supervising physician,
pursuant to Section 567.3a of Title 59 of the Oklahoma Statutes, and
who has complied with the registration requirements of the Uniform
Controlled Dangerous Substances Act, in good faith and in the course
of professional practice only, may prescribe and administer Schedule
III, IV and V controlled dangerous substances.
D. An advanced practice nurse who is recognized to order,
select, obtain and administer drugs by the Oklahoma Board of Nursing
as a certified registered nurse anesthetist pursuant to Section
353.1b of Title 59 of the Oklahoma Statutes and who has complied
with the registration requirements of the Uniform Controlled
Dangerous Substances Act, in good faith and in the course of such
practitioner's professional practice only, may order, select, obtain
and administer Schedules II through V controlled dangerous
substances in a preanesthetic preparation or evaluation; anesthesia
induction, maintenance or emergence; or postanesthesia care setting
only. A certified registered nurse anesthetist may order, select,
obtain and administer such drugs only during the perioperative or
periobstetrical period.
E. A physician assistant who is recognized to prescribe by the
State Board of Medical Licensure and Supervision under Section 519.6
of Title 59 of the Oklahoma Statutes, and who has complied with the
registration requirements of the Uniform Controlled Dangerous
Substances Act, in good faith and in the course of professional
practice only, may prescribe and administer Schedule II through V
controlled dangerous substances subject to the restrictions in
Section 519.6 of Title 59 of the Oklahoma Statutes.
Added by Laws 1971, c. 119, § 2-312, operative Sept. 1, 1971.
Amended by Laws 1987, c. 20, § 3, eff. Nov. 1, 1987; Laws 1994, c.
52, § 5; Laws 1996, c. 186, § 10, eff. Nov. 1, 1996; Laws 1997, c.
250, § 13, eff. Nov. 1, 1997; Laws 1998, c. 128, § 6, eff. Nov. 1,
1998; Laws 2001, c. 385, § 6, eff. Nov. 1, 2001; Laws 2022, c. 184,
§ 2, eff. Nov. 1, 2022; Laws 2025, c. 343, § 9.
Oklahoma Statutes - Title 63. Public Health and Safety Page 965
§63-2-312v2. Physicians, podiatrists, optometrists, dentists,
veterinarians and advanced practice nurses - Authority to prescribe,
administer or dispense.
A. A physician, podiatrist, optometrist, or a dentist who has
complied with the registration requirements of the Uniform
Controlled Dangerous Substances Act, in good faith and in the course
of such person’s professional practice only, may prescribe and
administer controlled dangerous substances, or may cause the same to
be administered by medical or paramedical personnel acting under the
direction and supervision of the physician, podiatrist, optometrist,
or dentist, and only may dispense controlled dangerous substances
pursuant to the provisions of Sections 355.1 and 355.2 of Title 59
of the Oklahoma Statutes.
B. A veterinarian who has complied with the registration
requirements of the Uniform Controlled Dangerous Substances Act, in
good faith and in the course of the professional practice of the
veterinarian only, and not for use by a human being, may prescribe,
administer, and dispense controlled dangerous substances and may
cause them to be administered by an assistant or orderly under the
direction and supervision of the veterinarian.
C. An Advanced Practice Registered Nurse who is recognized to
prescribe by the Oklahoma Board of Nursing as a Certified Nurse
Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife
and who has complied with the registration requirements of the
Uniform Controlled Dangerous Substances Act, in good faith and in
the course of professional practice only, may prescribe and
administer Schedule III, IV, and V controlled dangerous substances.
If the Advanced Practice Registered Nurse has not obtained
independent prescriptive authority under Section 1 of this act, he
or she may only prescribe and administer such controlled dangerous
substances under the supervision of a supervising physician in
accordance with the Oklahoma Nursing Practice Act and Section 4 of
this act and shall not prescribe or administer any controlled
dangerous substance in a schedule that the supervising physician is
not registered to prescribe and administer.
D. An Advanced Practice Registered Nurse who is recognized to
order, select, obtain, and administer drugs by the Oklahoma Board of
Nursing as a Certified Registered Nurse Anesthetist pursuant to
Section 353.1b of Title 59 of the Oklahoma Statutes and who has
complied with the registration requirements of the Uniform
Controlled Dangerous Substances Act, in good faith and in the course
of such practitioner’s professional practice only, may order,
select, obtain, and administer Schedules II through V controlled
dangerous substances in a preanesthetic preparation or evaluation;
anesthesia induction, maintenance, or emergence; or postanesthesia
care setting only. A Certified Registered Nurse Anesthetist may
Oklahoma Statutes - Title 63. Public Health and Safety Page 966
order, select, obtain, and administer such drugs only during the
perioperative or periobstetrical period.
E. A physician assistant who is recognized to prescribe by the
State Board of Medical Licensure and Supervision under the medical
direction of a supervising physician, pursuant to Section 519.6 of
Title 59 of the Oklahoma Statutes, and who has complied with the
registration requirements of the Uniform Controlled Dangerous
Substances Act, in good faith and in the course of professional
practice only, may prescribe and administer Schedule II through V
controlled dangerous substances.
Added by Laws 1971, c. 119, § 2-312, operative Sept. 1, 1971.
Amended by Laws 1987, c. 20, § 3, eff. Nov. 1, 1987; Laws 1994, c.
52, § 5; Laws 1996, c. 186, § 10, eff. Nov. 1, 1996; Laws 1997, c.
250, § 13, eff. Nov. 1, 1997; Laws 1998, c. 128, § 6, eff. Nov. 1,
1998; Laws 2001, c. 385, § 6, eff. Nov. 1, 2001; Laws 2022, c. 184,
§ 2, eff. Nov. 1, 2022; Laws 2025, c. 340, § 10, eff. Nov. 1, 2025.
§63-2-313. Excepted preparations - Conditions of exemption.
A. Except as otherwise in this act specifically provided, this
act shall not apply to the following cases:
1. Prescribing, administering, dispensing, or selling at retail
not more than one of any of the following medicinal preparations
that contain in thirty (30) milliliters or, if a solid or semisolid
preparation, in one (1) avoirdupois ounce:
a. not more than one hundred sixty (160) milligrams of
opium;
b. not more than twenty (20) milligrams of morphine or of
any of its salts; or
c. not more than eighty (80) milligrams of codeine or any
of its salts.
2. Prescribing, administering, dispensing, or selling at retail
of liniments, ointments, and other preparations, that are
susceptible of external use only and that contain narcotic drugs in
such combinations as to prevent their being readily extracted from
such liniments, ointments, or preparations, except that this act
shall apply to all liniments, ointments and other preparations that
contain coca leaves in any quantity or combination.
B. The exemptions authorized by subparagraphs 1 and 2 of
subsection A of this section shall be subject to all of the
conditions set out in this subsection. The exemptions authorized by
subparagraph 3 of subsection A of this section shall not, however,
be subject to the conditions set out in subparagraphs 1, 2 or 3 of
this subsection, but shall be subject to subparagraph 4 of this
subsection.
1. No person shall prescribe, administer, dispense, or
distribute under the exemptions of this section, to any one person,
or for the use of any one person or animal, any preparation or
Oklahoma Statutes - Title 63. Public Health and Safety Page 967
preparations included within this section, when he knows, or can by
reasonable diligence ascertain, that such prescribing,
administering, dispensing or distributing will provide the persons
to whom or for whose use, or the owner of the animal for the use of
which such preparation is prescribed, administered, dispensed, or
distributed, within any forty-eight (48) consecutive hours, with
more than three hundred twenty (320) milligrams of opium, or more
than forty (40) milligrams of morphine or any of its salts, or more
than one hundred sixty (160) milligrams of codeine or any of its
salts, or will provide such person or the owner of such animal,
within forty-eight (48) consecutive hours, with more than one
preparation exempted by this section from the operation of this act.
2. This act shall not apply to any compound, mixture or
preparation which contains not more than one (1) drachm of paregoric
per thirty (30) milliliters.
3. The medicinal preparation, or the liniment, ointment, or
other preparation susceptible of external use only, prescribed,
administered, dispensed, or distributed, shall contain, in addition
to the narcotic drug in it, some drug or drugs conferring upon it
medicinal qualities other than those possessed by the narcotic drug
alone. Such preparation shall be prescribed, administered,
dispensed, and distributed in good faith as a medicine, and not for
the purpose of evading the provisions of this act.
4. The provisions of Section 2-314 of this act shall apply to
the preparations referred to in subsection A of this section.
Nothing in this section shall be construed to limit the kind and
quantity of any narcotic drug that may be prescribed, administered,
dispensed, or distributed to any person or for the use of any person
or animal when it is prescribed, administered, dispensed, or
distributed in compliance with the general provisions of this act.
Added by Laws 1971, c. 119, § 2-313, operative Sept. 1, 1971.
§63-2-314. Labels.
A. Whenever a manufacturer or wholesaler distributes a
controlled dangerous substance in a container prepared by him, he
shall securely affix to each individual container in which that
substance is contained a label showing in legible English the name
and address of the vendor and the quantity, kind, and form of
substance contained therein.
B. Whenever a pharmacist dispenses any controlled dangerous
substance, he shall affix to each immediate container in which such
substance is dispensed the prescription number, the date dispensed,
the patient's name, the name of the doctor, name and address of the
pharmacy for which he is lawfully acting; or, if the patient is an
animal, the name of the owner of the animal and words "for
veterinary use only".
Oklahoma Statutes - Title 63. Public Health and Safety Page 968
C. Whenever a practitioner dispenses any controlled dangerous
substance, he shall affix to each immediate container in which such
substance is dispensed a label showing date dispensed, his name, his
address, his state registration number, name of the patient, or, if
the patient is an animal, the name of the owner of the animal.
D. No person except a pharmacist for the purpose of filling a
prescription shall alter, deface, or remove any label so affixed.
Any person who violates the provisions of this subsection shall,
upon conviction, be guilty of a Class D3 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes.
Added by Laws 1971, c. 119, § 2-314, operative Sept. 1, 1971.
Amended by Laws 2025, c. 486, § 735, eff. Jan. 1, 2026.
§63-2-315. Submission of out-of-date controlled dangerous
substances for destruction.
A. Except as otherwise provided by law, any person required to
obtain an annual registration pursuant to Section 2-302 of this
title, or any group home, or residential care home as defined by
Section 1-820 of this title shall submit for destruction all
controlled dangerous substances which are out of date, which are
unwanted, unused or which are abandoned by their owner at their
facility due to death or other circumstances.
B. All controlled dangerous substances described in subsection
A of this section shall be submitted to the Oklahoma City laboratory
of the Oklahoma State Bureau of Investigation, along with all
required information on forms provided by the Oklahoma State Bureau
of Investigation, to the federal Drug Enforcement Administration, to
a duly registered reverse distributor, to the original registered
supplier or their registered agent, to a duly registered retail
pharmacy, or to a hospital or clinic with an on-site pharmacy
pursuant to the rules set forth in Part 1317 of Title 21 of the Code
of Federal Regulations. When any such substance is transported by
private contract or common carrier or United States Postal Service
for the purpose of destruction, the sender shall require a receipt
from such private contract or common carrier or United States Postal
Service, and such receipt shall be retained as a permanent record by
the sender.
C. Controlled dangerous substances submitted to the Oklahoma
State Bureau of Investigation pursuant to the provisions of this
section shall be destroyed pursuant to the procedures provided in
subsection A of Section 2-508 of this title.
Controlled dangerous substances submitted to any distributors,
reverse distributors or their original registered suppliers pursuant
to the provisions of this section shall be destroyed by incineration
so as to make the substance absolutely unusable for human purposes.
An official record listing the property destroyed, the location of
Oklahoma Statutes - Title 63. Public Health and Safety Page 969
destruction and disposal, and the name and title of the person
supervising the destruction and disposal shall be submitted to the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control and
the federal Drug Enforcement Administration office located nearest
the destruction site.
D. The Office of the Chief Medical Examiner is hereby
authorized to perform on-site incineration of all controlled
dangerous substances which are obtained in the discharge of the
official duties of the Chief Medical Examiner. Any record relating
to destruction of a controlled dangerous substance shall be
maintained as required by the state or federal government and shall
be available for inspection by appropriate state or federal
government regulatory agencies.
E. This section shall constitute a part of the Uniform
Controlled Dangerous Substances Act.
Added by Laws 1988, c. 308, § 10, operative Jan. 1, 1989. Amended
by Laws 1990, c. 144, § 7, emerg. eff. May 1, 1990; Laws 1992, c.
127, § 1, emerg. eff. April 27, 1992; Laws 1996, c. 306, § 8, emerg.
eff. June 10, 1996; Laws 2015, c. 305, § 6.
§63-2-321. Short title.
Sections 3 through 11 of this act shall constitute a part of the
Uniform Controlled Dangerous Substances Act and shall be known and
may be cited as the "Precursor Substances Act".
Added by Laws 1990, c. 220, § 3, eff. Sept. 1, 1990.
§63-2-322. Precursor substances - License or permit.
A. No person or business shall possess, sell, manufacture,
transfer, or otherwise furnish any of the following precursor
substances without first having a permit or license issued by the
Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, except as provided in Section 2-327 of this title:
1. D-Lysergic acid;
2. Ergotamine and its salts;
3. Ergonovine and its salts;
4. Methylamine;
5. Ethylamine;
6. Phenyl-2-Propanone;
7. Phenylacetic acid and its salts;
8. Norpseudoephedrine, its salts, optical isomers, and salts of
optical isomers;
9. Benzyl cyanide;
10. N-methylephedrine, its salts, optical isomers, and salts of
optical isomers;
11. Chloroephedrine, its salts, optical isomers, and salts of
optical isomers;
12. Piperidine and its salts;
Oklahoma Statutes - Title 63. Public Health and Safety Page 970
13. Pyrrolidine and its salts;
14. Propionic anhydride;
15. Isosafrole;
16. Safrole;
17. Piperonal; and
18. Red Phosphorus.
B. Upon completion of an application for a license pursuant to
Section 2-323 of this title, or a permit pursuant to Section 2-324
of this title, the Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control shall either grant or deny
such license or permit.
Added by Laws 1990, c. 220, § 4, eff. Sept. 1, 1990. Amended by
Laws 1998, c. 12, § 1, eff. Nov. 1, 1998; Laws 2023, c. 104, § 1,
eff. Nov. 1, 2023; Laws 2023, c. 375, § 5, emerg. eff. June 9, 2023.
§63-2-323. License to sell, transfer or otherwise furnish -
Application - Records - Fee.
A. A manufacturer, wholesaler, retailer, or other person who
sells, transfers, or otherwise furnishes any precursor substance
defined in Section 4 of this act must first obtain a license
annually from the Director of the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control.
B. The procedure for obtaining a license to sell, transfer,
manufacture, purchase for resale, or otherwise furnish a precursor
substance shall be as follows:
1. Obtain an application from the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control;
2. Submit the application to the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control; and
3. Demonstrate a legitimate reason to sell, transfer, or
otherwise furnish precursor chemicals.
C. The content of the application for a license shall include,
but not be limited to, the following information:
1. Name of business;
2. Address of business other than a post office box number;
3. Phone number of business;
4. Names and addresses of business owners;
5. Location of storage facility;
6. Identification of precursor substances to be sold; and
7. Criminal history of applicant.
D. A licensee shall make an accurate and legible record of any
transaction of precursor substances and maintain such record
together with the following records for a period of at least two (2)
years:
1. Inventory on hand;
2. Purchase receipts;
Oklahoma Statutes - Title 63. Public Health and Safety Page 971
3. Manufacturing records including the date and quantity of any
precursor substance manufactured, the quantity of precursor
substances used in manufacturing any other substance or product, and
the inventory on hand of precursor substances after the
manufacturing of any other substance or product;
4. Copies of the Oklahoma Bureau of Narcotics purchase permits
or written authorization waving the permit requirement, as provided
by subsection E of Section 6 of this act; and
5. Records of substance disposal.
E. The license shall cost One Hundred Dollars ($100.00)
annually and shall be renewable on July 1 of each year. The fee
shall be payable to the Oklahoma State Bureau of Narcotics Revolving
Fund.
Added by Laws 1990, c. 220, § 5, eff. Sept. 1, 1990.
§63-2-324. Permit to possess - Application Fee - Regular report in
lieu of permit.
A. Any person or business having a legitimate need for using
precursor substances defined in Section 4 of this act, shall apply
in person to the Director of Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, or his designee, for a permit to possess
such substances each time said substance is obtained.
B. The following must be submitted in person to the Director of
Oklahoma Bureau of Narcotics and Dangerous Drugs Control, or his
designee, to receive a permit for possession of precursor
substances:
1. A driver's license number or other personal identification
certificate number, date of birth, residential or mailing address,
other than a post office box number, and a driver's license or
personal identification card issued by the Department of Public
Safety which contains a photograph of the recipient. In the event
the applicant is a corporation, the information in this paragraph
shall be required of the person making application for the permit.
In addition, the person making application for the permit on behalf
of a corporation shall disclose his relationship to the corporation;
2. A complete description of how the substance is to be used;
and
3. The location where the substance is to be stored and used.
C. The permit shall consist of three parts, including:
1. A copy to be retained by the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control;
2. A copy to be retained by the manufacturer, wholesaler,
retailer, or other person furnishing precursor substances; and
3. A copy to be attached to the container of the precursor
substances and to be kept with the substances at all times.
Oklahoma Statutes - Title 63. Public Health and Safety Page 972
D. The permit shall cost Ten Dollars ($10.00) and shall be
payable to the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control Revolving Fund.
E. The Director may authorize in writing any person or business
to submit a comprehensive monthly report in lieu of the permit
required by this section, if the Director determines that the
recipient has established a record of utilization of the substance
solely for a lawful purpose.
Added by Laws 1990, c. 220, § 6, eff. Sept. 1, 1990.
§63-2-325. Annulment, suspension, or revocation of license or
permit – Grounds - Order to show cause - Administrative proceedings
- Suspension without order to show cause.
A. A license or permit, obtained pursuant to Section 2-323 or
2-324 of this title, shall be annulled, suspended, or revoked by the
Director upon finding that the licensee or permit holder has:
1. Materially falsified any application filed pursuant to
Section 2-321 et seq. of this title or required by the Precursor
Substances Act;
2. Been convicted of a misdemeanor relating to any precursor
substance defined in Section 2-322 of this title or any felony under
the laws of this state or the United States; or
3. Failed to maintain effective controls against the diversion
of the precursors to unauthorized persons or entities.
B. Before annulling, suspending, or revoking a license or
permit, the Director shall cause to be served upon the licensee or
permit holder an order to show cause why a license or a permit
should not be annulled, suspended, or revoked. The order to show
cause shall contain a statement of the basis therefor and shall call
upon the licensee or permit holder to appear before the appropriate
person or agency at the time and place within sixty (60) days after
the date of service of the order. The proceedings shall be
conducted in accordance with the Administrative Procedures Act
without regard to any criminal prosecution or other proceeding.
Nothing in this section shall be construed so as to require an
individual proceeding for the denial of a new license or permit.
C. The Director shall suspend, without an order to show cause,
any license or permit simultaneously with the institution of
proceedings described in subsection B of this section if the
Director finds there is imminent danger to the public health or
safety which warrants this action. The suspension shall continue in
effect until the conclusion of the proceedings, including judicial
review thereof, unless withdrawn by the Director or dissolved by a
court of competent jurisdiction.
Added by Laws 1990, c. 220, § 7, eff. Sept. 1, 1990; Laws 2023, c.
176, § 3, emerg. eff. May 2, 2023; Laws 2023, c. 375, § 6, emerg.
eff. June 9, 2023.
Oklahoma Statutes - Title 63. Public Health and Safety Page 973
§63-2-326. Discovery of loss or theft - Disposal - Reports - Other
duties.
A. Any person or business, licensed or permitted, who discovers
a loss or theft of, or disposes of a substance listed in Section 4
of this act shall:
1. Submit a report of the loss, theft, or disposal to the
Director of the Oklahoma Bureau of Narcotics and Dangerous Drugs
Control no later than the third business day after the date the
manufacturer, wholesaler, retailer, or other person discovers the
loss or theft, or after the actual disposal; and
2. Include the amount of loss, theft, or disposal in the
report. Any disposal of precursor substances must be done in
accordance with the rules and regulations of the United States
Environmental Protection Administration and shall be performed at
the expense of the permit or license holder.
B. A manufacturer, wholesaler, retailer, or other person who
sells, transfers, possesses, uses, or otherwise furnishes any
precursor substance shall:
1. Maintain records as specified in Section 5 of this act;
2. Permit agents of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control to conduct on-site audits, inspect inventory
on hand and inspect all records made in accordance with this act at
any reasonable time; and
3. Cooperate with the audit, and the full and complete
inspection or copying of any records.
Added by Laws 1990, c. 220, § 8, eff. Sept. 1, 1990.
§63-2-327. Application of act - Sale or transfer of certain
nonnarcotic products.
Sections 2-322 through 2-326 of this title shall not apply to
the sale or transfer of a nonnarcotic product that includes a
precursor substance defined in Section 2-322 of this title, if the
product may be sold lawfully with a prescription or over the counter
without a prescription pursuant to the Federal Food, Drug and
Cosmetic Act, 21 U.S.C. Section 301 et seq., or a rule adopted
pursuant thereto. Further, this act shall not apply to common
carriers in the transaction of business as common carriers. This
section shall not create an exemption for any person who has
knowledge that a product sold over the counter is intended to be
used to manufacture amphetamine or methamphetamine.
Added by Laws 1990, c. 220, § 9, eff. Sept. 1, 1990. Amended by
Laws 1999, c. 319, § 2, eff. July 1, 1999.
§63-2-328. Violations - Penalties.
Oklahoma Statutes - Title 63. Public Health and Safety Page 974
A. A person or business who manufactures, sells, transfers,
furnishes, or receives a precursor substance defined in Section 2-
322 of this title commits an offense if the person:
1. Does not comply with the requirements of Section 2-322, 2-
323 or 2-326 of this title; or
2. Knowingly makes a false statement in a report or record
required by Section 2-323 or 2-326 of this title.
B. Except as provided by subsection C of this section, an
offense under subsection A of this section is a misdemeanor and
punishable by imprisonment in the county jail for a term not to
exceed one (1) year or by a fine not to exceed Ten Thousand Dollars
($10,000.00).
C. A person who manufactures, sells, transfers, or otherwise
furnishes a precursor substance defined in Section 2-322 of this
title commits a Class B4 felony offense if the person manufactures,
sells, transfers, or furnishes the substance with the knowledge or
intent that the recipient shall use the substance to unlawfully
manufacture a controlled substance or a controlled substance analog.
D. A second or subsequent violation of subsection A of this
section shall be a Class B4 felony offense punishable by
imprisonment in the State Penitentiary for a term of not more than
ten (10) years or by a fine not to exceed Twenty-five Thousand
Dollars ($25,000.00), or by both such fine and imprisonment. Any
imprisonment imposed shall not run concurrent with other
imprisonment sentences for violations of other provisions of Title
63 of the Oklahoma Statutes.
E. A person who is required by Section 2-322 or 2-324 of this
title to have a permit for precursor substances commits an offense
if the person:
1. Purchases, obtains, or possesses a precursor substance
without having first obtained a permit;
2. Has in his possession or immediate control a precursor
substance with no attached permit;
3. Knowingly makes a false statement in an application or
report required by Section 2-324 or 2-326 of this title; or
4. Manufactures, sells, transfers, or otherwise furnishes any
person or business a precursor substance defined in Section 2-322 of
this title, who does not have a permit.
F. An offense under subsection C or E of this section is a
Class B4 felony offense punishable by imprisonment in the State
Penitentiary for a term of not more than ten (10) years or by a fine
not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both
such fine and imprisonment. Any imprisonment imposed shall not run
concurrent with other imprisonment sentences for violations of other
provisions of Title 63 of the Oklahoma Statutes.
Added by Laws 1990, c. 220, § 10, eff. Sept. 1, 1990. Amended by
Laws 1997, c. 133, § 528, eff. July 1, 1999; Laws 1999, 1st
Oklahoma Statutes - Title 63. Public Health and Safety Page 975
Ex.Sess., c. 5, § 381, eff. July 1, 1999; Laws 2025, c. 486, § 145,
eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 528 from July 1, 1998, to July 1, 1999.
§63-2-329. Drug cleanup fines - Disposition of fines collected.
A. In addition to any fine or imprisonment imposed under
Section 2-328 of this title, the following drug cleanup fine may be
imposed:
1. Up to Ten Thousand Dollars ($10,000.00) for violations
described in subsection A of Section 2-328 of this title or Section
2-401 of this title; and
2. Up to One Hundred Thousand Dollars ($100,000.00) for
violations described in subsections C, D or E of Section 2-328 of
this title.
B. All fines collected under this section shall be transferred
to the Bureau of Narcotics Revolving Fund, pursuant to Section 2-107
of this title.
Added by Laws 1990, c. 220, § 11, eff. Sept. 1, 1990. Amended by
Laws 2012, c. 83, § 3, eff. Nov. 1, 2012.
NOTE: Laws 2012, c. 80, § 7 repealed by Laws 2013, c. 15, § 75,
emerg. eff. April 8, 2013.
§63-2-330. Notification of seizure – Duty of law enforcement
agencies.
A. Every law enforcement agency in this state shall notify the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
within ten (10) days of any officer of such agency seizing:
1. Any precursor chemical, as defined in the Precursor
Substances Act, used or allegedly used, in full or in part, to
manufacture any controlled substance; and
2. Any drug paraphernalia relating to an illegal laboratory,
including but not limited to any glassware, instruments, devices,
utensils or other objects or equipment used or allegedly used, in
full or in part, to manufacture any controlled substance.
B. The Bureau may promulgate rules and forms to facilitate the
required notification pursuant to this section.
Added by Laws 1999, c. 56, § 1, emerg. eff. April 5, 1999.
§63-2-331. Seizure of devices or precursor chemicals – Notice by
peace officer to Bureau of Narcotics and Dangerous Drugs Control.
It shall be the duty of any peace officer of the State of
Oklahoma who seizes any glassware, instruments, devices, utensils or
precursor chemicals, as defined by Section 2-322 of Title 63 of the
Oklahoma Statutes, which have been used or were intended to be used
in the illicit manufacturing of any controlled dangerous substance,
Oklahoma Statutes - Title 63. Public Health and Safety Page 976
in full or in part, to make notice of the seizure in writing to the
Oklahoma Bureau of Narcotics and Dangerous Drugs Control.
Added by Laws 1999, c. 60, § 2, eff. July 1, 1999.
NOTE: This section was editorially renumbered from § 2-330 of this
title to avoid a duplication in numbering.
§63-2-332. Possession of substances to be used as precursor to
manufacture of methamphetamine or another controlled substance –
Presumption – Exceptions – Penalty – Registration - Records.
A. It shall be unlawful for a person to knowingly and
unlawfully possess a drug product containing ephedrine,
pseudoephedrine or phenylpropanolamine, or their salts, isomers or
salts of isomers with intent to use the product as a precursor to
manufacture methamphetamine or another controlled substance.
B. Except as provided in this subsection, possession of a drug
product containing more than seven and two-tenths (7.2) grams of
ephedrine, pseudoephedrine or phenylpropanolamine, or their salts,
isomers or salts of isomers shall constitute a rebuttable
presumption of the intent to use the product as a precursor to
methamphetamine or another controlled substance. The rebuttable
presumption established by this subsection shall not apply to the
following persons who are lawfully possessing drug products in the
course of legitimate business:
1. A retail distributor of drug products or wholesaler;
2. A wholesale drug distributor, or its agents, licensed by the
Board of Pharmacy;
3. A manufacturer of drug products, or its agents, licensed by
the Board of Pharmacy;
4. A pharmacist licensed by the Board of Pharmacy; and
5. A licensed health care professional possessing the drug
products in the course of carrying out his profession.
C. A violation of subsection A of this section shall be a Class
B2 felony offense punishable as provided for in subsection G of
Section 2-401 of this title.
D. Any wholesaler, manufacturer, or distributor of drug
products containing pseudoephedrine or phenylpropanolamine, or their
salts, isomers, or salts of isomers shall obtain a registration
annually from the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control. Any such wholesaler, manufacturer, or distributor
shall keep complete records of all transactions involving such drug
products including the names of all parties involved in the
transaction and amount of the drug products involved. The records
shall be kept readily retrievable and separate from all other
invoices or records of transactions not involving such drug
products, and shall be maintained for not less than three (3) years.
E. As used in this section:
Oklahoma Statutes - Title 63. Public Health and Safety Page 977
1. "Manufacturer" means any person within this state who
produces, compounds, packages, or in any manner initially prepares
for sale or use any drug product described in subsection D of this
section, or any such person in another state if they cause the
products to be compounded, packaged, or transported into this state;
2. "Wholesaler" means any person within this state or another
state, other than a manufacturer, who sells, transfers, or in any
manner furnishes a drug product described in subsection A of this
section to any other person in this state for the purpose of being
resold;
3. "Distributor" means any person within this state or another
state, other than a manufacturer or wholesaler, who sells, delivers,
transfers, or in any manner furnishes a drug product described in
subsection A of this section to any person who is not the ultimate
user or consumer of the product; and
4. "Readily retrievable" means available for inspection without
prior notice at the registration address if that address is within
the State of Oklahoma. If the registration address is in a state
other than Oklahoma, it means records must be furnished within three
(3) working days by courier, facsimile, mail or electronic mail.
F. Any substances possessed without a registration as provided
in subsection D of this section shall be subject to forfeiture upon
conviction for a violation of this section.
G. In addition to any administrative penalties provided by law,
any violation of subsection D of this section shall be a
misdemeanor, punishable upon conviction by a fine only in an amount
not more than Ten Thousand Dollars ($10,000.00).
Added by Laws 2002, c. 288, § 1, eff. July 1, 2002. Amended by Laws
2003, c. 133, § 3, emerg. eff. April 25, 2003; Laws 2004, c. 59, §
4, emerg. eff. April 6, 2004; Laws 2013, c. 181, § 6, eff. Nov. 1,
2013; Laws 2025, c. 486, § 79, eff. Jan. 1, 2026.
§63-2-333. Knowingly selling, transferring, distributing, or
dispensing products to be used in the production of certain
controlled substances – Penalty - Damages.
A. It shall be unlawful for any person to knowingly sell,
transfer, distribute, or dispense any product containing ephedrine,
pseudoephedrine or phenylpropanolamine, or their salts, isomers or
salts of isomers if the person knows that the purchaser will use the
product as a precursor to manufacture methamphetamine or another
controlled illegal substance or if the person sells, transfers,
distributes or dispenses the product with reckless disregard as to
how the product will be used.
B. A violation of this section shall be a Class B4 felony
offense punishable by imprisonment in the State Penitentiary for a
term of not more than ten (10) years.
Oklahoma Statutes - Title 63. Public Health and Safety Page 978
C. Any person who sells, transfers, distributes, dispenses, or
in any manner furnishes any product containing pseudoephedrine or
phenylpropanolamine, or their salts, isomers, or salts of isomers in
a negligent manner, with knowledge or reason to know that the
product will be used as a precursor to manufacture methamphetamine
or any other illegal controlled substance, or with reckless
disregard as to how the product will be used, shall be liable for
all damages, whether directly or indirectly caused by the sale,
transfer, distribution, dispensation, or furnishing.
1. Such damages may include, but are not limited to, any and
all costs of detecting, investigating, and cleaning up or
remediating clandestine or other unlawfully operated or maintained
laboratories where controlled dangerous substances are manufactured,
any and all costs of prosecuting criminal cases arising from such
manufacture, and any and all consequential and punitive damages
otherwise allowed by law.
2. A civil action to recover damages against persons,
corporations or other entities violating this subsection may be
brought only by the Attorney General, the Director of the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control or by any
district attorney in whose jurisdiction such person may be shown to
have committed such violation. Any funds recovered from such an
action shall be used for payment or reimbursement of costs arising
from investigating or prosecuting criminal or civil cases involving
the manufacture of controlled dangerous substances, for drug
education programs, or for payment or reimbursement of remediating
contaminated methamphetamine laboratory sites.
D. Violation of subsection A or C of this section shall be
considered to affect at the same time an entire community or
neighborhood, or any considerable number of persons, although the
extent of the annoyance or damage inflicted upon the individuals may
be unequal and is subject to the provisions of Section 2 of Title 50
of the Oklahoma Statutes and Section 1397 of Title 12 of the
Oklahoma Statutes.
Added by Laws 2002, c. 288, § 2, eff. July 1, 2002. Amended by Laws
2003, c. 133, § 4, emerg. eff. April 25, 2003; Laws 2008, c. 359, §
10, emerg. eff. June 3, 2008; Laws 2025, c. 486, § 146, eff. Jan. 1,
2026.
§63-2-341. Pharmacy electronic drug-tracking service.
A. Beginning January 1, 2013, any pharmacy that dispenses,
sells or distributes any compound mixture or preparation containing
any detectable quantity of base pseudoephedrine or ephedrine, its
salts or optical isomers, or salts of optical isomers shall maintain
an electronic record of the sale. The electronic record of the sale
shall include the following information:
1. Name and address of the purchaser;
Oklahoma Statutes - Title 63. Public Health and Safety Page 979
2. Date of birth of the purchaser;
3. Type of identification and number;
4. Date and time of the purchase;
5. Name and quantity of base pseudoephedrine or ephedrine
purchased in grams, but not the overall weight of the products; and
6. Name, initials and registration number of the licensed
pharmacist or registered pharmacy technician.
If the electronic tracking service is not able to record the
identification type and identification number of the purchaser, the
licensed pharmacist or a registered pharmacy technician shall write
the identification type and number on the order. The electronic
record shall also be maintained in a manner that allows for the
determination of the equivalent number of packages purchased and
total quantity of base ephedrine or pseudoephedrine purchased.
B. By January 1, 2013, each pharmacy in this state shall have
in place and operational all equipment necessary to access and use a
real-time electronic methamphetamine precursor tracking service
which is approved by the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control. The electronic methamphetamine precursor
tracking service shall be available free of charge to all law
enforcement agencies within the state for purposes of viewing and
searching the database. Pharmacies shall be permitted to access
only the information that is submitted by the pharmacy and such
access shall be available free of charge. The electronic
methamphetamine precursor tracking service shall be self-sustaining
and shall not require the use of any public funds in the form of
state or federal fees or taxes, to create, deploy, or operate. The
tracking service shall operate and communicate in real-time
throughout the state and across state lines with similar multistate
systems. The tracking service shall be capable of tracking all
required information and generating a stop-sale alert to notify a
pharmacy that an attempted purchase by a person of pseudoephedrine
or ephedrine exceeds the quantity limits set forth in Section 2-212
of Title 63 of the Oklahoma Statutes. The tracking service shall
have the capability of stopping an illegal purchase in real-time and
shall contain an override function that allows a pharmacy to
complete a sale in violation of this section if the circumstances
require that such sale be completed. The tracking service shall be
in real time and track all override sales made by the pharmacy. The
Bureau shall select a vendor that meets the requirements specified
in this section by no later than October 1, 2012.
C. Beginning January 1, 2013, before completing the sale of an
over-the-counter product containing pseudoephedrine or ephedrine, a
pharmacy shall electronically submit the required information to the
electronic methamphetamine precursor tracking service. The pharmacy
shall not complete the sale of the product if the electronic
Oklahoma Statutes - Title 63. Public Health and Safety Page 980
methamphetamine precursor tracking service generates a stop-sale
alert.
D. Absent intentional violation of this act, any pharmacy
utilizing the electronic methamphetamine precursor tracking service
in accordance with this section shall not be civilly liable as a
result of any act or omission in carrying out the duties required by
this section. Such pharmacies shall also be immune from liability
to any third party unless the pharmacy has violated a provision of
this section in relation to a claim brought for such violation. The
provisions of this section shall not apply to a person who obtains
the product or products pursuant to a valid prescription.
E. The information entered, stored and maintained by the
electronic methamphetamine precursor tracking service shall be
confidential and shall only be accessed by law enforcement
officials, health care professionals and licensed pharmacists for
the purpose of controlling the sale of methamphetamine precursors.
F. If a pharmacy selling an over-the-counter product containing
pseudoephedrine or ephedrine experiences mechanical or electronic
failure of the electronic tracking service and is unable to comply
with the provisions of this section, the pharmacy shall maintain a
written log until such time as the pharmacy is able to comply with
the electronic tracking service requirements.
G. A pharmacy selling an over-the-counter product containing
pseudoephedrine or ephedrine may seek an exemption from submitting
transactions to the electronic tracking service in writing to the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
stating the reasons for such exemption. The Bureau may grant an
exemption for good cause, but in no event shall such exemption
exceed one hundred eighty (180) days. Any pharmacy that receives an
exemption shall maintain a hard-copy logbook and shall require the
purchaser to provide the information required pursuant to subsection
A of this section before completion of any sale. The logbook shall
be maintained as a record of each sale for inspection by any law
enforcement official during normal business hours.
H. All data that is collected from the pharmacies of this state
and stored in the electronic methamphetamine precursor tracking
service shall be downloaded and exported by electronic means to the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control at
least every twenty-four (24) hours. The export of data shall be in
a version that is in compliance with the standards agreed to by both
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
and the provider of the electronic methamphetamine precursor
tracking service. The export of data shall be executed by way of a
memorandum of understanding and without charge to the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control. Any and all data
exported to, obtained by, gathered by, transmitted to or stored by
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
Oklahoma Statutes - Title 63. Public Health and Safety Page 981
or its designee shall be the property of the state. The Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control shall have the
authority to control, administer, and disseminate at the discretion
of the Bureau, the transaction data for the purpose of enforcing
federal and state laws. In addition to exporting data to the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
real-time access to information contained in the electronic
methamphetamine precursor tracking service through an online portal
shall be provided to all law enforcement agencies within the state
free of charge.
I. The electronic methamphetamine precursor tracking service
shall generate a stop-sale alert if completion of a sale would
result in the seller or purchaser violating the quantity limits set
forth in Section 2-212 of Title 63 of the Oklahoma Statutes. The
electronic tracking service shall contain an override function that
may be used by a dispenser of pseudoephedrine or ephedrine products
who has a reasonable fear of imminent bodily harm if the sale is not
completed. Each instance in which the override function is utilized
shall be logged by the electronic tracking service.
J. A person who violates any of the provisions of this section
shall, upon conviction, be guilty of a misdemeanor punishable by a
fine of not more than One Thousand Dollars ($1,000.00). If the
person convicted is a licensed pharmacist or registered pharmacy
technician, the violation shall be reported to the State Board of
Pharmacy for review and appropriate action.
Added by Laws 2012, c. 206, § 1, eff. July 1, 2012.
§63-2-401. Prohibited acts A - Penalties.
A. Except as authorized by the Uniform Controlled Dangerous
Substances Act, it shall be unlawful for any person:
1. To distribute, dispense, transport with intent to distribute
or dispense, possess with intent to manufacture, distribute, or
dispense, a controlled dangerous substance or to solicit the use of
or use the services of a person less than eighteen (18) years of age
to cultivate, distribute or dispense a controlled dangerous
substance;
2. To create, distribute, transport with intent to distribute
or dispense, or possess with intent to distribute, a counterfeit
controlled dangerous substance; or
3. To distribute any imitation controlled substance as defined
by Section 2-101 of this title, except when authorized by the Food
and Drug Administration of the United States Department of Health
and Human Services.
B. Any person who violates the provisions of this section with
respect to:
1. A substance classified in Schedule I or II, except for
marijuana, upon conviction, shall be guilty of transporting or
Oklahoma Statutes - Title 63. Public Health and Safety Page 982
possessing with an intent to distribute a controlled dangerous
substance, a Class C2 felony offense, and shall be sentenced to a
term of imprisonment as provided for in subsections B through F of
Section 20M of Title 21 of the Oklahoma Statutes, and a fine not
more than One Hundred Thousand Dollars ($100,000.00), which shall be
in addition to other punishment provided by law and shall not be
imposed in lieu of other punishment. A second conviction for the
violation of provisions of this paragraph is a Class C2 felony
offense punishable by a term of imprisonment as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes. A third or subsequent conviction for the violation of the
provisions of this paragraph is a Class C2 felony offense punishable
by a term of imprisonment as provided for in subsections B through F
of Section 20M of Title 21 of the Oklahoma Statutes;
2. Any other controlled dangerous substance classified in
Schedule III, IV, V or marijuana, upon conviction, shall be guilty
of a Class D1 felony offense and shall be sentenced to a term of
imprisonment as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes and a fine not more than
Twenty Thousand Dollars ($20,000.00), which shall be in addition to
other punishment provided by law and shall not be imposed in lieu of
other punishment. A second conviction for the violation of the
provisions of this paragraph is a Class D1 felony offense punishable
by a term of imprisonment as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes. A third or
subsequent conviction for the violation of the provisions of this
paragraph is a Class D1 felony offense punishable by a term of
imprisonment as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes; or
3. An imitation controlled substance as defined by Section 2-
101 of this title, upon conviction, shall be guilty of a misdemeanor
and shall be sentenced to a term of imprisonment in the county jail
for a period not more than one (1) year and a fine not more than One
Thousand Dollars ($1,000.00). A person convicted of a second
violation of the provisions of this paragraph shall be guilty of a
Class D2 felony offense and shall be sentenced to a term of
imprisonment as provided for in subsections B through F of Section
20O of Title 21 of the Oklahoma Statutes, and a fine not more than
Five Thousand Dollars ($5,000.00), which shall be in addition to
other punishment provided by law and shall not be imposed in lieu of
other punishment.
C. 1. Except when authorized by the Food and Drug
Administration of the United States Department of Health and Human
Services, it shall be unlawful for any person to manufacture or
distribute a controlled substance or synthetic controlled substance.
2. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to distributing a
Oklahoma Statutes - Title 63. Public Health and Safety Page 983
controlled substance is guilty of a Class C2 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes, and a
fine not more than Twenty-five Thousand Dollars ($25,000.00), which
shall be in addition to other punishment provided by law and shall
not be imposed in lieu of other punishment.
3. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with respect to distributing a
controlled substance is a Class C2 felony offense punishable by
imprisonment as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes. A third or subsequent
conviction for the violation of the provisions of this paragraph is
a Class C2 felony offense punishable by imprisonment as provided for
in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes.
4. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to manufacturing a
controlled substance is guilty of a Class C2 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes, and a
fine not more than Twenty-five Thousand Dollars ($25,000.00), which
shall be in addition to other punishment provided by law and shall
not be imposed in lieu of other punishment.
5. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with respect to manufacturing a
controlled substance is a Class C2 felony offense punishable by
imprisonment as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes. A third or subsequent
conviction for the violation of the provisions of this paragraph is
a Class C2 felony offense punishable by imprisonment as provided for
in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes.
D. Convictions for violations of the provisions of this section
shall be subject to the statutory provisions for suspended or
deferred sentences, or probation as provided in Section 991a of
Title 22 of the Oklahoma Statutes.
E. Any person who is at least eighteen (18) years of age and
who violates the provisions of this section by using or soliciting
the use of services of a person less than eighteen (18) years of age
to distribute, dispense, transport with intent to distribute or
dispense or cultivate a controlled dangerous substance or by
distributing a controlled dangerous substance to a person under
eighteen (18) years of age, or in the presence of a person under
twelve (12) years of age, is guilty of a Class C1 felony offense
punishable by:
Oklahoma Statutes - Title 63. Public Health and Safety Page 984
1. For a first violation of this subsection, a term of
imprisonment in the custody of the Department of Corrections not
less than two (2) years nor more than ten (10) years;
2. For a second violation of this subsection, a term of
imprisonment in the custody of the Department of Corrections for not
less than four (4) years nor more than twenty (20) years; or
3. For a third or subsequent violation of this subsection, a
term of imprisonment in the custody of the Department of Corrections
for not less than ten (10) years nor more than life.
F. Any person who violates any provision of this section by
transporting with intent to distribute or dispense, distributing or
possessing with intent to distribute a controlled dangerous
substance to a person, or violation of subsection G of this section,
in or on, or within two thousand (2,000) feet of the real property
comprising a public or private elementary or secondary school,
public vocational school, public or private college or university,
or other institution of higher education, recreation center or
public park, including a state park or recreation area, public
housing project, or child care facility as defined by Section 402 of
Title 10 of the Oklahoma Statutes, shall be guilty of a Class C1
felony offense and shall be punished by:
1. For a first offense, a term of imprisonment as provided for
in subsections B through E of Section 20L of Title 21 of the
Oklahoma Statutes; or
2. For a second or subsequent violation of this section, a term
of imprisonment as provided for in subsections B through E of
Section 20L of Title 21 of the Oklahoma Statutes, or by the
imposition of a fine, or by both, not exceeding thrice that
authorized by the appropriate provision of this section.
Convictions for second and subsequent violations of the provisions
of this section shall not be subject to statutory provisions of
suspended sentences, deferred sentences or probation.
G. 1. Except as authorized by the Uniform Controlled Dangerous
Substances Act, it shall be unlawful for any person to manufacture
or attempt to manufacture any controlled dangerous substance or
possess any substance listed in Section 2-322 of this title or any
substance containing any detectable amount of pseudoephedrine or its
salts, optical isomers or salts of optical isomers, iodine or its
salts, optical isomers or salts of optical isomers, hydriodic acid,
sodium metal, lithium metal, anhydrous ammonia, phosphorus, or
organic solvents with the intent to use that substance to
manufacture a controlled dangerous substance.
2. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance, possessing any
substance listed in this subsection or Section 2-322 of this title,
or combining fentanyl with any other controlled dangerous substance,
Oklahoma Statutes - Title 63. Public Health and Safety Page 985
upon conviction, is guilty of a Class A2 felony offense and shall be
punished by imprisonment in the custody of the Department of
Corrections for not less than seven (7) years nor more than life and
by a fine not less than Fifty Thousand Dollars ($50,000.00), which
shall be in addition to other punishment provided by law and shall
not be imposed in lieu of other punishment. The possession of any
amount of anhydrous ammonia in an unauthorized container shall be
prima facie evidence of intent to use such substance to manufacture
a controlled dangerous substance.
3. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance in the following
amounts:
a. one (1) kilogram or more of a mixture or substance
containing a detectable amount of heroin,
b. five (5) kilograms or more of a mixture or substance
containing a detectable amount of:
(1) coca leaves, except coca leaves and extracts of
coca leaves from which cocaine, ecgonine, and
derivatives of ecgonine or their salts have been
removed,
(2) cocaine, its salts, optical and geometric
isomers, and salts of isomers,
(3) ecgonine, its derivatives, their salts, isomers,
and salts of isomers, or
(4) any compound, mixture, or preparation which
contains any quantity of any of the substances
referred to in divisions (1) through (3) of this
subparagraph,
c. fifty (50) grams or more of a mixture or substance
described in division (2) of subparagraph b of this
paragraph which contains cocaine base,
d. one hundred (100) grams or more of phencyclidine (PCP)
or one (1) kilogram or more of a mixture or substance
containing a detectable amount of phencyclidine (PCP),
e. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD),
f. four hundred (400) grams or more of a mixture or
substance containing a detectable amount of N-phenyl-
N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100
grams or more of a mixture or substance containing a
detectable amount of any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide,
g. one thousand (1,000) kilograms or more of a mixture or
substance containing a detectable amount of marijuana
Oklahoma Statutes - Title 63. Public Health and Safety Page 986
or one thousand (1,000) or more marijuana plants
regardless of weight,
h. fifty (50) grams or more of methamphetamine, its
salts, isomers, and salts of its isomers or five
hundred (500) grams or more of a mixture or substance
containing a detectable amount of methamphetamine, its
salts, isomers, or salts of its isomers, or
i. ten (10) grams or more of a mixture or substance
containing a detectable amount of fentanyl, its
analogs, or derivatives,
upon conviction, is guilty of aggravated manufacturing of a
controlled dangerous substance, a Class A1 felony offense,
punishable by imprisonment in the custody of the Department of
Corrections for not less than twenty (20) years nor more than life
and by a fine not less than Fifty Thousand Dollars ($50,000.00),
which shall be in addition to other punishment provided by law and
shall not be imposed in lieu of other punishment. Any person
convicted of a violation of the provisions of this paragraph shall
be required to serve a minimum of eighty-five percent (85%) of the
sentence received prior to becoming eligible for state correctional
earned credits towards the completion of the sentence or eligible
for parole.
4. Any sentence to the custody of the Department of Corrections
for any violation of paragraph 3 of this subsection shall not be
subject to statutory provisions for suspended sentences, deferred
sentences, or probation. A person convicted of a second or
subsequent violation of the provisions of paragraph 3 of this
subsection shall be punished as a habitual offender pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes and shall be
required to serve a minimum of eighty-five percent (85%) of the
sentence received prior to becoming eligible for state correctional
earned credits or eligibility for parole.
5. Any person who has been convicted of manufacturing or
attempting to manufacture methamphetamine pursuant to the provisions
of this subsection and who, after such conviction, purchases or
attempts to purchase, receive or otherwise acquire any product,
mixture, or preparation containing any detectable quantity of base
pseudoephedrine or ephedrine shall, upon conviction, be guilty of a
Class B3 felony offense punishable by imprisonment in the custody of
the Department of Corrections for a term in the range of twice the
minimum term provided for in paragraph 2 of this subsection.
H. Any person convicted of any offense described in the Uniform
Controlled Dangerous Substances Act may, in addition to the fine
imposed, be assessed an amount not to exceed ten percent (10%) of
the fine imposed. Such assessment shall be paid into a revolving
fund for enforcement of controlled dangerous substances created
pursuant to Section 2-506 of this title.
Oklahoma Statutes - Title 63. Public Health and Safety Page 987
I. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
J. For purposes of this section, “public housing project” means
any dwelling or accommodations operated as a state or federally
subsidized multifamily housing project by any housing authority,
nonprofit corporation or municipal developer or housing projects
created pursuant to the Oklahoma Housing Authorities Act.
K. When a person is found guilty of a violation of the
provisions of this section, the court shall order, in addition to
any other penalty, the defendant to pay a one-hundred-dollar
assessment to be deposited in the Drug Abuse Education and Treatment
Revolving Fund created in Section 2-503.2 of this title, upon
collection.
L. Any person convicted of a second or subsequent felony
violation of the provisions of this section, except for paragraphs 1
and 2 of subsection B of this section, paragraphs 2, 3, 4 and 5 of
subsection C of this section, paragraphs 1, 2, and 3 of subsection E
of this section and paragraphs 1 and 2 of subsection F of this
section, shall be punished as a habitual offender pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes.
Added by Laws 1971, c. 119, § 2-401, operative Sept. 1, 1971.
Amended by Laws 1975, c. 22, § 1; Laws 1981, c. 229, § 1, emerg.
eff. June 22, 1981; Laws 1982, c. 12, § 3, operative Oct. 1, 1982;
Laws 1984, c. 127, § 5, eff. Nov. 1, 1984; Laws 1984, c. 196, § 1,
eff. Nov. 1, 1984; Laws 1985, c. 186, § 2, eff. July 1, 1985; Laws
1986, c. 199, § 1, eff. Nov. 1, 1986; Laws 1986, c. 240, § 10, eff.
Nov. 1, 1986; Laws 1989, c. 114, § 1, eff. Nov. 1, 1989; Laws 1989,
c. 237, § 2, eff. Nov. 1, 1989; Laws 1990, c. 232, § 6, emerg. eff.
May 18, 1990; Laws 1991, c. 179, § 2, eff. Sept. 1, 1991; Laws 1992,
c. 86, § 1, eff. Sept. 1, 1992; Laws 1994, c. 307, § 2, emerg. eff.
June 7, 1994; Laws 1997, c. 133, § 529, eff. July 1, 1999; Laws
1999, c. 152, § 1, eff. Nov. 1, 1999; Laws 1999, c. 319, § 1, eff.
July 1, 1999; Laws 2000, c. 265, § 1, emerg. eff. June 1, 2000; Laws
2001, c. 437, § 31, eff. July 1, 2001; Laws 2002, c. 22, § 23,
emerg. eff. March 8, 2002; Laws 2003, c. 133, § 5, emerg. eff. April
25, 2003; Laws 2003, c. 437, § 2, eff. July 1, 2003; Laws 2004, c.
59, § 5, emerg. eff. April 6, 2004; Laws 2004, c. 275, § 14, eff.
July 1, 2004; Laws 2004, c. 396, § 2, eff. Sept. 1, 2004; Laws 2005,
c. 283, § 4, eff. Nov. 1, 2005; Laws 2012, c. 206, § 4, eff. July 1,
2012; Laws 2018, c. 130, § 1, eff. Nov. 1, 2018; Laws 2024, c. 77, §
1, eff. Nov. 1, 2024; Laws 2025, c. 486, § 13, eff. Jan. 1, 2026.
NOTE: Laws 1997, c. 59, § 1 repealed by Laws 1999, 1st Ex. Sess.,
c. 5, § 452, eff. July 1, 1999. Laws 2001, c. 373, § 4 repealed by
Oklahoma Statutes - Title 63. Public Health and Safety Page 988
Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002. Laws 2004, c.
116, § 2 repealed by Laws 2004, c. 396, § 11, eff. Sept. 1, 2004.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 529 from July 1, 1998, to July 1, 1999.
NOTE: Laws 2004, c. 530, § 2 amended the effective date of Laws
2004, c. 396, § 12 from Nov. 1, 2004, to Sept. 1, 2004.
§63-2-401A. Repealed by Laws 1992, c. 86, § 3, eff. Sept. 1, 1992.
§63-2-402. Prohibited acts B - Penalties.
A. 1. It shall be unlawful for any person knowingly or
intentionally to possess a controlled dangerous substance unless
such substance was obtained directly, or pursuant to a valid
prescription or order from a practitioner, while acting in the
course of his or her professional practice, or except as otherwise
authorized by Section 2-101 et seq. of this title.
2. It shall be unlawful for any person to purchase any
preparation excepted from the provisions of the Uniform Controlled
Dangerous Substances Act pursuant to Section 2-313 of this title in
an amount or within a time interval other than that permitted by
Section 2-313 of this title.
3. It shall be unlawful for any person or business to sell,
market, advertise or label any product containing ephedrine, its
salts, optical isomers, or salts of optical isomers, for the
indication of stimulation, mental alertness, weight loss, appetite
control, muscle development, energy or other indication which is not
approved by the pertinent federal OTC Final Monograph, Tentative
Final Monograph, or FDA-approved new drug application or its legal
equivalent. In determining compliance with this requirement, the
following factors shall be considered:
a. the packaging of the product,
b. the name of the product, and
c. the distribution and promotion of the product,
including verbal representations made at the point of
sale.
B. 1. Any person who violates this section is guilty of a
misdemeanor punishable by confinement for not more than one (1) year
and by a fine not exceeding One Thousand Dollars ($1,000.00).
2. Any person who violates this section a second time within
ten (10) years, upon conviction, shall be guilty of a misdemeanor.
The court may, with the consent of the defendant, order the
defendant to complete a substance abuse assessment and evaluation
and to complete a diversion program for up to one (1) year following
the date of conviction in lieu of other punishments. At the
discretion of the court, the diversion program may include drug
testing as a requirement. If the defendant refuses or fails to
complete the assessment and evaluation or diversion program, the
Oklahoma Statutes - Title 63. Public Health and Safety Page 989
court may impose punishment as provided for in paragraph 1 of this
subsection. The provisions of this paragraph shall not apply to
violations related to the possession of marijuana.
3. Any person who violates this section a third time within ten
(10) years shall, upon conviction, be guilty of a misdemeanor
punishable by a fine not exceeding One Thousand Dollars ($1,000.00),
imprisonment in the county jail for a minimum of thirty (30) days,
or by both such fine and imprisonment. The court may, with the
consent of the defendant, order the defendant to complete a
substance abuse assessment and evaluation and to complete a
diversion program for up to three (3) years following the date of
conviction. At the discretion of the court, the diversion program
may include drug testing as a requirement. If the defendant refuses
or fails to complete the assessment and evaluation or diversion
program, the court may impose punishment as provided for in
paragraph 1 of this subsection. The provisions of this paragraph
shall not apply to violations related to the possession of
marijuana.
4. a. Any person who violates this section a fourth time
within ten (10) years shall, upon conviction, be
guilty of a felony punishable by a fine not exceeding
Five Thousand Dollars ($5,000.00), imprisonment in the
custody of the Department of Corrections for not less
than one (1) year nor more than five (5) years, or by
both such fine and imprisonment.
b. Upon a verdict or plea of guilty or upon a plea of
nolo contendere, but before a judgment of guilt of a
violation of this paragraph, the court may, without
entering a judgment of guilt and with the consent of
the defendant, defer further proceedings upon the
specific conditions prescribed by the court not to
exceed a three-year period. The court may, with the
consent of the defendant, order the defendant to
complete a substance abuse assessment and evaluation
and to complete a diversion program for up to three
(3) years.
c. Upon successful completion of the court-ordered
substance abuse assessment and evaluation and
diversion program within the time prescribed, the
felony charge shall be changed to a misdemeanor. If
the defendant refuses or fails to complete the
assessment and evaluation or diversion program, the
court may impose punishment as provided for in
subparagraph a of this paragraph.
d. The provisions of this paragraph shall not apply to
violations related to the possession of marijuana.
Oklahoma Statutes - Title 63. Public Health and Safety Page 990
C. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
Added by Laws 1971, c. 119, § 2-402, operative Sept. 1, 1971.
Amended by Laws 1972, c. 229, § 5, emerg. eff. April 7, 1972; Laws
1981, c. 34, § 1, eff. Oct. 1, 1981; Laws 1984, c. 127, § 6, eff.
Nov. 1, 1984; Laws 1987, c. 138, § 7, emerg. eff. June 19, 1987;
Laws 1992, c. 86, § 2, eff. Sept. 1, 1992; Laws 1993, c. 311, § 1,
emerg. eff. June 7, 1993; Laws 1995, c. 147, § 3, eff. Nov. 1, 1995;
Laws 1997, c. 133, § 530, eff. July 1, 1999; Laws 1999, 1st Ex.
Sess., c. 5, § 382, eff. July 1, 1999; Laws 2004, c. 396, § 3, eff.
Sept. 1, 2004; Laws 2009, c. 306, § 1, eff. Nov. 1, 2009; Laws 2012,
c. 228, § 10, eff. Nov. 1, 2012; State Question No. 780, Initiative
Petition No. 404, § 3, adopted at General Election held on November
8, 2016, eff. July 1, 2017; Laws 2023, c. 266, § 1, eff. Nov. 1,
2023.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 530 from July 1, 1998, to July 1, 1999.
NOTE: Laws 2004, c. 530, § 2 amended the effective date of Laws
2004, c. 396, § 12 from Nov. 1, 2004, to Sept. 1, 2004.
§63-2-403. Prohibited acts C - Penalties.
A. Any person found guilty of larceny, burglary or theft of
controlled dangerous substances is guilty of a Class C2 felony
offense punishable by imprisonment as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes. A
second or subsequent offense under this subsection is a Class C2
felony offense punishable by imprisonment as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes. Convictions for second or subsequent violations of this
subsection shall not be subject to statutory provisions for
suspended sentences, deferred sentences or probation.
B. Any person found guilty of robbery or attempted robbery of
controlled dangerous substances from a practitioner, manufacturer,
distributor or agent thereof as defined in Section 2-101 of this
title is guilty of a Class A2 felony offense punishable by
imprisonment for a period of not less than five (5) years, and such
sentence shall not be subject to statutory provisions for suspended
sentences, deferred sentences or probation. A second or subsequent
offense under this subsection is a Class A2 felony offense
punishable by life imprisonment. Convictions for second or
subsequent offenses of this subsection shall not be subject to
statutory provisions for suspended sentences, deferred sentences or
probation.
Oklahoma Statutes - Title 63. Public Health and Safety Page 991
Added by Laws 1971, c. 119, § 2-403, operative Sept. 1, 1971.
Amended by Laws 1983, c. 82, § 1, emerg. eff. May 3, 1983; Laws
2025, c. 486, § 34, eff. Jan. 1, 2026.
§63-2-404. Prohibited acts D - Penalties.
A. It shall be unlawful for any person:
1. Who is subject to the requirements of Article III of this
act to distribute or dispense a controlled dangerous substance in
violation of Section 2-308 of this title;
2. Who is a registrant to manufacture, distribute, or dispense
a controlled dangerous substance not authorized by his registration
to another registrant or other authorized person;
3. To omit, remove, alter, or obliterate a symbol required by
the Federal Controlled Substances Act or this act;
4. To refuse or fail to make, keep, or furnish any record,
notification, order form, statement, invoice, or information
required under this act;
5. To refuse any entry into any premises or inspection
authorized by this act; or
6. To keep or maintain any store, shop, warehouse, dwelling
house, building, vehicle, boat, aircraft, or any place whatever,
which is resorted to by persons using controlled dangerous
substances in violation of this act for the purpose of using such
substances, or which is used for the keeping or selling of the same
in violation of this act.
B. Any person who violates this section is punishable by a
civil fine of not more than One Thousand Dollars ($1,000.00);
provided, that, if the violation is prosecuted by an information or
indictment which alleges that the violation was committed knowingly
or intentionally, and the trier of fact specifically finds that the
violation was committed knowingly or intentionally, such person is
guilty of a Class D1 felony offense punishable by imprisonment as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes, and a fine of not more than Ten Thousand
Dollars ($10,000.00), except that if such person is a corporation it
shall be subject to a civil penalty of not more than One Hundred
Thousand Dollars ($100,000.00). The fine provided for in this
subsection shall be in addition to other punishments provided by law
and shall not be in lieu of other punishment.
C. Any person convicted of a second or subsequent violation of
this section is punishable by a term of imprisonment as provided for
in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes and by twice the fine otherwise authorized. The
fine provided for in this subsection shall be in addition to other
punishments provided by law and shall not be in lieu of other
punishment.
Oklahoma Statutes - Title 63. Public Health and Safety Page 992
D. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2522 of this title.
Added by Laws 1971, c. 119, § 2-404, operative Sept. 1, 1971.
Amended by Laws 1997, c. 133, § 531, eff. July 1, 1999; Laws 1999,
1st Ex. Sess., c. 5, § 383, eff. July 1, 1999; Laws 2004, c. 396, §
4, eff. Nov. 1, 2004; Laws 2025, c. 486, § 546, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 531 from July 1, 1998, to July 1, 1999.
NOTE: Laws 2004, c. 530, § 2 amended the effective date of Laws
2004, c. 396, § 12 from Nov. 1, 2004, to Sept. 1, 2004.
§63-2-405. Prohibited acts E - Penalties.
A. No person shall use tincture of opium, tincture of opium
camphorated, or any derivative thereof, by the hypodermic method,
either with or without a medical prescription therefor.
B. No person shall use drug paraphernalia to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale or otherwise introduce into the
human body a controlled dangerous substance in violation of the
Uniform Controlled Dangerous Substances Act, except those persons
holding an unrevoked license in the professions of podiatry,
dentistry, medicine, nursing, optometry, osteopathy, veterinary
medicine or pharmacy.
C. No person shall deliver, sell, possess or manufacture drug
paraphernalia knowing, or under circumstances where one reasonably
should know, that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process,
prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale or otherwise introduce into the human body a
controlled dangerous substance in violation of the Uniform
Controlled Dangerous Substances Act.
D. Any person eighteen (18) years of age or over who violates
subsection C of this section by delivering or selling drug
paraphernalia to a person under eighteen (18) years of age shall,
upon conviction, be guilty of a Class D3 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes.
E. Any person who violates subsections A, B or C of this
section shall, upon conviction, be guilty of a misdemeanor
punishable as follows:
1. For a first offense the person shall be punished by
imprisonment in the county jail for not more than one (1) year or by
Oklahoma Statutes - Title 63. Public Health and Safety Page 993
a fine of not more than One Thousand Dollars ($1,000.00), or both
such fine and imprisonment;
2. For a second offense the person shall be punished by
imprisonment in the county jail for not more than one (1) year or by
a fine of not more than Five Thousand Dollars ($5,000.00), or both
such fine and imprisonment; and
3. For a third or subsequent offense the person shall be
punished by imprisonment in the county jail for not more than one
(1) year or by a fine of not more than Ten Thousand Dollars
($10,000.00), or both such fine and imprisonment.
F. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2522 of this title.
Added by Laws 1971, c. 119, § 2-405, operative Sept. 1, 1971.
Amended by Laws 1981, c. 62, § 3, emerg. eff. April 13, 1981; Laws
1982, c. 12, § 4, operative Oct. 1, 1982; Laws 1997, c. 133, § 532,
eff. July 1, 1999; Laws 2004, c. 301, § 3, eff. Nov. 1, 2004; Laws
2004, c. 396, § 5, eff. Sept. 1, 2004; Laws 2025, c. 486, § 736,
eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 532 from July 1, 1998, to July 1, 1999.
NOTE: Laws 2004, c. 530, § 2 amended the effective date of Laws
2004, c. 396, § 12 from Nov. 1, 2004, to Sept. 1, 2004.
§63-2-406. Prohibited acts F - Penalties.
A. It shall be unlawful for any registrant or person applying
for registration to knowingly or intentionally:
1. Distribute, other than by dispensing or as otherwise
authorized by the Uniform Controlled Dangerous Substances Act, a
controlled dangerous substance classified in Schedules I or II, in
the course of his or her legitimate business, except pursuant to an
order form as required by Section 2-308 of this title. Any
registrant or person convicted of violating the provisions of this
paragraph shall be guilty of a Class B3 felony offense;
2. Use in the course of the manufacture or distribution of a
controlled dangerous substance a registration number which is
fictitious, revoked, suspended or issued to another person. Any
registrant or person convicted of violating the provisions of this
paragraph shall be guilty of a Class B3 felony offense;
3. Acquire or obtain possession of a controlled dangerous
substance by misrepresentation, fraud, forgery, deception or
subterfuge. Any registrant or person convicted of violating the
provisions of this paragraph shall be guilty of a Class C1 felony
offense punishable as provided for in subsections B through E of
Section 20L of Title 21 of the Oklahoma Statutes;
Oklahoma Statutes - Title 63. Public Health and Safety Page 994
4. Furnish false or fraudulent material information in, or omit
any material information from, any application, report, or other
document required to be kept or filed under the Uniform Controlled
Dangerous Substances Act, or any record required to be kept by the
Uniform Controlled Dangerous Substances Act. Any registrant or
person convicted of violating the provisions of this paragraph shall
be guilty of a Class B3 felony offense;
5. Make, distribute, or possess any punch, die, plate, stone,
or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or device
of another or any likeness of any of the foregoing upon any drug or
container or labeling thereof so as to render such drug a
counterfeit controlled dangerous substance. Any registrant or
person convicted of violating the provisions of this paragraph shall
be guilty of a Class B3 felony offense; and
6. Purchase, or attempt, endeavor, or conspire to obtain or
purchase, any license or registration required to distribute,
possess, prescribe, or manufacture any controlled dangerous
substance on behalf of, or at the request or demand of, any other
person through the use of a straw person or straw party.
B. Except as provided for in paragraph 3 of subsection A of
this section, any person who violates this section shall, upon
conviction, be punished by imprisonment for not more than twenty
(20) years or a fine not more than Two Hundred Fifty Thousand
Dollars ($250,000.00), or both.
C. Any person convicted of a second or subsequent violation of
this section is punishable by a term of imprisonment twice that
otherwise authorized and by twice the fine otherwise authorized.
Convictions for second or subsequent violations of this section
shall not be subject to statutory provisions for suspended
sentences, deferred sentences, or probation.
D. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
Added by Laws 1971, c. 119, § 2-406, operative Sept. 1, 1971.
Amended by Laws 1997, c. 133, § 533, eff. July 1, 1999; Laws 1999,
1st Ex. Sess., c. 5, § 384, eff. July 1, 1999; Laws 2004, c. 396, §
6, eff. Sept. 1, 2004; Laws 2023, c. 235, § 2, emerg. eff. May 11,
2023; Laws 2024, c. 308, § 7, emerg. eff. May 15, 2024; Laws 2025,
c. 486, § 96, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 533 from July 1, 1998, to July 1, 1999.
NOTE: Laws 2004, c. 530, § 2 amended the effective date of Laws
2004, c. 396, § 12 from Nov. 1, 2004, to Sept. 1, 2004.
Oklahoma Statutes - Title 63. Public Health and Safety Page 995
§63-2-407. Prohibited acts G - Penalties.
A. No person shall obtain or attempt to obtain any preparation
excepted from the provisions of the Uniform Controlled Dangerous
Substances Act pursuant to Section 2-313 of this title in a manner
inconsistent with the provisions of paragraph 1 of subsection B of
Section 2-313 of this title, or a controlled dangerous substance or
procure or attempt to procure the administration of a controlled
dangerous substance:
1. By fraud, deceit, misrepresentation, or subterfuge;
2. By the forgery of, alteration of, adding any information to
or changing any information on a prescription or of any written
order;
3. By the concealment of a material fact;
4. By the use of a false name or the giving of a false address;
or
5. By knowingly failing to disclose the receipt of a controlled
dangerous substance or a prescription for a controlled dangerous
substance of the same or similar therapeutic use from another
practitioner within the previous thirty (30) days.
B. Except as authorized by this act, a person shall not
manufacture, create, deliver, or possess with intent to manufacture,
create, or deliver or possess a prescription form, an original
prescription form, or a counterfeit prescription form. This shall
not apply to the legitimate manufacture or delivery of prescription
forms, or a person acting as an authorized agent of the
practitioner.
C. Information communicated to a physician in an effort
unlawfully to procure a controlled dangerous substance, or
unlawfully to procure the administration of any such drug, shall not
be deemed a privileged communication.
D. Any person who violates this section is guilty of a Class C2
felony offense punishable by imprisonment as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes, by a fine of not more than Ten Thousand Dollars
($10,000.00), or by both such fine and imprisonment. A second or
subsequent offense under this section is a felony punishable by
imprisonment as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes, by a fine of not more than
Twenty Thousand Dollars ($20,000.00), or by both such fine and
imprisonment.
E. Convictions for second or subsequent violations of this
section shall not be subject to statutory provisions for suspended
sentences, deferred sentences, or probation.
F. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
Oklahoma Statutes - Title 63. Public Health and Safety Page 996
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
Added by Laws 1971, c. 119, § 2-407, operative Sept. 1, 1971.
Amended by Laws 1987, c. 138, § 8, emerg. eff. June 19, 1987; Laws
1996, c. 306, § 9, emerg. eff. June 10, 1996; Laws 1997, c. 133, §
534, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 385, eff.
July 1, 1999; Laws 2004, c. 396, § 7, eff. Sept. 1, 2004; Laws 2015,
c. 305, § 7; Laws 2025, c. 486, § 276, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 534 from July 1, 1998, to July 1, 1999.
NOTE: Laws 2004, c. 530, § 2 amended the effective date of Laws
2004, c. 396, § 12 from Nov. 1, 2004, to Sept. 1, 2004.
§63-2-407.1. Certain substances causing intoxication, distortion or
disturbances of auditory, visual, muscular or mental processes
prohibited - Exemptions - Penalties.
A. For the purpose of inducing intoxication or distortion or
disturbance of the auditory, visual, muscular, or mental process, no
person shall ingest, use, or possess any compound, liquid, or
chemical which contains ethylchloride, butyl nitrite, isobutyl
nitrite, secondary butyl nitrite, tertiary butyl nitrite, amyl
nitrite, isopropyl nitrite, isopentyl nitrite, or mixtures
containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite,
tertiary butyl nitrite, amyl nitrite, isopropyl nitrite, isopentyl
nitrite, or any of their esters, isomers, or analogues, or any other
similar compound.
B. No person shall possess, buy, sell, or otherwise transfer
any substance specified in subsection A of this section for the
purpose of inducing or aiding any other person to inhale or ingest
such substance or otherwise violate the provisions of this section.
C. The provisions of subsections A and B of this section shall
not apply to:
1. The possession and use of a substance specified in
subsection A of this section which is used as part of the care or
treatment by a licensed physician of a disease, condition or injury
or pursuant to a prescription of a licensed physician; and
2. The possession of a substance specified in subsection A of
this section which is used as part of a known manufacturing process
or industrial operation when the possessor has obtained a permit
from the State Department of Health.
D. The State Board of Health shall promulgate rules and
regulations establishing procedures for the application, form and
issuance of a permit to legitimate manufacturing and industrial
applicants as provided for in subsection C of this section.
E. Any person convicted of violating any provision of
subsection A or B of this section shall be guilty of a misdemeanor
punishable by imprisonment in the county jail not to exceed ninety
Oklahoma Statutes - Title 63. Public Health and Safety Page 997
(90) days or by the imposition of a fine not to exceed Five Hundred
Dollars ($500.00), or by both such imprisonment and fine. Each
violation shall be considered a separate offense.
F. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2522 of this title.
Added by Laws 1990, c. 79, § 1, operative July 1, 1990. Amended by
Laws 1991, c. 306, § 5, emerg. eff. June 4, 1991; Laws 2004, c. 396,
§ 8, eff. Sept. 1, 2004.
NOTE: Laws 2004, c. 530, § 2 amended the effective date of Laws
2004, c. 396, § 12 from Nov. 1, 2004, to Sept. 1, 2004.
§63-2-408. Offering, soliciting, attempting, endeavoring or
conspiring to commit offense - Penalties.
Any person who offers, solicits, attempts, endeavors, or
conspires to commit any offense defined in the Uniform Controlled
Dangerous Substances Act, Section 2-101 et seq. of this title shall
be subject to the penalty prescribed for the offense, the commission
of which was the object of the offer, solicitation, attempt,
endeavor or conspiracy.
Added by Laws 1971, c. 119, § 2-408, operative Sept. 1, 1971.
Amended by Laws 1989, c. 259, § 3, emerg. eff. May 19, 1989.
§63-2-409. Additional penalties.
Any penalty imposed for violation of this article shall be in
addition to, and not in lieu of, any civil or administrative penalty
or sanction authorized by law.
Added by Laws 1971, c. 119, § 2-409, operative Sept. 1, 1971.
§63-2-410. Conditional release for first offense - Effect of
expungement - Persons not covered by section.
A. Whenever any person who has not previously been convicted of
any offense under this act or under any statute of the United States
or of any state relating to narcotic drugs, marijuana, or stimulant,
depressant, or hallucinogenic drugs, pleads guilty or nolo
contendere to or is found guilty of a violation of the Uniform
Controlled Dangerous Substances Act, the court may, unless otherwise
prohibited by law, without entering a judgment of guilt and with the
consent of such person, defer further proceedings and place the
person on probation upon such reasonable terms and conditions as it
may require including the requirement that such person cooperate in
a treatment and rehabilitation program of a state-supported or
state-approved facility, if available. Upon violation of a term or
condition, the court may enter an adjudication of guilt and proceed
as otherwise provided. Upon fulfillment of the terms and
Oklahoma Statutes - Title 63. Public Health and Safety Page 998
conditions, the court shall discharge such person and dismiss the
proceedings against the person. Discharge and dismissal under this
section shall be without court adjudication of guilt and shall not
be deemed a conviction for purposes of this section or for purposes
of disqualifications or disabilities imposed by law upon conviction
of a crime. Discharge and dismissal under this section may occur
only once with respect to any person.
B. Any expunged arrest or conviction shall not thereafter be
regarded as an arrest or conviction for purposes of employment,
civil rights, or any statute, regulation, license, questionnaire or
any other public or private purpose; provided, that, any plea of
guilty or nolo contendere or finding of guilt to a violation of the
Uniform Controlled Dangerous Substances Act shall constitute a
conviction of the offense for the purpose of the Uniform Controlled
Dangerous Substances Act or any other criminal statute under which
the existence of a prior conviction is relevant for a period of ten
(10) years following the completion of any court imposed
probationary term; provided, the person has not, in the meantime,
been convicted of a misdemeanor involving moral turpitude or a
felony. Records expunged pursuant to this section shall be sealed
to the public but not to law enforcement agencies for law
enforcement purposes. Records expunged pursuant to this section
shall be admissible in any subsequent criminal prosecution to prove
the existence of a prior conviction or prior deferred judgment
without the necessity of a court order requesting the unsealing of
such records.
C. The provisions of this section shall not apply to any person
who pleads guilty or nolo contendere to or is found guilty of a
violation of the Trafficking in Illegal Drugs Act or the Drug Money
Laundering and Wire Transmitter Act.
Added by Laws 1971, c. 119, § 2-410, operative Sept. 1, 1971.
Amended by Laws 2008, c. 308, § 1, emerg. eff. June 2, 2008; Laws
2009, c. 306, § 2, eff. Nov. 1, 2009; Laws 2010, c. 2, § 50, emerg.
eff. March 3, 2010; Laws 2014, c. 219, § 2, eff. Nov. 1, 2014.
NOTE: Laws 2009, c. 442, § 6 repealed by Laws 2010, c. 2, § 51,
emerg. eff. March 3, 2010.
§63-2-411. General penalty clause.
Any person who violates any provision of this act not subject to
a specific penalty provision is guilty of a misdemeanor punishable
by imprisonment in the county jail for not more than one (1) year,
or by a fine of not more than One Thousand Dollars ($1,000.00), or
by both such fine and imprisonment.
Added by Laws 1971, c. 119, § 2-411, operative Sept. 1, 1971.
Amended by Laws 2009, c. 442, § 7, eff. July 1, 2009.
§63-2-412. Second or subsequent offenses.
Oklahoma Statutes - Title 63. Public Health and Safety Page 999
An offense shall be considered a second or subsequent offense
under this act, if, prior to his conviction of the offense, the
offender has at any time been convicted of an offense or offenses
under this act, under any statute of the United States, or of any
state relating to narcotic drugs, marihuana, depressant, stimulant,
or hallucinogenic drugs, as defined by this act.
Added by Laws 1971, c. 119, § 2-412, operative Sept. 1, 1971.
§63-2-413. Bar to prosecution.
If a violation of this act is a violation of a federal law or
the law of another state, a conviction or acquittal under federal
law or the law of another state for the same act is a bar to
prosecution in this state.
Added by Laws 1971, c. 119, § 2-413, operative Sept. 1, 1971.
§63-2-413.1. Emergency medical assistance – Immunity from
prosecution.
A. A peace officer shall not take a person into custody based
solely on the commission of an offense involving a controlled
dangerous substance described in subsection B of this section if the
peace officer, after making a reasonable determination and
considering the facts and surrounding circumstances, reasonably
believes that all of the following apply:
1. The peace officer has contact with the person because the
person requested emergency medical assistance for an individual who
reasonably appeared to be in need of medical assistance due to the
use of a controlled dangerous substance; and
2. The person:
a. provided his or her full name and any other relevant
information requested by the peace officer,
b. remained at the scene with the individual who
reasonably appeared to be in need of medical
assistance due to the use of a controlled dangerous
substance until emergency medical assistance arrived,
and
c. cooperated with emergency medical assistance personnel
and peace officers at the scene.
B. A person who meets the criteria of subsection A of this
section is immune from criminal prosecution for possession of a
Schedule I or Schedule II controlled dangerous substance, as listed
in Sections 2-204 and 2-206 of Title 63 of the Oklahoma Statutes,
provided the amount of such controlled dangerous substance does not
constitute trafficking, as provided in subsection C of Section 2-415
of Title 63 of the Oklahoma Statutes, and for possession of drug
paraphernalia associated with a controlled dangerous substance, as
defined in paragraph 36 of Section 2-101 of Title 63 of the Oklahoma
Statutes. Further, a person is only immune from prosecution for the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1000
aforementioned offenses if the offense involved a state of
intoxication caused by the use of a controlled dangerous substance
by a person or if the offense involved the person being or becoming
intoxicated as a result of the use of a controlled dangerous
substance by a person.
C. A person may not initiate or maintain an action against a
peace officer or the employing political subdivision of the peace
officer based on the compliance or failure of the peace officer to
comply with the provisions of this section.
D. For the purposes of this section, "peace officer" shall have
the same meaning as defined in Section 99 of Title 21 of the
Oklahoma Statutes.
Added by Laws 2018, c. 240, § 1, eff. Nov. 1, 2018.
§63-2-414. Short title.
Sections 2-414 through 2-420 of this title shall be known and
may be cited as the "Trafficking in Illegal Drugs Act".
Added by Laws 1987, c. 136, § 1, eff. Nov. 1, 1987. Amended by Laws
2007, c. 199, § 4, eff. Nov. 1, 2007.
§63-2-415. Application - Fines and penalties.
A. The provisions of the Trafficking in Illegal Drugs Act shall
apply to persons convicted of violations with respect to the
following substances:
1. Marijuana;
2. Cocaine or coca leaves;
3. Heroin;
4. Amphetamine or methamphetamine;
5. Lysergic acid diethylamide (LSD);
6. Phencyclidine (PCP);
7. Cocaine base, commonly known as "crack" or "rock";
8. 3,4-Methylenedioxy methamphetamine, commonly known as
"ecstasy" or MDMA;
9. Morphine;
10. Oxycodone;
11. Hydrocodone;
12. Benzodiazepine; or
13. Fentanyl and its analogs and derivatives.
B. Except as otherwise authorized by the Uniform Controlled
Dangerous Substances Act, it shall be unlawful for any person to:
1. Knowingly distribute, manufacture, bring into this state or
possess a controlled substance specified in subsection A of this
section in the quantities specified in subsection C of this section;
2. Possess any controlled substance with the intent to
manufacture a controlled substance specified in subsection A of this
section in quantities specified in subsection C of this section; or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1001
3. Use or solicit the use of services of a person less than
eighteen (18) years of age to distribute or manufacture a controlled
dangerous substance specified in subsection A of this section in
quantities specified in subsection C of this section.
Violation of this section shall be known as "trafficking in
illegal drugs". Separate types of controlled substances described
in subsection A of this section when possessed at the same time in
violation of any provision of this section shall constitute a
separate offense for each substance.
Any person who commits the conduct described in paragraph 1, 2
or 3 of this subsection and represents the quantity of the
controlled substance to be an amount described in subsection C of
this section shall be punished under the provisions appropriate for
the amount of controlled substance represented, regardless of the
actual amount.
C. In the case of a violation of the provisions of subsection B
of this section, involving:
1. Marijuana:
a. twenty-five (25) pounds or more of a mixture or
substance containing a detectable amount of marijuana
shall be a Class B3 felony offense punishable by a
fine of not less than Twenty-five Thousand Dollars
($25,000.00) and not more than One Hundred Thousand
Dollars ($100,000.00), or
b. one thousand (1,000) pounds or more of a mixture or
substance containing a detectable amount of marijuana
shall be deemed aggravated trafficking, a Class B2
felony offense, punishable by a fine of not less than
One Hundred Thousand Dollars ($100,000.00) and not
more than Five Hundred Thousand Dollars ($500,000.00);
2. Cocaine, coca leaves or cocaine base:
a. twenty-eight (28) grams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be a Class B3 felony
offense punishable by a fine of not less than Twenty-
five Thousand Dollars ($25,000.00) and not more than
One Hundred Thousand Dollars ($100,000.00),
b. three hundred (300) grams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be a Class B3 felony
offense punishable by a fine of not less than One
Hundred Thousand Dollars ($100,000.00) and not more
than Five Hundred Thousand Dollars ($500,000.00), or
c. four hundred fifty (450) grams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be deemed aggravated
trafficking, a Class B2 felony offense, punishable by
Oklahoma Statutes - Title 63. Public Health and Safety Page 1002
a fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00);
3. Heroin:
a. ten (10) grams or more of a mixture or substance
containing a detectable amount of heroin shall be a
Class B3 felony offense punishable by a fine of not
less than Twenty-five Thousand Dollars ($25,000.00)
and not more than Fifty Thousand Dollars ($50,000.00),
or
b. twenty-eight (28) grams or more of a mixture or
substance containing a detectable amount of heroin
shall be deemed aggravated trafficking, a Class B2
felony offense, punishable by a fine of not less than
Fifty Thousand Dollars ($50,000.00) and not more than
Five Hundred Thousand Dollars ($500,000.00);
4. Amphetamine or methamphetamine:
a. twenty (20) grams or more of a mixture or substance
containing a detectable amount of amphetamine or
methamphetamine shall be a Class B3 felony offense
punishable by a fine of not less than Twenty-five
Thousand Dollars ($25,000.00) and not more than Two
Hundred Thousand Dollars ($200,000.00),
b. two hundred (200) grams or more of a mixture or
substance containing a detectable amount of
amphetamine or methamphetamine shall be a Class B3
felony offense punishable by a fine of not less than
Fifty Thousand Dollars ($50,000.00) and not more than
Five Hundred Thousand Dollars ($500,000.00), or
c. four hundred fifty (450) grams or more of a mixture or
substance containing a detectable amount of
amphetamine or methamphetamine shall be deemed
aggravated trafficking, a Class B2 felony offense,
punishable by a fine of not less than Fifty Thousand
Dollars ($50,000.00) and not more than Five Hundred
Thousand Dollars ($500,000.00);
5. Lysergic acid diethylamide (LSD):
a. one (1) gram or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD) shall be trafficking, a Class B3
felony offense, punishable by a term of imprisonment
in the custody of the Department of Corrections not to
exceed twenty (20) years and by a fine of not less
than Fifty Thousand Dollars ($50,000.00) and not more
than One Hundred Thousand Dollars ($100,000.00), or
b. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
Oklahoma Statutes - Title 63. Public Health and Safety Page 1003
diethylamide (LSD) shall be aggravated trafficking, a
Class B2 felony offense, punishable by a term of
imprisonment in the custody of the Department of
Corrections of not less than two (2) years nor more
than life and by a fine of not less than One Hundred
Thousand Dollars ($100,000.00) and not more than Two
Hundred Fifty Thousand Dollars ($250,000.00);
6. Phencyclidine (PCP):
a. twenty (20) grams or more of a substance containing a
mixture or substance containing a detectable amount of
phencyclidine (PCP) shall be trafficking, a Class B3
felony offense, punishable by a term of imprisonment
in the custody of the Department of Corrections not to
exceed twenty (20) years and by a fine of not less
than Twenty Thousand Dollars ($20,000.00) and not more
than Fifty Thousand Dollars ($50,000.00), or
b. one hundred fifty (150) grams or more of a substance
containing a mixture or substance containing a
detectable amount of phencyclidine (PCP) shall be
aggravated trafficking, a Class B2 felony offense,
punishable by a term of imprisonment in the custody of
the Department of Corrections of not less than two (2)
years nor more than life and by a fine of not less
than Fifty Thousand Dollars ($50,000.00) and not more
than Two Hundred Fifty Thousand Dollars ($250,000.00);
7. Methylenedioxy methamphetamine:
a. thirty (30) tablets or ten (10) grams of a mixture or
substance containing a detectable amount of 3,4-
Methylenedioxy methamphetamine shall be trafficking, a
Class B3 felony offense, punishable by a term of
imprisonment in the custody of the Department of
Corrections not to exceed twenty (20) years and by a
fine of not less than Twenty-five Thousand Dollars
($25,000.00) and not more than One Hundred Thousand
Dollars ($100,000.00), or
b. one hundred (100) tablets or thirty (30) grams of a
mixture or substance containing a detectable amount of
3,4-Methylenedioxy methamphetamine shall be deemed
aggravated trafficking, a Class B3 felony offense,
punishable by a term of imprisonment in the custody of
the Department of Corrections of not less than two (2)
years nor more than life and by a fine of not less
than One Hundred Thousand Dollars ($100,000.00) and
not more than Five Hundred Thousand Dollars
($500,000.00);
8. Morphine: One thousand (1,000) grams or more of a mixture
containing a detectable amount of morphine shall be trafficking, a
Oklahoma Statutes - Title 63. Public Health and Safety Page 1004
Class B3 felony offense, punishable by a term of imprisonment in
the custody of the Department of Corrections not to exceed twenty
(20) years and by a fine of not less than One Hundred Thousand
Dollars ($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00);
9. Oxycodone: Four hundred (400) grams or more of a mixture
containing a detectable amount of oxycodone shall be trafficking, a
Class B3 felony offense, punishable by a term of imprisonment in the
custody of the Department of Corrections not to exceed twenty (20)
years and by a fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand Dollars
($500,000.00);
10. Hydrocodone: Three thousand seven hundred fifty (3,750)
grams or more of a mixture containing a detectable amount of
hydrocodone shall be trafficking, a Class B3 felony offense,
punishable by a term of imprisonment in the custody of the
Department of Corrections not to exceed twenty (20) years and by a
fine of not less than One Hundred Thousand Dollars ($100,000.00) and
not more than Five Hundred Thousand Dollars ($500,000.00);
11. Benzodiazepine: Five hundred (500) grams or more of a
mixture containing a detectable amount of benzodiazepine shall be
trafficking, a Class B3 felony offense, punishable by a term of
imprisonment not to exceed twenty (20) years and by a fine of not
less than One Hundred Thousand Dollars ($100,000.00) and not more
than Five Hundred Thousand Dollars ($500,000.00); and
12. Fentanyl and its analogs and derivatives:
a. one (1) gram or more of a mixture containing fentanyl
or carfentanil, or any fentanyl analogs or
derivatives, shall be trafficking, a Class B3 felony
offense, punishable by a term of imprisonment in the
custody of the Department of Corrections not to exceed
twenty (20) years and by a fine of not less than One
Hundred Thousand Dollars ($100,000.00) and not more
than Two Hundred Fifty Thousand Dollars ($250,000.00),
or
b. five (5) grams or more of a mixture containing
fentanyl or carfentanil, or any fentanyl analogs or
derivatives, shall be aggravated trafficking, a Class
B1 felony offense, punishable by a term of
imprisonment in the custody of the Department of
Corrections of not less than two (2) years nor more
than life and by a fine of not less than Two Hundred
Fifty Thousand Dollars ($250,000.00) and not more than
Five Hundred Thousand Dollars ($500,000.00).
D. Any person who violates the provisions of this section with
respect to marijuana, cocaine, coca leaves, cocaine base, heroin,
amphetamine or methamphetamine in a quantity specified in paragraphs
Oklahoma Statutes - Title 63. Public Health and Safety Page 1005
1, 2, 3 and 4 of subsection C of this section shall, in addition to
any fines specified by this section, be punishable by a term of
imprisonment as follows:
1. For trafficking, a first violation of this section, a term
of imprisonment in the custody of the Department of Corrections not
to exceed twenty (20) years;
2. For trafficking, a second violation of this section, a term
of imprisonment in the Department of Corrections of not less than
four (4) years nor more than life, for which the person shall serve
fifty percent (50%) of the sentence before being eligible for parole
consideration;
3. For trafficking, a third or subsequent violation of this
section, a term of imprisonment in the custody of the Department of
Corrections of not less than twenty (20) years nor more than life,
of which the person shall serve fifty percent (50%) of the sentence
before being eligible for parole consideration.
Persons convicted of trafficking shall not be eligible for
earned credits or any other type of credits which have the effect of
reducing the length of sentence to less than fifty percent (50%) of
the sentence imposed; and
If the person is convicted of aggravated trafficking, the person
shall serve eighty-five percent (85%) of such sentence before being
eligible for parole consideration.
E. The penalties specified in subsections C and D of this
section are subject to the enhancements enumerated in subsections E
and F of Section 2-401 of this title.
F. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title and the assessment pursuant to
Section 2-503.2 of this title.
Added by Laws 1987, c. 136, § 2, eff. Nov. 1, 1987. Amended by Laws
1989, c. 114, § 2, eff. Nov. 1, 1989; Laws 1989, c. 237, § 3, eff.
Nov. 1, 1989; Laws 1990, c. 232, § 7, emerg. eff. May 18, 1990; Laws
1993, c. 21, § 1, eff. Sept. 1, 1993; Laws 1997, c. 133, § 535, eff.
July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 386, eff. July 1,
1999; Laws 2002, c. 135, § 1, emerg. eff. April 24, 2002; Laws 2004,
c. 396, § 9, eff. Sept. 1, 2004; Laws 2007, c. 199, § 5, eff. Nov.
1, 2007; Laws 2011, c. 239, § 8, eff. Nov. 1, 2011; Laws 2014, c.
348, § 1, eff. Nov. 1, 2014; Laws 2015, c. 258, § 1, eff. Nov. 1,
2015; Laws 2018, c. 130, § 2, eff. Nov. 1, 2018; Laws 2019, c. 25, §
40, emerg. eff. April 4, 2019; Laws 2021, c. 380, § 1, eff. Nov. 1,
2021; Laws 2025, c. 486, § 66, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 535 from July 1, 1998, to July 1, 1999.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1006
NOTE: Laws 2004, c. 530, § 2 amended the effective date of Laws
2004, c. 396, § 9 from Nov. 1, 2004, to Sept. 1, 2004.
NOTE: Laws 2018, c. 7, § 1 repealed by Laws 2019, c. 25, § 41,
emerg. eff. April 4, 2019.
§63-2-416. Apportionment of fines.
The fines specified in Section 2 of this act shall be
apportioned as follows:
1. Twenty-five percent (25%) shall be distributed to the
revolving fund established pursuant to the provisions of Section 2-
506 of Title 63 of the Oklahoma Statutes to be used for enforcement
of the Uniform Controlled Dangerous Substances Act; and
2. Twenty-five percent (25%) shall be distributed to the
municipality, county, or state agency or agencies which conducted
the investigation. The amount distributed to a municipality or
county shall be placed in a revolving fund to be used for law
enforcement purposes. This fund shall be limited to Two Hundred
Thousand Dollars ($200,000.00) at any one time in municipalities and
counties with population in excess of three hundred thousand
(300,000) and Fifty Thousand Dollars ($50,000.00) at any one time in
municipalities and counties with population less than three hundred
thousand (300,000). This fund shall be audited by the State Auditor
and Inspector at least every two (2) years in the manner provided in
Section 171 of Title 19 of the Oklahoma Statutes. Said audit shall
include, but not be limited to, a compliance audit. Any amount in
excess of these figures distributed to a municipality or county
shall be placed in the general fund of the municipality or county.
The amount distributed to a state agency shall be placed in the
applicable revolving fund or special agency account of said agency
to be used for law enforcement purposes. If more than one law
enforcement agency participates in the investigation, the amount to
be distributed shall be divided among the agencies in proportion to
the amount of work performed by each agency involved in the
investigation, as determined by the district court; and
3. Twenty-five percent (25%) shall be distributed to the Drug
Abuse Education Revolving Fund to be used for drug abuse education
programs within the State Department of Education; and
4. Twenty-five percent (25%) shall be distributed to the court
fund.
Added by Laws 1987, c. 136, § 3, eff. Nov. 1, 1987.
§63-2-417. Drug Abuse Education Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Board of Education to be designated the "Drug Abuse
Education Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of fines
collected pursuant to the Trafficking in Illegal Drugs Act. All
Oklahoma Statutes - Title 63. Public Health and Safety Page 1007
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the State Board of Education for
drug abuse education programs. Expenditures from said 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 1987, c. 136, § 4, eff. Nov. 1, 1987. Amended by Laws
2012, c. 304, § 499.
§63-2-418. Repealed by Laws 1992, c. 86, § 3, eff. Sept. 1, 1992.
§63-2-419. Repealed by Laws 1997, c. 133, § 610, eff. July 1, 1998.
§63-2-419.1. Use of minors in transportation, sale, etc. of
controlled dangerous substances.
A. It shall be unlawful for any individual eighteen (18) years
of age or older to solicit, employ, hire, or use an individual under
eighteen (18) years of age to unlawfully transport, carry, sell,
give away, prepare for sale, or peddle any controlled dangerous
substance.
B. A person who violates subsection A of this section shall be
guilty of a Class C1 felony offense and, upon conviction, shall be
punishable by a term of imprisonment, or fine, or both, not
exceeding twice that authorized by Section 2-401 of this title.
C. A person who violates subsection A of this section after a
previous conviction pursuant to that subsection which has become
final, shall be punishable by a term of imprisonment not exceeding
three times that authorized by Section 2-401 of this title.
D. A person who violates subsection A of this section by
employing, hiring, or using an individual under fifteen (15) years
of age shall, upon conviction, be guilty of a Class B3 felony
offense and may be imprisoned for not more than twenty-five (25)
years, fined not more than One Hundred Thousand Dollars
($100,000.00), or both, in addition to any other punishment
authorized by this section.
E. It shall not be a defense to this section that a person did
not know the age of an individual.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 451, eff. July 1, 1999.
Amended by Laws 2025, c. 486, § 97, eff. Jan. 1, 2026
§63-2-420. GPS monitoring of persons charged with aggravated
trafficking - Statistical records.
A. Any person charged with aggravated trafficking pursuant to
Section 2-415 of this title shall not be subject to pretrial release
as specified in Section 1105.3 of Title 22 of the Oklahoma Statutes
and shall not be released on bail without a Global Positioning
System (GPS) monitoring device attached to the person and cost
Oklahoma Statutes - Title 63. Public Health and Safety Page 1008
thereof paid by such person at his or her own expense until after
the conclusion of the criminal case. The Department of Corrections
shall monitor such GPS monitoring device and the person until the
conclusion of the case, and the person shall pay a supervision fee
as provided for other persons subject to supervision by the
Department. At the conclusion of the case, the court shall order
the removal of the GPS monitoring device if the person is acquitted
or is to be incarcerated or the case is dismissed.
B. The Department of Corrections shall maintain statistical
records on any aggravated trafficking offense, including a
calculation of the time period from arrest to disposition, and if
the person is convicted, the term of sentence, length of sentence
actually served in incarceration, amount of the fine imposed,
whether any enhancements or co-occurring offenses were involved,
whether the person is determined upon reception into the custody of
the Department to be an addicted person, and whether the person has
prior convictions by stating the prior offenses.
Added by Laws 1989, c. 361, § 1, emerg. eff. June 2, 1989. Amended
by Laws 2007, c. 199, § 6, eff. Nov. 1, 2007.
§63-2-421. Short title.
This act shall be known and may be cited as the "Drug Dealer
Liability Act".
Added by Laws 1994, c. 179, § 1, eff. Sept. 1, 1994.
§63-2-422. Definitions.
As used in the Drug Dealer Liability Act:
1. "Illegal drug" means a drug whose distribution is a
violation of state law;
2. "Illegal drug market" means the support system of illegal
drug-related operations, from production to retail sales, through
which an illegal drug reaches the user;
3. "Illegal drug market target community" is the area described
under Section 7 of this act;
4. "Individual drug user" means the individual whose illegal
drug use is the basis of an action brought under this act;
5. "Level one offense" means possession of one quarter (1/4)
ounce or more, but less than four (4) ounces, or distribution of
less than one (1) ounce of a specified illegal drug, or possession
of one (1) pound or twenty-five plants or more, but less than four
(4) pounds or fifty plants, or distribution of less than one (1)
pound of marijuana;
6. "Level two offense" means possession of four (4) ounces or
more, but less than eight (8) ounces, or distribution of one (1)
ounce or more, but less than two (2) ounces, of a specified illegal
drug, or possession of four (4) pounds or more or fifty plants or
more, but less than eight (8) pounds or seventy-five plants, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1009
distribution of more than one (1) pound but less than ten (10)
pounds of marijuana;
7. "Level three offense" means possession of eight (8) ounces
or more, but less than sixteen (16) ounces, or distribution of two
(2) ounces or more, but less than four (4) ounces, of a specified
illegal drug or possession of eight (8) pounds or more or seventy-
five plants or more, but less than sixteen (16) pounds or one
hundred plants, or distribution of more than five (5) pounds but
less than ten (10) pounds of marijuana;
8. "Level four offense" means possession of sixteen (16) ounces
or more or distribution of four (4) ounces or more of a specified
illegal drug or possession of sixteen (16) pounds or more or one
hundred plants or more or distribution of ten (10) pounds or more of
marijuana;
9. "Participate in the illegal drug market" means to
distribute, possess with an intent to distribute, commit an act
intended to facilitate the marketing or distribution of, or agree to
distribute, possess with an intent to distribute, or commit an act
intended to facilitate the marketing and distribution of an illegal
drug. "Participate in the illegal drug market" does not include the
purchase or receipt of an illegal drug for personal use only;
10. "Person" means an individual, a governmental entity,
corporation, firm, trust, partnership, or incorporated or
unincorporated association, existing under or authorized by the laws
of this state, another state, or a foreign country;
11. "Period of illegal drug use" means, in relation to the
individual drug user, the time of first use by an individual of an
illegal drug to the accrual of the cause of action. The period of
illegal drug use is presumed to commence two (2) years before the
cause of action accrues unless the defendant proves otherwise by
clear and convincing evidence;
12. "Place of illegal drug activity" means, in relation to the
individual drug user, each county in which the individual possesses
or uses an illegal drug or in which the individual resides, attends
school, or is employed during the period of the illegal drug use of
the individual, unless the defendant proves otherwise by clear and
convincing evidence;
13. "Place of participation" means, in relation to a defendant
in an action brought under the Drug Dealer Liability Act, each
county in which the person participates in the illegal drug market
or in which the person resides, attends school, or is employed
during the period of the participation in the illegal drug market by
the person; and
14. "Specified illegal drug" means cocaine, heroin, or
methamphetamine and any other drug the distribution of which is a
violation of state law.
Added by Laws 1994, c. 179, § 2, eff. Sept. 1, 1994.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1010
§63-2-423. Liability for civil damages.
A. A person who knowingly participates in the illegal drug
market within this state is liable for civil damages as provided in
the Drug Dealer Liability Act. A person may recover damages under
this act for injury resulting from use of an illegal drug by that
person.
B. A law enforcement officer or agency, the state, or a person
acting at the direction of a law enforcement officer or agency of
the state is not liable for participating in the illegal drug
market, if the participation is in furtherance of an official
investigation.
Added by Laws 1994, c. 179, § 3, eff. Sept. 1, 1994.
§63-2-424. Persons who may bring action - Persons liable - Damages
recoverable.
A. One or more of the following persons may bring an action for
damages caused by use of an illegal drug by an individual:
1. A parent, legal guardian, child, spouse, or sibling of the
individual drug user;
2. An individual who was exposed to an illegal drug in utero;
3. An employer of the individual drug user; and
4. A medical facility, insurer, governmental entity, employer,
or other entity that funds a drug treatment program or employee
assistance program for the individual drug user or that otherwise
expended money on behalf of the individual drug user.
B. A person entitled to bring an action under this section may
seek damages from one or more of the following:
1. A person who knowingly distributed, or knowingly
participated in the chain of distribution of, an illegal drug that
was actually used by the individual drug user;
2. A person who knowingly participated in the illegal drug
market if:
a. the place of the illegal drug activity by the
individual drug user is within the illegal drug market
target community of the defendant,
b. the participation of the defendant in the illegal drug
market was connected with the same type of illegal
drug used by the individual user, and
c. the defendant participated in the illegal drug market
at any time during the illegal drug use of the
individual user.
C. A person entitled to bring an action under this section may
recover all of the following damages:
1. Economic damages including, but not limited to, the cost of
treatment and rehabilitation, medical expenses, loss of economic or
educational potential, loss of productivity, absenteeism, support
Oklahoma Statutes - Title 63. Public Health and Safety Page 1011
expenses, accidents or injury, and any other pecuniary loss
proximately caused by the illegal drug use;
2. Noneconomic damages, including, but not limited to, physical
and emotional pain, suffering, physical impairment, emotional
distress, mental anguish, disfigurement, loss of enjoyment, loss of
companionship, services and consortium, and other nonpecuniary
losses proximately caused by an individual's use of an illegal drug;
3. Exemplary damages;
4. Reasonable attorney fees; and
5. Cost of suit, including but not limited to, reasonable
expenses for expert testimony.
Added by Laws 1994, c. 179, § 4, eff. Sept. 1, 1994.
§63-2-425. Individual drug users who may bring action - Persons
liable for damages - Damages recoverable.
A. An individual drug user shall not bring an action for
damages caused by the use of an illegal drug, except as otherwise
provided in this subsection. An individual drug user may bring an
action for damages caused by the use of an illegal drug only if all
of the following conditions are met:
1. The individual personally discloses to narcotics enforcement
authorities, more than six (6) months before filing the action, all
the information known to the individual regarding their source of
illegal drugs;
2. The individual has not used an illegal drug within the six
(6) months before filing the action; and
3. The individual continues to remain free of the use of an
illegal drug throughout the pendency of the action.
B. A person entitled to bring an action under this section may
seek damages only from a person who distributed, or is in the chain
of distribution of, an illegal drug that was actually used by the
individual drug user.
C. A person entitled to bring an action under this section may
recover only the following damages:
1. Economic damages, including but not limited to the cost of
treatment, rehabilitation, and medical expenses, loss of economic or
educational potential, loss of productivity, absenteeism, accidents
or injury, and other pecuniary loss proximately caused by the
person's illegal drug use;
2. Reasonable attorney fees; and
3. Costs of suit, including but not limited to reasonable
expenses for expert testimony.
Added by Laws 1994, c. 179, § 5, eff. Sept. 1, 1994.
§63-2-426. Third party payment of damages - Defense under contract
of insurance - Indemnification - Prohibition.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1012
A third party shall not pay damages awarded under the Drug
Dealer Liability Act, or provide a defense or money for a defense,
on behalf of an insured under a contract of insurance or
indemnification.
Added by Laws 1994, c. 179, § 6, eff. Sept. 1, 1994.
§63-2-427. Drug market target community - Level of offense.
A person whose participation in the illegal drug market
constitutes the following level offense shall be considered to have
the following illegal drug market target community:
1. For a level one offense, the county in which the place of
participation of the defendant is situated;
2. For a level two offense, the target community described in
paragraph 1 of this section along with all counties with a border
contiguous to that target community;
3. For a level three offense, the target community described in
paragraph 2 of this section plus all counties with a border
contiguous to that target community; and
4. For a level four offense, the state.
Added by Laws 1994, c. 179, § 7, eff. Sept. 1, 1994.
§63-2-428. Joinder of parties - Judgments.
A. Two or more persons may join in one action under this act as
plaintiffs if their respective actions have at least one place of
illegal drug activity in common and if any portion of the period of
illegal drug use overlaps with the period of illegal drug use for
every other plaintiff.
B. Two or more persons may be joined in one action under the
Drug Dealer Liability Act as defendants if those persons are liable
to at least one plaintiff.
C. A plaintiff need not be interested in obtaining and a
defendant need not be interested in defending against all the relief
demanded. Judgment may be given for one or more plaintiffs
according to their respective liabilities.
Added by Laws 1994, c. 179, § 8, eff. Sept. 1, 1994.
§63-2-429. Comparative responsibility - Burden and standard of
proof.
A. An action by an individual drug user is governed by the
principles of comparative responsibility. Comparative
responsibility attributed to the plaintiff does not bar recovery but
diminishes the award of compensatory damages proportionally,
according to the measure of responsibility attributed to the
plaintiff.
B. The burden of proving the comparative responsibility of the
plaintiff is on the defendant, which shall be shown by clear and
convincing evidence.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1013
C. Comparative responsibility shall not be attributed to a
plaintiff who is not an individual drug user.
Added by Laws 1994, c. 179, § 9, eff. Sept. 1, 1994.
§63-2-430. Right of contribution - Recovery by plaintiff.
A person subject to liability under this act has a right of
action for contribution against another person subject to liability
under the Drug Dealer Liability Act. Contribution may be enforced
either in the original action or by a separate action brought for
that purpose. A plaintiff may seek recovery in accordance with this
act and existing law against a person whom a defendant has asserted
a right of contribution.
Added by Laws 1994, c. 179, § 10, eff. Sept. 1, 1994.
§63-2-431. Proof of participation in illegal drug market - Standard
of proof - Prima facie evidence of participation.
A. Proof of participation in the illegal drug market in an
action brought under the Drug Dealer Liability Act shall be shown by
clear and convincing evidence. Except as otherwise provided in this
act, other elements of the cause of action shall be shown by a
preponderance of the evidence.
B. A person against whom recovery is sought who has a criminal
conviction pursuant to state drug laws or the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (Public Law 91-513, 84
Stat. 1236, codified at 21 U.S.C., Section 801 et seq.) is estopped
from denying participation in the illegal drug market. Such a
conviction is also prima facie evidence of the participation of the
person in the illegal drug market during the two (2) years preceding
the date of an act giving rise to a conviction.
C. The absence of criminal drug conviction of a person against
whom recovery is sought does not bar an action against that person.
Added by Laws 1994, c. 179, § 11, eff. Sept. 1, 1994.
§63-2-432. Attachments of assets - Execution of judgment - Exempt
property - Property seized by forfeiture.
A. A plaintiff under the Drug Dealer Liability Act, subject to
subsection C of this section, may request an ex parte prejudgment
attachment order from the court against all assets of a defendant
sufficient to satisfy a potential award. If attachment is
instituted, a defendant is entitled to an immediate hearing.
Attachment may be lifted if the defendant demonstrates that the
assets will be available for a potential award of if the defendant
posts a bond sufficient to cover a potential award.
B. A person against whom a judgment has been rendered under the
Drug Dealer Liability Act is not eligible to exempt any property, of
whatever kind, from process to levy or process to execute on the
judgment.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1014
C. Any assets sought to satisfy a judgment under the Drug
Dealer Liability Act that are named in a forfeiture section or have
been seized for forfeiture by any state or federal agency may not be
used to satisfy a judgment unless and until the assets have been
released following the conclusion of the forfeiture action or
released by the agency that seized the assets.
Added by Laws 1994, c. 179, § 12, eff. Sept. 1, 1994.
§63-2-433. Limitation of action - Accrual of cause of action -
Tolling.
A. Except as otherwise provided in this section, a claim under
the Drug Dealer Liability Act shall not be brought more than two (2)
years after the cause of action accrues. A cause of action accrues
under the Drug Dealer Liability Act when a person who may recover
has reason to know of the harm from illegal drug use that is the
basis for the cause of action and has reason to know that the
illegal drug use is the cause of the harm.
B. For a plaintiff, the statute of limitations under this
section is tolled when the individual potential plaintiff is
incapacitated by the use of an illegal drug to the extent that the
individual cannot reasonably be expected to seek recovery under this
act or as otherwise provided for by law. For a defendant, the
statute of limitations under this section is tolled until six (6)
months after the individual potential defendant is convicted of a
criminal drug offense as otherwise provided for by law.
C. The statute of limitations under the Drug Dealer Liability
Act for a claim based on participation in the illegal drug market
that occurred prior to the effective date of the Drug Dealer
Liability Act does not begin to run until the effective date of this
act.
Added by Laws 1994, c. 179, § 13, eff. Sept. 1, 1994.
§63-2-434. Legal representation of state - Stay of action.
A. A prosecuting attorney may represent the state or a
political subdivision of the state in an action under the Drug
Dealer Liability Act.
B. On motion by a governmental agency involved in a drug
investigation or prosecution, an action brought under this act shall
be stayed until the completion of the criminal investigation or
prosecution that gave rise to the motion for the stay of the action.
Added by Laws 1994, c. 179, § 14, eff. Sept. 1, 1994.
§63-2-435. Interfamily tort immunity not altered.
The provisions of the Drug Dealer Liability Act are not intended
to alter the law regarding interfamily tort immunity.
Added by Laws 1994, c. 179, § 15, eff. Sept. 1, 1994.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1015
§63-2-501. Powers of enforcement personnel.
Any peace officer may:
1. Carry firearms;
2. Execute search warrants, arrest warrants, subpoenas, and
summonses issued under the authority of this state;
3. Make an arrest without warrant of any person the officer has
probable cause for believing has committed any felony under the
Uniform Controlled Dangerous Substances Act or a violation of
Section 2-402 of this title;
4. Make seizures of property pursuant to the provisions of the
Uniform Controlled Dangerous Substances Act;
5. Perform such other lawful duties as are required to carry
out the provisions of the Uniform Controlled Dangerous Substances
Act;
6. Conduct investigations and make an arrest of any person the
officer has probable cause to believe is involved in money
laundering activities, as otherwise set forth by laws of this state;
and
7. Conduct investigations and make an arrest of any person the
officer has probable cause to believe is involved in human
trafficking activities, as otherwise set forth by laws of this
state.
Added by Laws 1971, c. 119, § 2-501, operative Sept. 1, 1971.
Amended by Laws 2004, c. 537, § 1, emerg. eff. June 9, 2004; Laws
2012, c. 186, § 2, eff. Nov. 1, 2012.
§63-2-502. Inspections.
A. Prescriptions, orders, and records, required by this act,
and stock of substances specified in this act shall be open for
inspection only to specifically designated or assigned state,
county, and municipal officers, whose duty it is to enforce the laws
of this state relating to controlled dangerous substances. The
Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control may designate noncommissioned personnel as compliance
inspectors for the purpose of conducting inspections as contemplated
herein. No person having knowledge by virtue of his or her office
of any such prescription, order or record shall divulge such
knowledge, except where such use is appropriate to the proper
performance of his or her official duties in the prevention of the
misuse and abuse of controlled dangerous substances or in connection
with a prosecution or proceeding in court or before a licensing or
registration board or officer, to which prosecution or proceeding
the person to whom such prescriptions, orders, or records relate is
a party.
B. Any peace officer or agency charged with administration of
this act is authorized to make administrative inspections of
controlled premises in accordance with the following provisions:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1016
1. For purposes of this act only, "controlled premises" means:
a. places where persons registered or exempted from
registration requirements under this act are required
to keep records, and
b. places including factories, warehouses,
establishments, and conveyances where persons
registered or exempted from registration requirements
under this act are permitted to hold, manufacture,
compound, process, sell, deliver, or otherwise dispose
of any controlled dangerous substance.
2. This section shall not be construed to prevent the
inspection of books and records pursuant to the provisions of this
act; nor shall this section be construed to prevent entries and
administrative inspections at reasonable times without a warrant:
a. with the consent of the owner, operator, or agent in
charge of the controlled premises,
b. in situations presenting imminent danger to health or
safety,
c. in situations involving inspection of conveyances
where there is reasonable cause to believe that the
mobility of the conveyance makes it impracticable to
obtain a warrant,
d. in any other exceptional or emergency circumstance
where time or opportunity to apply for a warrant is
lacking, and
e. in all other situations where a warrant is not
constitutionally required.
3. Except when the owner, operator, or agent in charge of the
controlled premises so consents in writing, no inspection authorized
by this section shall extend to:
a. financial data,
b. sales data other than shipment data, or
c. pricing data.
Added by Laws 1971, c. 119, § 2-502, operative Sept. 1, 1971.
Amended by Laws 2017, c. 390, § 5, emerg. eff. June 6, 2017.
§63-2-503. Property subject to forfeiture.
A. The following shall be subject to forfeiture:
1. All controlled dangerous substances and synthetic controlled
substances which have been manufactured, distributed, dispensed,
acquired, concealed or possessed in violation of the Uniform
Controlled Dangerous Substances Act;
2. All raw materials, products and equipment of any kind and
all drug paraphernalia as defined by the Uniform Controlled
Dangerous Substances Act, which are used, or intended for use, in
manufacturing, compounding, processing, delivering, importing or
exporting, injecting, ingesting, inhaling, or otherwise introducing
Oklahoma Statutes - Title 63. Public Health and Safety Page 1017
into the human body any controlled dangerous substance or synthetic
controlled substance in violation of the provisions of the Uniform
Controlled Dangerous Substances Act;
3. All property which is used, or intended for use, as a
container for property described in paragraphs 1, 2, 5 and 6 of this
subsection;
4. All conveyances, including aircraft, vehicles, vessels, or
farm implements which are used to transport, conceal, or cultivate
for the purpose of distribution as defined in the Uniform Controlled
Dangerous Substances Act, or which are used in any manner to
facilitate the transportation or cultivation for the purpose of sale
or receipt of property described in paragraphs 1 or 2 of this
subsection or when the property described in paragraphs 1 or 2 of
this subsection is unlawfully possessed by an occupant thereof,
except that:
a. no conveyance used by a person as a common carrier in
the transaction of business as a common carrier shall
be forfeited under the provisions of the Uniform
Controlled Dangerous Substances Act unless it shall
appear that the owner or other person in charge of
such conveyance was a consenting party or privy to a
violation of the Uniform Controlled Dangerous
Substances Act, and
b. no conveyance shall be forfeited under the provisions
of this section by reason of any act or omission
established by the owner thereof to have been
committed or omitted without the knowledge or consent
of such owner, and if the act is committed by any
person other than such owner the owner shall establish
further that the conveyance was unlawfully in the
possession of a person other than the owner in
violation of the criminal laws of the United States,
or of any state;
5. All books, records and research, including formulas,
microfilm, tapes and data which are used in violation of the Uniform
Controlled Dangerous Substances Act;
6. All things of value furnished, or intended to be furnished,
in exchange for a controlled dangerous substance in violation of the
Uniform Controlled Dangerous Substances Act, all proceeds traceable
to such an exchange, and all monies, negotiable instruments, and
securities used, or intended to be used, to facilitate any violation
of the Uniform Controlled Dangerous Substances Act;
7. All monies, coin and currency found in close proximity to
any amount of forfeitable substances, to forfeitable drug
manufacturing or distribution paraphernalia or to forfeitable
records of the importation, manufacture or distribution of
substances, which are rebuttably presumed to be forfeitable under
Oklahoma Statutes - Title 63. Public Health and Safety Page 1018
the Uniform Controlled Dangerous Substances Act. The burden of
proof is upon claimants of the property to rebut this presumption;
8. All real property, including any right, title, and interest
in the whole of any lot or tract of land and any appurtenance or
improvement thereto, which is used, or intended to be used, in any
manner or part, to commit, or to facilitate the commission of, a
violation of the Uniform Controlled Dangerous Substances Act which
is punishable by imprisonment for more than one (1) year, except
that no property right, title or interest shall be forfeited
pursuant to this paragraph, by reason of any act or omission
established by the owner thereof to have been committed or omitted
without the knowledge or consent of that owner; and
9. All weapons possessed, used or available for use in any
manner to facilitate a violation of the Uniform Controlled Dangerous
Substances Act.
B. Any property or thing of value of a person is subject to
forfeiture if it is established by a preponderance of the evidence
that such property or thing of value was acquired by such person
during the period of the violation of the Uniform Controlled
Dangerous Substances Act or within a reasonable time after such
period and there was no likely source for such property or thing of
value other than the violation of the Uniform Controlled Dangerous
Substances Act.
C. Any property or thing of value of a person is subject to
forfeiture if it is established by a preponderance of the evidence
that the person has not paid all or part of a fine imposed pursuant
to the provisions of Section 2-415 of this title.
D. All items forfeited in this section shall be forfeited under
the procedures established in Section 2-506 of this title. Whenever
any item is forfeited pursuant to this section except for items
confiscated by the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Department of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
Commission, the Department of Corrections, or the Office of the
Attorney General, the district court of the district shall order
that such item, money, or monies derived from the sale of such item
be deposited by the state, county or city law enforcement agency
which seized the item in the revolving fund provided for in Section
2-506 of this title; provided, such item, money or monies derived
from the sale of such item forfeited due to nonpayment of a fine
imposed pursuant to the provisions of Section 2-415 of this title
shall be apportioned as provided in Section 2-416 of this title.
Items, money or monies seized pursuant to subsections A and B of
this section shall not be applied or considered toward satisfaction
of the fine imposed by Section 2-415 of this title. All raw
materials used or intended to be used by persons to unlawfully
manufacture or attempt to manufacture any controlled dangerous
Oklahoma Statutes - Title 63. Public Health and Safety Page 1019
substance in violation of the Uniform Controlled Dangerous
Substances Act shall be summarily forfeited pursuant to the
provisions of Section 2-505 of this title.
E. All property taken or detained under this section by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the
Department of Public Safety, the Oklahoma State Bureau of
Investigation, the Alcoholic Beverage Laws Enforcement Commission,
the Department of Corrections, or the Office of the Attorney
General, shall not be repleviable, but shall remain in the custody
of the Bureaus, Departments, Commission, or Office, respectively,
subject only to the orders and decrees of a court of competent
jurisdiction. The Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Commissioner of Public
Safety, the Director of the Oklahoma State Bureau of Investigation,
the Director of the Alcoholic Beverage Laws Enforcement Commission,
the Director of the Department of Corrections, and the Attorney
General shall follow the procedures outlined in Section 2-506 of
this title dealing with notification of seizure, intent of
forfeiture, final disposition procedures, and release to innocent
claimants with regard to all property included in this section
detained by the Department of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
Commission, the Department of Corrections, or the Office of the
Attorney General. Property taken or detained by the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Department of
Public Safety, the Oklahoma State Bureau of Investigation, the
Alcoholic Beverage Laws Enforcement Commission, the Department of
Corrections, or the Office of the Attorney General shall be disposed
of or sold pursuant to the provisions of Section 2-508 of this
title. Any money, coins, and currency, taken or detained pursuant
to this section may be deposited in an interest bearing account by
or at the direction of the State Treasurer if the seizing agency
determines the currency is not to be held as evidence. All interest
earned on such monies shall be returned to the claimant or forfeited
with the money, coins, and currency which was taken or detained as
provided by law.
F. The proceeds of any forfeiture of items seized by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall
be distributed as follows:
1. To the bona fide or innocent purchaser, conditional sales
vendor or mortgagee of the property, if any, up to the amount of his
interest in the property, when the court declaring a forfeiture
orders a distribution to such person; and
2. The balance to the Bureau of Narcotics Revolving Fund
established pursuant to Section 2-107 of this title, provided the
Bureau may enter into agreements with municipal, tribal, county,
state or federal law enforcement agencies, or other state agencies
Oklahoma Statutes - Title 63. Public Health and Safety Page 1020
with CLEET-certified law enforcement officers, assisting in the
forfeiture or underlying criminal investigation, to return to such
an agency a percentage of said proceeds.
G. Any agency that acquires seized or forfeited property or
money shall maintain a true and accurate inventory and record of all
such property seized pursuant to this section.
Added by Laws 1971, c. 119, § 2-503, operative Sept. 1, 1971.
Amended by Laws 1978, c. 194, § 1, emerg. eff. April 14, 1978; Laws
1981, c. 62, § 4, emerg. eff. April 13, 1981; Laws 1982, c. 153, §
1, operative Oct. 1, 1982; Laws 1985, c. 263, § 5, emerg. eff. July
15, 1985; Laws 1986, c. 291, § 1, eff. Nov. 1, 1986; Laws 1987, c.
136, § 5, eff. Nov. 1, 1987; Laws 1987, c. 138, § 9, emerg. eff.
June 19, 1987; Laws 1988, c. 236, § 1, eff. Nov. 1, 1988; Laws 1989,
c. 348, § 24, eff. Nov. 1, 1989; Laws 1990, c. 117, § 1, eff. Sept.
1, 1990; Laws 1991, c. 306, § 6, emerg. eff. June 4, 1991; Laws
1992, c. 373, § 13, eff. July 1, 1992; Laws 1993, c. 57, § 1, eff.
July 1, 1993; Laws 1994, c. 325, § 1, eff. Sept. 1, 1994; Laws 1995,
c. 147, § 4, eff. Nov. 1, 1995; Laws 1996, c. 347, § 2, emerg. eff.
June 14, 1996; Laws 1997, c. 265, § 17, eff. Sept. 1, 1997; Laws
2004, c. 537, § 2, emerg. eff. June 9, 2004; Laws 2007, c. 223, § 5,
eff. July 1, 2007; Laws 2009, c. 442, § 8, eff. July 1, 2009; Laws
2014, c. 154, § 5, eff. Nov. 1, 2014.
NOTE: Laws 1991, c. 216, § 32 repealed by Laws 1992, c. 373, § 22,
eff. July 1, 1992.
§63-2-503.1. Transactions involving proceeds derived from illegal
drug activity prohibited - Penalties.
A. It is unlawful for any person knowingly or intentionally to
receive or acquire proceeds and to conceal such proceeds, or engage
in transactions involving proceeds, known to be derived from any
violation of the Uniform Controlled Dangerous Substances Act,
Section 2-101 et seq. of this title, or of any statute of the United
States relating to controlled dangerous substances as defined by the
Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.
of this title. This subsection does not apply to any transaction
between an individual and the counsel of the individual necessary to
preserve the right to representation of the individual, as
guaranteed by the Oklahoma Constitution and by the Sixth Amendment
of the United States Constitution. However, this exception does not
create any presumption against or prohibition of the right of the
state to seek and obtain forfeiture of any proceeds derived from a
violation of the Uniform Controlled Dangerous Substances Act,
Section 2-101 et seq. of this title, or of any statute of the United
States relating to controlled dangerous substances as defined by the
Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.
of this title.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1021
B. It is unlawful for any person knowingly or intentionally to
give, sell, transfer, trade, invest, conceal, transport, or maintain
an interest in or otherwise make available anything of value which
that person knows is intended to be used for the purpose of
committing or furthering the commission of any violation of the
Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.
of this title, or of any statute of the United States relating to
controlled dangerous substances as defined by the Uniform Controlled
Dangerous Substances Act, Section 2-101 et seq. of this title.
C. It is unlawful for any person knowingly or intentionally to
direct, plan, organize, initiate, finance, manage, supervise, or
facilitate the transportation or transfer of proceeds known to be
derived from any violation of the Uniform Controlled Dangerous
Substances Act, Section 2-101 et seq. of this title, or of any
statute of the United States relating to controlled dangerous
substances as defined by the Uniform Controlled Dangerous Substances
Act, Section 2-101 et seq. of this title.
D. It is unlawful for any person knowingly or intentionally to
conduct a financial transaction involving proceeds derived from a
violation of the Uniform Controlled Dangerous Substances Act,
Section 2-101 et seq. of this title, or of any statute of the United
States relating to controlled dangerous substances as defined by the
Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.
of this title, when the transaction is designed in whole or in part
to conceal or disguise the nature, location, source, ownership, or
control of the proceeds known to be derived from a violation of the
Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.
of this title, or of any statute of the United States relating to
controlled dangerous substances as defined by the Uniform Controlled
Dangerous Substances Act, Section 2-101 et seq. of this title, or to
avoid a transaction reporting requirement under state or federal
law.
E. Any person convicted of violating any of the provisions of
this section is guilty of a Class C2 felony offense and may be
punished by imprisonment as provided for in subsections B through F
of Section 20M of Title 21 of the Oklahoma Statutes, or by a fine of
not more than Fifty Thousand Dollars ($50,000.00), or by both said
imprisonment and fine.
Added by Laws 1990, c. 232, § 8, emerg. eff. May 18, 1990. Amended
by Laws 1998, c. 100, § 2, emerg. eff. April 13, 1998; Laws 2025, c.
486, § 277, eff. Jan. 1, 2026.
§63-2-503.1a. Drug Money Laundering and Wire Transmitter Act -
Short title.
Sections 2-503.1a through 2-503.1i of this title and Sections 11
through 13 of this act shall be known and may be cited as the “Drug
Money Laundering and Wire Transmitter Act”.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1022
Added by Laws 2008, c. 170, § 1, eff. July 1, 2008. Amended by Laws
2009, c. 442, § 9, eff. July 1, 2009.
§63-2-503.1b. Criminal financial check on money services business
registrations.
A. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control shall conduct a criminal financial check on all registration
applications submitted pursuant to the provisions of Section 1513 of
Title 6 of the Oklahoma Statutes. The applicant for a money
services business license shall pay a fee of Fifty Dollars ($50.00)
to the Bureau for the criminal financial check prior to licensing.
This shall be in addition to all other administrative fees imposed
by the Oklahoma Banking Department.
B. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control shall have authority to access, review and investigate any
registration application and supplier reports submitted to the
Oklahoma State Banking Commissioner pursuant to Section 1513 of
Title 6 of the Oklahoma Statutes, for the purposes of criminal
financial checks, identifying or investigating suspicious or illegal
activities or to track illegal drug-related monies. A copy of all
money services transaction reports provided to the Oklahoma State
Banking Commissioner shall be provided to the Bureau.
Added by Laws 2008, c. 170, § 2, eff. July 1, 2008.
§63-2-503.1c. Financial transactions involving proceeds of unlawful
acts.
No person shall conduct or attempt to conduct a financial
transaction knowing that the property involved in such a financial
transaction represents the proceeds of some form of unlawful
activity related to any violation of Sections 2-101 through 2-608 of
Title 63 of the Oklahoma Statutes while:
1. Acting with the intent to promote the continuation of the
specified unlawful activity;
2. Acting with the intent to engage in conduct which violates
Sections 2-101 through 2-608 of Title 63 of the Oklahoma Statutes;
3. Acting with the knowledge that the transaction is designed
in whole or part to disguise the nature, location, source,
ownership, or control of the proceeds of the specified unlawful
activity; or
4. Acting with the knowledge that the transaction is designed
in whole or part to avoid a transaction reporting requirement.
Added by Laws 2008, c. 170, § 3, eff. July 1, 2008.
§63-2-503.1d. Certain sales or transfers of money transmitter
equipment prohibited - Allowing access to equipment - Penalty.
A. No person shall sell, give, transfer, trade, supply, or
provide any money transmitter equipment, as defined by the Oklahoma
Oklahoma Statutes - Title 63. Public Health and Safety Page 1023
Financial Transaction Reporting Act, to any person not licensed by
the Oklahoma State Banking Commissioner. Any person violating the
provisions of this section shall be guilty upon conviction of a
misdemeanor, for a first offense, and a Class D1 felony offense for
any second or subsequent offense. The misdemeanor penalty shall be
a fine not exceeding Three Thousand Dollars ($3,000.00), or
imprisonment in the county jail not to exceed one (1) year, or both
such fine and imprisonment. The Class D1 felony penalty shall be
imprisonment as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, or a fine not exceeding
Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment.
B. Any person who encourages, facilitates, or allows access to
any money transmitter equipment in any manner to facilitate any
violation of Section 2-503.1 of this title shall be guilty of a
Class C2 felony offense, upon conviction, punishable as provided for
in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes.
Added by Laws 2008, c. 170, § 4, eff. July 1, 2008. Amended by Laws
2025, c. 486, § 278, eff. Jan. 1, 2026.
§63-2-503.1e. Use of money services business for unlawful acts.
A. Any person who knowingly or intentionally uses a money
services business, as defined by the Oklahoma Financial Transaction
Reporting Act, or an electronic funds transfer network for any
purpose in violation of Section 2-503.1 of this title or Sections 2-
503.1a through 2-503.1i of this title, or with intent to facilitate
any violation of the Uniform Controlled Dangerous Substances Act or
any statute of the United States relating to controlled substances,
or to commit any other crime shall be guilty, upon conviction, of a
Class C2 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes.
B. Any person who, by or through a money services business, as
defined in the Oklahoma Financial Transaction Reporting Act, or an
electronic funds transfer network, knowingly transmits, exchanges,
or processes any securities or negotiable instruments for any
purpose in violation of Section 2-503.1 of this title or Sections 2-
503.1a through 2-503.1i of this title shall be guilty, upon
conviction, of a Class C2 felony offense and shall be punished by
imprisonment as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes.
Added by Laws 2008, c. 170, § 5, eff. July 1, 2008. Amended by Laws
2025, c. 486, § 279, eff. Jan. 1, 2026.
§63-2-503.1f. Evasion of certain money reporting requirements.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1024
A. No person shall, for the purpose of evading the reporting
requirements set forth in 31 U.S.C., Section 5311, 31 C.F.R., Part
103, Title 6 or Sections 2-101 through 2-608 of Title 63 of the
Oklahoma Statutes, or other federal laws pertaining to money
laundering:
1. Cause or attempt to cause the failure to file a report
required under Title 6 or Title 63 of the Oklahoma Statutes, or
federal monetary reporting requirements under law; or
2. Cause or attempt to cause the filing of a report required
under Title 6 or Title 63 of the Oklahoma Statutes, or federal
monetary reporting requirements under law, that contains a material
omission or misstatement of fact.
B. Any person convicted of violating the provisions of this
section shall be guilty of a Class C1 felony offense punishable by
imprisonment as provided for in subsections B through E of Section
20L of Title 21 of the Oklahoma Statutes.
Added by Laws 2008, c. 170, § 6, eff. July 1, 2008. Amended by Laws
2025, c. 486, § 199, eff. Jan. 1, 2026
§63-2-503.1g. Structuring of monetary transactions.
A. It shall be unlawful for any person to structure, assist in
structuring, attempt to structure, or attempt to assist in
structuring any transaction with one or more financial or
nonfinancial trades or businesses, to include any importation or
exportation of monetary instruments.
B. It shall be unlawful for any person to structure or assist
in structuring, or attempt to structure or assist in structuring any
transaction with one or more organizations that have a monetary
reporting requirement under federal law or under Title 6 or Sections
2-101 through 2-608 of Title 63 of the Oklahoma Statutes.
C. For purposes of this section, “structuring” means a person
who, acting alone, in conjunction with others, or on behalf of
others, conducts or attempts to conduct one or more transactions in
currency, in any amount, at one or more organizations that have a
monetary reporting requirement under federal law or under Title 6 or
Title 63 of the Oklahoma Statutes, on one or more days, for the
purpose of evading the reporting requirements of any federal law or
any provision of Title 6 or Title 63 of the Oklahoma Statutes
requiring reporting of financial transactions.
D. Any person violating the provisions of this section shall,
upon conviction, be guilty of a Class C2 felony offense punishable
by imprisonment as provided for in subsections B through F of
Section 20M of Title 21 of the Oklahoma Statutes.
Added by Laws 2008, c. 170, § 7, eff. July 1, 2008. Amended by Laws
2025, c. 486, § 280, eff. Jan. 1, 2026.
§63-2-503.1h. Violation of act - Penalties - Definitions.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1025
A. Unless otherwise provided, any person convicted of violating
any of the provisions of this act is guilty of a felony and may be
punished by imprisonment for not less than two (2) years nor more
than ten (10) years or by a fine of not more than Fifty Thousand
Dollars ($50,000.00) or an amount equal to twice the dollar amount
of each transaction, whichever is greater, or by both such fine and
imprisonment.
B. For the purposes of this act, the terms, "money transmitter
equipment" or a "money transmitter service" shall include an entity
or person engaged in activity in violation of these provisions
regardless of whether the person or entity is licensed to conduct
such activity under the Oklahoma Financial Transaction Reporting
Act.
Added by Laws 2008, c. 170, § 8, eff. July 1, 2008.
§63-2-503.1i. Interception, seizure and forfeiture of funds or
equipment.
A. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control shall have authority to intercept, seize and forfeit any
funds or equipment in violation of any provision of the Drug Money
Laundering and Wire Transmitter Act or in violation of Section 2-
503.1 of this title.
B. A warrant for the seizure of property pursuant to Section
1222 of Title 22 of the Oklahoma Statutes may be issued by a
district judge upon finding of probable cause for funds believed to
be used or intended for any violation of the Uniform Controlled
Dangerous Substances Act to any licensee under the Oklahoma
Financial Transaction Reporting Act.
C. The State Banking Commissioner or designee upon receipt of
an affidavit of probable cause from an agent of the Bureau, may
issue an emergency notice requiring a temporary freeze on an account
to any financial institution or money services business under its
jurisdiction. Such freeze shall halt all transactions in the
account. During the fifteen-day freeze, an account holder may file
an emergency appeal to the district court. The district court shall
schedule a hearing on the emergency appeal within three (3) judicial
days of the request. The provisions of Section 2201 et seq. of
Title 6 of the Oklahoma Statutes shall not apply to this section.
This freeze shall not exceed fifteen (15) days and shall
automatically expire unless:
1. A subsequent seizure warrant is issued by a district judge;
or
2. A notice of forfeiture is filed on the contents of the
account pursuant to Section 2-503 of this title.
D. No financial institution shall have liability to an account
holder for acting pursuant to this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1026
Added by Laws 2008, c. 170, § 9, eff. July 1, 2008. Amended by Laws
2009, c. 442, § 10, eff. July 1, 2009.
§63-2-503.1j. Money and wire transmission fee - Quarterly
remittance - Notice of income tax credit - Enforcement.
A. Any licensee of a money transmission, transmitter or wire
transmitter business pursuant to the Oklahoma Financial Transaction
Reporting Act and their delegates shall collect a fee of Five
Dollars ($5.00) for each transaction not in excess of Five Hundred
Dollars ($500.00) and in addition to such fee an amount equal to one
percent (1%) of the amount in excess of Five Hundred Dollars
($500.00).
B. The fee prescribed by subsection A of this section shall be
remitted quarterly to the Oklahoma Tax Commission on such forms as
the Commission, with the assistance of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, may prescribe for such
purpose. All required forms and remittances shall be filed with the
Tax Commission not later than the fifteenth day of the month
following the close of each calendar quarter.
C. The Oklahoma Tax Commission shall apportion all revenues
derived from the fee to the Drug Money Laundering and Wire
Transmitter Revolving Fund.
D. Every licensee and their delegates shall post a notice on a
form prescribed by the Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control that notifies customers that
upon filing an individual income tax return with either a valid
social security number or a valid taxpayer identification number the
customer shall be entitled to an income tax credit equal to the
amount of the fee paid by the customer for the transaction.
E. The Oklahoma Tax Commission shall be afforded all provisions
currently under law to enforce the provisions of subsection B of
this section. If a licensee fails to file reports or fails to remit
the fee authorized by subsection B of this section, the Oklahoma Tax
Commission shall have the authority pursuant to Section 212 of Title
68 of the Oklahoma Statutes to suspend the license of the licensee
and its delegates. A notification of the suspension shall also be
sent to the State Banking Commissioner and the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. The
licensee and its delegates may not reapply for a license until all
required reports have been filed and all required fee amounts have
been remitted.
F. Upon request from the Oklahoma Tax Commission, the State
Banking Commissioner may make a claim against the surety bond of the
licensee on behalf of the State of Oklahoma.
G. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control and its attorneys may assist the Oklahoma Tax Commission in
Oklahoma Statutes - Title 63. Public Health and Safety Page 1027
conducting audits and the prosecution and/or seeking of legal
remedies to ensure compliance with this act.
Added by Laws 2009, c. 442, § 11, eff. July 1, 2009.
§63-2-503.1k. Prosecution - Venue.
A. A prosecution for an offense under the Drug Money Laundering
and Wire Transmitter Act may be brought in:
1. Any county in which the financial or monetary transaction is
conducted; or
2. Any county where a prosecution for the underlying specified
unlawful activity could be brought, if the defendant participated in
the transfer of the proceeds of the specified unlawful activity from
that county to the county where the financial or monetary
transaction is conducted.
B. A prosecution for an attempt or conspiracy offense under the
Drug Money Laundering and Wire Transmitter Act may be brought in the
county where venue would lie for the completed offense or in any
other county where an act in furtherance of the attempt or
conspiracy took place.
C. For purposes of this section, a transfer of funds from one
place to another, by wire or any other means, shall constitute a
single, continuing transaction. Any person who conducts any portion
of the transaction may be charged in any jurisdiction in which the
transaction takes place.
Added by Laws 2009, c. 442, § 12, eff. July 1, 2009.
§63-2-503.1l. Definitions.
As used in the Drug Money Laundering and Wire Transmitter Act:
1. “Conducts” includes initiating, concluding, or participating
in initiating, or concluding a transaction;
2. “Financial institution” includes:
a. any financial institution, as defined in Section
5312(a)(2) of Title 31 of the United States Code, or
the regulations promulgated thereunder, and
b. any foreign bank, as defined in Section 3101 of Title
12 of the United States Code;
3. “Financial transaction” means:
a. a transaction which in any way or degree affects
state, interstate or foreign commerce:
(1) involving the movement of funds by wire or other
means,
(2) involving one or more monetary instruments, or
(3) involving the transfer of title to any real
property, vehicle, vessel, or aircraft; or
b. a transaction involving the use of a financial
institution which is engaged in, or the activities of
which affect, state, interstate or foreign commerce
Oklahoma Statutes - Title 63. Public Health and Safety Page 1028
in any way or degree;
4. “Knowing that the property involved in a financial
transaction represents the proceeds of some form of unlawful
activity” means that the person knew the property involved in the
transaction represented proceeds from some form, though not
necessarily which form, of any violation of the Uniform Controlled
Dangerous Substances Act;
5. “Monetary instruments” means:
a. coin or currency of the United States or of any other
country, travelers’ checks, personal checks, bank
checks, and money orders, or
b. investment securities or negotiable instruments, in
bearer form or otherwise in such form that title
thereto passes upon delivery;
6. “Money transmitting” includes transferring funds by any and
all means including, but not limited to, transfers within this
state, country or to locations abroad by wire, check, draft,
facsimile, or courier;
7. “Proceeds” means all things of value furnished, or intended
to be furnished, in exchange for a controlled dangerous substance in
violation of the Uniform Controlled Dangerous Substances Act,
including all proceeds traceable to such an exchange, and all
monies, negotiable instruments, and securities used, or intended to
be used to facilitate any violation of the Uniform Controlled
Dangerous Substances Act;
8. “Specified unlawful activity” means any violation of the
Uniform Controlled Dangerous Substances Act; and
9. “Transaction” includes a purchase, sale, loan, pledge, gift,
transfer, delivery, or other disposition, and with respect to a
financial institution includes a deposit, withdrawal, transfer
between accounts, exchange of currency, loan, extension of credit,
purchase or sale of any stock, bond, certificate of deposit, or
other monetary instrument, use of a safe deposit box, or any other
payment, transfer, or delivery by, through, or to a financial
institution, by whatever means effected.
Added by Laws 2009, c. 442, § 13, eff. July 1, 2009.
§63-2-503.2. Assessment for violation of acts - Drug Abuse
Education and Treatment Revolving Fund.
A. 1. Every person convicted of a violation of the Uniform
Controlled Dangerous Substances Act or the Trafficking In Illegal
Drugs Act shall be assessed for each offense a sum of not less than
One Hundred Dollars ($100.00) nor more than Three Thousand Dollars
($3,000.00).
2. The assessment shall be mandatory and in addition to and not
in lieu of any fines, restitution costs, other assessments, or
forfeitures authorized or required by law for the offense. The
Oklahoma Statutes - Title 63. Public Health and Safety Page 1029
assessment required by this section shall not be subject to any
order of suspension. The court shall order either a lump sum
payment or establish a payment schedule.
3. Failure of the offender to comply with the payment schedule
shall be considered contempt of court.
4. For purposes of collection, the assessment order shall not
expire until paid in full, nor shall the assessment order be limited
by the term of imprisonment prescribed by law for the offense, nor
by any term of imprisonment imposed against the offender, whether
suspended or actually served.
B. The assessment provided for in subsection A of this section
shall be collected by the court clerk as provided for collection of
fines and costs. When assessment payments are collected by the
court clerk pursuant to court order, the funds shall be forwarded to
the Department of Mental Health and Substance Abuse Services for
deposit into its Drug Abuse Education and Treatment Revolving Fund
created by this section.
C. 1. There is hereby created in the State Treasury a
revolving fund for the Department of Mental Health and Substance
Abuse Services to be designated the "Drug Abuse Education and
Treatment Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of assessments
collected pursuant to this section, court-ordered assessments
collected pursuant to Section 11-902 of Title 47 of the Oklahoma
Statutes and Section 2-401 of this title, the Oklahoma Drug Court
Act, Section 2-2-509 of Title 10A of the Oklahoma Statutes, grants,
gifts and other money accruing to the benefit of the fund and the
Oklahoma Drug Court Act.
2. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department of
Mental Health and Substance Abuse Services for treatment and drug
testing of indigent substance abusing offenders pursuant to the
Oklahoma Drug Court Act, Section 2-2-205 of Title 10A of the
Oklahoma Statutes, and Sections 2-2-506 through 2-2-509 of Title 10A
of the Oklahoma Statutes, for substance abuse prevention, drug
courts, and continuing education.
3. Expenditures from said 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.
4. Monies expended from this fund shall not supplant other
local, state, or federal funds.
Added by Laws 1990, c. 232, § 9, emerg. eff. May 18, 1990. Amended
by Laws 1997, c. 359, § 14, eff. July 1, 1997; Laws 1998, c. 53, §
2, eff. July 1, 1998; Laws 2001, c. 258, § 10, eff. July 1, 2001;
Laws 2003, c. 224, § 20, eff. July 1, 2003; Laws 2003, c. 437, § 3,
eff. July 1, 2003; Laws 2005, c. 226, § 8, eff. Nov. 1, 2005; Laws
Oklahoma Statutes - Title 63. Public Health and Safety Page 1030
2009, c. 234, § 153, emerg. eff. May 21, 2009; Laws 2012, c. 304, §
500.
§63-2-503A. Drug manufacture vehicle.
Any law enforcement agency in this state that seizes a vehicle
in which a controlled dangerous substance has been manufactured that
is forfeited pursuant to Section 2-503 of Title 63 of the Oklahoma
Statutes may request that Service Oklahoma brand the certificate of
title with the notation “Drug Manufacture Vehicle”.
Added by Laws 2010, c. 308, § 1, eff. Nov. 1, 2010. Amended by Laws
2025, c. 171, § 58, eff. July 1, 2026.
§63-2-504. Seizure of property.
Any peace officer of this state shall seize property subject to
forfeiture under this act when:
1. The seizure is incident to arrest or search warrant;
2. The property has been the subject of a prior judgment in
favor of the state in an injunction or forfeiture proceeding under
this act;
3. Probable cause exists to believe the property is dangerous
to health or safety; or
4. Probable cause exists to believe the property has been used,
or will be used, in violation of this act.
Added by Laws 1971, c. 119, § 2-504, operative Sept. 1, 1971.
§63-2-505. Summary forfeiture of certain substances.
A. All controlled substances in Schedule I of Section 2-204 of
this title and all controlled substances in Schedules II, III, IV,
and V that are not in properly labeled containers in accordance with
this act that are possessed, transferred, sold, or offered for sale
in violation of this act are deemed contraband and shall be seized
and summarily forfeited.
B. All hazardous materials and all property contaminated with
hazardous materials described in paragraph 2 of subsection A of
Section 2-503 of this title, used or intended to be used by persons
to unlawfully manufacture or attempt to manufacture any controlled
dangerous substance, shall be summarily forfeited to the state and
submitted to the Oklahoma State Bureau of Investigation for prompt
destruction in accordance with state and federal laws.
C. Species of plants from which controlled substances in
Schedules I or II of the Uniform Controlled Dangerous Substances Act
may be derived which have been planted or cultivated in violation of
the Uniform Controlled Dangerous Substances Act, or of which the
owners or cultivators are unknown, or which are wild growths, may be
seized by peace officers, summarily forfeited and, in lieu of the
eradication procedures contained in Section 2-509 of this title,
promptly cut and burned where seized or destroyed by applications of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1031
herbicides approved for such purpose and registered for use in
Oklahoma by the Oklahoma Department of Agriculture, Food, and
Forestry. The Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control shall ensure that persons spraying the plants are
trained in the appropriate use of the herbicide and any safety and
protection issues pursuant to the requirements of the Oklahoma
Department of Agriculture, Food, and Forestry.
Added by Laws 1971, c. 119, § 2-505, operative Sept. 1, 1971.
Amended by Laws 1987, c. 138, § 10, emerg. eff. June 19, 1987; Laws
1989, c. 237, § 4, eff. Nov. 1, 1989; Laws 1994, c. 335, § 1, emerg.
eff. June 8, 1994; Laws 1997, c. 110, § 1, emerg. eff. April 15,
1997; Laws 2017, c. 25, § 1, eff. Nov. 1, 2017.
§63-2-506. Seizure of property - Notice of seizure and intended
forfeiture proceeding - Verified answer and claim to property -
Hearing - Evidence and proof - Proceeds of sale.
A. Any peace officer of this state shall seize the following
property:
1. Any property described in subsection A of Section 2-503 of
this title. Such property shall be held as evidence until a
forfeiture has been declared or release ordered, except for property
described in paragraphs 1, 2 and 3 of subsection A of Section 2-503
of this title, or in the case of money, coins, and currency,
deposited as provided in subsection E of Section 2-503 of this
title; provided, any money, coins and currency taken or detained
pursuant to this section may be deposited in an interest-bearing
account by or at the direction of the district attorney in the
office of the county treasurer if the district attorney determines
the currency is not to be held as evidence. All interest earned on
such monies shall be returned to the claimant or forfeited with the
money, coins and currency which was taken or detained as provided by
law;
2. Any property described in subsection B of Section 2-503 of
this title; or
3. Any property described in subsection C of Section 2-503 of
this title.
B. Notice of seizure and intended forfeiture proceeding shall
be filed in the office of the clerk of the district court for the
county wherein such property is seized and shall be given all owners
and parties in interest. Notwithstanding any other provision of
law, no filing fees shall be assessed by the court clerk for the
filing of any forfeiture action.
C. Notice shall be given by the agency seeking forfeiture
according to one of the following methods:
1. Upon each owner or party in interest whose right, title or
interest is of record in the Tax Commission, by mailing a copy of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1032
the notice by certified mail to the address as given upon the
records of the Tax Commission;
2. Upon each owner or party in interest whose name and address
is known to the attorney in the office of the agency prosecuting the
action to recover unpaid fines, by mailing a copy of the notice by
registered mail to the last-known address; or
3. Upon all other owners or interested parties, whose addresses
are unknown, but who are believed to have an interest in the
property, by one publication in a newspaper of general circulation
in the county where the seizure was made.
D. Within forty-five (45) days after the mailing or publication
of the notice, the owner of the property and any other party in
interest or claimant may file a verified answer and claim to the
property described in the notice of seizure and of the intended
forfeiture proceeding.
E. If at the end of forty-five (45) days after the notice has
been mailed or published there is no verified answer on file, the
court shall hear evidence upon the fact of the unlawful use and
shall order the property forfeited to the state, if such fact is
proved. Except as otherwise provided for in Section 2-503 of this
title, any such property shall be forfeited to the state and sold
under judgment of the court pursuant to the provisions of Section 2-
508 of this title.
F. If a verified answer is filed, the forfeiture proceeding
shall be set for hearing.
G. At a hearing in a proceeding against property described in
paragraphs 3 through 9 of subsection A or subsections B and C of
Section 2-503 of this title, the requirements set forth in said
paragraph or subsection, respectively, shall be satisfied by the
state by a preponderance of the evidence.
H. The claimant of any right, title, or interest in the
property may prove a lien, mortgage, or conditional sales contract
to be a bona fide or innocent ownership interest and that such
right, title, or interest was created without any knowledge or
reason to believe that the property was being, or was to be, used
for the purpose charged.
I. In the event of such proof, the court shall order the
property released to the bona fide or innocent owner, lien holder,
mortgagee or vendor if the amount due him is equal to, or in excess
of, the value of the property as of the date of the seizure, it
being the intention of this section to forfeit only the right, title
or interest of the purchaser.
J. If the amount due to such person is less than the value of
the property, or if no bona fide claim is established, the property
shall be forfeited to the state and sold under judgment of the
court, as provided for in Section 2-508 of this title, except as
otherwise provided for in Section 2-503 of this title.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1033
K. Property taken or detained under this section shall not be
repleviable, but shall be deemed to be in the custody of the office
of the district attorney of the county wherein the property was
seized, subject only to the orders and decrees of the court or the
official having jurisdiction thereof; said official shall maintain a
true and accurate inventory and record of all such property seized
under the provisions of this section. The provisions of this
subsection shall not apply to property taken or detained by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the
Department of Public Safety, the Oklahoma State Bureau of
Investigation, the Alcoholic Beverage Laws Enforcement Commission,
the Department of Corrections or the Office of the Attorney General.
Property taken or detained by the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control, the Department of Public Safety, the
Oklahoma State Bureau of Investigation, the Alcoholic Beverage Laws
Enforcement Commission, the Department of Corrections or the Office
of the Attorney General shall be subject to the provisions of
subsections E and F of Section 2-503 of this title.
L. The proceeds of the sale of any property not taken or
detained by the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Department of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
Commission, the Department of Corrections or the Office of the
Attorney General shall be distributed as follows, in the order
indicated:
1. To the bona fide or innocent purchaser, conditional sales
vendor or mortgagee of the property, if any, up to the amount of his
or her interest in the property, when the court declaring the
forfeiture orders a distribution to such person;
2. To the payment of the actual expenses of preserving the
property and legitimate costs related to the civil forfeiture
proceedings. For purposes of this paragraph, the term "legitimate
costs" shall not include court costs associated with any civil
forfeiture proceeding; and
3. The balance to a revolving fund in the office of the county
treasurer of the county wherein the property was seized, said fund
to be used as a revolving fund solely for enforcement of controlled
dangerous substances laws, drug abuse prevention and drug abuse
education, and maintained by the district attorney in his or her
discretion for those purposes with a yearly accounting to the board
of county commissioners in whose county the fund is established and
to the District Attorneys Council; provided, one hundred percent
(100%) of the balance of the proceeds of such sale of property
forfeited due to nonpayment of a fine imposed pursuant to the
provisions of Section 2-415 of this title shall be apportioned as
provided in Section 2-416 of this title. The revolving fund shall
be audited by the State Auditor and Inspector at least every two (2)
Oklahoma Statutes - Title 63. Public Health and Safety Page 1034
years in the manner provided in Section 171 of Title 19 of the
Oklahoma Statutes. Said audit shall include, but not be limited to,
a compliance audit. A district attorney may enter into agreements
with municipal, tribal, county or state agencies to return to such
an agency a percentage of proceeds of the sale of any property
seized by the agency and forfeited under the provisions of this
section. The District Attorneys Council shall adopt guidelines
which ensure that such agencies receive a reasonable percentage of
such proceeds, considering the relative contribution of each agency
to the drug enforcement and prosecution operations relating to the
seizure. In formulating said guidelines, the District Attorneys
Council shall examine federal guidelines on asset distribution and
use said guidelines as a basis for establishing guidelines for this
state. The Attorney General is hereby authorized to mediate
disputes between district attorneys and such agencies concerning the
application of said guidelines in particular instances. Any agency
that receives proceeds from an asset distribution shall maintain a
true and accurate record of all such assets.
M. Whenever any vehicle, airplane or vessel is forfeited under
the Uniform Controlled Dangerous Substances Act, the district court
of jurisdiction may order that the vehicle, airplane or vessel
seized may be retained by the state, county or city law enforcement
agency which seized the vehicle, airplane or vessel for its official
use.
N. If the court finds that the state failed to satisfy the
required showing provided for in subsection G of this section, the
court shall order the property released to the owner or owners.
O. Except as provided for in subsection Q of this section, a
bona fide or innocent owner, lien holder, mortgagee or vendor that
recovers property pursuant to this section shall not be liable for
storage fees.
P. Except as provided for in subsection Q of this section,
storage fees shall be paid by the agency which is processing the
seizure and forfeiture from funds generated by seizure and
forfeiture actions.
Q. The bona fide or innocent owner, lien holder, mortgagee or
vendor shall reclaim subject seized property within thirty (30) days
of written notice from the seizing agency. If such person fails to
reclaim the property within the thirty-day time period, then storage
fees may be assessed against their secured interest.
R. 1. At any hearing held relevant to this section, a report
of the findings of the laboratory of the Oklahoma State Bureau of
Investigation, the medical examiner's report of investigation or
autopsy report, or a laboratory report from a forensic laboratory
operated by the State of Oklahoma or any political subdivision
thereof, which has been made available to the accused by the office
of the district attorney or other party to the forfeiture at least
Oklahoma Statutes - Title 63. Public Health and Safety Page 1035
five (5) days prior to the hearing, with reference to all or part of
the evidence submitted, when certified as correct by the persons
making the report shall be received as evidence of the facts and
findings stated, if relevant and otherwise admissible in evidence.
If such report is deemed relevant by the forfeiture applicant or the
respondent, the court shall admit such report without the testimony
of the person making the report, unless the court, pursuant to this
subsection, orders such person to appear.
2. When any alleged controlled dangerous substance has been
submitted to the laboratory of the OSBI for analysis, and such
analysis shows that the submitted material is a controlled dangerous
substance, the distribution of which constitutes a felony under the
laws of this state, no portion of such substance shall be released
to any other person or laboratory except to the criminal justice
agency originally submitting the substance to the OSBI for analysis,
absent an order of a district court. The defendant shall
additionally be required to submit to the court a procedure for
transfer and analysis of the subject material to ensure the
integrity of the sample and to prevent the material from being used
in any illegal manner.
3. The court, upon motion of either party, shall order the
attendance of any person preparing a report submitted as evidence in
the hearing when it appears there is a substantial likelihood that
material evidence not contained in said report may be produced by
the testimony of any person having prepared a report. The hearing
shall be held and, if sustained, an order issued not less than five
(5) days prior to the time when the testimony shall be required.
4. If within five (5) days prior to the hearing or during a
hearing, a motion is made pursuant to this section requiring a
person having prepared a report to testify, the court may hear a
report or other evidence but shall continue the hearing until such
time notice of the motion and hearing is given to the person making
the report, the motion is heard, and, if sustained, the testimony
ordered can be given.
S. In any forfeiture proceeding under this chapter in which the
defendant or claimant prevails, the court may order the plaintiff
processing the seizure and forfeiture to pay from funds generated by
seizure and forfeiture actions:
1. Reasonable attorney fees and other litigation costs
reasonably incurred by the defendant or claimant directly related to
the claim on which the defendant or claimant prevailed;
2. Postjudgment interest; and
3. In cases involving currency or other negotiable instruments:
a. interest actually paid to the state from the date of
seizure or arrest of the property that resulted from
the investment of the property in an interest-bearing
account or instrument, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1036
b. an imputed amount of interest that such currency,
instruments, or proceeds would have earned at the rate
applicable to the thirty-day Treasury Bill, for any
period during which no interest was paid, not
including any period when the property reasonably was
in use as evidence in an official proceeding or in
conducting scientific tests for the purpose of
collecting evidence, commencing fifteen (15) days
after the property was seized by a law enforcement
agency or was turned over to a law enforcement agency
by a federal law enforcement authority.
Added by Laws 1971, c. 119, § 2-506, operative Sept. 1, 1971.
Amended by Laws 1978, c. 194, § 2, emerg. eff. April 14, 1978; Laws
1980, c. 102, § 1, eff. Oct. 1, 1980; Laws 1982, c. 153, § 2,
operative Oct. 1, 1982; Laws 1985, c. 263, § 6, emerg. eff. July 15,
1985; Laws 1986, c. 240, § 11, eff. Nov. 1, 1986; Laws 1987, c. 136,
§ 6, eff. Nov. 1, 1987; Laws 1988, c. 236, § 2, eff. Nov. 1, 1988;
Laws 1990, c. 117, § 2, eff. Sept. 1, 1990; Laws 1990, c. 264, § 27,
operative July 1, 1990; Laws 1991, c. 318, § 1, eff. Sept. 1, 1991;
Laws 1992, c. 64, § 1, eff. Sept. 1, 1992; Laws 1993, c. 57, § 2,
eff. July 1, 1993; Laws 1994, c. 325, § 2, eff. Sept. 1, 1994; Laws
1995, c. 147, § 5, eff. Nov. 1, 1995; Laws 1996, c. 199, § 5, eff.
Nov. 1, 1996; Laws 1996, c. 347, § 3, emerg. eff. June 14, 1996;
Laws 1997, c. 93, § 1, emerg. eff. April 11, 1997; Laws 2001, c. 31,
§ 1, eff. Nov. 1, 2001; Laws 2002, c. 460, § 36, eff. Nov. 1, 2002;
Laws 2004, c. 537, § 3, emerg. eff. June 9, 2004; Laws 2007, c. 248,
§ 4, emerg. eff. June 4, 2007; Laws 2009, c. 442, § 14, eff. July 1,
2009; Laws 2014, c. 284, § 1, eff. Nov. 1, 2014; Laws 2016, c. 225,
§ 1, eff. Nov. 1, 2016.
NOTE: Laws 1991, c. 216, § 33 repealed by Laws 1992, c. 64, § 4,
eff. Sept. 1, 1992.
§63-2-507. Itemization and submission for destruction.
Any peace officer of this state seizing any of the property
described in paragraphs 1 and 2 of subsection A of Section 2-503 of
this title shall cause a written inventory to be made and maintain
custody of the same until all legal actions have been exhausted
unless such property has been placed in lawful custody of a court or
state or federal law enforcement agency or unless otherwise provided
by law. After all legal actions have been exhausted with respect to
such property, the property shall be surrendered by the court, law
enforcement agency or person having custody of the same to the
Oklahoma State Bureau of Investigation to be destroyed as provided
in Section 2-508 of this title. The property shall be accompanied
with a written inventory on forms to be furnished by the Oklahoma
State Bureau of Investigation.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1037
Added by Laws 1971, c. 119, § 2-507, operative Sept. 1, 1971.
Amended by Laws 2004, c. 537, § 4, emerg. eff. June 9, 2004.
§63-2-508. Disposition of seized property.
A. Except as otherwise provided, all property described in
paragraphs 1 and 2 of subsection A of Section 2-503 of this title
which is seized or surrendered pursuant to the provisions of the
Uniform Controlled Dangerous Substances Act shall be destroyed. The
destruction shall be done by or at the direction of the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control (OSBNDD), who
shall have the discretion prior to destruction to preserve samples
of the substance for testing. In any county with a population of
four hundred thousand (400,000) or more according to the latest
Federal Decennial Census, there shall be a located site, approved by
the OSBNDD, for the destruction of the property. Any such property
submitted to the OSBNDD which it deems to be of use for
investigative training, educational, or analytical purposes may be
retained by the OSBNDD in lieu of destruction.
B. 1. With respect to controlled dangerous substances seized
or surrendered pursuant to the provisions of the Uniform Controlled
Dangerous Substances Act, municipal police departments, sheriffs,
the Oklahoma Bureau of Narcotics and Dangerous Drugs Control
Commission, the Oklahoma Highway Patrol, and the Oklahoma State
Bureau of Investigation shall have the authority to destroy seized
controlled dangerous substances when the amount seized in a single
incident exceeds ten (10) pounds. The destroying agency shall:
a. photograph the seized substance with identifying case
numbers or other means of identification,
b. prepare a report describing the seized substance prior
to the destruction,
c. retain at least one (1) pound of the substance
randomly selected from the seized substance for the
purpose of evidence, and
d. obtain and retain samples of the substance from enough
containers, bales, bricks, or other units of substance
seized to establish the presence of a weight of the
substance necessary to establish a violation of the
Trafficking in Illegal Drugs Act pursuant to
subsection C of Section 2-415 of this title, if such a
weight is present. If such weight is not present,
samples of the substance from each container, bale,
brick or other unit of substance seized shall be
taken. Each sample taken pursuant to this section
shall be large enough for the destroying agency and
the defendant or suspect to have an independent test
performed on the substance for purposes of
identification.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1038
2. If a defendant or suspect is known to the destroying agency,
the destroying agency shall give at least seven (7) days' written
notice to the defendant, suspect or counsel for the defendant or
suspect of:
a. the date, the time, and the place where the
photographing will take place and notice of the right
to attend the photographing, and
b. the right to obtain samples of the controlled
dangerous substance for independent testing and use as
evidence.
3. The written notice shall also inform the defendant, suspect
or counsel for the defendant or suspect that the destroying agency
must be notified in writing within seven (7) days from receipt of
the notice of the intent of the suspect or defendant to obtain
random samples and make arrangements for the taking of samples. The
samples for the defendant or suspect must be taken by a person
licensed by the Drug Enforcement Administration. If the defendant
or counsel for the defendant fails to notify the destroying agency
in writing of an intent to obtain samples and fails to make
arrangements for the taking of samples, a sample taken pursuant to
subparagraph d of paragraph 1 of this subsection shall be made
available upon request of the defendant or suspect.
The representative samples, the photographs, the reports, and
the records made under this section and properly identified shall be
admissible in any court or administrative proceeding for any
purposes for which the seized substance itself would have been
admissible.
C. All other property not otherwise provided for in the Uniform
Controlled Dangerous Substances Act which has come into the
possession of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Department of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
Commission, the Department of Corrections, the Office of the
Attorney General, or a district attorney may be disposed of by order
of the district court when no longer needed in connection with any
litigation. If the owner of the property is unknown to the agency
or district attorney, the agency or district attorney shall hold the
property for at least six (6) months prior to filing a petition for
disposal with the district court except for laboratory equipment
which may be forfeited when no longer needed in connection with
litigation, unless the property is perishable. The Director or
Commissioner of the agency, the Attorney General, or district
attorney shall file a petition in the district court of Oklahoma
County or in the case of a district attorney, the petition shall be
filed in a county within the jurisdiction of the district attorney
requesting the authority to:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1039
1. Conduct a sale of the property at a public auction or use an
Internet auction, which may include online bidding; or
2. Convert title of the property to the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control, the Department of Public
Safety, the Oklahoma State Bureau of Investigation, the Alcoholic
Beverage Laws Enforcement Commission, the Department of Corrections,
the Office of the Attorney General, or to the district attorney's
office for the purposes provided for in subsection J, K or L of this
section.
The Director, Commissioner, Attorney General or district
attorney shall attach to the petition:
a. a list describing the property, including all
identifying numbers and marks, if any,
b. the date the property came into the possession of the
agency or district attorney, and
c. the name and address of the owner, if known.
For any item having an apparent value in excess of One Hundred
Dollars ($100.00), but less than Five Hundred Dollars ($500.00), the
notice of the hearing of the petition for the sale of the property,
except laboratory equipment used in the processing, manufacturing or
compounding of controlled dangerous substances in violation of the
provisions of the Uniform Controlled Dangerous Substances Act, shall
be given to every known owner, as set forth in the petition, by
first-class mail to the last-known address of the owner at least ten
(10) days prior to the date of the hearing. An affidavit of notice
being sent shall be filed with the court by a representative of the
agency, the Director or Commissioner of the agency, the Attorney
General or district attorney. For items in excess of Five Hundred
Dollars ($500.00), a notice of the hearing of the petition for the
sale of said property shall be delivered to every known owner as set
forth in the petition by certified mail. Notice of a hearing on a
petition for forfeiture or sale of laboratory equipment used in the
processing, manufacturing or compounding of controlled dangerous
substances in violation of the Uniform Controlled Dangerous
Substances Act shall not be required.
The notice shall contain a brief description of the property,
and the location and date of the hearing. In addition, notice of
the hearing shall be posted in three public places in the county,
one such place being the county courthouse at the regular place
assigned for the posting of legal notices. At the hearing, if no
owner appears and establishes ownership of the property, the court
may enter an order authorizing the Director, Commissioner, Attorney
General, or district attorney to donate the property pursuant to
subsection J, K or L of this section, to sell the property at a
public auction, including an Internet auction, which may include
online bidding, to the highest bidder, or to convert title of the
property to the Oklahoma State Bureau of Narcotics and Dangerous
Oklahoma Statutes - Title 63. Public Health and Safety Page 1040
Drugs Control, the Department of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
Commission, the Department of Corrections, or the Office of the
Attorney General for the purposes provided for in subsection J, K or
L of this section after at least ten (10) days of notice has been
given by publication in one issue of a legal newspaper of the
county. If the property is offered for sale at public auction,
including an Internet auction, and no bid is received that exceeds
fifty percent (50%) of the value of the property, such value to be
announced prior to the sale, the Director, Commissioner, Attorney
General, or district attorney may refuse to sell the item pursuant
to any bid received. The Director, Commissioner, Attorney General,
or district attorney shall make a return of the sale and, when
confirmed by the court, the order confirming the sale shall vest in
the purchaser title to the property so purchased.
D. The money received from the sale of property by the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control shall be used
for general drug enforcement purposes. These funds shall be
transferred to the Bureau of Narcotics Revolving Fund established
pursuant to Section 2-107 of this title or in the case of a district
attorney, the revolving fund provided for in paragraph 3 of
subsection L of Section 2-506 of this title.
E. At the request of the Department of Public Safety, the
district attorney or a designee of the district attorney may conduct
any forfeiture proceedings as described in Section 2-503 of this
title on any property subject to forfeiture as described in
subsection A, B or C of Section 2-503 of this title. The money
received from the sale of property by the Department of Public
Safety shall be deposited in the Department of Public Safety
Restricted Revolving Fund and shall be expended for law enforcement
purposes.
F. The money received from the sale of property by the
Alcoholic Beverage Laws Enforcement Commission shall be deposited in
the General Revenue Fund of the state.
G. The money received from the sale of property from the
Oklahoma State Bureau of Investigation shall be deposited in the
OSBI Revolving Fund and shall be expended for law enforcement
purposes.
H. The Director of the Department of Corrections shall make a
return of the sale and when confirmed by the court, the order
confirming the sale shall vest in the purchaser title to the
property so purchased. Twenty-five percent (25%) of the money
received from the sale shall be disbursed to a revolving fund in the
office of the county treasurer of the county wherein the property
was seized, said fund to be used as a revolving fund solely for
enforcement of controlled dangerous substances laws, drug abuse
prevention and drug abuse education. The remaining seventy-five
Oklahoma Statutes - Title 63. Public Health and Safety Page 1041
percent (75%) shall be deposited in the Department of Corrections
Revolving Fund to be expended for equipment for probation and parole
officers and correctional officers.
I. The money received from the sale of property from the Office
of the Attorney General shall be deposited in the Attorney General
Law Enforcement Revolving Fund and shall be expended for law
enforcement purposes. The Office of the Attorney General may enter
into agreements with municipal, county or state agencies to return
to such an agency a percentage of proceeds of the sale of any
property seized by the agency and forfeited under the provisions of
this section.
J. Any property, including but not limited to uncontaminated
laboratory equipment used in the processing, manufacturing or
compounding of controlled dangerous substances in violation of the
provisions of the Uniform Controlled Dangerous Substances Act, upon
a court order, may be donated for classroom or laboratory use by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
Department of Public Safety, district attorney, the Alcoholic
Beverage Laws Enforcement Commission, the Department of Corrections,
or the Office of the Attorney General to any public secondary school
or technology center school in this state or any institution of
higher education within The Oklahoma State System of Higher
Education.
K. Any vehicle or firearm which has come into the possession
and title vested in the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, the Department of Public Safety, the
Oklahoma State Bureau of Investigation, the Office of the Attorney
General or a district attorney, may be transferred, donated or
offered for lease to any sheriff's office, tribal law enforcement
agency, campus police department pursuant to the provisions of the
Oklahoma Campus Security Act, or police department in this state on
an annual basis to assist with the enforcement of the provisions of
the Uniform Controlled Dangerous Substances Act. Each agency shall
promulgate rules, regulations and procedures for leasing vehicles
and firearms. No fully automatic weapons will be subject to the
leasing agreement. All firearms leased may be utilized only by
C.L.E.E.T.-certified officers who have received training in the type
and class of weapon leased. Every lessee shall be required to
submit an annual report to the leasing agency stating the condition
of all leased property. A lease agreement may be renewed annually
at the option of the leasing agency. Upon termination of a lease
agreement, the property shall be returned to the leasing agency for
sale or other disposition. All funds derived from lease agreements
or other disposition of property no longer useful to law enforcement
shall be deposited in the agency's revolving fund, or in the case of
the Department of Public Safety, the Department of Public Safety
Oklahoma Statutes - Title 63. Public Health and Safety Page 1042
Restricted Revolving Fund, and shall be expended for law enforcement
purposes.
L. Before disposing of any property pursuant to subsections C
through I of this section, the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control, the Department of Public Safety, the
Alcoholic Beverage Laws Enforcement Commission, the Oklahoma State
Bureau of Investigation, the Department of Corrections, the Office
of the Attorney General, or a district attorney may transfer or
donate the property to another state agency, tribal law enforcement
agency, or school district for use upon request. In addition to the
provisions of this section, the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control may transfer or donate property for any
purpose pursuant to Section 2-106.2 of this title. The agencies and
any district attorney that are parties to any transfer of property
pursuant to this subsection shall enter into written agreements to
carry out any such transfer of property. Any such agreement may
also provide for the granting of title to any property being
transferred as the parties deem appropriate. If the transfer of
property is to a school district, a written agreement shall be
entered into with the superintendent of the school district. No
weapons may be transferred to a school district except as provided
for in subsection K of this section.
Added by Laws 1971, c. 119, § 2-508, operative Sept. 1, 1971.
Amended by Laws 1983, c. 137, § 1, emerg. eff. May 23, 1983; Laws
1983, c. 287, § 6, operative July 1, 1983; Laws 1987, c. 138, § 11,
emerg. eff. June 19, 1987; Laws 1987, c. 205, § 56, operative July
1, 1987; Laws 1988, c. 236, § 3, eff. Nov. 1, 1988; Laws 1989, c.
237, § 5, eff. Nov. 1, 1989; Laws 1990, c. 117, § 3, eff. Sept. 1,
1990; Laws 1990, c. 208, § 1, emerg. eff. May 14, 1990; Laws 1991,
c. 119, § 1, eff. Sept. 1, 1991; Laws 1992, c. 64, § 2, eff. Sept.
1, 1992; Laws 1992, c. 377, § 1, eff. Sept. 1, 1992; Laws 1993, c.
57, § 3, eff. July 1, 1993; Laws 1994, c. 325, § 3, eff. Sept. 1,
1994; Laws 1996, c. 347, § 4, emerg. eff. June 14, 1996; Laws 1999,
c. 152, § 2, eff. Nov. 1, 1999; Laws 2001, c. 33, § 61, eff. July 1,
2001; Laws 2002, c. 111, § 1, eff. Nov. 1, 2002; Laws 2004, c. 168,
§ 16, emerg. eff. April 27, 2004; Laws 2009, c. 442, § 15, eff. July
1, 2009; Laws 2011, c. 239, § 9, eff. Nov. 1, 2011; Laws 2012, c.
283, § 16, eff. July 1, 2012; Laws 2014, c. 284, § 2, eff. Nov. 1,
2014.
§63-2-509. Eradication - Penalties - Prohibition of suspended or
deferred sentences or probation.
A. All species of plants from which controlled dangerous
substances in Schedules I and II may be derived are hereby declared
inimical to health and welfare of the public, and the intent of the
Legislature is to control and eradicate these species of the plants
in the State of Oklahoma.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1043
B. It shall be unlawful for any person to cultivate or produce,
or to knowingly permit the cultivation, production, or wild growing
of any species of such plants, on any lands owned or controlled by
such person, and it is hereby declared the duty of every such person
to destroy all such plants found growing on lands owned or
controlled by the person.
C. 1. Whenever any peace officer of the state shall receive
information that any species of any such plants has been found
growing on any private lands in the State of Oklahoma, the peace
officer shall notify the sheriff and county commissioners of the
county wherein such plants are found growing. Within five (5) days
of receipt of such notice, the county commissioners shall notify the
owner or person in possession of such lands that such plants have
been found growing on the lands and that the same must be destroyed
or eradicated within fifteen (15) days. When the fifteen (15) days
have elapsed, the reporting peace officer shall cause an
investigation to be made of the aforesaid lands, and if any such
plants be found growing thereon, the county commissioners shall
cause the same to be destroyed or eradicated by either cutting and
burning or by applications of herbicides approved for such purpose
and registered for use in Oklahoma by the Oklahoma Department of
Agriculture, Food, and Forestry in accordance with Section 2-505 of
this title.
2. Whenever any such plants are destroyed or eradicated by
order of the county commissioners as provided herein, the cost of
the same shall, if the work or labor be furnished by the county
commissioners, be taxed against the lands whereon the work was
performed, and shall be a lien upon such land in all manner and
respects as a lien of judgment, if the owner is charged with a
violation of subsection B of this section. If the violation of
subsection B of this section is by a person other than the owner of
the land, without the knowledge of the owner, the costs shall be
paid by the initiating law enforcement agency.
D. Knowingly violating the provisions of subsection B or
subsection H of this section is hereby declared, as to the owner, or
person in possession of such lands, to be a felony and upon
conviction punishable as such by a fine not to exceed Fifty Thousand
Dollars ($50,000.00) and imprisonment in the custody of the
Department of Corrections for not more than ten (10) years. The
fine provided for in this subsection shall be in addition to other
punishments provided by law and shall not be in lieu of other
punishment. Any person convicted of a second violation of
subsection B or subsection H of this section is, upon conviction,
punishable by a term of imprisonment in the custody of the
Department of Corrections for not less than two (2) years nor more
than twenty (20) years and by twice the fine otherwise authorized.
Any person convicted of a third or subsequent violation of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1044
subsection B or subsection H of this section is punishable by a term
of imprisonment in the custody of the Department of Corrections for
not less than ten (10) years nor more than life.
E. It shall be the duty of any peace officer of the State of
Oklahoma who receives information of such plants growing in the
State of Oklahoma, to make notice, in writing, to the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control and the future
destruction or eradication of the annual growth of such plants shall
be supervised by the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control. Any destruction or eradication of the
annual growth of such plants supervised by the Bureau shall be by
cutting and burning the same or by destruction and eradication
through applications of herbicides approved for such purpose and
registered for use in Oklahoma by the Oklahoma Department of
Agriculture, Food, and Forestry.
F. Any application of herbicides authorized by this section
shall be made pursuant to the provisions of Section 2-505 of this
title.
G. In lieu of the eradication procedures provided for in
subsections B and C of this section, all species of plants from
which controlled dangerous substances in Schedules I and II of the
Uniform Controlled Dangerous Substances Act may be derived, may be
disposed of pursuant to the provisions of subsection C of Section 2-
505 of this title.
H. Except as authorized by the Uniform Controlled Dangerous
Substances Act, it shall be unlawful, and a Class B4 felony offense,
for any person to manufacture or attempt to manufacture any
controlled dangerous substance by cooking, burning, or extracting
and converting or attempting to extract and convert marihuana or
marihuana oil into hashish, hashish oil or hashish powder.
Added by Laws 1971, c. 119, § 2-509, operative Sept. 1, 1971.
Amended by Laws 1976, c. 259, § 16, operative July 1, 1976; Laws
1987, c. 138, § 12, emerg. eff. June 19, 1987; Laws 1990, c. 220, §
2, eff. Sept. 1, 1990; Laws 1994, c. 335, § 2, emerg. eff. June 8,
1994; Laws 1997, c. 133, § 536, eff. July 1, 1999; Laws 1999, 1st
Ex. Sess., c. 5, § 387, eff. July 1, 1999; Laws 2011, c. 136, § 1,
eff. Nov. 1, 2011; Laws 2017, c. 25, § 2, eff. Nov. 1, 2017; Laws
2018, c. 130, § 3, eff. Nov. 1, 2018; Laws 2025, c. 486, § 147, eff.
Jan. 1, 2026.
NOTE: Laws 1997, c. 110, § 2 repealed by Laws 1999, 1st Ex. Sess.,
c. 5, § 452, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 536 from July 1, 1998, to July 1, 1999.
§63-2-510. Defenses - Descriptions.
A. An exemption or exception set forth in this act shall
constitute an affirmative defense. Such affirmative defense shall
Oklahoma Statutes - Title 63. Public Health and Safety Page 1045
be in accordance with the presentation of an alibi defense
prescribed in Section 585 of Title 22 of the Oklahoma Statutes.
B. In any prosecution for a violation of any of the provisions
of this act relating to a controlled dangerous substance named in
any of the schedules set out in the act, it shall be sufficient in
any indictment or information to allege a general description of the
controlled dangerous substance and the schedule wherein listed
without other specific description. Upon a trial under such
indictment or information, it shall be sufficient to prove that the
controlled dangerous substance is one listed within a particular
schedule without further identification.
Added by Laws 1971, c. 119, § 2-510, operative Sept. 1, 1971.
§63-2-511. Judicial review.
Judicial review of final determinations, findings, and
conclusions of the Director under this act shall be in the manner
provided by the Administrative Procedures Act. A revocation or
suspension of a registration based on the revocation or suspension
of a professional or occupational license shall be final and
conclusive where judicial review is available with respect to the
revocation or suspension of the professional or occupational
license.
Added by Laws 1971, c. 119, § 2-511, operative Sept. 1, 1971.
Amended by Laws 2008, c. 359, § 11, emerg. eff. June 3, 2008.
§63-2-512. Drug Eradication and Enforcement Plan Revolving Fund –
Creation - Use of funds.
There is hereby created in the State Treasury a revolving fund
to be known as the Drug Eradication and Enforcement Plan Revolving
Fund. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of any monies appropriated or
transferred to the fund and any monies contributed to the fund from
any other source. All monies accruing to the credit of such fund
are hereby appropriated and may be budgeted and expended for the
purpose of providing grants to district attorneys' offices,
sheriffs' offices and municipal police departments. The grants
shall be used for eradication of illegal drugs and enforcement of
drug laws. Allowable expenditure of the grants shall include, but
shall not be limited to, the following purposes:
1. Purchase of equipment;
2. Purchase of drug-sniffing dogs;
3. Matching federal grants or funds;
4. Funding advanced training programs;
5. Funding drug education and awareness programs; and
6. Funding drug courts.
Expenditures from such fund shall be made upon warrants issued by
the State Treasurer against claims signed by an authorized state
Oklahoma Statutes - Title 63. Public Health and Safety Page 1046
employee and filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
Added by Laws 2001, c. 225, § 8, eff. July 1, 2001. Amended by Laws
2012, c. 304, § 501.
§63-2-551. Appropriate pain management - High dosages of controlled
dangerous drugs.
A. Schedule II, III, IV and V controlled dangerous drugs have
useful and legitimate medical and scientific purposes and are
necessary to maintain the health and general welfare of the people
of this state.
B. The State of Oklahoma recognizes that principles of quality
medical practice dictate that the people of the State of Oklahoma
have access to appropriate and effective pain relief. The
appropriate application of up-to-date knowledge and treatment
modalities can serve to improve the quality of life for those
patients who suffer from pain as well as to reduce the morbidity,
and costs associated with untreated or inappropriately treated pain.
The State of Oklahoma encourages physicians to view effective pain
management as a part of quality medical practice for all patients
with pain, acute or chronic. It is especially important for
patients who experience pain as a result of terminal illness.
C. If, in the judgment of the medical doctor or the doctor of
osteopathic medicine, appropriate pain management warrants a high
dosage of controlled dangerous drugs and the benefit of the relief
expected outweighs the risk of the high dosage, the medical doctor
or doctor of osteopathic medicine may administer such a dosage, even
if its use may increase the risk of death, so long as it is not also
furnished for the purpose of causing, or the purpose of assisting in
causing, death for any reason and so long as it falls within
policies, guidelines and rules of the Oklahoma State Board of
Medical Licensure and Supervision or the Oklahoma State Board of
Osteopathic Examiners.
D. The Oklahoma State Board of Medical Licensure and
Supervision and the Oklahoma State Board of Osteopathic Examiners
shall issue policies, guidelines or rules that ensure that
physicians who are engaged in the appropriate treatment of pain are
not subject to disciplinary action, and the Boards shall consider
policies and guidelines developed by national organizations with
expertise in pain medicine or in a medical discipline for this
purpose.
Added by Laws 1998, c. 387, § 1, eff. Nov. 1, 1998.
§63-2-560. Manufacture of controlled dangerous substance
restrictions.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1047
Any person who engages in manufacturing any controlled dangerous
substance within two thousand (2,000) feet of the real property
comprising a family child care home, a child care center, a large
family child care home or part-day child care program, as those
terms are defined by Section 402 of Title 10 of the Oklahoma
Statutes, shall be liable for treble damages for any loss or harm
caused thereby.
Added by Laws 2001, c. 225, § 11, eff. July 1, 2001.
§63-2-603. Uniformity of interpretation.
This act shall be so construed as to effectuate its general
purpose to make uniform the law of those states which enact it.
Added by Laws 1971, c. 119, § 2-603, operative Sept. 1, 1971.
§63-2-604. Short title.
This act may be cited as the Uniform Controlled Dangerous
Substances Act.
Added by Laws 1971, c. 119, § 2-604, operative Sept. 1, 1971.
§63-2-608. Headings.
Article and section headings contained in this act shall not
affect the interpretation of the meaning or intent of any provisions
of this act.
Added by Laws 1971, c. 119, § 2-608, operative Sept. 1, 1971.
§63-2-701. Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control registry.
A. There is hereby created within the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control a registry of persons who,
after November 1, 2010, have been convicted, whether upon a verdict
or plea of guilty or upon a verdict or plea of nolo contendere, or
received a suspended sentence or any deferred or probationary term,
or are currently serving a sentence or any form of probation or
parole for a crime or attempt to commit a crime including, but not
limited to, unlawful possession, conspiring, endeavoring,
manufacturing, distribution or trafficking of a precursor or
methamphetamines under the provisions of Section 2-322, 2-332, 2-
401, 2-402, 2-408 or 2-415 of this title, or any crime including,
but not limited to, crimes involving the possession, distribution,
manufacturing or trafficking of methamphetamines or illegal amounts
of or uses of pseudoephedrine in any federal court, Indian tribal
court, or any court of another state if the person is a resident of
the State of Oklahoma or seeks to remain in the State of Oklahoma in
excess of ten (10) days.
B. It shall be unlawful for any person who knows that he or she
is subject to the registry created in subsection A of this section
to purchase, possess or have control of any Schedule V compound,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1048
mixture, or preparation containing any detectable quantity of
pseudoephedrine, its salts or optical isomers, or salts of optical
isomers. A prescription for pseudoephedrine shall not provide an
exemption for any person to this law. Any person convicted of
violating the provisions of this subsection shall be guilty of a
Class B4 felony offense, punishable by imprisonment in the custody
of the Department of Corrections for not less than two (2) years and
not more than ten (10) years, or by a fine of not more than Five
Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
C. The registry created in subsection A of this section shall
be maintained by the Bureau. The registry shall be made available
for registrants who sell or dispense pseudoephedrine-related
products and to law enforcement agencies for law enforcement
purposes through the electronic methamphetamine precursor tracking
service. The electronic methamphetamine precursor tracking service
shall generate a stop-sale alert on any sale of pseudoephedrine to
any individual listed on the methamphetamine offender registry in
real time.
D. The registry shall consist of the following information:
1. Name and address of the person;
2. Date of birth of the person;
3. The offense or offenses which made the person eligible for
inclusion on the registry;
4. The date of conviction or the date that a plea of guilty or
nolo contendere was accepted by the court for any violation of an
offense provided for in subsection A of this section;
5. The county where the offense or offenses occurred; and
6. Such other identifying data as the Bureau determines is
necessary to properly identify the person.
E. Beginning November 1, 2010, all district court clerks shall
forward a copy of the judgment and sentence or other applicable
information relating to the disposition of the criminal case and
date of birth of all persons who are subject to the provisions of
the Oklahoma Methamphetamine Offender Registry Act for a violation
of the offenses described in subsection A of this section to the
Bureau. The information shall be sent in an electronic format in a
manner prescribed by the Bureau within ten (10) days of the date of
final disposition of the case. Any person subject to the registry
pursuant to subsection A of this section, having received a deferred
sentence or conviction in a federal court, Indian tribal court, or
any court of another state, shall be required to register and submit
a methamphetamine offender registration form in a format prescribed
by the Bureau within ten (10) days of entering the State of Oklahoma
or if incarcerated in a federal institution within the boundaries of
Oklahoma, within ten (10) days of release from the institution.
Knowingly failing to submit the form required by this subsection
shall constitute a misdemeanor.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1049
F. Upon receipt of the information provided by the district
court clerk, the Bureau shall transmit in an electronic format to
the electronic methamphetamine precursor tracking service at least
every seven (7) days the name of any person placed on the
methamphetamine offender registry as provided in this section. The
information transmitted to the electronic tracking service shall
include the first, middle, and last name of the person, and the
address and the date of birth of the person. The electronic
methamphetamine precursor tracking service shall be designed to
generate a stop-sale alert for any person who is on the
methamphetamine offender registry and whose name, address and date
of birth have been transmitted by the Bureau to the electronic
tracking service.
G. The Bureau shall remove from the methamphetamine offender
registry the name and other identifying information of a person who
has been convicted of a violation of any of the offenses described
in subsection A of this section ten (10) years after the date of the
most recent judgment and sentence. Any person having received a
deferred sentence that expires prior to the ten-year time limitation
may apply to the Bureau to be removed from the registry upon the
completion of the deferred sentence by providing to the Bureau a
certified copy of the dismissal of the case by certified mail. The
Bureau may remove the person from the methamphetamine offender
registry upon expiration of the deferred sentence. The Bureau shall
also be required to notify the provider of the electronic
methamphetamine precursor tracking service when a person is removed
from the methamphetamine offender registry. Upon notification from
the Bureau, the provider of the electronic tracking service shall
remove the name of the person from the electronic methamphetamine
precursor tracking service and the person shall thereafter be
permitted to purchase pseudoephedrine-related products.
H. It shall be a violation for any person to assist another,
with knowledge that the person is subject to the registry, in the
purchase of any pseudoephedrine products. Any person convicted of
violating the provisions of this subsection shall, for a first
offense, be guilty of a misdemeanor, punishable by incarceration in
the county jail for not more than one (1) year, or by a fine of not
more than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment. Any second or subsequent conviction for a violation
of this subsection shall be a Class D2 felony offense, punishable by
incarceration as provided for in subsections B through F of Section
20O of Title 21 of the Oklahoma Statutes, or by a fine of not less
than Two Thousand Five Hundred Dollars ($2,500.00), or by both such
fine and imprisonment.
I. On or prior to November 1, 2011, the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control shall maintain a
Oklahoma Statutes - Title 63. Public Health and Safety Page 1050
methamphetamine offender registry website available for viewing by
the public.
J. For the purposes of this section, knowledge that a person
was subject to the methamphetamine offender registry may be proven
through court testimony or any other public notice or publicly
available record including, but not limited to, court records
maintained by the Oklahoma Supreme Court Network and the Oklahoma
Court Information System.
K. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control shall take necessary actions through the promulgation of
rules and cooperation with pharmacies and the courts to ensure that
notice of the provisions of this section is provided to those
persons subject to the methamphetamine offender registry as listed
in subsection A of this section.
Added by Laws 2010, c. 458, § 2, eff. Nov. 1, 2010. Amended by Laws
2011, c. 239, § 10, eff. Nov. 1, 2011; Laws 2012, c. 206, § 5, eff.
July 1, 2012; Laws 2013, c. 181, § 7, eff. Nov. 1, 2013; Laws 2025,
c. 486, § 148, eff. Jan. 1, 2026.
§63-2-801. Definitions.
As used in this act:
1. "Academic medical center" means a medical school and its
affiliated teaching hospitals and clinics in this state that:
a. operate a medical residency program for physicians,
and
b. conduct research that is overseen by the federal
Department of Health and Human Services and involves
human subjects;
2. "Approved source" means a provider approved by the United
States Food and Drug Administration which produces cannabidiol that:
a. has been manufactured and tested in a facility
approved or certified by the United States Food and
Drug Administration or similar national regulatory
agency in another country which has been approved by
the United States Food and Drug Administration, and
b. has been tested on animals to demonstrate preliminary
effectiveness and to ensure that it is safe to
administer to humans;
3. "Cannabidiol" means a nonpsychoactive cannabinoid found in
the plant Cannabis sativa L. or any other preparation thereof, that
has a tetrahydrocannabinol concentration of not more than three-
tenths of one percent (0.3%) and that is delivered to the patient in
the form of a liquid;
4. "Physician" means a doctor of medicine or doctor of
osteopathic medicine licensed by the State Board of Medical
Licensure and Supervision or the State Board of Osteopathic
Examiners; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1051
5. "Qualifying patient" means any person who suffers from
Lennox-Gastaut Syndrome, Dravet Syndrome, also known as Severe
Myoclonic Epilepsy of Infancy, or any other form of refractory
epilepsy that is not adequately treated by traditional medical
therapies.
Added by Laws 2015, c. 203, § 3, emerg. eff. April 30, 2015.
Amended by Laws 2016, c. 299, § 2, eff. Nov. 1, 2016.
§63-2-802. Clinical trials using cannabidiol – Principal
investigators.
A. A statewide investigational new drug application may be
established in this state, if approved by the United States Food and
Drug Administration, to conduct clinical trials using cannabidiol on
qualifying patients with severe forms of epilepsy.
B. Any physician licensed by the State Board of Medical
Licensure and Supervision or the State Board of Osteopathic
Examiners, practicing in this state, and treating patients with
severe forms of epilepsy may serve as the principal investigator for
such clinical trials if such physician:
1. Applies to and is approved by the United States Food and
Drug Administration as the principal investigator in a statewide
investigational new drug application;
2. Receives a license from the United States Drug Enforcement
Administration; and
3. Receives a registration from the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control.
C. Such physician, acting as principal investigator, may
include subinvestigators who are also board certified, practice in
an academic medical center in this state, and treat patients with
severe forms of epilepsy. Such subinvestigators shall be required
to comply with the licensing requirement provided in paragraphs 2
and 3 of subsection B of this section.
D. The principal investigator and all subinvestigators shall
adhere to the rules and regulations established by the relevant
institutional review board for each participating academic medical
center and by the United States Food and Drug Administration, the
United States Drug Enforcement Administration, the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, and the National
Institute on Drug Abuse.
E. Nothing in this section shall be construed to prohibit a
physician licensed in Oklahoma from applying for Investigational New
Drug authorization from the United States Food and Drug
Administration.
F. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control shall have the authority to inspect and test samples of
cannabidiol used in this state pursuant to the provisions of this
act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1052
Added by Laws 2015, c. 203, § 4, emerg. eff. April 30, 2015.
§63-2-803. Approved cannabidiol for use in clinical trials.
A. Clinical trials conducted pursuant to a statewide
investigational new drug application established pursuant to the
provisions of this act shall only utilize cannabidiol which is:
1. From an approved source; and
2. Approved by the United States Food and Drug Administration
to be used for treatment of a condition specified in an
investigational new drug application.
B. The principal investigator and any subinvestigator may
receive cannabidiol directly from an approved source or authorized
distributor for an approved source for use in the clinical trials.
Added by Laws 2015, c. 203, § 5, emerg. eff. April 30, 2015.
§63-2-804. Immunity.
A person acting in compliance with the provisions of this act
shall not be subject to arrest, prosecution, or any civil or
administrative penalty, including a civil penalty or disciplinary
action by a professional licensing board, or be denied any right or
privilege, for the use, prescription, administration, possession,
manufacture, or distribution of medical cannabidiol.
Added by Laws 2015, c. 203, § 6, emerg. eff. April 30, 2015.
§63-2-805. Approval – Termination date – Reporting – Rules.
A. The State Commissioner of Health shall have the authority to
approve physicians conducting clinical trials performed pursuant to
the provisions of this act. In the event of a substantial violation
of this act, the Commissioner shall provide written notice to the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control and
the Governor. The Governor, upon receipt of a notice from the
Commissioner, shall have the authority to terminate the operations
of a clinical trial found to be in violation of any provision of
this act.
B. The clinical trials and related research authorized by this
act shall adhere to the highest standards of academic research
including, but not limited to, peer review of research conducted
pursuant to this act.
C. Clinical trials and related research authorized by this act
shall conclude no later than December 31, 2017. Nothing in this act
shall be construed as to permit the continuation of clinical trials
after December 31, 2017, without approval by a concurrent resolution
approved by the Legislature expressing approval of such
continuation.
D. The State Commissioner of Health shall submit a report to
the Chair and Vice Chair of the Senate Health and Human Services
Committee, the Chair and Vice Chair of the House Alcohol, Tobacco
Oklahoma Statutes - Title 63. Public Health and Safety Page 1053
and Dangerous Drugs Committee, and the Chair and Vice Chair of the
House Public Health Committee on or before December 31, 2017. Such
report shall include a summary of findings from clinical trials
authorized by this act. The Commissioner shall, upon request by the
Chair and Vice Chair of the Committees specified in this subsection,
make available any data, excluding individual health records,
relating to clinical trials authorized by this act.
E. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control, the State Board of Health, and the Oklahoma State Regents
for Higher Education shall promulgate rules to implement the
provisions of this act.
Added by Laws 2015, c. 203, § 7, emerg. eff. April 30, 2015.
§63-2-901. Drug Possession Diversion Program – District attorney
discretion to refer.
A. Subject to the availability of funds, each district attorney
may create within the office of the district attorney a Drug
Possession Diversion Program and assign sufficient staff and
resources for the efficient operation of the program.
B. Referral of a violation of the provisions of Section 2-402
of Title 63 of the Oklahoma Statutes or possession of drug
paraphernalia in violation of subsection B of Section 2-405 of Title
63 of the Oklahoma Statutes to the Drug Possession Diversion Program
shall be at the discretion of the district attorney. This act shall
not limit the power of the district attorney to prosecute a case for
possession of a controlled dangerous substance.
C. Upon receipt of a case for possession of a controlled
dangerous substance, the district attorney shall determine if the
charge is one which is appropriate to be referred to the Drug
Possession Diversion Program.
D. In determining whether to refer a case to the Drug
Possession Diversion Program, the district attorney shall consider
the following:
1. The schedule of the controlled dangerous substance possessed
by the defendant;
2. The amount of the controlled dangerous substance possessed
by the defendant;
3. If the defendant has a prior criminal record;
4. The number of drug-related crimes against the defendant
previously received by the district attorney;
5. Whether or not there are other criminal charges currently
pending against the defendant; and
6. The strength of the evidence against the defendant.
Added by Laws 2016, c. 271, § 1, eff. Nov. 1, 2016.
§63-2-902. Deferred prosecution – Fees - Drug Possession Diversion
Program Fund.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1054
A. Subject to the provisions of this act, the district attorney
may enter into a written agreement with the defendant pursuant to
the provisions of Sections 305.1 through 305.6 of Title 22 of the
Oklahoma Statutes to defer prosecution of a charge for possession of
a controlled dangerous substance, possession of drug paraphernalia
or both possession of a controlled dangerous substance and
possession of drug paraphernalia for a period to be determined by
the district attorney, not to exceed twenty-four (24) months.
B. The defendant shall pay to the district attorney a fee equal
to the amount which would have been assessed as court costs upon
filing of the case in district court. Funds received by the
district attorney pursuant to this act shall be deposited in a
special fund with the county treasurer to be known as the "Drug
Possession Diversion Program Fund". This fund shall be used by the
district attorney to defray any lawful expense of the office of the
district attorney. The district attorney shall keep records of all
monies deposited to and disbursed from this fund. The records of
the fund shall be audited at the same time the records of county
funds are audited.
C. Unless the agreement between the defendant and the district
attorney provides otherwise, the defendant shall be supervised in
the community by the district attorney or by a private supervision
program pursuant to the provisions of subsection A of Section 991d
of Title 22 of the Oklahoma Statutes.
Added by Laws 2016, c. 271, § 2, eff. Nov. 1, 2016.
§63-2-903. Duties of district attorney staff members.
Staff members of the district attorney shall perform duties in
connection with the Drug Possession Diversion Program in addition to
any other duties which are assigned by the district attorney.
Added by Laws 2016, c. 271, § 3, eff. Nov. 1, 2016.
§63-2-904. Drug Possession Diversion Program – Annual report.
A. District attorneys shall prepare and submit an annual report
to the District Attorneys Council showing total deposits and total
expenditures in the Drug Possession Diversion Program.
B. By September 15 of each year, the District Attorneys Council
shall publish an annual report for the previous fiscal year of the
Drug Possession Diversion Program. An electronic copy of the report
shall be distributed to the President Pro Tempore of the Senate, the
Speaker of the House of Representatives and the chairs of the House
and Senate Appropriation and Budget Committees. Each district
attorney shall submit information requested by the District
Attorneys Council regarding the Drug Possession Diversion Program.
The report shall include the number of charges referred to and
accepted into the Drug Possession Diversion Program, the total
Oklahoma Statutes - Title 63. Public Health and Safety Page 1055
amount of fees collected and such other information as required by
the District Attorneys Council.
Added by Laws 2016, c. 271, § 4, eff. Nov. 1, 2016.
§63-2-1001. Attorney General oversight of opioid overdose death
control efforts.
A. The Attorney General shall have the power and duty to:
1. Coordinate and integrate state and local efforts to address
overdose deaths and create a body of information to prevent overdose
deaths;
2. Conduct case reviews of deaths of persons eighteen (18)
years of age or older due to licit or illicit opioid use in this
state;
3. Collect, analyze, and interpret state and local data on
opioid overdose deaths;
4. Develop a state and local database on opioid overdose
deaths;
5. Improve policies, procedures, and practices within the
agencies in order to prevent fatal opioid overdoses and to serve
victims of unintentional overdose; and
6. Enter into agreements with other state, local, or private
entities as necessary to carry out the duties under this section,
including, but not limited to, conducting joint reviews with the
Child Death Review Board on unintentional overdose cases involving
child death and child near-death incidents.
B. In carrying out his or her duties and responsibilities, the
Attorney General shall:
1. Promulgate rules, if necessary, establishing criteria for
identifying cases involving an opioid overdose death subject to
specific, in-depth review by the Attorney General;
2. Conduct a specific case review of those cases where the
cause of death is or may be related to overdose of opioid drugs;
3. Establish and maintain statistical information related to
opioid overdose deaths including, but not limited to, demographic
and medical diagnostic information;
4. Establish procedures for obtaining initial information
regarding opioid overdose deaths from law enforcement agencies;
5. Review the policies, practices, and procedures of medical
systems and law enforcement systems and other overdose protection
and prevention systems, and make specific recommendations to those
entities for actions necessary for the improvement of the system;
6. Request and obtain a copy of all records and reports
pertaining to an adult whose case is under review including, but not
limited to:
a. the report of the medical examiner,
b. hospital records,
c. school records,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1056
d. court records,
e. prosecutorial records,
f. local, state, and federal law enforcement records
including, but not limited to, the Oklahoma State
Bureau of Investigation (OSBI) and Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control (OBN),
g. fire department records,
h. State Department of Health records, including birth
certificate records,
i. medical and dental records,
j. Department of Mental Health and Substance Abuse
Services and other mental health records,
k. emergency medical service records,
l. files of the Department of Human Services, and
m. records in the possession of the Child Death Review
Board when conducting a joint review in accordance
with paragraph 6 of subsection A of this section.
Confidential information or records provided to the Attorney General
shall be maintained by the Attorney General in a confidential manner
as otherwise required by state and federal law. Any person damaged
by disclosure of such confidential information by the Attorney
General or any employees or contractors of the Office of the
Attorney General which is not authorized by law may maintain an
action for damages, costs and attorney fees pursuant to The
Governmental Tort Claims Act;
7. Maintain all confidential information, documents and records
in possession of the Attorney General as confidential and not
subject to subpoena or discovery in any civil or criminal
proceedings; provided however, information, documents, and records
otherwise available from other sources shall not be exempt from
subpoena or discovery through those sources solely because such
information, documents, and records were presented to or reviewed by
the Attorney General;
8. Conduct reviews of specific cases of opioid overdose deaths
and request the preparation of additional information and reports as
determined to be necessary by the Attorney General including, but
not limited to, clinical summaries from treating physicians,
chronologies of contact, and second-opinion autopsies;
9. Report to the Governor, the President Pro Tempore of the
Senate, and the Speaker of the House of Representatives any
information and guidance regarding the prevention and protection
system to advise on changing trends in overdose rates, substances,
methods, or any other factor impacting overdose deaths, including
any systemic issue within the medical, law enforcement, or other
relevant systems discovered by the Attorney General while performing
his or her duties; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1057
10. Exercise all incidental powers necessary and proper for the
implementation and administration of this section.
C. All discussions of individual cases and any writings
produced by or created for the Attorney General in the course of
determining a remedial measure to be recommended by the Attorney
General, as the result of a review of an individual case of an
opioid overdose death, shall be privileged and shall not be
admissible in evidence in any proceeding.
D. The Attorney General shall submit an annual statistical
report on the incidence and causes of opioid overdose deaths in this
state for which the Attorney General has completed his or her review
during the past calendar year including his or her recommendations,
if any, to the medical and law enforcement system. The Attorney
General shall also prepare and make available to the public, on an
annual basis, a report containing a summary of the activities
relating to the review of opioid overdose deaths, the extent to
which the state medical and law enforcement system is coordinated,
and an evaluation of whether the state is efficiently discharging
its responsibilities to prevent opioid overdose deaths. The report
shall be completed no later than February 1 of the subsequent year.
E. Any entity from which the Attorney General requests records
in accordance with paragraph 6 of subsection B of this section shall
provide the records to the Attorney General.
F. The Attorney General may assign any of the powers and duties
in this section or in Section 2-1003 of this title to any of the
Attorney General’s assistants or employees.
Added by Laws 2018, c. 252, § 2, eff. Nov. 1, 2018. Amended by Laws
2023, c. 91, § 1; Laws 2025, c. 198, § 1, eff. July 1, 2025.
§63-2-1002. Repealed by Laws 2025, c. 198, § 3, eff. July 1, 2025.
§63-2-1003. Review of overdose death certificates.
A. Beginning November 1, 2018, the Center for Health Statistics
of the State Department of Health shall forward to the Office of the
Chief Medical Examiner on a monthly basis, copies of all death
certificates of persons over eighteen (18) years of age received by
the Center for Health Statistics during the preceding month whereby
the cause of death was due to an overdose of licit or illicit drugs
including opioids meeting the Centers for Disease Control and
Prevention guidelines for opioid-related deaths.
B. The Office of the Chief Medical Examiner shall conduct an
initial review of overdose death certificates in accordance with the
criteria established by the Attorney General and refer to the
Attorney General those cases that meet the criteria established by
the Attorney General for specific case review.
C. Upon the request of the Attorney General, every entity
within the medical and law enforcement system shall provide to the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1058
Attorney General any information requested by the Attorney General
relevant to the discharge of his or her duties, unless otherwise
prohibited by state or federal law.
