Oklahoma § 63-3102.4 - Classes and priorities for persons authorized to make

§ 63-3102.4. Classes and priorities for persons authorized to make

health care decisions for those incapable of communicating.

A. When an adult patient or a person under eighteen (18) years

of age who may consent to have services provided by health

professionals under Section 2602 of this title is persistently

unconscious, incompetent or otherwise mentally or physically

incapable of communicating, a person who is reasonably available and

willing in the following classes, in the order of priority set forth

in this subsection, shall be authorized to make health care

decisions for the patient under the same standard as that applicable

to making life-sustaining treatment decisions under Section 3101.16

of this title, excluding any person who is disqualified from

exercising such authority by Section 3102.5 of this title. If those

Oklahoma Statutes - Title 63. Public Health and Safety

within a class disagree, a majority within the class may make a

health care decision for the patient. However, a provider of health

care to the patient or any member or members of any of the following

classes may petition a court that would have jurisdiction over a

guardianship proceeding concerning the patient under Section 1-115

of Title 30 of the Oklahoma Statutes to seek an order directing a

different health care decision on the ground that the health care

decision or decisions made violate the standard required by this

section, granting another member or other members from among the

following classes (notwithstanding the statutory order of priority)

supervening authority to make health care decisions for the patient

on the ground that clear and convincing evidence demonstrates they

are more likely to adhere to that standard, or both. Upon motion by

any party, the court shall issue an order requiring that pending its

decision on the merits and the resolution of any appeal the patient

be provided with health care of which denial, in reasonable medical

judgment, would be likely to result in or hasten the death of the

patient, unless its provision would require denial of the same

health care to another patient. The classes are as follows:

1. A general guardian of the person appointed pursuant to

subsection A of Section 3-112 of Title 30 of the Oklahoma Statutes

or a limited guardian of the person appointed pursuant to subsection

B of Section 3-112 of Title 30 of the Oklahoma Statutes with

authority to make personal medical decisions as determined under

paragraph 5 of subsection B of Section 3-113 of Title 30 of the

Oklahoma Statutes;

2. A health care proxy, or alternate health care proxy,

designated by the patient, as defined in paragraph 6 of Section

3101.3 of Title 63 of the Oklahoma Statutes;

3. An attorney-in-fact authorized to act pursuant to the

Oklahoma Health Care Agent Act, with authority to act regarding the

patient's health and medical care decisions, subject to the

limitations under the Oklahoma Health Care Agent Act;

4. The patient's spouse;

5. Adult children of the patient;

6. Parents of the patient;

7. Adult siblings;

8. Other adult relatives of the patient in order of kinship; or

9. Close friends of the patient who have maintained regular

contact with the patient sufficient to be familiar with the

patient's personal values. Execution of an affidavit stating

specific facts and circumstances documenting such contact

constitutes prima facie evidence of close friendship.

B. Prior to making a health care decision for a patient

pursuant to subsection A of this section, a person shall provide to

the health care provider or health care entity a signed copy of the

following statement to be entered into the patient's medical record:

Oklahoma Statutes - Title 63. Public Health and Safety

"I hereby certify that:

I have not been convicted of, pleaded guilty to or pleaded no

contest to the crimes of abuse, verbal abuse, neglect or financial

exploitation by a caregiver; exploitation of an elderly person or

disabled adult; or abuse, neglect, exploitation or sexual abuse of a

child;

I have not been found to have committed abuse, verbal abuse or

exploitation by a final investigative finding of the State

Department of Health or Department of Human Services or by a finding

of an administrative law judge, unless it was overturned on appeal;

and

I have not been criminally charged as a person responsible for

the care of a vulnerable adult with a crime resulting in the death

or near death of a vulnerable adult."

Added by Laws 2017, c. 144, § 2, eff. Nov. 1, 2017. Amended by Laws

2019, c. 211, § 1, eff. Nov. 1, 2019; Laws 2022, c. 136, § 15,

emerg. eff. April 29, 2022.