Oklahoma § 63-7330 - Process to request exception to treatment step therapy protocol — Circumstances
Full text of Oklahoma Oklahoma Statutes § 63-7330 — Process to request exception to treatment step therapy protocol — Circumstances, with citation guidance and answers to common questions.
§ 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
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
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
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
(1)
(2)
one member who is a licensed radiologist, and
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
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
(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
(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
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
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
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
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
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
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
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
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
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 threeyear 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 threeyear 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
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
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 fulltime, 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
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
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
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 fulltime, 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
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
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
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.
15, 2002.
Repealed by Laws 2002, c. 3, § 25, emerg. eff. Feb.
§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
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
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
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
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
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
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
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, thirdparty 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
§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
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
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
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
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
§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.
2021.
Repealed by Laws 2021, c. 515, § 3, emerg. eff. May 24,
§63-1-132.
2021.
Repealed by Laws 2021, c. 515, § 4, emerg. eff. May 24,
§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
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 statedesignated 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 statedesignated 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
(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
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
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
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
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
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
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
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
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
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
§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
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
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
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 citycounty 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 citycounty 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
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 citycounty health department shall be obligated.
Oklahoma Statutes - Title 63. Public Health and Safety
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
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
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
§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
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
§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
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
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
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
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
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
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
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
§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
§63-1-229.4.
2013.
Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
§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
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
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
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
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
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
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 governmentissued 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
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
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
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
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
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
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 1229.11 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
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
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
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
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
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 twentyone (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
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 twentyone (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
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
Added by Laws 2021, c. 192, § 1, eff. Nov. 1, 2021.
2022, c. 95, § 1, emerg. eff. April 28, 2022.
§63-1-230.
Amended by Laws
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 useTreatment – 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
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.
2013.
Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
§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
§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 breastfeed 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
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
m.
n.
o.
p.
a representative of an ecumenical association,
two parents of ten- to twenty-year-old children,
a teenage girl,
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
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
Added by Laws 1994, c. 170, § 4, eff. July 1, 1994.
§63-1-239.
1998.
Repealed by Laws 1998, c. 22, § 2, emerg. eff. April 1,
§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 pregnancyassociated maternal deaths of women in Oklahoma;
Oklahoma Statutes - Title 63. Public Health and Safety
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 pregnancyrelated 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
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 pregnancyrelated 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
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
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 pregnancyrelated 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
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
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
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
a.
b.
c.
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,
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 tollfree hotline for consumers,
(4) facilitate the development and maintenance of
osteoporosis support groups, and
(5) conduct workshops and seminars for lay audiences,
and
educating physicians and health professionals and
training community service providers on the most upto-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
2.
a.
b.
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;
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.
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
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
§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
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
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
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 citycounty 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
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. Physicianapproved 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
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
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
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 autoinjectors 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 autoinjectors 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
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
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
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
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
§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
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
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 1311 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
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
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
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 1317 of this title requiring a death certificate to be filed cannot
be met; and
3. The Department has determined the requirements of Section 1314 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
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
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
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 Thirtyfive 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
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
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
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
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
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
§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
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
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
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
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
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
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
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
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
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
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
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
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
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.
10, 2003.
Repealed by Laws 2003, c. 57, § 30, emerg. eff. April
§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
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
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
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
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
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 1502.1 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
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
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
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
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
§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
§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
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
§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
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
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
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
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
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
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 courtordered 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
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
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 1502.1 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
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
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
§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
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
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
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
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
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
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
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 rulemaking 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 rulemaking 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
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
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
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
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
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
§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
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
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
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
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
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
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 physicianpatient 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
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
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
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
§ 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
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
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
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 costeffective 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
§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
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
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
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
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
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
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
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
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 1702 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
(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
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
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.
9, 2006.
Repealed by Laws 2006, c. 315, § 18, emerg. eff. June
§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.
9, 2006.
Repealed by Laws 2006, c. 315, § 19, emerg. eff. June
§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
§63-1-702f. Reporting of maternal death.
A hospital or birthing center shall make a reasonable and goodfaith 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
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
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 "communitybased 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
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
§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
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
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
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
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
(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 threeyear 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
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
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
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
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
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 computergenerated 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
§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
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
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
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
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 CommaSeparated 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
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
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
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 thirdparty 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
(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
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
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
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.