Added by Laws 2018, c. 252, § 4, eff. Nov. 1, 2018. Amended by Laws
2025, c. 198, § 2, eff. July 1, 2025.
§63-2-1101. Harm-reduction services.
A. Until July 1, 2026, the following are hereby authorized to
engage in harm-reduction services:
1. Government entities including, but not limited to, the State
Department of Health and the Department of Mental Health and
Substance Abuse Services; provided, no state dollars shall be used
to purchase hypodermic needles;
2. Religious institutions or churches;
3. Nonprofit organizations;
4. For-profit companies;
5. Nongovernment entities partnering with a governmental
agency; and
6. Tribal governments.
B. Those offering harm-reduction services shall register with
the State Department of Health and may engage in the following
activities in order to reduce the use of drugs, prevent outbreaks of
infectious diseases and reduce morbidity among people who use
injection drugs:
1. Offer referrals and resources to treat substance use
disorders;
2. Provide education on the risk of transmission of infectious
diseases, including human immunodeficiency virus (HIV) and viral
hepatitis;
3. Rapid testing for HIV, hepatitis C and sexually transmitted
infections (STIs);
4. Referrals for medical and mental health services;
5. Collect used hypodermic needles for safe disposal;
6. Possess and distribute hypodermic needles, cleaning kits,
test kits and opioid antagonists; and
7. Rapid substance testing products used, intended for use, or
fashioned specifically for the use in identifying or analyzing the
potency or toxicity of unknown substances.
C. Registered providers of harm-reduction services shall report
at least quarterly to the State Department of Health:
1. The number of clients served including basic demographic
information;
2. Number and type of referrals provided;
3. Number of syringes, test kits and antagonists distributed;
4. Number of used syringes collected; and
5. Number of rapid HIV and viral hepatitis tests performed
including the number of reactive test results.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1059
D. The State Commissioner of Health shall promulgate rules for
the implementation of this section.
Added by Laws 2021, c. 90, § 3, emerg. eff. April 20, 2021.
§63-79. Oklahoma Sports Eye Safety Program Revolving Fund.
There is hereby created in the State Treasury a revolving fund
to be designated the "Oklahoma Sports Eye Safety Program Revolving
Fund" administered by the State Department of Health. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all the monies received by the State Department
of Health pursuant to the provisions of Section 2368.25 of Title 68
of the Oklahoma Statutes, any other section of law and any other
monies that may be deposited in the fund to implement the provisions
of this act. All monies accruing to the credit of the fund are
appropriated and may be budgeted and expended by the State
Department of Health for the purposes of:
1. Exploring opportunities to utilize nonprofit organizations
to provide sports eye safety information or sports eye safety
equipment to children age eighteen (18) and under; and
2. Establishing a sports eye safety grant program for the
purchase and distribution of sports eye safety programs and
materials to classrooms in this state and sports eye safety
protective wear to children age eighteen (18) and under.
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 2011, c. 384, § 3, eff. Nov. 1, 2011. Amended by Laws
2012, c. 304, § 502.
§63-91. State Anatomical Board - Creation and membership – Duties –
Organization – Rules - Records of bodies received and distributed -
Exemptions.
A. There is hereby re-created, to continue until July 1, 2030,
in accordance with the provisions of the Oklahoma Sunset Law, an
oversight board to be known as the State Anatomical Board, to be
composed of the following members:
1. The deans or their designee of each accredited medical
school and osteopathic medical school within this state;
2. The persons heading the department of anatomy, or comparable
department, in the medical and osteopathic medical schools or their
designee;
3. Two persons appointed jointly by the presidents of
institutions of higher education within the state which have
educational programs other than medical which require on a regular
basis human anatomical materials, provided that these programs have
Oklahoma Statutes - Title 63. Public Health and Safety Page 1060
been approved by the Oklahoma State Regents for Higher Education;
and
4. One at-large member appointed by the Governor to represent
the interests of the citizens of this state.
B. It shall be the duty of the State Anatomical Board to
register all anatomical donor programs and non-transplant tissue
banks and to designate agents to provide for the collection,
preservation, storage, distribution, delivery, recovery from users,
cremation and final disposition of all dead human bodies used for
health science education and research in this state.
C. The Board shall elect from its membership a chair who shall
perform such other duties as the Board may prescribe by rule. The
Board shall have full power to establish rules for its government,
to appoint and remove officers, and to appoint an executive director
who shall keep full and complete minutes of its transactions and
manage the affairs of the Board. The expenditures authorized in
this section shall not be a charge against the state, but shall be
paid by the agent designated by the Board to receive, store, issue,
and cremate human anatomical materials. Records shall also be kept
by the agent of all bodies received and distributed for the period
of time authorized by the Records Disposition Schedule. The name of
the oversight board shall be the State Anatomical Board, hereinafter
called the Anatomical Board. The Anatomical Board may, in its
discretion, exempt any county, district, or institution from the
provisions of Sections 91 through 100 of this title in any calendar
year for any length of time.
Added by Laws 1935, p. 57, § 1, emerg. eff. April 16, 1935. Amended
by Laws 1969, c. 141, § 1, emerg. eff. April 9, 1969; Laws 1976, c.
126, § 1, emerg. eff. May 18, 1976; Laws 1982, c. 97, § 1, operative
Oct. 1, 1982; Laws 1988, c. 225, § 20; Laws 1994, c. 9, § 1; Laws
2000, c. 92, § 1; Laws 2006, c. 114, § 1, eff. Nov. 1, 2006; Laws
2012, c. 119, § 1, eff. Nov. 1, 2012; Laws 2013, c. 15, § 76, emerg.
eff. April 8, 2013; Laws 2016, c. 48, § 1; Laws 2020, c. 116, § 19,
eff. July 1, 2020; Laws 2023, c. 90, § 1; Laws 2025, c. 264, § 1,
eff. July 1, 2025.
NOTE: Laws 2006, c. 54, § 1 repealed by Laws 2007, c. 1, § 53,
emerg. eff. Feb. 22, 2007. Laws 2012, c. 62, § 1 repealed by Laws
2013, c. 15, § 77, emerg. eff. April 8, 2013.
§63-92. Conditions for surrendering unclaimed bodies in government
custody to Anatomical Board.
In the event that the body of any deceased person required to be
buried or cremated at public expense shall enter into the custody of
a government official, such as a warden, superintendent,
administrator or officer of any state, county or municipal office,
the government official shall use reasonable effort to ascertain if
the deceased person has any relative, friend or other representative
Oklahoma Statutes - Title 63. Public Health and Safety Page 1061
who will assume charge of the body for burial or cremation at his or
her expense. If such effort does not result in the discovery of a
claimant within twenty-four (24) hours after death, the government
official may notify the Anatomical Board or the Board’s agent. The
government official shall, without fee or reward, surrender, except
as otherwise specifically provided by law, such unclaimed body or
bodies to the Anatomical Board’s agent and permit the Board or its
agents to take and remove all such unclaimed bodies to be used for
the advancement of medical and anatomical sciences. The Anatomical
Board or the Board’s agent may accept or decline such unclaimed
bodies, but no such body shall be delivered if:
1. any relative, by blood or marriage, has previously claimed
the body for burial or cremation at the expense of such relative, in
which event the body shall be surrendered to the claimant for burial
or cremation;
2. any government official is authorized pursuant to statutory
law of this state to bury or cremate such body; or
3. any representative of a fraternal society of which the
deceased was a member, representative of a charitable organization,
or friend of the deceased has claimed the body for burial prior to
delivery to the Board’s agent. In such event, the burial shall be
at the expense of the fraternal society, charitable organization,
friend, institution or official.
Added by Laws 1935, p. 57, § 2, emerg. eff. April 16, 1935. Amended
by Laws 1982, c. 97, § 2, operative Oct. 1, 1982; Laws 1986, c. 9, §
2, eff. Nov. 1, 1986; Laws 2006, c. 114, § 2, eff. Nov. 1, 2006.
§63-93. Autopsies - Request of chief medical examiner or district
attorney or consent of Anatomical Board required.
It is unlawful for any person or persons to perform an autopsy
on any dead human body mentioned in this article, except at the
request of the Chief Medical Examiner or a district attorney of the
county where such body is located, without the written, telegraphic
or telephonic consent of the executive director of the Anatomical
Board, or the Board’s agent. Such telegraphic or telephonic consent
shall be verified by written consent.
Added by Laws 1935, p. 58, § 3, emerg. eff. April 16, 1935; Laws
2006, c. 114, § 3, eff. Nov. 1, 2006.
§63-94. Board to receive unclaimed or donated bodies - Board
approval to donees - Distribution.
A. The Anatomical Board of the State of Oklahoma, or its duly
authorized agent, shall take and receive such unclaimed or donated
bodies and distribute them on requisition to and among institutions
to be used for anatomical purposes as approved by the Anatomical
Oklahoma Statutes - Title 63. Public Health and Safety Page 1062
Board. Unclaimed bodies shall be held for thirty (30) days before
being issued for use.
B. Any donee receiving a whole body donation from any source
shall have approval from the Board prior to receiving such donation.
C. Should the number of bodies available exceed the needs of
authorized institutions in this state, excess bodies which would
otherwise qualify for anatomical purposes in this state may be
issued to authorized institutions in other states.
Added by Laws 1935, p. 59, § 4, emerg. eff. April 16, 1935. Amended
by Laws 1976, c. 126, § 2, emerg. eff. May 18, 1976; Laws 1989, c.
163, § 2, emerg. eff. May 8, 1989; Laws 2006, c. 114, § 4, eff.
Nov. 1, 2006.
§63-95. Surrender of body when claimed.
After an unclaimed body has been received by the Anatomical
Board’s agent, and has been preserved and stored, the body may be
claimed within thirty (30) days after death, by relatives, friends,
fraternal or charitable organizations, for burial or cremation, at
the expense of the claimant, and the body shall thereupon be
surrendered to such claimant. If a body is claimed for burial or
cremation, whether by a private person, organization or a county,
and the body was embalmed at the expense of the agent, the claimant
shall reimburse the agent for the cost of embalming and
transportation.
Added by Laws 1935, p. 59, § 5, emerg. eff. April 16, 1935. Amended
by Laws 1976, c. 126, § 3, emerg. eff. May 18, 1976; Laws 2006, c.
114, § 5, eff. Nov. 1, 2006.
§63-96. Authority to dissect, operate or experiment on dead bodies
- Record of bodies received.
Any and all schools, colleges, and persons who may be designated
by the Anatomical Board shall be, and are, authorized to dissect,
operate upon, examine and experiment upon bodies distributed to them
by the Board's agent and no others. The schools, colleges and
designated persons are also authorized to retain tissue from bodies
distributed to them and to donate the tissue to a person or entity
for the purpose of training a dog to search for human remains;
provided, any tissue donated for said purpose shall not be
transferred, sold or used for any other purpose than training dogs
to search for human remains. If any human tissue that has been
donated for canine training is lost or stolen, the theft shall be
reported to the Oklahoma State Bureau of Investigation by the person
or entity that received the donation. Such dissections, operations,
examinations and experiments shall not be considered as amenable
under any already existing laws for the prevention of mutilation of
dead human bodies. Such persons, schools or colleges shall keep a
record, sufficient for identification, of each body received from
Oklahoma Statutes - Title 63. Public Health and Safety Page 1063
the Anatomical Board or agent. The record shall be subject to
inspection by the Board or its authorized officer or agent.
Added by Laws 1935, p. 59, § 6, emerg. eff. April 16, 1935. Amended
by Laws 1976, c. 126, § 4, emerg. eff. May 18, 1976; Laws 2006, c.
114, § 6, eff. Nov. 1, 2006; Laws 2020, c. 47, § 1, eff. Nov. 1,
2020.
§63-97. Cremation of bodies after scientific study completed.
After the institutions within the State of Oklahoma to whom the
bodies have been distributed have completed the scientific study of
the bodies, the remains thereof shall in every case be returned to
the Anatomical Board for final disposition by cremation. Bodies
sent to other states shall be individually cremated in that state.
The cremains shall be returned to the agent issuing the body.
Added by Laws 935, p. 59, § 7, emerg. eff. April 16, 1935. Amended
by Laws 1976, c. 126, § 5, emerg. eff. May 18, 1976; Laws 2006, c.
114, § 7, eff. Nov. 1, 2006.
§63-98. Expense of delivery or distribution of unclaimed body.
No county, municipality, officer, agent or servant thereof,
shall incur any expense by reason of the delivery or distribution of
any such body. All expenses for the storage, distribution or any
other related services involved in the use of the bodies shall be
borne by those institutions receiving and using the bodies. The
Board’s agent shall direct the payment into, and disbursements from
an appropriate account for such activity at the agent’s institution.
Added by Laws 1935, p. 59, § 8, emerg. eff. April 16, 1935. Amended
by Laws 1957, p. 19, § 3, emerg. eff. June 1, 1957; Laws 1976, c.
126, § 6, emerg. eff. May 18, 1976; Laws 2006, c. 114, § 8, eff.
Nov. 1, 2006.
§63-98.1. Repealed by Laws 2006, c. 114, § 9, eff. Nov. 1, 2006.
§63-99. Neglect to perform duties - Punishment.
Any person having duties enjoined upon him by the provisions of
this act, who shall neglect, refuse or omit to perform the same as
hereby required shall be deemed guilty of a misdemeanor and shall on
conviction thereof, be liable to a fine of not less than Fifty
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for
each offense.
Laws 1935, p. 59, § 9.
§63-100. Effect of partial unconstitutionality.
The Legislature declares that if any portion of this act is
determined to be unconstitutional, it would nevertheless have
enacted all of the remaining portion of this act, and no such
decision shall invalidate the entire act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1064
Laws 1935, p. 59, § 10.
§63-101. Shipment of dead body.
No railroad or other common carrier shall receive for shipment
to any point within the state or to any point outside the state the
body of a deceased person unless there is attached to the shipping
case, in a strong envelope, a burial-transit permit duly issued and
signed by the Chief Medical Examiner.
R.L.1910, § 6815. Amended by Laws 1951, p. 171, § 3; Laws 2013, c.
152, § 1, eff. Nov. 1, 2013.
§63-102. Violation by agent of railroad.
Any agent, or employee, or officer of any railroad, or
transportation company, violating any of the provisions of this
article, shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined in a sum of not less than Twenty-
five Dollars ($25.00), nor more than One Hundred Dollars ($100.00),
or confined in the county jail for a period of not less than thirty
(30) days nor more than ninety (90) days.
R.L.1910, § 6817.
§63-103. Post mortem caesarian section - Right to perform -
Nonliability of physician and hospital.
It shall be lawful for a physician, legally qualified to
practice in the State of Oklahoma, to perform a post mortem
caesarian section upon any female who is the victim of accidental
death, who at the time of said death, is in the advanced stages of
pregnancy and where said physician has reason to believe, following
immediate and due examination, that said child is viable in the
mother. In the performance of a caesarian section, under such
circumstances, the physician and the institution or hospital where
such operation is performed, shall not be liable, either civilly or
criminally, though performed without the consent by those in whom
the law has recognized a legal right of the possession of the body
of the deceased, provided the operation be performed in good faith
and with due skill and without unnecessary injury or mutilation.
Provided, however, said operation shall not be performed over the
protest of those in whom the law has recognized a legal right to the
possession of the body of the said deceased.
Added by Laws 1943, p. 134, § 1.
§63-104. Nonliability of physician for failure to perform.
Failure on the part of the physician, under such circumstances,
to perform a caesarian operation shall not subject said physician to
criminal liability, if in his opinion after due examination, the
child is not viable at the time of the death of the female, while in
the advanced stages of pregnancy.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1065
Laws 1943, p. 134, § 2.
§63-109. Anatomical Donor Program Registration Act.
A. This section shall be known and may be cited as the
"Anatomical Donor Program Registration Act".
B. The State Anatomical Board shall register all anatomical
donor programs and non-transplant tissue banks in the state which
meet the requirements of the Anatomical Donor Program Registration
Act.
C. Before an anatomical donor program or a non-transplant
tissue bank may receive whole body or partial body donations from
any person or entity inside or outside the state, the anatomical
donor program or non-transplant tissue bank shall register with the
Board.
D. The Board shall specify the eligibility requirements for
registration as an anatomical donor program or non-transplant tissue
bank which, at a minimum, shall require such entities to be non-
profit organizations.
E. The Board shall prescribe rules of conduct governing the
practice of anatomical donor programs or non-transplant tissue banks
registered pursuant to the Anatomical Donor Program Registration
Act.
F. In order to address persons or entities which violate the
provisions of the Anatomical Donor Program Registration Act or any
rules promulgated thereto, the Board may:
1. Deny the issuance of a registration or suspend, revoke, or
refuse to renew the registration of an anatomical donor program or
non-transplant tissue bank, provided, however, that the Board may
review, affirm, vacate, or modify a determination to deny, suspend,
revoke, or refuse registration if the anatomical donor program or
non-transplant tissue bank takes corrective actions;
2. Establish and administer administrative fines;
3. Initiate disciplinary or injunctive proceedings; and
4. Report alleged violations to the Attorney General or a
district attorney as appropriate for further investigation or
prosecution.
G. The Board shall report any violation it observes of the
Oklahoma Uniform Anatomical Gift Act to the State Department of
Health for further investigation and appropriate action.
H. The Board shall keep accurate and complete records of any
proceedings initiated under the Anatomical Donor Program
Registration Act.
I. The Board may issue a temporary registration to an
anatomical donor program or non-transplant tissue bank which was
previously registered but whose facilities were destroyed or damaged
in order that, when appropriate safeguards are in place, the
anatomical donor program or non-transplant tissue bank may continue
Oklahoma Statutes - Title 63. Public Health and Safety Page 1066
to operate. During the effective period of the temporary
registration, the Board may waive certain requirements if the
anatomical donor program or non-transplant tissue bank is making a
good faith effort to rebuild and restore its operations in order to
meet all registration requirements.
J. The Board may maintain an office or secure facilities as
deemed necessary by the Board in order to implement the Anatomical
Donor Program Registration Act.
K. The Board shall promulgate rules as necessary to implement
the provisions of the Anatomical Donor Program Registration Act.
Added by Laws 2012, c. 119, § 2, eff. Nov. 1, 2012.
§63-121.1. Definitions.
A. For purposes of this chapter:
1. "Explosive" means any chemical compound or mechanical
mixture that is commonly used or which is intended for the purpose
of producing an explosion and which contains any oxidizing and
combustive units or other ingredients in such proportions,
quantities, or packing that an ignition by fire, by friction, by
concussion, by percussion, by chemical reaction, or by detonation of
any part of the compound or mixture may cause gaseous pressures
capable of producing destructive effects on contiguous objects or of
destroying life or limb. Provided, that dynamite, nitroglycerin,
gunpowder, blasting powder and trinitrotoluene shall be deemed
explosives without further proof of their explosive nature. The
term "explosive" shall also include all material which is classified
as explosive by the United States Department of Transportation. The
term "explosive" shall not include explosives in the forms
prescribed in the official UNITED STATES PHARMACOPOEIA; fireworks as
defined by Section 1622 of Title 68 of the Oklahoma Statutes; or
small arms ammunition and components therefor, which are subject to
the Gun Control Act of 1968 (Title 18, Chapter 44, U.S. Code) and
regulations promulgated thereunder;
2. "Blasting agent" means any material or mixture consisting of
a fuel and oxidizer, intended for blasting, not otherwise classified
as an explosive, provided that the finished product, as mixed and
packaged for use or shipment, cannot be detonated when unconfined by
means of a test blasting cap containing two (2) grams of a mixture
eighty percent (80%) mercury fulminate and twenty percent (20%)
potassium chlorate, or a cap of equivalent strength. The term
"blasting agent" shall not include explosives in the forms
prescribed in the official UNITED STATES PHARMACOPOEIA; fireworks as
defined by Section 1622 of Title 68 of the Oklahoma Statutes; or
small arms ammunition and components therefor, which are subject to
the Gun Control Act of 1968 (Title 18, Chapter 44, U.S. Code) and
regulations promulgated thereunder; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1067
3. "Person" means any individual, firm, copartnership,
corporation, company, association, joint stock association, and
includes any trustee, receiver, assignee or personal representative
thereof.
Added by Laws 1971, c. 302, § 1, operative July 1, 1971. Amended by
Laws 1992, c. 192, § 6, emerg. eff. May 11, 1992; Laws 1995, c. 344,
§ 1, eff. Nov. 1, 1995. Renumbered from § 141.1 of this title by
Laws 1995, c. 344, § 32, eff. Nov. 1, 1995.
§63-122.1. Short title.
The provisions of this part shall be known and may be cited as
the "Oklahoma Explosives and Blasting Regulation Act".
Added by Laws 1995, c. 344, § 2, eff. Nov. 1, 1995.
§63-122.2. Jurisdictional areas of state agencies.
The provisions of this section specify the jurisdictional areas
of state agencies relating to the regulation of blasting and
explosives. Agencies regulating explosives and blasting are
directed to cooperate and coordinate with each other as necessary to
carrying out the duties required to regulate explosives. Agencies
regulating explosives may enter into interagency agreements with
other state agencies and law enforcement agencies of any political
subdivision of this state for the purpose of conducting
investigations related to the regulation of explosives or criminal
activity. The jurisdictional areas of responsibility specified in
this section shall be in addition to those otherwise provided by law
and assigned to the specific state agency as follows:
1. Department of Mines. The Department of Mines shall have the
following jurisdictional areas relating to the regulation of
blasting and explosives:
a. the use of explosives and blasting activities for
surface and nonsurface mining operations pursuant to
Title 45 of the Oklahoma Statutes,
b. except as otherwise provided by this part, the use of
explosives and blasting activities for nonmining
activities, and
c. except as otherwise provided by this part, the
regulation of the use of explosives or of blasting
activity not subject to the specific statutory
authority of another state agency;
2. State Fire Marshal. The State Fire Marshal shall have
regulatory jurisdictional responsibility relating to explosives as
follows:
a. the regulation of the manufacture, sale,
transportation for hire or storage of explosives or
blasting agents for resale pursuant to Division 2 of
the Oklahoma Explosives and Blasting Regulation Act,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1068
b. the examination of buildings and premises and
reporting and orders authorized pursuant to Section
317 of Title 74 of the Oklahoma Statutes, and
c. licensure, regulation and enforcement of fire
extinguishers, pursuant to the Fire Extinguisher
Licensing Act;
3. The Department of Public Safety. The Department of Public
Safety shall have the regulatory jurisdictional responsibility
relating to explosives as follows:
a. the transportation of explosives or blasting agents
classified as hazardous materials pursuant to the
Oklahoma Motor Carrier Safety and Hazardous Materials
Transportation Act,
b. the construction or making of any explosive or
explosive device not subject to specific regulatory
authority of another state agency,
c. the intentional storage of any materials which are
intended to be used to construct or make any explosive
or explosive device not subject to specific regulatory
authority of another state agency, and
d. the intentional use of any explosive or explosive
device in any manner not subject to specific
regulatory authority of another state agency.
Provided, nothing in this provision shall be construed to expand
jurisdiction of the Department of Public Safety to investigate any
crime occurring within the jurisdiction of another law enforcement
authority of any political subdivision of this state, and nothing
shall prohibit, limit, or restrict any law enforcement officer,
agency, or specialized law enforcement unit from investigating or
otherwise performing any duty or responsibility for crimes within
their respective jurisdiction relating to explosives, blasting
agents, or hazardous materials; and
4. Department of Environmental Quality. The Department of
Environmental Quality shall have jurisdictional responsibility
relating to the regulation and disposal of explosives or blasting
agents classified as solid or hazardous waste pursuant to the
Oklahoma Environmental Quality Code.
Added by Laws 1995, c. 344, § 3, eff. Nov. 1, 1995. Amended by Laws
2003, c. 168, § 5, eff. July 1, 2003; Laws 2013, c. 111, § 16, eff.
Nov. 1, 2013.
§63-123.1. Responsibility for administration, regulation and
enforcement of blasting operations or activities - Certification of
blasters.
A. Pursuant to the Oklahoma Explosives and Blasting Regulation
Act, except as otherwise provided by this part, the Department of
Mines shall be responsible for the administration, regulation and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1069
enforcement of all blasting operations or activities, and the
storage and use of all blasting agents and explosives by any person,
which is not located within the area of a mining operation or site.
B. Except as otherwise provided by this part, it shall be
unlawful for any person to store or use any blasting agents or
explosives, or conduct, supervise or control a blasting operation in
this state without first complying with the provisions of the
Oklahoma Explosives and Blasting Regulation Act and rules
promulgated by the Oklahoma Mining Commission.
C. Except as otherwise required by this part, by January 1,
1996:
1. Any person performing blasting activity shall be certified
as a blaster by the Department of Mines;
2. All blasting operations shall be conducted under the
direction of a certified blaster. Blaster certification may be
obtained from the Department upon application and proof of
competency as determined by rules of the Department; and
3. Before January 1, 1996, all blasting operations and
activities shall be conducted by competent, experienced persons who
understand the hazards involved.
D. Any blaster certification issued by the Department shall be
carried by the blaster or shall be on file at the blasting area
during blasting operations.
E. A blaster and at least one other person shall be present at
the firing of a blast.
Added by Laws 1995, c. 344, § 4, eff. Nov. 1, 1995.
§63-123.2. Permit to manufacture, store, or use explosives or
blasting agents - Records.
A. Except as otherwise provided by this part, it is a violation
to manufacture, store, or use explosives or blasting agents without
first obtaining a permit from the Department of Mines.
B. Permits issued under this division shall not be
transferable, and shall be readily available for inspection by
representatives of the Department and law enforcement officials.
C. The Department may place such restrictions and limitations
on permits as it deems necessary.
D. The Department may issue one-time or limited-time permits or
permits for continuous blasting operations.
E. 1. Permits for continuous blasting operations issued under
this division shall be valid for the calendar year after the date of
issue unless revoked or suspended. Permits for continuous blasting
operations may be renewed on each issuance date and a showing of
compliance with the Oklahoma Explosives and Blasting Regulation Act
and rules promulgated thereto.
2. Permits for one-time or limited-time permits shall be valid
only for the time specified in the permit.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1070
F. Any person holding a permit issued under this division shall
keep such records as may be required by the Department. Records
shall be maintained for not less than two (2) years following the
year in which the record is made. All such records shall be open to
inspection by the Department or its representatives during normal
business hours.
Added by Laws 1995, c. 344, § 5, eff. Nov. 1, 1995.
§63-123.2A. Permit to purchase blasting agents or explosives.
A. No person shall purchase blasting agents or explosives in
this state without first obtaining a permit pursuant to the Oklahoma
Explosives and Blasting Regulation Act or without first obtaining
written notification from the Department of Mines that the person is
exempt from this permit requirement.
B. Distributors or sellers of blasting agents or explosives
shall require presentation of either the permit or exemption
notification required in subsection A of this section before the
sale or transfer of blasting agents or explosives.
C. The Oklahoma Mining Commission shall promulgate rules to
implement this section.
Added by Laws 1997, c. 140, § 1, eff. July 1, 1997.
§63-123.3. Issuance, denial, suspension, or revocation of permits -
Hearings - Inspections - Injunctions.
The Department shall enforce the provisions of this division and
for such purposes shall:
1. Issue permits to applicants found by the Department, after
inspection and investigation, to be qualified for such permit under
the provisions of this division and the rules promulgated by the
Department;
2. Deny, suspend, or revoke permits upon a finding of
noncompliance or violation of the provisions of this division or of
the applicable rules of the Department;
3. Hold hearings upon the application of any person aggrieved
by any order of the Department with respect to the denial,
suspension, or revocation of any permit; and
4. Inspect, during normal business hours, any building,
structure, or premises subject to the provisions of this division,
and, upon the discovery of any violation of this division or the
applicable rules, issue such orders as are necessary for the safety
of workers and the public, and, in the case of imminent hazard or
emergency, apply for an injunction in the appropriate district
court.
Added by Laws 1995, c. 344, § 6, eff. Nov. 1, 1995.
§63-123.4. Rules - Fees.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1071
A. The Department of Mines shall promulgate the necessary rules
to implement the provisions of this Division. Rules promulgated by
the Department shall include but not be limited to requirements for
blasting plans, use of explosives, public notices, and records.
B. The Department of Mines may establish a schedule of fees to
be charged for applications for or issuance of new and renewed
certifications and permits required pursuant to this division. The
fees shall be subject to the following provisions:
1. The Department shall follow the procedures required by the
Administrative Procedures Act for promulgating rules in establishing
or amending any such schedule of fees;
2. The Department shall base its schedule of fees upon the
reasonable costs of operating the programs specified by this
division; and
3. The fees authorized by this section shall not be implemented
by emergency rule but shall be adopted by permanent rules, which
shall be submitted to the Legislature for review pursuant to Section
308 of Title 75 of the Oklahoma Statutes prior to implementation.
Added by Laws 1995, c. 344, § 7, eff. Nov. 1, 1995.
§63-123.5. Violations - Penalties.
A. In the enforcement of the Oklahoma Explosives and Blasting
Regulation Act pursuant to this division, any person who violates
any permit condition or who violates any other provision of the
Oklahoma Explosives and Blasting Regulation Act or rules promulgated
thereto pursuant to this division may be assessed an administrative
penalty by the Department. Such penalty shall not exceed Five
Thousand Dollars ($5,000.00) for each violation. Each day of
continuing violation may be deemed a separate violation for purposes
of penalty assessments. In determining the amount of the penalty,
consideration shall be given to the person's history of previous
violations regarding explosives and blasting operation; the
seriousness of the violation, including any irreparable harm to the
environment and any hazard to the health or safety of the public;
whether the person was negligent; and the demonstrated good faith of
the person charged in attempting to achieve rapid compliance after
notification of the violation.
B. An administrative penalty shall be assessed by the
Department only after the person charged with a violation described
under subsection A of this section has been given an opportunity for
a hearing pursuant to Article II of the Administrative Procedures
Act. Where such a hearing has been held, the Department shall make
findings of fact, and shall issue a written decision as to the
occurrence of the violation and the amount of the penalty which is
warranted, incorporating, when appropriate, an order therein
requiring that the penalty be paid. When appropriate, the
Department shall consolidate such hearings with other proceedings
Oklahoma Statutes - Title 63. Public Health and Safety Page 1072
under the Oklahoma Explosives and Blasting Regulation Act. Any
hearing under this section shall be of record. Where the person
charged with such a violation fails to avail himself of the
opportunity for a hearing, an administrative penalty shall be
assessed by the Department after determining that a violation did
occur, and the amount of the penalty which is warranted, and issuing
an order requiring that the penalty be paid.
C. Upon the issuance of a notice or order charging that a
violation of the Oklahoma Explosives and Blasting Regulation Act has
occurred, the Department shall inform the operator within thirty
(30) days of the proposed amount of said penalty. The person
charged with the penalty shall then have thirty (30) days to pay the
proposed penalty in full or, if the person wishes to contest either
the amount of the penalty or the fact of the violation, forward the
proposed amount to the Department for placement in an escrow
account. If through administrative or judicial review of the
proposed penalty, it is determined that no violation occurred, or
that the amount of the penalty should be reduced, the Department
shall within thirty (30) days remit the appropriate amount to the
person.
D. Administrative penalties owed under the Oklahoma Explosives
and Blasting Regulation Act may be recovered in a civil action
brought by the Attorney General or any district attorney in the
district in which the violation occurred at the request of the
Department in the appropriate district court. Such action, also,
may be brought by the Department.
E. Any person who willfully and knowingly violates a condition
of a permit issued pursuant to this division or fails or refuses to
comply with any order issued under this division, or any order
incorporated in a final decision issued by the Department under this
division, shall, upon conviction, be punished by a fine of not more
than Ten Thousand Dollars ($10,000.00) or by imprisonment for not
more than one (1) year, or both.
F. Whenever a corporate permittee violates a condition of a
permit issued pursuant to this division or fails or refuses to
comply with any order issued under this division, or any order
incorporated in a final decision issued by the Executive Director of
the Department of Mines under this division, any director, officer
or agent of such corporation who willfully and knowingly authorized,
ordered or carried out such violation, failure or refusal shall be
subject to the same administrative penalties, fines and imprisonment
that may be imposed upon a person under subsections A and E of this
section.
G. Whoever knowingly makes any false statement, representation
or certification, or knowingly fails to make any statement,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
Oklahoma Statutes - Title 63. Public Health and Safety Page 1073
to this division or any order of decision issued by the Department
under this division, shall, upon conviction, be punished by a fine
of not more than Ten Thousand Dollars ($10,000.00) or by
imprisonment for not more than one (1) year, or both.
H. Any person who fails to correct a violation for which a
citation has been issued within the period permitted for its
correction shall be assessed an administrative penalty of not less
than Seven Hundred Fifty Dollars ($750.00) for each day during which
such failure or violation continues.
The period permitted for corrections of violations shall not end
until:
1. The entry of a final order by the Department after an
expedited hearing which ordered the suspension of the abatement
requirements of the citation because it was determined that the
person will suffer irreparable loss or damage from the application
of the abatement requirements; or
2. The entry of an order by a court in any review proceedings
initiated by the person in which the court orders the suspension of
the abatement requirements.
I. Any person who shall, except as permitted by law, willfully
resist, prevent, impede or interfere with the Department or any of
the agents or employees thereof in the performance of duties
pursuant to this division shall, upon conviction, be punished by a
fine of not more than Five Thousand Dollars ($5,000.00), or by
imprisonment for not more than one (1) year, or both.
Added by Laws 1995, c. 344, § 8, eff. Nov. 1, 1995.
§63-123.6. Provisions cumulative to other laws and ordinances.
The provisions of this part shall be in addition to any other
state or federal laws or municipal ordinances regulating explosives,
blasting agents or similar devices. Each person shall comply with
all applicable state and federal laws and regulations and municipal
ordinances for the storage, manufacture, transportation and the use
of explosives or blasting agents.
Added by Laws 1995, c. 344, § 9, eff. Nov. 1, 1995.
§63-123.7. Deposit of monies.
Any fees, administrative penalties or any other monies obtained
by the Department of Mines pursuant to the Oklahoma Explosives and
Blasting Regulation Act shall be deposited in the Department of
Mines Revolving Fund and shall be expended by the Department of
Mines for implementation and enforcement of this part or as
otherwise deemed necessary by the Department for complying with its
responsibilities and duties according to law.
Added by Laws 1995, c. 344, § 10, eff. Nov. 1, 1995.
§63-123.8. Exemptions.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1074
A. 1. The provisions of the Oklahoma Explosives and Blasting
Regulation Act shall not apply to:
a. persons engaged in shooting wells or seismographic
operations for the purpose of oil or gas production,
b. mining operations regulated by Title 45 of the
Oklahoma Statutes, and
c. persons using explosives or blasting agents for
noncommercial use on their own land, owned in fee or
by contract, for the removal of trees, rocks and dams
or for other normal agricultural purposes.
2. Any person exempted from the provisions of the Oklahoma
Explosives and Blasting Regulation Act pursuant to this subsection
shall be liable for all damages caused by the use of explosives, or
blasting agents and blasting operations, which damages shall be
recoverable in any court of competent jurisdiction.
B. In addition, the provisions of the Oklahoma Explosives and
Blasting Regulation Act shall not apply to:
1. Any municipalities or counties in this state using any
blasting agents, explosives or conducting, supervising or
controlling a blasting operation in this state. Any such
municipality or county shall comply with rules promulgated by the
Oklahoma Mining Commission;
2. The Department of Transportation in the conducting,
supervision or controlling of any blasting operation in this state,
provided the Department shall comply with rules promulgated by the
Oklahoma Mining Commission; and
3. Duly qualified and certified bomb technicians of a federally
accredited bomb squad of municipal, county, state, and federal law
enforcement agencies for the transportation, storage or disposal of
any explosive chemical, compound or device, when such technician is
performing responsibilities for the preservation of public peace,
safety, or criminal investigation.
4. Any employee of the Oklahoma Department of Agriculture,
Food, and Forestry and the United States Department of Agriculture,
Animal and Plant Health Inspection Service, Wildlife Services who is
trained and certified by the United States Department of Agriculture
in the safe handling and use of explosive materials in the course of
the official duties of the employee.
Added by Laws 1995, c. 344, § 11, eff. Nov. 1, 1995. Amended by
Laws 2003, c. 168, § 6, eff. July 1, 2003; Laws 2007, c. 58, § 1,
eff. Nov. 1, 2007.
§63-124. Renumbered as § 128.1 of this title by Laws 1995, c. 344,
§ 34, eff. Nov. 1, 1995.
§63-124.1. Administration and enforcement - Personnel.
The State Fire Marshal Commission shall:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1075
1. Promulgate rules for the administration and enforcement of
this division;
2. Administer the provisions hereof, pursuant to said rules;
and
3. Employ such agents and clerical help as may be necessary for
such purpose.
Added by Laws 1971, c. 302, § 2, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 12, eff. Nov. 1, 1995. Renumbered from § 141.2
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.2. Federal rules or regulations to govern.
Any rule or regulation promulgated by a duly authorized federal
department, bureau, or agency shall supersede any rule promulgated
under this division.
Added by Laws 1971, c. 302, § 3, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 13, eff. Nov. 1, 1995. Renumbered from § 141.3
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.3. Permits - Information required.
A. No person shall manufacture, sell, transport for hire, or
store for resale explosives or blasting agents without first
obtaining a permit to engage in such activity from the State Fire
Marshal; provided, however, the State Fire Marshal shall waive the
state permit requirement where a valid federal license or permit has
been issued.
B. Explosives or blasting agents shall not be sold, given,
delivered or transferred to any person who does not furnish the
information required in subsection C of this section.
C. It shall be unlawful for any person to purchase, receive or
obtain explosives or blasting agents without first furnishing to the
seller or distributor the following information: a statement of
intended use, name, date, quantity, social security number or
taxpayer identification number, and place of residence of any
natural person to whom explosives or blasting agents are
distributed. If explosives or blasting agents are sold or
distributed to a corporation or other entity, such information shall
include the identity and principal and local places of business,
statement of intended use, quantity, date, name, social security
number, and place of residence of the natural person acting as agent
of the corporation or other entity in arranging the purchase or
distribution.
D. An application for a permit under this division shall be
accompanied by the payment of a fee in the amount of Ten Dollars
($10.00).
E. All state, county and city agencies that use explosives and
blasting agents shall furnish the information required in subsection
C of this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1076
F. Permits shall be valid for the calendar year in which
issued, unless sooner revoked or suspended, and may be renewed
annually on January 1 upon the payment of the required fee.
G. It shall be unlawful for any person to possess or use
explosives or blasting agents unless such person can furnish proof
of compliance with the provisions of this division.
Added by Laws 1971, c. 302, § 4, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 14, eff. Nov. 1, 1995. Renumbered from § 141.4
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.4. Disposition of permit fees.
All monies derived from the sale of permits as specified in this
division shall be transferred to the State Treasurer of the State of
Oklahoma, to be placed to the credit of the "General Revenue Fund".
Added by Laws 1971, c. 302, § 5, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 15, eff. Nov. 1, 1995. Renumbered from § 141.5
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.5. Records.
Every person permitted pursuant to the provisions of this
division, including those holding federal licenses or permits, shall
keep such records as may be required by the State Fire Marshal.
Records shall be maintained for a period of not less than five (5)
years following the year in which the record is made. All such
records shall be open to inspection by the State Fire Marshal and
his assistants during normal business hours.
Added by Laws 1971, c. 302, § 6, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 16, eff. Nov. 1, 1995. Renumbered from § 141.6
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.6. Inspection of premises.
The Fire Marshal and any assistants of the Fire Marshal may,
during normal business hours, inspect any building, structure or
premises of any person subject to the provisions of this division,
and shall, upon the discovery of any violation of this division or
rules promulgated hereunder, issue such orders as are necessary for
the safety of occupants and the public.
Added by Laws 1971, c. 302, § 7, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 17, eff. Nov. 1, 1995. Renumbered from § 141.7
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.7. Denial, revocation or suspension of permit.
Any violation of this division or the rules promulgated
hereunder shall constitute grounds for the denial, revocation or
suspension of a permit by the State Fire Marshal as deemed
appropriate by the State Fire Marshal.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1077
Added by Laws 1971, c. 302, § 8, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 18, eff. Nov. 1, 1995. Renumbered from § 141.8
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.8. Responsibility of permit holders - Penalties.
A. Any firm, corporation, company or partnership shall ensure
that all personnel, field crews, magazine attendants, truck drivers,
supervisors and superintendents are fully conversant with all
provisions of this section and the rules promulgated hereunder. The
permit holder shall be responsible for violations committed by
employees working under the company or corporation permit.
B. Any person violating any of the provisions of this section
or any rules or regulations made thereunder shall be guilty of a
Class C2 felony offense and shall be punished by a fine of not more
than Five Thousand Dollars ($5,000.00), or by imprisonment as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes, or by both such fine and imprisonment. If
such violation was committed with the knowledge or intent that any
explosive or blasting agent involved was to be used to kill, injure
or intimidate any person or unlawfully to damage any real or
personal property, the person or persons committing such violations,
upon conviction, shall be guilty of a Class B4 felony offense and
shall be punished by a fine of not more than Ten Thousand Dollars
($10,000.00), or imprisoned for not more than ten (10) years, or
both. If in a case involving such knowledge or intent personal
injury results, such person shall be guilty of a Class A1 felony
offense and shall be imprisoned for not more than twenty (20) years,
or fined not more than Twenty Thousand Dollars ($20,000.00), or
both; and if death results such person shall be subject to
imprisonment for any term of years or for life.
Added by Laws 1971, c. 302, § 9, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 19, eff. Nov. 1, 1995. Renumbered from § 141.9
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995; Laws
2025, c. 486, § 14, eff. Jan. 1, 2026.
§63-125. Renumbered as § 128.2 of this title by Laws 1995, c. 344,
§ 34, eff. Nov. 1, 1995.
§63-126. Renumbered as § 128.3 of this title by Laws 1995, c. 344,
§ 34, eff. Nov. 1, 1995.
§63-127. Renumbered as § 128.4 of this title by Laws 1995, c. 344,
§ 34, eff. Nov. 1, 1995.
§63-128. Renumbered as § 128.5 of this title by Laws 1995, c. 344,
§ 34, eff. Nov. 1, 1995.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1078
§63-128.1. Transporting vehicles to be labeled.
Except as otherwise regulated by federal law, every vehicle
carrying or transporting nitroglycerine in this state shall have
conspicuously marked thereon in letters not less than six (6) inches
in height on each side and the rear of such vehicle, the words
"Nitroglycerine - Dangerous."
R.L. 1910, § 6972. Amended by Laws 1995, c. 344, § 20, eff. Nov. 1,
1995. Renumbered from § 124 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-128.2. Storage of explosives.
Nothing in this part shall be held to apply to persons,
partnerships or corporations who store not to exceed twenty-five
(25) pounds of said explosives, except nitroglycerine, in any one
place at any one time, nor to the manufacturing or storing of drugs:
Provided, however, that for good cause shown, the Chief Mine
Inspector or deputy may issue a permit for temporary storage of any
of said explosives, except nitroglycerine, not exceeding five
hundred (500) pounds.
R.L. 1910, § 6973. Amended by Laws 1995, c. 344, § 21, eff. Nov. 1,
1995. Renumbered from § 125 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-128.3. Penalty for violation of §§ 128.1 and 128.2.
Whoever, either as principal, agent, servant, or employee of
such person, partnership, or corporation violates any of the
provisions of Sections 20 and 21 of this act, or fails to procure a
valid certificate from the Chief State Mine Inspector, as herein
provided, shall be fined not less than Fifty Dollars ($50.00) nor
more than Two Thousand Dollars ($2,000.00).
R.L. 1910, § 6974. Amended by Laws 1995, c. 344, § 22, eff. Nov. 1,
1995. Renumbered from § 126 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-128.4. Transportation of nitroglycerine in or near city, town
or village.
It shall be unlawful for any person, partnership, or corporation
to haul, transport or cause to be hauled or transported in any
manner, any nitroglycerin over, across, or upon any street, alley or
highway of any city, town or village, or any highway or lands within
one-fourth (1/4) mile of any city, town or village within this
state.
Added by Laws 1919, c. 246, p. 347, § 1. Amended by Laws 1995, c.
344, § 23, eff. Nov. 1, 1995. Renumbered from § 127 of this title
by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
§63-128.5. Shooting wells within limits.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1079
If it becomes necessary to shoot a well located within any city,
town or village or within the prohibited distance prescribed herein,
before such well is shot or any nitroglycerin is taken within any
city, town or village or within the prohibited distance herein
prescribed, permission to take a sufficient amount of nitroglycerin
to shoot said well must first be obtained from the mayor, city
council, manager or board of trustees of such city, town or village
where said well is to be shot.
Added by Laws 1919, c. 246, p. 347, § 2. Amended by Laws 1995, c.
344, § 24, eff. Nov. 1, 1995. Renumbered from § 128 of this title
by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
§63-128.6. Penalty for violation of §§ 128.4 and 128.5.
Any person, partnership or corporation violating any of the
provisions of Sections 23 and 24 of this act shall be fined not less
than Two Hundred Dollars ($200.00) nor more than Five Thousand
Dollars ($5,000.00) or by imprisonment in the county jail for a term
not exceeding twelve (12) months nor less than sixty (60) days.
Added by Laws 1919, c. 246, p. 347, § 4. Amended by Laws 1995, c.
344, § 25, eff. Nov. 1, 1995. Renumbered from § 130 of this title
by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
§63-128.7. Authority of officers.
Any municipal, county or state law enforcement officer within
this state shall have the right to arrest any person for the
violation of any of the provisions of this part.
Added by Laws 1919, c. 246, p. 347, § 3. Amended by Laws 1995, c.
344, § 26, eff. Nov. 1, 1995. Renumbered from § 129 of this title
by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
§63-129. Renumbered as § 128.7 of this title by Laws 1995, c. 344,
§ 34, eff. Nov. 1, 1995.
§63-130. Renumbered as § 128.6 of this title by Laws 1995, c. 344,
§ 34, eff. Nov. 1, 1995.
§63-131. Gasoline kept in red tanks.
All grocers, druggists, and all other vendors of gasoline in
quantities of one hundred fifty (150) gallons and less are hereby
required to put all gasoline by them hereafter kept for sale, or
sold, in a red can, tank, barrel or other receptacle, which
receptacle shall be labeled "Gasoline," and vendors of kerosene in
quantities of two hundred fifty gallons or less shall not put
kerosene in any can, tank, barrel or other receptacle painted red:
Provided, that all dealers shall be required to keep for use and
shall place all gasoline by them sold in red cans or other
receptacles.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1080
R.L.1910, § 6975.
§63-132. Penalty for violations - Civil liability.
Any grocer, druggist, or other person who shall be convicted of
a violation of the provisions of the preceding section, shall be
deemed guilty of a misdemeanor and shall be fined not less than Ten
Dollars ($10.00) nor more than Fifty Dollars ($50.00), and shall in
addition thereto be liable in damages in civil suit for any damage
resulting from a violation of the preceding section.
R.L.1910, § 6976.
§63-134. Renumbered as § 36 of Title 25 by Laws 1995, c. 344, § 36,
eff. Nov. 1, 1995.
§63-135. Repealed by Laws 1990, c. 252, § 14, operative July 1,
1990.
§63-136. Repealed by Laws 1990, c. 252, § 14, operative July 1,
1990.
§63-137. Repealed by Laws 1990, c. 252, § 14, operative July 1,
1990.
§63-141.1. Renumbered as § 121.1 of this title by Laws 1995, c.
344, § 32, eff. Nov. 1, 1995.
§63-141.2. Renumbered as § 124.1 of this title by Laws 1995, c.
344, § 33, eff. Nov. 1, 1995.
§63-141.3. Renumbered as § 124.2 of this title by Laws 1995, c.
344, § 33, eff. Nov. 1, 1995.
§63-141.4. Renumbered as § 124.3 of this title by Laws 1995, c.
344, § 33, eff. Nov. 1, 1995.
§63-141.5. Renumbered as § 124.4 of this title by Laws 1995, c.
344, § 33, eff. Nov. 1, 1995.
§63-141.6. Renumbered as § 124.5 of this title by Laws 1995, c.
344, § 33, eff. Nov. 1, 1995.
§63-141.7. Renumbered as § 124.6 of this title by Laws 1995, c.
344, § 33, eff. Nov. 1, 1995.
§63-141.8. Renumbered as § 124.7 of this title by Laws 1995, c.
344, § 33, eff. Nov. 1, 1995.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1081
§63-141.9. Renumbered as § 124.8 of this title by Laws 1995, c.
344, § 33, eff. Nov. 1, 1995.
§63-142.1. Short title.
This act shall be known and may be cited as the "Oklahoma
Underground Facilities Damage Prevention Act".
Laws 1981, c. 94, § 1, eff. Jan. 1, 1982.
§63-142.2. Definitions.
As used in the Oklahoma Underground Facilities Damage Prevention
Act:
1. "Certified project" means a project where the public agency
responsible for the public project, in consultation with the
statewide one-call notification center, as part of its procedure,
certifies that the project right-of-way is free and clear of
underground facilities or wherein the public agency responsible for
such project, as part of its procedure, notifies all persons
determined by the public agency to have underground facilities
located within the construction right-of-way and certifies that all
known underground facilities are duly located or noted on the
engineering drawings for the project;
2. "Damage" means any impact upon or removal of support from an
underground facility as a result of explosion, excavation or
demolition which according to the operating practices of the
operator of the underground facilities would necessitate the repair
thereof;
3. "Demolish" means to wreck, raze, render, move or remove a
structure by means of any equipment or explosive;
4. "Demolition" means the act or operation of demolishing a
structure;
5. "Excavate" means to dig, compress or remove earth, rock or
other materials in or on the ground by use of mechanized equipment
or blasting, including, but not necessarily limited to, augering,
boring, backfilling, drilling, grading, pile driving, plowing in,
pulling in, trenching, tunneling and plowing; provided, however,
that neither:
a. the moving of earth by tools manipulated only by human
or animal power, except in a private or public
easement or right-of-way,
b. the moving of earth by tools manipulated only by human
power for burying communication lines of a
communications provider in a private or public
easement or right-of-way when depth is not greater
than twelve (12) inches and within twelve (12) inches
of a communications provider terminal,
c. any form of cultivation for agricultural purposes, nor
any augering, dozing by noncommercial dozer operators
Oklahoma Statutes - Title 63. Public Health and Safety Page 1082
or digging for postholes, farm ponds, land clearing or
other normal agricultural purposes,
d. routine maintenance,
e. work by a public agency or its contractors on a
preengineered project,
f. work on a certified project,
g. work on a permitted project,
h. the opening of a grave in a cemetery,
i. a solid waste disposal site which is a preengineered
project,
j. any individual excavating on his or her own property
and who is not in the excavating business for hire,
except in a private or public easement or right-of-
way, nor
k. any grading or maintenance of county roads that does
not change either the existing road grade or ditch
flow line,
shall be deemed excavation;
6. "Excavation" means the act or operation of excavating;
7. "Excavator" means a person or public agency that intends to
excavate or demolish within this state;
8. "Notification center" means the statewide center currently
known as the Oklahoma One-Call System, Inc., which has as one of its
purposes to receive notification of planned excavation and
demolition in a specified area from excavators, and to disseminate
such notification of planned excavation or demolition to operators
who are members and participants;
9. "Operator" shall mean and include any person or public
agency owning or operating underground facilities;
10. "Permitted project" means a project where a permit for the
work to be performed must be issued by a state or federal agency
and, as a prerequisite to receiving such permit, the applicant must
locate all underground facilities in the area of the work and in the
vicinity of any blasting and notify each owner of such underground
facilities;
11. "Person" includes any individual, partnership, corporation,
association, cooperative, trust or other entity, including a person
engaged as a contractor by a public agency, but not including a
public agency;
12. "Preengineered project" means a public project wherein the
public agency responsible for such project, as part of its
engineering and contract procedures, holds a meeting prior to the
commencement of any construction work on such project in which all
persons, determined by the public agency, in consultation with the
statewide one-call notification center, to have underground
facilities located within the construction area of the project are
invited to attend and given an opportunity to verify or inform the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1083
public agency of the location of their underground facilities, if
any, within the construction area and where the location of all
known underground facilities are duly located or noted on the
engineering drawing and specifications for the project;
13. "Public agency" means the state, or any board, commission,
or agency of the state;
14. "Routine maintenance" means the grading of roads and barrow
or drainage ditches, the removal and replacement of pavement,
including excavation relating thereto and the installation and
maintenance of drainage and bridge facilities, signs, guardrails,
and electrical and communications facilities in or on the public
rights-of-way by a public agency;
15. "Underground facility" means any underground line, cable,
facility, system and appurtenances thereto, for producing, storing,
conveying, transmitting or distributing communication (including
voice, video, or data information), electricity, power, light, heat,
intrastate and interstate gas pipelines, as described in 49 CFR Part
192.1, intrastate and interstate hazardous liquid or carbon dioxide
pipelines, as described in 49 CFR Part 195.1, water (including storm
water), steam, sewage and other commodities and any oil and gas
pipeline located in a private or public easement or right-of-way;
16. "Design" or "survey" means a notice to facility operators
to provide underground facility information during the design or
engineering phase of a project to mitigate potential impact to
existing underground facilities;
17. "Watch and protect" means an operator or its designated
representative is present to observe an excavation within ten (10)
feet of the operator's marking of its existing underground facility;
18. "Pre-excavation meeting request" means a notice to
underground facility operators to participate in scheduled meetings
for the purpose of planning large projects and coordinate resources
accordingly; and
19. "Large projects" are those excavation projects that involve
one of the following:
a. exceeds distances defined in paragraph 5 of subsection
D of Section 142.6 of this title, or
b. estimated duration is more than ninety (90) days.
Added by Laws 1981, c. 94, § 2, eff. Jan. 1, 1982. Amended by Laws
1995, c. 344, § 27, eff. Nov. 1, 1995; Laws 2002, c. 412, § 1, eff.
July 1, 2002; Laws 2003, c. 362, § 1, eff. Nov. 1, 2003; Laws 2004,
c. 427, § 1, emerg. eff. June 4, 2004; Laws 2017, c. 192, § 1, eff.
Nov. 1, 2017; Laws 2018, c. 136, § 1, eff. Nov. 1, 2018; Laws 2019,
c. 148, § 1, eff. Nov. 1, 2019; Laws 2020, c. 65, § 1, eff. Nov. 1,
2020; Laws 2023, c. 211, § 1, eff. Nov. 1, 2023; Laws 2024, c. 118,
§ 1, eff. Nov. 1, 2024; Laws 2025, c. 242, § 1, eff. Nov. 1, 2025.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1084
§63-142.3. Filing of notice - Participation by municipality in
statewide one-call notification center.
All operators of underground facilities shall participate in the
statewide one-call notification center and shall have on file with
the notification center a notice that such operator has underground
facilities, the county or counties where such facilities are
located, and the address and telephone number of the person or
persons from whom information about such underground facilities may
be obtained. A municipality shall participate in the statewide one-
call notification center as provided for in this section.
Added by Laws 1981, c. 94, § 3, eff. Jan. 1, 1982. Amended by Laws
1992, c. 25, § 1, emerg. eff. March 30, 1992; Laws 2003, c. 362, §
2, eff. Nov. 1, 2003; Laws 2016, c. 151, § 1, eff. Nov. 1, 2016.
§63-142.4. Filing fees.
A. As provided for in this section, the notification center
shall charge and collect fees from operators filing notices pursuant
to Section 142.3 of this title, except for rural water districts
which have less than one thousand one hundred meters and
municipalities which have a population of less than three thousand
(3,000).
B. Upon the initial filing of a notice or statement and
annually thereafter, a fee shall be collected in a manner as
provided for in Section 142.10 of this title. The fee shall be due
and payable on January 1 of each year. Failure to pay such fee on
or before February 1 of such year shall result in the filing being
void and the notification center shall remove such operator from the
list of operators having underground facilities in the county. Such
operator may thereafter file again pursuant to this act, but only
upon payment to the notification center of the above-specified
initial filing fee and an additional late filing fee of Fifty
Dollars ($50.00).
C. The notification center shall maintain a current list of all
operators on file pursuant to this act and shall make copies of such
list available upon payment of the appropriate fees.
Added by Laws 1981, c. 94, § 4, eff. Jan. 1, 1982. Amended by Laws
2003, c. 362, § 3, eff. Nov. 1, 2003.
§63-142.5. Certain excavations, demolitions and explosions
prohibited near certain facilities.
No excavator shall demolish a structure, discharge an explosive
or commence to excavate in a highway, street, alley or other public
ground or way, a private easement, or on or near the location of the
facilities of an operator without first complying with the
requirements of the Underground Facilities Damage Prevention Act and
the Oklahoma Explosives and Blasting Regulation Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1085
Added by Laws 1981, c. 94, § 5, eff. Jan. 1, 1982. Amended by Laws
1995, c. 344, § 28, eff. Nov. 1, 1995.
§63-142.6. Notice of proposed demolition, explosion or excavation -
Marking or providing location of facilities - Emergencies.
A. Before an excavator shall demolish a structure, discharge
any explosive or commence to excavate in a highway, street, alley or
other public ground or way, on or near the location of an operator's
underground facilities, or a private easement, such excavator shall
first notify all operators in the geographic area defined by the
notification center who have on file with the notification center a
notice pursuant to Section 142.3 of this title to determine whether
any operators have underground facilities in or near the proposed
area of excavation or demolition. When an excavator has knowledge
that an operator does not have underground facilities within the
area of the proposed excavation, the excavator need not notify the
operator of the proposed excavation. However, an excavator shall be
responsible for damage to the underground facilities of an operator
if the notification center was not notified. When an excavator has
actual knowledge that an operator has unmarked hydrocarbon and
hazardous liquid underground facilities within the area of proposed
excavation, the excavator shall not commence excavation or
demolition until notice has been given and such facilities have been
marked. For purposes of this section, "actual knowledge" shall mean
direct and clear knowledge; provided, however, actual knowledge may
be demonstrated through circumstantial evidence and if the
circumstances are such that a defendant must have known, an
inference of actual knowledge is permitted. The excavator shall
maintain and preserve all hydrocarbon and hazardous liquid markings
for the duration of the excavation or demolition and shall notify
the notification center if such marks are no longer visible or are
removed and underground facilities have not been exposed. An
excavator must check for positive response at the notification
center prior to excavating or demolishing to ensure that all
operators have responded and that all facilities that may be
affected by the proposed excavation or demolition have been marked.
Notice shall be given no less than forty-eight (48) hours, excluding
the date of notification, Saturdays, Sundays and legal holidays,
prior to the commencement of the excavation or demolition. If a
positive response of watch and protect has been indicated, no
excavation may take place without the operator or its designated
representative present to observe the excavation within ten (10)
feet of the operator's markings of its existing underground
facility. Notice shall expire fourteen (14) calendar days from the
excavation start date. No excavation may continue after the notice
expiration unless subsequent notice has been submitted pursuant to
notice requirements. If excessive and unreasonable requests for
Oklahoma Statutes - Title 63. Public Health and Safety Page 1086
marking are made by an excavator when no excavation is taking place
prior to notice expiration, the excavator may be liable to the owner
or operator for the reasonable cost of such marking.
B. Each operator served with notice in accordance with
subsection A of this section either directly or by notice to the
notification center shall, prior to the date and time work is
scheduled to begin, unless otherwise agreed to between the excavator
and operator, locate and mark or otherwise provide the approximate
location of the underground facilities of the operator in a manner
as to enable the excavator to employ hand-dug test holes to
determine the precise location of the underground facilities in
advance of excavation. However, during any state of emergency
declared by the Governor or Legislature that impacts the area of
excavation or demolition, the time limitations of this subsection
shall be inapplicable. Each operator shall provide a positive
response to the notification center prior to the expiration of the
required notice period. This response shall indicate the status of
the required activities of the operator or designated representative
in regard to the proposed excavation or demolition. For the purpose
of the Oklahoma Underground Facilities Damage Prevention Act, the
approximate location of the underground facilities shall be defined
as a strip of land two (2) feet on either side of such underground
facilities. If a positive response to watch and protect is
indicated, the operator shall provide the name and phone number of
the contact who shall be present for observation and a designated
operator representative shall be on site at the ticket date and time
agreed upon in writing by the excavator and operator. Whenever an
operator is served with notice of an excavation or demolition and
determines that the operator does not have underground facilities
located within the proposed area of excavation or demolition, the
operator shall communicate this information to the excavator
originating the notice prior to the commencement of such excavation
or demolition.
C. The only exception to subsection A of this section shall be
when an emergency exists that endangers life, health or property.
Under these conditions, excavation operations may begin immediately,
providing reasonable precautions are taken to protect underground
facilities. All operators of underground facilities within the area
of the emergency must be notified promptly when an emergency
requires excavation prior to the location of the underground
facilities being marked. If requests for emergency locates are made
by an excavator when there is no emergency, the excavator may be
liable to the owner or operator for the reasonable cost of emergency
response.
D. Every notice given by an excavator to an operator pursuant
to this section or to the notification center pursuant to Section
Oklahoma Statutes - Title 63. Public Health and Safety Page 1087
142.3 of this title shall contain at least the following
information:
1. The name of the individual serving such notice;
2. The location of the proposed area of excavation or
demolition;
3. The name, address and telephone number of the excavator or
excavator's company;
4. The name and phone number of an excavator field contact with
actual knowledge of the excavation site and project;
5. The type and the extent, not to exceed five hundred (500)
linear feet in incorporated areas or one (1) linear mile in
unincorporated areas, of the proposed work;
6. Whether or not the discharging of explosives is anticipated;
and
7. The date and time when work is to begin.
E. In marking the approximate location of underground
facilities, an operator shall follow the standard color coding
described herein:
OPERATOR AND TYPE OF PRODUCT SPECIFIC GROUP IDENTIFYING COLOR
Electric Power Distribution
and Transmission.................................... Safety Red
Municipal Electric Systems............................ Safety Red
Gas Distribution and
Transmission......................High Visibility Safety Yellow
Oil Distribution and
Transmission......................High Visibility Safety Yellow
Dangerous Materials, Product
Lines, Steam Lines................High Visibility Safety Yellow
Telephone and Telegraph
Systems.................................... Safety Alert Orange
Police and Fire
Communications..............................Safety Alert Orange
Cable Television..............................Safety Alert Orange
Water Systems..............................Safety Precaution Blue
Slurry Systems.............................Safety Precaution Blue
Sewer Systems........................................Safety Green
Added by Laws 1981, c. 94, § 6, eff. Jan. 1, 1982. Amended by Laws
2003, c. 362, § 4, eff. Nov. 1, 2003; Laws 2016, c. 151, § 2, eff.
Nov. 1, 2016; Laws 2019, c. 148, § 2, eff. Nov. 1, 2019; Laws 2020,
c. 65, § 2, eff. Nov. 1, 2020; Laws 2021, c. 453, § 1, eff. Nov. 1,
2021; Laws 2024, c. 118, § 2, eff. Nov. 1, 2024.
§63-142.7. Use of powered or mechanized equipment - Exemptions.
A. Except as provided in subsection B of this section, powered
or mechanized equipment shall not be used directly over marked
routes of underground facilities until the precise location of the
underground facilities has been determined by the excavator, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1088
then only after the facilities have been exposed and properly
protected to avoid damage to them. If the precise location of the
underground facilities cannot be determined by the excavator, the
operator thereof shall be notified by the excavator so that the
operator can determine the precise location of the underground
facilities prior to continuing excavation or demolition.
B. The only exception to the prohibition of the use of powered
or mechanized equipment directly over marked routes of underground
facilities shall be for the removal of pavement or masonry, and then
only to the depth of such pavement or masonry.
Laws 1981, c. 94, § 7, eff. Jan. 1, 1982.
§63-142.8. Additional notice required.
A. In addition to the notice required by Section 142.6 of this
title, whenever the demolition of a structure is proposed, operators
in the geographic area defined by the notification center who have a
notice on file with the notification center pursuant to Section
142.3 of this title shall be given at least seven (7) business days'
notice of the proposed demolition before the demolition work begins.
Such notice shall be initiated by the notification center after the
excavator has met local code requirements for a demolition permit.
When an operator is served with notice and determines that
underground facilities are within the proposed area of demolition
and such facilities require additional protection, service removal
or termination, the operator shall communicate this information to
the excavator and by mutual agreement the operator and excavator
shall determine a date to begin the demolition which shall not
exceed sixty (60) business days from the original demolition notice.
If a public agency determines that the structure endangers the
public health or safety, then the public agency may, in the manner
provided by law, order the immediate demolition of the structure.
B. When a design or survey notice is received, operators or
their designee shall provide underground facilities information
within fourteen (14) calendar days from the time of the request
which may include physical markings at the project site, facility
mapping, or both. No excavation may take place on a design or
survey notice. Operators shall provide the one-call notification
center with the necessary information for notices to be sent to the
appropriate person within their company or organization.
C. Excavators involved in large projects may submit a pre-
excavation meeting request no less than fourteen (14) calendar days
prior to beginning excavation or blasting activities. Such
notification shall include the excavator's proposed meeting date,
time, location, and contact information including name, telephone,
and email. The date of the meeting shall be a minimum of seventy-
two (72) hours after the notification has been submitted.
Notwithstanding the information above, nothing prevents the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1089
excavator and underground facility operators from choosing to meet
otherwise. All affected facility owners shall be notified once the
pre-excavation meeting request has been submitted and in turn will
provide a positive response within seventy-two (72) hours to the
notification center indicating their ability to meet on the proposed
meeting date. All parties involved in the pre-excavation meeting
shall coordinate a marking plan and take actions necessary to ensure
proper notice requirements are met for affected facility operators.
Added by Laws 1981, c. 94, § 8, eff. Jan. 1, 1982. Amended by Laws
2003, c. 362, § 5, eff. Nov. 1, 2003; Laws 2004, c. 427, § 2, emerg.
eff. June 4, 2004; Laws 2023, c. 211, § 2, eff. Nov. 1, 2023; Laws
2024, c. 118, § 3, eff. Nov. 1, 2024.
§63-142.9. Damage to underground facilities.
A. When any damage occurs to an underground facility or its
protective covering, the operator thereof and the notification
center shall be notified immediately by any person who caused the
damage.
B. Upon receiving notice of such damage, the operator shall
promptly dispatch personnel to the location to effect temporary or
permanent repairs.
C. Should damage occur that endangers life, health or property,
the excavator responsible for the work shall keep all sources of
ignition away from the damaged area and shall take immediate action
to protect the public and property and to minimize the hazard until
arrival of the operator's personnel or until the appropriate police
or fire officials shall have arrived and taken charge of the damaged
area.
D. An excavator shall delay any backfilling in the immediate
area of the damaged underground facilities until the damage has been
repaired, unless the operator authorizes otherwise. The repair of
such damage must be performed by the operator or by qualified
personnel authorized by the operator.
Added by Laws 1981, c. 94, § 9, eff. Jan. 1, 1982. Amended by Laws
2017, c. 192, § 2, eff. Nov. 1, 2017; Laws 2021, c. 453, § 2, eff.
Nov. 1, 2021.
§63-142.9a. Damage to underground facilities – Liability -
Injunction.
A. Any excavator, except for a public agency who fails to
comply with the Oklahoma Underground Facilities Damage Prevention
Act and who damages an underground facility owned or operated by a
nonprofit rural water corporation organized pursuant to Section 863
of Title 18 of the Oklahoma Statutes or a rural water district
organized pursuant to the Rural Water, Sewer, Gas, and Solid Waste
Management Districts Act, shall be liable for the underground damage
to and responsible for the repair of such facilities. Any new
Oklahoma Statutes - Title 63. Public Health and Safety Page 1090
underground facilities installed on and after September 1, 1992,
shall contain materials capable of being detected so that the
facilities can be accurately located.
B. Any excavator who damages or cuts an underground facility,
as a result of negligently failing to comply with the provisions of
the Oklahoma Underground Facilities Damage Prevention Act or as a
result of failing to take measures for the protection of an
underground facility shall be liable to the operator of the
underground facility for the repair of the damaged underground
facility.
C. Except for public agencies, any excavator who by willful act
or by reckless disregard of the rights of others, repeatedly
violates the provisions of the Oklahoma Underground Facilities
Damage Prevention Act and repeatedly damages underground facilities,
thereby threatening the public health, safety, and welfare, may be
enjoined by a court of competent jurisdiction from further
excavation.
Added by Laws 1992, c. 369, § 1, eff. Sept. 1, 1992. Amended by
Laws 2002, c. 412, § 2, eff. July 1, 2002; Laws 2003, c. 362, § 6,
eff. Nov. 1, 2003.
§63-142.10. Statewide notification center.
A. Section 142.1 et seq. of this title recognizes the value of
and authorizes the establishment of a statewide notification center.
B. Upon establishment, the notification center shall operate
twenty-four (24) hours a day, seven (7) days a week. Notification,
as required by Section 142.6 of this title, to operators who are
members of or participants in the notification center, shall be
given by notifying the notification center by telephone or other
acceptable means of communication, the content of such notification
to conform to Section 142.6 of this title.
C. All operators who have underground facilities within the
defined geographical boundary of the notification center shall be
required to be members in good standing of the notification center.
D. A suitable record shall be maintained for not less than four
(4) years by the notification center to document the receipt of
notices from excavators and positive responses from operators as
required by Section 142.1 et seq. of this title.
Public agencies, as defined in Section 142.2 of this title,
shall have access to the record of underground facilities.
Added by Laws 1981, c. 94, § 10, eff. Jan. 1, 1982. Amended by Laws
2003, c. 362, § 7, eff. Nov. 1, 2003; Laws 2020, c. 65, § 3, eff.
Nov. 1, 2020; Laws 2021, c. 453, § 3, eff. Nov. 1, 2021; Laws 2024,
c. 118, § 4, eff. Nov. 1, 2024.
§63-142.11. Exemptions.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1091
Notwithstanding anything which may be contained in this act to
the contrary, public agencies and their contractors engaged in work
within the public right-of-way which work is a preengineered
project, certified project or routine maintenance shall be exempt
from the provisions of this act. Provided, a public agency
contractor, prior to engaging in routine maintenance, shall take
reasonable steps to determine the location of underground facilities
in or near the proposed area of work. Reasonable steps may include
utilization of the statewide one-call notification center procedures
as provided for in Section 142.6 of this title.
Added by Laws 1981, c. 94, § 11, eff. Jan. 1, 1982. Amended by Laws
1986, c. 114, § 1, eff. Nov. 1, 1986; Laws 2003, c. 362, § 8, eff.
Nov. 1, 2003.
§63-142.12. Repealed by Laws 2016, c. 151, § 3, eff. Nov. 1, 2016.
§63-142.13. Enforcement authority – Corporation Commission.
The Corporation Commission is hereby designated as the agency to
enforce the provisions of the Oklahoma Underground Facilities Damage
Prevention Act, Section 142.1 et seq. of Title 63 of the Oklahoma
Statutes, over excavation or demolition on or near or directly over
the location of, and notice of damage to, oil and natural gas
physical facilities which are described by the currently effective
definition of "pipeline" in 49 CFR Part 192.3 and "pipeline" and
"pipeline system" in 49 CFR Part 195.2. Enforcement authority
granted in this section shall be concurrent with and shall not be
construed to modify or limit any private right of action, including
those available pursuant to Section 142.9a of Title 63 of the
Oklahoma Statutes. Terms used in this section shall be as defined
in the Oklahoma Underground Facilities Damage Prevention Act.
Added by Laws 2014, c. 243, § 1, emerg. eff. May 9, 2014.
§63-176. Repealed by Laws 2013, c. 53, § 2, eff. July 1, 2013.
§63-313A. Definitions.
A. As used in this section:
1. a. "Health benefit plan" means a plan that:
(1) provides benefits for medical or surgical
expenses incurred as a result of a health
condition, accident, or sickness, and
(2) is offered by any insurance company, group
hospital service corporation, the State and
Education Employees Group Insurance Board, or a
health maintenance organization that delivers or
issues for delivery an individual, group,
blanket, or franchise insurance policy or
insurance agreement, a group hospital service
Oklahoma Statutes - Title 63. Public Health and Safety Page 1092
contract, or an evidence of coverage, or, to the
extent permitted by the Employee Retirement
Income Security Act of 1974, 29 U.S.C., Section
1001 et seq., by a multiple employer welfare
arrangement as defined in Section 3 of the
Employee Retirement Income Security Act of 1974,
or any other analogous benefit arrangement,
whether the payment is fixed or by indemnity.
b. "Health benefit plan" shall not include:
(1) a plan that provides coverage:
(a) only for a specified disease or diseases or
under an individual limited benefit policy,
(b) only for accidental death or dismemberment,
(c) for dental or vision care,
(d) a hospital confinement indemnity policy,
(e) disability income insurance or a combination
of accident-only and disability income
insurance, or
(f) as a supplement to liability insurance,
(2) a Medicare supplemental policy as defined by
Section 1882(g)(1) of the Social Security Act (42
U.S.C., Section 1395ss),
(3) worker's compensation insurance coverage,
(4) medical payment insurance issued as part of a
motor vehicle insurance policy,
(5) a long-term care policy, including a nursing home
fixed indemnity policy, unless a determination is
made that the policy provides benefit coverage so
comprehensive that the policy meets the
definition of a health benefit plan, or
(6) short-term health insurance issued on a
nonrenewable basis with a duration of six (6)
months or less; and
2. "Prior authorization" means a utilization management
criterion utilized to seek permission or waiver of a drug to be
covered under a health prior authorization.
B. Notwithstanding any other provision of law to the contrary,
in order to establish uniformity in the submission of prior
authorization forms, on or after January 1, 2014, a health benefit
plan shall utilize prior authorization forms for obtaining any prior
authorization for prescription drug benefits. A form shall not
exceed three pages in length, excluding any instructions or guiding
documentation and a health benefit plan may customize the content of
the form specific to the prescription drug for which the prior
authorization is being requested. A health benefit plan may make
the form accessible through multiple computer operating systems.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1093
Additionally, upon request, the health benefit plan shall make a
copy of the form available to the Insurance Commissioner.
Added by Laws 2013, c. 362, § 1.
§63-313B. Prior authorization forms for prescription drug benefits.
A. As used in this section:
1. a. "Health benefit plan" means a plan that:
(1) provides benefits for medical or surgical
expenses incurred as a result of a health
condition, accident, or sickness, and
(2) is offered by any insurance company, group
hospital service corporation, the State and
Education Employees Group Insurance Board, or a
health maintenance organization that delivers or
issues for delivery an individual, group,
blanket, or franchise insurance policy or
insurance agreement, a group hospital service
contract, or an evidence of coverage, or, to the
extent permitted by the Employee Retirement
Income Security Act of 1974, 29 U.S.C., Section
1001 et seq., by a multiple employer welfare
arrangement as defined in Section 3 of the
Employee Retirement Income Security Act of 1974,
or any other analogous benefit arrangement,
whether the payment is fixed or by indemnity.
b. "Health benefit plan" shall not include:
(1) a plan that provides coverage:
(a) only for a specified disease or diseases or
under an individual limited benefit policy,
(b) only for accidental death or dismemberment,
(c) for dental or vision care,
(d) a hospital confinement indemnity policy,
(e) disability income insurance or a combination
of accident-only and disability income
insurance, or
(f) as a supplement to liability insurance,
(2) a Medicare supplemental policy as defined by
Section 1882(g)(1) of the Social Security Act (42
U.S.C., Section 1395ss),
(3) workers' compensation insurance coverage,
(4) medical payment insurance issued as part of a
motor vehicle insurance policy,
(5) a long-term care policy, including a nursing home
fixed indemnity policy, unless a determination is
made that the policy provides benefit coverage so
comprehensive that the policy meets the
definition of a health benefit plan, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1094
(6) short-term health insurance issued on a
nonrenewable basis with a duration of six (6)
months or less; and
2. "Prior authorization" means a utilization management
criterion utilized to seek permission or waiver of a drug to be
covered under a health prior authorization.
B. Notwithstanding any other provision of law to the contrary,
in order to establish uniformity in the submission of prior
authorization forms, on or after January 1, 2015, a health benefit
plan shall utilize prior authorization forms for obtaining any prior
authorization for prescription drug benefits. A form shall not
exceed three pages in length, excluding any instructions or guiding
documentation and a health benefit plan may customize the content of
the form specific to the prescription drug for which the prior
authorization is being requested. A health benefit plan may make
the form accessible through multiple computer operating systems.
Additionally, upon request, the health benefit plan shall make a
copy of the form available to the Insurance Commissioner.
Added by Laws 2014, c. 264, § 1, eff. Nov. 1, 2014.
§63-315. Display of sign by retailers as to meat inspection.
All retail establishments selling meats which have been either
state or federally inspected shall display a sign adjacent to the
meat counter and plainly visible to the customer stating that "meat
sold over this counter has been state inspected," or if it is
federally inspected it shall state that "meat sold over this counter
has been federally inspected." This sign shall be not less than
24"x10" in size with prominent letters.
Added by Laws 1961, p. 692, § 6, emerg. eff. July 29, 1961.
§63-316. Repealed by Laws 2020, c. 53, § 3, eff. Nov. 1, 2020.
§63-317. Repealed by Laws 2020, c. 53, § 3, eff. Nov. 1, 2020.
§63-330.21. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.22. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.23. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.24. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1095
§63-330.25. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.26. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.27. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.31. Independent audits - Reimbursable cost statements.
The superintendent of each hospital operated by the State of
Oklahoma or any department, commission, agency, or authority thereof
is authorized to employ Certified Public Accountants for the purpose
of conducting an independent audit of such hospital's books and
records and preparing an audit report and reimbursable cost
statement at the close of each fiscal year in accordance with the
requirements of third party payors that may reimburse such hospital
for care and treatment provided.
Laws 1965, c. 128, § 1, emerg. eff. May 24, 1965.
§63-330.51. Renumbered as § 1-1949.2 of this title by Laws 2023, c.
271, § 12, eff. Nov. 1, 2023.
§63-330.52. State Board of Examiners for Long-Term Care
Administrators — Creation — Termination.
A. There is hereby re-created the Oklahoma State Board of
Examiners for Long-Term Care Administrators, to continue until the
conditions of Section 2 of this act have been met. Upon
satisfaction of such conditions, the Oklahoma State Board of
Examiners for Long-Term Care Administrators shall be abolished.
B. The Oklahoma State Board of Examiners for Long-Term Care
Administrators shall consist of fifteen (15) members, eight of whom
shall be representatives of the professions and institutions of
long-term care, with representation from each type of administrator
defined in Section 330.51 of this title. In order to be eligible to
serve as a member, such administrators shall be licensed or
certified in their defined facility type, and be in good standing
and have at least three (3) years of experience as an administrator
in the facility type they represent, except a nursing facility
administrator as defined in Section 330.51 of this title, who shall
have at least five (5) years of experience as a nursing facility
administrator. Four members shall represent the general public, of
which at least two shall be licensed medical professionals concerned
with the care and treatment of critically ill or infirm elderly
Oklahoma Statutes - Title 63. Public Health and Safety Page 1096
patients. The preceding twelve members shall be appointed by the
Governor, with the advice and consent of the Senate. The final
three members shall constitute the State Commissioner of Health, the
Director of the Department of Human Services, and the Director of
the Department of Mental Health and Substance Abuse Services, or
their designees.
C. No members other than the eight licensed or certified
administrators shall have a direct or indirect financial interest in
long-term care facilities.
D. Effective November 1, 2011, all appointed positions of the
current Board shall be deemed vacant. The Governor shall make
initial appointments pursuant to the provisions of this subsection.
Initial appointments shall become effective on November 1, 2011.
The new members of the Board shall be initially appointed as
follows:
1. Four of the members representing each administrator type,
two members representing the general public and two other members
shall be appointed for a term of two (2) years to expire on October
31, 2013; and
2. Four of the members representing each administrator type,
two members representing the general public and one other member
shall be appointed for a term of three (3) years to expire on
October 31, 2014.
E. After the initial terms, the terms of all appointive members
shall be three (3) years. Any vacancy occurring in the position of
an appointive member shall be filled by the Governor, with the
advice and consent of the Senate, for the unexpired term.
F. Any member of the Board shall recuse himself or herself from
voting on any matter that originated from or involves an entity with
which the Board member is affiliated.
Added by Laws 1968, c. 100, § 2, emerg. eff. April 1, 1968. Amended
by Laws 1973, c. 264, § 1, emerg. eff. May 24, 1973; Laws 1980, c.
175, § 1, eff. Oct. 1, 1980; Laws 1982, c. 196, § 1, emerg. eff.
April 27, 1982; Laws 1988, c. 225, § 21; Laws 1991, c. 168, § 2,
eff. July 1, 1991; Laws 1995, c. 17, § 1, emerg. eff. March 31,
1995; Laws 2000, c. 91, § 1; Laws 2005, c. 168, § 2, emerg. eff. May
13, 2005; Laws 2006, c. 291, § 2, eff. July 1, 2006; Laws 2007, c.
347, § 10, eff. Nov. 1, 2007; Laws 2011, c. 192, § 2, eff. Nov. 1,
2011; Laws 2018, c. 295, § 1; Laws 2019, c. 343, § 1, eff. Nov. 1,
2019; Laws 2023, c. 271, § 4, emerg. eff. May 22, 2023.
§63-330.52a. Transfer of duties, powers, and responsibilities.
A. On November 1, 2023, all employees, powers, duties,
functions, and responsibilities of the Oklahoma State Board of
Examiners for Long-Term Care Administrators shall be transferred to
the State Department of Health. The transfer shall include all
equipment, supplies, records, assets, current and future
Oklahoma Statutes - Title 63. Public Health and Safety Page 1097
liabilities, fund balances, encumbrances, obligations, and
indebtedness associated with the Oklahoma State Board of Examiners
for Long-Term Care Administrators.
B. Any monies accruing to or in the name of the Oklahoma State
Board of Examiners for Long-Term Care Administrators on and after
November 1, 2023, or any monies that accrue in any funds or accounts
or are maintained for the benefit of the Oklahoma State Board of
Examiners for Long-Term Care Administrators on and after November 1,
2023, shall be transferred to the State Department of Health.
C. The State Department of Health shall succeed to any
contractual rights and responsibilities incurred by the Oklahoma
State Board of Examiners for Long-Term Care Administrators.
D. The Director of the Office of Management and Enterprise
Services is hereby directed to coordinate the transfer of funds,
allotments, purchase orders, and outstanding financial obligations
or encumbrances as provided for in this section.
E. On November 1, 2023, all administrative rules promulgated by
the Oklahoma State Board of Examiners for Long-Term Care
Administrators shall be transferred to and become a part of the
administrative rules of the State Department of Health. The Office
of Administrative Rules in the Secretary of State’s office shall
provide adequate notice in the Oklahoma Register of the transfer of
such rules and shall place the transferred rules under the Oklahoma
Administrative Code title of the State Department of Health. Such
rules shall continue in force and effect as rules of the State
Department of Health from and after November 1, 2023, and any
amendment, repeal, or addition to the transferred rules shall be
under the jurisdiction of the State Commissioner of Health.
F. The state agency known as the Oklahoma State Board of
Examiners for Long-Term Care Administrators shall be abolished after
all the transfers described in this section have been completed.
Added by Laws 2023, c. 271, § 2, emerg. eff. May 22, 2023.
§63-330.53. Renumbered as § 1-1949.3 of this title by Laws 2023, c.
271, § 13, eff. Nov. 1, 2023.
§63-330.54. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023.
§63-330.56. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023.
§63-330.57. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023.
§63-330.58. Renumbered as § 1-1949.4 of this title by Laws 2023, c.
271, § 14, eff. Nov. 1, 2023.
§63-330.59. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1098
§63-330.60. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023.
§63-330.61. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023.
§63-330.62. Renumbered as § 1-1949.5 of this title by Laws 2023, c.
271, § 15, eff. Nov. 1, 2023.
§63-330.63. Repealed by Laws 2006, c. 291, § 13, eff. July 1, 2006.
§63-330.64. Renumbered as § 1-1949.6 of this title by Laws 2023, c.
271, § 16, eff. Nov. 1, 2023.
§63-330.65. Repealed by Laws 2023, c. 271, § 17, eff. Nov. 1, 2023.
§63-330.71. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May
30, 1990.
§63-330.72. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May
30, 1990.
§63-330.73. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May
30, 1990.
§63-330.74. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May
30, 1990.
§63-330.75. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May
30, 1990.
§63-330.76. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May
30, 1990.
§63-330.77. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May
30, 1990.
§63-330.78. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May
30, 1990.
§63-330.79. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May
30, 1990.
§63-330.80. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May
30, 1990.
§63-330.81. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1099
§63-330.82. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May
30, 1990.
§63-330.83. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May
30, 1990.
§63-330.84. Renumbered as § 2451 of this title by Laws 1990, c.
320, § 19, emerg. eff. May 30, 1990.
§63-330.85. Renumbered as § 2452 of this title by Laws 1990, c.
320, § 19, emerg. eff. May 30, 1990.
§63-330.86. Renumbered as § 2453 of this title by Laws 1990, c.
320, § 19, emerg. eff. May 30, 1990.
§63-330.87. Renumbered as § 2454 of this title by Laws 1990, c.
320, § 19, emerg. eff. May 30, 1990.
§63-330.88. Renumbered as § 2455 of this title by Laws 1990, c.
320, § 19, emerg. eff. May 30, 1990.
§63-330.89. Repealed by Laws 1990, c. 320, § 21, emerg. eff. May
30, 1990.
§63-330.90. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.91. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.92. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.93. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.94. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.95. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.96. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.97. Renumbered as § 1-2522 of this title by Laws 2002, c.
374, § 11, eff. July 1, 2002.
§63-330.98. Emergency Management Assistance Compact and Rescue Out
of State Deployments Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Department of Emergency Management and Homeland Security, to
be designated the "Emergency Management Assistance Compact and
Rescue Out of State Deployments Revolving Fund". The fund shall be
Oklahoma Statutes - Title 63. Public Health and Safety Page 1100
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies deposited to the credit of the fund by law.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department of
Emergency Management and Homeland Security for the direct
reimbursement of participating entities deployed through the
Oklahoma Department of Emergency Management and Homeland Security
that is consistent with the federal Emergency Management Assistance
Compact Guidelines. 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 2022, c. 173, § 1, eff. Nov. 1, 2022.
§63-420. Medical marijuana patient license – Possession limits -
Application – Caregiver license.
A. A person in possession of a state-issued medical marijuana
patient license shall be able to:
1. Consume marijuana legally;
2. Legally possess up to three (3) ounces or eighty-four and
nine-tenths (84.9) grams of marijuana on their person;
3. Legally possess six mature marijuana plants and the
harvested marijuana therefrom;
4. Legally possess six seedling plants;
5. Legally possess one (1) ounce or twenty-eight and three
tenths (28.3) grams of concentrated marijuana;
6. Legally possess seventy-two (72) ounces or two thousand
thirty-seven and six-tenths (2037.6) grams of edible marijuana;
7. Legally possess up to eight (8) ounces or two hundred
twenty-six and four-tenths (226.4) grams of marijuana in their
residence; and
8. Legally possess seventy-two (72) ounces of topical
marijuana.
B. Possession of up to one and one-half (1.5) ounces or forty-
two and forty-five one-hundredths (42.45) grams of marijuana by
persons who can state a medical condition, but are not in possession
of a state-issued medical marijuana patient license, shall
constitute a misdemeanor offense punishable by a fine not to exceed
Four Hundred Dollars ($400.00) and shall not be subject to
imprisonment for the offense. Any law enforcement officer who comes
in contact with a person in violation of this subsection and who is
satisfied as to the identity of the person, as well as any other
pertinent information the law enforcement officer deems necessary,
shall issue to the person a written citation containing a notice to
answer the charge against the person in the appropriate court. Upon
receiving the written promise of the alleged violator to answer as
specified in the citation, the law enforcement officer shall release
Oklahoma Statutes - Title 63. Public Health and Safety Page 1101
the person upon personal recognizance unless there has been a
violation of another provision of law.
C. The Oklahoma Medical Marijuana Authority shall be
established which shall receive applications for medical marijuana
patient and caregiver license recipients, dispensaries, growers, and
processors within sixty (60) days of the passage of this initiative.
D. The Authority shall, within thirty (30) days of passage of
this initiative, make available on its website, in an easy-to-find
location, an application for a medical marijuana patient license.
The license shall be valid for two (2) years. The biannual
application fee shall be One Hundred Dollars ($100.00), or Twenty
Dollars ($20.00) for individuals on Medicaid, Medicare or
SoonerCare. The methods of payment shall be provided on the website
of the Authority. Reprints of the medical marijuana patient license
shall be Twenty Dollars ($20.00).
E. A short-term medical marijuana patient license application
shall also be made available on the website of the Authority. A
short-term medical marijuana patient license shall be granted to any
applicant who can meet the requirements for a two-year medical
marijuana patient license, but whose physician recommendation for
medical marijuana is only valid for sixty (60) days. Short-term
medical marijuana patient licenses shall be issued for sixty (60)
days. The fee for a short-term medical marijuana patient license,
reprints of the short-term medical marijuana patient license, and
the procedure for extending or renewing the license shall be
determined by the Executive Director of the Authority.
F. A temporary medical marijuana patient license application
shall also be made available on the website of the Authority for
residents of other states. Temporary medical marijuana patient
licenses shall be granted to any medical marijuana license holders
from other states, provided that such states have state-regulated
medical marijuana programs, and applicants can prove they are
members of such programs. Temporary medical marijuana patient
licenses shall be issued for thirty (30) days. The cost for a
temporary license shall be One Hundred Dollars ($100.00). Renewal
shall be granted with resubmission of a new application. No
additional criteria shall be required. Reprints of the temporary
medical marijuana patient license shall be Twenty Dollars ($20.00).
G. Medical marijuana patient license applicants shall submit
their applications to the Authority for approval. The applicant
shall be a resident of this state and shall prove residency by a
valid driver license, utility bills, or other accepted methods.
H. The Authority shall review the medical marijuana patient
license application; approve, reject, or deny the application; and
mail the approval, rejection, or denial letter stating any reasons
for rejection, to the applicant within fourteen (14) business days
of receipt of the application. Approved applicants shall be issued
Oklahoma Statutes - Title 63. Public Health and Safety Page 1102
a medical marijuana patient license which shall act as proof of his
or her approved status. Applications may only be rejected or denied
based on the applicant not meeting stated criteria or improper
completion of the application. If an application is rejected for
failure to provide required information, the applicant shall have
thirty (30) days to submit the required information for
reconsideration.
I. The Authority shall make available, both on its website and
through a telephone verification system, an easy method to validate
the authenticity of the medical marijuana patient license by the
unique twelve-character identification number and PDF417 barcode.
J. The Authority shall ensure that all medical marijuana
patient and caregiver records and information are sealed to protect
the privacy of medical marijuana patient license applicants.
K. A caregiver license shall be made available for qualified
caregivers of a medical marijuana patient license holder who is
homebound. As provided in Section 427.11 of this title, the
caregiver license shall provide the caregiver the same rights as the
medical marijuana patient licensee including the ability to possess
marijuana, marijuana products and mature and immature plants or
cultivated medical marijuana pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act, but excluding the ability to
use marijuana or marijuana products unless the caregiver has a
medical marijuana patient license. Applicants for a caregiver
license shall submit proof of the license status and homebound
status of the medical marijuana patient and proof that the applicant
is the designee of the medical marijuana patient. The applicant
shall also submit proof that he or she is eighteen (18) years of age
or older and proof of his or her state residency. This shall be the
only criteria for a caregiver license. A licensed caregiver shall
not cultivate medical marijuana for more than five medical marijuana
patient licensees and shall not charge a medical marijuana patient
licensee for cultivating medical marijuana in excess of the actual
costs incurred in cultivating the medical marijuana.
L. All applicants for a medical marijuana patient license shall
be eighteen (18) years of age or older. A special exception shall
be granted to an applicant under the age of eighteen (18); however,
these applications shall be signed by two physicians and the parent
or legal guardian of the applicant.
M. All applications for a medical marijuana patient license
shall be signed by an Oklahoma physician licensed by and in good
standing with the State Board of Medical Licensure and Supervision,
the State Board of Osteopathic Examiners, or the Board of Podiatric
Medical Examiners. There are no qualifying conditions. A medical
marijuana patient license shall be recommended according to the
accepted standards a reasonable and prudent physician would follow
when recommending or approving any medication. No physician may be
Oklahoma Statutes - Title 63. Public Health and Safety Page 1103
unduly stigmatized, penalized, subjected to discipline, sanctioned,
reprimanded or harassed for signing a medical marijuana patient
license application, provided the physician acted in accordance with
the provisions of this subsection and all other rules governing the
medical license of the physician in this state.
N. Counties and cities may enact medical marijuana guidelines
allowing medical marijuana patient license holders or caregiver
license holders to exceed the state limits set forth in subsection A
of this section.
Added by Section 1, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
Amended by Laws 2019, c. 477, § 5; Laws 2020, c. 161, § 44, emerg.
eff. May 21, 2020; Laws 2021, c. 584, § 1, emerg. eff. May 28, 2021;
Laws 2024, c. 182, § 1, emerg. eff. April 26, 2024; Laws 2025, c.
209, § 1, eff. Nov. 1, 2025; Laws 2025, c. 494, § 1, eff. Nov. 1,
2025.
NOTE: Laws 2019, c. 509, § 2 repealed by Laws 2020, c. 161, § 45,
emerg. eff. May 21, 2020.
§63-421. Medical marijuana dispensary license application – Fee –
Criteria for license – Monthly sales report.
A. The Oklahoma Medical Marijuana Authority shall make
available on its website in an easy-to-find location an application
for a medical marijuana dispensary license. The application fee to
be paid by the applicant shall be in the amounts provided for in
Section 427.14 of this title. A method of payment for the
application fee shall be provided on the website of the Authority.
Dispensary applicants must all be residents of Oklahoma. Any entity
applying for a dispensary license must be owned by a resident of
this state and must be registered to do business in this state. The
Authority shall have ninety (90) business days to review the
application; approve, reject, or deny the application; and send the
approval, rejection, or denial letter stating reasons for the
rejection or denial to the applicant in the same method the
application was submitted to the Authority.
B. The Authority shall approve all applications which meet the
following criteria:
1. The applicant must be twenty-five (25) years of age or
older;
2. The applicant, if applying as an individual, must show
residency in this state;
3. All applying entities must show that all members, managers,
and board members are residents of this state;
4. An applying entity may show ownership of nonstate residents,
but that percentage ownership may not exceed twenty-five percent
(25%);
Oklahoma Statutes - Title 63. Public Health and Safety Page 1104
5. All applying individuals or entities must be registered to
conduct business in this state; and
6. All applicants must disclose all ownership interests in the
dispensary.
Applicants with a nonviolent felony conviction in the last two
(2) years, any other felony conviction in the last five (5) years,
inmates in the custody of the Department of Corrections or any
person currently incarcerated shall not qualify for a medical
marijuana dispensary license.
C. Licensed medical marijuana dispensaries shall be required to
complete a monthly sales report to the Authority. This report shall
be due on the fifteenth of each month and provide reporting on the
previous month. This report shall detail the weight of marijuana
purchased at wholesale and the weight of marijuana sold to licensed
medical marijuana patients and licensed caregivers and account for
any waste. The report shall show total sales in dollars, tax
collected in dollars, and tax due in dollars. The Authority shall
have oversight and auditing responsibilities to ensure that all
marijuana being grown is accounted for.
D. Only a licensed medical marijuana dispensary may conduct
retail sales of marijuana or marijuana derivatives. Beginning on
November 1, 2021, licensed medical marijuana dispensaries shall be
authorized to package and sell pre-rolled marijuana to licensed
medical marijuana patients and licensed caregivers. The products
described in this subsection shall contain only the ground parts of
the marijuana plant and shall not include marijuana concentrates or
derivatives. The total net weight of each pre-roll packaged and
sold by a medical marijuana dispensary shall not exceed one (1)
gram. These products shall be tested, packaged and labeled in
accordance with state law and rules promulgated by the Executive
Director of the Oklahoma Medical Marijuana Authority.
E. No medical marijuana dispensary shall offer or allow a
medical marijuana patient licensee, caregiver licensee or other
member of the public to handle or otherwise have physical contact
with any medical marijuana not contained in a sealed or separate
package. Provided, such prohibition shall not preclude an employee
of the medical marijuana dispensary from handling loose or
nonpackaged medical marijuana to be placed in packaging consistent
with the Oklahoma Medical Marijuana and Patient Protection Act and
the rules promulgated by the Executive Director for the packaging of
medical marijuana for retail sale. Provided, further, such
prohibition shall not prevent a medical marijuana dispensary from
displaying samples of its medical marijuana in separate display
cases, jars or other containers and allowing medical marijuana
patient licensees and caregiver licensees the ability to handle or
smell the various samples as long as the sample medical marijuana is
used for display purposes only and is not offered for retail sale.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1105
Added by Section 2, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
Amended by Laws 2021, c. 553, § 2, eff. Nov. 1, 2021; Laws 2022, c.
332, § 1, eff. June 1, 2023; Laws 2023, c. 322, § 1, emerg. eff.
June 1, 2023; Laws 2024, c. 182, § 4, emerg. eff. April 26, 2024.
§63-422. Medical marijuana commercial grower license application –
Fee – Criteria for license.
A. The Oklahoma Medical Marijuana Authority shall make
available on its website in an easy-to-find location an application
for a medical marijuana commercial grower license. The application
fee shall be paid by the applicant in the amounts provided for in
Section 427.14 of this title. A method of payment for the
application fee shall be provided on the website of the Authority.
The Authority shall have ninety (90) business days to review the
application; approve, reject, or deny the application; and send the
approval, rejection, or denial letter stating the reasons for the
rejection or denial to the applicant in the same method the
application was submitted to the Authority.
B. The Authority shall approve all applications which meet the
following criteria:
1. The applicant must be twenty-five (25) years of age or
older;
2. The applicant, if applying as an individual, must show
residency in this state;
3. All applying entities must show that all members, managers,
and board members are Oklahoma residents;
4. An applying entity may show ownership of non-Oklahoma
residents, but that percentage ownership may not exceed twenty-five
percent (25%);
5. All applying individuals or entities must be registered to
conduct business in this state; and
6. All applicants must disclose all ownership interests in the
commercial grower operation.
Applicants with a nonviolent felony conviction in the last two
(2) years, any other felony conviction in the last five (5) years,
inmates in the custody of the Department of Corrections or any
person currently incarcerated shall not qualify for a commercial
grower license.
C. A licensed medical marijuana commercial grower may sell
marijuana to a licensed medical marijuana dispensary or a licensed
medical marijuana processor. Further, sales by a licensed medical
marijuana commercial grower shall be considered wholesale sales and
shall not be subject to taxation. Under no circumstances may a
licensed medical marijuana commercial grower sell marijuana directly
to a licensed medical marijuana patient or licensed medical
marijuana caregiver. A licensed medical marijuana commercial grower
Oklahoma Statutes - Title 63. Public Health and Safety Page 1106
may only sell at the wholesale level to a licensed medical marijuana
dispensary, a licensed medical marijuana commercial grower or a
licensed medical marijuana processor. If the federal government
lifts restrictions on buying and selling marijuana between states,
then a licensed medical marijuana commercial grower would be allowed
to sell and buy marijuana wholesale from, or to, an out-of-state
wholesale provider. A licensed medical marijuana commercial grower
shall be required to complete a monthly yield and sales report to
the Authority. This report shall be due on the fifteenth of each
month and provide reporting on the previous month. This report
shall detail the amount of marijuana harvested in pounds, the amount
of drying or dried marijuana on hand, the amount of marijuana sold
to licensed processors in pounds, the amount of waste in pounds, and
the amount of marijuana sold to licensed medical marijuana
dispensaries in pounds. Additionally, this report shall show total
wholesale sales in dollars. The Authority shall have oversight and
auditing responsibilities to ensure that all marijuana being grown
by licensed medical marijuana commercial growers is accounted for.
D. There shall be no limits on how much marijuana a licensed
medical marijuana commercial grower can grow.
E. Beginning on November 1, 2021, licensed medical marijuana
commercial growers shall be authorized to package and sell pre-
rolled marijuana to licensed medical marijuana dispensaries. The
products described in this subsection shall contain only the ground
parts of the marijuana plant and shall not include marijuana
concentrates or derivatives. The total net weight of each pre-roll
packaged and sold by licensed medical marijuana commercial growers
shall not exceed one (1) gram. These final products must be tested,
packaged and labeled in accordance with Oklahoma law and rules
promulgated by the Authority.
F. Beginning November 1, 2022, all medical marijuana commercial
grower licensees who operate an outdoor medical marijuana production
facility shall be required to register with the Oklahoma Department
of Agriculture, Food, and Forestry as an environmentally sensitive
crop owner. Registration shall provide notice to commercial and
private pesticide applicators of the locations of medical marijuana
crops and help minimize the potential for damaging pesticide drift.
Medical marijuana commercial grower licensees shall provide their
business name, address, Global Positioning System (GPS) coordinates
for all outdoor medical marijuana production facilities, and any
other information required by the Department when registering with
the Environmentally Sensitive Area Registry.
Added by Section 3, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
Amended by Laws 2021, c. 553, § 3, eff. Nov. 1, 2021; Laws 2022, c.
332, § 2, eff. June 1, 2023; Laws 2023, c. 322, § 2, emerg. eff.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1107
June 1, 2023; Laws 2024, c. 182, § 6, emerg. eff. April 26, 2024;
Laws 2024, c. 447, § 1, emerg. eff. June 14, 2024.
§63-423. Medical marijuana processing license - Application –
Inspection - Devices.
A. The Oklahoma Medical Marijuana Authority shall make
available on its website in an easy-to-find location an application
for a medical marijuana processing license. The Authority shall be
authorized to issue two types of medical marijuana processor
licenses based on the level of risk posed by the type of processing
conducted:
1. Nonhazardous medical marijuana processor license; and
2. Hazardous medical marijuana processor license.
The application fee for a nonhazardous or hazardous medical
marijuana processor license shall be paid by the applicant in the
amounts provided for in Section 427.14 of this title. A method of
payment shall be provided on the website of the Authority. The
Authority shall have ninety (90) business days to review the
application; approve, reject, or deny the application; and send the
approval, rejection, or denial letter stating the reasons for the
rejection or denial to the applicant in the same method the
application was submitted to the Authority.
B. The Authority shall approve all applications which meet the
following criteria:
1. The applicant must be twenty-five (25) years of age or
older;
2. The applicant, if applying as an individual, must show
residency in this state;
3. All applying entities must show that all members, managers,
and board members are Oklahoma residents of this state;
4. An applying entity may show ownership of nonstate residents,
but that percentage ownership may not exceed twenty-five percent
(25%);
5. All applying individuals or entities must be registered to
conduct business in this state; and
6. All applicants must disclose all ownership interests in the
processing operation.
Applicants with a nonviolent felony conviction in the last two
(2) years, any other felony conviction in the last five (5) years,
inmates in the custody of the Department of Corrections or any
person currently incarcerated shall not qualify for a medical
marijuana processing license.
C. 1. A licensed processor may take marijuana plants and
distill or process these plants into concentrates, edibles, and
other forms for consumption.
2. The Executive Director of the Authority shall make available
a set of standards which shall be used by licensed processors in the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1108
preparation of edible marijuana products. The standards should be
in line with current food preparation guidelines. No excessive or
punitive rules may be established by the Executive Director.
3. Up to two times a year, the Authority may inspect a
processing operation and determine its compliance with the
preparation standards. If deficiencies are found, a written report
of the deficiency shall be issued to the licensed processor. The
licensed processor shall have one (1) month to correct the
deficiency or be subject to a fine of Five Hundred Dollars ($500.00)
for each deficiency.
4. A licensed processor may sell marijuana products it creates
to a licensed dispensary or any other licensed processor. All sales
by a licensed processor shall be considered wholesale sales and
shall not be subject to taxation.
5. Under no circumstances may a licensed processor sell
marijuana or any marijuana product directly to a licensed medical
marijuana patient or licensed caregiver. However, a licensed
processor may process cannabis into a concentrated form for a
licensed medical marijuana patient for a fee.
6. Licensed processors shall be required to complete a monthly
yield and sales report to the Authority. This report shall be due
on the fifteenth of each month and shall provide reporting on the
previous month. This report shall detail the amount of marijuana
and medical marijuana products purchased in pounds, the amount of
marijuana cooked or processed in pounds, and the amount of waste in
pounds. Additionally, this report shall show total wholesale sales
in dollars. The Authority shall have oversight and auditing
responsibilities to ensure that all marijuana being processed is
accounted for.
D. The Authority shall oversee the inspection and compliance of
licensed processors producing products with marijuana as an
additive. If it becomes permissible under federal law, marijuana
may be moved across state lines.
E. Any device used for the processing or consumption of medical
marijuana shall be considered legal to be sold, manufactured,
distributed and possessed. No merchant, wholesaler, manufacturer or
individual may be unduly harassed or prosecuted for selling,
manufacturing or possessing marijuana paraphernalia.
Added by Section 4, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
Amended by Laws 2021, c. 553, § 4, eff. Nov. 1, 2021; Laws 2022, c.
332, § 3, eff. June 1, 2023; Laws 2023, c. 322, § 3, emerg. eff.
June 1, 2023; Laws 2024, c. 182, § 8, emerg. eff. April 26, 2024.
§63-424. Marijuana transportation license.
A. A marijuana transportation license will be issued to
qualifying applicants for a marijuana retail, growing, or processing
Oklahoma Statutes - Title 63. Public Health and Safety Page 1109
license. The transportation license will be issued at the time of
approval of a retail, growing, or processing license.
B. A transportation license will allow the holder to transport
marijuana from an Oklahoma licensed medical marijuana retailer,
licensed growing facility, or licensed processor facility to an
Oklahoma licensed medical marijuana retailer, licensed growing
facility, or licensed processing facility.
C. All marijuana or marijuana products shall be transported in
a locked container and clearly labeled "Medical Marijuana or
Derivative".
Added by Section 5, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
§63-425. Discrimination protection for license holders — Zoning —
Location near schools.
A. No school or landlord may refuse to enroll or lease to and
may not otherwise penalize a person solely for his or her status as
a licensed medical marijuana patient, unless failing to do so would
cause the school or landlord the potential to lose a monetary or
licensing-related benefit under federal law or regulations.
B. 1. Unless a failure to do so would cause an employer the
potential to lose a monetary or licensing-related benefit under
federal law or regulations, an employer may not discriminate against
a person in hiring, termination or imposing any term or condition of
employment or otherwise penalize a person based upon the status of
the person as a licensed medical marijuana patient.
2. Employers may take action against a licensed medical
marijuana patient if the licensed medical marijuana patient uses or
possesses marijuana while in his or her place of employment or
during the hours of employment. Employers may not take action
against the licensed medical marijuana patient solely based upon the
status of an employee as a licensed medical marijuana patient or the
results of a drug test showing positive for marijuana or its
components.
C. For the purposes of medical care, including organ
transplants, the authorized use of marijuana by a licensed medical
marijuana patient shall be considered the equivalent of the use of
any other medication under the direction of a physician and does not
constitute the use of an illicit substance or otherwise disqualify a
registered qualifying patient from medical care.
D. No licensed medical marijuana patient may be denied custody
of or visitation or parenting time with a minor child, and there is
no presumption of neglect or child endangerment for conduct allowed
under this law, unless the behavior of the person creates an
unreasonable danger to the safety of the minor child.
E. No licensed medical marijuana patient may unduly be withheld
from holding a state-issued license by virtue of their being a
Oklahoma Statutes - Title 63. Public Health and Safety Page 1110
licensed medical marijuana patient including, but not limited to, a
concealed carry permit.
F. 1. No city or local municipality may unduly change or
restrict zoning laws to prevent the opening of a medical marijuana
dispensary.
2. For purposes of this subsection, an undue change or
restriction of municipal zoning laws means an act which entirely
prevents medical marijuana dispensaries from operating within
municipal boundaries as a matter of law. Municipalities may follow
their standard planning and zoning procedures to determine if
certain zones or districts would be appropriate for locating
marijuana-licensed premises, medical marijuana businesses or any
other premises where marijuana or its by-products are cultivated,
grown, processed, stored or manufactured.
3. For purposes of this section, a medical marijuana dispensary
does not include those other entities licensed by the Oklahoma
Medical Marijuana Authority as marijuana-licensed premises, medical
marijuana businesses or other facilities or locations where
marijuana or any product containing marijuana or its by-products are
cultivated, grown, processed, stored or manufactured.
G. 1. Except as otherwise provided in this subsection, the
location of any medical marijuana dispensary is specifically
prohibited within one thousand (1,000) feet of any school entrance.
On and after the effective date of this act, for purposes of
calculating the 1,000-foot setback distance, the measurement shall
be determined by calculating the distance in a straight line from
the school door nearest the front door of the retail marijuana
dispensary to the front door of the retail marijuana dispensary.
2. On and after June 26, 2018, if any school is established
within one thousand (1,000) feet of any retail marijuana dispensary
after a license has been issued by the Authority for that location,
the setback distance between properties shall not apply as long as
the licensed property is used for its original licensed purpose.
The licensed location shall be grandfathered in as to the setback
distance as long as the property is used in accordance with the
original licensed purpose.
3. On and after June 26, 2018, the Authority, due to an error
in measurement of the setback distance or failure to measure the
setback distance by the Authority prior to issuance of an original
license at a location, shall not:
a. deny any issuance or renewal of a license at that
location,
b. deny any transfer of license pursuant to a change in
ownership at that location, or
c. revoke any license due to an error in measurement or
failure to measure the setback distance, except as
otherwise provided by law.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1111
The retail marijuana dispensary shall be grandfathered in as to
the setback distance, subject only to the municipal compliance
provisions of Section 426.1 of this title.
4. For purposes of this subsection and subsection H of this
section:
a. “school” means the same as defined in Section 427.2 of
this title, and
b. “error in measurement” means a mistake made by the
Authority or a municipality in the setback measurement
process where either the distance between a retail
marijuana dispensary and a school is miscalculated due
to mathematical error or the method used to measure
the setback distance is inconsistent with this
section. The setback measurement process is allowed
an error in measurement up to and including five
hundred (500) feet when remeasured after an original
license has been issued.
H. The location of any medical marijuana commercial grower
shall not be within one thousand (1,000) feet of any school as
measured from the nearest property line of such school to the
nearest property line of the licensed premises of such medical
marijuana commercial grower. Additionally, the location of the
medical marijuana commercial grower shall not adjoin to any school
or be located at the same physical address as the school. If a
medical marijuana commercial grower met the requirements of this
subsection at the time of its initial licensure, the medical
marijuana commercial grower licensee shall be permitted to continue
operating at the licensed premises in the same manner and not be
subject to nonrenewal or revocation due to subsequent events or
changes in regulations occurring after licensure that would render
the medical marijuana commercial grower in violation of this
subsection. If any school is established within one thousand
(1,000) feet of any medical marijuana commercial grower after such
medical marijuana commercial grower has been licensed, or if any
school is established adjoining to or at the same physical address
as any medical marijuana commercial grower after such medical
marijuana commercial grower has been licensed, the provisions of
this subsection shall not be a deterrent to the renewal of such
license or warrant revocation of the license. For purposes of this
subsection, a property owned, used, or operated by a school that is
not used for classroom instruction on core curriculum, such as an
administrative building, athletic facility, ballpark, field, or
stadium, shall not constitute a school unless such property is
located on the same campus as a building used for classroom
instruction on core curriculum.
Added by Section 6, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1112
Amended by Laws 2019, c. 509, § 3; Laws 2020, c. 161, § 46, emerg.
eff. May 21, 2020; Laws 2021, c. 465, § 2, eff. Nov. 1, 2021; Laws
2021, c. 584, § 2, emerg. eff. May 28, 2021; Laws 2024, c. 182, §
10, emerg. eff. April 26, 2024.
NOTE: Laws 2019, c. 378, § 2 repealed by Laws 2020, c. 161, § 47,
emerg. eff. May 21, 2020.
§63-426. Tax on retail medical marijuana.
A. The tax on retail medical marijuana sales shall be
established at seven percent (7%) of the gross amount received by
the seller.
B. This tax shall be collected at the point of sale. Except as
provided for in subsection D, tax proceeds shall be deposited into
the Medical Marijuana Tax Fund created in Section 3 of this act.
C. Pursuant to Section 255.2 of Title 68 of the Oklahoma
Statutes, the Oklahoma Tax Commission shall have authority to
assess, collect and enforce the tax specified in subsection A of
this section including any interest and penalty thereon.
D. For fiscal year 2022, proceeds from the levy authorized by
subsection A of this section shall be apportioned as follows:
1. The first Sixty-five Million Dollars ($65,000,000.00) shall
be apportioned as follows:
a. fifty-nine and twenty-three hundredths percent
(59.23%) to the State Public Common School Building
Equalization Fund,
b. thirty-four and sixty-two hundredths percent (34.62%)
to the Oklahoma Medical Marijuana Authority, a
division within the State Department of Health, and
c. six and fifteen hundredths percent (6.15%) to the
State Department of Health and earmarked for drug and
alcohol rehabilitation; and
2. Any surplus collections shall be apportioned to the General
Revenue Fund of the State Treasury.
E. If any medical marijuana business licensee intentionally
does not remit the taxes as required by the provisions of this
section or the provisions of Section 1354 of Title 68 of the
Oklahoma Statutes, the Authority shall permanently revoke the
medical marijuana business license of the business licensee and the
business licensee shall be permanently ineligible to receive any
other type of medical marijuana business license issued by the
Authority, including licenses for a dispensary, commercial grower
operation, processing facility, transporter, research, education
facility, and waste disposal facility.
Added by Section 7, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
Amended by Laws 2021, c. 563, § 2, emerg. eff. May 28, 2021; Laws
2022, c. 228, § 27, emerg. eff. May 5, 2022; Laws 2023, c. 168, § 1,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1113
Nov. 1, 2023; Laws 2023, 1st Ex. Sess., c. 34, § 1, eff. July 1,
2023.
NOTE: Laws 2021, c. 584, § 13 repealed by Laws 2022, c. 228, § 28,
emerg. eff. May 5, 2022. Laws 2021, c. 553, § 6 repealed by Laws
2022, c. 228, § 29, emerg. eff. May 5, 2022.
§63-426.1. Licensure revocation hearings to be recorded – Sharing
information with law enforcement - Sharing information with
political subdivisions – Certificate of compliance with political
subdivision.
A. All licensure revocation hearings conducted pursuant to
marijuana licenses established in the Oklahoma Statutes shall be
recorded. A party may request a copy of the recording of the
proceedings. Copies shall be provided to local law enforcement if
the revocation was based on alleged criminal activity.
B. The Oklahoma Medical Marijuana Authority shall assist any
law enforcement officer in the performance of his or her duties upon
such request by the law enforcement officer or the request of other
local officials having jurisdiction. Except for license information
concerning licensed patients, as defined in Section 427.2 of this
title, the Authority shall share information with law enforcement
agencies upon request without a subpoena or search warrant.
C. The Authority shall make available all information on
whether a medical marijuana patient or caregiver license is valid to
law enforcement electronically through an online verification
system.
D. The Authority shall make available to state agencies and
political subdivisions a list of marijuana-licensed premises,
medical marijuana businesses or any other premises where marijuana
or its by-products are licensed to be cultivated, grown, processed,
stored or manufactured to aid state agencies and county and
municipal governments in identifying locations within their
jurisdiction and ensuring compliance with applicable laws, rules and
regulations.
E. 1. Any marijuana-licensed premises, medical marijuana
business or any other premises where marijuana or its by-products
are licensed to be cultivated, grown, processed, stored or
manufactured shall submit with its application or request to change
location, after notifying the political subdivision of its intent, a
certificate of occupancy from the political subdivision or State
Fire Marshal where the facility of the applicant or licensee is to
be located certifying compliance with zoning classifications,
applicable municipal ordinances and all applicable safety,
electrical, fire, plumbing, waste, construction and building
specification codes. If the political subdivision does not have an
authority having a jurisdiction agreement on file with the Office of
the State Fire Marshal, the State Fire Marshal shall certify
Oklahoma Statutes - Title 63. Public Health and Safety Page 1114
compliance with all applicable safety, electrical, fire, plumbing,
waste, construction, and building specification codes.
2. Beginning on May 28, 2021, upon the initial request for
renewal or transfer of a retail marijuana dispensary license, a
municipal government may object to the continued licensure of the
medical marijuana dispensary if the municipal government determines
it is operating contrary to the required setback distance from a
school including the error in measurement allowance authorized by
Section 425 of this title.
3. To prevent the granting of the grandfather provisions of
Section 425 of this title as a matter of law, the municipal
government shall provide the following documentation prior to the
initial renewal or transfer of a license:
a. a municipal resolution finding that the marijuana
dispensary is located within the prohibited setback
distance from a school that was openly in existence in
such a way that the public generally would have known
of the school’s existence and operation in that
location prior to the original marijuana dispensary
being licensed. For purposes of this subparagraph,
“openly in existence” means any building, location or
structure on a school site that has visible outward
markings indicating the building, location or
structure was operating as a school which would serve
as sufficient notice of the existence of the school or
a reason for further inquiry on the part of the
marijuana dispensary license applicant. Openly in
existence shall not mean any school that operated
secretly or discreetly without any signs or other
markings on any building, location or structure on the
school site, undeveloped land or a structure owned by
a school that was not openly used and marked as a
school site, or any school site that was established
after the marijuana dispensary had been established
and licensed by the Authority, and
b. documentation of the measured distance from the school
to the marijuana dispensary utilizing the method for
determining the setback distance less any allowable
error in measurement calculated and remeasured on and
after the effective date of this act as authorized by
Section 425 of this title.
4. Prior to initial renewal or transfer of a license and upon
receipt of documentation required by paragraph 3 of this subsection,
if the Authority determines that the medical marijuana dispensary is
operating contrary to the required setback distance from a school
including the error in measurement allowance authorized by Section
425 of this title, the Authority may deny the renewal or transfer of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1115
the medical marijuana dispensary license and shall cause the license
to be revoked.
5. For purposes of this subsection, “school” means the same as
defined in Section 427.2 of this title.
Once a certificate of occupancy has been submitted to the
Oklahoma Medical Marijuana Authority showing full compliance as
outlined in this subsection, the licensee shall only need to submit
an affidavit for license renewal stating the premises continues to
comply with zoning classifications, applicable municipal ordinances,
and all applicable safety, electrical, fire, plumbing, waste,
construction, and building specification codes. An additional
certificate of occupancy along with an affidavit shall be submitted
if a change of use or occupancy occurs, or there is any change
concerning the facility or location that would, by law, require
additional inspection, licensure or permitting by the state or
municipality. Municipalities or the State Fire Marshal may
implement an inspection program to verify compliance with this
subsection. The Authority shall promulgate the rules necessary for
the affidavit provided in this subsection. If an application for
renewal is submitted in violation of the provisions of this
subsection or information provided on the affidavit is inaccurate or
untrue, the Authority shall suspend operations of the licensee’s
premises until compliance is reestablished. All existing medical
marijuana business licensees and registrants that do not possess a
valid certificate of occupancy, where required, shall be subject to
revocation until such time as a valid certificate of occupancy is
obtained for all applicable structures. This provision shall not
apply to medical marijuana business licensees and registrants who
submitted a full and complete application for a valid certificate of
occupancy to the State Fire Marshal or political subdivision with an
authority having a jurisdiction agreement on file with the State
Fire Marshal before February 1, 2024, and while the same application
remains under review by the State Fire Marshal or political
subdivision. Medical marijuana business licensees and registrants
are responsible for compliance with applicable state fire, building,
and electrical codes and may be liable for all damage that results
from noncompliance with state fire, building, and electrical codes
to the extent authorized by law.
Added by Laws 2019, c. 509, § 4. Amended by Laws 2021, c. 553, § 7,
eff. Nov. 1, 2021; Laws 2022, c. 251, § 6, eff. Nov. 1, 2022; Laws
2024, c. 182, § 14, emerg. eff. April 26, 2024; Laws 2024, c. 447, §
2, emerg. eff. June 14, 2024.
NOTE: Editorially renumbered from § 427 of this title to avoid a
duplication in numbering.
§63-427.1. Short title - Oklahoma Medical Marijuana and Patient
Protection Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1116
This act shall be known and may be cited as the "Oklahoma
Medical Marijuana and Patient Protection Act".
Added by Laws 2019, c. 11, § 1.
§63-427.2. See the following versions:
OS 63-427.2v1 (SB 1995, Laws 2024, c. 182, § 16).
OS 63-427.2v2 (SB 1635, Laws 2024, c. 447, § 3).
§63-427.2v1. Definitions.
As used in the Oklahoma Medical Marijuana and Patient Protection
Act:
1. “Advertising” means the act of providing consideration for
the publication, dissemination, solicitation, or circulation, of
visual, oral, or written communication to induce directly or
indirectly any person to patronize a particular medical marijuana
business, or to purchase particular medical marijuana or a medical
marijuana product. Advertising includes marketing, but does not
include packaging and labeling;
2. “Authority” means the Oklahoma Medical Marijuana Authority;
3. “Batch number” means a unique numeric or alphanumeric
identifier assigned prior to testing to allow for inventory tracking
and traceability;
4. “Cannabinoid” means any of the chemical compounds that are
active principles of marijuana;
5. “Caregiver” means a family member or assistant who regularly
looks after a medical marijuana patient license holder whom a
physician attests needs assistance;
6. “Child-resistant” means special packaging that is:
a. designed or constructed to be significantly difficult
for children under five (5) years of age to open and
not difficult for normal adults to use properly as
defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.
1700.20 (1995), and
b. resealable to maintain its child-resistant
effectiveness for multiple openings for any product
intended for more than a single use or containing
multiple servings;
7. “Clone” means a nonflowering plant cut from a mother plant
that is capable of developing into a new plant and has shown no
signs of flowering;
8. “Complete application” means a document prepared in
accordance with the provisions set forth in the Oklahoma Medical
Marijuana and Patient Protection Act, rules promulgated pursuant
thereto, and the forms and instructions provided by the Oklahoma
Medical Marijuana Authority including any supporting documentation
required and the applicable license application fee;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1117
9. “Director” means the Executive Director of the Oklahoma
Medical Marijuana Authority;
10. “Dispense” means the selling of medical marijuana or a
medical marijuana product to a qualified patient or the designated
caregiver of the patient that is packaged in a suitable container
appropriately labeled for subsequent administration to or use by a
qualifying patient;
11. “Dispensary” means a medical marijuana dispensary, an
entity that has been licensed by the Authority pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act to purchase
medical marijuana or medical marijuana products from a licensed
medical marijuana commercial grower or licensed medical marijuana
processor, to prepare and package noninfused pre-rolled medical
marijuana, and to sell medical marijuana or medical marijuana
products to licensed patients and caregivers as defined in this
section, or sell or transfer products to another licensed
dispensary;
12. “Edible medical marijuana product” means any medical-
marijuana-infused product for which the intended use is oral
consumption including, but not limited to, any type of food, drink
or pill;
13. “Entity” means an individual, general partnership, limited
partnership, limited liability company, trust, estate, association,
corporation, cooperative or any other legal or commercial entity;
14. “Flower” means the reproductive organs of the marijuana or
cannabis plant referred to as the bud or parts of the plant that are
harvested and used for consumption in a variety of medical marijuana
products;
15. “Flowering” means the reproductive state of the marijuana
or cannabis plant in which there are physical signs of flower or
budding out of the nodes of the stem;
16. “Exit package” means an opaque bag that is provided at the
point of sale in which pre-packaged medical marijuana is placed;
17. “Food-based medical marijuana concentrate” means a medical
marijuana concentrate that was produced by extracting cannabinoids
from medical marijuana through the use of propylene glycol,
glycerin, butter, olive oil, coconut oil or other typical food-safe
cooking fats;
18. “Harvest batch” means a specifically identified quantity of
medical marijuana that is uniform in strain, cultivated utilizing
the same cultivation practices, harvested at the same time from the
same location and cured under uniform conditions;
19. “Harvested marijuana” means postflowering medical marijuana
not including trim, concentrate or waste;
20. “Heat- or pressure-based medical marijuana concentrate”
means a medical marijuana concentrate that was produced by
Oklahoma Statutes - Title 63. Public Health and Safety Page 1118
extracting cannabinoids from medical marijuana through the use of
heat or pressure;
21. “Immature plant” means a nonflowering marijuana plant that
has not demonstrated signs of flowering;
22. “Inventory tracking system” means the required tracking
system that accounts for the entire life span of medical marijuana
and medical marijuana products including any testing samples thereof
and medical marijuana waste;
23. “Licensed patient” or “patient” means a person who has been
issued a medical marijuana patient license by the Oklahoma Medical
Marijuana Authority;
24. “Licensed premises” means the premises specified in an
application for a medical marijuana business license, medical
marijuana research facility license or medical marijuana education
facility license pursuant to the Oklahoma Medical Marijuana and
Patient Protection Act that are owned or in possession of the
licensee and within which the licensee is authorized to cultivate,
manufacture, distribute, sell, store, transport, test or research
medical marijuana or medical marijuana products in accordance with
the provisions of the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto;
25. “Manufacture” means the production, propagation,
compounding or processing of a medical marijuana product, excluding
marijuana plants, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis, or by a combination of extraction and
chemical synthesis;
26. “Marijuana” shall have the same meaning as such term is
defined in Section 2-101 of this title and shall not include any
plant or material containing delta-8 or delta 10
tetrahydrocannabinol which is grown, processed, or sold pursuant to
the provisions of the Oklahoma Industrial Hemp Program;
27. “Material change” means any change that would affect the
qualifications for licensure of an applicant or licensee;
28. “Mature plant” means a harvestable female marijuana plant
that is flowering;
29. “Medical marijuana business (MMB)” means a licensed medical
marijuana dispensary, medical marijuana processor, medical marijuana
commercial grower, medical marijuana laboratory, medical marijuana
business operator or a medical marijuana transporter;
30. “Medical marijuana concentrate” or “concentrate” means a
specific subset of medical marijuana that was produced by extracting
cannabinoids from medical marijuana. Categories of medical
marijuana concentrate include water-based medical marijuana
concentrate, food-based medical marijuana concentrate, solvent-based
medical marijuana concentrate, and heat- or pressure-based medical
marijuana concentrate;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1119
31. “Medical marijuana commercial grower” or “commercial
grower” means an entity licensed to cultivate, prepare and package
medical marijuana or package medical marijuana as pre-rolls, and
transfer or contract for transfer medical marijuana and medical
marijuana pre-rolls to a medical marijuana dispensary, medical
marijuana processor, any other medical marijuana commercial grower,
medical marijuana research facility or medical marijuana education
facility. A commercial grower may sell seeds, flower or clones to
commercial growers pursuant to the Oklahoma Medical Marijuana and
Patient Protection Act;
32. “Medical marijuana education facility” or “education
facility” means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act to operate a facility
providing training and education to individuals involving the
cultivation, growing, harvesting, curing, preparing, packaging or
testing of medical marijuana, or the production, manufacture,
extraction, processing, packaging or creation of medical-marijuana-
infused products or medical marijuana products as described in the
Oklahoma Medical Marijuana and Patient Protection Act;
33. “Medical-marijuana-infused product” means a product infused
with medical marijuana including, but not limited to, edible
products, ointments and tinctures;
34. “Medical marijuana product” or “product” means a product
that contains cannabinoids that have been extracted from plant
material or the resin therefrom by physical or chemical means and is
intended for administration to a qualified patient including, but
not limited to, oils, tinctures, edibles, pills, topical forms,
gels, creams, vapors, patches, liquids, and forms administered by a
nebulizer, excluding live plant forms which are considered medical
marijuana;
35. “Medical marijuana processor” means a person or entity
licensed pursuant to the Oklahoma Medical Marijuana and Patient
Protection Act to operate a business including the production,
manufacture, extraction, processing, packaging or creation of
concentrate, medical-marijuana-infused products or medical marijuana
products as described in the Oklahoma Medical Marijuana and Patient
Protection Act;
36. “Medical marijuana research facility” or “research
facility” means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act to conduct medical
marijuana research. A medical marijuana research facility is not a
medical marijuana business;
37. “Medical marijuana testing laboratory” or “laboratory”
means a public or private laboratory licensed pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act to conduct
testing and research on medical marijuana and medical marijuana
products;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1120
38. “Medical marijuana transporter” or “transporter” means a
person or entity that is licensed pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act. A medical marijuana
transporter does not include a medical marijuana business that
transports its own medical marijuana, medical marijuana concentrate
or medical marijuana products to a property or facility adjacent to
or connected to the licensed premises if the property is another
licensed premises of the same medical marijuana business;
39. “Medical marijuana waste” or “waste” means unused, surplus,
returned or out-of-date marijuana, plant debris of the plant of the
genus Cannabis including dead plants and all unused plant parts,
except the term shall not include roots, stems, stalks and fan
leaves;
40. “Medical use” means the acquisition, possession, use,
delivery, transfer or transportation of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medical marijuana to treat a
licensed patient;
41. “Mother plant” means a marijuana plant that is grown or
maintained for the purpose of generating clones, and that will not
be used to produce plant material for sale to a medical marijuana
processor or medical marijuana dispensary;
42. “Oklahoma physician” or “physician” means a physician
licensed by and in good standing with the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners
or the Board of Podiatric Medical Examiners;
43. “Oklahoma resident” means an individual who can provide
proof of residency as required by the Oklahoma Medical Marijuana and
Patient Protection Act;
44. “Owner” means, except where the context otherwise requires,
a direct beneficial owner including, but not limited to, all persons
or entities as follows:
a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a general partnership,
c. all general partners and all limited partners that own
an interest in a limited partnership,
d. all members that own an interest in a limited
liability company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f. all persons or entities that own interest in a joint
venture,
g. all persons or entities that own an interest in an
association,
h. the owners of any other type of legal entity, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1121
i. any other person holding an interest or convertible
note in any entity which owns, operates or manages a
licensed facility;
45. “Package” or “packaging” means any container or wrapper
that may be used by a medical marijuana business to enclose or
contain medical marijuana;
46. “Person” means a natural person, partnership, association,
business trust, company, corporation, estate, limited liability
company, trust or any other legal entity or organization, or a
manager, agent, owner, director, servant, officer or employee
thereof, except that person does not include any governmental
organization;
47. “Pesticide” means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any
pest or any substance or mixture of substances intended for use as a
plant regulator, defoliant or desiccant, except that the term
pesticide shall not include any article that is a “new animal drug”
as designated by the United States Food and Drug Administration;
48. “Production batch” means:
a. any amount of medical marijuana concentrate of the
same category and produced using the same extraction
methods, standard operating procedures and an
identical group of harvest batch of medical marijuana,
or
b. any amount of medical marijuana product of the same
exact type, produced using the same ingredients,
standard operating procedures and the same production
batch of medical marijuana concentrate;
49. “Public institution” means any entity established or
controlled by the federal government, state government, or a local
government or municipality including, but not limited to,
institutions of higher education or related research institutions;
50. “Public money” means any funds or money obtained by the
holder from any governmental entity including, but not limited to,
research grants;
51. “Recommendation” means a document that is signed or
electronically submitted by a physician on behalf of a patient for
the use of medical marijuana pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act;
52. “Registered to conduct business” means a person that has
provided proof that the business applicant or licensee is in good
standing with the Secretary of State;
53. “Remediation” means the process by which a harvest batch or
production batch that fails testing undergoes a procedure to remedy
the harvest batch or production batch and is retested in accordance
with state laws, rules and regulations;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1122
54. “Research project” means a discrete scientific endeavor to
answer a research question or a set of research questions related to
medical marijuana and is required for a medical marijuana research
license. A research project shall include a description of a
defined protocol, clearly articulated goals, defined methods and
outputs, and a defined start and end date. The description shall
demonstrate that the research project will comply with all
requirements in the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto. All research
and development conducted by a medical marijuana research facility
shall be conducted in furtherance of an approved research project;
55. “Revocation” means the final decision by the Authority that
any license issued pursuant to the Oklahoma Medical Marijuana and
Patient Protection Act is rescinded because the individual or entity
does not comply with the applicable requirements set forth in the
Oklahoma Medical Marijuana and Patient Protection Act or rules
promulgated pursuant thereto;
56. “School” means a public or private elementary, middle or
high school, or technology center school which is primarily used for
classroom instruction. A homeschool, daycare or child-care facility
shall not be considered a school as used in the Oklahoma Medical
Marijuana and Patient Protection Act;
57. “Shipping container” means a hard-sided container with a
lid or other enclosure that can be secured in place. A shipping
container is used solely for the transport of medical marijuana,
medical marijuana concentrate, or medical marijuana products between
medical marijuana businesses, a medical marijuana research facility,
or a medical marijuana education facility;
58. “Solvent-based medical marijuana concentrate” means a
medical marijuana concentrate that was produced by extracting
cannabinoids from medical marijuana through the use of a solvent
approved by the Executive Director;
59. “State Question” means Oklahoma State Question No. 788,
Initiative Petition No. 412, approved by a majority vote of the
citizens of Oklahoma on June 26, 2018;
60. “Strain” means the name given to a particular variety of
medical marijuana that is based on a combination of factors which
may include, but is not limited to, botanical lineage, appearance,
chemical profile and accompanying effects. An example of a “strain”
would be “OG Kush” or “Pineapple Express”;
61. “THC” means tetrahydrocannabinol, which is the primary
psychotropic cannabinoid in marijuana formed by decarboxylation of
naturally tetrahydrocannabinolic acid, which generally occurs by
exposure to heat;
62. “Transporter agent” means a person who transports medical
marijuana or medical marijuana products as an employee of a licensed
medical marijuana business and holds a transporter agent license
Oklahoma Statutes - Title 63. Public Health and Safety Page 1123
specific to that business pursuant to the Oklahoma Medical Marijuana
and Patient Protection Act;
63. “Universal symbol” means the image established by the
Oklahoma Medical Marijuana Authority and made available to licensees
through its website indicating that the medical marijuana or the
medical marijuana product contains THC;
64. “Usable marijuana” means the dried leaves, flowers, oils,
vapors, waxes and other portions of the marijuana plant and any
mixture or preparation thereof, excluding seeds, roots, stems,
stalks and fan leaves; and
65. “Water-based medical marijuana concentrate” means a
concentrate that was produced by extracting cannabinoids from
medical marijuana through the use of only water, ice or dry ice.
Added by Laws 2019, c. 11, § 2. Amended by Laws 2019, c. 312, § 3,
emerg. eff. May 7, 2019; Laws 2019, c. 390, § 1, emerg. eff. May 15,
2019; Laws 2020, c. 161, § 48, emerg. eff. May 21, 2020; Laws 2021,
c. 553, § 8, eff. Nov. 1, 2021; Laws 2022, c. 251, § 7, eff. Nov. 1,
2022; Laws 2024, c. 182, § 16, emerg. eff. April 26, 2024.
NOTE: Laws 2019, c. 337, § 5 repealed by Laws 2020, c. 161, § 49,
emerg. eff. May 21, 2020.
§63-427.2v2. Definitions.
As used in the Oklahoma Medical Marijuana and Patient Protection
Act:
1. “Advertising” means the act of providing consideration for
the publication, dissemination, solicitation or circulation, of
visual, oral or written communication to induce directly or
indirectly any person to patronize a particular medical marijuana
business, or to purchase particular medical marijuana or a medical
marijuana product. Advertising includes marketing, but does not
include packaging and labeling;
2. “Authority” means the Oklahoma Medical Marijuana Authority;
3. “Batch number” means a unique numeric or alphanumeric
identifier assigned prior to testing to allow for inventory tracking
and traceability;
4. “Cannabinoid” means any of the chemical compounds that are
active principles of marijuana;
5. “Caregiver” means a family member or assistant who regularly
looks after a medical marijuana license holder whom a physician
attests needs assistance;
6. “Child-resistant” means special packaging that is:
a. designed or constructed to be significantly difficult
for children under five (5) years of age to open and
not difficult for normal adults to use properly as
defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.
1700.20 (1995),
Oklahoma Statutes - Title 63. Public Health and Safety Page 1124
b. opaque so that the outermost packaging does not allow
the product to be seen without opening the packaging
material, and
c. resealable to maintain its child-resistant
effectiveness for multiple openings for any product
intended for more than a single use or containing
multiple servings;
7. “Clone” means a nonflowering plant cut from a mother plant
that is capable of developing into a new plant and has shown no
signs of flowering;
8. “Commissioner” means the State Commissioner of Health;
9. “Complete application” means a document prepared in
accordance with the provisions set forth in the Oklahoma Medical
Marijuana and Patient Protection Act, rules promulgated pursuant
thereto, and the forms and instructions provided by the Department
including any supporting documentation required and the applicable
license application fee;
10. “Department” means the State Department of Health;
11. “Director” means the Executive Director of the Oklahoma
Medical Marijuana Authority;
12. “Dispense” means the selling of medical marijuana or a
medical marijuana product to a qualified patient or the designated
caregiver of the patient that is packaged in a suitable container
appropriately labeled for subsequent administration to or use by a
qualifying patient;
13. “Dispensary” means a medical marijuana dispensary, an
entity that has been licensed by the Department pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act to purchase
medical marijuana or medical marijuana products from a licensed
medical marijuana commercial grower or medical marijuana processor,
sell medical marijuana or medical marijuana products to patients and
caregivers as defined under the Oklahoma Medical Marijuana and
Patient Protection Act, or sell or transfer products to another
dispensary;
14. “Edible medical marijuana product” means any medical-
marijuana-infused product for which the intended use is oral
consumption including, but not limited to, any type of food, drink
or pill;
15. “Entity” means an individual, general partnership, limited
partnership, limited liability company, trust, estate, association,
corporation, cooperative or any other legal or commercial entity;
16. “Final harvest batch” means a specifically identified
quantity of medical marijuana that is uniform in strain, cultivated
utilizing the same cultivation practices, harvested at the same time
from the same location, and cured under uniform conditions completed
and ready for consumption prior to transfer to a licensed medical
marijuana dispensary;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1125
17. “Final product” means the finished product that is
available for transport to licensed medical marijuana dispensaries
and ready for consumption by licensed medical marijuana patients;
18. “Final production batch” means:
a. any amount of medical marijuana finished product of
the same category and produced using the same
extraction methods, standard operating procedures,
meeting all applicable law, rules, and regulations
required by the Oklahoma Medical Marijuana and Patient
Protection Act prior to transfer to a licensed medical
marijuana dispensary, licensed medical marijuana
patient, or licensed medical marijuana caregiver, or
b. any amount of medical marijuana finished product of
the same exact type, produced using the same
ingredients, standard operating procedures, and the
same production batch of medical marijuana
concentrate;
19. “Flower” means the reproductive organs of the marijuana or
cannabis plant referred to as the bud or parts of the plant that are
harvested and used to consume in a variety of medical marijuana
products;
20. “Flowering” means the reproductive state of the marijuana
or cannabis plant in which there are physical signs of flower or
budding out of the nodes of the stem;
21. “Food-based medical marijuana concentrate” means a medical
marijuana concentrate that was produced by extracting cannabinoids
from medical marijuana through the use of propylene glycol,
glycerin, butter, olive oil, coconut oil or other typical food-safe
cooking fats;
22. “Good cause” for purposes of an initial, renewal or
reinstatement license application, or for purposes of discipline of
a licensee, means:
a. the licensee or applicant has violated, does not meet,
or has failed to comply with any of the terms,
conditions or provisions of the act, any rules
promulgated pursuant thereto, or any supplemental
relevant state or local law, rule or regulation,
b. the licensee or applicant has failed to comply with
any special terms or conditions that were placed upon
the license pursuant to an order of the State
Department of Health, Oklahoma Medical Marijuana
Authority or the municipality, or
c. the licensed premises of a medical marijuana business
or applicant have been operated in a manner that
adversely affects the public health or welfare or the
safety of the immediate vicinity in which the
establishment is located;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1126
23. “Harvest batch” means a specifically identified quantity of
medical marijuana that is uniform in strain, cultivated utilizing
the same cultivation practices, harvested at the same time from the
same location and cured under uniform conditions;
24. “Harvested marijuana” means post-flowering medical
marijuana not including trim, concentrate or waste;
25. “Heat- or pressure-based medical marijuana concentrate”
means a medical marijuana concentrate that was produced by
extracting cannabinoids from medical marijuana through the use of
heat or pressure;
26. “Immature plant” means a nonflowering marijuana plant that
has not demonstrated signs of flowering;
27. “Inventory tracking system” means the required tracking
system that accounts for medical marijuana from either the seed or
immature plant stage until the medical marijuana or medical
marijuana product is sold to a patient at a medical marijuana
dispensary, transferred to a medical marijuana research facility,
destroyed by a medical marijuana business or used in a research
project by a medical marijuana research facility;
28. “Licensed patient” or “patient” means a person who has been
issued a medical marijuana patient license by the State Department
of Health or Oklahoma Medical Marijuana Authority;
29. “Licensed premises” means the premises specified in an
application for a medical marijuana business license, medical
marijuana research facility license or medical marijuana education
facility license pursuant to the Oklahoma Medical Marijuana and
Patient Protection Act that are owned or in possession of the
licensee and within which the licensee is authorized to cultivate,
manufacture, distribute, sell, store, transport, test or research
medical marijuana or medical marijuana products in accordance with
the provisions of the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto;
30. “Manufacture” means the production, propagation,
compounding or processing of a medical marijuana product, excluding
marijuana plants, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis, or by a combination of extraction and
chemical synthesis;
31. “Marijuana” shall have the same meaning as such term is
defined in Section 2-101 of this title and shall not include any
plant or material containing delta-8 or delta-10
tetrahydrocannabinol which is grown, processed or sold pursuant to
the provisions of the Oklahoma Industrial Hemp Program;
32. “Material change” means any change that would require a
substantive revision to the standard operating procedures of a
licensee for the cultivation or production of medical marijuana,
medical marijuana concentrate or medical marijuana products;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1127
33. “Mature plant” means a harvestable female marijuana plant
that is flowering;
34. “Medical marijuana business (MMB)” means a licensed medical
marijuana dispensary, medical marijuana processor, medical marijuana
commercial grower, medical marijuana laboratory, medical marijuana
business operator or a medical marijuana transporter;
35. “Medical marijuana concentrate” or “concentrate” means a
specific subset of medical marijuana that was produced by extracting
cannabinoids from medical marijuana. Categories of medical
marijuana concentrate include water-based medical marijuana
concentrate, food-based medical marijuana concentrate, solvent-based
medical marijuana concentrate, and heat- or pressure-based medical
marijuana concentrate;
36. “Medical marijuana commercial grower” or “commercial
grower” means an entity licensed to cultivate, prepare and package
medical marijuana and transfer or contract for transfer medical
marijuana to a medical marijuana dispensary, medical marijuana
processor, any other medical marijuana commercial grower, medical
marijuana research facility, medical marijuana education facility
and pesticide manufacturers. A commercial grower may sell seeds,
flower or clones to commercial growers pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act;
37. “Medical marijuana education facility” or “education
facility” means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act to operate a facility
providing training and education to individuals involving the
cultivation, growing, harvesting, curing, preparing, packaging or
testing of medical marijuana, or the production, manufacture,
extraction, processing, packaging or creation of medical-marijuana-
infused products or medical marijuana products as described in the
Oklahoma Medical Marijuana and Patient Protection Act;
38. “Medical-marijuana-infused product” means a product infused
with medical marijuana including, but not limited to, edible
products, ointments and tinctures;
39. “Medical marijuana product” or “product” means a product
that contains cannabinoids that have been extracted from plant
material or the resin therefrom by physical or chemical means and is
intended for administration to a qualified patient including, but
not limited to, oils, tinctures, edibles, pills, topical forms,
gels, creams, vapors, patches, liquids and forms administered by a
nebulizer, excluding live plant forms which are considered medical
marijuana;
40. “Medical marijuana processor” means a person or entity
licensed pursuant to the Oklahoma Medical Marijuana and Patient
Protection Act to operate a business including the production,
manufacture, extraction, processing, packaging or creation of
concentrate, medical-marijuana-infused products or medical marijuana
Oklahoma Statutes - Title 63. Public Health and Safety Page 1128
products as described in the Oklahoma Medical Marijuana and Patient
Protection Act;
41. “Medical marijuana research facility” or “research
facility” means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act to conduct medical
marijuana research. A medical marijuana research facility is not a
medical marijuana business;
42. “Medical marijuana testing laboratory” or “laboratory”
means a public or private laboratory licensed pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act, to conduct
testing and research on medical marijuana and medical marijuana
products;
43. “Medical marijuana transporter” or “transporter” means a
person or entity that is licensed pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act. A medical marijuana
transporter does not include a medical marijuana business that
transports its own medical marijuana, medical marijuana concentrate
or medical marijuana products to a property or facility adjacent to
or connected to the licensed premises if the property is another
licensed premises of the same medical marijuana business;
44. “Medical marijuana waste” or “waste” means unused, surplus,
returned or out-of-date marijuana, plant debris of the plant of the
genus Cannabis including dead plants and all unused plant parts and
roots, except the term shall not include roots, stems, stalks and
fan leaves;
45. “Medical use” means the acquisition, possession, use,
delivery, transfer or transportation of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medical marijuana to treat a
licensed patient;
46. “Mother plant” means a marijuana plant that is grown or
maintained for the purpose of generating clones, and that will not
be used to produce plant material for sale to a medical marijuana
processor or medical marijuana dispensary;
47. “Oklahoma physician” or “physician” means a physician
licensed by and in good standing with the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners
or the Board of Podiatric Medical Examiners;
48. “Oklahoma resident” means an individual who can provide
proof of residency as required by the Oklahoma Medical Marijuana and
Patient Protection Act;
49. “Owner” means, except where the context otherwise requires,
a direct beneficial owner including, but not limited to, all persons
or entities as follows:
a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a general partnership,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1129
c. all general partners and all limited partners that own
an interest in a limited partnership,
d. all members that own an interest in a limited
liability company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f. all persons or entities that own interest in a joint
venture,
g. all persons or entities that own an interest in an
association,
h. the owners of any other type of legal entity, and
i. any other person holding an interest or convertible
note in any entity which owns, operates or manages a
licensed facility;
50. “Package” or “packaging” means any container or wrapper
that may be used by a medical marijuana business to enclose or
contain medical marijuana;
51. “Person” means a natural person, partnership, association,
business trust, company, corporation, estate, limited liability
company, trust or any other legal entity or organization, or a
manager, agent, owner, director, servant, officer or employee
thereof, except that person does not include any governmental
organization;
52. “Pesticide” means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any
pest or any substance or mixture of substances intended for use as a
plant regulator, defoliant or desiccant, except that the term
pesticide shall not include any article that is a “new animal drug”
as designated by the United States Food and Drug Administration;
53. “Production batch” means:
a. any amount of medical marijuana concentrate of the
same category and produced using the same extraction
methods, standard operating procedures and an
identical group of harvest batch of medical marijuana,
or
b. any amount of medical marijuana product of the same
exact type, produced using the same ingredients,
standard operating procedures and the same production
batch of medical marijuana concentrate;
54. “Public institution” means any entity established or
controlled by the federal government, state government, or a local
government or municipality including, but not limited to,
institutions of higher education or related research institutions;
55. “Public money” means any funds or money obtained by the
holder from any governmental entity including, but not limited to,
research grants;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1130
56. “Recommendation” means a document that is signed or
electronically submitted by a physician on behalf of a patient for
the use of medical marijuana pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act;
57. “Registered to conduct business” means a person that has
provided proof that the business applicant is in good standing with
the Secretary of State and Oklahoma Tax Commission;
58. “Remediation” means the process by which the medical
marijuana flower or trim, which has failed testing, is processed
into solvent-based medical marijuana concentrate and the final
product is tested as required by the Oklahoma Medical Marijuana and
Patient Protection Act;
59. “Research project” means a discrete scientific endeavor to
answer a research question or a set of research questions related to
medical marijuana and is required for a medical marijuana research
license. A research project shall include a description of a
defined protocol, clearly articulated goals, defined methods and
outputs, and a defined start and end date. The description shall
demonstrate that the research project will comply with all
requirements in the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto. All research
and development conducted by a medical marijuana research facility
shall be conducted in furtherance of an approved research project;
60. “Revocation” means the final decision by the Department
that any license issued pursuant to the Oklahoma Medical Marijuana
and Patient Protection Act is rescinded because the individual or
entity does not comply with the applicable requirements set forth in
the Oklahoma Medical Marijuana and Patient Protection Act or rules
promulgated pursuant thereto;
61. “School” means a public or private preschool, a public or
private elementary or secondary school, or a technology center
school which is primarily used for classroom instruction. A
homeschool, daycare or child-care facility shall not be considered a
“school” as used in the Oklahoma Medical Marijuana and Patient
Protection Act;
62. “Shipping container” means a hard-sided container with a
lid or other enclosure that can be secured in place. A shipping
container is used solely for the transport of medical marijuana,
medical marijuana concentrate, or medical marijuana products between
medical marijuana businesses, a medical marijuana research facility,
or a medical marijuana education facility;
63. “Solvent-based medical marijuana concentrate” means a
medical marijuana concentrate that was produced by extracting
cannabinoids from medical marijuana through the use of a solvent
approved by the Department;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1131
64. “State Question” means Oklahoma State Question No. 788,
Initiative Petition No. 412, approved by a majority vote of the
citizens of Oklahoma on June 26, 2018;
65. “Strain” means the classification of marijuana or cannabis
plants in either pure sativa, indica, afghanica, ruderalis or hybrid
varieties;
66. “THC” means tetrahydrocannabinol, which is the primary
psychotropic cannabinoid in marijuana formed by decarboxylation of
naturally tetrahydrocannabinolic acid, which generally occurs by
exposure to heat;
67. “Test batch” means with regard to usable marijuana, a
homogenous, identified quantity of usable marijuana by strain, no
greater than ten (10) pounds, that is harvested during a seven-day
period from a specified cultivation area, and with regard to oils,
vapors and waxes derived from usable marijuana, means an identified
quantity that is uniform, that is intended to meet specifications
for identity, strength and composition, and that is manufactured,
packaged and labeled during a specified time period according to a
single manufacturing, packaging and labeling protocol;
68. “Transporter agent” means a person who transports medical
marijuana or medical marijuana products for a licensed transporter
and holds a transporter agent license pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act;
69. “Universal symbol” means the image established by the State
Department of Health or Oklahoma Medical Marijuana Authority and
made available to licensees through its website indicating that the
medical marijuana or the medical marijuana product contains THC;
70. “Usable marijuana” means the dried leaves, flowers, oils,
vapors, waxes and other portions of the marijuana plant and any
mixture or preparation thereof, excluding seeds, roots, stems,
stalks and fan leaves; and
71. “Water-based medical marijuana concentrate” means a
concentrate that was produced by extracting cannabinoids from
medical marijuana through the use of only water, ice or dry ice.
Added by Laws 2019, c. 11, § 2. Amended by Laws 2019, c. 312, § 3,
emerg. eff. May 7, 2019; Laws 2019, c. 390, § 1, emerg. eff. May 15,
2019; Laws 2020, c. 161, § 48, emerg. eff. May 21, 2020; Laws 2021,
c. 584, § 4, emerg. eff. May 28, 2021; Laws 2022, c. 317, § 1,
emerg. eff. May 20, 2022; Laws 2024, c. 447, § 3, emerg. eff. June
14, 2024.
NOTE: Laws 2019, c. 337, § 5 repealed by Laws 2020, c. 161, § 49,
emerg. eff. May 21, 2020.
NOTE: Laws 2022, c. 317, § 1 was purportedly repealed by Laws 2024,
c. 182, § 18 but without reference to Laws 2024, c. 447, § 3, which
amended it.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1132
§63-427.3. Oklahoma Medical Marijuana Authority – Creation -
Duties.
A. There is hereby created the Oklahoma Medical Marijuana
Authority which shall address issues related to the medical
marijuana program in this state including, but not limited to, the
issuance of patient licenses and medical marijuana business
licenses, and the dispensing, cultivating, processing, testing,
transporting, storage, research, and the use of and sale of medical
marijuana pursuant to the Oklahoma Medical Marijuana and Patient
Protection Act.
B. 1. Beginning on the effective date of this act, the
Authority shall cease to be part of or a division of the State
Department of Health and shall be deemed to be a separate and
distinct agency, to be known as the Oklahoma Medical Marijuana
Authority. The Authority and the Executive Director of the
Authority shall continue to exercise their statutory powers, duties,
and contractual responsibilities. All records, property, equipment,
assets, monies, financial interests, liabilities, matters pending,
and funds of the division shall be transferred to the Authority.
2. All licenses granted by the Department pertaining to medical
marijuana shall maintain rights and privileges under the authority
of the Authority; provided, however, that all licenses shall be
subject to revocation, suspension, or disciplinary action for
violation of any of the provisions of the Oklahoma Medical Marijuana
and Patient Protection Act and rules promulgated by the Executive
Director.
3. The Authority shall succeed to any contractual rights or
responsibilities incurred by the Department pertaining to medical
marijuana.
4. Rules promulgated by the State Commissioner of Health
pertaining to medical marijuana that are in effect on the effective
date of this act shall be immediately adopted and enforced by the
Executive Director. The Executive Director maintains the authority
to further promulgate and enforce rules.
5. The Department and the Authority may enter into an agreement
for the transfer of personnel from the Department to the Authority.
No employee shall be transferred to the Authority except on the
freely given written consent of the employee. All employees who are
transferred to the Authority shall not be required to accept a
lesser grade or salary than presently received. All employees shall
retain leave, sick, and annual time earned, and any retirement and
longevity benefits which have accrued during their tenure with the
Department. The transfer of personnel between the state agencies
shall be coordinated with the Office of Management and Enterprise
Services.
6. The expenses incurred by the Authority as a result of the
transfer required by this subsection shall be paid by the Authority.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1133
7. The division within the Department known as the Oklahoma
Medical Marijuana Authority shall be abolished by the Department
after the transfer has been completed.
8. The Office of Management and Enterprise Services shall
coordinate the transfer of records, property, equipment, assets,
funds, allotments, purchase orders, liabilities, outstanding
financial obligations, or encumbrances provided for in this
subsection.
C. The Authority shall implement the provisions of the Oklahoma
Medical Marijuana and Patient Protection Act consistently with the
voter-approved State Question No. 788, Initiative Petition No. 412,
subject to the provisions of the Oklahoma Medical Marijuana and
Patient Protection Act.
D. The Authority shall exercise its respective powers and
perform its respective duties and functions as specified in the
Oklahoma Medical Marijuana and Patient Protection Act and this title
including, but not limited to, the following:
1. Determine steps the state shall take, whether administrative
or legislative in nature, to ensure that research on marijuana and
marijuana products is being conducted for public purposes including
the advancement of:
a. public health policy and public safety policy,
b. agronomic and horticultural best practices, and
c. medical and pharmacopoeia best practices;
2. Contract with third-party vendors and other governmental
entities in order to carry out the respective duties and functions
as specified in the Oklahoma Medical Marijuana and Patient
Protection Act;
3. Upon complaint or upon its own motion and upon a completed
investigation, levy fines as prescribed in applicable laws, rules
and regulations and suspend, revoke or not renew licenses pursuant
to applicable laws, rules and regulations;
4. Issue subpoenas for the appearance or production of persons,
records and things in connection with disciplinary or contested
cases considered by the Authority;
5. Apply for injunctive or declaratory relief to enforce the
provisions of applicable laws, rules and regulations;
6. Inspect and examine all licensed premises of medical
marijuana businesses, research facilities, education facilities and
waste disposal facilities in which medical marijuana is cultivated,
manufactured, sold, stored, transported, tested, distributed or
disposed of;
7. Upon action by the federal government by which the
production, sale, and use of marijuana in this state does not
violate federal law, work with the Banking Department and the State
Treasurer to develop good practices and standards for banking and
finance for medical marijuana businesses;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1134
8. Establish internal control procedures for licenses including
accounting procedures, reporting procedures, and personnel policies;
9. Establish a fee schedule and collect fees for performing
background checks as the Executive Director deems appropriate. The
fees charged pursuant to this paragraph shall not exceed the actual
cost incurred for each background check;
10. Establish a fee schedule and collect fees for material
changes requested by the licensee;
11. Establish regulations, which require a medical marijuana
business to submit information to the Authority, deemed reasonably
necessary to assist the Authority in the prevention of diversion of
medical marijuana by a licensed medical marijuana business. Such
information required by the Authority may include, but shall not be
limited to:
a. the square footage of the licensed premises,
b. a diagram of the licensed premises,
c. the number and type of lights at the licensed medical
marijuana commercial grower business,
d. the number, type, and production capacity of equipment
located at the medical marijuana processing facility,
e. the names, addresses, and telephone numbers of
employees or agents of a medical marijuana business,
f. employment manuals and standard operating procedures
for the medical marijuana business, and
g. any other information as the Authority reasonably
deems necessary;
12. Declare and establish a moratorium on processing and
issuing new medical marijuana business licenses pursuant to Section
427.14 of this title for an amount of time the Authority deems
necessary;
13. Enter into and negotiate the terms of a Memorandum of
Understanding between the Authority and other state agencies
concerning the enforcement of laws regulating medical marijuana in
this state. The Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Oklahoma State Bureau of Investigation, and the
Oklahoma Attorney General shall have full authority to investigate
and enforce any violations of the laws regarding medical marijuana
including medical marijuana business licenses held by commercial
growers, processors, transporters, researchers, education
facilities, and waste disposal facilities;
14. Purchase and maintain motor vehicles for use by the
employees of the Authority; and
15. Enter into contracts and agreements for the payment of
food, lodging, and other authorized expenses as may be necessary to
host, conduct, sponsor, or participate in conferences, meetings, or
training sessions. The Authority may establish accounts as
necessary for the collection and distribution of funds, including
Oklahoma Statutes - Title 63. Public Health and Safety Page 1135
funds of sponsors and registration fees, related to such
conferences, meetings, and training sessions. Any expenses incurred
may be paid directly to the contracting agency or business
establishment.
Added by Laws 2019, c. 11, § 3. Amended by Laws 2019, c. 477, § 6;
Laws 2021, c. 553, § 9, eff. Nov. 1, 2021; Laws 2022, c. 251, § 8,
eff. Nov. 1, 2022; Laws 2024, c. 182, § 19, emerg. eff. April 26,
2024; Laws 2024, c. 452, § 137, emerg. eff. June 14, 2024.
NOTE: Laws 2021, c. 584, § 5 repealed by Laws 2022, c. 228, § 31,
emerg. eff. May 5, 2022.
§63-427.3a. County Sheriff Public Safety Grant Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Medical Marijuana Authority to be designated the
"County Sheriff Public Safety Grant 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 Medical
Marijuana Authority that are appropriated or apportioned to this
fund, and any federal funds, grants, and donations from any public
or private source for the purpose of supporting county sheriffs.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Medical Marijuana Authority for the purpose of establishing programs
and providing funding to support county sheriffs to enforce the
requirements of state law with respect to the commercial growth of
medical marijuana or other related business activity for which a
license is required pursuant to the provisions of law governing the
production, cultivation, transportation, distribution, sale, or
other actions related to medical marijuana. 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 2022, c. 236, § 1, eff. July 1, 2022.
§63-427.3b. Petty cash fund.
There is hereby created a petty cash fund for the Oklahoma
Medical Marijuana Authority. The fund shall be used by the
Authority to supply its agents with money for undercover operations,
to perform statutory requirements, and to obtain evidence for case
presentations. The amount of the petty cash fund shall be
determined by the Director of the Office of Management and
Enterprise Services and the Executive Director of the Oklahoma
Medical Marijuana Authority. The Director of the Office of
Management and Enterprise Services shall be authorized to prescribe
forms, systems, and procedures for the administration of the petty
cash fund.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1136
Added by Laws 2023, c. 322, § 5, emerg. eff. June 1, 2023.
§63-427.4. Oklahoma Medical Marijuana Authority – Executive
Director.
A. The Oklahoma Medical Marijuana Authority shall employ an
Executive Director and other personnel as necessary to assist the
Authority in carrying out its duties. The Executive Director shall
be appointed by the Governor, with the advice and consent of the
Senate. The Executive Director shall serve at the pleasure of the
Governor and may be removed or replaced without cause. Compensation
for the Executive Director shall be determined pursuant to Section
3601.2 of Title 74 of the Oklahoma Statutes.
B. The Authority shall not employ an individual if any of the
following circumstances exist:
1. The individual has a direct or indirect interest in a
licensed medical marijuana business; or
2. The individual or his or her spouse, parent, child, spouse
of a child, sibling, or spouse of a sibling has an application for a
medical marijuana business license pending before the Authority or
is a member of the board of directors of a medical marijuana
business, or is an individual financially interested in any licensee
or medical marijuana business.
C. All officers and employees of the Authority shall be in the
exempt unclassified service.
D. The Executive Director may delegate to any officer or
employee of the Authority any of the powers of the Executive
Director and may designate any officer or employee of the Authority
to perform any of the duties of the Executive Director.
E. The Executive Director may promulgate rules governing the
oversight and implementation of the Oklahoma Medical Marijuana and
Patient Protection Act.
F. The Authority is hereby authorized to create employment
positions necessary for the implementation of its obligations
pursuant to the Oklahoma Medical Marijuana and Patient Protection
Act including, but not limited to, investigators of the Authority
and a director of enforcement. The Authority, the director of
enforcement, the Executive Director, investigators of the Authority,
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
the Oklahoma State Bureau of Investigation, and the Attorney General
shall have all the powers and authority of a peace officer of this
state for the purpose of enforcing the provisions of the Oklahoma
Medical Marijuana and Patient Protection Act and other laws
pertaining to medical marijuana, rules promulgated by the Executive
Director, or criminal laws of this state. These powers shall
include but not be limited to:
1. Investigating violations or suspected violations of the
Oklahoma Medical Marijuana and Patient Protection Act or other laws
Oklahoma Statutes - Title 63. Public Health and Safety Page 1137
pertaining to medical marijuana, any rules promulgated pursuant
thereto, and any violations of criminal laws of this state
discovered through the course of such investigations;
2. Serving and executing all warrants, summonses, subpoenas,
administrative citations, notices or other processes relating to the
enforcement of laws regulating marijuana, concentrate, and marijuana
product;
3. Seizing, destroying, confiscating, embargoing, or placing an
administrative hold on any marijuana or marijuana product not
properly logged in the inventory tracking system or untraceable
product required to be in the system, altered or improperly
packaged, or illegally held in violation of the Oklahoma Medical
Marijuana and Patient Protection Act, any other laws of this state,
or any rules promulgated by the Executive Director;
4. Assisting or aiding any law enforcement officer in the
performance of his or her duties upon such law enforcement officer’s
request or the request of other local officials having jurisdiction;
5. Referring any evidence, reports, or charges regarding
violations of any provision of the Oklahoma Medical Marijuana and
Patient Protection Act that carries criminal penalty, or of any
other criminal laws of this state, to the appropriate law
enforcement authority and prosecutorial authority for action;
6. Aiding the enforcement authorities of this state or any
county or municipality of the state, or the federal government, in
prosecutions of violations of the Oklahoma Medical Marijuana and
Patient Protection Act or any other laws of this state that carry
criminal penalty involving crimes discovered during the
investigation of violations or suspected violations of the Oklahoma
Medical Marijuana and Patient Protection Act or other laws
pertaining to medical marijuana or any rules promulgated pursuant
thereto;
7. As provided in Section 427.6 of this title, requiring any
business applicant or licensee to permit an inspection of licensed
premises during business hours or at any time of apparent operation,
marijuana equipment, and marijuana accessories, or books and
records; and to permit the testing of or examination of medical
marijuana, concentrate, or product;
8. Requiring applicants and licensees to submit complete and
current applications, information and fees required by the Oklahoma
Medical Marijuana and Patient Protection Act, the Oklahoma Medical
Marijuana Waste Management Act and Sections 420 through 426.1 of
this title, and approve material changes made by the applicant or
licensee;
9. Requiring medical marijuana business licensees to submit a
sample or unit of medical marijuana or medical marijuana product to
the quality assurance laboratory when the Authority has reason to
believe the medical marijuana or medical marijuana product may be
Oklahoma Statutes - Title 63. Public Health and Safety Page 1138
unsafe for patient consumption or inhalation or has not been tested
in accordance with the provisions of the Oklahoma Medical Marijuana
and Patient Protection Act and the rules and regulations promulgated
by the Executive Director. The licensee shall provide the samples
or units of medical marijuana or medical marijuana products at its
own expense but shall not be responsible for the costs of testing;
and
10. Requiring medical marijuana business licensees to
periodically submit samples or units of medical marijuana or medical
marijuana products to the quality assurance laboratory for quality
assurance purposes. Licensed growers, processors, dispensaries and
transporters shall not be required to submit samples or units of
medical marijuana or medical marijuana products more than twice a
year. The licensee shall provide the samples or units of medical
marijuana or medical marijuana products at its own expense but shall
not be responsible for the costs of testing.
G. All investigators of the Authority shall meet all training
requirements and qualifications for peace officers as required by
Section 3311 et seq. of Title 70 of the Oklahoma Statutes.
H. During the course of an investigation, the Authority, as
provided by subsection F of this section, may arrest a violator or
suspected violator of any laws of this state committed in the
presence of the Authority or upon the development of probable cause
that such crime has been committed. The Authority as provided by
subsection F of this section may, upon request of a sheriff or
another peace officer of this state, or any political subdivision
thereof, assist in the apprehension and arrest of a violator or
suspected violator of any of the laws of this state.
I. The Executive Director may employ or contract with
attorneys, as needed, to advise the Authority on all legal matters
and to appear for and represent the Executive Director and the
Authority in all administrative hearings and all litigation or other
proceedings which may arise in the discharge of their duties. At
the request of the Executive Director, such attorneys shall assist
district attorneys in prosecuting charges of violators of the
Oklahoma Medical Marijuana and Patient Protection Act or any other
laws of this state that carry criminal penalty involving crimes
discovered during the investigation of violations or suspected
violations of the Oklahoma Medical Marijuana and Patient Protection
Act or other laws pertaining to medical marijuana or any rules
promulgated pursuant thereto.
Added by Laws 2019, c. 11, § 4. Amended by Laws 2021, c. 553, § 10,
eff. Nov. 1, 2021; Laws 2022, c. 251, § 9, eff. Nov. 1, 2022; Laws
2023, c. 168, § 3, eff. Nov. 1, 2023; Laws 2023, c. 322, § 6, emerg.
eff. June 1, 2023; Laws 2024, c. 452, § 138, emerg. eff. June 14,
2024.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1139
NOTE: Laws 2021, c. 584, § 6 repealed by Laws 2022, c. 228, § 33,
emerg. eff. May 5, 2022.
§63-427.5. Oklahoma Medical Marijuana Authority Fund.
There is hereby created in the State Treasury a fund for the
Oklahoma Medical Marijuana Authority to be designated the “Oklahoma
Medical Marijuana Authority Fund”. The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Authority from fees and fines collected
pursuant to the Oklahoma Medical Marijuana and Patient Protection
Act. All monies accruing to the credit of the fund shall be
appropriated at the discretion of the Legislature for the purpose of
funding the Oklahoma Medical Marijuana Authority.
Added by Laws 2019, c. 11, § 5. Amended by Laws 2023, 1st Ex.
Sess., c. 34, § 2, eff. July 1, 2023.
§63-427.5a. Medical Marijuana Tax Fund.
There is hereby created in the State Treasury a fund for the
Oklahoma Medical Marijuana Authority to be designated the “Medical
Marijuana Tax Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received by the Authority from tax proceeds collected pursuant to
Section 426 of Title 63 of the Oklahoma Statutes. All monies
accruing to the credit of the fund shall be appropriated at the
discretion of the Legislature for the purpose of funding substance
abuse programs and common education including but not limited to
funding redbud school grants pursuant to Section 3-104 of Title 70
of the Oklahoma Statutes.
Added by Laws 2023, 1st Ex. Sess., c. 34, § 3, eff. July 1, 2023.
§63-427.6. Monitoring and disciplinary actions – Inspections and
investigations – Penalties – Unauthorized diversion of products –
Notice of violations – Emergency powers.
A. The Oklahoma Medical Marijuana Authority shall address
issues related to the medical marijuana program in this state
including, but not limited to, monitoring and disciplinary actions
as they relate to the medical marijuana program.
B. 1. The Authority, its designee, or the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State
Bureau of Investigation, and the Attorney General may perform on-
site inspections or investigations of a licensee or applicant for
any medical marijuana business license, research facility, education
facility or waste disposal facility to determine compliance with
applicable laws, rules and regulations or submissions made pursuant
to this section. The Authority, its designee, or the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State
Bureau of Investigation, and the Attorney General may enter the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1140
licensed premises of a medical marijuana business, research
facility, education facility or waste disposal facility licensee or
applicant to assess or monitor compliance or ensure qualifications
for licensure.
2. Except as otherwise provided by law, post-licensure
inspections shall be limited to twice per calendar year. However,
investigations and additional inspections may occur when the
Authority believes an investigation or additional inspection is
necessary due to a possible violation or noncompliance of applicable
laws, rules or regulations. The Executive Director of the Authority
may adopt rules imposing penalties including, but not limited to,
monetary fines and suspension or revocation of licensure for failure
to allow the Authority reasonable access to the licensed premises
for purposes of conducting an inspection.
3. The Authority, its designee, or the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of
Investigation, and the Attorney General may review relevant records
of a licensed medical marijuana business, licensed medical marijuana
research facility, licensed medical marijuana education facility or
licensed medical marijuana waste disposal facility, and may require
and conduct interviews with such persons or entities and persons
affiliated with such entities, for the purpose of determining
compliance with requirements of the Executive Director and
applicable laws, rules and regulations.
4. The Authority may refer complaints alleging criminal
activity that are made against a licensee to appropriate state or
local law enforcement authorities including, but not limited to, the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the
Oklahoma State Bureau of Investigation, and the Attorney General.
C. Disciplinary action may be taken against an applicant or
licensee for not adhering to applicable laws pursuant to the terms,
conditions and guidelines set forth in the Oklahoma Medical
Marijuana and Patient Protection Act.
D. Disciplinary actions may include revocation, suspension or
denial of an application, license or final authorization and other
action deemed appropriate by the Executive Director of the
Authority.
E. Disciplinary actions may be imposed upon a medical marijuana
business licensee for:
1. Failure to comply with or satisfy any provision of
applicable laws, rules or regulations;
2. Falsification or misrepresentation of any material or
information submitted to the Authority or other licensees;
3. Failing to allow or impeding entry by authorized
representatives of the Authority;
4. Failure to adhere to any acknowledgement, verification or
other representation made to the Authority;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1141
5. Failure to submit or disclose information required by
applicable laws, rules or regulations or otherwise requested by the
Authority;
6. Failure to correct any violation of this section cited as a
result of a review or audit of financial records or other materials;
7. Failure to comply with requested access by the Authority to
the licensed premises or materials;
8. Failure to pay a required monetary penalty;
9. Diversion of medical marijuana or any medical marijuana
product, as determined by the Authority;
10. Threatening or harming a medical marijuana patient
licensee, caregiver licensee, a medical practitioner or an employee
of the Authority; and
11. Any other basis indicating a violation of the applicable
laws and regulations as identified by the Authority.
F. Disciplinary actions against a licensee may include the
imposition of monetary penalties, which may be assessed by the
Authority. The Authority may suspend or revoke a license for
failure to pay any monetary penalty lawfully assessed by the
Authority against a licensee.
G. 1. In addition to any other penalties prescribed by law,
penalties for sales, purchases or transfers for value of medical
marijuana by a medical marijuana business or employees or agents of
the medical marijuana business to persons other than those allowed
by law occurring within any one-year time period may include an
initial fine of Five Thousand Dollars ($5,000.00) for a first
violation and a fine of Fifteen Thousand Dollars ($15,000.00) for
any subsequent violation.
2. Penalties for grossly inaccurate or fraudulent reporting
occurring within any two-year time period may include an initial
administrative fine of Five Thousand Dollars ($5,000.00) for a first
violation and an administrative fine of Ten Thousand Dollars
($10,000.00) for any subsequent violation. The medical marijuana
business shall be subject to a revocation of any license granted
pursuant to the Oklahoma Medical Marijuana and Patient Protection
Act upon a second incident of grossly inaccurate or fraudulent
reporting in a ten-year period by the medical marijuana business or
any employee or agent thereof.
3. After investigation by the Authority, the Authority may
revoke the license of any person directly involved with the
diversion of marijuana.
4. If the Authority, after investigation, is able to establish,
by a preponderance of evidence, a pattern of diversion or negligence
leading to diversion, the Authority may revoke any business licenses
associated with the diversion and any entity with common ownership.
H. 1. In addition to any other penalties prescribed by law, a
first offense for intentional and impermissible diversion of medical
Oklahoma Statutes - Title 63. Public Health and Safety Page 1142
marijuana, medical marijuana concentrate, or medical marijuana
products for value by a patient or caregiver to an unauthorized
person shall be subject to an administrative fine of Four Hundred
Dollars ($400.00). The Authority shall have the authority to
enforce the provisions of this subsection.
2. In addition to any other penalties prescribed by law, an
additional incident resulting in a second offense for impermissible
diversion of medical marijuana, medical marijuana concentrate, or
medical marijuana products by a patient or caregiver to an
unauthorized person for value shall be subject to an administrative
fine of One Thousand Dollars ($1,000.00), and shall result in
revocation of the license or licenses of the person.
3. Any person who shares less than three (3) grams of medical
marijuana with an unauthorized person, without the transfer being
for value or other consideration, shall not be subject to criminal
prosecution but shall be subject to an administrative fine of Four
Hundred Dollars ($400.00).
I. The intentional diversion of medical marijuana, medical
marijuana concentrate or medical marijuana products by a licensed
medical marijuana patient or caregiver, medical marijuana business
or employee of a medical marijuana business to an unauthorized minor
person who the licensed medical marijuana patient or caregiver,
medical marijuana business or employee of a medical marijuana
business knew or reasonably should have known to be a minor person
shall be subject to an administrative fine of Two Thousand Five
Hundred Dollars ($2,500.00). For an additional incident resulting
in a second or subsequent offense, the licensed medical marijuana
patient or caregiver, medical marijuana business or employee of a
medical marijuana business shall be subject to a cite and release
citation and, upon a finding of guilt or a plea of no contest, a
fine of Five Thousand Dollars ($5,000.00) and automatic revocation
of the medical marijuana license.
J. In addition to any other penalties prescribed by law, it
shall be unlawful for a licensed medical marijuana commercial grower
to knowingly hire or employ undocumented immigrants to perform work
inside a medical marijuana commercial grow facility or anywhere on
the property of the medical marijuana commercial grow operation. A
licensed medical marijuana commercial grower that violates the
provisions of this subsection shall, upon conviction, be guilty of a
misdemeanor punishable by imprisonment in the county jail for a term
not exceeding one (1) year, or by a fine not exceeding Five Hundred
Dollars ($500.00), or by both such fine and imprisonment. In
addition, the license of the medical marijuana commercial grower
shall be subject to revocation and the Authority may deny future
license applications.
K. 1. Beginning September 1, 2021, the Oklahoma Medical
Marijuana Authority shall schedule on-site meetings and compliance
Oklahoma Statutes - Title 63. Public Health and Safety Page 1143
inspections of the premises with the medical marijuana dispensary
licensee at the location of the medical marijuana dispensary, the
medical marijuana commercial grower at the location of the medical
marijuana commercial grower site and the medical marijuana processor
at the location of the medical marijuana processing site. The on-
site meetings and compliance inspections shall occur within the
first one hundred eighty (180) days after issuance of the medical
marijuana dispensary license, commercial grower license or processor
license and shall be conducted for purposes of verifying whether the
medical marijuana business licensee is actively operating or is
working towards operational status.
2. If, at the time of the on-site meeting and compliance
inspection, the medical marijuana business licensee fails to provide
proof to the Authority that the medical marijuana business is
actively operating or working towards operational status, the
Authority shall grant the medical marijuana business licensee a
grace period of one hundred eighty (180) days to become operational.
Upon expiration of this grace period, the Authority shall schedule a
second on-site meeting and compliance inspection of the premises to
verify whether the medical marijuana business licensee has begun
operations at the licensed premises or is continuing to work towards
operational status.
3. If, after the second on-site meeting and compliance
inspection, the medical marijuana business licensee fails to provide
proof to the Authority that the medical marijuana business licensee
is actively operating or is continuing to work towards operational
status, the Authority shall be authorized to grant the medical
marijuana business licensee an additional grace period of one
hundred eighty (180) days to become operational.
4. Upon expiration of the second grace period, the Authority
shall terminate the medical marijuana business license if the
medical marijuana business licensee has failed to provide proof to
the Authority that the medical marijuana business is actively
conducting business operations at the licensed premises.
L. In addition to any other remedies provided for by law, the
Authority, pursuant to its rules and regulations promulgated by the
Executive Director, may issue a written order to any licensee the
Authority has reason to believe has violated Sections 420 through
426.1 of this title, the Oklahoma Medical Marijuana and Patient
Protection Act, the Oklahoma Medical Marijuana Waste Management Act,
or any rules promulgated by the Executive Director and to whom the
Authority has served, not less than thirty (30) days previously, a
written notice of violation of such statutes or rules.
1. The written order shall state with specificity the nature of
the violation. The Authority may impose any disciplinary action
authorized under the provisions of this section including, but not
limited to, the assessment of monetary penalties.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1144
2. Any order issued pursuant to the provisions of this section
shall become a final order unless, not more than thirty (30) days
after the order is served to the licensee, the licensee requests an
administrative hearing in accordance with the rules and regulations
promulgated by the Executive Director of the Authority. Upon such
request, the Authority shall promptly initiate administrative
proceedings.
M. Whenever the Executive Director of the Authority finds that
an emergency exists requiring immediate action in order to protect
the health or welfare of the public, the Executive Director of the
Authority may issue an order, without providing notice or hearing,
stating the existence of an emergency and requiring that action be
taken as the Executive Director of the Authority deems necessary to
meet the emergency. Such action may include, but is not limited to,
ordering the licensee to immediately cease and desist operations by
the licensee. The order shall be effective immediately upon
issuance. Any person to whom the order is directed shall comply
immediately with the provisions of the order. The Authority may
assess a penalty not to exceed Ten Thousand Dollars ($10,000.00) per
day of noncompliance with the order. In assessing such a penalty,
the Authority shall consider the seriousness of the violation and
any efforts to comply with applicable requirements. Upon
application to the Authority, the licensee shall be offered a
hearing within ten (10) days of the issuance of the order.
N. All hearings held pursuant to this section shall be in
accordance with the Oklahoma Administrative Procedures Act.
Added by Laws 2019, c. 11, § 6. Amended by Laws 2019, c. 477, § 7;
Laws 2021, c. 553, § 11, eff. Nov. 1, 2021; Laws 2022, c. 249, § 1,
eff. Nov. 1, 2022; Laws 2022, c. 328, § 1, eff. Nov. 1, 2022; Laws
2023, c. 168, § 4, eff. Nov. 1, 2023; Laws 2024, c. 182, § 22,
emerg. eff. April 26, 2024.
§63-427.7. Registry of patients and caregivers.
A. The Oklahoma Medical Marijuana Authority shall create a
medical marijuana use registry of patients and caregivers as
provided under this section. The handling of any records maintained
in the registry shall comply with all applicable state and federal
privacy laws.
B. The medical marijuana use registry shall be accessible to:
1. Oklahoma-licensed medical marijuana dispensaries to verify
the license of a patient or caregiver by the twelve-character
identifier and PDF417 barcode; and
2. Any court in this state.
C. All other records regarding a medical marijuana patient or
caregiver licensee shall be maintained by the Authority and shall be
deemed confidential. The handling of any records maintained by the
Authority shall comply with all applicable state and federal privacy
Oklahoma Statutes - Title 63. Public Health and Safety Page 1145
laws. Such records shall be marked as confidential, shall not be
made available to the public, and shall only be made available to
the licensee, designee of the licensee, any physician of the
licensee or the caregiver of the licensee.
D. A log shall be kept with the file of the licensee to record
any event in which the records of the licensee were made available
and to whom the records were provided.
E. The Authority shall ensure that all medical marijuana
patient and caregiver records and information are sealed to protect
the privacy of medical marijuana patient license applicants and
licensees.
F. This act shall be in force for any new or replacement
medical marijuana patient licenses issued after the effective date
of this act.
Added by Laws 2019, c. 11, § 7. Amended by Laws 2019, c. 509, § 5;
Laws 2021, c. 553, § 12, eff. Nov. 1, 2021; Laws 2025, c. 209, § 2,
eff. Nov. 1, 2025.
NOTE: Laws 2019, c. 477, § 8 repealed by Laws 2020, c. 161, § 50,
emerg. eff. May 21, 2020.
§63-427.8. Additional rights, restrictions and prohibitions related
to medical marijuana use and possession.
A. The rights to possess the marijuana products set forth in
Section 420 of Title 63 of the Oklahoma Statutes are cumulative and
a duly licensed individual may possess at any one time the totality
of the items listed therein and not be in violation of this act so
long as the individual holds a valid patient license or caregiver
license.
B. Municipal and county governing bodies may not enact medical
marijuana guidelines which restrict or interfere with the rights of
a licensed patient or caregiver to possess, purchase, cultivate or
transport medical marijuana within the legal limits set forth in
this act or Section 420 et seq. of Title 63 of the Oklahoma Statutes
or require patients or caregivers to obtain permits or licenses in
addition to the state-required licenses provided herein.
C. Nothing in this act or Section 420 et seq. of Title 63 of
the Oklahoma Statutes shall prohibit a residential or commercial
property or business owner from prohibiting the consumption of
medical marijuana or medical marijuana product by smoke or
vaporization on the premises, within the structures of the premises
or within ten (10) feet of the entryway to the premises. However, a
medical marijuana patient shall not be denied the right to consume
or use other medical marijuana products which are otherwise legal
and do not involve the smoking or vaporization of cannabis when
lawfully recommended pursuant to Section 420 of Title 63 of the
Oklahoma Statutes.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1146
D. A medical marijuana patient or caregiver licensee shall not
be denied eligibility in public assistance programs including, but
not limited to, Medicaid, Supplemental Nutrition Assistance Program
(SNAP), Women, Infants, and Children Nutrition Program (WIC),
Temporary Assistance for Needy Families (TANF) or other such public
assistance programs based solely on his or her status as a medical
marijuana patient or caregiver licensee, unless required by federal
law.
E. A medical marijuana patient or caregiver licensee shall not
be denied the right to own, purchase or possess a firearm,
ammunition, or firearm accessories based solely on his or her status
as a medical marijuana patient or caregiver licensee. No state or
local agency, municipal or county governing authority shall
restrict, revoke, suspend or otherwise infringe upon the right of a
person to own, purchase or possess a firearm, ammunition, or firearm
accessories or any related firearms license or certification based
solely on their status as a medical marijuana patient or caregiver
licensee.
F. A medical marijuana patient or caregiver in actual
possession of a medical marijuana license shall not be subject to
arrest, prosecution or penalty in any manner or denied any right,
privilege or public assistance, under state law or municipal or
county ordinance or resolution including without limitation a civil
penalty or disciplinary action by a business, occupational or
professional licensing board or bureau, for the medical use of
marijuana in accordance with this act.
G. A government medical assistance program shall not be
required to reimburse a person for costs associated with the medical
use of marijuana unless federal law requires reimbursement.
H. Unless otherwise required by federal law or required to
obtain federal funding:
1. No employer may refuse to hire, discipline, discharge or
otherwise penalize an applicant or employee solely on the basis of
such applicant's or employee's status as a medical marijuana
licensee; and
2. No employer may refuse to hire, discipline, discharge or
otherwise penalize an applicant or employee solely on the basis of a
positive test for marijuana components or metabolites, unless:
a. the applicant or employee is not in possession of a
valid medical marijuana license,
b. the licensee possesses, consumes or is under the
influence of medical marijuana or medical marijuana
product while at the place of employment or during the
fulfillment of employment obligations, or
c. the position is one involving safety-sensitive job
duties, as such term is defined in subsection K of
this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1147
I. Nothing in this act or Section 420 et seq. of Title 63 of
the Oklahoma Statutes shall:
1. Require an employer to permit or accommodate the use of
medical marijuana on the property or premises of any place of
employment or during hours of employment;
2. Require an employer, a government medical assistance
program, private health insurer, worker's compensation carrier or
self-insured employer providing worker's compensation benefits to
reimburse a person for costs associated with the use of medical
marijuana; or
3. Prevent an employer from having written policies regarding
drug testing and impairment in accordance with the Oklahoma
Standards for Workplace Drug and Alcohol Testing Act, Section 551 et
seq. of Title 40 of the Oklahoma Statutes.
J. Any applicant or employee aggrieved by a willful violation
of this section shall have, as his or her exclusive remedy, the same
remedies as provided for in the Oklahoma Standards for Workplace
Drug and Alcohol Testing Act set forth in Section 563 of Title 40 of
the Oklahoma Statutes.
K. As used in this section:
1. "Safety-sensitive" means any job that includes tasks or
duties that the employer reasonably believes could affect the safety
and health of the employee performing the task or others including,
but not limited to, any of the following:
a. the handling, packaging, processing, storage, disposal
or transport of hazardous materials,
b. the operation of a motor vehicle, other vehicle,
equipment, machinery or power tools,
c. repairing, maintaining or monitoring the performance
or operation of any equipment, machinery or
manufacturing process, the malfunction or disruption
of which could result in injury or property damage,
d. performing firefighting duties,
e. the operation, maintenance or oversight of critical
services and infrastructure including, but not limited
to, electric, gas, and water utilities, power
generation or distribution,
f. the extraction, compression, processing,
manufacturing, handling, packaging, storage, disposal,
treatment or transport of potentially volatile,
flammable, combustible materials, elements, chemicals
or any other highly regulated component,
g. dispensing pharmaceuticals,
h. carrying a firearm, or
i. direct patient care or direct child care; and
2. A "positive test for marijuana components or metabolites"
means a result that is at or above the cutoff concentration level
Oklahoma Statutes - Title 63. Public Health and Safety Page 1148
established by the United States Department of Transportation or
Oklahoma law regarding being under the influence, whichever is
lower.
L. All smokable, vaporized, vapable and e-cigarette medical
marijuana product inhaled through vaporization or smoked by a
medical marijuana licensee are subject to the same restrictions for
tobacco under Section 1-1521 of Title 63 of the Oklahoma Statutes,
commonly referred to as the "Smoking in Public Places and Indoor
Workplaces Act".
Added by Laws 2019, c. 11, § 8.
§63-427.9. Patient license – Verification of need of applicants –
Disabled veteran reduced fee.
A. The Oklahoma Medical Marijuana Authority may contact the
recommending physician of an applicant for a medical marijuana
patient license or current holder of a medical marijuana patient
license to verify the need of the applicant or licensee for the
license and the information submitted with the application.
B. An applicant for a medical marijuana patient license who can
demonstrate his or her status as a one-hundred-percent-disabled
veteran as determined by the U.S. Department of Veterans Affairs and
codified at 38 C.F.R., Section 3.340(a)(2013) shall pay a reduced
biannual application fee of Twenty Dollars ($20.00). The methods of
payment, as determined by the Authority, shall be provided on the
website. However, the Authority shall ensure that all applicants
have an option to submit the license application and payment by
means other than solely by submission of the application and fee
online.
C. The patient license shall be valid for up to two (2) years
from the date of issuance, unless the recommendation of the
physician is terminated pursuant to the Oklahoma Medical Marijuana
and Patient Protection Act or revoked by the Authority.
Added by Laws 2019, c. 11, § 9. Amended by Laws 2021, c. 553, § 13,
eff. Nov. 1, 2021; Laws 2022, c. 251, § 11, eff. Nov. 1, 2022.
§63-427.10. Physicians who may provide a recommendation – Physician
immunity.
A. Only licensed Oklahoma allopathic, osteopathic and podiatric
physicians may provide a medical marijuana recommendation for a
medical marijuana patient license under the Oklahoma Medical
Marijuana and Patient Protection Act.
B. A physician who has not completed his or her first residency
shall not meet the definition of “physician” under this section and
any recommendation for a medical marijuana patient license shall not
be processed by the Oklahoma Medical Marijuana Authority.
C. No physician shall be subject to arrest, prosecution or
penalty in any manner or denied any right or privilege under state,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1149
municipal or county statute, ordinance or resolution, including
without limitation a civil penalty or disciplinary action by the
State Board of Medical Licensure and Supervision, the State Board of
Osteopathic Examiners, the Board of Podiatric Medical Examiners or
by any other business, occupation or professional licensing board or
bureau, solely for providing a medical marijuana recommendation for
a patient or for monitoring, treating or prescribing scheduled
medication to patients who are medical marijuana licensees. The
provisions of this subsection shall not prevent the relevant
professional licensing boards from sanctioning a physician for
failing to properly evaluate the medical condition of a patient or
for otherwise violating the applicable physician-patient standard of
care.
D. A physician who recommends use of medical marijuana shall
not be located at the same physical address as a licensed medical
marijuana dispensary.
E. If the physician determines the continued use of medical
marijuana by the patient no longer meets the requirements set forth
in the Oklahoma Medical Marijuana and Patient Protection Act, the
physician shall notify the Oklahoma Medical Marijuana Authority and
the license shall be immediately voided without right to an
individual proceeding.
F. The Authority shall create and maintain a registry of
recommending physicians. Beginning January 1, 2026, to be eligible
to provide a medical marijuana recommendation to a licensed patient,
a physician shall be registered with the Authority.
G. To be registered with the Authority, a physician shall
comply with the medical education and continuing medical education
requirements described in this section and shall meet all other
requirements established by law or rule for the recommending
physician’s respective licensure board. The medical education
related to medical marijuana shall be completed prior to the
physician being listed on the registry and shall be completed
annually to remain on the registry.
H. The Executive Director of the Oklahoma Medical Marijuana
Authority shall promulgate rules to establish initial medical
education and continuing medical education requirements for
recommending physicians. The State Board of Medical Licensure and
Supervision, the State Board of Osteopathic Examiners, and the Board
of Podiatric Medical Examiners may consult with the Executive
Director of the Authority to develop or identify a list of approved
medical education courses for recommending physicians.
Added by Laws 2019, c. 11, § 10. Amended by Laws 2019, c. 390, § 2,
emerg. eff. May 15, 2019; Laws 2021, c. 553, § 14, eff. Nov. 1,
2021; Laws 2022, c. 251, § 12, eff. Nov. 1, 2022; Laws 2025, c. 134,
§ 1, emerg. eff. May 9, 2025.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1150
§63-427.11. Caregiver license rights.
A. The caregiver license shall provide the caregiver the same
rights as the medical marijuana patient licensee including the
ability to possess marijuana, marijuana products, and mature and
immature plants pursuant to the Oklahoma Medical Marijuana and
Patient Protection Act, but excluding the ability to use marijuana
or marijuana products unless the caregiver has a medical marijuana
patient license. Caregivers shall be authorized to deliver
marijuana and products to their authorized patients. Caregivers
shall be authorized to possess medical marijuana and medical
marijuana products up to the sum of the possession limits for the
patients under his or her care pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act.
B. An individual caregiver shall be limited to exercising the
marijuana cultivation rights of no more than five licensed patients
as prescribed by the Oklahoma Medical Marijuana and Patient
Protection Act.
C. The license of a caregiver shall not extend beyond the
expiration date of the underlying patient license regardless of the
issue date.
D. A medical marijuana patient license holder may request, at
any time, to withdraw the license of his or her caregiver. In the
event that such a request is made or upon the expiration of the
medical marijuana license of the patient, the license of the
caregiver shall be immediately withdrawn by the Oklahoma Medical
Marijuana Authority without the right to a hearing.
Added by Laws 2019, c. 11, § 11. Amended by Laws 2021, c. 553, §
15, eff. Nov. 1, 2021; Laws 2022, c. 251, § 13, eff. Nov. 1, 2022.
§63-427.12. Restrictions on growing medical marijuana.
A. All medical marijuana grown by medical marijuana patient
license holders or caregivers may only be grown on real property
owned by the patient license holder or on real property for which
the patient license holder has the property owner's written
permission to grow marijuana on the property.
B. All medical marijuana plants grown by a patient or caregiver
shall be grown so that the marijuana is not accessible to a member
of the general public. No marijuana plants shall be visible from
any street adjacent to the property. For purposes of this section,
"visible" means viewable by a normal person with 20/20 eyesight
without the use of any device to assist in improving viewing
distance or vantage point.
C. It is expressly prohibited to operate extraction equipment
or utilize extraction processes if the equipment or process utilizes
butane, propane, carbon dioxide or any potentially hazardous
material in a residential property.
Added by Laws 2019, c. 11, § 12.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1151
§63-427.13. Oklahoma-licensed business purchase requirement –
Inventory tracking system.
A. All medical marijuana and medical marijuana products shall
be purchased solely from a state-licensed medical marijuana
business, and shall not be purchased from any out-of-state
providers.
B. 1. The Oklahoma Medical Marijuana Authority shall have
oversight and auditing responsibilities to ensure that all marijuana
being grown in this state is accounted for and shall implement an
inventory tracking system. Pursuant to these duties, the Authority
shall require that each medical marijuana business, medical
marijuana research facility, medical marijuana education facility
and medical marijuana waste disposal facility keep records for every
transaction with another medical marijuana business, patient or
caregiver. Inventory shall be tracked and updated after each
individual sale and reported to the Authority.
2. The inventory tracking system licensees use shall allow for
integration of other seed-to-sale systems and, at a minimum, shall
include the following:
a. notification of when marijuana seeds and clones are
planted,
b. notification of when marijuana plants are harvested
and destroyed,
c. notification of when marijuana is transported, sold,
stolen, diverted or lost,
d. a complete inventory of all marijuana, seeds, plant
tissue, clones, plants, usable marijuana or trim,
leaves and other plant matter, batches of extract, and
marijuana concentrates,
e. all samples sent to a testing laboratory, an unused
portion of a sample returned to a licensee, all
samples utilized by licensee for purposes of
negotiating a sale, and
f. all samples used for quality testing by a licensee.
3. Each medical marijuana business, medical marijuana research
facility, medical marijuana education facility and medical marijuana
waste disposal facility shall develop written standard operating
procedures outlining the manner in which it operates as prescribed
by the Authority and shall use a seed-to-sale tracking system or
integrate its own seed-to-sale tracking system with the seed-to-sale
tracking system established by the Authority in accordance with the
limitations set forth herein.
4. These records shall include, but not be limited to, the
following:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1152
a. the name and license number of the medical marijuana
business that cultivated, manufactured or sold the
medical marijuana or medical marijuana product,
b. the address and phone number of the medical marijuana
business that cultivated, manufactured or sold the
medical marijuana or medical marijuana product,
c. the type of product received during the transaction,
d. the batch number of the marijuana plant used,
e. the date of the transaction,
f. the total spent in dollars,
g. all point-of-sale records,
h. marijuana excise tax records, and
i. any additional information as may be reasonably
required by the Executive Director of the Oklahoma
Medical Marijuana Authority.
5. All inventory tracking records retained by a medical
marijuana business, medical marijuana research facility, medical
marijuana education facility or medical marijuana waste disposal
facility containing medical marijuana patient or caregiver
information shall comply with all relevant state and federal laws
including, but not limited to, the Health Insurance Portability and
Accountability Act of 1996 (HIPAA).
Added by Laws 2019, c. 11, § 13. Amended by Laws 2021, c. 553, §
16, eff. Nov. 1, 2021; Laws 2022, c. 251, § 14, eff. Nov. 1, 2022;
Laws 2024, c. 182, § 25, emerg. eff. April 26, 2024.
§63-427.14. Medical marijuana business license – Requirements.
A. There is hereby created the medical marijuana business
license, which shall include the following categories:
1. Medical marijuana commercial grower;
2. Medical marijuana processor;
3. Medical marijuana dispensary;
4. Medical marijuana transporter; and
5. Medical marijuana testing laboratory.
B. The Oklahoma Medical Marijuana Authority, with the aid of
the Office of Management and Enterprise Services, shall develop a
website for medical marijuana business applications.
C. The Authority shall make available on its website in an
easy-to-find location, applications for a medical marijuana
business.
D. 1. The annual, nonrefundable fee for a medical marijuana
transporter license shall be Two Thousand Five Hundred Dollars
($2,500.00).
2. The initial, nonrefundable fee for a medical marijuana
commercial grower license shall be calculated based upon the total
amount of square feet of canopy or acres the grower estimates will
be harvested, transferred, or sold for the year. The annual,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1153
nonrefundable license fee shall be based upon the total amount of
square feet of canopy or acres harvested, transferred, or sold by
the grower during the previous twelve (12) months. The amount of
the fees shall be determined as follows:
a. For an indoor, greenhouse, or light deprivation
medical marijuana grow facility:
(1) Tier 1: Up to ten thousand (10,000) square feet
of canopy, the fee shall be Two Thousand Five
Hundred Dollars ($2,500.00),
(2) Tier 2: Ten thousand one (10,001) square feet of
canopy to twenty thousand (20,000) square feet of
canopy, the fee shall be Five Thousand Dollars
($5,000.00),
(3) Tier 3: Twenty thousand one (20,001) square feet
of canopy to forty thousand (40,000) square feet
of canopy, the fee shall be Ten Thousand Dollars
($10,000.00),
(4) Tier 4: Forty thousand one (40,001) square feet
of canopy to sixty thousand (60,000) square feet
of canopy, the fee shall be Twenty Thousand
Dollars ($20,000.00),
(5) Tier 5: Sixty thousand one (60,001) square feet
of canopy to eighty thousand (80,000) square feet
of canopy, the fee shall be Thirty Thousand
Dollars ($30,000.00),
(6) Tier 6: Eighty thousand one (80,001) square feet
of canopy to ninety-nine thousand nine hundred
ninety-nine (99,999) square feet of canopy, the
fee shall be Forty Thousand Dollars ($40,000.00),
and
(7) Tier 7: One hundred thousand (100,000) square
feet of canopy and beyond, the fee shall be Fifty
Thousand Dollars ($50,000.00), plus an additional
twenty-five cents ($0.25) per square foot of
canopy over one hundred thousand (100,000) square
feet.
b. For an outdoor medical marijuana grow facility:
(1) Tier 1: Less than two and one-half (2 1/2)
acres, the fee shall be Two Thousand Five Hundred
Dollars ($2,500.00),
(2) Tier 2: More than two and one-half (2 1/2) acres
up to five (5) acres, the fee shall be Five
Thousand Dollars ($5,000.00),
(3) Tier 3: More than five (5) acres up to ten (10)
acres, the fee shall be Ten Thousand Dollars
($10,000.00),
Oklahoma Statutes - Title 63. Public Health and Safety Page 1154
(4) Tier 4: More than ten (10) acres up to twenty
(20) acres, the fee shall be Twenty Thousand
Dollars ($20,000.00),
(5) Tier 5: More than twenty (20) acres up to thirty
(30) acres, the fee shall be Thirty Thousand
Dollars ($30,000.00),
(6) Tier 6: More than thirty (30) acres up to forty
(40) acres, the fee shall be Forty Thousand
Dollars ($40,000.00),
(7) Tier 7: More than forty (40) acres up to fifty
(50) acres, the fee shall be Fifty Thousand
Dollars ($50,000.00), and
(8) Tier 8: If the amount of acreage exceeds fifty
(50) acres, the fee shall be Fifty Thousand
Dollars ($50,000.00) plus an additional Two
Hundred Fifty Dollars ($250.00) per acre.
c. For a medical marijuana commercial grower that has a
combination of both indoor and outdoor growing
facilities at one location, the medical marijuana
commercial grower shall be required to obtain a
separate license from the Authority for each type of
grow operation and shall be subject to the licensing
fees provided for in subparagraphs a and b of this
paragraph.
d. As used in this paragraph:
(1) “canopy” means the total surface area within a
cultivation area that is dedicated to the
cultivation of flowering marijuana plants. The
surface area of the plant canopy must be
calculated in square feet and measured and must
include all of the area within the boundaries
where the cultivation of the flowering marijuana
plants occurs. If the surface of the plant
canopy consists of noncontiguous areas, each
component area must be separated by identifiable
boundaries. If a tiered or shelving system is
used in the cultivation area, the surface area of
each tier or shelf must be included in
calculating the area of the plant canopy.
Calculation of the area of the plant canopy may
not include the areas within the cultivation area
that are used to cultivate immature marijuana
plants and seedlings, prior to flowering, and
that are not used at any time to cultivate mature
marijuana plants. If the flowering plants are
vertically grown in cylinders, the square footage
of the canopy shall be measured by the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1155
circumference of the cylinder multiplied by the
total length of the cylinder,
(2) “greenhouse” means a structure located outdoors
that is completely covered by a material that
allows a controlled level of light transmission,
and
(3) “light deprivation” means a structure that has
concrete floors and the ability to manipulate
natural light.
3. The initial, nonrefundable fee for a medical marijuana
processor license shall be Two Thousand Five Hundred Dollars
($2,500.00). The annual, nonrefundable license fee for a medical
marijuana processor license shall be determined based on the
previous twelve (12) months as follows:
a. Tier 1: The transfer or sale of zero (0) to ten
thousand (10,000) pounds of biomass or the production,
transfer, or sale of up to one hundred (100) liters of
cannabis concentrate, whichever is greater, the annual
fee shall be Two Thousand Five Hundred Dollars
($2,500.00),
b. Tier 2: The transfer or sale of ten thousand one
(10,001) pounds to fifty thousand (50,000) pounds of
biomass or the production, transfer, or sale of one
hundred one (101) to three hundred fifty (350) liters
of cannabis concentrate, whichever is greater, the
annual fee shall be Five Thousand Dollars ($5,000.00),
c. Tier 3: The transfer or sale of fifty thousand one
(50,001) pounds to one hundred fifty thousand
(150,000) pounds of biomass or the production,
transfer, or sale of three hundred fifty-one (351) to
six hundred fifty (650) liters of cannabis
concentrate, whichever is greater, the annual fee
shall be Ten Thousand Dollars ($10,000.00),
d. Tier 4: The transfer or sale of one hundred fifty
thousand one (150,001) pounds to three hundred
thousand (300,000) pounds of biomass or the
production, transfer, or sale of six hundred fifty-one
(651) to one thousand (1,000) liters of cannabis
concentrate, whichever is greater, the annual fee
shall be Fifteen Thousand Dollars ($15,000.00), and
e. Tier 5: The transfer or sale of more than three
hundred thousand one (300,001) pounds of biomass or
the production, transfer, or sale in excess of one
thousand one (1,001) liters of cannabis concentrate,
the annual fee shall be Twenty Thousand Dollars
($20,000.00).
Oklahoma Statutes - Title 63. Public Health and Safety Page 1156
For purposes of this paragraph only, if the cannabis concentrate
is in nonliquid form, every one thousand (1,000) grams of
concentrated marijuana shall be calculated as one (1) liter of
cannabis concentrate.
4. The initial, nonrefundable fee for a medical marijuana
dispensary license shall be Two Thousand Five Hundred Dollars
($2,500.00). The annual, nonrefundable license fee for a medical
marijuana dispensary license shall be calculated at ten percent
(10%) of the sum of twelve (12) calendar months of the combined
annual state sales tax and state excise tax of the dispensary during
the previous twelve (12) months. The minimum fee shall be not less
than Two Thousand Five Hundred Dollars ($2,500.00) and the maximum
fee shall not exceed Ten Thousand Dollars ($10,000.00).
5. The annual, nonrefundable license fee for a medical
marijuana testing laboratory shall be Twenty Thousand Dollars
($20,000.00).
E. All applicants seeking licensure or licensure renewal as a
medical marijuana business shall comply with the following general
requirements:
1. All applications for licenses and registrations authorized
pursuant to this section shall be made upon forms prescribed by the
Authority;
2. Each application shall identify the city or county in which
the applicant seeks to obtain licensure as a medical marijuana
business;
3. Applicants shall submit a complete application to the
Authority before the application may be accepted or considered;
4. All applications shall be complete and accurate in every
detail;
5. All applications shall include all attachments or
supplemental information required by the forms supplied by the
Authority;
6. All applications for a transporter license, initial
dispensary license, initial processor license, or laboratory license
shall be accompanied by a full remittance for the whole amount of
the license fee as set forth in subsection D of this section. All
submissions of grower applications, renewal processor applications,
and renewal dispensary applications shall be accompanied by a
remittance of a fee of Two Thousand Five Hundred Dollars
($2,500.00). The Authority shall invoice license applicants, if
applicable, and notify applicants in the same method and manner as
the application was submitted to the Authority for any additional
licensing fees owed pursuant to subsection D of this section prior
to approval of a license application. Applicants and licensees
shall remit all required license and application fees, including any
additional licensing fees, if applicable, in full within forty-five
(45) days of notification by the Authority. Failure to remit such
Oklahoma Statutes - Title 63. Public Health and Safety Page 1157
fees shall result in the denial of the application. License fees
are nonrefundable;
7. All applicants shall be approved for licensing review that,
at a minimum, meet the following criteria:
a. twenty-five (25) years of age or older,
b. if applying as an individual, proof that the applicant
is a resident of this state pursuant to paragraph 12
of this subsection,
c. if applying as an entity, proof that seventy-five
percent (75%) of all members, managers, executive
officers, partners, board members or any other form of
business ownership are residents of this state
pursuant to paragraph 12 of this subsection,
d. if applying as an individual or entity, proof that the
individual or entity is registered to conduct business
in this state,
e. disclosure of all ownership interests pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act,
and
f. proof that the medical marijuana business, medical
marijuana research facility, medical marijuana
education facility and medical marijuana waste
disposal facility applicant or licensee has not been
convicted of a nonviolent felony in the last two (2)
years, or any other felony conviction within the last
five (5) years, is not a current inmate in the custody
of the Department of Corrections, or currently
incarcerated in a jail or corrections facility.
