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63 O.S.

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Public Health and Safety (2602 minor self-consent)

Jurisdiction: OK Agency: Oklahoma Legislature
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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.

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Regulation text
OKLAHOMA 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 
 
Oklahoma Statutes - Title 63. Public Health and Safety Page 2 
§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 
 
Oklahoma Statutes - Title 63. Public Health and Safety Page 4 
§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 
 
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§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.