2010.
Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2,
Oklahoma Statutes - Title 63. Public Health and Safety
§63-1-728.1.
2, 2010.
Repealed by Laws 2010, c. 47, § 7, emerg. eff. April
§63-1-728.2.
2, 2010.
Repealed by Laws 2010, c. 47, § 7, emerg. eff. April
§63-1-728.3.
2, 2010.
Repealed by Laws 2010, c. 47, § 7, emerg. eff. April
§63-1-728.4.
2, 2010.
Repealed by Laws 2010, c. 47, § 7, emerg. eff. April
§63-1-728.5.
2, 2010.
Repealed by Laws 2010, c. 47, § 7, emerg. eff. April
§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
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
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
§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.
2010.
Repealed by Laws 2010, c. 48, § 2, emerg. eff. April 2,
§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
§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
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
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
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 FDAapproved 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 twostep 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 abortioninducing drugs may be deadly. To date, fourteen women have
Oklahoma Statutes - Title 63. Public Health and Safety
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 "evidencebased" 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
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 abortioninducing 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
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 abortioninducing 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 abortioninducing 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
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 abortioninducing 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
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 abortioninducing 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
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
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.
2, 2010.
Repealed by Laws 2010, c. 46, § 2, emerg. eff. April
§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
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
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
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
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
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
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.
22, 2010.
Repealed by Laws 2010, c. 163, § 4, emerg. eff. April
§63-1-737.2.
22, 2010.
Repealed by Laws 2010, c. 163, § 4, emerg. eff. April
§63-1-737.3.
22, 2010.
Repealed by Laws 2010, c. 163, § 4, emerg. eff. April
§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
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
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
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
§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
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
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
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.
27, 2010.
Repealed by Laws 2010, c. 173, § 4, emerg. eff. April
§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
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
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
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
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-fourhour-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
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-toKnow 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
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
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.
27, 2010.
Repealed by Laws 2010, c. 173, § 4, emerg. eff. April
§63-1-738.3c.
27, 2010.
Repealed by Laws 2010, c. 173, § 4, emerg. eff. April
§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
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
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
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
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, 1740.2 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 1738.2, 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
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
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 1738m); 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
§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 seventytwo (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
of this title, that these materials are available on a statesponsored 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
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
§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
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 1738.8 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
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
§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
§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
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
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 1738.10 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 1740.2 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
(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
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
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
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
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
List the date of the report: ___________
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: ___________
c.
Oklahoma Statutes - Title 63. Public Health and Safety
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
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
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
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
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
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 1738.8 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
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
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 1745.5 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
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
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
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
§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.
provisions.
Injucntion or restraining orders – Enforcement of
Oklahoma Statutes - Title 63. Public Health and Safety
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
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
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
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
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
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 1740.1 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
§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
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
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
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
§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-toabortion 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 outcomebased 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
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
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
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
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
(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
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-forprofit 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 grantsupervising 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 1738.3 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
Childbirth Act and any private organization directly receiving a
service grant from the Department to ensure that the grantsupervising 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
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
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
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.
27, 2010.
Repealed by Laws 2010, c. 171, § 2, emerg. eff. April
§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
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
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 healthrelated 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
§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
§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
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
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
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 longterm 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
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
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
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
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 PainCapable 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
§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 PainCapable 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 thirdparty 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
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
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
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
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
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 statesponsored 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
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
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
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
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
person or entity which made a referral as defined in Sections 1738.3f 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 lessrestrictive 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
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
§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
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
F. The State Board of Health shall adopt standards related to
the performance of the abortion procedure and post-procedure followup 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
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
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
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
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
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
§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
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
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
(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
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
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
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
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 drugrelated. 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
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, preprocedure 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
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
§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
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 stateprepared 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 abortioninducing 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 abortioninducing 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
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 abortioninducing drug regimen or procedure,
h.
that the qualified physician will schedule an inperson 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
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
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
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
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
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
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 drugrelated. 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
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
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 abortioninducing 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
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 AbortionInducing 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 abortioninducing 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
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 abortioninducing 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 abortioninducing 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
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
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 abortioninducing 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
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
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
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
§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
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
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
§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
§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
§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 selfmovement, 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
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
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
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
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
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
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 11950.1 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
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
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
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
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
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
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
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
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
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 11914.11 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
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
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
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
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
(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
a.
b.
c.
d.
e.
f.
patient reporting and observation,
record keeping,
independent or daily living skills,
leisure skills and recreation,
human relations, and
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
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 11909, 1-1910, 1-1914.1, 1-1914.2, 1-1915, 1-1917, 1-1918, 1-1919, 11920, 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
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
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 thirtysix (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
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
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
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
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
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
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
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
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 longterm 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
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
§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 notfor-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
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
§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
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
§63-1-857.4.