Upon reasonable suspicion that a medical marijuana business licensee
is illegally growing, processing, transferring, selling, disposing,
or diverting marijuana, the Authority, the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of
Investigation (OSBI), or the Attorney General may subpoena documents
necessary to establish the personal identifying information of all
owners and individuals with any ownership interest in the business;
8. There shall be no limit to the number of medical marijuana
business licenses or categories that an individual or entity can
apply for or receive, although each application and each category
shall require a separate application, application fee, or license
fee. A commercial grower, processor and dispensary, or any
combination thereof, are authorized to share the same address or
physical location, subject to the restrictions set forth in the
Oklahoma Medical Marijuana and Patient Protection Act;
9. No medical marijuana business premises is permitted to have
multiple licenses of the same type pursuant to the licensing
requirements of this section, excluding the following:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1158
a. a commercial grower with a combination of an indoor or
outdoor growing facility on one parcel of land,
b. a licensed medical marijuana processor used by
multiple licensees, and
c. a licensed medical marijuana business that has an
approved application by the Authority while the new
business seeks registration from the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control
pursuant to Section 427.14c of this title;
10. All applicants for a medical marijuana business license,
research facility license or education facility license authorized
by the Oklahoma Medical Marijuana and Patient Protection Act, or for
a renewal of such license, shall undergo a national fingerprint-
based background check conducted by the Oklahoma State Bureau of
Investigation within thirty (30) days prior to the application for
the license, including:
a. individual applicants applying on their own behalf,
b. individuals applying on behalf of an entity,
c. all principal officers of an entity, and
d. all owners of an entity as defined by the Oklahoma
Medical Marijuana and Patient Protection Act;
11. All applicable fees charged by the OSBI are the
responsibility of the applicant and shall not be higher than fees
charged to any other person or industry for such background checks;
12. In order to be considered a resident of this state for
purposes of a medical marijuana business application, all applicants
shall provide proof of state residency for at least two (2) years
immediately preceding the date of application or five (5) years of
continuous state residency during the preceding twenty-five (25)
years immediately preceding the date of application. Sufficient
documentation of proof of residency shall include a combination of
the following:
a. an unexpired state-issued driver license,
b. a state-issued identification card,
c. a utility bill preceding the date of application,
excluding cellular telephone and Internet bills,
d. a residential property deed to property in this state,
and
e. a rental agreement preceding the date of application
for residential property located in this state.
Applicants that were issued a medical marijuana business license
prior to August 30, 2019, are hereby exempt from the two-year or
five-year Oklahoma residence requirement mentioned above;
13. All license applicants shall be required to submit a
registration with the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control as provided in Sections 2-301 through 2-309
of this title;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1159
14. All applicants shall establish their identity through
submission of a color copy or digital image of one of the following
unexpired documents:
a. front of a state-issued driver license,
b. front of a state-issued identification card,
c. a United States passport or other photo identification
issued by the United States government, or
d. a tribal identification card approved for
identification purposes by the Department of Public
Safety;
15. All applicants shall submit an applicant photograph; and
16. All applicants for a medical marijuana business license
seeking to operate a commercial growing operation shall file along
with their application a bond as prescribed in Section 427.26 of
this title.
F. The Authority shall review the medical marijuana business
application; approve, reject, or deny the application; and send the
approval, rejection, denial, or status-update letter to the
applicant in the same method the application was submitted to the
Authority within ninety (90) business days of receipt of the
application.
G. 1. The Authority shall review the medical marijuana
business applications, conduct all investigations, inspections, and
interviews, and collect all license and application fees before
approving the application.
2. Approved applicants shall be issued a medical marijuana
business license for the specific category applied under, which
shall act as proof of their approved status. Rejection and denial
letters shall provide a reason for the rejection or denial.
Applications may only be rejected or denied based on the applicant
not meeting the standards set forth in the provisions of the
Oklahoma Medical Marijuana and Patient Protection Act and Sections
420 through 427.28 of this title, improper completion of the
application, unpaid license or application fees, or for a reason
provided for in the Oklahoma Medical Marijuana and Patient
Protection Act and Sections 420 through 427.28 of this title. If an
application is rejected for failure to provide required information,
the applicant shall have thirty (30) days to submit the required
information for reconsideration. Unless the Authority determines
otherwise, an application that has been resubmitted but is still
incomplete or contains errors that are not clerical or typographical
in nature shall be denied.
3. Status-update letters shall provide a reason for delay in
either approval, rejection or denial should a situation arise in
which an application was submitted properly but a delay in
processing the application occurred.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1160
4. Approval, rejection, denial or status-update letters shall
be sent to the applicant in the same method the application was
submitted to the Authority.
H. A license for a medical marijuana business, medical
marijuana research facility, medical marijuana education facility or
medical marijuana waste disposal facility shall not be issued to or
held by:
1. A person until all required fees have been paid;
2. A person who has been convicted of a nonviolent felony
within two (2) years of the date of application, or within five (5)
years for any other felony;
3. A corporation, if the criminal history of any of its
officers, directors or stockholders indicates that the officer,
director or stockholder has been convicted of a nonviolent felony
within two (2) years of the date of application, or within five (5)
years for any other felony;
4. A person under twenty-five (25) years of age;
5. A person licensed pursuant to this section who, during a
period of licensure, or who, at the time of application, has failed
to:
a. file taxes, interest or penalties due related to a
medical marijuana business, or
b. pay taxes, interest or penalties due related to a
medical marijuana business;
6. A sheriff, deputy sheriff, police officer or prosecuting
officer, or an officer or employee of the Authority or municipality;
7. A person whose authority to be a caregiver, as defined in
Section 427.2 of this title, has been revoked by the Authority; or
8. A person who was involved in the management or operations of
any medical marijuana business, medical marijuana research facility,
medical marijuana education facility or medical marijuana waste
disposal facility that, after the initiation of a disciplinary
action, has had a medical marijuana license revoked, not renewed, or
surrendered during the five (5) years preceding submission of the
application and for the following violations:
a. unlawful sales or purchases,
b. any fraudulent acts, falsification of records or
misrepresentation to the Authority, medical marijuana
patient licensees, caregiver licensees or medical
marijuana business licensees,
c. any grossly inaccurate or fraudulent reporting,
d. threatening or harming any medical marijuana patient,
caregiver, medical practitioner or employee of the
Authority,
e. knowingly or intentionally refusing to permit the
Authority access to premises or records,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1161
f. using a prohibited, hazardous substance for processing
in a residential area,
g. criminal acts relating to the operation of a medical
marijuana business, or
h. any violations that endanger public health and safety
or product safety.
I. In investigating the qualifications of an applicant or a
licensee, the Authority and municipalities may have access to
criminal history record information furnished by a criminal justice
agency subject to any restrictions imposed by such an agency.
J. The failure of an applicant or licensee to provide the
requested information by the Authority deadline may be grounds for
denial of the application.
K. All applicants and licensees shall submit information to the
Authority in a full, faithful, truthful and fair manner. The
Authority may recommend denial of an application where the applicant
or licensee made misstatements, omissions, misrepresentations or
untruths in the application or in connection with the background
investigation of the applicant. This type of conduct may be grounds
for administrative action against the applicant or licensee. Typos
and scrivener errors shall not be grounds for denial.
L. A licensed medical marijuana business premises shall be
subject to and responsible for compliance with applicable provisions
consistent with the zoning where such business is located as
described in the most recent versions of the Oklahoma Uniform
Building Code, the International Building Code and the International
Fire Code, unless granted an exemption by a municipality or
appropriate code enforcement entity.
M. All medical marijuana business, medical marijuana research
facility, medical marijuana education facility and medical marijuana
waste disposal facility licensees shall pay the relevant licensure
fees prior to receiving licensure to operate. Applicants and
licensees shall remit all required license and application fees,
including any additional licensing fees, if applicable, in full
within forty-five (45) days of notification by the Authority.
Failure to remit such fees shall result in the denial of the
application.
N. A medical marijuana business, medical marijuana research
facility, medical marijuana education facility or medical marijuana
waste disposal facility that attempts to renew its license after the
expiration date of the license shall pay a late renewal fee of Five
Hundred Dollars ($500.00) per week that the license is expired.
Late renewal fees are nonrefundable. A license that has been
expired for more than sixty (60) calendar days shall not be renewed.
Only license renewal applications submitted at least sixty (60)
calendar days prior to the expiration date shall be considered
timely submitted and subject to the provisions of subsection F of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1162
this section. A medical marijuana business license shall remain
unexpired during the pendency of the application for renewal
provided that such application was timely submitted. The Authority
shall allow renewal applications to be submitted at least one
hundred twenty (120) calendar days prior to the expiration date of a
medical marijuana business license.
O. Except as provided by this section, immediately upon
expiration of a license, any medical marijuana business, medical
marijuana research facility, medical marijuana education facility,
or medical marijuana waste disposal facility shall cease all
possession, transfer, or sale of medical marijuana or medical
marijuana products. Any continued possession, sale, or transfer
shall subject the business owners and operators to felony
prosecution pursuant to the Uniform Controlled Dangerous Substances
Act.
P. A medical marijuana business license holder shall require
all individuals employed under his or her license to be issued a
credential pursuant to the provisions of Section 427.14b of this
title prior to employment.
Q. An original medical marijuana business license issued on or
after June 26, 2018, by the Authority, for a medical marijuana
commercial grower, a medical marijuana processor or a medical
marijuana dispensary shall be deemed to have been grandfathered into
the location on the date the original license was first issued for
purposes of determining the authority of the business to conduct and
continue the same type of business at that location under a license
issued by the Authority, except as may be provided in Sections 425
and 426.1 of this title. Any change in ownership after the original
medical marijuana business license has been issued by the Authority
shall be construed by the Authority to be a continuation of the same
type of business originally licensed at that location. Nothing
shall authorize the Authority to deny issuance or renewal of a
license or transfer of license due to a change in ownership for the
same business location previously licensed, except when a revocation
is otherwise authorized by law or a protest is made under the
municipal compliance provisions of Section 426.1 of this title.
R. A medical marijuana business license holder shall require
all individuals employed under their license to be issued a
credential pursuant to the provisions of Section 427.14b of this
title prior to employment.
S. The Executive Director of the Authority may promulgate rules
to implement the provisions of this section including, but not
limited to, required application materials to be submitted by the
applicant and utilized by the Authority to determine medical
marijuana business licensing fees pursuant to this section.
Added by Laws 2019, c. 11, § 14. Amended by Laws 2019, c. 509, § 6;
Laws 2020, c. 161, § 51, emerg. eff. May 21, 2020; Laws 2021, c.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1163
553, § 17, eff. Nov. 1, 2021; Laws 2022, c. 332, § 4, eff. June 1,
2023; Laws 2023, c. 168, § 5, eff. Nov. 1, 2023; Laws 2023, c. 322,
§ 7, emerg. eff. June 1, 2023; Laws 2024, c. 182, § 27, emerg. eff.
April 26, 2024; Laws 2024, c. 342, § 1, eff. Nov. 1, 2024; Laws
2025, c. 494, § 2, eff. Nov. 1, 2025.
NOTE: Laws 2019, c. 477, § 9 repealed by Laws 2020, c. 161, § 52,
emerg. eff. May 21, 2020.
§63-427.14a. Moratorium on processing and issuing new medical
marijuana business licenses.
A. Beginning August 1, 2022, and ending August 1, 2026, the
Oklahoma Medical Marijuana Authority shall, based on the number of
current medical marijuana business licenses for dispensaries,
processors, and commercial growers, declare and establish a
moratorium on processing and issuing new medical marijuana business
licenses for dispensaries, processors, and commercial growers. The
Executive Director of the Authority shall be authorized to terminate
the moratorium at any time prior to August 1, 2026, if the Executive
Director determines that all pending licensing reviews, inspections,
or investigations have been completed by the Authority.
B. The provisions of this section shall not apply to the
renewal of a medical marijuana business license for a dispensary,
processor, or commercial grower under the provisions of Section
427.14 of this title or to the issuance of a medical marijuana
business license necessitated by a change in the ownership or
location of a medical marijuana dispensary, medical marijuana
processor, or medical marijuana commercial grower; provided,
however, the Authority shall be authorized to deny the request for
issuance of a medical marijuana business license due to a change in
ownership if the licensee is subject to any disciplinary action that
may necessitate the revocation, suspension, or nonrenewal of the
medical marijuana business license.
C. The Authority shall review and process applications for
medical marijuana business licenses for dispensaries, processors,
and commercial growers if applications were received on or before
August 1, 2022.
D. The Authority shall promulgate rules as necessary to
implement the provisions of this section.
Added by Laws 2022, c. 342, § 2. Amended by Laws 2023, c. 168, § 6,
eff. Nov. 1, 2023.
§63-427.14b. Credentials required for employees to work in licensed
medical marijuana business.
A. Beginning January 1, 2024, the Oklahoma Medical Marijuana
Authority shall require employees of a medical marijuana business
licensee to apply for and receive a credential authorizing the
employee to work in a licensed medical marijuana business.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1164
B. The Authority may contract with one or more third-party
vendors to provide the credentialing services necessary to carry out
the provisions of this section.
C. The Authority shall determine the services to be provided by
such third-party vendor and shall establish costs and prices. If
contracted for credentialing services, a third-party vendor shall on
behalf of the Authority conduct the background checks and verify
eligibility for any employees of a medical marijuana business
license holder to obtain a credential.
D. Upon successful completion of the national fingerprint-based
background check conducted by the Oklahoma State Bureau of
Investigation within thirty (30) days prior to the application,
completion of the educational training required pursuant to the
provisions of this section, and verification of eligibility for an
employee, the Authority shall issue a credential to the employee.
The applicant shall submit proof of completion of the required
educational training in the credential application, and the results
of background checks and verifications shall be provided to the
Authority by the third-party vendor.
E. Beginning January 1, 2027, in order to receive an employee
credential, all employees of a licensed medical marijuana business
shall annually complete an educational training course provided by
or approved by the Authority. The employee shall submit proof of
completion of the required educational training in order to receive
an employee credential. Such training may include an overview of
state statutes and administrative rules, patient privacy
requirements, and the safe handling and storage of medical
marijuana.
F. If the third-party vendor determines that an employee of a
medical marijuana business holder does not meet the minimum
statutory requirements for a credential, the applicant or employee
shall have no recourse against the third-party vendor but may appeal
such adverse determination to the Authority.
G. The third-party vendor shall not be civilly liable to an
applicant, licensee, or employee of a licensee for any acts taken in
good-faith compliance with the provisions of Section 420 et seq. of
this title and the Oklahoma Medical Marijuana and Patient Protection
Act and the rules promulgated by the Oklahoma Medical Marijuana
Authority.
H. 1. The Authority shall review the medical marijuana
credential application; approve, reject, or deny the application;
and send the approval, rejection, or denial letter to the applicant
by the same method in which the application was submitted to the
Authority.
2. Each approved applicant shall be issued a credential, which
shall act as proof of his or her approved status, to be worn or
displayed during the hours of work of the employee. Rejection and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1165
denial letters shall provide a reason for the rejection or denial.
Applications may only be rejected or denied for failure to meet the
standards set forth in the provisions of the Oklahoma Medical
Marijuana and Patient Protection Act or rules promulgated by the
Executive Director. If an application is rejected for failure to
provide required information, the applicant shall have thirty (30)
days to submit the required information for reconsideration. Unless
the Authority determines otherwise, an application that has been
resubmitted but is still incomplete or contains errors that are not
clerical or typographical in nature shall be denied.
I. The Executive Director of the Authority may promulgate rules
to implement the provisions of this section.
Added by Laws 2022, c. 328, § 3, eff. Nov. 1, 2022. Amended by Laws
2024, c. 415, § 1, emerg. eff. June 14, 2024; Laws 2025, c. 389, §
1, eff. Nov. 1, 2025.
NOTE: Editorially renumbered from § 427.14a of this title to avoid
a duplication in numbering.
§63-427.14c. Transfer of business — Written approval of application
required.
A. After the effective date of this act, no medical marijuana
business shall be transferred without written approval of an
application by the Oklahoma Medical Marijuana Authority.
B. A licensee intending to transfer ownership of a medical
marijuana business shall submit an application to the Authority.
Upon approval by the Authority, the applicant shall submit all
necessary documentation to the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control (OBNDD) consistent with an application
for a registration pursuant to the Uniform Controlled Dangerous
Substances Act and rules promulgated by OBNDD, including the
approved application issued by the Authority. The medical marijuana
business license and the OBNDD registration of the original owner
shall terminate fifteen (15) business days after issuance of the new
OBNDD registration. Upon approval of the new registration by OBNDD,
the prior owner and new owner shall effectuate the transfer of
medical marijuana products utilizing the state authorized seed-to-
sale tracking system within fifteen (15) business days.
C. Nothing in this section shall prevent the Authority from
denying an application, or the OBNDD from denying an application, to
register pursuant to the laws and rules of this state. Application
or registration denial shall not affect the existing licensee and
registrant. The existing licensee and registrant shall be required
to submit timely and sufficient renewal applications for the
business to continue to operate during the pendency of any business
transfer.
D. Nothing in this section shall authorize any new owner to
take possession of medical marijuana, medical marijuana concentrate,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1166
or medical marijuana product or exercise control over any activities
involving the medical marijuana business unless and until the
application has been approved by the Authority and the new ownership
is registered with OBNDD.
E. Nothing in this section shall prohibit the prospective new
owners from being employed by the current owner during the transfer
process so long as the prospective new owner holds all proper
employee credentials in accordance with Section 427.14b of Title 63
of the Oklahoma Statutes.
F. The new medical marijuana business owner shall provide the
Authority with a detailed inventory of any and all items enumerated
in the Oklahoma Medical Marijuana and Patient Protection Act
including, but not limited to, all seeds, plant tissue, clones,
plants, usable medical marijuana or trim, leaves, and other plant
matter, batches of extract, medical marijuana, medical marijuana
concentrate, and medical marijuana products upon taking control of
the business.
G. Any attempt to transfer a medical marijuana business,
medical marijuana, medical marijuana concentrate, or medical
marijuana products of a medical marijuana business without approval
from the Authority shall be grounds for revocation or nonrenewal of
the license and denial, revocation, or nonrenewal of current or
future licenses or license applications with ownership held by any
such person involved in the unlawful transfer.
H. The application fee shall be the annual license or
application fee established under Section 427.14 of Title 63 of the
Oklahoma Statutes for medical marijuana business license types.
I. Any medical marijuana business with a pending application to
transfer a business license on the effective date of this act shall
have thirty (30) days from the effective date of this act to submit
a new application pursuant to this section. The Authority shall
refund the application fee to any applicant with a pending
application to transfer upon receipt of the new application.
J. The Authority shall promulgate rules necessary for the
approval and denial of transfers of medical marijuana businesses.
Added by Laws 2024, c. 342, § 2, eff. Nov. 1, 2024.
§63-427.15. Authority to develop policies and procedures for
disclosure by businesses – Attestation regarding foreign financial
interests.
A. The Oklahoma Medical Marijuana Authority is hereby
authorized to develop policies and procedures for disclosure by a
medical marijuana business of financial interest and ownership.
B. Upon the effective date of this act, current medical
marijuana business licensees and applicants seeking licensure as a
medical marijuana business shall be required to submit under penalty
of perjury an attestation confirming or denying the existence of any
Oklahoma Statutes - Title 63. Public Health and Safety Page 1167
foreign financial interests in the medical marijuana business
operation and shall disclose the identity of such ownership, if
applicable. Medical marijuana business licensees shall, within
sixty (60) days after the effective date of this act, submit such
attestation to the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control. Applicants for a medical marijuana business license
shall, within sixty (60) days after the approval of a medical
marijuana business license application by the Oklahoma Medical
Marijuana Authority, submit such attestation to the Bureau. Failure
to submit the attestation or accompanying information to the Bureau
within the specified sixty-day time period shall result in the
immediate revocation of the medical marijuana business license. The
Bureau shall prescribe the form of the attestation required under
the provisions of this subsection and shall make the form available
on its publicly accessible Internet website.
Added by Laws 2019, c. 11, § 15. Amended by Laws 2021, c. 482, § 1,
eff. July 1, 2021.
§63-427.15a. Publicly traded company defined.
For purposes of this section, "publicly traded company" means a
business entity organized under the laws of the United States or
Canada where the domicile for the business entity permits the sale
of marijuana and such business entity has a class of securities that
are registered and traded for investment pursuant to the Security
Exchange Act of 1934 or listed and traded for investment on a
reputable recognized foreign stock exchange or foreign market
exchange.
On and after the effective date of this act, a publicly traded
company as defined herein is authorized to purchase up to forty
percent (40%) of the equity in an existing Oklahoma business that
holds a valid Oklahoma medical marijuana grower, processor or
transporter license; provided, however, the only Oklahoma business
qualified for investment or equity purchase under this section must
have held a valid medical marijuana grower, processor or transporter
license for at least eighteen (18) months prior to the investment or
equity purchase and must be currently operating in good standing in
this state. A licensed medical marijuana dispensary shall not be
qualified for investment or equity purchase under the provisions of
this section.
Added by Laws 2021, c. 584, § 9, emerg. eff. May 28, 2021.
§63-427.16. Medical marijuana transporter license - Requirements.
A. There is hereby created a medical marijuana transporter
license as a category of the medical marijuana business license.
B. Pursuant to Section 424 of this title, the Oklahoma Medical
Marijuana Authority shall issue a medical marijuana transporter
license to licensed medical marijuana commercial growers,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1168
processors, and dispensaries upon issuance of such licenses and upon
each renewal. Medical marijuana transporter licenses shall also be
issued to licensed medical marijuana research facilities, medical
marijuana education facilities, and medical marijuana testing
laboratories upon issuance of such licenses and upon each renewal.
C. A medical marijuana transporter license may also be issued
to qualifying applicants who are registered with the Secretary of
State and otherwise meet the requirements for a medical marijuana
business license set forth in the Oklahoma Medical Marijuana and
Patient Protection Act and the requirements set forth in this
section to provide logistics, distribution, and storage of medical
marijuana, medical marijuana concentrate, and medical marijuana
products.
D. A medical marijuana transporter license shall be valid for
one (1) year and shall not be transferred with a change of
ownership. A licensed medical marijuana transporter shall be
responsible for all medical marijuana, medical marijuana
concentrate, and medical marijuana products once the transporter
takes control of the product.
E. A transporter license shall be required for any person or
entity to transport or transfer medical marijuana, medical marijuana
concentrate, or medical marijuana products from a licensed medical
marijuana business to another medical marijuana business, or from a
medical marijuana business to a medical marijuana research facility
or medical marijuana education facility.
F. A medical marijuana transporter licensee may contract with
multiple licensed medical marijuana businesses.
G. A medical marijuana transporter may maintain a licensed
premises to temporarily store medical marijuana, medical marijuana
concentrate, and medical marijuana products and to use as a
centralized distribution point. A medical marijuana transporter may
store and distribute medical marijuana, medical marijuana
concentrate, and medical marijuana products from the licensed
premises. The licensed premises shall meet all security
requirements applicable to a medical marijuana business. The
Authority shall issue licenses upon proper application by a licensee
and determination by the Authority that the proposed site and
facility are physically and technically suitable.
H. A medical marijuana transporter licensee shall use the seed-
to-sale tracking system developed pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act to create inventory manifests
documenting the transport or temporary storage of medical marijuana,
medical marijuana concentrate, and medical marijuana products
throughout the state.
I. A licensed medical marijuana transporter may maintain and
operate one or more warehouses in the state to handle medical
marijuana, medical marijuana concentrate, and medical marijuana
Oklahoma Statutes - Title 63. Public Health and Safety Page 1169
products, provided the licensed medical marijuana transporter
possesses a valid, unexpired medical marijuana transporter license
and has applied for and received a permit for each warehouse
location. The Authority shall issue an annual permit for each
warehouse location operated by a licensee that is tied to the annual
medical marijuana transporter license term, and there shall be no
limit to the number of permits issued under a medical marijuana
transporter license. A permit shall be issued only upon proper
application by a licensee and determination by the Authority that
the proposed site and facility are physically and technically
suitable. Upon a finding that a proposed warehouse location is not
physically or technically suitable, the Authority shall deny the
permit. Each warehouse location shall be approved and inspected by
the Authority prior to its use. Medical marijuana transporter
warehouses that are licensed and approved by the Authority may
temporarily store medical marijuana, medical marijuana concentrate,
and medical marijuana products, provided that all temporary storage
is documented, tracked, and traceable in the state-mandated seed-to-
sale tracking system.
J. With the exception of a lawful transfer between medical
marijuana businesses who are licensed to operate at the same
physical address, all medical marijuana, medical marijuana
concentrate, and medical marijuana products shall be transported:
1. In vehicles equipped with Global Positioning System (GPS)
trackers;
2. In a locked container and clearly labeled “Medical Marijuana
or Derivative”; and
3. In a secured area of the vehicle that is not accessible by
the driver during transit.
K. A transporter agent may possess marijuana at any location
while the transporter agent is transferring marijuana to or from a
licensed medical marijuana business, licensed medical marijuana
research facility, or licensed medical marijuana education facility.
The Authority shall administer the provisions of this section and
the Authority, the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Oklahoma State Bureau of Investigation, and the
Attorney General shall have the authority to enforce the provisions
of this section concerning transportation.
L. The Authority shall issue a transporter agent license to
individual agents, employees, officers, or owners of a transporter
license in order for the individual to qualify to transport medical
marijuana, medical marijuana concentrate, or medical marijuana
products.
M. The annual fee for a transporter agent license shall be
Twenty-five Dollars ($25.00) and shall be paid by the transporter
license-holder or the individual applicant. Transporter agent
license reprints shall be Twenty Dollars ($20.00).
Oklahoma Statutes - Title 63. Public Health and Safety Page 1170
N. The Authority shall issue each transporter agent a registry
identification card within thirty (30) days of receipt of:
1. The name, address, and date of birth of the person;
2. Proof of current state residency;
3. Proof of identity as required for a medical marijuana
business license;
4. Possession of a valid state-issued driver license;
5. Verification of employment with a licensed transporter;
6. The application and affiliated fee; and
7. A copy of the criminal background check conducted by the
Oklahoma State Bureau of Investigation, paid for by the applicant.
O. If the transporter agent application is denied, the
Authority shall notify the transporter in writing of the reason for
denying the registry identification card.
P. A registry identification card for a transporter shall
expire one (1) year after the date of issuance or upon notification
from the holder of the transporter license that the transporter
agent ceases to work as a transporter.
Q. The Authority may revoke the registry identification card of
a transporter agent who knowingly violates any provision of this
section, and the transporter is subject to any other penalties
established by law for the violation.
R. The Authority may revoke or suspend the transporter license
of a transporter that the Authority determines knowingly aided or
facilitated a violation of any provision of this section, and the
license holder is subject to any other penalties established in law
for the violation.
S. Vehicles used in the transport of medical marijuana or
medical marijuana product shall be:
1. Insured at or above the legal requirements in this state;
2. Capable of securing medical marijuana during transport; and
3. In possession of a shipping container as defined in Section
427.2 of this title capable of securing all transported products.
T. Prior to the transport of any medical marijuana, medical
marijuana concentrate, or medical marijuana products, an inventory
manifest shall be prepared at the origination point of the medical
marijuana. The inventory manifest shall include the following
information:
1. For the origination point of the medical marijuana:
a. the licensee number for the commercial grower,
processor, or dispensary,
b. the address of origination of transport, and
c. the name and contact information for the originating
licensee;
2. For temporary storage at a medical marijuana transporter
licensed premises or warehouse location that is licensed and
approved by the Authority:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1171
a. the license number for the commercial medical
marijuana grower, medical marijuana processor, or
medical marijuana dispensary,
b. the address of origination of transport,
c. the name and contact information for the originating
licensee, and
d. the license number, physical address, and name and
contact information of the medical marijuana
transporter licensed premises or warehouse location
and notation that the medical marijuana, medical
marijuana concentrate, and medical marijuana products
are being temporarily stored;
3. For the end recipient license holder of the medical
marijuana:
a. the license number for the dispensary, commercial
grower, processor, research facility, or education
facility destination,
b. the address of the destination, and
c. the name and contact information for the destination
licensee;
4. Quantities by weight or unit of each type of medical
marijuana product contained in transport;
5. The date of the transport and the approximate time of
departure;
6. The arrival date and estimated time of arrival;
7. Printed names and signatures of the personnel accompanying
the transport; and
8. Notation of the transporting licensee.
U. 1. A separate inventory manifest shall be prepared for each
licensee receiving the medical marijuana.
2. The transporter agent shall provide the other medical
marijuana business with a copy of the inventory manifest at the time
the product changes hands and after the other licensee prints his or
her name and signs the inventory manifest.
3. A receiving licensee shall refuse to accept any medical
marijuana, medical marijuana concentrate, or medical marijuana
products that are not accompanied by an inventory manifest.
4. Originating and receiving licensees, including medical
marijuana transporter warehouses temporarily storing medical
marijuana, medical marijuana concentrate, and medical marijuana
products, shall maintain copies of inventory manifests and logs of
quantities of medical marijuana received for seven (7) years from
date of receipt.
Added by Laws 2019, c. 11, § 16. Amended by Laws 2021, c. 553, §
18, eff. Nov. 1, 2021; Laws 2022, c. 251, § 16, eff. Nov. 1, 2022;
Laws 2023, c. 168, § 7, eff. Nov. 1, 2023; Laws 2023, c. 322, § 8,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1172
emerg. eff. June 1, 2023; Laws 2024, c. 452, § 140, emerg. eff. June
14, 2024; Laws 2025, c. 388, § 1, emerg. eff. May 26, 2025.
NOTE: Laws 2021, c. 584, § 10 repealed by Laws 2022, c. 228, § 35,
emerg. eff. May 5, 2022.
§63-427.17. See the following versions:
OS 63-427.17v1 (SB 2038, Laws 2024, c. 452, § 142).
OS 63-427.17v2 (SB 1635, Laws 2024, c. 447, § 4).
§63-427.17a. Quality assurance laboratory — Compliance testing of
businesses.
A. The Oklahoma Medical Marijuana Authority may operate a
quality assurance laboratory for the purpose of conducting
compliance testing of medical marijuana businesses licensed in this
state.
B. The Authority shall utilize the quality assurance laboratory
to:
1. Provide recommendations for all equipment and standards to
be utilized by licensed medical marijuana testing laboratories when
testing samples of medical marijuana, medical marijuana concentrate,
and medical marijuana products;
2. Provide standardized operating procedures when procuring,
collecting, extracting, and testing medical marijuana, medical
marijuana concentrate, and medical marijuana products;
3. Procure, handle, transfer, transport, and test samples taken
from medical marijuana licensed businesses;
4. Implement the secret shopper program pursuant to Section
427.25 of Title 63 of the Oklahoma Statutes; and
5. Detect and analyze any compounds that are not among the
targeted analytes and are unknown, unidentified, tentatively
identified, or known and injurious to human health if consumed.
C. In order to fulfill the provisions of subsection A of this
section, the Authority may:
1. Enter into interlocal agreements with any other government
agency pursuant to Section 1001 et seq. of Title 74 of the Oklahoma
Statutes;
2. Select a laboratory information system through a competitive
bidding process pursuant to Section 85.7 of Title 74 of the Oklahoma
Statutes; or
3. Collect samples from harvest batches that failed testing.
D. The quality assurance laboratory may transport and transfer
medical marijuana, medical marijuana concentrate, and medical
marijuana product for testing between the originating medical
marijuana business, the quality assurance laboratory, and other
licensed medical marijuana testing laboratories pursuant to this
section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1173
E. The quality assurance laboratory shall comply with the
provisions of the Oklahoma Medical Marijuana and Patient Protection
Act when transporting samples of medical marijuana, medical
marijuana concentrate, and medical marijuana product for testing
between the originating medical marijuana business, the quality
assurance laboratory, and other licensed medical marijuana testing
laboratories pursuant to this section. Nothing in this section
shall require the quality assurance laboratory to apply for and
receive a license.
F. The Authority shall submit an annual report to the
Legislature on quality assurance activities and results.
G. The Authority may promulgate rules necessary for the
implementation of a quality assurance laboratory pursuant to this
section.
Added by Laws 2023, c. 322, § 10, emerg. eff. June 1, 2023.
§63-427.17v1. Medical marijuana testing laboratory license –
Requirements.
A. There is hereby created a medical marijuana testing
laboratory license as a category of the medical marijuana business
license. The Oklahoma Medical Marijuana Authority, the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma
State Bureau of Investigation, and the Attorney General are hereby
enabled to monitor, inspect and audit a licensed testing laboratory
under the Oklahoma Medical Marijuana and Patient Protection Act.
B. The Authority is hereby authorized to operate a quality
assurance laboratory or to contract with a private laboratory for
the purpose of conducting compliance testing of medical marijuana
testing laboratories licensed in this state. Any such laboratory
under contract for compliance testing shall be prohibited from
conducting any other commercial medical marijuana testing in this
state. If the Authority contracts with a private laboratory to
implement the requirements of this section:
1. The laboratory shall not employ, or be owned by, the
following:
a. any individual that has a direct or indirect interest
in a licensed medical marijuana business, or
b. any individual or his or her spouse, parent, child,
spouse of a child, sibling or spouse of a sibling that
has an application for a medical marijuana business
license pending before the Authority or is a member of
the board of directors of a medical marijuana
business, or is an individual financially interested
in any licensee or medical marijuana business located
within this state; and
2. The laboratory and a board or committee comprised of
licensed Oklahoma medical marijuana laboratories currently
Oklahoma Statutes - Title 63. Public Health and Safety Page 1174
accredited by the International Organization for Standardization
(ISO) shall provide to the Authority its recommendations for all
equipment and standards to be utilized by licensed medical marijuana
testing laboratories when testing samples of medical marijuana,
medical marijuana concentrate, and medical marijuana products as
well as standard operating procedures when extracting and testing
medical marijuana, medical marijuana concentrate, and medical
marijuana products. The recommendations shall be submitted to the
Authority no later than June 1, 2023. The Authority shall have
ninety (90) days from the date it receives the recommendations to
promulgate new rules or modify its current rules for laboratory
standards and testing. Beginning June 1, 2024, medical marijuana
testing laboratories renewing their medical marijuana business
license shall be subject to and comply with any new or modified
rules relating to the testing of medical marijuana, medical
marijuana concentrate, and medical marijuana products. The refusal
or failure of a medical marijuana testing laboratory licensee to
comply with new or modified rules relating to laboratory standards
and testing procedures promulgated under the provisions of this
paragraph shall result in the permanent revocation of the medical
marijuana testing laboratory license.
C. The Authority shall develop acceptable testing practices
including, but not limited to, testing, standards, quality control
analysis, equipment certification and calibration, process
validation, and chemical identification and substances used.
D. A person who is a direct beneficial owner of a medical
marijuana dispensary, medical marijuana commercial grower or medical
marijuana processor shall not be an owner of a laboratory.
E. A laboratory and a laboratory applicant shall comply with
all applicable local ordinances including, but not limited to,
zoning, occupancy, licensing and building codes.
F. A separate license shall be required for each specific
laboratory.
G. A medical marijuana testing laboratory license may be issued
to a person who performs testing on medical marijuana and medical
marijuana products for medical marijuana businesses, medical
marijuana research facilities, medical marijuana education
facilities, and testing on marijuana and marijuana products grown or
produced by a patient or caregiver on behalf of a patient, upon
verification of registration. A medical marijuana testing
laboratory may also conduct research related to the development and
improvement of its testing practices and procedures. No state-
approved medical marijuana testing facility shall operate unless a
medical laboratory director is on site during operational hours.
H. Laboratory applicants and licensees shall comply with the
application requirements of this section and shall submit such other
information as required for a medical marijuana business applicant,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1175
in addition to any information the Authority may request for initial
approval and periodic evaluations during the approval period.
I. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrate or medical
marijuana product from a medical marijuana business, medical
marijuana research facility or medical marijuana education facility
for testing purposes only, which purposes may include the provision
of testing services for samples submitted by a medical marijuana
business for product development. The Authority may require a
medical marijuana business to submit a sample of medical marijuana,
medical marijuana concentrate or medical marijuana product to a
medical marijuana testing or quality assurance laboratory upon
demand.
J. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrate or medical
marijuana product from an individual person for testing only under
the following conditions:
1. The individual person is a patient or caregiver pursuant to
the Oklahoma Medical Marijuana and Patient Protection Act or is a
participant in an approved clinical or observational study conducted
by a research facility; and
2. The medical marijuana testing laboratory shall require the
patient or caregiver to produce a valid patient license and current
and valid photo identification.
K. A medical marijuana testing laboratory may transfer samples
to another medical marijuana testing laboratory for testing. All
laboratory reports provided to or by a medical marijuana business or
to a patient or caregiver shall identify the medical marijuana
testing laboratory that actually conducted the test.
L. A medical marijuana testing laboratory may utilize a
licensed medical marijuana transporter to transport samples of
medical marijuana, medical marijuana concentrate and medical
marijuana product for testing, in accordance with the Oklahoma
Medical Marijuana and Patient Protection Act and the rules adopted
pursuant thereto, between the originating medical marijuana business
requesting testing services and the destination laboratory
performing testing services.
M. The medical marijuana testing laboratory shall establish
policies to prevent the existence of or appearance of undue
commercial, financial or other influences that may diminish the
competency, impartiality and integrity of the testing processes or
results of the laboratory, or that may diminish public confidence in
the competency, impartiality and integrity of the testing processes
or results of the laboratory. At a minimum, employees, owners or
agents of a medical marijuana testing laboratory who participate in
any aspect of the analysis and results of a sample are prohibited
from improperly influencing the testing process, improperly
Oklahoma Statutes - Title 63. Public Health and Safety Page 1176
manipulating data or improperly benefiting from any ongoing
financial, employment, personal or business relationship with the
medical marijuana business that provided the sample. A medical
marijuana testing laboratory shall not test samples for any medical
marijuana business in which an owner, employee or agent of the
medical marijuana testing laboratory has any form of ownership or
financial interest in the medical marijuana business.
N. The Authority, pursuant to rules promulgated by the
Executive Director of the Authority, shall develop standards,
policies and procedures as necessary for:
1. The cleanliness and orderliness of a laboratory premises and
the location of the laboratory in a secure location, and inspection,
cleaning and maintenance of any equipment or utensils used for the
analysis of test samples;
2. Testing procedures, testing standards for cannabinoid and
terpenoid potency and safe levels of contaminants, process
validation, and remediation procedures. Process validation shall be
voluntary, and no licensee shall be required to validate their
process. The Authority shall develop standards and requirements for
a licensee to achieve process validation by January 1, 2024. The
standards, policies, and procedures for process validation shall
include, but not be limited to:
a. initial requirements to achieve process validation and
ongoing minimum testing requirements once a licensee
has achieved process validation,
b. requiring licensees to track their marijuana and
marijuana product inventory with the Authority’s
designated seed-to-sale system provided the Authority
has selected a seed-to-sale system. This requirement
for compliance with the seed-to-sale system shall be
mandatory for licensees seeking to achieve process
validation whether or not compliance with a seed-to-
sale system is mandatory for all licensees,
c. requiring licensees that are utilizing process
validation to use a laboratory that is certified as a
certified process validation testing laboratory,
d. requiring licensees to record and document retention
policies, which at a minimum shall require licensees
to retain all documents and records related to process
validation. Such records shall be maintained by the
licensee for as long as the licensee is continuing to
operate under that validated process. Licensees shall
retain all such documents and records for at least
four (4) years after the licensee has stopped using
the validated process or after the licensee has made a
significant process change to a validated process.
Any significant process change to the validated
Oklahoma Statutes - Title 63. Public Health and Safety Page 1177
processes of a licensee is subject to the same
document retention requirements and shall be retained
for as long as the significant process change is part
of an ongoing validated process, and for at least four
(4) years after the licensee has stopped using the
validated process or after the licensee has made a
subsequent significant process change to the validated
process. The Authority shall promulgate rules for any
modifications to the validated processes,
e. requiring licensees to keep all records and documents
related to their process validation ready and
accessible at the address listed on their marijuana
business license for inspection or audit by the
Authority without any notice from the Authority,
f. a process for biannual inspections by the Authority
that, at a minimum, includes random testing of
products being produced under process validation. The
Authority shall be the entity that obtains the random
sample during the biannual inspections and shall have
access to all products being produced or grown under
process validation. The Authority shall take samples
to the quality assurance laboratory,
g. a process to revoke the authority of licensees to
operate under process validation,
h. punishment for violations of process validation that,
at a minimum, would prohibit a licensee from operating
under process validation for five (5) years and the
assessment of a fine not to exceed Fifty Thousand
Dollars ($50,000.00). Any such fine levied against a
licensee found to have violated the laws or rules of
process validation shall be remitted to the Department
of Mental Health and Substance Abuse Services,
i. punishment for violations if an adulterated product
that was produced under process validation fails
testing and the batch or lot has been sold to a
dispensary, the first violation shall be the
assessment of a fine not to exceed Ten Thousand
Dollars ($10,000.00) and a public recall of the
product. The licensee shall further be required to
revalidate the process. A second violation within two
(2) years of a previous violation shall be the
assessment of a fine not to exceed Seventy-five
Thousand Dollars ($75,000.00) and a public recall of
the product. The licensee shall further be prohibited
from utilizing process validation for a minimum of
five (5) years. A third violation within two (2)
years of a previous violation shall be the assessment
Oklahoma Statutes - Title 63. Public Health and Safety Page 1178
of a fine of Two Hundred Fifty Thousand Dollars
($250,000.00) and a public recall of the product. The
licensee shall further be prohibited from utilizing
process validation,
j. any willful violation of process validation shall
result in the assessment of a fine of Two Hundred
Fifty Thousand Dollars ($250,000.00) and a license
revocation hearing. A second willful violation of
process validation shall result in the assessment of a
fine of One Million Dollars ($1,000,000.00) and a
hearing to permanently revoke the license,
k. an annual registration fee of Five Thousand Dollars
($5,000.00) per licensee, in addition to any other
fees due by the licensee, to be deposited in the
Oklahoma Medical Marijuana Authority Revolving Fund
for the enforcement of the laws and regulations of the
Authority,
l. establishing criteria for eligibility of testing
laboratories to be certified as a Certified Process
Validation Testing Laboratory and to conduct testing
for licensees pursuing or operating under process
validation. The criteria shall, at a minimum, pass
five (5) consecutive blind proficiency tests without a
failure over the course of six (6) months. The
proficiency tests shall be administered by the quality
assurance laboratory,
m. punishment for violations by a Certified Process
Validation Testing Laboratory that has been found to
have been falsifying data, providing misinformation,
or any unethical practices related to process
validation at a minimum shall prohibit a licensee from
operating under process validation for up to twenty-
five (25) years and the assessment of a fine not to
exceed One Million Dollars ($1,000,000.00). Any such
fine levied against a licensee shall be remitted to
the Authority for deposit into the Oklahoma Medical
Marijuana Authority Revolving Fund. In addition to
this fine, in response to a finding of a willful
violation of process validation by the Authority, the
Authority shall also be authorized to collect, levy,
or impose any other fee, fine, penalty, or action as
allowed by law, and
n. a process to revoke the certification of a testing
laboratory that is seeking to be a Certified Process
Validation Testing Laboratory;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1179
3. Controlled access areas for storage of medical marijuana and
medical marijuana product test samples, waste and reference
standards;
4. Records to be retained and computer systems to be utilized
by the laboratory;
5. The possession, storage and use by the laboratory of
reagents, solutions and reference standards;
6. A certificate of analysis (COA) for each lot of reference
standard;
7. The transport and disposal of unused marijuana, marijuana
products and waste;
8. The mandatory use by a laboratory of an inventory tracking
system to ensure all harvest and production batches or samples
containing medical marijuana, medical marijuana concentrate or
medical marijuana products are identified and tracked from the point
they are transferred from a medical marijuana business, a patient or
a caregiver through the point of transfer, destruction or disposal.
The inventory tracking system reporting shall include the results of
any tests that are conducted on medical marijuana, medical marijuana
concentrate or medical marijuana product;
9. Standards of performance;
10. The employment of laboratory personnel;
11. A written standard operating procedure manual to be
maintained and updated by the laboratory;
12. The successful participation in a proficiency testing
program approved by the Executive Director for each testing category
listed in this section, in order to obtain and maintain
certification;
13. The establishment of and adherence to a quality assurance
and quality control program to ensure sufficient monitoring of
laboratory processes and quality of results reported;
14. The immediate recall of medical marijuana or medical
marijuana products that test above allowable thresholds or are
otherwise determined to be unsafe;
15. The establishment by the laboratory of a system to document
the complete chain of custody for samples from receipt through
disposal;
16. The establishment by the laboratory of a system to retain
and maintain all required records, including business records, and
processes to ensure results are reported in a timely and accurate
manner; and
17. Any other aspect of laboratory testing of medical marijuana
or medical marijuana product deemed necessary by the Executive
Director.
O. A medical marijuana testing laboratory shall promptly
provide the Authority or designee of the Authority access to a
report of a test and any underlying data that is conducted on a
Oklahoma Statutes - Title 63. Public Health and Safety Page 1180
sample at the request of a medical marijuana business or qualified
patient. A medical marijuana testing laboratory shall also provide
access to the Authority or designee of the Authority to laboratory
premises and to any material or information requested by the
Authority to determine compliance with the requirements of this
section.
P. A medical marijuana testing laboratory shall retain all
results of laboratory tests conducted on marijuana or products for a
period of at least seven (7) years and shall make them available to
the Authority upon request.
Q. A medical marijuana testing laboratory shall test samples
from each harvest batch or, product batch, or samples consistent
with the rules promulgated for process validation, as appropriate,
of medical marijuana, medical marijuana concentrate and medical
marijuana product for each of the following categories of testing,
consistent with standards developed by the Executive Director:
1. Microbials;
2. Mycotoxins;
3. Residual solvents;
4. Pesticides;
5. Tetrahydrocannabinol (THC) and other cannabinoid potency;
6. Terpenoid type and concentration; and
7. Heavy metals.
R. A licensed medical marijuana testing laboratory shall test
each individual harvest batch. A grower shall separate each harvest
lot of usable marijuana into harvest batches containing no more than
fifteen (15) pounds, with the exception of any plant material to be
sold to a licensed processor for the purposes of turning the plant
material into concentrate which may be separated into harvest
batches of no more than fifty (50) pounds. A processor shall
separate each medical marijuana production lot into production
batches containing no more than four (4) liters of concentrate or
nine (9) pounds for nonliquid products, and for final products, the
Oklahoma Medical Marijuana Authority shall be authorized to
promulgate rules on final products as necessary. Provided, however,
the Authority shall not require testing of final products less often
than every one thousand (1,000) grams of THC. As used in this
subsection, “final products” shall include, but not be limited to,
cookies, brownies, candies, gummies, beverages and chocolates.
S. Medical marijuana testing laboratory licensure shall be
contingent upon successful on-site inspection, successful
participation in proficiency testing and ongoing compliance with the
applicable requirements in this section.
T. A medical marijuana testing laboratory shall be inspected
prior to initial licensure and up to two (2) times per year
thereafter by an inspector approved by the Authority. The Authority
may enter the licensed premises of a testing laboratory to conduct
Oklahoma Statutes - Title 63. Public Health and Safety Page 1181
investigations and additional inspections when the Authority
believes an investigation or additional inspection is necessary due
to a possible violation of applicable laws, rules or regulations.
U. Medical marijuana testing laboratories shall obtain
accreditation by an accrediting body approved by the Executive
Director or the Authority’s quality assurance laboratory within one
(1) year of the date the initial license is issued. Renewal of any
medical marijuana testing laboratory license shall be contingent
upon accreditation in accordance with this subsection. All medical
marijuana testing laboratories shall obtain accreditation prior to
applying for and receiving a medical marijuana testing laboratory
license.
V. Unless authorized by the provisions of this section, a
commercial grower shall not transfer or sell medical marijuana and a
processor shall not transfer, sell or process into a concentrate or
product any medical marijuana, medical marijuana concentrate or
medical marijuana product unless samples from each harvest batch or,
production batch, or samples consistent with the rules promulgated
for process validation, from which that medical marijuana, medical
marijuana concentrate or medical marijuana product was derived has
been tested by a medical marijuana testing laboratory and passed all
contaminant tests required by the Oklahoma Medical Marijuana and
Patient Protection Act and applicable laws, rules and regulations.
A licensed commercial grower may transfer medical marijuana that has
failed testing to a licensed processor only for the purposes of
decontamination or remediation and only in accordance with the
provisions of the Oklahoma Medical Marijuana and Patient Protection
Act and the rules and regulations promulgated by the Executive
Director. Remediated and decontaminated medical marijuana may be
returned only to the originating licensed commercial grower.
W. Kief shall not be transferred or sold except as authorized
in the rules and regulations promulgated by the Executive Director.
Added by Laws 2019, c. 11, § 17. Amended by Laws 2019, c. 312, § 4,
emerg. eff. May 7, 2019; Laws 2021, c. 553, § 19, eff. Nov. 1, 2021;
Laws 2022, c. 251, § 17, eff. Nov. 1, 2022; Laws 2022, c. 351, § 1,
emerg. eff. May 26, 2022; Laws 2024, c. 452, § 142, emerg. eff. June
14, 2024.
§63-427.17v2. Medical marijuana testing laboratory license –
Requirements.
A. There is hereby created a medical marijuana testing
laboratory license as a category of the medical marijuana business
license. The Oklahoma Medical Marijuana Authority, the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma
State Bureau of Investigation, and the Attorney General are hereby
enabled to monitor, inspect and audit a licensed testing laboratory
under the Oklahoma Medical Marijuana and Patient Protection Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1182
B. The Authority is hereby authorized to operate a quality
assurance laboratory or to contract with a private laboratory for
the purpose of conducting compliance testing of medical marijuana
testing laboratories licensed in this state. Any such laboratory
under contract for compliance testing shall be prohibited from
conducting any other commercial medical marijuana testing in this
state. If the Authority contracts with a private laboratory to
implement the requirements of this section:
1. The laboratory shall not employ, or be owned by, the
following:
a. any individual that has a direct or indirect interest
in a licensed medical marijuana business, or
b. any individual or his or her spouse, parent, child,
spouse of a child, sibling or spouse of a sibling that
has an application for a medical marijuana business
license pending before the Authority or is a member of
the board of directors of a medical marijuana
business, or is an individual financially interested
in any licensee or medical marijuana business located
within this state; and
2. The laboratory and a board or committee comprised of
licensed Oklahoma medical marijuana laboratories currently
accredited by the International Organization for Standardization
(ISO) shall provide to the Authority its recommendations for all
equipment and standards to be utilized by licensed medical marijuana
testing laboratories when testing samples of medical marijuana,
medical marijuana concentrate, and medical marijuana products as
well as standard operating procedures when extracting and testing
medical marijuana, medical marijuana concentrate, and medical
marijuana products. The recommendations shall be submitted to the
Authority no later than June 1, 2023. The Authority shall have
ninety (90) days from the date it receives the recommendations to
promulgate new rules or modify its current rules for laboratory
standards and testing. Beginning June 1, 2024, medical marijuana
testing laboratories renewing their medical marijuana business
license shall be subject to and comply with any new or modified
rules relating to the testing of medical marijuana, medical
marijuana concentrate, and medical marijuana products. The refusal
or failure of a medical marijuana testing laboratory licensee to
comply with new or modified rules relating to laboratory standards
and testing procedures promulgated under the provisions of this
paragraph shall result in the permanent revocation of the medical
marijuana testing laboratory license.
C. The Authority shall develop acceptable testing practices
including, but not limited to, testing, standards, quality control
analysis, equipment certification and calibration, and chemical
identification and substances used.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1183
D. A person who is a direct beneficial owner of a medical
marijuana dispensary, medical marijuana commercial grower or medical
marijuana processor shall not be an owner of a laboratory.
E. A laboratory and a laboratory applicant shall comply with
all applicable local ordinances including, but not limited to,
zoning, occupancy, licensing and building codes.
F. A separate license shall be required for each specific
laboratory.
G. A medical marijuana testing laboratory license may be issued
to a person who performs testing on medical marijuana and medical
marijuana products for medical marijuana businesses, medical
marijuana research facilities, medical marijuana education
facilities, and testing on marijuana and marijuana products grown or
produced by a patient or caregiver on behalf of a patient, upon
verification of registration. A medical marijuana testing
laboratory may also conduct research related to the development and
improvement of its testing practices and procedures. No state-
approved medical marijuana testing facility shall operate unless a
medical laboratory director is on site during operational hours.
H. Laboratory applicants and licensees shall comply with the
application requirements of this section and shall submit such other
information as required for a medical marijuana business applicant,
in addition to any information the Authority may request for initial
approval and periodic evaluations during the approval period.
I. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrate or medical
marijuana product from a medical marijuana business, medical
marijuana research facility or medical marijuana education facility
for testing purposes only, which purposes may include the provision
of testing services for samples submitted by a medical marijuana
business for product development. The Authority may require a
medical marijuana business to submit a sample of medical marijuana,
medical marijuana concentrate or medical marijuana product to a
medical marijuana testing or quality assurance laboratory upon
demand.
J. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrate or medical
marijuana product from an individual person for testing only under
the following conditions:
1. The individual person is a patient or caregiver pursuant to
the Oklahoma Medical Marijuana and Patient Protection Act or is a
participant in an approved clinical or observational study conducted
by a research facility; and
2. The medical marijuana testing laboratory shall require the
patient or caregiver to produce a valid patient license and current
and valid photo identification.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1184
K. A medical marijuana testing laboratory may transfer samples
to another medical marijuana testing laboratory for testing. All
laboratory reports provided to or by a medical marijuana business or
to a patient or caregiver shall identify the medical marijuana
testing laboratory that actually conducted the test.
L. A medical marijuana testing laboratory may utilize a
licensed medical marijuana transporter to transport samples of
medical marijuana, medical marijuana concentrate and medical
marijuana product for testing, in accordance with the Oklahoma
Medical Marijuana and Patient Protection Act and the rules adopted
pursuant thereto, between the originating medical marijuana business
requesting testing services and the destination laboratory
performing testing services.
M. The medical marijuana testing laboratory shall establish
policies to prevent the existence of or appearance of undue
commercial, financial or other influences that may diminish the
competency, impartiality and integrity of the testing processes or
results of the laboratory, or that may diminish public confidence in
the competency, impartiality and integrity of the testing processes
or results of the laboratory. At a minimum, employees, owners or
agents of a medical marijuana testing laboratory who participate in
any aspect of the analysis and results of a sample are prohibited
from improperly influencing the testing process, improperly
manipulating data or improperly benefiting from any ongoing
financial, employment, personal or business relationship with the
medical marijuana business that provided the sample. A medical
marijuana testing laboratory shall not test samples for any medical
marijuana business in which an owner, employee or agent of the
medical marijuana testing laboratory has any form of ownership or
financial interest in the medical marijuana business.
N. The Authority, pursuant to rules promulgated by the
Executive Director of the Authority, shall develop standards,
policies and procedures as necessary for:
1. The cleanliness and orderliness of a laboratory premises and
the location of the laboratory in a secure location, and inspection,
cleaning and maintenance of any equipment or utensils used for the
analysis of test samples;
2. Testing procedures, testing standards for cannabinoid and
terpenoid potency and safe levels of contaminants, and remediation
procedures;
3. Controlled access areas for storage of medical marijuana and
medical marijuana product test samples, waste and reference
standards;
4. Records to be retained and computer systems to be utilized
by the laboratory;
5. The possession, storage and use by the laboratory of
reagents, solutions and reference standards;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1185
6. A certificate of analysis (COA) for each lot of reference
standard;
7. The transport and disposal of unused marijuana, marijuana
products and waste;
8. The mandatory use by a laboratory of an inventory tracking
system to ensure all harvest and production batches or samples
containing medical marijuana, medical marijuana concentrate or
medical marijuana products are identified and tracked from the point
they are transferred from a medical marijuana business, a patient or
a caregiver through the point of transfer, destruction or disposal.
The inventory tracking system reporting shall include the results of
any tests that are conducted on medical marijuana, medical marijuana
concentrate or medical marijuana product;
9. Standards of performance;
10. The employment of laboratory personnel;
11. A written standard operating procedure manual to be
maintained and updated by the laboratory;
12. The successful participation in a proficiency testing
program approved by the Executive Director for each testing category
listed in this section, in order to obtain and maintain
certification;
13. The establishment of and adherence to a quality assurance
and quality control program to ensure sufficient monitoring of
laboratory processes and quality of results reported;
14. The immediate recall of medical marijuana or medical
marijuana products that test above allowable thresholds or are
otherwise determined to be unsafe;
15. The establishment by the laboratory of a system to document
the complete chain of custody for samples from receipt through
disposal;
16. The establishment by the laboratory of a system to retain
and maintain all required records, including business records, and
processes to ensure results are reported in a timely and accurate
manner; and
17. Any other aspect of laboratory testing of medical marijuana
or medical marijuana product deemed necessary by the Executive
Director.
O. A medical marijuana testing laboratory shall promptly
provide the Authority or designee of the Authority access to a
report of a test and any underlying data that is conducted on a
sample at the request of a medical marijuana business or qualified
patient. A medical marijuana testing laboratory shall also provide
access to the Authority or designee of the Authority to laboratory
premises and to any material or information requested by the
Authority to determine compliance with the requirements of this
section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1186
P. A medical marijuana testing laboratory shall retain all
results of laboratory tests conducted on marijuana or products for a
period of at least seven (7) years and shall make them available to
the Authority upon request.
Q. A medical marijuana testing laboratory shall test samples
from each final product harvest batch or final product batch, as
appropriate, of medical marijuana, medical marijuana concentrate and
medical marijuana product for each of the following categories of
testing, consistent with standards developed by the Executive
Director:
1. Microbials;
2. Mycotoxins;
3. Residual solvents;
4. Pesticides;
5. Tetrahydrocannabinol (THC) and other cannabinoid potency;
6. Terpenoid type and concentration; and
7. Heavy metals.
R. A licensed medical marijuana testing laboratory shall test
each final product batch. A grower shall separate each harvest of
usable marijuana into final harvest batches containing no more than
fifteen (15) pounds, with the exception of any plant material to be
sold to a licensed processor for the purposes of turning the plant
material into concentrate which may be separated into final harvest
batches of no more than fifty (50) pounds. A processor shall
separate each medical marijuana production lot into final production
batches containing no more than four (4) liters of concentrate or
nine (9) pounds for nonliquid products, and for final edible
products, the Oklahoma Medical Marijuana Authority shall be
authorized to promulgate rules on final products as necessary.
Provided, however, the Authority shall not require testing of final
products less often than every one thousand (1,000) grams of THC.
As used in this subsection, “final edible products” shall include,
but not be limited to, cookies, brownies, candies, gummies,
beverages and chocolates.
S. Medical marijuana testing laboratory licensure shall be
contingent upon successful on-site inspection, successful
participation in proficiency testing and ongoing compliance with the
applicable requirements in this section.
T. A medical marijuana testing laboratory shall be inspected
prior to initial licensure and up to two (2) times per year
thereafter by an inspector approved by the Authority. The Authority
may enter the licensed premises of a testing laboratory to conduct
investigations and additional inspections when the Authority
believes an investigation or additional inspection is necessary due
to a possible violation of applicable laws, rules or regulations.
U. Medical marijuana testing laboratories shall obtain
accreditation by an accrediting body approved by the Executive
Oklahoma Statutes - Title 63. Public Health and Safety Page 1187
Director or the Authority's quality assurance laboratory within one
(1) year of the date the initial license is issued. Renewal of any
medical marijuana testing laboratory license shall be contingent
upon accreditation in accordance with this subsection. All medical
marijuana testing laboratories shall obtain accreditation prior to
applying for and receiving a medical marijuana testing laboratory
license.
V. Unless authorized by the provisions of this section, a
commercial grower shall not transfer or sell medical marijuana and a
processor shall not transfer, sell or process into a concentrate or
product any medical marijuana, medical marijuana concentrate or
medical marijuana product unless samples from each final harvest
batch or final production batch from which that medical marijuana,
medical marijuana concentrate or medical marijuana product was
derived has been tested by a medical marijuana testing laboratory
and passed all contaminant tests required by the Oklahoma Medical
Marijuana and Patient Protection Act and applicable laws, rules and
regulations. A licensed commercial grower may transfer medical
marijuana that has failed testing to a licensed processor in
accordance with the provisions of the Oklahoma Medical Marijuana and
Patient Protection Act and the rules and regulations promulgated by
the Executive Director.
W. Kief shall not be transferred or sold except as authorized
in the rules and regulations promulgated by the Executive Director.
X. A licensed commercial grower or licensed processor shall not
transfer any product to a licensed medical marijuana dispensary
until the product has undergone final product testing. Laboratory
testing that meets all contaminant tests and applicable laws, rules,
and regulations required by the Oklahoma Medical Marijuana and
Patient Protection Act shall only be required when the final product
is completed and prior to transfer to a licensed medical marijuana
dispensary, licensed medical marijuana patient, or licensed medical
marijuana caregiver.
Added by Laws 2019, c. 11, § 17. Amended by Laws 2019, c. 312, § 4,
emerg. eff. May 7, 2019; Laws 2021, c. 553, § 19, eff. Nov. 1, 2021;
Laws 2022, c. 251, § 17, eff. Nov. 1, 2022; Laws 2022, c. 353, § 1,
emerg. eff. May 26, 2022; Laws 2023, c. 168, § 8, eff. Nov. 1, 2023;
Laws 2023, c. 322, § 9, emerg. eff. June 1, 2023; Laws 2024, c. 447,
§ 4, emerg. eff. June 14, 2024.
NOTE: Laws 2023, c. 322, § 9 was purportedly repealed by Laws 2024,
c. 452, § 143 but without reference to Laws 2024, c. 447, § 4, which
amended it.
§63-427.18. Packaging and labeling requirements.
A. A medical marijuana business shall not sell, transfer or
otherwise distribute medical marijuana or medical marijuana product
that has not been packaged and labeled in accordance with this
Oklahoma Statutes - Title 63. Public Health and Safety Page 1188
section and rules promulgated by the Executive Director of the
Oklahoma Medical Marijuana Authority.
B. A medical marijuana dispensary shall return medical
marijuana and medical marijuana product that does not meet packaging
or labeling requirements in this section or rules promulgated
pursuant thereto to the entity who transferred it to the dispensary.
The medical marijuana dispensary shall document to whom the item was
returned, what was returned, and the date of the return, or dispose
of any usable marijuana that does not meet these requirements in
accordance with the Oklahoma Medical Marijuana and Patient
Protection Act.
C. 1. Medical marijuana packaging shall be packaged to
minimize its appeal to children and shall not depict images other
than the business name logo of the medical marijuana producer and
image of the product.
2. A medical marijuana business shall not place any content on
a container in a manner that reasonably appears to target
individuals under the age of twenty-one (21) including, but not
limited to, cartoon characters or similar images.
3. Labels on a container shall not include any false or
misleading statements.
4. No container shall be intentionally or knowingly labeled so
as to cause a reasonable patient confusion as to whether the medical
marijuana, medical marijuana concentrate or medical marijuana
product is a trademarked product or labeled in a manner that
violates any federal trademark law or regulation. The label on the
container shall include a warning that states the following:
a. “For use by licensed medical marijuana patients only”,
b. “Keep out of reach of children”,
c. “It is illegal to drive a motor vehicle while under
the influence of marijuana or marijuana products”,
d. “Women should not use marijuana or marijuana products
during pregnancy because of the risk of birth
defects”, and
e. “This product has been tested for contaminants”.
5. The label on the container shall not make any claims
regarding health or physical benefits to the patient.
6. The container itself may be clear in order to allow licensed
medical marijuana patients and licensed medical marijuana caregivers
the ability to view the product inside the container but shall be
child-resistant, as defined in Section 427.2 of this title.
7. At the point of sale and transfer of any medical marijuana,
medical marijuana concentrate, or medical marijuana products to a
licensed medical marijuana patient or licensed medical marijuana
caregiver, the dispensary shall place the medical marijuana, medical
marijuana concentrate, or medical marijuana products in an exit
package, as such term is defined in Section 427.2 of this title.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1189
D. The Executive Director shall develop minimum standards for
packaging and labeling of medical marijuana, medical marijuana
concentrate, and medical marijuana products. Such standards shall
include, but not be limited to, the required contents of labels to
be affixed to all medical marijuana, medical marijuana concentrate,
and medical marijuana products prior to transfer to a licensed
patient or caregiver, which shall include, at a minimum:
1. THC and other cannabinoid potency, and terpenoid potency;
2. A statement indicating that the product has been tested for
contaminants;
3. One or more product warnings to be determined by the
Executive Director; and
4. Any other information the Executive Director deems
necessary.
Added by Laws 2019, c. 11, § 18. Amended by Laws 2021, c. 553, §
20, eff. Nov. 1, 2021; Laws 2022, c. 141, § 2, eff. Nov. 1, 2022;
Laws 2024, c. 452, § 144, emerg. eff. June 14, 2024; Laws 2025, c.
272, § 1, eff. Nov. 1, 2025.
§63-427.19. Medical marijuana research license - Requirements.
A. A medical marijuana research license may be issued to a
person to grow, cultivate, possess and transfer, by sale or
donation, marijuana pursuant to the Oklahoma Medical Marijuana and
Patient Protection Act for the limited research purposes identified
in this section.
B. The annual fee for a medical marijuana research license
shall be Five Hundred Dollars ($500.00) and shall be payable by an
applicant for a medical marijuana research license upon submission
of his or her application to the Oklahoma Medical Marijuana
Authority.
C. A medical marijuana research license may be issued for the
following research purposes:
1. To test chemical potency and composition levels;
2. To conduct clinical investigations of marijuana-derived
medicinal products;
3. To conduct research on the efficacy and safety of
administering marijuana as part of medical treatment;
4. To conduct genomic, horticultural or agricultural research;
and
5. To conduct research on marijuana-affiliated products or
systems.
D. 1. As part of the application process for a medical
marijuana research license, an applicant shall submit to the
Authority a description of the research that the applicant intends
to conduct and whether the research will be conducted with a public
institution or using public money. If the research will not be
conducted with a public institution or with public money, the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1190
Authority shall grant the application if it determines that the
applicant meets the criteria in this section.
2. If the research will be conducted with a public institution
or public money, the Authority shall review the research project of
the applicant to determine if it meets the requirements of this
section and to assess the following:
a. the quality, study design, value or impact of the
project,
b. whether the applicant has the appropriate personnel,
expertise, facilities, infrastructure, funding and
human, animal or other approvals in place to
successfully conduct the project, and
c. whether the amount of marijuana to be grown by the
applicant is consistent with the scope and goals of
the project.
3. If the Authority determines that the research project does
not meet the requirements of this section or assesses the criteria
to be inadequate, the application shall be denied.
E. A medical marijuana research licensee may only transfer, by
sale or donation, marijuana grown within its operation to other
medical marijuana research licensees. The Authority may revoke a
medical marijuana research license for violations of this section
and any other violation of the Oklahoma Medical Marijuana and
Patient Protection Act.
F. A medical marijuana research licensee may contract to
perform research in conjunction with a public higher education
research institution or another medical marijuana research licensee.
G. The growing, cultivating, possessing or transferring, by
sale or donation, of marijuana in accordance with this section and
the rules promulgated pursuant thereto, by a medical marijuana
research licensee shall not be a criminal or civil offense under
state law. A medical marijuana research license shall be issued in
the name of the applicant and shall specify the location in this
state at which the medical marijuana research licensee intends to
operate. A medical marijuana research licensee shall not allow any
other person to exercise the privilege of the license.
H. If the research conducted includes a public institution or
public money, the Authority shall review any reports made by medical
marijuana research licensees under state licensing authority rule
and provide the Authority with its determination on whether the
research project continues to meet research qualifications pursuant
to this section.
I. Submission of an application for a medical marijuana
research license shall constitute permission for entry to and
inspection of the facility of the medical marijuana research
licensee during hours of operation and other reasonable times.
Refusal to permit such entry for inspection shall constitute grounds
Oklahoma Statutes - Title 63. Public Health and Safety Page 1191
for the nonrenewal, suspension, or revocation of the medical
marijuana research license. The Authority, the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State
Bureau of Investigation, and the Attorney General may perform an
unannounced, on-site inspection of the operations and any facility
of the medical marijuana research licensee. If the Authority
receives a complaint concerning noncompliance by a medical marijuana
research licensee, the Authority, the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of
Investigation, and the Attorney General may conduct additional
unannounced, on-site inspections beyond the required biannual
inspections provided for in Section 427.6 of this title. The
Authority shall refer all complaints alleging criminal activity that
are made against a licensed medical marijuana research facility to
appropriate state or local law enforcement authorities.
Added by Laws 2019, c. 11, § 19. Amended by Laws 2021, c. 553, §
21, eff. Nov. 1, 2021; Laws 2022, c. 251, § 19, eff. Nov. 1, 2022;
Laws 2023, c. 168, § 9, eff. Nov. 1, 2023.
§63-427.20. Medical marijuana education facility license -
Requirements.
A. There is hereby created a medical marijuana education
facility license.
B. A medical marijuana education facility license may be issued
to a person to possess or cultivate marijuana for the limited
education and research purposes identified in this section.
C. A medical marijuana education facility license may only be
granted to a not-for-profit organization structured under Section
501(c)(3) of the Internal Revenue Code, operating as a not-for-
profit organization in this state registered with the Office of the
Secretary of State.
D. A medical marijuana education facility license may only be
granted upon the submission of an annual fee of Five Hundred Dollars
($500.00) to the Oklahoma Medical Marijuana Authority.
E. A medical marijuana education facility license may be issued
for the following education and research purposes:
1. To test cultivation techniques, strategies, infrastructure,
mediums, lighting and other related technology;
2. To demonstrate cultivation techniques, strategies,
infrastructure, mediums, lighting and other related technology;
3. To demonstrate the application and use of product
manufacturing technologies;
4. To conduct genomic, horticultural or agricultural research;
and
5. To conduct research on marijuana-affiliated products or
systems.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1192
F. As part of the application process for a medical marijuana
education facility license, an applicant shall submit to the
Authority a description of the project and curriculum that the
applicant intends to conduct and whether the project and curriculum
will be conducted with a public institution or using public money.
If the project and curriculum will not be conducted with a public
institution or with public money, the Authority shall grant the
application. If the research will be conducted with a public
institution or public money, the Authority shall review the research
project of the applicant to determine if it meets the requirements
of this section and to assess the following:
1. The quality, study design, value or impact of the project;
2. Whether the applicant has the appropriate personnel,
expertise, facilities, infrastructure, funding and human, animal or
other approvals in place to successfully conduct the project; and
3. Whether the amount of marijuana to be grown by the applicant
is consistent with the scope and goals of the project.
If the Authority determines that the education project does not meet
the requirements of this section or assesses the criteria to be
inadequate, the application shall be denied.
G. A medical marijuana education facility licensee may only
transfer, by sale or donation, marijuana grown within its operation
to medical marijuana research licensees. The Authority may revoke a
medical marijuana education facility license for violations of this
section and any other violation of applicable laws, rules and
regulations.
H. A medical marijuana education facility licensee may contract
to perform research in conjunction with a public higher education
research institution or another research licensee.
I. The growing, cultivating, possessing or transferring, by
sale or donation, of marijuana in accordance with this section and
the rules promulgated pursuant thereto, by a medical marijuana
education facility licensee shall not be a criminal or civil offense
under state law. A medical marijuana education facility license
shall be issued in the name of the applicant and shall specify the
location in this state at which the medical marijuana education
facility licensee intends to operate. A medical marijuana education
facility licensee shall not allow any other person to exercise the
privilege of the license.
J. Submission of an application for a medical marijuana
education facility license shall constitute permission for entry to
and inspection of the facility of the medical marijuana education
facility licensee during hours of operation and other reasonable
times. Refusal to permit such entry for inspection shall constitute
grounds for the nonrenewal, suspension, or revocation of the medical
marijuana education facility license. The Authority, the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma
Oklahoma Statutes - Title 63. Public Health and Safety Page 1193
State Bureau of Investigation, and the Attorney General may perform
an unannounced, on-site inspection of the operations and any
facility of the medical marijuana education facility licensee. If
the Authority receives a complaint concerning noncompliance by a
medical marijuana education facility licensee, the Authority, the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the
Oklahoma State Bureau of Investigation, and the Attorney General may
conduct additional unannounced, on-site inspections beyond the
inspections provided for in Section 427.6 of this title. The
Authority shall refer all complaints alleging criminal activity that
are made against a licensed medical marijuana education facility to
appropriate state or local law enforcement authorities.
Added by Laws 2019, c. 11, § 20. Amended by Laws 2021, c. 553, §
22, eff. Nov. 1, 2021; Laws 2022, c. 251, § 20, eff. Nov. 1, 2022;
Laws 2023, c. 168, § 10, eff. Nov. 1, 2023.
§63-427.21. Advertising restrictions.
A. A medical marijuana business shall not engage in advertising
that is deceptive, false or misleading.
B. Medical marijuana advertising shall not contain any
statement or illustration that:
1. Promotes overconsumption;
2. Represents that the use of marijuana has curative or
therapeutic effects; or
3. Depicts a child or other person under legal age to consume
marijuana, or includes:
a. objects such as toys or cartoon or other characters,
which suggest the presence of a child, or any other
depiction designed in any manner to be especially
appealing to children or other persons under legal age
to consume marijuana, or
b. any manner or design that would be especially
appealing to children or other persons under eighteen
(18) years of age.
C. Upon the effective date of this act, all medical marijuana
commercial grower licensees shall be required to post signage at the
site of the commercial grow operation. Signage shall be located at
the perimeter of the property with dimensions measuring no less than
eighteen (18) inches by twenty-four (24) inches with a font size of
no less than two (2) inches. Information required to be displayed
on the sign shall be in black standardized font on a white
background. The Oklahoma Medical Marijuana Authority shall
promulgate rules as necessary regarding the size, placement,
issuance and specifications of the required signage. The following
information shall be included on the required signage:
1. Business name;
2. Physical address of the licensed business;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1194
3. Phone number of the licensed business; and
4. Medical marijuana business license number.
The required signage shall also comply with county regulations
and local ordinances related to the real property where the
commercial grow operation is located. Failure to erect the proper
signage within sixty (60) days after the renewal of each application
for a medical marijuana commercial grower license in accordance with
the provisions of this subsection shall result in the immediate
revocation of the medical marijuana commercial grower license. Upon
issuance of a temporary license, all medical marijuana commercial
grower licensees shall be required to comply with the provisions of
this subsection prior to the prelicensure inspection conducted by
the Authority.
Added by Laws 2019, c. 11, § 21. Amended by Laws 2019, c. 477, §
10; Laws 2022, c. 329, § 2, eff. Nov. 1, 2022.
§63-427.22. Confidential records.
A. All medical marijuana patient and caregiver records and
information including, but not limited to, any application or
renewal and supporting information submitted by a qualifying patient
or designated caregiver under the provisions of the Oklahoma Medical
Marijuana and Patient Protection Act and information regarding the
physician of the qualifying patient shall be considered confidential
medical records that are exempt from the Oklahoma Open Records Act.
B. The dispensary records with patient information shall be
treated as confidential records that are exempt from the Oklahoma
Open Records Act.
C. All financial information provided by an applicant or a
licensee in an application to the Authority shall be treated as
confidential records that are exempt from the Oklahoma Open Records
Act.
D. All information provided by an applicant or a licensee that
constitutes private business information shall be treated as
confidential records that are exempt from the Oklahoma Open Records
Act.
E. As used in this section, "private business information"
means information that, if disclosed, would give advantage to
competitors or bidders including, but not limited to, information
related to the planning, site location, operations, strategy or
product development and marketing of an applicant, unless approval
for release of those records is granted by the business.
F. All monthly report, inventory tracking and seed-to-sale
information, data and records submitted to the Authority shall be
treated as confidential records and are exempt from the Oklahoma
Open Records Act.
G. Except for license information concerning licensed patients,
the Authority may share confidential information with other state
Oklahoma Statutes - Title 63. Public Health and Safety Page 1195
agencies to assist those agencies in ensuring compliance with
applicable laws, rules and regulations.
Added by Laws 2019, c. 11, § 22. Amended by Laws 2021, c. 553, §
23, eff. Nov. 1, 2021; Laws 2022, c. 251, § 21, eff. Nov. 1, 2022.
§63-427.23. Promulgation of rules to implement provisions of act.
The Executive Director of the Oklahoma Medical Marijuana
Authority, the Oklahoma Tax Commission, the State Treasurer, the
Secretary of State and the Director of the Office of Management and
Enterprise Services shall promulgate rules to implement the
provisions of the Oklahoma Medical Marijuana and Patient Protection
Act.
Added by Laws 2019, c. 11, § 23. Amended by Laws 2019, c. 477, §
11; Laws 2021, c. 553, § 24, eff. Nov. 1, 2021; Laws 2022, c. 251, §
22, eff. Nov. 1, 2022.
§63-427.24. Tagging and embargo of products deemed in violation –
Disposal – Court action to condemn and destroy embargoed products.
A. Whenever an authorized agent of the Oklahoma Medical
Marijuana Authority finds, in whole or in part, that the medical
marijuana or medical marijuana product fails to meet the
requirements of Sections 420 through 426.1 of this title or the
Oklahoma Medical Marijuana and Patient Protection Act as it relates
to health and safety, the medical marijuana or medical marijuana
product is handled in violation of applicable laws or rules and
regulations promulgated by the Executive Director of the Authority,
or the medical marijuana or medical marijuana product may be
poisonous, deleterious to health or is otherwise unsafe, an
electronic or physical tag or other appropriate marking or hold
shall be affixed to the medical marijuana or medical marijuana
product which shall give notice that the medical marijuana or
medical marijuana product is or is suspected of being manufactured,
produced, transferred, sold or offered for sale in violation of
applicable laws or rules and regulations promulgated by the
Executive Director and is embargoed. The notice shall further
provide a warning to all persons not to remove or dispose of the
medical marijuana or medical marijuana product until permission for
removal or disposal is given by the Executive Director. It shall be
unlawful for any person to remove or dispose of the medical
marijuana or medical marijuana product embargoed without permission
by the Executive Director.
B. If the Executive Director finds that medical marijuana or
medical marijuana product embargoed pursuant to subsection A of this
section does not meet the requirements of applicable laws or rules
and regulations promulgated by the Executive Director, or is
poisonous, deleterious to health or otherwise unsafe, the Executive
Director may institute an action in the district court in whose
Oklahoma Statutes - Title 63. Public Health and Safety Page 1196
jurisdiction the medical marijuana or medical marijuana product is
embargoed for the condemnation and destruction of the medical
marijuana or medical marijuana product. If the Executive Director
finds that the medical marijuana or medical marijuana product
embargoed does meet the requirements of applicable laws and the
rules and regulations promulgated by the Executive Director and is
not poisonous, deleterious to health or otherwise unsafe, the
Executive Director shall remove the embargo. In any court
proceeding regarding an embargo, neither the Authority or the
Executive Director shall be held liable if the court finds
reasonable belief for the embargo.
C. Except as otherwise provided in subsection D of this
section, if the court finds that the embargoed medical marijuana or
medical marijuana product, in whole or in part, is in violation of
any applicable laws or rules and regulations promulgated by the
Executive Director or is poisonous, deleterious to health or
otherwise unsafe, the medical marijuana or medical marijuana product
shall be destroyed at the expense of the defendant under the
supervision of the Executive Director. All court costs, fees, costs
of storage and disposal and other proper expenses shall be paid by
the defendant of the medical marijuana or medical marijuana product.
D. The court may order that the medical marijuana or medical
marijuana product be delivered to the defendant for appropriate
labeling or processing under the supervision of the Executive
Director only if:
1. The violation can be corrected by proper processing of
medical marijuana or medical marijuana product;
2. All costs, fees and expenses have been paid; and
3. A sufficient bond is executed and conditioned for
appropriate labeling or processing as the court may require.
The expense of supervision shall be paid to the Executive
Director by the person obtaining release of the medical marijuana or
medical marijuana product under bond.
Added by Laws 2021, c. 553, § 25, eff. Nov. 1, 2021. Amended by
Laws 2022, c. 251, § 23, eff. Nov. 1, 2022.
§63-427.25. Secret shoppers – Laboratory testing – Enforcement.
A. The Oklahoma Medical Marijuana Authority shall implement
rules to employ secret shoppers. Secret shoppers shall purchase
medical marijuana or marijuana products from licensed medical
marijuana dispensaries utilizing cash from the petty cash fund
authorized in Section 5 of this act.
B. The secret shopper shall be authorized to:
1. Purchase an amount of medical marijuana or marijuana
products sufficient for two complete compliance tests; or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1197
2. Attempt to purchase medical marijuana or marijuana products
in order to prove compliance with the Oklahoma Medical Marijuana and
Patient Protection Act or any rule determined by the Authority.
C. Samples collected pursuant to paragraph 1 of subsection B of
this section shall be tested by licensed medical marijuana testing
laboratories, one of which shall be the laboratory of origin, if
applicable, and one of which may be the Authority’s quality
assurance laboratory. One sample shall be kept in reserve by the
Authority in the event of a discrepancy between the testing
laboratories, which may require retesting of the medical marijuana
or marijuana products. When making purchases from a licensed
medical marijuana dispensary, the secret shopper shall ask for the
certificate of analysis for each product purchased.
D. The secret shopper shall deliver the medical marijuana or
marijuana products to a quality assurance laboratory, which may be
the Authority’s quality assurance laboratory, for homogenization.
Once the samples have been homogenized, the samples shall be
delivered to two licensed medical marijuana testing laboratories,
one of which may be the Authority’s quality assurance laboratory,
for compliance testing which shall include the testing for
pesticides, heavy metals, microbials, residual solvents for
extracted products, and potency. One sample shall be kept by the
Authority in reserve. If the medical marijuana or marijuana
products were previously tested with available results from a
licensed medical marijuana testing laboratory, that testing
laboratory shall be one of the licensed medical marijuana testing
laboratories chosen by the Authority. For the avoidance of doubt,
neither the licensed medical marijuana dispensary nor the licensed
medical marijuana testing laboratory shall be told that the business
entity is selling medical marijuana or marijuana products to a
secret shopper or testing samples submitted by a secret shopper
employed by the Authority and posing as a licensed medical marijuana
patient.
E. The Authority shall inspect, by secret shopper, a minimum of
fifty licensed medical marijuana dispensaries annually beginning
January 1, 2024. In the year 2025, the Authority shall inspect, by
secret shopper, a minimum of ten percent (10%) of randomly selected
licensed medical marijuana dispensaries in Oklahoma per year.
F. 1. When the licensed medical marijuana testing laboratories
unanimously confirm test results with safety failures for
contaminants, the Authority shall recall the medical marijuana or
marijuana product within seven (7) days of obtaining the test
results. The name of the licensed medical marijuana dispensary and
any other relevant product information shall be made public via a
press release issued by the Authority. If there is greater than one
contaminant fails among the licensed medical marijuana testing
laboratories, the Authority shall work with a quality assurance
Oklahoma Statutes - Title 63. Public Health and Safety Page 1198
laboratory to verify the results of the licensed medical marijuana
testing laboratories and take appropriate action.
2. When the average of total potency or total terpene results
collected from a licensed medical marijuana testing laboratory for a
particular product is outside the allowable limits, the Authority
shall work with a quality assurance laboratory to verify the results
of the testing laboratory. If results are verified to be outside
the allowable limits, the Authority shall require relabeling of the
medical marijuana or marijuana products.
3. All investigative results shall be retained by the Authority
for a minimum of three (3) years.
4. The Authority shall implement rules to notify any licensed
medical marijuana dispensary and licensed medical marijuana grower
or licensed medical marijuana processor of any investigative results
determined to be noncompliant.
5. After the licensed medical marijuana dispensary and licensed
medical marijuana grower or licensed medical marijuana processor is
notified of the investigative results, such results may be used by
the Authority to take action against the licensee, assess fines, or
assess other civil penalties available to the Authority.
6. The Authority shall implement rules on sharing such
investigative results with any other law enforcement agencies or
regulatory authorities.
7. The Authority may elect to conduct further evaluations of
the investigative results at any time for verification or for other
purposes reasonably related to sanitation, public health, or public
safety.
G. The failure of any licensed medical marijuana business to
cooperate with the provisions of this section may result in the
revocation of the license at the discretion of the Authority.
H. Any secret shopper performing any provision of this section
shall not be required to fulfill licensing requirements of Section
420 of this title for a patient license and shall be able to enter a
dispensary with appropriate authorization as determined by the
Authority.
I. The Authority shall implement rules necessary to enforce the
provisions of this section.
Added by Laws 2022, c. 352, § 1, eff. July 1, 2024. Amended by Laws
2023, c. 322, § 11, emerg. eff. June 1, 2023.
§63-427.26. Bond required for land used in commercial growing
operations.
A. It shall be unlawful for any holder of a medical marijuana
business license pursuant to Section 427.14 of Title 63 of the
Oklahoma Statutes to engage in any commercial growing operations in
this state without acquiring a bond. The bond shall cover that area
Oklahoma Statutes - Title 63. Public Health and Safety Page 1199
of land within the permit area upon which the business licensee will
initiate and conduct commercial growing operations.
B. Every applicant for a commercial grower license or
commercial grower licensee shall file with the Oklahoma Medical
Marijuana Authority a bond satisfactory to the Authority and in the
amount no less than Fifty Thousand Dollars ($50,000.00) for each
license sought or held, with a surety company qualified to do
business in this state as a surety. The bond shall be furnished to
the state for the use of the state pursuant to the provisions of
this act. The bond shall be conditional that the obligor will
comply with the provisions of this act including, but not limited
to, building codes, administrative rules, and other relevant laws,
and all rules and regulations made pursuant to this act and will pay
all amounts of money that may be due to the state during the time
such bond is in effect.
C. The Authority or the Department of Environmental Quality may
require a higher amount depending upon the reclamation requirements
of the approved application. The amount shall reflect the probable
difficulty of reclamation with consideration for such factors
including, but not limited to, topography, hydrology, and
revegetation potential. The amount of the bond for a commercial
growing operation shall be sufficient to assure the completion of
the reclamation plan if the work has to be performed by the
Authority or the Department of Environmental Quality in the event of
revocation of license.
D. An appropriate agency may recall the bond if the property
has been abandoned, the Authority revokes the commercial growing
operation’s license, or in response to receiving notice of a
violation of any law, regulation, policy, or ordinance necessitating
remedial action. The bond shall be used to defray the cost of
restoration of the property including, but not limited to, removing
equipment, destruction of waste, remediation of environmental
hazards, prohibiting public access, addressing improperly coded
buildings, or determination of the final disposition of any seized
property.
E. A holder of a medical marijuana business license pursuant to
Section 427.14 of Title 63 of the Oklahoma Statutes engaging in a
commercial growing operation may operate without obtaining a bond
upon verification by the Authority that the permitted land on which
the licensee operates the commercial growing operation has been
owned by the licensee for at least a five-year period prior to
submission of application.
Added by Laws 2023, c. 41, § 2, emerg. eff. April 20, 2023.
§63-427.27. Fingerprints — Medical marijuana facility owners.
A. The Oklahoma Medical Marijuana Authority shall require
owners of medical marijuana facilities to submit their fingerprints
Oklahoma Statutes - Title 63. Public Health and Safety Page 1200
to the Oklahoma State Bureau of Investigation (OSBI) for the purpose
of conducting a state and federal fingerprint-based criminal
background check.
B. The Authority may require that such fingerprint submissions
be made as part of a medical marijuana facility application, a
medical marijuana facility renewal application, or an individual
application for a license or permit authorizing that individual to
be an owner of a medical marijuana facility.
C. Fingerprint cards and any required fees shall be sent to the
OSBI central repository. The fingerprint records shall be used for
searching the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a federal
criminal record search as provided in Section 150.9 of Title 74 of
the Oklahoma Statutes. The OSBI shall notify the Authority of any
criminal history record information or lack of criminal history
record information discovered on the submitting individual.
Notwithstanding the provisions of Section 150.9b of Title 74 of the
Oklahoma Statutes, all records related to any criminal history
information discovered shall be accessible and available to the
Authority.
D. As used in this section:
1. “Medical marijuana facility” means an entity licensed or
certified by the Authority to acquire, cultivate, process,
manufacture, test, store, sell, transport, or deliver medical
marijuana; and
2. “Owner” means a direct beneficial owner including all
persons or entities, as follows:
a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a general partnership,
c. all general partners and all limited partners that own
an interest in a limited partnership,
d. all members that own an interest in a limited
liability company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f. all persons or entities that own interest in a joint
venture,
g. all persons or entities that own an interest in an
association,
h. the owners of any other type of legal entity, and
i. any other person holding an interest or convertible
note in any entity, which owns, operates, or manages a
licensed medical marijuana facility.
Added by Laws 2024, c. 381, § 1, emerg. eff. June 14, 2024. Amended
by Laws 2025, c. 388, § 2, emerg. eff. May 26, 2025.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1201
§63-427.28. Fingerprints — Medical marijuana facility employees.
A. The Oklahoma Medical Marijuana Authority shall require all
employees of medical marijuana facilities to submit their
fingerprints to the Oklahoma State Bureau of Investigation (OSBI)
for the purpose of conducting a state and federal fingerprint-based
criminal background check.
B. The Authority may require that such fingerprint submissions
be made as part of an individual’s application for a license,
permit, identification card, or credential authorizing that
individual to be an employee of a medical marijuana facility.
C. Fingerprint cards and any required fees shall be sent to the
OSBI central repository. The fingerprint records shall be used for
searching the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a federal
criminal record search as provided in Section 150.9 of Title 74 of
the Oklahoma Statutes. The OSBI shall notify the Authority of any
criminal history record information or lack of criminal history
record information discovered on the submitting individual.
Notwithstanding the provisions of Section 150.9b of Title 74 of the
Oklahoma Statutes, all records related to any criminal history
information discovered shall be accessible and available to the
Authority.
D. As used in this section:
1. “Employee” means any natural person who:
a. grows, harvests, dries, cures, purchases, sells,
transfers, transports, processes, produces,
manufactures, creates, or packages medical marijuana,
medical marijuana products, or medical marijuana waste
on behalf of or for a licensed medical marijuana
commercial grower, processor, or dispensary,
b. samples, trains, or educates on behalf of or for a
licensed medical marijuana education or research
facility,
c. disposes of or transports medical marijuana, medical
marijuana products, and medical marijuana waste on
behalf of or for a licensed medical marijuana waste
disposal facility,
d. tests and conducts research on medical marijuana and
medical marijuana products on behalf of or for a
medical marijuana licensed testing laboratory,
e. transports, stores, distributes, but does not take
ownership of, medical marijuana and medical marijuana
products on behalf of or for a licensed medical
marijuana commercial transporter,
f. tracks, traces, reports, and inputs any information
into the state inventory tracking system on behalf of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1202
or for a licensed medical marijuana commercial license
holder, or
g. serves in a role or provides services which would be
reasonably expected to involve regular physical
contact with medical marijuana, medical marijuana
products, or medical marijuana waste; and
2. “Medical marijuana facility” means an entity licensed or
certified by the Authority to acquire, cultivate, process,
manufacture, test, store, sell, transport, or deliver medical
marijuana.
Added by Laws 2024, c. 381, § 2, emerg. eff. June 14, 2024. Amended
by Laws 2025, c. 388, § 3, emerg. eff. May 26, 2025.
§63-427.29. Oklahoma Medical Marijuana Authority Executive
Advisory Council — Composition — Powers and duties.
A. There is hereby created the Oklahoma Medical Marijuana
Authority Executive Advisory Council.
B. The Oklahoma Medical Marijuana Authority Executive Advisory
Council shall consist of the following members, and all appointees
shall serve their terms at the pleasure of the appointing authority
and may be removed or replaced without cause:
1. One member appointed by the Governor to represent all
citizens of this state;
2. One member appointed by the Speaker of the Oklahoma House of
Representatives, who shall be a citizen from a county with a
population under twenty-five thousand (25,000) persons, as
determined by the latest Federal Decennial Census;
3. One member appointed by the President Pro Tempore of the
Oklahoma State Senate, who shall be a citizen from a municipality
with a population in excess of seventy-five thousand (75,000)
persons, as determined by the latest Federal Decennial Census;
4. One member appointed by the Speaker of the Oklahoma House of
Representatives, who is a current medical marijuana business license
holder;
5. One member appointed by the President Pro Tempore of the
Oklahoma State Senate, who is a current medical marijuana business
license holder; and
6. One member appointed by the Governor, who holds a medical
marijuana patient license.
C. The Executive Director of the Oklahoma Medical Marijuana
Authority shall chair the Advisory Council and provide staff and
administrative support to the Advisory Council.
D. The Advisory Council shall select a co-chair from the
membership of the Advisory Council.
E. Each member of the Advisory Council shall serve a term of
four (4) years from the date of appointment. Members of the
Advisory Council shall not serve more than two consecutive terms.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1203
F. A majority of the members of the Advisory Council shall
constitute a quorum for the transaction of business and for taking
any official actions. Official actions by the Advisory Council
shall have a favorable vote by a majority of the members present.
G. Appointed members who serve on the Advisory Council shall be
exempt from dual-office-holding prohibitions pursuant to Section 6
of Title 51 of the Oklahoma Statutes.
H. The Advisory Council may advise the Authority of recommended
changes to state policy, rules, or statutes.
I. The Advisory Council shall prepare and issue a report of its
findings and recommendations electronically to the Governor,
President Pro Tempore of the Senate, and Speaker of the House by
November 1, 2025, and no later than November 1 of each year
thereafter.
J. Members appointed pursuant to subsection B of this section
shall serve without compensation but shall be reimbursed for
expenses incurred in the performance of their duties in accordance
with the State Travel Reimbursement Act.
K. The Oklahoma Medical Marijuana Authority Executive Advisory
Council shall meet as often as necessary to conduct business but
shall meet not less than four times a year, with an organizational
meeting to be held prior to January 1, 2025.
L. Any vacancy occurring on the Oklahoma Medical Marijuana
Authority Executive Advisory Council shall be filled for the
unexpired term of office in the same manner as provided for in
subsection B of this section.
M. The Advisory Council shall act in accordance with the
provisions of the Oklahoma Open Meeting Act, the Oklahoma Open
Records Act, and the Administrative Procedures Act.
Added by Laws 2024, c. 321, § 1, eff. Nov. 1, 2024.
NOTE: Editorially renumbered from § 427.27 of this title to avoid
duplication in numbering.
§63-428. Short title - Oklahoma Medical Marijuana Waste Management
Act.
This act shall be known and may be cited as the "Oklahoma
Medical Marijuana Waste Management Act".
Added by Laws 2019, c. 337, § 1, eff. Nov. 1, 2019.
NOTE: Editorially renumbered from § 427 of this title to avoid
duplication in numbering.
§63-428.1. See the following versions:
OS 63-428.1v1 (SB 1033, Laws 2021, c. 584, § 11).
OS 63-428.1v2 (HB 2646, Laws 2021, c. 553, § 26).
§63-428.1v1. Definitions.
As used in the Oklahoma Medical Marijuana Waste Management Act:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1204
1. "Authority" shall mean the Oklahoma Medical Marijuana
Authority, or successor agency;
2. "Commercial licensee" shall mean any person or entity issued
a license by the Oklahoma Medical Marijuana Authority, or successor
agency, to conduct commercial business in this state;
3. "Disposal" shall mean the disposition of medical marijuana
waste by a process which renders the waste unusable and
unrecognizable through physical destruction or a recycling process;
4. "Facility" shall mean a location where the disposal of
medical marijuana waste takes place by a licensee;
5. "License" shall mean a medical marijuana waste disposal
license;
6. "Licensee" shall mean the holder of a medical marijuana
waste disposal license;
7. "Medical marijuana waste" shall mean:
a. unused, surplus, returned or out-of-date marijuana and
plant debris of the plant of the genus Cannabis
including dead plants and all unused plant parts,
except the term shall not include seeds, roots, stems,
stalks and fan leaves,
b. all product which is deemed to fail laboratory testing
and cannot be remediated or decontaminated, and
c. all product and inventory from commercial licensees or
medical marijuana education facilities that:
(1) have gone out of business,
(2) are not subject to the provisions of Section 1560
of Title 12 of the Oklahoma Statutes, and
(3) are unable to lawfully transfer or sell the
product and inventory to another commercial
licensee;
8. "Medical marijuana waste disposal license" shall mean a
license issued by the Oklahoma Medical Marijuana Authority, or
successor agency.
Added by Laws 2019, c. 337, § 2, eff. Nov. 1, 2019. Amended by Laws
2021, c. 584, § 11, emerg. eff. May 28, 2021.
NOTE: Editorially renumbered from § 428 of this title to avoid
duplication in numbering.
§63-428.1v2. Definitions.
As used in the Oklahoma Medical Marijuana Waste Management Act:
1. "Authority" shall mean the Oklahoma Medical Marijuana
Authority, or successor agency;
2. "Commercial licensee" shall mean any person or entity issued
a license by the Oklahoma Medical Marijuana Authority, or successor
agency, to conduct commercial business in this state;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1205
3. "Disposal" shall mean the disposition of medical marijuana
waste by a process which renders the waste unusable and
unrecognizable through physical destruction or a recycling process;
4. "Facility" shall mean the licensed or permitted premises
where the disposal of medical marijuana waste takes place by a
licensee;
5. "License" shall mean a medical marijuana waste disposal
license;
6. "Licensee" shall mean the holder of a medical marijuana
waste disposal license;
7. "Medical marijuana waste" shall mean:
a. unused, surplus, returned or out-of-date marijuana and
plant debris of the plant of the genus Cannabis
including dead plants and all unused plant parts,
except the term shall not include seeds, roots, stems,
stalks and fan leaves, and
b. all product which is deemed to fail laboratory testing
and cannot be remediated or decontaminated; and
8. "Medical marijuana waste disposal license" shall mean a
license issued by the Oklahoma Medical Marijuana Authority, or
successor agency.
Added by Laws 2019, c. 337, § 2, eff. Nov. 1, 2019. Amended by Laws
2021, c. 553, § 26, eff. Nov. 1, 2021.
NOTE: Editorially renumbered from § 428 of this title to avoid
duplication in numbering.
§63-429. Application of act – Destruction of plant parts not
requiring medical marijuana waste disposal facility.
A. Medical marijuana waste shall be subject to the provisions
of the Oklahoma Medical Marijuana Waste Management Act and shall not
be subject to the provisions of the Uniform Controlled Dangerous
Substances Act. Nothing in the Oklahoma Medical Marijuana Waste
Management Act shall alter or affect the jurisdictional areas of
environmental responsibility of the Department of Environmental
Quality as provided for in Title 27A of the Oklahoma Statutes.
B. Commercial licensees, medical marijuana research facilities
and medical marijuana education facilities shall be authorized to
destroy the following marijuana plant parts without being required
to utilize the services of a medical marijuana waste disposal
facility:
1. Roots;
2. Stems;
3. Fan leaves;
4. Seeds; or
5. Stalks.
Unless restricted by local ordinance, commercial licensees,
medical marijuana research facilities and medical marijuana
Oklahoma Statutes - Title 63. Public Health and Safety Page 1206
education facilities shall be authorized to destroy the above-listed
marijuana plant parts on-site by open burning, incineration,
burying, mulching, composting or any other technique approved by the
Department of Environmental Quality.
Added by Laws 2019, c. 337, § 3, emerg. eff. May 9, 2019. Amended
by Laws 2021, c. 553, § 27, eff. Nov. 1, 2021.
§63-430. Medical marijuana waste disposal license – Screening
process – Waste disposal facility permit.
A. There is hereby created and authorized a medical marijuana
waste disposal license. A person or entity in possession of a
medical marijuana waste disposal license shall be entitled to
possess, transport and dispose of medical marijuana waste. No
person or entity shall dispose of medical marijuana waste without a
valid medical marijuana waste disposal license. The Oklahoma
Medical Marijuana Authority shall issue licenses upon proper
application by a licensee and determination by the Authority that
the proposed site and facility are physically and technically
suitable. Upon a finding that a proposed medical marijuana waste
disposal facility is not physically or technically suitable, the
Authority shall deny the license. The Authority may, upon
determining that public health or safety requires emergency action,
issue a temporary license for treatment or storage of medical
marijuana waste for a period not to exceed ninety (90) days. The
Authority shall not, until November 1, 2021, issue more than ten
medical marijuana waste disposal licenses. Beginning November 1,
2021, there shall be no limit to the number of medical marijuana
waste disposal licenses issued by the Authority.
B. Entities applying for a medical marijuana waste disposal
license shall undergo the following screening process:
1. Complete an application form, as prescribed by the
Authority, which shall include:
a. an attestation that the applicant is authorized to
make application on behalf of the entity,
b. full name of the organization,
c. trade name, if applicable,
d. type of business organization,
e. complete mailing address,
f. an attestation that the commercial entity will not be
located on tribal land,
g. telephone number and email address of the entity, and
h. name, residential address and date of birth of each
owner and each member, manager and board member, if
applicable;
2. The application for a medical marijuana waste disposal
license made by an individual on his or her own behalf shall be on
Oklahoma Statutes - Title 63. Public Health and Safety Page 1207
the form prescribed by the Authority and shall include, but not be
limited to:
a. the first, middle and last name of the applicant and
suffix, if applicable,
b. the residence address and mailing address of the
applicant,
c. the date of birth of the applicant,
d. the preferred telephone number and email address of
the applicant,
e. an attestation that the information provided by the
applicant is true and correct, and
f. a statement signed by the applicant pledging not to
divert marijuana to any individual or entity that is
not lawfully entitled to possess marijuana; and
3. Each application shall be accompanied by the following
documentation:
a. a list of all persons or entities that have an
ownership interest in the entity,
b. a certificate of good standing from the Secretary of
State, if applicable,
c. an Affidavit of Lawful Presence for each owner,
d. proof that the proposed location of the disposal
facility is at least one thousand (1,000) feet from a
school. The distance indicated in this subparagraph
shall be measured from the nearest property line of
such school to the nearest perimeter wall of the
premises of such disposal facility. If any school is
established within one thousand (1,000) feet of any
disposal facility after such disposal facility has
been licensed, the provisions of this subparagraph
shall not be a deterrent to the renewal of such
license or warrant revocation of the license. For the
purposes of this section, “school” shall mean the same
as provided in Section 427.2 of this title, and
e. documents establishing the applicant, the members,
managers and board members, if applicable, and
seventy-five percent (75%) of the ownership interests
are residents of this state as established in Section
420 et seq. of this title, as it relates to proof of
state residency.
For purposes of this paragraph, “school” means the same as
defined in Section 427.2 of this title.
C. No license shall be issued except upon proof of sufficient
liability insurance and financial responsibility. Liability
insurance shall be provided by the applicant and shall apply to
sudden and nonsudden bodily injury or property damage on, below or
above the surface, as required by the rules promulgated by the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1208
Executive Director. Such insurance shall be maintained for the
period of operation of the facility and shall provide coverage for
damages resulting from operation of the facility during operation
and after closing.
D. Submission of an application for a medical marijuana waste
disposal license shall constitute permission for entry to and
inspection of the facility of the licensee during hours of operation
and other reasonable times. Refusal to permit such entry of
inspection shall constitute grounds for the nonrenewal, suspension
or revocation of a license. The Authority, the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State
Bureau of Investigation, and the Attorney General may perform an
annual unannounced, on-site inspection of the operations and any
facility of the licensee. If the Authority receives a complaint
concerning noncompliance by a licensee with the provisions of the
Oklahoma Medical Marijuana Waste Management Act, the Authority, the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the
Oklahoma State Bureau of Investigation, and the Attorney General may
conduct additional unannounced, on-site inspections beyond the
inspections provided for in Section 427.6 of this title. The
Authority may refer all complaints alleging criminal activity that
are made against a licensed facility to appropriate state or local
law enforcement authorities.
E. The Authority shall issue an annual permit for each medical
marijuana waste disposal facility operated by a licensee. A permit
shall be issued only upon proper application by a licensee and
determination by the Authority that the proposed site and facility
are physically and technically suitable. Upon a finding that a
proposed medical marijuana waste disposal facility is not physically
or technically suitable, the Authority shall deny the permit. The
Authority shall have the authority to revoke a permit upon a finding
that the site and facility are not physically and technically
suitable for processing. The Authority may, upon determining that
public health or safety requires emergency action, issue a temporary
permit for treatment or storage of medical marijuana waste for a
period not to exceed ninety (90) days.
F. The cost of a medical marijuana waste disposal license shall
be Five Thousand Dollars ($5,000.00) for the initial license. The
cost of a medical marijuana waste disposal facility permit shall be
Five Hundred Dollars ($500.00). A medical marijuana waste disposal
facility permit that has been revoked shall be reinstated upon
remittance of a reinstatement fee of Five Hundred Dollars ($500.00)
to restore the facility permit. All license and permit fees shall
be deposited into the Oklahoma Medical Marijuana Authority Revolving
Fund as provided in Section 427.5 of this title.
G. The holder of a medical marijuana waste disposal license
shall not be required to obtain a medical marijuana transporter
Oklahoma Statutes - Title 63. Public Health and Safety Page 1209
license provided for in the Oklahoma Medical Marijuana and Patient
Protection Act for purposes of transporting medical marijuana waste.
H. All commercial licensees, as defined in Section 428.1 of
this title, shall utilize a licensed medical marijuana waste
disposal service to process all medical marijuana waste generated by
the licensee.
I. The Executive Director of the Authority shall promulgate
rules for the implementation of the Oklahoma Medical Marijuana Waste
Management Act. Promulgated rules shall address disposal process
standards, site security and any other subject matter deemed
necessary by the Executive Director.
Added by Laws 2019, c. 337, § 4, eff. Nov. 1, 2019. Amended by Laws
2021, c. 553, § 28, eff. Nov. 1, 2021; Laws 2022, c. 317, § 3,
emerg. eff. May 20, 2022; Laws 2023, c. 168, § 11, eff. Nov. 1,
2023; Laws 2024, c. 182, § 31, emerg. eff. April 26, 2024.
§63-431.1. Sales of medical marijuana products from licensed
processors and commercial growers to licensed dispensaries to be in
pre-packaged form.
A. Beginning June 1, 2025, all medical marijuana flower, trim,
shake, kief, noninfused pre-rolls, infused pre-rolls, or other
flower-based product not defined as a concentrate shall be sold by
licensed medical marijuana processors and licensed medical marijuana
commercial growers to licensed medical marijuana dispensaries only
in pre-packaged form in package sizes weighing not less than one-
half (1/2) of one (1) gram to not more than three (3) ounces.
Licensed medical marijuana dispensaries shall have until November 1,
2025, to sell or waste all current inventory that is not in pre-
packaged form pursuant to this section. The Oklahoma Medical
Marijuana Authority shall be authorized to promulgate rules
regarding the pre-packaging of medical marijuana products as
provided for in the provisions of this section.
B. Nonopaque materials may be used when packaging medical
marijuana flower, provided all other packaging and labeling
requirements for medical marijuana products sold in this state are
met and it is placed in an opaque container before leaving a
licensed medical marijuana dispensary.
C. The display and smelling of medical marijuana shall be
allowed pursuant to Section 421 of Title 63 of the Oklahoma
Statutes.
D. The Oklahoma Medical Marijuana Authority shall promulgate
rules necessary to allow for products to be returned to the licensed
medical marijuana dispensary when found defective or hazardous to
the health of the patient. The Authority shall further promulgate
rules necessary to allow for the return of all medical marijuana and
medical marijuana products from a licensed medical marijuana
dispensary to a licensed medical marijuana processor or licensed
Oklahoma Statutes - Title 63. Public Health and Safety Page 1210
medical marijuana commercial grower, from a licensed medical
marijuana processor to a licensed medical marijuana commercial
grower, or from any other licensed entity that transferred medical
marijuana products to another licensed entity.
Added by Laws 2024, c. 95, § 1, eff. June 1, 2025. Amended by Laws
2025, c. 388, § 4, emerg. eff. May 26, 2025.
§63-465.20. Smelling, inhaling, etc. of substances which cause
unnatural conditions - Exemptions - Penalties.
(a) It shall be unlawful for any person deliberately to smell,
inhale, breathe, drink or otherwise consume any compound, liquid,
chemical, controlled dangerous substance, prescription drugs or any
other substance or chemical containing any ketones, aldehydes,
organic acetones, ether, chlorinated hydrocarbons or metallic
powders, such as gasoline, glue, fingernailpolish, adhesive cement,
mucilage, dope, paint dispensed from pressurized containers or any
other substance or combination thereof containing solvents releasing
toxic vapors, with the intent to cause conditions of intoxication,
inebriation, excitement, elation, stupefaction, paralysis,
irrationality, dulling of the brain or nervous system, or any other
changing, distorting or disturbing of the eyesight, thinking
processes, judgment, balance or coordination of such person.
(b) The provisions of this statute shall not pertain to any
person who inhales, breathes, drinks or otherwise consumes such
material or substance pursuant to the direction or prescription of
any licensed doctor, physician, surgeon, dentist or podiatrist; nor
to the consumption of intoxicating liquor.
(c) Any person who violates any provisions of this act relating
to inhalation of glue or other substances shall be guilty of a
misdemeanor, and upon conviction shall be subject to imprisonment in
the county jail for not more than one (1) year or a fine of not more
than Five Hundred Dollars ($500.00), or both such imprisonment and
fine.
Laws 1971, c. 109, § 1, emerg. eff. April 27, 1971; Laws 1981, c.
52, § 1, emerg. eff. April 13, 1981.
§63-465.21. Sale of certain paint to intoxicated person.
Any person who knowingly sells paint containing metallic powders
dispensed from a pressurized container to an obviously intoxicated
person shall be guilty of a misdemeanor.
Laws 1981, c. 52, § 2, emerg. eff. April 13, 1981.
§63-472. City jails.
It shall be the duty of the governing bodies of all
municipalities to insure compliance with standards governing
conditions in municipal jails as prescribed in the Oklahoma Jail
Standards Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1211
R.L.1910, § 6978. Amended by Laws 1978, c. 244, § 26, eff. July 1,
1978; Laws 2025, c. 11, § 17, emerg. eff. April 28, 2025.
§63-475. Contagious disease - Isolation.
Should any prisoners in any county or city jail or holdover
complain of illness, the county or city physician, whose duty it may
be to attend such prisons, shall be summoned, and if such prisoner
should be found to have a contagious disease, he shall be
immediately removed and isolated to some room or place having no
connection with the other prisoners. R.L. 1910 Sec. 6981.
R.L.1910, § 6981.
§63-476. Isolation of prisoners having contagious disease - Jail
construction.
It shall be the duty of officials who construct jails, city
prisons or holdovers to provide a room for the segregation of
prisoners who may be found to have a contagious disease. R.L. 1910
Sec. 6982.
R.L.1910, § 6982.
§63-477. Sanitation of charitable institutions.
The county commissioners shall provide necessary supplies and
cause the charitable institutions of their county to be maintained
in a clean and sanitary condition at all times. Enforcement of this
section shall be the responsibility of the Director of the
Department of Public Welfare.
R.L.1910, § 6983. Amended by Laws 1978, c. 244, § 27, eff. July 1,
1978.
§63-479. Violations - Penalty.
Any official failing in any duty prescribed by the provisions of
this article shall be deemed guilty of a misdemeanor and shall, upon
conviction, be fined in any sum not less than ten dollars nor more
than five hundred dollars, and in addition thereto may be removed
from office. R.L. 1910 Sec. 6985.
R.L.1910, § 6985.
§63-485.1. Purpose of act.
The purpose of Sections 485.1 through 485.8 of this title shall
be to provide a specialized hospital, which shall be named the J.D.
McCarty Center for Children with Developmental Disabilities, for the
care, maintenance, training, treatment, and general mental and
physical rehabilitation of the residents of the state, and when
space permits nonresidents, who may be afflicted with cerebral palsy
or other developmental disabilities, provided that such specialized
hospital shall be able to refuse admission to those patients who
after competent examination are determined to be unable to benefit
Oklahoma Statutes - Title 63. Public Health and Safety Page 1212
from such training, treatment, and general mental and physical
rehabilitation, and provided that such specialized hospital shall be
able to discharge and return any child to its parent or guardian if
it is determined after admission that such training, treatment, and
general mental and physical rehabilitation is not aiding the child.
Educational services that may be required during an inpatient stay
shall be arranged through and provided by the appropriate local
education area (LEA). The term "cerebral palsy" as used in this
title shall include all types of cerebral palsy.
Added by Laws 1947, p. 401, § 1, emerg. eff. May 7, 1947. Amended
by Laws 1949, p. 433, § 1; Laws 1981, c. 71, § 1, operative July 1,
1981; Laws 1992, c. 307, § 15, eff. July 1, 1992; Laws 1995, c. 262,
§ 1, eff. July 1, 1995.
§63-485.2. Oklahoma Spastic Paralysis Commission - Creation -
Powers and duties.
There is hereby created the Oklahoma Spastic Paralysis
Commission, which is designated as an agency of the State of
Oklahoma, and is hereby authorized to exercise the powers and duties
authorized in this act and all other powers incident and necessary
to the purpose of this act.
Laws 1947, p. 401, § 2.
§63-485.3. J.D. McCarty Center for Children with Developmental
Disabilities - Establishment and maintenance - Contracts - Payments
- Power of Commission - Legal representation – Sale of surplus
property and fixtures.
A. The Oklahoma Cerebral Palsy Commission is hereby authorized
and empowered to:
1. Establish and maintain the J.D. McCarty Center for Children
with Developmental Disabilities, to provide care, maintenance,
training, treatment, habilitation and rehabilitation of persons
afflicted with cerebral palsy and other developmental disabilities
within such institute;
2. Set fees and charges for patient services;
3. Provide care, maintenance, training, treatment and
rehabilitation services to children not afflicted with cerebral
palsy or developmental disabilities but who may benefit from the
services available from the J.D. McCarty Center for Children with
Developmental Disabilities, as determined to be practicable by the
Oklahoma Cerebral Palsy Commission;
4. Provide services to any adults who may benefit from services
available from the J.D. McCarty Center for Children with
Developmental Disabilities, as determined to be practicable by the
Oklahoma Cerebral Palsy Commission; provided, that services to
adults shall not diminish any services available to children;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1213
5. Enter into contracts for the purchase of real estate or
other property and to buy or sell real estate, personal property and
equipment necessary or incidental to the carrying out of the
provisions of Sections 485.1 through 485.11 of this title; and
6. Enter into contracts with the Commission for Human Services
and with other agencies of the state and of the counties in
furtherance of the provisions of Sections 485.1 through 485.11 of
this title; provided, the Oklahoma Cerebral Palsy Commission shall
receive from the Commission for Human Services payments aggregating
a minimum of One Hundred Thousand Dollars ($100,000.00) annually
from funds set aside in the Children with Special Health Care Needs
Program; and provided further, the Oklahoma Cerebral Palsy
Commission may negotiate with the Commission for Human Services or
its successors for additional payments above One Hundred Thousand
Dollars ($100,000.00) from such funds.
B. The Commission shall be charged with the duties of
management and control of the J.D. McCarty Center for Children with
Developmental Disabilities and shall have power to sue or be sued in
its own name.
C. The Attorney General shall furnish the Commission with legal
representation. The Commission shall not contract for private legal
counsel except for extraordinary situations other than normal day-
to-day situations, and when approved by the Attorney General.
D. For the purposes of moving the J.D. McCarty Center for
Children with Developmental Disabilities to its new facilities, the
Oklahoma Cerebral Palsy Commission may sell surplus property and
fixtures. Such sale of surplus property and fixtures shall be
exempt from Sections 62.2 through 62.6 of Title 74 of the Oklahoma
Statutes. The Commission shall sell such surplus property and
fixtures at fair market value as determined by the members of the
Commission. The process for the sale and transfer of title shall
originate with the Commission. All proceeds from such sale of the
property and fixtures shall be deposited into the J.D. McCarty
Center for Children with Developmental Disabilities Revolving Fund.
Added by Laws 1947, p. 401, § 3, emerg. eff. May 7, 1947. Amended
by Laws 1949, p. 434, § 2, emerg. eff. May 31, 1949; Laws 1976, c.
191, § 4, emerg. eff. June 4, 1976; Laws 1981, c. 71, § 2, operative
July 1, 1981; Laws 1988, c. 222, § 4, operative July 1, 1988; Laws
1992, c. 307, § 16, eff. July 1, 1992; Laws 1995, c. 262, § 2, eff.
July 1, 1995; Laws 1997, c. 281, § 2, eff. July 1, 1997; Laws 2004,
c. 426, § 1, eff. July 1, 2004; Laws 2010, c. 413, § 23, eff. July
1, 2010.
NOTE: Laws 1992, c. 249, § 4 repealed by Laws 1992, c. 373, § 22,
eff. July 1, 1992.
§63-485.4. Oklahoma Cerebral Palsy Commission - Gifts and bequests.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1214
The Oklahoma Cerebral Palsy Commission is authorized to accept
and receive gifts and bequests of money and property, both real and
personal, which may be tendered by will or gift, conditionally or
unconditionally, for the use of the Commission in the exercise of
its powers and duties described in this act. The Commission shall
administer the property or funds in the manner consistent with the
terms of the gift and provisions of law. The Commission is hereby
directed, authorized, and empowered to hold such funds in trust or
invest them and use either principal or interest in keeping with the
terms of the gift as stipulated by the donors for the sole benefit
of the Commission in the performance of its duties provided herein.
Added by Laws 1947, p. 401, § 4, emerg. eff. May 7, 1947. Amended
by Laws 2004, c. 426, § 2, eff. July 1, 2004.
§63-485.5. Members of Commission - Appointment - Term - Travel
expenses.
The Oklahoma Cerebral Palsy Commission shall be composed of five
(5) members who shall serve without compensation. The three members
of the Commission serving on the Commission on June 30, 2004, shall
serve the remainder of their respective terms. Beginning July 1,
2004, the Governor of the State of Oklahoma shall appoint to the
Commission two additional members who shall be chosen from a list of
ten persons submitted to the Governor by the Grande Voiture of
Oklahoma of La Societe des Quarante Hommes et Huit Chevaux. One new
member shall be appointed for a two-year term and one new member for
a three-year term on the Commission. Thereafter, any member who
takes the place of a member whose term is expiring shall be
appointed to a three-year term in the same manner and from a list to
be submitted as provided in this section for the original Commission
pursuant to this section. Each member of the Commission shall be
entitled to be reimbursed for necessary travel expenses pursuant to
the State Travel Reimbursement Act.
Added by Laws 1947, p. 401, § 5, emerg. eff. May 7, 1947. Amended
by Laws 1949, p. 434, § 3, emerg. eff. May 31, 1949; Laws 1969, c.
5, § 1, emerg. eff. Feb. 3, 1969; Laws 1985, c. 178, § 47, operative
July 1, 1985; Laws 2004, c. 426, § 3, eff. July 1, 2004.
§63-485.6. Officers - Organization - Director and personnel - Legal
assistance.
A. The members of the Oklahoma Cerebral Palsy Commission shall
select from among the members of the Commission a chair, a vice-
chair, and a secretary, and organize itself for the purpose of
carrying out the provisions of Section 485.1 et seq. of this title.
B. The Commission is hereby authorized in its discretion to
employ a director who shall employ and hire other persons as may be
required in the estimation of the director and in accordance with
federal, state, and local laws to carry out the provisions of this
Oklahoma Statutes - Title 63. Public Health and Safety Page 1215
act; provided that physical therapists, physical therapist
assistants, occupational therapists, certified occupational
therapist aides, speech pathologists, and the Director of Nursing so
employed shall be unclassified and exempt from the provisions of the
Merit System of Personnel Administration. Other positions may be
unclassified as provided for in applicable federal, state, and local
laws. The Commission is authorized to hire an attorney to provide
legal assistance or to contract for such specialized services only
as provided for in Section 485.3 of this title.
Added by Laws 1947, p. 401, § 6, emerg. eff. May 7, 1947. Amended
by Laws 1949, p. 435, § 5, emerg. eff. May 31, 1949; Laws 1995, c.
262, § 3, eff. July 1, 1995; Laws 1996, c. 326, § 4, eff. July 1,
1996; Laws 2008, c. 328, § 1, eff. Nov. 1, 2008.
§63-485.7. Bonds of members.
Each member of the Commission shall give bond to the State of
Oklahoma in the sum of One Thousand Dollars ($1,000.00) conditioned
for the honest and faithful performance of his duties, which bonds
shall be approved by the Governor and deposited in the office of the
Secretary of State.
Added by Laws 1947, p. 402, § 7, emerg. eff. May 7, 1947. Amended
by Laws 1949, p. 435, § 6, emerg. eff. May 31, 1949.
§63-485.8. Partial invalidity.
It is the intention of the Legislature to enact each and every
part of this act and if any section, paragraph, sentence, item, or
clause of this act shall for any reason be held unconstitutional,
such decision shall not affect the validity of the remaining
portions of this act.
Added by Laws 1947, p. 402, § 9, emerg. eff. May 7, 1947.
§63-485.9. Change of name for Institute and Commission.
A. The names of the "Oklahoma Cerebral Palsy Center", formerly
the "Oklahoma Cerebral Palsy Institute", and the "Oklahoma Spastic
Paralysis Commission" are hereby changed to the "J.D. McCarty Center
for Children with Developmental Disabilities" and the "Cerebral
Palsy Commission", respectively.
B. Wherever in the statutes of this state the name "Oklahoma
Cerebral Palsy Institute" or "Oklahoma Cerebral Palsy Center"
occurs, the reference shall be deemed to be to the "J.D. McCarty
Center for Children with Developmental Disabilities"; and wherever
in said statutes the name "Oklahoma Spastic Paralysis Commission"
appears, this reference shall be deemed to be to the "Cerebral Palsy
Commission".
Laws 1961, p. 483, §§ 1, 2, emerg. eff. Jan. 30, 1961; Laws 1981, c.
71, § 3, operative July 1, 1981; Laws 1992, c. 307, § 17, eff. July
1, 1992.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1216
§63-485.10. Annuity contracts - Purchases as salary payments.
A part of the salary, not to exceed the exclusion allowances
provided in Section 403(b)(2), Internal Revenue Code, payable to any
employee of the J.D. McCarty Center for Children with Developmental
Disabilities may, at the request of the employee, be paid by the
purchase of an annuity contract from any insurance company
authorized to do business in Oklahoma by the J.D. McCarty Center for
Children with Developmental Disabilities for the employee, and the
employee shall be entitled to have such annuity contract continued
in force in succeeding years by the J.D. McCarty Center for Children
with Developmental Disabilities. The amounts so contributed or paid
by the J.D. McCarty Center for Children with Developmental
Disabilities for the annuity contract, or to continue it in force,
shall be considered as payment of salary, for the same amounts, to
the employee for State Retirement purposes, State Aid purposes, or
Social Security purposes, but not for State Income Tax purposes.
Provided that the amount received under such annuity contracts shall
be income subject to state income tax when actually received.
Laws 1967, c. 243, § 3, emerg. eff. May 8, 1967; Laws 1981, c. 71, §
4, operative July 1, 1981; Laws 1992, c. 307, § 18, eff. July 1,
1992.
§63-485.11. J.D. McCarty Center for Children with Developmental
Disabilities Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Cerebral Palsy Commission to be designated the
"J.D. McCarty Center for Children with Developmental Disabilities
Revolving Fund". The fund shall consist of all monies received by
the Commission pursuant to statutory authority, but not including
appropriated funds, gifts and bequests. The revolving fund shall be
a continuing fund, not subject to fiscal year limitations and shall
be under the control and management of the administrative
authorities of the Commission. Expenditures from the fund shall be
made pursuant to the laws of the state and the statutes relating to
the Commission and may include up to Twenty-five Thousand Dollars
($25,000.00) in expenditures for capital improvements within a
single fiscal year or as otherwise provided by the Legislature.
Warrants for expenditures from the fund shall be drawn by the State
Treasurer, based on claims signed by an authorized employee or
employees of the Commission and approved for payment by the Director
of the Office of Management and Enterprise Services.
Added by Laws 1986, c. 209, § 5, operative July 1, 1986. Amended by
Laws 1988, c. 222, § 5, operative July 1, 1988; Laws 1992, c. 307, §
19, eff. July 1, 1992; Laws 2012, c. 304, § 504.
§63-485.12. Exemptions.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1217
Specialized vehicles utilized by the J.D. McCarty Center for
Children with Developmental Disabilities shall not be included in
nor subject to provisions of law establishing the State Motor Pool
Division within the Office of Management and Enterprise Services.
Added by Laws 1980, c. 345, § 16, emerg. eff. June 25, 1980.
Amended by Laws 1983, c. 304, § 27, eff. July 1, 1983; Laws 2002, c.
397, § 29, eff. Nov. 1, 2002. Renumbered from § 159.11 of Title 47
by Laws 2002, c. 397, § 35, eff. Nov. 1, 2002. Amended by Laws
2012, c. 304, § 505.
§63-488.1. Program of immunization.
The State Department of Public Health is hereby authorized to
initiate and organize a state-wide program supplementing a program
of the National Foundation for Infantile Paralysis and administer
vaccine designed to immunize children against that disease. Said
Department is authorized to cooperate further with the authorities
of the National Foundation for Infantile paralysis and to make such
rules and regulations in connection therewith as will assure the
administration of vaccine to the greatest possible number of
children within the age group most susceptible to the disease and
within the limits of the funds made available for that purpose under
the provisions of this act.
Laws 1955, p. 348, § 1.
§63-488.2. Funds.
The Governor of the State is hereby authorized to set aside from
his Emergency Contingency Fund such monies as he shall determine may
be used for such purpose without impairing said fund beyond the
amount deemed by him to be necessary as a reserve for possible
contingencies involving the primary purpose of said fund. The State
Emergency Relief Board is hereby authorized and directed to
determine and set aside all funds which said Board shall determine
are not necessary now or during the next biennium for the normal
function of the Emergency Relief Program directed by said Board.
The funds made available under the provisions of this section are
hereby appropriated to the State Department of Public Health to be
used to defray the expenses of purchasing and administering vaccine
under the program authorized by the provisions of Section 1 of this
act.
Laws 1955, p. 348, § 2.
§63-535. Repealed by Laws 1963, c. 325, art. 17, § 1705, operative
July 1, 1963.
§63-536. Repealed by Laws 1963, c. 325, art. 17, § 1705, operative
July 1, 1963.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1218
§63-537. Repealed by Laws 1963, c. 325, art. 17, § 1705, operative
July 1, 1963.
§63-538. Repealed by Laws 1963, c. 325, art. 17, § 1705, operative
July 1, 1963.
§63-663. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29,
2003.
§63-680. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29,
2003.
§63-681. School buildings - Protection from tornadoes and severe
weather.
School authorities of the State of Oklahoma, its political
subdivisions, and its school districts are authorized to plan,
design, and construct new school buildings and make additions to
existing school buildings that afford protection for the anticipated
school body, faculty, and visitors against tornadoes and severe
weather. Each school, administration building and institution of
higher learning shall have written plans and procedures in place for
protecting students, faculty, administrators and visitors from
natural and man-made disasters and emergencies. Plans shall be
reviewed and updated annually as appropriate by each school,
administration building and institution of higher learning, and
placed on file at each school district and each local emergency
response organization within the district, which may include police,
fire, emergency medical services, sheriff and emergency management
of the appropriate jurisdiction. The plans shall be submitted in a
format acceptable to the emergency agency no later than November 1
of each year. Each school district and institution of higher
learning shall make annual reports to the local school board or
Board of Regents detailing the status of emergency preparedness and
identified safety needs for each school or institution.
Added by Laws 1967, c. 4, § 2, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 1, emerg. eff. May 29, 2003; Laws 2008, c.
216, § 3, eff. Nov. 1, 2008; Laws 2013, c. 55, § 1, eff. July 1,
2013.
§63-682. Federal assistance programs - Participation.
Each state institution, agency, board, and department, each
political subdivision of the state, and each school district of the
state is authorized to participate in such federal assistance
programs as may be available or may become available to assist in
providing tornado and severe weather protection.
Added by Laws 1967, c. 4, § 3, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 2, emerg. eff. May 29, 2003.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1219
§63-682.1. Vaccination program for first responders.
A. As used in this section:
1. “Department” means the State Department of Health,
Bioterrorism Division;
2. “Director” means the Commissioner of Health;
3. “Bioterrorism” means the intentional use of any
microorganism, virus, infectious substance or biological product
that may be engineered as a result of biotechnology or any naturally
occurring or bioengineered component of any microorganism, virus,
infectious substance or biological product, to cause or attempt to
cause death, disease or other biological malfunction in any living
organism;
4. “Disaster locations” means any geographical location where a
bioterrorism attack, terrorist attack, catastrophic or natural
disaster or emergency occurs; and
5. “First responders” means state and local law enforcement
personnel, fire department personnel and emergency medical personnel
who will be deployed to bioterrorism attacks, terrorist attacks,
catastrophic or natural disasters and emergencies.
B. The Department shall offer a vaccination program for first
responders who may be exposed to infectious diseases when deployed
to disaster locations. The vaccinations shall include, but are not
limited to, hepatitis B vaccination, diphtheria-tetanus vaccination,
influenza vaccination, and other vaccinations when recommended by
the United States Public Health Service and in accordance with
Federal Emergency Management Directors Policy. Immune globulin will
be made available when necessary.
C. Participation in the vaccination program will be voluntary
by the first responders, except for first responders who are
classified as having “occupational exposure” to bloodborne pathogens
as defined by the Occupational Safety and Health Administration
Standard contained at 29 CFR 1910.1030. First responders who are
classified as having “occupational exposure” to bloodborne pathogens
shall be required to take the designated vaccinations.
D. A first responder shall be exempt from vaccinations when a
written statement from a licensed physician is presented indicating
that a vaccine is medically contraindicated for that person or the
first responder signs a written statement that the administration of
a vaccination conflicts with their religious tenets.
E. In the event of a vaccine shortage, the Director, in
consultation with the Governor and the Centers for Disease Control
and Prevention, shall give priority for vaccination to first
responders.
F. The Department shall notify first responders of the
availability of the vaccination program and shall provide
Oklahoma Statutes - Title 63. Public Health and Safety Page 1220
educational materials on ways to prevent exposure to infectious
diseases.
G. The Department may contract with county and local health
departments, not-for-profit home health care agencies, hospitals and
physicians to administer a vaccination program for first responders.
H. This section shall be effective upon receipt of federal
funding and/or federal grants for administering a first responders
vaccination program. Upon receipt of such funding, the Department
shall make available the vaccines to first responders as provided in
this section. If federal funds for these vaccines cease, the state
shall not be liable for the continuation or cost of vaccines.
Added by Laws 2003, c. 292, § 1, emerg. eff. May 27, 2003.
§63-683.1. Citation.
This act may be cited as the “Oklahoma Emergency Management Act
of 2003”.
Added by Laws 1967, c. 33, § 1, emerg. eff. March 21, 1967. Amended
by Laws 1999, c. 57, § 1, eff. July 1, 1999; Laws 2003, c. 329, § 3,
emerg. eff. May 29, 2003.
§63-683.2. Findings and declarations.
A. Because of the existing and increasing possibility of the
occurrence of disasters of unprecedented size and destructiveness
resulting from natural and man-made causes, in order to ensure that
preparations of this state will adequately deal with such disasters
and emergencies, to generally provide for the common defense and to
protect the public peace, health, and safety, to preserve the lives
and property of the people of this state, and to carry out the
objectives of state and national survival and recovery in the event
of a disaster or emergency, it is hereby found and declared to be
necessary to:
1. Create the Oklahoma Department of Emergency Management
(OEM);
2. Authorize the creation of local organizations for emergency
management in the counties and incorporated municipalities of this
state;
3. Provide for the formulation and execution of an emergency
operations plan for the state. A component of the plan shall be
response to a catastrophic health emergency as defined in Section
6104 of this title;
4. Confer upon the Governor and upon the executive heads or
governing bodies of the political subdivisions of the state the
emergency powers provided by the Oklahoma Emergency Management Act
of 2003;
5. Provide for the rendering of mutual aid among the political
subdivisions of this state and with other states to cooperate with
Oklahoma Statutes - Title 63. Public Health and Safety Page 1221
the federal government with respect to carrying out emergency
management functions and hazard mitigation; and
6. Provide sufficient organization to meet, prevent or reduce
emergencies in the general interest and welfare of the public and
this state.
B. It is further declared to be the purpose of the Oklahoma
Emergency Management Act of 2003 and the policy of this state that
all emergency management and hazard mitigation functions of this
state be coordinated to the maximum extent with the comparable
functions of the federal government, including its various
departments and agencies, of other states and localities, and of
private agencies of every type, to the end that the most effective
preparation and use may be made of available workforce, resources
and facilities for dealing with disaster and hazard mitigation.
C. It is also directed that each state agency, board,
commission, department or other state entity having responsibilities
either indicated in the state Emergency Operations Plan or by the
nature of the service it provides to the citizens of Oklahoma shall
have written plans and procedures in place to protect individual
employees, administrators and visitors from natural and man-made
disasters and emergencies occurring at the work place. Plans and
procedures shall be in concurrence with the Oklahoma Department of
Emergency Management Guidebook titled “Emergency Standard Operating
Procedures” for state departments, agencies, offices and employees.
Each state agency, board, commission, department or other state
entity shall provide a calendar year annual report on the status of
their emergency management program to OEM. OEM shall compile and
integrate all reports into a report to the Governor and Legislature
on the status of state emergency preparedness.
D. Each state agency, board, commission, department or other
state entity shall have written plans and procedures in place to
support the responsibilities stated in the state Emergency
Operations Plan.
E. The National Incident Management System (NIMS) shall be the
standard for incident management in the State of Oklahoma. All on-
scene management of disasters and emergencies shall be conducted
using the Incident Command System (ICS).
Added by Laws 1967, c. 33, § 2, emerg. eff. Feb. 14, 1967. Amended
by Laws 1976, c. 135, § 1, emerg. eff. May 24, 1976; Laws 1984, c.
113, § 1, eff. July 1, 1984; Laws 1999, c. 57, § 2, eff. July 1,
1999; Laws 2003, c. 329, § 4, emerg. eff. May 29, 2003; Laws 2006,
c. 199, § 1, emerg. eff. May 26, 2006; Laws 2023, c. 207, § 1, eff.
Nov. 1, 2023.
§63-683.3. Definitions.
As used in the Oklahoma Emergency Management Act of 2003:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1222
1. "Emergency management" means the preparation for and the
coordination of all emergency functions by organized and trained
persons, who will extend existent governmental functions and provide
other necessary nongovernmental functions, to prevent, minimize and
repair injury and damage resulting from natural or man-made
disasters developing to such an extent to cause an extreme emergency
situation to arise which by declaration of the Governor jeopardizes
the welfare of the citizens of this state. These emergency
functions include, but are not limited to, fire fighting, law
enforcement, medical and health, search and rescue, public works,
warnings, communications, hazardous materials and other special
response functions, evacuations of persons from affected areas,
emergency assistance services, emergency transportation, and other
functions related to preparedness, response, recovery and
mitigation;
2. "Emergency Operations Plan" means that plan which sets forth
the organization, administration and functions for emergency
management by the state or local government;
3. “Emergency” means any occasion or instance for which, in the
determination of the President of the United States or the Governor
of the State of Oklahoma, federal or state assistance is needed to
supplement state and local efforts and capabilities to save lives
and to protect property and public health and safety, or to lessen
or avert threat of a catastrophe in any part of the state;
4. “Significant events” means all hazardous material releases
of any size and type, earthquakes, fires involving large buildings
or facilities and large grass or wild fires, explosions, bomb
threats, terrorist/civil disturbance, aircraft crash, natural
disaster, utility disruption, dam breach, technological/man-made
incident, search and rescue, structural collapse, and any other
incident that poses significant consequences to the jurisdiction;
5. "Hazard mitigation" means any cost-effective measure which
will reduce or eliminate the effects of a natural or man-made
disaster;
6. "Local organization for emergency management" means an
organization created in accordance with the provisions of the
Oklahoma Emergency Management Act of 2003 by state or local
authority to perform local emergency management functions;
7. “Man-made disaster” means a disaster caused by acts of man
including, but not limited to, an act of war, terrorism, chemical
spill or release, or power shortages that require assistance from
outside the local political subdivision;
8. "Natural disaster" means any natural catastrophe, including,
but not limited to, a tornado, severe storm, high water, flood
waters, wind-driven water, earthquake, landslide, mudslide,
snowstorm, or drought which causes damage of sufficient severity and
magnitude to warrant hazard mitigation or the use of resources of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1223
the federal government, or the state and political subdivisions
thereof to alleviate the damage, loss, hardship or suffering caused
thereby; and
9. "Political subdivision" shall mean any county, city, town or
municipal corporation of the State of Oklahoma represented by an
elected governing body.
Added by Laws 1967, c. 33, § 3, emerg. eff. Feb. 14, 1967. Amended
by Laws 1976, c. 135, § 2, emerg. eff. May 24, 1976; Laws 1979, c.
50, § 1, eff. July 1, 1979; Laws 1999, c. 57, § 3, eff. July 1,
1999; Laws 2003, c. 329, § 5, emerg. eff. May 29, 2003.
§63-683.4. Oklahoma Department of Emergency Management – Powers and
duties of Director.
A. There is hereby created the Oklahoma Department of Emergency
Management (OEM). The Governor shall appoint a Director of the
Department, with the advice and consent of the Senate, who shall be
the head of the Department. The Governor shall fix the salary of
the Director, in cooperation with standards promulgated by the
Office of Management and Enterprise Services.
B. The Director may employ personnel and fix their compensation
in cooperation with standards promulgated by the Office of
Management and Enterprise Services, and may make such expenditures
within the appropriation therefor, or from such other available
funds as may be necessary to carry out the purposes of the Oklahoma
Emergency Management Act of 2003 and other programs specified by
law.
C. The Director and other personnel of the Department shall be
provided with appropriate office space, furniture, equipment,
supplies, stationery, and printing in the same manner as provided
for personnel of other state agencies.
D. The Director, subject to the direction and control of the
Governor, shall be the executive head of the Department and shall
serve as the chief advisor to the Governor on emergency management
and shall:
1. Be responsible to the Governor for carrying out the programs
as required by law;
2. Coordinate the activities of all organizations for emergency
management within the state;
3. Maintain liaison with and cooperate with the emergency
management agencies and organizations of other states and of the
federal government;
4. Develop and maintain a comprehensive all-hazards mitigation
plan for this state;
5. Implement the Oklahoma Hazard Mitigation Program;
6. Have such additional authority, duties, and responsibilities
authorized by the Oklahoma Emergency Management Act of 2003 and as
may be prescribed by the Governor;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1224
7. Supervise the Office of Volunteerism in accordance with
Section 683.26 of this title; and
8. Report quarterly to the Governor, the Speaker of the House of
Representatives and the President Pro Tempore of the Senate the
balance and outstanding obligations of the State Emergency Fund.
E. The Director shall supervise the formulation, execution,
review and revisions of the state Emergency Operations Plan as
provided for by Section 683.2 of this title. The plan shall be
reviewed annually and revised as necessary.
Added by Laws 1967, c. 33, § 4, emerg. eff. Feb. 14, 1967. Amended
by Laws 1982, c. 338, § 48, eff. July 1, 1982; Laws 1984, c. 113, §
2, eff. July 1, 1984; Laws 1991, c. 216, § 13, operative July 1,
1991; Laws 1999, c. 57, § 4, eff. July 1, 1999; Laws 2003, c. 329, §
6, emerg. eff. May 29, 2003; Laws 2010, c. 128, § 1, eff. Nov. 1,
2010; Laws 2012, c. 304, § 506.
§63-683.5a. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May
29, 2003.
§63-683.6. State Hazard Mitigation Team.
A. There is hereby created the State Hazard Mitigation Team,
composed of the administrative heads of the following agencies or
their designees:
1. Oklahoma Department of Emergency Management, who shall serve
as the Team Coordinator;
2. Oklahoma Water Resources Board;
3. Oklahoma Climatological Survey;
4. Oklahoma Conservation Commission;
5. Corporation Commission;
6. Oklahoma Department of Commerce;
7. Department of Environmental Quality;
8. Department of Human Services;
9. State Department of Health;
10. Department of Transportation;
11. Oklahoma Department of Agriculture, Food, and Forestry or
the Secretary of Agriculture;
12. Department of Wildlife Conservation;
13. Oklahoma Historical Society;
14. Oklahoma Insurance Department;
15. Association of County Commissioners of Oklahoma;
16. Oklahoma Municipal League;
17. State Fire Marshal;
18. Department of Labor;
19. A local Emergency Management Director as determined by the
President of the Oklahoma Emergency Management Association;
20. State Chancellor or his or her representative for The
Oklahoma State System of Higher Education; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1225
21. State Director or his or her representative for the
Oklahoma Department of Career and Technology Education.
B. Depending on the circumstances, the Team Coordinator may
request participation of the heads of any other state agencies as
deemed appropriate.
C. The Team Coordinator shall also request that a
representative of the United States Army Corps of Engineers be
appointed by the administrative head of the Tulsa District to
participate on the Team.
D. The Team Coordinator shall also request a representative of
the U.S. Department of Housing and Urban Development be appointed by
the administrative head of the Oklahoma City office to participate
on the team.
E. The State Hazard Mitigation Team will meet as determined by
the Team Coordinator to review and recommend updates to the State
Comprehensive All-hazard Mitigation Plan, and shall have those
additional responsibilities as provided by the Team Coordinator,
including, but not limited to, the review and recommendation for
loan and grant application under the Oklahoma Flood Hazard
Mitigation Program.
Added by Laws 1967, c. 33, § 6, emerg. eff. Feb. 14, 1967. Amended
by Laws 1979, c. 241, § 7, operative July 1, 1979; Laws 1999, c. 57,
§ 5, eff. July 1, 1999; Laws 2003, c. 329, § 7, emerg. eff. May 29,
2003; Laws 2008, c. 359, § 12, emerg. eff. June 3, 2008; Laws 2010,
c. 258, § 1, eff. Nov. 1, 2010; Laws 2013, c. 227, § 15, eff. Nov.
1, 2013.
§63-683.8. Powers and duties of Governor.
A. The Governor shall have general direction and control of the
Oklahoma Department of Emergency Management and shall be responsible
for carrying out the provisions of the Oklahoma Emergency Management
Act of 2003. In the event of an emergency that exceeds local
capability, the Governor may assume direct operational control over
all or any part of the emergency management functions within this
state.
B. The Governor shall have general direction and control of
emergency management within the state and all officers, boards,
agencies, individual or groups established under the Emergency
Operations Plan. The Governor shall have the authority pursuant to
the Oklahoma Emergency Management Act of 2003 to establish such
offices, boards, agencies or positions as may be necessary to carry
into effect the Emergency Operations Plan.
C. The Governor is authorized to cooperate with the federal
government, with other states and with private agencies in all
matters pertaining to the emergency management of this state and of
the nation.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1226
D. To effect the policy and purpose of the Oklahoma Emergency
Management Act of 2003, the Governor is further authorized and
empowered to:
1. Make, amend and rescind the necessary orders and rules to
carry out the provisions of the Oklahoma Emergency Management Act of
2003 within the limits of authority conferred upon the Governor
herein, with due consideration of the emergency management plans of
the federal government;
2. Cause to be prepared and updated annually a comprehensive
plan and program for emergency management of this state, such plans
and programs to be integrated into and coordinated with the plans of
the federal government and of other states to the fullest possible
extent, and to coordinate the preparation of plans and programs for
emergency management by the political subdivisions of this state;
3. Procure supplies and equipment in accordance with such plans
and programs, institute training programs and public information
programs, take all other preparatory steps including the partial or
full activation of emergency management organizations in advance of
actual disaster, and to ensure the furnishing of adequately trained
and equipped personnel in time of need, during periods of national
emergency or man-made or natural disasters that might occur in this
state, or which develop into emergency situations;
4. On behalf of this state, enter into mutual aid arrangements
with other states and coordinate mutual aid plans between political
subdivisions of this state;
5. Delegate any administrative authority vested in the Governor
pursuant to the Oklahoma Emergency Management Act of 2003, and
provide for subdelegation of any such authority;
6. Confirm the appointment of qualified emergency managers upon
recommendations of local authorities as provided in Section 683.11
of this title;
7. Cooperate with the President of the United States and the
heads of the Armed Forces, the Federal Emergency Management Agency
and other appropriate federal officers and agencies, with the
officers and agencies of other states in matters pertaining to the
emergency management of the state and nation including the direction
and control of:
a. state emergency management activations and exercises,
b. warnings for actual or exercise events and the
equipment to be used in connection therewith,
c. the conduct of civilians and the movement of and
cessation of movement of pedestrians and vehicular
traffic during, prior and subsequent to natural and
man-made disasters and emergencies,
d. public meetings or gatherings, and
e. the evacuation and reception of the civil population;
and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1227
8. Prescribe uniform signals, warnings, alerts, credentials and
insignia.
E. In addition to prevention measures included in the state and
local comprehensive plans and programs for emergency management, the
Governor shall consider on a continuing basis steps that could be
taken to mitigate the harmful consequences of emergencies and
natural disasters. At the Governor’s direction and pursuant to any
other authority specified by law, state agencies including, but not
limited to, those charged with responsibilities in connection with
floodplain management, stream encroachment and flow regulation,
weather modification, fire prevention and control, air quality,
public works, land use and land use planning, and construction
standards, shall make studies of matters related to potential
emergency and man-made or natural disasters or to mitigate emergency
and natural disasters. The Governor, from time to time, shall make
such recommendations to the Legislature, to political subdivisions
and to other appropriate public and private entities as may
facilitate measures for mitigation of the harmful consequences of
emergencies and natural disasters.
F. Pursuant to the Inherent Rights clause in Section 2 of
Article II of the Oklahoma Constitution which states “All persons
have the inherent right to life, liberty, the pursuit of happiness,
and the enjoyment of the gains of their own industry”, during a
pandemic under a declared state of emergency by the Governor or the
President of the United States, the Governor of this state shall not
close or force the closing of any business without documented
scientific evidence that the nature of a particular business
actually contributes to the direct spreading of disease relating to
the pandemic. The Governor shall be required to give notice and
hearing to any business determined to be nonessential or detrimental
to the health and safety of citizens during a pandemic before
issuing an executive order against keeping such business open.
Added by Laws 1967, c. 33, § 8, emerg. eff. Feb. 14, 1967. Amended
by Laws 1999, c. 57, § 6, eff. July 1, 1999; Laws 2003, c. 329, § 8,
emerg. eff. May 29, 2003; Laws 2025, c. 7, § 1, eff. July 1, 2025.
§63-683.9. Natural or man-made emergency - Additional powers of
Governor.
The provisions of this section shall be operative only during
the existence of a natural or man-made emergency. The existence of
such emergency may be proclaimed by the Governor or by concurrent
resolution of the Legislature if the Governor in such proclamation,
or the Legislature in such resolution, finds that an emergency or
disaster has occurred or is anticipated in the immediate future.
Any such emergency, whether proclaimed by the Governor or by the
Legislature, shall terminate upon the proclamation of the
termination thereof by the Governor, or by passage by the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1228
Legislature of a concurrent resolution terminating such emergency.
During such period as such state of emergency exists or continues,
the Governor shall have and may exercise the following additional
emergency powers:
1. To activate the Emergency Operations Plan, and to assume
regulatory control over all essential resources of this state,
directly or through the boards, agencies, offices and officers
established by the Emergency Operations Plan, to determine
priorities of such resources and allocate such resources as the
Governor may deem necessary in cooperation with the political
subdivisions of this state, the federal government or other states.
For purposes of this paragraph:
a. “resources” means all economic resources within this
state including, but not limited to, food, manpower,
health, water, transportation, economic stabilization,
electric power, petroleum, gas, solid fuel, industrial
production, construction and housing, and
b. “economic stabilization” means the maintaining of the
monetary, taxation, and revenue policies of this state
without a negative effect to the market economy and
its operations and specifically excludes the
determination of essential or nonessential private
business enterprises or the closing of private
business enterprises.
2. To enforce all laws, rules and regulations relating to
emergency management and to assume direct operational control of any
or all emergency management forces and helpers in this state.
3. To provide for the evacuation of all or part of the
population from any stricken or threatened area or areas within this
state and to take such steps as are necessary for the receipt and
care of such evacuees.
4. Subject to the provisions of the Oklahoma Constitution, to
remove from office any public officer having administrative
responsibilities under this act for willful failure to obey any
order, rule or regulation adopted pursuant to this act. Such
removal shall be upon charges after service upon such person of a
copy of such charges and after giving such person an opportunity to
be heard in the defense of such person. Pending the preparation and
disposition of charges, the Governor may suspend such person for a
period not exceeding thirty (30) days. A vacancy resulting from
removal or suspension pursuant to this section shall be filled by
the Governor until it is filled as otherwise provided by law.
5. To perform and exercise such other functions, powers and
duties as are necessary to promote and secure the safety and
protection of the civilian population and to carry out the
provisions of the Emergency Operations Plan in a national or state
emergency.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1229
Added by Laws 1967, c. 33, § 9, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 9, emerg. eff. May 29, 2003; Laws 2013, 1st
Ex.Sess., c. 17, § 2, emerg. eff. Sept. 10, 2013; Laws 2013, 1st
Ex.Sess., c. 17, § 3, emerg. eff. Sept. 10, 2013; Laws 2025, c. 7, §
2, eff. July 1, 2025.
NOTE: Laws 2009, c. 78, § 12 repealed by Laws 2010, c. 2, § 52,
emerg. eff. March 3, 2010.
NOTE: Laws 2009, c. 228, § 29 was held unconstitutional by the
Oklahoma Supreme Court in the case of Douglas v. Cox Retirement
Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed
by Laws 2013, 1st Ex.Sess., c. 17, § 1, emerg. eff. Sept. 10, 2013.
§63-683.10. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May
29, 2003.
§63-683.11. Political subdivisions - Emergency management programs
- Emergency management directors - Declaration of local emergency.
A. All incorporated jurisdictions of this state are required to
develop an emergency management program in accordance with the
Oklahoma Emergency Management Act of 2003. County jurisdictions are
required to have a qualified emergency management director as
outlined in this section. Incorporated municipalities are required
to either have an emergency management director or create an
agreement with the county for emergency management services. Each
local organization for emergency management shall have a director
who shall be appointed by the executive officer or governing body of
the political subdivision, who shall report directly to the chief
executive officer or chief operating officer and who shall have
direct responsibility for the organization, administration, and
operation of such local organization for emergency management,
subject to the direction and control of such executive officer or
governing body. Each local organization for emergency management
shall perform emergency management functions within the territorial
limits of the political subdivisions within which it is organized,
and, in addition, shall conduct such functions outside of such
territorial limits as may be required pursuant to this act. Each
local emergency management organization shall develop, maintain and
revise, as necessary, an emergency operations plan for the
jurisdiction. Each plan shall address the emergency management
system functions of preparedness, response, recovery and mitigation.
Such plan shall be based upon a hazard and risk assessment for the
jurisdiction and shall include provisions for evacuation of all or a
portion of the jurisdiction based upon such risk in the event any
disaster, as defined in Section 683.3 of this title, necessitates
the evacuation of its citizens. Every political subdivision shall
ensure that there is widespread dissemination of the plan and
information to citizens as to how and when such plan is activated
Oklahoma Statutes - Title 63. Public Health and Safety Page 1230
and how citizens are to participate in evacuating their communities
in the event of a disaster. The plan shall be reviewed annually.
Such plan shall be coordinated with the state.
B. Emergency Management Directors (EMD) shall meet the
qualifications promulgated by the Oklahoma Department of Emergency
Management (OEM). The minimum qualifications include:
1. U.S. citizenship;
2. High school diploma or equivalent;
3. Valid Oklahoma driver license;
4. Social security number;
5. Has not been convicted of a felony in Oklahoma; and
6. Within one (1) year of appointment, the EMD must complete
basic emergency management training provided by the OEM.
C. Prior to employment, the employing agency shall obtain a
name-based background search by the Oklahoma State Bureau of
Investigation to determine if the EMD has been convicted of a
felony.
D. Each Emergency Management Director shall be responsible for
all aspects of emergency management in their jurisdiction including:
conducting a hazard analysis detailing risks and vulnerabilities,
annually updating the existing all-hazard Emergency Operations Plan
(EOP), conducting and arranging for necessary training of all
relevant personnel, conducting annual exercises to evaluate the
plan, managing resources, determining shortfalls in equipment,
personnel and training, revising the EOP as necessary, establishing
and maintaining an office of emergency management, communications,
warnings, conducting or supervising damage assessment and other pre-
and post-disaster-related duties.
E. Local fire departments, law enforcement and other first
response agencies shall notify the Emergency Management Director of
all significant events occurring in the jurisdiction. Emergency
Management Directors shall promptly report significant events to the
Oklahoma Department of Emergency Management.
F. In carrying out the provisions of this act, each political
subdivision, in which any disaster as defined in Section 683.3 of
this title occurs, shall have the authority to declare a local
emergency and the power to enter into contracts and incur
obligations necessary to combat such disaster, protecting the health
and safety of persons and property, and providing emergency
assistance to the victims of such disaster. Each political
subdivision is authorized to exercise the powers vested under this
section in the light of the exigencies of the extreme emergency
situation without regard to time-consuming procedures and
formalities prescribed by law, excepting mandatory constitutional
requirements, pertaining to the performance of public work, entering
into contracts, the incurring of obligations, the employment of
temporary workers, the rental of equipment, the purchase of supplies
Oklahoma Statutes - Title 63. Public Health and Safety Page 1231
and materials, and the appropriation and expenditure of public
funds.
Added by Laws 1967, c. 33, § 11, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 10, emerg. eff. May 29, 2003; Laws 2006, c.
214, § 1, eff. Nov. 1, 2006.
§63-683.12. Mutual aid arrangements for reciprocal emergency
management.
A. The Director of each local organization for emergency
management may, in collaboration with other public and private
agencies within this state, develop or cause to be developed mutual
aid arrangements for reciprocal emergency management aid and
assistance in case of disaster too great to be dealt with
unassisted. Such arrangements shall be consistent with the state
emergency management plan and program, and in time of emergency it
shall be the duty of each local organization for emergency
management to render assistance in accordance with the provisions of
such mutual aid arrangements.
B. The Director of each local organization for emergency
management may, subject to the approval of the Governor, enter into
mutual aid arrangements with emergency management agencies or
organizations in other border states for reciprocal emergency
management aid and assistance in case of disaster too great to be
dealt with unassisted.
Added by Laws 1967, c. 33, § 12, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 11, emerg. eff. May 29, 2003.
§63-683.13. Emergency management activities declared as
governmental functions - Workers' benefit rights preserved.
A. All functions hereunder and all other activities relating to
emergency management are hereby declared to be governmental
functions. The provisions of this section shall not affect the
right of any person to receive benefits to which the person would
otherwise be entitled under this act, or under the workers'
compensation law, or under any pension law, nor the right of any
such person to receive any benefits or compensation under any Act of
Congress. Any municipal fireman or policeman engaged in any
emergency management activities, while complying with or attempting
to comply with this act or any rule or regulation pursuant thereto,
shall be considered as serving in his or her regular line of duty
and shall be entitled to all benefits of any applicable pension
fund.
B. Any requirement for a license to practice any professional,
mechanical, or other skill shall not apply to any authorized
emergency management worker from any state rendering mutual aid and
who holds a comparable license in that state, who shall practice
such professional, mechanical, or other skill during an emergency
Oklahoma Statutes - Title 63. Public Health and Safety Page 1232
declared under the provisions of this act, when such professional,
mechanical or other skill is exercised in accordance with the
provisions of this act.
C. As used in this section, the term "emergency management
worker" shall include any full or part-time paid, volunteer, or
auxiliary employee of this state, or other states, territories,
possession or the District of Columbia, of the federal government,
or any neighboring country, or of any political subdivision thereof,
or of any agency or organization, performing emergency management
services under state supervision, and who has been properly trained
in the performance of emergency management functions, at any place
in this state subject to the order or control of, or pursuant to a
request of, the state government or any political subdivision
thereof. The term "emergency management worker" shall not include
any volunteer health practitioner subject to the provisions of the
Uniform Emergency Volunteer Health Practitioners Act.
D. Any emergency management worker, as defined in this section,
performing emergency management services at any place in this state
pursuant to agreements, compacts, or arrangements for mutual aid and
assistance, to which the state or a political subdivision thereof is
a party, shall possess the same powers, duties, immunities, and
privileges the person would ordinarily possess if performing the
same duties in the state, province, or political subdivision thereof
in which normally employed or rendering services.
Added by Laws 1967, c. 33, § 13, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 12, emerg. eff. May 29, 2003; Laws 2013, 1st
Ex.Sess., c. 17, § 5, emerg. eff. Sept. 10, 2013; Laws 2013, 1st
Ex.Sess., c. 17, § 6, emerg. eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 78, § 13 repealed by Laws 2010, c. 2, § 53,
emerg. eff. March 3, 2010.
NOTE: Laws 2009, c. 228, § 30 was held unconstitutional by the
Oklahoma Supreme Court in the case of Douglas v. Cox Retirement
Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed
by Laws 2013, 1st Ex.Sess., c. 17, § 4, emerg. eff. Sept. 10, 2013.
§63-683.14. Exemption from civil liability.
A. Any person owning or controlling real estate or other
premises who voluntarily and without compensation grants a license
or privilege or otherwise permits the designation or use of the
whole or any part or parts of such real estate or premises for the
purpose of sheltering persons, or providing a mass immunization and
prophylaxis site or Strategic National Stockpile storage site during
an actual or impending emergency or exercise shall, together with
any successors in interest, if any, not be civilly liable for
negligently causing the death of, or injury to, any person on or
about such real estate or premises for loss of, or damage to, the
property of such person; provided, that the injury or death was
Oklahoma Statutes - Title 63. Public Health and Safety Page 1233
caused by or incidental to the actual use of such premises for such
real, actual or impending emergency or exercise, and further
provided that nothing herein contained shall grant immunity from
gross, willful or wanton acts of negligence.
B. Neither the State of Oklahoma nor any political subdivision
thereof nor any officer or employee of the State of Oklahoma or of
any political subdivision thereof nor volunteer whose services have
been accepted and utilized by an officer or employee of the State of
Oklahoma or of any political subdivision thereof for carrying out
the functions of this act shall be civilly liable for any loss or
injury resulting to any person's company, corporation or other legal
entity as a result of any decision, determination, order or action
of such employee in the performance of assigned duties and
responsibilities under this act during a stated emergency unless
such loss or injury was caused by the gross negligence, or willfully
and unnecessarily or by the wanton act of such state officer or
employee or volunteer. Nothing in this act shall be construed to
waive the sovereignty or immunity of the State of Oklahoma, or any
political subdivision thereof, from being sued.
Added by Laws 1967, c. 33, § 14, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 13, emerg. eff. May 29, 2003; Laws 2006, c.
199, § 2, emerg. eff. May 26, 2006.
§63-683.15. Limitation on political activity.
No organization for emergency management established under the
authority of this act shall participate in any form of political
activity, nor shall it be employed directly or indirectly for
political purposes.
Added by Laws 1967, c. 33, § 15, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 14, emerg. eff. May 29, 2003.
§63-683.16. Restriction on employment - Loyalty oath.
No person shall be employed in any capacity in any emergency
management organization who advocates or has advocated a change by
force or violence in the constitutional form of the government of
the United States or in this state or the overthrow of any
government in the United States by force or violence, or who has
been convicted of or is under indictment or information charging any
subversive act against the United States. Each person who is
appointed to serve in an organization of emergency management shall,
before entering upon employment duties, take the Oklahoma Loyalty
Oath, in writing, before a person authorized to administer oaths in
this state.
Added by Laws 1967, c. 33, § 16, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 15, emerg. eff. May 29, 2003.
§63-683.17. Appropriation powers - Gifts, grants and loans.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1234
A. Each political subdivision shall have the power to make
appropriations in the manner provided by law for making
appropriations for the ordinary expenses of such political
subdivision for the payment of expenses of its local organizations
for emergency management.
B. Whenever the federal government or any agency or officer
thereof shall offer to the state, or through the state to any
political subdivision thereof, services, equipment, supplies,
materials, or funds by way of gift, grant, or loan, for purposes of
emergency management, the state acting through the Governor, or such
political subdivision acting with the consent of the Governor and
through its executive officer or governing body, may accept such
offer and upon such acceptance the Governor of the state or
executive officer or governing body of such political subdivision
may authorize any officer of the state or of the political
subdivision, as the case may be, to receive such services,
equipment, supplies, materials, or funds on behalf of the state or
such political subdivision, and subject to the terms of the offer
and the rules and regulations, if any, of the agency making the
offer.
C. Whenever any person, firm, or corporation shall offer to the
state, or to any political subdivision thereof, services, equipment,
supplies, materials, or funds by way of gift, grant, or loan, for
purposes of emergency management, the state acting through the
Governor, or such political subdivision acting through its executive
officer or governing body, may accept such offer and upon such
acceptance the Governor of the state or executive officer or
governing body of such political subdivision may authorize any
officer of the state or the political subdivision, as the case may
be, to receive such services, equipment, supplies, materials, or
funds on behalf of the state or such political subdivision, and
subject to the terms of the offer.
D. Each political subdivision shall have the power to provide,
by ordinances or otherwise, for a local emergency management
organization, and said subdivisions shall have power to make
appropriations for emergency management and disaster relief in the
manner provided by law for making appropriations for ordinary
expenses of such political subdivisions and shall have power to
enter into agreements for the purpose of organizing civil defense
units; to provide for a mutual method of financing the organization
of such units on a basis approved by the State Emergency Management
Director and satisfactory to said political subdivisions, but in
which case the funds appropriated by said political subdivisions and
any other funds provided for civil defense for such mutual purpose
shall be nonfiscal funds and shall be placed on deposit with the
county treasurer as custodian of such emergency management funds,
and from which expenditures may be made on forms prescribed by the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1235
State Auditor and Inspector, in accordance with procedures approved
by the State Emergency Management Director; and shall have power to
render aid to other political subdivisions under mutual aid
agreements, provided that the functioning of said units shall be
coordinated by the State Emergency Management Director and the
Director’s staff according to plans promulgated for that purpose.
Added by Laws 1967, c. 33, § 17, emerg. eff. Feb. 14, 1967. Amended
by Laws 1979, c. 30, § 105, emerg. eff. April 6, 1979; Laws 2003, c.
329, § 16, emerg. eff. May 29, 2003.
§63-683.18. Utilization of services, equipment, etc.
In carrying out the provisions of this act, the Governor and the
executive officers or governing bodies of the political subdivisions
of the state are directed to utilize the services, equipment,
supplies and facilities of existing departments, offices and
agencies of the state and of the political subdivisions thereof to
the maximum extent practicable, and the officers and personnel of
all such departments, offices, and agencies are directed to
cooperate with and extend such services and facilities to the
Governor and to the emergency management organizations of the state
upon request.
Added by Laws 1967, c. 33, § 18, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 17, emerg. eff. May 29, 2003.
§63-683.19. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May
29, 2003.
§63-683.19a. County and city-county health departments - Benefits,
powers, immunities and protections.
The benefits, powers, immunities and protections afforded to
political subdivisions under the Oklahoma Emergency Management Act
of 2003 shall inure to county and city-county health departments
within this state.
Added by Laws 2007, c. 69, § 1, eff. Nov. 1, 2007.
§63-683.21. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May
29, 2003.
§63-683.22. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May
29, 2003.
§63-683.23. Violations - Civil actions - Jurisdiction - Penalties -
Enforcement.
A. The Oklahoma Department of Emergency Management (OEM) may
request the Attorney General to institute a civil action for relief,
including a permanent or temporary injunction, restraining order or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1236
any other appropriate order in the appropriate district court,
whenever any person:
1. Violates or fails or refuses to comply with any order or
decision issued by the OEM;
2. Interferes with, hinders or delays the OEM in carrying out
its duties and responsibilities;
3. Refuses to admit authorized representatives of the OEM;
4. Refuses to permit inspection by authorized representatives
of the OEM;
5. Refuses to furnish any information or report requested by
the OEM to accomplish its duties and responsibilities;
6. Refuses to permit access to, or copying of, such records as
the OEM determines necessary to accomplish its duties and
responsibilities.
B. The court shall have jurisdiction to provide such relief as
may be appropriate. Any relief granted by the court to enforce an
order under subsection A of this section shall continue in effect
until the completion or final termination of all proceedings for
review of such order is made, unless the district court granting
such relief sets it aside or modifies it.
C. Any person willfully violating any rule, regulation or order
of the OEM shall be deemed guilty of a misdemeanor, and shall, upon
conviction thereof, be punished by imprisonment in the county jail
for not more than six (6) months, or by a fine of not more than
Three Thousand Dollars ($3,000.00), or both. Each day of violation
shall constitute a separate offense.
D. The Department of Public Safety, the Oklahoma State Bureau
of Investigation, and the Oklahoma Tax Commission shall assist the
OEM in the enforcement of any rule, regulation or order of the OEM.
Added by Laws 1981, c. 265, § 7, emerg. eff. June 25, 1981. Amended
by Laws 2003, c. 329, § 18, emerg. eff. May 29, 2003.
§63-683.24. Emergency Management Disaster Relief Matching Fund.
There is hereby created in the State Treasury a special fund for
the Oklahoma Department of Emergency Management, to be designated
the Emergency Management Disaster Relief Matching Fund. The fund
shall be a continuing fund not subject to fiscal year limitations,
and shall be composed of monies that may be appropriated to or
otherwise received by said fund. Said fund is to be utilized as the
state's share of matching requirements for federal funds advanced
under the provisions of Sections 402, 403 and 419, Public Law 93-
288, Disaster Relief Act of 1974 and shall not be subject to
legislative appropriation.
Added by Laws 1982, c. 374, § 42, emerg. eff. July 20, 1982.
Amended by Laws 2003, c. 329, § 19, emerg. eff. May 29, 2003.
§63-683.24A. Emergency Relief and Impacts Grant Program.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1237
A. There is hereby created a grant program at the Oklahoma
Department of Emergency Management and Homeland Security named the
"Emergency Relief and Impacts Grant Program".
B. The grant program shall be used to either:
1. Provide effective service delivery or administrative needs
to increase public sector capacity; or
2. Provide emergency relief from natural disasters or negative
economic impacts of natural disasters, including immediate needs.
C. The Oklahoma Department of Emergency Management and Homeland
Security may promulgate rules to administer the grant program. Such
rules shall be consistent with the provisions of the American Rescue
Plan Act of 2021, Public Law No. 117-2, Section 604, and guidance
from the United States Department of Treasury.
Added by Laws 2023, 1st Ex. Sess., c. 11, § 1, emerg. eff. June 2,
2023.
§63-683.24B. Emergency Relief and Impacts Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Department of Emergency Management and Homeland
Security to be designated the "Emergency Relief and Impacts
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 Department of Emergency Management and Homeland
Security from all sources designated by law. All monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the Oklahoma Department of Emergency Management and
Homeland Security for the purpose of the Emergency Relief and
Impacts Grant Program. Expenditures from said 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. All expenditures from
said fund derived of deposits made from the Statewide Recovery Fund
of the State Treasury created in Enrolled House Bill No. 3349 of the
2nd Session of the 58th Oklahoma Legislature, shall be made in
accordance with the provisions and guidance of the American Rescue
Plan Act of 2021, Public Law No. 117-2, Section 604.
Added by Laws 2023, 1st Ex. Sess., c. 11, § 2, emerg. eff. June 2,
2023.
§63-683.25. Short title.
This act shall be known and may be cited as the "Oklahoma
Volunteerism Act".
Added by Laws 1992, c. 340, § 1. Renumbered from § 8001 of Title 74
by Laws 1996, c. 244, § 11, eff. July 1, 1996.
§63-683.26. Voluntary involvement in emergency management programs
– Voluntary emergency management initiatives.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1238
The Oklahoma Department of Emergency Management shall:
1. Support voluntary involvement in public and private
emergency management programs to meet the needs of the citizens of
the State of Oklahoma;
2. Stimulate new voluntary emergency management initiatives and
partnerships; and
3. Serve as a resource and advocate within the State of
Oklahoma for volunteer agencies, volunteers and programs which
utilize volunteers to support emergency response and disaster
recovery operations.
Added by Laws 1992, c. 340, § 2. Amended by Laws 1996, c. 244, § 1,
eff. July 1, 1996. Renumbered from § 8002 of Title 74 by Laws 1996,
c. 244, § 11, eff. July 1, 1996. Amended by Laws 2003, c. 329, §
20, emerg. eff. May 29, 2003; Laws 2013, c. 227, § 16, eff. Nov. 1,
2013.
§63-683.27. Repealed by Laws 2013, c. 227, § 18, eff. Nov. 1, 2013.
§63-683.28. Oklahoma Department of Emergency Management – Volunteer
programs.
The Oklahoma Department of Emergency Management, in cooperation
with governmental entities, individual volunteers and volunteer
organizations throughout the State of Oklahoma, shall:
1. Assist all state agencies in the development of emergency
management volunteer programs;
2. Operate as a statewide information center for volunteer
programs and needed services that could be delivered by volunteer
programs;
3. Provide or aid in the provision of technical assistance and
training for directors and coordinators of volunteers, for staff,
and for individual volunteers for state, local or private entities;
4. Assess and recognize the needs of communities throughout the
State of Oklahoma and assist volunteer programs to meet emergency
preparedness and disaster recovery programs;
5. Promote and coordinate efforts to expand and improve the
statewide voluntary network;
6. Develop, implement and maintain a volunteer clearinghouse to
disseminate information to support emergency management volunteer
programs and to broaden voluntary involvement throughout the State
of Oklahoma;
7. Promote communication and collaboration between public and
private volunteer programs in the State of Oklahoma and between the
public and private sector's initiatives in meeting emergency human
needs;
8. Establish methods for supporting and promoting private
sector leadership and responsibility for meeting emergency public
needs;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1239
9. Cooperate with federal, state, and local volunteer groups in
collecting information on federal, state and private resources which
may encourage and improve emergency management volunteer projects
within the State of Oklahoma;
10. Develop a program to inform the public of the opportunities
to volunteer and of the services emergency management volunteers
provide within the State of Oklahoma; and
11. Cooperate with federal, state and local governments and
voluntary groups in developing a plan and operational procedures for
the receiving and disbursement of donated goods during times of
disaster or emergency.
Added by Laws 1992, c. 340, § 3. Amended by Laws 1996, c. 244, § 3,
eff. July 1, 1996. Renumbered from § 8003 of Title 74 by Laws 1996,
c. 244, § 11, eff. July 1, 1996. Amended by Laws 2003, c. 329, §
22, emerg. eff. May 29, 2003; Laws 2013, c. 227, § 17, eff. Nov. 1,
2013.
§63-683.29. Repealed by Laws 2007, c. 93, § 9, eff. Nov. 1, 2007.
§63-683.30. Repealed by Laws 2013, c. 227, § 18, eff. Nov. 1, 2013.
§63-683.31. Repealed by Laws 2013, c. 227, § 18, eff. Nov. 1, 2013.
§63-683.32. Funds, grants, and services from federal government -
Receipt and expenditure.
The Director of the Oklahoma Department of Emergency Management
may receive and expend funds, grants, and services from the United
States Government and agencies and instrumentalities thereof and any
other source for reasonable purposes necessary to carry out a
coordinated plan of voluntary action throughout the State of
Oklahoma. The monies remitted to the Director of the Oklahoma
Department of Emergency Management pursuant to this section shall be
credited to a separate account in the Revolving Fund for the
Oklahoma Department of Emergency Management.
Added by Laws 1992, c. 340, § 6. Amended by Laws 1996, c. 244, § 7,
eff. July 1, 1996. Renumbered from § 8006 of Title 74 by Laws 1996,
c. 244, § 11, eff. July 1, 1996. Amended by Laws 2003, c. 329, §
23, emerg. eff. May 29, 2003.
§63-683.33. Power to make contracts and agreements.
The Director of the Oklahoma Department of Emergency Management
may make and enter into all contracts and agreements necessary or
incidental to the performance of its duties and the provisions of
the Oklahoma Volunteerism Act.
Added by Laws 1992, c. 340, § 7. Amended by Laws 1996, c. 244, § 8,
eff. July 1, 1996. Renumbered from § 8007 of Title 74 by Laws 1996,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1240
c. 244, § 11, eff. July 1, 1996. Amended by Laws 2003, c. 329, §
24, emerg. eff. May 29, 2003.
§63-683.34. Rules.
The Director of the Oklahoma Department of Emergency Management
shall promulgate rules necessary for the implementation of the
provisions of the Oklahoma Volunteerism Act in accordance with
Article 1 of the Administrative Procedures Act, Sections 250.3
through 308.2 and Article II, Sections 309 through 323 of Title 75
of the Oklahoma Statutes.
Added by Laws 1992, c. 340, § 8. Amended by Laws 1996, c. 244, § 9,
eff. July 1, 1996. Renumbered from § 8008 of Title 74 by Laws 1996,
c. 244, § 11, eff. July 1, 1996. Amended by Laws 2003, c. 329, §
25, emerg. eff. May 29, 2003.
§63-683.35. Short title - Oklahoma First Informer Broadcasters Act.
This act shall be known and may be cited as the "Oklahoma First
Informer Broadcasters Act".
Added by Laws 2014, c. 129, § 1, emerg. eff. April 22, 2014.
§63-683.36. Definitions – Training and certification program –
Access to area affected by emergency or disaster.
A. As defined in this section:
1. "Broadcaster" means a radio broadcasting station or
television broadcasting station primarily engaged in, and deriving
income from, the business of facilitating speech via over-the-air
communications, both as to pure speech and commercial speech; and
2. "First informer broadcaster" means a person who has been
certified as a first informer broadcaster pursuant to subsection C
of this section.
B. Broadcasters in this state may, in cooperation with the
Oklahoma Department of Emergency Management and a statewide
organization that represents radio and television broadcasters,
develop comprehensive, coordinated plans for preparing for and
responding appropriately to an emergency or disaster.
C. A statewide organization that represents radio and
television broadcasters may establish a program for training and
certifying broadcast engineers and technical personnel as first
informer broadcasters. The program established pursuant to this
subsection shall:
1. Be consistent with federal law and guidelines;
2. Provide training and education concerning restoring,
repairing and resupplying any facilities and equipment of a
broadcaster in an area affected by an emergency or disaster; and
3. Provide training and education concerning the personal
safety of a first informer broadcaster in an area affected by an
emergency or disaster.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1241
D. To the extent practicable and consistent with not
endangering public safety or inhibiting recovery efforts, state and
local governmental agencies shall allow a first informer broadcaster
access to an area affected by an emergency or disaster for the
purpose of restoring, repairing, or resupplying any facility or
equipment critical to the ability of a broadcaster to acquire,
produce, and transmit essential emergency or disaster-related public
information programming, including, without limitation, repairing
and maintaining transmitters and generators, and transporting fuel
for generators.
Added by Laws 2014, c. 129, § 2, emerg. eff. April 22, 2014.
§63-684.1. Entry into Emergency Management Compact.
The Emergency Management Compact is hereby entered into by this
state with any and all other states legally joining therein in
accordance with its terms, in the form substantially as follows:
Added by Laws 1996, c. 325, § 1, emerg. eff. June 12, 1996.
§63-684.2. Purpose and authorities.
ARTICLE I
Purpose and Authorities
This compact is made and entered into by and between the
participating member states, hereinafter called party states, which
enact this compact. For the purposes of this compact, the term
"states" is taken to mean the several states, the Commonwealth of
Puerto Rico, the District of Columbia, and all U.S. territorial
possessions.
The purpose of this compact is to provide for mutual assistance
between the states entering into this compact in managing any
emergency or disaster that is duly declared by the governor of the
affected state, whether arising from natural or man-made disasters
or emergencies.
This compact shall also provide for mutual cooperation in
emergency-related exercises, testing, or other training activities
using equipment and personnel simulating performance of any aspect
of the giving and receiving of aid by party states or subdivisions
of party states during emergencies, such actions occurring outside
actual declared emergency periods. Mutual assistance in this
compact may include the use of the states' National Guard forces,
either in accordance with the National Guard Mutual Assistance
Compact or by mutual agreement between states.
Added by Laws 1996, c. 325, § 2, emerg. eff. June 12, 1996. Amended
by Laws 2003, c. 329, § 26, emerg. eff. May 29, 2003.
§63-684.3. General implementation.
ARTICLE II
General Implementation
Oklahoma Statutes - Title 63. Public Health and Safety Page 1242
Each party state entering into this compact recognizes that many
emergencies transcend political jurisdictional boundaries and that
intergovernmental coordination is essential in managing these and
other emergencies under this compact. Each state further recognizes
that there will be emergencies which require immediate access and
present procedures to apply outside resources to make a prompt and
effective response to such an emergency. This is because few, if
any, individual states have all the resources they need in all types
of emergencies or the capability of delivering resources to the area
where emergencies occur.
The prompt, full, and effective utilization of resources of the
participating states, including any resources on hand or available
from the federal government or any other source, that are essential
to the safety, care and welfare of the people in the event of any
emergency or disaster declared by a party state, shall be the
underlying principle on which all articles of this compact shall be
understood.
On behalf of the governor of each state participating in the
compact, the legally designated state official who is assigned
responsibility for emergency management will be responsible for
formulation of the appropriate interstate mutual aid plans and
procedures necessary to implement this compact.
Added by Laws 1996, c. 325, § 3, emerg. eff. June 12, 1996.
§63-684.4. Party state responsibilities.
ARTICLE III
Party State Responsibilities
A. It shall be the responsibility of each party state to
formulate procedural plans and programs for interstate cooperation
in the performance of the responsibilities listed in this article.
In formulating such plans, and in carrying them out, the party
states, insofar as practical, shall:
1. Review individual state hazards analyses and, to the extent
reasonably possible, determine all those potential emergencies the
party states might jointly suffer, whether due to natural or man-
made disasters or emergencies;
2. Review party states' individual emergency plans and develop
a plan which will determine the mechanism for the interstate
management and provision of assistance concerning any potential
emergency;
3. Develop interstate procedures to fill any identified gaps
and to resolve any identified inconsistencies or overlaps in
existing or developed plans;
4. Assist in warning communities adjacent to or crossing the
state boundaries;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1243
5. Protect and assure uninterrupted delivery of services,
medicines, water, food, energy and fuel, search and rescue, and
critical lifeline equipment, and resources, both human and material;
6. Inventory and set procedures for the interstate loan and
delivery of human and material resources, together with procedures
for reimbursement or forgiveness; and
7. Provide, to the extent authorized by law, for temporary
suspension of any statutes or ordinances that restrict the
implementation of the above responsibilities.
B. The authorized representative of a party state may request
assistance of another party state by contacting the authorized
representative of that state. The provisions of this compact shall
only apply to requests for assistance made by and to authorized
representatives. Requests may be verbal or in writing. If verbal,
the request shall be confirmed in writing within thirty (30) days of
the verbal request. Requests shall provide the following
information:
1. A description of the emergency service function for which
assistance is needed, including, but not limited to, fire services,
law enforcement, emergency medical, transportation, communications,
public works and engineering, building inspection, planning and
information assistance, mass care, resource support, health and
medical services, and search and rescue;
2. The amount and type of personnel, equipment, materials and
supplies needed and a reasonable estimate of the length of time they
will be needed; and
3. The specific place and time for staging of the assisting
party's response and a point of contact at that location.
C. There shall be frequent consultation between state officials
who have assigned emergency management responsibilities and other
appropriate representatives of the party states with affected
jurisdictions and the United States Government, with free exchange
of information, plans, and resource records relating to emergency
capabilities.
D. The Governor of the State of Oklahoma shall not be obligated
under this compact to send the requested assistance, except in such
Governor's sole and absolute discretion, and may be withdrawn at any
time in the sole and absolute discretion of the Governor of
Oklahoma.
Added by Laws 1996, c. 325, § 4, emerg. eff. June 12, 1996. Amended
by Laws 2003, c. 329, § 27, emerg. eff. May 29, 2003.
§63-684.5. Limitations.
ARTICLE IV
Limitations
Any party state requested to render mutual aid or conduct
exercises and training for mutual aid shall take such action as is
Oklahoma Statutes - Title 63. Public Health and Safety Page 1244
necessary to provide and make available the resources covered by
this compact in accordance with the terms hereof; provided that it
is understood that the state rendering aid may withhold resources to
the extent necessary to provide reasonable protection for such
state.
Each party state shall afford to the emergency forces of any
party state, while operating within its state limits under the terms
and conditions of this compact, the same powers, except that of
arrest unless specifically authorized by the receiving state,
duties, rights, and privileges as are afforded forces of the state
in which they are performing emergency services. Emergency forces
will continue under the command and control of their regular
leaders, but the organizational units will come under the
operational control of the emergency services authorities of the
state receiving assistance. These conditions may be activated, as
needed, only subsequent to a declaration of a state emergency or
disaster by the governor of the party state that is to receive
assistance or upon commencement of exercises or training for mutual
aid and shall continue as long as the exercises or training for
mutual aid are in progress, the state of emergency or disaster
remains in effect, or loaned resources remain in the receiving
state, whichever is longer.
Added by Laws 1996, c. 325, § 5, emerg. eff. June 12, 1996.
§63-684.6. Licenses and permits.
ARTICLE V
Licenses and Permits
Whenever any person holds a license, certificate, or other
permit issued by any state party evidencing the meeting of
qualifications for professional, mechanical, or other skills, and
when such assistance is requested by the receiving party state, such
person shall be deemed licensed, certified, or permitted by the
state requesting assistance to render aid involving such skill to
meet a declared emergency or disaster, subject to such limitations
and conditions as the governor of the requesting state may prescribe
by executive order or otherwise.
Added by Laws 1996, c. 325, § 6, emerg. eff. June 12, 1996.
§63-684.7. Liability.
ARTICLE VI
Liability
Officers or employees of a party state rendering aid in another
state pursuant to this compact shall be considered agents of the
requesting state for tort liability and immunity purposes. No party
state or its officers or employees rendering aid in another state
pursuant to this compact shall be liable on account of any act or
omission in good faith on the part of such forces while so engaged
Oklahoma Statutes - Title 63. Public Health and Safety Page 1245
or on account of the maintenance or use of any equipment or supplies
in connection therewith. Good faith in this article shall not
include willful misconduct, gross negligence, or recklessness.
Added by Laws 1996, c. 325, § 7, emerg. eff. June 12, 1996.
§63-684.8. Supplementary agreements.
ARTICLE VII
Supplementary Agreements
Inasmuch as it is probable that the pattern and detail of the
machinery for mutual aid among two or more states may differ from
that among the states that are party hereto, this compact contains
elements of a broad base common to all states, and nothing herein
shall preclude any state entering into supplementary agreements with
another state or affect any other agreements already in force
between states. Supplementary agreements may include, but shall not
be limited to, provisions for evacuation and reception of injured
and other persons and the exchange of medical, fire, police, public
utility, reconnaissance, welfare, transportation and communications
personnel, and equipment and supplies.
Added by Laws 1996, c. 325, § 8, emerg. eff. June 12, 1996.
§63-684.9. Compensation.
ARTICLE VIII
Compensation
Each state shall provide for the payment of compensation and
death benefits to injured members of the emergency forces of that
state and representatives of deceased members of such forces who
sustain injuries or are killed while rendering aid pursuant to this
compact, in the same manner and on the same terms as if the injury
or death were sustained within their own state.
Added by Laws 1996, c. 325, § 9, emerg. eff. June 12, 1996.
§63-684.10. Reimbursement.
ARTICLE IX
Reimbursement
Any party state rendering aid in another state pursuant to this
compact shall be reimbursed by the party state receiving such aid
for any loss or damage to or expense incurred in the operation of
any equipment and the provision of any service in answering a
request for aid and for the costs incurred in connection with such
requests; provided, that any aiding party state may assume in whole
or in part such loss, damage, expense, or other cost, or may loan
such equipment or donate such services to the receiving party state
without charge or cost; and provided further, that any two or more
party states may enter into supplementary agreements establishing a
different allocation of costs among those states. Article VIII
expenses shall not be reimbursable under this article.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1246
Added by Laws 1996, c. 325, § 10, emerg. eff. June 12, 1996.
§63-684.11. Evacuation.
ARTICLE X
Evacuation
Plans for the orderly evacuation and interstate reception of
portions of the civilian population as the result of any emergency
or disaster of sufficient proportions to so warrant, shall be worked
out and maintained between the party states and the emergency
management or services directors of the various jurisdictions where
any type of incident requiring evacuations might occur. Such plans
shall be put into effect by request of the state from which evacuees
come and shall include the manner of transporting such evacuees, the
number of evacuees to be received in different areas, the manner in
which food, clothing, housing, and medical care will be provided,
the registration of the evacuees, the providing of facilities for
the notification of relatives or friends, and the forwarding of such
evacuees to other areas or the bringing in of additional materials,
supplies, and all other relevant factors. Such plans shall provide
that the party state receiving evacuees and the party state from
which the evacuees come shall mutually agree as to reimbursement of
out-of-pocket expenses incurred in receiving and caring for such
evacuees, for expenditures for transportation, food, clothing,
medicines and medical care, and like items. Such expenditures shall
be reimbursed as agreed by the party state from which the evacuees
come. After the termination of the emergency or disaster, the party
state from which the evacuees come shall assume the responsibility
for the ultimate support of repatriation of such evacuees.
Added by Laws 1996, c. 325, § 11, emerg. eff. June 12, 1996.
§63-684.12. Implementation.
ARTICLE XI
Implementation
A. This compact shall become effective immediately upon its
enactment into law by any two states. Thereafter, this compact
shall become effective as to any other state upon enactment by that
state.
B. Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until thirty (30) days after the governor of the withdrawing state
has given notice in writing of such withdrawal to the governors of
all other party states. Such action shall not relieve the
withdrawing state from obligations assumed hereunder prior to the
effective date of withdrawal.
C. Duly authenticated copies of this compact and of such
supplementary agreements as may be entered into shall, at the time
of their approval, be deposited with each of the party states and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1247
with the Federal Emergency Management Agency and other appropriate
agencies of the United States government.
Added by Laws 1996, c. 325, § 12, emerg. eff. June 12, 1996.
§63-684.13. Validity.
ARTICLE XII
Validity
Nothing in this compact shall authorize or permit the use of
military force by the National Guard of a state at any place outside
that state in any emergency for which the President is authorized by
law to call into federal service the militia, or for any purpose for
which the use of the Army or the United States Air Force would in
the absence of express statutory authorization be prohibited under
Section 1385 of Title 18 of the United States Code.
Nothing in this compact shall limit or prohibit the Governor's
authority to send troops out of state as specified in Section 229 of
Title 44 of the Oklahoma Statutes.
Added by Laws 1996, c. 325, § 13, emerg. eff. June 12, 1996.
§63-684.14. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 31, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013). Now see Title 63, § 684.25.
§63-684.15. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 32, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013). Now see Title 63, § 684.26.
§63-684.16. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 33, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013). Now see Title 63, § 684.27.
§63-684.17. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 34, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013). Now see Title 63, § 684.28.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1248
§63-684.18. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 35, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013). Now see Title 63, § 684.29.
§63-684.19. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 36, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013). Now see Title 63, § 684.30.
§63-684.20. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 37, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013). Now see Title 63, § 684.31.
§63-684.21. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 38, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013). Now see Title 63, § 684.32.
§63-684.22. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 39, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013). Now see Title 63, § 684.33.
§63-684.23. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 40, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013). Now see Title 63, § 684.34.
§63-684.24. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 41, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1249
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013). Now see Title 63, § 684.35.
§63-684.25. Short title - Uniform Emergency Volunteer Health
Practitioners Act.
Sections 3 through 13 of this act shall be known and may be
cited as the "Uniform Emergency Volunteer Health Practitioners Act".
Added by Laws 2013, 1st Ex. Sess., c. 3, § 3, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.14,
which was derived from Laws 2009, c. 228, § 31, which was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013).
§63-684.26. Definitions.
As used in the Uniform Emergency Volunteer Health Practitioners
Act:
1. "Disaster relief organization" means an entity that provides
emergency or disaster relief services that include health or
veterinary services provided by volunteer health practitioners and
that:
a. is designated or recognized as a provider of those
services pursuant to a disaster response and recovery
plan adopted by an agency of the federal government or
the State Department of Health, and
b. regularly plans and conducts its activities in
coordination with an agency of the federal government
or the State Department of Health;
2. "Emergency" means an event or condition that is an emergency
pursuant to the Oklahoma Emergency Management Act of 2003 or the
Catastrophic Health Emergency Powers Act;
3. "Emergency declaration" means a declaration of emergency
issued by a person authorized to do so under the laws of this state
pursuant to the Oklahoma Emergency Management Act of 2003 or the
Catastrophic Health Emergency Powers Act;
4. "Emergency Management Assistance Compact" means the
interstate compact approved by Congress by Public Law No. 104-
321,110 Stat. 3877;
5. "Entity" means a person other than an individual;
6. "Health facility" means an entity licensed under the laws of
this or another state to provide health or veterinary services;
7. "Health practitioner" means an individual licensed under the
laws of this or another state to provide health or veterinary
services;
8. "Health services" means the provision of treatment, care,
advice or guidance, or other services, or supplies, related to the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1250
health or death of individuals or human populations, to the extent
necessary to respond to an emergency, including:
a. the following, concerning the physical or mental
condition or functional status of an individual or
affecting the structure or function of the body:
(1) preventive, diagnostic, therapeutic,
rehabilitative, maintenance, or palliative care,
and
(2) counseling, assessment, procedures, or other
services,
b. sale or dispensing of a drug, a device, equipment, or
another item to an individual in accordance with a
prescription, and
c. funeral, cremation, cemetery, or other mortuary
services;
9. "Host entity" means an entity operating in this state which
uses volunteer health practitioners to respond to an emergency;
10. "License" means authorization by a state to engage in
health or veterinary services that are unlawful without the
authorization and includes authorization under the laws of this
state to an individual to provide health or veterinary services
based upon a national certification issued by a public or private
entity;
11. "Person" means an individual, corporation, business trust,
trust, partnership, limited liability company, association, joint
venture, public corporation, government or governmental subdivision,
agency, or instrumentality, or any other legal or commercial entity;
12. "Scope of practice" means the extent of the authorization
to provide health or veterinary services granted to a health
practitioner by a license issued to the practitioner in the state in
which the principal part of the practitioner's services are
rendered, including any conditions imposed by the licensing
authority;
13. "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States;
14. "Veterinary services" means the provision of treatment,
care, advice or guidance, or other services, or supplies, related to
the health or death of an animal or to animal populations, to the
extent necessary to respond to an emergency, including, but not
limited to:
a. diagnosis, treatment, or prevention of an animal
disease, injury, or other physical or mental condition
by the prescription, administration, or dispensing of
vaccine, medicine, surgery, or therapy,
b. use of a procedure for reproductive management, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1251
c. monitoring and treatment of animal populations for
diseases that have spread or demonstrate the potential
to spread to humans; and
15. "Volunteer health practitioner" means a health practitioner
who provides health or veterinary services, whether or not the
practitioner receives compensation for those services and does not
include a practitioner who receives compensation pursuant to a
preexisting employment relationship with a host entity or affiliate
which requires the practitioner to provide health services in this
state, unless the practitioner is not a resident of this state and
is employed by a disaster relief organization providing services in
this state while an emergency declaration is in effect.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 4, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.15,
which was derived from Laws 2009, c. 228, § 32, which was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013).
§63-684.27. Applicability to volunteer health practitioners.
The Uniform Emergency Volunteer Health Practitioners Act applies
to volunteer health practitioners registered with a registration
system that complies with Section 7 of this act and who provide
health or veterinary services in this state for a host entity while
an emergency declaration is in effect.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 5, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.16,
which was derived from Laws 2009, c. 228, § 33, which was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013).
§63-684.28. Regulation of services during emergency.
A. While an emergency declaration is in effect, the State
Department of Health may limit, restrict, or otherwise regulate:
1. The duration of practice by volunteer health practitioners;
2. The geographical areas in which volunteer health
practitioners may practice;
3. The types of volunteer health practitioners who may
practice; and
4. Any other matters necessary to coordinate effectively the
provision of health or veterinary services during the emergency.
B. An order issued pursuant to subsection A of this section may
take effect immediately, without prior notice or comment, and is not
a rule within the meaning of the Administrative Procedures Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1252
C. A host entity that uses volunteer health practitioners to
provide health or veterinary services in this state shall:
1. Consult and coordinate its activities with the State
Department of Health to the extent practicable to provide for the
efficient and effective use of volunteer health practitioners; and
2. Comply with any laws other than this act relating to the
management of emergency health or veterinary services, including the
Oklahoma Emergency Management Act of 2003 and the Catastrophic
Health Emergency Powers Act.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 6, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.17,
which was derived from Laws 2009, c. 228, § 34, which was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013).
§63-684.29. Volunteer health practitioner registration systems.
A. To qualify as a volunteer health practitioner registration
system, a system must:
1. Accept applications for the registration of volunteer health
practitioners before or during an emergency;
2. Include information about the licensure and good standing of
health practitioners which is accessible by authorized persons;
3. Be capable of confirming the accuracy of information
concerning whether a health practitioner is licensed and in good
standing before health services or veterinary services are provided
under the Uniform Emergency Volunteer Health Practitioners Act; and
4. Meet one of the following conditions:
a. be an emergency system for advance registration of
volunteer health practitioners established by a state
and funded through the Health Resources Services
Administration under Section 319I of the Public Health
Services Act, 42 U.S.C., Section 247d-7b,
b. be a local unit consisting of trained and equipped
emergency response, public health, and medical
personnel formed pursuant to Section 2801 of the
Public Health Services Act, 42 U.S.C., Section 300hh,
c. be operated by a:
(1) disaster relief organization,
(2) licensing board,
(3) national or regional association of licensing
boards or health practitioners,
(4) health facility that provides comprehensive
inpatient and outpatient health-care services,
including a tertiary care and teaching hospital,
or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1253
(5) governmental entity, or
d. be designated by the State Department of Health as a
registration system for purposes of the Uniform
Emergency Volunteer Health Practitioners Act.
B. While an emergency declaration is in effect, the State
Department of Health, a person authorized to act on behalf of the
Department, or a host entity may confirm whether volunteer health
practitioners utilized in this state are registered with a
registration system that complies with subsection A of this section.
Confirmation is limited to obtaining identities of the practitioners
from the system and determining whether the system indicates that
the practitioners are licensed and in good standing.
C. Upon request of a person in this state authorized under
subsection B of this section, or a similarly authorized person in
another state, a registration system located in this state shall
notify the person of the identities of volunteer health
practitioners and whether the practitioners are licensed and in good
standing.
D. A host entity shall not be required to use the services of a
volunteer health practitioner even if the practitioner is registered
with a registration system that indicates that the practitioner is
licensed and in good standing.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 7, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.18,
which was derived from Laws 2009, c. 228, § 35, which was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013).
§63-684.30. Recognition of volunteer health practitioners licensed
in other states.
A. While an emergency declaration is in effect, a volunteer
health practitioner, registered with a registration system that
complies with Section 7 of this act and licensed and in good
standing in the state upon which the registration of the
practitioner is based, may practice in this state to the extent
authorized by the Uniform Emergency Volunteer Health Practitioners
Act as if the practitioner were licensed in this state.
B. A volunteer health practitioner qualified under subsection A
of this section is not entitled to the protections of the Uniform
Emergency Volunteer Health Practitioners Act if the practitioner is
licensed in more than one state and any license of the practitioner
is suspended, revoked, or subject to an agency order limiting or
restricting practice privileges, or has been voluntarily terminated
under threat of sanction.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1254
Added by Laws 2013, 1st Ex. Sess., c. 3, § 8, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.19,
which was derived from Laws 2009, c. 228, § 36, which was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013).
§63-684.31. No effect on credentialing and privileging.
A. For purposes of this section:
1. "Credentialing" means obtaining, verifying, and assessing
the qualifications of a health practitioner to provide treatment,
care, or services in or for a health facility; and
2. "Privileging" means the authorizing by an appropriate
authority, such as a governing body, of a health practitioner to
provide specific treatment, care, or services at a health facility
subject to limits based on factors that include license, education,
training, experience, competence, health status, and specialized
skill.
B. The Uniform Emergency Volunteer Health Practitioners Act
does not affect credentialing or privileging standards of a health
facility and does not preclude a health facility from waiving or
modifying those standards while an emergency declaration is in
effect.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 9, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.20,
which was derived from Laws 2009, c. 228, § 37, which was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013).
§63-684.32. Provision of volunteer health or veterinary services –
Administrative sanctions.
A. Subject to subsections B and C of this section, a volunteer
health practitioner shall adhere to the scope of practice for a
similarly licensed practitioner established by the licensing
provisions, practice acts, or other laws of this state.
B. Except as otherwise provided in subsection C of this
section, the Uniform Emergency Volunteer Health Practitioners Act
does not authorize a volunteer health practitioner to provide
services that are outside the scope of practice of the practitioner,
even if a similarly licensed practitioner in this state would be
permitted to provide the services.
C. The State Department of Health may modify or restrict the
health or veterinary services that volunteer health practitioners
may provide pursuant to the Uniform Emergency Volunteer Health
Oklahoma Statutes - Title 63. Public Health and Safety Page 1255
Practitioners Act. An order under this subsection may take effect
immediately, without prior notice or comment, and is not a rule
within the meaning of the Administrative Procedures Act.
D. A host entity may restrict the health or veterinary services
that a volunteer health practitioner may provide pursuant to the
Uniform Emergency Volunteer Health Practitioners Act.
E. A volunteer health practitioner does not engage in
unauthorized practice unless the practitioner has reason to know of
any limitation, modification, or restriction under this section or
that a similarly licensed practitioner in this state would not be
permitted to provide the services. A volunteer health practitioner
has reason to know of a limitation, modification, or restriction or
that a similarly licensed practitioner in this state would not be
permitted to provide a service if:
1. The practitioner knows the limitation, modification, or
restriction exists or that a similarly licensed practitioner in this
state would not be permitted to provide the service; or
2. From all the facts and circumstances known to the
practitioner at the relevant time, a reasonable person would
conclude that the limitation, modification, or restriction exists or
that a similarly licensed practitioner in this state would not be
permitted to provide the service.
F. In addition to the authority granted by law of this state
other than the Uniform Emergency Volunteer Health Practitioners Act
to regulate the conduct of health practitioners, a licensing board
or other disciplinary authority in this state:
1. May impose administrative sanctions upon a health
practitioner licensed in this state for conduct outside of this
state in response to an out-of-state emergency;
2. May impose administrative sanctions upon a practitioner not
licensed in this state for conduct in this state in response to an
in-state emergency; and
3. Shall report any administrative sanctions imposed upon a
practitioner licensed in another state to the appropriate licensing
board or other disciplinary authority in any other state in which
the practitioner is known to be licensed.
G. In determining whether to impose administrative sanctions
under subsection F of this section, a licensing board or other
disciplinary authority shall consider the circumstances in which the
conduct took place, including any exigent circumstances, and the
scope of practice, education, training, experience, and specialized
skill of the practitioner.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 10, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.21,
which was derived from Laws 2009, c. 228, § 38, which was held
unconstitutional by the Oklahoma Supreme Court in the case of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1256
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013).
§63-684.33. Relation to other laws.
A. The Uniform Emergency Volunteer Health Practitioners Act
does not limit rights, privileges, or immunities provided to
volunteer health practitioners by laws other than the Uniform
Emergency Volunteer Health Practitioners Act. Except as otherwise
provided in subsection B of this section, the Uniform Emergency
Volunteer Health Practitioners Act does not affect requirements for
the use of health practitioners pursuant to the Emergency Management
Assistance Compact.
B. The State Department of Health, pursuant to the Emergency
Management Assistance Compact, may incorporate into the emergency
forces of this state volunteer health practitioners who are not
officers or employees of this state, a political subdivision of this
state, or a municipality or other local government within this
state.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 11, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.22,
which was derived from Laws 2009, c. 228, § 39, which was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013).
§63-684.34. Regulatory authority.
The State Board of Health may promulgate rules to implement the
Uniform Emergency Volunteer Health Practitioners Act. In doing so,
the State Department of Health shall consult with and consider the
recommendations of the entity established to coordinate the
implementation of the Emergency Management Assistance Compact and
shall also consult with and consider rules promulgated by similarly
empowered agencies in other states to promote uniformity of
application of the Uniform Emergency Volunteer Health Practitioners
Act and make the emergency response systems in the various states
reasonably compatible.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 12, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.23,
which was derived from Laws 2009, c. 228, § 40, which was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013).
§63-684.35. Uniformity of application and construction.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1257
In applying and construing the Uniform Emergency Volunteer
Health Practitioners Act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter
among states that enact it.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 13, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.24,
which was derived from Laws 2009, c. 228, § 41, which was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013).
§63-685.1. Citation.
This act shall be known and may be cited as the "Emergency
Interim Executive and Judicial Succession Act", and shall be
cumulative to the Oklahoma Emergency Management Act of 2003.
Added by Laws 1959, p. 212, § 1, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 1, emerg. eff. June 13, 1963; Laws 2003, c.
329, § 28, emerg. eff. May 29, 2003.
§63-685.2. Findings and declarations.
Because of the existing possibility of natural and man-made
emergencies and disasters in the United States of unprecedented size
and destructiveness, and in the event such an incident occurs: to
assure continuity of government through legally-constituted
leadership, authority and responsibility in offices of the
government of the state and its political subdivisions; to provide
for the effective operation of governments during an emergency
caused by an incident in the United States; and to facilitate the
early resumption of functions temporarily suspended, it is found and
declared to be necessary: to provide for additional officers who
can exercise the powers and discharge the duties of Governor; to
provide for emergency interim succession to governmental offices of
this state and its political subdivisions in the event incumbents
thereof (and their deputies, assistants or other subordinate
officers authorized, pursuant to law, to exercise all of the powers
and discharge the duties of such offices hereinafter referred to as
deputies) are unavailable to perform the duties and functions of
such offices; and to provide for special emergency judges who can
exercise the powers and discharge the duties of judicial offices in
the event regular judges are unavailable, the provisions of this act
are adopted to meet emergency conditions, which result from natural
and man-made emergencies and disasters in the United States.
Added by Laws 1959, p. 212, § 2, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 2, emerg. eff. June 13, 1963; Laws 2003, c.
329, § 29, emerg. eff. May 29, 2003.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1258
§63-685.3. Definitions.
As used in this act:
1. "Unavailable" means either that a vacancy in office exists
and there is no deputy authorized to exercise all of the powers and
discharge the duties of the office, or that the lawful incumbent of
the office, including any deputy exercising the powers and
discharging the duties of an office because of a vacancy, and the
duly authorized deputy are absent or unable to exercise the powers
and discharge the duties of the offices;
2. "Emergency interim successor" means a person designated
pursuant to this act, in the event the officer is unavailable, to
exercise the powers and discharge the duties of an office until a
successor is appointed or elected and qualified as may be provided
by the Constitution, statutes, charters and ordinances or until the
lawful incumbent is able to resume the exercise of the powers and
discharge the duties of the office;
3. "Office" includes all state and local offices, the powers
and duties of which are defined by the Constitution, statutes,
charters and ordinances, except the office of Governor, and except
those in the Legislature and the judiciary;
4. “Emergency” means any occasion or instance for which, in the
determination of the President of the United States or the Governor
of the State of Oklahoma, federal or state assistance is needed to
supplement state and local efforts and capabilities to save lives
and protect property and public health and safety, or to lessen or
avert threat or catastrophe in any part of the state;
5. "Political subdivision" includes counties, cities, towns,
districts, authorities and other public corporations and entities
whether organized and existing under charter or general law;
6. "Deputy" means a person legally authorized by an officer to
exercise the office or right which the official possesses, for and
in place of the officer; and
7. “Man-made disaster” means a disaster caused by acts of man
including, but not limited to, an act of war, terrorism, chemical
spill or release, and power shortage that require assistance in
addition to the assistance of the local political subdivision.
