Oklahoma § 63-3111.6 - Health care providers

§ 63-3111.6. Health care providers

A. Before implementing a health care decision made for a

patient, the attending physician, if possible, shall promptly

communicate to the patient the decision made and the identity of the

person making the decision.

B. An attending physician who knows of the existence of a power

of attorney for health care or a revocation of a power of attorney

for health care shall promptly record its existence in the patient's

medical record and, if it is in writing, shall request a copy and if

one is furnished shall arrange for its maintenance in the medical

record. An attending physician who makes or is informed of a

determination that a patient lacks or has recovered capacity shall

Oklahoma Statutes - Title 63. Public Health and Safety

promptly record the determination in the patient's medical record

and communicate the determination to the patient, if possible, and

to any person then authorized to make health care decisions for the

patient.

C. Except as provided in subsections D and E of this section, a

health care provider or facility providing care to a patient shall:

1. Comply with an individual instruction of the patient and

with a reasonable interpretation of that instruction made by a

person then authorized to make health care decisions for the

patient; and

2. Comply with a health care decision for the patient made by a

person then authorized to make health care decisions for the patient

to the same extent as if the decision had been made by the patient

while having capacity.

D. An attending physician or health care provider may decline

to comply with an individual instruction or health care decision for

reasons of conscience. A health care facility may decline to comply

with an individual instruction or health care decision if the

instruction or decision is contrary to a policy of the facility

which is expressly based on reasons of conscience and if the policy

was timely communicated to the patient or to a person then

authorized to make health care decisions for the patient.

E. A health care provider or facility may decline to comply

with an individual instruction or health care decision that requires

medically ineffective or non-beneficial health care or health care

contrary to generally accepted health care standards applicable to

the health care provider or facility.

F. A health care provider or facility that declines to comply

with an individual instruction or health care decision shall:

1. Promptly so inform the patient, if possible, and any person

then authorized to make health care decisions for the patient;

2. Provide continuing care to the patient until a transfer can

be effected; and

3. Unless the patient or person then authorized to make health

care decisions for the patient refuses assistance, immediately make

all reasonable efforts to assist in the transfer of the patient to

another health care provider or facility that is willing to comply

with the instruction or decision.

G. A health care provider or facility may not require or

prohibit the execution or revocation of an advance health care

directive as a condition for providing health care.

H. The provisions of this section shall not be construed to

supersede or authorize noncompliance with the requirements of the

Oklahoma Advance Directive Act as provided in Section 3101.9 of

Title 63 of the Oklahoma Statutes.

Added by Laws 2022, c. 136, § 6, emerg. eff. April 29, 2022.

Oklahoma Statutes - Title 63. Public Health and Safety