4, 2004.
Repealed by Laws 2004, c. 436, § 14, emerg. eff. June
§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
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 longterm 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
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 shortterm 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
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
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
(2)
(3)
(4)
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).
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.
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.
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
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
§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
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
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
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
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
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 fortyfive (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
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
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.
2013.
Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
§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
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 1106.1 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
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
(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
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
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
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
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
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
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
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
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
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 longterm 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
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
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
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
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
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
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
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
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
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
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.
1994.
Repealed by Laws 1994, c. 283, § 22, eff. Sept. 1,
§63-1-880.1.
2024.
Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
§63-1-880.2.
2024.
Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
§63-1-880.3.
2024.
Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
§63-1-880.4.
2024.
Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
§63-1-880.5.
2024.
Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
§63-1-880.6.
2024.
Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
§63-1-880.7.
2024.
Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
§63-1-880.8.
2024.
Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
§63-1-880.9.
2024.
Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6,
§63-1-880.10.
6, 2024.
Repealed by Laws 2024, c. 275, § 1, emerg. eff. May
§63-1-880.11.
6, 2024.
Repealed by Laws 2024, c. 275, § 1, emerg. eff. May
Oklahoma Statutes - Title 63. Public Health and Safety
§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 healthrelated benefits under a health benefits plan for which it is the
Oklahoma Statutes - Title 63. Public Health and Safety
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
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
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
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
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
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
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
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
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
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
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
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
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.
2002.
Repealed by Laws 2002, c. 112, § 5, eff. Dec. 31,
§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
§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.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§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
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
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
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
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
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
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
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
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 onehalf (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 1107 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
§63-1-1009. Renumbered as § 2-6-801 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-1-1010.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§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
Laws 1963, c. 325, art. 10, § 1011; Laws 1968, c. 298, § 1, emerg.
eff. May 3, 1968.
§63-1-1013.
§63-1-1013.1.
2024.
Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1,
§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
§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.
2024.
§63-1-1021.
Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1,
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
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
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
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
(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
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
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
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 fourtenths 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
§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
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
(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
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
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
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
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 310:2571-2 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
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
another applicable regulatory agency within twentyfour (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 selflocking 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 singleservice 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 crosscontamination, 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
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
(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
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
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
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
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
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
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
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 11118 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
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
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
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 cellcultivated, 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
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
§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
§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
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
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
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
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
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
§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
§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
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
(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
(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
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
§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
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
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
(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
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
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
§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
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
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 weightto-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 7hydroxymitragynine; 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
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 7hydroxymitragynine contained in the product;
4. The amount of total kratom alkaloids, mitragynine, and 7hydroxymitragynine 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
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
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
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
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
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
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
§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
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
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
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
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.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§63-1-1504.1.
2013.
Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
§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 xray 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.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
Oklahoma Statutes - Title 63. Public Health and Safety
§63-1-1509.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§63-1-1510.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§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.
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
The co
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
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
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, fulltime, 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
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
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
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.
1, 2003.
Repealed by Laws 2003, S.J.R. No. 21, § 7, eff. Sept.
§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
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
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 smokingrelated 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
§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 363; (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
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 selfpressurized 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
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
(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
(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
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
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
(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
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 11701.1A 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
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
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 thirtyday 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
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.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§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
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
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
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 onehalf (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
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.
2009.
Repealed by Laws 2009, c. 228, § 87, eff. Nov. 1,
§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
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, halfsister 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
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
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
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
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 citycounty, 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
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
Examination Fee
Renewal of a License
Renewal within thirty-day grace period
Renewal after expiration
Oklahoma Statutes - Title 63. Public Health and Safety
$ 15.00
35.00
50.00
75.00
100.00
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.
15, 1992.
Repealed by Laws 1992, c. 215, § 21, emerg. eff. May
§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.