Added by Laws 1959, p. 212, § 3, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 3, emerg. eff. June 13, 1963; Laws 2003, c.
329, § 30, emerg. eff. May 29, 2003.
§63-685.4. Emergency interim succession to office of Governor.
Whenever a natural or man-made disaster or emergency occurs in
the United States, and in the event that the Governor, for any of
the reasons specified in Article VI, Section 16 of the Oklahoma
Constitution, is not able to exercise the powers and discharge the
duties of the Governor’s office, or is unavailable, and in the event
the Lieutenant Governor, President Pro Tempore of the Senate, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1259
the Speaker of the House of Representatives be for any of the
reasons specified in the Constitution not able to exercise the
powers and discharge the duties of the office of Governor, or be
unavailable, the State Auditor and Inspector, Attorney General,
State Treasurer, Superintendent of Public Instruction, Commissioner
of Labor, and members of the Corporation Commission in the order of
their election districts, shall each in the order named, if no
officer higher in the enumerated order is available, exercise the
powers and discharge the duties of the office of Governor until a
new Governor is elected and qualified; provided, however, that no
emergency interim successor to the aforementioned offices may serve
as Governor.
Added by Laws 1959, p. 212, § 4, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 4, emerg. eff. June 13, 1963; Laws 1979, c.
30, § 161, emerg. eff. April 6, 1979; Laws 2003, c. 329, § 31,
emerg. eff. May 29, 2003.
§63-685.5. Emergency interim succession to state offices other than
Governor.
All state officers, other than the Governor, subject to such
regulations as the Governor, or other official authorized under the
Constitution and this act to exercise the powers and discharge the
duties of the Office of Governor, may issue, upon approval of this
act, in addition to any deputy, shall designate, by the title of
their office or position, emergency interim successors and specify
their order of succession. The officer shall review and revise, as
necessary, designations made pursuant to this act to ensure their
current status. The officer shall designate a sufficient number of
such emergency interim successors so that there will be not less
than three nor more than seven deputies or emergency interim
successors or any combination thereof, at any time. In the event
that any state officer is unavailable following an emergency or
disaster, and in the event a deputy, if any, is also unavailable,
the said powers of the office shall be exercised and said duties of
the office shall be discharged by the designated emergency interim
successors in the order specified. The authority of an emergency
successor shall cease:
1. When the incumbent of the office, or a deputy or an interim
successor higher in designation becomes available to exercise the
powers and to perform the duties of the office; or
2. When a successor to the office has been duly elected or
appointed and has qualified according to law.
Added by Laws 1959, p. 213, § 5, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 5, emerg. eff. June 13, 1963; Laws 2003, c.
329, § 32, emerg. eff. May 29, 2003.
§63-685.6. Interim succession to political subdivision offices.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1260
The respective officers of each city or incorporated town, and
of all other political subdivisions, of this state, shall designate
interim successors, and shall specify the order of succession of
deputies and interim successors, in the same manner, and with the
same effect, as is provided for state officers by Section 5 hereof.
Laws 1959, p. 213, § 6; Laws 1963, c. 270, § 6, emerg. eff. June 13,
1963.
§63-685.7. Special emergency judges.
Whenever an emergency or disaster occurs in the United States,
and in the event that any judge of any court is unavailable to
exercise the powers and discharge the duties of the office, and no
other judge authorized to act or no special judge appointed in
accordance with the provisions of the Constitution or statutes is
available to exercise the powers and discharge the duties of such
office, the duties of the office shall be discharged and the powers
exercised by the special emergency judges, each of whom shall
otherwise be qualified to serve as a judge, as hereinafter provided
for:
1. The Governor shall designate for each member of the Supreme
Court special emergency judges in the number of not less than three
nor more than seven for each member of said court, and shall specify
the order of their succession.
2. The Governor shall designate for each member of the Court of
Criminal Appeals special emergency judges in the number of not less
than three nor more than seven for each member of said court, and
shall specify the order of their succession.
3. The Chief Justice of the Supreme Court, in consultation with
the other members of said court, shall designate for each court of
record, except the Supreme Court and the Court of Criminal Appeals,
special emergency judges in the number of not less than three nor
more than seven for each judge of said courts and shall specify
their order of succession.
4. The judge of the district court, or the senior judge of any
such district, in consultation with the other district judges of
that district, where there is more than one judge shall designate
not less than three nor more than seven emergency judges for courts
not of record within that district and shall specify their order of
succession.
Such special emergency judges shall, in the order specified,
exercise the powers and discharge the duties of such office in case
of the unavailability of the regular judge or judges or persons
immediately preceding them in the designation. The designating
authority shall review and revise, as necessary, designations made
pursuant to this act to ensure their current status.
Said special emergency judges shall discharge the duties and
exercise the powers of such office until such time as a vacancy
Oklahoma Statutes - Title 63. Public Health and Safety Page 1261
which may exist shall be filled in accordance with the Constitution
and statutes or until the regular judge or one preceding the
designee in the order of succession becomes available to exercise
the powers and discharge the duties of the office.
Added by Laws 1959, p. 213, § 7, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 7, emerg. eff. June 13, 1963; Laws 2003, c.
329, § 33, emerg. eff. May 29, 2003.
§63-685.8. Oaths.
At the time of their designation, emergency interim successors
and special emergency judges shall take such oath as may be required
for them to exercise the powers and discharge the duties of the
office to which they may succeed. Notwithstanding any other
provision of law, no person, as a prerequisite to the exercise of
the powers or discharge of the duties of an office to which he
succeeds, shall be required to comply with any other provisions of
law relative to taking office.
Laws 1959, p. 214, § 8; Laws 1963, c. 270, § 8, emerg. eff. June 13,
1963.
§63-685.9. Limitation on exercise of powers and duties by interim
successors and special emergency judges - Termination of authority
by Legislature.
Officials authorized to act as Governor pursuant to this act,
emergency interim successors and special emergency judges are
empowered to exercise the powers and discharge the duties of an
office as herein authorized only after an emergency or disaster
occurs in the United States, as defined herein, has occurred. The
Legislature by concurrent resolution may, at any time, terminate the
authority of said emergency interim successors and special emergency
judges to exercise the powers and discharge the duties of office as
herein provided.
Added by Laws 1959, p. 214, § 9, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 9, emerg. eff. June 13, 1963; Laws 2003, c.
329, § 34, emerg. eff. May 29, 2003.
§63-685.10. Removal of successors.
Until such time as the persons designated as emergency interim
successors or special emergency judges are authorized to exercise
the powers and discharge the duties of an office in accordance with
this act, including Section 9 hereof, said persons may be removed or
replaced by said designating authority at any time, with or without
cause.
Laws 1959, p. 214, § 10; Laws 1963, c. 270, § 10, emerg. eff. June
13, 1963.
§63-685.11. Disputes.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1262
Any dispute concerning a question of fact arising under this act
with respect to an office in the executive branch of the state
government (except a dispute of fact relative to the Office of
Governor) shall be adjudicated by the Governor (or other official
authorized under the Constitution and this act to exercise the
powers and discharge the duties of the office of Governor) and his
decision shall be final. Such disputes with respect to the Office
of Governor shall be determined by the Supreme Court.
Laws 1959, p. 214, § 11; Laws 1963, c. 270, § 11, emerg. eff. June
13, 1963.
§63-686.1. Citation.
This act shall be known as the "Emergency Management Interim
Legislative Succession Act" and shall be cumulative to the Oklahoma
Emergency Management Act of 2003.
Added by Laws 1959, p. 215, § 1, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 1, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 35, emerg. eff. May 29, 2003.
§63-686.2. Declarations.
The Legislature declares:
1. Because of existing possibilities of natural or man-made
disasters or emergencies of unprecedented destructiveness, which may
result in the death or inability to act of a large proportion of the
membership of the Legislature; and
2. Because to conform in time of emergency or disaster to
existing legal requirements pertaining to the Legislature would be
impracticable, and would jeopardize continuity of operation of a
legally constituted Legislature; it is therefore necessary to adopt
special provisions as hereinafter set out for the effective
operation of the Legislature during natural or man-made disasters or
emergencies.
Added by Laws 1959, p. 215, § 2, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 2, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 36, emerg. eff. May 29, 2003.
§63-686.3. Definitions.
As used in this act:
1. ”Emergency” means any occasion or instance for which, in the
determination of the President of the United States or the Governor
of the State of Oklahoma, federal or state assistance is needed to
supplement state and local efforts and capabilities to save lives,
protect property, public health and safety, or to lessen or avert
threat of a catastrophe in any part of the state;
2. “Man-made disaster” means a disaster caused by acts of man
including, but not limited to, an act of war, terrorism, chemical
Oklahoma Statutes - Title 63. Public Health and Safety Page 1263
spill or release, or a power shortage that requires assistance from
outside the local political subdivision; and
3. "Unavailable" means absent from the place of session, other
than on official business of the Legislature, or unable, for
physical, mental or legal reasons, to exercise the powers and
discharge the duties of a legislator, whether or not such absence or
inability would give rise to a vacancy under existing constitutional
or statutory provisions.
Added by Laws 1959, p. 215, § 3, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 3, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 37, emerg. eff. May 29, 2003.
§63-686.4. Designation of emergency interim successor.
Each legislator shall designate not fewer than three nor more
than seven emergency interim successors to his powers and duties and
specify their order of succession. Each legislator shall review
and, as necessary, promptly revise the designations of emergency
interim successors to his powers and duties to insure that at all
times there are at least three such qualified emergency interim
successors.
Laws 1959, p. 215, § 4; Laws 1963, c. 340, § 4, emerg. eff. June 24,
1963.
§63-686.5. Emergency interim successor defined - Qualification -
Tenure.
An emergency interim successor is one who is designated for
possible temporary succession to the powers and duties, but not the
office, of a legislator. No person shall be designated or serve as
an emergency interim successor unless he may, under the Constitution
and statutes hold the office of the legislator to whose powers and
duties he is designated to succeed, but no constitutional or
statutory provision prohibiting a legislator from holding another
office or prohibiting the holder of another office from being a
legislator shall be applicable to an emergency interim successor. An
emergency interim successor shall serve at the pleasure of the
legislator designating him or of any subsequent incumbent of the
legislative office.
Laws 1959, p. 215, § 5; Laws 1963, c. 340, § 5, emerg. eff. June 24,
1963.
§63-686.6. Maintaining minimum number of successors.
Prior to an emergency or disaster, if a legislator fails to
designate the required minimum number of emergency interim
successors within sixty (60) days following the effective date of
this act or, after such period, if for any reason the number of
emergency interim successors for any legislator falls below the
required minimum and remains below such minimum for a period of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1264
sixty (60) days, then the floor leader of the same political party
in the same house as such legislator shall, by and with the consent
of the Speaker of the House of Representatives or President Pro
Tempore of the Senate, promptly designate as many emergency interim
successors as are required to achieve such minimum number, but the
floor leader shall not assign to any designees a rank in order of
succession higher than that of any remaining emergency interim
successor previously designated by a legislator for succession to
the legislator’s own powers and duties. Each emergency interim
successor designated by the floor leader shall serve at the pleasure
of the designating person, but the legislator for whom the emergency
successor is designated or any subsequent incumbent of the office
may change the rank in order of succession or replace at the
pleasure of the designating person any emergency interim successor
so designated.
Added by Laws 1959, p. 215, § 6, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 6, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 38, emerg. eff. May 29, 2003.
§63-686.7. Effective date of designations and removals - Recording.
Each designation of an emergency interim successor shall become
effective when the legislator or party floor leader making the
designation files with the Secretary of State the successor's name,
address and rank in order of succession. The removal of an
emergency interim successor or change in order of succession shall
become effective when the legislator or party floor leader, so
acting, files this information with the Secretary of State. All
such data shall be open to public inspection. The Secretary of
State shall inform the Governor, the Oklahoma Department of
Emergency Management, the journal clerk of the house concerned and
all emergency interim successors, of all such designations, removals
and changes in order of succession. The journal clerk of each house
shall enter all information regarding emergency interim successors
for the house in its public journal at the beginning of each
legislative session and shall enter all changes in membership or
order of succession as soon as possible after the occurrence.
Added by Laws 1959, p. 216, § 7, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 7, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 39, emerg. eff. May 29, 2003.
§63-686.8. Oaths.
Promptly after designation each emergency interim successor
shall take the oaths required for the legislator to whose powers and
duties he is designated to succeed. No other oath shall be
required. The oath shall be administered (by the Speaker of the
House of Representatives for the emergency interim successors
designated for that house, and by the President Pro Tempore of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1265
Senate for the emergency interim successors designated to serve for
the Senate.)
Laws 1959, p. 216, § 8; Laws 1963, c. 340, § 8, emerg. eff. June 24,
1963.
§63-686.9. Successors to keep informed.
Each emergency interim successor shall keep himself generally
informed as to the duties, procedures, practices and current
business of the Legislature, and each legislator shall assist his
emergency interim successors to keep themselves so informed.
Laws 1959, p. 216, § 9; Laws 1963, c. 340, § 9, emerg. eff. June 24,
1963.
§63-686.10. Changing place of session.
Whenever, in the event of an emergency or disaster or upon
finding that an emergency or disaster may be imminent, the Governor
deems the place of session then prescribed to be unsafe, the
Governor may change it to any place within the state which the
Governor deems safer and more convenient.
Added by Laws 1959, p. 216, § 10, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 10, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 40, emerg. eff. May 29, 2003.
§63-686.11. Calling of session - Limitations suspended.
In the event of an emergency or disaster, the Governor shall
call the Legislature into session as soon as practicable, and in any
case within thirty (30) days following the inception of the
emergency or disaster. Each legislator and each emergency interim
successor, unless the Governor is certain that the legislator to
whose powers and duties the legislator is designated to succeed or
any emergency interim successor higher in order of succession will
not be unavailable, shall proceed to the place of session as
expeditiously as practicable. At such session or at any session in
operation at the inception of the emergency or disaster, and at any
subsequent session, limitations on the length of session and on the
subjects which may be acted upon shall be suspended.
Added by Laws 1959, p. 216, § 11, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 11, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 41, emerg. eff. May 29, 2003.
§63-686.12. Exercise of powers and duties by successors - Ouster
provisions applicable.
If, in the event of an emergency or disaster a legislator is
unavailable, the emergency interim successor highest in order of
succession who is not unavailable shall, except for the power and
duty to appoint emergency interim successors, exercise the powers
and assume the duties of such legislator. An emergency interim
Oklahoma Statutes - Title 63. Public Health and Safety Page 1266
successor shall exercise these powers and assume these duties until
the incumbent legislator, an emergency interim successor higher in
order of succession, or a legislator appointed or elected and
legally qualified can act. Each house of the Legislature shall, in
accordance with its own rules, determine who is entitled under the
provisions of this act to exercise the powers and assume the duties
of its members. All constitutional and statutory provisions
pertaining to ouster of a legislator shall be applicable to an
emergency interim successor who is exercising the powers and
assuming the duties of a legislator.
Added by Laws 1959, p. 216, § 12, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 12, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 42, emerg. eff. May 29, 2003.
§63-686.13. Privileges and immunities - Compensation and
allowances.
When an emergency interim successor exercises the powers and
assumes the duties of a legislator, the emergency interim successor
shall be accorded the privileges and immunities, compensation,
allowances and other perquisites of office to which a legislator is
entitled. In the event of an emergency or disaster, each emergency
interim successor, whether or not called upon to exercise the powers
and assume the duties of a legislator, shall be accorded the
privileges and immunities of a legislator while traveling to and
from a place of session and shall be compensated for travel in the
same manner and amount as a legislator. This section shall not in
any way affect the privileges, immunities, compensation, allowances
or other perquisites of office of an incumbent legislator.
Added by Laws 1959, p. 216, § 13, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 13, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 43, emerg. eff. May 29, 2003.
§63-686.14. Termination of authority.
The authority of emergency interim successors to succeed to the
powers and duties of legislators, the operation of the provisions of
this act relating to quorum, the number of affirmative votes
required for legislative action, and limitations on the length of
sessions and the subjects which may be acted upon shall expire two
(2) years following the inception of an emergency or disaster, but
nothing herein shall prevent the resumption before such time of the
filling of legislative vacancies and the calling of elections for
the Legislature in accordance with applicable constitutional and
statutory provisions. The Governor, acting by proclamation, or the
Legislature, acting by concurrent resolution, may from time to time
extend or restore such authority or the operation of any of such
provisions upon a finding that events render the extension or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1267
restoration necessary, but no extension or restoration shall be for
a period of more than one (1) year.
Added by Laws 1959, p. 217, § 14, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 14, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 44, emerg. eff. May 29, 2003.
§63-687.1. Citation.
This act shall be known as the "Emergency Interim Relocation
Act", and shall be cumulative to the Oklahoma Emergency Management
Act of 2003.
Added by Laws 1961, p. 587, § 1, emerg. eff. July 11, 1961. Amended
by Laws 2003, c. 329, § 45, emerg. eff. May 29, 2003.
§63-687.2. Definitions.
As used in this act:
1. “Emergency” means any occasion or instance for which, in the
determination of the President of the United States or the Governor
of the State of Oklahoma, federal or state assistance is needed to
supplement state and local efforts and capabilities to save lives,
protect property, public health and safety, or to lessen or avert
the threat of a catastrophe in any part of the state; and
2. “Man-made disaster” means a disaster caused by acts of man
including, but not limited to, an act of war, terrorism, chemical
spill or release, or power shortage that requires assistance from
outside the local political subdivision.
Added by Laws 1961, p. 587, § 2, emerg. eff. July 11, 1961. Amended
by Laws 2003, c. 329, § 46, emerg. eff. May 29, 2003.
§63-687.3. Temporary disaster locations for seat of state
government.
A. Whenever a disaster makes it imprudent or impossible to
conduct the affairs of state government at its seat in Oklahoma
City, Oklahoma, the Governor may proclaim temporary locations for
the seat of state government at any place he deems advisable, either
inside or outside of the state. The Governor may issue necessary
orders for orderly transition of the affairs of government to any
temporary emergency or man-made disaster location, which remains the
seat of state government until the Legislature establishes a new
location, or until the emergency or man-made disaster is declared
ended by the Legislature and the seat is returned to its normal
location in Oklahoma City, Oklahoma.
B. Any official act or meeting required to be performed at the
seat of state government is valid when performed at a temporary
emergency or man-made disaster location under this section.
Added by Laws 1961, p. 588, § 3, emerg. eff. July 11, 1961. Amended
by Laws 2003, c. 329, § 47, emerg. eff. May 29, 2003.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1268
§63-687.4. Temporary disaster locations for seat of local
government.
A. Whenever an emergency or man-made disaster makes it
imprudent or impossible to conduct the affairs of any local
government at its regular location, the governing body may meet at
any place, inside or outside the limits of the political
subdivision, at the call of the presiding officer or any two members
of the governing body, and designate by ordinance a temporary
emergency or man-made disaster location of the local government,
which remains the seat of the local government until the governing
body establishes a new location or until the emergency or man-made
disaster is declared ended by the Legislature and the seat is
returned to its normal location.
B. Any official act or meeting required to be performed at the
seat of the local government is valid when performed at a temporary
emergency or man-made disaster location under this section.
Added by Laws 1961, p. 588, § 4, emerg. eff. July 11, 1961. Amended
by Laws 2003, c. 329, § 48, emerg. eff. May 29, 2003.
§63-688.1. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26,
2006.
§63-688.2. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26,
2006.
§63-688.3. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26,
2006.
§63-688.4. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26,
2006.
§63-688.5. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26,
2006.
§63-689. Repealed by Laws 2003, c. 292, § 2, emerg. eff. May 27,
2003.
§63-689.1. Renumbered as § 4-2-102 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-689.1B. Renumbered as § 4-2-104 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-689.2. Renumbered as § 4-2-105 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-690.1. Short title – Purposes.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1269
A. Sections 7 through 12 of this act shall be known and may be
cited as the “Oklahoma Flood Hazard Mitigation Program”.
B. The purposes of the Oklahoma Flood Hazard Mitigation Program
are to provide:
1. An orderly and continuing means of assistance by the state
government to political subdivisions of this state in carrying out
their responsibilities to alleviate the suffering and damage that
result from flooding by:
a. providing state assistance programs for public losses
and needs sustained in flood disasters,
b. encouraging the development of comprehensive disaster
preparedness and assistance plans, programs,
capabilities, and organizations by the state and
political subdivisions,
c. achieving greater coordination and responsiveness of
flood disaster preparedness and relief programs, and
d. encouraging hazard mitigation measures, such as
development of land-use and construction regulations,
floodplain management, and environmental planning, to
reduce losses from flood disasters in municipalities;
2. For the protection of life and property and to limit the
repetitive expenditures of public funds in areas that are subject to
chronic flooding and other flood disasters;
3. Financial assistance to local governments for the
development and implementation of flood hazard mitigation projects;
4. For the cooperation of state environmental agencies and
other state and federal agencies in the development and
implementation of the Oklahoma Flood Hazard Mitigation Program; and
5. For the establishment of land development principles which
will eliminate inappropriate and unsafe real estate development in
municipal areas subject to repetitive or chronic flooding.
Added by Laws 1999, c. 57, § 7, eff. July 1, 1999.
§63-690.2. Definitions.
For purposes of the Oklahoma Flood Hazard Mitigation Program:
1. "Board" means the Oklahoma Water Resources Board;
2. "Department" means the Oklahoma Department of Emergency
Management;
3. "Dwelling unit" means a place of residence and may be a
single- or multiple-dwelling building;
4. "Flood" or "flooding" means general and temporary conditions
of partial or complete inundation of normally dry land areas from
the overflow of lakes, streams, rivers, or any other inland waters
and from surface run-off;
5. "Flood hazard mitigation" means any cost-effective measure
which will reduce or eliminate the effects of a flood disaster;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1270
6. "Flood hazard mitigation projects" means those projects
designed to correct, alleviate or eliminate a condition or situation
which poses a repetitive threat to life, property, or public safety
from the effects of a flood disaster;
7. "Flood disaster" means any flood catastrophe, including but
not limited to high water, flood waters, or wind-driven water which
causes damage of sufficient severity and magnitude to warrant flood
hazard mitigation or the use of resources of the federal government,
or the state and political subdivisions thereof to alleviate the
damage, loss, hardship, or suffering caused thereby;
8. "Political subdivision" means any county, city, town, or
municipal corporation of the State of Oklahoma;
9. "Real property" includes all lands, including improvements
and fixtures thereon, and property of any nature which is
appurtenant thereto, or used in connection therewith, and every
estate, interest and right, legal or equitable, therein including
terms for years; and
10. "State Hazard Mitigation Team" means the entity created
pursuant to Section 683.6 of this title.
Added by Laws 1999, c. 57, § 8, eff. July 1, 1999. Amended by Laws
2003, c. 329, § 49, emerg. eff. May 29, 2003.
§63-690.3. Duties of Department of Emergency Management.
A. In addition to other responsibilities and duties specified
by law, the Oklahoma Department of Emergency Management:
1. Shall develop and maintain flood hazard mitigation measures
for this state, as a component of the state’s comprehensive hazard
mitigation plan and consistent with the flood hazard mitigation
plans of the federal government to the fullest possible extent. The
Department shall coordinate and encourage the development and
publication of flood hazard mitigation plans by political
subdivisions to ensure that such political subdivision plans are
consistent with the flood hazard mitigation measures in the
comprehensive hazard mitigation plan of this state to the fullest
possible extent;
2. Shall provide guidance, information and training sufficient
to allow political subdivisions to request state and federal natural
disaster assistance;
3. Shall coordinate the development and maintenance of flood
hazard mitigation projects with other state and federal programs;
4. Shall set mitigation priorities based upon recommendations
of the State Hazard Mitigation Team;
5. May, after recommendation from the State Hazard Mitigation
Team, approve applications for grants and loans to political
subdivisions for flood hazard mitigation projects from any funds
available for such purposes pursuant to the considerations specified
by Section 690.4 of this title;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1271
6. Shall evaluate, after recommendation from the State Hazard
Mitigation Team, and award grant or loan applications based upon
minimum eligibility criteria and state priorities;
7. Shall be the initial recipient of applications for loans and
grants for flood hazard mitigation activities from political
subdivisions; and
8. Shall have the State Hazard Mitigation Team meet as needed
to review loan and grant applications and provide recommendations
thereon to the Department.
B. The Department shall be the lead agency and shall compile
and submit to the Federal Emergency Management Agency an application
to receive funds pursuant to the Flood Hazard Mitigation Financial
Assistance Program, the Hazard Mitigation Grant Program or any other
flood assistance programs, and other public or private planning or
project grants to implement measures to reduce flood losses.
C. The Department shall also have authority to:
1. Establish advisory councils with sufficient geographic
balance to ensure statewide representation;
2. Coordinate central files and clearinghouse procedures for
flood hazard mitigation resource data information and encourage the
use of compatible information and standards; and
3. Provide to the extent practicable financial, technical,
research, and other assistance to effectuate the purposes of the
Oklahoma Flood Hazard Mitigation Program.
D. The Department shall promulgate, by rule, procedures and
criteria for the evaluation of grant and subgrant applications that
seek to receive a portion of those funds made available to this
state for flood hazard mitigation.
Added by Laws 1999, c. 57, § 9, eff. July 1, 1999. Amended by Laws
2003, c. 329, § 50, emerg. eff. May 29, 2003.
§63-690.4. Grants or loans for flood hazard mitigation.
A. A political subdivision of this state may apply to the
Oklahoma Department of Emergency Management for a grant or loan for
flood hazard mitigation projects on forms provided by the
Department.
B. Grants or loans for flood hazard mitigation shall be
prioritized by the State Hazard Mitigation Team based on the
following considerations:
1. The extent and effectiveness of flood mitigation measures
already implemented by the political subdivision requesting the
grant;
2. The feasibility, practicality, and effectiveness of the
proposed flood mitigation measures and the associated benefits and
detriments;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1272
3. The level of assistance that should be provided to the
political subdivision, based on available facts regarding the
nature, extent, and severity of the flood hazard problems;
4. The frequency of occurrence of flooding disasters that has
resulted in declaration of the area as a flood disaster area by the
Governor of this state or by the President of the United States;
5. The economic, social, and environmental benefits and
detriments of the proposed flood mitigation measures;
6. Whether the floodplain management ordinance or regulation
adopted by the political subdivision meets the minimum standards
established by the Federal Emergency Management Agency, the degree
of enforcement of the ordinance or regulation, and whether the
political subdivision is complying with the ordinance or regulation;
7. The financial capability of the political subdivision to
solve its flood hazard problems without financial assistance; and
8. The estimated cost and method of financing of the proposed
flood mitigation measures based on local money and federal and state
financial assistance.
C. A grant shall not exceed seventy-five percent (75%) of the
total cost of the proposed mitigation project and a loan shall not
exceed the total cost of the proposed mitigation project.
Added by Laws 1999, c. 57, § 10, eff. July 1, 1999. Amended by Laws
2003, c. 329, § 51, emerg. eff. May 29, 2003.
§63-690.5. Recommendation of priorities for flood hazard mitigation
projects.
In addition to other responsibilities designated or assigned to
it by the Department, the State Hazard Mitigation Team shall have
the power and duty to recommend priorities for flood hazard
mitigation projects for purposes of providing grants or loans for
such projects, based upon considerations specified by Section 690.4
of this title.
Added by Laws 1999, c. 57, § 11, eff. July 1, 1999. Amended by Laws
2003, c. 329, § 52, emerg. eff. May 29, 2003.
§63-690.6. Funding of acquisition of real property by
municipalities.
A. The Legislature declares it to be necessary for the public
health and welfare to provide a means for municipalities in this
state to implement measures to reduce losses from flood disasters.
The acquisition of real property for this objective shall constitute
a public purpose for which public funds may be expended.
B. Municipalities are empowered and authorized to acquire fee
title to real property and easements therein by purchase, gift,
devise, lease or otherwise for flood control.
C. Title information, appraisal reports, offers, and
counteroffers are confidential until an option contract is executed
Oklahoma Statutes - Title 63. Public Health and Safety Page 1273
or, if no option contract is executed, until thirty (30) days before
a contract or agreement for purchase is considered for approval by
the governing board of the municipality. However, each municipality
may, at its discretion, disclose appraisal reports to private
landowners during negotiations for acquisitions using alternatives
to fee simple techniques, if the municipality determines that
disclosure of such reports will bring the proposed acquisition to
closure. In the event that negotiation is terminated by the
municipality, the title information, appraisal report, offers, and
counteroffers shall become available to the public.
D. Real property acquired for the purposes enumerated in this
section may also be used for recreational purposes, and whenever
practicable such real property shall be open to the general public
for recreational uses. Except when prohibited by a covenant or
other restriction, real property managed and controlled by the
municipality may be used for multiple purposes, including, but not
limited to, agriculture and silviculture, as well as boating and
other recreational uses.
E. The provisions of this section shall not limit the exercise
of similar powers delegated by statute to any state or political
subdivision of this state.
Added by Laws 1999, c. 57, § 12, eff. July 1, 1999.
§63-690.10. State Assistance Dedicated for Disaster-impacted Local
Economies Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Department of Emergency Management to be
designated the "State Assistance Dedicated for Disaster-impacted
Local Economies Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies directed for deposit to the fund. All monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the Oklahoma Department of Emergency Management for
the purpose of providing advanced financial liquidity to
governmental subdivisions directly impacted by events attributing to
a Federal Emergency Management Agency (FEMA) declared emergency or
disaster, provided such governmental subdivision has entered into a
qualifying repayment agreement with the Oklahoma Department of
Emergency Management. Expenditures from said 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.
B. As used in this section:
1. "Advanced financial liquidity" means funding provided to
fund gaps in mitigation of local and county revenue losses and
operating deficits; infrastructure repair and replacement, including
road, sewer, and water facilities; temporary housing and shelter
Oklahoma Statutes - Title 63. Public Health and Safety Page 1274
made necessary by the result of the associated emergency or
disaster; and to fund gaps in required matching funds for
participation in, or the benefit of, programs administered or funded
by the Federal Emergency Management Agency (FEMA); and
2. "Qualifying repayment agreement" means a memorandum of
understanding or legally binding agreement which identifies the
purpose of use for such advanced financial liquidity, and which
identifies the source of repayment by the governmental subdivision
and a repayment timeline or standard for repayment.
C. The Oklahoma Department of Emergency Management may
promulgate rules as needed to implement the provisions of this
section.
Added by Laws 2024, c. 319, § 1, emerg. eff. May 17, 2024.
§63-695.1. Short title.
Sections 3 through 12 of this act shall be known and may be
cited as the “Oklahoma Intrastate Mutual Aid Compact”.
Added by Laws 2006, c. 199, § 3, emerg. eff. May 26, 2006.
§63-695.2. Purpose - Definitions - Statewide mutual aid system -
Reimbursement.
A. The purpose of the Oklahoma Intrastate Mutual Aid Compact is
to create a system of intrastate mutual aid between participating
jurisdictions in the state.
B. As used in the Oklahoma Intrastate Mutual Aid Compact:
1. "Jurisdiction" means any county, city, town or municipal
corporation of the State of Oklahoma represented by an elected
governing body and city-county health department created pursuant to
the Oklahoma Public Health Code.
Sovereign Tribal Nations in the State of Oklahoma shall also be
considered jurisdictions under the Oklahoma Intrastate Mutual Aid
Compact and participating unless electing not to participate or
later withdrawing from the system.
Public universities in this state which maintain CLEET-certified
law enforcement agencies may elect to be considered jurisdictions
under the provisions of this act and shall retain the right to later
withdraw from the system;
2. "Emergency" means any occasion or instance for which
assistance is needed to supplement local efforts and capabilities to
save lives and to protect property and public health and safety, or
to lessen or avert the threat of a catastrophe; and
3. "Emergency responder" means anyone with special skills,
qualifications, training, knowledge, and experience in the public or
private sectors that would be beneficial to a participating
jurisdiction in response to a local emergency as defined in
applicable law or ordinance or authorized drill or exercise.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1275
C. Each participant of the system shall recognize that
emergencies transcend political jurisdictional boundaries and that
intergovernmental coordination is essential for the protection of
lives and property and for best use of available assets both public
and private. The system shall provide for mutual assistance among
the participating jurisdictions in the prevention of, response to,
and recovery from, any disaster or emergency, or any other activity,
as determined by the participating jurisdictions. The system shall
provide for mutual cooperation among the participating jurisdictions
in conducting disaster-related exercises, testing, or other training
activities outside actual declared emergency periods. This
legislation provides no immunity, rights, or privileges for any
individual responding to a state of emergency that is not requested
and/or authorized to respond by a participating jurisdiction.
Participating jurisdictions will be ensured eligibility, to the
fullest extent possible, for state and federal disaster funding.
D. All jurisdictions within the state, upon enactment of this
legislation, are automatically a part of the statewide mutual aid
system. A jurisdiction within the state may elect not to
participate or to later withdraw from the system upon enacting an
appropriate resolution by its governing body declaring that it
elects not to participate in the statewide mutual aid system and
providing a copy of the resolution to the Oklahoma Department of
Emergency Management. This legislation does not preclude
participating jurisdictions from entering into supplementary
agreements with another jurisdiction and does not affect any other
agreement to which a jurisdiction may currently be a party or decide
to be a party to.
E. Many disasters begin as emergencies where local jurisdictions
require fire service and/or law enforcement assistance. These
services would normally be requested and provided at the department
level as normal day-to-day operations with no reimbursement. If an
incident response expands beyond a normal day-to-day emergency into
a disaster situation, reimbursement for mutual aid services may be
necessary and will be in accordance with the Federal Emergency
Management Agency reimbursement policy.
F. In support of the Emergency Management Compact, Section 684.1
et seq. of this title, the Governor or the representative of the
Governor may request mutual aid assistance from local jurisdictions
for other states or their jurisdictions. In such situations, the
assisting local jurisdiction shall be considered an agent of the
state.
Added by Laws 2006, c. 199, § 4, emerg. eff. May 26, 2006. Amended
by Laws 2009, c. 79, § 1, eff. Nov. 1, 2009; Laws 2010, c. 258, § 2,
eff. Nov. 1, 2010; Laws 2013, c. 201, § 1, eff. Nov. 1, 2013.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1276
§63-695.3. Prompt, full and effective response - Legally designated
jurisdiction official.
Each jurisdiction recognizes that there will be emergencies
which require immediate actions and implementation of procedures to
apply outside resources to make prompt and effective response to
such an emergency. This is because few, if any, individual
jurisdictions have all the resources they need in all types of
emergencies and the capability of delivering resources to the area
where emergencies occur.
The prompt, full and effective utilization of resources of the
participating jurisdictions, including any resources on hand or
available from any other source, that are essential to the safety,
care, and welfare of the people in the event of any emergency or
disaster shall be the underlying principle on which all articles of
this Compact shall be understood.
On behalf of the chief elected officer of each jurisdiction
participating in the Compact, the legally designated jurisdiction
official who is assigned responsibility for emergency management
will be responsible for the formulation of the appropriate aid plans
and procedures necessary to implement the Compact.
Added by Laws 2006, c. 199, § 5, emerg. eff. May 26, 2006. Amended
by Laws 2010, c. 258, § 3, eff. Nov. 1, 2010.
§63-695.4. Procedural plans and programs - Requests for assistance
- Consultation between jurisdictions - Discretion.
A. It shall be the responsibility of each jurisdiction to
formulate procedural plans and programs for interjurisdictional
cooperation in the performance of the responsibilities listed in
this section. In formulating such plans, and in carrying them out,
the jurisdictions, insofar as practical, shall:
1. Review individual jurisdictional hazards analyses and, to the
extent reasonably possible, determine all those potential
emergencies the jurisdictions might jointly suffer, whether due to
natural or man-made disasters or emergencies;
2. Review individual emergency plans of the jurisdictions and
develop a plan that will determine the mechanism for the
interjurisdictional management and provision of assistance
concerning any potential emergency;
3. Develop interjurisdictional procedures to fill any identified
gaps and to resolve any identified inconsistencies or overlaps in
existing or developed plans;
4. Assist in warning communities adjacent to or crossing the
jurisdictional boundaries;
5. Protect and assure uninterrupted delivery of services,
medicines, water, food, energy and fuel, search and rescue, critical
lifeline equipment, and resources, both human and material;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1277
6. Inventory and set procedures for the interjurisdictional loan
and delivery of human and material resources, together with
procedures for reimbursement or forgiveness; and
7. Provide, to the extent authorized by law, for temporary
suspension of any statutes or ordinances that restrict the
implementation of the above responsibilities.
All jurisdictions should use and conform to the current national
standard for on-scene management and command systems.
B. The authorized representative of a jurisdiction may request
assistance of another jurisdiction by contacting the authorized
representative of that jurisdiction. The provisions of the Oklahoma
Intrastate Mutual Aid Compact shall apply only to requests for
assistance made by and to authorized representatives. Requests may
be verbal or in writing. If verbal, the request shall be confirmed
in writing within thirty (30) days of the verbal request. Requests
shall provide the following information:
1. A description of the emergency service function for which
assistance is needed including, but not limited to, fire services,
law enforcement, emergency medical, transportation, communications,
public works and engineering, building inspection, planning and
information assistance, mass care, resource support, health and
medical services, and search and rescue;
2. The amount and type of personnel, equipment, materials and
supplies needed and a reasonable estimate of the length of time they
will be needed; and
3. The specific place and time for staging of the response of
the assisting party and a point of contact at that location.
C. There shall be frequent consultation between jurisdiction
officials who have assigned emergency management responsibilities
and other appropriate representatives of the jurisdictions with
affected jurisdictions, with free exchange of information, plans,
and resource records relating to emergency capabilities.
D. Jurisdictions shall not be obligated under the Compact to
send the requested assistance, and assistance may be withdrawn at
any time in the sole and absolute discretion of the jurisdiction.
Added by Laws 2006, c. 199, § 6, emerg. eff. May 26, 2006.
§63-695.5. Necessary actions and provisions - Powers, duties,
rights and privileges of emergency forces - Command and control.
Any jurisdiction requested to render mutual aid or conduct
exercises and training for mutual aid shall take such action as is
necessary to provide and make available the resources covered by the
Oklahoma Intrastate Mutual Aid Compact in accordance with the terms
hereof; provided that it is understood that the jurisdiction
rendering aid may withhold resources to the extent necessary to
provide reasonable protection for its own jurisdiction.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1278
Each jurisdiction shall afford the emergency forces of any
jurisdiction, while operating within its jurisdictional limits under
the terms and conditions of the Compact, the same powers, duties,
rights, and privileges as are afforded forces of the jurisdiction in
which they are performing emergency services. Emergency forces will
continue under the command and control of their regular leaders, but
the organizational units will come under operational control of the
emergency services authorities of the jurisdiction receiving
assistance and must report to the incident check-in location for
assignment.
Added by Laws 2006, c. 199, § 7, emerg. eff. May 26, 2006.
§63-695.6. Professional, mechanical or other licenses, certificates
or permits.
Whenever any person holds a license, certificate, or other
permit issued by any jurisdiction party evidencing the meeting of
qualifications for professional, mechanical, or other skills, and
when such assistance is requested by the receiving jurisdiction,
such person shall be deemed licensed, certified, or permitted by the
jurisdiction requesting assistance to render aid involving such
skill to meet an emergency or disaster, or a nondisaster incident or
activity as determined by the participating jurisdictions, subject
to such limitations and conditions as the requesting jurisdiction
may prescribe by executive order or otherwise.
Added by Laws 2006, c. 199, § 8, emerg. eff. May 26, 2006. Amended
by Laws 2010, c. 258, § 4, eff. Nov. 1, 2010.
§63-695.7. Liability and immunity.
Officers or employees of a jurisdiction rendering aid in another
jurisdiction pursuant to the Oklahoma Intrastate Mutual Aid Compact
shall be considered within the scope of employment of the requesting
jurisdiction for tort liability and immunity purposes. No
jurisdiction or its officers or employees rendering aid in another
jurisdiction pursuant to the Compact shall be liable on account of
any act or omission in good faith on the jurisdiction of such forces
while so engaged or on account of the maintenance or use of any
equipment or supplies in connection therewith. Good faith shall not
include willful misconduct, gross negligence, or recklessness.
Added by Laws 2006, c. 199, § 9, emerg. eff. May 26, 2006.
§63-695.8. Compensation and death benefits.
Each jurisdiction shall provide for the payment of compensation
and death benefits to injured members of the emergency forces of
that jurisdiction and representatives of deceased members of such
forces who sustain injuries or are killed while rendering aid
pursuant to the Oklahoma Intrastate Mutual Aid Compact, in the same
Oklahoma Statutes - Title 63. Public Health and Safety Page 1279
manner and on the same terms as if the injury or death were
sustained within its own jurisdiction.
Added by Laws 2006, c. 199, § 10, emerg. eff. May 26, 2006.
§63-695.9. Reimbursement for loss, damage, expense or cost.
Any jurisdiction rendering aid in another jurisdiction pursuant
to the Oklahoma Intrastate Mutual Aid Compact shall be reimbursed by
the jurisdiction receiving such aid for any loss or damage to or
expense incurred in the operation of any equipment and the provision
of any service in answering a request for aid and for the costs
incurred in connection with such requests; provided, that any aiding
jurisdiction may assume in whole or in part such loss, damage,
expense, or other cost, or may loan such equipment or donate such
services to the receiving jurisdiction without charge or cost; and
provided further, that any two or more jurisdictions may enter into
supplementary agreements establishing a different allocation of
costs among those jurisdictions. Compensation expenses shall not be
reimbursable under this section.
Added by Laws 2006, c. 199, § 11, emerg. eff. May 26, 2006.
§63-695.10. Plans for evacuation and interjurisdiction reception of
civilian population.
Plans for the orderly evacuation and interjurisdiction reception
of portions of the civilian population as the result of any
emergency or disaster of sufficient proportions to so warrant, shall
be worked out and maintained between the party jurisdictions of the
Oklahoma Intrastate Mutual Aid Compact and the emergency management
or services directors of the various jurisdictions where any type of
incident requiring evacuations might occur. Such plans shall be put
into effect by request of the jurisdiction from which evacuees come
and shall include the manner of transporting such evacuees, the
number of evacuees to be received in different areas, the manner in
which food, clothing, housing, and medical care will be provided,
the registration of evacuees, the providing of facilities for the
notification of relatives or friends, and the forwarding of such
evacuees to other areas or the bringing in of additional materials,
supplies, and all other relevant factors.
Added by Laws 2006, c. 199, § 12, emerg. eff. May 26, 2006.
§63-701. Shooting galleries - Standards and specifications.
(A) Open air shooting galleries constructed from and after the
effective date of this act shall conform to the following standards
and specifications:
(a) There shall be a backstop not less than seven and one-half
(7 1/2) feet high, which shall be constructed of steel of a
thickness not less than U.S. standard eight-gauge steel and shall be
Oklahoma Statutes - Title 63. Public Health and Safety Page 1280
well lapped at the joints; the backstop shall be not less than eight
(8) nor more than twenty-five (25) feet wide.
(b) Attached to each side of the backstop at ninety (90) degree
angles, extending toward the counter, shall be side walls of the
same height as the backstop, which side walls shall be constructed
of steel of a thickness not less than U.S. standard sixteen-gauge
steel and shall be from six (6) to twenty-five (25) feet in length.
In the event the steel side walls do not extend to the counter, the
remaining portion of the side walls shall be so constructed as to
prevent any person from getting into the line of fire.
(c) The inside edge of the counter from which the shooting
takes place shall be placed not less than twenty-five (25) feet from
the backstop or any metal target.
(d) All targets shall be placed not less than twelve (12)
inches from the ends of the backstop, and shall be not less than
twenty-four (24) inches from the top and not less than twelve (12)
inches from the bottom of the backstop.
(B) Closed shooting galleries constructed after the effective
date of this act shall be lawful of any size, provided that closed
shooting galleries shall be constructed so that they at least
conform to the minimum requirements of open air shooting galleries.
Laws 1955, p. 187, § 1.
§63-702. Ammunition.
The only type of ammunition which shall be lawful for use in
shooting galleries shall be twenty-two (22) caliber shorts.
Added by Laws 1955, p. 187, § 2.
§63-703. Operators and employees - 21 years of age.
No person under the age of twenty-one (21) years shall operate
or be employed at any shooting gallery. Violation of this section
shall be cause for revocation of the inspection statement provided
for in Section 4 of this act.
Laws 1955, p. 187, § 3.
§63-704. Inspection statement.
Before any shooting gallery shall begin to operate in any
county, city or town of this state, it shall be inspected by the
sheriff of said county, or his authorized deputy, for safety, and
the owner must have a statement in writing by said sheriff or his
authorized deputy that he has inspected the premises and is of the
opinion that it is safe to operate. Such statement shall not be
furnished by the sheriff or his authorized deputy unless the
shooting gallery meets the requirements of this act. In the event a
shooting gallery is moved from one place to another, a new
inspection statement must be secured by the owner or operator prior
to beginning operation. It is hereby made the duty of the sheriff
Oklahoma Statutes - Title 63. Public Health and Safety Page 1281
of each county personally or through his authorized deputy to make
the inspection required herein upon request of the owner or
operator. Shooting galleries constructed prior to the effective
date of this act shall be furnished an inspection statement as
required herein even though such shooting gallery does not meet the
requirements of this act if, in the opinion of the sheriff or his
authorized deputy, it is safe to operate.
Laws 1955, p. 187, § 4.
§63-705. License tax.
Cities and towns wherein shooting galleries are operated are
hereby authorized to levy and collect a license tax upon their
operation, which license tax shall not exceed Twenty Dollars
($20.00) per year.
Laws 1955, p. 187, § 5.
§63-706. Hours for opening and closing - Exception.
In cities and towns and in areas outside the corporate limits of
a city or town, shooting galleries shall close from 11:59 o'clock
p.m. Saturday until 8:00 a.m. Monday, except that cities having a
population in excess of fifty thousand (50,000), according to the
next preceding Federal Decennial Census, may permit the operation of
shooting galleries during the period from 11:59 o'clock p.m.
Saturday and 8:00 a.m. Monday.
Laws 1955, p. 188, § 6.
§63-707. Penalties.
Any violation of this act is hereby made a misdemeanor
punishable by a fine of not less than Twenty-five Dollars ($25.00)
nor more than One Hundred Dollars ($100.00) or by imprisonment in
the county jail for a period not to exceed thirty (30) days, or by
both such fine and imprisonment.
Laws 1955, p. 188, § 7.
§63-708. Public shootings sponsored by non-profit organizations
exempt.
Nothing in this act shall apply to turkey shoots or similar
types of public shootings sponsored by civic, fraternal, veterans,
or other nonprofit organizations.
Laws 1955, p. 188, § 8.
§63-709. Repealed by Laws 1997, c. 256, § 1, emerg. eff. May 23,
1997.
§63-709.1. Repealed by Laws 1997, c. 256, § 1, emerg. eff. May 23,
1997.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1282
§63-709.2. Noise - Exemption from liability.
A. Notwithstanding any municipal ordinance or rule regulating
noise to the contrary, a governmental official may not seek a civil
or criminal penalty or injunction against a shooting range, or its
owner or operators, on the basis of noise emanating from the range,
provided the noise at the property line of the shooting range does
not exceed one hundred fifty (150) decibels.
B. No person shall bring any suit in law or equity or any other
claim for relief against a shooting range, or its owners or
operators, based upon noise emanating from the shooting range,
provided the noise at the property line of the range does not exceed
one hundred fifty (150) decibels.
C. Notwithstanding any law to the contrary, any ordinance or
rule relating to noise adopted by any local unit of government,
whether before, on, or after the effective date of this act, shall
not be deemed to be enforceable against a shooting range, provided
the noise at the property line of the range does not exceed one
hundred fifty (150) decibels. The ordinance or rule shall not serve
as the basis for any suit in law or equity, whether brought by a
governmental official or person. In no event shall the provisions
of this subsection affect the outcome of any suit brought prior to
the effective date of this act in which a final order of judgment or
relief has been entered.
Added by Laws 1996, c. 191, § 23, emerg. eff. May 16, 1996.
§63-931. Board of Medicolegal Investigations - Membership -
Compensation - Meetings.
The Board of Medicolegal Investigations is hereby re-
created. The members of the Board shall be:
1. The Director of the State Bureau of Investigation, or a
designee;
2. The State Commissioner of Health, or a designee;
3. The Dean of the College of Medicine of the University of
Oklahoma, or a designee;
4. The President or Dean of the Oklahoma State University
Center for Health Sciences, or a designee;
5. The President of the Oklahoma Bar Association, or a
designee;
6. The President of the Oklahoma Osteopathic Association, or a
designee;
7. The President of the Oklahoma State Medical Association, or
a designee; and
8. A funeral director, as provided by Section 396.3 of Title 59
of the Oklahoma Statutes, appointed by the Oklahoma Funeral Board.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1283
The Chief Medical Examiner shall be an ex officio nonvoting member
of the Board. The Board shall elect one of its members as chair and
one of its members as vice-chair. Elections of board members shall
be held annually. An elected member shall not serve in the same
capacity as chair or vice-chair for more than two (2) consecutive
years. Members of the Board shall receive no compensation for their
services on this Board. Regular meetings of the Board shall be held
at such times as determined by its members, and special meetings may
be called by the chair. Four members shall constitute a quorum.
Added by Laws 1961, p. 604, § 1, eff. Jan. 2, 1962. Amended by Laws
1969, c. 143, § 1, emerg. eff. April 9, 1969; Laws 1972, c. 246, §
1, emerg. eff. April 7, 1972; Laws 1980, c. 112, § 1, emerg. eff.
April 10, 1980; Laws 1983, c. 333, § 23, emerg. eff. June 29, 1983;
Laws 1987, c. 231, § 7, eff. July 1, 1987; Laws 1996, c. 234, § 1,
eff. July 1, 1996; Laws 2005, c. 410, § 1, eff. July 1, 2005; Laws
2014, c. 293, § 1, eff. Nov. 1, 2014; Laws 2015, c. 85, § 1, eff.
Nov. 1, 2015.
§63-932. Rules and regulations.
The Board is hereby authorized to promulgate rules and
regulations necessary or appropriate to carry out effectively the
provisions of this act. Such rules and regulations shall be filed
with the Secretary of State and shall not be effective until ten
(10) days after the date of filing. The Board shall, on the date of
filing, send a copy of the rules and regulations by the United
States mail to the state regulatory board the licensees of which are
affected thereby.
Laws 1961, p. 605, § 2.
§63-933. Office of Chief Medical Examiner.
The Office of the Chief Medical Examiner of the State of
Oklahoma is hereby established to be operated under the control and
supervision of the Board. The Office shall be directed by the Chief
Medical Examiner, and the Chief Medical Examiner may employ such
other staff members as the Board shall specify.
Laws 1961, p. 605, § 3; Laws 1972, c. 246, § 2, emerg. eff. April 7,
1972.
§63-934. Appointment and qualifications of Chief Medical Examiner.
The Board of Medicolegal Investigations shall appoint a Chief
Medical Examiner who shall be a physician licensed to practice in
Oklahoma and a Diplomate of the American Board of Pathology or the
American Osteopathic Board of Pathology in forensic pathology. The
Chief Medical Examiner shall serve at the pleasure of the Board. In
addition to the duties prescribed by law, the Chief Medical Examiner
may teach in any educational capacity.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1284
Added by Laws 1961, p. 605, § 4, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 3, emerg. eff. April 7, 1972; Laws 1996, c. 234, §
2, eff. July 1, 1996; Laws 2014, c. 293, § 2, eff. Nov. 1, 2014.
§63-935. Responsibility of Examiner - Delegation of duties.
The Chief Medical Examiner shall be directly responsible to the
Board for the performance of the duties provided for in this act and
for the administration of the office of the Chief Medical Examiner.
The Chief Medical Examiner may, however, delegate specific duties to
competent and qualified personnel who may act for the Chief Medical
Examiner within the scope of the express authority granted by the
Chief Medical Examiner, subject, however, to such rules as the Board
may prescribe.
Added by Laws 1961, p. 605, § 5, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 4, emerg. eff. April 7, 1972; Laws 2006, 2nd
Ex.Sess., c. 83, § 9, eff. Oct. 1, 2006; Laws 2008, c. 269, § 5,
eff. July 1, 2008; Laws 2014, c. 293, § 3, eff. Nov. 1, 2014.
§63-935.1. Office of the State Medical Examiner relocation
The Office of the State Medical Examiner and the Board of
Medicolegal Investigations are authorized to relocate the Office of
the State Medical Examiner to a location determined by the Board as
provided by law.
Added by Laws 2010, c. 329, § 1, emerg. eff. June 6, 2010. Amended
by Laws 2015, c. 85, § 2, eff. Nov. 1, 2015; Laws 2016, c. 94, § 1,
emerg. eff. Apr. 19, 2016.
§63-936. Office and laboratory.
The Board shall provide for a central and eastern office
and shall see that there is maintained a laboratory
suitably equipped with facilities for performance of the
duties imposed by Section 931 et seq. of this title.
Added by Laws 1961, p. 605, § 6, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 5, emerg. eff. April 7, 1972; Laws 2014, c. 293, §
4, eff. Nov. 1, 2014; Laws 2015, c. 85, § 3, eff. Nov. 1, 2015.
§63-937. Appointment and qualifications of county medical
examiners.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1285
The Chief Medical Examiner shall appoint medical
examiners for the state. Each medical examiner so
appointed shall be a Doctor of Medicine or Osteopathic
Medicine, shall hold a valid board certification to practice
forensic pathology in Oklahoma, and shall hold office at
the pleasure of the Chief Medical Examiner. The Chief
Medical Examiner shall appoint a Deputy Chief Medical
Examiner to serve in the capacity of the Chief Medical
Examiner in the event the Chief Medical Examiner is
absent, ill, or disqualified by personal interest.
Added by Laws 1961, p. 605, § 7, eff. Jan. 2, 1962. Amended by Laws
1963, c. 302, § 1, emerg. eff. June 19, 1963; Laws 1965, c. 258, §
1, emerg. eff. June 21, 1965; Laws 1972, c. 246, § 6, emerg. eff.
April 7, 1972; Laws 2014, c. 293, § 5, eff. Nov. 1, 2014; Laws 2015,
c. 85, § 4, eff. Nov. 1, 2015.
§63-938. Types of deaths to be investigated - Autopsies.
A. All human deaths of the types listed herein shall be
investigated as provided by law:
1. Violent deaths, whether apparently homicidal, suicidal, or
accidental;
2. Deaths under suspicious, unusual or unnatural circumstances;
3. Deaths related to disease which might constitute a threat to
public health;
4. Deaths unattended by a licensed physician for a fatal or
potentially fatal illness;
5. Deaths that are medically unexpected and that occur in the
course of a therapeutic procedure;
6. Deaths of any persons detained or occurring in custody of
the Department of Corrections or a county jail;
7. Deaths of persons whose bodies are to be cremated,
transported out of the state, donated to educational entities, to
include limited portions of the body, or otherwise made ultimately
unavailable for pathological study; and
8. Maternal deaths that occur during pregnancy or within one
(1) year of termination of pregnancy reported by a hospital or
birthing center under Section 2 of this act.
B. The Chief Medical Examiner shall state on the certificate of
death of all persons whose death was caused by execution pursuant to
Oklahoma Statutes - Title 63. Public Health and Safety Page 1286
a lawful court order that the cause of death was the execution of
such order.
Added by Laws 1961, p. 605, § 8, eff. Jan. 2, 1962. Amended by Laws
1963, c. 302, § 2, emerg. eff. June 19, 1963; Laws 1972, c. 246, §
7, emerg. eff. April 7, 1972; Laws 2000, c. 161, § 1, eff. July 1,
2000; Laws 2014, c. 293, § 6, eff. Nov. 1, 2014; Laws 2024, c. 263,
§ 3, eff. Nov. 1, 2024.
§63-939. Production of records, documents, evidence or other
material.
A. Except as otherwise provided by law, the Chief Medical
Examiner shall produce records, documents, evidence or other
material of any nature only upon the order of a court of competent
jurisdiction. An interested party or litigant in a civil or
criminal action may make application for an order to produce such
materials. The court, after notice to all parties, including the
Chief Medical Examiner, and a hearing on the application, may, upon
the showing of good cause, direct the release of a copy or any part
of such material. In addition, the court may also direct the
payment of reasonable costs by the requesting party for the
production of the material. The production of such material shall
take place at the Office of the Chief Medical Examiner unless, upon
a showing of good cause, specifically ordered otherwise by the
court.
B. The Chief Medical Examiner may, to the extent allowed under
state law, share records, documents, evidence, or other material of
any nature with the Maternal Mortality Review Committee for the
purpose of aiding the Committee in carrying out its duties under the
Maternal Mortality Review Act.
Added by Laws 1961, p. 606, § 9, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 8, emerg. eff. April 7, 1972; Laws 1996, c. 234, §
3, eff. July 1, 1996; Laws 2014, c. 293, § 7, eff. Nov. 1, 2014;
Laws 2024, c. 263, § 4, eff. Nov. 1, 2024.
§63-940. Cooperation of state and county officials - Notification
of deaths.
A. All law enforcement officers and other state and county
officials shall cooperate with the Chief Medical Examiner and all
other medical examiners in making investigations required pursuant
to the provisions of Sections 931 through 954 of this title. The
officials and the physician in attendance of the deceased, or other
persons when the deceased was unattended by a physician, shall
promptly notify the medical examiner of the occurrence of all deaths
coming to their attention which, pursuant to the provisions of
Sections 931 through 954 of this title, are subject to
investigation, and shall assist in making dead bodies and related
evidence available for investigation.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1287
Subject to the provisions of Sections 931 through 954 of this
title, bodies shall not be disturbed until authorized by the Chief
Medical Examiner or his or her designee and the representative of
any law enforcement agency which has begun an investigation of the
cause of death. The authorization may be given by telephone.
Nothing in Sections 931 through 954 of this title shall prevent the
district attorney, or his or her designee, or the responding law
enforcement officer from authorizing the removal of a body when the
removal is determined to be in the public interest and conditions at
the scene are adequately documented and preserved by photographs and
measurements.
B. The death of any patient, inmate, ward, or veteran in a
state hospital or other institution shall be reported by the chief
administrative officer of the hospital or institution or his or her
designee to the Office of the Chief Medical Examiner at the time of
the death and prior to release of the body.
1. Within thirty-six (36) hours, a written report shall be
submitted and shall be accompanied by true and correct copies of all
medical records of the hospital or institution concerning the
deceased patient.
2. The Chief Medical Examiner shall have the authority to
require production of any records, documents, or equipment or other
items regarding the deceased patient deemed necessary to investigate
the death.
Added by Laws 1961, p. 606, § 10, eff. Jan. 2, 1962. Amended by
Laws 1972, c. 246, § 9, emerg. eff. April 7, 1972; Laws 1978, c.
114, § 1, emerg. eff. March 31, 1978; Laws 1980, c. 178, § 1, emerg.
eff. May 14, 1980; Laws 1984, c. 36, § 1, emerg. eff. March 28,
1984; Laws 1988, c. 326, § 34, emerg. eff. July 13, 1988; Laws 2014,
c. 293, § 8, eff. Nov. 1, 2014; Laws 2022, c. 176, § 1, eff. Nov. 1,
2022.
§63-940a. Liability for removal of body.
No funeral establishment or its employees shall be liable for
the action, per se, of removing a body when ordered to do so by any
public official having the authority to order such removal.
Added by Laws 1999, c. 188, § 1, emerg. eff. May 21, 1999.
§63-941. Investigation by medical examiner.
A. Upon receipt of notice of death of any person which under
Section 931 et seq. of this title is subject to investigation, a
representative death investigator from the Office of the Chief
Medical Examiner shall immediately initiate an investigation and
shall document in detail, by the end of his or her assigned shift,
all the known and available facts of the death scene in the
electronic database of the Chief Medical Examiner. Decedent
specimens, evidence, and photographs shall be sent to the Office of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1288
the Chief Medical Examiner. The investigating official of the
Office of the Chief Medical Examiner may take charge of any object
or writing found on or near the body which is deemed necessary for
the purpose of establishing the cause and/or manner of death.
B. Upon conclusion of the investigation and determination that
such objects or writings are no longer needed as evidence, the
medical examiner or the medical examiner’s designee may deliver them
to the district attorney, law enforcement agency, or family for
disposition.
C. The investigating medical examiner or the medical examiner’s
designee shall have access at all times to any and all medical and
dental records and history of the deceased including, but not
limited to, radiographs and medical records in the course of his or
her official investigation to determine the cause and manner of
death. Such records may not be released to any other person by the
medical examiner, and the custodians of such records shall incur no
liability by reason of the release of such records to the medical
examiner.
D. 1. The body of the deceased shall be turned over to the
funeral director designated by the person responsible for burial
within twenty-four (24) hours of receipt of the decedent unless a
longer period is necessary to complete the required investigation.
2. The investigation shall be concluded and the case completed
within sixty (60) calendar days after the Office of the Chief
Medical Examiner assumes custody of the body, unless circumstances
exist that prevent adherence to this timeline.
Added by Laws 1961, p. 606, § 11, eff. Jan. 2, 1962. Amended by
Laws 1972, c. 246, § 10, emerg. eff. April 7, 1972; Laws 2014, c.
293, § 9, eff. Nov. 1, 2014; Laws 2015, c. 85, § 5, eff. Nov. 1,
2015; Laws 2024, c. 251, § 2, eff. Nov. 1, 2024.
§63-941a. Custody of the body.
Upon completion of an investigation by the Office of the
Chief Medical Examiner, the body of the deceased shall be
released to the person legally entitled to the custody
thereof, or his or her representative, unless:
1. A release is signed by the person legally entitled to the
custody of the body; or
2. The attending physician has notified the Chief Medical
Examiner of the State of Oklahoma, or his or her designee, of the
need for further investigation into the cause of death, or has
notified the appropriate district attorney of such need; or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1289
3. The laws of this state or the regulations of the Board of
Medicolegal Investigations require additional information or
examination that cannot be obtained or completed within the above
period of time.
Added by Laws 1975, c. 174, § 1. Amended by Laws 2014, c. 293, §
10, eff. Nov. 1, 2014; Laws 2015, c. 85, § 6, eff. Nov. 1, 2015.
§63-941b. Condition of the body.
When attending a patient at time of death, physicians
shall take care that the remains of the deceased are left in
such a state that will not hinder or unnecessarily
complicate the preparation for burial or other disposition,
provided that nothing herein shall interfere with or
restrict a physician's sworn duty to do all things
necessary to save the patient's life.
Added by Laws 1975, c. 174, § 2. Amended by Laws 2015, c. 85, § 7,
eff. Nov. 1, 2015.
§63-942. Report of findings.
A. 1. Upon completion of an investigation, the medical
examiner shall reduce his or her findings to writing upon the form
supplied to the medical examiner which shall be promptly sent to the
Chief Medical Examiner by mail.
2. If the medical examiner finds that the deceased had illicit,
prescription or nonprescription drugs in his or her system at the
time of death, the medical examiner shall document in his or her
findings if the death was:
a. a natural or accidental death with drug involvement,
b. a homicide by drugs,
c. a suicide by drug overdose, or
d. a death with drug involvement, but the manner of death
could not be determined.
3. A fatality shall not be considered a drug-related death
unless the medical examiner determines that the drug or drugs
present in the deceased materially contributed to the death.
B. Copies of reports shall be furnished by the Chief Medical
Examiner to investigating agencies having official interest therein.
Copies of reports shall also be furnished to the spouse of the
deceased or any person within one degree of consanguinity of the
deceased upon request and within five (5) business days of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1290
request once the cause and manner of death have been determined and
the death certificate has been issued.
Added by Laws 1961, p. 606, § 12, eff. Jan. 2, 1962. Amended by
Laws 1963, c. 302, § 3, emerg. eff. June 19, 1963; Laws 1972, c.
246, § 11, emerg. eff. April 7, 1972; Laws 2011, c. 344, § 2, eff.
Nov. 1, 2011; Laws 2014, c. 293, § 11, eff. Nov. 1, 2014.
§63-942a. Appeal of medical examiner's findings.
A. The next of kin of the deceased may appeal the findings of
the medical examiner to the district court of Oklahoma County under
a petition for judicial review within two (2) years from the
completion of the report. Such appeal shall be made in writing,
shall state the nature and reasons for the appeal, and shall be
supported by affidavit. The burden of proof shall be on the
petitioner to establish by a preponderance of the evidence that the
death certificate is in error. The petitioner shall notify the
Office of the Chief Medical Examiner in writing upon filing the
petition for judicial review. No jury shall be impaneled and no
monetary damages shall be awarded under a cause of action filed
pursuant to this subsection.
B. The court shall conduct an evidentiary hearing. Should the
court find that the findings of the medical examiner are erroneous,
the court shall immediately order the Chief Medical Examiner to
correct the report and transmit the appropriate paperwork to the
State Department of Health for the correction of the death
certificate.
Added by Laws 2011, c. 344, § 3, eff. Nov. 1, 2011. Amended by Laws
2014, c. 293, § 12, eff. Nov. 1, 2014.
§63-943. Repealed by Laws 2014, c. 293, § 23, eff. Nov. 1, 2014.
§63-944. Autopsy - Public interest – Deceased children - Collection
of samples.
A. When necessary in connection with an investigation to
determine the cause and/or manner of death and when the public
interest requires it, the Chief Medical Examiner, his or her
designee or a district attorney shall require and authorize an
autopsy to be conducted. In determining whether the public interest
requires an autopsy the medical examiner or district attorney
involved shall take into account but shall not be bound by request
therefor from private persons or from other public officials.
B. Except as provided by subsections C and D of this section, a
parent of a deceased child is entitled to view and to hold the
child's body before the medical examiner for the county in which the
death occurred assumes custody of the body pursuant to Section 938
of this title. If the child's death occurred at a hospital or other
Oklahoma Statutes - Title 63. Public Health and Safety Page 1291
health care facility, the viewing may be conducted at the hospital
or facility.
C. A parent of a deceased child may not view nor hold the
child's body after a medical examiner assumes custody of the body
pursuant to Section 941 of this title unless the parent first
obtains the consent of the district judge or medical examiner or a
person acting on behalf of the district judge or medical examiner.
D. A viewing or holding of the body of a deceased child whose
death is determined to be subject to an investigation under Section
938 of this title must be conducted in compliance with the following
conditions:
1. The viewing or holding must be supervised by:
a. a peace officer or, with the officer's consent, a
person described by subparagraph b of this paragraph,
if law enforcement has assumed custody of the body at
the time of the viewing or holding, or
b. a physician, registered nurse, licensed vocational
nurse, the medical examiner, or a person acting on
behalf of the medical examiner;
2. A parent of the deceased child may not have contact with the
child's body unless the parent first obtains the consent of the
medical examiner or his or her designee; and
3. A person may not remove a medical device from the child's
body or otherwise alter the condition of the body for purposes of
conducting the viewing or holding unless the person first obtains
the consent of the medical examiner or his or her designee.
E. The medical examiner or his or her designee may collect and
retain such blood, tissue, bone, fluid or body waste specimens as
are deemed necessary to carry out his or her duties as specified in
Section 931 et seq. of this title. No autopsy authorization shall
be required as a prerequisite to the collection of such specimens.
Added by Laws 1961, p. 606, § 14, eff. Jan. 2, 1962. Amended by
Laws 1965, c. 258, § 2, emerg. eff. June 21, 1965; Laws 1968, c.
182, § 1; Laws 1972, c. 246, § 13, emerg. eff. April 7, 1972; Laws
2014, c. 293, § 13, eff. Nov. 1, 2014; Laws 2015, c. 85, § 8, eff.
Nov. 1, 2015; Laws 2022, c. 35, § 1, eff. Nov. 1, 2022.
§63-944.1. Repealed by Laws 2014, c. 293, § 23, eff. Nov. 1, 2014.
§63-944.2. Unconstitutional.
NOTE: Editorially renumbered from § 944.1 to avoid a duplication in
numbering.
NOTE: Section, derived from Laws 1985, c. 245, § 3, mandating
sharing of costs of operation by requiring a fee for autopsies
performed by State Medical Examiner, declared unconstitutional by
State ex rel, Jordan v. City of Bethany, Okl., 769 P.2d 164(1989).
Oklahoma Statutes - Title 63. Public Health and Safety Page 1292
§63-944.3. Declined autopsy — Notice to legal custodian of the
deceased.
A. If, in the course of an investigation, the Office of the
Chief Medical Examiner declines to conduct an autopsy under Section
944 of Title 63 of the Oklahoma Statutes, the Office shall make a
good faith effort to so inform the person legally entitled to the
custody of the body of the deceased through a written or electronic
notice upon or before release of the body. The notice shall
contain:
1. A statement disclosing that an autopsy was not conducted;
2. The contact information of a family assistance coordinator
as described in subsection C of this section;
3. A statement that the person may have the right to request a
private autopsy at personal expense from an authorized physician or
hospital under Section 1154 of Title 21 of the Oklahoma Statutes
prior to the final disposition of the body; and
4. A statement that the person may request reports produced by
the Office as provided by law upon conclusion of the investigation
and completion of the case.
B. A licensed funeral director shall make a good faith effort
to assist the Office of the Chief Medical Examiner in implementing
the requirements of subsection A of this section including, but not
limited to, by providing the Office with the contact information of
the person legally entitled to the custody of the body upon request
by the Office.
C. The Office shall create a process by which the person
legally entitled to the custody of a body or his or her
representative may ask questions of, and receive responses from, a
family assistance coordinator regarding the medicolegal
investigation and other relevant topics within the purview of the
Office.
Added by Laws 2024, c. 251, § 3, eff. Nov. 1, 2024.
§63-945. Person to perform autopsy - Extent - Report of findings.
A. When properly authorized, an autopsy shall be performed by
the Chief Medical Examiner or such person as may be designated by
him or her for such purpose. The Chief Medical Examiner or a person
designated by him or her may authorize arterial embalming of the
body prior to the autopsy when such embalming would in his or her
opinion not interfere with the autopsy. The extent of the autopsy
shall be made as is deemed necessary by the person performing the
autopsy.
B. A full and complete report of the facts developed by the
autopsy together with the findings of the person making it shall be
prepared and filed in the Office of the Chief Medical Examiner
without unnecessary delay. Copies of such reports and findings
shall be furnished to district attorneys and law enforcement
Oklahoma Statutes - Title 63. Public Health and Safety Page 1293
officers making a criminal investigation in connection with the
death.
C. Upon receiving a written, signed and dated records request,
a copy of the full and complete report of the facts developed by the
autopsy, together with the findings of the person making the report,
shall be released by the Office of the Chief Medical Examiner to the
public in the most expedient manner available or as requested by the
records requester and, under the following conditions, shall be
furnished to:
1. District attorneys and any law enforcement agency with
authority to make a criminal investigation in connection with the
death; provided, such copies shall not be shared with any other
entity unless otherwise provided by law;
2. The spouse of the deceased or any person related within two
(2) degrees of consanguinity to the deceased, unless the district
attorney or law enforcement agency making a criminal investigation
objects to the release of documents to any family member. District
attorneys and law enforcement agencies shall be prohibited from
objecting to the release of the full and complete autopsy report to
the family if the decedent was in state custody, in custody of law
enforcement or is deceased due to lethal action of a law enforcement
officer; and
3. Any insurance company conducting an insurer's investigation
of any insurance claim arising from the death of the individual upon
whom the autopsy was performed.
D. The full and complete report of the facts developed by the
autopsy, together with the findings of the person making the report,
shall be withheld from public inspection and copying for ten (10)
business days following the date the report is generated by the
Office of the Chief Medical Examiner, except as provided for in
subsection C of this section.
E. The Office of the Chief Medical Examiner shall produce a
summary report of investigation by the medical examiner at the same
time the full and complete report of the facts developed by the
autopsy, together with the findings of the person making the report,
is released to the parties listed in subsection C of this section.
The summary report of investigation shall be made available for
public inspection and copying without delay. Any person may obtain
a copy of the summary report of investigation in the most expedient
manner available or as requested by the records requester.
F. The summary report of investigation shall include, but not
be limited to, the following information, if known:
1. Decedent name, age, birth date, race, sex, home address,
examiner notified by name and title and including date and time,
location where decedent was injured or became ill, including name of
facility, address, city, county, type of premises, date and time;
location of death including name of facility, city, county, type of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1294
premises, date and time, and location body was viewed by medical
examiner including address, city, county, type of premises and date
and time;
2. If the death was a motor vehicle accident, whether the
decedent was the driver, passenger or pedestrian, and the type of
vehicle involved in the accident;
3. A description of the body, including but not limited to the
external physical examination, rigor, livor, external observations
including hair, eye color, body length and weight, and other
external observations, as well as the presence and location of
blood; and
4. The probable cause of death, other significant conditions
contributing to the death but not resulting in the underlying cause
given, manner of death, case disposition, case number, and name and
contact information of the medical examiner performing the autopsy,
including a signature and certification statement that the facts
contained in the report are true and correct to the best of their
knowledge and the date the report was signed and generated.
G. At the conclusion of the ten (10) business-day-period, the
full and complete report shall be made available as a public record
except when a district attorney or law enforcement agency with
authority to make a criminal investigation in connection with the
death declares that the full and complete report contains
information that would materially compromise an ongoing criminal
investigation. Such declaration shall be in writing to the Office
of the Medical Examiner and be an open record available from the
Office of Medical Examiner.
1. Upon such declaration, the district attorney or law
enforcement agency shall request from the appropriate district court
a hearing for an extension of time during which the full and
complete autopsy report, not including information in the summary
report, may be withheld.
2. When a request for an extension of time has been filed with
the court, the full and complete autopsy report in question may be
withheld until the court has issued a ruling on the requested
extension of time to release the autopsy report. Such requests for
an extension of time during which the autopsy may be withheld shall
be made on the grounds that release of the full and complete autopsy
report will materially compromise an ongoing criminal investigation.
3. Courts considering such requests shall conduct a hearing and
consider whether the interests of the public outweigh the interests
asserted by the district attorney or law enforcement agency.
4. If an extension of time is granted by the court, the initial
extension shall be ordered by the court for a period of six (6)
months. Subsequent extensions shall only be ordered after a hearing
by the court for an additional one year and cumulative time
extensions shall not exceed more than four (4) years and six (6)
Oklahoma Statutes - Title 63. Public Health and Safety Page 1295
months; provided, under no circumstance shall an extension of time
be granted by the court if the deceased person was in state custody,
in custody of law enforcement or was deceased due to lethal action
of a law enforcement officer.
5. In the event that six (6) months have expired from the date
of the initial release of the autopsy report without any person
being criminally charged in the case in question and release of the
autopsy or portions of the autopsy have been denied on the grounds
of materially compromising a criminal investigation, an appeal of
such denial may be made to the appropriate district court. Courts
considering appeals for temporarily withholding an autopsy report
shall conduct a hearing and consider whether the interests of the
public outweigh the interests asserted by the district attorney or
law enforcement agency. In response to such appeals, the district
court shall order that the autopsy report be made available for
public inspection and copying with no redaction, or shall order an
extension of time during which the autopsy report may be withheld
under the provisions of this section.
6. Any court order obtained pursuant to this subsection shall
be served upon the Office of the Chief Medical Examiner by the party
requesting or granted the extension by the court.
H. An order granting an extension of time shall be applicable
to the autopsy report for the duration of the extension; provided,
each subsequent time extension shall only be ordered by the district
court for an additional twelve-month period of time or less and
cumulative time extensions shall not exceed four (4) years and six
(6) months; provided, charges being filed against a person in the
case in question or an autopsy report being entered into evidence as
part of a criminal prosecution nullifies any granted extension of
time.
I. The opportunities to withhold an autopsy report or portions
of an autopsy report provided in this section shall expire in
totality four (4) years and six (6) months after the date the
autopsy report was generated, at which time the autopsy report
previously withheld on the grounds provided for in this section
shall be made available for public inspection and copying.
J. Nothing in this section shall prohibit a district attorney
or law enforcement agency with authority to make a criminal
investigation in connection with the death from immediately
releasing portions of information contained in the full and complete
autopsy report for the purposes of assisting with the criminal
investigation or apprehension of any person involved in a criminal
act that resulted in the death of another person.
K. After ten (10) business days from the release of the full
and complete report, nothing in this section shall prohibit the
spouse of the deceased or any person related within two (2) degrees
of consanguinity to the deceased who has received a copy of the full
Oklahoma Statutes - Title 63. Public Health and Safety Page 1296
and complete autopsy report from the Office of the Chief Medical
Examiner from authorizing the Office of the Chief Medical Examiner's
office to release the full and complete autopsy report to any other
person subject to approval by the court.
L. When an autopsy of the body is conducted of a deceased human
who has epilepsy or a history of seizures, the report shall include
an investigation and determination as to whether the deceased
suffered a sudden unexpected death in epilepsy (SUDEP). In the
event the deceased did suffer a sudden unexpected death in epilepsy,
such information shall be noted on the death certificate and be
reported to the North American SUDEP Registry (NASR).
Added by Laws 1961, p. 607, § 15, eff. Jan. 2, 1962. Amended by
Laws 1972, c. 246, § 14, emerg. eff. April 7, 1972; Laws 2014, c.
293, § 14, eff. Nov. 1, 2014; Laws 2017, c. 385, § 1, eff. Nov. 1,
2017; Laws 2025, c. 377, § 5, eff. Nov. 1, 2025.
§63-946. Exhuming of bodies - Hearing - Autopsy - Reports.
A. If death occurred under circumstances as enumerated in
Section 938 of this title, and if the body has been buried without
proper certification of death, it shall be the duty of the
investigating official, upon ascertaining such facts, to notify the
Chief Medical Examiner and the district attorney of the county in
which the body was buried. The district attorney shall present
facts to the judge of the district court of that county, and the
judge, after a hearing, may by written order require the body to be
exhumed and an autopsy performed by the Chief Medical Examiner or
his or her designee. A copy of the court order for exhumation shall
be provided to the State Department of Health. A complete report of
the facts developed by the autopsy and the findings of the person
making the same shall be filed with the Chief Medical Examiner
without unnecessary delay and a copy furnished the district attorney
of the county within which the death occurred or within which the
body was buried, or both.
B. No order for exhumation, as provided for in subsection A of
this section, shall be made without notice of the hearing being
served upon the decedent's next of kin, five (5) days prior to the
hearing. The notice shall be served in the same manner as provided
for by law for the service of summons in a civil action, shall
include the date, time and place of the hearing and shall advise the
person so notified that he or she has the right to appear and be
heard by the court at that time. Provided, that the district
attorney may, by affidavit, advise the court that the identity or
whereabouts of any persons required to be served with notice under
this subsection is unknown and cannot be ascertained with due
diligence. Upon finding that the facts stated in the affidavit are
true, the court shall not require notice be given.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1297
Added by Laws 1961, p. 607, § 16, eff. Jan. 2, 1962. Amended by
Laws 1972, c. 246, § 15, emerg. eff. April 7, 1972; Laws 1981, c.
87, § 1, eff. Oct. 1, 1981; Laws 2011, c. 105, § 37, eff. Nov. 1,
2011; Laws 2014, c. 293, § 15, eff. Nov. 1, 2014.
§63-947. Certificate of death.
A. The certification of death of any person whose death is
investigated under Section 931 et seq. of this title shall be made
by the Chief Medical Examiner or his or her designee upon a medical
examiner death certificate provided by the State Registrar of Vital
Statistics. Such death certificates shall be valid only when signed
by the Chief Medical Examiner or his or her designee. Copies of all
such certificates shall be forwarded immediately upon receipt by the
State Registrar of Vital Statistics to the Office of the Chief
Medical Examiner. The final certification of death issued under
this section shall be signed by the Chief Medical Examiner or his or
her designee immediately upon conclusion of the investigation and
completion of the case.
B. Any certification of death by an attending physician may be
referred by the State Registrar of Vital Statistics to the Chief
Medical Examiner for investigation and the amending of the original
certificate of death by the filing of a medical examiner death
certificate by the Chief Medical Examiner or his or her designee
when the death is determined by the Chief Medical Examiner to be one
properly requiring investigation under Section 938 of this title.
C. Medical examiner death certificates shall not be required in
cases investigated solely for the purpose of issuing a permit for
transport of a body out of state.
Added by Laws 1961, p. 607, § 17, eff. Jan. 2, 1962. Amended by
Laws 1972, c. 246, § 16, emerg. eff. April 7, 1972; Laws 1989, c.
163, § 1, emerg. eff. May 8, 1989; Laws 2014, c. 293, § 16, eff.
Nov. 1, 2014; Laws 2024, c. 251, § 4, eff. Nov. 1, 2024.
§63-948. Storage of biological specimens - Storage fees - Drug
screens.
A. The Office of the Chief Medical Examiner (OCME) shall store
biological specimens in the control of the OCME for the potential
purpose of independent analyses in matters of civil law, only upon
receipt of a written request for such storage and payment of a
storage fee. The fee shall be paid by the person requesting storage
to the Office of the Chief Medical Examiner. The Board shall
promulgate rules establishing a fee for storage of such biological
specimens which shall not exceed One Hundred Dollars ($100.00) per
year for a period of time not to exceed five (5) years. All fees
collected pursuant to the provisions of this subsection shall be
deposited to the credit of the Chief Medical Examiner Revolving
Fund.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1298
B. 1. The Office of the Chief Medical Examiner (OCME) is
authorized to perform drug screens on specimens in the custody of
the OCME, provided the request is made by an agency or party
authorized to receive such information. The OCME may limit drug
screens within the technical and physical capabilities of the OCME.
2. The authorization for drug screens shall apply only to
specimens from cases already within the jurisdiction of the OCME and
only when the analyses are deemed by the Chief Medical Examiner or
Deputy Chief Medical Examiner not to conflict with any investigation
of the case by the state.
3. The Board of Medicolegal Investigations shall establish a
fee for drug screen services by rule. All fees collected pursuant
to the provisions of this subsection shall be deposited to the Chief
Medical Examiner Revolving Fund.
Added by Laws 1961, p. 607, § 18, eff. Jan. 2, 1962. Amended by
Laws 1963, c. 302, § 4, emerg. eff. June 19, 1963; Laws 1968, c.
182, § 2; Laws 1972, c. 246, § 17, emerg. eff. April 7, 1972; Laws
1996, c. 234, § 4, eff. July 1, 1996; Laws 2004, c. 559, § 1, eff.
Nov. 1, 2004; Laws 2014, c. 293, § 17, eff. Nov. 1, 2014; Laws 2017,
c. 343, § 2.
§63-948.1. Fee schedule - Exemptions.
A. The Board of Medicolegal Investigations may establish a fee
schedule for forensic services, permits and reports rendered to
members of the public and other agencies.
1. No fee schedule may be established or amended by the Board
except during a regular legislative session. The Board shall comply
with the Administrative Procedures Act for adoption of rules and
establishing or amending any such fee schedule.
2. Except as otherwise specified in this section, the Board
shall charge fees only within the following ranges:
a. permit for cremations that occur within the state:
Two Hundred Dollars ($200.00) to Two Hundred Seventy-
five Dollars ($275.00),
b. forensic science service: One Hundred Dollars
($100.00) to Three Thousand Dollars ($3,000.00),
c. report copies: Ten Dollars ($10.00) for report of
investigation, including toxicology, and Twenty
Dollars ($20.00) for an autopsy report, including
toxicology,
d. x-rays: Fifteen Dollars ($15.00) each,
e. microscopic slides, Hematoxylin, and Eosin (H&E): Ten
Dollars ($10.00) each,
f. special stains: Fifteen Dollars ($15.00) each, and
g. photographs: Twenty-five Dollars ($25.00) per compact
disc (CD) or other suitable digital storage media.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1299
3. Medical examiner permit certificates shall be required in
cases investigated solely for the purpose of issuing a permit for
transporting a body out of state.
4. The Board of Medicolegal Investigations shall charge a fee
for an investigation and issuance of an out-of-state transport
permit for human remains.
5. An out-of-state transport permit and cremation permit shall
both be required for bodies containing body parts sent out of state
or out of country, while remaining body parts remain unused.
B. The Board shall base the fee schedule for forensic science
services, permits and reports upon reasonable costs of review,
investigation and forensic science service delivery; provided,
however, the fee schedule shall be within the ranges specified in
subsection A of this section. The Board shall continue a system of
basic and continuing educational service and training for all
personnel who render forensic science services in order to ensure
uniform statewide application of the rules of the Board. The Board
shall consider the reasonable costs associated with such training
and continuing education in setting the forensic science service
fees.
C. The Board may exempt by rule any agency or class of
individuals from the requirements of the fee schedule if the Board
determines that the fees would cause an unreasonable economic
hardship or would otherwise hinder or conflict with an agency’s
responsibilities.
D. All statutory fees currently in effect for permits or
forensic science services administered by the Chief Medical Examiner
and the Board of Medicolegal Investigations within the jurisdiction
of the Office of the Chief Medical Examiner shall remain in effect
until such time as the Board acts to implement new schedules
pursuant to the provisions of this section and Section 948 of this
title.
Added by Laws 2004, c. 559, § 2, eff. Nov. 1, 2004. Amended by Laws
2014, c. 293, § 18, eff. Nov. 1, 2014; Laws 2015, c. 85, § 9, eff.
Nov. 1, 2015; Laws 2024, c. 262, § 1, eff. Nov. 1, 2024.
§63-949. Records - Evidence - Sudden Unexpected Death in Infants
and Children.
A. 1. a. The Office of the Chief Medical Examiner shall keep
full and complete records, properly indexed, giving
the name, if known, of every person whose death is
investigated, the place where the body was found, the
date, cause, and manner of death and all other
relevant information concerning the death. The full
report and detailed findings of the autopsy, if any,
shall be a part of the record in each case.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1300
b. The Chief Medical Examiner shall track and forward,
within seventy-two (72) hours after the examination,
demographic information on sudden, unexpected and
nontraumatic infant deaths including, but not limited
to, Sudden Infant Death Syndrome (SIDS), to the
Oklahoma SIDS Coordinator at the State Department of
Health and the SIDS Foundation of Oklahoma. As used
in this subparagraph, "Sudden Unexpected Death in
Infants and Children" (SUDIC) means the sudden,
unexpected death of an apparently healthy infant less
than one (1) year of age which remains unexplained
following a complete medicolegal analysis and death
scene investigation. The Chief Medical Examiner shall
follow up with further notification upon final
determination of a cause of death. Such notification
shall be for statistical reporting purposes only.
2. The office shall promptly deliver to each district attorney
having jurisdiction of the case, copies of all cases relating to a
death for which further investigation may be advisable. Any
district attorney or other law enforcement official may, upon
request, obtain copies of such records or other information deemed
necessary to the performance of such district attorney's or other
law enforcement official's official duties.
B. No report, findings, testimony, or other information of a
medical examiner shall be admitted in evidence in any civil action
in any court in this state, except under the following
circumstances:
1. Certified copies of reports pertaining to the factual
determinations of views and examination of or autopsies upon the
bodies of deceased persons by the Chief Medical Examiner or anyone
under his or her supervision or control may be admitted in evidence
in any civil case in a court of competent jurisdiction in this state
by stipulation of all parties in the case;
2. If a party refuses to stipulate to admission, the reports
may be requested by any party seeking to admit the records as
evidence. The request shall be made to the Office of the Chief
Medical Examiner, who shall furnish same;
3. The party seeking admission of the reports shall then serve
interrogatories concerning the facts to be answered under oath by
the person preparing the records. The interrogatories and answers
thereto shall be subject to the rules of evidence and may be
admissible in evidence in any civil case in a court of competent
jurisdiction. Objections to the interrogatories shall be made by
any party in accordance with law just as if the interrogatories had
been served on the objecting party. Cross interrogatories shall be
submitted and shall be answered and admitted in evidence in the same
manner as interrogatories;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1301
4. The taking of depositions shall then be allowed pursuant to
the provisions of Section 3230 of Title 12 of the Oklahoma Statutes;
provided, however, depositions shall take place at the Office of the
Chief Medical Examiner or anyone under his or her supervision or
control whose testimony is sought, unless all parties, including the
medical examiner, agree the deposition can be taken elsewhere;
5. No other testimony of the Chief Medical Examiner or anyone
under his or her supervision and control shall be admitted in
evidence in any civil action in any court of this state, unless
timely application is made to the court by an interested party or
litigant and timely notice of the application is given to the
medical examiner. After a hearing, the court, for good cause shown,
may order the appearance of the Chief Medical Examiner or anyone
under his or her supervision and control for the purpose of
testifying and may order that a subpoena be issued for that
appearance; provided, however, that such order by the court shall be
the exception and not the rule; and
6. The cost of the records or certified copies thereof shall be
paid by the party requesting same. The reasonable fee charged by
the Chief Medical Examiner or anyone under his or her supervision
and control for answering interrogatories or cross interrogatories,
submitting to depositions, or providing testimony shall be paid by
the party submitting same. This fee shall be in place of any other
witness fee allowed by law.
C. Certified copies of reports and findings, exclusive of
hearsay evidence, may be admitted in evidence in preliminary
hearings and criminal trials by stipulation.
D. Certified copies of reports of investigations by a medical
examiner, laboratory reports and/or autopsy reports may be furnished
to the next of kin or others having need for them upon written
statement and payment of a reasonable fee set by the Board of
Medicolegal Investigations.
Added by Laws 1961, p. 607, § 19, eff. Jan. 2, 1962. Amended by
Laws 1972, c. 246, § 18, emerg. eff. April 7, 1972; Laws 1974, c.
275, § 1, emerg. eff. May 29, 1974; Laws 1976, c. 63, § 1; Laws
1999, c. 55, § 2, emerg. eff. April 5, 1999; Laws 2004, c. 190, § 1,
eff. July 1, 2004; Laws 2014, c. 293, § 19, eff. Nov. 1, 2014.
§63-950. Repealed by Laws 2014, c. 293, § 23, eff. Nov. 1, 2014.
§63-951. Transporting of bodies for autopsy or scientific tests.
The Chief Medical Examiner shall maintain a contract transport
service authorized to transport bodies of deceased persons of whose
death he or she is officially informed to an appropriate place for
autopsy or for the performance of scientific tests; provided that,
after the autopsy shall have been performed or such tests made, the
bodies of such deceased persons shall be returned to the county from
Oklahoma Statutes - Title 63. Public Health and Safety Page 1302
which they were brought, or, when so authorized by the district
attorney of the county and upon request of the nearest relative of
the deceased or other person who may be responsible for burial, the
body may be transported to some place other than the county. The
Chief Medical Examiner or his or her designee may authorize payment
for the services in transporting the body to the place designated
for autopsy, which shall be submitted upon a claim filed with the
Board of Medicolegal Investigations.
Added by Laws 1961, p. 608, § 21, eff. Jan. 2, 1962. Amended by
Laws 1963, c. 302, § 6, emerg. eff. June 19, 1963; Laws 1972, c.
246, § 20, emerg. eff. April 7, 1972; Laws 2014, c. 293, § 20, eff.
Nov. 1, 2014.
§63-952. Persons excluded from serving as examiners or deputies.
It is specifically provided that no embalmer, funeral director,
or employee of a funeral home shall be employed in any capacity with
the Office of the Chief Medical Examiner, nor shall any member of
law enforcement including but not limited to peace officers, deputy
sheriffs, and reserve deputies.
Added by Laws 1961, p. 608, § 22, eff. Jan. 2, 1962. Amended by
Laws 2014, c. 293, § 21, eff. Nov. 1, 2014.
§63-953. Penalties.
Any person who willfully fails to comply with the provisions of
this act shall be guilty of a misdemeanor, and upon conviction shall
be fined not to exceed Five Hundred Dollars ($500.00), or by
imprisonment in the county jail for a term not to exceed thirty (30)
days, or by both such fine and imprisonment.
Laws 1961, p. 608, § 23.
§63-954. Chief Medical Examiner Revolving Fund.
A. The Board of Medicolegal Investigations is authorized to
accept grants, gifts, fees or funds from persons, associations,
corporations, or foundations for any purpose authorized by the
Board.
B. There is hereby created in the State Treasury a revolving
fund for the Office of the Chief Medical Examiner to be designated
the "Chief Medical Examiner Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all moneys received from:
1. Laboratory analysis fees pursuant to the provisions of
Section 1313.2 of Title 20 of the Oklahoma Statutes;
2. Grants, gifts, fees or funds from persons, associations,
corporations or foundations pursuant to this section;
3. Document fees pursuant to the Oklahoma Open Records Act,
Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1303
4. Specimen storage and drug screen service fees pursuant to
the provisions of Section 948 of Title 63; and
5. Cremation, burial at sea or other recognized means of
dissolution permit fees pursuant to Section 1-329.1 of this title.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Office of the
Chief Medical Examiner for the duties imposed upon the Board of
Medicolegal Investigations by law. Expenditures from said 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 1961, p. 608, § 24, eff. Jan. 2, 1962. Amended by
Laws 1963, c. 302, § 7, emerg. eff. June 19, 1963; Laws 1972, c.
246, § 21, emerg. eff. April 7, 1972; Laws 1987, c. 5, § 73, emerg.
eff. March 11, 1987; Laws 1987, c. 236, § 121, emerg. eff. July 20,
1987; Laws 1988, c. 74, § 2, eff. Nov. 1, 1988; Laws 1994, c. 382, §
33, eff. Sept. 1, 1994; Laws 2012, c. 304, § 508; Laws 2017, c. 343,
§ 3.
§63-981. Activity within six (6) feet of high voltage overhead line
or conductorprohibited.
No person, firm, corporation or association shall, individually
or through an agent or employee and no person as an agent or
employee of any person, firm, corporation or association, shall
perform or permit any agent or employee to perform any function or
activity upon any land, building, highway, or other premises, when
it is possible during the performance of such activity for any
person or employee engaged in performing work connected with or
related to such function or activity to move to or to be placed in a
position within six feet of any high voltage overhead electrical
line or conductor, or when it is possible for any part of any tool,
equipment, machinery or material to be used by any such person or
employee to be brought within six (6) feet of any such overhead high
voltage line or conductor through any lateral, vertical or swinging
motion during the performance of such function or activity.
Added by Laws 1963, c. 118, § 1, emerg. eff. May 31, 1963.
§63-982. Storing, moving, etc. of equipment, materials, or
buildings within six feet of lines prohibited.
No person, firm, corporation or association shall, individually
or through an agent or employee, and no person as an agent or
employee of any person, firm, corporation or association, shall
store, operate, erect, maintain, move or transport any tools,
machinery, equipment, supplies, materials, apparatus, house or other
building, or any part thereof, within six (6) feet of any high
voltage overhead conductor.
Laws 1963, c. 118, § 2, emerg. eff. May 31, 1963.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1304
§63-983. Posting of warning signs in cranes, derricks and similar
apparatus.
No person, firm, corporation or association shall, individually
or through an agent or employee, or as an agent or employee, operate
any crane, derrick, power shovel, drilling rig, hoisting equipment,
or similar apparatus, any part of which is capable of vertical,
lateral or swinging motion, unless there is posted and maintained in
plain view of the operator thereof, a durable warning sign legible
at twelve (12) feet, reading:
"Unlawful to operate this equipment within six feet of high
voltage lines."
Each day's failure to post or maintain such signs shall constitute a
separate violation.
Laws 1963, c. 118, § 3, emerg. eff. May 31, 1963.
§63-984. Violations and penalties.
Every person, firm, corporation, association, and every agent or
employee of any such person, firm, corporation, or association, who
violates any of the provisions of this act, shall be guilty of a
misdemeanor, and upon conviction thereof, shall be liable to a fine
of not more than Five Hundred Dollars ($500.00), or imprisonment in
the county jail for a term not to exceed six (6) months, or both
such fine and imprisonment; and in addition thereof, if such
violation results in physical or electrical contact with any
overhead high voltage line or conductor, the person, firm,
corporation or association violating the provisions of this act,
shall be liable to the owner or operator of such high voltage line
or conductor for all damage to such facilities and for all liability
incurred by such owner or operator as a result of any such
accidental contact.
Added by Laws 1963, c. 118, § 4, emerg. eff. May 31, 1963.
§63-985. Definitions.
For the purpose of this act: (a) "high voltage" shall mean a
voltage in excess of seven hundred fifty (750) volts between
conductors, or between any single conductor and the ground; (b)
"overhead lines or overhead conductors" shall mean all bare or
insulated electrical conductors installed above ground excepting
those conductors that are deenergized and grounded or that are
enclosed in iron pipe or other metal covering of equal strength.
Laws 1963, c. 118, § 5, emerg. eff. May 31, 1963.
§63-986. Temporary clearance of lines - Costs.
When any person, firm or corporation desires to temporarily
carry on any function, activity, work or operation in closer
proximity to any high-voltage line or conductor than permitted by
Oklahoma Statutes - Title 63. Public Health and Safety Page 1305
this act, the person or persons responsible for the work to be done
shall promptly notify the operator of the high-voltage conductors of
the work to be performed and make appropriate arrangements with the
operator of the high-voltage conductors for temporary mechanical
barriers, temporary deenergization and grounding of the conductors,
or temporarily raising of the conductors before proceeding with any
work which would impair the clearances required by this act.
The actual costs incurred by any operator of high-voltage
conductors in providing clearances as above set out shall be paid by
the persons, firms or corporations requesting the operator of the
high-voltage conductors to provide said temporary clearances. Unless
and until arrangements satisfactory to the operator of the high-
voltage conductors for such payment have been made, such operator
shall be under no duty to provide clearances as set out herein.
Laws 1963, c. 118 § 6, emerg. eff. May 31, 1963.
§63-987. Operations and activities exempt.
This act shall not be construed as applying to, nor shall it
apply to: (a) construction, reconstruction, operation or maintenance
of any high-voltage overhead conductor, supporting structures or
appurtenances for the support or operation of high-voltage conductor
by person authorized by the owner or operator; nor (b) to work being
done on telephone or communication circuits or their supporting
structures; nor (c) to the operation or maintenance of any equipment
traveling or moving upon fixed rails of any railroad company subject
to the jurisdiction of the Interstate Commerce Commission and/or to
the Corporation Commission of the State of Oklahoma.
Laws 1963, c. 118, § 7, emerg. eff. May 31, 1963.
§63-1051. Short title.
This act may be cited as the "Oklahoma Housing Authorities Act."
Laws 1965, c. 251, § 1, emerg. eff. June 18, 1965.
§63-1052. Application of act.
The provisions of this act shall apply in all counties of this
state.
Laws 1965, c. 251, § 2, emerg. eff. June 18, 1965.
§63-1053. Finding and declaration of necessity.
It is hereby declared:
(a) that there exists in urban and rural areas in certain
counties in the state unsanitary, unsafe, and overcrowded dwelling
accommodations; that in such urban and rural areas within the state
there is a shortage of safe or sanitary dwelling accommodations
available at rents or prices which persons of low income can afford
and that such shortage forces such persons to occupy unsanitary,
unsafe, and overcrowded dwelling accommodations;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1306
(b) that the aforesaid conditions cause an increase in and
spread of disease and crime and constitute a menace to the health,
safety, morals and welfare of the residents of the state; that these
conditions necessitate excessive and disproportionate expenditures
of public funds for crime prevention and punishment, public health
and safety, fire and accident protection, and other public services
and facilities;
(c) that these slum areas cannot be cleared nor can the shortage
of safe and sanitary dwelling for persons of low income be
adequately relieved through the operation of private enterprise and
that housing projects for persons of low income as herein defined
would therefore not be competitive with private enterprise;
(d) that such projects would also make housing available for
persons of low income who are displaced in the rehabilitation,
clearance, or redevelopment of slums and blighted areas or as the
result of other governmental action, and for veterans of low income
who are unable to provide themselves with decent housing on the
basis of the benefits heretofore made available to them through
certain government guarantees of loans to veterans for the purchase
of residential property;
(e) that the clearance, replanning and preparation for
rebuilding of these areas and the providing of safe and sanitary
dwelling accommodations and maintaining a wholesome living
environment for persons of low income are charitable and public uses
and purposes for which public money may be spent and private
property acquired and are governmental functions of state concern;
(f) that residential construction activity is closely correlated
with general economic activity and that the undertakings authorized
by this act to aid the provision of better housing and more
desirable neighborhood and community development at lower costs will
make possible a more stable and larger volume of residential
construction activity which will assist materially in maintaining
full employment; and
(g) that it is in the public interest that preparations for such
projects and activities be made now, and that the necessity in the
public interest for the provisions hereinafter enacted is hereby
declared as a matter of legislative determination.
Laws 1965, c. 251, § 3, emerg. eff. June 18, 1965.
§63-1054. Definitions.
The following terms, wherever used or referred to in this act,
shall have the following respective meanings, unless a different
meaning clearly appears from the context:
(a) "Authority" means any public body corporate and politic
created by this act.
(b) "City" means any incorporated city or town in the state.
"County" means any county in the state.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1307
(c) "Governing body" means, in the case of a city, the council
or other governing body of the city in which is vested legislative
authority customarily imposed on the city council, and, in the case
of a county, the board of county commissioners.
(d) "Mayor" means the mayor of the city or the officer thereof
charged with the duties customarily imposed on the mayor or
executive head of a city.
(e) "Clerk" means the city clerk or the county clerk, as the
case may be.
(f) "Area of operation" means:
(1) in the case of an authority of a city, the city and the area
within one (1) mile of the territorial boundaries thereof, except
that the area of operation of an authority of any city shall not
include any area which lies within the territorial boundaries of
some other city;
(2) in the case of an authority of a county, all of the county
for which it is created: Provided, that a county authority shall not
undertake any project within the boundaries of any city unless a
resolution shall have been adopted by the governing body of the city
and by any authority which shall have been theretofore established
and authorized to exercise its powers in the city declaring that
there is need for the county authority to exercise its powers within
that city. No authority shall operate in any area in which an
authority already established is operating without the consent by
resolution of the authority already operating therein.
(g) "Federal government" includes the United States of America,
the Public Housing Administration, or any other agency or
instrumentality, corporate or otherwise, of the United States of
America.
(h) "Slum" means any area where dwellings predominate which by
reason of dilapidation, overcrowding, faulty arrangement or design,
lack of ventilation, light, or sanitary facilities, or any
combination of these factors, are detrimental to safety, health and
morals.
(i) "Housing project" or "project" means any work or undertaking
on contiguous or noncontiguous sites:
(1) to demolish, clear, or remove buildings from any slum
area;
(2) to provide or assist in providing (by any suitable method,
including but not limited to: rental; sale of individual units in
single or multifamily structures under conventional, condominium, or
cooperative sales contract; lease-purchase agreement; loans; or
subsidizing of rentals or charges) decent, safe and sanitary urban
or rural dwellings, apartments, or other living accommodations for
persons of low income; or
(3) to accomplish a combination of the foregoing. Such work or
undertaking may include buildings, land, equipment, facilities, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1308
other real or personal property for necessary, convenient or
desirable appurtenances; streets, sewers, water service, utilities,
parks, site preparation, and landscaping; and facilities for
administrative, community, health, recreational, welfare, or other
purposes. The term "housing project" or "project" also may be
applied to the planning of the buildings and improvements, the
acquisition of property or any interest therein, the demolition of
existing structures, the construction, reconstruction,
rehabilitation, alteration or repair of the improvements and all
other work in connection therewith; and the term shall include all
other real and personal property and all tangible or intangible
assets held or used in connection with the housing project.
(j) "Persons of low income" shall mean persons or families who
lack the amount of income which is necessary (as determined by the
authority undertaking the housing project) to enable them, without
financial assistance, to live in decent, safe and sanitary
dwellings, without overcrowding, however, the local housing
authority shall not exceed the guidelines in establishing incomes
set forth by the Department of Housing and Urban Development.
(k) "Bonds" means any bonds, notes, interim certificates,
debentures, or other obligations issued by an authority pursuant to
this act.
(l) "Real property" includes all lands, including improvements
and fixtures thereon, and property of any nature appurtenant
thereto, or used in connection therewith, and every estate, interest
and right, legal or equitable, therein including terms for years.
(m) "Obligee of an authority" or "obligee" includes any
bondholder, agent or trustee for any bondholder, or lessor demising
to the authority property used in connection with a project, or any
assignee or assignees of such lessor's interest or any part thereof,
and the federal government when it is a party to any contract with
the authority.
(n) "Persons engaged in national defense activities" means
persons in the Armed Forces of the United States; employees of the
Department of Defense; and workers engaged or to be engaged in
activities connected with national defense. The term also includes
the families of the persons, employees, and workers who reside with
them.
(o) "Major disaster" means any flood, drought, fire, hurricane,
tornado, earthquake, storm, or other catastrophe which, in the
determination of the governing body, is of sufficient severity and
magnitude to warrant the use of available resources of the federal,
state, and local governments to alleviate the damage, hardship, or
suffering caused thereby.
(p) "State public body" means any city, county, municipal
corporation, commission, district, authority, agency, subdivision,
or public body of the state.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1309
Added by Laws 1965, c. 251, § 4, emerg. eff. June 18, 1965. Amended
by Laws 1967, c. 339, § 1; Laws 1969, c. 281, § 1; Laws 1971, c.
218, § 1, emerg. eff. June 11, 1971.
§63-1055. Creation of city and county authorities.
In each city and in each county of the state there is hereby
created a public body corporate and politic to be known as the
"housing authority" of the city or county; provided, that the
authority shall not transact any business or exercise its powers
hereunder until or unless the governing body of the city or county,
as the case may be, by proper resolution declares that there is need
for an authority to function in the city or county.
The governing body shall give consideration as to the need for
an authority (1) on its own motion or (2) upon the filing of a
petition signed by not less than five percent (5%) of the qualified
voters of the city or county, as the case may be, asserting that
there is need for an authority to function in the city or county and
requesting that its governing body so declare.
The governing body shall adopt a resolution declaring there is
need for an authority in the city or county, as the case may be, if
it finds (1) that insanitary or unsafe inhabited dwelling
accommodations exist in the city or county, and (2) that there is a
shortage of safe and sanitary dwelling accommodations in the city or
county available to persons of low income at rentals or prices they
can afford. If the governing body declares a need for housing
exists, as set forth in (1) and (2) of this paragraph, said
governing body shall issue notice of such need and the number of
housing units proposed in a newspaper having a general circulation
in the area in which the need is certified. Such notice shall set
forth the facts that said declaration of need is final, if not
protested within thirty (30) days from date of said notice by the
method provided in the next succeeding paragraph.
Provided, however, that if a petition signed by not less than
five percent (5%) of the legal registered voters of the city or
county affected, as the case may be, is submitted to the governing
body within thirty (30) days of the adoption of said resolution then
said resolution shall be ineffective until approved by a majority of
those voting on the question at a special or general election;
provided that in the event said resolution is not approved by a
majority of those voting at any special or general election, then
the same or a similar resolution shall not be adopted by the
governing body for a period of one (1) year thereafter.
Provided further, however, in all cities and counties of less
than two hundred thousand (200,000) population, according to the
last Federal Decennial Census, all projects not authorized prior to
July 1, 1968, shall be ineffective until approved by a majority of
those voting on the question at a special or general election;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1310
except projects authorized under the provisions of Section 1057 of
this act.
In any suit, action or proceeding involving the validity or
enforcement of or relating to any contract of the authority, an
authority shall be conclusively deemed to have become established
and authorized to transact business and exercise its powers upon
proof of the adoption of the resolution and proof of the approval by
a majority of the voters as herein prescribed. A copy of the
resolution duly certified by the clerk shall be admissible in
evidence in any suit, action or proceeding.
Laws 1965, c. 251, § 5; Laws 1967, c. 339, § 2; Laws 1969, c. 281, §
2, emerg. eff. April 25, 1969.
§63-1055.1. Certain housing authorized to use state controlled
communication towers.
Any city, county, Rural Electric Cooperative or Indian housing
authority created pursuant to Sections 1055 and 1057 of Title 63 of
the Oklahoma Statutes is hereby authorized subject to approval of
the state agency controlling such communication towers to use state
controlled communication towers; provided such use shall meet
engineering specifications to ensure that such towers shall not be
damaged or the purpose of such towers shall not be interfered with.
Added by Laws 1986, c. 94, § 1.
§63-1056. Petitions and elections to discontinue the construction
of additional public housing projects.
A. 1. Upon the filing of a petition by five percent (5%) of
the qualified voters of the city or county, as the case may be,
asserting there is need for limiting an authority to its existing
operations and prohibiting such authority from engaging in
additional projects or additions to existing projects, or upon its
own motion, the governing body of that city or county, as the case
may be, shall call an election of the qualified voters residing in
the area of the authority for the purpose of deciding whether or not
the authority shall be limited to its existing operations and
prohibited from engaging in additional projects or additions to
existing projects.
2. The date for such election shall be set by the governing
body by resolution; provided, that such election shall be held not
less than eight (8) weeks nor more than twelve (12) weeks after the
date such petition is filed.
B. If a protest to such petition is filed, the burden of
proving the insufficiency of such petition shall be upon the
protestants. The hearing on such protest shall be held and the
protest decided by the governing body within four (4) weeks after
the filing thereof.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1311
C. 1. At such election the question before the voters shall
be:
Shall the Public Housing Authority of ___________ be limited to
its existing operations and prohibited from engaging in additional
projects or making additions to existing projects?
( ) YES
( ) NO
2. The question shall be decided by a majority of those voting
thereon.
D. The authority shall be limited to its existing operations
and prohibited from engaging in additional projects or additions to
existing projects upon certification that a majority of those voting
thereon have voted in the affirmative.
E. 1. If an authority has been so limited and prohibited as a
result of such an election the filing of a petition by five percent
(5%) of the qualified voters of the city or county, as the case may
be, asserting that there is a need for restoring the power of an
authority to engage in additional projects and additions to existing
projects, the governing body shall, by resolution, call an election
of the qualified voters residing in the area of the authority for
the purpose of deciding whether such power shall be restored.
2. Such election shall be held not less than eight (8) weeks
nor more than twelve (12) weeks after the date such petition is
filed.
3. If a protest to such petition is filed, the burden of
proving the insufficiency of such petition shall be upon the
protestants. The hearing on such protest shall be held and the
protest decided by the governing body within four (4) weeks after
the filing thereof.
4. At such election the question before the voters shall be:
a. Shall the power of the Public Housing Authority of
______ to engage in additional projects and to make
additions to existing projects be restored?
( ) YES
( ) NO
b. The question shall be decided by a majority of those
voting thereon.
F. No election under subsection C or E of this section shall be
called or held within twelve (12) months after the last election
thereunder.
G. A public housing authority whose powers have been limited by
an election held pursuant to this section prior to November 1, 1998,
shall have its powers fully restored by operation of law if a period
of at least fifteen (15) years has elapsed from the date the
election results were certified.
Added by Laws 1965, c. 251, § 6, emerg. eff. June 18, 1965. Amended
by Laws 1998, c. 99, § 1, eff. Nov. 1, 1998.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1312
§63-1057. Creation of Indian housing authorities – Transfer of
management and control.
A. There is hereby created, with respect to each Indian tribe,
band, or nation in the state, a public body corporate and politic,
to function in the operating area of each Indian tribe, band, or
nation to be known as the "housing authority" of the Indian tribe,
band, or nation. The Indian housing authority shall be an agency of
the State of Oklahoma, possessing all powers, rights, and functions
herein specified for city and county authorities created pursuant to
this act. The Indian housing authority shall not transact any
business nor exercise its powers hereunder until or unless the
governing council of the tribe, band, or nation, as the case may be,
by proper resolution, declares that there is a need for a housing
authority to function for the tribe, band, or nation.
B. Except as otherwise provided in this act, all the provisions
of law applicable to housing authorities created for cities and
counties and the commissioners of such authorities shall be
applicable to Indian housing authorities and commissioners, unless a
different meaning clearly appears from the context. The Chief or
other governing head of an Indian tribe, band, or nation is hereby
authorized to exercise all appointing and other powers with respect
to an Indian housing authority that are vested by this act in the
mayor of a city relating to a city housing authority.
C. The Oklahoma Legislature finds that, under the authority of
this section, state agency Indian housing authorities may be
operated in the area of federally recognized Indian tribes, bands
and nations in this state, upon proper resolution declaring that
there is a need for a housing authority to function in the operating
area of the tribe, band or nation. State agency Indian housing
authorities are funded exclusively with federal funds designated for
the purpose of providing housing in the area of the tribe, band or
nation for whose benefit the housing authority was established. The
state agency Indian housing authorities are managed by tribal
members appointed by the governing head of the tribe. At the time
that state agency Indian housing authorities were authorized to
operate for the benefit of the tribe, band or nation, the tribes,
bands and nations were not eligible to receive federal funding for
housing purposes. Federally recognized Indian tribes, bands and
nations are now eligible to receive federal funding for housing
purposes and many have received federal funds, and many have created
tribal housing authorities for the purpose of providing housing for
their tribal members. In the exercise of their sovereign powers,
some tribes, bands and nations desire or may in the future desire to
undertake the control and management of the state agency Indian
housing authorities created for their benefit and to assume all the
assets and liabilities, while other tribes, bands or nations may
Oklahoma Statutes - Title 63. Public Health and Safety Page 1313
wish to consolidate the state agency Indian housing authority
created or which may be created for their benefit into tribal
housing programs. In the interest of the sovereign power of
federally recognized Indian tribes, economy of efforts, and the
maintenance of cooperative relationships between the state and
federally recognized Indian tribes, and in light of the above
findings, the state hereby authorizes any federally recognized
Indian tribe, band or nation for whose benefit a state agency
housing authority was or may be created, to assume management and
control of the state agency Indian housing authority and all its
assets, as provided in this section.
D. Any federally recognized Indian tribe, band or nation for
whose benefit a state agency housing authority has been or will be
created is hereby empowered to undertake the management and control
of the program of the state agency upon:
1. The assumption of all present and future liabilities of the
state agency housing authority;
2. The acceptance of all assets of the state agency housing
authority;
3. Upon agreeing to continue to operate a housing authority or
program; and
4. Upon entering into local cooperative agreements for payments
in lieu of taxes in an amount that is not more than the amount
authorized under the Native American Housing Assistance and Self-
Determination Act and rules implementing the act.
E. The governing body of any federally recognized Indian tribe,
band or nation may exercise the power to undertake management and
control of the state agency Indian housing authority created for its
benefit by adopting an ordinance or resolution to undertake
management and control. The resolution or ordinance shall provide
that the tribe, band or nation will assume all the assets and all
the liabilities of the state agency Indian housing authority and
agrees to continue to operate the housing program for the benefit of
its members, and will enter into local cooperative agreements with
payments in lieu of taxes as required in paragraph 4 of subsection D
of this section and in accordance with Section 1066 of this title.
F. Upon the filing of a resolution or ordinance as provided for
in subsection E of this section with the office of the Secretary of
State, the Oklahoma Attorney General, and the office of the county
clerk in the county in which any land being transferred is located,
the management and control of the state agency Indian housing
authority created for the tribe, band or nation, together with the
ownership of all housing authority assets and liabilities shall
transfer to the tribe, band or nation, and the state agency Indian
housing authority for that tribe, band or nation shall cease to
exist. No further action on the state’s part is necessary to
transfer title of all state agency Indian housing authority real
Oklahoma Statutes - Title 63. Public Health and Safety Page 1314
property to the tribe, band or nation. The filing of a copy of this
statute, a certified copy of the required resolution or ordinance
and the legal description of the land(s) shall transfer title. The
land so transferred, until transferred to the ownership of
individual tribal members, is declared to be used for charitable
purposes and to be public property used for essential public and
governmental purposes. The property shall be exempt from ad valorem
taxes, as long as the tribe, band or nation continues to make the in
lieu of tax payments as required in this section.
Added by Laws 1965, c. 251, § 7, emerg. eff. June 18, 1965. Amended
by Laws 2010, c. 172, § 1, emerg. eff. April 26, 2010.
§63-1058. Appointment, qualifications, tenure and meetings of
authority commissioners.
A. When a housing authority is authorized to transact business
and exercise powers hereunder, five (5) persons shall be appointed
as commissioners of the authority as follows:
1. In the case of a city, by the mayor with the advice and
consent of the governing body; or
2. In the case of a county, by the board of county
commissioners, and at least one of the persons so appointed shall be
a tenant in a housing project under the jurisdiction of such
authority. The term of office of each commissioner shall be for
three (3) years, except that of the commissioners first appointed
one shall serve for a term of one (1) year and two shall serve for
terms of two (2) years. All vacancies shall be filled for the
unexpired term. Each commissioner shall qualify by taking the
official oath of office prescribed by statute or ordinance for
elected officials of the county or city, as the case may be.
B. A commissioner shall receive no compensation for his
services, but may be entitled to the necessary expenses, including
traveling expenses, incurred in the discharge of his duties or,
except as otherwise provided in this subsection, receive a per diem
payment of not to exceed Thirty-five Dollars ($35.00) plus mileage
as provided by the State Travel Reimbursement Act, Section 500.1 et
seq. of Title 74, for expenses incurred in attending meetings of the
housing authority. An Indian housing authority or the tribal
government the authority serves may elect to set a different
monetary amount for per diem and mileage payments than specified in
this subsection for the commissioners of that Indian housing
authority. Each commissioner shall hold office until his successor
has been appointed and qualified. A certificate of appointment or
reappointment of any commissioner shall be filed with the authority
and this certificate shall be conclusive evidence of the due and
proper appointment of the commissioner.
C. The powers of each authority shall be vested in the
commissioners thereof in office from time to time. A majority of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1315
the commissioners of an authority shall constitute a quorum for the
purpose of conducting its business and exercising its powers and for
all other purposes, notwithstanding the existence of any vacancies.
Action may be taken by the authority upon a vote of a majority of
the commissioners present, unless in any case the bylaws of the
authority shall require a larger number. Meetings of the
commissioners of an authority may be held anywhere within the area
of operation of the authority or within any additional area in which
the authority is authorized to undertake a project. Such meetings
shall be held pursuant to the provisions of the Open Meeting Act,
Section 301 et seq. of Title 25 of the Oklahoma Statutes.
D. The commissioners of an authority shall elect a chairman and
vice chairman from among the commissioners. An authority may employ
an executive director, legal and technical experts and such other
officers, agents and employees, permanent and temporary, as it may
require, and shall determine their qualifications, duties and
compensation. An authority may delegate to one or more of its
agents or employees such powers or duties as it may deem proper.
Added by Laws 1965, c. 251, § 8, emerg. eff. June 18, 1965. Amended
by Laws 1967, c. 339, § 3; Laws 1974, c. 97, § 1; Laws 1977, c. 254,
§ 1; Laws 1982, c. 305, § 1, emerg. eff. May 28, 1982; Laws 1987, c.
34, § 1, eff. Nov. 1, 1987; Laws 2008, c. 62, § 2, emerg. eff. April
21, 2008.
§63-1059. Interest of commissioners, officers, or employees.
A. During his tenure and for one (1) year thereafter, no
commissioner, officer, or employee of the local housing authority
shall voluntarily acquire any interest, direct or indirect, in any
project or in any property included or planned to be included in any
project, or in any contract or proposed contract relating to any
housing project. If any such commissioner, officer, or employee
involuntarily acquired any such interest, or voluntarily or
involuntarily acquired any such interest prior to appointment or
employment as commissioner, officer, or employee, the commissioner,
officer, or employee, in any such event, shall immediately disclose
his interest in writing to the authority, and such disclosure shall
be entered upon the minutes of the authority, and the commissioner,
officer, or employee shall not participate in any action by the
authority relating to the property or contract in which he has any
such interest. Any violation of the foregoing provisions of this
section shall constitute misconduct in office. This section shall
not be applicable to the acquisition of any interest in notes or
bonds of an authority issued in connection with any housing project,
or to the execution of agreements by banking institutions for the
deposit or handling of funds in connection with a project or to act
as trustee under any trust indenture, or to utility services the
rates for which are fixed or controlled by a governmental agency.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1316
B. Nothing in this section shall be construed to apply to the
housing authority commissioner who is a tenant.
Amended by Laws 1988, c. 233, § 4, operative July 1, 1988.
§63-1060. Removal of commissioners.
For inefficiency, neglect of duty or misconduct in office, or
allowing any portion of any project to become dilapidated,
unsanitary or unkept, a commissioner of an authority may be removed
by the governing body, or, in the case of an authority for a county,
by the board of county commissioners, but a commissioner shall be
removed only after a hearing and after he shall have been given a
copy of the charges at least ten (10) days prior to the hearing and
had an opportunity to be heard in person or by counsel. In the
event of the removal of any commissioner, a record of the
proceedings, together with the charges and findings thereon, shall
be filed in the office of the clerk.
Laws 1965, c. 251, § 10, emerg. eff. June 18, 1965.
§63-1061. Power of authority.
Every authority shall have all powers necessary or convenient to
carry out and effectuate the purposes and provisions of this act,
including the following powers in addition to others herein
specifically granted:
(a) To sue and to be sued; to have a seal and to alter the same
at pleasure; to have perpetual succession; to make and execute
contracts and other instruments necessary or convenient to the
exercise of the powers of the authority; and to make and from time
to time amend and repeal bylaws, rules and regulations.
(b) Within its area of operation: to prepare, carry out and
operate projects and to provide for the acquisition, construction,
reconstruction, improvement, extension, alteration or repair of any
project or any part thereof. Provided, however, that a public
hearing to consider a proposed project requiring construction,
purchasing, leasing or renting of more than twenty new housing units
shall be held together by the authority and governing body, and any
such project must be found to be in the public interest by a
majority of the members constituting said authority and a majority
of the members constituting said governing body as a condition
precedent to the implementation of any such project. Notice of the
public hearing required by this provision shall be given by
publication in a newspaper of general circulation within the
jurisdiction of the authority at least ten (10) days and not more
than thirty (30) days prior to said hearing; provided that an
additional public hearing shall be held by the authority before the
same shall select any location for any contiguous or noncontiguous
area of land on which the authority proposes to construct more than
twenty additional new housing units, and such hearing shall have as
Oklahoma Statutes - Title 63. Public Health and Safety Page 1317
its subject the location of the proposed additional units. Notice
of the public hearing required by this provision shall be given in a
newspaper of general circulation within the jurisdiction of the
authority at least ten (10) days and not more than thirty (30) days
prior to said hearing and three members of the Commission must
concur in the selection of any such location, except that the
aforesaid proviso concerning an additional public hearing shall not
apply to a location in an approved urban renewal project area.
(c) To undertake and carry out studies and analyses of housing
needs within its area of operation and ways of meeting such needs,
including data with respect to population and family groups and the
distribution thereof according to income groups, the amount and
quality of available housing and its distribution according to
rental and sale prices, employment, wages and other factors
affecting the local housing needs and the meeting thereof, and to
make the results of such studies and analyses available to the
public and the building, housing and supply industries; and to
engage in research and disseminate information on housing and slum
clearance.
(d) To utilize, contract with, act through, assist and cooperate
or deal with any person, agency, institution or organization, public
or private, for the provision of services, privileges, works or
facilities for or in connection with its projects; and,
notwithstanding anything to the contrary contained in this act or in
any other provision of law, to agree to any conditions attached to
federal financial assistance relating to the determination of
prevailing salaries or wages or payment of not less than prevailing
salaries or wages or compliance with labor standards, in the
development or administration of projects, and to include in any
contract awarded or entered into in connection with a project
stipulations requiring that the contractor and all subcontractors
comply with requirements as to minimum salaries or wages and maximum
hours of labor, and comply with any conditions attached to the
financial aid of the project. Construction, restitution,
improvement, extension, alteration or major repair of any project or
any part thereof shall be open to competitive bidding: provided,
however, nothing in this section shall prevent a local housing
authority from requesting proposals from property owners and/or
developers to provide certain kinds of housing to the housing
authority either presently existing or to be developed; provided,
that the local authority establish safeguards relating to laws and
regulations of the United States wherein the same has entered into
contracts with the authority to provide financial assistance in
acquiring the same; provided, further, that no authority shall
discriminate in its seeking, or in the award, of any contract for
services, acquisition of real or personal property, construction of
buildings, dwelling units, streets, utilities, site grading,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1318
landscaping and repairs to any of its holdings or upon property that
the authority plans to acquire, to include renovations, solely based
on the race, sex, color, religious beliefs or national origin of a
person or firm; except an Indian authority may give preference in
its awarding of a contract in all forms so long as the services to
be performed, or the construction of buildings, dwellings, site
improvements, repairs or renovation is to be performed or carried
out on a federally recognized tribal reservation or former
reservations and only then upon land held in trust by, or owned by,
the respective Indian tribe; and provided, further, that all
previously listed restrictions and regulations concerning public
hearings and locations of said projects are complied with in their
entirety.
(e) To lease, rent, sell or lease with option to purchase any
dwelling, accommodations, lands, buildings, structures or facilities
embraced in any project and, subject to the limitations contained in
this act with respect to the rental of or charges for dwellings in
housing projects, to establish and revise the rents or charges
therefor; to own, hold and improve real or personal property; to
purchase, lease, obtain options upon, acquire by gift, grant,
bequest, devise or otherwise any real or personal property or any
interest therein; to acquire by the exercise of the power of eminent
domain any real property or interest therein; to sell, lease,
exchange, transfer, assign, pledge or dispose of any real or
personal property or any interest therein, provided, however, that
before any such personal property shall be sold it shall be
advertised for sale in a newspaper of general circulation within the
jurisdiction of the authority, and such advertisement shall state
the time and place where written bids shall be received, or public
auction shall be held, that such property shall be sold to the
highest bidder, and that the authority may, within its discretion,
reject all bids and readvertise such property for sale in the event
any property, real or personal, acquired by the authority, by
eminent domain or otherwise, is later found to be in excess of its
needs, or unsuitable or unuseable for any reason, such property
shall, before being sold, leased, exchanged, transferred, assigned,
pledged or disposed of in any other manner, be first offered to
those persons, individuals, groups, organizations, corporations,
municipalities or their successors from whom it was first procured
by the authority, at the same price as paid by the authority at the
time of acquiring same, and except that lands acquired by the
authority may be sold to other governmental agencies for public
purposes, as long as such parcel of land does not exceed one percent
(1%) of the total land held by the authority and the sale is made
within ninety (90) days of the effective date of this act; to make
loans for the provisions of housing for occupancy by persons of low
income; to insure or provide for the insurance of any real or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1319
personal property or operations of the authority against any risks
or hazards; to procure or agree to the procurement of government
insurance or guarantees of the payment of any bonds or parts thereof
issued by the authority, including the power to pay premiums on any
such insurance; provided, however, that notwithstanding any
provisions in this law, the authority may develop programs for the
sale of individual homes and/or two-family units to low income
families or to families who have at one time qualified as low income
families under this act, under terms which the housing authority may
establish under conditions acceptable to bondholders, other lenders
and the federal government.
(f) To invest any funds held in reserves or sinking funds or any
funds not required for immediate disbursement in property or
securities in which public funds in the custody of a county
treasurer or the Treasurer of the State of Oklahoma may be legally
invested; to redeem its bonds at the redemption price established
therein or to purchase its bonds at less than such redemption price,
all bonds so redeemed or purchased to be cancelled.
(g) Within its area of operation: to determine where slum areas
exist or where there is unsafe, unsanitary or overcrowded housing;
to make studies and recommendations relating to the problem of
clearing, replanning and reconstruction of slum areas and the
problem of eliminating unsafe, unsanitary or overcrowded housing and
providing dwelling accommodations for persons of low income; and to
cooperate with the state or any state public body in action taken in
connection with such problems. Provided, however, the authority
shall not have the power to relocate any persons to other areas
until housing has been provided for such persons under this act.
(h) Acting through one or more commissioners or other persons
designated by the authority: to conduct examinations and
investigations and to hear testimony and take proof under oath at
public hearings on any matter material for its information; to
administer oaths, issue subpoenas requiring the attendance of
witnesses or the production of books and papers and to issue
commissions for the examination of witnesses who are outside of the
state or unable to attend before the authority, or excused from
attendance; to make available to appropriate agencies, including
those charged with the duty of abating or requiring the correction
of nuisances or like conditions or of demolishing unsafe or
unsanitary structures within its area of operation, its findings and
recommendations with regard to any building or property where
conditions exist which are dangerous to the public health, morals,
safety or welfare.
(i) To exercise all or any part or combination of powers herein
granted.
The powers of an authority shall not include: (1) the power to
appropriate funds of a city or county; (2) the power to levy taxes
Oklahoma Statutes - Title 63. Public Health and Safety Page 1320
and assessments; (3) the power to zone or rezone; or (4) the power
to make exceptions to zoning ordinances or building regulations of a
city or county.
No provision by law with respect to the acquisition, operation
or disposition of property by other public bodies shall be
applicable to an authority unless the Legislature shall specifically
so state.
Amended by Laws 1982, c. 305, § 2, emerg. eff. May 28, 1982.
§63-1062. Operation of housing not for profit.
It is hereby declared to be the policy of this state to
accomplish the charitable and public purposes of this act that each
authority shall manage and operate its housing projects in an
efficient manner so as to enable it to fix the rentals or payments
for dwelling accommodations at low rates consistent with its
providing decent, safe and sanitary dwelling accommodations for
persons of low income and that no authority shall construct or
operate any housing project for profit, or as a source of revenue to
the city or county. To this end an authority shall fix the rentals
or payments for dwellings in its projects at no higher rates than it
shall find to be necessary in order to produce revenues which,
together with all other available monies, revenues, income and
receipts of the authority from whatever sources derived, including
Federal financial assistance necessary to maintain the low-rent
character of the project, will be sufficient:
(a) to pay, as the same become due, the principal and interest
on the bonds of the authority;
(b) to create and maintain such reserves as may be required to
assure the payment of principal and interest as it becomes due on
its bonds;
(c) to meet the cost of, and to provide for, maintaining and
operating the projects, including necessary reserves therefor and
the cost of any insurance, and the administrative expenses of the
authority; and
(d) to make such payments in lieu of taxes and, after payment in
full of all obligations for which federal annual contributions are
pledged, to make such repayments of federal and local contributions
as it determines are consistent with the maintenance of the low-rent
character of projects.
Rentals or payments for dwellings shall be established and the
projects administered, insofar as possible, so as to assure that any
federal financial assistance required shall be strictly limited to
amounts and periods necessary to maintain the low-rent character of
the projects. Nothing herein shall be construed to limit the amount
an authority may charge for nondwelling facilities. All such
income, together with other income and revenue, shall be used in the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1321
operation of the projects to aid in accomplishing the charitable and
public purposes of this act.
Laws 1965, c. 251, § 12, emerg. eff. June 18, 1965.
§63-1063. Tenant eligibility.
An authority shall issue regulations establishing eligibility
requirements, consistent with the purposes and objectives of this
act, for admission to and continued occupancy in its projects.
Nothing contained in this or the preceding section shall be
construed as limiting the power of an authority with respect to a
housing project, to vest in an obligee the right, in the event of a
default by the authority, to take possession or cause the
appointment of a receiver thereof, free from all of the restrictions
imposed by this or the preceding section.
Laws 1965, c. 251, § 13, emerg. eff. June 18, 1965.
§63-1064. Cooperation between authorities.
Any two or more authorities may join or cooperate with one
another in the exercise, either jointly or otherwise, of any or all
of their powers for the purpose of financing, including the issuance
of bonds, notes or other obligations and giving security therefor,
planning, undertaking, owning, constructing, operating or
contracting with respect to a housing project or projects located
within the area of operation of any one or more of said housing
authorities. For such purpose a housing authority may by resolution
prescribe and authorize any other housing authority or authorities,
so joining or cooperating with it, to act on its behalf with respect
to any or all powers, as its agent or otherwise, in the name of the
housing authority or authorities so joining or cooperating, or in
its own name.
Laws 1965, c. 251, § 14, emerg. eff. June 18, 1965.
§63-1065. Dwellings for disaster victims and defense workers.
Notwithstanding the provisions of this or any other act relating
to rentals of, preferences or eligibility for admission to, or
occupancy of dwellings in housing projects, during a time of war as
declared by Congress an authority determines that there is an acute
need for housing to assure the availability of dwellings for persons
engaged in national defense activities or for victims of a major
disaster at any time the same may occur, the authority may undertake
the development and administration of housing projects for the
federal government, and dwellings in any housing project under the
jurisdiction of the authority may be made available to persons
engaged in national defense activities or to victims of a Major
disaster, as the case may be. An authority is authorized to
contract with the federal government or the state or a state public
body for advance payment or reimbursement for the furnishing of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1322
housing to victims of a major disaster, including the furnishing of
the housing free of charge to needy disaster victims during any
period covered by a determination of acute need by the authority as
herein provided.
Laws 1965, c. 251, § 15; Laws 1967, c. 339, § 6.
§63-1066. Tax exemption and payments in lieu of taxes.
The property and funds of a housing authority are declared to be
used for charitable purposes and to be public property used for
essential public and governmental purposes, and such property and
the authority are exempt from all taxes, including sales and use
taxes and special assessments of the state or any state or local
public body. In lieu of taxes on its property an authority shall
agree to make such payments to the state or any state or local
public body as the governing body of the city or county finds
consistent with the maintenance of the low-rent character of housing
projects and the achievement of the purposes of this act, provided
that not less than one-half (1/2) of the annual amount of such
payment in lieu of taxes shall be paid to the school district within
which the property of the housing authority is located. The amount
of money collected under the provisions of this act shall not be
considered as chargeable income to the district receiving such
funds. The tax exemption provided by this section does not apply to
any portion of a project used by a profit-making enterprise, but in
taxing such portions appropriate allowance shall be made for any
expenditure by an authority for utilities or other public services
which it provides to serve the property.
Laws 1965, c. 251, § 16; Laws 1969, c. 341, § 1, emerg. eff. May 8,
1969.
§63-1067. Planning, zoning and building laws.
All projects of an authority shall be subject to the planning,
zoning, sanitary and building laws, ordinances and regulations
applicable to the locality in which the project is situated.
Laws 1965, c. 251, § 17, emerg. eff. June 18, 1965.
§63-1068. Bonds.
An authority shall have power to issue bonds from time to time,
in its discretion, for any of its corporate purposes. It shall also
have power to issue refunding bonds for the purpose of paying or
retiring bonds previously issued by it. An authority may issue such
types of bonds as it may determine, including, without limiting the
generality of the foregoing, bonds on which the principal and
interest are payable:
(a) exclusively from the income and revenues of the project
financed with the proceeds of such bonds;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1323
(b) exclusively from the income and revenues of certain
designated projects whether or not they are financed in whole or in
part with the proceeds of such bonds; or
(c) from its revenues generally.
Any such bonds may be additionally secured by a pledge of any loan,
grant, or contributions, or parts thereof, from the federal
government or other source, or a pledge of any income or revenues of
the authority.
Neither the members of an authority nor any person executing the
bonds shall be liable personally on the bonds by reason of the
issuance thereof. The bonds and other obligations of an authority,
and such bonds and obligations shall so state on their face, shall
not be a debt of the city or county, or of the state or any
political subdivision thereof, and neither the city or county nor
the state or any political subdivision thereof shall be liable
thereon, and in no event shall such bonds or obligations be payable
out of any funds or properties other than those of the authority.
The bonds shall not constitute an indebtedness within the meaning of
any constitutional or statutory debt limitation or restriction.
Bonds of an authority are declared to be issued for an essential
public and governmental purpose and to be public instrumentalities
and, together with interest thereon and income therefrom, shall be
exempt from taxes. The provisions of this act exempting from
taxation the properties of an authority and its bonds and interest
thereon and income therefrom shall be considered part of the
contract for the security of the bonds and shall have the force of
contract, by virtue of this act and without the necessity of the
same being restated in said bonds, between the bondholders and each
and every one thereof, including all transferees of said bonds from
time to time on the one hand and an authority and the state on the
other.
Laws 1965, c. 251, § 18, emerg. eff. June 18, 1965.
§63-1069. Form and sale of bonds.
Bonds of an authority shall be authorized by its resolution and
may be issued in one or more series and shall bear such date or
dates, mature at such time or times, bear interest at such rate or
rates, not exceeding six percent (6%) per annum, be in such
denomination or denominations, be in such form either coupon or
registered, carry such conversion or registration privileges, have
such rank or priority, be executed in such manner, be payable in
such medium of payment, at such place or places, and be subject to
such terms of redemption, with or without premium, as such
resolution or its trust indenture may provide.
The bonds must be sold at public sale at not less than par.
Bonds of the authority shall not be purchased by members of the
authority or its employees or members of their immediate families.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1324
In case any of the members or officers of an authority whose
signatures appear on any bonds or coupons shall cease to be such
members or officers before the delivery of such bonds, such
signatures shall, nevertheless, be valid and sufficient for all
purposes, the same as if such members or officers had remained in
office until such delivery. Any provision of any law to the
contrary notwithstanding, any bonds issued pursuant to this act
shall be fully negotiable.
In any suit, action or proceeding involving the validity or
enforceability of any bond of an authority or the security therefor,
any such bond reciting in substance that it has been issued by the
authority to aid in financing a project, as herein defined, shall be
conclusively deemed to have been issued for such purposes and such
project shall be conclusively deemed to have been planned, located
and carried out in accordance with the purposes and provisions of
this act.
Laws 1965, c. 251, § 19; Laws 1968, c. 254, § 1; Laws 1969, c. 341,
§ 2, emerg. eff. May 8, 1969.
§63-1070. Provisions of bonds and trust indentures.
In connection with the issuance of bonds or the incurring of
obligations under leases and in order to secure the payment of such
bonds or obligations, an authority, in addition to its other powers,
shall have power:
(a) to pledge all or any part of its gross or net rents, fees or
revenues to which its right then exists or may thereafter come into
existence.
(b) to covenant against pledging all or any part of its rents,
fees and revenues, or against permitting or suffering any lien on
such revenues or property; to covenant with respect to limitations
on its right to sell, lease or otherwise dispose of any housing
project or any part thereof; and to covenant as to what other or
additional debts or obligations may be incurred by it.
(c) to covenant as to the bonds to be issued and as to the
issuance of such bonds in escrow or otherwise, and as to the use and
disposition of the proceeds thereof; to provide for the replacement
of lost, destroyed, or mutilated bonds; to covenant against
extending the time for the payment of its bonds or interest thereon;
and to covenant for the redemption of the bonds and to provide the
terms and conditions thereof.
(d) to covenant, subject to the limitations contained in this
act, as to the rents and fees to be charged in the operation of a
housing project or projects, the amount to be raised each year or
other period of time by rents, fees, and other revenues, and as to
the use and disposition to be made thereof; to create or to
authorize the creation of special funds for monies held for
construction or operating costs, debt service, reserves, or other
Oklahoma Statutes - Title 63. Public Health and Safety Page 1325
purposes, and to covenant as to the use and disposition of the
monies held in such funds.
(e) to prescribe the procedure, if any, by which the terms of
any contract with bondholders may be amended or abrogated, the
proportion of outstanding bonds the holders of which must consent to
such action, and the manner in which such consent may be given.
(f) to covenant as to the use, maintenance, and replacement of
any or all of its real or personal property, the insurance to be
carried thereon and the use and disposition of insurance monies.
(g) to covenant as to the rights, liabilities, powers and duties
arising upon the breach by it of any covenant, condition, or
obligations; and to covenant and prescribe as to events of default
and terms and conditions upon which any or all of its bonds or
obligations shall become or may be declared due before maturity, and
as to the terms and conditions upon which such declaration and its
consequences may be waived.
(h) to vest in any obligee of the authority or any specified
proportion of them the right to enforce the payment of the bonds or
any covenants securing or relating to the bonds; to vest in such
obligees the right, in the event of a default by said authority, to
take possession of and use, operate and manage any project or any
part thereof or any funds connected therewith, and to collect the
rents and revenues arising therefrom and to dispose of such monies
in accordance with the agreement of the authority with such
obligees; to provide for the powers and duties of such obligees and
to limit the liabilities thereof; and to provide the terms and
conditions upon which such obligees may enforce any covenant or
rights securing or relating to the bonds.
(i) to exercise all or any part or combination of the powers
herein granted; to make such covenants, other than and in addition
to the covenants herein expressly authorized, and to do any and all
such acts and things as may be necessary or convenient or desirable
in order to secure its bonds, or, in the absolute discretion of said
authority, as will tend to make the bonds more marketable
notwithstanding that such covenants, acts or things may not be
enumerated herein.
Laws 1965, c. 251, § 20, emerg. eff. June 18, 1965.
§63-1071. Housing bonds, legal investments and security.
The state and all public officers, private citizens, municipal
corporations, political subdivisions, and public bodies, all banks,
bankers, trust companies, savings banks and institutions, building
and loan associations and savings and loan associations, investment
companies, insurance companies, insurance associations and other
persons carrying on a banking or insurance business, and all
executors, administrators, guardians, trustees and other fiduciaries
may legally invest any monies or funds belonging to them or within
Oklahoma Statutes - Title 63. Public Health and Safety Page 1326
their control in any bonds or other obligations issued by a housing
authority created by the Housing Authorities Law of this state or
issued by any public housing authority or agency in the United
States, any of its territories, the District of Columbia, Puerto
Rico, Guam, or the Virgin Islands, when such bonds or other
obligations are secured by a pledge of annual contributions or other
financial assistance to be paid by the United States Government or
any agency thereof, or when such bonds or other obligations are
secured by an agreement between the United States Government or any
agency thereof and the public housing authority or agency in which
the United States Government or any agency thereof agrees to lend to
the public housing authority or agency, prior to the maturity of the
bonds or other obligations, monies in an amount which (together with
any other monies irrevocably committed to the payment of interest on
the bonds or other obligations) will suffice to pay the principal of
the bonds or other obligations with interest to maturity, which
monies under the terms of the agreement are required to be used for
this purpose, and such bonds and other obligations shall be
authorized security for all public deposits and shall be fully
negotiable in this state; it being the purpose of this section to
authorize any of the foregoing to use any funds owned or controlled
by them, including (but not limited to) sinking, insurance,
investment, retirement, compensation, pension and trust funds, and
funds held on deposit, for the purchase of any such bonds or other
obligations: Provided, however, that nothing contained in this
section shall be construed as relieving any person, firm or
corporation from any duty of exercising reasonable care in selecting
securities. The provisions of this section shall apply
notwithstanding any restrictions on investments contained in other
laws.
Laws 1965, c. 251, § 21, emerg. eff. June 18, 1965.
§63-1072. Construction of bond provisions.
This act without reference to other statutes of the state shall
constitute full authority for the authorization and issuance of
bonds hereunder. No other law with regard to the authorization or
issuance of obligations or the deposit of the proceeds thereof that
requires a bond election or in any way impedes or restricts the
carrying out of the acts herein authorized to be done shall be
construed as applying to any proceedings taken hereunder or acts
done pursuant hereto.
Added by Laws 1965, c. 251, § 22, emerg. eff. June 18, 1965.
§63-1073. Remedies of an obligee.
An obligee of an authority shall have the right, in addition to
all other rights which may be conferred on such obligee, subject
only to any contractual restrictions binding upon such obligee:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1327
(a) by mandamus, suit, action or proceeding at law or in equity,
to compel an authority and the commissioners, officers, agents or
employees thereof to perform each and every term, provision and
covenant contained in any contract of the authority with or for the
benefit of such obligee, and to require the carrying out of any or
all such covenants and agreements of the authority and the
fulfillment of all duties imposed upon it by this act.
(b) by suit, action or proceeding in equity, to enjoin any acts
or things which may be unlawful, or the violation of any of the
rights of an obligee of the authority.
Laws 1965, c. 251, § 23, emerg. eff. June 18, 1965.
§63-1074. Additional remedies conferrable by the authority.
An authority shall have power, by its resolution, trust
indenture, lease or other contract, to confer upon any obligee the
right, in addition to all rights that may otherwise be conferred,
upon the happening of an event of default as defined in such
resolution or instrument, by suit, action or proceeding in any court
of competent jurisdiction:
(a) to cause possession of any project or any part thereof to be
surrendered to any such obligee.
(b) to obtain the appointment of a receiver of any project of
the authority or any part thereof and of the rents and profits
therefrom. if such receiver be appointed, he may enter and take
possession of such project or any part thereof and operate and
maintain same, and collect and receive all fees, rents, revenues, or
other charges thereafter arising therefrom, and shall keep such
monies in a separate account or accounts and apply the same in
accordance with the obligations of the authority as the court shall
direct.
(c) to require the authority and the commissioners, officers,
agents and employees thereof to account as if it and they were the
trustees of an express trust.
Laws 1965, c. 251, § 24, emerg. eff. June 18, 1965.
§63-1075. Exemption of property from execution sale.
All property, including funds acquired or held by an authority
pursuant to this act, shall be exempt from levy and sale by virtue
of an execution, and no execution or other judicial process shall
issue against the same nor shall any judgment against the authority
be a charge or lien upon such property; provided, however, that the
provisions of this section shall not apply to or limit the right of
obligees to pursue any remedies for the enforcement of any pledge or
lien given by the authority on its rents, fees, or revenues, or the
right of the federal government to pursue any remedies conferred
upon it pursuant to the provisions of this act. An authority may
waive its exemption hereunder with respect to claims against any
Oklahoma Statutes - Title 63. Public Health and Safety Page 1328
profit-making enterprise occupying any portion of a project provided
that such waiver does not affect or impair the rights of any obligee
of the authority.
Laws 1965, c. 251, § 25, emerg. eff. June 18, 1965.
§63-1076. Aid from federal government.
In addition to the powers conferred upon an authority by other
provisions of this act, an authority is empowered to borrow money or
accept contributions, grants, or other financial assistance from the
federal government for or in aid of any project or related
activities concerning health, environmental and similar problems of
persons of low income, to take over or lease or manage any project
or undertaking constructed or owned by the federal government and,
to these ends, to comply with such conditions and enter into such
contracts, covenants, trust indentures, leases or agreements as may
be necessary, convenient or desirable. It is the purpose and intent
of this act to authorize any authority to do any and all things
necessary or desirable to secure the financial aid or cooperation of
the federal government in the provision of decent, safe, and
sanitary dwellings and maintaining a wholesome living environment
for persons of low income by the authority. To accomplish this
purpose an authority, notwithstanding the provisions of any other
law, may include in any contract for financial assistance with the
federal government any provisions which the federal government may
require as conditions to its financial aid not inconsistent with the
purposes of this act.
Laws 1965, c. 251, § 26, emerg. eff. June 18, 1965.
§63-1077. Transfer of possession or title to federal government.
In any contract with the federal government for annual
contributions to any authority the authority may obligate itself,
which obligation shall be specifically enforceable and shall not
constitute a mortgage, notwithstanding any other laws, to convey to
the federal government possession of or title to the project to
which such contract relates, upon the occurrence of a substantial
default, as defined in such contract, with respect to the covenants
and conditions to which the authority is subject; such contract may
further provide that in case of such conveyance, the federal
government may complete, operate, manage, lease, convey, or
otherwise deal with the project and funds in accordance with the
terms of such contract; provided, that the contract requires that,
as soon as practicable after the federal government is satisfied
that all defaults with respect to the project have been cured and
that the project will thereafter be operated in accordance with the
terms of the contract, the federal government shall reconvey to the
authority the project as then constituted.
Laws 1965, c. 251, § 27, emerg. eff. June 18, 1965.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1329
§63-1078. Eminent domain.
An authority shall have the right to acquire by the exercise of
the power of eminent domain any real property or interest therein
which it may deem necessary for its purposes under this act after
the adoption by it of a resolution declaring that the acquisition of
the real property described therein is necessary for such purposes.
An authority may exercise the power of eminent domain in the same
manner and by like proceedings as provided for railroad corporations
under the laws of this state.
Property already devoted to a public use may be acquired in like
manner, provided that no real property belonging to any city,
county, or any other political subdivision of the state may be
acquired without its consent.
In the event any housing authority in exercising any of the
powers conferred by this act makes necessary the relocation,
raising, rerouting or changing the grade of or altering the
construction of any railroad, common carrier, public utility
property or facility, all such relocation, raising, rerouting,
changing of grade or alteration of construction shall be
accomplished at the expense of the housing authority, provided that
the housing authority shall not disturb the possession or operation
of any railroad, common carrier, or public utility in or to the
appropriated property or facility until the relocated property or
facilities are available for use and until marketable title thereto
has been transferred to the railroad, common carrier or public
utility.
Laws 1965, c. 251, § 28, emerg. eff. June 18, 1965.
§63-1079. Reports and audits.
At least once a year an authority shall file with the clerk of
the governing body of the jurisdiction within which the authority
operates a complete financial and operating report of the preceding
fiscal year which shall be and remain a public record. When
required by federal law, an authority shall file an audit of all
financial and other transactions for the previous fiscal year and
shall file such audit with the clerk as a public record and make
recommendations with reference to such additional legislation or
other action as it deems necessary in order to carry out the
purposes of this act.
Added by Laws 1965, c. 251, § 29, emerg. eff. June 18, 1965.
Amended by Laws 2003, c. 79, § 1, eff. July 1, 2003.
§63-1080. Cooperation in undertaking projects.
For the purpose of aiding and cooperating in the planning,
undertaking, construction, or operation of projects located within
Oklahoma Statutes - Title 63. Public Health and Safety Page 1330
its jurisdiction, any state or local public body may, upon such
terms, with or without consideration, as it may determine:
(a) dedicate, sell, convey, or lease any of its interest in any
property, or grant easements, licenses, or any other rights or
privileges therein to a housing authority, or to the federal
government;
(b) cause parks, playgrounds, recreational, community,
educational, water, sewer or drainage facilities, or any other works
which it is otherwise empowered to undertake, to be furnished
adjacent to or in connection with such projects;
(c) furnish, dedicate, close, pave, install, grade, regrade,
plan or replan streets, roads, roadways, alleys, sidewalks, or other
places which it is otherwise empowered to undertake;
(d) plan or replan, zone or rezone any parts of such state or
local public body; make exceptions from building regulations and
ordinances; make changes in its map;
(e) cause services to be furnished to a housing authority of the
character which such state or local public body is otherwise
empowered to furnish;
(f) enter into agreements with respect to the exercise by such
state or local public body of its powers relating to the repair,
improvement, condemnation, closing or demolition of unsafe,
unsanitary, or unfit buildings;
(g) do any and all things necessary or convenient to aid and
cooperate in the planning, undertaking, construction or operation of
such projects;
(h) incur the entire expense of any public improvements made by
such state or local public body in exercising the powers granted in
this act; and
(i) enter into agreements with a housing authority respecting
action to be taken by such state or local public body pursuant to
any of the powers granted by this act.
If at any time title to or possession of any project is held by any
public body or governmental agency authorized by law to engage in
the development or administration of low-rent housing or slum
clearance projects, including any agency or instrumentality of the
United States of America, the provisions of such agreements shall
inure to the benefit of and may be enforced by such public body or
governmental agency. Except as heretofore provided in Section 11,
subsection (e), for resale to prior owners, any sale, conveyance,
lease or agreement provided for in this section shall be made by a
state or local public body with appraisal, public notice,
advertisement and public bidding.
Laws 1965, c. 251, § 30, emerg. eff. June 18, 1965.
§63-1081. Agreements as to payments by housing authority.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1331
In connection with any project of a housing authority located
wholly or partly within the area in which any state or local public
body is authorized to act, any state or local public body shall
agree with the housing authority with respect to the payment by the
authority of such sums in lieu of taxes for any year or period of
years as are determined by the governing body of the city or county
to be consistent with the maintenance of the low-rent character of
housing projects or the achievement of the purposes of this act.
Laws 1965, c. 251, § 31, emerg. eff. June 18, 1965.
§63-1082. Other state and local aid.
In addition to other aids provided herein, the state or any
state or local public body is authorized to make contributions in
the form of donation of land, buildings or personal property for or
in aid of the charitable purpose of housing persons or families of
low income in decent, safe, and sanitary dwellings.
Laws 1965, c. 251, § 32, emerg. eff. June 18, 1965.
§63-1083. Rural electric cooperative housing authority.
There is hereby created, with respect to each rural electric
cooperative in the state, a public body corporate and politic, to
function in the operating area of such rural electric cooperative to
be known as the "housing authority" of said cooperative which shall
be an agency of the State of Oklahoma possessing all powers, rights
and functions provided by law for city and county housing
authorities. No rural electric cooperative housing authority shall
transact any business or exercise any powers unless the governing
board of said cooperative, by proper resolution, declares that there
is a need for an authority to function for said cooperative.
Except as otherwise provided in this act, all the provisions of
law applicable to housing authorities created for cities and
counties and the commissioners of such authorities shall be
applicable to rural electric cooperative housing authorities and the
commissioners thereof unless a different meaning clearly appears
from the context. The chief executive officer of each rural
electric cooperative is authorized to exercise all appointing and
other powers with respect to a rural electric cooperative housing
authority that are vested by law in the mayor of a city relating to
a city housing authority.
Added by Laws 1971, c. 218, § 2, emerg. eff. June 11, 1971.
§63-1083.1. Rural electric cooperative housing authorities -
Exemption from publication of notice, petition and election
procedure.
There is hereby created, with respect to each rural electric
cooperative in the state, a public body corporate and politic, to
function in the operating area of such rural electric cooperative to
Oklahoma Statutes - Title 63. Public Health and Safety Page 1332
be known as the "housing authority" of said cooperative which shall
be an agency of the State of Oklahoma possessing all powers, rights
and functions provided by law for city and county housing
authorities. No rural electric cooperative housing authority shall
transact any business or exercise any powers unless the governing
board of said cooperative, by proper resolution, declares that there
is a need for an authority to function for said cooperative.
Except as otherwise provided in this act, all the provisions of
law applicable to housing authorities created for cities and
counties and the commissioners of such authorities shall be
applicable to rural electric cooperative housing authorities and the
commissioners thereof unless a different meaning clearly appears
from the context. The chief executive officer of each rural
electric cooperative is authorized to exercise all appointing and
other powers with respect to a rural electric cooperative housing
authority that are vested by law in the mayor of a city relating to
a city housing authority. The requirements of Section 1055 of Title
63 of the Oklahoma Statutes as to publication of notice, petition
and election and the provisions of Section 1056 of Title 63 of the
Oklahoma Statutes shall not apply to rural electric cooperative
housing authorities.
Added by Laws 1973, c. 274, § 1, emerg. eff. May 30, 1973.
§63-1084. Industrial housing - Adoption of Federal standards.
Notwithstanding any other provisions of law, or of any municipal
or county ordinance or local building code, the standards for
factory-built housing, housing prototypes, subsystems, materials and
components certified as acceptable by the Federal Department of
Housing and Urban Development are hereby deemed acceptable and
approved for use in housing construction in this state. A
certificate from the State Director of the Federal Housing
Administration of the Department of Housing and Urban Development
shall constitute prima facie evidence that the products or materials
listed therein are acceptable and such certificates shall be
furnished by the building contractor to any local building inspector
or other local housing authority upon request. The provisions of
this act will not preclude on-site inspections by cities and towns
of the service connections for electrical and sanitary facilities.
Added by Laws 1971, c. 254, § 1, emerg. eff. June 16, 1971.
§63-1092.1. Short title.
Sections 3 and 4 of this act and Sections 1093, 1094, 1095,
1097, 1098 and 1099 of Title 63 of the Oklahoma Statutes shall be
known and may be cited as the "Oklahoma Relocation Assistance Act".
Added by Laws 1988, c. 315, § 3, emerg. eff. July 6, 1988.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1333
§63-1092.2. Compliance with Federal Uniform Relocation Act -
Compensation and reimbursement payments.
A. When any department, agency or instrumentality of the state,
or any county, municipality, or other political subdivision of the
state, or any other public or private entity subject to the
provisions of the Federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended, Public Laws
91-646, and 100-17, Title IV, hereinafter referred to as the Federal
Uniform Relocation Act, undertakes any project which results in the
acquisition of real property or in any person being displaced from
the home, business, or farm of such person, such department, agency
or instrumentality of the state, county, municipality or other
political subdivision of the state, or other public or private
entity may provide relocation assistance, and make relocation
payments to such displaced person and do such other acts and follow
such procedures and practices as may be necessary to comply with the
provisions of the Federal Uniform Relocation Act.
B. Any payment made or to be made pursuant to the authority
granted in this section shall be for compensating or reimbursing the
displaced person or owner of real property in accordance with the
requirements of the Federal Uniform Relocation Act and such payment
shall not for any purpose be deemed or considered compensation for
real property acquired or compensation for damages to remaining
property.
Added by Laws 1988, c. 315, § 4, emerg. eff. July 6, 1988.
§63-1093. Responsibility for conduct of assistance programs.
Except as provided in this section, the responsibility for the
conduct of the relocation assistance programs shall be with the
entity authorizing or requiring the relocation. An entity
authorizing or requiring relocation may enter into contracts with
any individual, firm, association or corporation for services in
connection with such programs, or may carry out its functions
pursuant to Section 4 of this act through any federal or state
agency or instrumentality having an established organization for
conducting relocation assistance programs.
Amended by Laws 1988, c. 315, § 5, emerg. eff. July 6, 1988.
§63-1094. Availability of funds.
Funds appropriated or otherwise available to any state agency
for the acquisition of real property or any interest therein for a
particular program or project shall be available also for obligation
and expenditure to carry out the provisions of this act as applied
to that program or project.
Added by Laws 1971, c. 342, § 10, operative July 1, 1971.
§63-1095. Costs to units of local government.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1334
If a unit of local government acquires real property, and
federal-state financial assistance is available to pay the cost, in
whole or in part, of the acquisition of such real property, or of
the improvement for which such property is acquired, the cost to the
unit of local government of providing the payments and services
prescribed by this act shall be included as part of the costs of the
project for which state financial assistance is available to such
unit of local government, and shall be eligible for state financial
assistance in the same manner and to the same extent as other
project costs.
Added by Laws 1971, c. 342, § 11, operative July 1, 1971.
§63-1097. Payments not considered as income or resources.
No payment received by a displaced person under this act shall
be considered as income or resources for the purpose of determining
the eligibility or extent of eligibility of any person for
assistance under any state law or for the purposes of the state's
personal income tax law, corporation tax law or other tax laws. Such
payments shall not be considered as income or resources of any
recipient of public assistance and such payments shall not be
deducted from the amount of aid to which the recipient would
otherwise be entitled.
Added by Laws 1971, c. 342, § 13, operative July 1, 1971.
§63-1098. Act not to create new elements of value or damage.
Nothing in this act shall be construed as creating in any
condemnation proceedings brought under the power of eminent domain
any element of value or of damage not in existence immediately prior
to the date of enactment of this act.
Added by Laws 1971, c. 342, § 14, operative July 1, 1971.
§63-1099. Appeals.
Any person or business concern aggrieved by final administrative
determination, as provided by the Administrative Procedures Act,
concerning eligibility for relocation payments authorized by this
act may appeal such determination to the district court of the
district in which the land taken for public use is located or in
which the project is conducted.
Added by Laws 1971, c. 342, § 15, operative July 1, 1971.
§63-2051. Citation.
This act shall be cited as the Oklahoma Community Social Service
Centers Act.
Laws 1967, c. 211, § 1, emerg. eff. May 1, 1967.
§63-2052. Purpose.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1335
It is the purpose of this act to provide and aid in providing in
Oklahoma communities suitable and adequate space for housing state
departments and other governmental and nongovernmental entities
which provide social and/or health services for individuals or
groups.
Laws 1967, c. 211, § 2, emerg. eff. May 1, 1967.
§63-2053. Community defined.
For purposes of this act, community shall be defined as follows:
community shall be an area comprised of all or parts of one or
more counties or a delineated area within one or more municipalities
or counties as determined by the State Board of Health.
Laws 1967, c. 211, § 3; Laws 1971, c. 104, § 1, emerg. eff. April
27, 1971.
§63-2054. Community Social Service Center Authority - Powers,
rights and privileges.
The State Health Department is hereby designated as the Oklahoma
Community Social Service Center authority and is authorized to
exercise the following powers, rights, and privileges in carrying
out the purposes of this act:
(a) To prepare and publish guidelines, procedures, priorities,
and regulations following consultation with other state departments
and approval by the State Board of Health.
(b) To acquire by purchase, lease, sublease, or gift, any and
all property, real, personal, or mixed, necessary to the exercise of
the powers, rights, privileges, and functions conferred upon it by
this act.
(c) To acquire, build, extend, and improve any and all
facilities which, in the judgment of the Authority, will benefit the
people of the state, or which are necessary to the accomplishment of
the purpose of this act.
(d) To maintain and operate or enter into contracts with
official or nonprofit public bodies to maintain and operate
facilities acquired under the provisions of this act.
(e) To fix and contract concerning annual charges to tenants
occupying space in facilities acquired under the provisions of this
act.
(f) To enter into agreements with any person or entity for the
acquisition of property to accomplish the purposes of this act.
(g) To receive, allocate, or otherwise expend appropriations
made by the Government of the State of Oklahoma to accomplish the
purposes of this act.
(h) To apply for and receive directly, or through public bodies
in which the state has taken a beneficial interest, grants or
allocations from instrumentalities of the Government of the United
States which will assist in accomplishing the purposes of this act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1336
(i) To deposit all funds received by it from Community Social
Service Centers properties in a special account in the Office of the
State Treasurer, which said account in the Office of the State
Treasurer, which said account hereby is authorized and designated
the County Social Service Centers Account. Any funds in said
account shall be disbursed by the State Treasurer at the direction
of the authority for expenditures relative to the establishment,
improvement, maintenance and operation of County Social Service
Centers.
Laws 1967, c. 211, § 4, emerg. eff. May 1, 1967.
§63-2055. Title to property.
Title to all property acquired under the provision of this act
shall vest in the State of Oklahoma.
Laws 1967, c. 211, § 5, emerg. eff. May 1, 1967.
§63-2056. Building of centers on leased land.
Any community social service center may be built on leased land
owned by any other governmental agency subject to the approval of
the Office of Management and Enterprise Services.
Added by Laws 1971, c. 104, § 2, emerg. eff. April 27, 1971.
Amended by Laws 1983, c. 304, § 63, eff. July 1, 1983; Laws 2012, c.
304, § 509.
§63-2057. East Central Oklahoma Health and Social Service Center at
Ada - Transfer of management and operation.
The management and operation of the property used by the East
Central Oklahoma Health and Social Service Center at Ada, Oklahoma,
under the Oklahoma Community Social Service Centers Act, Section
2051 et seq. of this title, shall be transferred from the State
Department of Health and shall be vested in the Office of Public
Affairs, on April 7, 1972, which shall have sole authority to rent
space in all buildings of the facility and to operate and maintain
such buildings. All income derived from the operations of the
property shall be deposited in the Building and Facility Revolving
Fund.
Amended by Laws 1983, c. 304, § 64, eff. July 1, 1983; Laws 1984, c.
279, § 12, operative July 1, 1984.
§63-2058. Transfer of property, records, funds, etc. - Assumption
of obligations.
All property, records, equipment, supplies, funds, including
trust funds and revolving funds, and other assets, owned or
possessed by the State Department of Health for the East Central
Oklahoma Health and Social Service Center at Ada, Oklahoma, are
hereby transferred on April 7, 1972, to the Office of Public
Affairs. All contracts, leases, agreements, and obligations to
Oklahoma Statutes - Title 63. Public Health and Safety Page 1337
which the State Department of Health is a party for or on behalf of
said Health Center shall be assumed by the Director of the Office of
Management and Enterprise Services for the benefit of the East
Central Oklahoma Health and Social Service Center at Ada, Oklahoma.
Added by Laws 1972, c. 134, § 8, emerg. eff. April 7, 1972. Amended
by Laws 1983, c. 304, § 65, eff. July 1, 1983; Laws 2012, c. 304, §
510.
§63-2059. National Guard Advocacy Program.
A. The State Regents for Higher Education, Oklahoma Military
Department, and schools of social work in this state shall develop a
Guard Advocacy Program (GAP) for Oklahoma National Guard soldiers
and airmen. The Program shall include curricula designed to:
1. Facilitate and improve access to community resources that
improve health;
2. Increase social support;
3. Increase productivity; and
4. Prevent life-skills and life-crisis issues from developing
into behavioral health emergencies.
B. The information, records, materials and reports related to
the provision of services authorized under subsection A of this
section shall remain confidential and contain privileged
information. Such records, materials and reports shall not be open
to public inspection nor their contents disclosed.
C. The State Regents for Higher Education, the Adjutant General
and the State Board of Licensed Social Workers shall promulgate
rules to implement the provisions of this act.
Added by Laws 2017, c. 163, § 1, eff. July 1, 2017.
§63-2060. Short title – Oklahoma Certified Healthy Communities Act.
A. This section shall be known and may be cited as the
"Oklahoma Certified Healthy Communities Act".
B. The State Department of Health shall establish and maintain
a program for the voluntary certification of communities that
promote wellness, encourage the adoption of healthy behaviors, and
establish safe and supportive environments.
C. The Department shall develop criteria for certification.
The criteria may include, but shall not be limited to:
1. The development and publication of educational materials
that promote health;
2. The development, implementation, and enforcement of local
social host policies;
3. The implementation of local ordinances that promote the
establishment of sidewalks, walking trails, and bicycle lanes;
4. The development of parks and recreation areas;
5. The establishment of community gardens;
6. Incentives and support for farmers' markets;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1338
7. Incentives and support for community health services, such
as free clinics;
8. Incentives and support for community mental health services;
and
9. Incentives and support for improved housing, including
energy efficiency.
D. The Department shall develop an online scoring system based
on the criteria developed pursuant to subsection C of this section.
The program shall recognize three levels of certification based on
the online scoring system as follows:
1. Basic certification;
2. Merit certification; and
3. Excellence certification.
E. The State Board of Health, giving consideration to the
recommendations of the Advancement of Wellness Advisory Council
created in Section 44 of this act, may promulgate rules as necessary
to implement the provisions of this section.
Added by Laws 2010, c. 217, § 2, eff. Nov. 1, 2010. Amended by Laws
2013, c. 229, § 73, eff. Nov. 1, 2013.
§63-2061. Short title – Oklahoma Certified Healthy Schools Act.
A. This section shall be known and may be cited as the
"Oklahoma Certified Healthy Schools Act".
B. The State Department of Health shall establish and maintain
a program for the voluntary certification of schools that promotes
wellness, encourages the adoption of healthy behaviors, and
establishes safe and supportive environments.
C. The program shall recognize three levels of certification as
follows:
1. Basic certification;
2. Merit certification; and
3. Excellence certification.
D. The Department shall develop criteria for certification,
which, at a minimum, may include the following for each level of
certification:
1. Basic certification: The school shall meet at least two
criteria in each of the components of the Center for Disease Control
and Prevention's Coordinated School Health Program model;
2. Merit certification: The school shall meet at least three
criteria in each of the components of the Center for Disease Control
and Prevention's Coordinated School Health Program model; and
3. Excellence certification: The school shall meet at least
four criteria in each of the components of the Center for Disease
Control and Prevention's Coordinated School Health Program model.
E. Subject to available funding specifically appropriated for
this purpose, the Department may provide a monetary reward to
schools that earn certification as follows:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1339
1. Basic certification: Two Thousand Five Hundred Dollars
($2,500.00);
2. Merit certification: Five Thousand Dollars ($5,000.00); and
3. Excellence certification: Ten Thousand Dollars
($10,000.00).
F. Schools that obtain a reward pursuant to subsection E of
this section shall use the funds for the enhancement of wellness
activities and the promotion of healthy environments. Such
activities may include, but are not limited to:
1. Improving playgrounds;
2. Purchasing sports equipment; and
3. Equipping school kitchens for healthy cooking.
G. The Department shall develop an online application form for
schools seeking to become an Oklahoma Certified Healthy School.
H. The State Board of Health, giving consideration to the
recommendations of the Advancement of Wellness Advisory Council
created in Section 44 of this act, may promulgate rules as necessary
to implement the provisions of this section.
Added by Laws 2010, c. 217, § 3, eff. Nov. 1, 2010. Amended by Laws
2013, c. 229, § 74, eff. Nov. 1, 2013.
§63-2063a. Short title — Oklahoma Community Health Worker Act.
This act shall be known and may be cited as the “Oklahoma
Community Health Worker Act”.
Added by Laws 2025, c. 349, § 1, eff. Nov. 1, 2025.
§63-2063b. Definitions.
As used in the Oklahoma Community Health Worker Act:
1. “Certified community health worker” means a community health
worker to whom the State Department of Health has issued a
certificate to practice as a certified community health worker in
this state;
2. “Community health worker” means a frontline health worker
who has a shared understanding of and is a trusted member of the
community being served; and
3. “Department” means the State Department of Health.
Added by Laws 2025, c. 349, § 2, eff. Nov. 1, 2025.
§63-2063c. Community health workers — Voluntary certification.
A. The State Department of Health shall establish a certificate
for community health workers. This certification shall be
voluntary.
B. A certified community health worker may:
1. Serve as a liaison between health and social services and
the community to facilitate access to services, to improve the
quality of service delivery, and to maximize the efficiency of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1340
service delivery by coordinating available resources and leveraging
partnerships with private, nonprofit, or faith-based organizations;
2. Assist individuals in attaining employment, education,
occupational training, or other means of supporting employment and
promoting self-sufficiency;
3. Assist in identifying and communicating gaps in current
community and health care resources; and
4. Build individual and community capacity by increasing health
knowledge and self-sufficiency through a range of activities such as
outreach, community education, coaching, mentoring, social support,
and advocacy, including efforts within faith-based settings.
C. In carrying out the functions described in paragraph 1 of
subsection B of this section, community health workers shall
emphasize available resources of private, nonprofit, or faith-based
organizations, and shall not rely solely on public assistance
programs for delivery of services.
Added by Laws 2025, c. 349, § 3, eff. Nov. 1, 2025.
§63-2063d. Eligibility.
To be eligible for voluntary community health worker
certification, an individual shall:
1. Be a United States citizen or lawful permanent resident;
2. Be a resident of this state;
3. Be at least eighteen (18) years of age; and
4. Meet the minimum qualifications for certification
promulgated by the State Commissioner of Health under Section 5 of
this act.
Added by Laws 2025, c. 349, § 4, eff. Nov. 1, 2025.
§63-2063e. Promulgation of rules.
The State Commissioner of Health shall promulgate rules
necessary to implement this act including, but not limited to, rules
that:
1. Adopt a set of standards for the approval of certified
community health worker initial coursework or curriculum;
2. Establish examination administration requirements for the
State Department of Health or one or more designees;
3. Define minimum qualifications for applicants to be
certified; provided, however, the applicant shall be exempt from any
educational, training, or examination requirements if the applicant
has provided evidence to the State Department of Health of work
experience as a community health worker demonstrating a minimum of
one thousand (1,000) practical hours and a recommendation from a
supervising provider;
4. Establish the criteria for granting, renewing, denying,
suspending, and revoking a certificate to uphold health standards
and safety;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1341
5. Prescribe fees for the certified community health worker
examination, initial certification, and certification renewal; and
6. Implement oversight procedures to ensure compliance with the
provisions of this act, including a complaint and disciplinary
process for violations.
Added by Laws 2025, c. 349, § 5, eff. Nov. 1, 2025.
§63-2065. School Nurse Pilot Program Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the "School
Nurse Pilot Program Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies designated for and eligible for deposit under law. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the State Department of Health
to facilitate the implementation of a pilot program as described in
subsection B of this section including but not limited to the
distribution of such funds through grants administered by the
Department or in coordination with the Department. Expenditures
from said 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.
B. The State Department of Health shall utilize funds deposited
to the School Nurse Pilot Program Revolving Fund for the purpose of
implementing a pilot program to deliver school nurse services that
address health, mental health, and social services needs of students
and families to promote the ability for students to have the best
opportunity to learn and be successful in their public school
district. Such pilot program shall include the following criteria
and limitations:
1. Encompass a contiguous three-county area with no more than
twenty percent (20%) of the area's school districts having
enrollments greater than three thousand (3,000) weighted average
daily membership as calculated by the State Department of Education
the year of the pilot program's inception; and
2. Have consolidated implementation coordinated by a single
nonprofit provider.
C. The State Department of Health may promulgate rules and
adopt policies and procedures as required to administer the
provisions of this section.
Added by Laws 2023, c. 328, § 2, eff. Nov. 1, 2023.
§63-2071. Declaration - definition.
Family planning services are declared to be essential to the
health and welfare of the citizens of Oklahoma. The term "family
Oklahoma Statutes - Title 63. Public Health and Safety Page 1342
planning" as used herein shall encompass the spacing of children and
infertility or sterility in husbands and/or wives.
Laws 1967, c. 342, § 1, emerg. eff. May 18, 1967.
§63-2072. Establishment and operation of centers.
The State Department of Health is authorized to establish family
planning Centers. These centers may be operated as a part of the
services of a county, district, cooperative or city-county
department of health, or may be operated directly by the State
Department of Health, or by the State Department of Health in
cooperation with nongovernmental agencies or organizations.
Laws 1967, c. 342, § 2, emerg. eff. May 18, 1967.
§63-2073. Educational materials and information - Physician to
direct.
The family planning centers shall furnish educational materials
and information with respect to achieving a planned parenthood,
including advice as to contraceptive practices, medical surgery
devices and pharmaceuticals. These centers are authorized to carry
out clinical activities incident to child spacing, including medical
examinations, insertion of contraceptive devices, prescription of
pharmaceuticals, and may furnish drugs and devices to eligible
persons. The family planning centers shall be under the direction
of a physician, licensed by the State of Oklahoma to practice
medicine.
Laws 1967, c. 342, § 3, emerg. eff. May 18, 1967.
§63-2074. Rules, regulations and standards.
The State Board of Health is authorized to promulgate rules,
regulations and standards for the operation of family planning
centers as follows:
a. Eligibility of persons for service.
b. Approval of contraceptives, practices, devices and
pharmaceuticals, and the methods of their utilization.
c. Clinical procedures.
d. Medical services to applicants.
e. Establish a fee schedule to be charged applicants who
are financially able to pay for services and devices,
pharmaceuticals or other equipment and supplies furnished.
f. Records to be maintained.
g. Any other rules, regulations or standards required to
carry out the legislative intent expressed in this act.
Laws 1967, c. 342, § 4, emerg. eff. May 18, 1967.
§63-2075. Fees.
Fees collected in family planning centers shall be forwarded to
the State Department of Health, and shall be deposited in the Public
Oklahoma Statutes - Title 63. Public Health and Safety Page 1343
Health Special Fund, and expended as is now provided by statute, or
as may be provided in the future. Provided, however, that where
family planning centers are a part of the services of a county,
district, cooperative or city-county department of health the State
Commissioner of Health may direct that such fees be deposited with
the county treasurer of the county where the center is located, and
the Commissioner may direct that such fees be added to a specified
item or items of appropriations for the county, district,
cooperative or city-county health department, and no further action
or appropriation by the county excise board shall be required to
make such funds available for expenditure.
Laws 1967, c. 342, § 5, emerg. eff. May 18, 1967.
§63-2151. Blood products or tissues - Addition to human body -
Warranty.
The procurement, processing, distribution or use of whole blood,
plasma, blood products, blood derivatives and other human tissues
such as corneas, bones or organs for the purpose of injecting,
transfusing or transplanting any of them into the human body, for
compensation or otherwise, shall be deemed a transaction for the
purposes of this act. No such transaction shall give rise to any
implied warranty of the fitness, quality, suitability of purpose,
safety, acceptability to the body of the patient or of any other
characteristic or circumstance incident to the transaction involved
bearing upon the propriety of the transaction, as applied to the
recipient, on the part of the person or persons rendering such
service, in the absence of negligence. Provided, that the
provisions of this act shall in no way be deemed to affect the
operations of the Oklahoma State Penitentiary.
Laws 1968, c. 209, § 1.
§63-2151.1. Organ and tissue donations from HIV positive persons.
No reproductive tissue(s) shall be procured for donation
purposes from any person testing positive for the human
immunodeficiency virus (HIV) infection. Organ(s) and tissue(s) may
be procured for donation purposes from any person testing positive
for HIV infection, provided such procurement and donation are
consistent with the HIV Organ Policy Equity (HOPE) Act (P.L. 113-51,
127 Stat. 579 (2013)) and the regulations promulgated thereunder by
the Organ Procurement and Transplantation Network and the United
States Food and Drug Administration.
1. Every donor, donor candidate or tissue(s) or organ(s) to be
donated shall be tested for the virus infection immediately prior to
the donation of reproductive tissue(s) or tissue(s) or organ(s) for
transplant. If such test has not been conducted immediately prior
to the donation, then the test shall be conducted immediately prior
to the implantation of the donor organ(s) or tissue(s).
Oklahoma Statutes - Title 63. Public Health and Safety Page 1344
2. If the donor is living, the donor shall be notified of the
test results. Notification shall be consistent with donor
confidentiality and with the requirements of state and federal law.
The hospital or other facility responsible for the reproductive
tissue, tissue or organ donation shall provide directly or otherwise
make available appropriate information and counseling services to
reproductive tissue donors and to living tissue or organ donors.
Added by Laws 1988, c. 153, § 5, eff. July 1, 1988. Amended by Laws
2017, c. 198, § 1, eff. Nov. 1, 2017.
§63-2152. Donation of blood.
Any person sixteen (16) years of age with parental permission or
authorization, or seventeen (17) years of age or older without
parental permission or authorization shall be eligible to donate
blood voluntarily; provided that only persons eighteen (18) years of
age or older may receive compensation for blood so donated.
Added by Laws 1969, c. 196, § 1, emerg. eff. April 18, 1969.
Amended by Laws 1974, c. 15, § 1; Laws 1984, c. 124, § 1, eff. Nov.
1, 1984; Laws 2010, c. 197, § 1, eff. Nov. 1, 2010.
§63-2153. Preplacement or replacement of blood as a condition of
treatment.
No hospital or blood donor organization shall require either
preplacement or replacement of blood as a condition of treatment.
Every statement of policy to or request of a patient or his next of
kin by a physician or the personnel of a hospital or a blood donor
organization regarding preplacement or replacement of blood through
voluntary donations on behalf of the patient pursuant to any
scheduled transfusion of whole blood or one or more of the component
parts of whole blood, shall be made in a manner not calculated or
likely to result in a marked increase in anxiety or emotional
disturbance on the part of the patient or his next of kin. Every
blood donor organization shall adopt policies and procedures for
directed blood donations. Such designated donations must be
medically suitable of purpose, safety, and acceptability to the body
of the recipient.
Any hospital or blood donor organization that violates the
provisions of this section may be denied all benefits and privileges
granted by state law to such institutions.
Amended by Laws 1986, c. 146, § 1, operative June 1, 1986.
§63-2154. Statement of benefits from donation of blood.
Every hospital or blood donor organization shall furnish the
donor, preceding or at the time of a blood donation, a concise,
complete, written statement as to any benefits which may arise from
his donation of blood.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1345
This statement shall include, at least, the agency policy
regarding blood replacement, financial benefit, if any, for blood
program participation and designation of who shall be the recipient
of any such financial benefit.
Laws 1978, c. 174, § 2.
§63-2161. Short title.
This act shall be known and may be cited as the "Oklahoma Blood
Exchange Act".
Laws 1980, c. 281, § 1, eff. Oct. 1, 1980.
§63-2162. Purpose of act.
The purpose of the Oklahoma Blood Exchange Act is to insure
cooperation among and between the regional blood service and
distribution systems operating within the state and to provide whole
blood, blood components and blood derivatives at the lowest possible
cost to all persons in the state.
Laws 1980, c. 281, § 2, eff. Oct. 1, 1980.
§63-2163. Definitions.
As used in this act:
"Blood service systems" means regional providers of whole blood,
blood components or blood derivatives; provided, for purposes of
this act, all regional providers operating with the same
establishment license number of the United States Department of
Health and Human Services will be considered one blood service
system. For purposes of this act, blood service systems shall not
include individual hospital blood banks.
Amended by Laws 1986, c. 14, § 1, eff. July 1, 1986.
§63-2166. Contracts for blood and blood products.
Regional blood service systems operating within the state shall
establish plans and procedures for the exchange of blood and blood
products on a basis of regularly scheduled shipments based upon past
use and anticipated needs. Prior to contracting with out-of-state
blood suppliers for blood products, blood service systems operating
within the state shall first seek to contract with other systems
operating within the state and shall not enter into contracts for
shipments of blood and blood products from service systems not
operating within the state until after exhausting efforts to
establish a contractual agreement for shipments from blood service
systems operating within the state.
Laws 1980, c. 281, § 6, eff. Oct. 1, 1980.
§63-2167. Blood solicitation and donation.
A. It shall be the intent of the Legislature that each blood
service system operating in this state use only blood and blood
Oklahoma Statutes - Title 63. Public Health and Safety Page 1346
products obtained from volunteer donors, except in an emergency
calling for a rare blood type that is not available from a nonpaid
donor or in an unusual disaster situation when normal supply is
interrupted or depleted. Blood collected from inmates in
correctional facilities shall not be used to transfuse patients in
this state.
B. Blood solicitation or donation as a prerequisite for
surgical or medical reasons is hereby prohibited.
C. Every blood donor organization shall adopt policies and
procedures for directed blood donations. Such designated donations
must be medically suitable of purpose, safety, and acceptability to
the body of the recipient.
D. Appeals for blood donations should be directed at the
community at large, including organized groups within the community.
While appeals to the family and friends of the hospitalized patients
are an acceptable part of total donor recruitment program, blood
service establishments should exercise discretion in such appeals
and should carefully avoid the use of any undue pressure or
coercion.
Amended by Laws 1986, c. 146, § 2, operative June 1, 1986.
§63-2167.1. Test for detection of antibodies to human T-
lymphotropic virus type III - Notification of donors.
Each blood service system shall have a test to detect the
presence of antibodies to the human T-lymphotropic virus type III.
Such test shall be performed on each donation of blood prior to the
use, disposal, distribution, or exchange of such blood. If
antibodies to the human T-lymphotropic virus type III are found to
be present in such blood donation, the blood shall not be used for
any blood transfusion. The donor of any blood donation containing
antibodies to the human T-lymphotropic virus type III shall be
notified of such results upon completion of specific confirmatory
testing by the blood service system that took the donation. The
notification shall be made in a manner consistent with donor
confidentiality.
Added by Laws 1986, c. 146, § 3, operative June 1, 1986.
§63-2168. Statement of benefits arising from donation of blood -
Donor forms - Unlawful representations.
A. Every blood service system shall furnish a blood donor,
preceding or at the time of a blood donation, a concise, complete,
written statement as to any benefit which may arise from the
donation of blood. This statement shall include, at least, the
system policy regarding blood replacement, benefits, if any, for
blood program participation and designation of who shall be the
recipient of any such benefits.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1347
B. Every blood service system shall provide a form to the donor
to be filled in by the donor, preceding or at the time of the blood
donation. The form shall provide for the name, address, or location
where the donor may be located for notification pursuant to Section
3 of this act.
C. It shall be unlawful for any blood service system, or its
agent or employee, to make any representation, oral or written, that
a donation of blood will or may result in benefits to the blood
donor or his designee, such as the refund of any fees, blood
credits, family protection and the like, unless such benefits will,
in fact, accrue to the blood donor or his designee.
D. It shall be unlawful for any blood service system, or its
agent or employee, to make any representation, oral or written, that
blood or blood products are or will be provided free if such blood
service system receives any fee or remuneration, whether directly or
indirectly, for providing and/or transfusing blood or blood
products.
Amended by Laws 1986, c. 146, § 4, operative June 1, 1986.
§63-2169. Financial statements and reports.
Each blood service system operating within this state shall
publish annually a financial statement which clearly identifies, on
an individual system basis, its assets, liabilities, income,
expenses and net worth and shall maintain an accounting system which
facilitates a determination that its system of charges is reasonably
related to the costs for blood, blood components and related
services and activities.
Amended by Laws 1986, c. 14, § 2, eff. July 1, 1986.
§63-2170. Violations - Penalties.
Any violation of this act shall be a misdemeanor and upon
conviction thereof, shall result in a fine of not more than Five
Hundred Dollars ($500.00).
Laws 1980, c. 281, § 10, eff. Oct. 1, 1980.
§63-2171. Repealed by Laws 2005, c. 108, § 5, eff. July 1, 2005.
§63-2172. Repealed by Laws 2005, c. 108, § 5, eff. July 1, 2005.
§63-2173. Short title.
This act shall be known and may be cited as the “Danielle
Martinez Act”.
Added by Laws 2005, c. 87, § 1, emerg. eff. April 21, 2005.
§63-2174. Repealed by Laws 2017, c. 47, § 1, eff. Nov. 1, 2017.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1348
§63-2175. Public umbilical cord blood bank – Education program –
Donation to bank.
A. Contingent on the provision of appropriated funds designated
for the State Department of Health or the donation of private funds
to the State Department of Health for such purpose, on or before
January 1, 2009, the State Department of Health, in collaboration
with a private blood donor or private blood bank organization, shall
establish, operate and maintain a public umbilical cord blood bank
or cord blood collection operation for the purpose of collecting and
storing umbilical cord blood and placental tissue donated by
maternity patients at hospitals licensed in this state.
B. On or before January 1, 2009, the State Department of
Health, in collaboration with a private blood donor or private blood
bank organization shall establish a program to educate maternity
patients with respect to the subject of cord blood banking. The
program shall provide maternity patients with sufficient information
to make an informed decision on whether or not to participate in a
private or public umbilical cord blood banking program and shall
include, but not be limited to, explanations and information on:
1. The difference between public and private umbilical cord
blood banking;
2. The medical process involved in umbilical cord blood
banking;
3. The current and potential future medical uses of stored
umbilical cord blood;
4. The benefits and risks involved in banking umbilical cord
blood; and
5. The availability and cost of storing umbilical cord blood
and placental tissue in public and private umbilical cord blood
banks.
C. 1. Each physician licensed in this state and each hospital
licensed in this state shall inform each pregnant patient under the
care of the physician or hospital, not later than thirty (30) days
from the commencement of the patient’s third trimester of pregnancy,
of the opportunity to donate to the public umbilical cord blood
bank, established under subsection A of this section, blood and
tissue extracted from the umbilical cord and placenta, following
delivery of a newborn child, at no cost to the patient.
2. Nothing in this section shall be construed to:
a. obligate a hospital to collect umbilical cord blood or
placental tissue if, in the professional judgment of a
physician licensed in this state, the collection would
threaten the health of the mother or child,
b. prohibit a maternity patient from donating or storing
blood extracted from the umbilical cord or placenta of
the patient’s newborn child to a private umbilical
cord blood and placental tissue bank, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1349
c. impose a requirement upon attending medical personnel
who object to umbilical cord blood or placental tissue
donation as being in conflict with their religious
tenets and practice.
Added by Laws 2008, c. 151, § 1, eff. July 1, 2008.
§63-2175.1. State Commissioner request for information about public
cord blood collection operation.
A. On or before July 1, 2008, the State Commissioner of Health
shall request information from one or more umbilical cord blood
banks concerning the establishment of a public cord blood collection
operation within this state to collect, transport, process and store
cord blood units from Oklahoma residents for therapeutic and
research purposes. Any such request for information shall contain
provisions inquiring about the ability of the umbilical cord blood
bank to:
1. Establish and operate one or more collection sites within
the state to collect a targeted number of cord blood units;
2. Implement collection procedures designed to collect cord
blood units that reflect the state’s racial and ethnic diversity;
3. Set up public cord blood collection operations not later
than six (6) months after execution of a contract with the state,
provided the umbilical cord blood bank is able to negotiate any
necessary contracts related to the collection sites within that time
frame;
4. Participate in the National Cord Blood Coordinating Center
or similar national cord blood inventory center by listing cord
blood units in a manner that assures maximum opportunity for use;
5. Have a program that provides cord blood units for research
and agree to provide cord blood units that are unsuitable for
therapeutic use to researchers located within the state at no
charge; and
6. Maintain national accreditation by an accrediting
organization recognized by the federal Health Resources and Services
Administration.
B. On or before January 1, 2009, the Commissioner of Health
shall submit, as and in the manner provided for by law, a summary of
the responses to the request for information, along with any
recommendations, to the Governor, the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, and the
chairs of those committees of the Legislature with legislative
responsibility over matters relating to public health.
Added by Laws 2008, c. 151, § 2, eff. July 1, 2008.
§63-2200.1. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1350
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.1A. Short title.
This act shall be known and may be cited as the “Oklahoma
Uniform Anatomical Gift Act”.
Added by Laws 2009, c. 139, § 1, eff. Nov. 1, 2009.
§63-2200.2. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.2A. Definitions.
As used in the Oklahoma Uniform Anatomical Gift Act:
1. "Adult" means an individual who is at least eighteen (18)
years of age;
2. "Agent" means an individual:
a. authorized to make health care decisions on the
principal's behalf by a power of attorney for health
care, or
b. expressly authorized to make an anatomical gift on the
principal's behalf by any other record signed by the
principal;
3. "Anatomical donor program" means an entity that is
registered with the State Anatomical Board to receive and issue
bodies or body parts for education or research;
4. "Anatomical gift" means a donation of all or part of a human
body to take effect after the donor's death for the purpose of
transplantation, therapy, research, or education;
5. "Decedent" means a deceased individual whose body or part is
or may be the source of an anatomical gift and includes a stillborn
infant and, subject to restrictions imposed by any other provisions
of law, a fetus;
6. "Disinterested witness" means a witness other than the
spouse, child, parent, sibling, grandchild, grandparent, or guardian
of the individual who makes, amends, revokes, or refuses to make an
anatomical gift, or another adult who exhibited special care and
concern for the individual and does not include a person to whom an
anatomical gift could pass under Section 2200.11A of this title;
7. "Document of gift" means a donor card or other record used
to make an anatomical gift, including a statement or symbol on a
driver license, identification card, or donor registry;
8. "Donor" means an individual whose body or part is the
subject of an anatomical gift;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1351
9. "Donor registry" means a database that contains records of
anatomical gifts and amendments to or revocations of anatomical
gifts;
10. "Driver license" means a license or permit issued by the
Department of Public Safety to operate a vehicle, whether or not
conditions are attached to the license or permit;
11. "Eye bank" means a person that is licensed, accredited, or
regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage, or distribution of human
eyes or portions of human eyes;
12. "Guardian" means a person appointed by a court to make
decisions regarding the support, care, education, health, or welfare
of an individual and does not include a guardian ad litem;
13. "Hospital" means a facility licensed as a hospital under
the law of any state or a facility operated as a hospital by the
United States, a state, or a subdivision of a state;
14. "Identification card" means an identification card issued
by the Department of Public Safety;
15. "Know" means to have actual knowledge;
16. "Minor" means an individual who is under eighteen (18)
years of age;
17. "Organ procurement organization" means a person designated
by the Secretary of the United States Department of Health and Human
Services as an organ procurement organization;
18. "Non-transplant tissue bank" means an entity that is
registered with the State Anatomical Board to engage in the
recovery, screening, testing, processing, storage, or distribution
of tissue for education and research;
19. "Parent" means a parent whose parental rights have not been
terminated;
20. "Part" means an organ, an eye, or tissue of a human being
and does not include the whole body;
21. "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government or governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity;
22. "Physician" means an individual authorized to practice
medicine or osteopathy under the law of any state;
23. "Procurement organization" means an eye bank, organ
procurement organization, or tissue bank;
24. "Prospective donor" means an individual who is dead or near
death and who has been determined by a procurement organization to
have a part that could be medically suitable for transplantation,
therapy, research, or education and does not include an individual
who has made a refusal;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1352
25. "Reasonably available" means able to be contacted by a
procurement organization without undue effort and willing and able
to act in a timely manner consistent with existing medical criteria
necessary for the making of an anatomical gift;
26. "Recipient" means an individual into whose body a
decedent's part has been or is intended to be transplanted;
27. "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form;
28. "Refusal" means a record created under Section 2200.7A of
this title that expressly states an intent to bar other persons from
making an anatomical gift of an individual's body or part;
29. "Sign" means, with the present intent to authenticate or
adopt a record, to:
a. execute or adopt a tangible symbol, or
b. attach to or logically associate with the record an
electronic symbol, sound, or process;
30. "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States;
31. "Technician" means an individual determined to be qualified
to remove or process parts by an appropriate organization that is
licensed, accredited, or regulated under federal or state law,
including an enucleator;
32. "Tissue" means a portion of the human body other than an
organ or an eye and does not include blood unless the blood is
donated for the purpose of research or education;
33. "Tissue bank" means a person that is licensed, accredited,
or regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage, or distribution of tissue;
and
34. "Transplant hospital" means a hospital that furnishes organ
transplants and other medical and surgical specialty services
required for the care of transplant patients.
Added by Laws 2009, c. 139, § 2, eff. Nov. 1, 2009. Amended by Laws
2012, c. 119, § 3, eff. Nov. 1, 2012.
§63-2200.3. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.3A. Applicability.
This act applies to an anatomical gift or amendment to,
revocation of, or refusal to make an anatomical gift, whenever made.
Added by Laws 2009, c. 139, § 3, eff. Nov. 1, 2009.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1353
§63-2200.4. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.4A. Persons authorized to make anatomical gift before
donor's death.
Subject to Section 6 of this act, an anatomical gift of a
donor’s body or part may be made during the life of the donor for
the purpose of transplantation, therapy, research, or education in
the manner provided in Section 5 of this act by:
1. The donor, if the donor is an adult or if the donor is a
minor and is:
a. emancipated, or
b. authorized under state law to apply for a driver
license because the donor is at least sixteen (16)
years of age;
2. An agent of the donor, unless the power of attorney for
health care or other record prohibits the agent from making an
anatomical gift;
3. A parent of the donor, if the donor is an unemancipated
minor; or
4. The donor’s guardian.
Added by Laws 2009, c. 139, § 4, eff. Nov. 1, 2009.
§63-2200.5. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.5A. Manner of making anatomical gift before donor's death.
A. A donor may make an anatomical gift:
1. By authorizing a statement or symbol indicating that the
donor has made an anatomical gift to be imprinted on the donor’s
driver license or identification card;
2. In a will;
3. During a terminal illness or injury of the donor, by any
form of communication addressed to at least two adults, at least one
of whom is a disinterested witness; or
4. As provided in subsection B of this section.
B. A donor or other person authorized to make an anatomical
gift under Section 4 of this act may make a gift by a donor card or
other record signed by the donor or other person making the gift or
by authorizing that a statement or symbol indicating that the donor
has made an anatomical gift be included on a donor registry. If the
donor or other person is physically unable to sign a record, the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1354
record may be signed by another individual at the direction of the
donor or other person and must:
1. Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the donor
or the other person; and
2. State that it has been signed and witnessed as provided in
paragraph 1 of this subsection.
C. Revocation, suspension, expiration, or cancellation of a
driver license or identification card upon which an anatomical gift
is indicated does not invalidate the gift.
D. An anatomical gift made by will takes effect upon the
donor’s death whether or not the will is probated. Invalidation of
the will after the donor’s death does not invalidate the gift.
E. The making of an anatomical gift shall not of itself be
construed to authorize or direct the denial of health care when the
withholding or withdrawal of such health care will result in or
hasten death of the donor.
Added by Laws 2009, c. 139, § 5, eff. Nov. 1, 2009.
§63-2200.6. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.6A. Amending or revoking anatomical gift before donor's
death.
A. Subject to Section 8 of this act, a donor or other person
authorized to make an anatomical gift under Section 4 of this act
may amend or revoke an anatomical gift by:
1. A record signed by:
a. the donor,
b. the other person, or
c. subject to subsection B of this section, another
individual acting at the direction of the donor or the
other person if the donor or other person is
physically unable to sign; or
2. A later-executed document of gift that amends or revokes a
previous anatomical gift or portion of an anatomical gift, either
expressly or by inconsistency.
B. A record signed pursuant to subparagraph c of paragraph 1 of
subsection A of this section must:
1. Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the donor
or the other person; and
2. State that it has been signed and witnessed as provided in
paragraph 1 of this subsection.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1355
C. Subject to Section 8 of this act, a donor or other person
authorized to make an anatomical gift under Section 4 of this act
may revoke an anatomical gift by the destruction or cancellation of
the document of gift, or the portion of the document of gift used to
make the gift, with the intent to revoke the gift.
D. A donor may amend or revoke an anatomical gift that was not
made in a will by any form of communication during a terminal
illness or injury addressed to at least two adults, at least one of
whom is a disinterested witness.
E. A donor who makes an anatomical gift in a will may amend or
revoke the gift in the manner provided for amendment or revocation
of wills or as provided in subsection A of this section.
Added by Laws 2009, c. 139, § 6, eff. Nov. 1, 2009.
§63-2200.7. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.7A. Refusal to make anatomical gift - Effect of refusal.
A. An individual may refuse to make an anatomical gift of the
individual’s body or part by:
1. A record signed by:
a. the individual, or
b. subject to subsection B of this section, another
individual acting at the direction of the individual
if the individual is physically unable to sign;
2. The individual’s will, whether or not the will is admitted
to probate or invalidated after the individual’s death; or
3. Any form of communication made by the individual during the
individual’s terminal illness or injury addressed to at least two
adults, at least one of whom is a disinterested witness.
B. A record signed pursuant to subparagraph b of paragraph 1 of
subsection A of this section must:
1. Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the
individual; and
2. State that it has been signed and witnessed as provided in
paragraph 1 of this subsection.
C. An individual who has made a refusal may amend or revoke the
refusal:
1. In the manner provided in subsection A of this section for
making a refusal;
2. By subsequently making an anatomical gift pursuant to
Section 4 of this act that is inconsistent with the refusal; or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1356
3. By destroying or canceling the record evidencing the
refusal, or the portion of the record used to make the refusal, with
the intent to revoke the refusal.
D. Except as otherwise provided in subsection H of Section 8 of
this act, in the absence of an express, contrary indication by the
individual set forth in the refusal, an individual’s unrevoked
refusal to make an anatomical gift of the individual’s body or part
bars all other persons from making an anatomical gift of the
individual’s body or part.
Added by Laws 2009, c. 139, § 7, eff. Nov. 1, 2009.
§63-2200.8. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.8A. Preclusive effect of anatomical gift, amendment, or
revocation.
A. Except as otherwise provided in subsection G of this section
and subject to subsection F of this section, in the absence of an
express, contrary indication by the donor, a person other than the
donor is barred from making, amending, or revoking an anatomical
gift of a donor’s body or part if the donor made an anatomical gift
of the donor’s body or part under Section 5 of this act or an
amendment to an anatomical gift of the donor’s body or part under
Section 6 of this act.
B. A donor’s revocation of an anatomical gift of the donor’s
body or part under Section 6 of this act is not a refusal and does
not bar another person specified in Section 4 or 9 of this act from
making an anatomical gift of the donor’s body or part under Section
5 or 10 of this act.
C. If a person other than the donor makes an unrevoked
anatomical gift of the donor’s body or part under Section 5 of this
act or an amendment to an anatomical gift of the donor’s body or
part under Section 6 of this act, another person may not make,
amend, or revoke the gift of the donor’s body or part under Section
10 of this act.
D. A revocation of an anatomical gift of a donor’s body or part
under Section 6 of this act by a person other than the donor does
not bar another person from making an anatomical gift of the body or
part under Section 5 or 10 of this act.
E. In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
Section 4 of this act, an anatomical gift of a part is neither a
refusal to give another part nor a limitation on the making of an
anatomical gift of another part at a later time by the donor or
another person.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1357
F. In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
Section 4 of this act, an anatomical gift of a part for one or more
of the purposes set forth in Section 4 of this act is not a
limitation on the making of an anatomical gift of the part for any
of the other purposes by the donor or any other person under Section
5 or 10 of this act.
G. If a donor who is an unemancipated minor dies, a parent of
the donor who is reasonably available may revoke or amend an
anatomical gift of the donor’s body or part.
H. If an unemancipated minor who signed a refusal dies, a
parent of the minor who is reasonably available may revoke the
minor’s refusal.
Added by Laws 2009, c. 139, § 8, eff. Nov. 1, 2009.
§63-2200.9. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.9A. Persons authorized to make anatomical gift of
decedent's body or part.
A. Subject to subsections B and C of this section and unless
barred by Section 7 or 8 of this act, an anatomical gift of a
decedent’s body or part for purpose of transplantation, therapy,
research, or education may be made by any member of the following
classes of persons who is reasonably available, in the order of
priority listed:
1. An agent of the decedent at the time of death who could have
made an anatomical gift under paragraph 2 of Section 4 of this act
immediately before the decedent’s death;
2. The spouse of the decedent;
3. Adult children of the decedent;
4. Parents of the decedent;
5. Adult siblings of the decedent;
6. Adult grandchildren of the decedent;
7. Grandparents of the decedent;
8. An adult who exhibited special care and concern for the
decedent;
9. The persons who were acting as the guardians of the person
of the decedent at the time of death; and
10. Any other person having the authority to dispose of the
decedent’s body.
B. If there is more than one member of a class listed in
paragraph 1, 3, 4, 5, 6, 7 or 9 of subsection A of this section
entitled to make an anatomical gift, an anatomical gift may be made
by a member of the class unless that member or a person to whom the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1358
gift may pass under Section 11 of this act knows of an objection by
another member of the class. If an objection is known, the gift may
be made only by a majority of the members of the class who are
reasonably available.
C. A person may not make an anatomical gift if, at the time of
the decedent’s death, a person in a prior class under subsection A
of this section is reasonably available to make or to object to the
making of an anatomical gift.
Added by Laws 2009, c. 139, § 9, eff. Nov. 1, 2009.
§63-2200.10. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.10A. Manner of making, amending, or revoking anatomical
gift of decedent's body or part.
A. A person authorized to make an anatomical gift under Section
9 of this act may make an anatomical gift by a document of gift
signed by the person making the gift or by that person’s oral
communication that is electronically recorded or is
contemporaneously reduced to a record and signed by the individual
receiving the oral communication.
B. Subject to subsection C of this section, an anatomical gift
by a person authorized under Section 9 of this act may be amended or
revoked orally or in a record by any member of a prior class who is
reasonably available. If more than one member of the prior class is
reasonably available, the gift made by a person authorized under
Section 9 of this act may be:
1. Amended only if a majority of the reasonably available
members agree to amending the gift; or
2. Revoked only if a majority of the members agree to the
revoking of the gift or if they are equally divided as to whether to
revoke the gift.
C. A revocation under subsection B of this section is effective
only if, before an incision has been made to remove a part from the
donor’s body or before invasive procedures have begun to prepare the
recipient, the procurement organization, transplant hospital, or
physician or technician knows of the revocation.
Added by Laws 2009, c. 139, § 10, eff. Nov. 1, 2009.
§63-2200.11. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
Oklahoma Statutes - Title 63. Public Health and Safety Page 1359
§63-2200.11A. Persons who may receive anatomical gift - Purpose of
gift.
A. An anatomical gift may be made to the following persons
named in the document of gift:
1. A hospital; accredited medical school, dental school,
college, or university; organ procurement organization; or other
appropriate person, for research or education as designated by the
State Anatomical Board;
2. Subject to subsection B of this section, an individual
designated by the person making the anatomical gift if the
individual is the recipient of the part; or
3. An eye bank or tissue bank.
B. If an anatomical gift to an individual under paragraph 2 of
subsection A of this section cannot be transplanted into the
individual, the part passes in accordance with subsection G of this
section in the absence of an express, contrary indication by the
person making the anatomical gift.
C. If an anatomical gift of one or more specific parts or of
all parts is made in a document of gift that does not name a person
described in subsection A of this section but identifies the purpose
for which an anatomical gift may be used, the following rules apply:
1. If the part is an eye and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate eye
bank;
2. If the part is tissue and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate
tissue bank;
3. If the part is an organ and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate organ
procurement organization as custodian of the organ; and
4. If the part is an organ, an eye, or tissue and the gift is
for the purpose of research or education, the gift passes to the
appropriate anatomical donor program or non-transplant tissue bank
registered with the State Anatomical Board.
D. For the purpose of subsection C of this section, if there is
more than one purpose of an anatomical gift set forth in the
document of gift but the purposes are not set forth in any priority,
the gift must be used for transplantation or therapy, if suitable.
If the gift cannot be used for transplantation or therapy, the gift
may be used for research or education.
E. If an anatomical gift of one or more specific parts is made
in a document of gift that does not name a person described in
subsection A of this section and does not identify the purpose of
the gift, the gift may be used only for transplantation or therapy,
and the gift passes in accordance with subsection G of this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1360
F. If a document of gift specifies only a general intent to
make an anatomical gift by words such as "donor", "organ donor", or
"body donor", or by a symbol or statement of similar import, the
gift may be used for transplantation, research, or therapy, and the
gift passes in accordance with subsection G of this section.
G. For purposes of subsections B, E and F of this section, the
following rules apply:
1. If the part is an eye, the gift passes to the appropriate
eye bank;
2. If the part is tissue, the gift passes to the appropriate
tissue bank; and
3. If the part is an organ, the gift passes to the appropriate
organ procurement organization as custodian of the organ.
