§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.
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)
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
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:
(1) one member who is a licensed radiologist, and (2) 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
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,
(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,
(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;
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.
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
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.
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;
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
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
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.
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
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 three- year 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 three- year 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,
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
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 full- time, 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
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;
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
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 full- time, 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 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,
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
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. Repealed by Laws 2002, c. 3, § 25, emerg. eff. Feb. 15, 2002.
§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
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.
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
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:
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:
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.
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
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, third- party 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.
§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,
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,
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
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
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.
§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. Repealed by Laws 2021, c. 515, § 3, emerg. eff. May 24, 2021.
§63-1-132. Repealed by Laws 2021, c. 515, § 4, emerg. eff. May 24, 2021.
§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.
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 state- designated 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 state- designated 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:
(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
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.
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
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
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
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
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
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
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
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.
§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
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.
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
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 city- county 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 city- county 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
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 city- county health department shall be obligated.
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.
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
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.
§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
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.
§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:
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
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
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
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;
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;
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.
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.
§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.
§63-1-229.4. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013.
§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
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.
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.
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
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.
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
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 government- issued 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
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.
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
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.
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
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.
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 1- 229.11 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
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
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.
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, 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
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 twenty- one (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
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 twenty- one (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.
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.
Added by Laws 2021, c. 192, § 1, eff. Nov. 1, 2021. Amended by Laws 2022, c. 95, § 1, emerg. eff. April 28, 2022.
§63-1-230. 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 use- Treatment – 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
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. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013.
§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.
§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 breast- feed 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.
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,
m. a representative of an ecumenical association, n. two parents of ten- to twenty-year-old children, o. a teenage girl, p. 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.
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.
Added by Laws 1994, c. 170, § 4, eff. July 1, 1994.
§63-1-239. Repealed by Laws 1998, c. 22, § 2, emerg. eff. April 1, 1998.
§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 pregnancy- associated maternal deaths of women in Oklahoma;
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 pregnancy- related 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,
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 pregnancy- related 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
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,
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 pregnancy- related 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;
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
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;
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:
a. 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, b. 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 toll- free hotline for consumers, (4) facilitate the development and maintenance of osteoporosis support groups, and (5) conduct workshops and seminars for lay audiences, and c. educating physicians and health professionals and training community service providers on the most up- to-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
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; 2. a. 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. b. 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
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.
§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;
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
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
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 city- county 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
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. Physician- approved 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
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.
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.
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 auto- injectors 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 auto- injectors 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
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.
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
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.
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.
§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
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
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 1- 311 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,
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.
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
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 1- 317 of this title requiring a death certificate to be filed cannot be met; and 3. The Department has determined the requirements of Section 1- 314 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;
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
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.
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 Thirty- five 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
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).
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
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
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
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.
§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
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.
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
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
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
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
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
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;
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
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
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
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
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
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. Repealed by Laws 2003, c. 57, § 30, emerg. eff. April 10, 2003.
§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:
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.
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”.
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
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 -
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 1- 502.1 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
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
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
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
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.
§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.
§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
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.
§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.
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.
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
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;
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
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
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 court- ordered 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
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
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 1- 502.1 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
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
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.
§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.
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.
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
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
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
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;
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;
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 rule- making 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 rule- making 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
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
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
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.
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;
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.
§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
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.
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.
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
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
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
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 physician- patient 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
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
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;
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,
§ 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.
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.
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
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 cost- effective 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.
§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:
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
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
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.
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
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
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.
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,
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 1- 702 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,
(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.
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
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. Repealed by Laws 2006, c. 315, § 18, emerg. eff. June 9, 2006.
§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. Repealed by Laws 2006, c. 315, § 19, emerg. eff. June 9, 2006.
§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.
§63-1-702f. Reporting of maternal death. A hospital or birthing center shall make a reasonable and good- faith 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.
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
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 "community- based 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,
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.
§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
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.
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.
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
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
(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 three- year 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:
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:
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
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.
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
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 computer- generated 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.
§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
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
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
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:
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 Comma- Separated 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;
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;
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
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 third- party 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
(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.
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:
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
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. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2, 2010.
§63-1-728.1. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2, 2010.
§63-1-728.2. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2, 2010.
§63-1-728.3. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2, 2010.
§63-1-728.4. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2, 2010.
§63-1-728.5. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2, 2010.
§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.
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.
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.
§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. Repealed by Laws 2010, c. 48, § 2, emerg. eff. April 2, 2010.
§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.
§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
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.
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
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 FDA- approved 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 two- step 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 abortion- inducing drugs may be deadly. To date, fourteen women have
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 "evidence- based" 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
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 abortion- inducing 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
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 abortion- inducing 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 abortion- inducing 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
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 abortion- inducing 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
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 abortion- inducing 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;
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.
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. Repealed by Laws 2010, c. 46, § 2, emerg. eff. April 2, 2010.
§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
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
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.
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
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
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.
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. Repealed by Laws 2010, c. 163, § 4, emerg. eff. April 22, 2010.
§63-1-737.2. Repealed by Laws 2010, c. 163, § 4, emerg. eff. April 22, 2010.