15, 1992.
Repealed by Laws 1992, c. 215, § 21, emerg. eff. May
Oklahoma Statutes - Title 63. Public Health and Safety
§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.
15, 1992.
Repealed by Laws 1992, c. 215, § 21, emerg. eff. May
§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.
15, 1992.
Repealed by Laws 1992, c. 215, § 21, emerg. eff. May
§63-1-1807.1.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§63-1-1808.
15, 1992.
Repealed by Laws 1992, c. 215, § 21, emerg. eff. May
§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
§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
§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 onthe-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
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
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
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
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
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
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
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
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
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
§63-1-1907.
29, 1991.
Repealed by Laws 1991, c. 127, § 13, emerg. eff. April
§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
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
Added by Laws 1980, c. 241, § 9, eff. Oct. 1, 1980.
2005, c. 465, § 1, emerg. eff. June 9, 2005.
Amended by Laws
§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
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
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
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.
29, 1991.
Repealed by Laws 1991, c. 127, § 13, emerg. eff. April
Oklahoma Statutes - Title 63. Public Health and Safety
§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
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
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
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
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
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
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
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
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
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
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 11914.10 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
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 decisionmaking 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 decisionmaking 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
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 decisionmaking panel deems material to the issue being
presented, and
b.
reject any information that the impartial decisionmaking 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 decisionmaking 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
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 decisionmaking 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
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
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
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
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
(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
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
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 costeffective 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
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 11902 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
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
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 – Emergencypreparedness 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
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
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
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 11918 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
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
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, vicechair 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
§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 11923 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
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.
animals.
Long-term care facilities - Visiting or residential
Oklahoma Statutes - Title 63. Public Health and Safety
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 directcare-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-toresident ratios:
Oklahoma Statutes - Title 63. Public Health and Safety
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-basedscheduling" 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 onehundredths (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
(3)
6.
a.
b.
c.
7.
a.
b.
c.
at least two direct-care staff persons on duty
and awake at all times.
On and after January 1, 2004, the State Department of
Health shall require a facility to maintain the shiftbased, 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.
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.
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.
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.
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.
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
(1)
the first determination shall require that shiftbased, 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 onehundredths (2.86) hours per day per occupied bed to three and twotenths (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 staffscheduling 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
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 staffscheduling 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 staffscheduling 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-carestaff-to-resident ratio regardless of the administrator's licensure
or certification status.
Oklahoma Statutes - Title 63. Public Health and Safety
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 directcare-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 longterm 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
c.
d.
e.
f.
at the time of implementation of facility-specific
rates pursuant to this subparagraph.
The advisory committee shall be staffed and advised by
the Oklahoma Health Care Authority.
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.
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.
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
(5)
g.
h.
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.
(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.
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
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
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.
2002.
Repealed by Laws 2002, c. 112, § 10, eff. Dec. 31,
§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
§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
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
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
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
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
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
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
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
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
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
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
d.
an assisted living center as defined by Section 1890.2 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
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
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
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
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 1395i3(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 11950.1 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
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
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
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
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
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
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
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
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 longterm 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
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 longterm 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
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 fouryear 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 businessrelated 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
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 LongTerm 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
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
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
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
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
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
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
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
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
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
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
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
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
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 Departmentapproved 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
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
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
(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
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
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 11950.7 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
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
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 11947 of this title,
b.
the nurse aide is found to meet any of the
requirements contained in subsection C of Section 11950.1 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
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
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
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
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
§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 LongTerm 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 longterm 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
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 LongTerm 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
§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 11902 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
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
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
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
§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 ConsumerDirected 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
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
refer a client for personal care services as defined in Section 11961 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
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 11950.1 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
(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
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
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
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);
Establish and maintain a registry of certified home health
4.
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
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
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
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
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
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
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
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 11950.1 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
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 selfadministration 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
E. For purposes of this section, assistance with selfadministration 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
§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
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
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
§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
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
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
§63-1-2003.1.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§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.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§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.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§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
§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.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
Oklahoma Statutes - Title 63. Public Health and Safety
§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
§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.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§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 LongTerm 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
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 longterm 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
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
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
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 LongTerm 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
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 LongTerm 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 LongTerm 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
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
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.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§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.
1993.