H. An anatomical gift of an organ for transplantation or
therapy, other than an anatomical gift under paragraph 2 of
subsection A of this section, passes to the organ procurement
organization as custodian of the organ.
I. If an anatomical gift does not pass pursuant to subsections
A through H of this section or the decedent's body or part is not
used for transplantation, therapy, research, or education, custody
of the body or part passes to the person under obligation to dispose
of the body or part.
J. A person may not accept an anatomical gift if the person
knows that the gift was not effectively made under Sections 2200.5A
or 2200.10A of this title or if the person knows that the decedent
made a refusal under Section 2200.7A of this title that was not
revoked. For purposes of this subsection, if a person knows that an
anatomical gift was made on a document of gift, the person is deemed
to know of any amendment or revocation of the gift or any refusal to
make an anatomical gift on the same document of gift.
K. Except as otherwise provided in paragraph 2 of subsection A
of this section, nothing in the Oklahoma Uniform Anatomical Gift Act
affects the allocation of organs for transplantation or therapy.
Added by Laws 2009, c. 139, § 11, eff. Nov. 1, 2009. Amended by
Laws 2012, c. 119, § 4, eff. Nov. 1, 2012.
§63-2200.12. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.12A. Search and notification.
A. The following persons shall make a reasonable search of an
individual who the person reasonably believes is dead or near death
for a document of gift or other information identifying the
individual as a donor or as an individual who made a refusal:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1361
1. A law enforcement officer, firefighter, paramedic, or other
emergency rescuer finding the individual; and
2. If no other source of the information is immediately
available, a hospital, as soon as practical after the individual’s
arrival at the hospital.
B. If a document of gift or a refusal to make an anatomical
gift is located by the search required by paragraph 1 of subsection
A of this section and the individual or deceased individual to whom
it relates is taken to a hospital, the person responsible for
conducting the search shall send the document of gift or refusal to
the hospital.
C. A person is not subject to criminal or civil liability for
failing to discharge the duties imposed by this section but may be
subject to administrative sanctions.
Added by Laws 2009, c. 139, § 12, eff. Nov. 1, 2009.
§63-2200.13. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.13A. Delivery of document of gift not required - Right to
examine.
A. A document of gift need not be delivered during the donor’s
lifetime to be effective.
B. Upon or after an individual’s death, a person in possession
of a document of gift or a refusal to make an anatomical gift with
respect to the individual shall allow examination and copying of the
document of gift or refusal by a person authorized to make or object
to the making of an anatomical gift with respect to the individual
or by a person to which the gift could pass under Section 11 of this
act.
Added by Laws 2009, c. 139, § 13, eff. Nov. 1, 2009.
§63-2200.14. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.14A. Rights and duties of procurement organization and
others
A. When a hospital refers an individual at or near death to a
procurement organization, the organization shall make a reasonable
search of the records of the Department of Public Safety and any
donor registry that it knows exists for the geographical area in
Oklahoma Statutes - Title 63. Public Health and Safety Page 1362
which the individual resides to ascertain whether the individual has
made an anatomical gift.
B. A procurement organization must be allowed reasonable access
to information in the records of the Department of Public Safety to
ascertain whether an individual at or near death is a donor.
C. When a hospital refers an individual at or near death to a
procurement organization, the organization may conduct any
reasonable examination necessary to ensure the medical suitability
of a part that is or could be the subject of an anatomical gift for
transplantation, therapy, research, or education from a donor or a
prospective donor. During the examination period, measures
necessary to ensure the medical suitability of the part may not be
withdrawn unless the hospital or procurement organization knows that
the individual expressed a contrary intent.
D. Unless prohibited by any other provisions of law, at any
time after a donor's death, the person to whom a part passes under
Section 2200.11A of this title may conduct any reasonable
examination necessary to ensure the medical suitability of the body
or part for its intended purpose.
E. Unless prohibited by any other provisions of law, an
examination under subsection C or D of this section may include an
examination of all medical and dental records of the donor or
prospective donor.
F. Upon the death of a minor who was a donor or had signed a
refusal, unless a procurement organization knows the minor is
emancipated, the procurement organization shall conduct a reasonable
search for the parents of the minor and provide the parents with an
opportunity to revoke or amend the anatomical gift or revoke the
refusal.
G. Upon referral by a hospital under subsection A of this
section, a procurement organization shall make a reasonable search
for any person listed in Section 2200.9A of this title having
priority to make an anatomical gift on behalf of a prospective
donor. If a procurement organization receives information that an
anatomical gift to any other person was made, amended, or revoked,
it shall promptly advise the other person of all relevant
information.
H. Subject to subsection I of Section 2200.11A of this title
and Section 2200.23A of this title, the rights of the person to
which a part passes under Section 2200.11A of this title are
superior to the rights of all others with respect to the part. The
person may accept or reject an anatomical gift in whole or in part.
Subject to the terms of the document of gift and this act, a person
that accepts an anatomical gift of an entire body may allow
embalming, burial or cremation, and use of remains in a funeral
service. If the gift is of a part, the person to which the part
passes under Section 2200.11A of this title, upon the death of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1363
donor and before embalming, burial, or cremation, shall cause the
part to be removed without unnecessary mutilation.
I. Neither the physician who attends the decedent at death nor
the physician who determines the time of the decedent's death may
participate in the procedures for removing or transplanting a part
from the decedent.
J. A physician or technician may remove a donated part from the
body of a donor that the physician or technician is qualified to
remove.
K. A hospital may adopt guidelines for the interaction between
organ procurement organizations and hospital staff. Nothing in the
Oklahoma Uniform Anatomical Gift Act shall be construed as to
authorize an organ procurement organization to use coercion or
emotional abuse of patients, families of patients, physicians or
hospital staff in any aspect of the organ donation process,
including, but not limited to, the testing and screening of
potential donors and the procurement of organs. For purposes of
this subsection, "emotional abuse" shall include, but not be limited
to, demanding, insisting or pressuring families in a manner that
fails to exhibit sympathy, compassion or sensitivity to the
emotional well-being of those involved.
Added by Laws 2009, c. 139, § 14, eff. Nov. 1, 2009. Amended by
Laws 2016, c. 284, § 1, eff. Nov. 1, 2016.
§63-2200.15. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.15A. Coordination of procurement and use of gifts.
Each hospital in this state shall enter into agreements or
affiliations with procurement organizations for coordination of
procurement and use of anatomical gifts.
Added by Laws 2009, c. 139, § 15, eff. Nov. 1, 2009.
§63-2200.16. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.16A. Sale or purchase of parts prohibited - Reasonable
fees.
A. Except as otherwise provided in subsection B of this
section, a person that, for valuable consideration, knowingly
purchases or sells a part for transplantation or therapy if removal
Oklahoma Statutes - Title 63. Public Health and Safety Page 1364
of a part from an individual is intended to occur after the
individual’s death commits a Class D1 felony offense and upon
conviction is subject to a fine of not more than Fifty Thousand
Dollars ($50,000.00), or imprisonment as provided for in subsections
B through F of Section 20N of Title 21 of the Oklahoma Statutes, or
both such fine and imprisonment.
B. A person may charge a reasonable amount for the removal,
processing, preservation, quality control, storage, transportation,
implantation, or disposal of a part.
Added by Laws 2009, c. 139, § 16, eff. Nov. 1, 2009. Amended by
Laws 2025, c. 486, § 547, eff. Jan. 1, 2026.
§63-2200.17. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.17A. Falsification, etc. of document of gift for financial
gain - Penalties.
A person that, in order to obtain a financial gain,
intentionally falsifies, forges, conceals, defaces, or obliterates a
document of gift, an amendment or revocation of a document of gift,
or a refusal commits a Class D1 felony offense and upon conviction
is subject to a fine of not more than Fifty Thousand Dollars
($50,000.00), or imprisonment as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or
both such fine and imprisonment.
Added by Laws 2009, c. 139, § 17, eff. Nov. 1, 2009. Amended by
Laws 2025, c. 486, § 548, eff. Jan. 1, 2026.
§63-2200.18. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.18A. Immunity.
A. A person who acts in accordance with this act or with the
applicable anatomical gift law of another state or attempts in good
faith to do so, is not liable for the act in a civil action,
criminal prosecution, or administrative proceeding.
B. Neither the person making an anatomical gift nor the donor’s
estate is liable for any injury or damage that results from the
making or use of the gift.
C. In determining whether an anatomical gift has been made,
amended, or revoked under this act, a person may rely upon
Oklahoma Statutes - Title 63. Public Health and Safety Page 1365
representations of an individual listed in paragraph 2, 3, 4, 5, 6,
7 or 8 of subsection A of Section 9 of this act relating to the
individual’s relationship to the donor or prospective donor unless
the person knows that the representation is untrue.
Added by Laws 2009, c. 139, § 18, eff. Nov. 1, 2009.
§63-2200.19. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.19A. Law governing validity and interpretation -
Presumption of validity.
A. A document of gift is valid if executed in accordance with:
1. This act;
2. The laws of the state or country where it was executed; or
3. The laws of the state or country where the person making the
anatomical gift was domiciled, has a place of residence, or was a
national at the time the document of gift was executed.
B. If a document of gift is valid under this section, the law
of this state governs the interpretation of the document of gift.
C. A person may presume that a document of gift or amendment of
an anatomical gift is valid unless that person knows that it was not
validly executed or was revoked.
Added by Laws 2009, c. 139, § 19, eff. Nov. 1, 2009.
§63-2200.20. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.20A. Life Share Donor Registry.
A. 1. There is hereby established within the State Department
of Health, an organ, eye and tissue donor registry for the State of
Oklahoma to be known as the “Life Share Donor Registry”. The
Department is authorized to contract with the designated organ
procurement organization who shall act on behalf of the Department
by carrying out the functions of the Department in the
administration of the registry, in compliance with 18 U.S.C. Section
2721. The contract between the Department and the designated organ
procurement organization shall be subject to the concurrence and
approval of the Department of Public Safety.
2. The registry shall maintain and update as needed the
pertinent information on all Oklahomans who have indicated a
willingness to be an organ donor, eye donor or tissue donor by a
Oklahoma Statutes - Title 63. Public Health and Safety Page 1366
designation on a driver license, a state identification card, a
donor card, an online or other organ donor registry enrollment form,
or any other document of gift.
3. The registry and all information therein shall be
confidential and shall be subject to access only by the designated
organ procurement organization and by eye banks and tissue banks
licensed by the State of Oklahoma seven (7) days a week, twenty-four
(24) hours per day; however, the personal information and highly
restricted personal information shall only be available to the
designated organ, tissue, and eye procurement organizations solely
for the purpose of identifying a potential donor and only when
acting on behalf of the State Department of Health as prescribed in
paragraph 1 of this subsection. The placement of any personal
information and highly restricted personal information on the
registry that, at the time of placement, was confidential under the
Open Records Act or the Driver’s Privacy Protection Act (DPPA), 18
U.S.C. Sections 2721 through 2725, shall remain confidential.
4. The purpose of the registry shall include, but not be
limited to:
a. providing a means of recovering an anatomical gift for
transplantation or research, and
b. collecting data to develop and evaluate the
effectiveness of educational initiatives promoting
organ, eye and tissue donation.
B. Procedures to administer the Life Share Donor Registry shall
specify:
1. The information placed in the registry may include personal
information and highly restricted personal information, as defined
in 18 U.S.C. Section 2721, and access to such information shall
conform to the Driver’s Privacy Protection Act (DPPA), 18 U.S.C.
Sections 2721 through 2725;
2. Authorization for the designated organ procurement
organization or an eye or tissue bank, licensed by the State of
Oklahoma, to analyze registry data under research protocols directed
toward determination and identification of the means to promote and
increase organ, eye and tissue donation within this state;
3. A process for updating information in the registry including
a method whereby an individual may revoke his or her intent to be an
organ, eye, or tissue donor;
4. The method for making information on the registry available
to the designated organ procurement organizations and to tissue
banks and eye banks licensed by the State of Oklahoma;
5. Limitations on the use of and access to the registry;
6. A toll-free telephone number, available twenty-four (24)
hours a day, for use by the public to obtain information on becoming
an organ, tissue or eye donor;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1367
7. A process for establishing, implementing, maintaining, and
administering an online organ, eye and tissue donor registration
process and ensuring the confidentiality of information provided;
8. A process for a donor who has registered online to sign a
confirmation card that will be returned to the designated organ
procurement organization and made part of the registry record; and
9. Procedures for collaborating with the Department of Public
Safety to transmit stored driver license data by the Department of
Public Safety, in conformance with 18 U.S.C. Section 2721, to the
Life Share Donor Registry maintained by the designated organ
procurement organization, and to ensure the confidentiality of such
information for present and potential donors. Monies credited to
the Oklahoma Organ Donor Education and Awareness Program Revolving
Fund created in Section 2220.3 of Title 63 of the Oklahoma Statutes
may be used for a one-time transfer to the Department of Public
Safety for the reasonable costs associated with the initial
installation and setup of equipment and software for electronic
transfer of donor information. All actual electronic transfers of
donor information shall be at no charge to the designated organ
procurement organization; however, all costs associated with the
creation and maintenance of the Life Share Donor Registry shall be
paid by the designated organ procurement organization.
C. Information obtained by the designated organ procurement
organization shall be used for the purpose of:
1. Establishing a statewide organ, eye, and tissue donor
registry that is accessible to designated organ procurement
organizations and to eye banks and tissue banks, licensed by the
State of Oklahoma, for the recovery, preservation, transportation,
and placement of organs, eyes, and tissue; and
2. Designated organ procurement organizations in other states
when an Oklahoma resident is a donor of an anatomical gift and is
not located in Oklahoma at the time of death or immediately before
the death of the donor.
Added by Laws 2009, c. 139, § 20, eff. Nov. 1, 2009.
§63-2200.21. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.21A. Effect of anatomical gift on advance health care
directive.
A. As used in this section:
1. “Advance health care directive” means a power of attorney
for health care or a record signed or authorized by a prospective
Oklahoma Statutes - Title 63. Public Health and Safety Page 1368
donor containing the prospective donor’s direction concerning a
health care decision for the prospective donor;
2. “Declaration” means a record signed by a prospective donor
specifying the circumstances under which a life support system may
be withheld or withdrawn from the prospective donor; and
3. “Health care decision” means any decision regarding the
health care of the prospective donor.
B. If a prospective donor has a declaration or advance health
care directive and the terms of the declaration or directive and the
express or implied terms of a potential anatomical gift are in
conflict with regard to the administration of measures necessary to
ensure the medical suitability of a part for transplantation or
therapy, the prospective donor’s attending physician and prospective
donor shall confer to resolve the conflict. If the prospective
donor is incapable of resolving the conflict, an agent acting under
the prospective donor’s declaration or directive, or, if none or the
agent is not reasonably available, another person authorized by law
other than this act to make health care decisions on behalf of the
prospective donor, shall act for the donor to resolve the conflict.
The conflict must be resolved as expeditiously as possible.
Information relevant to the resolution of the conflict may be
obtained from the appropriate procurement organization and any other
person authorized to make an anatomical gift for the prospective
donor under Section 9 of this act. Before resolution of the
conflict, measures necessary to ensure the medical suitability of
the part may not be withheld or withdrawn from the prospective donor
if withholding or withdrawing the measures is not contraindicated by
appropriate end-of-life care.
Added by Laws 2009, c. 139, § 21, eff. Nov. 1, 2009.
§63-2200.22. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.22A. Cooperation between medical examiner and procurement
organizations.
A. A medical examiner shall cooperate with procurement
organizations to maximize the opportunity to recover anatomical
gifts for the purpose of transplantation, therapy, research, or
education.
B. If a medical examiner receives notice from a procurement
organization that an anatomical gift might be available or was made
with respect to a decedent whose body is under the jurisdiction of
the medical examiner and a postmortem examination is going to be
performed, unless the medical examiner denies recovery in accordance
Oklahoma Statutes - Title 63. Public Health and Safety Page 1369
with Section 23 of this act, the medical examiner or designee shall
conduct a postmortem examination of the body or the part in a manner
and within a period compatible with its preservation for the
purposes of the gift.
C. A part may not be removed from the body of a decedent under
the jurisdiction of a medical examiner for transplantation, therapy,
research, or education unless the part is the subject of an
anatomical gift. The body of a decedent under the jurisdiction of
the medical examiner may not be delivered to a person for research
or education unless the body is the subject of an anatomical gift.
This subsection does not preclude a medical examiner from performing
the medicolegal investigation upon the body or parts of a decedent
under the jurisdiction of the medical examiner.
Added by Laws 2009, c. 139, § 22, eff. Nov. 1, 2009.
§63-2200.23. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.23A. Facilitation of anatomical gift from body of decedent
under medical examiner's jurisdiction.
A. Upon request of a procurement organization, a medical
examiner shall release to the procurement organization the name,
contact information, and available medical and social history of a
decedent whose body is under the jurisdiction of the medical
examiner. If the decedent’s body or part is medically suitable for
transplantation, therapy, research, or education, the medical
examiner shall release postmortem examination results to the
procurement organization. The procurement organization may make a
subsequent disclosure of the postmortem examination results or other
information received from the medical examiner only if relevant to
transplantation, therapy, research or education.
B. The medical examiner may conduct a medicolegal investigation
by reviewing all medical records, laboratory test results, x-rays,
other diagnostic results, and other information that any person
possesses about a donor or prospective donor whose body is under the
jurisdiction of the medical examiner that the medical examiner
determines may be relevant to the investigation.
C. A person who has any information requested by a medical
examiner pursuant to subsection B of this section shall provide that
information as expeditiously as possible to allow the medical
examiner to conduct the medicolegal investigation within a period
compatible with the preservation of parts for the purpose of
transplantation, therapy, research, or education.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1370
D. If an anatomical gift has been or might be made of a part of
a decedent whose body is under the jurisdiction of the medical
examiner and a postmortem examination is not required, or the
medical examiner determines that a postmortem examination is
required but that the recovery of the part that is the subject of an
anatomical gift will not interfere with the examination, the medical
examiner and procurement organization shall cooperate in the timely
removal of the part from the decedent for the purpose of
transplantation, therapy, research, or education.
E. The medical examiner and procurement organizations shall
enter into an agreement setting forth protocols and procedures to
govern relations between the parties when an anatomical gift of a
part from the decedent under the jurisdiction of the medical
examiner has been or might be made, but the medical examiner
believes that the recovery of the part could interfere with the
postmortem investigation into the decedent’s cause or manner of
death. Decisions regarding the recovery of organs, tissue and eyes
from such a decedent shall be made in accordance with the agreement.
In the event that the medical examiner denies recovery of an
anatomical gift, the procurement organization may request the Chief
Medical Examiner to reconsider the denial and to permit the recovery
to proceed. The parties shall evaluate the effectiveness of the
protocols and procedures at regular intervals but no less frequently
than every two (2) years.
F. If the medical examiner or designee allows recovery of a
part under subsection D or E of this section, the procurement
organization, upon request, shall cause the physician or technician
who removes the part to provide the medical examiner with a record
describing the condition of the part, a biopsy, a photograph, and
any other information and observations that would assist in the
postmortem examination.
G. If a medical examiner or designee is required to be present
at a removal procedure under subsection E of this section, upon
request the procurement organization requesting the recovery of the
part shall reimburse the medical examiner or designee for the
additional costs incurred in complying with subsection E of this
section.
Added by Laws 2009, c. 139, § 23, eff. Nov. 1, 2009.
§63-2200.24. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.24A. Uniformity of application and construction.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1371
In applying and construing this uniform act, consideration must
be given to the need to promote uniformity of the law with respect
to its subject matter among states that enact it.
Added by Laws 2009, c. 139, § 24, eff. Nov. 1, 2009.
§63-2200.25. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.25A. Relation to Electronic Signatures in Global and
National Commerce Act.
This act modifies, limits, and supersedes the Electronic
Signatures in Global and National Commerce Act, 15 U.S.C. Section
7001 et seq., but does not modify, limit or supersede Section 101(a)
of that act, 15 U.S.C. Section 7001, or authorize electronic
delivery of any of the notices described in Section 103(b) of that
act, 15 U.S.C. Section 7003(b).
Added by Laws 2009, c. 139, § 25, eff. Nov. 1, 2009.
§63-2200.26. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.26A. References to act.
Any references in the Oklahoma Statutes to the Uniform
Anatomical Gift Act shall mean the Oklahoma Uniform Anatomical Gift
Act.
Added by Laws 2009, c. 139, § 26, eff. Nov. 1, 2009.
§63-2200.27. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,
2009.
NOTE: This section was held unconstitutional by the Oklahoma
Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008
OK 102 (2009).
§63-2200.27A. Office of Chief Medical Examiner - Compensation from
recovery organizations.
Neither the Office of the Chief Medical Examiner nor any
employee of the Office of the Chief Medical Examiner of this state
shall receive compensation of any kind from any organ, eye or tissue
recovery organization except as provided in subsection G of Section
23 of this act.
Added by Laws 2009, c. 139, § 27, eff. Nov. 1, 2009.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1372
§63-2200.28. Short title - Everett's Law.
This act shall be known and may be cited as "Everett's Law".
Added by Laws 2021, c. 87, § 1, eff. Nov. 1, 2021.
§63-2200.29. Definitions.
As used in this act:
1. "Anatomical gift" means a donation of all or part of a human
body to take effect after the donor's death for the purpose of
transplantation or transfusion;
2. "Auxiliary aids or services" means an aid or service that is
used to provide information to an individual with a cognitive,
developmental, intellectual, neurological or physical disability and
is available in a format or manner that allows the individual to
better understand the information. An auxiliary aid or service may
include:
a. qualified interpreters or other effective methods of
making aurally delivered materials available to
persons with hearing impairments,
b. qualified readers, taped texts, texts in accessible
electronic format or other effective methods of making
visually delivered materials available to persons with
visual impairments,
c. supported decision-making services, including:
(1) the use of a support individual to communicate
information to the individual with a disability,
ascertain the wishes of the individual, or assist
the individual in making decisions,
(2) the disclosure of information to a legal
guardian, authorized representative or another
individual designated by the individual with a
disability for such purpose, as long as the
disclosure is consistent with state and federal
law including the Health Insurance Portability
and Accountability Act of 1996, 42 U.S.C. 1320d
et seq. and any regulations promulgated by the
United States Department of Health and Human
Services to implement the act,
(3) if an individual has a court-appointed guardian
or other individual responsible for making
medical decisions on behalf of the individual,
any measures used to ensure that the individual
is included in decisions involving the
individual's health care and that medical
decisions are in accordance with the individual's
own expressed interests, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1373
(4) any other aid or service that is used to provide
information in a format that is easily
understandable and accessible to individuals with
cognitive, neurological, developmental or
intellectual disabilities, including assistive
communication technology;
3. "Covered entity" means:
a. any licensed provider of health care services
including licensed health care practitioners,
hospitals, nursing facilities, laboratories,
intermediate care facilities, psychiatric residential
treatment facilities, institutions for individuals
with intellectual or developmental disabilities and
prison health centers, or
b. any entity responsible for matching anatomical gift
donors to potential recipients;
4. "Disability" has the meaning stated in the Americans with
Disabilities Act of 1990, as amended by the ADA Amendments Act of
2008, 42 U.S.C. § 12102;
5. "Organ transplant" means the transplantation or transfusion
of a part of a human body into the body of another for the purpose
of treating or curing a medical condition; and
6. "Qualified recipient" means an individual who has a
disability and meets the essential eligibility requirements for the
receipt of an anatomical gift with or without any of the following:
a. individuals or entities available to support and
assist the individual with an anatomical gift or
transplantation,
b. auxiliary aids or services, or
c. reasonable modifications to the policies, practices or
procedures of a covered entity including modifications
to allow for either or both of the following:
(1) communication with one or more individuals or
entities available to support or assist with the
recipient's care and medication after surgery or
transplantation, or
(2) consideration of support networks available to
the individual including family, friends and home
and community-based services including home and
community-based services funded through Medicaid,
Medicare, another health plan in which the
individual is enrolled or any program or source
of funding available to the individual, when
determining whether the individual is able to
comply with post-transplant medical requirements.
Added by Laws 2021, c. 87, § 2, eff. Nov. 1, 2021.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1374
§63-2200.30. Application of act – Consideration of factors by
covered entities.
A. The provisions of this section shall apply to all stages of
the organ transplant process.
B. A covered entity shall not, solely on the basis of an
individual's disability:
1. Consider the individual ineligible to receive an anatomical
gift or organ transplant;
2. Deny medical services or other services related to organ
transplantation including diagnostic services, evaluation, surgery,
counseling, post-operative treatment and services;
3. Refuse to refer the individual to a transplant center or
other related specialist for the purpose of being evaluated for or
receiving an organ transplant;
4. Refuse to place a qualified recipient on an organ transplant
waiting list;
5. Place a qualified recipient on an organ transplant waiting
list at a lower priority position than the position at which the
individual would have been placed if the individual did not have a
disability; or
6. Refuse to accept health insurance coverage for any procedure
associated with being evaluated for or receiving an anatomical gift
or organ transplant including post-transplantation and post-
transfusion care.
C. Notwithstanding subsection B of this section, a covered
entity may take an individual's disability into account when making
treatment or coverage recommendations or decisions, solely to the
extent that the disability has been found by a physician or surgeon,
following an individualized evaluation of the individual, to be
medically significant to the receipt of the anatomical gift.
D. If an individual has the necessary support system to assist
the individual in complying with post-transplant medical
requirements, a covered entity shall not consider the individual's
inability to independently comply with post-transplant medical
requirements to be medically significant for the purposes of
subsection C of this section.
E. A covered entity shall make reasonable modifications to its
policies, practices or procedures to allow individuals with
disabilities access to transplantation-related services including
diagnostic services, surgery, coverage, post-operative treatment and
counseling, unless the entity can demonstrate that making such
modifications would fundamentally alter the nature of such services.
F. A covered entity shall take steps necessary to ensure that
an individual with a disability is not denied medical services or
other services related to organ transplantation including diagnostic
services, surgery, post-operative treatment or counseling, due to
the absence of auxiliary aids or services, unless the covered entity
Oklahoma Statutes - Title 63. Public Health and Safety Page 1375
demonstrates that taking the steps would fundamentally alter the
nature of the medical services or other services related to organ
transplantation or would result in an undue burden for the covered
entity.
G. Nothing in this section shall be construed to require a
covered entity to make a referral or recommendation for or perform a
medically inappropriate organ transplant.
H. A covered entity shall otherwise comply with the
requirements of Titles II and III of the Americans with Disabilities
Act of 1990, as amended by the ADA Amendments Act of 2008.
Added by Laws 2021, c. 87, § 3, eff. Nov. 1, 2021.
§63-2200.31. Civil actions against covered entities.
A. Whenever it appears that a covered entity has violated or is
in violation of any of the provisions of this act, the affected
individual may commence a civil action for injunctive and other
equitable relief against the covered entity for purposes of
enforcing compliance with this act. The action may be brought in
the district court for the county where the affected individual
resides or resided or was denied the organ transplant or referral.
B. In an action brought under this act, the court shall give
priority on its docket and expedited review, and may grant
injunctive or other equitable relief including:
1. Requiring auxiliary aids or services to be made available
for a qualified recipient;
2. Requiring the modification of a policy, practice or
procedure of a covered entity; or
3. Requiring facilities be made readily accessible to and
usable by a qualified recipient.
C. Nothing in this act is intended to limit or replace
available remedies under the Americans with Disabilities Act or any
other applicable law.
D. This act does not create a right to compensatory or punitive
damages against a covered entity.
Added by Laws 2021, c. 87, § 4, eff. Nov. 1, 2021.
§63-2200.32. Prohibited actions by health carriers.
A. For purposes of this section:
1. "Covered person" means a policyholder, subscriber, enrollee,
member or individual covered by a health benefit plan;
2. "Health benefit plan" means a policy, contract, certificate,
or agreement entered into, offered or issued by a health carrier to
provide, deliver, arrange for, pay for or reimburse any of the costs
of health care services. Health benefit plan shall not include a
plan providing coverage for excepted benefits and short term
policies that have a term of less than twelve (12) months; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1376
3. "Health carrier" means an entity subject to the insurance
laws and regulations of this state, or subject to the jurisdiction
of the Insurance Commissioner, that contracts or offers to contract
to provide, deliver, arrange for, pay for or reimburse any of the
costs of health care services including through a health benefit
plan as defined in this section, and shall include a sickness and
accident insurance company, a health maintenance organization, a
preferred provider organization or any similar entity, or any other
entity providing a plan of health insurance or health benefits.
B. A health carrier that provides coverage for anatomical
gifts, organ transplants or related treatment and services shall
not:
1. Deny coverage to a covered person solely on the basis of the
person's disability;
2. Deny to a patient eligibility, or continued eligibility, to
enroll or to renew coverage under the terms of the health benefit
plan, solely for the purpose of avoiding the requirements of this
section;
3. Penalize or otherwise reduce or limit the reimbursement of
an attending provider, or provide monetary or nonmonetary incentives
to an attending provider, to induce such provider to provide care to
an insured or enrollee in a manner inconsistent with this section;
or
4. Reduce or limit coverage benefits to a patient for the
medical services or other services related to organ transplantation
performed pursuant to this section as determined in consultation
with the attending physician and patient.
C. In the case of a health benefit plan maintained pursuant to
one or more collective bargaining agreements between employee
representatives and one or more employers, any plan amendment made
pursuant to a collective bargaining agreement relating to the plan
which amends the plan solely to conform to any requirement imposed
pursuant to this section shall not be treated as a termination of
the collective bargaining agreement.
D. Nothing in this section shall be construed to require a
health carrier to provide coverage for a medically inappropriate
organ transplant.
E. The Insurance Commissioner shall promulgate rules to
implement the provisions of this section.
Added by Laws 2021, c. 87, § 5, eff. Nov. 1, 2021.
§63-2201. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2202. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1377
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2203. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2204. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2205. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2206. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2207. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2208. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2209. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2209.1. Permits - Rules.
A. On or after November 1, 1999, no person, corporation,
partnership, association or other legal entity shall establish,
operate or maintain a tissue bank that procures bone, skin, or
connective tissue unless that entity has been issued a permit by the
State Department of Health.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1378
B. The State Board of Health shall promulgate rules necessary
to implement the provisions of this section which shall include, but
not be limited to:
1. Requirements for the tissue banks to submit an initial
permit application that identifies the proposed service area, the
tissue transplantation patient needs in the service area, the
probable impact of the establishment and operation of the entity on
other tissue banks currently servicing the area, and whether the
tissue bank is a for profit or not for profit entity;
2. A requirement that tissue banks, within one (1) year after
receipt of a permit, be accredited by the American Association of
Tissue Banks or another nationally recognized accreditation
organization for tissue agencies;
3. Provisions that all tissue banks employ a procurement
technician or other technical operations personnel certified as a
Certified Tissue Bank Specialist by the American Association of
Tissue Banks or another nationally recognized accreditation or
certification organization for tissue agencies and personnel;
4. A requirement that each tissue bank maintain compliance with
federal Food and Drug Administration regulations;
5. A provision that each tissue bank have a medical director
who is a physician licensed to practice medicine in this state;
6. Requirements for tissue banks to give priority in tissue
distribution to the Oklahoma medical community and Oklahoma
patients; and
7. A requirement that each tissue bank submit an annual report
to the Department which shall provide the accreditation status of
the entity, report of regulatory or internal inspections that affect
quality, the certification status of personnel employed by the
tissue agency, identity and qualification of the current medical
director, type and geographic origins of donor tissue obtained, and
units of processed tissue used for patients in the service area of
the tissue bank.
C. A permit application or renewal thereof, shall be
accompanied by a non-refundable fee established by the Board of
Health not to exceed One Thousand Dollars ($1,000.00).
D. Upon receipt of a complete initial permit application, the
Department shall cause a public notice of the proposed tissue bank
to be published in a newspaper with the greatest circulation. The
Department shall also provide written notice of the permit
application to existing tissue banks in the state. Any person or
organization may submit written comments regarding the proposed
tissue bank to the Department.
E. The Department shall issue or deny an initial permit within
seventy-five (75) days after publication of the notice. All permits
shall be issued for a period not to exceed thirty-six (36) months
and shall automatically expire unless renewed.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1379
F. The Department may deny, revoke, suspend or not renew a
permit for failure of a tissue bank to comply with the provisions of
this section or rules promulgated pursuant thereto. Any tissue bank
that has been determined by the Department to have violated any
provision of this section or rule promulgated pursuant thereto, is
liable for an administrative penalty of no more than One Hundred
Dollars ($100.00) for each day on which a violation occurs or
continues. The maximum administrative penalty shall not exceed Ten
Thousand Dollars ($10,000.00) for any related series of violations.
G. The issuance, denial, suspension, non-renewal or revocation
of a permit may be appealed under the provisions of Article II of
the Administrative Procedures Act, Section 308a of Title 75 of the
Oklahoma Statutes.
H. The Department may bring an action in a court of competent
jurisdiction for equitable relief to redress or restrain any entity
from providing tissue bank services without a valid permit. Said
court shall have jurisdiction to determine said action, and to grant
the necessary appropriate relief, including but not limited to,
mandatory or prohibitive injunctive relief or interim equitable
relief.
Added by Laws 1999, c. 278, § 4, eff. July 1, 1999. Amended by Laws
2001, c. 353, § 5, eff. Nov. 1, 2001.
§63-2210. Eye recovery by certified eye bank technicians - Eye
banks.
A. 1. With respect to a gift of eyes as provided for in this
chapter, eye bank technicians who have successfully completed a
course in eye recovery in the State of Oklahoma or elsewhere and
have received a certificate of competence from the Eye Bank
Association of America, may recover eyes for such gift after proper
certification of death by a physician and compliance with the extent
of such gift as required by the Oklahoma Uniform Anatomical Gift
Act.
2. No such properly certified eye bank technician acting in
accordance with the terms of this chapter shall have any liability,
civil or criminal, for such eye recovery.
B. No eye bank shall operate in Oklahoma unless the eye bank:
1. Within one (1) year after beginning operation, is accredited
by the Eye Bank Association of America or other nationally
recognized accrediting association for eye banks;
2. Employs an eye bank technician certified by the Eye Bank
Association of America or other nationally recognized accrediting or
certifying association for eye banks;
3. Has as its medical director a board-certified ophthalmic
surgeon licensed to practice in this state; and
4. Gives priority to the needs of patients being treated in
Oklahoma.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1380
C. Before developing a new eye bank, the person proposing to
operate the eye bank shall apply to the State Commissioner of Health
for a permit. The permit application shall be in such form as the
Commissioner shall prescribe and shall include a demonstration of
the eye bank's probable impact on existing eye banks serving the
area where the new eye bank is to be located. The permit
application shall be accompanied by a filing fee equal to one
quarter of one percent (.25%) of the capital cost of the proposed
eye bank, with a minimum fee of Five Hundred Dollars ($500.00).
D. Upon receipt of a completed permit application, the
Commissioner shall cause public notice to be published in a
newspaper of general circulation in the area where the eye bank is
to be located and in a newspaper of general circulation in the area
where the application is available for inspection. Any person may
submit written comments regarding the proposed eye bank to the
Commissioner.
E. The Commissioner shall issue or deny the permit within
seventy-five (75) days after publication of the notice. A permit
shall expire thirty-six (36) months from the date of issue. If
construction is not completed on or before the permit's expiration
date, the permit shall be null and void.
F. Any issuance or denial of a permit may be appealed under
Article II of the Administrative Procedures Act, Section 308a of
Title 75 of the Oklahoma Statutes.
G. Each eye bank operating in this state shall report annually
to the Commissioner on a form prescribed by the Commissioner. The
form shall include information on the following:
1. The accreditation status of the eye bank;
2. The certification status of the eye bank technician;
3. The identity and qualifications of the medical director;
4. The numbers and geographic origins of donor corneas and
whole eyes; and
5. The numbers and geographic destinations of corneas and other
parts of eyes.
Added by Laws 1971, c. 147, § 1, emerg. eff. May 21, 1971, Amended
by Laws 1978, c. 137, § 1; Laws 1997, c. 281, § 3, eff. July 1,
1997; Laws 2009, c. 139, § 28, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 314 was held unconstitutional by the
Oklahoma Supreme Court in the case of Weddington v. Henry, 202 P.3d
143, 2008 OK 102 (2009) and repealed by Laws 2009, c. 139, § 29,
eff. Nov. 1, 2009.
§63-2210.1. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
Oklahoma Statutes - Title 63. Public Health and Safety Page 1381
§63-2211. Donor notation on driver license.
In order to provide an expeditious procedure for a person to
make a gift of all or part of the body of the person pursuant to the
provisions of the Uniform Anatomical Gift Act, Service Oklahoma
shall make space available on the front and back of the driver
license and the identification card for an organ and tissue donor
notation. The donor notation shall identify the licensee or
cardholder as an organ and tissue donor for the purposes of the
Uniform Anatomical Gift Act. Any person may have the organ and
tissue donor notation removed from the records of the person
maintained by Service Oklahoma by notifying Service Oklahoma in
writing or by presenting the license or identification card to
Service Oklahoma or a licensed operator for replacement and payment
of the appropriate fee, pursuant to the provisions of Section 6-114
or subsection H of Section 6-105 of Title 47 of the Oklahoma
Statutes, and informing Service Oklahoma or the licensed operator
that the person desires to have the organ and tissue donor notation
removed from the license or identification card.
Added by Laws 1983, c. 173, § 1, eff. Jan. 1, 1984. Amended by Laws
1987, c. 2, § 1, eff. Nov. 1, 1987; Laws 1992, c. 217, § 18, eff.
July 1, 1992; Laws 2004, c. 395, § 3, eff. July 1, 2004; Laws 2022,
c. 282, § 196, emerg. eff. May 19, 2022.
§63-2212. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2213. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2214. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2215. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2216. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
Oklahoma Statutes - Title 63. Public Health and Safety Page 1382
§63-2217. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2218. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2220.1. Short title.
This act shall be known and may be cited as the “Cheryl Selman
Organ Donor Education and Awareness Act”. Any references in the
statutes to the Oklahoma Organ Donor Education and Awareness Program
Act shall be deemed references to the Cheryl Selman Organ Donor
Education and Awareness Act.
There is hereby created the Organ Donor Education and Awareness
Program (ODEAP), the purpose of which shall be to promote and
encourage organ donor education and awareness in this state.
Added by Laws 2000, c. 279, § 1, eff. Nov. 1, 2000.
§63-2220.2. Organ donor education and awareness programs.
A. The State Department of Health and the State Department of
Education, giving consideration to the recommendations of the
Advancement of Wellness Advisory Council created in Section 44 of
this act, shall develop organ donor education awareness programs to
educate the general public on the importance of organ donation and
shall recommend priorities in the expenditures from the Oklahoma
Organ Donor Education and Awareness Program Fund.
B. In administering this act, the State Department of Health
and the State Department of Education are authorized, but not
limited to:
1. Develop and implement educational programs and campaigns to
increase organ donation in Oklahoma;
2. Make policy recommendations for the promotion of organ
donation in Oklahoma;
3. Recommend priorities in the expenditures from the Oklahoma
Organ Donor Education Program Fund;
4. Accept and hold property; and
5. Utilize local resources including volunteers when
appropriate.
C. The State Department of Health and the State Department of
Education shall annually submit to the Governor and the Legislature
a report detailing its expenditures of fund monies, its activities,
the status of organ donation in the state, and any recommendations
Oklahoma Statutes - Title 63. Public Health and Safety Page 1383
for legislative changes by the first day of December beginning
December 1, 2002.
Added by Laws 2000, c. 279, § 2, eff. Nov. 1, 2000. Amended by Laws
2013, c. 229, § 75, eff. Nov. 1, 2013.
§63-2220.3. Oklahoma Organ Donor Education and Awareness Program
Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the State Department of Health, to be designated the
"Oklahoma Organ Donor Education and Awareness Program Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
State Department of Health from:
1. Any state monies appropriated for the purpose of
implementing the provisions of the Oklahoma Organ Donor Education
and Awareness Program Act; and
2. Any monies collected pursuant to this section or any other
monies available to the State Department of Health to implement the
provisions of the Oklahoma Organ Donor Education and Awareness
Program Act.
B. All monies accruing to the credit of the fund are hereby
appropriated and shall be budgeted and expended to promote and
encourage organ donor education and awareness.
C. Monies credited to the fund, excluding administrative fees
paid to the Oklahoma Tax Commission, may be used for, but are not
limited to:
1. Administration of the Oklahoma Organ Donor Education and
Awareness Program Act;
2. Development and promotion of organ donor public education
and awareness programs in cooperation with the Oklahoma Organ
Sharing Network including, but not limited to, the American Red
Cross and the Oklahoma Lions Eye Bank;
3. To assist in the publication of information pamphlets or
booklets by the State Department of Health and the State
Superintendent of Public Instruction regarding organ donation and
donations to the Oklahoma Organ Donor Education and Awareness
Program Revolving Fund. The State Department of Health shall
distribute such informational pamphlets or booklets to Service
Oklahoma for distribution to applicants for original, renewal, or
replacement driver licenses and identification cards when making a
voluntary contribution pursuant to Section 2220.5 of this title and
to the Oklahoma Tax Commission for distribution to individuals when
making a voluntary contribution pursuant to the state income tax
check off provided for in Section 2220.4 of this title;
4. Implementation of organ donor education and awareness
programs in the elementary and secondary schools of this state by
the State Department of Education;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1384
5. Grants by the State Department of Health to certified organ
procurement organizations for the development and implementation of
organ donor education and awareness programs in this state;
6. Encouraging the incorporation of organ donor information
into the medical and nursing school curriculums of the state's
medical and nursing schools. If funds are provided to a university
for this educational purpose, the university shall annually evaluate
the extent to which the curriculum has affected the attitudes of its
students and graduates with regard to organ donation and shall
forward the evaluation results to the State Department of Health;
and
7. A reserve fund in an interest-bearing account with five
percent (5%) of the monies received by the fund annually to be
placed in this account. No funds may be expended from the reserve
fund account until the required balance has reached One Hundred
Thousand Dollars ($100,000.00) and then these funds may only be used
in years when donations do not meet the average normal operating fee
incurred by the fund, and funds are expended to meet expenses. Once
the balance in the reserve fund account reaches One Hundred Thousand
Dollars ($100,000.00), excess funds earned by interest, and yearly
allocations may be used at the discretion of the State Department of
Health to cover operating costs and to provide additional funds.
D. The fund may accept bequests and grants from individuals,
corporations, organizations, associations, and any other source.
The fund supplements and augments services provided by state
agencies and does not take the place of such services.
E. 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 2000, c. 279, § 3, eff. Nov. 1, 2000. Amended by Laws
2001, c. 131, § 13, eff. July 1, 2001; Laws 2012, c. 304, § 511;
Laws 2013, c. 229, § 76, eff. Nov. 1, 2013; Laws 2022, c. 282, §
197, emerg. eff. May 19, 2022.
§63-2220.4. Income tax return contributions.
A. Each individual taxpayer required to file a state income tax
return who desires to contribute to the Oklahoma Organ Donor
Education and Awareness Program Fund, as created in Section 2220.3
of this title, may designate the contribution on the appropriate
income tax form. The contribution may not increase or decrease the
income or liability of the taxpayer and may be made by reducing the
income tax refund of a taxpayer by the amount designated or by
accepting additional payment from the taxpayer by the amount
designated, whichever is appropriate.
B. 1. The Oklahoma Tax Commission shall include on each state
individual income tax return form for tax years beginning after
Oklahoma Statutes - Title 63. Public Health and Safety Page 1385
December 31, 2001, an opportunity for the taxpayer to donate for the
benefit of the Oklahoma Organ Donor Education and Awareness Program
Fund. The instructions accompanying the income tax form shall be
provided to the Oklahoma Tax Commission by the State Department of
Health and shall contain a description of the purpose for which the
Oklahoma Organ Donor Education and Awareness Program Revolving Fund
was established and information on the use of monies from the income
tax contribution.
2. Taxpayers who are entitled to refunds shall have the refunds
reduced by the amount designated by the taxpayer. The Oklahoma Tax
Commission shall annually determine the total amount designated plus
the amount received in excess payments and shall report the total
amount to the Office of the State Treasurer. The State Treasurer
shall credit the total amount to the Oklahoma Organ Donor Education
and Awareness Program Fund created in Section 2220.3 of this title
at the earliest possible time.
C. The incremental cost of administration of contributions
shall be paid out of the fund to the Oklahoma Tax Commission from
amounts received pursuant to this section before funds are expended
for the purposes of the fund.
Added by Laws 2000, c. 279, § 4, eff. Nov. 1, 2000. Amended by Laws
2001, c. 358, § 27, eff. July 1, 2001.
§63-2220.5. Driver license or identification applications -
Voluntary contributions.
A. 1. An applicant for an original or replacement driver
license or identification card shall be given an opportunity to make
a voluntary contribution of One Dollar ($1.00) to be credited to the
Oklahoma Organ Donor Education and Awareness Program Revolving Fund
established in Section 2220.3 of this title. Any voluntary
contribution shall be added to the driver license or identification
card fee and then be referred to the State Treasurer and credited to
the Oklahoma Organ Donor Education and Awareness Program Revolving
Fund as provided in Section 2220.3 of this title.
2. An applicant for a vehicle title or transfer of title or for
a vehicle license plate shall be given an opportunity to make a
minimum voluntary contribution of One Dollar ($1.00) to be credited
to the Oklahoma Organ Donor Education and Awareness Program
Revolving Fund established in Section 2220.3 of this title. Any
voluntary contribution shall be added to the title or license plate
fee and then be referred to the State Treasurer and credited to the
Oklahoma Organ Donor Education and Awareness Program Revolving Fund
as provided in Section 2220.3 of this title.
3. The contribution prescribed in this section is voluntary and
may be refused by the applicant. Service Oklahoma shall make
available an information booklet or other informational sources on
the importance of organ donation to applicants for licensure, as
Oklahoma Statutes - Title 63. Public Health and Safety Page 1386
designed and provided by the State Department of Health and the
State Superintendent of Public Instruction.
B. Service Oklahoma and licensed operators shall inquire of
each applicant at the time of presentation of a completed
application for an original driver license or identification card
whether the applicant is interested in making the One Dollar ($1.00)
contribution prescribed in subsection A of this section and whether
the applicant is interested in being an organ and tissue donor.
Service Oklahoma or licensed operators shall also specifically
inform the applicant of the ability to make an organ and tissue
donation. Service Oklahoma shall notify the State Commissioner of
Health of the name, address, date of birth, and driver license
number or identification card number of applicants who indicate that
they are interested in being an organ donor.
C. The incremental cost of administration of contributions to
the fund, not to exceed one percent (1%) of the monies received
pursuant to the provisions of this section, shall be paid by the
fund to Service Oklahoma from amounts received pursuant to the
provisions of this section before funds are expended for the
purposes of the fund.
Added by Laws 2000, c. 279, § 5, eff. Nov. 1, 2000. Amended by Laws
2001, c. 131, § 14, eff. July 1, 2001; Laws 2004, c. 395, § 4, eff.
July 1, 2004; Laws 2013, c. 229, § 77, eff. Nov. 1, 2013; Laws 2022,
c. 282, § 198, emerg. eff. May 19, 2022.
§63-2220.6. Education and awareness curricula for elementary and
secondary schools.
The State Superintendent of Public Instruction shall develop and
implement in conjunction with the State Department of Health an
organ donor education and awareness curriculum for use in the
elementary and secondary schools of this state. The State Board of
Education shall promulgate rules to enact the provisions of this
section not later than the 2001-2002 school year.
Added by Laws 2000, c. 279, § 6, eff. Nov. 1, 2000. Amended by Laws
2013, c. 229, § 78, eff. Nov. 1, 2013.
§63-2220.10. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1,
2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2220.11. Renumbered as § 848-2.20B of Title 74 by Laws 2002, c.
451, § 2, eff. July 1, 2002.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1387
§63-2251. Renumbered as § 1-2300 of this title by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Also renumbered as § 1-2300 of this
title by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2252. Renumbered as § 1-2301 of this title by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Amended and also renumbered as § 1-
2301 of this title by Laws 1990, c. 225, §§ 1 and 11, respectively,
eff. Sept. 1, 1990.
§63-2253. Renumbered as §1-2302 of this title by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990.
§63-2254. Renumbered as § 1-2303 of this title by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Amended and also renumbered as § 1-
2303 of this title by Laws 1990, c. 225, §§ 3 and 11, respectively,
eff. Sept. 1, 1990.
§63-2255.1. Renumbered as § 1-2401 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2401 of Title 63
by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.2. Renumbered as § 1-2402 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2402 of Title 63
by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.3. Renumbered as § 1-2403 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2403 of Title 63
by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.4. Renumbered as § 1-2404 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2404 of Title 63
by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.4A. Renumbered as § 1-2405 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2405 of Title 63
by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.5. Renumbered as § 1-2406 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2406 of Title 63
by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.6. Renumbered as § 1-2407 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2407 of Title 63
by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1388
§63-2255.7. Renumbered as § 1-2408 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2408 of Title 63
by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.8. Renumbered as § 1-2409 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2409 of Title 63
by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.9. Renumbered as § 1-2410 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2410 of Title 63
by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.10. Renumbered as § 1-2411 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2411 of Title 63
by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2256. Renumbered as § 1-2412 of Title 63 by Laws 1990, c. 225,
§ 11, eff. Sept. 1, 1990.
§63-2257. Renumbered as § 1-2413 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990 and Laws 1990, c. 225, § 11, eff. Sept. 1,
1990.
§63-2258. Renumbered as § 1-2414 of this title by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff.
Sept. 1, 1990.
§63-2258.2. Renumbered as § 1-2415 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff.
Sept. 1, 1990.
§63-2258.3. Renumbered as § 1-2416 of Title 63 by Laws 1990, c.
210, § 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff.
Sept. 1, 1990.
§63-2258.4. Renumbered as § 1-2416.1 of this title by Laws 1991, c.
336, § 10, eff. July 1, 1991.
§63-2259. Renumbered as § 1-2417 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept.
1, 1990.
§63-2259.1. Repealed by Laws 1990, c. 225, § 12, eff. Sept. 1,
1990.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1389
§63-2260. Renumbered as § 1-2418 of this title by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff.
Sept. 1, 1990.
§63-2261. Renumbered as § 1-2419 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept.
1, 1990.
§63-2263. Repealed by Laws 1990, c. 225, § 12, eff. Sept. 1, 1990.
§63-2264. Repealed by Laws 1990, c. 225, § 12, eff. Sept. 1, 1990.
§63-2351. Definitions.
As used in this act:
1. "Safety glazing material" means any glazing material, such
as tempered glass, laminated glass, wire glass or rigid plastic,
which meets the test requirements of ANSI Standard Z-97.1-1966 and
such further requirements as may be adopted by the State Health
Department after notice and hearing as required by the
Administrative Procedures Act, and which are so constructed, treated
or combined with other materials as to minimize the likelihood of
cutting and piercing injuries resulting from human contact with the
glazing material.
2. "Hazardous locations" means those installations, glazed or
to be glazed in commercial and public buildings, known as framed or
unframed glass extrance doors; and those installations, glazed or to
be glazed in residential buildings and other structures used as
dwellings, commercial buildings, and public buildings, known as
sliding glass doors, storm doors, shower doors, bathtub enclosures,
and fixed glazed panels adjacent to entrance and exit doors which
because of their location present a barrier in the normal path
traveled by persons going into or out of these buildings, and
because of their size and design may be mistaken as means of ingress
or egress; and any other installation, glazed or to be glazed,
wherein the use of other than safety glazing materials would
constitute an unreasonable hazard as the State Department of Health
may determine after notice and hearings as required by the
Administrative Procedures Act; whether or not the glazing in such
doors, panels, enclosures and other installations is transparent.
Added by Laws 1971, c. 217, § 1, eff. Jan. 1, 1972.
§63-2352. Labeling.
Each light of safety glazing material manufactured, distributed,
imported or sold for use in hazardous locations or installed in such
a location within the State of Oklahoma shall be permanently labeled
by such means as etching, sandblasting or firing ceramic material on
the safety glazing material. The label shall identify the labeler,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1390
whether manufacturer, fabricator or installer, and the nominal
thickness and the type of safety glazing material and the fact that
said material meets the test requirements of ANSI Standard Z-97.1-
1966 and such other further requirements as may be adopted by the
State Health Department. The label must be legible and visible
after installation. Such safety glazing labeling shall not be used
on other than safety glazing materials.
Added by Laws 1971, c. 217, § 2, eff. Jan. 1, 1972.
§63-2353. Safety glazing materials required in hazardous locations.
It shall be unlawful within the State of Oklahoma to knowingly
sell, fabricate, assemble, glaze, install, consent or cause to be
installed glazing material other than safety glazing materials in,
or for use in, any hazardous location as defined in Section 1,
paragraph 2.
Added by Laws 1971, c. 217, § 3, eff. Jan. 1, 1972.
§63-2354. Employees - Nonliability.
No liability under this act shall be created as to workmen who
are employees of a contractor, subcontractor or other employer
responsible for compliance with this act.
Added by Laws 1971, c. 217, § 4, eff. Jan. 1, 1972.
§63-2355. Law governing.
Local ordinances that substantially comply to this act shall
take precedence over this act.
Added by Laws 1971, c. 217, § 5, eff. Jan. 1, 1972.
§63-2356. Penalties.
Whoever violates the provisions of this act shall be guilty of a
misdemeanor and upon conviction thereof, shall be sentenced to pay a
fine of not less than Five Hundred Dollars ($500.00) or imprisonment
of not more than one (1) year, or both.
Added by Laws 1971, c. 217, § 6, eff. Jan. 1, 1972.
§63-2407. Short title.
Sections 2407 through 2415 of this title shall be known and may
be cited as the "Oklahoma Legal Interpreter for the Deaf and Hard-
of-Hearing Act".
Added by Laws 1982, c. 290, § 1. Amended by Laws 2005, c. 395, § 1,
eff. Nov. 1, 2005.
§63-2408. Definitions.
As used in the Oklahoma Legal Interpreter for the Deaf and Hard-
of-Hearing Act:
1. "Deaf person" or "hard-of-hearing person" means an
individual whose sense of hearing is nonfunctional for the ordinary
Oklahoma Statutes - Title 63. Public Health and Safety Page 1391
purposes of life, and also may include a person who is deaf-blind,
meaning a deaf or hard-of-hearing person whose vision is also
nonfunctional for the ordinary purposes of life;
2. "Qualified legal interpreter" means:
a. an individual certified by the State Board of
Examiners of Certified Courtroom Interpreters, or
b. (1) an individual who possesses the knowledge and
skills necessary to accurately and impartially
interpret spoken English into the equivalent
visual languages and modes, and currently
certified by the National Registry of
Interpreters for the Deaf (RID) as one of the
following:
(a) Specialist Certificate: Legal (SC:L). In
the event none are available, then
(b) Another RID national certification,
including, but not limited to, the National
Interpreter Certification (NIC), Certificate
of Interpretation and Certificate of
Transliteration (CI & CT), or Comprehensive
Skills Certificate (CSC),
(2) an individual who possesses the knowledge and
skills necessary to accurately and impartially
transliterate for a person who is oral or
nonsigning using the equivalent oral or captioned
mode, and is currently certified by the National
Registry of Interpreters for the Deaf as one of
the following:
(a) Specialist Certificate: Legal (SC:L). In
the event none are available, then
(b) Another RID national certification,
including, but not limited to, the NIC,
Certificate of Interpretation and
Certificate of Transliteration (CI & CT), or
Comprehensive Skills Certificate (CSC),
(c) In the event none are available, or at the
request of the deaf individual, then a
recognized national or state certifying body
of captionists, or a court reporter who is
able to provide real time captioning, or
(3) an individual who:
(a) is deaf or hard-of-hearing who possesses the
knowledge, skills, specialized training and
experience to enhance communication with
persons who are deaf or hard-of-hearing and
whose communication modes are so unique that
Oklahoma Statutes - Title 63. Public Health and Safety Page 1392
they cannot be adequately assessed by
interpreters who are hearing, and
(b) holds the following qualifications as a deaf
interpreter: National Registry of
Interpreters for the Deaf, Certified Deaf
Interpreter (CDI); in the event none are
available, then an Oklahoma QAST Deaf
Evaluator may be utilized; and
3. "Appointing authority" means any court, department, board,
commission, agency, licensing authority, political subdivision or
municipality of the state.
Added by Laws 1982, c. 290, § 2. Amended by Laws 2005, c. 395, § 2,
eff. Nov. 1, 2005; Laws 2023, c. 179, § 1, eff. Nov. 1, 2023.
§63-2409. Appointment of interpreter in court action or grand jury
proceeding.
A. In any case before any state or local court or grand jury,
wherein a person who is deaf or hard-of-hearing is a litigant,
defendant, spectator as required by subtitle A of Title II of the
Americans with Disabilities Act, Pub. L. 101-336, witness, party,
prospective juror, or juror, the court shall, upon request, appoint
a qualified legal interpreter to interpret the proceedings to the
deaf or hard-of-hearing person and interpret testimony or statements
and to assist in preparation and communication with counsel within
the context of the court proceeding. The court shall not be
responsible for providing an interpreter for attorney-client
communications which are not immediately ancillary to the court
proceeding or for meetings at the private counsel's office. The
individual who is deaf or hard-of-hearing shall determine which type
of qualified legal interpreter or captioning best fits the needs of
the individual.
B. Efforts to obtain the services of a qualified legal
interpreter with the highest available level of certification, skill
and specialized training in the area of legal interpretation for the
deaf or hard-of-hearing will be made prior to accepting services of
an interpreter with lesser certification and skill. Once a
qualified legal interpreter is appointed, the interpreter shall be
afforded the time necessary to make a language assessment in order
to ensure effective communication, and to assess whether a deaf
interpreter may also be necessary. Based on the language
assessment, the interpreter will make recommendations to the court.
C. The provisions of this section shall be construed in
conjunction with Sections 1701 through 1710 of Title 20 of the
Oklahoma Statutes.
Added by Laws 1982, c. 290, § 3. Amended by Laws 1989, c. 194, § 1,
eff. Nov. 1, 1989; Laws 1995, c. 73, § 2, emerg. eff. April 12,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1393
1995; Laws 2005, c. 395, § 3, eff. Nov. 1, 2005; Laws 2023, c. 179,
§ 2, eff. Nov. 1, 2023.
§63-2410. Arrests - Appointment of interpreter.
A. In the event a person who is deaf or hard-of-hearing is
arrested and taken into custody for any alleged violation of a
criminal law of this state or for civil contempt, a qualified legal
interpreter shall be obtained through any interpreter service agency
providing qualified legal interpreting services for the deaf and
hard-of-hearing or with individuals who meet the qualifications for
a qualified legal interpreter in order to communicate to the person
that person’s legal rights and to interview and interrogate
properly. No statement taken from such deaf or hard-of-hearing
person before a qualified legal interpreter is present shall be
admissible in court. The individual who is deaf or hard-of-hearing
shall determine which type of qualified legal interpreter best fits
the needs of the individual.
B. The provisions of this section shall be construed in
conjunction with Sections 1 through 10 of Senate Bill No. 779 of the
1st Session of the 50th Oklahoma Legislature, if that bill is
enacted.
Added by Laws 1982, c. 290, § 4. Amended by Laws 2005, c. 395, § 4,
eff. Nov. 1, 2005.
§63-2411. Administrative proceedings - Appointment of interpreter.
In any proceeding before any department, board, commission,
agency or licensing authority of the state, in any political
subdivision or municipality, wherein any deaf or hard-of-hearing
person is a defendant, applicant, spectator as required by subtitle
A of Title II of the Americans with Disabilities Act, Pub. L. 101-
336, complainant, principal witness or party, such department,
board, commission, agency, licensing authority, political
subdivision or municipality shall appoint a qualified legal
interpreter upon request of the deaf or hard-of-hearing individual.
The individual who is deaf or hard-of-hearing shall determine which
type of qualified legal interpreter best fits the needs of the
individual. It shall be the duty of the appointing authority to
inform the deaf or hard-of-hearing person of the rights of that
person to the services of an interpreter.
Added by Laws 1982, c. 290, § 5. Amended by Laws 1989, c. 194, § 2,
eff. Nov. 1, 1989; Laws 2005, c. 395, § 5, eff. Nov. 1, 2005.
§63-2412. Notice of necessity of interpreter - Proof of hearing
loss.
Every deaf or hard-of-hearing person whose appearance in any
proceeding entitles that person to a qualified legal interpreter
shall make a good faith effort to notify the appointing authority of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1394
the desire of the person for an interpreter. An appointing
authority may require a person requesting the appointment of an
interpreter to furnish reasonable proof of hearing loss when the
appointing authority has reason to believe that the person does not
have a hearing loss.
Added by Laws 1982, c. 290, § 6. Amended by Laws 2005, c. 395, § 6,
eff. Nov. 1, 2005.
§63-2413. Request for interpreter.
It shall be the responsibility of the appointing authority to
request interpreter services through any interpreter service agency
providing qualified legal interpreting services for the deaf and
hard-of-hearing or with individuals who meet the qualifications for
a qualified legal interpreter.
Added by Laws 1982, c. 290, § 7. Amended by Laws 1986, c. 7, § 3,
eff. July 1, 1986; Laws 1995, c. 73, § 3, emerg. eff. April 12,
1995; Laws 2005, c. 395, § 7, eff. Nov. 1, 2005.
§63-2413.1. Contracts with employees of other state agencies for
interpreter services.
Any agency of this state that requires the services of a
qualified interpreter for a deaf person is authorized to enter into
contracts with employees of other state agencies if the work hours
of employment would not be contemporaneous except as otherwise
authorized by the agency who is the employer of such interpreter.
Added by Laws 1988, c. 69, § 1, emerg. eff. March 25, 1988.
§63-2414. Oath or affirmation of true interpretation.
Before a qualified legal interpreter may participate in any
proceedings under the provisions of the Oklahoma Legal Interpreter
for the Deaf and Hard-of-Hearing Act, such interpreter shall make an
oath or affirmation that the interpreter will make a true
interpretation in the manner most readily understood by the person
who is deaf or hard-of-hearing.
Added by Laws 1982, c. 290, § 8. Amended by Laws 2005, c. 395, § 8,
eff. Nov. 1, 2005.
§63-2415. Interpreter’s fees – Recess periods.
A. A qualified legal interpreter appointed under the provisions
of the Oklahoma Legal Interpreter for the Deaf and Hard-of-Hearing
Act shall be entitled to the prevailing rate for qualified legal
interpreters in this state; provided, any interpreter who is
appointed pursuant to Section 2409 or 2410 of this title shall be
paid in accordance with the fee schedule established pursuant to
Section 7 of Senate Bill No. 779 of the 1st Session of the 50th
Oklahoma Legislature, if that bill is enacted. Prior to the
establishment of a fee schedule or if Senate Bill No. 779 of the 1st
Oklahoma Statutes - Title 63. Public Health and Safety Page 1395
Session of the 50th Oklahoma Legislature is not enacted, payment
shall be the prevailing rate for qualified legal interpreters in
this state. When the interpreter is appointed by a court, the fee
shall be paid out of the local court fund as provided for in Section
1304 of Title 20 of the Oklahoma Statutes and when the interpreter
is otherwise appointed, the fee shall be paid by the appointing
authority. The person for whom the interpreter is appointed shall
not be assessed a reimbursement fee.
B. The appointing authority shall provide recess periods as
necessary for the qualified legal interpreter as determined by the
interpreter.
Added by Laws 1982, c. 290, § 9. Amended by Laws 1989, c. 194, § 3,
eff. Nov. 1, 1989; Laws 1995, c. 73, § 4, emerg. eff. April 12,
1995; Laws 1999, c. 11, § 1, emerg. eff. April 5, 1999; Laws 2005,
c. 395, § 9, eff. Nov. 1, 2005.
§63-2416. Short title.
This act shall be known and may be cited as the
"Telecommunications for the Deaf and Hard-of-Hearing Act".
Added by Laws 1986, c. 183, § 1, eff. July 1, 1986. Amended by Laws
1998, c. 246, § 24, eff. Nov. 1, 1998.
§63-2417. Duties and responsibilities of State Department of
Rehabilitation Services.
The State Department of Rehabilitation Services is hereby
directed to:
1. Provide for the availability, distribution and maintenance,
at no cost to qualified individuals with hearing or speech
disabilities, or both, telecommunication devices and ring-signaling
devices compatible with the telecommunications relay services for
deaf or hard-of-hearing and speech-impaired individuals requirements
of the Americans with Disabilities Act of 1990 and regulations
promulgated thereunder; and
2. Design and implement a needs assessment test so that
individuals with hearing or speech disabilities, or both, are
benefited by this program. Provided, however, that no equipment and
maintenance shall be provided without charge for those individuals
meeting more than two hundred percent (200%) of the income
guidelines for food stamps. The State Department of Rehabilitation
Services shall develop a sliding scale to provide equipment and
maintenance to individuals exceeding the needs test specified by
this paragraph.
Added by Laws 1986, c. 183, § 2, eff. July 1, 1986. Amended by Laws
1993, c. 364, § 19, emerg. eff. June 11, 1993; Laws 1994, c. 315, §
13, eff. July 1, 1994; Laws 1998, c. 246, § 25, eff. Nov. 1, 1998.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1396
§63-2418. Telephone access line surcharge - Telecommunications for
the Hearing Impaired Revolving Fund.
A. There is hereby imposed a surcharge of five cents ($0.05)
per local exchange telephone access line per month to pay for the
equipment and maintenance program provided for in Section 2417 of
this title and to provide for other needed services for the deaf,
severely hard-of-hearing, severely speech-impaired and deaf-blind
programs administered through the State Department of Rehabilitation
Services, such surcharge to be paid by each local exchange
subscriber to local telephone service in this state, unless such
subscriber is otherwise exempt from taxation.
B. The surcharge shall be collected on the regular monthly bill
by each local exchange telephone company operating in this state and
shall be remitted quarterly to the Oklahoma Tax Commission no later
than twenty (20) days following the end of each quarter.
C. There is hereby created in the State Treasury the
Telecommunications for the Deaf and Hard-of-Hearing Revolving Fund.
The fund shall consist of monies imposed in subsection A of this
section. All monies accruing to the fund are hereby appropriated
and may be budgeted and expended by the State Department of
Rehabilitation Services. The fund shall be a continuing fund not
subject to fiscal year limitations and expenditures from said fund
shall be made upon warrants issued by the State Treasurer against
claims submitted to the Director of the Office of Management and
Enterprise Services for the purpose of implementation of this act.
Added by Laws 1986, c. 183, § 3, eff. July 1, 1986. Amended by Laws
1987, c. 5, § 140, operative March 31, 1987; Laws 1987, c. 196, §
17, operative July 1, 1987; Laws 1994, c. 315, § 14, eff. July 1,
1994; Laws 1998, c. 246, § 26, eff. Nov. 1, 1998; Laws 2012, c. 357,
§ 3, eff. July 1, 2012; Laws 2013, c. 15, § 78, emerg. eff. April 8,
2013.
NOTE: Laws 2012, c. 304, § 512 repealed by Laws 2013, c. 15, § 79,
emerg. eff. April 8, 2013.
§63-2418.1. Certified local exchange telephone companies -
Compliance with federal legislation - Assessment of surcharge.
Each certified local exchange telephone company shall comply
with the provisions of the Americans with Disabilities Act of 1990
and regulations promulgated thereunder relating to
telecommunications relay services for deaf and hard-of-hearing and
speech-impaired individuals and shall assess a surcharge to each
customer on a per line per month basis to recover the costs
associated with such compliance and advise the Commission of any
changes.
Added by Laws 1994, c. 315, § 15, eff. July 1, 1994. Amended by
Laws 1998, c. 246, § 27, eff. Nov. 1, 1998.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1397
§63-2419. Collection of revenues to cease under certain conditions.
If the revenues collected under this act exceed the costs of
operating the program provided for in this act, and if such excess
at any time equals the three-year average of expenditures under this
act then such collections shall cease until one half of such surplus
has been exhausted.
Added by Laws 1986, c. 183, § 4, eff. July 1, 1986.
§63-2451. Renumbered as § 1-2517 of this title by Laws 1999, c.
156, § 5, eff. Nov. 1, 1999.
§63-2452. Renumbered as § 1-2518 of this title by Laws 1999, c.
156, § 5, eff. Nov. 1, 1999.
§63-2453. Renumbered as § 1-2519 of this title by Laws 1999, c.
156, § 5, eff. Nov. 1, 1999.
§63-2454. Renumbered as § 1-2520 of this title by Laws 1999, c.
156, § 5, eff. Nov. 1, 1999.
§63-2455. Renumbered as § 1-2521 of this title by Laws 1999, c.
156, § 5, eff. Nov. 1, 1999.
§63-2501. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2502. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2503. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2504. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2505. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2506. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2507. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2508. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2508.1. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2509. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2510. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2511. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1398
§63-2512. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2513. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2514. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2521. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2522. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2523. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2524. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2525. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2525.1. Renumbered as § 2508.1 of this title by Laws 1995, c.
204, § 9, eff. July 1, 1995.
§63-2525.2. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2525.3. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2525.4. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2525.5. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2525.6. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2525.7. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2526. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2527. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2528.1. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.2. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.3. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.4. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1399
§63-2528.5. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.6. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.7. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.8. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.9. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.10. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-1-2550. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
§63-2550.1. Definitions.
As used in Sections 2550.1 through 2550.4 of this title:
1. “Covered person” means an individual who receives medical
care and treatment through a managed care plan. In the case of a
minor child, the term includes the parent or legal guardian of the
child and, in the case of an incapacitated or partially
incapacitated person, the legal guardian of that person;
2. “Degenerative and disabling condition or disease” means a
condition or disease caused by a congenital or acquired injury or
illness that requires a specialized rehabilitation program or a high
level of care, service, resources or continued coordination of care
in the community;
3. “Designee of the covered person” means an individual
designated by the covered person to represent the interests of the
covered person, including the covered person’s provider;
4. “Managed care plan” means a plan operated by a managed care
entity, including the Oklahoma State and Education Employees Group
Insurance Board, that provides for the financing and delivery of
health care services to persons enrolled in such plan through:
a. arrangements with selected providers to furnish health
care services,
b. standards for the selection of participating
providers,
c. organizational arrangements for ongoing quality
assurance, utilization review programs, and dispute
resolution, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1400
d. financial incentives for persons enrolled in the
managed care plan to use the participating providers
and procedures provided for by the managed care plan;
provided, however, the term “managed care plan” shall not include a
preferred provider organization (PPO) as defined in Section 6054 of
Title 36 of the Oklahoma Statutes, or a certified workplace medical
plan as defined in Section 14.2 of Title 85 of the Oklahoma
Statutes;
5. “Provider” shall have the same meaning as such term is
defined by a health maintenance organization, an indemnity plan or a
preferred provider organization; and
6. “Treatment plan” means a proposal developed for a covered
person that is specifically tailored to the individual’s treatment
needs for a specific illness or condition, and that includes, but is
not limited to:
a. a statement of treatment goals or objectives, based
upon and related to a medical evaluation,
b. treatment methods and procedures to be used to obtain
these goals, and
c. identification of the types of professional personnel
who will carry out the treatment procedures.
Added by Laws 1999, c. 361, § 1, eff. Nov. 1, 1999. Amended by Laws
2000, c. 292, § 4, eff. Nov. 1, 2000.
§63-2550.2. Referral to and treatment by specialist.
A. A managed care plan that has no participating provider for a
covered benefit requiring a specialist shall arrange for a referral
to a specialist with expertise in treating the covered benefit. The
specialist shall agree to abide by the terms of the plan’s provider
contract if the terms are commensurate with the terms of contracts
for similar specialists.
B. 1. A managed care plan shall include procedures by which a
covered person in a managed care plan, upon diagnosis by a primary
care provider of a condition that without specialized treatment
would result in deleterious outcomes that would threaten life or
limb or a degenerative and disabling condition or disease, either of
which requires specialized medical care over a prolonged period of
time, may be referred to a specialist with expertise in treating
such condition or disease.
2. The specialist may be responsible for and may provide and
coordinate the covered person’s primary and specialty care only if
the specialist is willing to abide by the terms of the plan’s
contract and capable of providing such care.
3. If the managed care plan, or the primary care provider in
consultation with the managed care plan and the specialist, if any,
determines that the most appropriate coordinator of the covered
person’s care is a specialist, the managed care plan shall authorize
Oklahoma Statutes - Title 63. Public Health and Safety Page 1401
a referral of the covered person to the specialist. In no event
shall a managed care plan be required to permit a covered person to
elect treatment by a nonparticipating specialist, except pursuant to
the provisions of subsection A of this section.
C. 1. A referral pursuant to this section shall be pursuant to
a treatment plan agreed to by the managed care plan, the specialist
and the primary care provider which complies with the covered
benefits of the health plan and which is developed in consultation
with the primary care provider, if appropriate, the specialist, and
the covered person or the designee of the covered person.
2. Subject to the terms of the treatment plan agreed to by the
managed care plan, the specialist and the primary care provider and
subject to the terms of the plan’s contract, a specialist shall be
permitted to treat the covered person without a referral from the
covered person’s primary care provider and may authorize referrals,
procedures, tests and other medical services as the covered person’s
primary care provider would otherwise be permitted to provide or
authorize.
3. If a managed care plan refers a covered person to a
nonparticipating specialist, services provided pursuant to the
treatment plan shall be provided pursuant to the provisions of
subsection A of this section at no additional cost to the covered
person beyond what the covered person would otherwise pay for
services received within the network of the managed care plan.
D. A managed care plan shall implement procedures for a
standing referral to a specialist if the primary care provider
determines in consultation with the specialist and the managed care
plan that a covered person needs continuing care from a specialist.
The referral shall be made pursuant to a treatment plan that
complies with covered benefits of the managed care plan.
Added by Laws 1999, c. 361, § 2, eff. Nov. 1, 1999.
§63-2550.3. Termination of participating providers – Procedures and
conditions.
A. Every managed care plan shall establish procedures
governing termination of a participating provider who is terminated
for reasons other than cause. The procedures shall include
assurance of continued coverage of services, at the contract terms
and price by a terminated provider for up to ninety (90) calendar
days from the date of notice to the covered person, for a covered
person who:
1. Has a degenerative and disabling condition or disease;
2. Has entered the third trimester of pregnancy. Additional
coverage of services by the terminated provider shall continue
through at least six (6) weeks of postpartum evaluation; or
3. Is terminally ill.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1402
B. 1. If a participating provider voluntarily chooses to
discontinue participation as a network provider in a managed care
plan, the managed care plan shall permit a covered person to
continue an ongoing course of treatment with the disaffiliated
provider during a transitional period:
a. of up to ninety (90) days from the date of notice to
the managed care plan of the provider’s disaffiliation
from the managed care plan’s network, or
b. that includes delivery and postpartum care if the
covered person has entered the third trimester of
pregnancy at the time of the provider’s
disaffiliation.
2. If a provider voluntarily chooses to discontinue
participation as a network provider participating in a managed care
plan, such provider shall give at least a ninety-day notice of the
disaffiliation to the managed care plan. The managed care plan
shall immediately notify the disaffiliated provider’s patients of
that fact.
3. Notwithstanding the provisions of paragraph 1 of this
subsection, continuing care shall be authorized by the managed care
plan during the transitional period only if the disaffiliated
provider agrees to:
a. continue to accept reimbursement from the managed
care plan at the rates applicable prior to the start
of the transitional period as payment in full,
b. adhere to the managed care plan’s quality assurance
requirements and to provide to the managed care plan
necessary medical information related to such care,
and
c. otherwise adhere to the managed care plan’s policies
and procedures, including, but not limited to,
policies and procedures regarding referrals, and
obtaining preauthorization and treatment plan
approval from the managed care plan.
Added by Laws 1999, c. 361, § 3, eff. Nov. 1, 1999.
§63-2550.4. Nonformulary or prior-authorized drugs - Approval.
A. A managed care plan that has a closed formulary or that
requires prior authorization to obtain certain drugs shall approve
or disapprove a provider’s or a covered person’s request for a
nonformulary drug or a drug that requires prior authorization within
twenty-four (24) hours of receipt of such request.
B. If the managed care plan does not render a decision within
twenty-four (24) hours, the provider or covered person shall be
entitled to a seventy-two-hour supply of the drug. The managed care
plan shall then approve or disapprove the request for a nonformulary
Oklahoma Statutes - Title 63. Public Health and Safety Page 1403
drug or prior authorized drug within the additional seventy-two-hour
period.
C. Failure of the managed care plan to respond within the
subsequently allowed seventy-two-hour period shall be deemed as
approval of the request for the nonformulary drug or prior
authorized drug; provided, however, the approval shall be subject to
the terms of the managed care plan’s drug formulary; provided
further, the purchase of the approved drug shall be at no additional
cost to the covered person beyond what the covered person would
otherwise pay for a prescription pursuant to the managed care plan.
D. All providers and covered persons in a managed care plan
shall be provided with a copy of the plan’s drug prior authorization
process upon initial contracting or enrollment and at the time of
enactment of any subsequent changes to the process.
Added by Laws 1999, c. 361, § 4, eff. Nov. 1, 1999.
§63-2551. Short title.
This act shall be known and may be cited as "The Uniform Duties
to Disabled Persons Act."
Added by Laws 1975, c. 212, § 1, emerg. eff. May 27, 1975.
§63-2552. Definitions.
In the Uniform Duties to Disabled Persons Act:
1. "Disabled condition" means the condition of being
unconscious, semiconscious, incoherent or otherwise incapacitated to
communicate;
2. "Disabled person" means a person in a disabled condition;
3. "The emergency symbol" means the caduceus inscribed within a
six-barred cross used by the American Medical Association to denote
emergency information;
4. "Identifying device" means an identifying bracelet,
necklace, metal tag or similar device bearing the emergency symbol
and the information needed in an emergency; and
5. "Medical practitioner" means a person who is a member of the
class of persons authorized to use the term “physician” pursuant to
Section 725.2 of Title 59 of the Oklahoma Statutes.
Added by Laws 1975, c. 212, § 2, emerg. eff. May 27, 1975. Amended
by Laws 2000, c. 52, § 7, emerg. eff. April 14, 2000.
§63-2553. Identifying devices and identification cards.
A. A person who suffers from epilepsy, diabetes, a cardiac
condition or any other type of illness that causes temporary
blackouts, semiconscious periods or complete unconsciousness, or who
suffers from a condition requiring specific medication or medical
treatment, is allergic to certain medications or items used in
medical treatment, wears contact lenses, has religious objections to
certain forms of medication or medical treatment, or is unable to
Oklahoma Statutes - Title 63. Public Health and Safety Page 1404
communicate coherently or effectively in the English language, is
authorized and encouraged to wear an identifying device.
B. Any person may carry an identification card bearing his
name, type of medical condition, physician's name and other medical
information.
C. By wearing an identifying device a person gives his consent
for any who finds him in a disabled condition to make a reasonable
search if warranted of his clothing or other effects for an
identification card of the type described in subsection B.
Added by Laws 1975, c. 212, § 3, emerg. eff. May 27, 1975.
§63-2554. Duties of law enforcement officers.
A. A law enforcement officer shall make a diligent effort to
determine whether any disabled person he finds is an epileptic or a
diabetic or suffers from some other type of illness that would cause
the condition. Whenever feasible, this effort shall be made before
the person is charged with a crime or taken to a place of detention.
B. In seeking to determine whether a disabled person suffers
from an illness, a law enforcement officer shall make a reasonable
search for an identifying device and an identification card of the
type described in subsection B, Section 3 of this act, and examine
them for emergency information. The law enforcement officer may not
search for an identifying device or an identification card in a
manner or to an extent that would appear to a reasonable person in
the circumstances to cause an unreasonable risk of worsening the
disabled person's condition.
C. A law enforcement officer who finds a disabled person
without an identifying device or identification card is not relieved
of his duty to that person to make a diligent effort to ascertain
the existence of any illness causing the disabled condition.
D. A cause of action against a law enforcement officer does not
arise from his making a reasonable search of the disabled person to
locate an identifying device or identification card, even though the
person is not wearing an identifying device or carrying an
identification card.
E. A law enforcement officer who determines or has reason to
believe that a disabled person is suffering from an illness causing
his condition shall promptly notify the person's physician, if
practicable. If the officer is unable to ascertain the physician's
identity or to communicate with him, the officer shall make a
reasonable effort to cause the disabled person to be transported
immediately to a medical practitioner or to a facility where medical
treatment is available. If the officer believes it unduly dangerous
to move the disabled person, he shall make a reasonable effort to
obtain the assistance of a medical practitioner.
Added by Laws 1975, c. 212, § 4, emerg. eff. May 27, 1975.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1405
§63-2555. Medical practitioners - Duties - Liability.
A. A medical practitioner, in discharging his duty to a
disabled person whom he has undertaken to examine or treat, shall
make a reasonable search for an identifying device or identification
card of the type described in subsection B, Section 3 of this act,
and examine them for emergency information.
B. A cause of action against a medical practitioner does not
arise from his making a reasonable search of a disabled person to
locate an identifying device or identification card, even though the
person is not wearing an identifying device or carrying an
identification card.
Added by Laws 1975, c. 212, § 5, emerg. eff. May 27, 1975.
§63-2556. Persons other than law enforcement officers or medical
practitioners.
A. A person, other than a law enforcement officer or medical
practitioner, who finds and undertakes to help a disabled person
may:
1. Make a reasonable search for an identifying device; and
2. If the identifying device is found may make a reasonable
search for an identification card of the type described in
subsection B, Section 3 of this act.
B. A cause of action does not arise from a reasonable search to
locate an identifying device or identification card as authorized by
subsection A of this section.
Added by Laws 1975, c. 212, § 6, emerg. eff. May 27, 1975.
§63-2557. Penalties.
A person who with intent to deceive provides, wears, uses or
possesses a false identifying device or identification card of the
type described in subsection B, Section 3 of this act, is guilty of
a misdemeanor and upon conviction may be fined not more than Three
Hundred Dollars ($300.00) or imprisoned for not more than ninety
(90) days, or both.
Added by Laws 1975, c. 212, § 7, emerg. eff. May 27, 1975.
§63-2558. Duties as additional.
The duties imposed by this act are in addition to, and not in
limitation of, other duties existing under the law of this state.
Added by Laws 1975, c. 212, § 8, emerg. eff. May 27, 1975.
§63-2560. Short title - Nondiscrimination in Health Care Coverage
Act.
This act shall be known and may be cited as the
"Nondiscrimination in Health Care Coverage Act".
Added by Laws 2020, c. 113, § 1, eff. Nov. 1, 2020.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1406
§63-2561. Legislative findings and declarations.
The Legislature finds and declares that:
1. Physical and mental disabilities, age or chronic illness
should in no way diminish a person's right to life, human dignity
and equal access to medical care;
2. Historically, persons with disabilities, advanced age or
chronic illness have faced discrimination in the health care system,
including the denial of access to life-sustaining care;
3. Such discrimination is inconsistent with our society's
commitment to human dignity and the full inclusion of persons with
disabilities throughout society;
4. Lack of access to appropriate health care can result in
significant adverse health consequences for persons with
disabilities, those with chronic illness, and those of advanced age,
including loss of function, reduced quality of life or even death;
and
5. Both public and private payors have a moral, legal and
ethical obligation to make health care reimbursement decisions in a
transparent fashion utilizing nondiscriminatory criteria.
Added by Laws 2020, c. 113, § 2, eff. Nov. 1, 2020.
§63-2562. Definitions.
As used in the Nondiscrimination in Health Care Coverage Act:
1. "Agency" shall include the state and all units of state
government and shall not exclude any entity established under the
constitution or laws of the state or established by any entity which
was itself established under the constitution or laws of the state;
2. "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;
3. "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;
4. "Utilization management" shall include step therapy, prior
authorization restrictions and the use of formulary restrictions to
restrict access to a drug or other health care service prescribed by
a health care provider; and
5. "Self-advocacy organizations" means organizations run by
persons with disabilities, the majority of whose board members and
employees are themselves persons with disabilities.
Added by Laws 2020, c. 113, § 3, eff. Nov. 1, 2020.
§63-2563. Use of dollars-per-quality adjusted life year prohibited.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1407
An agency shall be prohibited from developing or employing a
dollars-per-quality adjusted life year, or similar measure that
discounts the value of a life because of an individual's disability,
including age or chronic illness, as a threshold to establish what
type of health care is cost-effective or recommended. An agency
shall be prohibited from utilizing such adjusted life year, or
similar measure, as a threshold to determine coverage,
reimbursement, incentive programs or utilization management
decisions, whether it comes from within the agency or from any third
party.
Added by Laws 2020, c. 113, § 4, eff. Nov. 1, 2020.
§63-2564. Proposing new utilization management measures – Post for
public comment.
Any agency proposing new utilization management measures shall
post for public comment both the proposed measure and the rationale
behind the proposed measure, including the availability of
alternatives, analysis of potential impact on atypical patient
populations and subgroups, estimate of the population likely to be
impacted by the measure and a description of both internal and
third-party value assessments utilized in internal deliberations on
the measure.
Added by Laws 2020, c. 113, § 5, eff. Nov. 1, 2020.
§63-2565. Consultations with advocacy groups required – Process to
ensure stakeholder engagement and transparency – Research and
analysis methods.
A. Any agency making decisions on utilization management
measures, coverage, reimbursement or incentive programs shall be
required to consult with:
1. Organizations representing patients and people with
disabilities, including both self-advocacy organizations and
organizations representing patients, prior to proceeding on any
measure likely to impact the relevant patient or disability
community; and
2. Organizations representing patients and people that advocate
for the rights of patients to obtain treatment without regard to the
patients' quality of life and representatives of organizations that
advocate for the rights of older persons to receive health care.
B. Any agency making decisions on utilization management
measures, coverage, reimbursement or incentive programs shall ensure
that a process is in place to ensure robust stakeholder engagement
and full transparency surrounding the provision of any research and
analysis relied upon for decision-making that would impact access to
health care treatments and services by patient groups provided for
in subsection A of this section, including:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1408
1. Providing stakeholders with meaningful notice and
opportunity to comment on the retention of any vendor providing
research and analysis to the agency;
2. Subjecting research and analysis relied upon by an agency to
meaningful notice and comment process;
3. Ensuring deliberation around the coverage or reimbursement
for health care treatments and services occurs in open meetings;
4. Presenting and releasing any research and analysis relied
upon for decision-making in public meetings or publicly released
prior to deliberation;
5. Requiring full disclosure into funding sources and conflicts
of interest of any third party providing research and analysis to
the state;
6. Prohibiting sole-source contracts for research and analysis
to ensure reliance on a range of evidence; and
7. Preparing an annual report assessing beneficiary access to
health care treatments and services. The report shall assess the
impact of any form of utilization management on access to care with
a specific analysis of the impact on persons with disabilities,
chronic illness and advanced age. The report shall be submitted to
the State Legislature, be posted on the state Medicaid website, and
the agency shall provide an opportunity for public comment.
C. Any research and analysis relied upon for decision-making
that would impact coverage and access to health care treatments and
services shall measure outcomes prioritized by patients and persons
with disabilities as required by this section, as well as consider
meaningful differences in the characteristics, needs and preferences
of patients and persons with disabilities.
Added by Laws 2020, c. 113, § 6, eff. Nov. 1, 2020.
§63-2601. Definitions.
For the purposes of this act, the following words and phrases
mean:
(a) "Minor" means any person under the age of eighteen (18)
years of age, except such person who is on active duty with or has
served in any branch of the Armed Services of the United States
shall be considered an adult.
(b) "Health professional" means for the purposes of this act
any licensed physician, psychologist, dentist, osteopathic
physician, podiatrist, chiropractor, registered or licensed
practical nurse or physician's assistant.
(c) "Health services" means services delivered by any health
professional including examination, preventive and curative
treatment, surgical, hospitalization, and psychological services,
except abortion or sterilization. Should the health services
include counseling concerning abortion, all alternatives will be
fully presented to the minor. Services in this act shall not
Oklahoma Statutes - Title 63. Public Health and Safety Page 1409
include research or experimentation with minors except where used in
an attempt to preserve the life of that minor, or research as
approved by an appropriate review board involved in the management
of reportable diseases.
Amended by Laws 1985, c. 299, § 8, eff. Nov. 1, 1985.
§63-2602. Right of self-consent under certain conditions - Doctor
patient privileges
A. Notwithstanding any other provision of law, the following
minors may consent to have services provided by health professionals
in the following cases:
1. Any minor who is married, has a dependent child or is
emancipated;
2. Any minor who is separated from his parents or legal
guardian for whatever reason and is not supported by his parents or
guardian;
3. Any minor who is or has been pregnant, afflicted with any
reportable communicable disease, drug and substance abuse or abusive
use of alcohol; provided, however, that such self-consent only
applies to the prevention, diagnosis and treatment of those
conditions specified in this section. Any health professional who
accepts the responsibility of providing such health services also
assumes the obligation to provide counseling for the minor by a
health professional. If the minor is found not to be pregnant nor
suffering from a communicable disease nor drug or substance abuse
nor abusive use of alcohol, the health professional shall not reveal
any information whatsoever to the spouse, parent or legal guardian,
without the consent of the minor;
4. Any minor parent as to his child;
5. Any spouse of a minor when the minor is unable to give
consent by reason of physical or mental incapacity;
6. Any minor who by reason of physical or mental capacity
cannot give consent and has no known relatives or legal guardian, if
two physicians agree on the health service to be given;
7. Any minor in need of emergency services for conditions which
will endanger his health or life if delay would result by obtaining
consent from his spouse, parent or legal guardian; provided,
however, that the prescribing of any medicine or device for the
prevention of pregnancy shall not be considered such an emergency
service; or
8. Any minor who is the victim of sexual assault; provided,
however, that such self-consent only applies to a forensic medical
examination by a qualified licensed health care professional.
If any minor falsely represents that he may give consent and a
health professional provides health services in good faith based
upon that misrepresentation, the minor shall receive full services
without the consent of the minor's parent or legal guardian and the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1410
health professional shall incur no liability except for negligence
or intentional harm. Consent of the minor shall not be subject to
later disaffirmance or revocation because of his minority.
B. The health professional shall be required to make a
reasonable attempt to inform the spouse, parent or legal guardian of
the minor of any treatment needed or provided under paragraph 7 of
subsection A of this section. In all other instances the health
professional may, but shall not be required to inform the spouse,
parent or legal guardian of the minor of any treatment needed or
provided. The judgment of the health professional as to
notification shall be final, and his disclosure shall not constitute
libel, slander, the breach of the right of privacy, the breach of
the rule of privileged communication or result in any other breach
that would incur liability.
Information about the minor obtained through care by a health
professional under the provisions of this act shall not be
disseminated to any health professional, school, law enforcement
agency or official, court authority, government agency or official
employer, without the consent of the minor, except through specific
legal requirements or if the giving of the information is necessary
to the health of the minor and public. Statistical reporting may be
done when the minor's identity is kept confidential.
The health professional shall not incur criminal liability for
action under the provisions of this act except for negligence or
intentional harm.
Added by Laws 1975, c. 225, § 2, emerg. eff. May 29, 1975. Amended
by Laws 1976, c. 161, § 2; Laws 2016, c. 305, § 1, emerg. eff. May
16, 2016.
§63-2603. Payment for services.
The spouse, parents or legal guardian of the minor shall not be
liable for payment for any health services provided under the
authority of this act, unless they shall have expressly agreed to
pay for such care. Minors consenting to health services shall
thereby assume financial responsibility for the cost of said
services except those who are proven unable to pay and who receive
the services in public institutions.
Added by Laws 1975, c. 225, § 3, emerg. eff. May 29, 1975.
§63-2604. Safeguards to protect minor.
If major surgery, general anesthesia; or a life-threatening
procedure has to be undertaken on a minor, it shall be necessary for
the physician to obtain concurrence from another physician except in
an emergency in a community where no other surgeon can be contacted
within a reasonable time.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1411
In cases where emergency care is needed and the minor is unable
to give self-consent; a parent, spouse or legal guardian may
authorize consent.
Added by Laws 1975, c. 225, § 4, emerg. eff. May 29, 1975.
§63-2605. Providing of health care not mandatory.
Nothing in this act shall require any health professional to
provide health care nor shall any health professional be liable for
refusal to give health care.
Added by Laws 1975, c. 225, § 5, emerg. eff. May 29, 1975.
§63-2607.1. Gender transition procedures for minors prohibited —
Violations — Penalties — Enforcement.
A. As used in this section:
1. "Child" means any person under eighteen (18) years of age;
2. a. "Gender transition procedures" means the following
medical or surgical services performed for the purpose
of attempting to affirm the minor's perception of his
or her gender or biological sex, if that perception is
inconsistent with the minor's biological sex:
(1) surgical procedures that alter or remove physical
or anatomical characteristics or features that
are typical for the individual’s biological sex,
or
(2) puberty-blocking drugs, cross-sex hormones, or
other drugs to suppress or delay normal puberty
or to promote the development of feminizing or
masculinizing features consistent with the
opposite biological sex.
b. Gender transition procedures do not include:
(1) behavioral health care services or mental health
counseling,
(2) medications to treat depression and anxiety,
(3) medications prescribed, dispensed, or
administered specifically for the purpose of
treating precocious puberty or delayed puberty in
that patient,
(4) services provided to individuals born with
ambiguous genitalia, incomplete genitalia, or
both male and female anatomy, or biochemically
verifiable disorder of sex development (DSD),
including but not limited to:
(a) 46,XX DSD,
(b) 46,XY DSD,
(c) sex chromosomes DSDs,
(d) XX or XY sex reversal, and
(e) ovotesticular disorder,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1412
(5) the treatment of any infection, injury, disease,
or disorder that has been caused by or
exacerbated by the performance of gender
transition procedures, whether or not the gender
transition procedure was performed in accordance
with state and federal law,
(6) the treatment of any physical injury or illness
that would, as certified by a physician, place
the individual in imminent danger of death or
impairment of a major bodily function unless such
treatment is performed, or
(7) the provision of puberty-blocking drugs or cross-
sex hormones to a minor currently receiving such
drugs or hormones as of the effective date of
this act for a period of not more than six (6)
months solely for the purpose of assisting the
minor with gradually decreasing and discontinuing
use of the drugs or hormones.
3. “Health care provider” means a physician, physician
assistant, Advanced Practice Registered Nurse, or any other person
who is licensed, certified, or otherwise authorized by the laws of
this state to administer health care in the ordinary course of the
practice of his or her profession.
B. A health care provider shall not knowingly provide gender
transition procedures to any child.
C. A health care provider found in violation of subsection B of
this section shall, upon an adverse ruling by the provider’s
respective licensing board, be guilty of unprofessional conduct.
Disciplinary proceedings against the health care provider may be
commenced at any time after the commission of such offense.
D. A health care provider who violates subsection B of this
section shall, upon conviction, be guilty of a felony. Prosecution
for a criminal violation of subsection B of this section shall be
commenced not later than the date on which the child attains the age
of forty-five (45) years.
E. 1. The parent, legal guardian, or next friend of a child to
whom a health care provider has provided one or more gender
transition procedures in violation of subsection B of this section
may bring a civil action against the health care provider. The
parent, legal guardian, or next friend shall bring a claim for the
violation no later than the date on which the child attains the age
of majority.
2. A child to whom a health care provider has provided one or
more gender transition procedures may bring an action throughout his
or her minority through a parent, legal guardian, or next friend,
and may bring an action in his or her own name upon reaching
Oklahoma Statutes - Title 63. Public Health and Safety Page 1413
majority at any time until the date on which the child attains the
age of forty-five (45) years.
3. The court in such action may award compensatory damages,
punitive damages, injunctive relief, or any other appropriate
relief. Additionally, the court shall award court costs and
reasonable attorney fees to a prevailing party who establishes a
violation of this section.
4. Notwithstanding any other provision of law, an action under
this subsection may be commenced, and relief may be granted, in a
judicial proceeding without regard to whether the person commencing
the action has sought or exhausted available administrative
remedies.
F. The Attorney General may bring an action to enforce
compliance with this act. Nothing in this act shall be construed to
deny, impair, or otherwise affect any right or authority of the
Attorney General, the state, or an agency, officer, or employee of
the state to institute or intervene in any action or proceeding.
Added by Laws 2023, c. 150, § 1, emerg. eff. May 1, 2023.
§63-2621. Short title.
Sections 1 through 3 of this act shall be known and may be cited
as the "Medical Savings Account Act".
Added by Laws 1995, c. 249, § 1, eff. Nov. 1, 1995.
§63-2622. Definitions.
As used in the Medical Savings Account Act:
1. "Account holder" means the individual including but not
limited to an employee of an employer or dependents of the
individual on whose behalf the medical savings account is
established;
2. "Dependent child" means any person under the age of twenty-
one (21) years or any person who is legally entitled or subject to a
court order for the provision of proper and necessary subsistence,
education, medical care, or any other care necessary for the health,
or well-being of such person, and who is not otherwise emancipated,
married or a member of the Armed Forces of the United States, or who
is mentally or physically incapacitated and cannot provide for
themselves;
3. "Eligible medical expenses" means an expense paid by the
taxpayer for medical care described in Section 213(d) of the
Internal Revenue Code;
4. "Medical savings account" or "account" means an account
established in this state pursuant to a medical savings account
program to pay the eligible medical expenses of an account holder
and the dependents of the account holder;
5. "Medical savings account program" or "program" means a
program that includes all of the following:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1414
a. the purchase by an individual or employer of a
qualified higher deductible health benefit plan which
is approved by the State Department of Health and
offered by an entity regulated by the State Department
of Health or is approved by the Insurance Commissioner
and offered by an entity regulated by the Insurance
Commissioner or is offered by the State and Education
Employees Group Insurance Board for the benefit of the
individual or an employee of the employer and the
dependents of that individual or the employee,
b. the deposit by an individual into a medical savings
account or the contribution on behalf of an employee
into a medical care account by an employer of all or
part of the premium differential realized by the
employer based on the purchase of a qualified higher
deductible health plan for the benefit of the
employee. An employer that did not previously provide
a health plan or provide a health coverage policy,
certificate, or contract for employees may contribute
all or part of the deductible of a qualified higher
deductible health benefit plan; and
6. "Trustee" means a chartered state bank, savings and loan
association, licensed securities dealer or trust company authorized
to act as a fiduciary; a national banking association or savings and
loan association authorized to act as a fiduciary; or an insurance
company.
Added by Laws 1995, c. 249, § 2, eff. Nov. 1, 1995. Amended by Laws
1996, c. 183, § 1, eff. July 1, 1996.
§63-2623. Medical savings account - Contributions and withdrawals.
A. For taxable years beginning after December 31, 1995, an
individual who is a resident of this state or an employer shall be
allowed to deposit contributions to a medical savings account. The
amount of deposit for the first taxable year subsequent to the
effective date of this act shall not exceed:
1. Two Thousand Dollars ($2,000.00) for the account holder;
2. Two Thousand Dollars ($2,000.00) for the spouse of the
account holder; and
3. One Thousand Dollars ($1,000.00) for each dependent child of
the account holder.
B. The maximum allowable amount of deposit for subsequent years
shall be increased annually by a percentage equal to the previous
year's increase in the national Consumer Price Index (CPI).
C. Contributions made to and interest earned on a medical
savings account shall be exempt from taxation as adjusted gross
income in this state as provided for in Section 2358 of Title 68 of
the Oklahoma Statutes.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1415
D. Upon agreement between an employer and employee, an employee
may either have the employer contribute to the employee's medical
savings account under a medical savings account program or continue
to make contributions under the employee's existing health insurance
policy or program, subject to the restrictions in paragraph 1 of
subsection E of this section. For purposes of the Medical Savings
Account Act, an employer shall include a participating employer as
defined in the Oklahoma State Employees Benefits Act.
E. The medical savings account shall be established as a trust
under the laws of this state and placed with a trustee.
1. The trustee shall utilize the funds held in a medical
savings account solely for the purpose of paying the eligible
medical expenses of the account holder or the dependents of the
account holder or to purchase a health benefit plan, certification,
or contract if the account holder does not otherwise have health
insurance coverage. Funds held in a medical savings account shall
not be used to cover medical expenses of the account holder or
dependents of the account holder that are otherwise covered by other
means, including but not limited to medical expenses covered
pursuant to an automobile insurance policy, a workers' compensation
insurance policy or self-insured plan, or another health coverage
policy, certificate, or contract.
2. The account holder may submit prior to the end of the tax
year documentation of medical expenses paid by the account holder
during that tax year to the trustee and the trustee shall reimburse
the account holder for eligible medical expenses from the medical
savings account.
3. Any funds remaining in a medical savings account at the end
of the tax year after all medical expenses have been paid unless
withdrawn as provided for in this section shall remain in the
account and may be used by the account holder for payment of future
medical expenses.
F. An account holder may withdraw money from the medical
savings account of the account holder for any purpose other than a
purpose listed in paragraph 1 of subsection E of this section, only
on the last business day of the trustee's business year. If money
is withdrawn on that date, pursuant to this subsection, it shall be
considered income for income tax purposes and shall not be eligible
for the exemption provided in Section 2358 of Title 68 of the
Oklahoma Statutes.
G. If the account holder withdraws money for any purpose, other
than a purpose described in paragraph 1 of subsection E of this
section, at any time other than on the last business day of the
trustee's business year, all of the following shall apply:
1. The amount of the withdrawal shall be considered income for
income tax purposes and shall not be eligible for the tax exemption
provided in Section 2358 of Title 68 of the Oklahoma Statutes;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1416
2. The trustee shall withhold and shall pay on behalf of the
account holder a penalty to the Oklahoma Tax Commission equal to ten
percent (10%) of the amount of the withdrawal; and
3. All interest earned on the account during the tax year in
which a withdrawal occurs shall be considered income for income tax
purposes.
H. Upon the death of the account holder, the account principal,
as well as any interest accumulated thereon, shall be distributed to
the estate of the account holder and shall be taxed as part of the
estate.
I. If an employee is no longer employed by an employer that
participates in a medical savings account program and the employee,
not more than sixty (60) days after the final day of employment,
transfers the account to a new trustee or requests in writing to the
trustee of the former employer that the account remain with that
trustee and that trustee agrees to retain the account, the money in
the medical savings account may be utilized for the benefit of the
account holder or the dependents of the account holder subject to
this act, and the money shall remain exempt from taxation pursuant
to Section 2358 of Title 68 of the Oklahoma Statutes. Not more than
thirty (30) days after the expiration of the sixty-day transfer
period, if the account holder has not transferred the account or the
trustee has not accepted the account of the former employee, the
employer shall mail a check to the last-known address of the former
employee in an amount equal to the amount in the account on the date
the check is mailed. The amount shall be taxed and subject to
penalty as provided for in subsection G of this section. If an
employee becomes employed with a different employer that
participates in a medical savings account program before the
expiration of the sixty-day transfer period, the employee may
transfer the medical savings account to the trustee of the new
employer without penalty.
Added by Laws 1995, c. 249, § 3, eff. Nov. 1, 1995. Amended by Laws
1996, c. 183, § 2, eff. July 1, 1996.
§63-2654.1. Short title - Definitions.
A. This act shall be known and may be cited as the "Oklahoma
Poison Control Act".
B. As used in the Oklahoma Poison Control Act:
1. "Center" means the Oklahoma Poison Control Center; and
2. "Director" means the dean of the College of Pharmacy at the
Oklahoma Health Sciences Center.
Added by Laws 1994, c. 364, § 1, emerg. eff. June 10, 1994.
§63-2654.2. Oklahoma Poison Control Center.
There is hereby created the Oklahoma Poison Control Center
within the University of Oklahoma Health Sciences Center College of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1417
Pharmacy. The purpose of the center is to implement a statewide
emergency poison and drug information program designed and
structured to deliver reliable, accurate, qualified professional
judgments and responses to requests for emergency poison and drug
information data.
Added by Laws 1994, c. 364, § 2, emerg. eff. June 10, 1994. Amended
by Laws 2021, c. 285, § 5, eff. Nov. 1, 2021.
§63-2654.3. Authority of Director.
The Director may:
1. Employ any and all coordination measures necessary to
effectuate the purposes of the Oklahoma Poison Control Act;
2. Engage in any educational program or effort if, in the
judgment of the Director, such activity would effectuate the
purposes of the Oklahoma Poison Control Act;
3. Employ experts and consultants and compensate those
individuals at rates determined by the Director;
4. Engage in programs of experimental or demonstrational
research;
5. Appoint an advisory committee to assist in the development
and review of rules promulgated under the authority of the Oklahoma
Poison Control Act and reimburse the members for their expenses;
6. Accept and administer loans, grants, or other funds and
gifts, conditional or otherwise, from the federal government and any
and all other public or private sources;
7. Formulate, promulgate, adopt, amend, and enforce rules and
regulatory standards necessary to effectuate the Oklahoma Poison
Control Act; and
8. Establish and charge fees for the provision of nonemergency
informational and educational services as well as contract therefor.
Added by Laws 1994, c. 364, § 3, emerg. eff. June 10, 1994.
§63-2654.4. Certification as regional poison control center.
The program of the center shall be structured and designed, to
the extent resources permit, to meet the criteria for certification
as a regional poison control center by the American Association of
Poison Control Centers.
Added by Laws 1994, c. 364, § 4, emerg. eff. June 10, 1994.
§63-2656.1. Administration of oaths - Federal grant or contract
funds.
The Commission may administer oaths at any hearing or
investigation conducted pursuant to this act, and may receive
federal grant or contract funds by complying with the requirements
therefor.
Laws 1980, c. 297, § 13, emerg. eff. June 13, 1980.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1418
§63-2656.2. Annual report - Distribution.
The Oklahoma Health Planning Commission shall prepare and
distribute an annual report to the Oklahoma Legislature, to any
health systems agency as established by federal law, and to any
other person who requests the report, which shall include the status
of each review currently being conducted, the reviews completed
since the last report and a general statement of the findings and
decisions made in the course of such reviews.
Laws 1980, c. 297, § 14, emerg. eff. June 13, 1980.
§63-2657. Definitions.
As used in this act, unless the context clearly indicates
otherwise:
1. "Ambulatory surgical center" means:
a. an establishment with an organized medical staff of
physicians, with permanent facilities that are
equipped and operated primarily for the purpose of
performing surgical procedures, with continuous
physician services available on call, and registered
professional nursing services available on site,
whenever a patient is in the facility, which provides
services or other accommodations for patients to
recover for a period not to exceed twenty-three (23)
hours after surgery, or
b. an establishment with an organized medical staff of
dentists, with permanent facilities that are equipped
and operated primarily for the purpose of performing
dental surgical procedures, with continuous dental
services available on call, and registered
professional nursing services available on site,
whenever a patient is in the facility, which provides
services or other accommodations for patients to
recover for a period not to exceed twenty-three (23)
hours after surgery;
2. "Commissioner" means the Commissioner of Health;
3. "Governmental unit" means any city, county or other
political subdivision of this state, or any department, division,
board or other agency of any political subdivision of this state;
and
4. "Person" means any individual, firm, partnership,
corporation, company or association and the legal successors
thereof.
Added by Laws 1976, c. 293, § 1, emerg. eff. June 15, 1976. Amended
by Laws 1992, c. 356, § 2, eff. Sept. 1, 1992; Laws 2008, c. 390, §
1, eff. Nov. 1, 2008.
§63-2658. License policy
Oklahoma Statutes - Title 63. Public Health and Safety Page 1419
No person or governmental unit acting severally or jointly with
any other person or governmental unit shall establish, conduct or
maintain an ambulatory surgical center in this state without a
license under this act issued by the Commissioner.
Added by Laws 1976, c. 293, § 2, emerg. eff. June 15, 1976.
§63-2659. Application
A. Application for a license shall be made to the Commissioner
upon forms provided by the Commissioner and shall contain such
information as the Commissioner may require. The Commissioner shall
require affirmative evidence of ability to comply with such
reasonable standards, rules and regulations as are lawfully
prescribed under the provisions of this act.
B. Each application for a license, except applications from
governmental units, shall be accompanied by an annual license fee of
One Hundred Dollars ($100.00). All license fees shall be deposited
in the State Treasury to the credit of the General Fund of the
Department of Health.
Added by Laws 1976, c. 293, § 3, emerg. eff. June 15, 1976.
§63-2660. Issuance of a license
A. Upon receipt of an application for a license, the
Commissioner shall issue a license if the applicant and ambulatory
surgical center facilities meet the requirements established under
this act. A license, unless sooner suspended or revoked, shall be
renewable annually upon receipt of an application for a license and
the license fee from the licensee and approval by the Commissioner.
B. Each license shall be issued only for the premises, persons
or governmental units named in the application and shall not be
transferable or assignable except with the written consent of the
Commissioner. Licenses shall be posted in a conspicuous place on
the licensed premises.
Added by Laws 1976, c. 293, § 4, emerg. eff. June 15, 1976.
§63-2661. Hearing - Notice
A. The Commissioner, after notice and opportunity for a hearing
to the applicant or licensee, may deny, suspend or revoke a license
in any case in which the Commissioner finds that there has been a
substantial failure to comply with the requirements of this act.
B. Notice shall be given by registered mail or by personal
service and shall set forth the particular reasons for the action
proposed by the Commissioner. The notice shall fix a date not less
than thirty (30) days from the date of the mailing or service, at
which time the licensee or applicant shall be given an opportunity
for a prompt and fair hearing.
C. At the hearing the licensee or applicant may present
evidence, examine witnesses and be represented by counsel of his
Oklahoma Statutes - Title 63. Public Health and Safety Page 1420
choice. On the basis of the hearing, or upon default of the
licensee or applicant, the Commissioner shall make a determination
specifying his findings of fact and conclusions of law. A copy of
such determination shall be sent by registered mail or served
personally upon the licensee or applicant.
D. The decision revoking, suspending or denying the license or
application shall become final thirty (30) days after it is so
mailed or served unless the applicant or licensee within that period
appeals the decision.
E. Any person or governmental unit aggrieved by a decision of
the Commissioner may appeal to the district court.
Added by Laws 1976, c. 293, § 5, emerg. eff. June 15, 1976.
§63-2662. Rules and regulations
The State Board of Health shall adopt such reasonable rules,
regulations and standards as are necessary to insure that the
quality of medical care in ambulatory surgical centers is the same
as that required in hospitals licensed in the State of Oklahoma.
Added by Laws 1976, c. 293, § 6, emerg. eff. June 15, 1976.
§63-2663. Inspections and investigations
The Commissioner shall make, or cause to be made, such
inspections and investigations as he deems necessary.
Added by Laws 1976, c. 293, § 7, emerg. eff. June 15, 1976.
§63-2663A. Consultant pharmacists – Required visits to ambulatory
surgical center.
A consultant pharmacist shall be required to visit an ambulatory
surgical center no more than one time per month.
Added by Laws 2011, c. 88, § 1, emerg. eff. April 20, 2011.
§63-2664. Penalty
A. Any person operating, conducting, managing or establishing
an ambulatory surgical center without a license required by this act
is guilty of a misdemeanor and, upon conviction, shall be punished
as provided by law. Each day of continuing violation shall
constitute a separate offense.
B. The Attorney General shall represent the Commissioner and
shall institute an action in the name of the state for injunctive or
other relief against any person or governmental unit to restrain or
prevent the establishment, conduct, management or operation of an
ambulatory surgical center without a license issued pursuant to the
provisions of this act.
Added by Laws 1976, c. 293, § 8, emerg. eff. June 15, 1976.
§63-2665. Discriminatory practices
Oklahoma Statutes - Title 63. Public Health and Safety Page 1421
No entity, governmental, public or private, providing individual
or group health insurance or reimbursing for health care shall
discriminate in its payment or reimbursement procedures against
ambulatory surgical centers. Provided, however, that this section
shall not require the same dollar amount of benefits be paid on
account of inpatient hospital treatment.
Added by Laws 1976, c. 293, § 9, emerg. eff. June 15, 1976.
§63-2666. Formal transfer agreement.
An ambulatory surgical center shall have a formal transfer
agreement with a general hospital, as defined in Section 1-701 of
Title 63 of the Oklahoma Statutes, located not more than a twenty-
minute travel distance from the center, or all physicians performing
surgery in the ambulatory surgical center shall have admitting
privileges at a general hospital, located not more than a twenty-
minute travel distance from the center.
Added by Laws 2007, c. 168, § 1, eff. Nov. 1, 2007.
§63-2701. Public policy.
It is declared to be the public policy of this state, in order
to safeguard the public health, safety and welfare, to encourage
certain knowledgeable persons to make written report to the Division
of Services for the Blind and Visually Impaired of the State
Department of Rehabilitation Services as to individuals suffering
from blindness or serious visual impairment so that the Division may
inform them as to rehabilitative education and training programs of
the state.
Added by Laws 1976, c. 50, § 1, emerg. eff. April 12, 1976. Amended
by Laws 1998, c. 107, § 4, eff. July 1, 1998; Laws 2019, c. 51, § 4,
eff. Nov. 1, 2019.
§63-2702. Medical report - Immunity.
Any licensed surgeon, medical doctor, osteopathic physician,
optometrist, dentist, intern or registered nurse who, from attending
or examining an individual, concludes that such individual is blind
or visually impaired to a material and uncorrected extent, and in
good faith participates in the making of written report of said
conclusion to the Division of Services for the Blind and Visually
Impaired of the State Department of Rehabilitation Services, shall
have immunity from liability, civil and criminal, for so reporting.
Added by Laws 1976, c. 50, § 2, emerg. eff. April 12, 1976. Amended
by Laws 1998, c. 107, § 5, eff. July 1, 1998; Laws 2019, c. 51, § 5,
eff. Nov. 1, 2019.
§63-2801. Short title.
This act shall be known as the Oklahoma Emergency Telephone Act.
Laws 1979, c. 176, § 1, emerg. eff. May 16, 1979.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1422
§63-2802. Definitions.
As used in this act:
1. "Authority" means the Oklahoma 9-1-1 Management Authority;
2. "Basic system" means a telephone service which automatically
connects a person dialing the primary emergency telephone number to
an established public safety answering point through normal
telephone service facilities;
3. "Direct dispatch method" means a method whereby a call over
a basic or sophisticated system is connected to a centralized
dispatch center providing for the dispatching of an appropriate
emergency service unit upon receipt of a telephone request for such
services and a decision as to the proper action to be taken;
4. "Methods", as used in paragraphs 3, 8, 9 and 11 of this
section, means the procedures to be followed by the public agency or
public safety agency affected by such paragraphs;
5. "Primary emergency telephone number" means the digits nine-
one-one (911);
6. "Public agency" means any agency or political subdivision of
the state which provides or has authority to provide fire fighting,
police, ambulance, medical or other emergency services;
7. "Public safety agency" means a functional division of a
public agency which provides fire fighting, police, medical or other
emergency services;
8. "Referral method" means a method whereby a call over a basic
or sophisticated system results in providing the requesting party
with the telephone number of the appropriate public safety agency or
other provider of emergency services;
9. "Relay method" means a method whereby a call over a basic or
sophisticated system results in pertinent information being noted by
the recipient of a telephone request for emergency services and is
relayed to appropriate public safety agencies or other providers of
emergency services for dispatch of an emergency service unit;
10. "Sophisticated system" means a basic system with the
additional capability of automatic identification of the caller's
number, holding the incoming call, reconnection on the same
telephone line, clearing a telephone line or automatic call routing
or combinations of such capabilities; and
11. "Transfer method" means a method whereby a call over a
basic or sophisticated system is received and directly transferred
to an appropriate public safety agency or other provider of
emergency services.
Added by Laws 1979, c. 176, § 2, emerg. eff. May 16, 1979. Amended
by Laws 2022, c. 30, § 1, eff. Nov. 1, 2022.
§63-2803. Establishment of basic or sophisticated system.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1423
Every public agency or public safety agency within its
respective jurisdiction may establish a basic or sophisticated
system. The establishment of such systems shall be centralized
where feasible. Any system established pursuant to the Oklahoma
Emergency Telephone Act may include a segment of the territory of a
public agency. All systems shall be designed to meet the
requirements of each community and public agency served by the
system. Every system, whether basic or sophisticated, may be
designed to have the capability of utilizing at least three of the
four methods specified in paragraphs 3, 8, 9 and 11 of Section 2802
of this title, in response to emergency calls. In addition to the
number “9-1-1”, a public agency or public safety agency may maintain
a separate secondary backup number, and shall maintain a separate
number for nonemergency telephone calls.
Added by Laws 1979, c. 176, § 3, emerg. eff. May 16, 1979. Amended
by Laws 2023, c. 258, § 3, eff. Nov. 1, 2023.
§63-2804. Services included in system.
Every system may include police, fire fighting and emergency
medical and ambulance services, and may include other emergency
services, in the discretion of the affected public agency, such as
poison control services, suicide prevention services and emergency
management services. The system may incorporate a private ambulance
service. In those areas in which a public safety agency of the
state provides such emergency services, the system may include such
public safety agencies.
Added by Laws 1979, c. 176, § 4, emerg. eff. May 16, 1979. Amended
by Laws 2003, c. 329, § 53, emerg. eff. May 29, 2003.
§63-2805. Preparation and implementation of system.
In order to insure that proper preparation and implementation of
such systems can be accomplished as provided in Section 2803 of this
title, the Oklahoma 9-1-1 Management Authority may develop an
overall plan prior to development of any system and shall coordinate
the implementation of systems to be established pursuant to the
provisions of Section 2803 of this title. Any such plan shall
contain an estimate of the costs of installing alternate 911 systems
and an estimate of the first year's additional operating expenses,
if any. The Authority may formulate a plan by which it and the
public agencies and public safety agencies involved may share
proportionately the costs of any system and method from their
current funds. The Authority may aid such agencies in the
formulation of concepts, methods and procedures which will improve
the operation of systems and which will increase cooperation between
public safety agencies. The Authority may consult at regular
intervals with the State Fire Marshal, the Oklahoma State Bureau of
Investigation, the State Department of Health, the Department of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1424
Emergency Management and the public utilities in this state
providing telephone service.
Added by Laws 1979, c. 176, § 5, emerg. eff. May 16, 1979. Amended
by Laws 2003, c. 329, § 54, emerg. eff. May 29, 2003; Laws 2008, c.
302, § 9, emerg. eff. June 2, 2008; Laws 2022, c. 30, § 2, eff. Nov.
1, 2022.
§63-2806. Technical and operational standards for basic or
sophisticated system.
The Oklahoma 9-1-1 Management Authority may establish technical
and operational standards for the development of basic and
sophisticated systems. Such standards shall be forwarded to the
Corporation Commission for consideration of any tariff limitations
and conditions which may need revision to accommodate such
standards; and the Corporation Commission may issue such revisions
after whatever hearings or procedures it deems appropriate.
Added by Laws 1979, c. 176, § 6, emerg. eff. May 16, 1979. Amended
by Laws 2022, c. 30, § 3, eff. Nov. 1, 2022.
§63-2807. Submission of final plan to public telephone utilities -
Alternative reports.
A. All public agencies shall submit final plans for the
establishment of any system to the public telephone utilities and
may make arrangement with such utilities for the implementation of
the planned emergency telephone system. A copy of the plan required
by this subsection shall be filed with the Oklahoma 9-1-1 Management
Authority.
B. If any public agency has implemented or is a part of a
system which would be authorized by this act on the effective date
of this act such public agency may submit in lieu of the tentative
or final plan a report describing the system and stating its
operational date.
C. Plans filed pursuant to subsection A of this section shall
conform to minimum standards established pursuant to Section 2806 of
this title.
Added by Laws 1979, c. 176, § 7, emerg. eff. May 16, 1979. Amended
by Laws 2022, c. 30, § 4, eff. Nov. 1, 2022.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1425
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.
§63-2809. Repealed by Laws 1998, c. 364, § 38, emerg. eff. June 8,
1998.
§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.
§63-2811. Repealed by Laws 2023, c. 49, § 12, eff. Nov. 1, 2023.
§63-2812. Repealed by Laws 2023, c. 49, § 12, eff. Nov. 1, 2023.
§63-2813. Repealed by Laws 2023, c. 49, § 12, eff. Nov. 1, 2023.
§63-2814. Repealed by Laws 2024, c. 343, § 1, emerg. eff. May 28,
2024.
§63-2815. Repealed by Laws 2024, c. 343, § 2, emerg. eff. May 28,
2024.
§63-2815.1. Renumbered as § 2869.3 of this title by Laws 2023, c.
49, § 7, eff. Nov. 1, 2023.
§63-2816. Renumbered as § 2869.4 of this title by Laws 2023, c. 49,
§ 8, eff. Nov. 1, 2023.
§63-2817. Renumbered as § 2869.5 of this title by Laws 2023, c. 49,
§ 9, eff. Nov. 1, 2023.
§63-2818. Renumbered as § 2869.6 of this title by Laws 2023, c. 49,
§ 10, eff. Nov. 1, 2023.
§63-2818.2. Repealed by Laws 1997, c. 46, § 14, emerg. eff. April
7, 1997.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1426
§63-2818.3. Repealed by Laws 1997, c. 46, § 14, emerg. eff. April
7, 1997.
§63-2818.4. Repealed by Laws 2022, c. 30, § 8, eff. Nov. 1, 2022.
§63-2819. Renumbered as § 2870 of this title by Laws 2016, c. 324,
§ 13, eff. Nov. 1, 2016.
§63-2820. Renumbered as § 2869.7 of this title by Laws 2023, c. 49,
§ 11, eff. Nov. 1, 2023.
§63-2821. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2841. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2842. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2843. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2843.1. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2843.2. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2844. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1427
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.
§63-2847. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2849. Renumbered as § 2871 of this title by Laws 2016, c. 324,
§ 13, eff. Nov. 1, 2016.
§63-2851. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2852. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2853. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1428
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.
§63-2861. Short title - Oklahoma 9-1-1 Management Authority Act.
This act shall be known and may be cited as the "Oklahoma 9-1-1
Management Authority Act".
Added by Laws 2016, c. 324, § 1, eff. Nov. 1, 2016.
§63-2862. Definitions.
As used in the Oklahoma 9-1-1 Management Authority Act:
1. “Area served” means the geographic area which shall be
served by the 9-1-1 emergency telephone service provided by the
governing body of a county, municipality, part of a county or
combination of such governing bodies;
2. “Authority” means the Oklahoma 9-1-1 Management Authority
created in Section 2863 of this title;
3. “Emergency telephone service” means any telephone system
utilizing a three-digit number, nine-one-one (9-1-1), for reporting
an emergency to the appropriate public agency providing law
enforcement, fire, medical or other emergency services, including
ancillary communications systems and personnel necessary to pass the
reported emergency to the appropriate emergency service and
personnel;
4. “Emergency telephone fee” means a fee to finance the
operation of emergency telephone service;
5. “Governing body” means the board of county commissioners of
a county, the city council, tribal authority or other governing body
of a municipality, or a combination of such boards, councils or
other municipal governing bodies including county or municipal
beneficiary public trusts, or other public trusts which shall have
an administering board;
6. “Landline telecommunications connection” means a ten-digit
access number assigned to a customer that utilizes analog
communications over a wired transmission line that travels
underground or on telephone poles;
7. “Local exchange telephone company” means any company
providing exchange telephone services to any service user in this
state, and shall include any competitive local exchange carrier as
defined in Section 139.102 of Title 17 of the Oklahoma Statutes;
8. “Next-generation 9-1-1” or “NG9-1-1” means an:
a. IP-based system comprised of hardware, software, data,
and operational policies and procedures that:
(1) provides standardized interfaces from emergency
call and message services to support emergency
communications,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1429
(2) processes all types of emergency calls, including
voice, text, data and multimedia information,
(3) acquires and integrates additional emergency call
data useful to call routing and handling,
(4) delivers the emergency calls, messages and data
to the appropriate public safety answering point
and other appropriate emergency entities,
(5) supports data or video communications needs for
coordinated incident response and management, and
(6) provides broadband service to public safety
answering points or other first responder
entities, or
b. IP-based system comprised of hardware, software, data
and operational policies and procedures that conforms
with subsequent amendments made to the definition of
Next Generation 9-1-1 services in Public Law 112-96;
9. “9-1-1 emergency telephone service” means any telephone
system whereby telephone subscribers may utilize a three-digit
number (9-1-1) for reporting an emergency to the appropriate public
agency providing law enforcement, fire, medical or other emergency
services, including ancillary communications systems and personnel
necessary to pass the reported emergency to the appropriate
emergency service and which the wireless service provider is
required to provide pursuant to the Federal Communications
Commission Order 94-102 (961 Federal Register 40348);
10. “9-1-1 wireless telephone fee” means the fee imposed in
Section 2865 of this title to finance the installation and operation
of emergency 9-1-1 services and any necessary equipment;
11. “Person” means any service user, including, but not limited
to, any individual, firm, partnership, co-partnership, joint
venture, association, cooperative organization, private corporation,
whether organized for profit or not, fraternal organization,
nonprofit organization, estate, trust, business or common law trust,
receiver, assignee for the benefit of creditors, trustee or trustee
in bankruptcy, the United States of America, the state, any
political subdivision of the state, or any federal or state agency,
department, commission, board or bureau;
12. “Place of primary use” means the street address
representative of where the use of the mobile telecommunications
service of the customer primarily occurs, which shall be the
residential street address or the primary business street address of
the customer and shall be within the licensed service area of the
home service provider in accordance with Section 55001 of Title 68
of the Oklahoma Statutes and the federal Mobile Telecommunications
Sourcing Act, P.L. No. 106-252, codified at 4 U.S.C. 116-126;
13. “Prepaid wireless telecommunications service” means a
telecommunications wireless service that provides the right to
Oklahoma Statutes - Title 63. Public Health and Safety Page 1430
utilize mobile wireless service as well as other telecommunications
services including the download of digital products delivered
electronically, content and ancillary services, which are paid for
in advance and sold in predetermined units or dollars of which the
number declines with use in a known amount;
14. “Proprietary information” means wireless service provider
or VoIP service provider, subscriber, market share, cost and review
information;
15. “Public agency” means any city, town, county, municipal
corporation, public district, public trust, substate planning
district, public authority or tribal authority located within this
state which provides or has authority to provide firefighting, law
enforcement, ambulance, emergency medical or other emergency
services;
16. “Public safety answering point” or “PSAP” means an entity
responsible for receiving 9-1-1 calls and processing those calls
according to specific operational policy;
17. “Public safety telecommunicator” means a person who
performs a public service by processing, analyzing, and dispatching
calls for emergency assistance. The person is a first responder
that provides pre-arrival instructions and has specialized training
to mitigate the loss of life and property;
18. “Service user” means any person who is provided exchange
telephone service in this state;
19. “Tariff rate” means the rate or rates billed by a local
exchange telephone company stated in tariffs applicable for such
company, as approved by the Oklahoma Corporation Commission, or the
current equivalent of such rates, which represent the recurring
charges of such local exchange telephone company for exchange
telephone service or its equivalent, exclusive of all taxes, fees,
licenses or similar charges whatsoever;
20. “Wireless service provider” means a provider of commercial
mobile service under Section 332(d) of the Telecommunications Act of
1996, 47 U.S.C., Section 151 et seq., Federal Communications
Commission rules, and the Omnibus Budget Reconciliation Act of 1993,
Pub. L. No. 103-66, and includes a provider of wireless two-way
communication service, radio-telephone communications related to
cellular telephone service, network radio access lines or the
equivalent, and personal communication service. The term does not
include a provider of:
a. a service whose users do not have access to 9-1-1
service,
b. a communication channel used only for data
transmission, or
c. a wireless roaming service or other nonlocal radio
access line service;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1431
21. “Wireless telecommunications connection” means the ten-
digit access number assigned to a customer regardless of whether
more than one such number is aggregated for the purpose of billing a
service user; and
22. “Voice over Internet Protocol (VoIP) provider” means a
provider of interconnected Voice over Internet Protocol service to
end users in the state, including resellers.
Added by Laws 2016, c. 324, § 2, eff. Nov. 1, 2016. Amended by Laws
2022, c. 30, § 6, eff. Nov. 1, 2022; Laws 2023, c. 49, § 3, eff.
Nov. 1, 2023; Laws 2024, c. 452, § 146, emerg. eff. June 14, 2024.
§63-2863. Oklahoma 9-1-1 Management Authority – Creation - Members.
A. There is hereby created the Oklahoma 9-1-1 Management
Authority which shall be the governing board overseeing the
development and regulation of 9-1-1 emergency systems in this state
and managing the distribution of all 9-1-1 telephone fees collected
pursuant to the provisions of Section 2865 of this title.
B. The Authority shall be composed of the following members:
1. One member representing a tribal authority that operates a
9-1-1 system to be appointed by the President Pro Tempore of the
Senate;
2. One member representing a statewide organization dedicated
to public safety to be appointed by the President Pro Tempore of the
Senate;
3. One member representing a statewide organization dedicated
to career development for emergency number professionals to be
appointed by the Governor;
4. One member representing a statewide organization dedicated
to representing Oklahoma municipalities to be appointed by the
Speaker of the House of Representatives;
5. One member representing a statewide organization
representing Oklahoma county commissioners to be appointed by the
Governor;
6. One member representing a statewide association of regional
councils of government to be appointed by the President Pro Tempore
of the Senate;
7. The Chief Information Officer for the state, or designee;
8. One member representing a substate planning district to be
appointed by the Governor;
9. Two members each representing a municipal government
operating a 9-1-1 system and having a population of less than one
hundred thousand (100,000), one to be appointed by the Speaker of
the House of Representatives, and one to be appointed by the
Governor;
10. One member representing a municipal government operating a
9-1-1 system and having a population of more than one hundred
Oklahoma Statutes - Title 63. Public Health and Safety Page 1432
thousand (100,000) but less than four hundred fifty thousand
(450,000) to be appointed by the Governor;
11. One member representing a municipal government operating a
9-1-1 system and having a population of more than four hundred fifty
thousand (450,000) to be appointed by the Speaker of the House of
Representatives;
12. One member representing an organization created by an
interlocal agreement for the purpose of sharing public safety
answering point duties and whose members are municipal governments
with a population of less than four hundred fifty thousand (450,000)
to be appointed by the Governor;
13. One member representing an organization created by an
interlocal agreement for the purpose of sharing public safety
answering point duties and whose members are municipal governments
with a population of more than four hundred fifty thousand (450,000)
to be appointed by the President Pro Tempore of the Senate;
14. One member who is a 9-1-1 coordinator for a county with a
population of less than twenty thousand (20,000) to be appointed by
the Speaker of the House of Representatives;
15. One member who is a 9-1-1 coordinator for a county with a
population of more than twenty thousand (20,000) to be appointed by
the President Pro Tempore of the Senate;
16. One member who is a 9-1-1 coordinator for a county to be
appointed by the Governor; and
17. The Oklahoma Secretary of Public Safety or designee.
C. There shall be five (5) nonvoting 9-1-1 industry members.
Nonvoting members are not required for a quorum. Nonvoting members
shall not be included in executive sessions. The nonvoting members
shall be made up of the following:
1. One member representing a local exchange telecommunications
service provider which serves less than fifty thousand (50,000)
access lines in the state or a telephone cooperative, to be
appointed by the President Pro Tempore of the Senate;
2. One member representing a local exchange telecommunications
service provider which serves more than fifty thousand (50,000)
access lines in the state, to be appointed by the Speaker of the
House of Representatives;
3. One member representing a Tier I wireless carrier, as
defined by the Federal Communications Commission, to be appointed by
the Speaker of the House of Representatives;
4. One member representing a Tier III wireless carrier, as
defined by the Federal Communications Commission, to be appointed by
the President Pro Tempore of the Senate; and
5. One member representing the telephone industry, to be
appointed by the President Pro Tempore of the Senate.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1433
D. Members shall serve at the pleasure of their appointing
authority and vacancies shall be filled by the original appointing
authority.
E. Members shall receive no compensation for serving on the
Authority.
F. The Authority shall be subject to the Oklahoma Open Records
Act and the Oklahoma Open Meeting Act.
G. The members of the Oklahoma 9-1-1 Management Authority shall
be reimbursed for mileage or actual travel expense, whichever is
less, to attend regular and special meetings when the travel exceeds
fifty (50) miles from their home or business, whichever is closer to
the meeting location.
H. The Oklahoma Department of Emergency Management and Homeland
Security shall provide administrative, fiscal and staff support for
the Authority. Expenses related to the provision of such services
may be paid from funds available in the Oklahoma 9-1-1 Management
Authority Revolving Fund created in Section 2869 of this title, upon
approval by a majority of the members of the Authority.
I. Members serving on the Statewide Nine-One-One Advisory Board
appointed pursuant to Section 2847 of this title on November 1,
2016, shall continue serving as members of the Oklahoma 9-1-1
Management Authority unless replaced by their appointing authority.
Added by Laws 2016, c. 324, § 3, eff. Nov. 1, 2016. Amended by Laws
2023, c. 258, § 6, eff. Nov. 1, 2023.
§63-2864. Powers and duties.
The powers and duties of the Oklahoma 9-1-1 Management Authority
created in Section 2863 of this title shall be to:
1. Approve or disapprove the selection of the Oklahoma 9-1-1
Coordinator by majority vote of the members. The Authority shall
direct the Oklahoma 9-1-1 Coordinator to administer grants approved
by the Authority pursuant to this section and perform other duties
as it deems necessary to accomplish the requirements of the Oklahoma
9-1-1 Management Authority Act;
2. Prepare grant solicitations for funding for the purposes of
assisting public agencies with funding for consolidation of
facilities or services, deployment of Phase II technology or
successor technology, development of next-generation 9-1-1 regional
emergency service networks, and for other purposes it deems
appropriate and necessary;
3. Work in conjunction with the Oklahoma Department of
Emergency Management and Homeland Security to create an annual
budget for the Authority, which shall be approved by majority vote
of the members;
4. Direct the Oklahoma Tax Commission to escrow all or any
portion of funds collected pursuant to the Oklahoma 9-1-1 Management
Oklahoma Statutes - Title 63. Public Health and Safety Page 1434
Authority Act attributable to a public agency, if the public agency
fails to:
a. submit or comply with master plans to deliver Next
Generation 9-1-1 (NG9-1-1) services as required by the
Oklahoma 9-1-1 Management Authority Act and approved
by the Authority. Local plans must align with the
State’s Master plan to deploy NG9-1-1,
b. meet standards of the National Emergency Number
Association (NENA) limited to call-taking and caller-
location technology or comply with an improvement plan
to meet such standards as directed by the Authority,
c. submit annual reports or audits as required by the
Oklahoma 9-1-1 Management Authority Act,
d. provide connectivity and interoperability between
state, regional and local next-generation systems, or
e. comply with the requirements of the Oklahoma 9-1-1
Management Authority Act or procedures established by
the Authority;
5. Establish and submit to the Tax Commission a list of
eligible governing bodies entitled to receive 9-1-1 telephone fees
and establish annual population figures and square miles for the
coverage area of the public safety answering points (PSAPs) for the
purpose of distributing fees collected pursuant to Section 2865 of
this title. Distribution of the net monthly revenue from 9-1-1 fees
after the distributions established in Sections 2865, 2866, and 2867
of this title will be provided to eligible governing bodies
established by this section as follows:
a. a flat rate of Three Thousand Dollars ($3,000.00) per
month per PSAP, and
b. from the remaining balance:
(1) ten percent (10%) to be derived by dividing the
land area covered by each public agency’s
response area by the total land area of the
state, and
(2) ninety percent (90%) to be derived by dividing
the population of each public agency’s response
area by the total population of the state using
data from the latest available Census estimates
as of July 1 of each year;
6. Assist any public agency the Authority determines is
performing below NENA standards, as limited by paragraph 4 of this
section, according to the improvement plan required by the Oklahoma
9-1-1 Management Authority Act. The Authority shall establish a
time period for the public agency to come into compliance after
which the Authority shall escrow funds as authorized in this
section. Improvement plans may include consideration and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1435
recommendations for consolidation with other public agencies, and
sharing equipment and technology with other jurisdictions;
7. Require an annual report from public agencies regarding
operations and financing of the public safety answering point (PSAP)
and approve, modify or reject such reports;
8. Conduct and review audits and financial records of the
wireless service providers and review public agencies’ audits and
financial records regarding the collection, remittance and
expenditures of 9-1-1 wireless telephone fees as required by the
Oklahoma 9-1-1 Management Authority Act;
9. Develop a master plan to deploy next-generation 9-1-1
services statewide. This will include the development of
performance criteria critical to the function and performance of
NG9-1-1 networks and systems;
10. Establish rules for interoperability between state,
regional and local NG9-1-1 systems;
11. Facilitate information-sharing among public agencies;
12. Create and maintain best practices databases for PSAP
operations;
13. Encourage equipment- and technology-sharing among all
jurisdictions;
14. Develop training program standards for public safety
telecommunicators for call taking.
Training program standards shall include instruction
on recognizing the need for and delivery of High-
Quality Telecommunicator CPR (T-CPR) that can be
delivered by 9-1-1 public safety telecommunicators for
acute events requiring CPR including, but not limited
to, out-of-hospital cardiac events (OHCA);
15. Mediate disputes between public agencies and other entities
involved in providing 9-1-1 emergency telephone services;
16. Provide a clearinghouse of contact information for
communications service companies and PSAPs operating in this state;
17. Make recommendations for consolidation upon the request of
public agencies;
18. Establish contracts for the necessary equipment and
services to deliver 9-1-1 calls to the public safety answering
points;
19. Establish an eligible use list for 9-1-1 funds; and
20. Take any steps necessary to carry out the duties required
by the Oklahoma 9-1-1 Management Authority Act.
Added by Laws 2016, c. 324, § 4, eff. Nov. 1, 2016. Amended by Laws
2021, c. 295, § 1, eff. Nov. 1, 2021; Laws 2022, c. 30, § 7, eff.
Nov. 1, 2022; Laws 2023, c. 258, § 7, eff. Nov. 1, 2023.
§63-2865. Fees - Transactions.
A. There shall be imposed a 9-1-1 telephone fee as follows:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1436
1. One Dollar and twenty-five cents ($1.25) monthly on each
wireless telephone connection and other wireless communication
device or service connection with the ability to dial 9-1-1 for
emergency calls;
2. One Dollar and twenty-five cents ($1.25) monthly on each
service with the ability to dial 9-1-1 for emergency calls,
including landline; and
3. One Dollar and twenty-five cents ($1.25) on each prepaid
wireless retail transaction occurring in this state.
B. 1. For purposes of paragraph 3 of subsection A of this
section, a retail transaction that is effected in person by a
consumer at a business location of the seller shall be treated as
occurring in this state if that business location is in this state.
Any other retail transaction shall be sourced as provided in
paragraphs 2 through 5 of this subsection as applicable.
2. When the retail transaction does not occur at a business
location of the seller, the retail transaction shall be sourced to
the location where receipt by the consumer, or the consumer’s donee,
designated as such by the consumer, occurs, including the location
indicated by instructions for delivery to the consumer or donee,
known to the seller.
3. When the provisions of paragraph 2 of this subsection do not
apply, the sale shall be sourced to the location indicated by an
address for the consumer that is available from the business records
of the seller that are maintained in the ordinary course of the
seller’s business when use of this address does not constitute bad
faith.
4. When the provisions of paragraphs 2 and 3 of this subsection
do not apply, the sale shall be sourced to the location indicated by
an address for the consumer obtained during the consummation of the
sale, including the address of a consumer’s payment instrument, if
no other address is available, when use of this address does not
constitute bad faith.
5. When none of the previous rules of paragraphs 1, 2, 3 and 4
of this subsection apply, including the circumstance in which the
seller is without sufficient information to apply the previous
rules, then the location shall be determined by the address from
which the service was provided, disregarding for these purposes any
location that merely provided the digital transfer of the product
sold. If the seller knows the mobile telephone number, the location
will be that which is associated with the mobile telephone number.
C. From each one-dollar-and-twenty-five-cent fee assessed and
collected pursuant to subsection A of this section, twenty-two cents
($0.22) shall be deposited into the Oklahoma 9-1-1 Management
Authority Revolving Fund created pursuant to Section 2869 of this
title. Funds accumulating in this revolving fund shall be used to
fund the salary of the Oklahoma 9-1-1 Coordinator and any
Oklahoma Statutes - Title 63. Public Health and Safety Page 1437
administrative staff, operations of the Authority and any costs
associated with the administration of the Oklahoma 9-1-1 Management
Authority Act within the Oklahoma Department of Emergency Management
and Homeland Security, and for grants approved by the Authority for
purposes as authorized in the Oklahoma 9-1-1 Management Authority
Act.
Added by Laws 2016, c. 324, § 5, eff. Nov. 1, 2016. Amended by Laws
2023, c. 258, § 8, eff. Nov. 1, 2023.
§63-2866. Collection, payment, and distribution of fees by
providers.
A. 9-1-1 telephone fees authorized and collected by providers,
pursuant to paragraphs 1 and 2 of subsection A of Section 2865 of
this title, from each of their end users residing in this state
shall be paid to the Oklahoma Tax Commission no later than the
twentieth day of the month succeeding the month of collection.
B. From the total fees collected pursuant to paragraphs 1 and 2
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 the fees.
C. Every billed service subscriber shall be liable for any 9-1-
1 fee imposed pursuant to the Oklahoma 9-1-1 Management Authority
Act until the fee has been paid to the service provider.
D. Fees imposed pursuant to the Oklahoma 9-1-1 Management
Authority Act which are required to be collected by the provider may
be added to and shall be stated separately in any billings to the
service subscriber.
E. The provider shall have no obligation to take any legal
action to enforce the collection of any fee imposed pursuant to the
provisions of the Oklahoma 9-1-1 Management Authority Act. Should
any service subscriber tender a payment insufficient to satisfy all
charges, tariffs, fees and taxes for the service, the amount
tendered shall be credited to the 9-1-1 wireless telephone fee in
the same manner as other taxes and fees.
F. Any 9-1-1 fee imposed pursuant to the provisions of the
Oklahoma 9-1-1 Management Authority Act shall be collected insofar
as practicable at the same time as, and along with, the charges for
the service in accordance with the regular billing practice of the
provider.
G. Nothing in the Oklahoma 9-1-1 Management Authority Act shall
be construed to limit the ability of a provider from recovering its
costs associated with designing, developing, deploying and
maintaining enhanced 9-1-1 service directly from the service
subscribers of the provider, whether the costs are itemized on the
bill of the service subscriber as a surcharge or by any other lawful
means.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1438
H. The provider shall maintain records of the amount of 9-1-1
telephone fees collected in accordance with the provisions of the
Oklahoma 9-1-1 Management Authority Act for a period of three (3)
years from the time the fee is collected. The State Auditor and
Inspector, the Oklahoma 9-1-1 Management Authority or any affected
public agency may require an annual audit of the books and records
of the provider concerning the collection and remittance of fees
authorized by the Oklahoma 9-1-1 Management Authority Act. Auditors
shall have access to all information used by the provider to
calculate and remit the 9-1-1 telephone fee. Audit expenses shall
be reimbursable pursuant to procedures established by the Oklahoma
9-1-1 Management Authority if the audit is approved by the
Authority.
I. The provider shall provide to the Oklahoma 9-1-1 Management
Authority an annual census showing the primary place of use of its
subscribers located by county and either a municipality or
unincorporated area. The census shall contain all subscribers as of
December 31 of each year, and shall be provided to the Authority no
later than February 1 of each year.
J. All proprietary information provided by a provider to the
Authority shall not be subject to disclosure to the public or any
other party.
K. Within thirty (30) days of receipt, the Oklahoma Tax
Commission shall pay available fees remitted pursuant to Section
2865 of this title to the governing bodies that the Oklahoma 9-1-1
Management Authority has certified in accordance with Section 2864
of this title as eligible to receive funds. The share to be paid to
or escrowed for each governing body shall be determined by the
formula provided for in paragraph 5 of Section 2864 of this title.
L. The Oklahoma Tax Commission shall provide the 9-1-1
Management Authority 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, § 6, eff. Nov. 1, 2016. Amended by Laws
2021, c. 295, § 2, eff. Nov. 1, 2021; Laws 2023, c. 258, § 9, eff.
Nov. 1, 2023.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1439
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.
§63-2868. See the following versions:
OS 63-2868v1 (HB 1897, Laws 2023, c. 49, § 4).
OS 63-2868v2 (HB 1590, Laws 2023, c. 258, § 11).
§63-2868v1. Use of funds – Annual audit – Annual report.
A. Public agencies recognized by the Oklahoma 9-1-1 Management
Authority and authorized to receive funds collected pursuant to the
provisions of the Oklahoma 9-1-1 Management Authority Act shall use
the funds only for services, equipment and operations related to 9-
1-1 emergency telephone services.
B. The 9-1-1 Management Authority will oversee all 9-1-1 fees
collected by this act. The Authority may order the Oklahoma Tax
Oklahoma Statutes - Title 63. Public Health and Safety Page 1440
Commission to escrow fees attributable to public agencies which have
misspent, diverted or supplanted 9-1-1 collected fees to a purpose
other than what is authorized by this act.
C. Money remitted to public agencies pursuant to the Oklahoma
9-1-1 Management Authority Act and any money otherwise collected by
any lawful means for purposes of providing 9-1-1 emergency telephone
services shall be deposited in a separate 9-1-1 emergency telephone
service account established by a public agency or its governing body
to carry out the requirements of the Oklahoma 9-1-1 Management
Authority Act. Monies remaining in such accounts at the end of a
fiscal year shall carry over to subsequent years. The monies
deposited in the Oklahoma 9-1-1 Management Authority Revolving Fund
shall at no time be monies of the state and shall not become part of
the general budget of the Office of Emergency Management or any
other state agency. Except as otherwise authorized by the Oklahoma
9-1-1 Management Authority Act, no monies from the Oklahoma 9-1-1
Management Authority Revolving Fund shall be transferred for any
purpose to any other state agency or any account of the Office of
Emergency Management or be used for the purpose of contracting with
any other state agency or reimbursing any other state agency for any
expense. Payments from the Oklahoma 9-1-1 Management Authority
Revolving Fund shall not become or be construed to be any obligation
of the state. No claims for reimbursement from the Oklahoma 9-1-1
Management Authority Revolving Fund shall be paid with state monies.
D. If the Oklahoma 9-1-1 Management Authority determines that
the public agency has failed to deploy Phase II service, failed to
meet the State master plan for NG9-1-1 services or has failed to
deliver service consistent with National Emergency Number
Association (NENA) standards, the public agency shall submit an
improvement plan within the time prescribed by the Authority. The
Authority may order the Oklahoma Tax Commission to escrow fees
attributable to public agencies which have not submitted plans or
complied with improvement plans.
E. A public agency shall be required to have conducted
separately or as a part of the annual audit required by law of the
municipality or county an annual audit of any accounts established
or used for the operation of a 9-1-1 emergency telephone system.
The audit may be conducted by the State Auditor and Inspector at the
discretion of the public agency. The cost of the audit of the 9-1-1
emergency telephone system may be paid from and be considered a part
of the operating expenses of the 9-1-1 emergency telephone system.
Proprietary information of the wireless service providers shall be
confidential. Audit information pertaining to revenue collected or
disbursed may be released only in aggregate form so that no
provider-specific information may be extrapolated.
F. Public agencies shall be required to annually submit to the
Authority:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1441
1. A report, on a form to be prescribed by the Authority,
covering the operation and financing of the public safety answering
point which shall include all sources of funding available to the
public agency for the 9-1-1 emergency telephone system; and
2. A copy of the most recent annual audit or budget showing all
expenses of the public agency relating to the 9-1-1 emergency
telephone system.
G. The Authority shall have the power to review, approve,
submit for further information or deny approval of the annual report
of each public agency required pursuant to subsection F of this
section. Failure by a public agency to submit the report annually
or denial of a report may cause the Authority to order the Tax
Commission to escrow the 9-1-1 emergency telephone fees due to the
public agency until the public agency complies with the requirements
of the Oklahoma 9-1-1 Management Authority Act and the procedures
established by the Authority.
Added by Laws 2016, c. 324, § 8, eff. Nov. 1, 2016. Amended by Laws
2021, c. 295, § 4, eff. Nov. 1, 2021; Laws 2023, c. 49, § 4, eff.
Nov. 1, 2023.
§63-2868v2. Use of funds – Annual audit – Annual report.
A. Public agencies recognized by the Oklahoma 9-1-1 Management
Authority and authorized to receive funds collected pursuant to the
provisions of the Oklahoma 9-1-1 Management Authority Act shall use
the funds only for services, equipment and operations related to 9-
1-1 emergency telephone services.
B. The 9-1-1 Management Authority will oversee all 9-1-1 fees
collected under this section and Sections 2864, 2866, and 2867 of
this title. The Authority may order the Oklahoma Tax Commission to
escrow fees attributable to public agencies which have misspent,
diverted or supplanted 9-1-1 collected fees to a purpose other than
what is authorized by this section and Sections 2864, 2866, and 2867
of this title.
C. Money remitted to public agencies pursuant to the Oklahoma
9-1-1 Management Authority Act and any money otherwise collected by
any lawful means for purposes of providing 9-1-1 emergency telephone
services shall be deposited in a separate 9-1-1 emergency telephone
service account established by a public agency or its governing body
to carry out the requirements of the Oklahoma 9-1-1 Management
Authority Act. Monies deposited in this account may be transferred
to another account within the governing body, but a 9-1-1-specific
sub-account line item shall be maintained with the accounting
system. Monies remaining in such accounts at the end of a fiscal
year shall carry over to subsequent years. The monies deposited in
the Oklahoma 9-1-1 Management Authority Revolving Fund shall at no
time be monies of the state and shall not become part of the general
budget of the Oklahoma Department of Emergency Management and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1442
Homeland Security or any other state agency. Except as otherwise
authorized by the Oklahoma 9-1-1 Management Authority Act, no monies
from the Oklahoma 9-1-1 Management Authority Revolving Fund shall be
transferred for any purpose to any other state agency or any account
of the Oklahoma Department of Emergency Management and Homeland
Security or be used for the purpose of contracting with any other
state agency or reimbursing any other state agency for any expense.
Payments from the Oklahoma 9-1-1 Management Authority Revolving Fund
shall not become or be construed to be any obligation of the state.
No claims for reimbursement from the Oklahoma 9-1-1 Management
Authority Revolving Fund shall be paid with state monies.
D. If the Oklahoma 9-1-1 Management Authority determines that
the public agency has failed to deploy Phase II service, failed to
meet the State master plan for NG9-1-1 services or has failed to
deliver service consistent with National Emergency Number
Association (NENA) standards, the public agency shall submit an
improvement plan within the time prescribed by the Authority. The
Authority may order the Oklahoma Tax Commission to escrow fees
attributable to public agencies which have not submitted plans or
complied with improvement plans.
E. A public agency shall be required to have conducted
separately or as a part of the annual audit required by law of the
municipality or county an annual audit of any accounts established
or used for the operation of a 9-1-1 emergency telephone system.
The audit may be conducted by the State Auditor and Inspector at the
discretion of the public agency. The cost of the audit of the 9-1-1
emergency telephone system may be paid from and be considered a part
of the operating expenses of the 9-1-1 emergency telephone system.
Proprietary information of the wireless service providers shall be
confidential. Audit information pertaining to revenue collected or
disbursed may be released only in aggregate form so that no
provider-specific information may be extrapolated.
F. Public agencies shall be required to annually submit to the
Authority:
1. A report, on a form to be prescribed by the Authority,
covering the operation and financing of the public safety answering
point which shall include all sources of funding available to the
public agency for the 9-1-1 emergency telephone system; and
2. A copy of the most recent annual audit or budget showing all
expenses of the public agency relating to the 9-1-1 emergency
telephone system.
G. The Authority shall have the power to review, approve,
submit for further information or deny approval of the annual report
of each public agency required pursuant to subsection F of this
section. Failure by a public agency to submit the report annually
or denial of a report may cause the Authority to order the Tax
Commission to escrow the 9-1-1 emergency telephone fees due to the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1443
public agency until the public agency complies with the requirements
of the Oklahoma 9-1-1 Management Authority Act and the procedures
established by the Authority.
H. The governing body or public safety oversight designee of
the public agency shall meet at least quarterly to oversee the
operations of the 9-1-1 emergency telephone system, review
expenditures and annually set and approve an operating budget, and
take any other action as necessary for the operation and management
of the system.
I. Records and meetings of the public agency shall be subject
to the Oklahoma Open Records Act and the Oklahoma Open Meeting Act.
Added by Laws 2016, c. 324, § 8, eff. Nov. 1, 2016. Amended by Laws
2021, c. 295, § 4, eff. Nov. 1, 2021; Laws 2023, c. 258, § 11, eff.
Nov. 1, 2023.
§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.
§63-2869.1. Repealed by Laws 2024, c. 343, § 1, emerg. eff. May 28,
2024.
§63-2869.2. Repealed by Laws 2024, c. 343, § 2, emerg. eff. May 28,
2024.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1444
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.
§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.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1445
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.
§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.
§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.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1446
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.
§63-2871. Short title — Regional Emergency 9-1-1 Services Act —
Purpose — Regional emergency communication districts.
A. This act shall be known and may be cited as the “Regional
Emergency 9-1-1 Services Act”.
B. It is the purpose of the Regional Emergency 9-1-1 Services
Act to encourage formation of emergency communication districts in
order to provide efficient delivery of emergency 9-1-1 service
throughout the state.
C. The Regional Emergency 9-1-1 Services Act shall not apply to
any 9-1-1 system or public agency participating in a 9-1-1 system
that was established prior to January 1, 2017, and that had adopted
Phase II 9-1-1 service by that date.
D. A new public safety answering point shall not be established
after July 1, 2024, unless the new public safety answering point is
established as a result of:
1. A consolidation with an existing public safety answering
point; or
2. A replacement of an existing public safety answering point.
E. For the purposes of this section:
1. “District” means an emergency communication district;
2. “Emergency communication district” means a district formed
pursuant to the Regional Emergency 9-1-1 Services Act to deliver
emergency 9-1-1 services on a regional basis;
3. “9-1-1 system” means an entity that processes emergency 9-1-
1 calls through a public safety answering point;
4. “Participating public agency” means a public agency that is
included in a district;
5. “Principal municipality” means the municipality with the
largest population in a district; and
6. “Public agency” means any city, town, county, municipal
corporation, public district, public trust, substate planning
district, public authority or tribal authority located within this
state which provides or has authority to provide firefighting, law
Oklahoma Statutes - Title 63. Public Health and Safety Page 1447
enforcement, ambulance, emergency medical or other emergency
services.
F. On or before December 31, 2017, all public agencies in this
state shall form regional emergency communication districts for the
purpose of creating an area-wide emergency 9-1-1 system for their
respective jurisdictions. The territory of the district shall be
coextensive with the territory of the regional substate planning
district unless a different territory is approved by the Oklahoma 9-
1-1 Management Authority. If a public agency is situated in more
than one such territory, it shall become part of the district in
which it is principally located. If, due to the effect of
subsection C of this section, the majority of the participating
public agencies located in the territory of a proposed district
determine that it would be in the best interests of their citizens,
they may request inclusion in an adjacent district.
G. The public agencies to be included in each district may form
the district by entering into local cooperative agreements which
shall establish a governance structure and provide for the joint
implementation, funding, operation, and management of the district.
H. If the public agencies in a region are unable to develop a
local cooperative agreement by December 31, 2017, they shall be
included in an emergency communication district that is governed by
a board of directors consisting of an appointee by each public
agency that was authorized by its voters to fund a 9-1-1 system
prior to the formation of the district, one appointee elected by a
majority of the remaining public agencies in the district, and an
additional appointee by the principal municipality in the district
who shall serve as chair of the board.
I. Unless otherwise provided by agreement, any participating
public agency that had been authorized by its voters to fund a 9-1-1
system prior to the formation of the district shall retain control
of the property, operation, and funding of its system; provided,
however, the district may contract with such participating public
agency to include the agency’s system in the district’s master
implementation plan. To the extent practicable, the district shall
not duplicate the equipment or answering point services already
provided by a participating public agency. A user of one or more
communication services subject to the payment of fees or taxes for
an emergency 9-1-1 system shall not be charged for more than one
such fee or tax for each service.
J. An emergency communication district shall have power to make
all contracts to carry out the purposes of the Regional Emergency 9-
1-1 Services Act, purchase and convey real property, impose service
fees authorized for public agencies for the provision of 9-1-1
service, appoint a manager of the district, and adopt rules and
policies for the operation of the district.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1448
K. Within one (1) year after the effective date of the
formation of the district, the board of directors shall submit its
master plan to deliver Phase II emergency 9-1-1 service throughout
its territory to the Oklahoma 9-1-1 Management Authority for
approval. The Authority shall have the power to prescribe the terms
of the plan and to approve or disapprove the master plan.
Additionally, the Authority shall have the power to request the Tax
Commission to escrow the wireless fees attributable to the public
agencies which have not submitted a master plan or which have not
complied with the terms of the master plan.
L. An emergency communication district shall operate on a
fiscal year beginning July 1. It shall adopt an annual budget and
cause to be prepared an independent financial audit annually. As
soon as practicable after the end of the fiscal year, the district
shall deliver to each participating public agency an annual report
showing in detail the operations of the district.
Added by Laws 2009, c. 291, § 1, eff. July 1, 2009. Amended by Laws
2016, c. 324, § 11, eff. Nov. 1, 2016. Renumbered from § 2849 of
this title by Laws 2016, c. 324, § 13, eff. Nov. 1, 2016; Laws 2023,
c. 258, § 12, eff. Nov. 1, 2023.
§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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1449
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.
§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.
§63-2902. Disbursement and implementation of Fund - Publicizing
program - Eligibility standards - Priority of applications -
Issuance of grants - Form of applications - Contractors;
eligibility, payments, monitoring and audit of financial and
operating records.
A. The Oklahoma Department of Commerce shall be responsible for
the disbursement and implementation of the Energy Conservation
Assistance Fund.
B. The Department shall involve senior citizen groups, social
service agencies and other civic groups in publicizing such program.
C. The Department of Human Services, in cooperation with the
Oklahoma Department of Commerce, shall determine eligibility
requirements necessary to qualify a homeowner to obtain such grants.
Upon meeting any such eligibility standards, the Department of Human
Services shall certify to the Oklahoma Department of Commerce that
such homeowner is qualified to receive such grant upon notification
of such certification. The Oklahoma Department of Commerce shall
distribute the grant funds. Priorities shall be established for
applications according to those indicating the greatest need. Low-
income elderly and handicapped applicants shall be given first
priority.
D. In order to qualify for grant assistance, the property shall
meet all of the following requirements:
1. The property shall be the homestead of the applicant; and
2. The property for which the grant is issued shall not be
income-producing or used in any method other than as the principal
residence of the applicant.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1450
E. Grants may be issued to finance the following types of
weatherization:
1. Structural repairs necessary to improve efficient heating
and cooling of the residence;
2. Insulation for attics, walls and water heaters;
3. Replacement of broken glass, inefficient doors and door
thresholds;
4. Storm windows;
5. Caulking and weather stripping; and
6. Other appropriate energy conservation measures as determined
by the Oklahoma Department of Commerce.
No grants shall be made through this program unless an energy
audit has been performed on the applicant's principal residence.
No grant shall exceed Three Thousand Dollars ($3,000.00). No
grant shall be awarded to any applicant with an annual income in
excess of the amount specified in this subsection.
Income eligibility shall be determined based on one hundred
twenty-five percent (125%) of the poverty guidelines issued by the
United States Office of Management and Budget.
F. The application for the grant shall be in such form as
determined by the Oklahoma Department of Commerce. No grant shall
be issued to any person until such person has been certified as
eligible by the Department of Human Services. The applicant shall
be provided with copies of all documents related to the issuance of
the grant. The applicant shall provide documents, as required,
concerning the status of property and household income.
G. 1. The Oklahoma Department of Commerce contractors shall be
nonprofit community action agencies or other nonprofit entities
experienced with weatherization programs. The Oklahoma Department
of Commerce shall monitor contractors for compliance with all
Department policies, guidelines and regulations.
2. Contractors shall be responsible for completion and
inspection of all work undertaken. No payment shall be made to any
contractor until after the required documentation is submitted and
approved by the Oklahoma Department of Commerce. Payments to
contractors shall be made for services rendered and shall be based
on the costs previously agreed to in writing.
H. The Oklahoma Department of Commerce shall actively monitor
and audit the financial and operating records of the contractors
involved with the Energy Conservation Assistance Fund to assure
appropriate compliance with established regulations, guidelines and
standards. The Oklahoma Department of Commerce shall also monitor
contractors to ensure use of proper materials and workmanship.
Added by Laws 1982, c. 324, § 2. Amended by Laws 1986, c. 207, §
60, operative July 1, 1986; Laws 1989, c. 112, § 2, operative July
1, 1989.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1451
§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.
§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.
§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-
Oklahoma Statutes - Title 63. Public Health and Safety Page 1452
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.
§63-3001.1. Renumbered as § 2-11-502 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-3001.2. Renumbered as § 2-11-503 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-3080.1. Short title.
Sections 1 through 5 of this act shall be known and may be cited
as the "Hydration and Nutrition for Incompetent Patients Act".
Added by Laws 1987, c. 40, § 1, eff. Nov. 1, 1987.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1453
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.
§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.
§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:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1454
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.
§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.
§63-3090.1. Short title - Nondiscrimination in Treatment Act.
This act shall be known and may be cited as the
"Nondiscrimination in Treatment Act".
Added by Laws 2013, c. 160, § 1, eff. Nov. 1, 2013.
§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;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1455
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.
§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.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1456
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.
§63-3091.1. Short title - Right to Try Act.
This act shall be known and may be cited as the "Right to Try
Act".
Added by Laws 2015, c. 112, § 1, eff. Nov. 1, 2015.
§63-3091.2. Definitions.
For purposes of the Right to Try Act:
1. "Eligible patient" means a person who has:
a. a terminal illness, attested to by the patient's
treating physician,
b. considered all other treatment options currently
approved by the United States Food and Drug
Administration,
c. been unable to participate in a clinical trial for the
terminal illness within one hundred (100) miles of the
patient's home address, or not been accepted to the
clinical trial within one (1) week of completion of
the clinical trial application process,
d. received a recommendation from his or her physician
for the use of an investigational drug, biological
product or device,
e. given written, informed consent for the use of the
investigational drug, biological product or device or,
if the patient is a minor or lacks the mental capacity
to provide informed consent, a parent or legal
guardian has given written, informed consent on the
patient's behalf, and
f. documentation from his or her physician that he or she
meets the requirements of this paragraph.
"Eligible patient" does not include a person being treated as an
inpatient in a hospital licensed pursuant to the provisions of
Section 1-701 et seq. of Title 63 of the Oklahoma Statutes;
2. "Investigational drug, biological product or device" means a
drug, biological product or device that has successfully completed
phase one of a clinical trial but has not yet been approved for
general use by the United States Food and Drug Administration and
remains under investigation in a clinical trial approved by the
United States Food and Drug Administration;
3. "Terminal illness" means a disease that, without life-
sustaining procedures, will soon result in death or a state of
permanent unconsciousness from which recovery is unlikely; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1457
4. "Written, informed consent" means a written document signed
by the patient and attested to by the patient's physician and a
witness that, at a minimum:
a. explains the currently approved products and
treatments for the disease or condition from which the
patient suffers,
b. attests to the fact that the patient concurs with his
or her physician in believing that all currently
approved and conventionally recognized treatments are
unlikely to prolong the patient's life,
c. clearly identifies the specific proposed
investigational drug, biological product or device
that the patient is seeking to use,
d. describes the best and worst potential outcomes of
using the investigational drug, biological product or
device with a realistic description of the most likely
outcome, including the possibility that new,
unanticipated, different or worse symptoms might
result, and that death could be hastened by the
proposed treatment, based on the physician's knowledge
of the proposed treatment in conjunction with an
awareness of the patient's condition,
e. makes clear that the patient's health insurer and
provider are not obligated to pay for any care or
treatments consequent to the use of the
investigational drug, biological product or device,
f. makes clear that the patient's eligibility for hospice
care may be withdrawn if the patient begins curative
treatment and care may be reinstated if the curative
treatment ends and the patient meets hospice
eligibility requirements,
g. makes clear that in-home health care may be denied if
treatment begins, and
h. states that the patient understands that he or she is
liable for all expenses consequent to the use of the
investigational drug, biological product or device,
and that this liability extends to the patient's
estate unless a contract between the patient and the
manufacturer of the drug, biological product or device
states otherwise.
Added by Laws 2015, c. 112, § 2, eff. Nov. 1, 2015.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1458
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.
§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.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1459
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.
§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.
§63-3091.7. Clinical trials.
Nothing in the Right to Try Act affects the mandatory health
care coverage for participation in clinical trials.
Added by Laws 2015, c. 112, § 7, eff. Nov. 1, 2015.
§63-3101. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§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.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1460
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.
§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;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1461
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.
§63-3101.4. Advance directive - Execution - Specific
nutrition/hydration provision - Form - Inclusion in declarant's
medical records - Authority of proxy - Designation based on
religious beliefs or tenets.
A. An individual of sound mind and eighteen (18) years of age
or older may execute at any time an advance directive for health
care governing the provision, withholding, or withdrawal of life-
sustaining treatment. The advance directive shall be signed by the
declarant and witnessed by two individuals who are eighteen (18)
years of age or older who are not legatees, devisees, or heirs at
law.
B. An advance directive that is not in the form set forth in
subsection C of this section and that is executed in Oklahoma shall
not be deemed to authorize the withholding or withdrawal of
artificially administered nutrition and/or hydration unless it
Oklahoma Statutes - Title 63. Public Health and Safety Page 1462
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 declarant.
C. An advance directive may be in substantially the following
form:
Advance Directive for Health Care
If I am incapable of making an informed decision regarding my health
care, I direct my health care providers to follow my instructions
below.
I. Living Will
If my attending physician and another physician determine
that I am no longer able to make decisions regarding my
medical treatment, I direct my attending physician and
other health care providers, pursuant to the Oklahoma
Advance Directive Act, to follow my instructions as set
forth below:
(1) If I have a terminal condition, that is, 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:
____ I direct that my life not be extended by
life-sustaining treatment, except that if I
am unable to take food and water by mouth, I
wish to receive artificially administered
nutrition and hydration.
Initial only ____ I direct that my life not be extended by
one option life-sustaining treatment, including
artificially administered nutrition and
hydration.
____ I direct that I be given life-sustaining
treatment and, if I am unable to take food
and water by mouth, I wish to receive
artificially administered nutrition and
hydration.
_____ See my more specific instructions in paragraph (4) below.
(Initial if applicable)
(2) If I am persistently unconscious, that is, I have
an irreversible condition, as determined by the
attending physician and another physician, in
which thought and awareness of self and
environment are absent:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1463
_____ I direct that my life not be extended by
life-sustaining treatment, except that if I
am unable to take food and water by mouth, I
wish to receive artificially administered
nutrition and hydration.
Initial only _____ I direct that my life not be extended by
one option life-sustaining treatment, including
artificially administered nutrition and
hydration.
_____ I direct that I be given life-sustaining
treatment and, if I am unable to take food
and water by mouth, I wish to receive
artificially administered nutrition and
hydration.
_____ See my more specific instructions in paragraph (4) below.
(Initial if applicable)
(3) If I have an end-stage condition, that is, a
condition caused by injury, disease, or illness,
which results in severe and permanent deterioration
indicated by incompetency and complete physical
dependency for which treatment of the irreversible
condition would be medically ineffective:
_____ I direct that my life not be extended by
life-sustaining treatment, except that if
I am unable to take food and water by mouth,
I wish to receive artificially administered
nutrition and hydration.
Initial only _____ I direct that my life not be extended by
one option life-sustaining treatment, including
artificially administered nutrition and
hydration.
_____ I direct that I be given life-sustaining
treatment and, if I am unable to take food
Oklahoma Statutes - Title 63. Public Health and Safety Page 1464
and water by mouth, I wish to receive
artificially administered nutrition and
hydration.
_____ See my more specific instructions in paragraph (4) below.
(Initial if applicable)
(4) OTHER. Here you may:
(a) describe other conditions in which you would
want life-sustaining treatment or
artificially administered nutrition and
hydration provided, withheld, or withdrawn,
(b) give more specific instructions about your
wishes concerning life-sustaining treatment
or artificially administered nutrition and
hydration if you have a terminal condition,
are persistently unconscious, or have an
end-stage condition, or
(c) do both of these:
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_______
Initial
II. My Appointment of My Health Care Proxy
If my attending physician and another physician determine that I am
no longer able to make decisions regarding my medical treatment, I
direct my attending physician and other health care providers
pursuant to the Oklahoma Advance Directive Act to follow the
instructions of _______________, whom I appoint as my health care
proxy. If my health care proxy is unable or unwilling to serve, I
appoint ______________ as my alternate health care proxy with the
same authority. My health care proxy is authorized to make whatever
medical treatment decisions I could make if I were able, except that
decisions regarding life-sustaining treatment and artificially
administered nutrition and hydration can be made by my health care
proxy or alternate health care proxy only as I have indicated in the
foregoing sections.
If I fail to designate a health care proxy in this section, I am
deliberately declining to designate a health care proxy.
III. Anatomical Gifts
Pursuant to the provisions of the Uniform Anatomical Gift Act, I
direct that at the time of my death my entire body or designated
body organs or body parts be donated for purposes of:
(Initial all that apply)
_____ transplantation
Oklahoma Statutes - Title 63. Public Health and Safety Page 1465
_____ therapy
_____ advancement of medical science, research, or education
_____ advancement of dental science, research, or education
Death means either irreversible cessation of circulatory and
respiratory functions or irreversible cessation of all functions of
the entire brain, including the brain stem. If I initial the “yes”
line below, I specifically donate:
_____ My entire body
or
_____ The following body organs or parts:
_____ lungs _____ liver
_____ pancreas _____ heart
_____ kidneys _____ brain
_____ skin _____ bones/marrow
_____ blood/fluids _____ tissue
_____ arteries _____ eyes/cornea/lens
IV. General Provisions
a. I understand that I must be eighteen (18) years of age
or older to execute this form.
b. I understand that my witnesses must be eighteen (18)
years of age or older and shall not be related to me
and shall not inherit from me.
c. I understand that if I have been diagnosed as pregnant
and that diagnosis is known to my attending physician,
I will be provided with life-sustaining treatment and
artificially administered hydration and nutrition
unless I have, in my own words, specifically
authorized that during a course of pregnancy, life-
sustaining treatment and/or artificially administered
hydration and/or nutrition shall be withheld or
withdrawn.
d. In the absence of my ability to give directions
regarding the use of life-sustaining procedures, it is
my intention that this advance directive shall be
honored by my family and physicians as the final
expression of my legal right to choose or refuse
medical or surgical treatment including, but not
limited to, the administration of life-sustaining
procedures, and I accept the consequences of such
choice or refusal.
e. This advance directive shall be in effect until it is
revoked.
f. I understand that I may revoke this advance directive
at any time.
g. I understand and agree that if I have any prior
directives, and if I sign this advance directive, my
prior directives are revoked.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1466
h. I understand the full importance of this advance
directive and I am emotionally and mentally competent
to make this advance directive.
i. I understand that my physician(s) shall make all
decisions based upon 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.
Signed this _____ day of __________, 20 __.
___________________________________
(Signature)
___________________________________
City of
___________________________________
County, Oklahoma
___________________________________
Date of birth
_______________________________________
(Optional for identification purposes)
This advance directive was signed in my presence.
___________________________________
Witness
___________________________, Oklahoma
Residence
___________________________________
Witness
___________________________, Oklahoma
Residence
D. A physician or other health care provider who is furnished
the original or a photocopy of the advance directive shall make it a
part of the declarant's medical record and, if unwilling to comply
with the advance directive, promptly so advise the declarant.
E. In the case of a qualified patient, the patient's health
care proxy, in consultation with the attending physician, shall have
the authority to make treatment decisions for the patient including
the provision, withholding, or withdrawal of life-sustaining
procedures if so indicated in the patient's advance directive.
F. A person executing an advance directive appointing a health
care proxy who may not have an attending physician for reasons based
on established religious beliefs or tenets may designate an
individual other than the designated health care proxy, in lieu of
an attending physician and other physician, to determine the lack of
decisional capacity of the person. Such designation shall be
specified and included as part of the advance directive executed
pursuant to the provisions of this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1467
Added by Laws 1992, c. 114, § 4, eff. Sept. 1, 1992. Amended by
Laws 1995, c. 99, § 1, eff. Nov. 1, 1995; Laws 2003, c. 270, § 1,
eff. Nov. 1, 2003; Laws 2004, c. 166, § 1, eff. Nov. 1, 2004; Laws
2006, c. 171, § 6, emerg. eff. May 17, 2006.
§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.
§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.
§63-3101.7. Qualified patient - Determination - Record.
The determination of the attending physician and another
physician that the patient is a qualified patient shall become a
part of the patient's medical record.
Added by Laws 1992, c. 114, § 7, eff. Sept. 1, 1992.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1468
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.
§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.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1469
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.
§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
Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes.
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 Class D3 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1470
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 Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes.
F. A person who coerces or fraudulently induces another to
execute an advance directive or revocation shall be, upon
conviction, guilty of a Class D3 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes.
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; Laws 2025, c.
486, § 737, eff. Jan. 1, 2026.
§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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1471
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.
§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.
§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.
§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.,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1472
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.
§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.
§63-3102. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3102.1. Advance directives registry database.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1473
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.
§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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1474
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.
§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.
§63-3102.4. Classes and priorities for persons authorized to make
health care decisions for those incapable of communicating.
A. When an adult patient or a person under eighteen (18) years
of age who may consent to have services provided by health
professionals under Section 2602 of this title is persistently
unconscious, incompetent or otherwise mentally or physically
incapable of communicating, a person who is reasonably available and
willing in the following classes, in the order of priority set forth
in this subsection, shall be authorized to make health care
decisions for the patient under the same standard as that applicable
to making life-sustaining treatment decisions under Section 3101.16
of this title, excluding any person who is disqualified from
exercising such authority by Section 3102.5 of this title. If those
Oklahoma Statutes - Title 63. Public Health and Safety Page 1475
within a class disagree, a majority within the class may make a
health care decision for the patient. However, a provider of health
care to the patient or any member or members of any of the following
classes may petition a court that would have jurisdiction over a
guardianship proceeding concerning the patient under Section 1-115
of Title 30 of the Oklahoma Statutes to seek an order directing a
different health care decision on the ground that the health care
decision or decisions made violate the standard required by this
section, granting another member or other members from among the
following classes (notwithstanding the statutory order of priority)
supervening authority to make health care decisions for the patient
on the ground that clear and convincing evidence demonstrates they
are more likely to adhere to that standard, or both. Upon motion by
any party, the court shall issue an order requiring that pending its
decision on the merits and the resolution of any appeal the patient
be provided with health care of which denial, in reasonable medical
judgment, would be likely to result in or hasten the death of the
patient, unless its provision would require denial of the same
health care to another patient. The classes are as follows:
1. 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
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;
2. A health care proxy, or alternate health care proxy,
designated by the patient, as defined in paragraph 6 of Section
3101.3 of Title 63 of the Oklahoma Statutes;
3. 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;
4. The patient's spouse;
5. Adult children of the patient;
6. Parents of the patient;
7. Adult siblings;
8. Other adult relatives of the patient in order of kinship; or
9. Close friends of the patient who have maintained regular
contact with the patient sufficient to be familiar with the
patient's personal values. Execution of an affidavit stating
specific facts and circumstances documenting such contact
constitutes prima facie evidence of close friendship.
B. Prior to making a health care decision for a patient
pursuant to subsection A of this section, a person shall provide to
the health care provider or health care entity a signed copy of the
following statement to be entered into the patient's medical record:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1476
"I hereby certify that:
I have not been convicted of, pleaded guilty to or pleaded no
contest to the crimes of abuse, verbal abuse, neglect or financial
exploitation by a caregiver; exploitation of an elderly person or
disabled adult; or abuse, neglect, exploitation or sexual abuse of a
child;
I have not been found to have committed abuse, verbal abuse or
exploitation by a final investigative finding of the State
Department of Health or Department of Human Services or by a finding
of an administrative law judge, unless it was overturned on appeal;
and
I have not been criminally charged as a person responsible for
the care of a vulnerable adult with a crime resulting in the death
or near death of a vulnerable adult."
Added by Laws 2017, c. 144, § 2, eff. Nov. 1, 2017. Amended by Laws
2019, c. 211, § 1, eff. Nov. 1, 2019; Laws 2022, c. 136, § 15,
emerg. eff. April 29, 2022.
§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.
§63-3102A. Experimental treatments, tests or drugs - Persons
eligible to give consent.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1477
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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1478
§63-3103. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3103.1. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1,
1992.
§63-3104. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3105. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3105.1. Short title - Physician Orders for Life-Sustaining
Treatment Act.
This act shall be known and may be cited as the "Physician
Orders for Life-Sustaining Treatment Act".
Added by Laws 2016, c. 355, § 1.
§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.
§63-3105.3. Orders for life-sustaining treatment – Standardized
form – Noncompliant forms.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1479
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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1480
treatment executed subsequent to such document's
execution shall immediately supersede it.
Added by Laws 2016, c. 355, § 3.
§63-3105.4. Format and content of form.
1. At the top of the first page of the standardized format
Oklahoma physician orders for life-sustaining treatment form the
following wording in all capitals shall appear against a contrasting
color background: "FORM SHALL ACCOMPANY PERSON WHEN TRANSFERRED OR
DISCHARGED"; at the bottom of the first page the following wording
in all capitals shall appear against a contrasting color background:
"HIPAA PERMITS DISCLOSURE TO HEALTH CARE PROFESSIONALS AND PROXY
DECISION MAKERS AS NECESSARY FOR TREATMENT".
2. There shall be an introductory section, the left block of
which shall contain the name "Oklahoma Physician Orders for Life-
Sustaining Treatment (POLST)" followed by the words, "This Physician
Order set is based on the patient's current medical condition and
wishes and is to be reviewed for potential replacement in the case
of a substantial change in either, as well as in other cases listed
under F. Any section not completed indicates full treatment for
that section. Photocopy or fax copy of this form is legal and
valid." and the right block of which shall contain lines for the
patient's name, the patient's date of birth and the effective date
of the form followed by the statement, "Form must be reviewed at
least annually."
3. In Section A of the form, the left block shall contain, in
bold font, "A. Check One", and the right block shall be headed, in
bold font, "Cardiopulmonary Resuscitation (CPR): Person has no
pulse and is not breathing." below which there shall be a checkbox
followed by "Attempt Resuscitation (CPR)", then a checkbox followed
by "Do Not Attempt Resuscitation (DNR/ no CPR)", and below which
shall be the words, "When not in cardiopulmonary arrest, follow
orders in B, C and D below."
4. In Section B of the form, the left block shall contain, in
bold, "B. Check One", and the right block shall be headed, in bold,
"Medical Interventions: Person has pulse and/or is breathing."
Below this there shall be a checkbox followed by, in bold, "Full
Treatment" followed by, "Includes the use of intubation, advanced
airway interventions, mechanical ventilation, defibrillation or
cardio version as indicated, medical treatment, intravenous fluids,
and cardiac monitor as indicated. Transfer to hospital if
indicated. Include intensive care. Includes treatment listed under
"Limited Interventions" and "Comfort Measures", followed by, in
bold, "Treatment Goal: Attempt to preserve life by all medically
effective means."
Below this there shall be a checkbox followed by, in bold,
"Limited Interventions" followed by, "Includes the use of medical
Oklahoma Statutes - Title 63. Public Health and Safety Page 1481
treatment, oral and intravenous medications, intravenous fluids,
cardiac monitoring as indicated, noninvasive bi-level positive
airway pressure, a bag valve mask or other advanced airway
interventions. Includes treatment listed under "Comfort Measures",
followed by, "Do not use intubation or mechanical ventilation.
Transfer to hospital if indicated. Avoid intensive care." followed
by, in bold, "Treatment Goal: Attempt to preserve life by basic
medical treatments."
Below this there shall be a checkbox followed by, in bold,
"Comfort Measures only" followed by, "Includes keeping the patient
clean, warm and dry; use of medication by any route; positioning,
wound care and other measures to relieve pain and suffering. Use
oxygen, suction and manual treatment of airway obstruction as needed
for comfort. Transfer from current location to intermediate
facility only if needed and adequate to meet comfort needs and to
hospital only if comfort needs cannot otherwise be met in the
patient's current location (e.g., hip fracture; if intravenous route
of comfort measures is required)."
Below this there shall be, in italics, "Additional Orders:"
followed by an underlined space for other instructions.
5. In Section C of the form, the left block shall contain, in
bold, "C. Check One" and the right block shall be headed, in bold,
"Antibiotics".
Below this there shall be a checkbox followed by, in bold, "Use
antibiotics to preserve life."
Below this there shall be a checkbox followed by, in bold,
"Trial period of antibiotics if and when infection occurs." After
this there shall be, in italics, "*Include goals below in E."
Below this there shall be a checkbox followed by, in bold,
"Initially, use antibiotics only to relieve pain and discomfort."
After this there shall be, in italics, "+Contact patient or
patient's representative for further direction."
Below this there shall be, in italics, "Additional Orders:"
followed by an underlined space for other instructions.
6. In Section D of the form, the left block shall contain, in
bold, "D. Check One in Each Column", and the right block shall be
headed in bold, "Assisted Nutrition and Hydration", below which
shall be "Administer oral fluids and nutrition, if necessary by
spoon feeding, if physically possible." Below these the right block
shall be divided into three columns.
The leftmost column shall be headed, "TPN (Total Parenteral
Nutrition-provision of nutrition into blood vessels)." Below this
there shall be a checkbox followed by, in bold, "TPN long-term"
followed by "if needed". Below this there shall be a checkbox
followed by, in bold, "TPN for a trial period*". Below this there
shall be a checkbox followed by, in bold, "Initially, no TPN+".
Oklahoma Statutes - Title 63. Public Health and Safety Page 1482
The middle column shall be headed "Tube Feeding". Below this
there shall be a checkbox followed by, in bold, "Long-term feeding
tube" followed by "if needed". Below this there shall be a checkbox
followed by, in bold, "Feeding tube for a trial period*". Below
this there shall be a checkbox followed by, in bold, "Initially, no
feeding tube".
The rightmost column shall be headed, "Intravenous (IV) Fluids
for Hydration". Below this there shall be a checkbox followed by,
in bold, "Long-term IV fluids" followed by "if needed". Below this
there shall be a checkbox followed by, in bold, "IV fluids for a
trial period*". Below this there shall be a checkbox followed by,
in bold, "Initially, no IV fluids+".
Running below all the columns there shall be, in italics,
"Additional Orders:" followed by an underlined space for other
instructions, followed by, in italics, "*Include goals below in E.
+Contact patient or patient's representative for further direction."
7. In Section E of the form, the left block shall contain, in
bold, "E. Check all that apply" and the right block shall be
headed, in bold, "Patient Preferences as a Basis for this POLST
Form" shall include the following:
a. below the heading there shall be a box including the
words, in bold, "Patient Goals/Medical Condition:"
followed by an adequate space for such information,
b. below this there shall be a checkbox followed by, "The
patient has an advance directive for health care in
accordance with Sections 3101.4 or 3101.14 of Title 63
of the Oklahoma Statutes." Below that there shall be
a checkbox followed by, "The patient has a durable
power of attorney for health care decisions in
accordance with the Oklahoma Health Care Agent Act."
Below that shall be the indented words, "Date of
execution" followed by an underlined space. Below
that shall be the words, "If POLST not being executed
by patient: We certify that this POLST is in
accordance with the patient's advance directive."
Below this there shall be an underlined space
underneath which shall be positioned the words, "Name
and Position (print) Signature" and "Signature of
Physician",
c. below these shall be the words, "Directions given by:"
and below that a checkbox followed by "Patient", a
checkbox followed by "Minor's custodial parent or
guardian", a checkbox followed by "Attorney-in-fact",
a checkbox followed by "Health care proxy", and a
checkbox followed by "Other legally authorized
person:" followed by an underlined space. Beneath or
beside the checkbox and "Other legally authorized
Oklahoma Statutes - Title 63. Public Health and Safety Page 1483
person:" and the underlined space shall be the words
"Basis of Authority:" followed by an underlined space,
and
d. below these shall be a four-column table with four
rows. In the top row the first column shall be blank;
the second column shall have the words, "Printed
Name"; the third column shall have the word,
"Signature", and the fourth column shall have the
word, "Date". In the remaining rows the second
through fourth columns shall be blank. In the first
column of these rows, in the second row shall be the
words, "Attending physician"; in the third row shall
be the words, "Patient or other individual checked
above (patient's representative)"; and in the fourth
row shall be the words, "Health care professional
preparing form (besides doctor)."
8. Section F of the form, which shall have the heading, in
bold, "Information for Patient or Representative of Patient Named on
this Form", shall include the following language, appearing in bold
on the form:
"The POLST form is always voluntary and is usually for persons
with advanced illness. Before providing information for or signing
it, carefully read "Information for Patients and Their Families -
Your Medical Treatment Rights Under Oklahoma Law", which the health
care provider must give you. It is especially important to read the
sections on CPR and food and fluids, which have summaries of
Oklahoma laws that may control the directions you may give. POLST
records your wishes for medical treatment in your current state of
health. Once initial medical treatment is begun and the risks and
benefits of further therapy are clear, your treatment wishes may
change. Your medical care and this form can be changed to reflect
your new wishes at any time. However, no form can address all the
medical treatment decisions that may need to be made. An advance
health care directive is recommended, regardless of your health
status. An advance directive allows you to document in detail your
future health care instructions and/or name a health care agent to
speak for you if you are unable to speak for yourself.
The State of Oklahoma affirms that the lives of all are of equal
dignity regardless of age or disability and emphasizes that no one
should ever feel pressured to agree to forego life-preserving
medical treatment because of age, disability or fear of being
regarded as a burden.
If this form is for a minor for whom you are authorized to make
health care decisions, you may not direct denial of medical
treatment in a manner that would violate the child abuse and neglect
laws of Oklahoma. In particular, you may not direct the withholding
of medically indicated treatment from a disabled infant with life-
Oklahoma Statutes - Title 63. Public Health and Safety Page 1484
threatening conditions, as those terms are defined in 42 U.S.C.,
Section 5106g or regulations implementing it and 42 U.S.C., Section
5106a."
9. Section G of the form, which shall have the heading, in
bold, "Directions for Completing and Implementing Form", shall
include the following three subdivisions:
a. the first subdivision, entitled "COMPLETING POLST",
shall have the following language with the words, "The
signature of the patient or the patient's
representative is required" appearing in bold on the
form:
"POLST must be reviewed and prepared in consultation
with the patient or the patient's representative after
that person has been given a copy of "Information for
Patients and Their Families - Your Medical Treatment
Rights Under Oklahoma Law". POLST must be reviewed
and signed by a physician to be valid. Be sure to
document the basis for concluding the patient had or
lacked capacity at the time of execution of the form
in the patient's medical record. If the patient lacks
capacity, any current advance directive form must be
reviewed and the patient's representative and
physician must both certify that POLST complies with
it. The signature of the patient or the patient's
representative is required; however, if the patient's
representative is not reasonably available to sign the
original form, a copy of the completed form with the
signature of the patient's representative must be
placed in the medical record as soon as practicable
and "on file" must be written on the appropriate
signature line on this form.",
b. the second subdivision, entitled "IMPLEMENTING POLST",
shall have the following language:
"If a minor protests a directive to deny the minor
life-preserving medical treatment, the denial of
treatment may not be implemented pending issuance of a
judicial order resolving the conflict. A health care
provider unwilling to comply with POLST must comply
with the transfer and treatment pending transfer
requirements of Section 3101.9 of Title 63 of the
Oklahoma Statutes as well as those of the
Nondiscrimination in Treatment Act, Sections 3090.2
and 3090.3 of Title 63 of the Oklahoma Statutes", and
c. the third subdivision, entitled "REVIEWING POLST",
shall have the following language:
"This POLST must be reviewed at least annually or
earlier if:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1485
The patient is admitted to or discharged from a
medical care facility; there is substantial change in
the patient's health status; or the treatment
preferences of the patient or patient's representative
change."
The same requirements for participation of the patient or
patient's representative, and signature by both a physician and the
patient or the patient's representative, that are described under
"COMPLETING POLST" shall also apply when POLST is reviewed, and must
be documented in Section I.
10. Section H of the form, which shall have the heading, in
bold, "REVOCATION OF POLST", shall have the following language, with
the words specified below appearing in bold on the form:
"If POLST is revised or becomes invalid, write in bold the word
"VOID" in large letters on the front of the form. After voiding the
form a new form may be completed. A patient with capacity or the
individual or individuals authorized to sign on behalf of the
patient in Section E of this form may void this form. If no new
form is completed, full treatment and resuscitation is to be
provided, except as otherwise authorized by Oklahoma law."
11. Section I of the form, which shall have the heading, in
Added by Laws 2016, c. 355, § 4. Amended by Laws 2022, c. 136, §
17, emerg. eff. April 29, 2022.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1486
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.
§63-3106. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3107. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3108. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3109. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3110. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3111. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3111.1. Short title - Oklahoma Health Care Agent Act.
This act shall be known and may be cited as the "Oklahoma Health
Care Agent Act".
Added by Laws 2022, c. 136, § 1, emerg. eff. April 29, 2022.
§63-3111.2. Definitions.
As used in the Oklahoma Health Care Agent Act:
1. "Advance directive for health care" means any writing
executed in accordance with the requirements of Section 3101.4 of
Title 63 of the Oklahoma Statutes;
2. "Agent" means an individual designated in a power of
attorney for health care to make a health care decision for the
individual granting the power;
3. "Attending physician" means the physician who has primary
responsibility for the treatment and care of a patient;
4. "Capacity" means an individual's ability to understand and
appreciate the nature and implications of a health care decision, to
make an informed choice regarding the alternatives presented
Oklahoma Statutes - Title 63. Public Health and Safety Page 1487
including understanding and appreciating the significant benefits
and risks, and to make and communicate a health care decision in an
unambiguous manner;
5. "Health care" means any care, treatment, service, or
procedure to maintain, diagnose, or otherwise affect an individual's
physical or mental condition;
6. "Health care decision" means a decision made by an
individual or the individual's agent regarding the individual's
health care including:
a. selection and discharge of health care providers and
facilities,
b. consent to or refusal of any care, treatment, service,
or procedure to maintain, diagnose, or otherwise
affect a physical or mental condition, and
c. signing 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.
Health care decision shall not include the ability of the agent to
make decisions about the withholding or withdrawal of nutrition or
hydration;
7. "Health care facility" means any public or private
organization, corporation, authority, partnership, sole
proprietorship, association, agency, network, joint venture, or
other entity that is established and appropriately licensed in this
state to administer or provide health care services. Health care
facility includes but is not limited to hospitals, medical centers,
ambulatory surgery centers, physicians' offices, clinics, nursing
homes, rehabilitation centers, home care agencies, hospices, and
long-term care agencies;
8. "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;
9. "Individual instruction" means an individual's direction
concerning a health care decision for the individual;
10. "Person" means a person eighteen (18) years of age or older
or a minor who may consent to have services provided by health
professionals pursuant to Section 2602 of Title 63 of the Oklahoma
Statutes;
11. "Physician" means an individual authorized to practice
medicine or osteopathy pursuant to Chapter 11 or Chapter 14 of Title
59 of the Oklahoma Statutes;
12. "Power of attorney for health care" means the designation
of an agent to make health care decisions for the individual
granting the power;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1488
13. "Reasonably available" means readily able to be contacted
without undue effort and willing and able to act in a timely manner
considering the urgency of the patient's health care needs; and
14. "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or a territory or insular
possession subject to the jurisdiction of the United States.
Added by Laws 2022, c. 136, § 2, emerg. eff. April 29, 2022.
§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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1489
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.
§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.
§63-3111.5. Health Care Power of Attorney form.
The following form may, but need not, be used to create a power
of attorney for health care. The other sections of this act govern
the effect of this form or any other writing used to create a power
of attorney for health care. An individual may complete or modify
all or any part of the following form to the extent consistent with
subsection B of Section 3111.3 of this title:
HEALTH CARE POWER OF ATTORNEY
You have the right to give instructions about your own health
care. You also have the right to name someone else to make health
care decisions for you. This form lets you do either or both of
these things. If you use this form, you may complete or modify all
or any part of it. You are free to use a different form.
This form is a power of attorney for health care that lets you
name another individual as agent to make health care decisions for
you if you become incapable of making your own decisions or if you
want someone else to make those decisions for you now even though
you are still capable. You may also name an alternate agent to act
Oklahoma Statutes - Title 63. Public Health and Safety Page 1490
for you if your first choice is not willing, able, or reasonably
available to make decisions for you. Unless related to you, your
agent may not be an owner, operator, or employee of a residential
long-term health care institution at which you are receiving care.
Unless the form you sign limits the authority of your agent,
your agent may make all health care decisions for you. This form
has a place for you to limit the authority of your agent. You need
not limit the authority of your agent if you wish to rely on your
agent for all health care decisions that may have to be made. If
you choose not to limit the authority of your agent, your agent will
have the right to:
1. Consent or refuse consent to any care, treatment, service,
or procedure to maintain, diagnose, or otherwise affect a physical
or mental condition;
2. Select or discharge health care providers and facilities;
and
3. Sign a do-not-resuscitate consent.
This form does not authorize the agent to make any decisions
directing the withholding or withdrawal of life-sustaining
treatment, nutrition, or hydration, which may only be authorized in
compliance with the Oklahoma Advance Directive Act, except that this
form may authorize the agent to sign a do-not-resuscitate consent.
After completing this form, sign and date the form at the end.
It is required that two other individuals sign as witnesses. These
witnesses must be at least 18 years old and not related to you or
named to inherit from you. Give a copy of the signed and completed
form to your physician, to any other health care providers you may
have, to any health care facility at which you are receiving care,
and to any health care agents you have named. You should talk to
the person you have named as agent to make sure that he or she
understands your wishes and is willing to take the responsibility.
You have the right to revoke this power of attorney for health
care or replace this form at any time.
POWER OF ATTORNEY FOR HEALTH CARE
1. DESIGNATION OF AGENT: I designate the following individual
as my agent to make health care decisions for me:
___________________________________________________________________
(name of individual you choose as agent)
___________________________________________________________________
(address) (city) (state) (zip code)
___________________________________________________________________
(home phone) (work phone)
OPTIONAL: If I revoke my agent’s authority or if my agent is
not willing, able, or reasonably available to make a health care
decision for me, I designate as my first alternate agent:
___________________________________________________________________
(name of individual you choose as first alternate agent)
Oklahoma Statutes - Title 63. Public Health and Safety Page 1491
___________________________________________________________________
(address) (city) (state) (zip code)
___________________________________________________________________
(home phone) (work phone)
OPTIONAL: If I revoke the authority of my agent and first
alternate agent or if neither is willing, able, or reasonably
available to make a health care decision for me, I designate as my
second alternate agent:
___________________________________________________________________
(name of individual you choose as second alternate agent)
___________________________________________________________________
(address) (city) (state) (zip code)
___________________________________________________________________
(home phone) (work phone)
2. AGENT’S AUTHORITY: My agent is authorized to make all
health care decisions (not to include the withholding or withdrawal
of life-sustaining treatment, nutrition, or hydration, other than
signing a do-not-resuscitate consent) for me that I could make if I
were able, except as I state here:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
(Add additional sheets if needed.)
3. WHEN AGENT’S AUTHORITY BECOMES EFFECTIVE: My agent’s
authority becomes effective when my attending physician determines
that I am unable to make my own health care decisions unless I mark
the following box. If I mark this box [ ], my agent’s authority
to make health care decisions for me takes effect immediately.
_____________
(Initials)
4. AGENT’S OBLIGATION: My agent shall make health care
decisions for me in accordance with this power of attorney for
health care and my other wishes to the extent known to my agent. To
the extent my wishes are unknown, my agent shall make health care
decisions for me in accordance with what my agent determines to be
in my best interest. In determining my best interest, my agent
shall consider the decisions I would have made myself to the extent
known to my agent.
_____________
(Initials)
5. RELIEF FROM PAIN: Except as I state in the following space,
I direct that treatment for alleviation of pain or discomfort be
provided at all times, even if it hastens my death:
________________________________________________________________
________________________________________________________________
6. OTHER WISHES: (If you do not agree with any of the optional
choices above and wish to write your own, or if you wish to add to
Oklahoma Statutes - Title 63. Public Health and Safety Page 1492
the instructions you have given above, you may do so here.) I
direct that:
___________________________________________________________________
___________________________________________________________________
(Add additional sheets if needed.)
7. EFFECT OF COPY: A copy of this form has the same effect as
the original.
8. SIGNATURES: Sign and date the form here:
_______________________________ ______________________________
(date) (sign your name)
_______________________________ ______________________________
(address) (print your name)
_______________________________
(city) (state)
State of Oklahoma
County of ________
Subscribed and sworn to before me this ___ day of ______, 20__.
__________________________________
Notary Public
OR
SIGNATURES OF WITNESSES:
First witness Second witness
______________________________ _______________________________
(print name) (print name)
______________________________ _______________________________
(address) (address)
______________________________ ______________________________
(city) (state) (city) (state)
______________________________ ______________________________
(signature of witness) (signature of witness)
______________________________ ______________________________
(date) (date)
Added by Laws 2022, c. 136, § 5, emerg. eff. April 29, 2022.
Amended by Laws 2023, c. 154, § 2, emerg. eff. May 1, 2023.
§63-3111.6. Health care providers.
A. Before implementing a health care decision made for a
patient, the attending physician, if possible, shall promptly
communicate to the patient the decision made and the identity of the
person making the decision.
B. An attending physician who knows of the existence of a power
of attorney for health care or a revocation of a power of attorney
for health care shall promptly record its existence in the patient's
medical record and, if it is in writing, shall request a copy and if
one is furnished shall arrange for its maintenance in the medical
record. An attending physician who makes or is informed of a
determination that a patient lacks or has recovered capacity shall
Oklahoma Statutes - Title 63. Public Health and Safety Page 1493
promptly record the determination in the patient's medical record
and communicate the determination to the patient, if possible, and
to any person then authorized to make health care decisions for the
patient.
C. Except as provided in subsections D and E of this section, a
health care provider or facility providing care to a patient shall:
1. Comply with an individual instruction of the patient and
with a reasonable interpretation of that instruction made by a
person then authorized to make health care decisions for the
patient; and
2. Comply with a health care decision for the patient made by a
person then authorized to make health care decisions for the patient
to the same extent as if the decision had been made by the patient
while having capacity.
D. An attending physician or health care provider may decline
to comply with an individual instruction or health care decision for
reasons of conscience. A health care facility may decline to comply
with an individual instruction or health care decision if the
instruction or decision is contrary to a policy of the facility
which is expressly based on reasons of conscience and if the policy
was timely communicated to the patient or to a person then
authorized to make health care decisions for the patient.
E. A health care provider or facility may decline to comply
with an individual instruction or health care decision that requires
medically ineffective or non-beneficial health care or health care
contrary to generally accepted health care standards applicable to
the health care provider or facility.
F. A health care provider or facility that declines to comply
with an individual instruction or health care decision shall:
1. Promptly so inform the patient, if possible, and any person
then authorized to make health care decisions for the patient;
2. Provide continuing care to the patient until a transfer can
be effected; and
3. Unless the patient or person then authorized to make health
care decisions for the patient refuses assistance, immediately make
all reasonable efforts to assist in the transfer of the patient to
another health care provider or facility that is willing to comply
with the instruction or decision.
G. A health care provider or facility may not require or
prohibit the execution or revocation of an advance health care
directive as a condition for providing health care.
H. The provisions of this section 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.
Added by Laws 2022, c. 136, § 6, emerg. eff. April 29, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1494
§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.
§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.
§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.
§63-3111.10. Copies.
A copy of a written power of attorney for health care or
revocation of a power of attorney for health care has the same
effect as the original.
Added by Laws 2022, c. 136, § 10, emerg. eff. April 29, 2022.
§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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1495
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.
§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.
§63-3111.13. Retroactive effect.
Any document made in substantial compliance with the
requirements of the Oklahoma Health Care Agent Act shall have full
force and effect including such documents made prior to the
effective date of this act.
Added by Laws 2022, c. 136, § 13, emerg. eff. April 29, 2022.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1496
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.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1497
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.
§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.
§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.
§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.
§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.
§63-3118. Verification of compliance.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1498
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.
§63-3121. Short title.
Sections 1 through 3 of this act shall be known and may be cited
as the "Uniform Determination of Death Act".
Added by Laws 1986, c. 262, § 1.
§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.
§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.
§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. “Birthing center” has the same meaning as provided by
Section 1-701 of this title;
2. “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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1499
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
3. “Stillbirth” shall have the same meaning as provided by
subparagraph a of paragraph 1 of this subsection.
C. Every licensed hospital, birthing center, or licensed
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; Laws 2024, c. 132, § 4, eff.
Nov. 1, 2024.
§63-3131.1. Short title.
This act shall be known and may be cited as the "Oklahoma Do-
Not-Resuscitate Act".
Added by Laws 1997, c. 327, § 1, eff. Nov. 1, 1997.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1500
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.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1501
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.
§63-3131.4. Health care presumption and exceptions - Health care
agencies not required to provide certain treatment, facilities or
services.
A. Every person shall be presumed to consent to the
administration of cardiopulmonary resuscitation in the event of
cardiac or respiratory arrest, unless one or more of the following
conditions, of which the health care provider has actual knowledge,
apply:
1. The person has notified such person's attending physician
that the person does not consent to the administration of
cardiopulmonary resuscitation in the event of cardiac or respiratory
arrest and that notification has been entered in the patient's
medical records;
2. The parent or guardian of a minor child, after consultation
with the minor child's attending physician, has notified the minor
child's attending physician that the parent or guardian does not
consent to the administration of cardiopulmonary resuscitation in
the event of the minor child's cardiac or respiratory arrest, and
that 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, has not objected to this decision of the parent
or guardian, and such notification has been entered in the minor
child's medical records; provided, medically indicated treatment may
not be withheld from a disabled infant with life-threatening
conditions to the extent that such medically indicated treatment is
required by federal law or regulations as a condition for the
receipt of federally funded grants to this state for child abuse and
neglect prevention and treatment programs;
3. An incapacitated person's representative has notified the
incapacitated person's attending physician that the representative,
based on the known wishes of the incapacitated person, does not
consent to the administration of cardiopulmonary resuscitation in
the event of the incapacitated person's cardiac or respiratory
arrest and that notification has been entered in the patient's
medical records;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1502
4. An attending physician of an incapacitated person without a
representative knows by clear and convincing evidence that the
incapacitated person, when competent, decided on the basis of
information sufficient to constitute informed consent that the
person would not have consented to the administration of
cardiopulmonary resuscitation in the event of cardiac or respiratory
arrest. Clear and convincing evidence for this purpose shall
include oral, written, or other acts of communication between the
patient, when competent, and family members, health care providers,
or others close to the patient with knowledge of the patient's
personal desires;
5. A do-not-resuscitate consent form in accordance with the
provisions of the Oklahoma Do-Not-Resuscitate Act has been executed
for that person; or
6. An executed advance directive for health care, or other
document recognized by the Oklahoma Rights of the Terminally Ill or
Persistently Unconscious Act, directing that life-sustaining
treatment not be performed in the event of cardiac or respiratory
arrest, is in effect for that person, pursuant to the provisions of
paragraph 1 of Section 3101.3 or Section 3101.14 of this title.
B. Health care agencies shall maintain written policies and
procedures with respect to do-not-resuscitate orders, do-not-
resuscitate consent forms, and certifications of physician. Such
written policies and procedures shall ensure the following rights to
all persons under the care of health care agencies:
1. All decisions with respect to the administration of
cardiopulmonary resuscitation shall be made by the patient unless it
is appropriate under this section for the patient’s representative,
as defined by Section 3131.3 of this title, to do so. The reason
the representative, rather than the patient, has made a decision
shall be documented in the patient’s medical record.
2. a. No decision by the patient’s representative shall be
made until the representative has been instructed in
writing by the patient’s attending physician that such
representative is deciding what the incapacitated
person would have wanted if the incapacitated person
could speak for himself or herself. In addition, the
attending physician shall encourage consultation among
all reasonably available representatives, family
members, and persons close to the incapacitated person
to the extent feasible in the circumstances of the
case.
b. Whenever possible, the attending physician shall
explain to the representative and family members the
nature and consequences of the decision to be made.
Evidence that this explanation was provided shall be
Oklahoma Statutes - Title 63. Public Health and Safety Page 1503
documented in the medical records of the incapacitated
person.
3. Health care agencies shall provide ongoing education to
patients, health care providers, and the community on issues
concerning use of the do-not-resuscitate consent form.
