Oklahoma § 63-3102A - Experimental treatments, tests or drugs - Persons

§ 63-3102A. Experimental treatments, tests or drugs - Persons

eligible to give consent.

Oklahoma Statutes - Title 63. Public Health and Safety

A. When a patient, because of a medical condition, is treated

by a licensed medical doctor or doctor of osteopathy holding a

faculty appointment at a medical school accredited by the Liaison

Committee on Medical Education or American Osteopathic Association,

or holding clinical privileges at a health care institution that

conducts human subject research approved by an accredited

institutional review board, and such patient is incapable of giving

informed consent for an accredited-institutional-review-boardapproved experimental treatment, test or drug, then the

administration of such treatment, test or drug may proceed upon

obtaining informed consent of a parent, legal guardian, attorney-infact with health care decision authority, or a family member in the

following order of priority:

1. If the patient is a minor, the parent or legal guardian; and

2. If the patient is an adult:

a.

the spouse, unless the patient has no spouse, or is

separated, or the spouse is physically or mentally

incapable of giving consent, or the spouse's location

is unknown or the spouse is overseas, or the spouse is

otherwise not available,

b.

an adult son or daughter,

c.

either parent,

d.

an adult brother or sister, or

e.

a relative by blood or marriage.

B. If the patient is an adult, nothing in this section shall

authorize such legal guardian, attorney-in-fact or family member to

consent to treatment in contravention to such incapacitated

patient's expressed permission or prohibition regarding such

treatment.

C. In a life-threatening emergency, consent of such an

incapacitated person to any research program or experimental

procedure shall not be required when the accredited institutional

review board responsible for the review, approval and continuing

review of the research activity has approved both the research

activity and a waiver of informed consent and has both found and

documented that the requirements for an exception from informed

consent requirements for emergency research, as provided under Part

50 of Title 21 or Part 46 of Title 45 of the Code of Federal

Regulations, as amended, have been satisfied. This subsection shall

apply to all pre-hospital or hospital research conducted by a

licensed medical doctor or doctor of osteopathy.

D. Nothing in this section shall permit a parent, legal

guardian, attorney-in-fact or family member to authorize the use of

an experimental treatment, test or drug on a pregnant patient.

Added by Laws 1997, c. 122, § 1, eff. Nov. 1, 1997. Amended by Laws

2005, c. 211, § 4, eff. Nov. 1, 2005; Laws 2021, c. 269, § 1, eff.

Nov. 1, 2021.

Oklahoma Statutes - Title 63. Public Health and Safety