Repealed by Laws 1993, c. 145, § 362, eff. July 1,
§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
§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
§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
§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
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
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
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
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 lifethreatening medical illness or injury shall be to the
nearest facility, or, subject to transport
Oklahoma Statutes - Title 63. Public Health and Safety
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
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
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
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
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 lifethreatening 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
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
§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
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
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
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 cooccurring 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
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
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
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
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
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
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
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 soleprovider system for stretcher van and/or Ambulance Service
transports; provided, however, any such designated or contracted
Oklahoma Statutes - Title 63. Public Health and Safety
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 soleprovider 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
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
§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
Added by Laws 2006, 2nd Ex. Sess., c. 59, § 13.
2012, c. 304, § 491.
Amended by Laws
§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
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
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
§63-1-2530.4.
2013.
Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
§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.
2013.
Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
§63-1-2530.7.
2013.
Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1,
Oklahoma Statutes - Title 63. Public Health and Safety
§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
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 12511 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
§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 statelicensed 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
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 entrylevel 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
§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
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
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
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
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
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 twentyfive 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
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 lookalike, 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
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
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
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
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
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
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
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
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
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
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 forprofit, 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 twentyfour (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
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
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
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 dryweight 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
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 lifealtering 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
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
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, lightbased, 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
(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
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
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
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
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
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
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
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
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 vicechair 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
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
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
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
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
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
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
§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 2503.1j 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
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
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
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
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
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
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]-2furancarboxamide (Furanyl fentanyl);
26. N-phenyl-1-(2-phenylethyl)-4-piperidinamine (4-ANPP);
27. N-(1-phenethylpiperidin-4-yl)-Nphenylcyclopropanecarboxamide (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
23. Salvia Divinorum;
24. Salvinorin A;
25. Thiophene Analog of Phencyclidine. Also known as: 1-(1-(2thienyl) cyclohexyl) piperidine; 2-Thienyl Analog of Phencyclidine;
TPCP, TCP;
26. Phencyclidine (PCP);
27. Pyrrolidine Analog for Phencyclidine. Also known as 1-(1Phenylcyclohexyl) - 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
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]-Nmethylbenzamide;
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, gammahydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium
oxybate, and sodium oxybutyrate;
Oklahoma Statutes - Title 63. Public Health and Safety
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
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
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
JWH-122;
JWH-145;
JWH-146;
JWH-147;
JWH-148;
JWH-149;
JWH-150;
JWH-156;
JWH-167;
JWH-175;
JWH-180;
JWH-181;
JWH-182;
JWH-184;
JWH-185;
JWH-189;
JWH-192;
JWH-193;
JWH-194;
JWH-195;
JWH-196;
JWH-197;
JWH-198;
JWH-199;
JWH-200;
JWH-201;
JWH-202;
JWH-203;
JWH-204;
JWH-205;
JWH-206;
JWH-207;
JWH-208;
JWH-209;
JWH-210;
JWH-211;
JWH-212;
JWH-213;
JWH-234;
JWH-235;
JWH-236;
JWH-237;
JWH-239;
JWH-240;
JWH-241;
JWH-242;
JWH-243;
Oklahoma Statutes - Title 63. Public Health and Safety
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
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-(1naphthoyl)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-methyl2-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
a.
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH200),
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-(1naphthoyl)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-3yl-(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-methyl2-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-(1naphthoyl)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-(4morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3morpholinyl)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
d.
1-hexyl-5-phenyl-3-(1-naphthoyl)pyrrole (JWH-147);
4. Naphthylideneindenes: any compound containing a 1-(1naphthylmethylene)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-(4morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3morpholinyl)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-1ylidene)methyl]naphthalene (JWH-176);
5. Phenylacetylindoles: any compound containing a 3phenylacetylindole 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-methyl2-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-(3hydroxycyclohexyl)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-(4morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3morpholinyl)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)-3hydroxycyclohexyl]-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
c.
5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3hydroxypropyl)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-methyl2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2pyrrolidinyl)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-(4methoxybenzoyl)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-(2iodobenzoyl)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-methyl2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2pyrrolidinyl)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-(2,2,3,3tetramethylcyclopropoyl)indole (5Cl-UR-144), or
c.