C. Nothing in the Oklahoma Do-Not-Resuscitate Act shall
require:
1. A health care agency to institute or maintain the ability to
provide cardiopulmonary resuscitation or to expand its existing
equipment, facilities, or personnel to provide cardiopulmonary
resuscitation; provided, if such health care agency does not provide
cardiopulmonary resuscitation, this policy shall be communicated in
writing to the person or representative prior to the person coming
under the care of the health care agency; and
2. A physician, health care provider, or health care agency to
begin or continue the administration of cardiopulmonary
resuscitation when, in reasonable medical judgment, it would not
prevent the imminent death of the patient.
Added by Laws 1997, c. 327, § 4, eff. Nov. 1, 1997. Amended by Laws
1998, c. 164, § 2, emerg. eff. April 28, 1998; Laws 1999, c. 335, §
1, eff. Nov. 1, 1999.
§63-3131.5. Consent form.
A. For persons under the care of a health care agency, a do-
not-resuscitate order shall, if issued, be in accordance with the
policies and procedures of the health care agency as long as not in
conflict with the provisions of the Oklahoma Do-Not-Resuscitate Act.
B. The do-not-resuscitate consent form shall be in
substantially the following form:
FRONT PAGE
OKLAHOMA DO-NOT-RESUSCITATE (DNR) CONSENT FORM
I, _________________________, request limited health care as
described in this document. If my heart stops beating or if I stop
breathing, no medical procedure to restore breathing or heart
function will be instituted by any health care provider including,
but not limited to, emergency medical services (EMS) personnel.
I understand that this decision will not prevent me from
receiving other health care such as the Heimlich maneuver or oxygen
and other comfort care measures.
I understand that I may revoke this consent at any time in one
of the following ways:
1. If I am under the care of a health care agency, by making an
oral, written, or other act of communication to a physician or other
health care provider of a health care agency;
2. If I am not under the care of a health care agency, by
destroying my do-not-resuscitate form, removing all do-not-
Oklahoma Statutes - Title 63. Public Health and Safety Page 1504
resuscitate identification from my person, and notifying my
attending physician of the revocation;
3. If I am incapacitated and under the care of a health care
agency, my representative may revoke the do-not-resuscitate consent
by written notification to a physician or other health care provider
of the health care agency or by oral notification to my attending
physician; or
4. If I am incapacitated and not under the care of a health
care agency, my representative may revoke the do-not-resuscitate
consent by destroying the do-not-resuscitate form, removing all do-
not-resuscitate identification from my person, and notifying my
attending physician of the revocation.
I give permission for this information to be given to EMS
personnel, doctors, nurses, and other health care providers. I
hereby state that I am making an informed decision and agree to a
do-not-resuscitate order.
____________________ OR ________________________________
Signature of Person Signature of Representative
(Limited to an attorney-in-fact for
health care decisions acting under the
Oklahoma Health Care Agent Act, a
health care proxy acting under the
Oklahoma Advance Directive Act or a
guardian of the person appointed under
the Oklahoma Guardianship and
Conservatorship Act.)
This DNR consent form was signed in my
presence.
______________ ______________________ _____________
Date Signature of Witness Address
______________________ _____________
Signature of Witness Address
BACK OF PAGE
CERTIFICATION OF PHYSICIAN
(This form is to be used by an attending physician only to
certify that an incapacitated person without a representative would
not have consented to the administration of cardiopulmonary
resuscitation in the event of cardiac or respiratory arrest. An
attending physician of an incapacitated person without a
representative must know by clear and convincing evidence that the
incapacitated person, when competent, decided on the basis of
information sufficient to constitute informed consent that such
person would not have consented to the administration of
cardiopulmonary resuscitation in the event of cardiac or respiratory
arrest. Clear and convincing evidence for this purpose shall
include oral, written, or other acts of communication between the
patient, when competent, and family members, health care providers,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1505
or others close to the patient with knowledge of the patient's
desires.)
I hereby certify, based on clear and convincing evidence
presented to me, that I believe that ___________________________
Name of Incapacitated Person
would not have consented to the administration of cardiopulmonary
resuscitation in the event of cardiac or respiratory arrest.
Therefore, in the event of cardiac or respiratory arrest, no chest
compressions, artificial ventilation, intubations, defibrillation,
or emergency cardiac medications are to be initiated.
__________________________ _____________________________
Physician's Signature/Date Physician's Name (PRINT)
________________________________________________________________
Physician's Address/Phone
C. Witnesses must be individuals who are eighteen (18) years of
age or older who are not legatees, devisees or heirs at law.
D. It is the intention of the Legislature that the preferred,
but not required, do-not-resuscitate form in Oklahoma shall be the
form set out in subsection B of this section.
Added by Laws 1997, c. 327, § 5, eff. Nov. 1, 1997. Amended by Laws
2010, c. 139, § 1, eff. Nov. 1, 2010; Laws 2022, c. 136, § 19,
emerg. eff. April 29, 2022.
§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.
§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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1506
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.
§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:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1507
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.
§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.
§63-3131.10. Consent or order to accompany person.
If a person with a do-not-resuscitate consent or order is
transferred from such person's home to the care of a health care
agency or from the care of one health care agency to another health
care agency, the existence of a do-not-resuscitate consent or order
shall be communicated to the receiving health care agency prior to
the transfer, and a copy of the written do-not-resuscitate consent
or order shall accompany the person to the health care agency
receiving the person and shall remain effective unless revoked as
provided in Section 7 of this act.
Added by Laws 1997, c. 327, § 10, eff. Nov. 1, 1997.
§63-3131.11. Effect of act.
A. Except as otherwise provided in the Oklahoma Do-Not-
Resuscitate Act, a person's right to receive and a health care
provider's responsibility to administer cardiopulmonary
resuscitation shall not be impaired. Nothing in the Oklahoma Do-
Not-Resuscitate Act shall impair or supersede a person's right to
choose to have cardiopulmonary resuscitation withheld or provided or
a health care provider's responsibility to withhold or provide
cardiopulmonary resuscitation as provided by law. In this respect,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1508
the provisions of the Oklahoma Do-Not-Resuscitate Act are
cumulative.
B. In the event of cardiac or respiratory arrest, a patient's
attending physician or other health care provider must comply with
such patient's request for cardiopulmonary resuscitation whether
requested by such patient or such patient's representative, or
required by such patient's advance directive.
C. Nothing in the Oklahoma Do-Not-Resuscitate Act shall be
construed to preclude a court of competent jurisdiction from
approving the issuance of a do-not-resuscitate order under
circumstances other than those under which such an order may be
issued pursuant to the provisions of the Oklahoma Do-Not-Resuscitate
Act.
D. The provisions of the Oklahoma Do-Not-Resuscitate Act shall
not affect the validity of do-not-resuscitate consents or orders
that were executed prior to November 1, 1997.
Added by Laws 1997, c. 327, § 11, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 164, § 4, emerg. eff. April 28, 1998.
§63-3131.12. Duties of the Department of Human Services.
A. The Director of the Department of Human Services, no later
than one (1) year after the effective date of this act, shall
implement the statewide distribution of do-not-resuscitate forms
which comply with Section 5 of this act.
B. Do-not-resuscitate identification as set forth in the
Oklahoma Do-Not-Resuscitate Act shall consist of either a medical
condition bracelet, necklace, or card with the inscription of the
patient's name, date of birth in numerical form, and "Oklahoma do-
not-resuscitate" on it. No other identification or wording shall be
deemed to comply with the provisions of the Oklahoma Do-Not-
Resuscitate Act. This identification shall be issued only upon
presentation of a properly executed do-not-resuscitate consent form
as set forth in Section 5 of this act.
C. The Director of the Department of Human Services, no later
than one (1) year after the effective date of this act, shall be
responsible for establishing a system for distribution of the do-
not-resuscitate forms and identification bracelets, necklaces, or
cards.
D. The legal services developer from the Aging Services
Division of the Department of Human Services, no later than one (1)
year after the effective date of this act, shall develop and
implement a statewide educational effort to inform the public of
their right to accept or refuse cardiopulmonary resuscitation and to
request their physician to write a do-not-resuscitate order for
them, and to urge health care agencies within this state to utilize
a do-not-resuscitate form which complies with Section 5 of this act.
Added by Laws 1997, c. 327, § 12, eff. Nov. 1, 1997.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1509
§63-3131.13. Construction of act.
The withholding of cardiopulmonary resuscitation from a person
in accordance with the provisions of the Oklahoma Do-Not-Resuscitate
Act shall not, for any purpose, constitute suicide or homicide. The
withholding of cardiopulmonary resuscitation from a person in
accordance with the provisions of the Oklahoma Do-Not-Resuscitate
Act, however, shall not relieve any individual of responsibility for
any civil or criminal acts that may have caused the person's
condition. Nothing in the Oklahoma Do-Not-Resuscitate Act shall be
construed to legalize, condone, authorize, or approve mercy killing
or assisted suicide.
Added by Laws 1997, c. 327, § 13, eff. Nov. 1, 1997.
§63-3131.14. Application of act.
The provisions of the Oklahoma Do-Not-Resuscitate Act apply to
all persons regardless of whether or not they have completed an
advance directive for health care, provided that the provisions of
the Oklahoma Do-Not-Resuscitate Act may not be construed to
authorize issuance of a do-not-resuscitate order in violation of a
currently valid advance directive for health care.
Added by Laws 1997, c. 327, § 14, eff. Nov. 1, 1997.
§63-3141.1. Short title - Legislative intent.
A. Sections 1 through 8 of this act shall be known and may be
cited as the "Assisted Suicide Prevention Act".
B. It is the intent of the Oklahoma Legislature to protect
vulnerable persons from suicide, to reduce the cost to taxpayers of
enforcing the assisted-suicide laws by promoting civil enforcement
and providing for reimbursement of attorney fees by those found to
be violating the law.
Added by Laws 1998, c. 194, § 1, eff. Nov. 1, 1998.
§63-3141.2. Definitions.
As used in the Assisted Suicide Prevention Act:
1. "Licensed health care professional" means a physician and
surgeon, podiatrist, osteopath, osteopathic physician and surgeon,
physician assistant, nurse, dentist, or pharmacist; and
2. "Suicide" means the act or instance of intentionally taking
one's own life.
Added by Laws 1998, c. 194, § 2, eff. Nov. 1, 1998.
§63-3141.3. Violations.
A person violates the Assisted Suicide Prevention Act when the
person, with the purpose of assisting another person to commit or to
attempt to commit suicide, knowingly either:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1510
1. Provides the physical means by which another person commits
or attempts to commit suicide; or
2. Participates in a physical act by which another person
commits or attempts to commit suicide.
Added by Laws 1998, c. 194, § 3, eff. Nov. 1, 1998.
§63-3141.4. Acts not constituting violations.
A. A licensed health care professional who administers,
prescribes, or dispenses medications or procedures for the purpose
of alleviating pain or discomfort, even if their use may increase
the risk of death, shall not be deemed to have violated Section 3 of
this act or Section 813 or 814 of Title 21 of the Oklahoma Statutes
so long as such medications or procedures are not also furnished for
the purpose of causing, or the purpose of assisting in causing,
death for any reason.
B. A licensed health care professional who withholds or
withdraws a medically administered, life-sustaining procedure does
not violate Section 3 of this act or Sections 813 or 814 of Title 21
of the Oklahoma Statutes.
C. This section shall not be construed to affect the duty of
care or the legal requirements concerning acts or omissions under
subsections A or B of this section.
Added by Laws 1998, c. 194, § 4, eff. Nov. 1, 1998.
§63-3141.5. Injunctions - Persons who may bring.
A cause of action for injunctive relief may be maintained
against any person who is reasonably believed to be about to
violate, who is in the course of violating, or who has violated
Section 3 of this act by any person who is:
1. The spouse, parent, child, or sibling of the person who
would commit suicide;
2. Entitled to inherit from the person who would commit
suicide;
3. A current or former health care provider of the person who
would commit suicide;
4. A public official with appropriate jurisdiction to prosecute
or enforce the laws of this state;
5. A guardian of the person who would commit suicide;
6. The Department of Human Services; or
7. An attorney-in-fact of the person who would commit suicide.
Such an injunction shall legally prevent the person from assisting
any suicide in this state regardless of who is being assisted.
Added by Laws 1998, c. 194, § 5, eff. Nov. 1, 1998.
§63-3141.6. Actions for damages - Persons who may bring.
Any person given standing by paragraph 1 or 2 of Section 5 of
this act, or the person who would have committed suicide, in the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1511
case of an attempt, may maintain a cause of action against any
person who violates or attempts to violate Section 3 of this act for
compensatory damages and punitive damages. Any person given
standing by paragraphs 3 through 7 of Section 5 of this act may
maintain a cause of action against any person who violates or
attempts to violate Section 3 of this act for punitive damages. An
action under this section may be brought whether or not the
plaintiff had prior knowledge of the violation or attempt.
Added by Laws 1998, c. 194, § 6, eff. Nov. 1, 1998.
§63-3141.7. Attorney fees.
In any action or proceeding brought pursuant to Section 5 or 6
of this act, the court shall allow the prevailing plaintiff a
reasonable attorney fee as part of its costs. If the court
determines that the action or proceeding was brought frivolously or
in bad faith, the court shall allow a prevailing defendant a
reasonable attorney fee as part of its costs.
Added by Laws 1998, c. 194, § 7, eff. Nov. 1, 1998.
§63-3141.8. Revocation or suspension of license or certificate.
The licensing agency which issued a license or certification to
a licensed health care professional who assists in a suicide in
violation of Section 3 of this act shall revoke or suspend the
license or certificate of that person upon receipt of:
1. A copy of the record of criminal conviction or plea of
guilty for a felony in violation of Section 813, 814 or 815 of Title
21 of the Oklahoma Statutes;
2. A copy of the record of a judgment of contempt of court for
violating an injunction issued under Section 5 of this act; or
3. A copy of the record of a judgment assessing damages under
Section 6 of this act.
Added by Laws 1998, c. 194, § 8, eff. Nov. 1, 1998.
§63-3151. Suicide data collection system – Confidentiality of data
- Penalties.
A. The Legislature hereby directs the State Department of
Health to develop a state suicide data collection system to provide
reliable data about attempted suicides in this state. In developing
the system the Department shall:
1. Include information on the incidence of suicide attempts;
2. Include demographic information on persons who attempt
suicide; and
3. Explore prevention strategies for reducing the number of
attempted suicides and suicides.
B. As used in this section:
1. "Attempted suicide" means a voluntary and intentional injury
to one’s own body with the goal of ending one’s own life;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1512
2. “E-codes” are external cause of injury codes contained in
the International Classification of Diseases – 9th Revision; and
3. "Suicide" means a voluntary and intentional taking of one’s
own life;
C. The State Board of Health shall, if funds are available,
establish a system for collecting information concerning attempted
suicides among persons who were hospitalized or who were treated and
released. In establishing the system, the Board may require
hospitals, and other related institutions, as defined in Section 1-
701 of Title 63 of the Oklahoma Statutes, to include E-codes on all
patient discharge data or, if necessary, to complete and submit a
Report of Suicide Attempt form to be made available by the State
Department of Health.
D. The system shall be implemented statewide.
E. Individual forms, computer tapes or other forms of data
collected pursuant to this section shall be confidential and shall
not be public records as defined in the Oklahoma Open Records Act.
F. The confidentiality of identifying information is to be
protected, and the pertinent statutes and rules of the State of
Oklahoma and the regulations of the federal government relative to
confidentiality shall apply.
G. Identifying information shall not be disclosed and shall not
be used for any purpose except statistical reporting and data
analysis.
H. Nothing in this section shall prohibit the publishing of
statistical compilations relating to suicide attempts which do not
in any way identify individual cases or individual sources of
information.
I. 1. A violation of the provisions of this section by an
employee of the Department shall be grounds for termination of
employment.
2. Any person who violates the provisions of this section shall
also be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of One Thousand Dollars ($1,000.00) or
imprisonment in the county jail for up to one (1) year, or by both
such fine and imprisonment.
J. The State Board of Health is authorized to promulgate rules
to carry out the provisions of this section.
Added by Laws 2001, c. 168, § 6, emerg. eff. May 2, 2001.
§63-3160. Short title - Medical Treatment Laws Information Act.
This act shall be known and may be cited as the "Medical
Treatment Laws Information Act".
Added by Laws 2014, c. 82, § 1, eff. Nov. 1, 2014.
§63-3161. Definitions.
As used in the Medical Treatment Laws Information Act:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1513
1. "Associated with the inpatient health care services entity"
means, with regard to a particular inpatient health care services
entity, that the health care provider is an employee or agent of the
entity, that the health care provider has privileges to provide
health care services to patients in the entity, or that the health
care provider in fact provides health care services to patients in
the entity. For purposes of this definition, provision of health
care services to patients in the entity shall be deemed to include
provision of health care services to patients in an emergency room
operated by the entity, regardless of whether those patients are
admitted as inpatients;
2. "Health care provider" means a person who is licensed,
certified, or otherwise authorized by the laws of this state as a
physician, physician assistant, certified nurse practitioner,
advanced practice registered nurse (including one with a certified
specialty), registered nurse, or licensed practical nurse, but does
not include a nurse midwife;
3. "Health care services" means any services provided by a
health care provider, or by an individual working for or under the
supervision of a health care provider, that relate to the diagnosis,
assessment, prevention, treatment or care of any human illness,
disease, injury or condition;
4. "Inpatient health care services entities" means those
hospitals defined in paragraphs 2, 3 and 5 of Section 1-701 of Title
63 of the Oklahoma Statutes, a nursing facility as defined in
paragraph 10 of Section 1-1902 of Title 63 of the Oklahoma Statutes,
a specialized facility as defined in paragraph 11 of Section 1-1902
of Title 63 of the Oklahoma Statutes, and those long-term care
facilities described in subparagraphs e and f of paragraph 1 of
Section 1-1945 of Title 63 of the Oklahoma Statutes; and
5. "Other defined officials" means, with regard to a particular
health care services entity, to the extent such officials exist, the
members of the board of directors, the administrator or chief
executive officer, and the general counsel, by whatever titles those
serving these functions may be called.
Added by Laws 2014, c. 82, § 2, eff. Nov. 1, 2014.
§63-3162. Brochure and online presentation of rights and
responsibilities for health care providers – Certification
requirements.
A. The State Board of Medical Licensure and Supervision shall
prepare, and from time to time amend, a brochure to inform health
care providers of their responsibilities and rights under the
specified sections of the Hydration and Nutrition for Incompetent
Patients Act (Sections 3080.2 through 3080.5 of this title), the
Nondiscrimination in Treatment Act (Sections 3090.2 and 3090.3 of
this title), the Oklahoma Advance Directive Act (Section 3101.9 of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1514
this title), the Oklahoma Do-Not-Resuscitate Act (Section 3131.4 of
this title) and the Assisted Suicide Prevention Act (Sections 3141.3
and 3141.4 of this title). The brochure shall include contact
information for officials to whom alleged violations of those
provisions may be reported. The Board shall prepare, from time to
time revise, and make available on the Board's website an online
presentation, which shall be a minimum of one (1) hour in length,
consisting of training on the responsibilities and rights of health
care providers covered by the current brochure. The Board shall
provide for means to verify that a viewer indeed observed the full
online presentation, such as a quiz on its content to be answered at
the end of the presentation or other methods commonly employed in
association with continuing medical education. The Board shall
provide to each viewer who complies with such verification a dated
certification that the viewer completed the online training. The
Board shall make the current brochure and online presentation
available on the Board's website and shall inform all Oklahoma
inpatient health care services entities of their availability and
how to access them online on the Board's website.
B. Inpatient health care services entities shall ensure that
all health care providers and other defined officials associated
with the inpatient health care services entity are provided with a
copy of the current brochure and sign a certification that they have
read the brochure and are familiar with their responsibilities and
rights as set forth therein:
1. Within fourteen (14) days of beginning employment with, of
beginning service on the board of directors of, or of beginning to
provide services to patients at the entity; and
2. At least once during each calendar year.
C. At least once during each consecutive two-calendar-year
period all health care providers and the administrator or chief
executive officer, by whatever title the person serving that
function may be called, associated with an inpatient health care
services entity shall observe the online presentation described in
subsection A of this section. The time required for observation of
this presentation shall count as part of, rather than being in
addition to, continuing education otherwise required for licensed
health care providers. Inpatient health care services entities
shall ensure that all health care providers and other defined
officials associated with the inpatient health care services entity
provide the entity with a copy of each dated certification by the
Board verifying that the provider or official observed the online
presentation described in subsection A of this section in compliance
with this requirement, and shall maintain such copies on file for a
minimum of four (4) calendar years following the calendar year to
which they apply. The files of such copies shall be subject to
Oklahoma Statutes - Title 63. Public Health and Safety Page 1515
inspection under subsection B of Section 1-705, and Sections 1-829
and 1-1911 of this title.
D. The provisions of subsection B of this section shall be
effective at the beginning of the second calendar month after the
month in which the State Board of Medical Licensure and Supervision
publishes the initial brochure required by this section on its
website. The provisions of subsection C of this section shall be
effective beginning with calendar year 2015.
E. The provisions of subsections B and C of this section shall
apply to licensees of the State Board of Osteopathic Examiners and
such licensees shall receive appropriate continuing education
credits.
Added by Laws 2014, c. 82, § 3, eff. Nov. 1, 2014. Amended by Laws
2016, c. 111, § 1, emerg. eff. April 20, 2016.
§63-3163. Disclosure statement for patients and patients' families.
A. The State Board of Medical Licensure and Supervision shall
prepare, and from time to time amend, a disclosure statement
designed to inform patients and patients' families of their rights
under the specified sections of the Hydration and Nutrition for
Incompetent Patients Act (Sections 3080.2 through 3080.5 of Title 63
of the Oklahoma Statutes), the Nondiscrimination in Treatment Act
(Sections 3090.2 and 3090.3 of Title 63 of the Oklahoma Statutes),
the Oklahoma Advance Directive Act (Section 3101.9 of Title 63 of
the Oklahoma Statutes) and the Oklahoma Do-Not-Resuscitate Act
(Section 3131.4 of Title 63 of the Oklahoma Statutes). The
disclosure statement shall include contact information for officials
to whom alleged violations of those provisions may be reported. The
State Department of Health 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 the federal Patient
Self-Determination Act under 42 U.S.C., Section 1395cc(f) or 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.
C. The provisions of subsection B of this section shall be
effective thirty (30) days after the date on which the State
Department of Health publishes the initial disclosure statement
required by this section.
Added by Laws 2014, c. 82, § 4, eff. Nov. 1, 2014.
§63-3201. Short title.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1516
This act shall be known and may be cited as the "University
Hospitals Authority Act".
Added by Laws 1993, c. 330, § 1, eff. July 1, 1993.
§63-3202. Definitions.
A. As used in the University Hospitals Authority Act:
1. "University Hospitals" include University Hospital, Oklahoma
Children's Hospital and any and all inpatient and outpatient
hospital and clinical facilities and office and research buildings,
facilities or property owned by or under the management and control
of the University Hospitals Authority or the University Hospitals
Trust;
2. "Authority" means the University Hospitals Authority;
3. "Department" means the Department of Human Services;
4. "Commission" means the Commission for Human Services or the
Oklahoma Public Welfare Commission;
5. "University Hospital" means the inpatient and outpatient
hospital and clinical facilities and office and research buildings,
facilities or property assigned for the use of University Hospital
by the University Hospitals Authority; and
6. "Oklahoma Children's Hospital " means the inpatient and
outpatient hospital and clinical facilities and office and research
buildings, facilities or property assigned for the use of Oklahoma
Children's Hospital by the University Hospitals Authority. Any
statutory reference to "Children's Hospital of Oklahoma" or
"Children's Hospital" shall be construed to refer to Oklahoma
Children's Hospital as defined in this section.
B. The University Hospitals Authority may assign any inpatient
and outpatient hospital and clinical facilities, research buildings,
facilities or property and any other buildings, facilities or
property under its ownership or management and control to University
Hospital, Oklahoma Children's Hospital or any other division or
entity which is part of University Hospitals.
C. No person or entity shall use the title "Oklahoma Children's
Hospital" or "Children's Hospital of Oklahoma" for any purpose
without the express permission of the University Hospitals Trust.
No person or entity shall use the title "Children's Hospital" with
respect to Children's Hospital of Oklahoma as defined in this
section without the express permission of the University Hospitals
Trust.
Added by Laws 1993, c. 330, § 2, emerg. eff. June 8, 1993. Amended
by Laws 2019, c. 495, § 1, eff. Nov. 1, 2019; Laws 2021, c. 285, §
6, eff. Nov. 1, 2021.
§63-3203. Purposes - Legislative findings - Continued subsidized
indigent health care - Powers of Board of Regents of University of
Oklahoma.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1517
A. The purposes of the University Hospitals Authority Act are
to provide for an effective and efficient administration, to ensure
a dependable source of funding, and to effectuate the mission and
purposes of the University Hospitals Authority. The mission and
purposes of the University Hospitals are to serve as general
hospitals, to serve as teaching and training facilities for students
enrolled at the University of Oklahoma, to serve as a site for
conducting research by faculty members of the University of Oklahoma
and to provide care for the medically indigent. The University
Hospitals shall maintain a close affiliation with the University of
Oklahoma Health Sciences Center and shall coordinate their
operations and activities in a cooperative manner. In addition, the
University Hospitals Authority shall provide indigent and
nonindigent patient care, as more fully described herein.
B. The Legislature finds that the needs of the citizens of this
state and the needs of the University of Oklahoma Health Sciences
Center will be best served if the University Hospitals are operated
by a separate Authority charged with the mission of operating or
leasing the operations of the teaching hospitals for the benefit of
the colleges of the University of Oklahoma Health Sciences Center
and providing care for the medically indigent.
C. The University Hospitals Authority, by receiving the assets
and operating obligations, shall ensure that the costs of delivering
medically indigent care continue to be subsidized in excess of the
state reimbursement for the medically indigent, consistent with the
teaching hospitals' past policy and performance and that of the
University of Oklahoma Health Sciences Center. The Authority shall
make or cause to be made every reasonable effort to continue the
hospitals' historic commitment to the provision of uncompensated
care and that the allocation and investment of resources shall be
made with a view to maximizing the hospitals' long-term ability to
provide uncompensated care, except as may be modified by changes in
federal or state law. The University Hospitals Authority shall
ensure that indigent care provided by the Oklahoma Medical Center
during a fiscal year shall be equal to or exceed one hundred twenty
percent (120%) of the annual appropriation to the University
Hospitals Authority for indigent care. The level of indigent care
provided shall be based on Medicare costs as determined by the most
recent report filed by any operating entity of the University
Hospitals with the federal Health Care Finance Administration.
D. As used in this section, "indigent care" means charity care,
Medicaid contractual allowances, all debt arising from accounts for
which there is no third-party coverage including services provided
to the Department of Corrections and Department of Mental Health and
Substance Abuse Services as otherwise required by law. For purposes
of this subsection, third-party coverage shall not include Medicaid
coverage.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1518
E. The Board of Regents of the University of Oklahoma shall
retain full power to govern the personnel, curriculum and facilities
of the University of Oklahoma.
Added by Laws 1993, c. 330, § 3, emerg. eff. June 8, 1993. Amended
by Laws 1995, c. 263, § 1; Laws 1997, c. 174, § 1, emerg. eff. May
8, 1997; Laws 2000, 1st Ex. Sess., c. 8, § 11, eff. July 1, 2000;
Laws 2002, c. 384, § 3, emerg. eff. June 4, 2002; Laws 2019, c. 495,
§ 2, eff. Nov. 1, 2019.
§63-3204. University Hospitals - Transfer of jurisdiction,
supervision, management and control.
A. Until July 1, 1993, the University Hospitals shall be under
the jurisdiction, supervision, management and control of the
Department of Human Services.
B. Effective July 1, 1993, the University Hospitals are hereby
transferred from the Department of Human Services to the University
Hospitals Authority.
C. The transfer shall include:
1. All powers, duties, responsibilities, properties, assets,
fund balances, encumbrances, obligations, records, personnel and
liabilities including, but not limited to, liability for all
University Hospital employees’ sick leave, annual leave, holidays,
unemployment benefits and workers’ compensation benefits accruing to
employees prior to July 1, 1993, which are attributable to the
University Hospitals; provided, however, that any claims arising
under the Governmental Tort Claims Act and filed prior to July 1,
1993, and from any other actions filed prior to July 1, 1993, shall
remain the responsibility of the Department of Human Services. All
claims arising prior to July 1, 1993 and for which no action has
been filed shall be paid by the Risk Management Program;
2. Oklahoma Children’s Hospital and all buildings and
appurtenances located on land which is described as follows: Blocks
B, 3, 4, 12 and 13, and the North 30 feet of Block 14; and Lots 6
through 15, Block 21, CULBERTSON HEIGHTS ADDITION less and except
the West 7 feet of Lot 5 and all of Lots 6 through 19, and the East
5 feet of Lot 20 and the North 59.5 feet of Lots 21 through 26, and
the North 59.5 feet of the West 49.5 feet of Lot 27, all in Block
13, CULBERTSON HEIGHTS ADDITION to the City of Oklahoma City,
Oklahoma, and also less and except the West 106 feet of the vacated
Northeast 12th Street abutting said Block 13; and a part of Block
20, CULBERTSON HEIGHTS ADDITION and a part of the alleys adjacent
thereto, and a part of the SW 1/4, Section 26, T12N, R3W, I.M., and
a part of the SE 1/4, Sec. 27, T12N, R3W, I.M., Oklahoma County,
Oklahoma, and a part of vacated Kelley Avenue adjacent thereto, more
particularly described as follows: Commencing at the NE corner of
Block 20, CULBERTSON HEIGHTS ADDITION, Oklahoma City, Oklahoma,
thence S. 0 degrees 03’ 34” E. and along the East line of said Block
Oklahoma Statutes - Title 63. Public Health and Safety Page 1519
20 and along the West Right-of-Way line of Stonewall Avenue a
distance of 10 ft. to the point or place of beginning; thence
continuing S. 0 degrees 03’ 34” E. and along the East line of said
Block 20 and along the West Right-of-Way line of Stonewall Avenue a
distance of 341.27 ft., thence N. 89 degrees 54’ 35” W. a distance
of 520.10 ft., thence N. 0 degrees 11’ 08” E. a distance of 18.0
ft.; thence N. 89 degrees 48’ 52” W. a distance of 12.0 ft.; thence
N. 0 degrees 11’ 08” E. a distance of 6 ft.; thence N. 89 degrees
48’ 52” W. a distance of 21.5 ft., thence N. 0 degrees 11’ 08” E. a
distance of 22.5 ft., thence N. 89 degrees 48’ 52” W. a distance of
286.5 ft., thence N. 89 degrees 48’ 52” W. a distance of 27.00 feet;
thence N. 0 degrees 12’ 03” E. a distance of 72.50 feet; thence N.
89 degrees 48’ 51” W. a distance of 25.65 feet; thence N. 23 degrees
29’ 12” W. a distance of 250.50 feet to a point on the South Right-
of-Way line of N.E. 13th Street; thence S. 89 degrees 48’ 51” E. and
along the South Right-of-Way line of N.E. 13th Street a distance of
649.76 feet; to a point in the East line of said SE 1/4 of Section
27, T12N, R3W, thence S. 0 degrees 06’ 23” W. along the East line of
said Section 27, a distance of 10.0 ft., thence N. 89 degrees 33’
42” E. and parallel to and 10 ft., South of the North line of said
Block 20 of said CULBERTSON HEIGHTS ADDITION a distance of 342.10
ft. to the point or place of beginning; and
3. a. University Hospital and all buildings and
appurtenances located on land which is described as
follows: A part of the South Half of the Southeast
Quarter of Section 27, T12N, R3W of the Indian
Meridian AND a part of the North Half of the Northeast
Quarter of Section 34, T12N, R3W, of the Indian
Meridian, all in Oklahoma County, Oklahoma, more
particularly described as follows: Beginning at the
Southwest corner of Block 13, HOWE’S CAPITOL ADDITION;
thence N. 0 degrees 10’ 36” E. along the East line of
Phillips Avenue a distance of 674.64 feet to a point
on the South line of Northeast 13th Street; thence S.
89 degrees 48’ 51” E. along the South line of said
Northeast 13th Street a distance of 620.30 feet;
thence S. 23 degrees 29’ 12” E. a distance of 250.50
feet; thence S. 89 degrees 48’ 51” E. a distance of
25.65 feet; thence S. 0 degrees 12’ 03” W. a distance
of 72.50 feet; thence S. 89 degrees 48’ 51” E. a
distance of 27.00 feet; thence S. 00 degrees 12’ 03”
W. a distance of 443.57 feet; thence S. 89 degrees 43’
03” E. a distance of 32.95 feet; thence S. 00 degrees
14’ 28” W. along the East line of a retaining wall a
distance of 733.66 feet to a point on the South line
of Block 1 of OAK PARK ADDITION; thence S. 89 degrees
52’ 55” W. along the South line of Blocks 1 and 7 of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1520
OAK PARK ADDITION a distance of 810.11 feet to the
Southwest corner of said Block 7; thence N. 00 degrees
10’ 36” E. along the West line of said Block 7, OAK
PARK ADDITION a distance of 213.87 feet; thence N. 89
degrees 49’ 24” W. a distance of 3.40 feet; thence N.
00 degrees 10’ 36” E. along the West line of Block 24,
HOWE’S CAPITOL ADDITION a distance of 190.00 feet;
thence S. 89 degrees 49’ 24” E. a distance of 8.10
feet; thence N. 00 degrees 10’ 36” E. along the West
line of Block 18, HOWE’S CAPITOL ADDITION a distance
of 405.00 feet to the Point of Beginning and
containing 1,146,572 Square Feet or 26.32 Acres more
or less, and
b. All of Blocks 1 and 2 of Culbertson Heights Addition,
and all of Block 3 and Lots 3 through 20 and the North
50 feet of Lots 21 through 38 of Block 12, Oak Park
Addition to the City of Oklahoma City, Oklahoma
including the encompassed and abutting portions of the
vacated Northeast 11th Street, Park Place and
Northeast 10th Street, and the abutting portion of
Everest Avenue and the alley way in Block 12 of the
said Oak Park Addition.
D. The Department of Human Services shall retain the Service
Center Building and land located on: The South 100 feet of Block 12
and all of Block 17, Oak Park Addition to the City of Oklahoma City,
Oklahoma including the encompassed or abutting portions of vacated
Everest Avenue and Northeast 9th Street. (219,300 sq. ft., 5.03
acres).
E. Appropriate conveyances shall be executed to effectuate the
transfers specified by subsections B, C and D of this section.
Added by Laws 1993, c. 330, § 4, emerg. eff. June 8, 1993. Amended
by Laws 2019, c. 495, § 3, eff. Nov. 1, 2019; Laws 2021, c. 285, §
7, eff. Nov. 1, 2021; Laws 2025, c. 234, § 1, eff. Nov. 1, 2025.
§63-3205. University Hospitals - Certificate of Need - Operation
and licensing - Service and receiving payments - Teaching and
training.
A. Notwithstanding any other law, any expansion, addition, or
change to the University Hospitals in furtherance of the University
Hospitals Authority Act shall not require a certificate of need.
B. 1. University Hospitals shall be operated as general
hospitals and shall be licensed by the State Commissioner of Health,
and shall, as far as possible, meet the standards, requirements and
essentials of the Joint Commission, the American Medical
Association’s Council on Medical Education, the American Specialty
Boards and the Association of American Medical Colleges.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1521
2. The University Hospitals shall operate a public Level I
Trauma Center and shall meet the standards and requirements of the
American College of Surgeons to attain such designation. The
University Hospitals Authority shall annually certify to the
Oklahoma Health Care Authority that the University Hospitals meet
such standards and requirements with respect to any Medicaid
supplemental payments to be received from the Oklahoma Health Care
Authority for the public Level I Trauma Center.
3. The University Hospitals may provide services and receive
payments therefor under Titles XVIII and XIX of the federal Social
Security Act, and may participate in other federal medical programs.
4. University Hospitals shall be available as teaching and
training hospitals for the colleges of the University of Oklahoma
Health Sciences Center, for the University of Oklahoma College of
Medicine, and for other health and educational facilities and shall
provide indigent patient care.
Added by Laws 1993, c. 330, § 5, eff. July 1, 1993. Amended by Laws
2025, c. 234, § 2, eff. Nov. 1, 2025.
§63-3206. Children's Hospital - General hospital and service
institution for certain persons.
Oklahoma Children's Hospital shall serve as a general hospital
and service institution for persons under twenty-one (21) years of
age and shall have the authority to extend services to persons
twenty-one (21) years or older.
Added by Laws 1993, c. 330, § 6, eff. July 1, 1993.
Amended by Laws 2021, c. 285, § 8, eff. Nov. 1, 2021.
§63-3207. University Hospitals Authority - Creation - Powers and
authority - Status - Membership - Terms of office - Qualifications -
Removal of member - Vacancies - Compensation and expenses - Quorum -
Other laws.
A. There is hereby created the University Hospitals Authority,
an agency of the State of Oklahoma, a body corporate and politic,
with powers of government and with the authority to exercise the
rights, privileges and functions as specified in the University
Hospitals Authority Act. The University Hospitals Authority is an
agency of the State of Oklahoma covered by the Governmental Tort
Claims Act.
B. The Authority shall consist of six (6) members as follows:
1. One member shall be appointed by the Governor, with the
advice and consent of the Senate;
2. One member shall be appointed by the President Pro Tempore
of the Senate;
3. One member shall be appointed by the Speaker of the House of
Representatives;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1522
4. One member shall be the Administrator of the Oklahoma Health
Care Authority, or his or her designee;
5. One member shall be the Provost of the University of
Oklahoma Health Sciences Center; and
6. The Chief Executive Officer of the University Hospitals
Authority who shall be an ex officio, nonvoting member.
C. Each member of the Authority, prior to appointment, shall be
a resident of the state and a qualified elector.
D. Each appointed member shall serve at the pleasure of his or
her appointing authority and be removed or replaced without cause.
Members serving on November 1, 2019, shall continue serving unless
and until another appointment is made by the appointing authority.
Any vacancy occurring on the Authority shall be filled by the
original appointing authority.
E. The members of the Authority shall serve without
compensation but may be reimbursed for all actual and necessary
travel expenses incurred in performance of their duties in
accordance with the provisions of the State Travel Reimbursement
Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.
F. All members of the Authority and administrative personnel of
the Authority shall be subject to the Rules of the Ethics Commission
and the provisions of the Oklahoma Ethics Commission Act, Section
4200 et seq. of Title 74 of the Oklahoma Statutes.
G. A quorum of the Authority shall be three (3) voting members.
Members shall elect a chair and vice chair for the Authority from
among its members. The chair must be an appointed member of the
Authority.
H. The Authority shall be subject to the Open Meeting Act,
Section 301 et seq. of Title 25 of the Oklahoma Statutes, and the
Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma
Statutes, except as otherwise provided by this act. Any information
submitted to or compiled by the Authority except for budgetary
information related to appropriations or the appropriations process
with respect to the marketing plans, financial statements, trade
secrets, research concepts, methods or products, or any other
proprietary information of the Authority, persons, firms,
associations, partnerships, agencies, corporations, institutions of
higher education, nonprofit research institutions or other entities
shall be confidential, except to the extent that the person or
entity which provided such information or which is the subject of
such information consents to disclosure. Executive sessions may be
held to discuss such materials if deemed necessary by the Authority.
Added by Laws 1993, c. 330, § 7, emerg. eff. June 8, 1993. Amended
by Laws 1994, c. 283, § 5, eff. Sept. 1, 1994; Laws 1997, c. 174, §
2, emerg. eff. May 8, 1997; Laws 2019, c. 495, § 4, eff. Nov. 1,
2019.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1523
§63-3208. University Hospitals Authority - Powers and duties.
A. The Authority shall have the power to:
1. Adopt bylaws and promulgate rules for the regulation of its
affairs and the conduct of its business;
2. Adopt an official seal;
3. Maintain an office at the University Hospitals;
4. Sue and be sued, subject to the provisions of The
Governmental Tort Claims Act;
5. Establish rates of payment for hospital and clinical
services, which shall provide for exceptions and adjustments in
cases where the recipients of services are unable to pay and for
whom no third party source of payment is available, and to establish
different rates of payment for indigent and nonindigent care;
6. Enter into cooperative agreements with the Board of Regents
of the University of Oklahoma for educational programs, professional
staffing, research and other medical activities and to pass through
funds appropriated by the Legislature consistent with past practice;
7. Make and enter into all contracts necessary or incidental to
the performance of its duties and the execution of its powers
pursuant to the University Hospitals Authority Act;
8. Purchase or lease equipment, furniture, materials and
supplies, and incur such other expenses as may be necessary to
maintain and operate the hospitals or clinics, or to discharge its
duties and responsibilities or to make any of its powers effective;
9. Acquire by purchase, lease, gift, or by any other manner,
and to maintain, use and operate or to contract for the maintenance,
use and operation of or lease of any and all property of any kind,
real, personal, or mixed or any interest therein unless otherwise
provided by the University Hospitals Authority Act;
10. Appoint such officers, agents and employees, including but
not limited to attorneys, architects and construction managers, as
it deems necessary to operate and maintain the University Hospitals
and to prescribe their duties and to fix their compensation;
11. Accept grants from the United States of America, or from
any corporation or agency created or designated by the United States
of America, and, in connection with any such grant, to enter into
such agreements as the United States of America or such corporation
or agency may require;
12. Make and issue bonds and to pledge revenues of the
Authority subject to the Oklahoma Bond Oversight and Reform Act.
Nothing in the University Hospitals Authority Act shall authorize
the issuance of any bonds of the Authority payable other than from
revenues of the University Hospitals. Funds appropriated to the
University Hospitals shall not be used for issuance of bonds.
Authority revenue bonds issued under the provisions of the
University Hospitals Authority Act shall not at any time be deemed
to constitute a debt of the state or of any political subdivision
Oklahoma Statutes - Title 63. Public Health and Safety Page 1524
thereof or a pledge of the faith and credit of the state or of any
political subdivision, but such bonds shall be payable solely from
the funds herein provided. Such revenue bonds shall contain on the
face thereof a statement to the effect that neither the state nor
the Authority shall be obligated to pay the same or the interest
thereon except from the revenues of the project or projects for
which they are issued and that neither the faith and credit nor the
taxing power of the state or any political subdivision thereof is
pledged, or may hereafter be pledged, to the payment of the
principal of or the interest on such bonds. The maximum amount of
outstanding bonds at any time shall not exceed Fifty Million Dollars
($50,000,000.00) unless a greater amount is expressly approved by
the Legislature by a concurrent resolution adopted prior to
commencing any action in anticipation of issuance of revenue bonds
of the University Hospitals Authority for the greater amount;
13. Provide for complete financial audits on all accounts of
the University Hospitals Authority and to authorize periodic audits
by an independent external auditing agency. Such audits to be
performed annually in a format approved by the State Auditor and
Inspector and all such audits shall be submitted to the State
Auditor and Inspector for review. Such audits shall be made in
accordance with generally accepted auditing standards and government
auditing standards. Financial statements shall be prepared in
accordance with generally accepted accounting principles. In
addition to said audits, the State Auditor and Inspector, whenever
he or she deems it appropriate, and at least once each five (5)
years, or upon receipt of a request to do so from the Governor, the
Attorney General, the President Pro Tempore of the Senate, the
Speaker of the House of Representatives or the Authority shall
conduct a special audit of the Authority and the University
Hospitals;
14. Engage in long-term planning for the operation and
management of the University Hospitals;
15. Establish petty cash funds and provide for appropriate
accounting procedures and controls;
16. Contract with national manufacturers, wholesalers and
distributors of equipment, drugs and medical supplies when
appropriate to carry out the purposes of the University Hospitals
Authority Act;
17. Do all other things necessary and proper to implement the
provisions of the University Hospitals Authority Act;
18. Waive, by such means as the Authority deems appropriate,
the exemption from federal income taxation of interest on the
Authority's bonds provided by the Internal Revenue Code of 1986, as
amended, or any other federal statute providing a similar exemption;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1525
19. Arrange for guaranties or insurance of its bonds by the
federal government or by any private insurer, and to pay any
premiums therefor; and
20. Adopt policies for the disposal of surplus property.
B. The University Hospitals Authority shall be subject to the
Oklahoma State Finance Act, Section 34 et seq. of Title 62 of the
Oklahoma Statutes.
C. The Authority shall prepare monthly a "budget vs. actual"
report which shows by budget activity the monthly and year-to-date
revenues and expenditures compared to budgeted revenues and
expenditures. Such report shall be submitted upon request to the
Office of Management and Enterprise Services and to the Directors of
the House of Representatives Fiscal Division and the Senate Fiscal
Division.
D. The Authority shall be subject to the professional risk
management program provided for in Section 85.58A of Title 74 of the
Oklahoma Statutes.
E. The Authority may enter into contracts for construction and
remodeling projects in accordance with applicable statutes and its
own administrative rules. The Authority shall have the power to
authorize the demolition of any building owned by the Authority upon
a finding that the building is no longer suitable for the purposes
for which it was intended and that a renovation of the building is
not economically justifiable.
F. The Authority may provide space, utilities and janitorial
services to the Department of Human Services Institutional
Maintenance and Construction Architecture and Engineering Planning
Unit.
Added by Laws 1993, c. 330, § 8, emerg. eff. June 8, 1993. Amended
by Laws 2012, c. 304, § 513; Laws 2019, c. 495, § 5, eff. Nov. 1,
2019.
§63-3209. Determination of criteria and standards for medicaid
recipients and indigents - Medicaid eligibility office staff.
The Department of Human Services or the successor agency
responsible for Medicaid shall continue to determine eligibility
criteria and standards for Medicaid recipients and indigents and
continue to staff a Medicaid eligibility office at the University
Hospitals.
Added by Laws 1993, c. 330, § 9, eff. July 1, 1993.
§63-3210. University Hospitals - Authority - Agreements and
undertakings.
A. The University Hospitals Authority shall have the authority
to:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1526
1. Enter into agreements and cooperative ventures with other
health care providers to share services or to provide a benefit to
the hospitals;
2. Make and enter into all contracts and agreements necessary
or incidental to the performance of its duties and the execution of
its powers pursuant to the University Hospitals Authority Act;
3. Join or sponsor organizations or associations intended to
benefit the hospitals;
4. Have members of its governing body or its officers or
administrators serve without pay as directors or officers of any
organization, association or cooperative ventures authorized
pursuant to the University Hospitals Authority Act; and
5. Offer, directly or indirectly, products and services of the
hospitals, any cooperative venture or organization to the general
public.
B. All agreements and obligations undertaken, as permitted
under this section, by the University Hospitals Authority shall be
for a public purpose. In addition to any other limitations,
conditions or restrictions provided by law, the following conditions
shall apply to contractual agreements entered into pursuant to this
section:
1. Private and public funds shall be accounted for separately;
and
2. The state does not assume any liability for private
entities.
Added by Laws 1993, c. 330, § 10, emerg. eff. June 8, 1993. Amended
by Laws 2019, c. 495, § 6, eff. Nov. 1, 2019.
§63-3211. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3212. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3213. Employees of University Hospitals Authority - Retirement
systems.
All employees of the University Hospitals Authority shall be
members of the Oklahoma Public Employees Retirement System or the
Teachers' Retirement System of Oklahoma as appropriate.
Added by Laws 1993, c. 330, § 13, eff. July 1, 1993.
§63-3213.1. Repealed by Laws 1997, c. 287, § 19, eff. July 1, 1997.
§63-3213.2. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3214. Investments of funds - University Hospitals Authority
Agency Special Account - Blanket bond coverage.
A. The funds deposited in the Agency Special Account as created
in subsection B of this section shall be invested by the State
Oklahoma Statutes - Title 63. Public Health and Safety Page 1527
Treasurer in the manner provided for by law. The return on such
investments shall be credited to the accounts of the Authority.
B. There is hereby created in the State Treasury an Official
Depository Account for the University Hospitals Authority, to be
designated the University Hospitals Authority Agency Special
Account. The Official Depository Account shall consist of an agency
clearing account and an agency special account. All revenues,
except federal entitlements and state appropriations, generated by
the University Hospitals Authority shall be deposited in these
accounts.
C. The Authority shall be subject to blanket bond coverage as
provided in Sections 85.26 through 85.31 of Title 74 of the Oklahoma
Statutes, provided the Authority shall be authorized to purchase
increased amounts of fidelity bond coverage for those employees
deemed necessary by the Authority. When the amount listed in
Section 85.29 of Title 74 of the Oklahoma Statutes is deemed
inadequate, the cost of increased coverage shall be borne by the
Authority.
Added by Laws 1993, c. 330, § 14, eff. July 1, 1993.
§63-3215. Issuance of bonds - Resolution - Amount - Principal and
interest - Credit enhancement - Form - Execution - Denominations -
Place of payment - Signatures - Qualities and incidences - Manner of
sale - Fees and expenses - Interim receipts or temporary bonds -
Replacement bonds - Consent of issue - Refunding bonds.
A. Subject to the provisions of paragraph 12 of subsection B of
Section 8 of this act, the University Hospitals Authority may
provide by resolution, from time to time, for the issuance of
revenue bonds for its lawful purposes, in such amount or amounts as
are necessary, incidental or convenient to the exercise of powers,
rights, privileges and functions conferred upon it by the University
Hospitals Authority Act or other law. The principal of and interest
on any indebtedness shall be payable solely from the revenues of the
Authority and such other funds as may be provided by law for such
payment. The Authority may provide for credit enhancement as
additional security or liquidity for its bonds and enter into such
agreements as may be necessary or appropriate to provide for the
repayment of any funds advanced by the provider of any such credit
enhancement including the payment of any fees and expenses incurred
in connection therewith. The bonds of each issue shall bear
interest at fixed or variable rates and shall bear an average
interest rate not to exceed eleven percent (11%) per annum, shall
mature at such time or times not exceeding thirty (30) years from
their date or dates of issue, as may be determined by the Authority,
and may be made redeemable before maturity at the option of the
Authority, at such time or times and at such price or prices and
pursuant to such terms and conditions as may be fixed by the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1528
Authority prior to the issuance of the bonds. The Authority shall
determine the form of the bonds and the manner of execution thereof,
and shall fix the denominations of the bonds and the place or places
of payment of principal and interest, which may be at any bank and
trust company within or without this state. If any officer whose
signature or facsimile of whose signature appears on any bonds shall
cease to be said officer before the delivery of the bonds, the
signature or the facsimile shall nevertheless be valid and
sufficient for all purposes, the same as if the person had remained
in office until such delivery. All bonds issued pursuant to the
provisions of the University Hospitals Authority Act shall have all
the qualities and incidences of negotiable instruments subject to
the laws of this state. The Authority may sell the bonds in such
amounts and in such manner, either at public or private sale, and
for such price, as it may determine to be in the best interests of
the state. If the bonds are not sold by competitive bid, the sale
must be approved by the State Bond Advisor.
B. All fees and expenses of bond sales must be approved by the
State Bond Advisor and the Bond Oversight Commission. Prior to the
preparation of definitive bonds, the Authority, subject to like
restrictions, may issue interim receipts or temporary bonds, with or
without coupons, exchangeable for definitive bonds which have been
executed and are available for delivery. The Authority may also
provide for the replacement of any bonds which have become mutilated
or which have been destroyed or lost. Except as otherwise provided
by Section 19 of this act, bonds may be issued pursuant to the
provisions of the University Hospitals Authority Act without
obtaining the consent of any department, division, commission,
board, bureau, or agency of this state, and without any other
proceedings or the occurrence of any other conditions or things than
those proceedings, conditions, or things that are specifically
required by the University Hospitals Authority.
C. The Authority may, by resolution, provide for the issuance
of refunding bonds then outstanding, including the payment of any
redemption premium, any interest accrued to the date of redemption
of such bonds, and for incurring additional indebtedness for its
lawful purposes. The issuance of such bonds shall be governed by
the provisions of the University Hospitals Authority Act.
Added by Laws 1993, c. 330, § 15, eff. July 1, 1993.
§63-3216. Issuance of bonds - Approval of Attorney General.
Before any bond shall be issued and delivered by the University
Hospitals Authority, a certified copy of the proceedings for the
issuance thereof, together with any other information which the
Attorney General of the State of Oklahoma may require as the Bond
Commissioner of the State of Oklahoma, shall be submitted to the
Attorney General. If the Attorney General shall find that such
Oklahoma Statutes - Title 63. Public Health and Safety Page 1529
bonds have been issued in accordance with law, he shall approve such
bonds and execute a certificate to that effect. The Attorney
General shall file such certificates in the office of the State
Auditor and Inspector, and the certificates shall be recorded in a
record kept for that purpose. All bonds approved by the Attorney
General, and issued in accordance with the approved proceedings,
shall be valid and binding obligations of the Authority and shall be
incontestable for any course from and after the date of such
approval.
Added by Laws 1993, c. 330, § 16, eff. July 1, 1993.
§63-3217. Issuance of bonds - Approval of Supreme Court.
The University Hospitals Authority or the University Hospitals
Trust may file an application with the Supreme Court of the State of
Oklahoma for approval of any bonds to be issued under the provisions
of the University Hospitals Authority Act, and exclusive original
jurisdiction is hereby conferred upon the Supreme Court to hear and
determine such application. The Supreme Court shall give such
applications precedence over the other business of the Court and
consider and determine the validity of the bonds and consider the
application and any protest which may be filed thereto. Notice of
the hearing on each application shall be given by notice published
in a newspaper of general circulation in this state that on a day
named the Authority or the Trust will ask the Court to hear the
application and approve the bonds. Such notice shall inform all
interested parties that they may file a protest against the issuance
of the bonds, may be present at the hearing, and may contest the
legality thereof. Such notice shall be published one time, not less
than ten (10) days prior to the date named for the hearing and the
hearing may be adjourned from time to time in the discretion of the
Court. If the Court is satisfied that the bonds have been properly
authorized in accordance with the University Hospitals Authority
Act, and that when issued such bonds will constitute valid
obligations in accordance with their terms, the Court shall render
its written opinion approving the bonds and shall fix the time
within which the petition for rehearing may be filed. The decision
of the Court shall be a judicial determination of the validity of
the bonds, shall be conclusive as to the Authority or the Trust, its
officers and agents, and thereafter the bonds so approved and the
revenues pledged to their payment shall be incontestable in any
court in the State of Oklahoma.
Added by Laws 1993, c. 330, § 17, eff. July 1, 1993. Amended by
Laws 1997, c. 174, § 3, emerg. eff. May 8, 1997.
§63-3218. Bonds not to be debt of state or political subdivision -
Statement on bonds - Tax exemption.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1530
Revenue bonds of the University Hospitals Authority issued
pursuant to the provisions of the University Hospitals Authority
shall not constitute a debt of the state or of any political
subdivision thereof, or a pledge of the full faith and credit of the
state, or of any political subdivision thereof, but such bonds shall
be payable solely from the funds provided therefor. The forms of
the bonds so issued shall contain on the face thereof a statement to
the effect that neither the state nor the Authority shall be
obligated to pay the same or the interest thereon except from the
revenues of the Authority pledged to the payment of such bonds and
that neither the faith and credit nor the taxing power of the state
or any political subdivision thereof is pledged, or may hereafter be
pledged, to the payment of the principal of or interest on such
bonds. The bonds so issued shall be exempt from taxation by the
State of Oklahoma and any political subdivision thereof, including
the income therefrom, and any gain from the sale thereof.
Added by laws 1993, c. 330, § 18, eff. July 1, 1993.
§63-3219. Investment in bonds issued pursuant to this act - Use as
collateral security.
Bonds issued pursuant to provisions of the University Hospitals
Authority Act are hereby made securities in which all public
officers and public boards, agencies and instrumentalities of the
state and its political subdivisions, all banks, trust companies,
trust and loan associations, investment companies, and others
carrying on a banking business, and all insurance companies and
insurance associations, and others carrying on an insurance
business, may legally and properly invest. Such bonds are also
approved as collateral security for the deposit of any public funds
and for the investment of trust funds.
Added by Laws 1993, c. 330, § 19, eff. July 1, 1993.
§63-3220. University Hospitals Authority - Annual report to
Governor and Legislature.
The University Hospitals Authority shall submit an annual report
to the Governor, the President Pro Tempore of the Senate and the
Speaker of the House of Representatives. Such report shall be
submitted in accordance with the requirements for financial
statement audits in Section 212A of Title 74 of the Oklahoma
Statutes, and shall include an account of the operations and actions
of the Authority and an accounting of all revenue received and
disbursed by the Authority for the previous fiscal year. The report
shall include an accounting of expenses related to each of the
following:
1. Education and training of students of the University of
Oklahoma, resident physicians and others;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1531
2. Care and treatment of indigents for whom the Authority
receives any form of state or federal reimbursement; and
3. Research.
Added by Laws 1993, c. 330, § 20, eff. July 1, 1993. Amended by
Laws 1996, c. 290, § 10, eff. July 1, 1996.
§63-3221. University Hospitals Authority Disbursing Fund.
A. There is hereby created in the State Treasury a revolving
fund for the University Hospitals Authority, to be designated the
"University Hospitals Authority Disbursing Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of appropriated revenues, revenues earned by the Authority,
donations and federal entitlements. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the University Hospitals Authority.
B. Following the execution of a lease of real properties under
the jurisdiction of the University Hospitals Authority to the
University Hospitals Trust pursuant to Section 3226 of this title,
monies from the fund may be expended by the Authority for the fiscal
year ending June 30, 1998, for the operations of the Authority after
the execution of the lease to the University Hospitals Trust for
payment of any costs to the Authority associated with the transfer
of operations of facilities under the jurisdiction of the Authority,
and legal obligations of the Authority. After July 1, 1998, the
operation of the Authority may be funded from the interest earned by
the fund.
C. After July 1, 2010, the principal and interest earned on the
fund may be expended by the Authority for the operation of the
Authority and for the completion of the mission of the Authority.
D. It is the intent of the Legislature to restore the fund to
the June 30, 2010, balance in the event that the state resumes
operations of any of the facilities operated by the Authority prior
to a lease being executed.
Added by Laws 1993, c. 330, § 21, eff. July 1, 1993. Amended by
Laws 1996, c. 326, § 5, eff. July 1, 1996; Laws 1997, c. 287, § 16,
eff. July 1, 1997; Laws 2010, c. 446, § 2; Laws 2019, c. 495, § 7,
eff. Nov. 1, 2019.
§63-3221.1. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3222. Traffic and parking regulations on University Hospitals
Authority property - Violations - Campus police officers and guards
- Cooperative agreements.
A. The University Hospitals Authority may regulate traffic and
the parking of vehicles on property used by or for the University
Hospitals Authority. Such regulations shall be in writing, and
copies thereof, including amendments thereto, shall be filed in the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1532
office of the Secretary of State, and in the office of the city
clerk of the City of Oklahoma City. The municipal court of the City
of Oklahoma City shall have jurisdiction to hear and determine
prosecutions for violations of such regulations, which may be
prosecuted and shall be punishable as violations of ordinances of
the City of Oklahoma City. The Authority may cause to be removed,
and may enter into contracts for such purpose, any vehicle parked in
violation of such regulations.
B. The Authority may appoint campus police officers and guards
for buildings and grounds of the University Hospitals Authority in
the same manner and with the same powers as campus police appointed
by governing boards of state institutions for higher education under
the provisions of Section 360.15 et seq. of Title 74 of the Oklahoma
Statutes, and who may prevent or stop improper conduct and trespass
in and upon such buildings and grounds, and make arrests and
prosecute any and all persons arrested for such improper conduct and
trespassing. Employees of the Authority serving as police officers
shall be certified as provided for in Section 3311 of Title 70 of
the Oklahoma Statutes.
C. The Authority and the City of Oklahoma City may enter into a
cooperative agreement to effectuate the provisions of this section.
Added by Laws 1974, c. 4, § 1, emerg. eff. March 14, 1974. Amended
by Laws 1988, c. 326, § 25, emerg. eff. July 13, 1988; Laws 1993, c.
330, § 25, eff. July 1, 1993. Renumbered from § 344 of Title 56 by
Laws 1993, c. 330, § 31, eff. July 1, 1993. Amended by Laws 1994,
c. 283, § 2, eff. Sept. 1, 1994.
§63-3223. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3224. University Hospitals Trust.
A. The State of Oklahoma expressly approves the creation of a
public trust to be denominated the "University Hospitals Trust", of
which the State of Oklahoma shall be the beneficiary, provided such
approval shall be contingent upon the following conditions being
satisfied:
1. Finalizing of the Declaration of Trust;
2. Adoption of the Declaration of Trust by an official action
of the trustees of the Trust;
3. Submission of the Trust for acceptance of the beneficial
interest and approval as required by Section 177 of Title 60 of the
Oklahoma Statutes; and
4. The approved Declaration of Trust shall:
a. clearly state that the principal purpose of the
University Hospitals Trust is to effectuate the
purposes of the University Hospitals Authority as
established in the University Hospitals Authority Act,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1533
b. except as otherwise provided by law, provide that the
fee simple title to real property held by the
University Hospitals Authority shall not be
transferred, conveyed, or assigned to the University
Hospitals Trust without the express consent of the
Legislature as the governing entity of the beneficiary
pursuant to Section 176 of Title 60 of the Oklahoma
Statutes,
c. provide that any indebtedness incurred by the
University Hospitals Trust or the trustees of the
Trust shall not be secured with or create a lien upon
real property to which title is held by the University
Hospitals Authority and shall not involve the bonding
capacity of the University Hospitals Authority,
d. provide that the trust estate of the University
Hospitals Trust shall not include fee simple title to
real property owned by the University Hospitals
Authority,
e. clearly state that the creation of the University
Hospitals Trust shall not in any way reduce, limit or
interfere with the power granted to the University
Hospitals Authority in the University Hospitals
Authority Act,
f. provide that any lease or contractual agreement
involving use of the real property to which title is
held by the University Hospitals Authority and any
improvements thereto shall contain a provision and
covenants requiring the proper maintenance and upkeep
of the real property and improvements,
g. provide that the trustees of the University Hospitals
Trust shall be the acting members of the University
Hospitals Authority as provided in the University
Hospitals Authority Act, and
h. provide that the trustees of the University Hospitals
Trust shall have the duty to submit an annual report
to the Governor, the President Pro Tempore of the
Senate and the Speaker of the House of
Representatives. The report shall be submitted by
January 1 of each year and shall include an account of
all operations, actions of the Trust, account of all
revenue received and disbursed by the Trust for the
previous fiscal year. The report shall also provide a
complete accounting of how the Trust meets its primary
function of effectuating the purposes of the
University Hospitals Authority, as established in the
University Hospitals Authority Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1534
B. The University Hospitals Trust shall require any agreements
which it enters into with any entity pursuant to Section 3226 of
this title for the operations of facilities leased by the University
Hospitals Authority to the Trust to include, but not be limited to:
1. The inclusion of four of the five members of the Trust as
four of the five members representing the State of Oklahoma as state
appointees to the governing committee created pursuant to a proposed
agreement;
2. Binding arbitration shall not be involved in such agreements
for resolving issues under consideration by the governing committee;
and
3. Major decisions shall be resolved by the governing
committee, and approval of any major decision by the governing
committee must include the approval of a majority of the state
appointees and the approval of a majority of the members of the
private entity appointees to the governing committee. Major
decisions shall include:
a. approval of the annual operating and capital budgets,
b. sale or disposition of assets that individually have a
fair market value over Two Hundred Fifty Thousand
Dollars ($250,000.00),
c. the termination or transfer or material addition or
material diminution of medical services at the
Oklahoma Medical Center related to and part of a
teaching program of the University of Oklahoma Health
Sciences Center, and
d. other major decisions as may be agreed upon by the
Trust and the private entity.
C. To the extent it is determined by legislative enactment that
the Trust has expended funds in contravention of its mission as set
forth in this section, the Trust shall remit, upon thirty (30) days'
written notice from the University Hospitals Authority, such sum or
sums to the University Hospitals Authority.
D. In the event the Trust enters into a joint venture or
acquires an interest in a not-for-profit entity to effectuate the
administration of the mission of the Trust, that entity shall not be
subject to the Oklahoma Open Meeting Act and the Oklahoma Open
Records Act. Any information submitted to or compiled by the Trust
with respect to marketing plans, financial statements, trade
secrets, research concepts, methods or products or any other
proprietary information submitted to or compiled by the Trust,
persons, firms, associations, partnerships, agencies, corporations,
institutions of higher education, nonprofit research institutions or
other entities shall be confidential, except to the extent that the
person or entity which provided such information or which is the
subject of such information consents to disclosure. Executive
sessions may be held to discuss such materials if deemed necessary
Oklahoma Statutes - Title 63. Public Health and Safety Page 1535
by the Trust. The provisions of this subsection shall not apply to
budgetary information related to appropriations or the
appropriations process.
E. In addition to the powers and exemptions granted to state
beneficiary public trusts organized under Section 176 et seq. of
Title 60 of the Oklahoma Statutes, the Trust shall possess all the
statutory powers and exemptions provided to the University Hospitals
Authority.
F. The Trust shall have the authority or may contract with a
joint operator or with a foundation supporting the programs of
Oklahoma Children's Hospital to sell naming rights to property owned
or leased by the Trust, provided proceeds from the sale of naming
rights are used to effectuate the purposes of the University
Hospitals Authority as established in the University Hospitals
Authority Act and are specifically approved by the Trust, which
shall have absolute discretion in granting or denying naming rights.
Naming rights shall not include any interest in the property by the
purchaser other than the naming rights.
Added by Laws 1995, c. 263, § 3. Amended by Laws 1996, c. 326, § 6,
eff. July 1, 1996; Laws 1997, c. 2, § 15, emerg. eff. Feb. 26, 1997;
Laws 1997, c. 174, § 4, emerg. eff. May 8, 1997; Laws 2007, c. 93, §
2, eff. Nov. 1, 2007; Laws 2016, c. 387, § 1, emerg. eff. June 6,
2016; Laws 2019, c. 495, § 8, eff. Nov. 1, 2019; Laws 2021, c. 285,
§ 9, eff. Nov. 1, 2021.
NOTE: Laws 1996, c. 321, § 5 repealed by Laws 1997, c. 2, § 26,
emerg. eff. Feb. 26, 1997.
§63-3225. Submission of certain contractual agreements to
Contingency Review Board - Declaratory judgment of Supreme Court of
Oklahoma.
A. Contingent upon the creation of the University Hospitals
Trust as provided in Section 3224 of this title, the Trust, prior to
acceptance, shall submit to the Contingency Review Board for review
the proposed agreement regarding the lease and operations of the
hospital or hospitals owned by the University Hospitals Authority to
any entity authorized to transact business in the state and an
independent statement as to the fairness of the proposed agreement
for this state. The Contingency Review Board shall upon receipt of
the proposed agreement meet within fifteen (15) business days to
review the proposed agreement; and unless the Contingency Review
Board disapproves the proposed agreement, the proposed agreement may
be executed, but no lease of the hospital or hospitals owned by the
University Hospitals Authority shall become effective until after
Supreme Court approval pursuant to subsection B of this section;
provided, any amendment to the provisions of this section shall not
be construed to affect or abrogate any agreement approved pursuant
Oklahoma Statutes - Title 63. Public Health and Safety Page 1536
to the provisions of this section prior to the effective date of
such amendment.
B. 1. If a proposed agreement is not disapproved by the
Contingency Review Board pursuant to subsection A of this section,
the University Hospitals Authority and University Hospitals Trust,
within thirty (30) calendar days after the time for Contingency
Review Board action has expired, may file a petition with the
Supreme Court of Oklahoma for a declaratory judgment determining the
validity of the proposed agreement. The review of the Court shall
be based upon the exercise of any of the powers, rights, privileges,
and functions conferred upon the Authority or the University
Hospitals Trust, as applicable, under the University Hospitals
Authority Act and Oklahoma laws. Exclusive original jurisdiction is
conferred upon the Supreme Court to hear and determine such
petitions. The Supreme Court shall give such petitions precedence
over other business of the Court except habeas corpus proceedings.
2. Notice of the hearing of such a petition shall be given by a
notice published in a newspaper of general circulation in this state
that on a day specified the Supreme Court will hear the petition to
approve the proposed agreement and enter a declaratory judgment.
The notice shall be published one time not less than ten (10) days
prior to the date specified for the hearing. The notice shall
inform property owners, taxpayers, citizens, and all persons having
or claiming any right, title, or interest in the proposed agreement
or properties or funds to be affected by the implementation of the
proposed agreement, or affected in any way thereby, that they may
file protests against the approval of the proposed agreement, and be
present at the hearing to contest the legality of the proposed
agreement. The hearing may be adjourned from time to time at the
discretion of the Court.
3. If the Court is satisfied that the proposed agreement is in
accordance with the University Hospitals Authority Act and Oklahoma
laws, the Court shall enter a declaratory judgment approving and
declaring the proposed agreement to be valid and conclusive as to
the Authority, the Trust, and all other parties to the proposed
agreement; and, upon petition of the Authority, shall issue an order
permanently enjoining all persons described in the notice required
by this subsection from thereafter instituting any action or
proceeding contesting the validity of the proposed agreement. A
declaratory judgment rendered pursuant to this subsection shall have
the force and effect of a final judgment or decree and shall be
incontestable in any court in this state.
4. As used in the University Hospitals Authority Act, “proposed
agreement” means one or more contracts regarding the lease and
operations of the hospital or hospitals owned by the University
Hospitals Authority and all other agreements contemplated by or
referred to in the contract regarding such lease and operations.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1537
C. The procedure set forth in this section for review and
approval of agreements regarding the lease and operations of the
hospital or hospitals owned by the University Hospitals Authority
shall not be required for any amendment to an agreement which has
been so reviewed and approved which has the effect of increasing
payments due to the University Hospitals Authority or University
Hospitals Trust.
Added by Laws 1995, c. 263, § 4. Amended by Laws 1996, c. 321, § 6,
emerg. eff. June 12, 1996; Laws 1997, c. 174, § 5, emerg. eff. May
8, 1997; Laws 2023, c. 118, § 1, eff. Nov. 1, 2023.
§63-3226. Leases from University Hospitals Authority to University
Hospitals Trust.
A. Contingent upon the creation of the University Hospitals
Trust as provided in Section 3224 of this title, the University
Hospitals Authority is hereby authorized to lease, for a term of not
more than fifty (50) years, renewable at the option of the
Authority, all real property known as the University Hospitals and
any other sites under the control of the Authority to the University
Hospitals Trust. Any lease agreement made pursuant to this section
shall be contingent upon:
1. Prior review by the Attorney General of any contractual
agreement between the University Hospitals Trust and any entity
authorized to transact business in the State of Oklahoma regarding
the lease and operations of the University Hospitals. The Attorney
General shall disapprove the agreement if it is determined that
provisions of the agreement are not consistent with state law; and
2. The execution of an operating and lease agreement between
the University Hospitals Trust and any entity authorized to transact
business in the State of Oklahoma.
B. Concurrent with the execution of a lease of real property
from the University Hospitals Authority to the University Hospitals
Trust as provided in subsection A of this section, the Authority is
authorized to transfer title to and possession of all tangible and
intangible personal property under its control to the Trust. In any
contractual agreement regarding the lease and operations of the
University Hospitals between the University Hospitals Trust and any
entity authorized to transact business in the State of Oklahoma, the
Trust is authorized to sell or otherwise convey to such entity all
tangible and intangible personal property the Trust may receive from
the University Hospitals Authority. Any contract or other agreement
which purports to exercise the powers authorized by this subsection
is subject to review by the Contingency Review Board, as specified
in Section 3225 of this title.
C. If a contracting entity fails to take possession of the
leased premises or abandons or surrenders possession of the leased
premises, other than to a state agency, at any time during the term
Oklahoma Statutes - Title 63. Public Health and Safety Page 1538
of the lease between the University Hospitals Trust and the
contracting entity, the interest in the real property leased to the
University Hospitals Trust by the University Hospitals Authority
shall revert to and be the sole and exclusive property of the
University Hospitals Authority.
D. Contingent upon the execution of an agreement between the
University Hospitals Trust and any entity authorized to transact
business in the State of Oklahoma, as specified in subsection A of
this section, the University Hospitals Authority is authorized to
enter into an agreement for such entity to provide indigent care
services and perform other related duties imposed upon the
University Hospitals Authority by law. Such an agreement between
the University Hospitals Authority and such entity is exempt from
the requirements of the Oklahoma Central Purchasing Act and any
rules adopted by the University Hospitals Authority pursuant to the
Administrative Procedures Act.
Added by Laws 1995, c. 263, § 5. Amended by Laws 1996, c. 321, § 7,
emerg. eff. June 12, 1996; Laws 2000, 1st Ex.Sess., c. 8, § 12, eff.
July 1, 2000.
§63-3227. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3227.1. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3228. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3229. Report of total value of sales tax exemption – Additional
reporting requirements.
With respect to the provisions of paragraph 30 of Section 1356
of Title 68 of the Oklahoma Statutes as amended by Enrolled Senate
Bill No. 79 of the 1st Session of the 58th Oklahoma Legislature, the
University Hospitals Authority shall report the total value of the
sales tax exemption from the prior fiscal year to the Governor, the
Speaker of the House of Representatives, the President Pro Tempore
of the Senate, the Chair of the House Appropriations and Budget
Committee or successor committee, and the Chair of the Senate
Appropriations Committee or successor committee as part of its
annual budget and performance review materials submitted for the
fiscal year beginning July 1, 2024, and for fiscal years thereafter.
The Authority shall further report the total number of filled
resident positions and the number of nursing graduates of the
University of Oklahoma Health Sciences Center compared to the
baseline numbers for fiscal year 2021 as part of the same report
each year. The University Hospitals Trust shall confirm for each
fiscal year beginning in fiscal year 2023 that any nonprofit entity
which has entered into a joint operating agreement with the Trust
and is subject to the provisions of paragraph 30 of Section 1356 of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1539
Title 68 of the Oklahoma Statutes has budgeted an amount equal to or
greater than the baseline amount for fiscal year 2021 for physician
and nursing workforce development, and the Trust shall verify that:
1. The nonprofit entity subject to these provisions has
increased funding to the University of Oklahoma Health Sciences
Center College of Medicine in a sufficient amount to support seventy
additional medical residency positions by fiscal year 2025 than the
baseline amount supported in fiscal year 2021;
2. The nonprofit entity subject to these provisions has
increased funding to the University of Oklahoma Health Sciences
Center College of Nursing in a sufficient amount to support fifty
additional Nurse Practitioner graduates by fiscal year 2026 than the
baseline amount supported in fiscal year 2021; and
3. The nonprofit entity subject to these provisions has
increased funding to the University of Oklahoma Health Sciences
Center College of Nursing in a sufficient amount to support one
hundred ten additional Registered Nurse graduates by fiscal year
2024 than the baseline amount supported in fiscal year 2021.
Added by Laws 2021, c. 556, § 1, eff. Nov. 1, 2021.
§63-3240.1. Short title.
This act shall be known and may be cited as the “Community
Hospitals Authority Act”.
Added by Laws 2002, c. 374, § 3, eff. July 1, 2002.
§63-3240.2. Definitions.
As used in the Community Hospitals Authority Act:
1. “Authority” means the Community Hospitals Authority;
2. “Health care system” means a system providing inpatient and
outpatient services that is not limited to a specific facility or
modality of care;
3. “Medically indigent” means a person requiring medically
necessary hospital or other health care services for the person or
the dependents of the person, who has insufficient or no public or
private third-party coverage and whose personal resources are
insufficient to provide for needed medical care; and
4. “Participating health care system” means a health care
system that has within it a major community hospital that expends at
least Five Million Dollars ($5,000,000.00) annually providing care
for medically indigent persons from a multicounty service area and
that is located in a municipality having a population of three
hundred seventy-five thousand (375,000) or more which does not have
a health care system statutorily charged with indigent care and
medical teaching or training responsibilities on the effective date
of the Community Hospitals Authority Act.
Added by Laws 2002, c. 374, § 4, eff. July 1, 2002. Amended by Laws
2003, c. 412, § 1, eff. Nov. 1, 2003.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1540
§63-3240.3. Community Hospitals Authority - Purpose, establishment
and duties - Indigent care services - Appropriation - Reimbursement.
A. The Oklahoma Legislature finds that care of medically
indigent persons and the needs of the Oklahoma State University
Center for Health Sciences and the University of Oklahoma College of
Medicine (Tulsa) will be enhanced through the establishment of the
Community Hospitals Authority. The purpose of the Community
Hospitals Authority is to provide maximum utilization and efficient
administration in order to deliver health care services to medically
indigent persons and to promote the teaching and training of
physicians.
B. The Community Hospitals Authority shall:
1. Support the missions of the Oklahoma State University Center
for Health Sciences and the University of Oklahoma College of
Medicine (Tulsa) with regard to:
a. teaching and training for medical students,
b. conducting medical and biomedical research, and
c. medical care for indigent and nonindigent populations;
2. Act as a vehicle for securing funding that is in addition to
existing state Medicaid Program appropriated funding for education
and indigent care and graduate medical education; provided, however,
under no circumstance shall funds secured pursuant to this provision
be used to supplant such existing state Medicaid Program
appropriated funding; and
3. Coordinate the delivery and efficiency of medical service
across Northeast Oklahoma including, but not limited to, all
counties located totally or partly in the Tulsa Metropolitan Area.
C. The Authority may contract for indigent care services with
participating health care systems.
D. In the event the Legislature enacts a statewide program to
reimburse hospitals for the cost, or a portion thereof, of providing
indigent health care, the Legislature shall ensure that such
reimbursement shall be made to all hospitals providing indigent care
within the state.
Added by Laws 2002, c. 374, § 5, eff. July 1, 2002. Amended by Laws
2003, c. 412, § 2, eff. Nov. 1, 2003; Laws 2005, c. 410, § 2, eff.
July 1, 2005.
§63-3240.4. Licensure of hospitals – Services and payment –
Teaching and training hospitals.
Hospitals within the participating health care systems:
1. Shall be licensed by the State Commissioner of Health and
shall meet the standards, requirements and essentials of the Joint
Commission of Accreditation of Health Care Organizations and the
American Osteopathic Association. Provided, the State Commissioner
Oklahoma Statutes - Title 63. Public Health and Safety Page 1541
of Health may waive any such standards, requirements and essentials
as the Commissioner deems necessary;
2. May provide services and receive payments therefor under
Title XVIII and XIX of the federal Social Security Act, and may
participate in other federal medical programs;
3. Shall be available as teaching and training hospitals for
Oklahoma State University College of Osteopathic Medicine and the
University of Oklahoma College of Medicine (Tulsa), and other health
and educational facilities, and shall provide indigent patient care
consistent with their past policies and performance; and
4. Shall not be covered by The Governmental Tort Claims Act,
and their employees, agents, independent contractors and employees
of independent contractors shall not be covered by The Governmental
Tort Claims Act.
Added by Laws 2002, c. 374, § 6, eff. July 1, 2002.
§63-3240.5. Composition of agency – Terms – Reimbursement - Quorum.
A. There is hereby created the Community Hospitals Authority,
an agency of the State of Oklahoma, a body corporate and politic,
with powers of government and with the authority to exercise the
rights, privileges and functions as specified in the Community
Hospitals Authority Act.
B. The Authority shall be composed as follows:
1. The presidents of Oklahoma State University and the
University of Oklahoma or their designees;
2. One member appointed by the Governor who shall be a citizen
and resident of a metropolitan area meeting the criteria provided in
paragraph 4 of Section 3240.2 of this title who has no direct
affiliation with a participating health care system or a university
listed in paragraph 1 of this subsection;
3. One member appointed by the Speaker of the House of
Representatives;
4. One member appointed by the President Pro Tempore of the
State Senate;
5. The Director of the Oklahoma Health Care Authority; and
6. One representative from each of the three participating
health care systems, as defined in Section 3240.2 of this title, who
shall each serve terms of three (3) years and may be reappointed;
7. One representative from the Oklahoma Department of Commerce
designated as the Community Action Agency for the largest county in
terms of population included within the geographic boundaries of the
Community Hospitals Authority;
8. One representative from the chamber of commerce, or any
other organization of business entities, from the largest
metropolitan area in terms of population included within the
geographic boundaries of the Community Hospitals Authority;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1542
9. One representative appointed by the existing members of the
Authority from a city-county health department; and
10. One representative appointed by the existing members of the
Authority from a charitable or philanthropic foundation with assets
in excess of Five Hundred Million Dollars ($500,000,000.00) that has
demonstrated a commitment to supporting the missions of the
Community Hospitals Authority.
C. The members appointed by the Governor, the Speaker of the
House of Representatives and the President Pro Tempore of the State
Senate shall serve terms of three (3) years and may be reappointed.
Successors shall be appointed for terms of three (3) years.
D. Each member of the Authority, prior to appointment, shall be
a resident of the state and a registered voter.
E. The members of the Authority shall serve without
compensation but may be reimbursed for all actual and necessary
travel expenses incurred in the performance of their duties in
accordance with the provisions of the State Travel Reimbursement
Act.
F. A quorum of the Authority shall be a majority of the voting
members. The members of the Authority shall annually elect a chair
from among its membership.
Added by Laws 2002, c. 374, § 7, eff. July 1, 2002. Amended by Laws
2003, c. 412, § 3, eff. Nov. 1, 2003; Laws 2006, c. 315, § 14,
emerg. eff. June 9, 2006.
§63-3240.6. Powers and duties.
A. The Community Hospitals Authority shall have the power and
duty to:
1. Adopt bylaws and promulgate rules for the regulation of its
affairs and the conduct of its business;
2. Adopt an official seal;
3. Maintain an office in one of the participating hospitals for
the Community Hospitals Authority at no cost to the Authority;
4. Sue and be sued;
5. Make and enter into all contracts necessary or incidental to
the performance of its duties and the execution of its powers
pursuant to the Community Hospitals Authority Act;
6. Purchase or lease equipment, furniture, materials and
supplies, and incur such other expenses as may be necessary to
discharge its duties and responsibilities or to make any of its
powers effective;
7. Accept any and all grants from persons and from the United
States of America, or from any corporation or agency created or
designed by the United States of America, and, in connection with
any such grant, to enter into such agreements as the United States
of America or such corporation or agency may require;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1543
8. Accept grants and gifts from private individuals and
organizations;
9. Provide for complete financial audits on all accounts of the
Community Hospitals Authority and to authorize periodic audits by an
independent external auditing agency. Such audits shall be
performed annually in a format approved by the State Auditor and
Inspector, and all such audits shall be submitted to the State
Auditor and Inspector for review. Such audits shall be made in
accordance with generally accepted auditing standards and government
auditing standards. Financial statements shall be prepared in
accordance with generally accepted accounting principles. In
addition to the audits, the State Auditor and Inspector, whenever
the State Auditor deems it appropriate, and at least once each five
(5) years, or upon receipt of a request to do so from the Governor,
the Attorney General, the President Pro Tempore of the Senate, the
Speaker of the House of Representatives or the Authority shall
conduct a special audit of the Authority;
10. Engage in long-term planning for the operation and
management of the Community Hospitals Authority;
11. Establish petty cash funds and provide for appropriate
accounting procedures and controls; and
12. Do all other things necessary and proper to implement the
provisions of the Community Hospitals Authority Act.
B. The Community Hospitals Authority shall be subject to the
Oklahoma Budget Law of 1947.
C. The Authority shall prepare monthly a "budget vs. actual"
report which shows by budget activity the monthly and year-to-date
revenues and expenditures compared to budgeted revenues and
expenditures. Such report shall be submitted to the Office of
Management and Enterprise Services and to the directors of the
Fiscal Divisions of the State Senate and the Oklahoma House of
Representatives.
D. The Authority shall be subject to the professional risk
management program provided for in Section 85.58A of Title 74 of the
Oklahoma Statutes.
E. The Authority shall be and is prohibited from issuing bonds
or other evidences of indebtedness.
F. The Authority shall be and is prohibited from acquiring any
real property.
Added by Laws 2002, c. 374, § 8, eff. July 1, 2002. Amended by Laws
2003, c. 412, § 4, eff. Nov. 1, 2003; Laws 2012, c. 304, § 519.
§63-3240.7. Annual report.
The Community Hospitals Authority shall submit an annual report
to the Governor, the President Pro Tempore of the Senate and the
Speaker of the House of Representatives. Such report shall be
submitted in accordance with the requirements for financial
Oklahoma Statutes - Title 63. Public Health and Safety Page 1544
statement audits in Section 212A of Title 74 of the Oklahoma
Statutes, and shall include an account of the operations and actions
of the Authority and an accounting of all revenue received and
disbursed by the Authority for the previous fiscal year. The report
shall include an accounting of expenses related to the care and
treatment of indigent persons for whom the Authority receives any
form of state or federal reimbursement.
Added by Laws 2002, c. 374, § 9, eff. July 1, 2002.
§63-3240.8. Community Hospitals Authority Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Community Hospitals Authority to be designated the
“Community Hospitals Authority Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of monies available to the Authority. All monies accruing
to the credit of the fund are hereby appropriated and may be
budgeted and expended by the Community Hospitals Authority as
authorized by law. The Authority shall ensure that all monies
deposited into the fund are matched with federal dollars whenever
possible.
Added by Laws 2002, c. 374, § 10, eff. July 1, 2002.
§63-3241.1. Supplemental Hospital Offset Payment Program Act.
This act shall be known and may be cited as the "Supplemental
Hospital Offset Payment Program Act".
Added by Laws 2011, c. 228, § 1.
§63-3241.2. Definitions.
As used in the Supplemental Hospital Offset Payment Program Act:
1. "Authority" means the Oklahoma Health Care Authority;
2. "Base year" means a hospital's fiscal year as reported in
the Medicare Cost Report or as determined by the Authority if the
hospital's data is not included in the Medicare Cost Report. The
base year data shall be used in all assessment calculations;
3. "Contracted entity" has the same meaning as provided by
Section 2 of Enrolled Senate Bill No. 1337 of the 2nd Session of the
58th Oklahoma Legislature;
4. "Directed payments" means payment arrangements allowed under
42 C.F.R. Section 438.6(c) that permit states to direct specific
payments made by managed care plans to providers under certain
circumstances and can assist states in furthering the goals and
priorities of their Medicaid programs;
5. "Eligible hospital" means a hospital physically located in
this state that is eligible to participate in the Supplemental
Hospital Offset Payment Program and not otherwise exempt pursuant to
subsection B of Section 3241.3 of this title;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1545
6. "Hospital" means an institution licensed by the State
Department of Health as a hospital pursuant to Section 1-701 of this
title maintained primarily for the diagnosis, treatment, or care of
patients;
7. "Hospital Advisory Committee" or "Committee" means the
Committee established to advise the Oklahoma Health Care Authority
regarding the design and implementation of the Supplemental Hospital
Offset Payment Program. The Committee shall be composed of five (5)
members chosen from a list of recommendations submitted by a
statewide association representing rural and urban hospitals, as
follows:
a. one member, appointed by the Governor, who shall serve
as chair, and
b. two members appointed each by the President Pro
Tempore of the Senate and the Speaker of the House of
Representatives.
The Committee shall meet no less than annually and shall be
consulted by the Authority at least thirty (30) days prior to
submission of any proposed state plan amendment or proposed directed
payment application and prior to adoption of any administrative rule
that may affect either the assessments or hospital access payments
authorized by this act;
8. "Managed care gap" means the difference between:
a. the maximum amount that can be paid for hospital
inpatient and outpatient services to Medicaid managed
care enrollees, and
b. the total amount of Medicaid managed care base rate
claims payments for hospital inpatient and outpatient
services.
In calculating the managed care gap, the Authority shall use a
ninety percent (90%) average commercial rates benchmark for
determining the maximum amount that will be paid for hospital
inpatient and outpatient services, subject to approval by the
federal Centers for Medicare and Medicaid Services. The Authority
may make the calculation in this paragraph using good-faith
reasonable estimates if complete data does not exist or is not
available;
9. "Medicaid" means the medical assistance program established
in Title XIX of the federal Social Security Act and administered in
this state by the Oklahoma Health Care Authority;
10. "Medicare Cost Report" means the Hospital Cost Report, Form
CMS-2552-10, or subsequent versions;
11. "Net hospital patient revenue" means the gross hospital
revenue as reported on Worksheet G-2 (Columns 1 and 2, Lines "Total
inpatient routine care services", "Ancillary services", and
"Outpatient services") of the Medicare Cost Report, multiplied by
the hospital's ratio of total net to gross revenue, as reported on
Oklahoma Statutes - Title 63. Public Health and Safety Page 1546
Worksheet G-3 (Column 1, Line "Net patient revenues") and Worksheet
G-2 (Part I, Column 3, Line "Total patient revenues");
12. "Upper payment limit" means the maximum ceiling imposed by
42 C.F.R., Sections 447.272 and 447.321 on hospital Medicaid fee-
for-service reimbursements for inpatient and outpatient services,
other than to hospitals owned or operated by state government; and
13. "Upper payment limit gap" means the difference between the
upper payment limit and Medicaid fee-for-service payments made to
all hospitals for hospital inpatient and outpatient services, other
than hospitals owned or operated by state government.
Added by Laws 2011, c. 228, § 2. Amended by Laws 2013, c. 132, § 1,
eff. Nov. 1, 2013; Laws 2016, c. 345, § 1, eff. Nov. 1, 2016; Laws
2019, c. 56, § 1, eff. Nov. 1, 2019; Laws 2021, c. 518, § 1; Laws
2022, c. 398, § 1, eff. July 1, 2022.
§63-3241.3. Hospital assessment - Exceptions - Fees - Promulgation
of rules.
A. For the purpose of assuring access to quality care for
Oklahoma Medicaid consumers, the Oklahoma Health Care Authority,
after considering input and recommendations from the Hospital
Advisory Committee, shall assess hospitals licensed in Oklahoma,
unless exempt under subsection B of this section, a supplemental
hospital offset payment program fee.
B. The following hospitals shall be exempt from the
supplemental hospital offset payment program fee:
1. A hospital that is owned or operated by the state or a state
agency, the federal government, a federally recognized Indian tribe,
or the Indian Health Service;
2. A hospital that provides more than fifty percent (50%) of
its inpatient days under a contract with a state agency other than
the Authority;
3. A hospital for which the majority of its inpatient days are
for any one of the following services, as determined by the
Authority using the Inpatient Discharge Data File published by the
State Department of Health, or in the case of a hospital not
included in the Inpatient Discharge Data File, using substantially
equivalent data provided by the hospital:
a. treatment of a neurological injury,
b. treatment of cancer,
c. treatment of cardiovascular disease,
d. obstetrical or childbirth services, and
e. surgical care, except that this exemption shall not
apply to any hospital located in a city of less than
five hundred thousand (500,000) population and for
which the majority of inpatient days are for back,
neck, or spine surgery;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1547
4. A hospital that is certified by the federal Centers for
Medicare and Medicaid Services as a long-term acute care hospital or
as a children's hospital; and
5. A hospital that is certified by the federal Centers for
Medicare and Medicaid Services as a critical access hospital.
C. The supplemental hospital offset payment program fee shall
be an assessment imposed on each eligible hospital, except those
exempted under subsection B of this section, for each calendar year
in an amount calculated as a percentage of each eligible hospital's
net hospital patient revenue.
1. Funds generated by the supplemental hospital offset payment
program fee shall be disbursed for the following purposes in the
following priority order:
a. One Hundred Thirty Million Dollars ($130,000,000.00)
to be transferred annually to the Medical Payments
Cash Management Improvement Act Programs Disbursing
Fund to fund the state Medicaid program,
b. the nonfederal share of:
(1) the upper payment limit gap,
(2) the managed care gap,
(3) the managed care provider incentive pool to
support health care quality assurance and access
improvement initiatives, with the pool amount
determined by the representative sharing ratio of
provider and hospital participation in Medicaid.
Provider eligibility shall be determined by the
Authority. For purposes of this division,
eligible providers shall not include those
employed by or contracted with, or otherwise a
member of, the faculty practice plan of either:
(a) a public, accredited Oklahoma medical
school, or
(b) a hospital or health care entity directly or
indirectly owned or operated by the entities
created pursuant to Section 3224 or 3290 of
this title,
(4) the annual fee to be paid to the Authority under
subparagraph c of paragraph 1 of subsection G of
Section 3241.4 of this title, and
(5) Thirty Million Dollars ($30,000,000.00) annually
to be transferred by the Authority to the Medical
Payments Cash Management Improvement Act Programs
Disbursing Fund under subsection C of Section
3241.4 of this title.
If the nonfederal share generated by the supplemental
hospital offset payment program fee is not sufficient
to fully fund the disbursements described in divisions
Oklahoma Statutes - Title 63. Public Health and Safety Page 1548
1 through 5 of this subparagraph, the funds directed
toward such disbursements shall be reduced
proportionally, and
c. any remaining funds shall be deposited into the
Medicaid Health Improvement Revolving Fund created in
Section 23 of Enrolled Senate Bill No. 1337 of the 2nd
Session of the 58th Oklahoma Legislature.
2. The assessment rate until December 31, 2012, shall be fixed
at two and one-half percent (2.5%). For the calendar year ending
December 31, 2022, the assessment rate shall be fixed at three
percent (3%). For the calendar year ending December 31, 2023, the
assessment rate shall be fixed at three and one-half percent (3.5%).
For the calendar year ending December 31, 2024 and for all
subsequent calendar years, the assessment rate shall be fixed at
four percent (4%).
3. Net hospital patient revenue shall be determined using the
data from each eligible hospital's Medicare Cost Report contained in
the federal Centers for Medicare and Medicaid Services' Healthcare
Cost Report Information System file.
a. Through 2013, the base year for assessment shall be
the eligible hospital's fiscal year that ended in
2009, as contained in the Healthcare Cost Report
Information System file dated December 31, 2010.
b. For years after 2013, the base year for assessment
shall be determined by rules established by the
Oklahoma Health Care Authority Board and beginning
January 1, 2022, the base year for assessment shall be
determined annually.
4. If an eligible hospital's applicable Medicare Cost Report is
not contained in the federal Centers for Medicare and Medicaid
Services' Healthcare Cost Report Information System file, the
eligible hospital shall submit a copy of its applicable Medicare
Cost Report to the Authority in order to allow the Authority to
determine the eligible hospital's net hospital patient revenue for
the base year.
5. If an eligible hospital commenced operations after the due
date for a Medicare Cost Report, the eligible hospital shall submit
its initial Medicare Cost Report to the Authority in order to allow
the Authority to determine the hospital's net patient revenue for
the base year.
6. Partial year reports may be prorated for an annual basis.
7. In the event that an eligible hospital does not file a
uniform cost report under 42 U.S.C., Section 1396a(a)(40), the
Authority shall establish a uniform cost report for such facility
subject to the Supplemental Hospital Offset Payment Program provided
for in this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1549
8. The Authority shall review which hospitals are eligible to
participate in the Supplemental Hospital Offset Payment Program
provided for in this subsection and which hospitals are exempted
pursuant to subsection B of this section. Such review shall occur
at a fixed period of time. This review and decision shall occur
within twenty (20) days of the time of federal approval and annually
thereafter in November of each year.
9. The Authority shall review and determine the amount of the
annual assessment. Such review and determination shall occur within
the twenty (20) days of federal approval and annually thereafter in
November of each year.
D. An eligible hospital may not charge any patient for any
portion of the supplemental hospital offset payment program fee.
E. Closure, merger and new hospitals.
1. If an eligible hospital ceases to be an eligible hospital
for any reason, the assessment for the year in which the cessation
occurs shall be adjusted by multiplying the annual assessment by a
fraction, the numerator of which is the number of days in the year
during which the hospital is subject to the assessment and the
denominator of which is 365. Immediately upon ceasing to be an
eligible hospital, the hospital shall pay the assessment for the
year as adjusted, to the extent not previously paid.
2. In the case of an eligible hospital that did not operate as
a hospital throughout the base year, its assessment and any
potential receipt of a hospital access payment will commence in
accordance with rules for implementation and enforcement promulgated
by the Oklahoma Health Care Authority Board, after consideration of
the input and recommendations of the Hospital Advisory Committee.
F. 1. In the event that federal financial participation
pursuant to Title XIX of the Social Security Act is not available to
the Oklahoma Medicaid program for purposes of matching expenditures
from the Supplemental Hospital Offset Payment Program Fund at the
approved federal medical assistance percentage for the applicable
year for one or more of the purposes identified in division 1, 2, or
3 of subparagraph b of paragraph 1 of subsection C of this section,
the portion of the supplemental hospital offset payment program fee
attributable to any such purpose for which matching expenditures are
unavailable shall be null and void as of the date of the
nonavailability of such federal funding through and during any
period of nonavailability.
2. In the event of an invalidation of the Supplemental Hospital
Offset Payment Program Act by any court of last resort, the
supplemental hospital offset payment program fee shall be null and
void as of the effective date of that invalidation.
3. In the event that the supplemental hospital offset payment
program fee is determined to be null and void for any of the reasons
enumerated in this subsection, any supplemental hospital offset
Oklahoma Statutes - Title 63. Public Health and Safety Page 1550
payment program fee assessed and collected for any period after such
invalidation shall be returned in full within twenty (20) days by
the Authority to the eligible hospital from which it was collected.
G. The Oklahoma Health Care Authority Board, after considering
the input and recommendations of the Hospital Advisory Committee,
shall promulgate rules for the implementation and enforcement of the
supplemental hospital offset payment program fee. Unless otherwise
provided, the rules adopted under this subsection shall not grant
any exceptions to or exemptions from the hospital assessment imposed
under this section.
H. The Authority shall provide for administrative penalties in
the event a hospital fails to:
1. Submit the supplemental hospital offset payment program fee
in a timely manner; or
2. Submit reports as required by this section in a timely
manner.
I. The Oklahoma Health Care Authority Board shall have the
power to promulgate emergency rules to implement the provisions of
the Supplemental Hospital Offset Payment Program Act.
Added by Laws 2011, c. 228, § 3. Amended by Laws 2013, c. 132, § 2,
eff. Nov. 1, 2013; Laws 2016, c. 345, § 2, eff. Nov. 1, 2016; Laws
2019, c. 56, § 2, eff. Nov. 1, 2019; Laws 2021, c. 518, § 2; Laws
2022, c. 398, § 2, eff. July 1, 2022.
§63-3241.4. Supplemental Hospital Offset Payment Program Fund.
A. There is hereby created in the State Treasury a revolving
fund to be designated the "Supplemental Hospital Offset Payment
Program Fund".
B. The fund shall be a continuing fund, not subject to fiscal
year limitations, be interest bearing and consisting of:
1. All monies received by the Oklahoma Health Care Authority
from eligible hospitals pursuant to the Supplemental Hospital Offset
Payment Program Act and otherwise specified or authorized by law;
2. Any interest or penalties levied and collected in
conjunction with the administration of this section; and
3. All interest attributable to investment of money in the
fund.
C. The Oklahoma Health Care Authority is authorized to transfer
each fiscal quarter from the Supplemental Hospital Offset Payment
Program Fund to the Authority's Medical Payments Cash Management
Improvement Act Programs Disbursing Fund all funds remaining after
accounting for the provisions of subparagraphs a and b of paragraph
1 of subsection C of Section 3241.3 of this title.
D. Notice of Assessment.
1. The Authority shall send an annual notice of assessment to
each eligible hospital informing the hospital of the assessment
rate, the net hospital patient revenue calculation, and the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1551
assessment amount owed by the eligible hospital for the applicable
year.
2. The annual notice of assessment shall be sent to each
eligible hospital at least thirty (30) days before the due date for
the first quarterly assessment payment of each year.
3. The first notice of assessment shall be sent within forty-
five (45) days after receipt by the Authority of notification from
the federal Centers for Medicare and Medicaid Services that the
assessments and payments required under the Supplemental Hospital
Offset Payment Program Act and, if necessary, the waiver granted
under 42 C.F.R., Section 433.68 have been approved.
4. An eligible hospital shall have thirty (30) days from the
date of its receipt of an annual notice of assessment to notify the
Authority of any error in the notice.
5. An eligible hospital that has not been previously licensed
as a hospital in Oklahoma and that commences hospital operations
during a year shall pay the required assessment computed under
subsection E of Section 3241.3 of this title and shall be eligible
for hospital access payments under subsection E of this section on
the date specified in rules promulgated by the Oklahoma Health Care
Authority Board after consideration of input and recommendations of
the Hospital Advisory Committee.
E. Quarterly Notice and Collection.
1. The annual assessment imposed under subsections A and C of
Section 3241.3 of this title shall be due and payable on a quarterly
basis. However, the first quarterly payment of an annual assessment
shall not be due and payable until:
a. the Authority issues written notice stating that the
annual assessment and payment methodologies required
under the Supplemental Hospital Offset Payment Program
Act have been approved by the federal Centers for
Medicare and Medicaid Services and, if necessary, the
waiver under 42 C.F.R., Section 433.68 has been
granted by the federal Centers for Medicare and
Medicaid Services,
b. the thirty-day verification period required by
paragraph 4 of subsection D of this section has
expired, and
c. the Authority issues a notice of assessment giving a
due date for the first quarterly payment.
2. After the first quarterly payment of an annual assessment
has been paid under this section, each subsequent quarterly payment
shall be due and payable by the fifteenth day of the first month of
the applicable quarter.
3. If an eligible hospital fails to pay a quarterly payment
timely and in full, the eligible hospital shall pay the Authority:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1552
a. a penalty fee equal to five percent (5%) of the
eligible hospital's unpaid quarterly payment, and
b. if the quarterly payment and penalty fee are not paid
in full by the end of the quarter, an additional
penalty fee of five percent (5%) of the eligible
hospital's unpaid quarterly payment.
4. The quarterly payment including applicable penalty fees must
be paid regardless of any administrative review requested by the
eligible hospital. If an eligible hospital fails to pay the
Authority the assessment within the time frames noted on the invoice
to the eligible hospital, the assessment, applicable penalty fees,
and interest will be deducted from the facility's payment. Any
change in payment amount resulting from an appeals decision will be
adjusted in future payments.
F. Medicaid Hospital Access Payments.
1. To preserve the quality and improve access to hospital
inpatient and outpatient services, the Authority shall make hospital
access payments to eligible hospitals and critical access hospitals
to supplement reimbursements for inpatient and outpatient services
that are provided through Medicaid on both a fee-for-service and
managed care basis.
2. On an annual basis prior to the start of each calendar year,
the Authority shall determine:
a. the upper payment limit gap for inpatient services
payable on a Medicaid fee-for-service basis for all
hospitals,
b. the upper payment limit gap for outpatient services
payable on a Medicaid fee-for-service basis for all
hospitals,
c. the managed care gap for inpatient services payable
through Medicaid managed care for all hospitals, and
d. the managed care gap for outpatient services payable
through Medicaid managed care for all hospitals.
3. In accordance with subsection C of Section 3241.3 of this
title, the Authority shall use assessment fees for the purposes of
accessing federal matching funds to make hospital access payments to
eligible hospitals and the critical access hospitals described in
paragraph 5 of subsection B of Section 3241.3 of this title.
Hospital access payments shall be made through supplemental payment
arrangements for services provided on a Medicaid fee-for-service
basis and through directed payment arrangements for services
provided on a Medicaid managed care basis, as approved by the
federal Centers for Medicare and Medicaid Services.
4. Hospital access payments shall be determined annually and
paid quarterly from the following funding pools:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1553
a. a hospital inpatient fee-for-service payment pool
established from funds derived from the upper payment
limit gap for inpatient services,
b. a hospital inpatient managed care payment pool
established from funds derived from the managed care
gap for inpatient services,
c. a hospital outpatient fee-for-service payment pool
established from funds derived from the upper payment
limit gap for outpatient services,
d. a hospital outpatient managed care payment pool
established from funds derived from the managed care
gap for outpatient services, and
e. (1) A critical access hospital payment pool
established from funds transferred from each pool
established in subparagraphs a through d of this
paragraph.
(2) Prior to the start of each calendar year, the
Authority shall determine an estimated amount
that each critical access hospital may be
entitled to receive for providing Medicaid
services, not to exceed that critical access
hospital's billed charges.
(3) The Authority shall fund the critical access
hospital payment pool in an amount equal to the
total estimated amount that all critical access
hospitals may be entitled to receive for
providing Medicaid services, as calculated in
division 2 of this subparagraph.
(4) The Authority shall consult with the Committee
regarding the calculations in divisions 2 and 3
of this subparagraph.
(5) The Authority shall fully fund the critical
access hospital payment pool prior to issuing any
payment from the pools established in
subparagraphs a through d of this paragraph.
5. In addition to any other funds paid to eligible hospitals
for inpatient hospital services to Medicaid patients, each eligible
hospital shall receive hospital access payments each quarter from
the hospital inpatient fee-for-service payment pool and the hospital
inpatient managed care payment pool in accordance with the following
methodologies:
a. the amount an eligible hospital shall receive from the
hospital inpatient fee-for-service payment pool shall
be the eligible hospital's pro rata share of the
hospital inpatient fee-for-service payment pool
calculated as the eligible hospital's total fee-for-
service Medicaid payments for inpatient services
Oklahoma Statutes - Title 63. Public Health and Safety Page 1554
divided by the total Medicaid fee-for-service payments
for inpatient services of all eligible hospitals.
Each quarterly payment from the hospital inpatient
fee-for-service payment pool shall be paid to the
eligible hospital through a supplemental payment.
Prior to the start of a calendar year, the Authority
shall consult with the Committee to minimize potential
payment disparities to protect access to rural and
independent hospitals, and
b. an eligible hospital shall receive from the hospital
inpatient managed care payment pool a per-discharge
uniform add-on amount to be applied to each eligible
hospital's Medicaid managed care discharges for that
calendar year. The per-discharge uniform add-on
amount shall be calculated by dividing the managed
care gap by total managed care inpatient discharges at
eligible hospitals contained in the data used to
calculate the managed care gap. To assure timely
payment, the Authority may make the calculation in
this subparagraph using good-faith reasonable
estimates if complete data does not exist or is not
available. Each quarterly payment from the hospital
inpatient managed care payment pool shall be paid to
the eligible hospital through a directed payment.
6. In addition to any other funds paid to eligible hospitals
for outpatient hospital services to Medicaid patients, each eligible
hospital shall receive hospital access payments each quarter from
the hospital outpatient fee-for-service payment pool and the
hospital outpatient managed care payment pool in accordance with the
following methodologies:
a. the amount an eligible hospital shall receive from the
hospital outpatient fee-for-service payment pool shall
be the eligible hospital's pro rata share of the
hospital's outpatient fee-for-service payment pool
calculated as the eligible hospital's total fee-for-
service Medicaid payments for outpatient services
divided by the total Medicaid fee-for-service payments
for outpatient services of all eligible hospitals.
Each quarterly payment from the hospital outpatient
fee-for-service payment pool shall be paid to the
eligible hospital through a supplemental payment, and
b. an eligible hospital shall receive from the hospital
outpatient managed care payment pool a uniform
percentage add-on amount to be applied to the base
rate claims payments for hospital outpatient Medicaid
managed care encounters at eligible hospitals for that
calendar year. The uniform percentage add-on amount
Oklahoma Statutes - Title 63. Public Health and Safety Page 1555
shall be calculated by dividing the managed care gap
by total managed care base rate claims payments for
eligible hospitals within the data used to calculate
the managed care gap. To assure timely payment, the
Authority may make the calculation in this
subparagraph using good-faith reasonable estimates if
complete data does not exist or is not available.
Each quarterly payment from the hospital outpatient
managed care payment pool shall be paid to the
eligible hospital through a directed payment.
7. In addition to any other funds paid to critical access
hospitals for inpatient and outpatient hospital services to Medicaid
patients, each critical access hospital physically located in this
state shall receive hospital access payments each quarter from the
critical access hospital payment pool as follows:
a. each calendar year, a critical access hospital shall
receive from the critical hospital payment pool
quarterly amounts that shall total the estimated
amount the Authority calculated, not to exceed billed
charges, for that critical access hospital in
accordance with paragraph 4 of this subsection,
b. the quarterly hospital access payments made to each
critical access hospital shall be through supplemental
payments and directed payments in such proportions as
necessary for the Authority to make the total hospital
access payments to each critical access hospital in
accordance with subparagraph a of this paragraph, and
c. in the event Medicaid managed care is not implemented
on a statewide basis, the Authority shall make
supplemental payments to critical access hospitals to
achieve one hundred one percent (101%) of Medicare's
critical access hospitals' costs and a directed
payment shall not be made.
8. The Authority shall pay each quarterly hospital access
payment referenced in paragraph 4 of this subsection within fourteen
(14) calendar days of the date on which each quarterly payment of an
annual assessment is due as required in subsection E of this
section.
9. In processing directed payments through contracted entities,
the following requirements shall apply:
a. the Authority shall provide each contracted entity
with a listing of the hospital access payments to be
paid by each contracted entity to each eligible
hospital and critical access hospital in accordance
with this subsection,
b. a contracted entity shall pay hospital access payments
to eligible hospitals and critical access hospitals
Oklahoma Statutes - Title 63. Public Health and Safety Page 1556
within five (5) business days of receiving a
supplemental capitation payment from the Authority,
c. a contracted entity is prohibited from withholding or
delaying the payment of a hospital access payment for
any reason, and
d. the Authority shall utilize administrative discretion
regarding the mechanisms of payment that may be
necessary to assure that each eligible hospital and
critical access hospital receives full payment of all
hospital access payments to which it is entitled
pursuant to this subsection.
10. A hospital access payment shall not be used to offset any
other payment for hospital inpatient or outpatient services to
Medicaid beneficiaries including without limitation any fee-for-
service, managed care, per diem, private hospital inpatient
adjustment, or cost-settlement payment.
11. Notwithstanding any other provision of law to the contrary:
a. the supplemental payment programs in this section
shall not be implemented if federal financial
participation is not available or if the provider
assessment waiver is not approved,
b. an eligible hospital's obligation to pay the portion
of the assessment attributable to the nonfederal share
of the upper payment limit gap and the nonfederal
share of the managed care gap as required by Section
3241.3 of this title and this section shall be reduced
in the event the federal Centers for Medicare and
Medicaid Services determines that federal financial
participation is not available to make hospital access
payments in accordance with this section. The
assessment on eligible hospitals shall be reduced to a
percentage that permits the Authority to obtain from
eligible hospitals an amount of nonfederal matching
funds for which federal financial participation is
available to implement any portion of hospital access
payments that the federal Centers for Medicare and
Medicaid Services approves, and
c. any assessments received by the Authority that cannot
be matched with federal funds shall be returned pro
rata to the eligible hospitals that paid the
assessments.
12. If the federal Centers for Medicare and Medicaid Services
disallows any hospital access payments made pursuant to this section
on the basis that such payments exceed the maximum allowable under
federal law, each hospital receiving such disallowed payments shall
refund to the Authority an amount equal to that hospital's pro rata
share of the recouped federal funds that is proportionate to the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1557
hospital's positive contribution to the disallowed payment. The
refund shall be required only if the disallowance is considered
final and all appeals have been exhausted.
G. All monies accruing to the credit of the Supplemental
Hospital Offset Payment Program Fund are hereby appropriated and
shall be budgeted and expended by the Authority after consideration
of the input and recommendation of the Hospital Advisory Committee.
1. Monies in the Supplemental Hospital Offset Payment Program
Fund shall be used for:
a. transfers to the Medical Payments Cash Management
Improvement Act Programs Disbursing Fund for the state
share of supplemental or directed payments or both for
Medicaid and SCHIP inpatient and outpatient services
to hospitals that participate in the assessment,
b. transfers to the Medical Payments Cash Management
Improvement Act Programs Disbursing Fund for the state
share of supplemental or directed payments or both for
critical access hospitals,
c. transfers to the Administrative Revolving Fund for the
state share of payment of administrative expenses
incurred by the Authority or its agents and employees
in performing the activities authorized by the
Supplemental Hospital Offset Payment Program Act but
not more than Two Hundred Thousand Dollars
($200,000.00) each year,
d. transfers to the Medical Payments Cash Management
Improvement Act Programs Disbursing Fund each fiscal
quarter in accordance with subsection C of Section
3241.3 of this title, and
e. the reimbursement of monies collected by the Authority
from hospitals through error or mistake in performing
the activities authorized under the Supplemental
Hospital Offset Payment Program Act.
2. The Authority shall pay from the Supplemental Hospital
Offset Payment Program Fund quarterly installment payments to
hospitals as set forth in this section.
3. Monies in the Supplemental Hospital Offset Payment Program
Fund shall not be used to replace other general revenues
appropriated and funded by the Legislature or other revenues used to
support Medicaid.
4. The Supplemental Hospital Offset Payment Program Fund and
the program specified in the Supplemental Hospital Offset Payment
Program Act are exempt from budgetary reductions or eliminations
caused by the lack of general revenue funds or other funds
designated for or appropriated to the Authority.
5. No hospital shall be guaranteed, expressly or otherwise,
that any additional costs reimbursed to the facility will equal or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1558
exceed the amount of the supplemental hospital offset payment
program fee paid by the hospital.
H. After considering input and recommendations from the
Hospital Advisory Committee, the Oklahoma Health Care Authority
Board shall promulgate rules that:
1. Allow for an appeal of the annual assessment of the
Supplemental Hospital Offset Payment Program payable under the
Supplemental Hospital Offset Payment Program Act; and
2. Allow for an appeal of an assessment of any fees or
penalties determined.
Added by Laws 2011, c. 228, § 4. Amended by Laws 2013, c. 132, § 3,
eff. Nov. 1, 2013; Laws 2016, c. 345, § 3, eff. Nov. 1, 2016; Laws
2021, c. 518, § 3; Laws 2022, c. 398, § 3, eff. July 1, 2022.
§63-3241.5. Supplemental hospital offset payment program.
A. The supplemental hospital offset payment program fee is to
supplement, not supplant, appropriations to support hospital
reimbursement. If Medicaid payment rates to providers are adjusted,
hospital rates shall not be adjusted less favorably than the average
percentage-rate reduction or increase applicable to the majority of
other provider groups.
B. Notwithstanding any other provision of the Supplemental
Hospital Offset Payment Program Act, if, after receipt of
authorization to receive federal matching funds for monies generated
by the Supplemental Hospital Offset Payment Program Act, the
authorization is withdrawn or changed so that federal matching funds
are no longer available, the Oklahoma Health Care Authority shall
cease collecting the provider fee and shall repay to the hospitals
any money received by the Supplemental Hospital Offset Payment
Program Fund that is not subject to federal matching funds.
Added by Laws 2011, c. 228, § 5.
§63-3241.6. Implementation of Supplemental Hospital Offset Payment
Program Act.
A. The Oklahoma Health Care Authority shall submit to the
Hospital Advisory Committee a proposed state plan amendment to
implement the requirements of the Supplemental Hospital Offset
Payment Program Act, including the payment of hospital access
payments under Section 4 of this act no later than forty-five (45)
days after the effective date of this act, and shall submit the
state plan amendment to the Centers for Medicare and Medicaid
Services after consideration of the input and recommendations of the
Hospital Advisory Committee.
B. If the state plan amendment is not approved by the Centers
for Medicare and Medicaid Services, the Authority shall:
1. Not implement the assessment imposed under the Supplemental
Hospital Offset Payment Program Act; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1559
2. Return any fees to hospitals that paid the fees if any such
fees have been collected.
Added by Laws 2011, c. 228, § 6.
§63-3241.11. Non-state government-owned nursing facilities and
hospitals defined.
For the purposes of a federal Medicaid supplemental payment
program for non-state government-owned nursing facilities and
hospitals, "non-state government-owned" means owned by a government
other than the state including but not limited to:
1. A board of control created by and charged by a board of
county commissioners with the management and control of a county
hospital as provided by Section 789 of Title 19 of the Oklahoma
Statutes;
2. A public trust or other organization that is created by a
county under Section 176 of Title 60 of the Oklahoma Statutes and is
under lease with a board of county commissioners for the operation
of a county hospital as provided by Section 789 of Title 19 of the
Oklahoma Statutes;
3. A municipal governing body that has established and
maintains a municipal hospital as provided by Section 30-101 of
Title 11 of the Oklahoma Statutes;
4. A board of control created by and charged by a municipal
governing body with the management and control of a municipal
hospital as provided by Section 30-102 of Title 11 of the Oklahoma
Statutes; and
5. Any municipal or governmental body other than the state
authorized to operate a health care facility including a hospital or
nursing facility.
Added by Laws 2022, c. 316, § 1, eff. July 1, 2022.
§63-3242. Supplemental Medicaid reimbursement for ground emergency
transportation.
A. An eligible provider, as described in subsection B of this
section, in addition to the rate of payment that the provider would
otherwise receive for Medicaid ground emergency medical
transportation services, shall receive supplemental Medicaid
reimbursement to the extent provided by law.
B. A provider shall be eligible for supplemental reimbursement
only if the provider meets the following conditions during the state
fiscal year:
1. Provides ground emergency medical transportation services to
Medicaid beneficiaries;
2. Is a provider that is enrolled as a Medicaid provider for
the period being claimed; and
3. Is owned or operated by the state, a political subdivision
or local government, that employs or contracts with persons who are
Oklahoma Statutes - Title 63. Public Health and Safety Page 1560
licensed to provide emergency medical services in this state, and
includes private entities to the extent permissible under federal
law.
C. An eligible provider’s supplemental reimbursement pursuant
to this section shall be calculated and paid as follows:
1. a. for services reimbursed through fee-for-service
contracts, the amount of federal financial
participation received because of the claims submitted
pursuant to paragraph 3 of subsection F of this
section, and
b. for services reimbursed through capitated contracts,
an amount to be determined in accordance with the
approved directed payment pre-print, based on claims
submitted pursuant to paragraph 3 of subsection F of
this section;
2. In no instance shall the amount certified pursuant to
paragraph 1 of subsection E of this section, when combined with the
amount received from all other sources of reimbursement from the
Medicaid program, exceed one hundred percent (100%) of actual costs,
as determined pursuant to the Medicaid state plan, for ground
emergency medical transportation services; and
3. The supplemental Medicaid reimbursement provided by this
section shall be distributed exclusively to eligible providers under
a payment methodology based on ground emergency medical
transportation services provided to Medicaid beneficiaries by
eligible providers on a per-transport basis or other federally
permissible basis. The Oklahoma Health Care Authority shall obtain
approval from the Centers for Medicare and Medicaid Services for the
payment methodology to be utilized, and shall not make any payment
pursuant to this section prior to obtaining that approval.
D. 1. It is the Legislature’s intent in enacting this section
to provide the supplemental reimbursement described in this section
without any expenditure from the state General Revenue Fund. An
eligible provider, as a condition of receiving supplemental
reimbursement pursuant to this section, shall enter into, and
maintain, an agreement with the Authority for the purposes of
implementing this section and reimbursing the state for the costs of
administering this section.
2. The nonfederal share of the supplemental reimbursement
submitted to the federal Centers for Medicare and Medicaid Services
for purposes of claiming federal financial participation shall be
paid only with funds from the governmental entities described in
paragraph 3 of subsection B of this section and certified to the
state as provided in subsection E of this section.
E. Participation in the reimbursement program provided by this
section by an eligible provider as set forth in subsection B of this
section is voluntary. If an applicable governmental entity elects
Oklahoma Statutes - Title 63. Public Health and Safety Page 1561
to seek supplemental reimbursement pursuant to this section on
behalf of an eligible provider, the governmental entity shall do the
following:
1. a. certify, in conformity with the requirements of 42
C.F.R., Section 433.51, that the claimed expenditures
for the ground emergency medical transportation
services are eligible for federal financial
participation,
b. provide evidence supporting the certification as
specified by the Oklahoma Health Care Authority,
c. submit data as specified by the Authority to determine
the appropriate amounts to claim as expenditures
qualifying for federal financial participation, and
d. keep, maintain, and have readily retrievable any
records specified by the Authority to fully disclose
reimbursement amounts to which the eligible provider
is entitled, and any other records required by the
Centers for Medicare and Medicaid Services; or
2. Enter into and maintain an intergovernmental agreement with
the Authority, as specified by the Authority.
F. 1. The Authority shall promptly seek any necessary federal
approvals for the implementation of this section. The Authority may
limit the program to those costs that are allowable expenditures
under Title XIX of the Social Security Act, 42 U.S.C., Section 1396
et seq. If federal approval is not obtained for implementation of
this section, this section shall not be implemented.
2. The Authority shall submit claims for federal financial
participation for the expenditures for the services delineated in
subsection E of this section that are allowable expenditures under
federal law.
3. The Authority shall submit any necessary materials to the
federal government to provide assurances that claims for federal
financial participation will include only those expenditures that
are allowable under federal law.
Added by Laws 2018, c. 269, § 1, eff. Nov. 1, 2018. Amended by Laws
2023, 1st Ex. Sess., c. 37, § 1, emerg. eff. June 2, 2023.
§63-3242.1. Short title - Ambulance Service Provider Access Payment
Program Act.
This act shall be known and may be cited as the "Ambulance
Service Provider Access Payment Program Act".
Added by Laws 2021, c. 540, § 1, eff. Nov. 1, 2021.
§63-3242.2. Definitions.
As used in the Ambulance Service Provider Access Payment Program
Act:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1562
1. "Air ambulance" means ambulance services provided by fixed
or rotor wing ambulance services;
2. "Alliance" means the Oklahoma Ambulance Alliance or its
successor association;
3. "Ambulance" means a motor vehicle that is primarily used or
designated as available to provide transportation and basic life
support or advanced life support;
4. "Ambulance service" or "ambulance service provider" means
any private firm or governmental agency which is or should be
licensed by the State Department of Health to provide levels of
medical care based on certification rules or standards promulgated
by the State Commissioner of Health;
5. "Department" means the State Department of Health;
6. "Emergency" or "emergent" means a serious situation or
occurrence that happens unexpectedly and demands immediate action,
such as a medical condition manifesting itself by acute symptoms of
sufficient severity including severe pain such that the absence of
immediate medical attention could reasonably be expected, by a
reasonable and prudent layperson, to result in placing the patient’s
health in serious jeopardy, serious impairment to bodily function or
serious dysfunction of any bodily organ or part;
7. "Emergency transport" means the movement of an acutely ill
or injured patient from the scene to a health care facility or the
movement of an acutely ill or injured patient from one health care
facility to another health care facility;
8. "Licensure" means the licensing of emergency ambulance
services pursuant to rules and standards promulgated by the State
Commissioner of Health;
9. "Net operating revenue" means the gross revenues earned for
providing emergency and nonemergency transports in Oklahoma
excluding revenues earned for providing air ambulance services and
amounts refunded to or recouped, offset or otherwise deducted by a
patient or payer for ground medical transportation;
10. "Nonemergency transport" means the movement of any patient
in an ambulance other than an emergency transport;
11. "Upper payment limit" means the lesser of the customary
charges of the ambulance service provider or the prevailing charges
in the locality of the ambulance service provider for comparable
services under comparable circumstances, calculated according to
methodology in an approved state plan amendment for the state
Medicaid program; and
12. "Upper payment limit gap" means the difference between the
upper payment limit of the ambulance service provider and the
Medicaid payments not financed using the ambulance service provider
assessments made to all ambulance service providers, provided that
the upper payment limit gap shall not include air ambulance
services.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1563
Added by Laws 2021, c. 540, § 2, eff. Nov. 1, 2021.
§63-3242.3. Access payment program fee.
A. For the purpose of assuring access to quality emergency and
nonemergency transports for state Medicaid beneficiaries, the
Oklahoma Health Care Authority shall, after considering input and
recommendations from the Oklahoma Ambulance Alliance, assess
ambulance service providers licensed in Oklahoma, unless exempt
under subsection B of this section, an ambulance service provider
access payment program fee.
B. The following ambulance services shall be exempt from the
ambulance service provider access payment fee:
1. An ambulance service that is owned or operated by the state
or a state agency, the federal government, a federally recognized
Indian tribe, or the Indian Health Service;
2. An ambulance service that is eligible for supplemental
Medicaid reimbursement under Section 3242 of Title 63 of the
Oklahoma Statutes;
3. An ambulance service that provides air ambulance services
only; or
4. An ambulance service that provides nonemergency transports
only or a de minimis amount of emergency medical transportation
services, as determined by the Authority.
C. 1. The ambulance service provider access payment program
fee shall be an assessment imposed on each ambulance service
provider, except those exempted under subsection B of this section,
for each calendar year in an amount calculated as a percentage of
each ambulance service provider's net operating revenue.
2. The assessment rate shall be determined annually based upon
the percentage of net operating revenue needed to generate an amount
up to the sum of:
a. the nonfederal portion of the upper payment limit gap
for all ambulance service providers eligible to
receive Medicaid ambulance service provider access
payments, plus
b. the annual fee to be paid to the Authority under
subparagraph b of paragraph 2 of subsection F of
Section 4 of this act, plus
c. the amount to be transferred by the Authority to the
Medical Payments Cash Management Improvement Act
Programs Disbursing Fund under subparagraph a of
paragraph 2 of subsection F of Section 4 of this act.
In no event shall the assessment rate exceed the maximum rate
allowed by federal law or regulation.
3. The assessment rate described in this subsection shall be
determined after consultation with the Alliance. The base year for
assessment, the method for calculating net operating revenue and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1564
related matters not provided for in this section shall be determined
by rules promulgated by the Oklahoma Health Care Authority Board.
D. 1. If an ambulance service provider conducts, operates or
maintains more than one licensed ambulance service, the ambulance
service provider shall pay the ambulance service provider access
payment program fee for each ambulance service separately. However,
if the ambulance service provider operates more than one ambulance
service under one Medicaid provider number, the ambulance service
provider may pay the fee for the ambulance services in the
aggregate.
2. Notwithstanding any other provision of this section, if an
ambulance service provider subject to the ambulance service provider
access payment fee operates or conducts business only for a portion
of a year, the assessment for the year shall be adjusted by
multiplying the annual assessment by a fraction, the numerator of
which is the number of days in the year during which the ambulance
service operates and the denominator of which is three hundred
sixty-five (365). Immediately upon ceasing to operate, the
ambulance service provider shall pay the assessment for the year as
so adjusted, to the extent not previously paid.
3. The Authority shall determine the assessment for new
ambulance services and ambulance services that undergo a change of
ownership, in accordance with this section, using the best available
information, as determined by the Authority.
E. 1. In the event that federal financial participation
pursuant to Title XIX of the Social Security Act is not available to
the state Medicaid program for purposes of matching expenditures
from the Ambulance Service Provider Access Payment Program Fund at
the approved federal medical assistance percentage for the
applicable year, the ambulance service provider access payment
program fee shall be null and void as of the date of the
nonavailability of such federal funding through and during any
period of nonavailability.
2. In the event of an invalidation of the Ambulance Service
Provider Access Payment Program by any court of last resort, the
program shall be null and void as of the effective date of that
invalidation.
3. In the event that the Ambulance Service Provider Access
Payment Program is determined to be null and void for any of the
reasons described in this subsection, any ambulance service provider
access payment program fee assessed and collected for any period to
which such invalidation applies shall be returned in full within
forty-five (45) days by the Authority to the ambulance service from
which it was collected.
F. The Oklahoma Health Care Authority Board, after considering
the input and recommendations of the Alliance, shall promulgate
rules for the implementation and enforcement of the ambulance
Oklahoma Statutes - Title 63. Public Health and Safety Page 1565
service provider access payment program fee. Unless otherwise
provided, the rules promulgated under this subsection shall not
grant any exceptions to or exemptions from the ambulance service
provider access payment program fee imposed under this section.
G. The Authority shall provide for administrative penalties in
the event an ambulance service provider fails to:
1. Submit the ambulance service provider access payment program
fee;
2. Submit the fee in a timely manner;
3. Submit reports as required by the Authority; or
4. Submit reports timely.
H. The Oklahoma Health Care Authority Board shall have the
power to promulgate emergency rules to implement the provisions of
the Ambulance Service Provider Access Payment Program Act.
Added by Laws 2021, c. 540, § 3, eff. Nov. 1, 2021.
§63-3242.4. Ambulance Service Provider Access Payment Program Fund.
A. There is hereby created in the State Treasury a revolving
fund to be designated the "Ambulance Service Provider Access Payment
Program Fund".
B. The fund shall be a continuing fund, not subject to fiscal
year limitations, be interest bearing and consist of:
1. All monies received by the Oklahoma Health Care Authority
from ambulance services pursuant to the Ambulance Service Provider
Access Payment Program Act and otherwise specified or authorized by
law;
2. Any interest or penalties levied and collected in
conjunction with the administration of this section; and
3. All interest attributable to investment of money in the
fund.
C. 1. The Authority shall send a notice of assessment to each
ambulance service provider informing the ambulance service provider
of the assessment rate, the ambulance service provider's net
operating revenue calculation, and the assessment amount owed by the
ambulance service provider for the applicable year.
2. Annual notices of assessment shall be sent at least thirty
(30) days before the due date for the first quarterly assessment
payment of each year.
3. The first notice of assessment shall be sent within forty-
five (45) days after receipt by the Authority of notification from
the Centers for Medicare and Medicaid Services that assessments and
payments required under the Ambulance Service Provider Access
Payment Program Act and, if necessary, the waiver granted under 42
C.F.R., Section 433.68 have been approved.
4. The ambulance service provider shall have thirty (30) days
from the date of its receipt of a notice of assessment to review and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1566
verify the assessment rate, the ambulance service provider's net
operating revenue calculation and the assessment amount.
D. 1. The annual assessment imposed under Section 3 of this
act shall be due and payable on a quarterly basis. However, the
first installment payment of an assessment imposed by the Ambulance
Service Provider Access Payment Program Act shall not be due and
payable until:
a. the Authority issues written notice stating that the
assessment and payment methodologies required under
the Ambulance Service Provider Access Payment Program
Act have been approved by the Centers for Medicare and
Medicaid Services and the waiver under 42 C.F.R.,
Section 433.68, if necessary, has been granted by the
Centers for Medicare and Medicaid Services,
b. the thirty-day verification period required by
paragraph 4 of subsection C of this section has
expired, and
c. the Authority issues a notice giving a due date for
the first payment.
2. After the initial installment of an annual assessment has
been paid under this section, each subsequent quarterly installment
payment shall be due and payable by the fifteenth day of the first
month of the applicable quarter.
3. If an ambulance service provider fails to timely pay the
full amount of a quarterly assessment, the Authority shall add to
the assessment:
a. a penalty assessment equal to five percent (5%) of the
quarterly amount not paid on or before the due date,
and
b. on the last day of each quarter after the due date
until the assessed amount and the penalty imposed
under subparagraph a of this paragraph are paid in
full, an additional five-percent penalty assessment on
any unpaid quarterly and unpaid penalty assessment
amounts.
4. The quarterly assessment including applicable penalties must
be paid regardless of any appeals action requested by the ambulance
provider. If a provider fails to pay the Authority the assessment
within the time frames noted on the invoice to the provider, the
assessment and applicable penalty shall be deducted from the
provider's payment. Any change in payment amount resulting from an
appeals decision will be adjusted in future payments.
5. An ambulance service provider subject to the assessment
under the Ambulance Service Provider Access Payment Program Act that
has not been previously licensed as an ambulance service in Oklahoma
and that commences operations during a year shall pay the required
assessment computed under Section 3 of this act and shall be
Oklahoma Statutes - Title 63. Public Health and Safety Page 1567
eligible for ambulance service provider access payments under this
section on the date specified in the rules promulgated by the
Authority after consideration of input and recommendations of the
Oklahoma Ambulance Alliance.
E. 1. To preserve the quality and improve access to ambulance
services rendered on or after the effective date of this act, the
Authority shall make ambulance service provider access payments as
set forth in this section.
2. The Authority shall pay all quarterly ambulance service
provider access payments within ten (10) calendar days of the due
date for quarterly assessment payments established in subsection D
of this section.
3. The Authority shall calculate the ambulance service provider
access payment amount as the balance of the Ambulance Service
Provider Access Payment Program Fund plus any federal matching funds
earned on the balance up to, but not to exceed, the upper payment
limit gap for all ambulance service providers.
4. All ambulance service providers shall be eligible for
ambulance service provider access payments each year as set forth in
this subsection except ambulance services excluded or exempted in
subsection B of Section 3 of this act.
5. Access payments shall be made on a quarterly basis.
6. Ambulance service provider access payments shall not be used
to offset any other payment by Medicaid for services to Medicaid
beneficiaries.
7. If the Centers for Medicare and Medicaid Services finds that
the Authority has made payments to ambulance service providers that
exceed the upper payment limits, ambulance service providers shall
refund to the Authority a share of the recouped federal funds that
is proportionate to the ambulance services' contribution to the
upper payment limit.
F. 1. All monies accruing to the credit of the Ambulance
Service Provider Access Payment Program Fund are hereby appropriated
and shall be budgeted and expended by the Authority after
consideration of the input and recommendation of the Alliance.
2. Monies in the Ambulance Service Provider Access Payment
Program Fund shall be used only for:
a. transfers to the Medical Payments Cash Management
Improvement Act Programs Disbursing Fund for the state
share of ambulance service provider access payments
for ambulance service providers that participate in
the assessment,
b. transfers to the Administrative Revolving Fund for the
state share of payment of administrative expenses
incurred by the Authority or its agents and employees
in performing the activities authorized by the
Ambulance Service Provider Access Payment Program Act
Oklahoma Statutes - Title 63. Public Health and Safety Page 1568
but not more than Two Hundred Thousand Dollars
($200,000.00) each year, and
c. the reimbursement of monies collected by the Authority
from ambulance services through error or mistake in
performing the activities authorized under the
Ambulance Service Provider Access Payment Program Act.
3. The Authority shall pay from the Ambulance Service Provider
Access Payment Program Fund quarterly installment payments to
ambulance service providers of amounts available for ambulance
service provider access payments.
4. Monies in the Ambulance Service Provider Access Payment
Program Fund shall not be used to replace other general revenues
appropriated and funded by the Legislature or other revenues used to
support Medicaid.
5. The Ambulance Service Provider Access Payment Program Fund
and the program specified in the Ambulance Service Provider Access
Payment Program Act are exempt from budgetary reductions or
eliminations caused by the lack of general revenue funds or other
funds designated for or appropriated to the Authority.
6. No ambulance service provider shall be guaranteed, expressly
or otherwise, that any additional costs reimbursed to the provider
will equal or exceed the amount of the ambulance service provider
access payment program fee paid by the ambulance service.
G. After considering input and recommendations from the
Alliance, the Oklahoma Health Care Authority Board shall promulgate
rules that:
1. Allow for an appeal of the annual assessment of the
Ambulance Service Provider Access Payment Program payable under this
act; and
2. Allow for an appeal of an assessment of any fees or
penalties determined.
Added by Laws 2021, c. 540, § 4, eff. Nov. 1, 2021.
§63-3242.5. Supplement to appropriation – Authorization for
matching funds.
A. The ambulance service provider access payment program fee is
to supplement, not supplant, appropriations to support ambulance
service provider reimbursement. If Medicaid reimbursement rates to
providers are adjusted, ambulance service provider rates shall not
be adjusted less favorably than the average percentage-rate
reduction or increase applicable to the majority of other provider
groups.
B. Notwithstanding any other provision of the Ambulance Service
Provider Access Payment Program Act, if, after receipt of
authorization to receive federal matching funds for monies generated
by the Ambulance Service Provider Access Payment Program Act, the
authorization is withdrawn or changed so that federal matching funds
Oklahoma Statutes - Title 63. Public Health and Safety Page 1569
are no longer available, the Oklahoma Health Care Authority shall
cease collecting the provider fee and shall repay to the ambulance
services any money received by the Ambulance Service Provider Access
Payment Program that is not subject to federal matching funds.
Added by Laws 2021, c. 540, § 5, eff. Nov. 1, 2021.
§63-3242.6. State plan amendment to implement requirements.
A. The Oklahoma Health Care Authority shall submit to the
Oklahoma Ambulance Alliance a proposed state plan amendment to
implement the requirements of the Ambulance Service Provider Access
Payment Program Act including the payment of ambulance service
provider access payments under Section 4 of this act no later than
forty-five (45) days after the effective date of this act and shall
submit the state plan amendment to the Centers for Medicare and
Medicaid Services after consideration of the input and
recommendations of the Alliance.
B. If the state plan amendment is not approved by the Centers
for Medicare and Medicaid Services, the Authority shall:
1. Not implement the assessment imposed under the Ambulance
Service Provider Access Payment Program Act; and
2. Return any fees to ambulance services that paid the fees if
any such fees have been collected.
Added by Laws 2021, c. 540, § 6, eff. Nov. 1, 2021.
§63-3250.1. Short title.
This act shall be known and may be cited as the “Oklahoma
Community Hospitals Public Trust Authorities Act”.
Added by Laws 2003, c. 432, § 1, emerg. eff. June 7, 2003.
§63-3250.2. Definitions.
As used in the Oklahoma Community Hospitals Public Trust
Authorities Act:
1. “Community hospital public trust authority” or “public
trust” means a community hospital public trust authority
establishing a hospital district pursuant to the provisions of the
Oklahoma Community Hospitals Public Trust Authorities Act;
2. “Hospital” means a hospital as such term is defined by
Section 1-701 of Title 63 of the Oklahoma Statutes and facilities
within the definition of Section 2657 of Title 63 of the Oklahoma
Statutes;
3. “Hospital district” means a designated geographical area
established by a community hospital public trust authority; and
4. “Medically indigent person” means a person requiring
medically necessary hospital or other health care services for the
person or the dependents of the person, who has insufficient or no
public or private third-party coverage, and whose personal resources
Oklahoma Statutes - Title 63. Public Health and Safety Page 1570
are insufficient to provide for hospital or other health care
services.
Added by Laws 2003, c. 432, § 2, emerg. eff. June 7, 2003.
§63-3250.3. Purpose – Creation of public trust – Instrument –
Condition precedent – Filing - Amendment.
A. 1. The Oklahoma Legislature finds that the delivery of
health care services to the public including medically indigent
persons will be enhanced through the establishment of community
hospital public trust authorities and the creation of hospital
districts pursuant to the Oklahoma Community Hospitals Public Trust
Authorities Act.
2. The purpose of the Oklahoma Community Hospitals Public Trust
Authorities Act is to provide maximum utilization and efficient
administration in delivering health care services by hospital
districts to the public including medically indigent persons, and to
provide for supplemental Medicaid programs.
B. 1. A hospital or two or more hospitals located within a
county or adjacent counties or located within a county or adjacent
counties and a municipality may jointly create a public trust for
the purposes of:
a. establishing a hospital district,
b. accessing and providing funding for coordination of
the delivery of health care to the public including
but not limited to programs that contribute to serving
the medically indigent,
c. improving access to health care by the public,
d. coordinating the development of new health services in
the hospital district,
e. considering various alternatives for integrating the
services of the health care delivery system in the
hospital district, and
f. providing for and supplementing Medicaid programs.
2. A hospital participating in the creation of a public trust
must:
a. expend at least Fifty Thousand Dollars ($50,000.00)
annually providing care for medically indigent
persons, and
b. have a system of inpatient and/or outpatient health
care, trauma care, or emergency care services that is
not limited to a specific modality of health care.
3. The boundaries of a community hospital public trust
authority should be coextensive with the boundaries of a county or a
group of member counties.
4. The county or counties or the county or counties and
municipality in which a hospital district is established must
approve and shall be the beneficiary of the public trust pursuant to
Oklahoma Statutes - Title 63. Public Health and Safety Page 1571
the provisions of Sections 176 and 177 of Title 60 of the Oklahoma
Statutes.
C. The instrument creating the public trust shall provide at a
minimum:
1. The reasons for organizing and constituting a hospital
district, including a statement that the community hospital public
trust authority will comply with all applicable provisions of
Sections 176 through 180.3 of Title 60 of the Oklahoma Statutes and
the Oklahoma Community Hospitals Public Trust Authorities Act;
2. A statement that the public trust shall be separate and
independent from the affairs of the beneficiary in all matters or
activities authorized by the written instrument creating the public
trust;
3. The names and corporate headquarters of each hospital
located in the proposed hospital district;
4. The general patient loads of each hospital within the
proposed hospital district and the anticipated number of medically
indigent persons for whom medical services will be provided;
5. A concise description of the geographic boundaries to be
embraced within the proposed hospital district;
6. A statement that the proposed hospital district is embracing
only those lands within the proposed boundaries specified by
paragraph 5 of this subsection which can reasonably and economically
be served in the foreseeable future;
7. Assurance that all hospitals located within the hospital
district which meet the eligibility criteria can participate in the
public trust;
8. For the appointment, succession, powers, duties, terms and
manner of removal of trustees;
9. For the appointment of at least five trustees as follows:
a. the chief executive officers of the hospitals
participating in the community hospital public trust
authority and may include the chief executive officers
of hospitals located within the hospital district,
b. (1) one county commissioner or their designee from
each beneficiary county which the hospital
district embraces, appointed by the commissioners
of each such county, and
(2) the chief administrative officer or his or her
designee from a municipality in which the
hospital district is situated, if such
municipality is the beneficiary of the public
trust, and
c. one member appointed by the Governor who has no direct
affiliation with any hospital participating in the
community hospital public trust authority; provided,
that if pursuant to the provisions of this paragraph
Oklahoma Statutes - Title 63. Public Health and Safety Page 1572
the Board will have less than five members, the
Governor shall appoint additional members; and
10. The time and place of the regular meetings and the manner
in which special meetings may be called. A community hospital
public trust authority shall keep a complete record of all its
proceedings.
D. As a condition precedent, each community hospital public
trust authority must receive approval from the Attorney General that
the public trust is in the proper form.
E. A certified copy of the public trust agreement must be filed
with the Secretary of State and with the court clerk of each
beneficiary county and municipality.
F. Each public trust established pursuant to the Oklahoma
Community Hospitals Public Trust Authorities Act shall not be
amended without a two-thirds (2/3) vote of approval of the trustees
of such trust.
Added by Laws 2003, c. 432, § 3, emerg. eff. June 7, 2003.
§63-3250.4. Hospitals within hospital district – License,
accreditation, and certification requirements – Participation in
federal medical programs.
Hospitals located within a hospital district:
1. Shall be licensed by the State Department of Health and
shall meet the standards, requirements and essentials of the Joint
Commission of Accreditation of Health Care Organizations or the
American Osteopathic Association or meet Medicare certification by
the Center for Medicare and Medicaid Services. Provided, the State
Commissioner of Health may waive any such standards, requirements
and essentials as the Commissioner deems necessary; and
2. May provide services and receive payments therefor pursuant
to Titles XVIII and XIX of the federal Social Security Act, and may
participate in other federal medical programs.
Added by Laws 2003, c. 432, § 4, emerg. eff. June 7, 2003.
§63-3250.5. Members and officers of community hospital public trust
authority – Residency – Bond.
A. Each member of a community hospital public trust authority
shall be a resident of the state and a registered voter.
B. The members of the community hospital public trust authority
shall serve without compensation but may be reimbursed for all
reasonable and actual and necessary travel expenses incurred in the
performance of their duties in accordance with the provisions of the
State Travel Reimbursement Act.
C. Each officer handling funds of the public trust shall
furnish a good and sufficient fidelity bond in an amount and with
surety as may be specified by the Oklahoma Central Purchasing Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1573
The cost of the bond shall be paid from funds of the community
hospital public trust authority.
Added by Laws 2003, c. 432, § 5, emerg. eff. June 7, 2003.
§63-3250.6. Authority, powers, and duties of community hospital
public trust authority – Conflict of interest – Compliance with
statutes – Audits – Issuance of bonds.
A. 1. Each community hospital public trust authority shall be
a governmental entity and a body politic and corporate with powers
of government and with authority to establish and operate a hospital
district and to exercise the rights, privileges and functions
specified by the Oklahoma Community Hospitals Public Trust
Authorities Act and Sections 176 through 180.3 of Title 60 of the
Oklahoma Statutes.
2. Nothing in this subsection shall be construed as authorizing
any hospital district to levy or collect taxes or to pledge the
credit of the state or any subdivision of this state.
B. Each community hospital public trust authority shall have
the power to:
1. Adopt bylaws and promulgate rules for the regulation of its
affairs and the conduct of its business;
2. Adopt an official seal;
3. Act as a vehicle for securing funds for education, indigent
medical care, trauma, emergency and other health care services;
4. Coordinate the delivery and efficiency of health care
services within the hospital district established pursuant to the
Oklahoma Community Hospitals Public Trust Authorities Act;
5. Sue and be sued;
6. Make and enter into all contracts necessary or incidental to
the performance of its duties and the execution of its powers
pursuant to the Oklahoma Community Hospitals Public Trust
Authorities Act;
7. Purchase or lease equipment, furniture, materials and
supplies, and incur such other expenses as may be necessary to
discharge its duties and responsibilities or to implement the
provisions of the Oklahoma Community Hospitals Public Trust
Authorities Act;
8. Accept grants and other funds from agencies of this state
and the United States of America, from other government entities, or
from any corporation or agency created or designed by the United
States or other government entity, and to enter into such agreements
as the United States or such corporation or agency may require;
9. Accept grants and gifts from private individuals and
organizations;
10. Accept and make intergovernmental transfers authorized by
state law. A hospital district may make intergovernmental transfers
Oklahoma Statutes - Title 63. Public Health and Safety Page 1574
to the Oklahoma Health Care Authority to the extent permitted by
state or federal law;
11. Issue bonds and other evidences of indebtedness, and to
secure the payment thereof by mortgage, pledge, or deed of trust of,
or any other encumbrance upon, any or all of its then-owned or
after-acquired real or personal property, assets, franchises, or
revenues;
12. Become a member of other cooperatives, joint ventures,
partnerships, corporations or other legal entities or to own stock
therein;
13. Conduct its business and exercise its powers within or
without this state;
14. Assess fees, levies, assessments, or charges upon and
enforce the payment of such fees, levies, assessments or charges
against any hospital located within the geographical boundaries of
its hospital district and to remit such monies to the Oklahoma
Health Care Authority for purposes of meeting the state’s share for
the supplemental Medicaid programs to the extent and manner
authorized by federal law. Fees, levies, assessments or charges may
be enforced by a community hospital public trust authority through
civil action brought in the district court in the county in which
the community hospital public trust authority is located;
15. Appoint officers, agents and employees, prescribe their
duties and fix their compensation;
16. Engage in long-term planning for the operation and
management of a community hospital public trust authority;
17. Establish petty cash funds as needed and provide for
appropriate accounting procedures and controls; and
18. Do all other things necessary and proper to implement the
provisions of the Oklahoma Community Hospitals Public Trust
Authorities Act.
C. No director or officer of a community hospital public trust
authority shall vote on any issue before the authority in which such
director or officer has a direct interest in any contract or for any
work by or for the community hospital public trust authority.
D. The trustees of each community hospital public trust
authority created pursuant to the Oklahoma Community Hospitals
Public Trust Authorities Act shall make and adopt bylaws for the due
and orderly administration and regulation of the affairs of the
community hospital public trust authority. All bylaws and
amendments thereto of a community hospital public trust authority
shall be submitted in writing to each beneficiary of the community
hospital public trust authority, the Governor of this state and to
the Speaker of the Oklahoma House of Representatives and the
President Pro Tempore of the State Senate.
E. No appropriation of state funds shall be made to any
community hospital public trust authority. Each authority may
Oklahoma Statutes - Title 63. Public Health and Safety Page 1575
receive the funds it may be entitled to receive pursuant to the
Medicaid program as administered by the Oklahoma Health Care
Authority.
F. Each community hospital public trust authority shall comply
with:
1. The annual budget provisions of the state requiring a
balanced budget. A copy of the budget shall be submitted annually
to the Governor and to each beneficiary of the community hospital
public trust authority;
2. The Public Competitive Bidding Act of 1974;
3. The Oklahoma Open Records Act;
4. The Oklahoma Open Meeting Act; and
5. The provisions of Sections 176 through 180.3 of Title 60 of
the Oklahoma Statutes and the Community Hospitals Public Trust
Authorities Act.
G. 1. Each community hospital public trust authority shall
provide for complete financial audits on all accounts of the
community hospital public trust authority and authorize periodic
audits by an independent external auditing agency. Such audits
shall be performed annually in a format approved by the State
Auditor and Inspector. The audits shall be made in accordance with
generally accepted auditing standards and government auditing
standards. Financial statements shall be prepared in accordance
with generally accepted accounting principles. Such audits shall be
submitted to the State Auditor and Inspector and to the beneficiary
of the community hospital public trust authority for review.
2. In addition to the audits specified by this subsection, the
State Auditor and Inspector, whenever the State Auditor and
Inspector deems it appropriate, and at least once each five (5)
years, or upon receipt of a request to do so from the beneficiary of
a community hospital public trust authority, the Governor, the
Attorney General, the President Pro Tempore of the Senate, the
Speaker of the House of Representatives or the community hospital
public trust authority shall conduct a special audit of the
authority. Such audit shall be paid from the funds of the community
hospital public trust authority.
H. 1. Except for acts of dishonesty, no trustee of a community
hospital public trust authority shall be charged personally with any
liability whatsoever by reason of any act or omission committed or
suffered in the performance of such trust or in the operation of the
trust property.
2. A community hospital public trust authority established
pursuant to the provisions of the Oklahoma Community Hospitals
Public Trust Authorities Act shall be covered by The Governmental
Tort Claims Act.
3. Officers, employees, agents, independent contractors and
employees of independent contractors of hospitals participating in
Oklahoma Statutes - Title 63. Public Health and Safety Page 1576
the hospital district shall not be covered by The Governmental Tort
Claims Act. The provisions of this paragraph shall not affect the
immunity provided to hospitals or to officers and employees of
hospitals covered by Section 152 of Title 51 of the Oklahoma
Statutes.
4. In no event shall the state, county or municipality be
construed to be or become liable for any act, omission or obligation
of a trustee or of the community hospital public trust authority.
I. A community hospital public trust authority may be
terminated by agreement of the trustees of this state; provided,
that such community hospital public trust authority shall not be
terminated while there exists any outstanding contractual
obligations chargeable against the trust property.
J. 1. Compliance with the provisions of Sections 176 through
180.3 of Title 60 of the Oklahoma Statutes and the Oklahoma
Community Hospitals Public Trust Authorities Act by a community
hospital public trust authority shall be and constitute a binding
contract with the county or counties and municipality beneficiaries
for the acceptance of the beneficial interest in the trust property
by the designated beneficiary and the application of the proceeds of
the trust property and its operation for the purposes, and in
accordance with the stipulations, of the public trust instrument.
2. Each community hospital public trust authority shall be the
regularly constituted authority of the beneficiary for the
performance of the functions for which the community hospital public
trust authority shall have been created.
K. 1. A community hospital public trust authority shall have
the power and duty to make and issue bonds and to pledge revenues of
the community hospital public trust authority subject to the
Oklahoma Bond Oversight and Reform Act. Nothing in the Oklahoma
Community Hospitals Public Trust Authorities Act shall authorize the
issuance of any bonds by a community hospital public trust authority
payable other than from revenues of the community hospital public
trust authority.
2. Community hospital public trust authority revenue bonds
issued under the provisions of this subsection shall not at any time
be deemed to constitute a debt of the state or of any political
subdivision thereof or a pledge of the faith and credit of the state
or of any political subdivision, but such bonds shall be payable
solely from the funds herein provided.
3. Such revenue bonds shall contain on the face thereof a
statement to the effect that neither the state nor the community
hospital public trust authority shall be obligated to pay the same
or the interest thereon except from the revenues of the project or
projects for which they are issued and that neither the faith and
credit nor the taxing power of the state or any political
Oklahoma Statutes - Title 63. Public Health and Safety Page 1577
subdivision thereof is pledged, or may hereafter be pledged, to the
payment of the principal of or the interest on such bonds.
4. The interest income derived from any obligation issued by a
community hospital public trust authority shall be exempt from the
tax imposed pursuant to Section 2355 of Title 68 of the Oklahoma
Statutes.
Added by Laws 2003, c. 432, § 6, emerg. eff. June 7, 2003.
§63-3250.7. Reports.
Each community hospital public trust authority shall submit an
annual report to each beneficiary of the authority, the Governor,
the President Pro Tempore of the State Senate and the Speaker of the
Oklahoma House of Representatives. Such report shall be submitted
in accordance with the requirements for financial statement audits
in Section 212A of Title 74 of the Oklahoma Statutes, and shall
include an account of the operations and actions of the authority
and an accounting of all revenue received and disbursed by the
authority for the previous fiscal year.
Added by Laws 2003, c. 432, § 7, emerg. eff. June 7, 2003.
§63-3250.8. Medicaid Payment Reimbursement Fund.
A. 1. There is hereby created in the State Treasury a
revolving fund to be designated the “Medicaid Payment Reimbursement
Fund”.
2. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of:
a. all monies received by the Oklahoma Health Care
Authority pursuant to the Oklahoma Community Hospitals
Public Trust Authorities Act and otherwise specified
or authorized by law including, but not limited to,
monies received by the Authority from assessments
levied on hospitals included in a hospital district,
and
b. interest attributable to investment of money in the
fund.
3. All monies accruing to the credit of the fund are hereby
appropriated and shall be expended by the Authority for services to
Medicaid beneficiaries residing within or receiving services within
the boundaries of the community hospitals public trust.
B. Any monies received from any assessment levied on hospitals
within a hospital district for purposes of providing the state
matching funds for supplemental Medicaid programs pursuant to the
provisions of the Oklahoma Community Hospitals Public Trust
Authorities Act shall be submitted to the Oklahoma Health Care
Authority for deposit into the Medicaid Payment Reimbursement Fund.
C. The Oklahoma Health Care Authority shall transfer to the
Medicaid Payment Reimbursement Fund any payment received by the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1578
Oklahoma Health Care Authority pursuant to the Oklahoma Community
Hospitals Public Trust Authorities Act and rules promulgated by the
Oklahoma Health Care Authority pursuant to federal law and the
provisions of the Oklahoma Community Hospitals Public Trust
Authorities Act.
D. 1. The Oklahoma Health Care Authority shall make Medicaid
reimbursement payments to hospitals to the extent permitted by
federal law and rules promulgated by the Oklahoma Health Care
Authority pursuant to federal law.
2. Each community hospital public trust authority established
shall be limited to receipt of supplemental Medicaid program funds
for its designated area.
Added by Laws 2003, c. 432, § 8, emerg. eff. June 7, 2003. Amended
by Laws 2004, c. 460, § 1, emerg. eff. June 4, 2004.
§63-3250.9. Waivers authorizing Medicaid supplements.
The Oklahoma Health Care Authority Board shall submit an
application for any waiver necessary to authorize Medicaid
supplements to hospital districts to the extent permitted by federal
law and pursuant to the Oklahoma Community Hospitals Public Trust
Authorities Act.
Added by Laws 2003, c. 432, § 9, emerg. eff. June 7, 2003.
§63-3271. Short title.
This act shall be known and may be cited as the "Oklahoma State
University Medical Authority Act".
Added by Laws 2006, c. 287, § 1, emerg. eff. June 7, 2006.
§63-3272. Definitions.
As used in the Oklahoma State University Medical Authority Act:
1. “Graduate Medical Education” or “GME” means educational
programs meeting the guidelines of the American Osteopathic
Association offered as an extension of the Oklahoma State University
Center for Health Sciences, College of Osteopathic Medicine in
cooperation with a hospital or other healthcare provider;
2. “Hospital” means a hospital as such term is defined by
Section 1-701 of Title 63 of the Oklahoma Statutes and facilities
within the definition of “ambulatory surgical center” as defined in
Section 2657 of Title 63 of the Oklahoma Statutes;
3. “Patient” means an individual receiving care from an
Oklahoma State University Center for Health Sciences intern,
resident or full or part-time physician trainer;
4. “Declaration of necessity” means an official action of the
Oklahoma State University Medical Authority to fulfill the terms of
an Academic Affiliation or other agreement or to provide facilities,
financing or any other general support to enhance the stability,
quality or otherwise furtherance of the graduate medical education
Oklahoma Statutes - Title 63. Public Health and Safety Page 1579
programs of the Oklahoma State University Center for Health
Sciences; and
5. “Academic Affiliation Agreement” means an agreement between
the Oklahoma State University Center for Health Sciences and an
entity providing facilities, equipment and support for the graduate
medical education programs of the Oklahoma State University Center
for Health Sciences.
Added by Laws 2006, c. 287, § 2, emerg. eff. June 7, 2006.
§63-3273. Purposes - Legislative findings.
A. The purposes of the Oklahoma State University Medical
Authority Act are to provide for an effective and efficient
administration, to ensure a dependable source of funding, and to
effectuate the mission and purposes of the Oklahoma State University
Medical Authority. The mission and purposes of the Oklahoma State
University Medical Authority are to support and upon a declaration
of necessity, to serve as teaching and training facilities for
students enrolled at the Oklahoma State University Center for Health
Sciences, upon a declaration of necessity, to acquire and provide a
site for conducting medical and biomedical research by faculty
members of the Oklahoma State University Center for Health Sciences
and to facilitate and upon a declaration of necessity, to provide
care for the patients of Oklahoma State University Center for Health
Sciences physician trainers. The Oklahoma State University Medical
Authority shall maintain a close affiliation with the Oklahoma State
University Center for Health Sciences and shall coordinate their
operations and activities in a cooperative manner.
B. The Legislature finds that the needs of the citizens of this
state and the needs of the Oklahoma State University Center for
Health Sciences will be best served by an Authority charged with the
mission of supporting the Graduate Medical Education programs of the
Oklahoma State University Center for Health Sciences, entering into
Academic Affiliation Agreements in support of Oklahoma State
University physician and healthcare training programs, operating or
leasing the operations of the teaching hospital or hospitals for the
benefit of the Oklahoma State University Center for Health Sciences
and providing care for the patients of Oklahoma State University
physician trainers.
C. The Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges shall retain full power to govern the personnel,
curriculum and facilities of the Oklahoma State University Center
for Health Sciences.
Added by Laws 2006, c. 287, § 3, emerg. eff. June 7, 2006.
§63-3274. Hospitals - Operation, licensing, accreditation, and
certification - Teaching and training.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1580
A. Any hospital or hospitals purchased, leased or constructed
by the Oklahoma State University Medical Authority shall be operated
as general hospitals and shall be licensed by the State Commissioner
of Health, and shall, as far as possible, meet the standards,
requirements and essentials of the Joint Commission on Accreditation
of Health Care Organizations and the American Osteopathic
Association or, alternatively, meet Medicare certification by the
Center for Medicare and Medicaid Services. Provided, the State
Commissioner of Health may waive any such standards, requirements
and essentials as the Commissioner deems necessary.
B. Any such hospitals may provide services and receive payments
under Titles XVIII and XIX of the federal Social Security Act, and
may participate in other federal medical programs.
C. Any such hospitals shall be available as teaching and
training hospitals for the colleges of the Oklahoma State University
Center for Health Sciences, for other health and educational
facilities and shall provide indigent patient care.
D. For the purpose of Medicaid supplemental payments, the
Oklahoma State University Medical Trust shall be authorized to enter
into a cooperative venture for the purpose of training students
within an American College of Surgeons Level I Trauma Center or
centers operated by the Oklahoma State University Medical Trust or
an affiliated entity approved by the Trust. The Oklahoma State
University Medical Authority shall annually certify to the Oklahoma
Health Care Authority that the Level I trauma center meets such
standards and requirements with respect to any Medicaid supplemental
payments to be received from the Oklahoma Health Care Authority for
the Level I Trauma Center.
Added by Laws 2006, c. 287, § 4, emerg. eff. June 7, 2006. Amended
by Laws 2025, c. 386, § 1, eff. Sept. 1, 2025.
§63-3275. Oklahoma State University Medical Authority - Members -
Qualifications, appointment, and removal - Applicable statutes.
A. There is hereby created the Oklahoma State University
Medical Authority, an agency of the State of Oklahoma, a body
corporate and politic, with powers of government and with the
authority to exercise the rights, privileges and functions as
specified in the Oklahoma State University Medical Authority Act.
The Oklahoma State University Medical Authority is covered by the
Governmental Tort Claims Act.
B. The Authority shall consist of eight (8) members as follows:
1. One member shall be appointed by the Governor, with the
advice and consent of the Senate;
2. One member shall be appointed by the President Pro Tempore
of the Oklahoma State Senate;
3. One member shall be appointed by the Speaker of the Oklahoma
House of Representatives;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1581
4. One member shall be the Chief Executive Officer of the
Oklahoma Health Care Authority, or a designee;
5. One member shall be the President of the Oklahoma State
University Center for Health Sciences;
6. One member shall be appointed by the President of Oklahoma
State University;
7. One member shall be a member of the Board of Regents for the
Oklahoma Agricultural and Mechanical Colleges, or his or her
designee, as selected by the chair of the Board of Regents; and
8. One member shall be the Chief Executive Officer of the
Oklahoma State University Medical Authority who shall be an ex
officio, nonvoting member.
C. Members shall be appointed for terms of three (3) years.
D. Each member of the Authority, prior to appointment, shall be
a resident of the state and a qualified elector.
E. Members shall be removable only for cause by the appointing
authority. Any vacancy occurring on the Authority shall be filled
by the original appointing authority.
F. The members of the Authority shall serve without
compensation but may be reimbursed for all actual and necessary
travel expenses incurred in performance of their duties in
accordance with the provisions of the State Travel Reimbursement
Act.
G. All members of the Authority and administrative personnel of
the Authority shall be subject to the provisions of the Oklahoma
Ethics Commission Rules, Chapter 62 Appendix of Title 74 of the
Oklahoma Statutes.
H. A quorum of the Authority shall be four (4) voting members.
The Authority shall elect a chair and vice chair from among its
members. The chair must be an appointed member of the Authority.
I. The Authority shall be exempt from the Oklahoma Central
Purchasing Act but shall be subject to the purchasing policies of
Oklahoma State University Center for Health Sciences and shall be
subject to the Oklahoma Open Meeting Act and the Oklahoma Open
Records Act, except as otherwise provided by this act. Any
information submitted to or compiled by the Authority except for
budgetary information related to appropriations or the
appropriations process with respect to the marketing plans,
financial statements, trade secrets, research concepts, methods or
products, or any other proprietary information of the Authority,
persons, firms, associations, partnerships, agencies, corporations,
institutions of higher education, nonprofit research institutions or
other entities shall be confidential, except to the extent that the
person or entity which provided the information or which is the
subject of the information consents to disclosure. Executive
sessions may be held to discuss such materials if deemed necessary
by the Authority.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1582
Added by Laws 2006, c. 287, § 5, emerg. eff. June 7, 2006. Amended
by Laws 2023, c. 334, § 1, eff. Nov. 1, 2023.
§63-3276. Oklahoma State University Medical Authority - Powers and
duties - Applicable statutes.
A. The Oklahoma State University Medical Authority shall have
the power and duty to:
1. Adopt bylaws and promulgate rules for the regulation of its
affairs and the conduct of its business;
2. Adopt an official seal;
3. Maintain an office at a location to be determined by the
Authority;
4. Sue and be sued, subject to the provisions of The
Governmental Tort Claims Act;
5. Enter into cooperative agreements with the Board of Regents
for the Oklahoma Agricultural and Mechanical Colleges for
educational programs, professional staffing, research and other
medical activities;
6. Make and enter into all contracts necessary or incidental to
the performance of its duties and the execution of its powers
pursuant to the Oklahoma State University Medical Authority Act;
7. Purchase or lease equipment, furniture, materials and
supplies, and incur such other expenses as may be necessary to
maintain and operate hospitals or clinics, or to discharge its
duties and responsibilities or to make any of its powers effective;
8. Acquire by purchase, lease, gift, or by any other manner,
and to maintain, use and operate or to contract for the maintenance,
use and operation of or lease of any and all property of any kind,
real, personal, or mixed or any interest therein unless otherwise
provided by the Oklahoma State University Medical Authority Act;
9. Appoint such officers, agents and employees, including but
not limited to attorneys, as it deems necessary and to prescribe
their duties and to fix their compensation;
10. Accept grants from the United States of America, or from
any corporation or agency created or designed by the United States
of America, and, in connection with any grant, to enter into such
agreements as the United States of America or such corporation or
agency may require;
11. Make and issue bonds and to pledge revenues of the
Authority subject to the Oklahoma Bond Oversight and Reform Act.
Nothing in the Oklahoma State University Medical Authority Act shall
authorize the issuance of any bonds of the Authority payable other
than from revenues of the Authority. Funds appropriated to the
Authority shall not be used for issuance of bonds. Authority
revenue bonds issued under the provisions of this act shall not at
any time be deemed to constitute a debt of the state or of any
political subdivision thereof or a pledge of the faith and credit of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1583
the state or of any political subdivision, but such bonds shall be
payable solely from the funds herein provided. Such revenue bonds
shall contain on the face thereof a statement to the effect that
neither the state nor the Authority shall be obligated to pay the
same or the interest thereon except from the revenues of the project
or projects for which they are issued and that neither the faith and
credit nor the taxing power of the state or any political
subdivision thereof is pledged, or may hereafter be pledged, to the
payment of the principal of or the interest on such bonds. The
maximum amount of outstanding bonds at any time shall not exceed
Fifty Million Dollars ($50,000,000.00) unless a greater amount is
expressly approved by the Legislature by a concurrent resolution
adopted prior to commencing any action in anticipation of issuance
of revenue bonds of the Oklahoma State University Medical Authority
for the greater amount;
12. Provide for complete financial audits on all accounts of
the Oklahoma State University Medical Authority and to authorize
periodic audits by an independent external auditing agency. Such
audits shall be performed annually in a format approved by the State
Auditor and Inspector, and all such audits shall be submitted to the
State Auditor and Inspector for review. Such audits shall be made
in accordance with generally accepted auditing standards and
government auditing standards. Financial statements shall be
prepared in accordance with generally accepted accounting
principles. In addition to said audits, whenever the State Auditor
and Inspector deems it appropriate, and at least once each five (5)
years, or upon receipt of a request to do so from the Governor, the
Attorney General, the President Pro Tempore of the Oklahoma State
Senate, the Speaker of the Oklahoma House of Representatives or the
Authority, the State Auditor and Inspector shall conduct a special
audit of the Authority;
13. Engage in long-term planning for the operation and
management of the Authority;
14. Establish petty cash funds and provide for appropriate
accounting procedures and controls;
15. Contract with national manufacturers and distributors of
drugs and medical supplies when appropriate to carry out the
purposes of this act;
16. Provide funding to other entities for purposes related to
public health, teaching, research, and the purposes of the Oklahoma
State University Medical Authority Act when provided funding for
such purposes by the Legislature;
17. Do all other things necessary and proper to implement the
provisions of the Oklahoma State University Medical Authority Act;
18. Waive, by such means as the Authority deems appropriate,
the exemption from federal income taxation of interest on the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1584
Authority’s bonds provided by the Internal Revenue Code of 1986, as
amended, or any other federal statute providing a similar exemption;
19. Arrange for guaranties or insurance of its bonds by the
federal government or by any private insurer, and to pay any
premiums therefor; and
20. Make a declaration of necessity as provided in Section 3273
of this title. The Authority may, in its exclusive judgment, make a
declaration of necessity when such a declaration is deemed necessary
to effectuate the purposes of the Oklahoma State University Medical
Authority Act.
B. The Oklahoma State University Medical Authority shall be
subject to the Oklahoma Budget Law of 1947.
C. The Authority shall prepare monthly a “budget vs. actual”
report which shows by budget activity the monthly and year-to-date
revenues and expenditures compared to budgeted revenues and
expenditures. Such report shall be submitted to the Office of
Management and Enterprise Services and to the Directors of the House
of Representatives Fiscal Division and the Senate Fiscal Division.
D. The Authority shall be subject to the professional risk
management program provided for in Section 85.58A of Title 74 of the
Oklahoma Statutes.
Added by Laws 2006, c. 287, § 6, emerg. eff. June 7, 2006. Amended
by Laws 2012, c. 304, § 520; Laws 2023, c. 334, § 2, eff. Nov. 1,
2023.
§63-3277. Medicaid eligibility criteria - Determination.
The Oklahoma Health Care Authority shall continue to determine
eligibility criteria and standards for Medicaid recipients.
Added by Laws 2006, c. 287, § 7, emerg. eff. June 7, 2006.
§63-3278. Agreements and contracts — Authority — Purpose.
A. The Oklahoma State University Medical Authority shall have
the authority to:
1. Enter into agreements and cooperative ventures with other
health care providers to share services or to provide a benefit to
the hospitals;
2. Make and enter into all contracts and agreements necessary
or incidental to the performance of its duties and execution of its
powers pursuant to the Oklahoma State University Medical Authority
Act;
3. Join or sponsor organizations or associations intended to
benefit the hospitals;
4. Have members of its governing body or its officers or
administrators serve without pay as directors or officers of any
organization, association, or cooperative ventures authorized
pursuant to the Oklahoma State University Medical Authority Act; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1585
5. Offer, directly or indirectly, products and services of the
hospitals, any cooperative venture, or organization to the general
public.
B. All agreements and obligations undertaken, as permitted
under this section, by the Oklahoma State University Medical
Authority shall be for a public purpose. In addition to any other
limitations, conditions or restrictions provided by law, the
following conditions shall apply to contractual agreements entered
into pursuant to this section:
1. Private and public funds shall be accounted for separately;
and
2. The state shall not assume any liability for private
entities.
Added by Laws 2006, c. 287, § 8, emerg. eff. June 7, 2006. Amended
by Laws 2025, c. 386, § 2, eff. Sept. 1, 2025.
§63-3278.1. Oklahoma State University Medical Authority Behavioral
Health Workforce Development Fund — University Hospitals Authority
Behavioral Health Workforce Development Fund.
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma State University Medical Authority to be
designated the "Oklahoma State University Medical Authority
Behavioral Health Workforce Development Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of appropriated revenues and private endowments. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Oklahoma State University Medical
Authority for the purpose of designing and implementing a pilot
program at behavioral health facilities, the purpose of which is to
provide for behavioral health workforce development and access to
behavioral health professionals as provided by law. The purpose of
the pilot program includes, but is not limited to, bed conversion
and new beds; renovations at behavioral health facilities to
accommodate new licensed acute or residential treatment beds;
reallocation of beds from adult acute to child/adolescent acute
beds; relocation assistance for licensed behavioral health staff
currently living out of state; upskilling existing behavioral health
workforce; adding new psychiatric and psychological residencies,
internships and post-doctoral training programs; providing social
work scholarships; providing mental health nursing scholarships;
creating one-time private-sector workforce innovation grants;
providing licensure preparation assistance; and creating a
behavioral health trauma fund for intensive home and community-based
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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1586
B. There is hereby created in the State Treasury a revolving
fund for the University Hospitals Authority to be designated the
"University Hospitals Authority Behavioral Health Workforce
Development Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of appropriated
revenues and private endowments. All monies accruing to the credit
of said fund are hereby appropriated and may be budgeted and
expended by the University Hospitals Authority for the purpose of
designing and implementing a pilot program at behavioral health
facilities, the purpose of which is to provide for behavioral health
workforce development and access to behavioral health professionals
as provided by law. The purpose of the pilot program includes, but
is not limited to, bed conversion and new beds; renovations at
behavioral health facilities to accommodate new licensed acute or
residential treatment beds; reallocation of beds from adult acute to
child/adolescent acute beds; relocation assistance for licensed
behavioral health staff currently living out of state; upskilling
existing behavioral health workforce; adding new psychiatric and
psychological residencies, internships and post-doctoral training
programs; providing social work scholarships; providing mental
health nursing scholarships; creating one-time private-sector
workforce innovation grants; providing licensure preparation
assistance; and creating a behavioral health trauma fund for
intensive home and community-based 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.
C. The Oklahoma State University Medical Authority and the
University Hospitals Authority shall prepare a report for the
Legislature on the results of the first year of funding, including
the number of professionals retained and recruited, and the expected
benefits of the program. The report shall be delivered to relevant
health care committee and appropriations subcommittee chairs
following the first full year of implementation.
Added by Laws 2023, c. 112, § 1, eff. July 1, 2023. Amended by Laws
2024, c. 295, § 1, emerg. eff. May 13, 2024.
§63-3279. Oklahoma State University Medical Authority Agency
Special Account - Official Depository Account - Bond coverage.
A. The funds deposited in the Oklahoma State University Medical
Authority Agency Special Account created in subsection B of this
section shall be invested by the State Treasurer in the manner
provided for by law. The return on such investments shall be
credited to the accounts of the Authority.
B. There is hereby created in the State Treasury an Official
Depository Account for the Oklahoma State University Medical
Oklahoma Statutes - Title 63. Public Health and Safety Page 1587
Authority, to be designated the Oklahoma State University Medical
Authority Agency Special Account. The Official Depository Account
shall consist of an agency clearing account and an agency special
account. All revenues, except federal entitlements and state
appropriations, generated by the Oklahoma State University Medical
Authority shall be deposited in these accounts.
C. The Authority shall be subject to blanket bond coverage as
provided in Sections 85.26 through 85.31 of Title 74 of the Oklahoma
Statutes, provided the Authority shall be authorized to purchase
increased amounts of fidelity bond coverage for employees for whom
it is deemed necessary by the Authority. When the amount listed in
Section 85.29 of Title 74 of the Oklahoma Statutes is deemed
inadequate, the cost of increased coverage shall be borne by the
Authority.
Added by Laws 2006, c. 287, § 9, emerg. eff. June 7, 2006.
§63-3280. Issuance of bonds - Procedure - Characteristics -
Approvals.
A. Subject to the provisions of paragraph 11 of subsection A of
Section 6 of this act, the Oklahoma State University Medical
Authority may provide by resolution, from time to time, for the
issuance of revenue bonds for its lawful purposes, in such amount or
amounts as are necessary, incidental or convenient to the exercise
of powers, rights, privileges and functions conferred upon it by the
Oklahoma State University Medical Authority Act or other law. The
principal of and interest on any indebtedness shall be payable
solely from the revenues of the Authority and such other funds as
may be provided by law for such payment. The Authority may provide
for credit enhancement as additional security or liquidity for its
bonds and enter into such agreements as may be necessary or
appropriate to provide for the repayment of any funds advanced by
the provider of any such credit enhancement including the payment of
any fees and expenses incurred in connection therewith. The bonds
of each issue shall bear interest at fixed or variable rates and
shall bear an average interest rate not to exceed eleven percent
(11%) per annum, shall mature at such time or times not exceeding
thirty (30) years from their date or dates of issue, as may be
determined by the Authority, and may be made redeemable before
maturity at the option of the Authority, at such time or times and
at such price or prices and pursuant to such terms and conditions as
may be fixed by the Authority prior to the issuance of the bonds.
The Authority shall determine the form of the bonds and the manner
of execution thereof, and shall fix the denominations of the bonds
and the place or places of payment of principal and interest, which
may be at any bank and trust company within or without this state.
If any officer whose signature or facsimile of whose signature
appears on any bonds shall cease to be said officer before the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1588
delivery of the bonds, the signature or the facsimile shall
nevertheless be valid and sufficient for all purposes, the same as
if the person had remained in office until such delivery. All bonds
issued pursuant to the provisions of the Oklahoma State University
Medical Authority Act shall have all the qualities and incidences of
negotiable instruments subject to the laws of this state. The
Authority may sell the bonds in such amounts and in such manner,
either at public or private sale, and for such price, as it may
determine to be in the best interests of the state. If the bonds
are not sold by competitive bid, the sale must be approved by the
State Bond Advisor.
B. All fees and expenses of bond sales must be approved by the
State Bond Advisor and the Bond Oversight Commission. Prior to the
preparation of definitive bonds, the Authority, subject to like
restrictions, may issue interim receipts or temporary bonds, with or
without coupons, exchangeable for definitive bonds which have been
executed and are available for delivery. The Authority may also
provide for the replacement of any bonds which have become mutilated
or which have been destroyed or lost. Except as otherwise provided
by Section 14 of this act, bonds may be issued pursuant to the
provisions of the Oklahoma State University Medical Authority Act
without obtaining the consent of any department, division,
commission, board, bureau, or agency of this state, and without any
other proceedings or the occurrence of any other conditions or
things than those proceedings, conditions, or things that are
specifically required by the Oklahoma State University Medical
Authority.
C. The Authority may, by resolution, provide for the issuance
of refunding bonds then outstanding, including the payment of any
redemption premium, any interest accrued to the date of redemption
of such bonds, and for incurring additional indebtedness for its
lawful purposes. The issuance of such bonds shall be governed by the
provisions of the Oklahoma State University Medical Authority Act.
Added by Laws 2006, c. 287, § 10, emerg. eff. June 7, 2006.
§63-3281. Issuance of bonds - Approval of Attorney General.
Before any bond shall be issued and delivered by the Oklahoma
State University Medical Authority, a certified copy of the
proceedings for the issuance thereof, together with any other
information which the Attorney General of the State of Oklahoma may
require as the Bond Commissioner of the State of Oklahoma, shall be
submitted to the Attorney General. If the Attorney General shall
find that such bonds have been issued in accordance with law, he
shall approve such bonds and execute a certificate to that effect.
The Attorney General shall file such certificates in the office of
the State Auditor and Inspector, and the certificates shall be
recorded in a record kept for that purpose. All bonds approved by
Oklahoma Statutes - Title 63. Public Health and Safety Page 1589
the Attorney General, and issued in accordance with the approved
proceedings, shall be valid and binding obligations of the Authority
and shall be incontestable for any course from and after the date of
such approval.
Added by Laws 2006, c. 287, § 11, emerg. eff. June 7, 2006.
§63-3282. Issuance of bonds - Approval of Supreme Court.
The Oklahoma State University Medical Authority or the Oklahoma
State University Medical Trust may file an application with the
Supreme Court of the State of Oklahoma for approval of any bonds to
be issued under the provisions of the Oklahoma State University
Medical Authority Act, and exclusive original jurisdiction is hereby
conferred upon the Supreme Court to hear and determine such
application. The Supreme Court shall give such applications
precedence over the other business of the Court and consider and
determine the validity of the bonds and consider the application and
any protest which may be filed thereto. Notice of the hearing on
each application shall be given by notice published in a newspaper
of general circulation in this state that on a day named the
Authority or the Trust will ask the Court to hear the application
and approve the bonds. Such notice shall inform all interested
parties that they may file a protest against the issuance of the
bonds, may be present at the hearing, and may contest the legality
thereof. Such notice shall be published one time, not less than ten
(10) days prior to the date named for the hearing and the hearing
may be adjourned from time to time in the discretion of the Court.
If the Court is satisfied that the bonds have been properly
authorized in accordance with the Oklahoma State University Medical
Authority Act, and that when issued such bonds will constitute valid
obligations in accordance with their terms, the Court shall render
its written opinion approving the bonds and shall fix the time
within which the petition for rehearing may be filed. The decision
of the Court shall be a judicial determination of the validity of
the bonds, shall be conclusive as to the Authority of the Trust, its
officers and agents, and thereafter the bonds so approved and the
revenues pledged to their payment shall be incontestable in any
court in the State of Oklahoma.
Added by Laws 2006, c. 287, § 12, emerg. eff. June 7, 2006.
§63-3283. Revenue bonds not debt of state or political subdivision
- Statement on bonds - Tax exempt.
Revenue bonds of the Oklahoma State University Medical Authority
issued pursuant to the provisions of the Oklahoma State University
Medical Authority shall not constitute a debt of the state or of any
political subdivision thereof, or a pledge of the full faith and
credit of the state, or of any political subdivision thereof, but
such bonds shall be payable solely from the funds provided therefor.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1590
The forms of the bonds so issued shall contain on the face thereof a
statement to the effect that neither the state nor the Authority
shall be obligated to pay the same or the interest thereon except
from the revenues of the Authority pledged to the payment of such
bonds and that neither the faith and credit nor the taxing power of
the state or any political subdivision thereof is pledged, or may
hereafter be pledged, to the payment of the principal of or interest
on such bonds. The bonds so issued shall be exempt from taxation by
the State of Oklahoma and any political subdivision thereof,
including the income therefrom, and any gain from the sale thereof.
Added by Laws 2006, c. 287, § 13, emerg. eff. June 7, 2006.
§63-3284. Bonds - Investment securities - Collateral security.
Bonds issued pursuant to provisions of the Oklahoma State
University Medical Authority Act are hereby made securities in which
all public officers and public boards, agencies and
instrumentalities of the state and its political subdivisions, all
banks, trust companies, trust and loan associations, investment
companies, and others carrying on a banking business, and all
insurance companies and insurance associations, and others carrying
on an insurance business, may legally and properly invest. Such
bonds are also approved as collateral security for the deposit of
any public funds and for the investment of trust funds.
Added by Laws 2006, c. 287, § 14, emerg. eff. June 7, 2006.
§63-3285. Annual report to Governor and Legislature.
The Oklahoma State University Medical Authority shall submit an
annual report to the Governor, the President Pro Tempore of the
Senate and the Speaker of the House of Representatives. Such report
shall be submitted in accordance with the requirements for financial
statement audits in Section 212A of Title 74 of the Oklahoma
Statutes, and shall include an account of the operations and actions
of the Authority and an accounting of all revenue received and
disbursed by the Authority for the previous fiscal year. The report
shall include an accounting of expenses related to each of the
following:
1. Education and training of students of the Oklahoma State
University, resident physicians and others;
2. Care and treatment of patients for whom the Authority
receives any form of state or federal reimbursement; and
3. Research.
Added by Laws 2006, c. 287, § 15, emerg. eff. June 7, 2006.
§63-3286. Oklahoma State University Medical Authority Disbursing
Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State University Medical Authority, to be
Oklahoma Statutes - Title 63. Public Health and Safety Page 1591
designated the "Oklahoma State University Medical Authority
Disbursing Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of appropriated
revenues and federal entitlements. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Oklahoma State University Medical Authority for the
purpose of operating the Oklahoma State University Medical Center
and supporting the residency program of the Oklahoma State
University Center for Health Sciences.
Added by Laws 2006, c. 287, § 16, emerg. eff. June 7, 2006. Amended
by Laws 2009, c. 1, § 2, emerg. eff. March 9, 2009.
§63-3287. Repealed by Laws 2023, c. 334, § 4, eff. Nov. 1, 2023.
§63-3288. Regulation of traffic and parking on Oklahoma State
University Medical Authority property - Appointment of campus police
officers and guards.
A. The Oklahoma State University Medical Authority may regulate
traffic and the parking of vehicles on property used by or for the
Oklahoma State University Medical Authority. Such regulations shall
be in writing, and copies thereof, including amendments thereto,
shall be filed in the office of the Secretary of State, and in the
office of the city clerk of the City of Tulsa. The municipal court
of the City of Tulsa shall have jurisdiction to hear and determine
prosecutions for violations of such regulations, which may be
prosecuted and shall be punishable as violations of ordinances of
the City of Tulsa. The Authority may cause to be removed, and may
enter into contracts for such purpose, any vehicle parked in
violation of such regulations.
B. The Authority may appoint campus police officers and guards
for buildings and grounds of the Oklahoma State University Medical
Authority in the same manner and with the same powers as campus
police appointed by governing boards of state institutions for
higher education under the provisions of Section 360.15 et seq. of
Title 74 of the Oklahoma Statutes, and who may prevent or stop
improper conduct and trespass in and upon such buildings and
grounds, and make arrests and prosecute any and all persons arrested
for such improper conduct and trespassing. Employees of the
Authority serving as police officers shall be certified as provided
for in Section 3311 of Title 70 of the Oklahoma Statutes.
C. The Authority and the City of Tulsa may enter into a
cooperative agreement to effectuate the provisions of this section.
Added by Laws 2006, c. 287, § 18, emerg. eff. June 7, 2006.
§63-3289. Resident physicians of Oklahoma State University Center
for Health Sciences - Payroll, benefits and employment status -
Termination of privileges.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1592
The Oklahoma State University Medical Authority is authorized to
place resident physicians of the Oklahoma State University Center
for Health Sciences on the Oklahoma State University Medical
Authority payroll, and is further authorized to acquire health,
life, and dental insurance for such residents. Such residents shall
not be considered employees of the Authority and shall not be
eligible to participate in the Oklahoma Public Employees Retirement
System. This section shall not preclude the right of the Oklahoma
State University Medical Authority to terminate, for cause, the
practicing privileges of any resident physician within the Oklahoma
State University Medical Authority.
Added by Laws 2006, c. 287, § 19, emerg. eff. June 7, 2006.
§63-3290. Oklahoma State University Medical Trust.
A. The State of Oklahoma expressly approves the creation of a
public trust to be named the “Oklahoma State University Medical
Trust”, of which the State of Oklahoma shall be the beneficiary,
provided such approval shall be contingent upon satisfaction of the
following conditions:
1. Finalizing of the declaration of trust;
2. Adoption of the declaration of trust by an official action
of the trustees of the Trust;
3. Submission of the Trust for acceptance of the beneficial
interest and approval as required by Section 177 of Title 60 of the
Oklahoma Statutes; and
4. The approved declaration of trust shall:
a. clearly state that the principal purpose of the
Oklahoma State University Medical Trust is to
effectuate the purposes of the Oklahoma State
University Medical Authority as established in the
Oklahoma State University Medical Authority Act,
b. except as otherwise provided by law, provide that the
title to real property held by the Oklahoma State
University Medical Authority shall not be transferred,
conveyed, or assigned to the Oklahoma State University
Medical Trust without the express consent of the
Legislature as the governing entity of the beneficiary
pursuant to Section 176 of Title 60 of the Oklahoma
Statutes,
c. provide that any indebtedness incurred by the Oklahoma
State University Medical Trust or the trustees of the
Trust shall not be secured with or create a lien upon
real property to which title is held by the Oklahoma
State University Medical Authority and shall not
involve the bonding capacity of the Oklahoma State
University Medical Authority,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1593
d. provide that the trust estate of the Oklahoma State
University Medical Trust shall not include fee simple
title to real property owned by the Oklahoma State
University Medical Authority,
e. clearly state that the creation of the Oklahoma State
University Medical Trust shall not in any way reduce,
limit or interfere with the power granted to the
Oklahoma State University Medical Authority in the
Oklahoma State University Medical Authority Act,
f. provide that any lease or contractual agreement
involving use of the real property to which title is
held by the Oklahoma State University Medical
Authority and any improvements thereto shall contain a
provision and covenants requiring the proper
maintenance and upkeep of the real property and
improvements,
g. provide that the trustees of the Oklahoma State
University Medical Trust shall be the acting members
of the Oklahoma State University Medical Authority as
provided in the Oklahoma State University Medical
Authority Act, and
h. provide that the trustees of the Oklahoma State
University Medical Trust shall have the duty to submit
an annual report to the Governor, the President Pro
Tempore of the Oklahoma State Senate and the Speaker
of the Oklahoma House of Representatives. The report
shall be submitted by January 1 of each year and shall
include an account of all operations, actions of the
Trust, account of all revenue received and disbursed
by the Trust for the previous fiscal year. The report
shall also provide a complete accounting of how the
Trust meets its primary function of effectuating the
purposes of the Oklahoma State University Medical
Authority, as established in the Oklahoma State
University Medical Authority Act.
B. The Oklahoma State University Medical Trust shall require
any agreements which it enters into with any entity pursuant to
Section 3292 of this title for the operations of facilities leased
by the Oklahoma State University Medical Authority to the Trust to
include, but not be limited to:
1. The inclusion of all the members of the Trust, except the
Chief Executive Officer of the Oklahoma Health Care Authority, as
five of the six members representing the State of Oklahoma in a
governing committee, and the sixth member of the governing committee
representing the State of Oklahoma to be designated by the President
of Oklahoma State University;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1594
2. Binding arbitration shall not be required by such agreements
for resolving issues under consideration by the governing committee;
and
3. Major decisions shall be resolved by the governing
committee, and approval of any major decision by the governing
committee must include the approval of a majority of the state
appointees and the approval of a majority of the private entity
appointees to the governing committee. Major decisions shall
include:
a. approval of the operating and capital budgets,
b. sale or disposition of assets over Five Hundred
Thousand Dollars ($500,000.00),
c. the termination or transfer or material addition or
material diminution of medical services at the
Oklahoma State University Medical Center related to
and part of a teaching program of the Oklahoma State
University Center for Health Sciences, and
d. other major decisions as may be agreed upon by the
Trust and the private entity.
C. To the extent it is determined by legislative enactment that
the Trust has expended funds in contravention of its mission as set
forth in this section, the Trust shall remit, upon thirty (30) days’
written notice from the Oklahoma State University Medical Authority,
such sum or sums to the Oklahoma State University Medical Authority.
D. In the event the Trust enters into a joint venture or
acquires an interest in a not-for-profit entity to effectuate the
administration of the mission of the Trust, that entity shall not be
subject to the Oklahoma Open Meeting Act and the Oklahoma Open
Records Act. Any information submitted to or compiled by the Trust
with respect to marketing plans, financial statements, trade
secrets, research concepts, methods or products or any other
proprietary information submitted to or compiled by the Trust,
persons, firms, associations, partnerships, agencies, corporations,
institutions of higher education, nonprofit research institutions or
other entities shall be confidential, except to the extent that the
person or entity which provided such information or which is the
subject of such information consents to disclosure. Executive
sessions may be held to discuss such materials if deemed necessary
by the Trust. The provisions of this subsection shall not apply to
budgetary information related to appropriations or the
appropriations process.
Added by Laws 2006, c. 287, § 20, emerg. eff. June 7, 2006. Amended
by Laws 2016, c. 387, § 2, emerg. eff. June 6, 2016; Laws 2023, c.
334, § 3, eff. Nov. 1, 2023.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1595
§63-3291. Submission of certain agreements to Contingency Review
Board - Declaratory judgment of validity by Supreme Court of
Oklahoma.
A. Contingent upon the creation of the Oklahoma State
University Medical Trust as provided in Section 20 of this act, the
Trust, prior to acceptance, shall submit to the Contingency Review
Board for review the proposed agreement regarding the lease and
operations of any hospital or hospitals owned by the Oklahoma State
University Medical Authority to any entity authorized to transact
business in the state and an independent statement as to the
fairness of said proposed agreement for the State of Oklahoma. The
Contingency Review Board shall upon receipt of the proposed
agreement meet within fifteen (15) business days to review the
proposed agreement; and unless the Contingency Review Board
disapproves the proposed agreement, the agreement may be executed
but no lease of the hospital or hospitals shall become effective
until after Supreme Court approval pursuant to subsection B of this
section.
B. 1. If a proposed agreement is not disapproved by the
Contingency Review Board pursuant to subsection A of this section,
the Oklahoma State University Medical Authority and Oklahoma State
University Medical Trust, within thirty (30) calendar days after the
time for Contingency Review Board action has expired, may file a
petition with the Supreme Court of Oklahoma for a declaratory
judgment determining the validity of the proposed agreement. The
review of the Court shall be based upon the exercise of any of the
powers, rights, privileges, and functions conferred upon the
authority or the Oklahoma State University Medical Trust, as
applicable, under the Oklahoma State University Medical Authority
Act and Oklahoma laws. Exclusive original jurisdiction is conferred
upon the Supreme Court to hear and determine such petitions. The
Supreme Court shall give such petitions precedence over other
business of the Court except habeas corpus proceedings.
2. Notice of the hearing of such a petition shall be given by a
notice published in a newspaper of general circulation in this state
that on a day specified the Supreme Court will hear the petition to
approve the proposed agreement and enter a declaratory judgment.
The notice shall be published one time not less than ten (10) days
prior the date specified for the hearing. The notice shall inform
property owners, taxpayers, citizens and all persons having or
claiming any right, title, or interest in the proposed agreement or
properties or funds to be affected by the implementation of the
proposed agreement, or affected in any way thereby, that they may
file protests against the approval of the proposed agreement, and be
present at the hearing to contest the legality of the proposed
agreement. The hearing may be adjourned from time to time at the
discretion of the Court.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1596
3. If the Court is satisfied that the proposed agreement is in
accordance with the Oklahoma State University Medical Authority Act
and Oklahoma laws, the Court shall enter a declaratory judgment
approving and declaring the proposed agreement to be valid and
conclusive as to the Authority, the Trust, and all other parties to
the proposed agreement; and, upon petition of the Authority, shall
issue an order permanently enjoining all persons described in the
notice required by this subsection from thereafter instituting any
action or proceeding contesting the validity of the proposed
agreement. A declaratory judgment rendered pursuant to this
subsection shall have force and effect of a final judgment or decree
and shall be incontestable in any court in this state.
4. As used in the Oklahoma State University Medical Authority
Act, "proposed agreement" means one or more contracts regarding the
lease and operations of any hospital or hospitals owned by the
Oklahoma State University Medical Authority and all other agreements
contemplated by or referred to in the contract regarding such lease
and operations.
Added by Laws 2006, c. 287, § 21, emerg. eff. June 7, 2006.
§63-3292. Leases from Oklahoma State University Medical Authority
to Oklahoma State University Medical Trust - Transfers of title -
Other agreements.
A. Contingent upon the creation of the Oklahoma State
University Medical Trust as provided in Section 20 of this act, the
Oklahoma State University Medical Authority is hereby authorized to
lease, for a term of not more than fifty (50) years, renewable at
the option of the Authority, all real property owned by the
Authority and any other sites under the control of the Authority to
the Oklahoma State University Medical Trust. Any lease agreement
made pursuant to this section shall be contingent upon:
1. Prior review by the Attorney General of any contractual
agreement between the Oklahoma State University Medical Trust and
any entity authorized to transact business in the State of Oklahoma
regarding the lease and operations. The Attorney General shall
disapprove the agreement if it is determined that provisions of the
agreement are not consistent with state law; and
2. The execution of an operating and lease agreement between
the Oklahoma State University Medical Trust and any entity
authorized to transact business in the State of Oklahoma.
B. Concurrent with the execution of a lease of real property
from the Oklahoma State University Medical Authority to the Oklahoma
State University Medical Trust as provided in subsection A of this
section, the Authority is authorized to transfer title to and
possession of all tangible and intangible personal property under
its control to the Trust. In any contractual agreement regarding
the lease and operations of a hospital or hospitals between the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1597
Oklahoma State University Medical Trust and any entity authorized to
transact business in the State of Oklahoma, the Trust is authorized
to sell or otherwise convey to such entity all tangible and
intangible personal property the Trust may receive from the Oklahoma
State University Medical Authority. Any contract or other agreement
which purports to exercise the powers authorized by this subsection
is subject to review by the Contingency Review Board, as specified
in Section 21 of this act.
C. If a contracting entity fails to take possession of the
leased premises, or abandons or surrenders possession of the leased
premises other than to a state agency, at any time during the term
of the lease between the Oklahoma State University Medical Trust and
the contracting entity, the interest in the real property leased to
the Oklahoma State University Medical Trust by the Oklahoma State
University Medical Authority shall revert to and be the sole and
exclusive property of the Oklahoma State University Medical
Authority.
D. Contingent upon the execution of an agreement between the
Oklahoma State University Medical Trust and any entity authorized to
transact business in the State of Oklahoma, as specified in
subsection A of this section, the Oklahoma State University Medical
Authority is authorized to enter into an agreement for such entity
to provide patient care services and perform other related duties
imposed upon the Oklahoma State University Medical Authority by law.
Such an agreement between the Oklahoma State University Medical
Authority and such entity is exempt from the requirements of the
Oklahoma Central Purchasing Act and any rules adopted by the
Oklahoma State University Medical Authority pursuant to the
Administrative Procedures Act. The governing committee created by
the agreement and the Oklahoma State University Medical Trust shall
be subject to the Open Meeting Act and the Open Records Act to the
same extent and with the same exceptions as provided to for the
Oklahoma State University Medical Authority in Section 5 of this act
and shall be exempt from the Oklahoma Central Purchasing Act.
Added by Laws 2006, c. 287, § 22, emerg. eff. June 7, 2006.
§63-3293. Oklahoma State University Medical Trust Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State University Medical Trust to be designated the
"Oklahoma State University Medical Trust Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of appropriated revenues. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Oklahoma State University Medical Trust.
Added by Laws 2006, c. 287, § 23, emerg. eff. June 7, 2006.
§63-3294. Emergency Medicine Revolving Fund.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1598
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State University Medical Trust to be designated the
"Emergency Medicine 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 State University Medical Trust
from appropriations. All monies accruing to the credit of said fund
are hereby appropriated and may be budgeted and expended by the
Oklahoma State University Medical Trust for the purpose of training
students within an American College of Surgeons Level I Trauma
Center or centers operated by the Oklahoma State University Medical
Trust or an affiliated entity approved by the Trust. Expenditures
from said 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 2025, c. 386, § 4, eff. Sept. 1, 2025.
§63-3301. Joint Legislative Commission to Study and Evaluate the
Operations of the Oklahoma State University Center for Health
Sciences and the Indigent Health Care System in the Tulsa
Metropolitan Service Area - Membership - Duties and
responsibilities.
A. There is hereby created until February 6, 2006, a Joint
Legislative Commission to Study and Evaluate the Operations of the
Oklahoma State University Center for Health Sciences and the
Indigent Health Care System in the Tulsa Metropolitan Service Area.
The Commission shall be composed of nine (9) members as follows:
1. Three members from the House of Representatives, to be
appointed by the Speaker of the House of Representatives;
2. Three members from the Senate, to be appointed by the
President Pro Tempore of the Senate; and
3. Three members from the Office of the Governor, to be
appointed by the Governor.
B. The co-chairpersons of the Commission shall be appointed by
the Speaker of the House of Representatives and the President Pro
Tempore of the Senate. Five members shall constitute a quorum. A
quorum shall be present to conduct official business of the
Commission. Vacancies on the Commission shall be filled by the
authority where such vacancies exist. The Commission shall commence
work not later than July 15, 2005.
C. Supportive services shall be provided by the staff of the
Oklahoma House of Representatives and the State Senate. The
Commission shall also have the authority to hire such consultants or
auditors as deemed necessary to accomplish the duties and
responsibilities of the Commission. The expense of hiring any
consultants or auditors shall be paid by the Oklahoma State
Oklahoma Statutes - Title 63. Public Health and Safety Page 1599
University Center for Health Sciences and/or private or foundation
funds.
D. The duties and responsibilities of the Commission shall
include, but not be limited to:
1. Study, evaluate and investigate the management and
operations of the Oklahoma State University Center for Health
Sciences, including any relationships currently existing or proposed
with hospitals in the Tulsa Metropolitan Service Area;
2. Evaluate the mission and ability of the Oklahoma State
University Center for Health Sciences in providing medical teaching
and residency programs to prepare doctors for placement in rural
Oklahoma communities;
3. Investigate potential options for providing a stable
teaching hospital environment for the continuation of residency
programs for the Oklahoma State University Center for Health
Sciences;
4. Audit and study all financial arrangements or proposed
financial agreements related to maintaining the highest quality
medical teaching and residency program possible for the Oklahoma
State University Center for Health Sciences; and
5. Study, make recommendations, and submit a written report to
the Legislature and the Governor by December 15, 2005, regarding the
Oklahoma State University Center for Health Sciences and the future
of the delivery and efficiency of teaching, residency, and medical
services across rural Oklahoma and the delivery of care to the
indigent, underserved, and nonindigent populations of the Tulsa
Metropolitan Service Area. The report shall include, at a minimum,
recommendations for appropriate written agreements for the lease and
management of facilities, provision of indigent care, and
recommended minimum levels of state appropriations required for the
achievement of a long-term solution for graduate medical education
at the Oklahoma State University Center for Health Sciences.
E. In performing its duties and responsibilities, the
Commission may hold public hearings in various geographical
locations of the state and may invite individuals and organizations
to make presentations to the Commission. The Commission is further
granted the authority to administer oaths, subpoena witnesses and
records, and to hear evidence.
F. Travel reimbursement shall be the responsibility of the
appointing authority and shall be subject to the State Travel
Reimbursement Act. Legislative members to the Commission shall be
reimbursed pursuant to the provisions of Section 456 of Title 74 of
the Oklahoma Statutes.
G. The Commission shall not be subject to the provisions of the
Oklahoma Open Records Act with respect to any proprietary
information, financial information related to a private for-profit
business entity or a nonprofit organization, or other information
Oklahoma Statutes - Title 63. Public Health and Safety Page 1600
that would place a business entity or nonprofit organization at a
competitive disadvantage or that the entity would not disclose to a
third party without the requirement of judicial process. The
Commission may require that documents and records that it requests
or that it compels be produced for its review subject to a
protective order that prohibits disclosure of the information
provided to any person other than a member of the Commission or its
designated agents or representatives.
Added by Laws 2005, c. 410, § 4, eff. July 1, 2005.
§63-3310. Public trust hospitals — Joint ventures — Exemption from
Oklahoma Open Meeting Act and Oklahoma Open Records Act.
In the event a public trust hospital enters into a joint venture
with or acquires an interest in a not-for-profit entity to
effectuate the administration of the mission of the public trust,
that entity shall not be subject to the Oklahoma Open Meeting Act
and the Oklahoma Open Records Act. Any information submitted to or
compiled by the public trust with respect to marketing plans,
financial statements, trade secrets, research concepts, methods or
products or any other proprietary information submitted to or
compiled by the trust, persons, firms, associations, partnerships,
agencies, corporations, institutions of higher education, nonprofit
research institutions, or other entities shall be confidential,
except to the extent that the person or entity which provided such
information or which is the subject of such information consents to
disclosure. Executive sessions may be held to discuss such
materials if deemed necessary by the trust. The provisions of this
section shall not apply to budgetary information related to
appropriations or the appropriations process. For purposes of this
section, "public trust hospital" is defined as any hospital created
pursuant to Section 176.1 of Title 60 of the Oklahoma Statutes or
Section 790.1 of Title 19 of the Oklahoma Statutes.
Added by Laws 2025, c. 223, § 1, eff. Nov. 1, 2025.
§63-3401. Short title — Lori Brand Patient Bill of Rights Act of
2025.
This act shall be known and may be cited as the “Lori Brand
Patient Bill of Rights Act of 2025”.
Added by Laws 2025, c. 289, § 1, eff. Nov. 1, 2025.
§63-3401.1. Patients' rights.
A. Each patient treated in this state shall have the following
rights when being treated:
1. To receive considerate and respectful care, provided in a
safe environment, free from all forms of abuse, neglect, harassment,
and exploitation;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1601
2. To receive information in plain language and in a manner
that is accessible and timely. Communications with the patient
shall be effective and provided in a manner that facilitates
understanding to the best of the patient’s ability.
a. For a patient with one or more disabilities, the right
conferred by this paragraph shall include the use of
accessible websites and the provision of auxiliary
aids and services at no cost to the individual in
accordance with the Americans with Disabilities Act of
1990 and Section 504 of the Rehabilitation Act of
1973.
b. For a patient with limited English proficiency, the
right conferred by this paragraph shall include the
provision of language services at no cost to the
individual, including oral interpretation and written
translations;
3. To receive as much information about any proposed treatment
or procedure as he or she may need in order to give informed consent
or to refuse the course of treatment. Except in emergencies, this
information shall include a description of the procedure or
treatment, the medically significant risks involved in the procedure
or treatment, alternate courses of treatment or nontreatment and the
risks involved in each, and the name of the person who shall carry
out the procedure or treatment;
4. To execute an advance directive for health care concerning
treatment or to designate a surrogate decision-maker with the
expectation that the hospital will honor the intent of that
directive to the extent allowed by law and hospital policy. The
health care provider shall advise a patient of his or her rights
under state law and hospital policy to make informed medical
decisions, ask if the patient has an advance directive, and include
that information in patient records. The patient has the right to
timely information about hospital policy that may limit its ability
to implement a legally valid advance directive;
5. To participate in the development and implementation of his
or her plan of care and to actively participate in decisions
regarding his or her medical care;
6. To accept medical care or to refuse treatment, to the extent
permitted by law, and to be informed of the consequences of such
refusal;
7. To be informed of his or her rights as a patient in advance
of, or when discontinuing, the provision of care. The patient may
appoint a representative to receive this information should he or
she so desire;
8. To have a family member or representative of his or her
choice notified promptly of his or her admission to the hospital;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1602
9. To request that no information regarding his or her
admittance, diagnosis, or treatment be released;
10. To review and obtain a copy of the medical records
pertaining to his or her medical care, with full disclosure of any
associated fees for such copies, except when restricted by law;
11. To receive reasonable continuity of care, when appropriate,
and to be informed by the doctor and other caregivers of available
and realistic patient care options when hospital care is no longer
appropriate;
12. To confidential treatment of all communications and records
pertaining to his or her care and stay at the hospital;
13. To expect that, within its capability, capacity, and
policies, the hospital shall make a reasonable response to the
request of a patient for appropriate and medically directed care and
services. The hospital shall provide evaluation, service, and a
referral as indicated by the urgency of the case. When medically
appropriate and legally permissible, or when a patient has requested
a transfer, that patient may be transferred to another facility.
