Oklahoma § 63-3105.5 - Physician not subject to liability or discipline –

§ 63-3105.5. Physician not subject to liability or discipline –

Liability for falsification of form – Temporary court orders.

A. A physician or other health care provider acting in good

faith and in accordance with reasonable medical standards applicable

to the physician or other health care provider is not subject to

civil or criminal liability or to discipline for unprofessional

conduct for:

1. Executing an Oklahoma standardized format physician orders

for life-sustaining treatment form in compliance with a health care

decision of a person apparently having authority to make a health

care decision for a patient, including a decision to provide,

withhold or withdraw health care;

2. Declining to execute an Oklahoma standardized format

physician orders for life-sustaining treatment form in compliance

with a health care decision of a person based on a reasonable belief

that the person then lacked authority; or

3. Complying with an apparently valid Oklahoma standardized

format physician orders for life-sustaining treatment form on the

assumption that the order was valid when made and has not been

revoked or terminated.

B. A person who intentionally falsifies, forges, conceals,

defaces or obliterates an individual's physician orders for lifesustaining treatment form without the individual's consent, or who

Oklahoma Statutes - Title 63. Public Health and Safety

coerces or fraudulently induces an individual to give, revoke or not

to give a physician orders for life-sustaining treatment form, is

subject to liability to that individual for damages of Two Hundred

Thousand Dollars ($200,000.00) or actual damages resulting from the

action, whichever is greater, plus reasonable attorney fees.

C. On petition of a health care provider or facility involved

with the patient's care, the patient or the patient's custodial

parent or guardian, attorney-in-fact, guardian or health care proxy,

or other person who has authority to make health care decisions for

the patient under common law, any court of competent jurisdiction

may enjoin or direct a health care decision related to a physician

orders for life-sustaining treatment form or order other appropriate

equitable relief. The court shall issue such temporary orders as

necessary to preserve the life of the patient pending a final

judgment in such litigation, including any appeals.

Added by Laws 2016, c. 355, § 5.