1-(5-fluoropentyl)-3-(2,2,3,3tetramethylcyclopropoyl)indole (XLR11);
9. Indole Amides: Any compound containing a 1H-Indole-3carboxamide 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-methyl2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2pyrrolidinyl)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
1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3dimethyl-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-3carboxamide (STS-135),
c.
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1Hindole-3-carboxamide (ADBICA),
d.
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5fluoropentyl)-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-3carboxamide (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-3carboxylate 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-methyl2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2pyrrolidinyl)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-dimethyl1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3dimethyl-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 (PB22),
b.
quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3carboxylate (5F-PB-22),
c.
quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3carboxylate (BB-22),
d.
naphthalen-1-yl 1-(4-fluorobenzyl)-1H-indole-3carboxylate (FDU-PB-22), or
e.
naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3carboxylate (NM2201);
Oklahoma Statutes - Title 63. Public Health and Safety
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-(4morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3morpholinyl)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]-1Hindol-3-yl]methanone (AM1248), or
b.
adamantan-1-yl-(1-pentyl-1H-indol-3-yl)methanone (AB001);
12. Carbazole Ketone: Any compound containing (9H-carbazole-3yl) 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-methyl2-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-dimethyl1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3dimethyl-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-pentyl9H-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-2piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2pyrrolidinyl)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-dimethyl1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3dimethyl-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
a.
naphthalen-1-yl(1-pentyl-1H-benzo[d]imidazol-2l)methanone (JWH-018 benzimidazole analog), or
b.
(1-(5-fluoropentyl)-1H-benzo[d]imidazol-2yl)(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
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
10. Levorphanol;
11. Metazocine;
12. Methadone;
13. Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4diphenyl butane;
14. Moramide - Intermediate, 2-methyl-3-morpholino-1, 1diphenyl-propane-carboxylic acid;
15. Oxycodone;
16. Oxymorphone;
17. Pethidine (Meperidine);
18. Pethidine - Intermediate - A, 4-cyano-1-methyl-4phenylpiperidine;
19. Pethidine - Intermediate - B, ethyl-4-phenylpiperidine-4carboxylate;
20. Pethidine - Intermediate - C, 1-methyl-4-phenylpiperidine4-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
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
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
Dihydrotestosterone,
Drostanolone,
Ethylestrenol,
Fluoxymesterone,
Formebolone,
Mesterolone,
Methandienone,
Methandranone,
Methandriol,
Methandrostenolone,
Methenolone,
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
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
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
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
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 2101 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
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
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
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
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
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 medicationassisted 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
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
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 midlevel 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
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
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
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
§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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 11902 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
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
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
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 AntiDrug 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
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
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
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
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
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
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
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
§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
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
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
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
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
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
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
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
§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
A. A person or business who manufactures, sells, transfers,
furnishes, or receives a precursor substance defined in Section 2322 of this title commits an offense if the person:
1. Does not comply with the requirements of Section 2-322, 2323 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
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
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
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
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
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
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
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
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 2101 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
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
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
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-phenylN-[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-(2phenylethyl)-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
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
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
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
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
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
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
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
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
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
§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
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
(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
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
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
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
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 Twentyfive 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
3.
4.
5.
a fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00);
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);
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);
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
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 3,4Methylenedioxy 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
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
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
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 2506 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
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
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
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 seventyfive 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
§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
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
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
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
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
§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
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
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
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
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
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
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
Added by Laws 2008, c. 170, § 1, eff. July 1, 2008.
2009, c. 442, § 9, eff. July 1, 2009.
Amended by Laws
§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
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 2503.1a 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 2503.1a 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
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
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 2503.1 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
Added by Laws 2008, c. 170, § 9, eff. July 1, 2008.
2009, c. 442, § 10, eff. July 1, 2009.
Amended by Laws
§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
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
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
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
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
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
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 2508 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
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
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
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
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
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
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
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
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
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
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
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
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 2505 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
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
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
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, 2401, 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
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
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
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 threetenths 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
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
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
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
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
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
d.
e.
f.
court records,
prosecutorial records,
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
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
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
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.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 63-7330
What does Oklahoma Statutes § 63-7330 cover?
Section 63-7330 ("Process to request exception to treatment step therapy protocol — Circumstances") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 63-7330?
A common citation format is "Oklahoma Statutes § 63-7330" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 63-7330 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.