The receiving facility shall have first agreed to accept the patient
for transfer. The patient shall also have the benefit of the
complete information and explanation concerning the need for, risks
and benefits of, and alternatives to such a transfer;
14. To a mechanism, which shall be implemented and maintained
by the hospital, for the consideration of ethical issues arising in
the care of patients, and to education on ethical issues in health
care, which the hospital shall provide to caregivers and patients;
15. To be advised of the hospital’s complaint or grievance
process should the patient wish to communicate a concern regarding
the quality of care he or she receives and to be advised of whom to
contact to file a complaint. The patient shall be provided with a
written notice of the complaint determination that contains the name
of the hospital’s contact person, the steps taken on the patient’s
behalf to investigate the complaint, the results of the complaint
and, when possible, the resolution of the complaint concerning the
quality of care;
16. To examine and receive an explanation of his or her bill
regardless of source of payment;
17. To remain free from restraints or seclusion in any forms
that are not medically necessary or are used as a means of coercion,
discipline, convenience, or retaliation by staff;
18. To receive the visitors whom he or she designates,
including, but not limited to, a spouse, a domestic partner, another
family member, or a friend. The patient has the right to withdraw
or deny consent at any time. Visitation shall not be restricted,
limited, or otherwise denied on the basis of race, color, national
origin, religion, sex, or disability; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1603
19. For a patient who is a Medicare beneficiary, to be
informed, through use of the hospital-issued notice of noncoverage,
in advance of procedures or treatment for which Medicare may deny
payment, including a statement that the beneficiary may be
personally responsible for full payment if Medicare denies payment.
B. A patient, guardian of a patient, or legally authorized
representative of a patient shall have the following
responsibilities:
1. To provide accurate and complete information concerning the
patient’s present complaints, past illnesses, hospitalizations,
medications, and other matters relating to his or her health;
2. To report perceived risks in the patient’s care and
unexpected changes in his or her condition to the responsible health
care provider;
3. For the patient’s actions should he or she refuse treatment
or not follow his or her doctor’s orders;
4. To ask questions when the patient does not understand what
he or she has been told about the patient’s care or what he or she
is expected to do;
5. To be considerate of the rights of other patients and
hospital personnel;
6. To participate in educational and discharge planning
activities necessary to ensure that he or she has adequate knowledge
and support services to provide him or her with a safe environment
upon discharge from the hospital;
7. To ask the doctor or nurse what to expect regarding pain
management, to discuss pain relief options with doctors and nurses
and to help develop a pain management plan, to ask for pain relief
when pain first begins, to help doctors and nurses assess the
patient’s pain, to tell the doctors and nurses if his or her pain is
not relieved, and to tell doctors and nurses about any concerns
about taking pain medication;
8. To keep appointments and to notify the hospital or doctor
when he or she is unable to do so;
9. To be respectful of his or her personal property and that of
other patients in the hospital;
10. To follow hospital procedures; and
11. To ensure that the financial obligations of his or her care
are fulfilled as promptly as possible.
C. Any minor patient has the following rights when being
treated in this state:
1. To be treated with respect in regards to:
a. each child and adolescent as a unique individual, and
b. the caretaking role and individual response of the
parent and legal guardian;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1604
2. To provisions for normal physical and physiological needs of
a growing child including nutrition, rest, sleep, warmth, activity,
and freedom to move and explore. Minors shall have the right to:
a. appropriate treatment in the least restrictive
setting,
b. not receive unnecessary or excessive medication,
c. an individualized treatment plan and the right to
participate in the plan,
d. a humane treatment environment that provides
reasonable protection from harm and appropriate
privacy for personal needs,
e. separation from adult patients when possible, and
f. regular communication between the minor patient and
the patient’s family or legal guardian;
3. To consistent, supportive, and nurturing care;
4. To provisions for self-esteem needs which shall be met by
attempts to give the minor:
a. the reassuring presence of a parent or legal guardian,
b. freedom to express feelings or fears with appropriate
reactions,
c. as much control as possible over both self and
situation,
d. opportunities to work through experiences before and
after they occur, verbally, in play, or in other
appropriate ways, and
e. recognition for coping well during difficult
situations;
5. To provisions for varied and normal stimuli of life which
contribute to cognitive, social, emotional, and physical
developmental needs such as play and educational and social
activities essential to all children and adolescents;
6. To information about what to expect prior to, during, and
following a procedure or experience and support in coping with it;
7. To participate in decisions with a parent or legal guardian
affecting his or her own medical treatment; and
8. To the minimization of stay duration by recognizing
discharge planning needs.
D. Notwithstanding subsection C, parents or legal guardians
have the final say in their minor child’s medical care as specified
in Section 2002 of Title 25 of the Oklahoma Statutes, subject to the
provisions of Title 63 of the Oklahoma Statutes.
E. Each parent or legal guardian of minor patients in this
state shall have the following responsibilities:
1. To continue in his or her parenting role to the extent of
his or her ability; and
2. To be available to participate in decision-making and
provide staff with knowledge of other parent or family whereabouts.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1605
Added by Laws 2025, c. 289, § 2, eff. Nov. 1, 2025.
§63-4001. Short title.
Sections 4002 through 4043 of this title shall be known and may
be cited as the "Oklahoma Vessel and Motor Registration Act".
Added by Laws 1989, c. 346, § 1, eff. Jan 1, 1990. Amended by Laws
1990, c. 304, § 1, emerg. eff. May 30, 1990.
§63-4002. Definitions.
As used in the Oklahoma Vessel and Motor Registration Act:
1. “Boat livery” means a business establishment engaged in
renting or hiring out vessels for profit;
2. “Canoe” means a light narrow vessel with both ends typically
tapered to a sharp point which is propelled solely by its occupants,
using a single-bladed paddle as a lever without the aid of a fulcrum
provided by oarlocks, thole pins, crutches, or similar arrangements;
3. “Certificate of documentation” means a document issued by
the United States Coast Guard which is legal proof of ownership of a
vessel;
4. “Certificate of registration” means a document which is
legal proof of registration of a vessel or motor;
5. “Certificate of title” means a document which is proof of
legal ownership of a vessel or motor;
6. “Service Oklahoma” means:
a. Service Oklahoma, or
b. the equivalent vessel registration and licensing
agency of a federally recognized Indian tribe in this
state;
7. “Dealer” means any person engaged in the business of
selling, trading, renting with option to purchase, or attempting to
negotiate or negotiating sales or exchanges of interests in new or
used vessels or motors, or new and used vessels or motors, or any
combination thereof;
8. “Dealer agreement” means the agreement, authorization, or
written contract between a manufacturer and distributor and a new
vessel dealer which purports to establish the legal rights and
obligations of the parties to the agreement, authorization, or
written contract with regard to the purchase and sale of new vessels
or new motors;
9. “Designated successor” means one or more persons nominated
by the new vessel dealer, in a written document filed by the dealer
with the manufacturer or distributor at the time the dealer
agreement is executed, to succeed the dealer in the event of the
dealer’s death or incapacity. If a designated successor is not able
to succeed the new vessel dealer because of the designated
successor’s death or legal incapacity, the dealer shall execute a
Oklahoma Statutes - Title 63. Public Health and Safety Page 1606
new document nominating a designated successor within sixty (60)
calendar days after the date of the death or incapacity;
10. “Distributor” means a person, resident or nonresident, who
in whole or in part offers for sale, sells, or distributes a new
vessel or new motor to a new vessel dealer or who maintains a
factory representative, resident or nonresident, or who controls a
person, resident or nonresident, who in whole or in part offers for
sale, sells, or distributes a new vessel or new motor to a new
vessel dealer;
11. “Distributor branch” means a branch office similarly
maintained by a distributor or wholesaler for the same purposes a
factory branch is maintained;
12. “Distributor representative” means any person, firm,
association, corporation, or trust and each officer and employee
thereof engaged as a representative of a distributor or distributor
branch of vessels or motors, for the purpose of making or promoting
the sale of his, her, its, or their vessels or motors, or for
supervising or contacting his, her, its, or their dealers or
prospective dealers;
13. “Documented vessel” means any vessel in this state which
shall have and carry on board the original certificate of
documentation in legible form as issued by the United States Coast
Guard or federal agency successor thereto. All documented vessels
shall be required to display a current State of Oklahoma annual
registration decal;
14. “Factory branch” means a branch office maintained by a
person, firm, association, corporation, or trust who manufactures or
assembles vessels or motors for the sale of vessels or motors to
distributors, or for the sale of vessels or motors to dealers, or
for directing or supervising, in whole or in part, its
representatives;
15. “Factory representative” means any person, firm,
association, corporation, or trust and each officer and employee
thereof engaged as a representative of a manufacturer of vessels or
motors or by a factory branch, for the purpose of making or
promoting the sale of his, her, its, or their vessels or motors, or
for supervising or contacting his, her, its, or their dealers or
prospective dealers;
16. “Hull identification number” means the serial number
affixed to the outside of the hull of a vessel on the upper
starboard side (right) corner of the transom (back wall) which is
assigned by the manufacturer or Service Oklahoma;
17. “Inboard motor” means an internal combustion engine mounted
inside a vessel which provides the transfer of power to move a
vessel through the water;
18. “Inboard/outboard motor” means an internal combustion
engine mounted inside a vessel and an external stern drive attached
Oklahoma Statutes - Title 63. Public Health and Safety Page 1607
through the transom of the vessel providing the transfer of power to
move the vessel through the water;
19. “Johnboat” means a narrow, flat-bottomed square-ended
vessel propelled by a pole, paddle, or a motor of less than ten (10)
horsepower;
20. “Kayak” means a light, narrow vessel with both ends
typically tapered to a sharp point and propelled by human muscular
effort by one or more individuals seated inside or on top of the
vessel using double-bladed paddles, hand cranks, or pedals;
21. “Kiteboard” means a vessel, similar in appearance to a
surfboard, with or without foot straps or bindings, combined with a
large controllable kite to propel the rider and board across the
water;
22. “Lifeboat” means a vessel carried on another vessel in
excess of sixty-five (65) feet for use if such other vessel has to
be abandoned;
23. “Manufacturer” means a person who manufactures or assembles
new vessels or new motors, or a distributor, factory branch, or
factory representative;
24. “Motor” means any internal combustion engine mounted at the
stern of a vessel or placed inside a vessel which provides the
transfer of power to move the vessel through the water;
25. “New vessel dealer” means a person who holds a dealer
agreement granted by a manufacturer or distributor for the sale of
the manufacturer’s or distributor’s vessels or motors, who is
engaged in the business of purchasing, selling, exchanging, or
dealing in new vessels or new motors, and who has an established
place of business;
26. “Operate” means to navigate or be in actual physical
control of a vessel or otherwise use a vessel or motor;
27. “Outboard motor” means an internal combustion engine
capable of being externally mounted at the stern of a vessel which
provides the transfer of power to move a vessel through the water;
28. “Owner” means a person, other than a lienholder, having a
property interest in or title to a vessel or motor. The term
includes a person entitled to the use or possession of a vessel or
motor subject to an interest in another person, reserved or created
by agreement and securing payment or performance of an obligation,
but the term excludes a lessee under a lease not intended as
security;
29. “Paddleboard” means a vessel, similar in appearance to a
surfboard, intended to be propelled only by its occupants using a
single- or double-bladed paddle as a lever without the aid of a
fulcrum provided by oarlocks, thole pins, crutches, or similar
arrangements;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1608
30. “Paddleboat” means a vessel less than eight (8) feet in
length designed to be propelled solely by human power through a
belt, chain, or gears;
31. “Permanent number” means the distinctive and unique number
which:
a. Service Oklahoma permanently assigns to a vessel,
irrespective of any change of ownership of the vessel.
The permanent number shall begin with the letters
“OK”, followed by four numerals, and then followed by
two letters, or
b. any federally recognized Indian tribe in this state
assigns to a vessel;
provided, the number is configured as prescribed in 33 C.F.R., Parts
173 and 174;
32. “Person” means a natural person, partnership, corporation,
association, trust, estate, or other legal entity;
33. “Proposed new vessel dealer” means a person who has an
application pending for a new dealer agreement with a manufacturer
or distributor. Proposed new vessel dealer does not include a
person whose dealer agreement is being renewed or continued;
34. “Purchase date” means the purchase date on a bill of sale
or the date of complete assignment of title by the current owner;
35. “Sailboard” means a vessel, similar in appearance to a
surfboard, equipped with a swivel-mounted mast and sail not secured
to a hull by guys or stays;
36. “State” means the State of Oklahoma;
37. “State of principal use” means the state where the vessel
or motor is used, is to be used, or remains for any period in excess
of sixty (60) calendar days;
38. “Vessel” means every device, other than a seaplane on the
water, used or capable of being used as a means of transportation on
water;
39. “Waters of this state” means and includes all waters within
the territorial limits of this state; provided, such phrase shall
not mean or include waters which are entirely owned by a private
person or persons, and to which the public is not permitted access;
and
40. “Water-thrust device” means a device tethered to the water
jet mechanism of a vessel in a manner so that the water jet of the
powering vessel provides propulsion for the attached device. Such
devices shall be considered a component of the powering vessel.
Added by Laws 1989, c. 346, § 2, eff. Jan. 1, 1990. Amended by Laws
1990, c. 304, § 2, emerg. eff. May 30, 1990; Laws 1992, c. 284, § 1,
eff. Jan. 1, 1993; Laws 2003, c. 393, § 1, emerg. eff. June 4, 2003;
Laws 2012, c. 323, § 1, eff. July 1, 2013; Laws 2019, c. 13, § 1,
eff. Nov. 1, 2019; Laws 2022, c. 282, § 199, emerg. eff. May 19,
2022; Laws 2025, c. 248, § 1, eff. Nov. 1, 2025.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1609
§63-4003. Title and annual registration required - Vessels affected
- Outboard motors affected - Sellers, traders and lessors required
to be licensed.
A. 1. Except as otherwise provided in Sections 4005 and 4024
of this title, every vessel in this state, irrespective of whether
used on waters of this state, is required to be titled within thirty
(30) calendar days from the purchase date or from the date the owner
becomes a resident of this state and annually registered under the
provisions of the Oklahoma Vessel and Motor Registration Act,
Section 4002 et seq. of this title. The owner of any such vessel
shall file an application as required by the Oklahoma Vessel and
Motor Registration Act with Service Oklahoma for a certificate of
title, a number, and for the annual registration for such vessel on
forms prescribed and furnished by Service Oklahoma.
2. The provisions of this subsection shall not apply to new
vessels in the inventory or stock of licensed dealers for resale
which new vessels shall be subject to ad valorem taxation.
3. Said provisions shall apply to and cover all used vessels in
the possession and inventory of a dealer except as provided for in
Section 4036 of this title.
B. 1. Except as otherwise provided in Sections 4005 and 4024
of this title, every outboard motor in excess of ten (10) horsepower
in this state, irrespective of whether used on waters of this state,
is required to be titled within thirty (30) calendar days from the
purchase date, or from the expiration of registration, or from the
date the owner becomes a resident of this state and registered under
the provisions of the Oklahoma Vessel and Motor Registration Act.
The owner of any such motor shall file an application as
required by the Oklahoma Vessel and Motor Registration Act for a
certificate of title and for an annual registration for such vessel
on forms prescribed and furnished by Service Oklahoma.
2. The provisions of this subsection shall not apply to new
motors in the inventory or stock of licensed dealers for resale
which such new motors shall be subject to ad valorem taxation.
3. Said provisions shall apply to and cover all used motors in
the possession and inventory of a dealer except as provided for in
Section 4036 of this title.
C. Any person engaged in the business of selling, trading,
renting with option to purchase, or attempting to or negotiating
sales or exchanges of interests in new or used vessels or motors, or
new and used vessels or motors, or any combination thereof shall be
licensed pursuant to Section 4033 of this title.
Laws 1989, c. 346, § 3, eff. Jan. 1, 1990; Laws 1992, c. 284, § 2,
eff. Jan. 1, 1993; Laws 2022, c. 282, § 200, emerg. eff. May 19,
2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1610
§63-4003A. Electronic filing, storage, and delivery of boat and
motor certificates of title.
On or before July 1, 2022, the Oklahoma Tax Commission shall
implement a program which will permit the electronic filing,
storage, and delivery of boat and motor certificates of title and
allow a lienholder to perfect, assign, and release a lien on a boat
or motor in lieu of submission and maintenance of paper documents as
otherwise provided in the provisions of Section 4008 et seq. of
Title 63 of the Oklahoma Statutes. The provisions of this section
shall apply to certificates of title issued and liens filed after
June 30, 2022. The Tax Commission shall promulgate rules to
implement the provisions of this section.
Added by Laws 2022, c. 179, § 2, eff. July 1, 2022.
§63-4004. Administration of act - Promulgation of rules and
preparation of forms and records - Jurisdiction to enforce act and
rules - Determination of factory-delivered price - Manual of
procedure - Rules to comply with certain other laws.
A. It shall be the duty of Service Oklahoma, and Service
Oklahoma is hereby granted authority and jurisdiction to administer
the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq.
of this title, with the aid of its licensed operators and all duly
authorized peace officers of this state.
B. Service Oklahoma is hereby authorized to promulgate all
necessary rules and prepare forms and records to enact and enforce
the provisions of the Oklahoma Vessel and Motor Registration Act.
C. All duly authorized peace officers of this state are hereby
granted authority and jurisdiction to enforce the provisions of and
any rules pertaining to the Oklahoma Vessel and Motor Registration
Act within their jurisdiction.
D. Service Oklahoma shall have the authority in cases of
dispute to determine the factory-delivered price of any vessel or
motor.
E. Service Oklahoma shall periodically cause to be prepared and
shall distribute to each authorized licensed operator a manual of
procedure containing instructions, directions and guidelines to be
followed by all licensed operators in the performance of their
duties regarding vessels and motors.
F. All rules promulgated pursuant to the provisions of this act
shall comply with Article 1 of the Administrative Procedures Act,
Section 250 et seq. of Title 75 of the Oklahoma Statutes. In
addition to other filing requirements of law, such rules shall be
filed with the Commissioner of Public Safety.
Added by Laws 1989, c. 346, § 4, eff. Jan. 1, 1990. Amended by Laws
1992, c. 284, § 3, eff. Jan. 1, 1993; Laws 2022, c. 282, § 201,
emerg. eff. May 19, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1611
§63-4005. Exemptions.
A. A vessel or motor shall not be required to be titled and
registered pursuant to the provisions of the Oklahoma Vessel and
Motor Registration Act if:
1. Such vessel or motor is owned by the United States, a state
other than the State of Oklahoma, any agency thereof, or any
subdivision of the state; provided, however, if such vessel is used
for recreational or rental purposes on the waters of this state, the
vessel shall be registered and numbered in accordance with Section
4002 et seq. of this title;
2. Such vessel or motor is owned by a visiting nonresident and
is currently registered in another state. Provided that if any such
vessel or motor remains in Oklahoma in excess of sixty (60) calendar
days, such vessel or motor shall be registered pursuant to the
provisions of the Oklahoma Vessel and Motor Registration Act and the
registration fees due thereon from the date of entry into Oklahoma
must be paid;
3. Such vessel or motor is from a country other than the United
States provided such vessel or motor does not remain in Oklahoma in
excess of sixty (60) calendar days;
4. Such vessel is used exclusively and solely as a lifeboat;
5. Such vessel is used exclusively and solely for racing
purposes;
6. Such vessel is a commercial flotation device which is issued
a license by the Grand River Dam Authority pursuant to the
provisions of the Scenic Rivers Act; provided, a commercial
flotation device shall be required to be titled pursuant to the
provisions of Section 4008 of this title;
7. Such vessel is a documented vessel provided such documented
vessel shall be required to be registered pursuant to the provisions
of Section 4016 of this title; or
8. Such vessel is a canoe, kayak, kiteboard or paddleboat as
defined in Section 4002 of this title, except that such vessels,
when powered by any means other than human power, shall be titled
and registered pursuant to the provisions of the Oklahoma Vessel and
Motor Registration Act.
B. Motors classified as inboard motors shall not be required to
be titled or registered pursuant to the provisions of the Oklahoma
Vessel and Motor Registration Act.
C. All vessels and motors which are owned by the State of
Oklahoma, its agencies or departments, or political subdivisions
thereof, or which, under the law, would be exempt from direct ad
valorem taxation, shall be titled and registered pursuant to the
provisions of the Oklahoma Vessel and Motor Registration Act.
Provided, all vessels and motors titled and registered to the
Department of Public Safety shall be exempt from all registration
fees.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1612
D. All other vessels shall be titled and registered pursuant to
the provisions of the Oklahoma Vessel and Motor Registration Act.
E. At the request of the owner, any vessel exempt from the
title and registration provisions of this section shall be titled
and registered pursuant to the provisions of the Oklahoma Vessel and
Motor Registration Act for the purposes of proof of ownership or
vessel identification. All title and registration fees shall be
paid by the owner of the vessel.
Added by Laws 1989, c. 346, § 5, eff. Jan. 1, 1990. Amended by Laws
1990, c. 304, § 3, emerg. eff. May 30, 1990; Laws 1992, c. 284, § 4,
eff. Jan. 1, 1993; Laws 1993, c. 321, § 1, emerg. eff. June 7, 1993;
Laws 1994, c. 152, § 1, eff. July 1, 1994; Laws 2005, c. 190, § 16,
eff. Sept. 1, 2005; Laws 2019, c. 13, § 2, eff. Nov. 1, 2019; Laws
2021, c. 98, § 1, eff. Nov. 1, 2021.
§63-4006. Utilization of licensed operators.
Service Oklahoma is hereby authorized and directed to utilize
its licensed operators appointed under the Oklahoma Vehicle License
and Registration Laws in the administration of the Oklahoma Vessel
and Motor Registration Act.
Added by Laws 1989, c. 346, § 6, eff. Jan. 1, 1990. Amended by Laws
2022, c. 282, § 202, emerg. eff. May 19, 2022.
§63-4007. Confidentiality of title and registration information -
Penalties - Copies of certificate of title or registration.
A. Except as otherwise provided by this section, all
information contained in the certificate of title or the
registration of any vessel or motor shall be confidential and
privileged, subject only to disclosure to the following:
1. Any duly authorized peace officer of this state in the
regular course of the peace officer's duties;
2. Any official person or body of any other state or of the
United States, when required in their governmental functions;
3. Any person or firm, when Service Oklahoma is satisfied the
request for information is reasonable and is related primarily to
boating safety;
4. Any filer of a mechanics, storage or abandoned vessel
possessory lien under the applicable provisions of Sections 91
through 200 of Title 42, Section 908 of Title 47 or Section 4217.4
of Title 63 of the Oklahoma Statutes, when such information is
required to fulfill the notification requirements contained therein;
5. Any vessel or motor manufacturer or an authorized
representative thereof in connection with matters of vessel or motor
safety and theft, vessel motor emissions, vessel or motor product
alterations, recalls or advisories, performance monitoring of vessel
or motor parts and dealers, vessel or motor market research
activities, including survey research, and removal of non-owner
Oklahoma Statutes - Title 63. Public Health and Safety Page 1613
records from the original owner records of vessel or motor
manufacturers. The confidentiality of the information shall be
protected, as set out above, and used only for the purpose stated;
provided, further, that Service Oklahoma shall be authorized to
review the use of and the measures employed to safeguard the
information; and provided, further, that the manufacturer or
representative shall bear the cost incurred by Service Oklahoma in
the production of the information requested. If the confidentiality
provisions, pursuant to this section, are violated, the provisions
of subsection D of Section 205 of Title 68 of the Oklahoma Statutes
shall apply and the privilege of obtaining information shall be
terminated. Any manufacturer or representative violating the
provisions of this section, upon conviction, shall be punishable by
a fine not to exceed Fifty Thousand Dollars ($50,000.00); and
6. Any person compiling and publishing vessel or motor
statistics, provided that such statistics do not disclose the names
or addresses of individuals. Such information shall be provided
upon payment of a fee as determined by Service Oklahoma.
B. Service Oklahoma or a licensed operator may furnish the
holder of a security interest in a specific vessel or motor upon
payment of the fee specified by Section 4014 of this title, a copy
or certified copy of the certificate of title or registration
information for such vessel.
Added by Laws 1989, c. 346, § 7, eff. Jan. 1, 1990. Amended by Laws
1992, c. 284, § 5, eff. Jan. 1, 1993; Laws 2004, c. 534, § 12, eff.
Nov. 1, 2004; Laws 2005, c. 479, § 3, eff. July 1, 2005; Laws 2022,
c. 282, § 203, emerg. eff. May 19, 2022.
§63-4008. Application for certificate of title - Transmittal -
Issuance - Confirmation.
Except as otherwise provided in Section 4005 of this title, the
owner of every vessel or motor in this state shall possess a
certificate of title as proof of ownership of such vessel or motor.
Application for a certificate of title, whether an original or
duplicate, may be made to any licensed operator. When application
is made with a licensed operator, the application information shall
be transmitted either electronically or by mail to Service Oklahoma
by the licensed operator. If the application information is
transmitted electronically, the licensed operator shall forward the
required application along with evidence of ownership, where
required, by mail. Where the transmission of application
information cannot be performed electronically, Service Oklahoma is
authorized to provide postage-paid envelopes to licensed operators
for the purpose of mailing the application along with evidence of
ownership, where required. Service Oklahoma shall upon receipt of
proper application information issue an Oklahoma certificate of
title. Such certificates may be mailed to the applicant. Upon
Oklahoma Statutes - Title 63. Public Health and Safety Page 1614
issuance of a certificate of title, Service Oklahoma shall provide
the appropriate licensed operator with confirmation of such
issuance.
Added by Laws 1989, c. 346, § 8, eff. Jan. 1, 1990. Amended by Laws
1992, c. 284, § 6, eff. Jan. 1, 1993; Laws 2022, c. 282, § 204,
emerg. eff. May 19, 2022.
§63-4009. Application for certificate of title or registration -
Contents - Manufacturer's certificate of origin - Identification
number - Homemade vessels - Lien entry form for certain vessels -
Delivery of certificate.
A. The application for a certificate of title and registration
for a vessel or an outboard motor shall be upon a form furnished by
Service Oklahoma and shall contain:
1. A full description of the vessel or outboard motor;
2. The manufacturer's serial and model number or other
identification number;
3. The length of the vessel;
4. The date on which first sold by the manufacturer or dealer
to the owner;
5. Any distinguishing marks;
6. A statement of the applicant's source of title;
7. Whether the vessel is a documented vessel and the number
assigned to such vessel;
8. Any security interest upon said vessel or outboard motor, or
vessel and motor; and
9. Such other information as Service Oklahoma may require.
Every original or duplicate certificate of title and
registration for a vessel or an outboard motor shall contain all
items listed in this subsection.
B. To obtain an original certificate of title for a vessel or
outboard motor that is being registered for the first time in this
state or for a vessel or outboard motor that has not been previously
registered in any other state, the applicant shall be required to
deliver, as evidence of ownership, a manufacturer's certificate of
origin or at the discretion of Service Oklahoma a copy of the
manufacturer's certificate of origin properly assigned by the
manufacturer, distributor, or dealer licensed in this or any other
state shown thereon to be the last transferee to the applicant upon
a form to be prescribed and approved by Service Oklahoma. A
manufacturer's certificate of origin shall contain:
1. The manufacturer's serial or other identification number;
2. Date on which first sold by the manufacturer to the dealer;
3. Any distinguishing marks including model and the year same
was made;
4. A statement of any security interests upon said vessel or
outboard motor, or vessel and motor; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1615
5. Such other information as Service Oklahoma may require.
C. In the absence of a dealer's or manufacturer's number,
Service Oklahoma may assign such identifying number to the vessel or
outboard motor, which shall be permanently stamped, burned or
pressed into or attached onto such vessel or outboard motor.
D. Every dealer selling new or used vessels or outboard motors
and every individual not licensed as a dealer who sells a new or
used vessel or outboard motor shall verify the hull identification
number or serial number is the same as the number on the current
registration of the vessel or outboard motor. The seller of the
vessel or outboard motor shall sign a notarized affidavit, under
penalty of perjury, affirming the numbers are the same.
E. 1. Before a homemade vessel is issued a hull identification
number from Service Oklahoma, the vessel and the motor shall be
inspected by a commissioned officer of the Oklahoma Highway Patrol
Division of the Department of Public Safety or by any other employee
of the Department or any other law enforcement officer of the state
as the Commissioner of Public Safety may designate, pursuant to the
rules promulgated by the Commissioner of Public Safety. For the
purposes of this act, "homemade vessel" means any vessel not
allotted a hull identification number (HIN) by a manufacturer, and
specifically excludes any vessel upon which the hull identification
number has been covered, altered, defaced, destroyed, or removed.
2. The Department of Public Safety is hereby granted authority
and jurisdiction, pursuant to Article 1 of the Administrative
Procedures Act, Section 250 et seq. of Title 75 of the Oklahoma
Statutes, to promulgate, administer and enforce all necessary rules
deemed necessary to implement the provisions of this section.
3. The Department of Public Safety shall prescribe all forms
deemed necessary to implement the provisions of this section.
F. It shall be unlawful to:
1. Improperly display or fail to display a vessel's hull
identification number;
2. Operate or possess a vessel on which the hull identification
number has been removed; or
3. Operate or possess a motor on which the serial number has
been removed.
G. When registering in this state a vessel which was titled in
another state and which title contains the name of a secured party
on the face of the other state certificate of title, Service
Oklahoma or the licensed operator shall complete a lien entry form
as prescribed by Service Oklahoma. A statement of the lien or
encumbrance shall be included on the Oklahoma certificate of title
and the lien or encumbrance shall be deemed continuously perfected
as though it had been perfected pursuant to Section 4013 of this
title. For completing the lien entry form and recording the
security interest on the certificate of title, Service Oklahoma or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1616
the licensed operator shall collect a fee of Three Dollars ($3.00)
which shall be in addition to other fees provided by the Oklahoma
Vessel and Motor Registration Act.
H. Upon payment of all fees and taxes, a certificate of title,
a certificate of registration and, for a vessel, two registration
decals or, for an outboard motor, one registration decal shall be
delivered to the applicant. Provided, yearly decals shall be issued
for vessels and motors titled and registered to the Department of
Public Safety.
Added by Laws 1989, c. 346, § 9, eff. Jan. 1, 1990. Amended by Laws
1992, c. 284, § 7, eff. Jan. 1, 1993; Laws 1997, c. 146, § 8, eff.
Nov. 1, 1997; Laws 1999, c. 332, § 1, eff. Nov. 1, 1999; Laws 2005,
c. 190, § 17, eff. Sept. 1, 2005; Laws 2022, c. 282, § 205, emerg.
eff. May 19, 2022.
§63-4009.1. Serial numbers for outboard motors – Rules - Penalties.
A. 1. Service Oklahoma shall promulgate rules specifying the
location and manner in which serial numbers for outboard motors
shall be affixed. In promulgating such rules, Service Oklahoma
shall consider the existence of voluntary industry standards, the
current state of technology and the overall process of reducing
vessel and motor thefts in this state.
2. Any outboard motor manufactured on or after October 1, 1985,
which is for sale in this state shall comply with the rules
promulgated pursuant to this section.
3. Any person, firm or corporation which sells or offers to
sell any outboard motor or outboard motor part manufactured on or
after October 1, 1985, which does not comply with this subsection
shall be, upon conviction, guilty of a misdemeanor, punishable by a
fine of up to Five Hundred Dollars ($500.00), imprisonment in the
county jail for a period of up to one (1) year, or both such fine
and imprisonment.
B. 1. It is unlawful for any person to knowingly possess any
outboard motor or outboard motor part upon which the serial number
required by subsection A of this section has been removed, erased,
defaced or otherwise altered to prevent identification.
2. It is unlawful for any person to knowingly possess,
manufacture, sell or exchange, offer to sell or exchange, aid in
sale or exchange, supply in blank, authorize or direct, give away,
or to conspire to or attempt to commit any of the previously
mentioned acts, any counterfeit manufacturer's outboard motor or
outboard motor part serial number plate or decal, used for the
purpose of identification of any outboard motor or outboard motor
part, or to conspire or attempt to commit any of these acts.
3. Any person violating any provision of this subsection shall
be, upon conviction, guilty of a Class D3 felony offense and shall
Oklahoma Statutes - Title 63. Public Health and Safety Page 1617
be punished by imprisonment as provided for in subsections B through
F of Section 20P of Title 21 of the Oklahoma Statutes.
C. If any serial number required by this section to identify
ownership of an outboard motor or outboard motor part does not exist
or has been removed, erased, defaced or otherwise altered to prevent
identification, and the true identity cannot be determined, the
outboard motor or outboard motor part may be seized by any peace
officer in this state and shall be subject to forfeiture pursuant to
the procedures established for the law enforcement agency by which
the seizing officer is employed. Such outboard motor or outboard
motor part may not be sold or used to propel a vessel on the waters
of this state unless and until Service Oklahoma issues to the
outboard motor or outboard motor part a replacement identifying
number which shall be affixed to the motor or part and shall
thereafter be used for identification purposes of the motor or part.
Added by Laws 1999, c. 332, § 6, eff. Nov. 1, 1999. Amended by Laws
2022, c. 282, § 206, emerg. eff. May 19, 2022; Laws 2025, c. 486, §
738, eff. Jan. 1, 2026.
§63-4010. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4011. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4012. Sale or transfer of ownership - Assignment of certificate
- Presentment of assigned certificate - Delivery of certificate -
Filing and indexing - Passage of ownership by operation of law -
Homemade vessels - Bills of sale - Duplicate certificates.
A. In the event of the sale or transfer of the ownership of a
vessel or motor for which a certificate of title has been issued,
the holder of such certificate shall endorse on the back of same a
complete assignment thereof with warranty of title in form printed
thereon with a statement of all liens or encumbrances on said vessel
or motor sworn to before a notary public or some other person
authorized by law to take acknowledgments, and deliver same to the
purchaser or transferee at the time of delivery to him of such
vessel or motor. The purchaser or transferee, unless such person is
a bona fide dealer licensed by the State of Oklahoma, shall, within
thirty (30) calendar days from the time of delivery to him of such
vessel or motor, present the assigned certificate of title to
Service Oklahoma, or one of its licensed operators, accompanied by
the fee required pursuant to Section 4014 of this title, together
with any excise tax or registration fee that may be due, whereupon a
new certificate of title, shall be issued to the assignee.
B. A licensed dealer shall, on selling or otherwise disposing
of a vessel or motor, execute and deliver to the purchaser thereof
the certificate of title properly and completely reassigned.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1618
C. Said certificate, when so assigned and returned to Service
Oklahoma, together with any subsequent assignment or reissue
thereof, shall be appropriately filed and indexed so that at all
times it will be possible to trace title to the vessel or motor
designated therein. Provided, when the ownership of any vessel or
motor shall pass by operation of law, the person owning such vessel
or motor may, upon furnishing satisfactory proof to Service Oklahoma
of such ownership, procure a title to said vessel or motor,
regardless of whether a certificate of title has ever been issued.
Provided, however, all homemade vessels shall first comply with the
provisions of subsection D of Section 4009 of this title.
D. The dealer shall execute and deliver to the purchaser bills
of sale for all new vessels or new motors sold by him. On
presentation of a bill of sale by a dealer for a new vessel or motor
sold in this state, accompanied by any fee required by Section 4014
of this title and any excise tax that may be due, a certificate of
title shall be issued.
E. Upon proper proof of a lost certificate of title being made
to Service Oklahoma or one of its licensed operators, accompanied by
an application therefor and payment of the fees required by Section
4014 of this title, a duplicate certificate of title shall be issued
to said applicant.
Added by Laws 1989, c. 346, § 12, eff. Jan. 1, 1990. Amended by
Laws 1992, c. 284, § 8, eff. Jan. 1, 1993; Laws 2022, c. 282, § 207,
emerg. eff. May 19, 2022.
§63-4012.1. TOD title transfer.
A. The title of a vessel or motor that is not subject to any
lien or other encumbrance may be transferred in transfer-on-death
form by filing with Service Oklahoma a written notice of transfer
signed by the transferor and designating the transferee. Such
notice shall transfer ownership of the vessel or motor to the
transferee upon the death of the transferor. The notice shall
include:
1. The identification number of the vessel or motor;
2. The full name and address of the transferor;
3. The full name and address of the transferee; and
4. The signature of the transferor. The signature or consent
of or notice to the transferee shall not be required for any purpose
during the lifetime of the transferor.
B. A designation of the transferee may be revoked or changed at
any time prior to the death of the transferor by filing an amended
notice with Service Oklahoma.
C. To accept a certificate of title of a vessel or motor
pursuant to notice filed under subsection A of this section, the
designated transferee shall execute an affidavit verifying the death
of the transferor owner and submit it to Service Oklahoma. After
Oklahoma Statutes - Title 63. Public Health and Safety Page 1619
the date of the transfer of the vessel or motor as evidenced by the
submitted affidavit and the records of Service Oklahoma, Service
Oklahoma shall issue a title reflecting the transfer of ownership.
Added by Laws 2023, c. 71, § 2, eff. Nov. 1, 2023.
§63-4013. Perfection of security interest - Applicability of Title
12A - Surrender of certificate or application to secured party -
Delivery to Commission - Satisfaction and release - Penalty - New
certificate - Security interests perfected prior to effective date
of act.
A. 1. Except for a security interest in vessels or motors held
by a dealer for sale or lease, a security interest, as defined in
paragraph (35) of Section 1-201 of Title 12A of the Oklahoma
Statutes, in a vessel or motor as to which a certificate of title
may be properly issued by Service Oklahoma shall be perfected only
when a lien entry form prescribed by Service Oklahoma, and the
existing certificate of title, if any, or application for a
certificate of title and manufacturer's certificate of origin or
other identification number containing the name and address of the
secured party and the date of the security agreement and the
required fee are delivered to Service Oklahoma or to a licensed
operator. The filing and duration of perfection of a security
interest, pursuant to the provisions of Title 12A of the Oklahoma
Statutes, including, but not limited to, Section 1-9-311 of Title
12A of the Oklahoma Statutes, shall not be applicable to perfection
of security interests in vessels or motors as to which a certificate
of title may be properly issued by Service Oklahoma, except as to
vessels or motors held by a dealer for sale or lease and except as
provided in subsection D of this section. In all other respects
Title 12A of the Oklahoma Statutes shall be applicable to such
security interests in vessels or motors as to which a certificate of
title may be properly issued by Service Oklahoma.
2. Whenever a person creates a security interest in a vessel or
motor, such person shall surrender to the secured party the
certificate of title or the signed application for a new certificate
of title, on the form prescribed by Service Oklahoma, and the
manufacturer's certificate of origin or other identification number.
The secured party shall deliver the lien entry form and the required
lien filing fee within twenty-five (25) calendar days as provided
hereafter with certificate of title or the application for
certificate of title, and the manufacturer's certificate of origin
or other identification number to Service Oklahoma or to a licensed
operator. Perfection of the security interest shall begin from the
date of the delivery to Service Oklahoma or to a licensed operator
of (i) the lien entry form, (ii) the lien filing fee, and (iii) the
certificate of title or application for certificate of title and the
manufacturer's certificate of origin or other identification number.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1620
When a vessel or motor title is presented to a licensed operator for
transfer or registration and the documents reflect a lienholder, the
licensed operator shall perfect the lien as provided for in
subsection G of Section 1105 of Title 47 of the Oklahoma Statutes.
3. Upon the receipt of the lien entry form and the required
fees with either the certificate of title or an application for
certificate of title and manufacturer's certificate of origin or
other identification number, a licensed operator shall, by placement
of a clearly distinguishing mark, record the date and number shown
in a conspicuous place, on each of these instruments.
4. The certificate of title or the application for certificate
of title and manufacturer's certificate of origin or other
identification number with the record of the date of receipt clearly
marked thereon shall be returned to the debtor together with a
notice that the debtor is required to register and pay all
additional fees and taxes due within thirty (30) calendar days from
the date of purchase of said vessel or motor.
5. Any person creating a security interest in a vessel or motor
that has been previously registered in the debtor's name and on
which all taxes due the state have been paid shall surrender the
certificate of ownership to the secured party. The secured party
shall have the duty to record the security interest as provided in
this section and shall, at the same time, obtain a new certificate
of title which shall show the secured interest on the face of such
certificate of title.
6. The lien entry form with the date and assigned number
thereof clearly marked thereon shall be returned to the secured
party. If the lien entry form is received and authenticated, as
herein provided, by a licensed operator, such licensed operator
shall make a report thereof to Service Oklahoma upon the forms and
in the manner as may be prescribed by Service Oklahoma.
7. Service Oklahoma shall have the duty to record the lien upon
the face of the certificate of title issued at the time of
registering and paying all fees and taxes due on such vessel or
motor.
B. 1. A secured party shall, within seven (7) business days
after the satisfaction of such security interest, furnish directly
or by mail a release of a security interest to Service Oklahoma and
mail a copy thereof to the last-known address of the debtor. If the
security interest has been satisfied by payment from a licensed used
boat dealer to whom the used vessel or motor has been transferred,
the secured party shall also, within seven (7) business days after
such satisfaction, mail a certified copy of copy number one of the
release of security interest to such dealer. If the secured party
fails to furnish such release as herein required, the secured party
shall be liable to the debtor for a penalty of One Hundred Dollars
Oklahoma Statutes - Title 63. Public Health and Safety Page 1621
($100.00) and, in addition, any loss caused to the debtor by such
failure.
2. Upon release of a security interest the owner may obtain a
new certificate of title omitting reference to the security
interest, by submitting to Service Oklahoma or to a licensed
operator:
a. a release signed by the secured party, an application
for new certificate of title and the proper fees, or
b. by submitting to Service Oklahoma or the licensed
operator an affidavit, supported by such documentation
as Service Oklahoma may require, by the owner on a
form prescribed by Service Oklahoma stating that the
security interest has been satisfied and stating the
reasons why a release cannot be obtained, an
application for a new certificate of title and the
proper fees.
Upon receiving such affidavit that the security interest has been
satisfied, Service Oklahoma shall issue a new certificate of title
eliminating the satisfied security interest and the name and address
of the secured parties who have been paid and satisfied. Service
Oklahoma shall accept a release of a security interest in any form
that identifies the debtor, the secured party, and the vessel or
motor and contains the signature of the secured party. Service
Oklahoma shall not require any particular form for the release of a
security interest.
The words "security interest" when used in the Oklahoma Vessel
and Motor Registration Act do not include liens dependent upon
possession.
C. Service Oklahoma shall file and index certificates of title
so that at all times it will be possible to trace a certificate of
title to the vessel or motor designated therein, identify the lien
entry form, and the names and addresses of secured parties, or their
assignees, so that all or any part of such information may be made
readily available to those who make legitimate inquiry of Service
Oklahoma as to the existence or nonexistence of security interest in
the vessel or motor.
D. 1. Any security interest in a vessel or motor properly
perfected prior to January 1, 1990, may be continued as to its
effectiveness or duration as provided by Section 1-9-515 of Title
12A of the Oklahoma Statutes, or may be terminated, assigned or
released as provided by Sections 1-9-513 and 1-9-514 of Title 12A of
the Oklahoma Statutes, as fully as if this section had not been
enacted, or, at the option of the secured party, may also be
perfected under this section, and, if so perfected, the time of
perfection under this section shall be the date said security
interest was originally perfected under the prior law.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1622
2. Upon request of the secured party, the debtor or any other
holder of the certificate of title shall surrender said certificate
of title to the secured party and shall do such other acts as may be
required to perfect said security interest under this section.
Added by Laws 1989, c. 346, § 13, eff. Jan. 1, 1990. Amended by
Laws 1992, c. 284, § 9, eff. Jan. 1, 1993; Laws 1996, c. 337, § 1,
eff. July 1, 1996; Laws 2000, c. 371, § 179, eff. July 1, 2001; Laws
2004, c. 534, § 13, eff. Nov. 1, 2004; Laws 2022, c. 282, § 208,
emerg. eff. May 19, 2022.
§63-4014. Fees.
A. The charge for each certificate of title for any vessel or
motor issued shall be Two Dollars and twenty-five cents ($2.25),
which charge shall be in addition to any excise taxes or fees
imposed by law for such vessel or motor. One Dollar ($1.00) of each
such fee shall be deposited in the Service Oklahoma Reimbursement
Fund.
B. The charge for a duplicate certificate of title shall be Two
Dollars and twenty-five cents ($2.25) which charge shall be in
addition to any other fees imposed by this section for any such
vessel or motor. One Dollar ($1.00) of such fee shall be deposited
in the Service Oklahoma Reimbursement Fund.
C. For each security interest recorded on a certificate of
title, or manufacturer's certificate of origin or other
identification number, such person shall pay a fee of Eight Dollars
($8.00), which shall be in addition to other fees provided for in
this section.
D. 1. When an application for a new certificate of title or
duplicate certificate of title for a vessel or motor is made to
Service Oklahoma or one of its licensed operators, an application
fee in the amount of One Dollar and twenty-five cents ($1.25) for
the issuance of such certificate of title shall be charged and
collected.
2. For recording a security interest on a certificate of title
or manufacturer's certificate of origin or other identification
number, Service Oklahoma or a licensed operator shall charge Two
Dollars ($2.00) for each security interest so recorded.
E. 1. The charge for a copy of certificate of title
information is One Dollar ($1.00) for each instrument.
2. The charge for a certified copy of certificate of title
information is Two Dollars ($2.00) for each instrument.
Added by Laws 1989, c. 346, § 14, eff. Jan. 1, 1990. Amended by
Laws 2022, c. 282, § 209, emerg. eff. May 19, 2022.
§63-4015. Application required - Time - Contents.
Except as otherwise provided by Sections 4005 and 4024 of this
title, every owner of a vessel or motor possessing a certificate of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1623
title shall make an application for the registration of such vessel
or motor with Service Oklahoma or with a licensed operator within
thirty (30) calendar days from the purchase date, or from the
expiration of registration, or from the date the owner becomes a
resident of this state. The application shall contain such
information as shall be required by Service Oklahoma pursuant to the
provisions of the Oklahoma Vessel and Motor Registration Act,
Section 4002 et seq. of this title.
Laws 1989, c. 346, § 15, eff. Jan. 1, 1990; Laws 1992, c. 284, § 10,
eff. Jan. 1, 1993; Laws 2022, c. 282, § 210, emerg. eff. May 19,
2022.
§63-4016. Application for registration of vessel - Contents -
Issuance of certificate and assignment of permanent number -
Availability and inspection of certificate and bill of sale.
A. Every owner of a vessel, when making application for
registration, shall furnish the following information:
1. A full description of the vessel including the
manufacturer's serial, model, or other identification number, the
manufacturer's factory delivered price, and the total delivered
price of said vessel;
2. The correct name and address, the name of the city, county
and state in which the person in whose name the vessel is to be
registered resides;
3. The county of location of the vessel; and
4. Such other information as may be prescribed by Service
Oklahoma.
B. Upon the filing of a registration application for a vessel
and the payment of the fees provided for in the Oklahoma Vessel and
Motor Registration Act, Section 4002 et seq. of this title, Service
Oklahoma shall issue the owner of the vessel a certificate of
registration and two registration decals and shall also assign a
permanent number for the vessel described in the application. The
registration decals and the permanent number shall be recorded on
the annual registration certificate covering such vessel. The
permanent number shall be displayed upon the vessel as required by
Section 4030 of this title.
C. The current certificate of registration shall be legible and
available for inspection at all times.
D. On all new and used vessels, prior to receipt of the
certificate of registration and the registration decals, the
dealer's bill of sale shall be available for inspection at all times
for the first thirty (30) calendar days from the date of purchase.
Thereafter, prior to receipt of the certificate of registration and
the registration decals, the official registration receipt from
Service Oklahoma or a licensed operator shall be available for
inspection at all times.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1624
Added by Laws 1989, c. 346, § 16, eff. Jan. 1, 1990. Amended by
Laws 1992, c. 284, § 11, eff. Jan. 1, 1993; Laws 1997, c. 146, § 9,
eff. Nov. 1, 1997; Laws 1999, c. 332, § 2, eff. Nov. 1, 1999; Laws
2022, c. 282, § 211, emerg. eff. May 19, 2022.
§63-4017. Application for registration of motor - Contents -
Issuance of certificate - Availability and inspection of certificate
and bill of sale.
A. Every owner of an outboard motor in excess of ten (10)
horsepower, when making application for registration, shall furnish
the following information:
1. A full description of the outboard motor including the
manufacturer's serial, model, or other identification number, the
manufacturer's factory delivered price, and the total delivered
price of said outboard motor;
2. The correct name and address, and the name of the city,
county and state in which the person in whose name the outboard
motor is to be registered resides;
3. The county of location of such outboard motor; and
4. Such other information as may be prescribed by Service
Oklahoma.
B. Upon the filing of a registration application for an
outboard motor and the payment of the fees provided for in the
Oklahoma Vessel and Motor Registration Act, Service Oklahoma shall
issue the owner of the outboard motor a certificate of registration
and a registration decal.
C. The current certificate of registration shall be legible and
available for inspection at all times.
D. On all new and used outboard motors, prior to receipt of the
certificate of registration and the registration decal, the dealer's
bill of sale shall be available for inspection at all times for the
first thirty (30) calendar days from the date of purchase.
Thereafter, prior to receipt of the certificate of registration and
the registration decal, the official registration receipt from
Service Oklahoma or a licensed operator shall be available for
inspection at all times.
Added by Laws 1989, c. 346, § 17, eff. Jan. 1, 1990. Amended by
Laws 1992, c. 284, § 12, eff. Jan. 1, 1993; Laws 1997, c. 146, § 10,
eff. Nov. 1, 1997; Laws 1999, c. 332, § 3, eff. Nov. 1, 1999; Laws
2022, c. 282, § 212, emerg. eff. May 19, 2022.
§63-4018. Members of armed forces or spouses - Registration
requirements.
A. Any vessel or motor in this state which is not registered
and licensed for the current year in the state of residence or
domicile of any person who is a member of the Armed Forces of the
United States or the spouse of such member owning a vessel or motor
Oklahoma Statutes - Title 63. Public Health and Safety Page 1625
must be registered as provided by the Oklahoma Vessel and Motor
Registration Act, except that any such vessel or motor which has
been licensed in some other state by such member or spouse of such
member while stationed in said other state may be operated in this
state for the remainder of the year or period for which it is
licensed. If the vessel or motor currently is registered with the
Armed Forces of the United States rather than being registered in a
state and the member is transferred to a duty station within this
state pursuant to military orders, the member or spouse of such
member owning the vessel or motor shall not be required to register
the vessel or motor in this state for a period of thirty (30) days
after the date the member is required to report for duty by said
military.
B. Any person who is a member of the Armed Forces of the United
States who is a resident of this state and who is stationed in this
state or spouse of such person may make application for a
certificate of registration pursuant to the provisions of this
section.
C. Any person who is a member of the Armed Forces of the United
States, or spouse applying for a registration of any such vessel or
motor shall submit an appropriate statement, to be attached to the
vessel or motor registration application, showing the following: A
description of the vessel or motor owned by applicant; the state and
address of the applicant's legal residence or domicile; that
applicant or applicant's spouse is on active duty in the Armed
Forces of the United States assigned or stationed at a named
location in compliance with official military orders. The statement
shall be signed by the applicant and certified to by a proper
officer of the organization to which applicant is assigned for duty,
or where the applicant is the spouse of such member serving in a
foreign country the statement shall be signed by said spouse under
the penalties of perjury.
Added by Laws 1989, c. 346, § 18, eff. Jan. 1, 1990.
§63-4019. Registration fees - Due date - Delinquency - Registration
dates - Proportional fees.
A. 1. The registration fees herein levied upon vessels and
motors located within this state shall be due on the first day of
July each year and shall become delinquent on the first day of
August thereafter.
2. Any person owning a vessel or motor subject to the
provisions of this subsection and failing or refusing to file
application for the registration of such vessel or motor and to pay
the annual registration fee as provided by the Oklahoma Vessel and
Motor Registration Act, on or before the 31st day of July each year,
shall be deemed delinquent.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1626
B. On the registration of new vessels or new motors purchased
in this state and on new or used vessels or motors used in this
state or brought into this state between July 1 and September 30,
inclusive, of any year the payment of the full annual registration
and license fee shall be collected; and between October 1 and
December 31, inclusive, of any year the payment of three-fourths
(3/4) the annual registration and license fee shall be collected;
and between January 1 and March 31, inclusive, of any year the
payment of one-half (1/2) the annual registration and license fee
shall be collected; and between April 1 and June 30, inclusive, of
any year the payment of one-fourth (1/4) of the annual registration
and license fee shall be collected.
C. Any person registering a vessel or motor under the
provisions of the Oklahoma Vessel and Motor Registration Act may
elect to have the vessel or motor registered for a three-year
period. If a person elects to register the vessel or motor for a
three-year period, the person shall pay ninety percent (90%) of the
registration fees that the person would have otherwise paid if the
person had registered the vessel or a motor on an annual basis over
the three-year period. If a person is registering a vessel or motor
pursuant to the provisions of subsection B of this section and
elects to register the vessel or motor for a three-year period, the
partial year registration shall count as one of the three (3) years
of registration. The licensed operator registering the vessel or
motor for a three-year period shall receive one hundred percent
(100%) of the fees the licensed operator would have otherwise
received pursuant to subsection B of Section 1141.1 of Title 47 of
the Oklahoma Statutes if the vessel or motor had been registered on
an annual basis over the three-year period.
Added by Laws 1989, c. 346, § 19, eff. Jan. 1, 1990. Amended by
Laws 1990, c. 304, § 4, emerg. eff. May 30, 1990; Laws 2004, c. 379,
§ 1, eff. Nov. 1, 2004; Laws 2022, c. 282, § 213, emerg. eff. May
19, 2022.
§63-4020. Notice of registration requirements.
Service Oklahoma shall notify through the mail, or via
electronic mail, all persons who have not opted out of the
notification system within the state who have previous vessel or
motor registrations on record of the period for registration that
are due to be registered in July of that year. Persons choosing to
receive such annual notification through the mail shall be assessed
an annual fee of fifty cents ($0.50), notwithstanding the provisions
of Section 1114.1 of Title 47 of the Oklahoma Statutes, which shall
be used by Service Oklahoma for printing and mailing of renewal
notifications. Members of the Armed Forces of the United States,
the Reserve Corps of the Armed Forces of the United States, and the
Oklahoma National Guard and their spouses eligible for the military
Oklahoma Statutes - Title 63. Public Health and Safety Page 1627
registration fee, as provided in Section 4021 of this title, shall
receive a renewal notification without payment of such fee. The
printed notice shall contain all necessary information for such
registration including a breakdown of all charges to be paid by the
owner. The breakdown of the charges to be paid by the owner shall
include the charges an owner would pay to register the vessel or
motor for a one-year period and the charges an owner would pay to
register the vessel or motor for a three-year period. Use of a
postcard or electronic mail-type renewal notice is specifically
permitted. The content and form of the notice shall also contain
instructions as to the procedure for renewal upon presentation to a
licensed operator or by return mail to Service Oklahoma's state
office. Service Oklahoma shall provide information on its public
website instructing persons on the procedure for obtaining an annual
notification via electronic mail, free of charge, outlining all
charges and fees associated with the registration of vessels and
motors, as well as an explanation of the apportionment of vessel and
motor registration fees and penalties. The cost of mailing shall be
One Dollar ($1.00) for titles or other forms or devices required by
the Oklahoma Vessel and Motor Registration Act. Provided, that
Service Oklahoma may adjust any mailing costs as deemed appropriate
to allow for increased or additional fees charged by the United
States Postal Service.
Failure by any applicant to receive notification of renewal as
provided by this section shall not excuse the applicant from
properly obtaining any registration at the proper time by presenting
proof of ownership to Service Oklahoma's state office or to a
licensed operator.
Added by Laws 1989, c. 346, § 20, eff. Jan. 1, 1990. Amended by
Laws 2004, c. 379, § 2, eff. Nov. 1, 2004; Laws 2010, c. 390, § 1,
emerg. eff. June 7, 2010; Laws 2022, c. 282, § 214, emerg. eff. May
19, 2022.
§63-4021. Fees - Exemptions - Credits - Duplicate certificates.
A. The application required for the initial and subsequent
registration of a vessel or a motor shall be accompanied by payment
of the following fees:
1. Where the manufacturer's factory delivered price, or in the
absence of such price being published in a recognized publication
for the use of marine dealers and/or for purposes of insurance and
financing firms, where the provable original or new cost of all
materials, is One Hundred Fifty Dollars ($150.00) or less, the
registration and license fee for the first and for each succeeding
year's registration shall be One Dollar ($1.00);
2. Where the manufacturer's factory delivered price, or in the
absence of such price being published as provided in paragraph 1 of
this section, where the value of such vessel or motor is determined
Oklahoma Statutes - Title 63. Public Health and Safety Page 1628
and fixed as above required and, is in excess of One Hundred Fifty
Dollars ($150.00), there shall be added to the fee of One Dollar
($1.00), the sum of One Dollar ($1.00) for each One Hundred Dollars
($100.00) or any fraction thereof, in excess of One Hundred Fifty
Dollars ($150.00) provided such fee shall not exceed One Hundred
Fifty Dollars ($150.00);
3. After the first year's registration in this state under the
Oklahoma Vessel and Motor Registration Act of any new vessel or new
motor under paragraph 2 of this subsection, the registration for the
second year shall be ninety percent (90%) of the fee computed and
assessed hereunder for the first year, and thereafter, such fee
shall be computed and assessed at ninety percent (90%) of the
previous year's fee and shall be so computed and assessed for the
next nine (9) successive years provided such fee shall not exceed
One Hundred Fifty Dollars ($150.00);
4. The initial and subsequent registration fee for any vessel
which is a part of a fleet used for lodging and for which a rental
fee and sales tax are collected shall be Forty Dollars ($40.00) in
lieu of the fees required by paragraphs 1 through 3 of this
subsection. For the purpose of this paragraph, "fleet" means twenty
or more vessels operated by a business organization from a single
anchorage. The fee provided for in this paragraph may be reduced
annually to zero until the total reduction equals the difference
between the sum of the fees paid pursuant to paragraphs 1 through 3
of this subsection for the two registration years preceding January
1, 1990, and the fee provided for in this paragraph;
5. For any vessel or motor owned and numbered, registered or
licensed prior to January 1, 1990, in this or any other state, or in
the absence of such registration upon proof of the year, model and
age of same, the registration fee shall be computed and assessed at
the rate hereinabove provided for a new vessel or motor based on the
value thereof determined as provided in this subsection, but reduced
as though same had been registered for each prior year of its
existence. Except as provided in paragraph 1 of this subsection,
the registration fee for the eleventh year computed in accordance
with the provisions of this subsection shall be the amount of the
fee to be assessed for such eleventh year and shall be the minimum
annual registration fee for such vessel or motor for any subsequent
year; and
6. The initial and subsequent registration fee for any vessel
or motor which is not being used in a trade or business or for any
commercial purpose and is owned by:
a. a nonresident member of the Armed Forces of the United
States assigned to duty in this state in compliance
with official military or naval orders,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1629
b. a resident member of the Armed Forces of the United
States assigned to duty in this state in compliance
with official military or naval orders,
c. the spouse, who resides in Oklahoma, of a resident or
nonresident member of the Armed Forces of the United
States serving in a foreign country, or
d. any Oklahoma resident who is stationed out of state
due to an official assignment of the Armed Forces of
the United States,
shall be the lesser of either a Fifteen Dollar ($15.00) registration
fee or the fee computed and assessed for vessels or motors of
similar age and model pursuant to this section.
B. As used in this section, the term "manufacturer's factory
delivered price" shall represent the recommended retail selling
price and shall not mean the wholesale price to a dealer.
C. Service Oklahoma shall assess the registration fees and
penalties for the year or years a vessel or motor was not registered
as provided in the Oklahoma Vessel and Motor Registration Act. For
vessels or motors not registered for two (2) or more years, the
registration fees and penalties shall be due only for the current
year and one (1) previous year.
D. Upon each vessel or motor repossessed by a mortgagee, a fee
of Forty-six Dollars ($46.00) shall be assessed. This fee shall be
in lieu of any applicable vessel or motor excise tax and
registration fees. Through June 30, 2025, each licensed operator
accepting applications for certificates of title for such vessel or
motors shall receive Seven Dollars ($7.00) to be deducted from the
license fee specified in this paragraph for each application
accepted. Beginning July 1, 2025, these fees shall be retained by
the licensed operator pursuant to subsection E of Section 1141.1 of
Title 47 of the Oklahoma Statutes.
E. All vessels or motors owned by the State of Oklahoma, its
agencies or departments, or political subdivisions thereof, or which
under the law would be exempt from direct ad valorem taxation, shall
be registered pursuant to the provisions of the Oklahoma Vessel and
Motor Registration Act for an annual fee of Two Dollars and twenty-
five cents ($2.25) irrespective of whether registered by a licensed
operator or Service Oklahoma.
F. All vessels and motors owned:
1. By the Boy Scouts of America, the Girl Scouts of U.S.A., and
the Camp Fire USA, devoted exclusively to youth programs emphasizing
physical fitness, character development and citizenship training;
2. By the Department of Public Safety; and
3. By organizations which are exempt from taxation pursuant to
the provisions of Section 501(c)(3) of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3), and which are primarily devoted to the
establishment, development, operation, promotion, and participation
Oklahoma Statutes - Title 63. Public Health and Safety Page 1630
in, alone or in conjunction with others, educational and training
programs and competitive events to provide knowledge, information,
or comprehensive skills related to the sports of sailing, fishing,
boating, and other aquatic-related activities;
are hereby exempt from the payment of registration fees required by
this section. Provided all of such vessels or motors shall be
registered and shall otherwise comply with the provisions of the
Oklahoma Vessel and Motor Registration Act.
G. A credit shall be allowed with respect to the fee for
registration of any new vessel or new motor, when such new vessel or
motor is a replacement for:
1. A new original vessel or new original motor which is stolen
from the purchaser/registrant within ninety (90) days of the date of
purchase of the original vessel or new original motor as certified
by a police report or other documentation as required by Service
Oklahoma; or
2. A defective new original vessel or new original motor
returned by the purchaser/registrant to the seller within six (6)
months of the date of purchase of the defective new original vessel
or new original motor as certified by the manufacturer.
Such credit shall be in the amount of the fee for registration
which was paid for the new original vessel or new original motor and
shall be applied to the registration fee for the replacement vessel
or motor. In no event will said credit be refunded.
H. Upon proper proof of a lost certificate of registration
being made to Service Oklahoma or one of its licensed operators,
accompanied by an application therefor and payment of the fees
required by the Oklahoma Vessel and Motor Registration Act, a
duplicate certificate of registration shall be issued to the
applicant. The charge for such duplicate certificate of
registration shall be Two Dollars and twenty-five cents ($2.25),
which charge shall be in addition to any other fees imposed by
Section 4022 of this title for any such vessel or motor.
I. In addition to any other fees levied by the Oklahoma Vessel
and Motor Registration Act, there is levied and there shall be paid
to Service Oklahoma, for each year a vessel or motor is registered,
a fee of One Dollar ($1.00) for each vessel or motor for which a
registration or license fee is required pursuant to the provisions
of this section. The fee shall accrue and shall be collected upon
each vessel or motor under the same circumstances and shall be
payable in the same manner and times as apply to vessel and motor
licenses and registrations under the provisions of the Oklahoma
Vessel and Motor Registration Act; provided, the fee shall be paid
in full for the then current year at the time any vehicle is first
registered in a calendar year.
Monies collected pursuant to this subsection shall be
apportioned by Service Oklahoma to the State Treasurer for deposit
Oklahoma Statutes - Title 63. Public Health and Safety Page 1631
in the Trauma Care Assistance Revolving Fund created in Section 1-
2530.9 of this title.
The collection and payment of the fee shall be a prerequisite to
license or registration of any vessel or motor.
J. If a vessel or motor is donated to a nonprofit charitable
organization, the nonprofit charitable organization shall be exempt
from paying any current or past due registration fees, excise tax,
transfer fees, and penalties and interest; provided, subsequent to
such donation, if the person, entity or party acting on another's
behalf who donated the vessel or motor, purchases the same vessel or
motor from the nonprofit charitable organization receiving the
original donation, such person, entity or party acting on another's
behalf shall be liable for all current and past due registration
fees, excise tax, transfer fees, and penalties and interest on such
vehicle.
Added by Laws 1989, c. 346, § 21, eff. Jan. 1, 1990. Amended by
Laws 1999, c. 332, § 4, eff. Nov. 1, 1999; Laws 2000, c. 6, § 14,
emerg. eff. March 20, 2000; Laws 2002, c. 374, § 2, eff. July 1,
2003; Laws 2004, c. 534, § 14, eff. Nov. 1, 2004; Laws 2005, c. 190,
§ 18, eff. Sept. 1, 2005; Laws 2006, c. 272, § 6, eff. Nov. 1, 2006;
Laws 2022, c. 282, § 215, emerg. eff. May 19, 2022; Laws 2025, c.
330, § 22, eff. July 1, 2025.
NOTE: Laws 1999, c. 278, § 3 repealed by Laws 2000, c. 6, § 33,
emerg. eff. March 20, 2000. Laws 2004, c. 379, § 3 repealed by Laws
2005, c. 1, § 101, emerg. eff. March 15, 2005. Laws 2005, c. 1, §
100 repealed by Laws 2006, c. 16, § 49, emerg. eff. March 29, 2006.
Laws 2006, c. 16, § 48 repealed by Laws 2007, c. 1, § 54, emerg.
eff. Feb. 22, 2007.
NOTE: Laws 2002, c. 374, § 2 made no changes to this section.
§63-4022. Application to Service Oklahoma or licensed operator -
Copies - Fees.
A. In addition to the registration fees required by Section
4021 of this title, when any such application for registration is
made directly to Service Oklahoma or to any licensed operator, a One
Dollar and twenty-five cents ($1.25) fee for each year the vessel or
motor is registered shall be collected and apportioned by Service
Oklahoma as provided by the provisions of the Oklahoma Vessel and
Motor Registration Act.
B. 1. The charge for a copy of certificate of registration
information is One Dollar ($1.00) for each instrument.
2. The charge for a certified copy of certificate of
registration information is Two Dollars ($2.00) for each instrument.
Added by Laws 1989, c. 346, § 22, eff. Jan. 1, 1990. Amended by
Laws 2004, c. 379, § 4, eff. Nov. 1, 2004; Laws 2022, c. 282, § 216,
emerg. eff. May 19, 2022; Laws 2025, c. 171, § 59, eff. July 1,
2026.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1632
§63-4023. Purpose of fees - Payment in lieu of ad valorem taxes.
The registration fees herein imposed upon vessels and motors
shall be for the purpose of reimbursing and providing funds for
general governmental functions of the state, and when paid in full
such fees shall be in lieu of all ad valorem taxes, general or
local, to which such vessels and motors may be subject as personal
property under the laws of this state.
Added by Laws 1989, c. 346, § 23, eff. Jan. 1, 1990.
§63-4024. Late registration - Failure or refusal to file
application - Penalties.
A. In the event a new vessel or a new motor is not registered
within thirty (30) calendar days from the date purchased in this
state by a resident of this state, the penalty shall be Twenty-five
Dollars ($25.00), provided that in no event shall the penalty exceed
an amount equal to the registration fee. The rate of the
registration fee shall be fixed and determined by the date of the
sale by the dealer of said new vessel or motor to the purchaser.
B. If a new or used vessel or motor is brought into Oklahoma by
a resident of this state and is not registered within thirty (30)
calendar days from the date such vessel or motor enters the state as
required by the Oklahoma Vessel and Motor Registration Act, the
penalty shall be Twenty-five Dollars ($25.00), provided that in no
event shall the penalty exceed an amount equal to the registration
fee.
C. If a vessel or motor is purchased or is brought into
Oklahoma by a nonresident of this state and such vessel or motor
remains over sixty (60) calendar days and is not registered as
required by the Oklahoma Vessel and Motor Registration Act, the
penalty shall be Twenty-five Dollars ($25.00).
D. Any person in this state owning a vessel or motor subject to
the provisions of this subsection and failing or refusing to file
application for the registration of such vessel or motor and to pay
the registration fee as required by the Oklahoma Vessel and Motor
Registration Act, within one (1) month after the expiration date,
shall be deemed delinquent and there shall be added a penalty of
twenty-five cents ($0.25) per day on the registration fee for each
day such registration is delinquent. The penalty for failure to
register shall accrue for a three-month calendar period. Thereafter,
the penalty shall be Twenty-five Dollars ($25.00), provided that in
no event shall the penalty exceed an amount equal to the
registration fee.
E. The failure to register any vessel or motor as required by
the Oklahoma Vessel and Motor Registration Act shall in addition to
penalties, subject such vessel or motor to the seizure provisions as
provided in the Oklahoma Vehicle License and Registration Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1633
Added by Laws 1989, c. 346, § 24, eff. Jan. 1, 1990.
§63-4025. Payment of fees and taxes by check - Nonpayment of check
- Cancellation of title and registration - Credit of motor license
agent's account - Collection - Penalties.
A. When, at the time of titling and registration of any vessel
or motor payment is made by check for fees and taxes and the check
is not paid by the bank on which drawn for any reason, such
certificate of title or registration and other such instruments
issued at the time of titling or registration of such vessel or
motor shall be canceled immediately, without notice, by the
Commission or motor license agent who issued such title or
registration certificate. In all such cases the title or
registration certificate, number, receipt, and any other official
document issued at the time of the acceptance of such check shall be
null and void and returned to the issuer.
B. The motor license agent shall transmit all documents and the
dishonored check to the Oklahoma Tax Commission for credit to the
motor license agent's account. The Commission may enter into a
contract for the collection of dishonored checks and canceled
instruments.
C. In all such cases, such vessels or motors shall be subject
to the fees and penalties provided in the Oklahoma Vessel and Motor
Registration Act as though no attempt to register the vehicle had
been made and a further penalty of Twenty-five Dollars ($25.00)
shall be assessed.
Added by Laws 1989, c. 346, § 25, eff. Jan. 1, 1990. Amended by
Laws 1997, c. 294, § 7, eff. July 1, 1997.
§63-4026. Repossession by mortgagee - Liability for delinquent
registration.
At any time that a mortgagee repossesses a vessel or motor on
which the registration has become delinquent as of the date of such
repossession, the mortgagee shall not be required, as a condition
for registration of said vessel or motor to pay any of the penalties
which had accrued as of the date of such repossession otherwise
prescribed in the Oklahoma Vessel and Motor Registration Act.
Provided that said penaltiesshall not be waived unless such vessel
or motor is registered by the mortgagee within five (5) days after
it is repossessed. Provided further, that if the mortgagor or
spouse, becomes the owner of the vessel or motor withinninety (90)
days from the date of repossession, the penalty shall reattach and
be paid when application is made for the new title.
Added by Laws 1989, c. 346, § 26, eff. Jan. 1, 1990.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1634
§63-4027. Lien of title and registration fees and penalties -
Priority - Seizure - Costs of taking into custody and storage -
Foreclosure.
All title and registration fees and penalties levied by the
terms and provisions of the Oklahoma Vessel and Motor Registration
Act shall become and remain a first lien upon any vessel or motor on
which such fees, taxes and penalty are due and unpaid. The lien
shall be prior, superior and paramount to all other liens of
whatsoever kind or character.
After the thirtieth day after such title and registration fees
become delinquent, it shall be the duty of Service Oklahoma or the
Department of Public Safety, its designated officers or employees,
and of sheriffs and all other duly authorized peace officers of this
state, to seize and take into custody every vessel or motor required
to be titled and registered pursuant to the Oklahoma Vessel and
Motor Registration Act but which is not so registered by the owner
thereof, and such vessel or motor shall not be released to the owner
thereof until it is duly registered and the fee due thereon paid in
full, together with any penalty provided by law, plus the cost of
seizure, including a reasonable cost of taking such vessel or motor
into custody and storing it. In the event the owner or possessor of
any such vessel or motor seized, as provided by law, shall fail to
pay the registration fee and penalty due thereon, together with such
costs of seizure and storage, the officer shall proceed to foreclose
the lien thereon by selling such vessel or motor following the
procedure for foreclosure of liens on personal property prescribed
in Section 91 of Title 42 of the Oklahoma Statutes.
The provisions of the Uniform Tax Procedure Code under Title 68
of the Oklahoma Statutes and the Oklahoma Vehicle License and
Registration Act, Section 1101 et seq. of Title 47 of the Oklahoma
Statutes, providing procedures and remedies with respect to all
state taxes shall also be available for the enforcement of the
provisions of the Oklahoma Vessel and Motor Registration Act.
Added by Laws 1989, c. 346, § 27, eff. Jan. 1, 1990. Amended by
Laws 2025, c. 171, § 60, eff. July 1, 2026.
§63-4028. Apportionment of fees, taxes and penalties.
All titling and registration fees, taxes, and penalties
collected by Service Oklahoma pursuant to the provisions of Sections
4014 and 4021 of this title shall be apportioned by Service Oklahoma
as provided in Section 1104 of Title 47 of the Oklahoma Statutes.
Added by Laws 1989, c. 346, § 28, eff. Jan. 1, 1990. Amended by
Laws 1992, c. 284, § 13, eff. Jan. 1, 1993; Laws 2022, c. 282, §
217, emerg. eff. May 19, 2022; Laws 2025, c. 171, § 61, eff. July 1,
2026.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1635
§63-4029. Refusal, revocation or cancellation of certificate of
title or registration.
A. If Service Oklahoma shall determine at any time that an
applicant for a certificate of title of or registration for a vessel
or motor is not entitled thereto, it may refuse to issue such
certificate or to register such vessel or motor. Service Oklahoma
may for a similar reason, after ten (10) calendar days' notice and a
hearing, revoke the certificate of title and registration already
acquired. Said notice may be served in person or by registered
mail.
B. In addition, in every case where a vessel or motor has been
titled or registered upon an application containing any false
statement of a fact required in this section to be shown in an
application for the title or registration thereof, Service Oklahoma
shall give written notice of at least ten (10) calendar days to the
owner of the vessel or motor and shall require the owner to appear
before it for the purpose of showing cause why said title or
registration should not be canceled. Unless satisfactory
explanation is given by the owner concerning such false statement,
Service Oklahoma shall cancel the title or registration. The owner
of the vessel or motor shall then be required to immediately retitle
or reregister the vessel or motor and pay the required fees. The
owner shall not be entitled to refund or credit for the fees paid
for titling and registration of the vessel or motor made under the
application which contained any false statement of fact.
C. Service Oklahoma shall insert in said application forms
appropriate notice to the applicant that any false statement of a
fact required to be shown in such application for title or
registration subjects the applicant to prosecution.
Added by Laws 1989, c. 346, § 29, eff. Jan. 1, 1990. Amended by
Laws 1992, c. 284, § 14, eff. Jan. 1, 1993; Laws 2022, c. 282, §
218, emerg. eff. May 19, 2022.
§63-4030. Permanent number system for vessels.
A. 1. Service Oklahoma shall, and each federally recognized
Indian tribe of this state may, develop and implement a permanent
number system for vessels which is consistent with United States
Coast Guard statutes and regulations. The system shall be effective
upon the effective date of this act.
2. Except as otherwise provided by this section, every vessel
on the waters of this state shall display the permanent number
assigned to it by Service Oklahoma or by a federally recognized
Indian tribe of this state, which number shall not be obliterated,
erased, mutilated, removed or missing.
3. In order to ensure that:
a. a permanent number issued by a federally recognized
Indian tribe of this state conforms to federal
Oklahoma Statutes - Title 63. Public Health and Safety Page 1636
statutory and regulatory requirements of the United
States Coast Guard, and
b. the rights prescribed in paragraph 2 of this
subsection are extended to every federally recognized
Indian tribe of this state,
every vessel on the waters of this state assigned a permanent number
by a federally recognized Indian tribe of this state which issues
permanent numbers shall be recorded and maintained by Service
Oklahoma in the same manner as Service Oklahoma records and
maintains the permanent number of vessels on the waters of this
state which are assigned by Service Oklahoma.
B. The vessels authorized to display a number other than that
required by the provisions of the Oklahoma Vessel and Motor
Registration Act are:
1. A documented vessel, provided that such vessel is currently
registered, is displaying both current registration decals, and the
name, hailing port and official federal documentation number
assigned to it are displayed on the vessel according to federal law
or federal rules and regulations;
2. A vessel from a country other than the United States
temporarily using the waters of this state;
3. A vessel from another state owned by an out-of-state
resident using the waters of this state;
4. A vessel whose owner is the United States, a state or a
subdivision thereof; provided, however, if such vessel is used for
recreational or rental purposes on the public waters of this state,
that vessel shall display the permanent number assigned to it by
Service Oklahoma;
5. A vessel that is used exclusively and solely for racing
purposes;
6. A vessel that is used exclusively and solely as a lifeboat;
and
7. A commercial flotation device which is assigned a permit by
the Scenic Rivers Commission pursuant to the provisions of Sections
1461 et seq. of Title 82 of the Oklahoma Statutes.
C. Except as otherwise provided for in this section, every
vessel and every outboard motor on the waters of this state shall
display the current registration decals or decal assigned to it by
Service Oklahoma. The outboard motor registration decal shall be
affixed to the upper portion of the motor cowling in such a manner
that approximately one-half (1/2) of the decal is displayed on the
left side of the motor cowling extending toward the rear of the
motor cowling. Vessel registration decals shall be:
1. Affixed on each side of the forward half of the vessel; and
2. In line with and within six (6) inches aft of the permanent
number.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1637
D. The owner of any vessel issued a permanent number pursuant
to the provisions of the Oklahoma Vessel and Motor Registration Act,
Section 4002 et seq. of this title, shall place on or attach to the
vessel the permanent number in such manner that it may be clearly
visible. The permanent number shall:
1. Be maintained in legible condition;
2. Be painted, applied as a decal, or otherwise affixed to each
side of the forward half of the vessel in contrasting color to the
background, as high above the waterline as is practical;
3. Read from left to right;
4. Be comprised of numbers and letters printed in block style
of at least three (3) inches in height and one-half (1/2) inch in
stroke width; and
5. Have spaces or hyphens that are equal to the width of a
letter other than "I" or a number other than "1" between the letter
and number groupings.
No other similar numbers shall be displayed on either side of the
forward half of the vessel.
E. The provisions of this section shall not apply to sailboards
or fishing tubes.
F. Service Oklahoma shall adopt rules for the placement of the
registration decal in an alternate location for antique boats. In
this subsection, "antique boat" means a boat that:
1. Is used primarily for recreational purposes; and
2. Was manufactured before 1968.
Such rules shall allow vessels registered as antique boats to
display the registration decal on the left portion of the
windshield. In the absence of a windshield, the rules shall allow
operators of antique boats to attach the registration decal to the
certificate of registration and make such decal and certificate
available for inspection when the boat is operated on public water.
Added by Laws 1989, c. 346, § 30, eff. Jan. 1, 1990. Amended by
Laws 1990, c. 304, § 5, emerg. eff. May 30, 1990; Laws 1992, c. 284,
§ 15, eff. Jan. 1, 1993; Laws 1994, c. 152, § 2, eff. July 1, 1994;
Laws 1997, c. 199, § 1, eff. Nov. 1, 1997; Laws 1999, c. 332, § 5,
eff. Nov. 1, 1999; Laws 2003, c. 34, § 1, eff. Nov. 1, 2003; Laws
2003, c. 393, § 2, emerg. eff. June 4, 2003; Laws 2004, c. 379, § 5,
eff. Nov. 1, 2004; Laws 2005, c. 1, § 102, emerg. eff. March 15,
2005; Laws 2008, c. 59, § 1, eff. Nov. 1, 2008; Laws 2022, c. 282, §
219, emerg. eff. May 19, 2022.
NOTE: Laws 2004, c. 364, § 2 repealed by Laws 2005, c. 1, § 103,
emerg. eff. March 15, 2005.
§63-4031. Boat liveries - Records - Safety equipment - Compliance
with act.
A. The owner of a boat livery shall cause to be kept a record
of the name and address of the person or persons hiring any vessel,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1638
the identification number of such vessel, the number of occupants of
said vessel, the departure date and time, and the expected date and
time of return. The record shall be preserved for at least six (6)
months.
B. Neither the owner of a boat livery nor his agent or employee
shall permit any vessel to be operated or to depart from his
premises unless it shall have been provided, either by owner or
renter, with the equipment required pursuant to the Oklahoma Boating
Safety Regulation Act and any rules promulgated thereto.
C. The owner of a boat livery shall be required to comply with
the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq.
of this title.
Laws 1989, c. 346, § 31, eff. Jan. 1, 1990; Laws 1992, c. 284, § 16,
eff. Jan. 1, 1993.
§63-4032. Violations - Punishments.
A. It shall be unlawful for any person to:
1. Lend or to sell to, or knowingly permit the use of by one
not entitled thereto, any certificate of title or registration
issued to or in the custody of the person so lending or permitting
the use thereof;
2. Alter or in any manner change a certificate of title or
registration certificate issued under the laws of this or any other
state;
3. Procure from another state or country or display upon any
vessel owned by the person within this state, except as otherwise
provided by the Oklahoma Vessel and Motor Registration Act, Section
4002 et seq. of this title, any number issued by any state or
country other than this state, unless there shall be displayed upon
such vessel at all times the permanent number assigned to it by
Service Oklahoma;
4. Buy, sell or dispose of, or have in the person's possession
for sale, use or storage, any secondhand or used vessel or motor on
which the registration fee has not been paid, as required by law,
and on which vessel or motor said person neglects, fails or refuses
to display at all times the permanent number assigned to it;
5. Register a vessel or motor on an assigned certificate of
title. This particular paragraph shall be applicable to all persons
except bona fide dealers who are holders of current and valid
dealers' licenses;
6. Operate a vessel or motor upon the waters of this state
after the registration deadline for that vessel or motor without a
proper title and registration, as prescribed by the Oklahoma Vessel
and Motor Registration Act, for the current year;
7. Release a certificate of title or excise tax receipt to any
unauthorized person or source, including any dealer. Violation of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1639
this paragraph shall constitute sufficient grounds for discharge of
a licensed operator by Service Oklahoma;
8. Alter or in any manner change a permanent number issued for
a vessel under the laws of this state or any other state; or
9. Offer for sale any used vessel, used motor, or any used
vessel or motor part if the vessel, motor, or part:
a. is not currently registered, if required,
b. has had the hull identification number or serial
number removed,
c. has a hull identification number or serial number
which does not match the number listed on the current
title or registration, or
d. appears, is suspected, or is known to be stolen.
Anyone violating the provisions of this subsection shall be
guilty of a misdemeanor and, upon conviction, shall be subject to a
fine not to exceed Fifty Dollars ($50.00) for each such violation.
B. Any owner who knowingly makes or causes to be made any false
statement of a fact required in this section to be shown in an
application for the title or registration of one or more vessels or
motors shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than One Thousand Dollars
($1,000.00), or shall be imprisoned in the county jail for not more
than one (1) year, or both such fine and imprisonment.
C. A violation of this section and any of the provisions of
Sections 4002 through 4031 of this title where a specific penalty
has not been imposed shall constitute a misdemeanor and upon
conviction thereof the person having violated it shall be fined not
less than Ten Dollars ($10.00) and not more than One Hundred Dollars
($100.00).
D. In addition thereto, it is specifically provided that any
person stating or giving or causing to be stated or given any false
information as to the location of any vessel or motor shall be
deemed guilty of a misdemeanor, and, upon conviction, shall be
punished by a fine of not more than Five Hundred Dollars ($500.00),
or by imprisonment in the county jail for a period not to exceed one
(1) year, or by both such fine and imprisonment.
Added by Laws 1989, c. 346, § 32, eff. Jan. 1, 1990. Amended by
Laws 1992, c. 284, § 17, eff. Jan. 1, 1993; Laws 2003, c. 393, § 3,
emerg. eff. June 4, 2003; Laws 2004, c. 364, § 3, eff. Nov. 1, 2004;
Laws 2022, c. 282, § 220, emerg. eff. May 19, 2022.
§63-4033. Dealers license required - Multiple locations - Bona fide
dealer status - Applications - Report of transfer of ownership -
Posting license - Authority granted by license - Compliance with
act.
A. It shall be unlawful for any person to engage in the
business of selling, or to serve in the capacity of, or act as a
Oklahoma Statutes - Title 63. Public Health and Safety Page 1640
dealer of new or used vessels, or motors, or new and used vessels,
and motors or any combination thereof in this state without first
obtaining a license therefor as provided for by the Oklahoma Vessel
and Motor Registration Act. Any person having more than one
location where such business is carried on or conducted shall be
required to obtain and hold a current license for each such
location.
B. 1. Dealer licenses issued pursuant to this section shall be
issued only to persons that prove to the satisfaction of Service
Oklahoma that they are clearly recognizable as bona fide dealers.
Proof of bona fide dealer status shall include, but need not be
limited to, the following:
a. Maintenance of a display area capable of regularly
displaying at least three vessels or motors, or a
minimum of one thousand two hundred (1,200) square
feet, indoors or outdoors,
b. Annual sales of substantial numbers of new or used
vessels or motors. "Substantial sales" normally means
sale of five or more vessels or motors unless the
applicant can show unusual circumstances justifying
lesser sales,
c. Consistent identification of the business as a dealer
or mercantile establishment in advertising, signs,
telephone book listings, and the like. The dealership
must be clearly identifiable as such by any person who
visits or deals with it,
d. Location of dealership in areas where zoning permits
such sales and commercial operations,
e. Regular hours of operation from May 1 to September 1,
inclusive, at least five (5) days per week, and
f. a picture, upon application for a new license, of the
business location which includes the selling lot and
the office and business sign.
2. Service Oklahoma shall issue a license to sell new vessels
or motors only to those persons having a dealer agreement to sell
new vessels or new motors in this state.
C. 1. Applications for licenses required to be obtained
pursuant to the provisions of this section shall be verified by the
oath or affirmation of the applicant and shall be on forms
prescribed by Service Oklahoma and furnished to such applicants, and
shall contain such information as Service Oklahoma deems necessary
to enable it to fully determine the qualifications and eligibility
of the applicant to receive the license requested. Service Oklahoma
shall require in such application, or otherwise, information
relating to:
a. the applicant's financial standing,
b. the applicant's business integrity,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1641
c. whether the applicant has an established place of
business and is primarily engaged in the pursuit,
avocation or business for which a license or licenses
have been requested,
d. whether the applicant is able to properly conduct the
business for which a license or licenses have been
requested, and
e. such other pertinent information consistent with the
safeguarding of the public interest and the public
welfare.
All such applications for license or licenses shall be
accompanied by the appropriate fee or fees therefor in accordance
with the schedule set out in Section 4034 of this title.
2. In the event any such application is denied and the license
for which requested is not issued, the entire license fee shall be
returned to the applicant.
3. All licenses issued under the provisions of the Oklahoma
Vessel and Motor Registration Act shall expire on December 31
following the date of issue and shall be nontransferable. All
applications for renewal of a license issued pursuant to the
provisions of this section shall be submitted by December 1 of each
year, and such license will be issued by January 1. If applications
have not been made for renewal of licenses by December 31 of each
year it shall be illegal for any person to sell or to serve in the
capacity or act as a dealer. If after January 31 of each year the
license has not been renewed or the renewal paid, then such licensee
shall be required to apply for a license as a new applicant.
Licensed operators will be notified not to accept such dealers'
titles until such time as licenses have been issued by Service
Oklahoma. Provided, however, such dealers may transfer titles to
vessels or motors purchased for resale prior to the expiration of
their license. Such dealer shall provide the purchaser with a copy
of the invoice showing purchase of the vessel or motor prior to the
expiration of the dealer's license. Such transfers shall only be
allowed within two (2) years of the license expiration.
D. Application for a dealer's license must show that such
dealer has not violated any of the provisions of this section.
E. Service Oklahoma may require every person licensed as a
dealer, pursuant to the provisions of this subsection, to make a
report to Service Oklahoma within a period of seven (7) days after
the transfer by such person of the legal ownership of every vessel
or motor upon a form prescribed and furnished by Service Oklahoma,
showing the name and address of the purchaser, a description of the
vessel or motor, including but not limited to the make, model, year
made, permanent vessel number or motor number, as the case might be,
the date of the transfer and such other information as the
Commission may require, and containing a certificate signed by the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1642
seller that the purchaser was given notice at the time of the sale
or transfer that the purchaser is required by law to obtain a
certificate of title for such vessel or motor from Service Oklahoma
within thirty (30) calendar days after such sale or transfer.
Service Oklahoma may cancel or suspend, in the manner provided by
law, the license of any person licensed as a dealer pursuant to the
provisions of this section who fails or refuses to comply with the
provisions of this section. Dealers failing to comply with
provisions of this section shall be responsible for all taxes due on
such sales or on such vessels or motors.
F. The license of each dealer shall be posted in a conspicuous
place in the dealer's place or places of business.
G. 1. A new dealer's license authorizes a dealer to transfer,
purchase and sell new and used vessels and motors.
2. A used dealer's license authorizes a dealer to transfer,
purchase and sell used vessels and motors.
3. A new dealer's license or a used dealer's license authorizes
a dealer to transfer and assign titles and purchase new and used
vessels and motors without paying excise tax.
H. Any dealer agreement executed or renewed on and after the
effective date of this act shall comply with the provisions of the
Oklahoma Vessel and Motor Registration Act.
Added by Laws 1989, c. 346, § 33, eff. Nov. 1, 1989. Amended by
Laws 1990, c. 304, § 6, emerg. eff. May 30, 1990; Laws 1992, c. 284,
§ 18, eff. Jan. 1, 1993; Laws 2022, c. 282, § 221, emerg. eff. May
19, 2022.
§63-4034. Fees.
The schedule of license fees to be charged and received by
Service Oklahoma for the licenses issued pursuant to Section 4033 of
this title shall be as follows:
1. For the license issued initially to each dealer of new
vessels or new motors, the fee shall be Two Hundred Dollars
($200.00) per location licensed. In addition to the license fee, a
Ten Dollar ($10.00) fee per dealer agreement for each such vessel or
motor sold at each location licensed shall be charged. The annual
renewal fee shall be One Hundred Dollars ($100.00) per location per
year. Any changes in the make of vessels or motors sold at any
location licensed shall be specified in the renewal application. A
fee of Ten Dollars ($10.00) per location shall be charged for such
additional dealer agreement for each such vessel or motor sold; and
2. For the license issued initially to each dealer of used
vessels or motors, the fee shall be Fifty Dollars ($50.00) per each
location licensed with an annual renewal fee of Fifty Dollars
($50.00) per location per year.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1643
Laws 1989, c. 346, § 34, eff. Nov. 1, 1989; Laws 1992, c. 284, § 19,
eff. Jan. 1, 1993; Laws 2022, c. 282, § 222, emerg. eff. May 19,
2022.
§63-4035. Demonstration permits - Record of purchases and sales.
A. Upon issuance of a license to sell new vessels or new
motors, there shall be assigned and issued to such dealer three
demonstration permits for vessels, three demonstration permits for
motors, or three demonstration permits for each such class the
dealer has been authorized to sell. Such permits shall be displayed
upon each vessel or motor owned by the dealer when the vessel or
motor is driven or displayed on any water of this state. No such
demonstration permit issued to any dealer shall be used or displayed
upon any secondhand or used vessel or motor, or upon any new vessel
or motor which is for private use, or for hire. Any dealer or agent
thereof for purposes of demonstrating a vessel or motor for a sale,
or any other person, with consent of the dealer, while contemplating
purchase, may operate a new vessel or motor with the dealer's
demonstration permit affixed so long as this intent is limited to a
consecutive seventy-two-hour period, or a weekend. For the purposes
of this subsection, "driven or displayed on any water of this state"
does not include the use of a vessel or motor for participation in a
contest.
B. Each dealer of new and used vessels or motors, shall keep a
record of the purchase and sale of each vessel or motor he buys or
sells, which shall show the name of the seller or buyer as the case
may be, and a complete description of the vessel or motor purchased
or sold, and such other information as Service Oklahoma may
prescribe.
Added by Laws 1989, c. 346, § 35, eff. Nov. 1, 1989. Amended by
Laws 1990, c. 304, § 7, emerg. eff. May 30, 1990; Laws 2004, c. 364,
§ 4, eff. Nov. 1, 2004; Laws 2022, c. 282, § 223, emerg. eff. May
19, 2022.
§63-4035.1. Manufacturer's testing permits - Display - Fee.
Upon application, there shall be assigned and issued up to ten
manufacturer's testing permits to manufacturers of new boats or
motors. Such permits shall be displayed upon each vessel or motor
owned by the manufacturer when the vessel or motor is driven or
tested on the waters of this state. No such tester permit shall be
used upon any new vessel or motor which is for private use or for
hire.
The manufacturer's testing permit shall be provided at a cost of
Five Dollars ($5.00) each and shall expire on December 31 of each
year.
Added by Laws 1991, c. 126, § 6, emerg. eff. April 29, 1991.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1644
§63-4036. Used vessels or motors - Expiration of registration - Use
of demonstration permit - Purchase or transfer of ownership of out-
of-state used vessel or motor - Application for certificate of title
- Sale or transfer of ownership - Tax stamp - Registration by
purchaser.
A. When a registration expires on a used vessel or motor while
in the possession of a dealer, the dealer shall affix a dealer's
demonstration permit to such vessel or motor whenever the vessel or
motor is used for demonstration.
B. Upon the purchase or transfer of ownership of an out-of-
state used vessel or motor by a dealer, or the purchase or transfer
of ownership of a vessel or motor which does not have a certificate
of title or a certificate of registration the dealer shall make
application for an Oklahoma certificate of title pursuant to the
Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of
this title. Upon receipt of the Oklahoma certificate of title, the
dealer shall follow the procedure as set forth in subsection A of
this section. Provided, nothing in this title shall be construed as
requiring a dealer to register a vessel or motor purchased in
another state which will not be operated or sold in this state.
C. Upon sale or transfer of ownership of the used vessel or
motor, the dealer shall place upon the reassignment portion of the
certificate of title a tax stamp issued by the county treasurer of
the county in which the dealer has his primary place of business.
The tax stamp shall be issued upon payment of a fee of Three Dollars
and fifty cents ($3.50) and shall be in lieu of the dealer's ad
valorem tax on the inventories of used vessels or motors but shall
not relieve any other property of the dealer from ad valorem
taxation.
D. Upon sale of a used vessel or motor to another licensed
dealer, the selling dealer shall place the tax stamp required in
subsection C of this section upon the certificate of title.
E. The purchaser of every used vessel or motor except as
otherwise provided by law, shall obtain registration and title for
the vessel or motor within thirty (30) calendar days from the date
of purchase of same.
Added by Laws 1989, c. 346, § 36, eff. Nov. 1, 1989. Amended by
Laws 1990, c. 304, § 8, emerg. eff. May 30, 1990; Laws 1992, c. 284,
§ 20, eff. Jan. 1, 1993.
§63-4037. Dealer agreements - Restrictions.
A. The following are the subjects that shall be covered by a
dealer agreement:
1. Length of term of dealer agreement;
2. Performance and marketing standards;
3. Notice provisions relative to termination, cancellation, or
nonrenewal of a dealer agreement;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1645
4. The parties' respective obligations relative to preparation
and delivery of the product and warranty service;
5. The parties' respective obligations upon termination,
cancellation, or nonrenewal of the dealer agreement relative to the
disposal of inventory and equipment, furnishings, special tools, and
signs required by the manufacturer or distributor and acquired
within the two (2) years last preceding such termination,
cancellation, or nonrenewal; and
6. Process and procedure for the resolution of disputes between
the parties.
B. 1. No manufacturer shall enter into a dealer agreement with
a dealer for the same product line regardless of brand name within a
fifteen (15) mile radius of an existing dealer of the same product
line regardless of brand name, provided any dealer agreements in
existence on June 3, 1989, may be extended or re-issued.
2. The provisions of this subsection shall not apply to dealer
agreements relating to inboard and inboard/outboard motors or to
dealer agreements relating to canoes.
Added by Laws 1989, c. 346, § 37, emerg. eff. June 3, 1989. Amended
by Laws 1990, c. 304, § 9, emerg. eff. May 30, 1990; Laws 1993, c.
321, § 2, emerg. eff. June 7, 1993.
§63-4037.1. Relocating existing dealership within or into relevant
market area where same product line is represented.
In the event that a dealer seeks to establish a new vessel or
new motor dealership or relocate an existing vessel or motor
dealership within or into a relevant market area where the same
product line is then represented, the dealer shall notify Service
Oklahoma and each new vessel or new motor dealer of such product
line in the relevant market area of the intention to establish or
relocate a dealership within or into that market area. The relevant
market area is the area within a radius of fifteen (15) miles of the
site of the proposed new vessel or new motor dealership. Within
fifteen (15) days of receiving such notice such new vessel or new
motor dealer may file with Service Oklahoma a protest to the
establishing or relocating of the proposed new vessel or new motor
dealership. When such a protest is filed, Service Oklahoma shall
inform the dealer that a timely protest has been filed, and that the
dealer shall not establish or relocate the proposed new vessel or
new motor dealership until Service Oklahoma has held a hearing, nor
thereafter, if Service Oklahoma has determined that there is good
cause for not permitting such new vessel or new motor dealership.
The manufacturer or factory representative of the same product line
may obtain a waiver of protest from each new vessel or new motor
dealer of the same product line within that relevant market area.
If a waiver of protest from each dealer within the relevant market
area is not attached to the application for the new dealer seeking
Oklahoma Statutes - Title 63. Public Health and Safety Page 1646
to establish, Service Oklahoma shall render a final decision no
later than sixty (60) days after Service Oklahoma's receipt of the
notice of protest. In any hearing held pursuant to this section on
additional dealerships or relocation of dealerships the new dealer
or existing dealer relocating shall have the burden of proof. For
the purposes of this section, the reopening in a relevant market
area of a new vessel or new motor dealership that has not been in
operation for two (2) years or more shall be deemed the
establishment of a new vessel or new motor dealership. For the
purpose of this section, the designation of an additional location
in an existing dealership agreement shall be deemed to be the
establishment of a new vessel or new motor dealership.
Added by Laws 1990, c. 304, § 11, emerg. eff. May 30, 1990. Amended
by Laws 2022, c. 282, § 224, emerg. eff. May 19, 2022.
§63-4037.2. Good cause for not relocating additional dealership for
same product line - Circumstances considered.
In determining whether good cause has been established for not
entering into or relocating an additional dealership for the same
product line, Service Oklahoma shall take into consideration the
existing circumstances, including, but not limited to:
1. Permanency of the investment of the proposed dealership;
2. Effect on the retail new vessel or new motor business and
the consuming public in the relevant market area;
3. Whether it is injurious to the public welfare for an
additional new vessel or new motor dealership to be established;
4. Whether the new vessel or new motor dealers of the same
line-make in that relevant market area are providing adequate
competition and convenient consumer care for the new vessel or new
motor and service facilities, equipment, supply of new vessel or new
motor parts, and qualified service personnel; and
5. Whether the establishment of an additional new vessel or new
motor dealership would increase competition, and therefore be in the
public interest.
Added by Laws 1990, c. 304, § 12, emerg. eff. May 30, 1990. Amended
by Laws 2022, c. 282, § 225, emerg. eff. May 19, 2022.
§63-4038. Designated successor of deceased or incapacitated new
vessel dealer - Continuation of existing dealer agreement - Refusal
to honor succession - Notice.
A. A designated successor of a deceased or incapacitated new
vessel dealer may succeed the dealer in the ownership or operation
of the dealership under the existing dealer agreement, if the
designated successor gives the manufacturer or distributor written
notice of his intention to succeed to the dealership within sixty
(60) days after the dealer's death or incapacity and agrees to be
bound by all of the terms and conditions of the dealer agreement. A
Oklahoma Statutes - Title 63. Public Health and Safety Page 1647
manufacturer or distributor may refuse to honor the existing dealer
agreement with the designated successor for good cause or criteria
agreed to in the existing dealer agreement, and may require the
designated successor to supply personal and financial data necessary
to determine whether the existing dealer agreement should be
honored.
B. Within sixty (60) days after receiving the notice of the
designated successor's intent to succeed the dealer in the ownership
and operation of the dealership or within sixty (60) days after
receiving the requested personal and financial data, whichever last
occurs, if a manufacturer or distributor believes that good cause or
other criteria exists for refusing to honor the succession, the
manufacturer or distributor may serve upon the designated successor
notice of its refusal to approve the succession.
Added by Laws 1989, c. 346, § 38, emerg. eff. June 3, 1989.
§63-4039. Termination of dealer agreement - Continued sale of
parts.
After the termination of the dealer agreement by the
manufacturer, the manufacturer shall continue to sell parts to the
dealer in order that the dealer may continue to service any ofthe
manufacturer's products which the dealer may have sold to customers
prior to termination for a period not to exceed eighteen (18) months
from the date of termination.
Added by Laws 1989, c. 346, § 39, emerg. eff. June 3, 1989.
§63-4039.1. Commercial vessel dealer - Docking of vessels for sale.
Any currently licensed Oklahoma vessel dealer owning a
commercial marina on the waters of this state may dock his vessels
for sale at his marina.
Added by Laws 1991, c. 126, § 7, emerg. eff. April 29, 1991.
Amended by Laws 1992, c. 284, § 21, eff. Jan. 1, 1993.
§63-4040. Brokers prohibited - Exception.
A. It shall be unlawful to be a broker.
B. For the purposes of this section, "broker" means a person
who, for a fee, commission or other valuable consideration, arranges
or offers to arrange a transaction involving the sale, for purposes
other than resale, of a new or used vessel or new or used motor, and
who is not:
1. A new or used vessel or new or used motor dealer or agent or
employee of such a dealer; or
2. A distributor or an agent or employee of such a distributor.
However, an individual shall not be deemed to be a broker if the
individual is the owner of the new or used vessel or new or used
motor which is the object of the brokering transaction.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1648
Added by Laws 1989, c. 346, § 40, eff. Jan. 1, 1990. Amended by
Laws 2003, c. 393, § 4, emerg. eff. June 4, 2003.
§63-4041. Violations - Denial, revocation or suspension of license
- Fine.
Service Oklahoma may deny an application for a license, or
revoke or suspend a license or impose a fine not to exceed Five
Hundred Dollars ($500.00) against a dealer for each day that any
provision of this section or Sections 4033 through 4040 of this
title is violated or for any of the following reasons:
1. On satisfactory proof of unfitness of the applicant in any
application for any license pursuant to the provisions of the
Oklahoma Vessel and Motor Registration Act;
2. For any material misstatement made by an applicant in any
application for any license pursuant to the provisions of the
Oklahoma Vessel and Motor Registration Act;
3. For any failure to comply with any provision of the Oklahoma
Vessel and Motor Registration Act or any rule promulgated by Service
Oklahoma under authority vested in it by the Oklahoma Vessel and
Motor Registration Act, Section 4002 et seq. of this title;
4. A change of condition after license is granted resulting in
failure to maintain the qualifications for license;
5. Being a dealer who:
a. has required a purchaser of a new vessel or motor, as
a condition of sale and delivery thereof, to also
purchase special features, appliances, accessories or
equipment not desired or requested by the purchaser
and installed by the dealer,
b. uses any false or misleading advertising in connection
with his business as such a dealer,
c. has committed any unlawful act which resulted in the
revocation of any similar license in another state,
d. has failed or refused to perform any written agreement
with any retail buyer involving the sale of a vessel
or motor,
e. has been convicted of a crime involving moral
turpitude,
f. has committed a fraudulent act in selling, purchasing,
or otherwise dealing in vessels or motors or has
misrepresented the terms and conditions of a sale,
purchase, or contract for sale or purchase of a vessel
or motor or any interest therein including an option
to purchase such vessel or motor, or
g. has failed to meet or maintain the conditions and
requirements necessary to qualify for the issuance of
a license;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1649
6. Being a dealer who does not have an established place of
business;
7. Being a new vessel or new motor dealer who:
a. does not provide for a suitable repair shop separate
from the display room with ample space to repair or
recondition one or more vessels or motors at the same
time, and which is equipped with such parts, tools and
equipment as may be requisite for the servicing of
vessels or motors in such a manner as to make them
comply with the safety laws of this state and to
properly fulfill the dealer's or manufacturer's
warranty obligation. Provided that the provisions of
this subparagraph shall not apply to:
(1) mercantile establishments engaged in the selling
of vessels and motors if:
(a) such vessel and motor business does not
constitute more than ten percent (10%) of
the business of such establishment,
(b) the vessels sold at such establishment are
under fourteen (14) feet in length, and
(c) the outboard motors sold at such
establishment are under ten (10) horsepower,
or
(2) dealers which are engaged solely in the business
of selling canoes. For the purposes of this
subsection, "canoe" shall mean a vessel that is
long relative to its width, that has curved sides
and is tapered to two (2) pointed ends, or is
tapered to one (1) pointed end and blunt on the
other end, and is generally of traditional shape,
b. does not hold a dealer agreement in effect with a
manufacturer or distributor of new vessels or motors
for the sale of the same and is not authorized by the
manufacturer or distributor to render predelivery
preparation of such vessels or motors sold to
purchasers and to perform any authorized post-sale
work pursuant to the manufacturer's or distributor's
warranty, or
c. does not properly service a new vessel or motor before
delivery of same to the original purchaser thereof.
Added by Laws 1989, c. 346, § 41, eff. Jan. 1, 1990. Amended by
Laws 1990, c. 304, § 10, emerg. eff. May 30, 1990; Laws 1992, c.
284, § 22, eff. Jan. 1, 1993; Laws 2022, c. 282, § 226, emerg. eff.
May 19, 2022.
§63-4042. Denial, suspension or revocation of license - Hearing -
Notice - Production of documents - Subpoena - Witnesses.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1650
Service Oklahoma may deny any application for license, or
suspend or revoke a license issued or impose a fine, only after a
hearing of which the applicant, or licensee affected, shall be given
at least ten (10) days' written notice specifying the reason for
denying the applicant a license, or, in the case of a revocation or
suspension or imposition of a fine, the offenses of which the
licensee is charged. Such notices may be served as provided by law
for the service of notices, or by mailing a copy by registered mail
to the last-known residence or business address of such applicant or
licensee. The hearing on such charges shall be at such time and
place as Service Oklahoma may prescribe and the aforementioned
notice shall further specify the time and place. Service Oklahoma
shall have the power to compel the production of all records, papers
and other documents which may be deemed relevant to the proceeding
bearing upon the complaints. Service Oklahoma shall have the power
to subpoena and bring before it any person, or take testimony of any
such person by deposition, with the same fees and mileage and in the
same manner as prescribed in proceedings before courts of the state
in civil cases. Any party to such hearing shall have the right to
the attendance of witnesses in his behalf upon designating to
Service Oklahoma the person or persons sought to be subpoenaed.
Added by Laws 1989, c. 346, § 42, eff. Jan. 1, 1990. Amended by
Laws 2022, c. 282, § 227, emerg. eff. May 19, 2022.
§63-4043. Injunction - Parties.
Service Oklahoma is hereby authorized, without cost, bond or
deposit, to institute injunctive actions in courts of competent
jurisdiction, in the name of the State of Oklahoma on the relation
of Service Oklahoma, to enforce the provisions of Sections 4033
through 4042 of this title. Any licensee or other person who
violates or threatens to violate any provision of Sections 4033
through 4042 of this title or rule or regulation enacted thereunder
or order of Service Oklahoma may be enjoined from so doing.
Added by Laws 1989, c. 346, § 43, eff. Jan. 1, 1990. Amended by
Laws 1992, c. 284, § 23, eff. Jan. 1, 1993; Laws 2022, c. 282, §
228, emerg. eff. May 19, 2022.
§63-4044. Permits for displays and sales of new vessels or motors
held off premises of licensed dealer.
Service Oklahoma shall issue permits for displays and sales of
new vessels or motors which are held off the premises of a licensed
dealer thereof as follows:
1. A promotion by an individual new vessel or motor dealer
which is held off the premises of such dealer and at which sales
activities are conducted may be held only under the following
conditions:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1651
a. the dealer participates in an advertised vessel or
motor show in which at least two other vessel or motor
dealers are participating,
b. application for a permit for a sales promotion by an
individual dealer shall be made to Service Oklahoma at
least seven (7) calendar days prior to such promotion,
and such permit shall be issued by Service Oklahoma
upon payment of a fee of Fifty Dollars ($50.00) per
event,
c. the permit shall be valid for a period not to exceed
fourteen (14) consecutive days, and
d. Service Oklahoma shall not issue a permit to a dealer
if he has obtained a permit within the past forty-five
(45) calendar days for the same location;
2. A dealer may not be denied a permit on the grounds that the
sales promotion is to be held within the relevant market area of
another dealer of the same product line;
3. A dealer who fails to obtain such a permit shall be subject
to the penalties and fines provided for in Section 4041 of Title 63
of the Oklahoma Statutes.
Provided, a permit shall not be required pursuant to the
provisions of this section for a display or sale of new vessels or
motors which is held off the premises of a licensed dealer if the
display or sale is held within a twenty-five (25) mile radius of the
location of the dealership; and
4. Prior to the completion of a sale at an off-premises
location, the dealer shall be required to disclose in writing to any
person purchasing a new vessel or motor the following information:
a. that location of the dealership making the sale, and
b. that other dealers may not be willing to do repair or
warranty work on vessels not purchased at their
dealership.
Any salesperson working at an off-premises location shall not wear
any identification or clothing indicating an affiliation with
another retailer.
Added by Laws 1990, c. 315, § 6, eff. July 1, 1990. Amended by Laws
1992, c. 284, § 24, eff. Jan. 1, 1993; Laws 1993, c. 321, § 3,
emerg. eff. June 7, 1993; Laws 1997, c. 55, § 1, eff. Nov. 1, 1997;
Laws 2022, c. 282, § 229, emerg. eff. May 19, 2022.
§63-4101. Short title - Definitions.
A. This section and Sections 4102 through 4108 of this title
shall be known and may be cited as the "Oklahoma Vessel and Motor
Excise Tax Act".
B. The terms used in the Oklahoma Vessel and Motor Excise Tax
Act shall have the same definitions as those terms are defined by
Oklahoma Statutes - Title 63. Public Health and Safety Page 1652
the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq.
of this title.
Laws 1989, c. 346, § 44, eff. Jan. 1, 1990; Laws 1992, c. 284, § 25,
eff. Jan. 1, 1993.
§63-4102. Authority and jurisdiction to administer.
A. Service Oklahoma is hereby granted authority and
jurisdiction to administer the Oklahoma Vessel and Motor Excise Tax
Act, and Service Oklahoma is hereby authorized to promulgate, adopt,
and enforce all necessary rules and regulations and to prescribe all
forms which it deems necessary to carry the Oklahoma Vessel and
Motor Excise Tax Act into effect and to enforce the provisions
thereof.
B. All forms, declarations, applications, statements, or other
information in writing and executed by owners or representatives of
owners are hereby declared to be executed and shall be considered to
be executed under penalties of perjury.
Added by Laws 1989, c. 346, § 45, eff. Jan. 1, 1990. Amended by
Laws 2025, c. 171, § 62, eff. July 1, 2026.
§63-4103. Excise tax - Amount - When due - Delinquency - Failure or
refusal to pay - Penalty - Exceptions - Credits.
A. There is hereby levied an excise tax of three and one-fourth
percent (3 1/4%) of the value of each vessel and motor upon the
transfer of legal ownership of any such vessel or motor registered
in this state and upon the use of any such vessel or motor
registered in this state, and upon the use of any such vessel or
motor registered for the first time in this state required to be
registered pursuant to the Oklahoma Vessel and Motor Registration
Act. The tax hereby levied shall be due at the time of the transfer
of legal ownership or first registration in this state of such
vessel or motor and shall be collected by Service Oklahoma at the
time of the issuance of a certificate of title for any such vessel
or motor. The excise tax levied by the Oklahoma Vessel and Motor
Excise Tax Act shall be delinquent from and after the thirtieth day
after the legal ownership or possession of any vessel or motor is
obtained. Any person failing or refusing to pay the tax as herein
provided on or before the date of delinquency shall pay, in addition
to the tax, a penalty of twenty-five cents ($0.25) per day for each
day of delinquency, but such penalty shall in no event exceed the
amount of the tax.
B. The provisions of this section shall not apply to transfers
made without consideration between husband and wife or parent and
child.
C. There shall be a credit allowed with respect to the excise
tax paid for a new vessel or motor which is a replacement for:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1653
a. a new original vessel or motor which is stolen from
the purchaser/registrant within ninety (90) days of
the date of purchase of the original vessel or motor
as certified by a police report or other documentation
as required by Service Oklahoma, or
b. a defective new original vessel or motor returned by
the purchaser/registrant to the seller within six (6)
months of the date of purchase of the defective new
original vessel or motor as certified by the
manufacturer.
Said credit shall be in the amount of the excise tax which was paid
for the new original vessel or motor and shall be applied to the
excise tax due on the replacement vessel or motor. In no event will
said credit be refunded.
Added by Laws 1989, c. 346, § 46, eff. Jan. 1, 1990. Amended by
Laws 2022, c. 282, § 230, emerg. eff. May 19, 2022.
§63-4104. Apportionment and distribution of revenue.
All revenue derived under the Oklahoma Vessel and Motor Excise
Tax Act, Section 4102 et seq. of this title, shall be apportioned
and distributed by Service Oklahoma as provided for in Section 1101
of Title 47 of the Oklahoma Statutes of the Oklahoma Vehicle License
and Registration Act.
Added by Laws 1989, c. 346, § 47, eff. Jan. 1, 1990. Amended by
Laws 1992, c. 284, § 26, eff. Jan. 1, 1993; Laws 2025, c. 171, § 63,
eff. July 1, 2026.
§63-4105. Value of vessel or motor - Time, method of determination
- Disputed value.
A. The value of any vessel or motor for the purposes of the
excise tax levied by Section 4103 of this title shall be determined
as of the time the person applying for a certificate of title
thereto obtained either legal ownership or possession of the vessel
or motor which shall be the actual date of the sale or other
transfer of legal ownership, which date shall be shown by the
assignment on the certificate of title or, in the case of a new
vessel or motor on the manufacturer's certificate or statement of
origin hereby required, and by the application for registration,
required to be furnished by the licensed dealer for use by the
purchaser. The value of a new vessel or new motor for excise tax
purposes shall be the manufacturer's price of such vessel or motor
delivered at the factory. As used herein, the manufacturer's
factory-delivered price shall represent the recommended retail
selling price and shall not mean the wholesale price to a dealer.
Further, for purposes of the Oklahoma Vessel and Motor Excise Tax
Act, Section 4102 et seq. of this title, a new vessel or new motor
used by a licensed dealer for demonstration purposes shall be
Oklahoma Statutes - Title 63. Public Health and Safety Page 1654
considered a new vessel or new motor upon the first time sale and
registration of such vessel or motor. The value of a used vessel or
used motor shall be sixty-five percent (65%) of the manufacturer's
price of such vessel or motor delivered at the factory for
subsequent transfers for the first year and for the second year and
sixty-five percent (65%) of the value of the previous year so fixed
for each successive year for which such vessel or motor is
registered and licensed in this or any other state, until such
vessel or motor reaches a minimum value of Two Hundred Fifty Dollars
($250.00).
B. Service Oklahoma shall have the authority in cases of
dispute to determine the factory delivered price or price of any
vessel or motor.
C. In computing the excise tax, the fees collected shall be
rounded to the nearest dollar.
Added by Laws 1989, c. 346, § 48, eff. Jan. 1, 1990. Amended by
Laws 1992, c. 284, § 27, eff. Jan. 1, 1993; Laws 2022, c. 282, §
231, emerg. eff. May 19, 2022.
§63-4106. Exemptions.
An original or a transfer certificate of title shall be issued
without the payment of the excise tax levied by this act for:
1. Any vessel or motor owned by a nonresident which is already
registered in another state and has been in Oklahoma for a period in
excess of sixty (60) calendar days in any single registration year.
2. Any vessel or motor brought into this state by a person
formerly living in another state, who has owned and registered said
vessel or motor in such other state of his residence at least sixty
(60) calendar days prior to the time it is required to be registered
in this state;
3. Any vessel or motor registered by the United States, State
of Oklahoma or by any of the political subdivisions thereof;
4. Any vessel or motor the legal ownership of which is obtained
by the applicant for a certificate of title by inheritance;
5. Any vessel or motor which is owned and being offered for
sale by a person licensed as a dealer under the provisions of the
Oklahoma Vessel and Motor Registration Act, registered in Oklahoma
and the excise tax paid thereon;
6. Any vessel or motor, the ownership of which was obtained by
the lienholder or mortgagee under or by foreclosure of a lien or
mortgage in the manner provided by law or to the insurer under
subrogated rights arising by reason of loss under an insurance
contract;
7. Any vessel or motor, the legal ownership of which is
obtained by transfers:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1655
a. from one corporation to another corporation pursuant
to a reorganization. As used in this section, the
term "reorganization" means:
(1) a statutory merger or consolidation, or
(2) the acquisition by a corporation of substantially
all of the properties of another corporation when
the sole consideration is all or a part of the
voting stock of the acquiring corporation, or of
its parent or subsidiary corporation;
b. in connection with the winding up, dissolution or
liquidation of a corporation only when there is a
distribution in kind to the shareholders of the
property of such corporation;
c. to a corporation for the purpose of organization of
such corporation when the former owners of the vessel
or motor transferred are immediately after the
transfer in control of the corporation, and the stock
or securities received by each is substantially in
proportion to his interest in the vessel or motor
prior to the transfer;
d. to a partnership in the organization of such
partnership if the former owners of the vessel or
motor transferred are, immediately after the transfer,
members of such partnership and the interest in the
partnership received by each is substantially in
proportion to his interest in the vessel or motor
prior to the transfer;
e. from a partnership to the members thereof when made in
the dissolution of such partnership;
8. All vessels or motors owned by the council organizations or
similar state supervisory organizations of the Boy Scouts of
America, Girl Scouts of U.S.A. and the Campfire Girls; and
9. All vessels or motors owned by organizations which are
exempt from taxation pursuant to the provisions of Section 501(c)(3)
of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and
which are primarily devoted to the establishment, development,
operation, promotion, and participation in, alone or in conjunction
with others, educational and training programs and competitive
events to provide knowledge, information, or comprehensive skills
related to the sports of sailing, fishing, boating, and other
aquatic related activities.
Added by Laws 1989, c. 346, § 49, eff. Jan. 1, 1990. Amended by
Laws 2006, c. 272, § 7, eff. Nov. 1, 2006.
§63-4107. Tax in lieu of all other taxes - Sales tax on unattached
accessories.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1656
A. The excise tax levied by the Oklahoma Vessel and Motor
Excise Tax Act is in lieu of all other taxes on the transfer or the
first registration in this state of vessels and motors, including
the optional equipment and accessories attached thereto at the time
of the sale and sold as a part thereof, except:
1. Vessel and motor registration fees levied pursuant to the
provisions of the Oklahoma Vessel and Motor Registration Act; and
2. Any fees for the issuance of either an original, renewal,
transfer or duplicate certificate of title.
B. This section shall not relieve any vessel or motor dealer
from liability for the sales tax on all sales of accessories or
optional equipment, or parts, which are not attached to and sold as
a part thereof and included in the sale of such vessels or motors.
Added by Laws 1989, c. 346, § 50, eff. Jan. 1, 1990.
§63-4108. Failure or refusal to pay tax - Report to Commission -
Seizure - Hearing - Sale.
A. In any case where the owner of a vessel or motor subject to
the tax levied by the Oklahoma Vessel and Motor Excise Tax Act fails
or refuses to pay the same, after proper demand therefor by an
officer or agent of Service Oklahoma, such officer or agent shall
immediately report such failure to Service Oklahoma and shall, at
the same time in case of failure to pay, seize and hold said vessel
or motor, as provided by law in case of failure to pay the annual
vessel or motor registration fee.
B. Service Oklahoma shall, upon demand of the owner of the
vessel or motor, accord a hearing to said owner as provided by law
and enter its findings and order accordingly. If it is determined
by Service Oklahoma that said tax is due and payable, then it shall
issue its warrant, directly to the sheriff of the county, ordering
and directing the sale of such vessel or motor according to the same
procedure provided by law for the sale of vessels and motors for
failure to pay the required registration fee. Such seizure and sale
may, at the time, include both the registration fee due and the
excise tax levied by the Oklahoma Vessel and Motor Excise Tax Act,
together with all costs of an advertisement and sale. The sale
shall be conducted in the manner provided by law for the sale of
personal property under execution.
Added by Laws 1989, c. 346, § 51, eff. Jan. 1, 1990. Amended by
Laws 2022, c. 282, § 232, emerg. eff. May 19, 2022.
§63-4200. Short title.
Section 4201 et seq. of this title shall be known and may be
cited as the "Oklahoma Boating Safety Regulation Act".
Added by Laws 1989, c. 346, § 52, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 28, eff. Jan. 1, 1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1657
§63-4201. Definitions.
In addition to the terms defined by the Oklahoma Vessel and
Motor Registration Act, for the purposes of the Oklahoma Boating
Safety Regulation Act:
1. "Buoy" means an anchored marker for marking a position on
the water, or a hazard, shoal or mooring, or any other prohibitive
activity area;
2. "Capacity plate" means a sign posted in view of the
operator's station on a vessel which designates the maximum weight
capacity and horsepower restrictions of a vessel for safe operation;
3. "Diver's flag" means a red flag not less than twenty (20)
inches by twenty-four (24) inches with a four-inch white stripe
running from one upper corner to a diagonal lower corner, and such
flag is used to indicate a submerged diver;
4. "Emergency vessel" means any law enforcement vessel which is
legally authorized to operate in the emergency mode;
5. "Law enforcement vessel" means any vessel legally authorized
to operate under the color of law;
6. “Lienholder” means a person holding a security interest in a
vessel, as shown on the vessel title;
7. "Manipulate" means to guide, steer or otherwise control;
8. "Marine sewage" means any substance, treated or untreated,
that contains any of the waste products of humans or animals or
foodstuffs;
9. "Marine toilet" means any latrine, head, lavatory or toilet
intended to receive marine sewage and which is located on or in any
vessel;
10. "Operator" means the person who operates, has actual
physical control, or has charge of the navigation or use of a
vessel;
11. "Parasail" means any device which, when airborne, is used
or capable of being used for lifting or suspending a person who is
being or will be towed by a vessel;
12. “Passenger” means any person riding in or upon any vessel
or being towed for recreation on water skis, an inner tube,
kneeboard, parasail or any similar device;
13. "Personal flotation device" means only a United States
Coast Guard approved flotation device;
14. "Personal watercraft" means a vessel which uses an inboard
motor powering a water jet pump as its primary source of motive
power and which is designed to be operated by a person sitting,
standing or kneeling on the vessel, rather than the conventional
manner of sitting or standing inside the vessel, or a vessel which
is similar in appearance and operation to a personal watercraft but
which is powered by an outboard or propeller driven motor, or a
vessel less than sixteen (16) feet in length which travels across
Oklahoma Statutes - Title 63. Public Health and Safety Page 1658
the water above or on a cushion of air provided by engines,
propellers or other means of propulsion;
15. "Sanctioned event" means any organized event on the waters
of this state, including but not limited to regattas, motorboat or
other boat races, marine parades, tournaments and exhibitions, which
is approved and permitted by an authorizing agency;
16. "Under way" means the movement of a vessel whether by
mechanical or nonmechanical means which is other than incidental to
the force of wind, waves or current; and
17. "Wake" means the track of waves left by a vessel or other
object moving through the water, and such waves are greater than the
natural waves in the immediate area of the vessel, or are cresting
and showing white water, or may cause injury or damage to any person
or property.
Added by Laws 1989, c. 346, § 53, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 29, eff. Jan. 1, 1993; Laws 2002, c. 66, §
2; Laws 2008, c. 95, § 1, eff. Nov. 1, 2008.
§63-4202. Administration and enforcement of act - Promulgation of
rules - Forms.
The Department of Public Safety is hereby granted authority and
jurisdiction to administer and enforce all provisions of the
Oklahoma Boating Safety Regulation Act, Section 4201 et seq. of this
title, and the Oklahoma Vessel and Motor Registration Act, Section
4002 et seq. of this title. The Department is authorized to
promulgate and enforce all necessary rules pursuant to Article 1 of
the Administrative Procedures Act, Section 250 et seq. of Title 75
of the Oklahoma Statutes, and shall prescribe all forms it deems
necessary to implement the provisions of the Oklahoma Boating Safety
Regulation Act.
Laws 1989, c. 346, § 54, emerg. eff. June 3, 1989; Laws 1992, c.
284, § 30, eff. Jan. 1, 1993.
§63-4202.1. Operators of emergency vessels - Exercise of certain
privileges.
A. The operator of an emergency vessel, when responding to an
emergency call, when in the pursuit of an actual or suspected
violator of the law, or when responding to but not upon returning
from a response to an emergency situation, may exercise the
privilege set forth in this section, subject to the conditions set
forth in subsection B of this section.
B. The operator of an emergency vessel may:
1. Park, moor or beach the vessel irrespective of the
provisions of this title;
2. Proceed past a restrictive buoy, but only after slowing down
as may be necessary for safe operation;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1659
3. Exceed the maximum speed or wake limits so long as that
action does not endanger life or property; and
4. Disregard rules governing direction of movement or turning
in specified directions.
C. The exemptions granted in this section shall apply only when
an emergency vessel is making use of audible and visual signals
meeting the requirements of Section 4207 of this title.
D. The provisions of this section shall not relieve the
operator of an emergency vessel from the duty to drive with due
regard for the safety of all persons or protect the driver from the
consequences of reckless disregard for the safety of others.
Added by Laws 1997, c. 199, § 2, eff. Nov. 1, 1997.
§63-4203. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4204. Administration and enforcement of Act upon waters under
jurisdiction of Grand River Dam Authority - Authority as motor
license agent - Remission of fees.
A. The provisions of the Oklahoma Boating Safety Regulation Act
shall apply to the waters of this state under the jurisdiction of
the Grand River Dam Authority, provided, the Department of Public
Safety may have jurisdiction to administer and enforce the
provisions of the Oklahoma Boating Safety Regulation Act upon waters
of this state under the jurisdiction of the Grand River Dam
Authority. The administration and enforcement of the Oklahoma
Boating Safety Regulation Act upon the waters under the jurisdiction
of the Grand River Dam Authority are vested in the Grand River Dam
Authority. Said Authority, and its employees, shall, except as
otherwise provided in this section, have the same authority with
respect to the enforcement and administration of the Oklahoma
Boating Safety Regulation Act upon such waters as are vested by the
Oklahoma Boating Safety Regulation Act in Service Oklahoma with
respect to the other waters of this state.
B. The Authority may be designated by Service Oklahoma as a
licensed operator to award numbers and issue certificates of title
and registration for vessels and motors in accordance with the
provisions of the Oklahoma Vessel and Motor Registration Act and
with any rules and regulations of Service Oklahoma either from
blocks of numbers and certificates assigned to said Authority by
Service Oklahoma or such other method as shall be prescribed by
Service Oklahoma. The Authority shall remit all fees collected by
it pursuant to this section to Service Oklahoma to be apportioned
and deposited in accordance with the provisions of the Oklahoma
Vessel and Motor Registration Act.
Added by Laws 1989, c. 346, § 56, emerg. eff. June 3, 1989. Amended
by Laws 2022, c. 282, § 233, emerg. eff. May 19, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1660
§63-4205. Sanctioned water events - Administering entities - Safety
rules - Permits - Filing of notification of event - Holding event in
unsafe manner or unsafe environmental conditions.
A. The United States Army Corps of Engineers, the Oklahoma
Department of Tourism and Recreation, and the Grand River Dam
Authority may authorize the holding of sanctioned events on any
waters of this state under their jurisdiction. Said administering
entities shall promulgate rules pursuant to Article 1 of the
Oklahoma Administrative Procedures Act, concerning the safety of
other vessels and persons thereon, both observers and participants.
No sanctioned event shall be held without a written permit from said
administering entity, and said written permit shall be available for
inspection at all times during the event.
B. Whenever a sanctioned event is proposed to be held, the
administering entity shall, upon granting approval to hold such
event and at least ten (10) days prior thereto, file a notification
in writing of said event with the Marine Enforcement Section of the
Highway Patrol Division of the Department of Public Safety. Such
notification shall set forth the date, time, location where the
sanctioned event is proposed to be held, the type of event and the
person in charge of said event.
C. No person shall hold or give permission to hold any
sanctioned event in an unsafe manner or under unsafe environmental
conditions so as to endanger life or property. Should any duly
authorized peace officer of this state determine within their
jurisdiction that such event is being held or conducted in an unsafe
manner or under unsafe environmental conditions, such officer shall
have the authority to cancel or terminate said event.
Added by Laws 1989, c. 346, § 57, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 31, eff. Jan. 1, 1993; Laws 2000, c. 189, §
11, eff. July 1, 2000; Laws 2011, c. 104, § 5, eff. Nov. 1, 2011.
§63-4206. Use of personal flotation devices.
A. 1. The operator of a vessel less than twenty-six (26) feet
in length, while under way, shall require each passenger who is
twelve (12) years of age or younger to wear a personal flotation
device.
2. Any person operating or manipulating, or who is a passenger
on a personal watercraft, water skis, a sailboard or a similar
device shall wear a personal flotation device approved and designed
for the activity in which the person is engaged.
B. Each personal flotation device shall be in good and
serviceable condition, of the type prescribed by the United States
Coast Guard and of a size suitable to the person who is or will be
wearing it. A ski belt is not a United States Coast Guard approved
personal flotation device.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1661
Added by Laws 1989, c. 346, § 58, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 32, eff. Jan. 1, 1993; Laws 1997, c. 199, §
3, eff. Nov. 1, 1997.
§63-4207. Short title — Andy's Law — Lights and other equipment.
A. This section shall be known and may be cited as "Andy's
Law".
B. Every vessel in all weathers between the hours from sunset
to sunrise and during periods of restricted visibility shall carry
and exhibit the lights prescribed by the United States Coast Guard
when under way, including, but not limited to, the following:
1. Every power-driven vessel shall carry and exhibit:
a. a masthead light forward. A vessel less than twenty
(20) meters, or less than sixty-five (65) feet seven
and one-half (7 1/2) inches in length need not exhibit
this light forward of amidships but shall exhibit it
as far forward as practicable, and
b. side lights, and
c. a stern light;
2. Any power-driven vessel of less than twelve (12) meters, or
less than thirty-nine (39) feet four and one-half (4 1/2) inches in
length may carry and exhibit, in lieu of the lights prescribed in
paragraph 1 of this subsection, an all-around white light and side
lights;
3. Every sailing vessel shall carry and exhibit:
a. side lights, and
b. a stern light;
4. Any sailing vessel of less than twenty (20) meters, or less
than sixty-five (65) feet seven and one-half (7 1/2) inches, in
length may combine the lights prescribed in paragraph 3 of this
subsection within one lantern carried at or near the top of the mast
where it can be seen as nearly all-around as possible;
5. Any sailing vessel may carry and exhibit, in addition to the
lights prescribed in paragraph 3 of this subsection but not in
conjunction with any combination lantern as provided in paragraph 4
of this subsection, two all-around lights in a vertical line, the
upper being red and the lower being green, at or near the top of the
mast where they can be seen as nearly all-around as possible;
6. Every sailing vessel of less than seven (7) meters, or less
than twenty-three (23) feet eleven and one-half (11 1/2) inches in
length shall carry and exhibit if practicable, the lights prescribed
in paragraph 3 or 4 of this subsection. If such exhibition is not
practicable, there shall be carried ready at hand on the vessel a
lantern or flashlight showing a white light which shall be exhibited
in sufficient time to avert collision;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1662
7. Every sailing vessel propelled by a combination of sail and
motor shall carry and exhibit the lights of a power-driven vessel
prescribed in paragraph 1 or 2 of this subsection;
8. Every manually powered vessel may carry and exhibit the
lights prescribed in this subsection for sailing vessels. If such
lights are not carried and exhibited, there shall be carried ready
at hand on the vessel a lantern or flashlight showing a white light
which shall be exhibited in sufficient time to avert collision; and
9. Every vessel at anchor shall carry and exhibit an all-around
white light in such a position where it may best be seen. The deck
of an anchored vessel may be illuminated by available auxiliary
lights, provided the auxiliary lights do not interfere with the
visibility of required lights or impair the safe navigation of other
vessels.
For purposes of this section, "restricted visibility" shall mean any
condition which restricts visibility including but not limited to
fog, mist, falling snow, heavy rain or sandstorm.
C. Every vessel shall be provided with an efficient whistle or
other sound-producing mechanical appliance; provided, however, no
vessel, except for emergency and law enforcement vessels, shall be
equipped with a siren.
D. Every vessel of eight (8) meters or greater, or twenty-six
(26) feet three (3) inches or greater, in length shall be equipped
with an efficient bell.
E. Every vessel shall be required to carry:
1. At least one wearable personal flotation device for each
person on board so placed as to be readily accessible and of a size
suitable to the person who is or will be wearing it; and
2. At least one type IV (throwable) personal flotation device
on board, so placed as to be readily accessible. This paragraph
shall not apply to any vessel under sixteen (16) feet in length.
All lifesaving devices shall be in good and serviceable condition.
F. Every vessel using flammable liquid as fuel shall be
equipped with such number, size, and type of United States Coast
Guard approved fire extinguisher as prescribed in the rules of the
Department of Public Safety. Such extinguisher shall be capable of
promptly and effectively extinguishing burning fuel. Fire
extinguishers shall be at all times kept in condition for immediate
and effective use and shall be so placed and secured to the vessel
as to be readily accessible.
G. The provisions of subsections B, C, and E of this section
shall not apply to vessels while competing in any race conducted
pursuant to Section 4205 of this title, or, if such vessels are
designed and intended solely for racing, while engaged in such
navigation as is incidental to the tuning up of vessels and motors
for the race.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1663
H. Every vessel shall have the carburetor or carburetors of
every motor therein, except outboard motors, using any liquid as
fuel, equipped with a United States Coast Guard or U.L. or S.A.E.
approved backfire flame arrestor or other appropriate attachment, as
prescribed by the rules of the Department of Public Safety.
I. Every vessel, except open vessels, using any liquid as fuel
shall be provided with such means as may be prescribed by the United
States Coast Guard for properly and efficiently ventilating the
bilges of the motor and fuel tank compartments so as to remove any
explosive or inflammable gases.
J. No person shall operate or give permission for the operation
of a vessel which is not equipped as required by this section or
modification thereof and as prescribed in the rules of the
Department of Public Safety.
K. Any motorized vessel, as defined in Section 4002 of this
title, other than a personal watercraft, as defined by Section 4201
of this title, that is sold or operated in this state shall be
required to have a carbon monoxide warning sticker affixed in plain
view to the interior of the vessel. The Department of Public Safety
shall develop and approve a carbon monoxide warning sticker and
literature on the dangers of carbon monoxide and boating. The
Department may approve a carbon monoxide warning sticker that has
been approved by the United States Coast Guard for similar uses in
other states. A carbon monoxide warning sticker already developed
by a vessel manufacturer that is affixed to a vessel satisfies the
requirements of this subsection. After development and approval of
the sticker, the Department shall transfer the sticker design to
Service Oklahoma for printing and distribution. Service Oklahoma
and its licensed operators shall provide the stickers along with
literature on the dangers of carbon monoxide and boating to vessel
owners in annual registration materials at no cost and shall include
the stickers when an application for a certificate of title is made
and the ownership of the vessel is transferred. Once a vessel is
stickered, Service Oklahoma shall no longer be required to include
the stickers with vessel registration materials or to a new owner if
the vessel is resold. The Department of Public Safety and Service
Oklahoma are authorized to promulgate any rules necessary to
effectuate the provisions of this subsection.
Added by Laws 1989, c. 346, § 59, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 33, eff. Jan. 1, 1993; Laws 1997, c. 199, §
4, eff. Nov. 1, 1997; Laws 2003, c. 393, § 5, emerg. eff. June 4,
2003; Laws 2023, c. 245, § 1, eff. Nov. 1, 2023.
§63-4208. Noise control equipment and noise levels.
A. No person shall operate upon the waters of this state any
vessel or motor which is not equipped with a muffler or muffler
system in good working order. The use of cutouts, removal of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1664
mufflers or muffler baffles, cutting or punching of holes in
mufflers or otherwise modifying the original muffler or muffling
system installed by the manufacturer or any subsequent muffler or
muffling system so as to increase or modify the noise level is
prohibited. This section shall not apply to vessels in the act of
participating in a sanctioned event.
B. No person shall authorize, cause or permit unnecessary
sounding of any whistle, horn, bell, siren or other sound-producing
device on a vessel while such vessel is within any harbor limits or
in areas of congested vessel traffic.
Laws 1989, c. 346, § 60, emerg. eff. June 3, 1989; Laws 1992, c.
284, § 34, eff. Jan. 1, 1993.
§63-4209. Unlawful possession of vessel or motor - Penalties.
A person not entitled to possession of a vessel or motor who,
without the consent of the owner and with intent to deprive him of
the vessel or motor or its possession, takes, uses, or operates the
vessel or motor, upon conviction, shall be guilty of a Class D1
felony offense and shall be punished by a fine of not more than One
Thousand Dollars ($1,000.00), or by imprisonment as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment.
Laws 1989, c. 346, § 61, emerg. eff. June 3, 1989; Laws 1992, c.
284, § 35, eff. Jan. 1, 1993; Laws 2025, c. 486, § 549, eff. Jan. 1,
2026.
§63-4209.1. Knowingly receiving, possessing, selling or disposing
of stolen or converted vessel or motor - Penalties.
A person not entitled to the possession of a vessel or motor who
receives, possesses, sells or disposes of such vessel or motor,
knowing said vessel or motor to be stolen or converted under
circumstances constituting a crime, upon conviction, shall be guilty
of a Class D1 felony offense and shall be punished by a fine of not
more than One Thousand Dollars ($1,000.00), or by imprisonment as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes, or by both such fine and imprisonment.
Added by Laws 1992, c. 284, § 36, eff. Jan. 1, 1993. Amended by
Laws 2025, c. 486, § 550, eff. Jan. 1, 2026.
§63-4209.2. See the following versions:
OS 63-4209.2v1 (SB 1108, Laws 2025, c. 171, § 64)
OS 63-4209.2v2 (HB 2104, Laws 2025, c. 486, § 551)
§63-4209.2v1. Removing or falsifying identification number of
vessel or motor - Penalties.
A. As used in this section:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1665
1. “Identification number” includes any identifying number,
serial number, motor serial number or other distinguishing number or
mark, placed on a vessel or motor by its manufacturer or by
authority of Service Oklahoma or in accordance with the laws of
another state or country;
2. “Remove” includes deface, cover and destroy; and
3. “Falsify” includes alter and forge.
B. Any person or persons who shall remove or falsify or cause
to be removed or falsified the hull identification number of a
vessel or motor in this state, without first giving notice of such
act to Service Oklahoma, upon such form as Service Oklahoma may
prescribe, or any person who shall give a wrong description in any
application for the registration of any vessel or motor in this
state for the purpose of concealing or hiding the identity of such
vessel or motor, upon conviction, shall be guilty of a felony and
shall be punished by imprisonment in the State Penitentiary for a
term of not less than one (1) year and not more than five (5) years.
C. A person who buys, receives, possesses, sells or disposes of
a vessel or motor, knowing that the identification number of the
vessel or motor has been removed or falsified, upon conviction,
shall be guilty of a misdemeanor.
D. A person who buys, receives, possesses, sells or disposes of
a vessel or motor, knowing that the identification number of the
vessel or motor has been removed or falsified and with intent to
conceal or misrepresent the identity of the vessel or motor, upon
conviction, shall be guilty of a felony and shall be punished by a
fine of not more than One Thousand Dollars ($1,000.00), or by
imprisonment for not more than five (5) years, or by both such fine
and imprisonment.
E. An identification number may be placed on a vessel or motor
by its manufacturer in the regular course of business or placed or
restored on a vehicle or engine by authority of Service Oklahoma
without violating this section. An identification number so placed
or restored is not falsified.
Added by Laws 1992, c. 284, § 37, eff. Jan. 1, 1993. Amended by
Laws 2025, c. 171, § 64, eff. July 1, 2026.
§63-4209.2v2. Removing or falsifying identification number of
vessel or motor - Penalties.
A. As used in this section:
1. "Identification number" includes any identifying number,
serial number, motor serial number or other distinguishing number or
mark, placed on a vessel or motor by its manufacturer or by
authority of the Oklahoma Tax Commission or in accordance with the
laws of another state or country;
2. "Remove" includes deface, cover and destroy; and
3. "Falsify" includes alter and forge.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1666
B. Any person or persons who shall remove or falsify or cause
to be removed or falsified the hull identification number of a
vessel or motor in this state, without first giving notice of such
act to the Oklahoma Tax Commission, upon such form as the Commission
may prescribe, or any person who shall give a wrong description in
any application for the registration of any vessel or motor in this
state for the purpose of concealing or hiding the identity of such
vessel or motor, upon conviction, shall be guilty of a Class D1
felony offense and shall be punished by imprisonment as provided for
in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes.
C. A person who buys, receives, possesses, sells or disposes of
a vessel or motor, knowing that the identification number of the
vessel or motor has been removed or falsified, upon conviction,
shall be guilty of a misdemeanor.
D. A person who buys, receives, possesses, sells or disposes of
a vessel or motor, knowing that the identification number of the
vessel or motor has been removed or falsified and with intent to
conceal or misrepresent the identity of the vessel or motor, upon
conviction, shall be guilty of a Class D1 felony offense and shall
be punished by a fine of not more than One Thousand Dollars
($1,000.00), or by imprisonment as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or by
both such fine and imprisonment.
E. An identification number may be placed on a vessel or motor
by its manufacturer in the regular course of business or placed or
restored on a vehicle or engine by authority of the Commission
without violating this section. An identification number so placed
or restored is not falsified.
Added by Laws 1992, c. 284, § 37, eff. Jan. 1, 1993. Amended by
Laws 2025, c. 486, § 551, eff. Jan. 1, 2026.
§63-4209.3. Making false statement in application for certificate
of title or assignment thereof for stolen vessel or motor -
Penalties.
Any person who shall knowingly make any false statement of a
material fact, either in his application for a certificate of title,
as provided for in this title, or in any assignment thereof, or who,
with intent to procure or pass title to a vessel or motor which he
knows or has reason to believe has been stolen, or who shall receive
or transfer possession of the same from or to another, or who shall
have in his possession any vessel or motor which he knows or has
reason to believe has been stolen, and who is not a duly authorized
peace officer of this state engaged at the time in the performance
of his duty as such officer, upon conviction, shall be guilty of a
Class D1 felony offense and shall be punished by a fine of not less
than One Hundred Dollars ($100.00) and not more than Five Thousand
Oklahoma Statutes - Title 63. Public Health and Safety Page 1667
Dollars ($5,000.00), or imprisonment as provided for in subsections
B through F of Section 20N of Title 21 of the Oklahoma Statutes, or
by both such fine and imprisonment, at the discretion of the court.
This provision shall not be exclusive of any other penalties
prescribed by an existing or future law for the larceny or
unauthorized taking of a vessel or motor.
Added by Laws 1992, c. 284, § 38, eff. Jan. 1, 1993. Amended by
Laws 2025, c. 486, § 552, eff. Jan. 1, 2026.
§63-4209.4. See the following versions:
OS 63-4209.4v1 (SB 1108, Laws 2025, c. 171, § 65)
OS 63-4209.4v2 (HB 2104, Laws 2025, c. 486, § 553)
§63-4209.4v1. Altering or forging certificate of title or
assignment thereof - Penalties.
Any person who shall alter or forge, or cause to be altered or
forged, any certificate of title issued by the Oklahoma Tax
Commission or Service Oklahoma, pursuant to the provisions of this
title, or any assignment thereof, or who shall hold or use any such
certificate or assignment, knowing the same to have been altered or
forged, upon conviction, shall be guilty of a felony and shall be
punished by a fine of not less than Fifty Dollars ($50.00), and not
more than Five Thousand Dollars ($5,000.00), or by imprisonment in
the State Penitentiary for a period of not less than one (1) year,
nor more than ten (10) years, or by both such fine and imprisonment,
at the discretion of the court.
Added by Laws 1992, c. 284, § 39, eff. Jan. 1, 1993. Amended by
Laws 2025, c. 171, § 65, eff. July 1, 2026.
§63-4209.4v2. Altering or forging certificate of title or
assignment thereof - Penalties.
Any person who shall alter or forge, or cause to be altered or
forged, any certificate of title issued by the Oklahoma Tax
Commission, pursuant to the provisions of this title, or any
assignment thereof, or who shall hold or use any such certificate or
assignment, knowing the same to have been altered or forged, upon
conviction, shall be guilty of a Class D1 felony offense and shall
be punished by a fine of not less than Fifty Dollars ($50.00), and
not more than Five Thousand Dollars ($5,000.00), or by imprisonment
as provided for in subsections B through F of Section 20N of Title
21 of the Oklahoma Statutes, or by both such fine and imprisonment,
at the discretion of the court.
Added by Laws 1992, c. 284, § 39, eff. Jan. 1, 1993. Amended by
Laws 2025, c. 486, § 553, eff. Jan. 1, 2026.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1668
§63-4209.5. Injuring, tampering with or damaging vessel or motor or
accessories, appurtenances or attachments thereto - Climbing into or
upon vessel with intent to commit crime.
A. A person who, with intent and without right to do so,
injures or tampers with any vessel or motor or in any other manner
damages any part or portion of said vessel or motor or any
accessories, appurtenance or attachments thereto, upon conviction,
shall be guilty of a misdemeanor.
B. A person who, without right to do so and with intent to
commit a crime, climbs into or upon a vessel whether it is in motion
or at rest, attempts to manipulate any of the levers, starting
mechanism or other mechanism or device of a vessel while the same is
at rest and unattended, or sets in motion any vessel while the same
is at rest and unattended, upon conviction, shall be guilty of a
misdemeanor.
Added by Laws 1992, c. 284, § 40, eff. Jan. 1, 1993.
§63-4209.6. Falsely reporting theft or conversion of vessel or
motor.
A person who knowingly makes a false report of the theft or
conversion of a vessel or motor to any duly authorized peace officer
of this state, upon conviction, shall be guilty of a misdemeanor.
Added by Laws 1992, c. 284, § 41, eff. Jan. 1, 1993.
§63-4209.7. Additional unlawful acts - Penalties.
A. Except as otherwise authorized by law, it shall be unlawful
for any person to commit any of the following acts:
1. To lend or to sell to, or knowingly permit the use of by,
one not entitled thereto any certificate of title or certificate of
registration issued to or in the custody of the person so lending or
permitting the use thereof;
2. To alter or in any manner change a certificate of title or
certificate of registration issued under the laws of this state or
any other state;
3. To purchase identification or number plates on a certificate
of title assigned to another vessel or motor; or
4. To sell or dispose of, in any manner, a used vessel or motor
without delivering to the purchaser an Oklahoma certificate of title
in such purchaser's name or one properly and completely assigned to
him at the time of sale.
B. Anyone violating any of the provisions of this section, upon
conviction, shall be guilty of a misdemeanor and shall be fined not
less than Ten Dollars ($10.00) and not more than One Hundred Dollars
($100.00).
Added by Laws 1992, c. 284, § 42, eff. Jan. 1, 1993.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1669
§63-4209.8. Inspections for purpose of locating stolen vessels and
related equipment.
Any peace officer of the State of Oklahoma may inspect any
vessel, motor, trailer, or related equipment in any public garage or
repair shop or in any place where such vessel, motor, trailer or
related equipment is being held for sale or wrecking, for the
purpose of locating stolen vessels, motors, trailers, or related
equipment and investigating the title and registration of those
items.
Added by Laws 1997, c. 146, § 11, eff. Nov. 1, 1997.
§63-4210. Operation of certain devices or vessels – Prohibited acts
– Yielding to emergency vessels - Penalties.
A. No person shall operate, manipulate or give permission to
any person to operate or manipulate any parasails, water skis,
surfboard, personal watercraft, or similar device, or any vessel in
a reckless or negligent manner so as to endanger the life or
property of any person.
B. No person shall lease or otherwise give permission to
another person to operate any vessel on any waters of this state,
except privately owned waters, while the operator is under the
influence of alcohol or any substance included in the Uniform
Controlled Dangerous Substances Act or any combination of alcohol
and such substance.
C. Upon the immediate approach of an authorized emergency
vessel making use of an audible or a visual signal or a combination
thereof, the operator of every other vessel shall immediately stop
his or her vessel whenever or wherever practical or otherwise yield
the right-of-way until such authorized emergency vessel has passed,
except when otherwise directed by a duly authorized peace officer of
this state.
D. No person shall overload or give permission to overload a
vessel with passengers or gear so as to exceed the posted capacity
plate, United States Coast Guard standards, or the vessel
manufacturer’s recommended capacity.
E. No person shall operate or give permission to operate any
vessel on the waters of this state for which the manufacturer has
affixed a maximum horsepower capacity plate so as to exceed the
posted capacity plate or to exceed the United States Coast Guard
standards for maximum horsepower capacity; provided, this provision
shall not apply to vessels operating in sanctioned events.
F. No person shall operate, drive or be in actual physical
control of any vessel on any waters of this state, except privately
owned waters, at speeds in excess of the speed limits established
for those waters.
G. No person shall operate on the waters of this state, except
privately owned waters, any vessel, including personal watercraft,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1670
within fifty (50) feet in proximity to another vessel when running
at speeds of over ten (10) miles per hour; provided, this
prohibition shall not apply to vessels operating in sanctioned
events.
H. Any violation of the provisions of this section shall
constitute a misdemeanor and shall be punishable, upon conviction,
by a fine of not less than Fifty Dollars ($50.00) nor more than Two
Hundred Fifty Dollars ($250.00) and shall be subject to imprisonment
in the county jail for a period not to exceed six (6) months.
Added by Laws 1989, c. 346, § 62, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 43, eff. Jan. 1, 1993; Laws 1996, c. 337, §
2, eff. July 1, 1996; Laws 2000, c. 237, § 1, emerg. eff. May 24,
2000; Laws 2003, c. 393, § 6, emerg. eff. June 4, 2003; Laws 2008,
c. 95, § 2, eff. Nov. 1, 2008; Laws 2011, c. 201, § 1, eff. July 1,
2011.
§63-4210.1. Negligent homicide - Penalties.
A. When the death of any person ensues within one (1) year as a
proximate result of injury received by the operating of a vessel by
any person sixteen (16) years of age or older in reckless disregard
of the safety of others, the person so operating such vessel shall
be guilty of negligent homicide.
B. Any person convicted of negligent homicide shall be punished
by imprisonment in the county jail for not more than one (1) year,
or by a fine of not less than One Hundred Dollars ($100.00) and not
more than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
Added by Laws 1992, c. 284, § 44, eff. Jan. 1, 1993.
§63-4210.2. Eluding or attempting eluding peace officer - Assisting
peace officer - Arrests.
Any operator of a vessel who has received a visual and audible
signal, a red light and a siren, from any duly authorized peace
officer of this state, operating a vessel showing the same to be a
law enforcement vessel, directing the said operator to bring his
vessel to a stop and who willfully increases his speed or
extinguishes his lights in an attempt to elude such officer, or
willfully attempts in any other manner to elude the officer, or who
does elude such officer, upon conviction, shall be guilty of a
misdemeanor and shall be punished by a fine of not more than Two
Thousand Dollars ($2,000.00), or by imprisonment in the county jail
for not more than one (1) year, or by both such fine and
imprisonment.
Said peace officer, while attempting to stop a violator of this
section, may communicate a request for the assistance of other duly
authorized peace officers from any office, department or agency of
this state. Any such officer within this state, having knowledge of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1671
such request, is authorized to render such assistance in stopping
the violator and may effect an arrest under this section upon
probable cause.
Added by Laws 1992, c. 284, § 45, eff. Jan. 1, 1993.
§63-4210.3. Transporting weapon in or discharging weapon from
vessel - Exceptions - Penalties.
It shall be unlawful to discharge a firearm from a vessel,
except for the purposes of self-defense, hunting animals or fowl,
and in compliance with existing state and federal laws. Anyone
violating the provisions of this section, upon conviction, shall be
guilty of a misdemeanor and shall be punished by a fine of not more
than One Hundred Dollars ($100.00), or by imprisonment in the county
jail for not more than three (3) months, or by both such fine and
imprisonment.
Added by Laws 1992, c. 284, § 46, eff. Jan. 1, 1993. Amended by
Laws 1998, c. 286, § 9, eff. July 1, 1998; Laws 2012, c. 259, § 47,
eff. Nov. 1, 2012; Laws 2023, c. 30, § 1, eff. Nov. 1, 2023.
§63-4210.4. Care and prudent speed to be used in operation of
vessel - Operation in wake zone - Parking, mooring or beaching in a
swimming area - Violation.
A. Any person who operates or gives permission to operate a
vessel on any waters of this state shall operate the same at a
careful and prudent speed not greater than nor less than is
reasonable or proper, having due regard to other vessels, water
skiers, swimmers, sanctioned events, restrictive and informational
markers or buoys, existing wind conditions, waves, wakes or other
weather conditions then existing.
B. No person shall operate or give permission to operate a
vessel in a wake zone at a speed which is other than reasonable and
prudent and which shows due regard for the existence of actual or
potential hazards and obstacles, or in such a manner as to endanger
the life, limb or property of any other person, or in such a manner
as to create a wake. For the purpose of this title, "no wake zone"
means any area posted with buoys or within one hundred fifty (150)
feet of any boat ramp, dock, pier, or anchored or moored vessel.
C. No person shall park, moor, or beach a vessel at the
perimeter of or within a swimming area marked with buoys and cable.
D. Any violation of the provisions of this section shall
constitute a careless act in the operation of the vessel.
Added by Laws 1992, c. 284, § 47, eff. Jan. 1, 1993. Amended by
Laws 1997, c. 199, § 5, eff. Nov. 1, 1997.
§63-4210.5. Removing, tampering, or interfering with or attaching
vessel to waterway marker, navigational aid or buoy.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1672
No person shall remove, tamper or otherwise interfere with or
attach or moor a vessel to the anchor cable or any other part of any
waterway marker, navigational aid or buoy.
Added by Laws 1992, c. 284, § 48, eff. Jan. 1, 1993.
§63-4210.6. Sitting and standing in vessel while under way.
No person shall sit or ride on the sides of any vessel or the
back of any seat of a vessel while under way at any speed greater
than idle or trolling speed; provided, however, the operator of such
vessel may stand if said vessel is specifically designed to be
operated from a standing position. No person shall sit or ride on
the covered bow of any vessel while under way at any speed greater
than idle or trolling speed unless such vessel is designed as such
to allow access to the covered bow by way of side walkways or
factory-equipped walk-through areas which are surrounded by life
rails, deck rails, bow rails, or other such enclosure extending at
least twenty-four (24) inches above the deck; provided, that no
person riding in or operating a vessel shall extend any appendage
over the edge of the vessel either above or below the rail if such
vessel is at any speed greater than idle or trolling speed. No
person shall stand on the covered bow of any vessel while under way
at a speed greater than idle or trolling speed.
Added by Laws 1992, c. 284, § 49, eff. Jan. 1, 1993. Amended by
Laws 2000, c. 317, § 1, emerg. eff. June 5, 2000.
§63-4210.7. Occupying front or back deck of vessel while under way.
No operator shall allow any person to occupy the front or back
deck of any vessel while under way at any speed greater than idle or
trolling speed unless such vessel is equipped with factory-installed
seating or is designed as such to allow access to the front or back
deck by way of side walkways or factory-equipped, walk-through areas
to a flat deck surrounded by life rails, deck rails, stern rails,
bow rails, or other such enclosures extending at least twenty-four
(24) inches above the deck.
Added by Laws 1992, c. 284, § 50, eff. Jan. 1, 1993. Amended by
Laws 1997, c. 199, § 6, eff. Nov. 1, 1997; Laws 2000, c. 317, § 2,
emerg. eff. June 5, 2000.
§63-4210.8. Operation or control of vessel under influence of
alcohol or other intoxicating substance.
A. It shall be unlawful for any person to operate or be in
actual physical control of a vessel upon the waters of this state,
except privately owned waters, who:
1. Has a blood or breath alcohol concentration of eight-
hundredths (0.08) or more at the time of a test of the person's
blood or breath;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1673
2. Is under the influence of any other intoxicating substance
to a degree which renders such person incapable of safely operating
a vessel upon the waters of this state; or
3. Is under the influence of alcohol and any other intoxicating
substance to a degree which renders such person incapable of safely
operating a vessel upon the waters of this state.
As used in this section, "other intoxicating substance" means
any controlled dangerous substance as defined in the Uniform
Controlled Dangerous Substances Act or any other substance, other
than alcohol, which is capable of being ingested, inhaled, injected
or absorbed into the human body and is capable of adversely
affecting the central nervous system, vision, hearing or other
sensory or motor functions.
B. 1. Any person operating a vessel upon the waters of this
state, except privately owned waters, shall be deemed to have given
consent to a test or tests of such person's blood, breath, saliva or
urine for the purpose of determining the presence and concentration
of alcohol or any other intoxicating substance. Such tests shall be
performed within two (2) hours of an arrest and in the same manner
as provided for in Section 752 of Title 47 of the Oklahoma Statutes.
2. Evidence that the person has refused to submit to a test or
tests as required by this section shall be admissible upon the trial
of any criminal action or proceeding arising out of acts alleged to
have been committed in violation of the provisions of this section.
3. Any person refusing to submit to such test or tests shall be
in violation of this section and subject to the fines provided for
herein.
C. 1. Any person convicted of a violation of this section
shall be guilty of a misdemeanor and fined in an amount not to
exceed One Thousand Dollars ($1,000.00). Any second or subsequent
conviction shall be punishable by a fine in an amount of not less
than One Thousand Dollars ($1,000.00), nor more than Two Thousand
Five Hundred Dollars ($2,500.00).
2. A person arrested by a law enforcement officer for a
violation of this section may be allowed to post a cash bail in an
amount set by the arresting law enforcement officer not to exceed
the maximum fine provided by this section, or deposit a valid
license to operate a motor vehicle in exchange for an official
receipt issued by the arresting officer as provided for in Section
1111 et seq. of Title 22 of the Oklahoma Statutes.
Added by Laws 1996, c. 337, § 3, eff. July 1, 1996. Amended by Laws
1997, c. 199, § 8, eff. Nov. 1, 1997. Renumbered from Title 63, §
4210A by Laws 2003, c. 393, § 9, emerg. eff. June 4, 2003. Amended
by Laws 2011, c. 201, § 2, eff. July 1, 2011.
§63-4210.9. Implied consent to administer drug or alcohol test.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1674
A. 1. Any person who operates a vessel upon the waters of this
state shall be deemed to have given consent to a test or tests of
the blood or breath of the person, for the purpose of determining
the alcohol concentration as defined in Section 7 of this act, and
the blood, saliva or urine of the person, for the purpose of
determining the presence or concentration of any other intoxicating
substance as defined in this section, if arrested for any offense
arising out of acts alleged to have been committed while the person
was operating or in actual physical control of a vessel upon the
waters of this state while under the influence of alcohol or other
intoxicating substance, or the combined influence of alcohol and any
other intoxicating substance, or if the person is involved in a
boating collision that resulted in the immediate death or serious
injury of any person and is removed from the scene of the collision
to a hospital or other health care facility outside this state
before a law enforcement officer can effect an arrest.
2. A law enforcement officer, having reasonable grounds to
believe that such person was operating or in actual physical control
of a vessel while under the influence may direct the administration
of or administer the test or tests.
3. As used in this section, "other intoxicating substance"
means any controlled dangerous substance as defined in the Uniform
Controlled Dangerous Substances Act and any other substance, other
than alcohol, which is capable of being ingested, inhaled, injected
or absorbed into the human body and is capable of adversely
affecting the central nervous system, vision, hearing or other
sensory or motor functions.
B. 1. The law enforcement agency by which the arresting
officer is employed may designate, in accordance with the rules of
the Board of Tests for Alcohol and Drug Influence, whether blood or
breath is to be tested for the alcohol concentration thereof, and
whether blood, saliva or urine is to be tested for the presence or
concentration of any other intoxicating substance therein.
2. In the event the law enforcement agency does not designate
the test to be administered, breath shall be the substance tested
for alcohol concentration. Blood may also be tested to determine
the alcohol concentration thereof in the event that breath cannot be
tested to determine the alcohol concentration thereof because of the
lack of an approved device or qualified person to administer a
breath test or because such breath test for any other reason cannot
be administered in accordance with the rules of the Board.
3. In the event the law enforcement agency does not designate
the test to be administered, blood, saliva or urine shall be the
substance tested for the presence or concentration of any other
intoxicating substance or the combination of alcohol and any other
intoxicating substance.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1675
C. In the event the person is incapable of submitting to and
successfully completing, by reason of illness or injury or other
physical disability, the test to be administered, an alternate test
may be administered in accordance with the rules of the Board.
D. 1. Any person who is unconscious or otherwise incapable of
refusing to submit to a test of the blood or breath of the person to
determine the alcohol concentration thereof, or to a test of the
blood, saliva or urine of the person to determine the presence or
concentration of any other intoxicating substance therein, shall be
deemed not to have withdrawn the consent provided by subsection A of
this section, and such test may be administered as provided herein.
2. An unconscious person who has been issued a citation by a
law enforcement officer for one of the offenses listed in subsection
A of this section is arrested for purposes of this section. The
arresting officer must leave a copy of the citation with the
arrested person which may be accomplished by handing it to the
arrested person, or by leaving it with the personal effects of the
arrested party, so as to inform the unconscious person of the
arrest.
3. Any person who has been arrested for one of the offenses
listed in subsection A of this section who is unconscious or injured
and who requires immediate medical treatment as determined by a
treating physician may be released by the arresting officer on the
recognizance of the person for medical reasons. The arresting
officer who releases an arrested person on the recognizance of the
person must indicate the release on the face of the citation. Any
person released on his or her own recognizance for medical reasons
shall remain at liberty pending the filing of charges.
E. In addition to any test designated by the arresting officer,
the arrested person may also designate any additional test to be
administered to determine the concentration of alcohol, or the
presence or concentration of any other intoxicating substance or the
combination of alcohol and any other intoxicating substance. The
cost of such additional test shall be at the expense of the arrested
person.
A sufficient quantity of any specimen obtained at the
designation of the arrested person shall be available to the law
enforcement agency employing the arresting officer. Such specimens
shall be treated in accordance with the rules applicable to the
specimens obtained by an arresting officer.
F. When a law enforcement officer has determined that the blood
alcohol content of an individual is to be tested for the presence or
concentration of alcohol, other intoxicating substance, or the
combination of alcohol and any other intoxicating substance, the law
enforcement officer shall inform the individual to be tested that
the withdrawal of blood shall only be performed by certain medical
personnel as provided for in Section 4 of this act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1676
Added by Laws 2011, c. 201, § 3, eff. July 1, 2011.
§63-4210.10. Qualified persons to withdraw blood.
A. Only a licensed medical doctor, licensed osteopathic
physician, licensed chiropractic physician, registered nurse,
licensed practical nurse, or physician's assistant, certified by the
State Board of Medical Licensure and Supervision, the State Board of
Osteopathic Examiners or Board of Chiropractic Examiners; an
employee of a hospital or other health care facility authorized by
the hospital or health care facility to withdraw blood; or other
qualified person authorized by the Board of Tests for Alcohol and
Drug Influence acting at the request of a law enforcement officer,
may withdraw blood for purpose of having a determination made of its
concentration of alcohol or the presence or concentration of other
intoxicating substance. Only qualified persons authorized by the
Board of Tests for Alcohol and Drug Influence may collect breath,
saliva or urine, or administer tests of breath under the provisions
of this section.
B. If the person authorized to withdraw blood as specified in
subsection A of this section is presented with a written statement:
1. Authorizing blood withdrawal signed by the person whose
blood is to be withdrawn;
2. Signed by a duly authorized peace officer that the person
whose blood is to be withdrawn has agreed to the withdrawal of
blood;
3. Signed by a duly authorized peace officer that the person
whose blood is to be withdrawn has been placed under arrest and that
the officer has probable cause to believe that the person, while
intoxicated, has operated a vessel in such manner as to have caused
the death or serious physical injury of another person, or the
person has been involved in a boating collision and has been removed
from the scene of the collision that resulted in the death or great
bodily injury of any person, as defined in subsection B of Section
646 of Title 21 of the Oklahoma Statutes, to a hospital or other
health care facility outside the State of Oklahoma before the law
enforcement officer was able to effect an arrest for such offense;
or
4. In the form of an order from a district court that blood be
withdrawn, the person authorized to withdraw the blood and the
hospital or other health care facility where the withdrawal occurs
may rely on such a statement or order as evidence that the person
has consented to or has been required to submit to the clinical
procedure and shall not require the person to sign any additional
consent or waiver form. In such a case, the person authorized to
perform the procedure, the employer of such person, and the hospital
or other health care facility shall not be liable in any action
alleging lack of consent or lack of informed consent.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1677
C. No person specified in subsection A of this section, no
employer of such a person, and no hospital or other health care
facility where blood is withdrawn shall incur any civil or criminal
liability as a result of the proper withdrawal of blood when acting
at the request of a law enforcement officer by the provisions of
Section 3 or 5 of this act, or when acting in reliance upon a signed
statement or court order as provided in this section, if the act is
performed in a reasonable manner according to generally accepted
clinical practice. No person specified in subsection A of this
section shall incur any civil or criminal liability as a result of
the proper collection of breath, saliva or urine when acting at the
request of a law enforcement officer under the provisions of Section
3 or 5 of this act or when acting pursuant to a court order.
D. The blood, breath, saliva or urine specimens obtained shall
be tested by the appropriate test as determined by the Board of
Tests for Alcohol and Drug Influence, or tested by a laboratory that
is exempt from the Board rules pursuant to Section 759 of Title 47
of the Oklahoma Statutes, to determine the alcohol concentration
thereof, or the presence and concentration of any other intoxicating
substance which might have affected the ability of the person tested
to operate a vessel safely.
E. When blood is withdrawn or saliva or urine is collected for
testing of its alcohol concentration or other intoxicating substance
presence or concentration, at the request of a law enforcement
officer, a sufficient quantity of the same specimen shall be
obtained to enable the tested person, at his or her own option and
expense, to have an independent analysis made of such specimen. The
excess blood, saliva or urine specimen shall be retained by a
laboratory approved by the Board of Tests for Alcohol and Drug
Influence, in accordance with the rules and regulations of the
Board, or by a laboratory that is exempt from the Board rules
pursuant to Section 759 of Title 47 of the Oklahoma Statutes, for
sixty (60) days from the date of collection. At any time within
that period, the tested person or his or her attorney may direct
that such blood, saliva or urine specimen be sent or delivered to a
laboratory of his or her own choosing and approved by the Board for
an independent analysis. Neither the tested person, nor any agent
of such person, shall have access to the additional blood, saliva or
urine specimen prior to the completion of the independent analysis,
except the analyst performing the independent analysis and agents of
the analyst.
F. When a test of breath is performed for the purpose of
determining the alcohol concentration thereof, except when such test
is performed by means of an automated analyzer as designated by the
Board of Tests for Alcohol and Drug Influence, a sufficient quantity
of breath, or of the alcohol content of a fixed or measured quantity
of breath, shall be obtained, in accordance with the rules and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1678
regulations of the Board to enable the tested person, at his or her
own option and expense, to have an independent analysis made of such
specimen. The excess specimen of breath, or of its alcohol content,
shall be retained by the law enforcement agency employing the
arresting officer, in accordance with the rules and regulations of
the Board, for sixty (60) days from the date of collection. At any
time within that period, the tested person, or his or her attorney,
may direct that such specimen be sent or delivered to a laboratory
of his or her own choosing and approved by the Board for an
independent analysis. Neither the tested person, nor any agent of
such person, shall have access to the additional specimen of breath,
or of its alcohol content, prior to the completion of the
independent analysis thereof, except the analyst performing the
independent analysis and agents of the analyst.
G. The costs of collecting blood, breath, saliva or urine
specimens for the purpose of determining the alcohol or other
intoxicating substance thereof, by or at the direction of a law
enforcement officer, shall be borne by the law enforcement agency
employing such officer. The cost of collecting, retaining and
sending or delivering to an independent laboratory the excess
specimens of blood, breath, saliva or urine for independent analysis
at the option of the tested person shall also be borne by such law
enforcement agency. The cost of the independent analysis of such
specimen of blood, breath, saliva or urine shall be borne by the
tested person at whose option such analysis is performed. The
tested person, or his or her agent, shall make all necessary
arrangements for the performance of such independent analysis other
than the forwarding or delivery of such specimen.
H. Tests of blood or breath for the purpose of determining the
alcohol concentration thereof, and tests of blood, saliva or urine
for the purpose of determining the presence or concentration of any
other intoxicating substance therein, under the provisions of this
section, whether administered by or at the direction of a law
enforcement officer or administered independently, at the option of
the tested person, on the excess specimen of such person's blood,
breath, saliva or urine, to be considered valid and admissible in
evidence under the provisions of this section, shall have been
administered or performed in accordance with the rules and
regulations of the Board of Tests for Alcohol and Drug Influence, or
performed by a laboratory that is exempt from the Board rules
pursuant to Section 759 of Title 47 of the Oklahoma Statutes.
I. Any person who has been arrested for any offense arising out
of acts alleged to have been committed while the person was
operating or in actual physical control of a vessel while under the
influence of alcohol, any other intoxicating substance or the
combined influence of alcohol and any other intoxicating substance,
who is not requested by a law enforcement officer to submit to a
Oklahoma Statutes - Title 63. Public Health and Safety Page 1679
test, shall be entitled to have an independent test of his or her
blood, breath, saliva or urine, which is appropriate as determined
by the Board of Tests for Alcohol and Drug Influence for the purpose
of determining its alcohol concentration or the presence or
concentration of any other intoxicating substance therein, performed
by a person of his or her own choosing who is qualified as
stipulated in this section. The arrested person shall bear the
responsibility for making all necessary arrangements for the
administration of such independent test and for the independent
analysis of any specimens obtained, and bear all costs thereof. The
failure or inability of the arrested person to obtain an independent
test shall not preclude the admission of other competent evidence
bearing upon the question of whether such person was under the
influence of alcohol, or any other intoxicating substance or the
combined influence of alcohol and any other intoxicating substance.
J. Any agency or laboratory certified by the Board of Tests for
Alcohol and Drug Influence or any agency or laboratory that is
exempt from the Board rules pursuant to Section 759 of Title 47 of
the Oklahoma Statutes, which analyzes breath, blood, or urine shall
make available a written report of the results of the test
administered by or at the direction of the law enforcement officer
to:
1. The tested person, or his or her attorney;
2. The Commissioner of Public Safety; and
3. The Fatality Analysis Reporting System (FARS) analyst of the
state, upon request.
The results of the tests provided for in this section shall be
admissible in civil actions.
Added by Laws 2011, c. 201, § 4, eff. July 1, 2011.
§63-4210.11. Refusal to submit to drug or alcohol testing -
Exceptions.
If a conscious person under arrest refuses to submit to testing
of his or her blood or breath for the purpose of determining the
alcohol concentration thereof, or to a test of his or her blood,
saliva or urine for the purpose of determining the presence or
concentration of any other intoxicating substance, or the combined
influence of alcohol and any other intoxicating substance, none
shall be given, unless the investigating officer has probable cause
to believe that the person under arrest, while intoxicated, has
operated a vessel in such a manner as to have caused the death or
serious physical injury of any other person or persons. In that
event, the test otherwise authorized by law may be made in the same
manner as if a search warrant had been issued for the test or tests.
The sample shall be taken in a medically acceptable manner at a
hospital or other suitable health care facility.
Added by Laws 2011, c. 201, § 5, eff. July 1, 2011.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1680
§63-4210.12. Laboratory report - Evidence.
A. At any proceeding held relevant to this act, a report of the
findings of the laboratory of the Oklahoma State Bureau of
Investigation, the medical examiner's report of investigation or
autopsy report, or a laboratory report from a forensic laboratory
operated by the State of Oklahoma or any political subdivision
thereof, which has been made available to the person or an
authorized representative at least five (5) days prior to the
hearing, with reference to all or part of the evidence submitted,
when certified as correct by the persons making the report shall be
received as evidence of the facts and findings stated, if relevant
and otherwise admissible in evidence. If the report is deemed
relevant by either party, the court shall admit the report without
the testimony of the person making the report, unless the court,
pursuant to this subsection, orders the person to appear.
B. When any alleged controlled dangerous substance has been
submitted to the laboratory of the Oklahoma State Bureau of
Investigation for analysis, and the analysis shows that the
submitted material is a controlled dangerous substance, the
distribution of which constitutes a felony under the laws of this
state, no portion of the substance shall be released to any other
person or laboratory absent an order of a district court. The
defendant shall additionally be required to submit to the court a
procedure for transfer and analysis of the subject material to
ensure the integrity of the sample and to prevent the material from
being used in any illegal manner.
C. The court, upon motion of either party, shall order the
attendance of any person preparing a report submitted as evidence in
the hearing when it appears there is a substantial likelihood that
material evidence not contained in the report may be produced by the
testimony of any person having prepared a report. The hearing shall
be held and, if sustained, an order issued not less than five (5)
days prior to the time when the testimony shall be required.
D. If within five (5) days prior to the hearing or during a
hearing, a motion is made pursuant to this section requiring a
person having prepared a report to testify, the court may hear a
report or other evidence but shall continue the hearing until such
time notice of the motion and hearing is given to the person making
the report, the motion is heard, and, if sustained, the testimony
ordered can be given.
Added by Laws 2011, c. 201, § 6, eff. July 1, 2011.
§63-4210.13. Criminal trials - Use of alcohol or drug tests as
evidence.
A. Upon the trial of any criminal action or proceeding arising
out of acts alleged to have been committed by any person while
Oklahoma Statutes - Title 63. Public Health and Safety Page 1681
operating or in actual physical control of a vessel while under the
influence of alcohol or any other intoxicating substance, or the
combined influence of alcohol and any other intoxicating substance,
evidence of the alcohol concentration in the blood or breath of the
person as shown by analysis of the blood or breath of the person
performed in accordance with the provisions of Section 4 of this act
and Section 759 of Title 47 of the Oklahoma statutes or evidence of
the presence or concentration of any other intoxicating substance as
shown by analysis of such person's blood, breath, saliva, or urine
specimens in accordance with the provisions of Section 4 of this act
and Section 759 of Title 47 of the Oklahoma Statutes shall be
admissible. Evidence that the person has refused to submit to
either of said analyses is also admissible. For the purpose of this
section, when the person is under the age of twenty-one (21) years,
evidence that there was, at the time of the test, any measurable
quantity of alcohol is prima facie evidence that the person was
under the influence of alcohol in violation of Section 3 of this
act. For persons twenty-one (21) years of age or older:
1. Evidence that there was, at the time of the test, an alcohol
concentration of seven-hundredths (0.07) or less is prima facie
evidence that the person was not under the influence of alcohol; and
2. Evidence that there was, at the time of the test, an alcohol
concentration of eight-hundredths (0.08) or more shall be admitted
as prima facie evidence that the person was under the influence of
alcohol.
B. For purposes of this section, "alcohol concentration" means
grams of alcohol per one hundred (100) milliliters of blood if the
blood was tested, or grams of alcohol per two hundred ten (210)
liters of breath if the breath was tested.
C. To be admissible in a proceeding, the evidence shall first
be qualified by establishing that the test was administered to the
person within two (2) hours after the arrest of the person.
Added by Laws 2011, c. 201, § 7, eff. July 1, 2011.
§63-4210.14. Use of other competent evidence.
The provisions of Sections 3 through 7 of this act do not limit
the introduction of any other competent evidence bearing on the
question of whether the person was under the influence of alcohol or
any other intoxicating substance, or the combined influence of
alcohol and any other intoxicating substance.
Added by Laws 2011, c. 201, § 8, eff. July 1, 2011.
§4210A. Renumbered as § 4210.8 of this title by Laws 2003, c. 393,
§ 9, emerg. eff. June 4, 2003.
§63-4211. Diving or submerging in body of water - Use of buoys -
Operating vessel in diving area.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1682
A. Any person diving or submerging in a body of water with the
aid of any mechanical diving or breathing device or suit shall place
a buoy with a flag in the water at or near the point of submergence
or fly a flag from a vessel indicating divers are present, in the
following manner:
1. Either the nationally recognized diver's flag or Alpha flag
may be flown;
2. When flown from a vessel, at least one flag shall be flown
not less than one (1) meter above the highest point of the vessel
and shall be visible from a three-hundred-sixty-degree circle;
3. The buoy, flag or flags shall be in place only while actual
diving operations are in progress;
4. No diving buoys may be closer than one hundred (100) yards
to any functional boat ramp; and
5. The flag or flags shall be in good condition and legible,
and the flag shall be in the extended position so as to be visible
to any other vessel.
B. It shall be unlawful for any person to operate a vessel
within one hundred fifty (150) feet of a diving buoy except while
engaged in the rescue of a person in such area.
Added by Laws 1989, c. 346, § 63, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 51, eff. Jan. 1, 1993; Laws 1999, c. 9, § 1,
eff. Nov. 1, 1999.
§63-4211.1. Inner tubes, air mattresses or floating chairs -
Distance from shore restricted.
Inner tubes, air mattresses, floating chairs or similar devices
shall not be more than fifty (50) feet from shore when being used by
a swimmer.
Added by Laws 1992, c. 284, § 52, eff. Jan. 1, 1993. Amended by
Laws 1997, c. 199, § 7, eff. Nov. 1, 1997.
§63-4212. Towing person or persons using parasails, water skis or
similar devices - Time restrictions - Professional exhibitions
excepted - Colliding with or striking object or person - Operation
of personal watercraft.
A. 1. No person shall operate or give permission to operate a
vessel on any waters of this state for towing a person or persons
using parasails or on water skis, a surfboard, or similar device
unless there is in such vessel:
a. a person who is at least eight (8) years old, and who,
in addition to the operator, is in a position to
observe the progress of the person or persons being
towed,
b. if the vessel is not a personal watercraft, an
efficient wide angle convex rear view mirror installed
on such vessel in such manner as to permit the person
Oklahoma Statutes - Title 63. Public Health and Safety Page 1683
operating said vessel to face the direction of travel
and be in a position to observe the progress of the
person or persons being towed, or
c. if the vessel is a personal watercraft, two efficient
wide angle convex rear view mirrors installed on such
vessel in such manner as to permit the person
operating such watercraft to face the direction of
travel and be in a position to observe the progress of
the person or person being towed.
2. Water skiing shall be allowed with any watercraft which is
designed to accommodate two or more persons.
B. No person shall operate or give permission to operate a
vessel on any waters of this state towing a person or persons using
parasails or on water skis, a surfboard, a sailboard or similar
device nor shall any person engage in parasailing, water skiing,
surfboarding, sailboarding or similar activity at any time between
the hours from sunset to sunrise or at such time visibility due to
other existing conditions is obscured so as to endanger life or
property.
C. The provisions of subsections A and B of this section do not
apply to a performer engaged in a professional exhibition or a
person or persons engaged in an activity authorized under Section
4205 of this title.
D. No person shall operate or give permission to operate or
manipulate any vessel, tow rope or other device by which the
direction or location of parasails, water skis, a surfboard, or
similar device may be affected or controlled in such a way as to
cause the parasails, water skis, surfboard, or similar device, or
any person thereon to collide with or strike against any object or
person.
E. 1. No person shall operate or give permission to operate a
personal watercraft or similar device capable of being remote
controlled by the skier unless such device is factory equipped with
an engine kill switch capable of shutting off the engine in the
event the skier becomes detached from the personal watercraft
device. A person operating a personal watercraft equipped by the
manufacturer with a lanyard type engine cutoff switch shall attach
such lanyard to his or her person, clothing, or personal flotation
device as appropriate for the specific vessel.
2. No person shall operate a personal watercraft at any time
between the hours from sunset to sunrise unless equipped with
prescribed lights.
Added by Laws 1989, c. 346, § 64, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 53, eff. Jan. 1, 1993; Laws 1993, c. 60, §
1, emerg. eff. April 12, 1993; Laws 1994, c. 231, § 1, eff. Sept. 1,
1994; Laws 2003, c. 393, § 7, emerg. eff. June 4, 2003.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1684
§63-4213. Placing or disposing of marine sewage in state waters
prohibited - Use of total retention marine toilets required.
A. No person shall place or dispose of marine sewage in any
waters of this state.
B. On and after July 1, 1995, no person shall operate a vessel
equipped with a marine toilet which is not a total retention system
in accordance with federal regulations regarding marine toilets.
Added by Laws 1989, c. 346, § 65, emerg. eff. June 3, 1989. Amended
by Laws 1990, c. 304, § 13, emerg. eff. May 30, 1990; Laws 1992, c.
284, § 54, eff. Jan. 1, 1993; Laws 1993, c. 321, § 4, emerg. eff.
June 7, 1993.
§63-4214. Collision, accident, or other casualty - Rendering of
assistance by vessel operator - Notice - Accident report - Notice to
appear - Written report – Drug and alcohol test.
A. The operator and/or passenger of a vessel involved in a
collision, accident, or other casualty, shall render to other
persons involved in the collision, accident, or other casualty
reasonable assistance as may be necessary and practicable and shall
immediately, by the quickest means of communication, give notice of
such accident to the local police department if such accident occurs
within a municipality, or to the office of the county sheriff or
nearest state highway patrol headquarters after complying with the
requirements of this section. The operator of a vessel involved in
a collision, accident, or other casualty shall give his name,
address, and identification of his vessel, in writing, to any person
injured in the collision, accident, or other casualty and to the
owner of any property damaged in the collision, accident, or other
casualty.
B. Any operator of a vessel involved in a collision, accident,
or other casualty who could be cited for a violation of the Oklahoma
Boating Safety Regulation Act where the collision, accident or other
casualty resulted in the immediate death or great bodily injury, as
defined in subsection B of Section 646 of Title 21 of the Oklahoma
Statutes, of any person shall submit to drug and alcohol testing as
soon as practicable after such collision, accident or other casualty
occurs. The boating violation shall constitute probable cause for
purposes of Section 752 of Title 47 of the Oklahoma Statutes and the
procedures found in Section 752 of Title 47 of the Oklahoma Statutes
shall be followed to determine the presence of alcohol or controlled
dangerous substances within the blood system of the operator of the
vessel.
C. If a collision, accident, or other casualty results in death
or injury to a person or damage to property in excess of Two
Thousand Dollars ($2,000.00), the operator of the vessel involved in
the collision, accident, or other casualty shall file with the
Department of Public Safety a full description of the collision,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1685
accident, or other casualty, and such information as the Department
may require. No person shall be prosecuted or subjected to any
penalty for providing such report to the Department and any
statement or information included in such report shall not be
received against the person upon any criminal investigation,
proceeding or trial.
D. Whenever a person is halted by any duly authorized peace
officer of this state for any violation of Chapters 70, 71 or 72 of
this title, which shall be punishable as a misdemeanor, and is not
taken before a magistrate as hereinbefore required or permitted, the
officer shall prepare in quadruplicate using the "Oklahoma Uniform
Violations Complaint", a written notice to appear in court, such
notices to appear to be serially numbered, containing the name and
address of the person, the state registration number of the vessel,
if any, the offense charged, the time and place when and where the
person shall appear in court, and such other pertinent information
as may be necessary.
E. The time specified in the notice to appear must be at least
five (5) calendar days after the alleged violation unless the person
charged with the violation shall demand an earlier hearing.
F. The person charged with the violation may give his written
promise to appear in court by signing the written notice to appear
prepared by the officer, in which event the officer shall deliver a
copy of the notice to appear to the person, and thereupon the
officer shall not take the person into physical custody for the
violation.
G. If the person charged with the violation is a minor, then
the citing officer shall ascertain from the minor the name and
address of the parents or legal guardian of the minor, and the
officer shall cause a copy of the "violation" to be mailed to the
address of the parents or legal guardian, within three (3) calendar
days after the date of violation.
H. Except for felony violations, any duly authorized peace
officer of this state at the scene of a boating accident may issue a
written notice to appear to the operator of a vessel involved in the
accident when, based upon personal investigation, the officer has
reasonable and probable grounds to believe that the person has
committed any offense in connection with the accident.
I. In accordance with any request duly made by an authorized
official or agency of the United States, any information compiled or
otherwise available to the Department of Public Safety pursuant to
this section shall be transmitted to the official or agency of the
United States.
J. Any employee or officer of an agency of this state, or
employee or officer of a municipality or county in this state, shall
make a written report to the Department of Public Safety if an
Oklahoma Statutes - Title 63. Public Health and Safety Page 1686
occurrence involving a vessel or its equipment results in one or
more of the following:
1. A person dies;
2. A person is injured and requires medical treatment beyond
first aid;
3. Damage to the vessel and other property totals more than Two
Thousand Dollars ($2,000.00) or there is a complete loss of the
vessel;
4. A person disappears from the vessel under circumstances that
indicate death or injury;
5. A person drowns in swimming to retrieve a vessel that is
adrift from its mooring or dock, having departed from a position of
inherent safety such as a shore or pier;
6. A person drowns while swimming from a vessel for pleasure
and the vessel does not contribute to the drowning;
7. A person drowns after falling from a vessel that is moored
or anchored for use as a swimming platform or other purpose;
8. A person dies or is injured while in the act of launching a
vessel into a body of water;
9. A person drowns or is injured while surfing;
10. A fatality or injury occurs to an operator or a crew member
while participating in an organized/sanctioned race, or warm-up, in
a vessel uniquely designed for racing; or
11. Damage, injury or death on a docked, moored or anchored
vessel resulting from unusual wake or wave conditions.
Added by Laws 1989, c. 346, § 66, emerg. eff. June 3, 1989. Amended
by Laws 1991, c. 182, § 65, eff. Sept. 1, 1991; Laws 1992, c. 284, §
55, eff. Jan. 1, 1993; Laws 2008, c. 95, § 3, eff. Nov. 1, 2008;
Laws 2009, c. 41, § 1, eff. Nov. 1, 2009.
§63-4215. Negligent operation - Liability.
A. The owner of a vessel shall be liable for any injury or
damage occasioned by the negligent operation of such vessel, whether
such negligence consists of a violation of the provisions of the
statutes of this state, or the violation of any municipal ordinance,
or neglecting to observe such ordinary care and such operation as
the rules of the common law require. The owner shall not be liable,
however, unless such vessel is being used with his or her express or
implied consent. Nothing contained herein shall be construed to
relieve any other person from any liability which he or she would
otherwise have.
B. The owner of a vessel shall not be liable for any injury or
damage occasioned by the negligent operation of the vessel as
provided in subsection A of this section if:
1. The owner is engaged in the trade or business of renting or
leasing vessels;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1687
2. The owner is in compliance with the Oklahoma Vessel and
Motor Registration Act, Section 4001 et seq. of this title;
3. The injury or damage occurred during a period of rental or
lease;
4. The owner did not knowingly permit or entrust the vessel to
be operated by a reckless or otherwise incompetent operator where
the owner knew or should have known that the injury or damage would
have occurred; and
5. The owner has:
a. briefed the renter of the vessel on the location of
fire extinguishers and life vests when applicable,
b. ensured there are enough life vests of the proper size
for every passenger on the boat,
c. presented guidelines to the renter for safely piloting
a vessel, and
d. executed a safety check on lighting, gasoline, oil,
and bilge water removal systems.
Added by Laws 1989, c. 346, § 67, emerg. eff. June 3, 1989. Amended
by Laws 2017, c. 244, § 1, emerg. eff. May 12, 2017.
§63-4216. Actions against nonresident owners or operators - Service
of notice - Venue.
In an action in any court of this state, arising out of injury
to person or property caused by any vessel or motor while operating
in the waters of this state, including the Oklahoma portion of
boundary rivers, or moored in such waters or against shore land in
this state, when the owner or operator is a nonresident of this
state or a corporation not incorporated under the laws of this
state, service of the original notice may be made upon such
nonresident owner or operator or upon such foreign corporation in
the manner provided in Sections 2004 and 2005 of Title 12 of the
Oklahoma Statutes. The venue of such an action shall be the county
in which the damage occurred and the presence of such vessel and the
doing of said damage within the territory comprising the State of
Oklahoma, together with the subsequent removal of said vessel from
the jurisdiction of the State of Oklahoma, shall constitute a waiver
by the owner or operator thereof of any objection to the venue of
such an action commenced in a proper court of this state.
Added by Laws 1989, c. 346, § 68, emerg. eff. June 3, 1989.
§63-4217. Abandonment of vessel - Removal.
A. It shall be unlawful to abandon a vessel on the waters of
this state or other public property. Any officer of the Department
of Public Safety or any other law enforcement agency shall deem a
vessel abandoned and shall have authority to remove or direct the
removal of a vessel when found upon any portion of the waters of
this state or other public property, if, after a period of forty-
Oklahoma Statutes - Title 63. Public Health and Safety Page 1688
eight (48) hours, there is no evidence of an apparent owner who
intends to remove the vessel. Any law enforcement officer prior to
removing such vessel shall attempt to notify the owner of such
vessel if the vessel has an identification number registered in this
state or if the name and address of the owner is attached to such
vessel.
B. If such officer has reasonable cause to believe a vessel has
been abandoned in a location which would be hazardous to the free
flow of traffic or would be highly susceptible to damage from
vandalism or other harm, he shall have authority to remove or direct
the removal of the vessel immediately. At the time of ordering the
removal of an abandoned vessel, the authorizing officer shall also
determine the sale value of the vessel and certify that amount on
the removal order.
C. Any officer of the Department of Public Safety is hereby
authorized to cause to be removed any vessel found upon the waters
of this state or any other public property when:
1. Report has been made that such vessel has been stolen or
taken without the consent of its owner;
2. The officer has reason to believe the vessel has been
abandoned as defined in this section;
3. The person operating or in control of such vessel is
arrested for an alleged offense for which the officer is required by
law to take the person arrested or summoned before a proper
magistrate without unnecessary delay;
4. At the scene of an accident, when the owner or operator is
not in a position to take charge of his vessel and direct or request
proper removal; or
5. When a vessel and/or motor registration is thirty (30) days
past the date of expiration.
Such officer may ensure the safe removal of said vessel by use of a
trailer.
Added by Laws 1989, c. 346, § 69, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 56, eff. Jan. 1, 1993; Laws 2002, c. 66, §
3.
§63-4217.1. Abandoned vessels – Notice of removal.
Any officer who has removed or directed the removal of any
vessel, or an authorized person in the employing agency of the
officer, shall within seventy-two (72) hours of the removal notify
the Department of Public Safety of the removal. The notice of
removal shall contain the name and address of the owner, if known,
the make, model, vessel identification number, registration number,
date stored, place stored, and the estimated value. Upon receipt of
such notice of removal, the Department of Public Safety shall
promptly request Service Oklahoma or other appropriate registering
jurisdiction to furnish the name and address of the owner of and any
Oklahoma Statutes - Title 63. Public Health and Safety Page 1689
lienholder on the vessel and must within five (5) days from receipt
of the requested information send a notice to the owner and any
lienholder by regular mail, postage prepaid, at the addresses
furnished by Service Oklahoma or registering jurisdiction, of the
location of the vessel. This section shall not be construed to
create any civil liability upon the state, any agency of the state
or employee thereof for failure to provide notice to the owner or
lienholder.
Added by Laws 2002, c. 66, § 4. Amended by Laws 2025, c. 171, § 66,
eff. July 1, 2026.
§63-4217.2. Abandoned vessels – Contest of removal or storage –
Hearing.
A. After the removal or storage of any abandoned or wrecked
vessel at the request of a public agency, the registered or legal
owner of the vessel, or their agent, may contest the validity of the
removal or storage, by filing a written request for a hearing with
the public agency. The written request may be filed before or after
the vessel is retrieved from the storage operator. The public
agency shall not be required to conduct a hearing if the request is
received more than ten (10) days following actual or constructive
notice to the owner or driver of the vessel that the vessel has been
so removed or stored. A hearing shall be scheduled within seventy-
two (72) hours of the request, excluding weekends and holidays. The
public agency may authorize its own officer or employee to conduct
the hearing, so long as the hearing officer is not the same person
who directed the removal or storage of the vessel. The public
agency may, with the consent of the person requesting the hearing,
schedule the hearing by telephone and conduct the hearing on the
merits by telephone conference call.
The hearing officer shall apply the law to the evidence and make
a determination whether the vessel removal and storage was
justified. If deemed unjustified, the public agency shall bear the
cost of hookup and tow mileage, and the operator shall waive all
storage costs in such cases as a condition of eligibility to respond
to a service call request from a public agency. The vessel owner or
agent shall not be charged any type of fee or costs relating to
impoundment or storage in such case. If the tow and storage is
deemed justified, the owner or agent shall bear the cost of
reasonable tow and storage.
B. Failure of either the registered or legal owner, or their
agent, to timely request or to timely appear for a scheduled hearing
shall satisfy the hearing requirement of this section.
C. The hearing conducted by the public agency pursuant to this
section shall not be governed by the Administrative Procedures Act.
The owner of a stored vessel may, either in lieu of such hearing or
after such hearing, file a petition in the district court of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1690
county wherein the vessel is stored. The district court is vested
with original jurisdiction to conduct a de novo hearing and
determine the validity of removal and storage.
D. The provisions of this section shall not apply to the
removal of vessels pursuant to Section 954A of Title 47 of the
Oklahoma Statutes.
Added by Laws 2002, c. 66, § 5.
§63-4217.3. Abandoned vessels – Regaining possession.
The owner of a vessel or lienholder of the vessel abandoned in
violation of Section 4217 of Title 63 of the Oklahoma Statutes, or
the owner of any vessel or lienholder of the vessel or insurer of a
vessel when the insurer has purchased the vessel as a total loss
vessel from the registered owner which shall have been lawfully
removed from any waters of this state or other public property may
regain possession of the vessel in accordance with rules of the
Department of Public Safety upon payment of the reasonable cost of
removal and storage of the vessel. The cost of removal and storage
shall be paid to the wrecker or towing service. An operator shall
release the vessel from storage upon authorization from the owner,
agent or lienholder of the vessel or, in the case of a total loss,
the insurer of the vessel where the vessel is to be moved to an
insurance pool yard for sale.
Added by Laws 2002, c. 66, § 6.
§63-4217.4. Abandoned vessels – Lien – Foreclosure by sale – Notice
– Application of proceeds.
A. Every person lawfully in possession of an abandoned vessel
shall have a special lien thereon for the compensation due from the
owner of such abandoned vessel for all expenses incurred.
B. The lien may be foreclosed by a sale of such abandoned
vessel upon giving notice and in the following manner. The notice
shall contain:
1. The name of the party bringing action and the name of the
owner or any person claiming any interest therein;
2. A full description of the vessel, giving all available
information as to the make, year, serial number, registration decal
number with year and the state from which the registration was
issued;
3. A full statement of all the facts;
4. The amount of the claim, giving a full description of the
work, labor, storage or any other costs involved; and
5. The date, time and place of the sale.
The notice shall be posted in three public places in the county in
which the vessel is to be sold at least ten (10) days before the
time specified therein for such sale, and a copy of such notice
shall be mailed to the owner and any other person claiming any
Oklahoma Statutes - Title 63. Public Health and Safety Page 1691
interest in the abandoned motor vehicle, at their last-known mailing
address, by registered mail on the same date of posting such notice.
C. Proceedings for such sale under this section shall not be
commenced until ten (10) days after the lien has accrued.
D. A return of such sale shall be made at the time of sale and
proof of posting and mailing of the notice of sale of abandoned
vessel.
E. The proceeds from the sale of an abandoned vessel made
pursuant to subsection B of this section shall be applied in the
following order:
1. To the reasonable cost incurred in the sale of the abandoned
vessel;
2. To the satisfaction of the special lien provided for in
subsection A of this section;
3. To the satisfaction of any indebtedness secured by a
subordinate security interest or lien in the vessel; and
4. To the owner if the owner is known, and if the owner or the
address of the owner is not known, to Service Oklahoma to be
remitted to the State Treasurer and deposited in the General Revenue
Fund.
Added by Laws 2002, c. 66, § 7. Amended by Laws 2025, c. 171, § 67,
eff. July 1, 2026.
§63-4218. Violations - Penalties.
A. Except as otherwise provided by the provisions of this
section, any person violating the provisions of the Oklahoma Boating
Safety Regulation Act for which another penalty is not provided,
upon conviction thereof, shall be guilty of a misdemeanor and shall
be subject to a fine not to exceed Fifty Dollars ($50.00) for each
such violation.
B. Any person who violates Section 4213 of this title for which
another penalty is not provided, upon conviction thereof, shall be
guilty of a misdemeanor and shall be subject to a fine of not less
than Two Hundred Dollars ($200.00) and not more than One Thousand
Dollars ($1,000.00).
C. Any person who violates any provision of Sections 4206
through 4212 of this title, for which another penalty is not
provided, upon conviction thereof, shall be guilty of a misdemeanor
and shall be subject to a fine of not to exceed One Hundred Dollars
($100.00) for each such violation.
Added by Laws 1989, c. 346, § 70, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 57, eff. Jan. 1, 1993; Laws 2003, c. 393, §
8, emerg. eff. June 4, 2003.
§63-4219. Nighttime speed limit.
It shall be unlawful for any person to operate any vessel upon
the waters of this state which are under the jurisdiction of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1692
Grand River Dam Authority (GRDA), between the hours of one-half hour
after sunset and one-half hour before sunrise at any speed in excess
of thirty-five (35) miles per hour. Any person violating the
provisions of this section shall be guilty of a misdemeanor and
shall be punishable by a fine of not less than Fifty Dollars
($50.00) nor more than Two Hundred Fifty Dollars ($250.00).
Added by Laws 1996, c. 337, § 4, eff. July 1, 1996. Amended by Laws
1997, c. 199, § 9, eff. Nov. 1, 1997.
§63-4220. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4220.1. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4220.2. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4220.3. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4220.4. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4221. Failure to comply with lawful order or directive of law
enforcement officer.
No person shall willfully fail or refuse to comply with any
lawful order or directive of any law enforcement officer while in
the performance of his or her duty of enforcing the provisions of
Title 63 or Title 21 of the Oklahoma Statutes. Failure to comply
will constitute a misdemeanor punishable by a fine not to exceed Two
Hundred Fifty Dollars ($250.00).
Added by Laws 1996, c. 337, § 5, eff. July 1, 1996. Amended by Laws
2004, c. 364, § 5, eff. Nov. 1, 2004.
§63-4222. Repealed by Laws 2018, c. 27, § 62, eff. Nov. 1, 2018.
§63-4230. Repealed by Laws 1997, c. 240, § 6, emerg. eff. May 23,
1997.
§63-4230.1. Repealed by Laws 2003, c. 459, § 12.
§63-4231. Short title.
Sections 1 through 6 of this act shall be known and may be cited
as the “Kyle Williams Boating Safety Education Act”.
Added by Laws 2006, c. 228, § 1, eff. Jan. 1, 2007.
§63-4232. Definitions - Requirements for persons younger than
sixteen to operate certain motorized vessels, personal watercraft -
Boating Safety Education Certificate.
A. As used in this section:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1693
1. "Vessel" shall have the same meaning as defined in Section
4002 of Title 63 of the Oklahoma Statutes, but shall not include
personal watercraft; and
2. "Boating safety education course" means a course in safe
boating that meets or exceeds the minimum instruction standards as
established by the National Association of State Boating Law
Administrators in effect at the time the course is completed.
B. A person under sixteen (16) years of age shall not operate
any vessel, as defined in this section, powered by a motor or
combination of motors in excess of ten (10) horsepower or any sail-
powered vessel sixteen (16) feet or greater in length on the waters
of this state unless the person has:
1. Successfully completed a boating safety education course or
has passed a proctored equivalency examination which tests the
knowledge of information included in the curriculum of such a
course; and
2. Received a Boating Safety Education Certificate as evidence
of successful completion of a boating safety education course or an
equivalency examination.
C. A person at least twelve (12) years of age, but who has not
reached sixteen (16) years of age, shall not operate a vessel, as
defined in this section, powered by a motor or combination of motors
in excess of ten (10) horsepower or any sail-powered vessel sixteen
(16) feet or greater in length on the waters of this state unless
the person:
1. Has met the requirements listed in subsection B of this
section; and
2. Is accompanied by a competent adult, eighteen (18) years of
age or older, who is in a position on or in the vessel to take
immediate control of the vessel being operated.
D. 1. A person under sixteen (16) years of age shall not
operate a personal watercraft unless the person has met the
requirements listed in subsection B of this section.
2. A person at least twelve (12) years of age, but who has not
reached sixteen (16) years of age, shall not operate a personal
watercraft unless the person:
a. Has met the requirements listed in subsection B of
this section; and
b. Is under the visual supervision by a competent adult,
eighteen (18) years of age or older within a distance of five
hundred (500) yards.
The operator of a personal watercraft shall stay at least fifty (50)
feet away from all moving vessels, shall idle at or in the vicinity
of docks and swimmers, and shall wear an approved personal flotation
device.
E. The Department of Public Safety shall promulgate rules
necessary for:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1694
1. The certification of programs and tests for boating safety
education offered by other public or private organizations;
2. The administration of a boating safety education program;
and
3. The issuance of boating safety education certificates.
F. A Boating Safety Education Certificate issued by the
Department of Public Safety to a person who has successfully
completed a boating safety education course or course equivalency
examination shall not expire.
G. A person who is operating a vessel on the waters of this
state shall have in his or her immediate possession:
1. The original Boating Safety Education Certificate as proof
the operator meets the requirements of this section; or
2. A photo identification that clearly shows the operator is
sixteen (16) years of age or older.
Failure to present such proof upon request by a peace officer shall
be prima facie evidence of a violation of this section.
Added by Laws 2006, c. 228, § 2, eff. Jan. 1, 2007.
§63-4233. Exceptions to certification requirement.
Except as otherwise provided, a person is not required to comply
with the certification required by Section 2 of this act if the
person:
1. Is not a resident of this state and has proof the person has
successfully completed a boating safety education course or
equivalency examination in another state or foreign country that is
approved by the Department of Public Safety;
2. Is participating in a sanctioned event as defined in Section
4201 et seq. of this title; or
3. Is operating a personal watercraft as defined in Section
4201 et seq. of this title in a no-wake zone while under the
supervision of an adult.
Added by Laws 2006, c. 228, § 3, eff. Jan. 1, 2007.
§63-4234. Unlawful acts regarding certificates.
It shall be unlawful for any person to:
1. Alter, forge, counterfeit or falsify any Boating Safety
Education Certificate issued under the laws of this or any other
state;
2. Possess a Boating Safety Education Certificate that has been
altered, forged, counterfeited or falsified;
3. Lend or to sell to, or knowingly permit the use of by one
not entitled thereto, any Boating Safety Education Certificate; or
4. Make a false statement or to knowingly conceal a material
fact or otherwise commit a fraud in any such application for a
Boating Safety Education Certificate.
Added by Laws 2006, c. 228, § 4, eff. Jan. 1, 2007.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1695
§63-4235. Violation of certification requirement - Penalties.
A. Any parent, legal guardian or person having actual
responsibility for a person under sixteen (16) years of age, or who
is the owner of the vessel operated by a person under sixteen (16)
years of age, who knows, or should have known, that the person
operating the vessel is not in compliance with the certification
required by Section 2 of this act shall constitute a misdemeanor
and, upon conviction thereof, shall be punishable by a fine of not
less than Fifty Dollars ($50.00) nor more than One Hundred Dollars
($100.00). Any second or subsequent conviction shall be punishable
by a fine in an amount of not less than Two Hundred Fifty Dollars
($250.00), nor more than Five Hundred Dollars ($500.00).
B. A violation of the provisions of Section 2 of this act shall
constitute a misdemeanor and, upon conviction thereof, shall be
punishable by a fine of not less than Two Hundred Fifty Dollars
($250.00) nor more than One Thousand Dollars ($1,000.00).
C. All fines collected under this section shall be deposited to
the Boating Safety Education Fund administered by the State Boating
Law Administrator as designated by the Commissioner of Public Safety
for the purpose of establishing, maintaining and operating a program
of boating safety education throughout the State of Oklahoma.
D. A court may defer the imposition of a fine and place a
defendant on probation for a period not to exceed sixty (60) days if
the defendant:
1. Is a first-time violator of a provision of this section;
2. Pleads guilty or nolo contendere or is found guilty;
3. Requests permission from the court to attend a boating
safety education course; and
4. Successfully completes a boating safety education course
approved by the Department of Public Safety during the probation
period.
E. Any person producing proof in court that a valid Boating
Safety Education Certificate or equivalent form recognized by the
Department of Public Safety reflecting such person has successfully
completed a boating safety education course or is exempt from such
course was in effect at the time of the alleged offense of Section 2
of this act shall be entitled to dismissal of such charge upon
payment of court costs. If such proof is provided within two (2)
regular business days after the violation, the charge shall be
dismissed without payment of court costs.
Added by Laws 2006, c. 228, § 5, eff. Jan. 1, 2007.
§63-4236. Boating Safety Education Fund.
There is hereby created in the State Treasury a revolving fund
for the Department of Public Safety to be designated the "Boating
Safety Education Fund". The fund shall be a continuing fund, not
Oklahoma Statutes - Title 63. Public Health and Safety Page 1696
subject to fiscal year limitations, and shall consist of fine monies
collected pursuant to Section 4235 of this title and any monies
contributed to the fund from any other source. All monies accruing
to the credit of such fund are hereby appropriated and shall be
budgeted and expended by the Department for the exclusive purposes
of establishing and maintaining a boating safety education program
throughout the State of Oklahoma. Expenditures from such 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 2006, c. 228, § 6, eff. Jan. 1, 2007. Amended by Laws
2012, c. 304, § 522.
§63-4251. Short title.
This act shall be known and may be cited as the "Vessel and
Motor Chop Shop, Stolen and Altered Property Act".
Added by Laws 1997, c. 146, § 1, eff. Nov. 1, 1997.
§63-4252. Definitions.
In addition to the terms defined by the Oklahoma Vessel and
Motor Registration Act, Section 4002 et seq. of Title 63 of the
Oklahoma Statutes, and the terms defined by the Oklahoma Boating
Safety Regulation Act, Section 4201 et seq. of Title 63 of the
Oklahoma Statutes, for the purposes of the Vessel and Motor Chop
Shop, Stolen and Altered Property Act:
1. "Chop shop" means any building, lot or other premises where
one or more persons are or have been knowingly engaged in altering,
destroying, disassembling, dismantling, reassembling, or knowingly
storing any vessel or motor, or vessel or motor part known to be
illegally obtained by theft, fraud or conspiracy to defraud, in
order to either:
a. alter, counterfeit, deface, destroy, disguise,
falsify, forge, obliterate, or remove the identity,
including the hull identification number,
manufacturer's serial number or other identification
number of such vessel or motor or vessel or motor
part, in order to misrepresent the identity of such
vessel or motor or vessel or motor part, or to prevent
the identification of such vessel or motor or vessel
or motor part, or
b. sell or dispose of such vessel or motor or vessel or
motor part; and
2. "Unidentifiable" means that the uniqueness of a vessel or
motor or vessel or motor part cannot be established by either expert
law enforcement investigative personnel specially trained and
experienced in vessel or motor theft investigative procedures and
vessel or motor identification examination techniques, or by expert
Oklahoma Statutes - Title 63. Public Health and Safety Page 1697
employees of not-for-profit vessel or motor theft prevention
agencies specially trained and experienced in vessel or motor theft
investigation procedures and vessel or motor identification
examination techniques.
Added by Laws 1997, c. 146, § 2, eff. Nov. 1, 1997.
§63-4253. Crimes and penalties - Exceptions - Punishment for second
and subsequent offenses - Restitutions.
A. Any person who knowingly and with intent that a violation of
this section be committed:
1. Owns, operates, or conducts a chop shop;
2. Transports any vessel or motor or vessel or motor part to or
from a location knowing it to be a chop shop; or
3. Sells, transfers, purchases, or receives any vessel or motor
or vessel or motor part either to or from a location knowing it to
be a chop shop,
upon conviction, is guilty of a Class C1 felony offense, punishable
by imprisonment as provided for in subsections B through E of
Section 20L of Title 21 of the Oklahoma Statutes, or by a fine of
not more than One Hundred Thousand Dollars ($100,000.00), or both
such imprisonment and fine.
B. Any person who knowingly alters, counterfeits, defaces,
destroys, disguises, falsifies, forges, obliterates, or knowingly
removes a hull identification number, manufacturer's serial number
or other identification number with the intent to misrepresent the
identity or prevent the identification of a vessel or motor or
vessel or motor part, upon conviction, is guilty of a Class C2
felony offense, punishable by imprisonment as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes, or by a fine of not more than One Hundred Thousand Dollars
($100,000.00), or both such imprisonment and fine.
C. 1. Any person who buys, disposes, sells, transfers, or
possesses a vessel or motor or vessel or motor part, with knowledge
that the hull identification number, manufacturer's serial number or
other identification number of the vessel or motor or vessel or
motor part has been altered, counterfeited, defaced, destroyed,
disguised, falsified, forged, obliterated, or removed, upon
conviction, is guilty of a Class D1 felony offense, punishable by
imprisonment as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, or by a fine of not more
than Fifty Thousand Dollars ($50,000.00), or both such imprisonment
and fine.
2. The provisions of paragraph 1 of this subsection shall not
apply to a vessel or motor scrap processor who, in the normal legal
course of business and in good faith, processes a vessel or motor or
vessel or motor part by crushing, compacting, or other similar
methods, provided that any hull identification number,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1698
manufacturer's serial number or other identification number is not
removed from the vessel or motor or vessel or motor part prior to or
during any such processing.
3. The provisions of paragraph 1 of this subsection shall not
apply to any owner or authorized possessor of a vessel or motor or
vessel or motor part which has been recovered by law enforcement
authorities after having been stolen or where the condition of the
hull identification number, manufacturer's serial number or other
identification number of the vessel or motor or vessel or motor part
is known to or has been reported to law enforcement authorities. It
shall be presumed that law enforcement authorities have knowledge of
all hull identification numbers, manufacturer's serial numbers or
other identification numbers on a vessel or motor or vessel or motor
part which are altered, counterfeited, defaced, disguised,
falsified, forged, obliterated, or removed, when law enforcement
authorities deliver or return the vessel or motor or vessel or motor
part to its owner or authorized possessor after it has been
recovered by law enforcement authorities after having been reported
stolen.
D. A person commits an attempt when, with intent to commit a
violation proscribed by subsection A, B or C of this section, the
person does any act which constitutes a substantial step toward the
commission of the violation proscribed by subsection A, B or C of
this section, and upon conviction is guilty of a Class C2 felony
offense, punishable by imprisonment as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes, or by
a fine of not more than Fifty Thousand Dollars ($50,000.00), or both
such imprisonment and fine.
E. A person commits conspiracy when, with an intent that a
violation proscribed by subsection A, B or C of this section be
committed, the person agrees with another to the commission of the
violation proscribed by subsection A, B or C of this section, and
upon conviction is guilty of a Class D3 felony offense, punishable
by imprisonment as provided for in subsections B through F of
Section 20P of Title 21 of the Oklahoma Statutes, or by a fine of
not more than Twenty-five Thousand Dollars ($25,000.00), or both
such imprisonment and fine. No person may be convicted of
conspiracy under this section unless an act in furtherance of such
agreement is alleged and proved to have been committed by that
person or a coconspirator.
F. A person commits solicitation when, with intent that a
violation proscribed by subsection A, B or C of this section be
committed, the person commands, encourages, or requests another to
commit the violation proscribed by subsection A, B or C of this
section, and upon conviction is guilty of a Class D3 felony offense,
punishable by imprisonment as provided for in subsections B through
F of Section 20P of Title 21 of the Oklahoma Statutes, or by a fine
Oklahoma Statutes - Title 63. Public Health and Safety Page 1699
of not more than Ten Thousand Dollars ($10,000.00), or both such
imprisonment and fine.
G. A person commits aiding and abetting when, either before or
during the commission of a violation proscribed by subsection A, B
or C of this section, with the intent to promote or facilitate such
commission, the person aids, abets, agrees or attempts to aid
another in the planning or commission of the violation proscribed by
subsection A, B or C of this section, and upon conviction is guilty
of a Class D3 felony offense, punishable by imprisonment as provided
for in subsections B through F of Section 20P of Title 21 of the
Oklahoma Statutes, or by a fine of not more than Five Thousand
Dollars ($5,000.00), or both such imprisonment and fine.
H. A person is an accessory after the fact who maintains,
assists, or gives any other aid to an offender while knowing or
having reasonable grounds to believe the offender to have committed
a violation under subsection A, B, C, D, E, F or G of this section,
and upon conviction is guilty of a Class D3 felony offense,
punishable by imprisonment as provided for in subsections B through
F of Section 20P of Title 21 of the Oklahoma Statutes, or by a fine
of not more than Five Thousand Dollars ($5,000.00), or both such
imprisonment and fine.
I. No prosecution shall be brought and no person shall be
convicted of any violation under this section, where acts of the
person, otherwise constituting a violation, were done in good faith
in order to comply with the laws or regulations of any state or
territory of the United States, or of the federal government of the
United States.
J. The sentence imposed upon a person convicted of any
violation of this section shall not be reduced to less than one (1)
year imprisonment for a second conviction of any violation, or less
than five (5) years for a third or subsequent conviction of any
violation of this section, and no sentence imposed upon a person for
a second or subsequent conviction of any violation of this section
shall be suspended or reduced, until such person shall have served
the minimum period of imprisonment provided for herein. A person
convicted of a second or subsequent violation of this section shall
not be eligible for probation, parole, furlough or work release. A
second conviction or any third or subsequent conviction of a
violation of this section shall be deemed a Class B3 felony offense.
K. 1. In addition to any other punishment, a person who
violates this section shall be ordered to make restitution to the
lawful owner or owners of the stolen vessel or motor or the stolen
vessel or motor part or parts, or to the owner's insurer to the
extent that the owner has been compensated by the insurer, and to
any other person for any financial loss sustained as a result of a
violation of this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1700
Financial loss shall include, but not be limited to, loss of
earnings, out-of-pocket and other expenses, repair and replacement
costs and claims payments. "Lawful owner" shall include an innocent
bona fide purchaser for value of a stolen vessel or motor or stolen
vessel or motor part who does not know that the vessel or motor or
part is stolen; or an insurer to the extent that such insurer has
compensated a bona fide purchaser for value.
2. The court shall determine the extent and method of
restitution. In an extraordinary case, the court may determine that
the best interests of the victim and justice would not be served by
ordering restitution. In any such case, the court shall make and
enter specific written findings on the record concerning the
extraordinary circumstances presented which militated against
restitution.
Added by Laws 1997, c. 146, § 3, eff. Nov. 1, 1997. Amended by Laws
2025, c. 486, § 98, eff. Jan. 1, 2026.
§63-4254. Seizure of property.
A. Any tool, implement, or instrumentality, including, but not
limited to, a vessel or motor or vessel or motor part, used or
possessed in connection with any violation of Section 3 of this act
may be seized by a member of a state or local law enforcement agency
when:
1. The seizure is incident to inspection under an
administrative inspection warrant;
2. The seizure is incident to a search made under a search
warrant;
3. The seizure is incident to a lawful arrest;
4. The seizure is made pursuant to a valid consent to search;
5. The property seized has been the subject of a prior judgment
in favor of the state in a criminal proceeding, or in an injunction
or forfeiture proceeding under Section 6 of this act; or
6. There are reasonable grounds to believe that the property is
directly or indirectly dangerous to health or safety.
B. When property is seized under this section, the seizing
agency may:
1. Place the property under seal; or
2. Remove the property to a place selected and designated by
the seizing agency.
Added by Laws 1997, c. 146, § 4, eff. Nov. 1, 1997.
§63-4255. Forfeiture of property.
A. The following are subject to forfeiture unless obtained by
theft, fraud, or conspiracy to defraud and the rightful owner is
known or can be identified and located:
1. Any tool;
2. Any implement; or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1701
3. Any instrumentality, including, but not limited to, any
vessel or motor or vessel or motor part, whether owned or unowned by
the person from whose possession or control it was seized, which is
used or possessed either in violation of Section 4253 of this title
or to promote or facilitate a violation of Section 4253 of this
title.
B. Any vessel or motor, other conveyance, or vessel or motor
part used by any person as a common carrier is subject to forfeiture
under this section where the owner or other person in charge of the
vessel or motor, other conveyance, or vessel or motor part is a
consenting party to a violation of Section 4253 of this title.
C. No vessel or motor, vessel or motor part, other conveyance,
tool, implement, or instrumentality is subject to forfeiture under
this section by reason of any act or omission which the owner proves
to have been committed or omitted without the owner’s knowledge or
consent.
D. 1. Seizing agencies shall utilize their best efforts to
identify any seized vessel or motor or vessel or motor part to
determine ownership or the identity of any other person having a
right or interest in a seized vessel or motor or vessel or motor
part. In its reasonable identification and owner location attempts,
the seizing agency shall cause the National Crime Information Center
(NCIC) to be searched for stolen or wanted information on vessels or
motors similar to the seized vessel or motor or consistent with the
seized vessel or motor part.
2. Where a vessel or motor or vessel or motor part has an
apparent value in excess of One Thousand Dollars ($1,000.00):
a. the seizing agency shall consult with an expert of the
type specified in Section 4252 of this title, and
b. the seizing agency shall also request searches of the
on-line and off-line files of the National Crime
Information Center (NCIC) when the state law
enforcement files have been searched with negative
results.
E. A forfeiture of a vessel or motor, vessel or motor part, or
other conveyance encumbered by a bona fide security interest is
subject to the interest of the secured party where the secured party
neither had knowledge of nor consented to the act or omission
forming the ground for the forfeiture.
F. Property described in subsection A of this section seized
and held for forfeiture shall not be subject to replevin and is
subject only to the order and judgments of a court of competent
jurisdiction hearing the forfeiture proceedings.
G. 1. The district attorney in the county where the seizure
occurs shall bring an action for forfeiture in a court of competent
jurisdiction. The forfeiture action shall be brought within sixty
(60) days from the date of seizure except where the district
Oklahoma Statutes - Title 63. Public Health and Safety Page 1702
attorney in the sound exercise of discretion determines that no
forfeiture action should be brought because of the rights of
property owners, lienholders, or secured creditors, or because of
exculpatory, exonerating, or mitigating facts and circumstances.
2. The district attorney shall give notice of the forfeiture
proceeding by mailing a copy of the complaint in the forfeiture
proceeding to each person whose right, title, or interest is of
record in Service Oklahoma, the Department of Public Safety, the
Federal Aviation Agency, or any other department of the state, or
any other state or territory of the United States, or of the federal
government if such property is required to be registered in any such
department.
3. Notice of the proceeding shall be given to any such other
person as may appear, from the facts and circumstances, to have any
right, title, or interest in or to the property.
4. The owner of the property, or any person having, or
claiming, right, title, or interest in the property may within sixty
(60) days after the mailing of such notice file a verified answer to
the complaint and may appear at the hearing on the action for
forfeiture.
5. The district attorney shall show at a forfeiture hearing, by
a preponderance of the evidence, that such property was used in the
commission of a violation of Section 4253 of this title, or was used
or possessed to facilitate such violation.
6. The owner of property may show by a preponderance of the
evidence that the owner did not know, and did not have reason to
know, that the property was to be used or possessed in the
commission of any violation or that any of the exceptions to
forfeiture are applicable.
7. Unless the district attorney shall make the showing required
of it, the court shall order the property released to the owner.
Where the prosecutor has made such a showing, the court may order:
a. the property be destroyed by the agency which seized
it or some other agency designated by the court,
b. the property be delivered and retained for use by the
agency which seized it or some other agency designated
by the court, or
c. the property be sold at public sale.
H. A copy of a forfeiture order shall be filed with the sheriff
of the county in which the forfeiture occurs and with each federal
or state department with which such property is required to be
registered. Such order, when filed, constitutes authority for the
issuance to the agency to whom the property is delivered and
retained for use or to any purchaser of the property of a title
certificate, registration certificate, or other special certificate
as may be required by law considering the condition of the property.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1703
I. Proceeds from sale at public auction, after payment of all
reasonable charges and expenses incurred by the agency designated by
the court to conduct the sale in storing and selling the property,
shall be paid to the general fund of the county of seizure or
treasury of the governmental unit employing the seizing agency.
J. No vessel or motor, either seized under Section 4254 of this
title or forfeited under this section, shall be released by the
seizing agency or used or sold by an agency designated by the court
unless any altered, counterfeited, defaced, destroyed, disguised,
falsified, forged, obliterated, or removed hull identification
number, manufacturer’s serial number or other identification number
is corrected by the issuance and affixing of either an assigned or
replacement hull identification number plate, manufacturer’s serial
number plate or other identification number plate as may be
appropriate under laws or regulations of this state.
K. No motor part having any altered, counterfeited, defaced,
destroyed, disguised, falsified, forged, obliterated, or removed
hull identification number, manufacturer’s serial number or other
identification number shall be disposed of upon forfeiture except by
destruction thereof, except that this provision shall not apply to
any vessel or motor part which is assembled with and constitutes
part of a vessel or motor.
L. No vessel or motor or vessel or motor part shall be
forfeited under this section solely on the basis that it is
unidentifiable. Instead of forfeiture, any seized vessel or motor
or vessel or motor part which is unidentifiable shall be the subject
of a written report sent by the seizing agency to the Department of
Public Safety which report shall include a description of the vessel
or motor or vessel or motor part, its color, if any, the date, time
and place of its seizure, the name of the person from whose
possession or control it was seized, the grounds for its seizure,
and the location where the same is held or stored.
M. When a seized unidentifiable vessel or motor or vessel or
motor part has been held for sixty (60) days or more after the
notice to the Department of Public Safety specified in subsection L
of this section has been given, the seizing agency or its agent
shall cause the vessel or motor or vessel or motor part to be sold
at public sale to the highest bidder. Notice of the time and place
of sale shall be posted in a conspicuous place for at least thirty
(30) days prior to the sale on the premises where the vessel or
motor or vessel or motor part has been stored.
N. When a seized unidentifiable vessel or motor or vessel or
motor part has an apparent value of One Thousand Dollars ($1,000.00)
or less, the seizing agency shall authorize the disposal of the
vessel or motor or vessel or motor part, provided that no such
disposition shall be made less than sixty (60) days after the date
of seizure.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1704
O. The proceeds of the public sale of an unidentifiable vessel
or motor or vessel or motor part shall be deposited in the General
Revenue Fund of the state, or treasury of the governmental unit
employing the seizing agency after deduction of any reasonable and
necessary towing and storage charges.
P. Seizing agencies shall utilize their best efforts to arrange
for the towing and storing of vessels or motors and vessel or motor
parts in the most economical manner possible. In no event shall the
owner of a vessel or motor or a vessel or motor part be required to
pay more than the minimum reasonable costs of towing and storage.
Q. A seized vessel or motor or vessel or motor part that is
neither forfeited nor unidentifiable shall be held subject to the
order of the court in which the criminal action is pending or, if a
request for its release from such custody is made, until the
district attorney has notified the defendant or the defendant’s
attorney of such request and both the prosecution and defense have
been afforded a reasonable opportunity for an examination of the
property to determine its true value and to produce or reproduce, by
photographs or other identifying techniques, legally sufficient
evidence for introduction at trial or other criminal proceedings.
Upon expiration of a reasonable time for the completion of the
examination, which in no event shall exceed fourteen (14) days from
the date of service upon the defense of the notice of request for
return of property as provided herein, the property shall be
released to the person making such request after satisfactory proof
of such person’s entitlement to the possession thereof.
Notwithstanding the foregoing, upon application by either party with
notice to the other, the court may order retention of the property
if it determines that retention is necessary in the furtherance of
justice.
R. When a seized vessel or motor is forfeited, restored to its
owner, or disposed of as unidentifiable, the seizing agency shall
retain a report of the transaction for a period of at least one (1)
year from the date of the transaction.
S. When an applicant for a certificate of title or salvage
certificate presents to Service Oklahoma proof that the applicant
purchased or acquired a vessel or motor at a public sale conducted
pursuant to this section and such fact is attested to by the seizing
agency, Service Oklahoma shall issue a certificate of title, salvage
certificate for the vessel or motor upon receipt of the statutory
fee, properly executed application for a certificate of title, or
other certificate of ownership, and the affidavit of the seizing
agency that a state-assigned number was applied for and affixed to
the vessel or motor prior to the time that the vessel or motor was
released by the seizing agency to the purchaser.
Added by Laws 1997, c. 146, § 5, eff. Nov. 1, 1997. Amended by Laws
2025, c. 171, § 68, eff. July 1, 2026.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1705
§63-4256. Civil proceedings.
A. The Attorney General, any district attorney or any aggrieved
person may institute civil proceedings against any person in any
court of competent jurisdiction seeking relief from conduct
constituting a violation of any provision of the Vessel and Motor
Chop Shop, Stolen and Altered Property Act. If the plaintiff in
such a proceeding proves the alleged violation, or its threat, by a
preponderance of the evidence, any court of competent jurisdiction,
after due provision for the rights of innocent persons, shall grant
relief by entering any appropriate order or judgment, including, but
not limited to:
1. Ordering any defendant to be divested of any interest in any
property;
2. Imposing reasonable restrictions upon the future activities
or investments of any defendant, including prohibiting any defendant
from engaging in the same type of endeavor as the defendant was
engaged in previously;
3. Ordering the suspension or revocation of a license, permit,
or prior approval granted by any public agency or any other public
authority; or
4. Ordering the surrender of the charter of a corporation
organized under the laws of the state or the revocation of a
certificate authorizing a foreign corporation to conduct business
within the state upon finding that the board of directors or a
managerial agent acting on behalf of the corporation, in conducting
the affairs of the corporation, has authorized or engaged in conduct
made unlawful by the Vessel and Motor Chop Shop, Stolen and Altered
Property Act and that, for the prevention of future criminal
conduct, the public interest requires the charter of the corporation
be surrendered and the corporation dissolved or the certificate
revoked.
B. In a proceeding under this section, injunctive relief shall
be granted in conformity with the principles that govern the
granting of relief from injury or threatened injury in other cases,
but no showing of special or irreparable injury shall have to be
made. Pending final determination of a proceeding under this
section, a temporary restraining order or a preliminary injunction
may be issued upon a showing of immediate danger of significant
injury, including the possibility that any judgment for money
damages might be difficult to execute, and, in a proceeding
initiated by an aggrieved person, upon the execution of proper bond
against injury for an injunction improvidently granted.
C. Any person injured, directly or indirectly, by conduct
constituting a violation by any person of Section 3 of this act
shall, in addition to any other relief, have a cause of action for
threefold the actual damages sustained by the person.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1706
D. A final judgment or decree rendered against the defendant in
any civil or criminal proceeding shall estop the defendant in any
subsequent civil action or proceeding brought by any person as to
all matters as to which the judgment or decree would be an estoppel
as between the parties to the civil or criminal proceeding.
E. Notwithstanding any other provision of law providing a
shorter period of limitations, a civil action under this section may
be commenced at any time within five (5) years after the conduct
made unlawful under Section 3 of this act terminates or the cause of
action accrues or within any longer statutory period that may be
applicable. If any action is brought by a prosecutor to punish,
prevent or restrain any activity made unlawful under Section 3 of
this act, the running of the period of limitations shall be
suspended during the pendency of such action and for two (2) years
following its termination.
F. Personal service of any process in an action under this
section may be made upon any person outside the state if the person
has engaged in any conduct constituting a violation of Section 3 of
this act in this state. The person shall be deemed to have thereby
submitted to the jurisdiction of the courts of this state for the
purposes of this provision.
G. Obtaining any civil remedy under this section shall not
preclude obtaining any other civil or criminal remedy under either
this act or any other provision of law. Civil remedies under this
section are supplemental and not mutually exclusive.
Added by Laws 1997, c. 146, § 6, eff. Nov. 1, 1997.
§63-4257. Criminal proceedings.
In addition to the power of the Attorney General or any district
attorney to institute civil proceedings under Section 6 of this act,
the Attorney General or any district attorney is empowered to
institute criminal prosecutions for a violation of Section 3 of this
act in any court of competent jurisdiction.
Added by Laws 1997, c. 146, § 7, eff. Nov. 1, 1997.
§63-5000.24. Medicaid Buy-In Program.
A. The Oklahoma Health Care Authority, following directives of
and upon approval of the Health Care Financing Administration, is
directed to implement a Medicaid Buy-In Program for persons with
disabilities, if funds become available. Components of such program
shall include, but not be limited to:
1. Allowing individuals with disabilities who are sixteen (16)
years of age and over, but under sixty-five (65) years of age, and
who, except for earned income, would be eligible to receive
Supplemental Security Income (SSI) benefits, regardless of whether
they have ever received Supplemental Security Income (SSI) cash
benefits, the option of purchasing Medicaid coverage that will
Oklahoma Statutes - Title 63. Public Health and Safety Page 1707
enable individuals with disabilities to gain and/or maintain
employment and reduce their dependency on existing cash benefit
programs;
2. Removing work disincentives that inhibit individuals with
disabilities from engaging in work that is commensurate with their
abilities and capabilities;
3. Developing an infrastructure within and outside state
government that supports efforts to enhance employment opportunities
for individuals with disabilities; and
4. Ensuring meaningful input in the design, implementation, and
evaluation of programs, policies, and procedures developed under
such program by individuals with disabilities and other interested
parties.
B. The Oklahoma Health Care Authority Board shall promulgate
any rules necessary to implement provisions of the Oklahoma Ticket
to Work and Work Incentives Improvement Act regarding the Medicaid
Buy-In Program.
Added by Laws 2001, c. 365, § 3, emerg. eff. June 4, 2001.
§63-5000.25. Results-based funding pilot project.
A. The Oklahoma Health Care Authority, upon approval of the
Health Care Financing Administration, is directed to develop a
results-based funding pilot project for eligible persons who
participate in the Oklahoma Medicaid program and who are currently
receiving outpatient behavioral health services, if funds become
available.
B. As used in this section:
1. “Results-based funding” means an approach which emphasizes
performance outcome measures, accountability of programmatic
results, program results showing cost efficiency and effectiveness
for the delivery of such program service, and consumer choice and
satisfaction; and
2. "Medicaid" means the medical assistance program established
in Title XIX of the Social Security Act, 42 U.S.C.A., Section 1396
et seq., and administered in this state by the Oklahoma Health Care
Authority.
Added by Laws 2001, c. 365, § 4, emerg. eff. June 4, 2001.
§63-5003. Legislative declaration - Purpose.
A. The Legislature recognizes that the state is a major
purchaser of health care services, and the increasing costs of such
health care services are posing and will continue to pose a great
financial burden on the state. It is the policy of the state to
provide comprehensive health care as an employer to state employees
and officials and their dependents and to those who are dependent on
the state for necessary medical care. It is imperative that the
state develop effective and efficient health care delivery systems
Oklahoma Statutes - Title 63. Public Health and Safety Page 1708
and strategies for procuring health care services in order for the
state to continue to purchase the most comprehensive health care
possible.
B. It is therefore incumbent upon the Legislature to establish
the Oklahoma Health Care Authority whose purpose shall be to:
1. Purchase Medicaid benefits;
2. Study all state-purchased and state-subsidized health care,
alternative health care delivery systems and strategies for the
procurement of health care services in order to maximize cost
containment in these programs while ensuring access to quality
health care;
3. Make recommendations aimed at minimizing the financial
burden which health care poses for the state, its employees and its
charges, while at the same time allowing the state to provide the
most comprehensive health care possible; and
4. Administer the state-sponsored health and dental benefits
plans known as HealthChoice and life insurance plans in accordance
with the Oklahoma Employees Insurance and Benefits Act and the State
Employees Flexible Benefits Act. The Office of Management and
Enterprise Services shall cause the transfer of all necessary
assets, data, records, and personnel necessary for the
administration of HealthChoice not later than the effective date of
this act.
Added by Laws 1993, c. 332, § 1. Amended by Laws 2024, c. 123, § 1,
eff. July 1, 2024.
§63-5004. Short title.
Sections 1 through 14 of this act shall be known and may be
cited as the "Oklahoma Health Care Authority Act".
Added by Laws 1993, c. 332, § 2.
§63-5005. Definitions.
For purposes of the Oklahoma Health Care Authority Act:
1. "Administrator" means the chief executive officer of the
Authority;
2. "Authority" means the Oklahoma Health Care Authority;
3. "Board" means the Oklahoma Health Care Authority Board;
4. "Health services provider" means health insurance carriers,
pre-paid health plans, hospitals, physicians and other health care
professionals, and other entities who contract with the Authority
for the delivery of health care services to state and education
employees and persons covered by the state Medicaid program; and
5. "State-purchased health care" or "state-subsidized health
care" means medical and health care, pharmaceuticals and medical
equipment purchased with or supported by state and federal funds
through the Oklahoma Health Care Authority, the Department of Mental
Health and Substance Abuse Services, the State Department of Health,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1709
the Department of Human Services, the Department of Corrections, the
Department of Veterans Affairs, other state agencies administering
state-purchased or state-subsidized health care programs, the
Oklahoma State Regents for Higher Education, the State Board of
Education and local school districts.
Added by Laws 1993, c. 332, § 3. Amended by Laws 1997, c. 109, § 1,
eff. Nov. 1, 1997.
§63-5006. Oklahoma Health Care Authority - Creation - Powers and
duties - Personnel.
A. There is hereby created the Oklahoma Health Care Authority.
The Authority shall have the power and duty to:
1. Purchase health care benefits for Medicaid recipients, and
others who are dependent on the state for necessary medical care, as
specifically authorized by law;
2. Enter into contracts for the delivery of state-purchased
health care and establish standards and criteria which must be met
by entities to be eligible to contract with the Authority for the
delivery of state-purchased health care;
3. Develop a proposed standard basic health care benefits
package or packages to be offered by health services providers, for
Medicaid recipients;
4. Study all matters connected with the provision of state-
purchased and state-subsidized health care coverage;
5. Develop and submit plans, reports and proposals, provide
information and analyze areas of public and private health care
interaction pursuant to the provisions of the Oklahoma Health Care
Authority Act;
6. Serve as a resource for information on state-purchased and
state-subsidized health care access, cost containment and related
health issues;
7. Administer programs and enforce laws placed under the
jurisdiction of the Authority pursuant to the Oklahoma Health Care
Authority Act, and such other duties prescribed by law;
8. Collaborate with and assist the Insurance Commissioner in
the development of a Uniform Claim Processing System for use by
third-party payors and health care providers;
9. Collaborate with and assist the State Department of Health
with the development of licensure standards and criteria for pre-
paid health plans; and
10. Exercise all incidental powers which are necessary and
proper to carry out the purposes of the Oklahoma Health Care
Authority Act.
B. All positions within the Authority shall be unclassified
until approval of the annual business and personnel plan submitted
by January 1, 1995, by the Governor and the Legislature. In the
annual business plan submitted January 1, 1995, the Board shall
Oklahoma Statutes - Title 63. Public Health and Safety Page 1710
include a personnel plan which shall list, describe and justify all
unclassified positions within the Authority and their compensation.
All other employees and positions shall be classified and subject to
the provisions of the Merit System of Personnel Administration as
provided in the Oklahoma Personnel Act.
Added by Laws 1993, c. 332, § 4. Amended by Laws 1995, c. 204, § 6,
eff. July 1, 1995; Laws 1999, c. 87, § 1, emerg. eff. April 13,
1999.
§63-5007. Oklahoma Health Care Authority Board.
A. There is hereby created the Oklahoma Health Care Authority
Board which shall consist of the following nine (9) members:
1. Five members appointed by the Governor;
2. Two members appointed by the Speaker of the House of
Representatives; and
3. Two members appointed by the President Pro Tempore of the
Senate.
B. Each member shall serve at the pleasure of his or her
appointing authority and may be removed or replaced without cause.
Any member of the Board shall be prohibited from voting on any issue
in which the member has a direct financial interest. The
Administrator of the Oklahoma Health Care Authority shall be an ex
officio member of the Board, but shall be entitled to vote only in
case of a tie vote.
C. The Board shall have the power and duty to:
1. Establish the policies of the Oklahoma Health Care
Authority;
2. Adopt and promulgate rules as necessary and appropriate to
carry out the duties and responsibilities of the Authority. The
Board shall be the rulemaking body for the Authority; and
3. Adopt, publish and submit by January 1 of each year to the
Governor, the President Pro Tempore of the Senate, and the Speaker
of the House of Representatives appropriate administrative policies
and the business plan for that year. All actions governed by the
administrative policies and annual business plan shall be examined
annually in an independent audit.
D. A majority of the members of the Board shall constitute a
quorum for the transaction of business and for taking any official
action. Official action of the Board must have a favorable vote by
a majority of the members present.
E. Members appointed pursuant to subsection A of this section
shall serve without compensation but shall be reimbursed for
expenses incurred in the performance of their duties in accordance
with the State Travel Reimbursement Act.
F. The Board and the Authority shall act in accordance with the
provisions of the Oklahoma Open Meeting Act, the Oklahoma Open
Records Act and the Administrative Procedures Act.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1711
Added by Laws 1993, c. 332, § 5. Amended by Laws 1994, c. 282, § 2,
eff. July 1, 1994; Laws 1995, c. 98, § 1, eff. July 1, 1995; Laws
1995, c. 204, § 7, eff. July 1, 1995; Laws 1998, c. 143, § 1, eff.
July 1, 1998; Laws 2002, c. 375, § 13, eff. Nov. 5, 2002; Laws 2019,
c. 9, § 1, emerg. eff. March 13, 2019.
§63-5007.1. Oklahoma Medicaid Accountability and Outcomes Act.
A. This act shall be known and may be cited as the "Oklahoma
Medicaid Accountability and Outcomes Act".
B. 1. Subject to the availability of funds, the Joint
Legislative Oversight Committee for the Oklahoma Health Care
Authority shall enter into a contract for a study of the Oklahoma
Medicaid Program. The contract shall be executed with an
organization having nationally recognized expertise in the area of
health care and health care service delivery.
2. The study shall include the entire Oklahoma Medicaid
Program, including the Medicaid managed care programs and services
delivered pursuant to the Oklahoma Medicaid Program Reform Act of
2003.
3. The purpose of the study shall be to evaluate access to
care, health care outcomes, and the quality and cost of health care
and related services delivered through the Oklahoma Medicaid
Program.
4. A report of the study and findings shall be made to the
Oklahoma Health Care Authority Board, the Governor, and the
appropriate committees of the Oklahoma State Senate and the Oklahoma
House of Representatives.
Added by Laws 2002, c. 489, § 1, eff. Nov. 1, 2002. Amended by Laws
2003, c. 464, § 9, eff. July 1, 2003.
§63-5008. Administrator - Qualifications - Status - Powers and
duties - Contract bidding process - Advisory committees.
A. The Administrator of the Oklahoma Health Care Authority
shall have the training and experience necessary for the
administration of the Authority. The Administrator shall be
appointed by the Governor with the advice and consent of the Senate
and shall serve at the pleasure of the Governor and may be removed
or replaced without cause. Compensation for the Administrator shall
be determined by the Governor. The Administrator may be removed
from office by a two-thirds (2/3) vote of the members elected to and
constituting each chamber of the Legislature.
B. The Administrator of the Oklahoma Health Care Authority
shall be the chief executive officer of the Authority and shall act
for the Authority in all matters except as may be otherwise provided
by law. The powers and duties of the Administrator shall include
but not be limited to:
1. Supervision of the activities of the Authority;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1712
2. Formulation and recommendation of rules for approval or
rejection by the Oklahoma Health Care Authority Board and
enforcement of rules and standards promulgated by the Board;
3. Preparation of the plans, reports and proposals required by
the Oklahoma Health Care Authority Act, Section 5003 et seq. of this
title, other reports as necessary and appropriate, and an annual
budget for the review and approval of the Board;
4. Employment of such staff as may be necessary to perform the
duties of the Authority including but not limited to an attorney to
provide legal assistance to the Authority for the state Medicaid
program; and
5. Establishment of a contract bidding process which:
a. encourages competition among entities contracting with
the Authority for state-purchased and state-subsidized
health care; provided, however, the Authority may make
patient volume adjustments to any managed care plan
whose prime contractor is a state-sponsored,
nationally accredited medical school. The Authority
may also make education or research supplemental
payments to state-sponsored, nationally accredited
medical schools based on the level of participation in
any managed care plan by managed care plan
participants,
b. coincides with the state budgetary process, and
c. specifies conditions for awarding contracts to any
insuring entity.
C. The Administrator may appoint advisory committees as
necessary to assist the Authority with the performance of its duties
or to provide the Authority with expertise in technical matters.
Added by Laws 1993, c. 332, § 6. Amended by Laws 1994, c. 382, §
46, eff. Sept. 1, 1994; Laws 1995, c. 1, § 21, emerg. eff. March 2,
1995; Laws 1995, c. 330, § 1, emerg. eff. June 8, 1995; Laws 1996,
c. 3, § 11, emerg. eff. March 6, 1996; Laws 2019, c. 9, § 2, emerg.
eff. March 13, 2019.
NOTE: Laws 1994, c. 282, § 3 repealed by Laws 1995, c. 1, § 40,
emerg. eff. March 2, 1995. Laws 1995, c. 204, § 8 repealed by Laws
1996, c. 3, § 25, emerg. eff. March 6, 1996.
§63-5009. Administration of Oklahoma Medicaid Program.
A. On and after January 1, 1995, the Oklahoma Health Care
Authority shall be the designated state agency for the
administration of the Oklahoma Medicaid Program.
1. The Authority shall contract with the Department of Human
Services for the determination of Medicaid eligibility and other
administrative or operational functions related to the Oklahoma
Medicaid Program as necessary and appropriate.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1713
2. To the extent possible and appropriate, upon the transfer of
the administration of the Oklahoma Medicaid Program, the Authority
shall employ the personnel of the Medical Services Division of the
Department of Human Services.
3. The Department of Human Services and the Authority shall
jointly prepare a transition plan for the transfer of the
administration of the Oklahoma Medicaid Program to the Authority.
The transition plan shall include provisions for the retraining and
reassignment of employees of the Department of Human Services
affected by the transfer. The transition plan shall be submitted to
the Governor, the President Pro Tempore of the Senate and the
Speaker of the House of Representatives on or before January 1,
1995.
B. In order to provide adequate funding for the unique training
and research purposes associated with the demonstration program
conducted by the entity described in paragraph 7 of subsection B of
Section 6201 of Title 74 of the Oklahoma Statutes, and to provide
services to persons without regard to their ability to pay, the
Oklahoma Health Care Authority shall analyze the feasibility of
establishing a Medicaid reimbursement methodology for nursing
facilities to provide a separate Medicaid payment rate sufficient to
cover all costs allowable under Medicare principles of reimbursement
for the facility to be constructed or operated, or constructed and
operated, by the organization described in paragraph 7 of subsection
B of Section 6201 of Title 74 of the Oklahoma Statutes.
Added by Laws 1993, c. 332, § 7. Amended by Laws 1994, c. 282, § 4,
eff. July 1, 1994; Laws 1995, c. 1, § 22, emerg. eff. March 2, 1995;
Laws 1997, c. 292, § 11, eff. July 1, 1997; Laws 2000, c. 343, § 1,
emerg. eff. June 6, 2000; Laws 2003, c. 464, § 10, eff. July 1,
2003; Laws 2004, c. 378, § 3, emerg. eff. June 3, 2004; Laws 2022,
c. 395, § 21, eff. July 1, 2022.
NOTE: Laws 1994, c. 103, § 1 repealed by Laws 1995, c. 1, § 40,
emerg. eff. March 2, 1995.
§63-5009.1. Oklahoma Health Care Authority - Acceptance of federal
grants - Appropriations in advance.
A. 1. The Oklahoma Health Care Authority may accept grants
from the federal government of monies or services for the purpose of
augmenting any assistance program or other program within the
jurisdiction of the Authority or to reimburse the state for any such
assistance payments.
2. The Authority shall comply with the requirements of any
federal agency governing the federal grants in any manner not
inconsistent with the Constitution and laws of this state.
B. The Authority may make apportionments in advance of funds
under its control, in accordance with the requirements of the
federal government, when such funds are to be matched in whole or in
Oklahoma Statutes - Title 63. Public Health and Safety Page 1714
part by federal funds; provided, the provisions of this subsection
shall not authorize the Authority to make apportionments in advance
of such funds in violation of any constitutional or statutory
restrictions or provisions.
Added by Laws 1996, c. 177, § 1, eff. Nov. 1, 1996.
§63-5009.2. Advisory Committee on Medical Care for Public
Assistance Recipients.
A. The Advisory Committee on Medical Care for Public Assistance
Recipients, created by the Oklahoma Health Care Authority pursuant
to 42 Code of Federal Regulations, Section 431.12, for the purpose
of advising the Authority about health and medical care services,
shall include among its membership of no more than sixteen (16) the
following:
1. Board-certified physicians and other representatives of the
health professions who are familiar with the medical needs of low-
income population groups and with the resources available and
required for their care. The Advisory Committee shall, at all
times, include at least one physician from each of the six classes
of physicians listed in Section 725.2 of Title 59 of the Oklahoma
Statutes. All such physicians and other representatives of the
health professions shall be participating providers in the State
Medicaid Plan;
2. Members of consumers’ groups, including, but not limited to:
a. Medicaid recipients, and
b. representatives from consumer organizations including
a member representing nursing homes, a member
representing individuals with developmental
disabilities and a member representing one or more
behavioral health professions;
3. The Director of the Department of Human Services or
designee;
4. The Commissioner of Mental Health and Substance Abuse
Services or designee;
5. A member approved and appointed by a state organization or
state chapter of a national organization of pediatricians dedicated
to the health, safety and well-being of infants, children,
adolescents and young adults, who shall:
a. monitor provider relations with the Oklahoma Health
Care Authority, and
b. create a forum to address grievances;
6. A member who is a member or citizen of a federally
recognized American Indian tribe or nation whose primary tribal
headquarters is located in this state; and
7. A member representing a contracted entity as defined in
Section 4002.2 of Title 56 of the Oklahoma Statutes or a health plan
association representing more than one such contracted entity.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1715
Beginning on January 1, 2022, appointments made to the Advisory
Committee shall be for a duration not to exceed four (4) consecutive
calendar years.
B. The Advisory Committee shall meet bimonthly to review and
make recommendations related to:
1. Policy development and program administration;
2. Policy changes proposed by the Authority prior to
consideration of such changes by the Authority;
3. Financial concerns related to the Authority and the
administration of the programs under the Authority; and
4. Other pertinent information related to the management and
operation of the Authority and the delivery of health and medical
care services.
C. 1. The Administrator of the Authority shall provide such
staff support and independent technical assistance as needed by the
Advisory Committee to enable the Advisory Committee to make
effective recommendations.
2. The Advisory Committee shall elect from among its members a
chair and a vice chair who shall serve one-year terms. A member may
serve more than one but not more than four consecutive one-year
terms as chair or vice chair. A majority of the members of the
Advisory Committee shall constitute a quorum to transact business,
but no vacancy shall impair the right of the remaining members to
exercise all of the powers of the Advisory Committee.
3. Members shall not receive any compensation for their
services but shall be reimbursed pursuant to the provisions of the
State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of
the Oklahoma Statutes.
D. The Authority shall give due consideration to the comments
and recommendations of the Advisory Committee in the Authority’s
deliberations on policies, administration, management and operation
of the Authority.
Added by Laws 1992, c. 291, § 1, eff. Sept. 1, 1992. Amended by
Laws 1996, c. 213, § 1, eff. Nov. 1, 1996. Renumbered from § 187.1
of Title 56 by Laws 1996, c. 213, § 2, eff. Nov. 1, 1996. Amended
by Laws 2006, c. 315, § 17, emerg. eff. June 9, 2006; Laws 2021, c.
576, § 1, eff. Nov. 1, 2021; Laws 2025, c. 213, § 1, eff. Nov. 1,
2025.
§63-5009.3. Repealed by Laws 2001, c. 277, § 14, eff. July 1, 2001.
§63-5009.4. Advisory Task Force on SoonerCare – Duties.
A. The duties of the Advisory Task Force on SoonerCare shall
include:
1. Addressing methods of educating SoonerCare members regarding
access to and proper utilization of emergency medical services
provided by hospitals and other health care providers;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1716
2. Reviewing the eligibility determination process of the
Department of Human Services to ensure accuracy on physician
assignments and adequacy of education regarding availability of and
access to services;
3. Reviewing issues related to notification of participants by
contracting providers as a condition of payment;
4. Actively promoting equitable reimbursement rates for
emergency room screening; and
5. Addressing patient and provider educational endeavors
necessary for expansion of SoonerCare to the Aged, Blind and
Disabled and Title XXI populations.
B. The Task Force shall make recommendations to the Governor,
the President Pro Tempore of the Senate and the Speaker of the House
of Representatives no later than January 31, 2001.
Added by Laws 1999, c. 32, § 2, emerg. eff. April 5, 1999.
§63-5009.5. Repealed by Laws 2022, c. 395, § 27, eff. July 1, 2022.
§63-5009.6. Diabetes self-management training report.
A. The Oklahoma Health Care Authority shall examine the
feasibility of a state plan amendment to the Oklahoma Medicaid
Program for diabetes self-management training (DSMT).
B. By December 1, 2018, the Authority shall submit a report to
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives and the Governor estimating the potential costs to
the state, clinical findings, reviews of pilot projects and research
from other states on the effects of DSMT on persons with a diabetes
diagnosis.
C. Beginning July 1, 2019, and subject to the availability of
funding, the Authority shall draft a state plan amendment for DSMT
for persons with a diabetes diagnosis. The provisions of this
subsection shall only apply if the report required by subsection B
of this section demonstrates DSMT to be evidence-based and essential
to qualifying participants in the Oklahoma Medicaid Program.
D. As used in this section, "diabetes self-management training
(DSMT)" means the process of facilitating the knowledge, skill and
ability necessary for diabetes self-care. This process requires
incorporating the patient's unique needs and experiences into an
individualized education and support plan that promotes new
behaviors and solutions, including, but not limited to, healthy
eating, physical activity, self-monitoring and medication use.
Added by Laws 2018, c. 34, § 1, eff. Nov. 1, 2018.
§63-5009.7. Food is Medicine programs – Federal approval – Covered
services.
A. The Oklahoma Health Care Authority shall seek any necessary
federal approval to provide coverage for nutrition supports under
Oklahoma Statutes - Title 63. Public Health and Safety Page 1717
the state Medicaid program for the purpose of implementing Food is
Medicine programs as provided by this section.
B. Food is Medicine programs shall be designed to improve
health outcomes for Medicaid members with nutrition-related chronic
diseases through nutrition services and to reduce the need for
medical care.
C. Nutrition services covered under the state Medicaid program
may include, but are not limited to:
1. Case management;
2. Nutrition counseling;
3. Meals or pantry stocking;
4. Nutrition prescriptions; and
5. Grocery provisions.
D. Wherever feasible, the Authority and contracted entities
under the state Medicaid program shall prioritize the inclusion of
community-based organizations and local growers to support the
purchase of locally grown food in nutrition prescriptions.
Added by Laws 2025, c. 106, § 2, eff. July 1, 2025.
§63-5010. Analysis of state health care programs - Exploration of
cost containment and delivery alternatives.
A. The Oklahoma Health Care Authority shall analyze the state-
purchased and state-subsidized health care programs and explore
options for cost containment and delivery alternatives for those
programs that are consistent with the purposes of those programs,
including, but not limited to:
1. Creation of economic incentives for the persons for whom the
state purchases or subsidizes health care to appropriately utilize
and purchase health care services, including the development of
flexible benefit plans to offset increases in individual financial
responsibility;
2. Utilization of provider arrangements that encourage cost
containment and ensure access to quality care, including, but not
limited to, prepaid delivery systems, utilization review, and
prospective payment methods;
3. Coordination of state agency efforts to purchase drugs
effectively;
4. Development of recommendations and methods for purchasing
medical equipment and supporting services on a volume discount
basis; and
5. Development of data systems to obtain utilization data from
state-purchased and state-subsidized health care programs in order
to identify cost centers, utilization patterns, provider and
hospital practice patterns, and procedure costs.
B. 1. The Authority shall prepare for the Governor, the
Legislature and the Joint Legislative Oversight Committee for the
Oklahoma Health Care Authority an annual report on the savings
Oklahoma Statutes - Title 63. Public Health and Safety Page 1718
realized and all costs incurred in the implementation of any drug
cost containment programs including, but not limited to:
a. development and implementation of a drug prior
authorization list, and
b. other uses of prior authorizations.
2. Costs shall include direct costs such as staffing, contracts
and other resources used.
Added by Laws 1993, c. 332, § 8. Amended by Laws 2004, c. 218, § 1,
eff. Nov. 1, 2004.
§63-5011. Repealed by Laws 2022, c. 395, § 27, eff. July 1, 2022.
§63-5011.1. State-purchased health care benefits – Optometrists to
be permitted to provide vision care or medical diagnosis and
treatment of the eye.
A. All state-purchased and state-subsidized health care benefit
plans, including but not limited to Medicaid, which offer services
for vision care or medical diagnosis and treatment for the eye shall
allow optometrists to be providers of those services. Such state-
purchased and state-subsidized health care benefit plans shall also
require equal payment for the same services provided by an
optometrist if the services are within the scope of practice of
optometry.
B. With respect to optometric services, any state-purchased and
state-subsidized health care benefit plan, including but not limited
to Medicaid, which uses a gatekeeper or equivalent for referrals for
services for vision care or for medical diagnosis and treatment of
the eye, shall require such covered services be provided on a
referral basis within the medical group or network at the request of
an enrollee who has a condition requiring vision care or medical
diagnosis and treatment of the eye if:
1. A referral is necessitated in the judgment of the primary
care physician; and
2. Treatment for the condition falls within the licensed scope
of practice of an optometrist.
C. All state-purchased and state-subsidized health care benefit
plans shall have a defined set of standards and procedures for
selecting providers, including specialists, to serve enrollees. The
standards and procedures shall be drafted in such a manner that they
are applicable to all categories of providers and shall be utilized
by the health plan in a manner that is without bias for or
discrimination against a particular category or categories of
providers.
D. No health care benefit plan specified by this section shall
require a provider to have hospital privileges if hospital
privileges are not usual and customary for the services the provider
provides.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1719
E. Nothing in this section shall be construed to:
1. Prohibit any state-purchased and state-subsidized health
care benefit plan which offers services for vision care or medical
diagnosis and treatment for the eye from determining the adequacy of
the size of its network;
2. Prohibit an optometrist from agreeing to a fee schedule;
3. Limit, expand, or otherwise affect the scope of practice of
optometry; or
4. Alter, repeal, modify or affect the laws of this state
except where such laws are in conflict or are inconsistent with the
express provisions of this section.
F. Existing state-purchased and state-subsidized health care
benefit plans shall comply with the requirements of this section
upon issuance or renewal on or after the effective date of this act.
Added by Laws 2000, c. 54, § 3, eff. Nov. 1, 2000.
§63-5012. Submission of plans, proposals and recommendations to
Legislature - Contents.
On or before January 1, 1996, the Authority shall submit plans,
recommendations and proposals to the Governor and the Legislature
regarding state-purchased and state subsidized health care. Said
plans, proposals and recommendations shall include, but not be
limited to:
1. A plan for local and regional health planning for health
care delivery;
2. A proposal for the containment of health care costs;
3. In collaboration with the Oklahoma State Regents, a proposal
for enhancing the number of primary care physicians and physician
extenders graduating from schools in Oklahoma and remaining to
practice within the state. The plan shall include recommendations
for improving access to basic health care through more effective
utilization of allied health care professionals and appropriate
geographic distribution of physicians and other health care
professionals;
4. A plan for facilitating the use of practice parameters based
upon outcomes research;
5. A proposal for the utilization of Resource Based-Relative
Value System for use as a rate schedule by third-party payors and
health care providers; and
6. A plan to reduce liability exposure and expense for all
health care providers.
Added by Laws 1993, c. 332, § 10.
§63-5013. Authority as resource for information on state health
care access, cost containment and related health issues.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1720
A. The Authority shall serve as a resource for information on
state-purchased and state-subsidized health care access, cost
containment and related health issues, and shall:
1. Provide data and information required by the Governor, the
Legislature, or its committees, and to state agencies, institutions
of higher education and cities, towns, counties and school districts
and to private citizens and groups, within the limitations of the
resources available to the Authority;
2. Participate with any state agency or institution of higher
education in developing specific goals, programs, and performance
monitoring systems to assist in the development of health care
delivery in this state;
3. Conduct or contract for studies which are related to health
care delivery, involving product or process innovation; and
4. Prepare, publish and distribute such studies, reports,
bulletins and other materials as it considers appropriate regarding
health care studies and other relevant health care topics. Provided
that a copy of any material which evaluates health plans or health
care providers shall be provided to the Governor, the Speaker of the
House of Representatives and the President Pro Tempore of the Senate
at least sixty (60) days prior to public dissemination.
Added by Laws 1993, c. 332, § 11. Amended by Laws 1996, c. 355, §
1, eff. July 1, 1996.
§63-5013.1. Persons providing Medicaid home- and community-based
personal care services pursuant to contract with Authority.
A. An individual who only provides Medicaid home- and
community-based personal care services, pursuant to a contract with
the Oklahoma Health Care Authority, shall be exempt from the
provisions of the Home Care Act, Section 1-1960 et seq. of Title 63
of the Oklahoma Statutes.
B. The Authority, with the assistance of the Aging Services
Division of the Department of Human Services, shall develop
qualifying criteria that comply with federal standards for personal
care services under the Medicaid program for persons providing
Medicaid home- and community-based personal care services pursuant
to a contract with the Oklahoma Health Care Authority. Such
criteria shall also include requirements for a criminal history
investigation to be conducted on such persons pursuant to Section 1-
1950.1 of Title 63 of the Oklahoma Statutes.
Added by Laws 1997, c. 219, § 3, emerg. eff. May 19, 1997.
§63-5013.2. Program to recognize family caregivers — Providing
services to Medicaid members through a licensed home care agency —
Requirements.
A. As used in this section:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1721
1. “Family member” means a child, parent, parent-in-law,
sibling, grandparent, grandchild, spouse, or any other individual
related by blood, and any other individual with a close association
that is the equivalent of a family relationship; and
2. “Home care agency” and “skilled care” have the same meanings
as provided by Section 1-1961 of Title 63 of the Oklahoma Statutes.
B. Not later than one year after the effective date of this act
and subject to receipt of federal approval for the program, the
Oklahoma Health Care Authority shall establish a program under which
a family member of a Medicaid member may be recognized as a family
caregiver and, after receiving such recognition, may, under the
direction and supervision of a Registered Nurse, provide services to
the Medicaid member through a licensed home care agency under the
reimbursement rates established under subsection F of this section,
provided that the Medicaid member is:
1. Under the age of twenty-one (21) years; and
2. Approved to receive private duty nursing services, or paid
family caregiver benefits in lieu of private duty nursing services.
C. 1. The program established under this section shall require
the family caregiver to fulfill such requirements or meet such
qualifications as may be prescribed by the Oklahoma Health Care
Authority Board. Such requirements shall include, but not be
limited to, completion of a criminal history background check.
2. The Board may prescribe standards for training, competency
evaluation, and such other requirements or qualification criteria as
the Board deems necessary and appropriate.
D. The Board shall establish scope of practice standards and
restrictions for services that a recognized family caregiver may
provide to a Medicaid enrollee. The scope of practice may include
necessary and appropriate skilled care tasks. In establishing such
standards and restrictions, the Board shall consider the advice of
the State Department of Health.
E. It shall be the duty of the home care agency to ensure that
a recognized family caregiver meets the qualifications and
requirements prescribed by this section and rules promulgated by the
Board.
F. Reimbursable services provided by a recognized family
caregiver under the program established under this section shall be
reimbursed to a home care agency at a rate established by the
Authority.
G. 1. The Board shall promulgate rules as necessary to
implement this section.
2. The Administrator of the Authority shall apply for such
state plan amendments or waivers as may be necessary to implement
this section and to secure federal financial participation for state
Medicaid expenditures under the federal Medicaid program.
Added by Laws 2025, c. 153, § 1, eff. July 1, 2025.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1722
§63-5014. Repealed by Laws 2004, c. 378, § 5, emerg. eff. June 3,
2004.
§63-5015. Review of state-purchased and state-subsidized health
care programs and regulatory agencies - Report to Legislature.
The Oklahoma Health Care Authority shall review state-purchased
and state-subsidized health care programs and health care regulatory
agencies, including, but not limited to, medical services within the
Department of Mental Health and Substance Abuse Services, the
Department of Veterans Affairs, the Department of Human Services,
the State Department of Health, the Oklahoma Medical Center, the
State Education and Employees Group Insurance Board, and any other
state-purchased and state-subsidized health care programs as deemed
appropriate by the administrator, and submit to the Legislature, no
later than December 1, 1995, an initial report including, but not
limited to:
1. A description of the respective roles of these programs and
agencies regarding health care cost containment;
2. A plan to increase the combined efficiency of these programs
and agencies to control costs and maintain or improve access to
quality care;
3. Methods to ensure coordination between these programs and
agencies and the Authority;
4. An analysis of the real and potential impacts of cost
shifting; and
5. Recommendations regarding structural changes in the state's
current health care delivery system.
Added by Laws 1993, c. 332, § 13. Amended by Laws 1997, c. 109, §
3, eff. Nov. 1, 1997.
§63-5015.1. Legal division or unit.
A. The Oklahoma Health Care Authority Board shall establish a
legal division or unit in the Oklahoma Health Care Authority. The
Administrator of the Oklahoma Health Care Authority may employ
attorneys as needed, which may be on full-time and part-time basis.
Provided the Oklahoma Health Care Authority shall not exceed the
authorized full-time equivalent limit for attorneys as specified by
the Legislature in the appropriations bill for the Authority.
Except as otherwise provided by this section, such attorneys, in
addition to advising the Board, Administrator and Authority
personnel on legal matters, may appear for and represent the Board,
Administrator and Authority in legal actions and proceedings.
B. The Legislature shall establish full-time-equivalent limits
for attorneys employed by the Oklahoma Health Care Authority.
C. It shall continue to be the duty of the Attorney General to
give official opinions to the Board, Administrator and Authority,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1723
and to prosecute and defend actions therefor, if requested to do so.
The Attorney General may levy and collect costs, expenses of
litigation and a reasonable attorney fee for such legal services
from the Authority. The Attorney General is authorized to levy and
collect costs, expenses and fees which exceed the costs associated
with the salary and benefits of one attorney FTE position per fiscal
year.
D. The Board, Administrator or Authority shall not contract for
representation by private legal counsel unless approved by the
Attorney General. Such contract for private legal counsel shall be
in the best interests of the state.
E. 1. The Attorney General shall be notified by the Board or
its counsel of all lawsuits against the Authority, its officers or
employees that seek injunctive relief which would impose obligations
requiring the expenditure of funds in excess of unencumbered monies
in the agency's appropriations or beyond the current fiscal year.
2. The Attorney General shall review any such cases and may
represent the interests of the state, if the Attorney General
considers it to be in the best interest of the state to do so, in
which case the Attorney General shall be paid as provided in
subsection C of this section. Representation of multiple defendants
in such actions may, at the discretion of the Attorney General, be
divided with counsel for the Board, Administrator and Authority as
necessary to avoid conflicts of interest.
Added by Laws 1995, c. 95, § 1, emerg. eff. April 13, 1995.
§63-5016. Oklahoma Health Care Authority Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Health Care Authority to be designated the
"Oklahoma Health Care 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 Authority, from any source.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Authority for
any purpose authorized by law. Expenditures from said 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 1993, c. 332, § 14. Amended by Laws 2012, c. 304, §
523.
§63-5017. Oklahoma Health Care Authority Federal Disallowance Fund.
There is hereby created in the State Treasury a fund for the
Oklahoma Health Care Authority to be designated the "Oklahoma Health
Care Authority Federal Disallowance Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations. It shall
consist of monies received by the Oklahoma Health Care Authority
Oklahoma Statutes - Title 63. Public Health and Safety Page 1724
which, in the opinion of the Oklahoma Health Care Authority Board,
may be subject to federal disallowances and interest which may
accrue on said receipts. All monies accruing to the credit of said
fund are hereby appropriated and may be budgeted and expended by the
Oklahoma Health Care Authority at the discretion of the Oklahoma
Health Care Authority Board for eventual settlement of the
appropriate pending disallowances. Expenditures from said 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.
The Administrator of the Oklahoma Health Care Authority may
request the Director of the Office of Management and Enterprise
Services to transfer monies between the Oklahoma Health Care
Authority Federal Disallowance Fund and any other fund of the
authority, as needed for the expenditure of funds.
Added by Laws 1995, c. 96, § 1, eff. July 1, 1995. Amended by Laws
2012, c. 304, § 524.
§63-5018. Confidentiality of Medicaid applications and records -
Disclosure to authorized representative.
All applications and records concerning any applicant or
recipient under the Medicaid Program shall be confidential and shall
be open to inspection only to persons duly authorized by the
Oklahoma Health Care Authority, this state, or the United States,
and for purposes directly related to plan administration. Provided,
however, the Oklahoma Health Care Authority shall maintain a process
to allow an authorized representative of a client of the State
Medicaid Program to have access to confidential information when
necessary for eligibility determination and the appeals process.
For purposes of this section, "authorized representative" shall mean
any person designated by a client of the State Medicaid Program to
review confidential information about the client pertinent to
eligibility determination and the appeals process. For purposes of
this section, "purposes directly related to plan administration"
means establishing eligibility, determining the amount of medical
assistance, providing services to recipients, conducting or
assisting with an investigation or prosecution, or civil or criminal
proceedings in relation to the administration of the State Medicaid
Program.
Applications and records considered confidential are those which
disclose:
1. The name and address of the recipient;
2. The medical services provided;
3. The recipient's social and economic circumstances;
4. The agency's evaluation of personal information;
5. The medical data which includes but is not limited to
diagnosis and past history of disease and disability; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1725
6. Any information received for the purpose of verifying income
eligibility and determining the amount of medical assistance
payments.
Added by Laws 1995, c. 170, § 3, emerg. eff. May 8, 1995.
§63-5018.1. Concurrent applications by active duty military
members.
If a person who is on active duty with the United States
Armed Forces makes an application to the Oklahoma
Health Care Authority to receive any type of benefits,
either for himself or herself or for an immediate family
member, and the person has previously made the same or
a substantially similar application in another state which
was pending at the time the person became a resident of
this state, the Authority shall consider the application as if
it had been made in this state at the time it was originally
made in the other state.
Added by Laws 2015, c. 66, § 2, eff. Nov 1, 2015.
§63-5019. Repealed by Laws 2004, c. 378, § 5, emerg. eff. June 3,
2004.
§63-5020. Oklahoma Health Care Authority Medicaid Program Fund.
There is hereby created in the State Treasury a fund for the
Oklahoma Health Care Authority to be designated the "Oklahoma Health
Care Authority Medicaid Program Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Oklahoma Health Care Authority at
the discretion of the Oklahoma Health Care Authority Board.
Expenditures from said 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.
The Administrator of the Oklahoma Health Care Authority may
request the Director of the Office of Management and Enterprise
Services to transfer monies between the Oklahoma Health Care
Oklahoma Statutes - Title 63. Public Health and Safety Page 1726
Authority Medicaid Program Fund and any other fund of the Authority,
as needed for the expenditure of funds.
Added by Laws 1995, c. 306, § 6, eff. July 1, 1995. Amended by Laws
2012, c. 304, § 525.
§63-5020A. Rate Preservation Fund.
A. There is hereby created in the State Treasury a fund for the
Oklahoma Health Care Authority to be designated the "Rate
Preservation Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of monies
designated to the fund by law. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Authority for the purposes described in subsection B of this
section. 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. The Administrator of the
Authority may request the Director of the Office of Management and
Enterprise Services to transfer monies between the Rate Preservation
Fund and any other fund of the Authority as needed for the
expenditure of funds.
B. The Oklahoma Health Care Authority is authorized to budget
and expend monies from the Rate Preservation Fund as follows:
1. For maintaining reimbursement rates to providers in the
event of a decrease in the state's Federal Medical Assistance
Percentage rate; and
2. Subject to the approval of the Director of the Office of
Management and Enterprise Services, the Oklahoma Health Care
Authority may transfer up to one-third (1/3) of the balance of the
Rate Preservation Fund in any given state fiscal year to other funds
of the Authority to meet cash flow needs of the state's Medicaid
program, so long as the monies are transferred back to the Rate
Preservation Fund prior to the end of the state fiscal year in which
they were originally transferred.
Added by Laws 2019, c. 447, § 1, emerg. eff. May 24, 2019. Amended
by Laws 2020, c. 13, § 1; Laws 2025, c. 468, § 1, emerg. eff. May
29, 2025.
§63-5021. Repealed by Laws 2004, c. 378, § 5, emerg. eff. June 3,
2004.
§63-5022. Repealed by Laws 2017, c. 324, § 3, emerg. eff. July 1,
2017.
§63-5022.1. Repealed by Laws 2017, c. 324, § 3, emerg. eff. July 1,
2017.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1727
§63-5022.2. Nursing facilities liability insurance costs – Medicaid
reimbursement.
The Oklahoma Health Care Authority shall promulgate rules which
shall provide that the liability insurance costs of nursing
facilities shall be allowable costs for purposes of Medicaid
reimbursement.
Added by Laws 2000, c. 340, § 6, eff. July 1, 2000.
§63-5023. Adjustment of per diem rate – Medicaid savings.
Effective January 1, 2000, and every January thereafter, the
Oklahoma Health Care Authority will adjust the nursing facility per
diem rate in an amount equal to the total amount of the savings to
the Medicaid program as a result of the automatic cost-of-living
adjustment on Social Security benefits received by nursing home
recipients, as published in the Federal Register.
Added by Laws 1999, c. 348, § 3, eff. July 1, 1999.
§63-5024. Incorporated physician providers – Income deferral
programs.
A. 1. Effective July 1, 2001, the Oklahoma Health Care
Authority is authorized to offer to eligible contracted incorporated
physician providers, elective income deferral programs which can
result in federal income tax advantages and other advantages to such
providers and their employees. These deferral programs shall take
into account present and future provisions of the United States
Internal Revenue Code which now or in the future might have the
beneficial effect of magnifying the after-tax value payments made by
the state to incorporated physician providers.
2. The Oklahoma Health Care Authority may adopt a plan that
provides for the investment of deferral amounts in life insurance or
annuity contracts which offer a choice of underlying investment
options. Contract-issuing companies shall be limited to companies
that are licensed to do business in this state.
3. As a condition of participation in these income deferral
programs, all participating incorporated physician providers shall
be subject to provisions for forfeiture of benefits for failure to
maintain in force a Medicaid provider agreement and to furnish
services to Medicaid recipients for a specified duration.
B. The Oklahoma Health Care Authority may consult with the
State Treasurer and the Attorney General of the state for advice in
establishing the program.
C. The Oklahoma Health Care Authority Board shall have the
authority to promulgate rules regarding the operation of the
program.
Added by Laws 2001, c. 147, § 2, emerg. eff. April 30, 2001.
Amended by Laws 2001, c. 317, § 6, emerg. eff. June 1, 2001; Laws
2002, c. 122, § 1.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1728
§63-5025. Reimbursement methodology - Established.
The Oklahoma Health Care Authority may establish, with available
funds, a reimbursement methodology that will enhance the
reimbursement for services provided to Medicaid beneficiaries in
emergency hospitals in rural areas of the state.
Added by Laws 2001, c. 317, § 2, eff. Nov. 1, 2001.
§63-5026. Medicaid prescription drug program – Definition of
phenylketonuria.
A. The Oklahoma Health Care Authority Board shall, in
administering the Medicaid prescription drug program, utilize the
following definition for "phenylketonuria" to mean: An inborn error
of metabolism attributable to a deficiency of or a defect in
phenylalanine hydroxylase, the enzyme that catalyzes the conversion
of phenylalanine to tyrosine. The deficiency permits the
accumulation of phenylalanine and its metabolic products in the body
fluids. The deficiency can result in intellectual disabilities
(phenylpyruvic oligophrenia), neurologic manifestations (including
hyperkinesia, epilepsy, and microcephaly), light pigmentation, and
eczema. The disorder is transmitted as an autosomal recessive trait
and can be treated by administration of a diet low in phenylalanine.
B. The Oklahoma Health Care Authority Board shall promulgate
any rules necessary to effectuate the provisions of this section.
Added by Laws 2005, c. 452, § 2, eff. Nov. 1, 2005. Amended by Laws
2019, c. 475, § 58, eff. Nov. 1, 2019.
§63-5026.1. Annual review of all medications and forms of treatment
for sickle cell disease.
A. The Oklahoma Health Care Authority shall conduct an annual
review of all medications and forms of treatment for sickle cell
disease and services for enrollees with a diagnosis of sickle cell
disease. The purpose of the annual review is to determine if the
available covered medications, treatments, and services are adequate
to meet the needs of enrollees with a diagnosis of sickle cell
disease, and whether the Authority should seek to add or recommend
additional medications, treatments, or services.
B. The review shall include, but not be limited to:
1. The extent to which healthcare transitional programs covered
under the state Medicaid program prepare, transfer, and integrate
emerging adults into the adult care setting from a pediatric
setting;
2. The extent to which emergency department providers are
adequately trained and otherwise prepared to treat and manage sickle
cell patients presenting with vaso-occlusive crises including but
not limited to the extent to which providers follow clinically
Oklahoma Statutes - Title 63. Public Health and Safety Page 1729
validated algorithms and protocols regarding such treatment and
management;
3. The extent to which sickle cell patients covered under the
state Medicaid program are entitled to receive the same standard of
care when referred or transferred to an out-of-state facility, and
the extent to which the state reimburses such patients for
reasonable interstate travel costs; and
4. Any additional areas identified by the Authority that impact
the care and treatment of individuals in this state living with
sickle cell disease or sickle cell trait.
C. When conducting the annual review required by this section,
the Authority shall solicit and consider input from the general
public, with specific emphasis on seeking input from persons or
groups with knowledge and experience in the area of sickle cell
disease treatment.
D. To the extent practicable, the Authority shall utilize the
Oklahoma State Health Information Network and Exchange created under
Section 1-133 of Title 63 of the Oklahoma Statutes to collect
information for the purpose of implementing this section.
E. On or before January 15, 2023, and on or before January 15
each year thereafter, the Authority shall submit a report to the
President Pro Tempore of the Senate and the Speaker of the House of
Representatives for distribution to the appropriate subject matter
committees that details the Authority's findings from the annual
review required by this section and any recommendations to the
Legislature based upon those findings. The Authority shall publish
the annual report required by this subsection to its website in a
manner accessible by the general public.
Added by Laws 2022, c. 162, § 1, eff. Nov. 1, 2022.
§63-5027. Health care district.
A. As used in this section “health care district” means a
subordinate health care entity that better promotes efficient
administration of health care service delivery for counties with a
population of one hundred thousand (100,000) or less to eligible
persons in this state.
B. A locally designated health care district shall:
1. Coordinate the delivery of health care services in local
jurisdictions such as municipalities and counties; provided,
however, jurisdictions containing multiple areas shall be contiguous
and shall possess commonality as it relates to need;
2. Be authorized to adjust Medicaid provider rates above the
state minimum established by the Oklahoma Health Care Authority;
3. Be authorized to contract with employer-sponsored health
plans or private health plans to provide services to Medicaid and
indigent beneficiaries; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1730
4. Be authorized to expand health care services or health care
providers within health care districts.
C. Health care districts may be established by local
communities wherein locally generated tax dollars are received for
the benefit of local hospitals or other local health care services.
The districts shall have the same boundaries as the area over which
the locally assessed tax is levied.
D. Health care districts may be established by the governing
boards of the hospitals located within the area over which the
locally assessed tax for the benefit of the local hospital or other
local health care service is levied. The governing board of the
hospital shall be the governing board of the local health care
district.
E. 1. Each health care district may certify to the Oklahoma
Health Care Authority the amount of funds generated by tax
assessment within the health care district for the benefit of the
local hospital or other local health care services.
2. The Authority shall submit such information to the Centers
for Medicare and Medicaid Services (CMS) for the purpose of applying
for federal matching funds. The Authority shall submit any
necessary applications for waivers to accomplish the provisions of
this act.
F. The Oklahoma Health Care Authority Board is hereby directed
to promulgate rules to enact the provisions of this section. The
rules shall, at a minimum, address:
1. Internal establishment of local health care district
accounts within the Authority including, but not limited to,
procedures for remitting funds out of such accounts back to the
local health care district; and
2. Methods for certifying funds for each local health care
district and for reporting such amounts to the Centers for Medicare
and Medicaid Services for federal matching purposes. The revenue
for each health care district account shall consist of federal
matching dollars received for such certified funds.
The Oklahoma Health Care Authority shall apply for federal
matching funds based on the amount of funds certified by the local
health care district for such purposes. The Authority shall not
reduce the amount of disbursements otherwise due to a health care
district based on the health care district’s receipt of the local
area dedicated monies and any attributable federal matching funds;
and
3. Procedures for continuing the Authority’s claims payment
function, pursuant to a draw-down process for funds, for each
Medicaid service within the local health care district.
Added by Laws 2007, c. 168, § 2, eff. Nov. 1, 2007.
§63-5028. Repealed by Laws 2022, c. 395, § 27, eff. July 1, 2022.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1731
§63-5028.1. Request for information for care coordination models
for newborns through children 18 years of age.
A. The Oklahoma Health Care Authority, with assistance from the
Department of Human Services and the Department of Mental Health and
Substance Abuse Services, shall initiate a request for information
for care coordination models for newborns through children eighteen
(18) years of age in the custody of the Department of Human
Services.
B. Any request for information shall require consideration of
and incorporate efforts to continue the implementation of relevant
initiatives as provided by the Master Settlement Agreement
("Pinnacle Plan") and administered by the Department of Human
Services.
C. The Oklahoma Health Care Authority, with assistance from the
Department of Human Services and the Department of Mental Health and
Substance Abuse Services, shall provide a summary of the request for
information responses to the President Pro Tempore of the Oklahoma
State Senate, the Speaker of the Oklahoma House of Representatives
and the Governor on or before January 1, 2018.
D. The Oklahoma Health Care Authority Board shall promulgate
rules to implement the provisions of this section.
Added by Laws 2017, c. 208, § 1, eff. Nov. 1, 2017.
§63-5029. Mailing information to victims of domestic violence.
A. The Oklahoma Health Care Authority shall coordinate
with domestic violence sexual assault programs certified
by the Office of the Attorney General who provide
counseling services for victims of domestic violence to
ensure that any information relating to billing or
explanation of benefits (EOB) provided, maintained,
monitored or otherwise handled by the Authority or any
other state agency including, but not limited to, services
rendered by such facilities, is not sent by paper mail to the
actual physical address of persons receiving such services.
B. The Oklahoma Health Care Authority Board shall promulgate
rules to implement the provisions of this act.
Added by Laws 2015, c. 324, § 1, eff. Nov. 1, 2015.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1732
NOTE: Editorially renumbered from § 5028 of this title to avoid
duplication in numbering.
§63-5029.1. Medicaid reimbursement for accredited birthing centers.
A. As used in this section, “birthing center” has the same
meaning as provided by Section 1-701 of Title 63 of the Oklahoma
Statutes.
B. The Oklahoma Health Care Authority shall seek federal
approval to allow a birthing center that is not licensed by the
state but has been accredited as a freestanding birth center by the
Commission for the Accreditation of Birth Centers to receive
reimbursement under the state Medicaid program for services
provided.
Added by Laws 2024, c. 132, § 5, eff. Nov. 1, 2024.
§63-5030.1. Medicaid Drug Utilization Review Board.
A. There is hereby created within the Oklahoma Health Care
Authority the Medicaid Drug Utilization Review Board, which shall be
responsible for the development, implementation and assessment of
retrospective and prospective drug utilization programs under the
direction of the Authority.
B. The Medicaid Drug Utilization Review Board shall consist of
ten (10) members appointed by the administrator of the Authority as
follows:
1. Four physicians, licensed and actively engaged in the
practice of medicine or osteopathic medicine in this state, of
which:
a. three shall be physicians chosen from a list of not
less than six names submitted by the Oklahoma State
Medical Association, and
b. one shall be a physician chosen from a list of not
less than two names submitted by the Oklahoma
Osteopathic Association;
2. Four licensed pharmacists actively engaged in the practice
of pharmacy, chosen from a list of not less than six names submitted
by the Oklahoma Pharmaceutical Association;
3. One person representing the lay community, who shall not be
a physician or a pharmacist, but shall be a health care professional
with recognized knowledge and expertise in at least one of the
following:
a. clinically appropriate prescribing of covered
outpatient drugs,
b. clinically appropriate dispensing and monitoring of
covered outpatient drugs,
c. drug use review, evaluation and intervention, and
d. medical quality assurance; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1733
4. One person representing the pharmaceutical industry who is a
resident of the State of Oklahoma, chosen from a list of not less
than two names submitted by the Pharmaceutical Research and
Manufacturers of America. The member representing the
pharmaceutical industry shall be prohibited from voting on action
items involving drugs or classes of drugs.
C. Members shall serve terms of three (3) years, except that
one physician, one pharmacist and the lay representative shall each
be initially appointed for two-year terms in order to stagger the
terms. In making the appointments, the administrator shall provide,
to the extent possible, for geographic balance in the representation
on the Medicaid Drug Utilization Review Board. Members may be
reappointed for a period not to exceed three three-year terms and
one partial term. Vacancies on the Medicaid Drug Utilization Review
Board shall be filled for the balance of the unexpired term from new
lists submitted by the entity originally submitting the list for the
position vacated.
D. The Medicaid Drug Utilization Review Board shall elect from
among its members a chair and a vice-chair who shall serve one-year
terms, provided they may succeed themselves.
E. The proceedings of all meetings of the Medicaid Drug
Utilization Review Board shall comply with the provisions of the
Oklahoma Open Meeting Act and shall be subject to the provisions of
the Administrative Procedures Act.
F. The Medicaid Drug Utilization Review Board may advise and
make recommendations to the Authority regarding existing, proposed
and emergency rules governing retrospective and prospective drug
utilization programs. The Oklahoma Health Care Authority Board
shall promulgate rules pursuant to the provisions of the
Administrative Procedures Act for implementation of the provisions
of this section.
Added by Laws 1995, c. 161, § 2, emerg. eff. May 2, 1995. Amended
by Laws 1996, c. 221, § 4, eff. Nov. 1, 1996. Renumbered from §
504.1 of Title 56 by Laws 1996, c. 221, § 7, eff. Nov. 1, 1996.
Amended by Laws 1999, c. 201, § 1, eff. July 1, 1999; Laws 2006, c.
92, § 1, eff. Nov. 1, 2006.
§63-5030.2. Definitions.
As used in Sections 1 through 5 of this act:
1. “Compendia” means the “American Hospital Formulary Services
Drug Information”, “U.S. Pharmacopoeia Drug Information”, peer-
reviewed medical literature, other information provided by
individuals involved in health care, and information as needed by
the Medicaid Drug Utilization Review Board;
2. “Criteria” means those explicit and predetermined elements
that are used to assess or measure drug use on an ongoing basis to
Oklahoma Statutes - Title 63. Public Health and Safety Page 1734
determine if the use is appropriate, medically necessary, and not
likely to result in adverse medical outcomes;
3. “Authority” means the Oklahoma Health Care Authority;
4. “Drug-disease contraindication” means the possibility that
the therapeutic effect of a drug would be adversely altered by the
presence of another disease or condition;
5. “Drug interactions” means the possibility that two or more
drugs taken by a patient may lead to clinically significant toxicity
that is uncharacteristic of any one of the drugs present or that the
taking of which leads to interference with the effectiveness of one
or any of the drugs;
6. “Drug to drug interaction” means a clinically significant
adverse medical effect that results from the use of two or more
drugs together;
7. “Drug Utilization Review” or “DUR” means both retrospective
and prospective drug utilization review designed to educate
physicians and pharmacists and thereby ensure that prescriptions are
appropriate, medically necessary and not likely to have adverse
medical results;
8. “Overutilization” or “underutilization” means the use of a
drug in such quantities that the desired therapeutic goal is not
achieved;
9. “Prospective drug utilization review” means the part of a
drug utilization review program that occurs before a drug is
dispensed, and that is designed to screen, based on explicit and
predetermined criteria and standards, for potential drug therapy
problems, including, but not limited to:
a. therapeutic duplication,
b. drug-disease contraindications,
c. incorrect drug dosage or duration of drug treatment,
d. drug allergy interactions, and
e. clinical abuse or misuse; and
10. “Retrospective drug utilization review” means the part of
the drug utilization review program that assesses or measures drug
use based on an historical review of drug use data against
predetermined and explicit criteria and standards on an ongoing
basis with professional input. Retrospective drug utilization
review includes the periodic examination of Medicaid drug pharmacy
claims data and other information sources to identify the frequency
of patterns of fraud, abuse, gross overuse, or inappropriate or
medically unnecessary care:
a. among physicians, pharmacists, and patients, or
b. associated with specific drugs.
Added by Laws 1999, c. 201, § 2, eff. July 1, 1999.
§63-5030.3. Powers and duties of board.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1735
A. The Medicaid Drug Utilization Review Board shall have the
power and duty to:
1. Advise and make recommendations regarding rules promulgated
by the Oklahoma Health Care Authority Board to implement the
provisions of this act;
2. Oversee the development, implementation and assessment of a
Medicaid retrospective and prospective drug utilization review
program, including making recommendations regarding contractual
agreements of the Oklahoma Health Care Authority with any entity
involved in processing and reviewing Medicaid drug profiles for the
drug utilization review program in accordance with the provisions of
this act;
3. Develop and apply the criteria and standards to be used in
retrospective and prospective drug utilization review. The criteria
and standards shall be based on the compendia and federal Food and
Drug Act approved labeling, and shall be developed with professional
input;
4. Provide a period for public comment on each meeting agenda.
As necessary, the Medicaid Drug Utilization Review Board may include
a public hearing as part of a meeting agenda to solicit public
comment regarding proposed changes in the prior authorization
program and the retrospective and prospective drug utilization
review processes. Notice of proposed changes to the prior
authorization status of a drug or drugs shall be included in the
monthly meeting agenda at least thirty (30) days prior to the
consideration or recommendation of any proposed changes in prior
authorization by the Medicaid Drug Utilization Review Board;
5. Establish provisions to timely reassess and, as necessary,
revise the retrospective and prospective drug utilization review
process;
6. Make recommendations regarding the prior authorization of
prescription drugs pursuant to the provisions of Section 5 of this
act; and
7. Provide members of the provider community with educational
opportunities related to the clinical appropriateness of
prescription drugs.
B. Any party aggrieved by a decision of the Oklahoma Health
Care Authority Board or the Administrator of the Oklahoma Health
Care Authority, pursuant to a recommendation of the Medicaid Drug
Utilization Review Board, shall be entitled to an administrative
hearing before the Oklahoma Health Care Authority Board pursuant to
the provisions of the Administrative Procedures Act.
Added by Laws 1999, c. 201, § 3, eff. July 1, 1999.
§63-5030.4. Drug utilization review program.
1. The Medicaid Drug Utilization Review Board shall develop and
recommend to the Oklahoma Health Care Authority Board a
Oklahoma Statutes - Title 63. Public Health and Safety Page 1736
retrospective and prospective drug utilization review program for
medical outpatient drugs to ensure that prescriptions are
appropriate, medically necessary, and not likely to result in
adverse medical outcomes.
2. The retrospective and prospective drug utilization review
program shall be operated under guidelines established by the
Medicaid Drug Utilization Review Board as follows:
a. The retrospective drug utilization review program
shall be based on guidelines established by the
Medicaid Drug Utilization Review Board using the
mechanized drug claims processing and information
retrieval system to analyze claims data in order to:
(1) identify patterns of fraud, abuse, gross overuse
or underuse, and inappropriate or medically
unnecessary care,
(2) assess data on drug use against explicit
predetermined standards that are based on the
compendia and other sources for the purpose of
monitoring:
(a) therapeutic appropriateness,
(b) overutilization or underutilization,
(c) appropriate use of generic drugs,
(d) therapeutic duplication,
(e) drug-disease contraindications
(f) drug-drug interactions,
(g) incorrect drug dosage,
(h) duration of drug treatment, and
(i) clinical abuse or misuse, and
(3) introduce remedial strategies in order to improve
the quality of care and to conserve program funds
or personal expenditures.
b. (1) The prospective drug utilization review program
shall be based on guidelines established by the
Medicaid Drug Utilization Review Board and shall
provide that, before a prescription is filled or
delivered, a review will be conducted by the
pharmacist at the point of sale to screen for
potential drug therapy problems resulting from:
(a) therapeutic duplication,
(b) drug-drug interactions,
(c) incorrect drug dosage or duration of drug
treatment,
(d) drug-allergy interactions, and
(e) clinical abuse or misuse.
(2) In conducting the prospective drug utilization
review, a pharmacist may not alter the prescribed
Oklahoma Statutes - Title 63. Public Health and Safety Page 1737
outpatient drug therapy without the consent of
the prescribing physician or purchaser.
Added by Laws 1999, c. 201, § 4, eff. July 1, 1999.
§63-5030.4A. Disease state management programs – Feasibility study.
A. The Oklahoma Health Care Authority shall study the
feasibility of implementing one or more disease state management
programs.
B. The components of the study shall include, but not be
limited to:
1. A description and assessment of the findings, costs of the
program, savings incurred and estimated costs and savings of an
expansion of the pilot program for asthma disease state management
developed by the Authority;
2. An overview of disease state management programs for
enrollees of health management organizations contracting with the
Authority pursuant to the Sooner Care Plus Program;
3. An assessment of the adaptability of such disease state
management programs for the Medicaid fee-for-service population;
4. An overview of representative vendors of the disease state
management programs, including their characteristics, capabilities
and charges for products and services;
5. An overview and assessment of the disease state management
pilot project developed by the Oklahoma State Education Employees
Government Insurance Board; and
6. A record, if available, of the savings generated by disease
state management programs in other states by pharmaceutical
manufacturers for Medicaid fee-for-service recipients.
C. The study shall be under the joint direction of the Disease
State Management Director and the Pharmacy Director of the Oklahoma
Health Care Authority. The Directors shall consult with the
following entities as they deem necessary:
1. Medical, pharmacy, and nursing professionals who are
experienced in disease state management programs;
2. Appropriate pharmaceutical manufacturers in connection with
study components outlined in paragraphs 4 and 5 of subsection B of
this section;
3. Disease state management vendors; and
4. Other resources as necessary including, but not limited to,
health care advocates.
D. The Oklahoma Health Care Authority shall submit periodic
progress reports to the Joint Legislative Oversight Committee. The
Oklahoma Health Care Authority shall publish and submit a final
report by December 1, 2002, to the Speaker of the Oklahoma House of
Representatives, the President Pro Tempore of the Senate, the
Governor, and the chair of the Health and Social Services
Subcommittee of the Appropriation and Budget Committee of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1738
Oklahoma House of Representatives and of the Health and Social
Services Subcommittee of the Committee on Appropriations of the
Oklahoma State Senate.
E. As used in this section, "disease state management program"
means an integrated system of interventions, measurements and
refinements of health care delivery that include:
1. Patient education and involvement in self-care techniques;
2. Clinical policies/best practices that extend across the
entire continuum of care;
3. Outpatient drug management;
4. Clinical information systems with the capacity to identify,
classify, and track defined patient populations;
5. Informed support of physicians;
6. Team-oriented multidisciplinary approach; and
7. Feedback or continuous review.
Added by Laws 2002, c. 411, § 1, emerg. eff. June 5, 2002.
§63-5030.5. Drug prior authorization program - Conditions.
A. Except as provided in subsection F of this section, any drug
prior authorization program approved or implemented by the Medicaid
Drug Utilization Review Board shall meet the following conditions:
1. The Medicaid Drug Utilization Review Board shall make note
of and consider information provided by interested parties,
including, but not limited to, physicians, pharmacists, patients,
and pharmaceutical manufacturers, related to the placement of a drug
or drugs on prior authorization;
2. Any drug or drug class placed on prior authorization shall
be reconsidered no later than twelve (12) months after such
placement;
3. The program shall provide either telephone or fax approval
or denial within twenty-four (24) hours after receipt of the prior
authorization request; and
4. In an emergency situation, including a situation in which an
answer to a prior authorization request is unavailable, a seventy-
two-hour supply shall be dispensed, or, at the discretion of the
Medicaid Drug Utilization Review Board, a greater amount that will
assure a minimum effective duration of therapy for an acute
intervention.
B. In formulating its recommendations for placement of a drug
or drug class on prior authorization to the Oklahoma Health Care
Authority Board, the Medicaid Drug Utilization Review Board shall:
1. Consider the potential impact of any administrative delay on
patient care and the potential fiscal impact of such prior
authorization on pharmacy, physician, hospitalization and outpatient
costs. Any recommendation making a drug subject to placement on
prior authorization shall be accompanied by a statement of the cost
and clinical efficacy of such placement;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1739
2. Provide a period for public comment on each meeting agenda.
Prior to making any recommendations, the Medicaid Drug Utilization
Review Board shall solicit public comment regarding proposed changes
in the prior authorization program in accordance with the provisions
of the Oklahoma Open Meeting Act and the Administrative Procedures
Act; and
3. Review Oklahoma-Medicaid-specific data related to
utilization criterion standards as provided in division (1) of
subparagraph b of paragraph 2 of Section 5030.4 of this title.
C. The Oklahoma Health Care Authority Board may accept or
reject the recommendations of the Medicaid Drug Utilization Review
Board in whole or in part, and may amend or add to such
recommendations.
D. The Oklahoma Health Care Authority shall immediately provide
coverage under prior authorization for any new drug approved by the
United States Food and Drug Administration. If a new drug does not
fall in a class that is already placed under prior authorization,
that drug must be reviewed by the Drug Utilization Review Board
within one hundred (100) days of approval by the United States Food
and Drug Administration to determine whether to continue the prior
authorization criteria.
E. 1. Prior to a vote by the Medicaid Drug Utilization Review
Board to consider expansion of product-based prior authorization,
the Authority shall:
a. develop a written estimate of savings expected to
accrue from the proposed expansion, and
b. make the estimate of savings available, on request of
interested persons, no later than the day following
the first scheduled discussion of the estimate by the
Medicaid Drug Utilization Review Board at a regularly
scheduled meeting.
2. The written savings estimate based upon savings estimate
assumptions specified by paragraph 3 of this subsection prepared by
the Authority shall include as a minimum:
a. a summary of all paid prescription claims for patients
with a product in the therapeutic category under
consideration during the most recent month with
complete data, plus a breakdown, as available, of
these patients according to whether the patients are
residents of a long-term care facility or are
receiving Advantage Waiver program services,
b. current number of prescriptions, amount reimbursed and
trend for each product within the category under
consideration,
c. average active ingredient cost reimbursed per day of
therapy for each product and strength within the
category under consideration,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1740
d. for each product and strength within the category
under consideration, where applicable, the prevailing
State Maximum Allowable Cost reimbursed per dosage
unit,
e. the anticipated impact of any patent expiration of any
product within the category under consideration
scheduled to occur within two (2) years from the
anticipated implementation date of the proposed prior
authorization expansion, and
f. a detailed estimate of administrative costs involved
in the prior authorization expansion including, but
not limited to, the anticipated increase in petition
volume.
3. Savings estimate assumptions shall include, at a minimum:
a. the prescription conversion rate of products requiring
prior authorization (Tier II) to products not
requiring prior authorization (Tier I) and to other
alternative products,
b. aggregated rebate amount for the proposed Tier I and
Tier II products within the category under
consideration,
c. market shift of Tier II products due to other causes
including, but not limited to, patent expiration,
d. Tier I to Tier II prescription conversion rate, and
e. nature of medical benefits and complications typically
seen with products in this class when therapy is
switched from one product to another.
4. The Medicaid Drug Utilization Review Board shall consider
prior authorization expansion in accordance with the following
Medicaid Drug Utilization Review Board meeting sequence:
a. first meeting: publish the category or categories to
be considered for prior authorization expansion in the
future business section of the Medicaid Drug
Utilization Review Board agenda,
b. second meeting: presentation and discussion of the
written estimate of savings,
c. third meeting: make formal notice in the agenda of
intent to vote on the proposed prior authorization
expansion, and
d. fourth meeting: vote on prior authorization
expansion.
F. The Medicaid Drug Utilization Review Board may establish
protocols and standards for the use of any prescription drug
determined to be medically necessary, proven to be effective and
approved by the United States Food and Drug Administration (FDA) for
the treatment and prevention of human immunodeficiency
virus/acquired immune deficiency syndrome (HIV/AIDS) without prior
Oklahoma Statutes - Title 63. Public Health and Safety Page 1741
authorization, except when there is a generic equivalent drug
available.
Added by Laws 1999, c. 201, § 5, eff. July 1, 1999. Amended by Laws
2001, c. 340, § 1, emerg. eff. June 1, 2001; Laws 2002, c. 411, § 2,
emerg. eff. June 5, 2002; Laws 2005, c. 206, § 1, eff. Nov. 1, 2005;
Laws 2014, c. 341, § 1, eff. July 1, 2014; Laws 2015, c. 306, § 1.
§63-5031. Nonopioid drugs not to be disadvantaged or discouraged.
A. As used in this section, “contracted entity” has the same
meaning as provided by Section 4002.2 of Title 56 of the Oklahoma
Statutes.
B. In establishing and maintaining the formulary for the state
Medicaid program, the Oklahoma Health Care Authority shall ensure
that no nonopioid drug approved by the United States Food and Drug
Administration (FDA) for the treatment or management of pain shall
be disadvantaged or discouraged by either the Authority or a
contracted entity with respect to coverage on the formulary relative
to any opioid or narcotic drug for the treatment or management of
pain.
C. When a contracted provider prescribes an FDA-approved
nonopioid drug for the treatment or management of pain, the
Authority or a contracted entity shall not deny coverage of the
nonopioid drug in favor of an opioid drug.
D. This section does not preclude opioid drugs from being
preferred over other opioid drugs or nonopioid drugs from being
preferred over other nonopioid drugs.
Added by Laws 2024, c. 124, § 2, eff. Nov. 1, 2024.
§63-5051.1. Recovery from tortfeasors of amounts paid for medical
expenses of injured and diseased persons - Liens or other legal
action.
A. 1. The payment of medical expenses by the Oklahoma Health
Care Authority for or on behalf of or the receipt of medical
assistance by a person who has been injured, passed away, or who has
suffered a disease as a result of the negligence or act of another
person creates a debt to the Authority, subject to recovery by legal
action pursuant to this section. Damages for medical costs are
considered a priority over all other damages and shall be paid by
the tortfeasor prior to all other damages being allocated or paid.
2. The payment of medical expenses by the Authority for or on
behalf of a person who has been injured or who has suffered a
disease, and either has a claim or may have a claim against an
insurer, to the extent recoverable, creates a debt to the Authority
whether or not such person asserts or maintains a claim against an
insurer:
a. such claim or possible claim cannot be assigned by the
person receiving medical care to any provider, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1742
b. no provider may require assignment of subrogation
rights against any possible liable third party as a
condition for providing medical care.
B. The Authority shall provide notice to all recipients of
medical assistance at the time of application for such assistance of
their obligation to report any claim or action, and any judgment,
settlement or compromise arising from the claim or action, for
injury or illness for which the Authority makes payments for medical
assistance.
C. The recipient of medical assistance from the Authority for
an injury or disease who asserts a claim or maintains an action
against another on account of the injury or disease, or the
recipient's legal representative, shall notify the Authority of the
claim or action and of any judgment, settlement or compromise
arising from the claim or action prior to the final judgment,
settlement or compromise.
D. If the injured or diseased person asserts or maintains a
claim against another person or tortfeasor on account of the injury
or disease, the Authority:
1. Shall have a lien upon payment of the medical assistance to
the extent of the total amount so paid upon that part going or
belonging to the injured or diseased person of any recovery or sum
had or collected or to be collected by the injured or diseased
person up to the amount of the damages for the total medical
expenses, or by the heirs, personal representative or next of kin in
case of the death of the person, whether by judgment or by
settlement or compromise. The lien authorized by this subsection
shall:
a. have priority over all other liens except any lien by
CMS/Medicare and be inferior only to a lien or claim
of the attorney or attorneys handling the claim on
behalf of the injured or diseased person, the heirs or
personal representative,
b. not be applied or considered valid against any
temporary or permanent disability award of the
claimant due under the Workers' Compensation Act,
c. be applied and considered valid as against any insurer
adjudged responsible for medical expenses under the
Workers' Compensation Act, and
d. be applied and considered valid as to the entire
settlement, after the claim of the attorney or
attorneys for fees and costs, unless a more limited
allocation of damages to medical expenses is shown by
clear and convincing evidence;
2. A lien reduction pursuant to Section 994.2 of Title 12 of
the Oklahoma Statutes may be negotiated further by the Authority
Oklahoma Statutes - Title 63. Public Health and Safety Page 1743
provided that the injured person, the personal representative, or
attorney has made a good-faith effort to negotiate a reduction;
3. May take any other legal action necessary to recover the
amount so paid or to be paid to the injured or diseased person or to
the heirs, personal representative or next of kin in case of the
death of the person; and
4. Shall have the right to file a written notice of its lien in
any action commenced by the injured or diseased person.
E. The Authority, to secure and enforce the right of recovery
or reimbursement on behalf of the injured or diseased person, may
initiate and prosecute any action or proceeding against any other
person or tortfeasor who may be liable to the injured or diseased
person, if the injured or diseased person has not initiated any
legal proceedings against the other person or tortfeasor.
F. Any person or insurer that has been notified by the
Authority of a claim of lien authorized by this section and who,
directly or indirectly, pays to the recipient any money as a
settlement or compromise of the recipient's claim arising out of the
injury shall be liable to the Authority for the money value of the
medical assistance rendered by the Authority in an amount not in
excess of the amount to which the recipient was entitled to recover
from the tortfeasor or insurer because of the injury.
G. A Medicaid special needs trust for the purposes of
establishing or maintaining Medicaid eligibility shall not be
approved until such time as the Authority has been made whole and
paid in full for all paid medical claims which are associated with
the action.
H. A Medicaid recipient must notify the Authority prior to a
compromise or settlement against a third party in which the
Authority has provided or has become obligated to provide medical
assistance.
I. As used in this section:
1. "Medical expenses" includes the cost of hospital, medical,
surgical and dental services, care and treatment, rehabilitation,
and prostheses and medical appliances, and nursing and funeral
services;
2. "Person" includes, in addition to an individual, the
guardian of an individual, and the administrator or executor of the
estate of an individual, and a corporation; and
3. "Insurer" means any insurance company that administers
accident and health policies or plans or that administers any other
type insurance policy containing medical provisions, and any
nonprofit hospital service and indemnity and medical service and
indemnity corporation, actually engaged in business in the state,
regardless of where the insurance contract is written, or plan is
administered or where such corporation is incorporated.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1744
Added by Laws 1970, c. 313, § 1, emerg. eff. April 7, 1970. Amended
by Laws 1981, c. 159, § 1, emerg. eff. May 8, 1981; Laws 1986, c.
22, § 1, emerg. eff. March 18, 1986; Laws 1996, c. 221, § 1, eff.
Nov. 1, 1996. Renumbered from § 200 of Title 56 by Laws 1996, c.
221, § 6, eff. Nov. 1, 1996. Amended by Laws 2005, c. 91, § 1, eff.
Nov. 1, 2005; Laws 2007, c. 74, § 1, eff. Nov. 1, 2007; Laws 2023,
c. 161, § 1, eff. Nov. 1, 2023.
§63-5051.2. Right to reimbursement for medical services -
Assignment to Oklahoma Health Care Authority.
A. Whenever the Oklahoma Health Care Authority pays for medical
services or renders medical services, for or on behalf of a person
who has been injured or suffered an illness or disease, the right of
the provider of the services to reimbursement shall be automatically
assigned to the Oklahoma Health Care Authority, upon notice to the
insurer or other party obligated as a matter of law or agreement to
reimburse the provider on behalf of the patient.
B. Upon the assignment, the Authority, for purposes of the
claim for reimbursement, becomes a provider of medical services.
C. The assignment of the right to reimbursement shall be
applied and considered valid against any employer or insurer under
the Administrative Workers’ Compensation Act in this state.
D. Each insurer, upon receiving a claim from the Oklahoma
Health Care Authority, shall accept the state’s right of recovery,
to process and, if appropriate, pay the claim to the same extent
that the plan would have been liable if it had been billed at the
point of sale or by the original provider of services. The insurer
shall not deny the Authority claims on the basis of the date of
submission, the format of the claim, or for failure to present
proper documentation of coverage at the point of sale.
E. An insurer or third-party administrator, except a Medicare
Advantage plan, shall not deny the Authority claims solely on the
basis that a claimed item or service did not receive prior
authorization under the rules or coverage policies of the insurer or
third-party administrator. The insurer or third-party administrator
shall accept an authorization provided by the Authority for an item
or service covered under the state Medicaid program or under a home-
and community-based services waiver for such individual as if such
authorization was made by the insurer or third-party administrator
for such item or service.
F. If the Authority submits an inquiry regarding a claim to an
insurer or third-party administrator not later than three (3) years
after the date of provision of the claimed item or service, the
insurer or third-party administrator shall respond to the inquiry
within sixty (60) days of receiving the inquiry.
G. An insurer shall make appropriate payments to the Authority
as long as the claim is submitted for consideration within three (3)
Oklahoma Statutes - Title 63. Public Health and Safety Page 1745
years from the date the service was furnished. Any action by the
Authority to enforce the payment of the claim shall be commenced
within six (6) years of the submission of the claim by the
Authority.
Added by Laws 1981, c. 159, § 2, emerg. eff. May 8, 1981. Amended
by Laws 1996, c. 221, § 2, eff. Nov. 1, 1996. Renumbered from §
200a of Title 56 by Laws 1996, c. 221, § 6, eff. Nov. 1, 1996.
Amended by Laws 2007, c. 74, § 2, eff. Nov. 1, 2007; Laws 2024, c.
449, § 1, emerg. eff. June 14, 2024.
§63-5051.3. Medical assistance - Homestead lien.
A. Pursuant to the provisions of this section, the Oklahoma
Health Care Authority is authorized to file and enforce a lien
against the homestead of a recipient for payments of medical
assistance made by the Authority to the recipient who is an
inpatient of a nursing facility or an intermediate care facility for
individuals with intellectual disabilities (ICF/IID) if the
Authority, upon competent medical testimony, determines the
recipient cannot reasonably be expected to be discharged and
returned home. A one-year period of compensated inpatient care at a
nursing facility or an ICF/IID shall constitute a determination by
the Authority that the recipient cannot reasonably be expected to be
discharged and returned home.
B. Upon certification for Title XIX of the federal Social
Security Act payments for a nursing facility or ICF/IID care, the
Authority shall provide written notice to the recipient that:
1. A one-year period of compensated inpatient care at a nursing
facility or ICF/IID shall constitute a determination by the
Authority that the recipient cannot reasonably be expected to be
discharged and returned home;
2. A lien will be filed against the homestead of the recipient
pursuant to the provisions of this section and that the amount of
the lien shall be for the amount of assistance paid by the Authority
from the date the recipient became eligible for compensated
inpatient care at a nursing facility or ICF/IID until the time of
the filing of the lien and for any amount paid thereafter for such
medical assistance to the recipient; and
3. The recipient is entitled to a hearing with the Authority
prior to the filing of the lien pursuant to this section.
The notice shall also contain an explanation of the lien and the
effect the lien will have on the ownership of the homestead of the
recipient and any other person residing in the homestead. The
notice shall be signed by the recipient or the legal guardian of the
recipient acknowledging that the recipient or the legal guardian of
the recipient understands the notice and the effect that the payment
of medical assistance on the recipient's behalf will have upon the
homestead of the recipient.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1746
C. The lien filed pursuant to subsection E of this section
shall be for the amount of assistance paid beginning from the date
the recipient began receiving inpatient care from a nursing facility
or ICF/IID and for any amount paid thereafter for the medical
assistance to the recipient.
D. The Authority shall not file a lien on the homestead of the
recipient pursuant to subsection E of this section while the
homestead is the lawful residence of:
1. The surviving spouse of the recipient;
2. A child related to the recipient by blood or marriage who is
twenty (20) years of age or less;
3. An adult child related to the recipient by blood or marriage
who is incapacitated as defined by the Authority; or
4. A brother or sister of the recipient who has an equity
interest in the home and who was residing in the home for at least
one (1) year immediately preceding the date the recipient was
admitted to the nursing facility or ICF/IID and has resided there on
a continuous basis since that time.
E. No lien for payment of medical assistance pursuant to this
section shall be effective unless:
1. The Authority has provided notice to the recipient of the
intent to file a lien against the homestead of the recipient and of
the opportunity for a hearing on the matter; and
2. After the notice specified in paragraph 1 of this subsection
has been given, a lien is filed for record against the legal
description of the homestead in the office of the county clerk of
the county in which the homestead of the recipient is located. The
lien shall contain the following information:
a. the name and address of the place of residence of the
recipient,
b. the amount of the assistance paid at the time of the
filing of the lien,
c. the date the recipient began receiving compensated
inpatient care at a nursing facility or ICF/IID,
d. the legal description of the real property against
which the lien will be recorded, and
e. such other information as the Authority requires.
F. 1. After the lien has been filed pursuant to subsection E
of this section, the Authority may enforce a lien only:
a. after the death of the surviving spouse of the
recipient,
b. when there is no child related to the recipient by
blood or marriage who is twenty (20) years of age or
less residing in the homestead,
c. when there is no adult child related to the recipient
by blood or marriage who is incapacitated as defined
by the Authority residing in the homestead, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1747
d. when no brother or sister of the recipient is residing
in the homestead, who has resided there for at least
one (1) year immediately before the date of the
recipient's admission to the facility or institution,
and has resided there on a continuous basis since that
time.
2. A lien filed pursuant to subsection E of this section shall
remain on the homestead:
a. until the lien is satisfied,
b. until the value of the homestead is consumed by the
lien, at which time the Authority may force the sale
of the homestead to satisfy the lien, or
c. after transfer of title of the real property by
conveyance, sale, succession, inheritance, or will.
3. The lien filed pursuant to subsection E of this section may
be enforceable by the Authority before or after the death of the
recipient.
4. The lien created by this section shall be treated as a
mortgage and shall be assignable by the Authority to another entity
and shall be released in accordance with the provisions as set forth
in Section 15 of Title 46 of the Oklahoma Statutes.
5. The lien shall sever a joint tenancy; however, the lien
shall be enforceable only to the extent of the ownership of the
person receiving assistance as it existed at the time the recipient
began receiving assistance.
G. The recipient, the heirs, personal representative, or
assigns of the recipient may discharge said lien at any time by
paying the amount of the lien to the Authority.
H. At the end of the one-year limitation, the Authority shall
exclude from consideration as a resource the value of the homestead
of the recipient.
I. The payment of medical assistance on behalf of the recipient
by the Authority and the signing of the notice pursuant to
subsection B of this section shall constitute a waiver of the
homestead rights of the recipient for the purposes of this section
and Section 3 of Article XII of the Oklahoma Constitution.
J. 1. Pursuant to the provisions of this subsection, if the
homestead is sold to enforce the lien authorized pursuant to the
provisions of this section, an amount up to Six Thousand Dollars
($6,000.00) from the proceeds of the sale of the homestead, less the
value of any prepaid burial or insurance policies or designated
accounts for funeral expenses already owned by the recipient, may be
set aside in an irrevocable trust on behalf of the recipient, in
which the Authority is to be included as the remainder, and the
funds are to be used for the funeral expenses of the recipient.
2. Payment of the funeral expenses from the proceeds of the
sale of the homestead shall be made as follows:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1748
a. if the proceeds exceed the amount of the lien, the
payment of funeral expenses shall be first satisfied
from any amount in excess of the lien amount. After
the excess is exhausted, the remainder of funeral
expenses shall be satisfied from the lien amount prior
to payment of any reimbursement to the Authority, and
b. if the proceeds from the sale of the homestead do not
exceed the amount of the lien, the payment of funeral
expenses shall be satisfied from the lien amount prior
to payment of any reimbursement to the Authority.
K. As used in this section:
1. "Nursing facility" means any home, establishment, or
institution which offers or provides on a regular basis twenty-four-
hour medical services, skilled nursing care, necessary special
dietary service, and personal care and supervision to three or more
of its residents who are not related to the owner or administrator
of the facility; and
2. "ICF/IID" means intermediate care facilities for individuals
with intellectual disabilities, which provide comprehensive and
individualized health care and rehabilitation services to
individuals to promote their functional status and independence.
L. If any provision of this section shall be in conflict with
any applicable federal statutes and regulations, the federal
statutes and regulations shall prevail and be controlling until such
time as the federal statutes and regulations shall be revised to
conform to this section.
Added by Laws 1986, c. 175, § 1, emerg. eff. May 15, 1986. Amended
by Laws 1996, c. 221, § 3, eff. Nov. 1, 1996. Renumbered from §
200b of Title 56 by Laws 1996, c. 221, § 6, eff. Nov. 1, 1996.
Amended by Laws 2015, c. 278, § 1, eff. Nov. 1, 2015; Laws 2017, c.
255, § 1, eff. Nov. 1, 2017.
§63-5051.4. Coverage under Medicaid Program Reform Act of 2003 -
Enrollment fee and/or premium.
The Oklahoma Health Care Authority is hereby authorized to
charge an enrollment fee and/or premium for the provision of health
care coverage under the Oklahoma Medicaid Program Reform Act of
2003. Such charges, if unpaid, create a debt to the state and are
subject to recovery by the Authority by any legal action against an
enrollee, the heirs or next of kin of the enrollee in the event of
the death of the enrollee. The Authority may end coverage for the
nonpayment of such enrollment and/or premium pursuant to rules
promulgated by the Oklahoma Health Care Authority Board.
Added by Laws 2003, c. 464, § 11, eff. July 1, 2003.
§63-5051.5. Data files comparisons - File systems maintained by
insurers - Exchange of information with Authority.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1749
A. 1. On or after November 1, 2003, any entity that provides
health insurance in this state including, but not limited to, a
licensed insurance company, not-for-profit hospital service, medical
indemnity corporation, managed care organization, self-insured plan,
pharmacy benefit manager or other party that is, by statute,
contract, or agreement, legally responsible for payment of a claim
for a health care item or service is hereby required to compare data
from its files with data in files provided to the entity by the
Oklahoma Health Care Authority and accept the Authority’s right of
recovery and the assignment of rights and not charge the Authority
or any of its authorized agents any fees for the processing of
claims or eligibility requests. Data files requested by or provided
to the Authority shall provide the Authority with eligibility and
coverage information that will enable the Authority to determine the
existence of third party coverage for Medicaid recipients and the
necessary information to determine during what period Medicaid
recipients may be or may have been covered by the health insurer and
the nature of the coverage that is or was provided, including the
name, address, and identifying number of the plan.
2. The insurer shall transmit to the Authority, in a manner
prescribed by the Centers for Medicare and Medicaid Services or as
agreed between insurer and the Authority, an electronic file of all
identified subscribers or policyholders, or their dependents, for
whom there is data corresponding to the information contained in
subsection C of this section.
B. 1. An insurer shall comply with a request under the
provisions of this subsection no later than sixty (60) days after
the date of transmission by the Authority and shall only be required
to provide the Authority with the information required by subsection
C of this section.
2. The Authority may make such request for data from an insurer
no more than once every six (6) months, as determined by the date of
the Authority’s original request.
C. Each insurer shall maintain a file system containing the
name, address, group policy number, coverage type, social security
number, and date of birth of each subscriber or policyholder, and
each dependent of the subscriber or policyholder covered by the
insurer, including policy effective and termination dates, claim
submission address, and employer’s mailing address.
D. The Oklahoma Health Care Authority Board shall promulgate
rules governing the exchange of information under this section.
Such rules shall be consistent with all laws relating to the
confidentiality or privacy of personal information or medical
records including, but not limited to, provisions under the federal
Health Insurance Portability and Accountability Act (HIPAA).
Oklahoma Statutes - Title 63. Public Health and Safety Page 1750
Added by Laws 2003, c. 464, § 12, eff. July 1, 2003. Amended by
Laws 2007, c. 74, § 3, eff. Nov. 1, 2007; Laws 2011, c. 204, § 1,
eff. Nov. 1, 2011.
§63-5052. Opportunity for hearing before Authority - Record -
Review by Administrator - Judicial review.
A. Any applicant or recipient, adversely affected by a decision
of the Oklahoma Health Care Authority on benefits or services
provided pursuant to the provisions of this title, shall be afforded
an opportunity for a hearing pursuant to the provisions of
subsection B of this section after such applicant or recipient has
been notified of the adverse decision of the Authority.
B. 1. Upon timely receipt of a request for a hearing as
specified in the notice of adverse decision and exhaustion of other
available administrative remedies, the Authority shall hold a
hearing pursuant to the provisions of rules promulgated by the
Oklahoma Health Care Authority Board pursuant to this section.
2. The record of the hearing shall include, but shall not be
limited to:
a. all pleadings, motions and intermediate rulings,
b. evidence received or considered,
c. any decision, opinion or report by the officer
presiding at the hearing, and
d. all staff memoranda or data submitted to the hearing
officer or members of the agency in connection with
their consideration of the case.
3. Oral proceedings shall be electronically recorded by the
Authority. Any party may request a copy of the tape recording of
such person's administrative hearing or may request a transcription
of the tape recording to comply with any federal or state law.
C. Any decision of the Authority after such a hearing pursuant
to subsection B of this section shall be subject to review by the
Administrator of the Oklahoma Health Care Authority or designated
administrative law judge upon a timely request for review by the
applicant or recipient. The Administrator may only designate an
administrative law judge at another state agency, as established in
the State Medicaid Plan and approved by the Centers for Medicare and
Medicaid Services. The Administrator or designated administrative
law judge shall issue a decision after review. A hearing decision
of the Authority shall be final and binding unless a review is
requested pursuant to the provisions of this subsection. The
decision of the Administrator or designated administrative law judge
may be appealed to the district court in which the applicant or
recipient resides within thirty (30) days of the date of the
decision of the Administrator or designated administrative law judge
as provided by the provisions of subsection D of this section.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1751
D. Any applicant or recipient under this title who is aggrieved
by a decision of the Administrator or designated administrative law
judge rendered pursuant to this section may petition the district
court in which the applicant or recipient resides for a judicial
review of the decision pursuant to the provisions of Sections 318
through 323 of Title 75 of the Oklahoma Statutes. A copy of the
petition shall be served by mail upon the general counsel of the
Authority.
Added by Laws 1997, c. 137, § 1, emerg. eff. April 22, 1997.
Amended by Laws 2021, c. 562, § 1, eff. Nov. 1, 2021.
§63-5053. Short title.
This act shall be known and may be cited as the "Oklahoma
Medicaid False Claims Act".
Added by Laws 2007, c. 137, § 1, eff. Nov. 1, 2007.
§63-5053.1. Definitions - Civil penalty for false or fraudulent
claims.
A. For purposes of this section:
1. "Claim":
a. means any request or demand for money or property,
whether under a contract or otherwise and whether or
not the state has title to the money or property,
that:
(1) is presented to an officer, employee or agent of
the state, or
(2) is made to a contractor, grantee or other
recipient, if the money or property is to be
spent or used on the state's behalf or to advance
a state program or interest, and if this state:
(a) provides or has provided any portion of the
money or property requested or demanded, or
(b) will reimburse such contractor, grantee or
other recipient for any portion of the money
or property which is requested or demanded;
and
b. shall not include requests or demands for money or
property that the government has paid to an individual
as compensation for state employment or as an income
subsidy with no restrictions on the individual's use
of the money or property;
2. "Knowing" and "knowingly" mean that a person, with respect
to information:
a. has actual knowledge of the information,
b. acts in deliberate ignorance of the truth or falsity
of the information, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1752
c. acts in reckless disregard of the truth or falsity of
the information.
No proof of specific intent to defraud is required;
3. "Material" means having a natural tendency to influence or
be capable of influencing the payment or receipt of money or
property; and
4. "Obligation" means an established duty, whether or not
fixed, arising from an express or implied contractual, grantor-
grantee or licensor-licensee relationship, from a fee-based or
similar relationship, from statute or regulation or from the
retention of any overpayment.
B. Any person who:
1. Knowingly presents, or causes to be presented, a false or
fraudulent claim for payment or approval;
2. Knowingly makes, uses, or causes to be made or used, a false
record or statement material to a false or fraudulent claim;
3. Conspires to commit a violation of the Oklahoma Medicaid
False Claims Act;
4. Has possession, custody, or control of property or money
used, or to be used, by the state and knowingly delivers, or causes
to be delivered, less than all of such money or property;
5. Is authorized to make or deliver a document certifying
receipt of property used or to be used by the state and, intending
to defraud the state, makes or delivers the receipt without
completely knowing that the information on the receipt is true;
6. Knowingly buys or receives as a pledge of an obligation or
debt, public property from an officer or employee of the state who
lawfully may not sell or pledge property; or
7. Knowingly makes, uses or causes to be made or used, a false
record or statement material to an obligation to pay or transmit
money or property to the state, or knowingly conceals or knowingly
and improperly avoids or decreases an obligation to pay or transmit
money or property to the state;
is liable to the State of Oklahoma for a civil penalty consistent
with the civil penalties provision of the Federal False Claims Act,
31 U.S.C. 3729(a), as adjusted by the Federal Civil Penalties
Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law
101-410), and as further amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of
Public Law 114-74), plus three times the amount of damages which the
state sustains because of the act of that person.
C. If the court finds that:
1. The person committing the violation in subsection B of this
section furnished officials of this state responsible for
investigating false claims violations with all information known to
such person about the violation within thirty (30) days after the
date on which the defendant first obtained the information;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1753
2. The person fully cooperated with any state investigation of
the violation; and
3. At the time the person furnished the state with the
information about the violation, no criminal prosecution, civil
action, or administrative action had commenced under this title with
respect to the violation, and the person did not have actual
knowledge of the existence of an investigation into the violation,
the court may assess not less than two times the amount of damages
which the state sustains because of the act of the person.
D. A person violating subsection B of this section shall also
be liable to this state for the costs of a civil action brought to
recover any such penalty or damages.
E. Any information furnished pursuant to subsections A through
D of this section shall be exempt from disclosure under the Oklahoma
Open Records Act.
F. This section does not apply to claims, records or statements
under the Oklahoma Tax Code.
Added by Laws 2007, c. 137, § 2, eff. Nov. 1, 2007. Amended by Laws
2016, c. 44, § 1, eff. Nov. 1, 2016; Laws 2017, c. 86, § 1, eff.
Nov. 1, 2017.
§63-5053.2. Civil actions by Attorney General or individual persons
authorized - Complaint procedure.
A. The Attorney General shall diligently investigate a
violation under the Oklahoma Medicaid False Claims Act. If the
Attorney General finds that a person has violated or is violating
the Oklahoma Medicaid False Claims Act, the Attorney General may
bring a civil action under this section against the person.
B. 1. A person may bring a civil action for a violation of the
Oklahoma Medicaid False Claims Act for the person and for this
state. The action shall be brought in the name of the state. The
action may be dismissed only if the court and the Attorney General
give written consent to the dismissal and state the reasons for
consenting.
2. A copy of the complaint and written disclosure of
substantially all material evidence and information the person
possesses shall be served on the state pursuant to Section 2004 of
Title 12 of the Oklahoma Statutes. The complaint shall be filed in
camera, shall remain under seal for at least sixty (60) days, and
shall not be served on the defendant until the court so orders. The
state may elect to intervene and proceed with the action within
sixty (60) days after it receives both the complaint and the
material evidence and information.
3. The state may, for good cause shown, move the court for
extensions of the time during which the complaint remains under seal
under paragraph 2 of this subsection. Any such motions may be
supported by affidavits or other submissions in camera. The
Oklahoma Statutes - Title 63. Public Health and Safety Page 1754
defendant shall not be required to respond to any complaint filed
under this section until twenty (20) days after the complaint is
unsealed and served upon the defendant pursuant to Section 2004 of
Title 12 of the Oklahoma Statutes.
4. Before the expiration of the sixty-day period or any
extensions obtained under paragraph 3 of this subsection, the state
shall:
a. proceed with the action, in which case the action
shall be conducted by the state, or
b. notify the court that it declines to take over the
action, in which case the person bringing the action
shall have the right to conduct the action.
5. When a person brings an action under this section, no person
other than the state may intervene or bring a related action based
on the facts underlying the pending action.
Added by Laws 2007, c. 137, § 3, eff. Nov. 1, 2007. Amended by Laws
2016, c. 44, § 2, eff. Nov. 1, 2016.
§63-5053.3. Actions brought by individuals - Participation by state
- Procedure.
A. If the state proceeds with the action pursuant to Section
5053.2 of this title, it shall have the primary responsibility for
prosecuting the action, and shall not be bound by an act of the
person bringing the action. Such person shall have the right to
continue as a party to the action, subject to the limitations set
forth in this subsection.
1. The state may dismiss the action notwithstanding the
objections of the person initiating the action if the person has
been notified by the state of the filing of the motion and the court
has provided the person with an opportunity for a hearing on the
motion.
2. The state may settle the action with the defendant
notwithstanding the objections of the person initiating the action
if the court determines, after a hearing, that the proposed
settlement is fair, adequate, and reasonable under all the
circumstances. Upon a showing of good cause, the hearing may be
held in camera.
3. Upon a showing by the state that unrestricted participation
during the course of the litigation by the person initiating the
action would interfere with or unduly delay the state's prosecution
of the case, or would be repetitious, irrelevant, or for purposes of
harassment, the court may, in its discretion, impose limitations on
the participation of the person, such as:
a. limiting the number of witnesses the person may call,
b. limiting the length of the testimony of the witnesses,
c. limiting the person's cross-examination of witnesses,
or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1755
d. otherwise limiting the participation by the person in
the litigation.
4. Upon a showing by the defendant that unrestricted
participation during the course of the litigation by the person
initiating the action would be for purposes of harassment or would
cause the defendant undue burden or unnecessary expense, the court
may limit the participation by the person in the litigation.
B. If the state elects not to proceed with the action, the
person who initiated the action shall have the right to conduct the
action. If the state so requests, it shall be served with copies of
all pleadings filed in the action and shall be supplied with copies
of all deposition transcripts at the expense of the state. When a
person proceeds with the action, the court, without limiting the
status and rights of the person initiating the action, may
nevertheless permit the state to intervene at a later date upon a
showing of good cause.
C. Whether or not the state proceeds with the action, upon a
showing by the state that certain actions of discovery by the person
initiating the action would interfere with the state's investigation
or prosecution of a criminal or civil matter arising out of the same
facts, the court may stay the discovery for a period of not more
than sixty (60) days. Such a showing shall be conducted in camera.
The court may extend the sixty-day period upon a further showing in
camera that the state has pursued the criminal or civil
investigation or proceedings with reasonable diligence and any
proposed discovery in the civil action will interfere with the
ongoing criminal or civil investigation or proceedings.
D. Notwithstanding subsection B of Section 5053.2 of this
title, the state may elect to pursue its claim through any alternate
remedy available to the state, including any administrative
proceeding to determine a civil money penalty. If any alternate
remedy is pursued in another proceeding, the person initiating the
action shall have the same rights in the proceeding as the person
would have had if the action had continued under this section. Any
finding of fact or conclusion of law made in the other proceeding
that has become final shall be conclusive on all parties to an
action under this section. For purposes of this subsection, a
finding or conclusion is final if it has been finally determined on
appeal to the appropriate court of the State of Oklahoma, if all
time for filing the appeal with respect to the finding or conclusion
has expired, or if the finding or conclusion is not subject to
judicial review.
Added by Laws 2007, c. 137, § 4, eff. Nov. 1, 2007. Amended by Laws
2016, c. 44, § 3, eff. Nov. 1, 2016.
§63-5053.4. Actions brought by individuals - Share of proceeds of
actions or settlement - Award of expenses, fees, and costs.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1756
A. 1. If the state proceeds with an action brought by a person
under subsection B of Section 5053.2 of this title, the person
shall, subject to paragraph 2 of this subsection, receive at least
fifteen percent (15%) but not more than twenty-five percent (25%) of
the proceeds of the action or settlement of the claim, depending
upon the extent to which the person substantially contributed to the
prosecution of the action.
2. Where the action is one which the court finds to be based
primarily on disclosures of specific information, other than
information provided by the person bringing the action, relating to
allegations or transactions in a criminal, civil or administrative
hearing, in a legislative, administrative or State Auditor and
Inspector report, hearing, audit or investigation, or from the news
media, the court may award such sums as it considers appropriate,
but in no case more than ten percent (10%) of the proceeds, taking
into account the significance of the information and the role of the
person bringing the action in advancing the case to litigation.
3. Any payment to a person under paragraph 1 or 2 of this
subsection shall be made from the proceeds. Any such person shall
also receive an amount for reasonable expenses which the court finds
to have been necessarily incurred, plus reasonable attorney fees and
costs. All such expenses, fees, and costs shall be awarded against
the defendant.
B. If the state does not proceed with an action under Section
5053.2 of this title, the person bringing the action or settling the
claim shall receive an amount which the court decides is reasonable
for collecting the civil penalty and damages. The amount shall be
not less than twenty-five percent (25%) and not more than thirty
percent (30%) of the proceeds of the action or settlement and shall
be paid out of the proceeds. The person shall also receive an
amount for reasonable expenses which the court finds to have been
necessarily incurred, plus reasonable attorney fees and costs. All
such expenses, fees, and costs shall be awarded against the
defendant.
C. Whether or not the state proceeds with the action, if the
court finds that the action was brought by a person who planned and
initiated the violation of the Oklahoma Medicaid False Claims Act
upon which the action was brought, then the court may, to the extent
the court considers appropriate, reduce the share of the proceeds of
the action which the person would otherwise receive under subsection
A or B of this section, taking into account the role of that person
in advancing the case to litigation and any relevant circumstances
pertaining to the violation. If the person bringing the action is
convicted of criminal conduct arising from his or her role in the
violation of the Oklahoma Medicaid False Claims Act, that person
shall be dismissed from the civil action and shall not receive any
share of the proceeds of the action. The dismissal shall not
Oklahoma Statutes - Title 63. Public Health and Safety Page 1757
prejudice the right of this state to continue the action,
represented by the Office of the Attorney General or its assigns.
D. If the state does not proceed with the action and the person
bringing the action conducts the action, the court may award to the
defendant its reasonable attorney fees and expenses if the defendant
prevails in the action and the court finds that the claim of the
person bringing the action was clearly frivolous, clearly vexatious,
or brought primarily for purposes of harassment.
Added by Laws 2007, c. 137, § 5, eff. Nov. 1, 2007. Amended by Laws
2009, c. 32, § 1, eff. Nov. 1, 2009; Laws 2016, c. 44, § 4, eff.
Nov. 1, 2016.
§63-5053.5. Prohibition of certain individual actions - Dismissal -
Liability for expenses or fees - Relief following adverse acts -
Statute of limitations.
A. In no event may a person bring an action under subsection B
of Section 5053.2 of this title which is based upon allegations or
transactions which are the subject of a civil suit or an
administrative civil money penalty proceeding in which the state is
already a party.
B. The court shall dismiss an action or claim under this
section, unless opposed by the state, if substantially the same
allegations or transactions as alleged in the action or claim were
publicly disclosed in a criminal, civil or administrative hearing,
in which the state or its agent is a party, in a legislative, or
State Auditor and Inspector report, hearing, audit or investigation,
or from the news media, unless the action is brought by the Attorney
General or the person bringing the action is an original source of
the information. For purposes of this subsection, "original source"
means an individual who either:
1. Prior to a public disclosure under subsection B of this
section, has voluntarily disclosed to the state the information on
which allegations or transactions in a claim are based; or
2. Has knowledge that is independent of and materially adds to
the publicly disclosed allegations or transactions, and who has
voluntarily provided the information to the state before filing an
action under the Oklahoma Medicaid False Claims Act.
C. The state is not liable for expenses which a person incurs
in bringing an action under this section.
D. In civil actions brought under this section by this state,
the provisions of Title 28 of the Oklahoma Statutes shall apply.
E. Any employee, contractor or agent shall be entitled to:
1. All relief necessary to make the employee, contractor or
agent whole, if the employee, contractor or agent is discharged,
demoted, suspended, threatened, harassed, or in any other manner
discriminated against in the terms and conditions of employment
because of lawful acts done by the employee, contractor, agent or
Oklahoma Statutes - Title 63. Public Health and Safety Page 1758
associated others in furtherance of an action under this act, or
other efforts to stop one or more violations of the Oklahoma
Medicaid False Claims Act.
2. Relief which shall include reinstatement with the same
seniority status the employee, contractor or agent would have had
but for the discrimination, two times the amount of back pay,
interest on the back pay, and compensation for any special damages
sustained as a result of the discrimination, including litigation
costs and reasonable attorney fees. An action under this section
may be brought in the appropriate district court of the State of
Oklahoma for the relief provided in this subsection.
F. An action under this section shall not be brought more than
three (3) years after the date when the retaliation occurred.
Added by Laws 2007, c. 137, § 6, eff. Nov. 1, 2007. Amended by Laws
2009, c. 32, § 2, eff. Nov. 1, 2009; Laws 2016, c. 44, § 5, eff.
Nov. 1, 2016; Laws 2017, c. 86, § 2, eff. Nov. 1, 2017.
§63-5053.6. Service of subpoena - Limitation of actions - Burden of
proof - Res judicata.
A. A subpoena requiring the attendance of a witness at a trial
or hearing conducted under the Oklahoma Medicaid False Claims Act
may be served at any place in Oklahoma.
B. A civil action under Section 5053.2 of this title may not be
brought:
1. More than six (6) years after the date on which the
violation of the Oklahoma Medicaid False Claims Act is committed; or
2. More than three (3) years after the date when facts material
to the right of action are known or reasonably should have been
known by the official of the State of Oklahoma charged with
responsibility to act in the circumstances, but in no event more
than ten (10) years after the date on which the violation is
committed, whichever occurs last.
C. If the state elects to intervene and proceed with an action
brought under Section 5053.2 of this title, the state may file its
own complaint or amend the complaint of a person who has brought an
action under Section 5053.2 of this title to clarify or add detail
to the claims in which the state is intervening and to add any
additional claims with respect to which the state contends it is
entitled to relief. For statute of limitations purposes, any such
state pleading shall relate back to the filing date of the complaint
of the person who originally brought the action to the extent that
the claim of the state arises out of the conduct, transactions or
occurrences set forth, or attempted to be set forth, in the prior
complaint of the person.
D. In any action brought under Section 5053.2 of this title,
this state shall be required to prove all essential elements of the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1759
cause of action, including damages, by a preponderance of the
evidence.
E. Notwithstanding any other provision of law, a final judgment
rendered in favor of this state in any criminal proceeding charging
fraud or false statements, whether upon a verdict after trial or
upon a plea of guilty or nolo contendere, shall estop the defendant
from denying the essential elements of the offense in any action
which involves the same transaction as in the criminal proceeding
and which is brought under the Oklahoma Medicaid False Claims Act.
Added by Laws 2007, c. 137, § 7, eff. Nov. 1, 2007. Amended by Laws
2016, c. 44, § 6, eff. Nov. 1, 2016.
§63-5053.7. Jurisdiction.
A. Any action under Section 5053.2 of this title may be brought
in any judicial district in which the defendant or, in the case of
multiple defendants, any one defendant can be found, resides,
transacts business, or in which any act proscribed by the Oklahoma
Medicaid False Claims Act occurred. A summons as required by
Section 2004 of Title 12 of the Oklahoma Statutes shall be issued by
the appropriate district court and served at any place within or
outside the State of Oklahoma.
B. The district courts shall have jurisdiction over any action
brought under the laws of the state for the recovery of funds paid
by a state or local government if the action arises from the same
transaction or occurrence as an action brought under the Oklahoma
Medicaid False Claims Act.
Added by Laws 2007, c. 137, § 8, eff. Nov. 1, 2007. Amended by Laws
2016, c. 44, § 7, eff. Nov. 1, 2016.
§63-5054. State Medicaid program - Administrative sanctions.
A. The Oklahoma Health Care Authority may administer
administrative sanctions to Medicaid recipients who abuse the state
Medicaid program.
B. Administrative sanctions shall not be administered by the
Oklahoma Health Care Authority until notice and hearing have been
provided to the Medicaid recipient.
C. For purposes of this section, “abuse” means practices that
result in reimbursement for services that are not medically
necessary, including reimbursement for a gross overutilization of
services.
Added by Laws 2011, c. 255, § 2, eff. Nov. 1, 2011.
§63-5060. State Medicaid program not to contract with out-of-state
providers.
A. Where practicable and in accordance with state and federal
law, the state Medicaid program shall not contract with an out-of-
Oklahoma Statutes - Title 63. Public Health and Safety Page 1760
state medical provider for treatment that is available from one or
more providers licensed and practicing in the State of Oklahoma.
B. The Oklahoma Health Care Authority shall seek any federal
approval necessary to implement the provisions of this section.
Added by Laws 2019, c. 475, § 59, eff. Nov. 1, 2019.
§63-5061.1. I/T/U Shared Savings Program.
A. The purpose of this act is to maximize and direct the
reinvestment of any savings to the Oklahoma Health Care Authority
generated by enhanced federal matching authorized under Section
1905(b) of the Social Security Act at a rate of one hundred percent
(100%) for covered services received through participating Indian
Health Service, Tribal and Urban Indian (I/T/U) facilities.
B. There is hereby created the I/T/U Shared Savings Program.
Pursuant to guidance of the Centers for Medicare & Medicaid Services
(CMS), authorized services provided by a non-I/T/U Medicaid provider
to an American Indian or Alaska Native (AI/AN) Medicaid beneficiary
as a result of a referral from an I/T/U facility provider may be
eligible for the enhanced federal matching rate of one hundred
percent (100%).
C. 1. The Authority shall distribute up to fifty percent (50%)
of any savings that result from the I/T/U Shared Savings Program
provided for in this section to participating I/T/U facilities that
have complied with the terms of this act and applicable federal law,
but only after administrative costs incurred by the Authority in
implementing the I/T/U Shared Savings Program have been fully
satisfied.
2. Distributions to participating I/T/U facilities shall be
used to increase care coordination and to support health care
initiatives for AI/AN populations.
3. The Authority shall deposit any shared savings that remain
after administrative costs have been fully paid, and after
distributions have been made to participating I/T/U facilities, into
the I/T/U Shared Savings Revolving Fund created in Section 2 of this
act for the purpose of increasing Medicaid provider rates. Monies
in the fund shall not be used to replace other general revenues
appropriated and funded by the Legislature or other revenues used to
support Medicaid.
D. 1. All actions taken by the Authority in implementing the
I/T/U Shared Savings Program shall be made in accordance with
applicable state and federal Medicaid law and CMS State Health
Official letter (SHO) #16-002, issued on February 26, 2016, and CMS
Frequently Asked Questions (FAQs) regarding "Federal Funding for
Services 'Received Through' an IHS/Tribal Facility and Furnished to
Medicaid-Eligible American Indians and Alaska Natives (SHO #16-002)"
issued on January 18, 2017, and as such guidance may be hereinafter
amended or modified.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1761
2. The Authority shall make distributions to a participating
I/T/U facility in accordance with paragraph 1 of subsection C of
this section, contingent upon the production of executed copies of
Care Coordination Agreements (CCAs) for all services billed to
Oklahoma Medicaid that were received through the I/T/U facility.
CCAs must be executed between the I/T/U facility and the non-I/T/U
provider and must include, at a minimum, assurances that care
coordination shall involve:
a. the I/T/U facility practitioner providing a request
for specific services by electronic or other
verifiable means and relevant information about the
practitioner's patient to the non-I/T/U provider,
b. the non-I/T/U provider sending information about the
care the non-I/T/U provider provides to the patient
including the results of any screening, diagnostic or
treatment procedures, to the I/T/U facility
practitioner,
c. the I/T/U facility practitioner continuing to assume
responsibility for the patient's care by assessing the
information and taking appropriate action including,
when necessary, furnishing or requesting additional
services, and
d. the I/T/U facility incorporating the patient's
information in the medical record through the
statewide health information exchange or other agreed-
upon means.
E. The Oklahoma Health Care Authority Board is authorized to
promulgate administrative rules and to enter into contractual
agreements with I/T/U facilities as needed to effectuate the
provisions of this act. As part of the rulemaking process, the
Authority shall comply with the Tribal Consultation Requirements
provided by the Medicaid State Plan.
F. The Authority shall promptly seek any necessary federal
approval for the implementation of this act. In the event that any
necessary federal approval is not obtained, or in the event funding
of Oklahoma Medicaid from state, federal or other sources is
withdrawn, reduced or limited in any way that affects implementation
of the I/T/U Shared Savings Program, the I/T/U Shared Savings
Program may be terminated immediately by the Authority, and no court
or tribunal shall have jurisdiction to review such termination.
Added by Laws 2021, c. 568, § 1, eff. July 1, 2021.
§63-5061.2. I/T/U Shared Savings Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Health Care Authority to be designated the
"I/T/U Shared Savings Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
Oklahoma Statutes - Title 63. Public Health and Safety Page 1762
consist of all monies received by the Authority pursuant to this act
and otherwise specified or authorized by law.
All monies accruing to the credit of the fund are hereby
appropriated and shall be budgeted and expended by the Authority to
increase Medicaid provider rates, unless otherwise provided by law.
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.
B. An annual report shall be prepared by the Authority's Chief
Financial Officer and shall be submitted to the Governor, the
President Pro Tempore of the Senate and the Speaker of the House of
Representatives no later than thirty (30) days following the end of
each State Fiscal Year. The annual report shall account for:
1. The savings realized by the Authority as a result of the
I/T/U Shared Savings Program;
2. The administrative costs incurred by the Authority as a
result of the I/T/U Shared Savings Program;
3. The monies distributed to participating I/T/U facilities as
a result of I/T/U Shared Savings Program including, but not limited
to, a summary of all specific distributions;
4. The balance of savings realized by the Authority as a result
of the I/T/U Shared Savings Program and accruing to the credit of
the fund after payment of administrative costs and distributions to
participating I/T/U facilities; and
5. The monies expended on increasing Medicaid provider rates
including, but not limited to, identification of the types of
providers affected and the percentage by which the providers' rates
were increased.
Added by Laws 2021, c. 568, § 2, eff. July 1, 2021.
§63-5071. Medicaid provider enrollment and credentialing process.
The Oklahoma Health Care Authority shall establish and maintain
for providers of Medicaid services:
1. A provider enrollment and credentialing process for
providers who receive fee-for-service reimbursement under the state
Medicaid program; and
2. A single consolidated provider enrollment and credentialing
process, in accordance with subsection D of Section 4002.4 of Title
56 of the Oklahoma Statutes and 42 C.F.R., Section 438.214, for
providers who enter into capitated contracts with contracted
entities under the Ensuring Access to Medicaid Act.
Added by Laws 2023, c. 253, § 2, eff. Nov. 1, 2023.
§63-6101. Short title.
This act may be cited as the “Catastrophic Health Emergency
Powers Act”.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1763
Added by Laws 2003, c. 473, § 1.
§63-6102. Legislative findings.
The Oklahoma Legislature finds that:
1. The government must do more to protect the health, safety,
and general well-being of its citizens during a catastrophic health
emergency;
2. New and emerging dangers, including emergent and resurgent
infectious diseases and incidents of civilian mass casualties, pose
serious and immediate threats during a catastrophic health
emergency;
3. A renewed focus on the prevention, detection, management,
and containment of catastrophic health emergencies is needed;
4. Catastrophic health emergency threats, including those
caused by nuclear, biological or chemical events, may require the
exercise of extraordinary government powers and functions;
5. This state must have the ability to respond, rapidly and
effectively, to potential or actual catastrophic health emergencies;
6. The exercise of catastrophic health emergency powers must
promote the common good;
7. Catastrophic emergency health powers must be grounded in a
thorough scientific understanding of public health threats and
disease transmission;
8. Guided by principles of justice and antidiscrimination, it
is the duty of this state to act with fairness and tolerance towards
individuals and groups during catastrophic health emergencies;
9. The rights of people to liberty, bodily integrity, and
privacy must be respected to the fullest extent possible consistent
with maintaining and preserving the health and security of the
public during a catastrophic health emergency;
10. This act is necessary to protect the health and safety of
the citizens of this state during a catastrophic health emergency;
and
11. The provisions of Sections 9 through 25 of this act shall
only be activated upon the occurrence of a catastrophic health
emergency.
Added by Laws 2003, c. 473, § 2.
§63-6103. Purposes.
The purposes of the Catastrophic Health Emergency Powers Act
are:
1. To require the development of a comprehensive plan to
provide for a coordinated, appropriate response in the event of a
catastrophic health emergency;
2. To authorize the reporting and collection of data and
records, the management of property, the protection of persons, and
access to communications during a catastrophic health emergency;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1764
3. To facilitate the early detection of a catastrophic health
emergency, and allow for immediate investigation of such a
catastrophic health emergency by granting access to health
information of individuals under specified circumstances;
4. To grant state and local officials the authority during a
catastrophic health emergency to provide care, treatment, and
vaccination to persons who are ill or who have been exposed to
transmissible diseases, and to separate affected individuals from
the population at large to interrupt disease transmission;
5. To ensure during a catastrophic health emergency that the
needs of infected or exposed persons are properly addressed to the
fullest extent possible, given the primary goal of controlling
serious health threats; and
6. To provide, during a catastrophic health emergency, state
and local officials with the ability to prevent, detect, manage, and
contain health threats without unduly interfering with civil rights
and liberties.
Added by Laws 2003, c. 473, § 3.
§63-6104. Definitions.
As used in the Catastrophic Health Emergency Powers Act:
1. “Bioterrorism” means the intentional use of any
microorganism, virus, infectious substance, or biological product
that may be engineered as a result of biotechnology, or any
naturally occurring or bioengineered component of any such
microorganism, virus, infectious substance, or biological product,
to cause death, disease, or other biological malfunction in a human,
an animal, a plant, or another living organism in order to influence
the conduct of government or to intimidate or coerce a civilian
population;
2. “Catastrophic health emergency” means an occurrence of
imminent threat of an illness or health condition that:
a. is believed to be caused by any of the following:
(1) a nuclear attack,
(2) bioterrorism,
(3) a chemical attack, or
(4) the appearance of a novel or previously
controlled or eradicated infectious agent or
biological toxin, and
b. poses a high probability of any of the following
harms:
(1) a large number of deaths in the affected
population,
(2) a large number of serious or long-term
disabilities in the affected population, or
(3) widespread exposure to an infectious or toxic
agent that poses a significant risk of
Oklahoma Statutes - Title 63. Public Health and Safety Page 1765
substantial future harm to a large number of
people in the affected population;
3. “Chain of custody” means the methodology of tracking
specimens for the purpose of maintaining control and accountability
from initial collection to final disposition of the specimens and
providing for accountability at each stage of collecting, handling,
testing, storing, and transporting the specimens and reporting test
results;
4. “Contaminated waste” means:
a. “biological waste”, which includes blood and blood
products, excretions, exudates, secretions, suctioning
and other body fluids, and waste materials saturated
with blood or body fluids,
b. “cultures and stocks”, which includes etiologic agents
and associated biologicals, including specimen
cultures and dishes and devices used to transfer,
inoculate, and mix cultures, wastes from production of
biologicals and serums, and discarded live and
attenuated vaccines,
c. “pathological waste”, which includes biopsy materials
and all human tissues, anatomical parts that emanate
from surgery, obstetrical procedures, necropsy or
autopsy and laboratory procedures, and animal
carcasses exposed to pathogens in research and the
bedding and other waste from such animals, but does
not include teeth or formaldehyde or other
preservative agents, and
d. “sharps”, which includes needles, intravenous (IV)
tubing with needles attached, scalpel blades, lancets,
breakable glass tubes, and syringes that have been
removed from their original sterile containers;
5. “Health care facility” means any nonfederal institution,
building, or agency or portion thereof, whether public or private or
for profit or nonprofit, that is used, operated, or designed to
provide health services, medical treatment, or nursing,
rehabilitative, or preventive care to any person or persons. This
includes, but is not limited to: ambulatory surgical facilities,
hospitals, infirmaries, intermediate care facilities, kidney
dialysis centers, long-term care facilities, mental health centers,
outpatient facilities, public health centers, rehabilitation
facilities, residential treatments facilities, skilled nursing
facilities, special care facilities, medical laboratories, and adult
day-care centers. This also includes, but is not limited to, the
following related property when used for or in connection with the
foregoing: laboratories; research facilities; pharmacies; laundry
facilities; health personnel training and lodging facilities;
patient, guest, and health personnel food service facilities; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1766
offices and office buildings for persons engaged in health care
professions or services;
6. “Health care provider” means any person or entity who
provides health care services including, but not limited to,
physicians, pharmacists, dentists, physician assistants, nurse
practitioners, registered and other nurses, paramedics, emergency
medical or laboratory technicians, and ambulance and emergency
medical workers;
7. “Infectious disease” means a disease caused by a living
organism or other pathogen, including a fungus, bacillus, parasite,
protozoan, or virus. An infectious disease may, or may not, be
transmissible from person to person, animal to person, or insect to
person;
8. “Isolation” means the physical separation and confinement of
an individual or groups of individuals who are infected or
reasonably believed to be infected with a transmissible or possibly
transmissible disease from nonisolated individuals, to prevent or
limit the transmission of the disease to nonisolated individuals;
9. “Mental health support personnel” means, but is not limited
to, psychiatrists, psychologists, social workers, and volunteer
crisis counseling groups;
10. “Protected health information” means any information,
whether oral, written, electronic, visual, or any other form, that
relates to the past, present, or future physical or mental health
status, condition, treatment, service, products purchased, or
provision of care of an individual, and that reveals the identity of
the individual whose health care is the subject of the information,
or where there is a reasonable basis to believe such information
could be utilized either alone or with other information that is, or
should reasonably be known to be, available to predictable
recipients of such information to reveal the identity of that
individual;
11. “Public health authority” means the Oklahoma State
Commissioner of Health; or local health department that acts
principally to protect or preserve the health of the public; or any
person directly authorized to act on behalf of the Oklahoma State
Commissioner of Health or local health department;
12. “Public safety authority” means the Commissioner of Public
Safety; or any local government agency that acts principally to
protect or preserve the public safety; or any person directly
authorized to act on behalf of the Commissioner of Public Safety or
local agency;
13. “Quarantine” means the physical separation and confinement
of an individual or groups of individuals, who are or may have been
exposed to a transmissible or possibly transmissible disease and who
do not show signs or symptoms of a transmissible disease, from
Oklahoma Statutes - Title 63. Public Health and Safety Page 1767
nonquarantined individuals, to prevent or limit the transmission of
the disease to nonquarantined individuals;
14. “Specimens” means, but is not limited to, blood, sputum,
urine, stool, other bodily fluids, wastes, tissues, and cultures
necessary to perform required tests;
15. “Tests” means, but is not limited to, any diagnostic or
investigative analyses necessary to prevent the spread of disease or
protect the health, safety, and welfare of the public;
16. “Transmissible disease” means an infectious disease that
can be transmitted from person to person; and
17. “Trial court” means the district court for the area in
which isolation or quarantine is to occur, a court designated by the
Public Health Emergency Plan under the Catastrophic Health Emergency
Powers Act, or to the district court for the area in which a
catastrophic health emergency has been declared.
Added by Laws 2003, c. 473, § 4. Amended by Laws 2007, c. 69, § 2,
eff. Nov. 1, 2007.
§63-6105. Repealed by Laws 2023, c. 207, § 2, eff. Nov. 1, 2023.
§63-6301. Reports required from health care providers, coroners,
medical examiners, or pharmacists.
A. A health care provider, coroner, or medical examiner shall
report all cases of persons who harbor any illness or health
condition that may be potential cause of a catastrophic health
emergency. Reportable illnesses and health conditions include, but
are not limited to, the diseases caused by the biological agents
listed in 42 C.F.R., Section 72, app. A (2000) and any illnesses or
health conditions identified by the public health authority.
B. In addition to the foregoing requirements for health care
providers, a pharmacist shall report any unusual or increased
prescription rates, unusual types of prescriptions, or unusual
trends in pharmacy visits that may be potential causes of a
catastrophic health emergency. Prescription-related events that
require a report include, but are not limited to:
1. An unusual increase in the number of prescriptions or over-
the-counter pharmaceuticals to treat conditions that the public
health authority identifies through regulations;
2. An unusual increase in the number of prescriptions for
antibiotics; and
3. Any prescription that treats a disease that is relatively
uncommon or may be associated with bioterrorism.
C. The report shall be made electronically or in writing within
twenty-four (24) hours to the public health authority. The report
shall include as much of the following information as is available:
the specific illness or health condition that is the subject of the
report; the name of the patient, date of birth, sex, race,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1768
occupation, and current home and work addresses, including city and
county; the name and address of the health care provider, coroner,
or medical examiner and of the reporting individual, if different;
and any other information needed to locate the patient for follow-
up. For cases related to animal or insect bites, the suspected
locating information of the biting animal or insect, and the name
and address of any known owner, shall be reported.
D. Any animal case of a zoonotic disease that is suspected to
be a bioterrorism event or associated with an outbreak shall be
reported to the State Veterinarian. Appropriate clinical specimens
will be required to be rapidly submitted for laboratory
confirmation. The State Veterinarian or State Veterinary Diagnostic
Laboratory Director or a designee will immediately report by
telephone confirmed veterinary cases of public health importance to
the State Department of Health.
E. For the purposes of this section, “health care provider”
shall include out-of-state medical laboratories, provided that the
out-of-state laboratories have agreed to the reporting requirements
of this state. Results must be reported by the laboratory that
performs the test, but an in-state laboratory that sends specimens
to an out-of-state laboratory is also responsible for reporting
results.
F. The public health authority may enforce the provisions of
this section in accordance with existing enforcement rules.
Added by Laws 2003, c. 473, § 6.
§63-6302. Investigations – Identification of exposed individuals –
Closing, evacuation, or decontamination of facilities –
Decontamination or destruction of materials – Enforcement powers.
A. The public health authority shall ascertain the existence of
cases of an illness or health condition that may be potential causes
of a catastrophic health emergency; investigate all such cases for
sources of infection or contamination and to ensure that they are
subject to proper control measures; and define the distribution of
the illness or health condition. To fulfill these duties, the
public health authority shall identify exposed individuals as
follows:
1. Acting on information developed in accordance with Section 6
of this act, or other reliable information, the public health
authority shall identify all individuals thought to have been
exposed to an illness or health condition that may be a potential
cause of a catastrophic health emergency; and
2. The public health authority shall counsel and interview such
individuals where needed to assist in the positive identification of
exposed individuals and develop information relating to the source
and spread of the illness or health condition. Such information
includes the name and address, including city and county, of any
Oklahoma Statutes - Title 63. Public Health and Safety Page 1769
person from whom the illness or health condition may have been
contracted and to whom the illness or health condition may have
spread.
B. The public health authority, for examination purposes, shall
close, evacuate, or decontaminate any facility or decontaminate or
destroy any material when the authority reasonably suspects that
such facility or material may endanger the public health.
C. The public health authority may enforce the provisions of
this section in accordance with existing enforcement rules. An
order of the public health authority given to effectuate the
purposes of this section shall be enforceable immediately by the
public safety authority.
Added by Laws 2003, c. 473, § 7.
§63-6303. Reportable illnesses, health conditions, unusual
clusters, or suspicious events – Duty to notify public health
authorities – Sharing of information.
A. Whenever the public safety authority or other state or local
government agency learns of a case of a reportable illness or health
condition, an unusual cluster, or a suspicious event that may be the
cause of a catastrophic health emergency, it shall immediately
notify the public health authority.
B. Whenever the public health authority learns of a case of a
reportable illness or health condition, an unusual cluster, or a
suspicious event that it reasonably believes has the potential to be
caused by terrorism, it shall immediately notify the public safety
authority, tribal authorities, and federal health and public safety
authorities.
C. Sharing of information on reportable illnesses, health
conditions, unusual clusters, or suspicious events between public
health and safety authorities shall be restricted to the information
necessary for the treatment, control, investigation, and prevention
of a catastrophic health emergency.
Added by Laws 2003, c. 473, § 8.
§63-6401. Governor’s declaration.
A state of catastrophic health emergency may be declared by the
Governor upon the occurrence of a "catastrophic health emergency" as
defined in paragraph 2 of Section 4 of this act. Prior to such a
declaration, the Governor shall consult with the public health
authority and may consult with any additional public health or other
experts as needed.
Added by Laws 2003, c. 473, § 9.
§63-6402. Executive order.
A state of catastrophic health emergency shall be declared by an
executive order that specifies:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1770
1. The nature of the catastrophic health emergency;
2. The political subdivisions or geographic areas subject to
the declaration;
3. The conditions that have brought about the catastrophic
health emergency;
4. The duration of the state of the catastrophic health
emergency, if less than thirty (30) days; and
5. The primary public health authority responding to the
catastrophic health emergency.
Added by Laws 2003, c. 473, § 10.
§63-6403. Activation of disaster response and recovery aspects of
emergency plans – Powers of Governor.
A. The declaration of a state of catastrophic health emergency
shall activate the disaster response and recovery aspects of the
state, local, and inter-jurisdictional disaster emergency plans in
the affected political subdivisions or geographic areas. Such
declaration authorizes the deployment and use of any forces to which
the plans apply and the use or distribution of any supplies,
equipment, and materials and facilities assembled, stockpiled, or
available pursuant to this act.
B. During a state of catastrophic health emergency, the
Governor may:
1. Suspend the provisions of any regulatory statute prescribing
procedures for conducting state business, or the orders and rules of
any state agency, to the extent that strict compliance with the same
would prevent, hinder, or delay necessary action (including
emergency purchases) by the public health authority to respond to
the catastrophic health emergency, or increase the health threat to
the population;
2. Utilize all available resources of the state government and
its political subdivisions, as reasonably necessary to respond to
the catastrophic health emergency;
3. Transfer the direction, personnel, or functions of state
departments and agencies in order to perform or facilitate response
and recovery programs regarding the catastrophic health emergency;
4. Mobilize all or any part of the National Guard into service
of the state. An order directing the National Guard to report for
active duty shall state the purpose for which it is mobilized and
the objectives to be accomplished;
5. Provide aid to and seek aid from other states during the
catastrophic health emergency in accordance with any interstate
emergency compact made with this state; and
6. Seek aid from the federal government for the catastrophic
health emergency in accordance with federal programs or
requirements.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1771
C. The public health authority shall coordinate all matters
pertaining to the catastrophic health emergency response of the
state. The public health authority shall have primary jurisdiction,
responsibility, and authority for:
1. Planning and executing catastrophic health emergency
assessment, mitigation, preparedness response, and recovery for the
state;
2. Coordinating catastrophic health emergency response between
state and local authorities during a catastrophic health emergency;
3. Collaborating with relevant federal government authorities,
elected officials of other states, private organizations or
companies during a catastrophic health emergency;
4. Coordinating recovery operations and mitigation initiatives
subsequent to catastrophic health emergencies; and
5. Organizing public information activities regarding
catastrophic health emergency response operations.
D. After the declaration of a state of catastrophic health
emergency, special identification for all public health personnel
working during the catastrophic health emergency shall be issued as
soon as possible. The identification shall indicate the authority
of the bearer to exercise public health functions and emergency
powers during the state of catastrophic health emergency. Public
health personnel shall wear the identification in plain view.
Added by Laws 2003, c. 473, § 11.
§63-6404. Enforcement of public health authority orders –
Assistance from public safety authority.
During a state of catastrophic health emergency, the public
health authority may request assistance in enforcing orders pursuant
to this act from the public safety authority. The public safety
authority may request assistance from the National Guard in
enforcing the orders of the public health authority.
Added by Laws 2003, c. 473, § 12.
§63-6405. Termination of declaration of emergency by executive
order – Special Session of State Legislature.
A. The Governor shall terminate the declaration of a state of
catastrophic health emergency by executive order upon finding that
the occurrence of the condition that caused the catastrophic health
emergency no longer poses a high probability of a large number of
deaths in the affected population, a large number of incidents of
serious permanent or long-term disability in the affected
population, or a significant risk of substantial future harm to a
large number of people in the affected population.
B. Notwithstanding any other provision of the Catastrophic
Health Emergency Powers Act, the declaration of a state of
catastrophic health emergency shall be terminated automatically
Oklahoma Statutes - Title 63. Public Health and Safety Page 1772
after thirty (30) days unless renewed by the Governor under the same
standards and procedures set forth in this act. Any such renewal
shall also be terminated automatically after thirty (30) days unless
renewed by the Governor under the same standards and procedures set
forth in the Catastrophic Health Emergency Powers Act.
C. If the Governor declares a catastrophic health emergency,
the State Legislature shall automatically be called into Special
Session at 8:00 a.m. on the morning of the second day following the
date of such declaration for the purpose of concurring with or
terminating the catastrophic health emergency. The State
Legislature by concurrent resolution may terminate a state of
catastrophic health emergency at any time. Thereupon, the Governor
shall by appropriate action end the state of catastrophic health
emergency. Such termination by the State Legislature shall override
any renewal by the Governor.
D. All orders or legislative actions terminating the
declaration of a state of catastrophic health emergency shall
indicate the nature of the emergency, the area or areas threatened,
and the conditions that make possible the termination of the
declaration.
Added by Laws 2003, c. 473, § 13.
§63-6406. Short title - COVID-19 Public Health Emergency Limited
Liability Act – Purpose – Liability limitations.
A. This act shall be known and may be cited as the "COVID-19
Public Health Emergency Limited Liability Act".
B. For purposes of the COVID-19 Public Health Emergency Limited
Liability Act:
1. "COVID-19 public health emergency" means any emergency
declared by the Governor of Oklahoma related to COVID-19, including
but not limited to the emergency declared by the Governor by
Executive Order 2020-07, and any amendments thereto, under the
Oklahoma Emergency Management Act of 2003, Section 683.1 et seq. of
Title 63 of the Oklahoma Statutes, beginning on March 15, 2020, and
the health emergency declared by the Governor by Executive Order
2020-13, and any amendments thereto, under the Catastrophic Health
Emergency Powers Act, Section 6101 et seq. of Title 63 of the
Oklahoma Statutes, beginning on April 8, 2020;
2. "Health care facility" and "health care provider" shall have
the same meaning as such terms are defined as provided in Section
6104 of Title 63 of the Oklahoma Statutes; and
3. "Health care services" means any services provided by a
health care facility, health care provider, or by an individual
working under the supervision of a health care facility or provider,
that relate to the diagnosis, assessment, prevention, treatment,
aid, shelter, assistance, or care of illness, disease, injury, or
condition.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1773
C. A health care facility or health care provider shall be
immune from civil liability for any loss or harm to a person with a
suspected or confirmed diagnosis of COVID-19 caused by an act or
omission by the facility or provider that occurs during the COVID-19
public health emergency, if:
1. The act or omission occurred in the course of arranging for
or providing COVID-19 health care services for the treatment of the
person who was impacted by the decisions, activities or staffing of,
or the availability or capacity of space or equipment by, the health
care facility or provider in response to or as a result of the
COVID-19 public health emergency; and
2. The act or omission was not the result of gross negligence
or willful or wanton misconduct of the health care facility or
health care provider rendering the health care services.
D. In no event shall this act be construed to grant immunity
from civil liability for an act or omission in the provision of
health care services to a person who did not have a suspected or
confirmed diagnosis of COVID-19 at the time of the services.
E. This act shall apply to any civil action filed on or after
the effective date of this act. The provisions of this act shall be
in effect until October 31, 2020, or until such time as the Governor
affirmatively concludes the emergency declarations specified in
paragraph 1 of subsection B of this section, whichever is later.
Added by Laws 2020, c. 12, § 1, emerg. eff. May 12, 2020.
§63-6501. Safe disposal of contaminated waste – Powers of public
health authority.
A. The public health authority may exercise, for such period as
the state of catastrophic health emergency exists, the following
powers regarding the safe disposal of contaminated waste:
1. To adopt and enforce measures to provide for the safe
disposal of contaminated waste as may be reasonable and necessary to
respond to the catastrophic health emergency. Such measures may
include, but are not limited to, the collection, storage, handling,
destruction, treatment, transportation, and disposal of contaminated
waste; and
2. To require any business or facility authorized to collect,
store, handle, destroy, treat, transport, and dispose of
contaminated waste under the laws of this state, and any landfill
business or other such property, to accept contaminated waste, or
provide services or the use of the business, facility, or property
if such action is reasonable and necessary to respond to the
catastrophic health emergency as a condition of licensure,
authorization, or the ability to continue doing business in the
state as such a business or facility. The use of the business,
facility, or property may include transferring the management and
supervision of such business, facility, or property to the public
Oklahoma Statutes - Title 63. Public Health and Safety Page 1774
health authority for a period of time, which shall not exceed the
termination of the declaration of a state of catastrophic health
emergency.
B. All bags, boxes, or other containers for contaminated waste
shall be clearly identified as containing contaminated waste and, if
known, the type of contaminated waste.
Added by Laws 2003, c. 473, § 14.
§63-6502. Safe disposal of human remains – Powers of public health
authority – Identification and written record.
A. The public health authority may exercise, for such period as
the state of catastrophic health emergency exists, the following
powers regarding the safe disposal of human remains:
1. To adopt and enforce measures to provide for the safe
disposal of human remains as may be reasonable and necessary to
respond to the catastrophic health emergency. Such measures may
include, but are not limited to, the embalming, burial, cremation,
interment, disinterment, transportation, and disposal of human
remains;
2. To take possession or control of any human remains; and
3. To order the disposal of any human remains of a person who
has died of a transmissible disease through burial or cremation
within twenty-four (24) hours after death. To the extent possible,
religious, cultural, family, and individual beliefs of the deceased
person or the family of the deceased person shall be considered when
disposing of any human remains.
B. Any human remains prior to disposal shall be clearly labeled
with all available information to identify the decedent and the
circumstances of death. Any human remains of a deceased person with
a transmissible disease shall have an external, clearly visible tag
indicating that the human remains are infected and, if known, the
transmissible disease.
C. Every person in charge of disposing of any human remains
during a catastrophic health emergency shall maintain a written or
electronic record of the human remains and all available information
to identify the decedent and the circumstances of death and
disposal. If human remains cannot be identified prior to disposal,
a qualified person shall, to the extent possible, take fingerprints
and photographs of the human remains, obtain identifying dental
information, and collect a DNA specimen. All information gathered
under this subsection shall be promptly forwarded to the public
health authority.
Added by Laws 2003, c. 473, § 15.
§63-6503. Pharmaceutical agents and medical supplies – Purchase and
distribution by public health authority - Regulation of use, sale,
dispensing, distribution or transportation – Hoarding.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1775
A. The public health authority may purchase and distribute
antitoxins, serums, vaccines, immunizing agents, antibiotics, and
other pharmaceutical agents or medical supplies that it deems
advisable in the interest of preparing for or controlling a
catastrophic health emergency, without any additional legislative
authorization.
B. If a catastrophic health emergency results in a statewide or
regional shortage or threatened shortage of any product under
subsection A of this section, whether or not such product has been
purchased by the public health authority, the public health
authority may control, restrict, and regulate by rationing and using
quotas, prohibitions on shipments, allocation, or other means, the
use, sale, dispensing, distribution, or transportation of the
relevant product necessary to protect the public health, safety, and
welfare of the people of the state during the catastrophic health
emergency.
C. In making rationing or other supply and distribution
decisions, the public health authority may give preference to health
care providers, disaster response personnel, and mortuary staff.
D. During a state of catastrophic health emergency, the public
health authority may procure, store, or distribute any antitoxins,
serums, vaccines, immunizing agents, antibiotics, and other
pharmaceutical agents or medical supplies located within the state
as may be reasonable and necessary to respond to the catastrophic
health emergency, with the right to take immediate possession
thereof. If a catastrophic health emergency simultaneously affects
more than one state, nothing in this section shall be construed to
allow the public health authority to obtain antitoxins, serums,
vaccines, immunizing agents, antibiotics, and other pharmaceutical
agents or medical supplies for the primary purpose of hoarding such
items or preventing fair and equitable distribution among affected
states.
Added by Laws 2003, c. 473, § 16.
§63-6504. Civil proceedings relating to destruction of property.
To the extent practicable consistent with the protection of
public health, prior to the destruction of any property under the
Catastrophic Health Emergency Powers Act, the public health
authority shall institute appropriate civil proceedings against the
property to be destroyed in accordance with the existing laws and
rules of the courts of this state or any such rules that may be
developed by the courts for use during a state of catastrophic
health emergency. Any property acquired by the public health
authority through such proceedings shall, after entry of the decree,
be disposed of by destruction as the court may direct.
Added by Laws 2003, c. 473, § 17.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1776
§63-6601. Prevention of utilization of nuclear, biological or
chemical agents – Proper control and treatment of transmissible
diseases – Duty of public health authority.
During a state of catastrophic health emergency, the public
health authority shall use every available means to prevent the
utilization of nuclear, biological, or chemical agents, and to
otherwise ensure that all cases of transmissible disease are subject
to proper control and treatment.
Added by Laws 2003, c. 473, § 18.
§63-6602. Repealed by Laws 2009, c. 78, § 14, eff. Nov. 1, 2009,
and by Laws 2013, 1st Ex. Sess., c. 3, § 2, emerg. eff. Sept. 10,
2013.
§63-6701. Provision of information to general public.
A. The public health authority shall inform the people of the
state when a state of catastrophic health emergency has been
declared or terminated, how to protect themselves during a state of
catastrophic health emergency, and what actions are being taken to
control the catastrophic health emergency.
B. The public health authority shall provide information by all
available and reasonable means calculated to bring the information
promptly to the attention of the general public.
C. If the public health authority has reason to believe there
are large numbers of people of the state who lack sufficient skills
in English to understand the information, the public health
authority shall make reasonable efforts to provide the information
in the primary languages of those people as well as in English.
D. The provision of information shall be made in a manner
accessible to individuals with disabilities.
Added by Laws 2003, c. 473, §20.
§63-6702. Provision of information about and referrals to mental
health support personnel.
During and after the declaration of a state of catastrophic
health emergency, the public health authority shall provide
information about and referrals to mental health support personnel
to address psychological responses to the catastrophic health
emergency.
Added by Laws 2003, c. 473, § 21.
§63-6801. Enforcement of provisions of act – Rules – Fines and
penalties – Orders and other remedies.
The public health authority and other affected agencies are
authorized to promulgate and implement rules as are reasonable and
necessary to implement and effectuate the provisions of the
Catastrophic Health Emergency Powers Act. The public health
Oklahoma Statutes - Title 63. Public Health and Safety Page 1777
authority and other affected agencies shall have the power to
enforce the provisions of the Catastrophic Health Emergency Powers
Act through the imposition of fines and penalties, the issuance of
orders, and any other remedies as are provided by law, but nothing
in this section shall be construed to limit specific enforcement
powers enumerated in the Catastrophic Health Emergency Powers Act.
Added by Laws 2003, c. 473, § 22.
§63-6802. Transfer of monies from state funds – Conditions.
A. During a catastrophic health emergency, the Governor may
transfer from any fund available to the Governor in the State
Treasury sums of money as may be necessary during a state of
catastrophic health emergency.
B. Monies so transferred shall be repaid to the fund from which
they were transferred when monies become available for that purpose,
by legislative appropriation or otherwise.
C. A transfer of funds by the Governor under the provisions of
this section may be made only when one or more of the following
conditions exist:
1. No appropriation or other authorization is available to meet
the catastrophic health emergency;
2. An appropriation is insufficient to meet the catastrophic
health emergency; or
3. Federal monies available for such a catastrophic health
emergency require the use of state or other public monies.
D. All expenses incurred by the state during a state of
catastrophic health emergency shall be subject to the following
limitations:
1. No expense shall be incurred against the monies authorized
under this section, without the general approval of the Governor;
2. The aggregate amount of all expenses incurred pursuant to
this section shall not exceed Fifty Million Dollars ($50,000,000.00)
for any fiscal year; and
3. Monies authorized for a state of catastrophic health
emergency in prior fiscal years may be used in subsequent fiscal
years only for the catastrophic health emergency for which they were
authorized. Monies authorized for a catastrophic health emergency
in prior fiscal years, and expended in subsequent fiscal years for
the catastrophic health emergency for which they were authorized,
apply toward the fifty-million-dollar expense limit for the fiscal
year in which they were authorized.
Added by Laws 2003, c. 473, § 23.
§63-6803. Preemption.
The Catastrophic Health Emergency Powers Act does not explicitly
preempt other laws or rules that preserve to a greater degree the
powers of the Governor or public health authority, provided the laws
Oklahoma Statutes - Title 63. Public Health and Safety Page 1778
or rules are consistent, and do not otherwise restrict or interfere,
with the operation or enforcement of the provisions of the
Catastrophic Health Emergency Powers Act.
Added by Laws 2003, c. 473, § 24.
§63-6804. Compliance with federal law and regulations – Conflict of
laws – Predesignation of hospitals.
A. The Catastrophic Health Emergency Powers Act does not
restrict any person from complying with federal law or regulations.
Any disclosure by a health care provider or other covered entity of
information or data which is protected health information under the
provisions of the Health Insurance Portability and Accountability
Act of 1996 (“HIPPA”), Public Law 104-191, and which disclosure is
occasioned or otherwise caused by the exercise of any emergency
powers pursuant to the Catastrophic Health Emergency Powers Act,
shall be deemed a disclosure for “Uses and Disclosures Required by
Law”, as defined by 45 C.F.R., Section 164.512(a), and for “Uses and
Disclosures for Public Health Activities”, as defined by 45 C.F.R.,
Section 164.512(b).
B. During a catastrophic health emergency, in the event of a
conflict between the Catastrophic Health Emergency Powers Act and
other state or local laws or rules concerning public health powers,
the provisions of the Catastrophic Health Emergency Powers Act
apply.
C. Nothing in the Catastrophic Health Emergency Powers Act
shall imply the predesignation of hospitals.
Added by Laws 2003, c. 473, § 25.
§63-6900. Grant programs for administration of National Hospital
Preparedness Program.
A. The State Commissioner of Health shall develop grant
programs for private, nonprofit and public entities for the purpose
of administering the National Hospital Preparedness Program (HPP).
For purposes of this section, the “National Hospital Preparedness
Program” or “HPP” means the federal preparedness grant offered
through the U.S. Department of Health and Human Services designed to
improve surge capacity and enhance community and hospital
preparedness for public health emergencies.
B. The selection and awarding of grants, whether in the form of
professional service contracts or any other funding mechanism
developed by the Commissioner, to programs developed pursuant to
this section shall be exempt from the requirements of The Oklahoma
Central Purchasing Act.
C. The Commissioner shall develop a process for awarding grants
to programs developed pursuant to this section. Such process for
selection shall not be required for contracts awarded for program
support services, including, but not limited to, professional
Oklahoma Statutes - Title 63. Public Health and Safety Page 1779
service contracts to evaluate, audit or provide budgeting,
accounting, auditing or legal services for specific programs or
program grantees, contractors or participants.
Added by Laws 2009, c. 141, § 1, eff. Nov. 1, 2009.
§63-7002. Sale, etc. of human or synthetic urine or of adulterants
– Violation – Penalty.
A. It is unlawful for a person to:
1. Sell, give away, distribute, or market human or synthetic
urine in this state or transport human or synthetic urine into this
state with the intent of using the urine to defraud or cause
deceitful results in a urine, drug, or alcohol screening test;
2. Attempt to foil or defeat a urine, drug, or alcohol
screening test by the substitution or spiking of a urine sample;
3. Advertise for sale any product designed to foil or defeat a
urine, drug, or alcohol screening test;
4. Adulterate a urine or other bodily fluid sample with the
intent to defraud or cause deceitful results in a urine, drug, or
alcohol screening test;
5. Possess adulterants which are intended to be used to
adulterate a urine or other bodily fluid sample for the purpose of
defrauding or causing deceitful results in a urine, drug, or alcohol
screening test; or
6. Sell or market an adulterant with the intent by the seller
or marketer that the product be used to adulterate a urine or other
bodily fluid sample for the purpose of defrauding or causing
deceitful results in a urine, drug, or alcohol screening test.
B. Intent to defraud or cause deceitful results in a urine,
drug, or alcohol screening test is presumed if:
1. A heating element or any other device used to thwart a drug
screening test accompanies the sale, giving, distribution, or
marketing of urine; or
2. Instructions that provide a method for thwarting a drug
screening test accompany the sale, giving, distribution, or
marketing of urine.
C. As used in this section, “adulterant” means a substance that
is not expected to be in human urine or a substance expected to be
present in human urine but that is at a concentration so high that
it is not consistent with human urine, including, but not limited
to:
1. Bleach;
2. Chromium;
3. Creatinine;
4. Detergent;
5. Glutaraldehyde;
6. Glutaraldehyde/squalene;
7. Hydrochloric acid;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1780
8. Hydroiodic acid;
9. Iodine;
10. Nitrite;
11. Peroxidase;
12. Potassium dichromate;
13. Potassium nitrite;
14. Pyridinium chlorochromate; and
15. Sodium nitrite.
D. Any person convicted of violating any of the provisions of
subsection A of this section shall be guilty of a misdemeanor and
shall be sentenced to a term of imprisonment in the county jail for
a period of not more than one (1) year or a fine of not more than
One Thousand Dollars ($1,000.00), or both such imprisonment and
fine.
Added by Laws 2004, c. 59, § 6, emerg. eff. April 6, 2004.
§63-7100.1. Short title.
Sections 1 through 7 of this act shall be known and may be cited
as the “Oklahoma Health Information Exchange Act”.
Added by Laws 2008, c. 305, § 1, emerg. eff. June 2, 2008.
§63-7100.2. Legislative findings - Purpose.
A. The Legislature finds that the exchange of health
information in Oklahoma has been impeded as a result of:
1. Confusion about the proper application of federal and state
privacy and privilege law; and
2. Concern regarding potential liability for violations of such
laws.
B. The purpose of this act is to:
1. Set forth a standard process for authorizing the exchange of
health information in compliance with federal and state law; and
2. Ensure immunization from liability under state law for
exchanges of health information in accordance with the standard
process.
Added by Laws 2008, c. 305, § 2, emerg. eff. June 2, 2008.
§63-7100.3. Definitions.
As used in the Oklahoma Health Information Exchange Act:
1. “Board” means the State Board of Health;
2. “Health information” means information, regardless of source
or form, that:
a. includes demographic information collected from an
individual,
b. relates to the past, present or future physical or
mental health or condition of an individual; the
provision of health care to an individual; or the
Oklahoma Statutes - Title 63. Public Health and Safety Page 1781
past, present or future payment for the provision of
health care to an individual, or
c. identifies the individual or from which there is a
reasonable basis to believe the information can be
used to identify the individual; and
3. “Health care entity” means:
a. a health plan that, either as an individual or group,
provides for, or pays the cost of, medical care,
b. a health care provider that offers or renders medical
or health services, or
c. any further individual or association defined as a
covered entity under 45 C.F.R., Section 160.103.
Added by Laws 2008, c. 305, § 3, emerg. eff. June 2, 2008.
§63-7100.4. Authorization form for exchange of health information -
Instructions.
A. The State Board of Health shall adopt and distribute a
standard authorization form and accompanying instructions for use in
obtaining authorization for the exchange of health information.
B. The authorization form adopted and distributed by the Board
shall comply with all applicable federal and state privacy and
privilege laws.
Added by Laws 2008, c. 305, § 4, emerg. eff. June 2, 2008.
§63-7100.5. Acceptance and use of form.
A. A health care entity shall accept the authorization form
adopted and distributed by the State Board of Health as a valid
authorization for the exchange of health information.
B. A health care entity is not required under this act to use
the authorization form adopted and distributed by the Board.
Added by Laws 2008, c. 305, § 5, emerg. eff. June 2, 2008.
§63-7100.6. Immunity from liability.
Persons exchanging health information under the authorization
form adopted and distributed by the State Board of Health pursuant
to Section 4 of this act, when used in accordance with the
instructions of the Board, shall be immunized from liability in
actions based upon state privacy or privilege law that may be
claimed to arise from the exchange of such information.
Added by Laws 2008, c. 305, § 6, emerg. eff. June 2, 2008.
§63-7100.7. Information exchange not a violation or waiver of
privilege protected by law.
The exchange of health information under the authorization form
adopted and distributed by the State Board of Health shall not be
deemed to have violated or waived any privilege protected under the
statutory or common law of this state.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1782
Added by Laws 2008, c. 305, § 7, emerg. eff. June 2, 2008.
§63-7200.1. Short title.
This act shall be known and may be cited as the “Oklahoma Sleep
Diagnostic Testing Regulation Act”.
Added by Laws 2009, c. 360, § 1.
§63-7200.2. Legislative findings.
The Oklahoma Legislature hereby finds that:
1. There is a growing need for sleep diagnostic testing in the
diagnosis and treatment of sleep disorders;
2. Sleep diagnostic testing is being performed in Oklahoma; and
3. Oklahoma law does not provide sufficient regulation of sleep
diagnostic testing to assure the protection of the public.
Therefore, there is a need to provide legislation to enable the
appropriate entities to regulate persons performing sleep diagnostic
testing on the citizens of this state.
Added by Laws 2009, c. 360, § 2.
§63-7200.3. Definitions.
As used in the Oklahoma Sleep Diagnostic Testing Regulation Act:
1. “Advanced practice nurse” means a person licensed to
practice as an advanced practice nurse by the Oklahoma Board of
Nursing pursuant to the Oklahoma Nursing Practice Act;
2. “Interpreting physician” means a physician who provides
professional interpretation of data generated by sleep diagnostic
tests. An interpreting physician shall be board-certified in sleep
medicine by the American Board of Sleep Medicine (ABSM) or the
American Board of Medical Specialties or must have completed a one-
year sleep medicine fellowship accredited by the Accreditation
Council for Graduate Medical Education (ACGME) or received a
Certification of Special Qualifications (CSQ) or a Certification of
Added Qualifications (CAQ) in Sleep Medicine issued by the American
Osteopathic Association;
3. “Physician” means a person licensed to practice:
a. allopathic medicine and surgery by the State Board of
Medical Licensure and Supervision pursuant to the
Oklahoma Allopathic Medical and Surgical Licensure and
Supervision Act, or
b. osteopathic medicine by the State Board of Osteopathic
Examiners pursuant to the Oklahoma Osteopathic
Medicine Act;
4. “Physician assistant” means a person licensed to practice as
a physician assistant by the State Board of Medical Licensure and
Supervision pursuant to the Physician Assistant Act;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1783
5. “Sleep diagnostic test” means any technological recording
procedure used for the diagnosis of sleep-related breathing
disorders or other disorders of sleep;
6. “Sleep diagnostic testing facility” means a building or
place situated in a fixed location or a mobile entity that is used
to conduct sleep diagnostic tests and includes sleep disorder
centers and laboratories for sleep-related breathing disorders, but
does not include a hospital that conducts sleep diagnostic tests for
its patients, including sleep diagnostic tests performed under
arrangements made by a hospital for its patients whereby the
hospital exercises professional responsibility over the arranged
services; and
7. “Supervising physician” means a physician responsible for
the supervision of the sleep diagnostic testing performed,
including, but not limited to, the quality of the testing performed,
the proper operation and calibration of the equipment used to
perform sleep diagnostic tests and the actions of nonphysician
personnel engaged in the performance of the sleep diagnostic
testing. A supervising physician shall be board-certified in sleep
medicine by the American Board of Sleep Medicine (ABSM) or the
American Board of Medical Specialties or shall have completed a one-
year sleep medicine fellowship accredited by the Accreditation
Council for Graduate Medical Education (ACGME), or received a
Certification of Special Qualifications (CSQ) or a Certification of
Added Qualifications (CAQ) in Sleep Medicine issued by the American
Osteopathic Association.
Added by Laws 2009, c. 360, § 3. Amended by Laws 2010, c. 200, § 1,
eff. Nov. 1, 2010.
§63-7200.4. Ordering and furnishing sleep diagnostic tests -
Facility standards.
A. Sleep diagnostic tests shall be ordered by a physician,
physician assistant or advance practice nurse.
B. Sleep diagnostic tests shall be furnished:
1. By a sleep diagnostic testing facility;
2. By, or under arrangements made by, a hospital for its
patients whereby the hospital exercises professional responsibility
over the arranged services; or
3. In the patient’s home.
C. Sleep diagnostic testing facilities shall meet the following
standards:
1. Sleep diagnostic testing facilities shall be supervised by a
supervising physician as defined by this act;
2. On and after January 1, 2010, sleep diagnostic testing
facilities shall be fully or provisionally certified or accredited
by the American Academy of Sleep Medicine (AASM), the Joint
Commission or the Accreditation Commission for Healthcare (ACHC),
Oklahoma Statutes - Title 63. Public Health and Safety Page 1784
except that the full or provisional certification or accreditation
by AASM, the Joint Commission, or ACHC shall not be required until
June 30, 2010, for any sleep diagnostic testing facility that has
submitted a complete application for certification or accreditation
to AASM, the Joint Commission and/or ACHC on or before December 31,
2009;
3. An interpreting physician shall interpret the data generated
by all sleep diagnostic tests conducted at a sleep diagnostic
testing facility; and
4. Nonphysician personnel conducting sleep diagnostic tests
shall perform their duties under the direction and supervision of
the supervising physician.
D. Sleep diagnostic tests performed in the patient’s home shall
be conducted under the supervision of a supervising physician and
interpreted by an interpreting physician.
Added by Laws 2009, c. 360, § 4.
§63-7200.5. Violations - Enforcement - Promulgation of rules.
A. It shall be unlawful for any facility or person to perform
sleep diagnostic tests without having first complied with this act
or as may otherwise be allowed by applicable law.
B. The State Department of Health is authorized to enforce the
provisions of this act.
C. The State Board of Health shall promulgate rules and
enforcement measures as necessary to implement the provisions of the
Oklahoma Sleep Diagnostic Testing Regulation Act.
Added by Laws 2009, c. 360, § 5. Amended by Laws 2010, c. 200, § 2,
eff. Nov. 1, 2010.
§63-7300. Interstate Health Care Compact.
WHEREAS, the separation of powers, both between the branches of
the Federal government and between Federal and State authority, is
essential to the preservation of individual liberty;
WHEREAS, the Constitution creates a Federal government of
limited and enumerated powers, and reserves to the States or to the
people those powers not granted to the Federal government;
WHEREAS, the Federal government has enacted many laws that have
preempted State laws with respect to Health Care, and placed
increasing strain on State budgets, impairing other responsibilities
such as education, infrastructure, and public safety;
WHEREAS, the Member States seek to protect individual liberty
and personal control over Health Care decisions, and believe the
best method to achieve these ends is by vesting regulatory authority
over Health Care in the States;
WHEREAS, by acting in concert, the Member States may express and
inspire confidence in the ability of each Member State to govern
Health Care effectively; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1785
WHEREAS, the Member States recognize that consent of Congress
may be more easily secured if the Member States collectively seek
consent through an interstate compact.
NOW THEREFORE, the Member States hereto resolve, and by the
adoption into law under their respective State Constitutions of this
Health Care Compact, agree, as follows:
Sec. 1. Definitions.
As used in this Compact, unless the context clearly indicates
otherwise:
1. “Commission” means the Interstate Advisory Health Care
Commission.
2. “Effective Date” means the date upon which this Compact
shall become effective for purposes of the operation of State and
Federal law in a Member State, which shall be the later of:
(a) the date upon which this Compact shall be adopted under the
laws of the Member State, and
(b) the date upon which this Compact receives the consent of
Congress pursuant to Article I, Section 10, of the United States
Constitution, after at least two Member States adopt this Compact.
3. “Health Care” means care, services, supplies, or plans
related to the health of an individual and includes but is not
limited to:
(a) preventive, diagnostic, therapeutic, rehabilitative,
maintenance, or palliative care and counseling, service, assessment,
or procedure with respect to the physical or mental condition or
functional status of an individual or that affects the structure or
function of the body, and
(b) sale or dispensing of a drug, device, equipment, or other
item in accordance with a prescription, and
(c) an individual or group plan that provides, or pays the cost
of, care, services, or supplies related to the health of an
individual, except any care, services, supplies, or plans provided
by the United States Department of Defense and United States
Department of Veterans Affairs, or provided to Native Americans.
4. “Member State” means a State that is signatory to this
Compact and has adopted it under the laws of that State.
5. “Member State Base Funding Level” means a number equal to
the total Federal spending on Health Care in the Member State during
Federal fiscal year 2010. On or before the Effective Date, each
Member State shall determine the Member State Base Funding Level for
its State, and that number shall be binding upon that Member State.
The preliminary estimate of Member State Base Funding Level for the
State of Oklahoma is Ten Billion Three Hundred Forty-four Million.
6. “Member State Current Year Funding Level” means the Member
State Base Funding Level multiplied by the Member State Current Year
Population Adjustment Factor multiplied by the Current Year
Inflation Adjustment Factor.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1786
7. “Member State Current Year Population Adjustment Factor”
means the average population of the Member State in the current year
less the average population of the Member State in Federal fiscal
year 2010, divided by the average population of the Member State in
Federal fiscal year 2010, plus 1. Average population in a Member
State shall be determined by the United States Census Bureau.
8. “Current Year Inflation Adjustment Factor” means the Total
Gross Domestic Product Deflator in the current year divided by the
Total Gross Domestic Product Deflator in Federal fiscal year 2010.
Total Gross Domestic Product Deflator shall be determined by the
Bureau of Economic Analysis of the United States Department of
Commerce.
Sec. 2. Pledge.
The Member States shall take joint and separate action to secure
the consent of the United States Congress to this Compact in order
to return the authority to regulate Health Care to the Member States
consistent with the goals and principles articulated in this
Compact. The Member States shall improve Health Care policy within
their respective jurisdictions and according to the judgment and
discretion of each Member State.
Sec. 3. Legislative Power.
The legislatures of the Member States have the primary
responsibility to regulate Health Care in their respective States.
Sec. 4. State Control.
Each Member State, within its State, may suspend by legislation
the operation of all federal laws, rules, regulations, and orders
regarding Health Care that are inconsistent with the laws and
regulations adopted by the Member State pursuant to this Compact.
Federal and State laws, rules, regulations, and orders regarding
Health Care will remain in effect unless a Member State expressly
suspends them pursuant to its authority under this Compact. For any
federal law, rule, regulation, or order that remains in effect in a
Member State after the Effective Date, that Member State shall be
responsible for the associated funding obligations in its State.
Sec. 5. Funding.
(a) Each Federal fiscal year, each Member State shall have the
right to Federal monies up to an amount equal to its Member State
Current Year Funding Level for that Federal fiscal year, funded by
Congress as mandatory spending and not subject to annual
appropriation, to support the exercise of Member State authority
under this Compact. This funding shall not be conditional on any
action of or regulation, policy, law, or rule being adopted by the
Member State.
(b) By the start of each Federal fiscal year, Congress shall
establish an initial Member State Current Year Funding Level for
each Member State, based upon reasonable estimates. The final
Member State Current Year Funding Level shall be calculated, and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1787
funding shall be reconciled by the United States Congress based upon
information provided by each Member State and audited by the United
States Government Accountability Office.
Sec. 6. Interstate Advisory Health Care Commission.
(a) The Interstate Advisory Health Care Commission is
established. The Commission consists of members appointed by each
Member State through a process to be determined by each Member
State. A Member State may not appoint more than two members to the
Commission and may withdraw membership from the Commission at any
time. Each Commission member is entitled to one vote. The
Commission shall not act unless a majority of the members are
present, and no action shall be binding unless approved by a
majority of the Commission’s total membership.
(b) The Commission may elect from among its membership a
Chairperson. The Commission may adopt and publish bylaws and
policies that are not inconsistent with this Compact. The
Commission shall meet at least once a year, and may meet more
frequently.
(c) The Commission may study issues of Health Care regulation
that are of particular concern to the Member States. The Commission
may make nonbinding recommendations to the Member States. The
legislatures of the Member States may consider these recommendations
in determining the appropriate Health Care policies in their
respective States.
(d) The Commission shall collect information and data to assist
the Member States in their regulation of Health Care, including
assessing the performance of various State Health Care programs and
compiling information on the prices of Health Care. The Commission
shall make this information and data available to the legislatures
of the Member States. Notwithstanding any other provision in this
Compact, no Member State shall disclose to the Commission the health
information of any individual, nor shall the Commission disclose the
health information of any individual.
(e) The Commission shall be funded by the Member States as
agreed to by the Member States. The Commission shall have the
responsibilities and duties as may be conferred upon it by
subsequent action of the respective legislatures of the Member
States in accordance with the terms of this Compact.
(f) The Commission shall not take any action within a Member
State that contravenes any State law of that Member State.
Sec. 7. Congressional Consent.
This Compact shall be effective on its adoption by at least two
Member States and consent of the United States Congress. This
Compact shall be effective unless the United States Congress, in
consenting to this Compact, alters the fundamental purposes of this
Compact, which are:
Oklahoma Statutes - Title 63. Public Health and Safety Page 1788
(a) To secure the right of the Member States to regulate Health
Care in their respective States pursuant to this Compact and to
suspend the operation of any conflicting federal laws, rules,
regulations, and orders within their States; and
(b) To secure Federal funding for Member States that choose to
invoke their authority under this Compact, as prescribed by Section
5 above.
Sec. 8. Amendments.
The Member States, by unanimous agreement, may amend this
Compact from time to time without the prior consent or approval of
Congress and any amendment shall be effective unless, within one
year, the Congress disapproves that amendment. Any State may join
this Compact after the date on which Congress consents to the
Compact by adoption into law under its State Constitution.
Sec. 9. Withdrawal; Dissolution.
Any Member State may withdraw from this Compact by adopting a
law to that effect, but no such withdrawal shall take effect until
six months after the Governor of the withdrawing Member State has
given notice of the withdrawal to the other Member States. A
withdrawing State shall be liable for any obligations that it may
have incurred prior to the date on which its withdrawal becomes
effective. This Compact shall be dissolved upon the withdrawal of
all but one of the Member States.
Added by Laws 2011, c. 267, § 1.
§63-7301. Diabetes prevention reporting.
A. The Oklahoma Health Care Authority and the State Department
of Health shall collaborate to identify benchmarks and develop goals
to reduce the incidence rates of, improve health care services for,
and control complications resulting from diabetes.
B. The Authority and the Department shall submit a report to
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives, and the Governor by January 10 of every fifth year.
Such report shall contain the following information:
1. The fiscal impact of all types of diabetes on the Authority,
the Department, and county health departments including the number
of persons with diabetes receiving services through the Authority,
the Department, and county health departments;
2. The fiscal impact of diabetes on the Authority, the
Department, and county health departments in comparison to other
chronic diseases;
3. An assessment of the benefits of diabetes prevention
programs including a summary of funding directed to the Authority
and the Department from the Legislature;
4. A description of coordination between the Authority and the
Department including, but not limited to, programs relating to the
treatment and prevention of all forms of diabetes;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1789
5. Detailed action plans for battling diabetes with actionable
items for consideration by the Legislature including, but not
limited to, steps to reduce the impact of diabetes, pre-diabetes,
and related diabetes complications;
6. Identification of expected outcomes of the action steps and
benchmarks for controlling and preventing all forms of diabetes; and
7. The development of a detailed budget blueprint identifying
needs, costs, and resources required to implement the plan provided
for in this section. Such blueprint shall include a budget range
for all options presented in the plan for consideration by the
Legislature.
C. In addition to the complete report required by subsection B
of this section, the Authority or the Department shall, to the
extent practicable, provide components of the upcoming report as
listed in subsection B of this section upon request to the President
Pro Tempore of the Senate, the Speaker of the House of
Representatives, and the Governor.
D. The provisions of this section shall be limited to diabetes
information, data, initiatives, and programs within the Authority
and the Department prior to November 1, 2015, unless there is
available funding for diabetes in each agency that may be used for
new research, data collection reporting or other requirements of
this section.
Added by Laws 2015, c. 46, § 1, eff. Nov. 1, 2015. Amended by Laws
2023, c. 328, § 1, eff. Nov. 1, 2023.
§63-7302. Tanning facilities - Age requirement - Posting
requirement.
A. As used in this act:
1. "Phototherapy device" means equipment that emits ultraviolet
radiation and is used in the diagnosis or treatment of disease or
injury;
2. "Tanning device" means equipment that emits electromagnetic
radiation having wavelengths in the air between two hundred (200)
and four hundred (400) nanometers and that is used for tanning of
human skin and any equipment used with that equipment including, but
not limited to, protective eyewear, timers and handrails. For the
purposes of this paragraph, "tanning device" shall not include a
phototherapy device used, or prescribed for use, by a physician;
3. "Tanning facility" means any location, place, area,
structure or business that provides persons access to any tanning
device, including tanning salons, health clubs, apartments and
condominiums, regardless of whether a fee is charged for access to
tanning equipment; and
4. "Operator" means a person designated by the owner of a
tanning facility or tanning device lessee to operate or to assist
Oklahoma Statutes - Title 63. Public Health and Safety Page 1790
and instruct in the operation and use of the tanning facility or
tanning device.
B. It shall be unlawful for any person under eighteen (18)
years of age to use any tanning device of any tanning facility in
this state.
C. A person who is the owner, lessee or operator of a tanning
facility in this state shall post in a conspicuous place in each
tanning facility owned, leased or operated by that person a notice
developed by the State Department of Health that states all of the
following:
1. That it is unlawful for a tanning facility or operator to
allow a person under eighteen (18) years of age to use any tanning
device;
2. That a tanning facility or operator that violates the
provisions of this act shall be subject to a civil penalty;
3. That an individual may report a violation of one or more
provisions of this act to the local law enforcement agency; and
4. The health risks associated with tanning including, but not
limited to, skin cancer, premature aging of skin, burns to the skin
and adverse reactions to certain medications, foods and cosmetics.
D. The State Board of Health shall promulgate rules to
implement the provisions of this act.
Added by Laws 2017, c. 189, § 1, eff. Nov. 1, 2017.
§63-7310. Health insurance plans – Step therapy protocol -
Requirements.
A. As used in this section:
1. "Clinical practice guidelines" means a systematically
developed statement to assist decision-making by healthcare
providers and patients about appropriate healthcare or specific
clinical circumstances and conditions;
2. "Health insurance plan" means any individual or group health
insurance policy, medical service plan, contract, hospital service
corporation contract, hospital and medical service corporation
contract, fraternal benefit society or health maintenance
organization, municipal group-funded pool, the Oklahoma Medicaid
Program and the state health care benefits plan that provides
medical, surgical or hospital expense coverage. For purposes of
this section, "health insurance plan" also includes any utilization
review organization that contracts with a health insurance plan
provider;
3. "Medical necessity" means that, under the applicable
standard of care, a health service or supply is appropriate to
improve or preserve health, life or function, to slow the
deterioration of health, life or function or for the early
screening, prevention, evaluation, diagnosis or treatment of a
disease, condition, illness or injury;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1791
4. "Step therapy protocol" means a protocol or program that
establishes a specific sequence in which prescription drugs for a
specified medical condition that are medically appropriate for a
particular patient are covered by a health insurance plan;
5. "Step therapy exception" means a process by which a step
therapy protocol is overridden in favor of immediate coverage of the
healthcare provider's selected prescription drug;
6. "Utilization review organization" means an entity that
conducts utilization review, not including a health insurance plan
provider performing utilization review for the provider's own health
insurance plan; and
7. "Pharmaceutical sample" means a unit of a prescription drug
that is not intended to be sold and is intended to promote the sale
of the drug.
B. For any health insurance plan that is delivered, issued for
delivery, amended or renewed on or after January 1, 2020, and that
utilizes a step therapy protocol, a health carrier, health benefit
plan or utilization review organization shall use recognized,
evidence-based and peer-reviewed clinical practice guidelines when
establishing any step therapy protocol, when such guidelines are
available.
C. 1. For any health insurance plan that is delivered, issued
for delivery, amended or renewed on or after January 1, 2020, and
that restricts coverage of a prescription drug for the treatment of
any medical condition pursuant to a step therapy protocol, the
health insurance plan provider shall provide to the prescribing
healthcare provider and patient access to a clear, convenient and
readily accessible process to request a step therapy exception. Any
health insurance plan provider that utilizes a step therapy protocol
shall make such process to request a step therapy exception
accessible on the health insurance plan provider's website.
2. A health insurance plan shall grant a requested step therapy
exception if the submitted justification of the prescribing provider
and supporting clinical documentation, if needed, is completed and
supports the statement of the provider that:
a. the required prescription drug is contraindicated or
will likely cause an adverse reaction or physical or
mental harm to the patient,
b. the required prescription drug is expected to be
ineffective based on the known clinical
characteristics of the patient and the known
characteristics of the prescription drug,
c. the patient has tried the required prescription drug
while under the patient's current or a previous health
insurance plan and such prescription drug was
discontinued due to lack of efficacy or effectiveness,
diminished effect or an adverse event,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1792
d. the required prescription drug is not in the best
interest of the patient, based on medical necessity,
or
e. the patient is stable on a prescription drug selected
by the patient's healthcare provider for the medical
condition under consideration while on the patient's
current or a previous health insurance plan.
3. A health insurance plan provider shall permit a patient to
appeal any decision rendered on a request for a step therapy
exception.
D. A health insurance plan provider shall respond to a request
for a step therapy exception, or any appeal therefor, within
seventy-two (72) hours of receipt of the request or appeal. If a
patient's prescribing healthcare provider indicates that exigent
circumstances exist, the health insurance plan provider shall
respond to such a request or appeal within twenty-four (24) hours of
receipt of the request or appeal. If the health insurance plan
provider fails to respond within the required time, the step therapy
exception or appeal shall be deemed granted. Upon granting a step
therapy exception, the health insurance plan provider shall
authorize coverage for and dispensation of the prescription drug
prescribed by the patient's healthcare provider.
E. This section shall not be construed to prevent a healthcare
provider from prescribing a prescription drug that is determined to
be medically appropriate.
F. Nothing in this section shall be construed to authorize the
use of a pharmaceutical sample for the sole purpose of meeting the
requirements for a step therapy exception.
G. Nothing in this section shall be construed to prevent the
substitution of a drug in accordance with current statutes and
regulations of this state.
H. The Oklahoma Insurance Department and the Oklahoma Health
Care Authority shall adopt rules necessary to implement and
administer this act prior to January 1, 2020.
Added by Laws 2019, c. 69, § 1, eff. Nov. 1, 2019.
§63-7320. Prohibiting step therapy requirements for certain drug to
treat advanced metastatic cancer and associated conditions.
For the purpose of prohibiting step therapy requirements for
certain prescription drugs to treat advanced metastatic cancer and
associated conditions.
As used in this section:
1. "Associated conditions" means the symptoms or side effects
associated with advanced metastatic cancer or its treatment and
which, in the judgment of the health care practitioner, will further
jeopardize the health of a patient if left untreated; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1793
2. "Advanced metastatic cancer" means cancer that has spread
from the primary or original site of the cancer to nearby tissues,
lymph nodes, or other areas or parts of the body.
Added by Laws 2023, c. 81, § 1, eff. Nov. 1, 2023.
§63-7321. Health benefit plans to allow coverage for drugs to treat
advanced metastatic cancer and associated conditions without proving
step therapy.
A. A health benefit plan that provides coverage for advanced
metastatic cancer and associated conditions may not require, before
the health benefit plan provides coverage of a prescription drug
approved by the United States Food and Drug Administration, that the
enrollee:
1. Fails to successfully respond to a different drug; or
2. Proves a history of failure of a different drug.
B. This section applies only to a drug, the use of which is:
1. Consistent with best practices for the treatment of advanced
metastatic cancer or an associated condition;
2. Supported by peer-reviewed, evidence-based literature; and
3. Approved by the United States Food and Drug Administration.
Added by Laws 2023, c. 81, § 2, eff. Nov. 1, 2023.
§63-7330. Process to request exception to treatment step therapy
protocol — Circumstances requiring an exception.
A. "Health benefit plan" means a plan as defined pursuant to
Section 6060.4 of Title 36 of the Oklahoma Statutes, that provides
coverage for invasive or noninvasive mechanical ventilation to treat
chronic respiratory failure consequent to chronic obstructive
pulmonary disease (CRF-COPD), requiring a step therapy protocol.
B. "Treatment step therapy protocol" means a treatment
utilization management protocol or program under which a group
health plan or health insurance issuer offering group health
insurance coverage of respiratory care treatments requires a
participant or beneficiary to try an alternative, plan-preferred
treatment and fail on this treatment before the plan or health
insurance issuer approves coverage for the non-preferred therapy
prescribed by the beneficiary's medical provider.
C. A health benefit plan shall:
1. Implement a clear and transparent process for a participant
or beneficiary, or the prescribing health care provider on behalf of
the participant or beneficiary, with CRF-COPD to request an
exception to such a step therapy protocol, pursuant to subsection B
of this section; and
2. Where the participant or beneficiary or prescribing health
care provider's request for an exception to the treatment step
therapy protocols satisfies the criteria and requirements of
subsection D of this section, cover the requested treatment in
Oklahoma Statutes - Title 63. Public Health and Safety Page 1794
accordance with the terms established by the health plan or coverage
for patient cost-sharing rates or amounts at the time of the
participant's or beneficiary's enrollment in the health plan or
health insurance coverage.
D. The circumstances requiring an exception to a treatment step
therapy protocol, pursuant to a request under subsection C of this
section, are any of the following:
1. Any treatments otherwise required under the protocol have
not been shown to be as effective as other available options in the
treatment of the disease or condition or the participant or
beneficiary, when prescribed consistent with clinical indications,
clinical guidelines, or other peer-reviewed evidence;
2. Delay of proven effective treatment would lead to severe or
irreversible consequences, and the treatment initially required
under the protocol is reasonably expected to be less effective
based upon the documented physical or mental characteristics of the
participant or beneficiary and the known characteristics of such
treatment;
3. Any treatments otherwise required under the protocol are
contraindicated for the participant or beneficiary or have caused,
or are likely to cause, based on clinical, peer-reviewed evidence,
an adverse reaction or other physical harm to the participant or
beneficiary;
4. Any treatment otherwise required under the protocol has
prevented, will prevent, or is likely to prevent a participant or
beneficiary from achieving or maintaining reasonable and safe
functional ability in performing occupational responsibilities or
activities of daily living; or
5. The patient's disease state is classified as life
threatening.
E. The process required by subsection C of this section shall:
1. Provide the prescribing health care provider or beneficiary
or designated third-party advocate an opportunity to present such
provider's clinical rationale and relevant medical information for
the group health plan or health insurance issuer to evaluate such
request for exception;
2. Clearly set forth all required information and the specific
criteria that will be used to determine whether an exception is
warranted, which may require disclosure of the medical history or
other health records of the participant or beneficiary demonstrating
that the participant or beneficiary seeking an exception:
a. has tried other qualifying treatments without success,
or
b. has received the requested treatment for a clinically
appropriate amount of time to establish stability, in
relation to the condition being treated and guidelines
given by the prescribing physician.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1795
Other clinical information that may be relevant to conducting
the exception review may require disclosure.
3. Not require the submission of any information or supporting
documentation beyond what is strictly necessary to determine whether
any of the circumstances listed in subsection B of this section
exist.
F. The health benefit plan shall make information regarding the
process required under subsection C of this section readily
available on the Internet website of the group health plan or health
insurance issuer. Such information shall include:
1. The requirements for requesting an exception to a treatment
step therapy protocol pursuant to this section; and
2. Any forms, supporting information, and contact information,
as appropriate.
G. The process required under paragraph 1 of subsection C of
this section shall provide for the disposition of requests received
under such paragraph in accordance with the following:
1. Subject to paragraph 2 of this subsection, not later than
seventy-two (72) hours after receiving an initial exception request,
the plan or issuer shall respond to the requesting prescriber with
either a determination of exception eligibility or a request for
additional required information, strictly necessary to make a
determination of whether the conditions specified in subsection D of
this section are met. The plan or issuer shall respond to the
requesting provider with a determination of exception eligibility no
later than seventy-two (72) hours after receipt of the additional
required information; or
2. In the case of a request under circumstances in which the
applicable equipment step therapy protocol may seriously jeopardize
the life or health of the participant or beneficiary, the plan or
issuer shall conduct a review of the request and respond to the
requesting prescriber with either a determination or exception
eligibility or a request for additional required information
strictly necessary to make a determination of whether the conditions
specified in subsection D of this section are met, in accordance
with the following:
a. if the plan or issuer can make a determination of
exception eligibility without additional information,
such determination shall be made on an expedited basis
and no later than one (1) business day after receipt
of such request, or
b. if the plan or issuer requires additional information
before making a determination of exception
eligibility, the plan or issuer shall respond to the
requesting provider with a request for such
information within one (1) business day of the request
for a determination, and shall respond with a
Oklahoma Statutes - Title 63. Public Health and Safety Page 1796
determination of exception eligibility as quickly as
the condition or disease requires and no later than
one (1) business day after receipt of the additional
required information.
H. This act shall apply with respect to any licensed provider
in the State of Oklahoma that provides coverage of a treatment
pursuant to a policy that meets the definition of treatment step
therapy protocol in subsection B of this section, regardless of
whether such policy is described by such group health plan or health
insurance coverage as a step therapy protocol.
Added by Laws 2023, c. 44, § 1, eff. Nov. 1, 2023.