§63-1-737.3. Repealed by Laws 2010, c. 163, § 4, emerg. eff. April 22, 2010.
§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
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
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
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.
§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.
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.
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
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. Repealed by Laws 2010, c. 173, § 4, emerg. eff. April 27, 2010.
§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
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
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
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
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-four- hour-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
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-to- Know 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
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
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. Repealed by Laws 2010, c. 173, § 4, emerg. eff. April 27, 2010.
§63-1-738.3c. Repealed by Laws 2010, c. 173, § 4, emerg. eff. April 27, 2010.
§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;
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
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
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.
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, 1- 740.2 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 1- 738.2, 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.
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
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 1- 738m); 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.
§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 seventy- two (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
of this title, that these materials are available on a state- sponsored 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.
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.
§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
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 1- 738.8 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.
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.
§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.
§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
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
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 1- 738.10 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 1- 740.2 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
(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
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: _________
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? _____
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? ______________
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: ___________________
List the date of the report: ___________ c. 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: ___________
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)
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.
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.): _______________________________
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;
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;
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 1- 738.8 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
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;
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 1- 745.5 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
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.
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.
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.
§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. Injucntion or restraining orders – Enforcement of provisions.
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
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
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
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
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.
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 1- 740.1 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.
§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:
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,
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.
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.
§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-to- abortion 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 outcome- based 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.
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.
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,
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
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:
(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,
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-for- profit 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 grant- supervising 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 1- 738.3 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
Childbirth Act and any private organization directly receiving a service grant from the Department to ensure that the grant- supervising 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
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.
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:
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. Repealed by Laws 2010, c. 171, § 2, emerg. eff. April 27, 2010.
§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:
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,
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 health- related 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.
§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.
§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.
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.
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;
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 long- term 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
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
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.
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
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 Pain- Capable 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.
§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 Pain- Capable 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.
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
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
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.
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.
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.
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
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.
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
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
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,
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-
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
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:
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
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
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:
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,
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
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:
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 third- 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 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.
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
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
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.
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.
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 state- sponsored 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.
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
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;
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
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
person or entity which made a referral as defined in Sections 1- 738.3f 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 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 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
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.
§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.
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.
F. The State Board of Health shall adopt standards related to the performance of the abortion procedure and post-procedure follow- up 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
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;
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.
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
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
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.
§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
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:
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
(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
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
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.
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.
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 drug- related. 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
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, pre- procedure 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).
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.
§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;
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 state- prepared 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 abortion- inducing 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 abortion- inducing 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
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 abortion- inducing drug regimen or procedure, h. that the qualified physician will schedule an in- person 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
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
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.
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
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.
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.
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 drug- related. 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
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
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 abortion- inducing 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;
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 Abortion- Inducing 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 abortion- inducing drugs in the state. To be eligible to be certified under this section, manufacturers and distributors shall: 1. Be licensed by the Board;
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 abortion- inducing 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 abortion- inducing 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;
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
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 abortion- inducing 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,
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;
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
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.
§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,
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
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.
§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.
§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.
§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 self- movement, including in and out of wheelchairs, to all areas of the home; 7. "Board" means the State Board of Health;
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
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;
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:
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,
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
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 1- 1950.1 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
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.
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.
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
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.
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
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
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
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
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 1- 1914.11 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.
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
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.
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
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.
(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:
a. patient reporting and observation, b. record keeping, c. independent or daily living skills, d. leisure skills and recreation, e. human relations, and f. 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.
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 1- 1909, 1-1910, 1-1914.1, 1-1914.2, 1-1915, 1-1917, 1-1918, 1-1919, 1- 1920, 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
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
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 thirty- six (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,
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;
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.
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
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
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;
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.
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,
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 long- term 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
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.
§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 not- for-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
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.
§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
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.
§63-1-857.4. Repealed by Laws 2004, c. 436, § 14, emerg. eff. June 4, 2004.
§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).
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 long- term 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
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 short- term 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;
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
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
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). (2) 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. (3) 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. (4) 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
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.
§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.
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
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
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
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
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 forty- five (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
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.
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. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013.
§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;
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 1- 106.1 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
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,
(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
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.
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
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
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
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.
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
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:
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
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 long- term 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;
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;
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.
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.
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.
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;
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
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;
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
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.
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. Repealed by Laws 1994, c. 283, § 22, eff. Sept. 1, 1994.
§63-1-880.1. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024.
§63-1-880.2. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024.
§63-1-880.3. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024.
§63-1-880.4. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024.
§63-1-880.5. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024.
§63-1-880.6. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024.
§63-1-880.7. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024.
§63-1-880.8. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024.
§63-1-880.9. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024.
§63-1-880.10. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024.
§63-1-880.11. Repealed by Laws 2024, c. 275, § 1, emerg. eff. May 6, 2024.
§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 health- related benefits under a health benefits plan for which it is the
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.
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:
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
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
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;
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
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
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,
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.
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
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
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.
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. Repealed by Laws 2002, c. 112, § 5, eff. Dec. 31, 2002.
§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.
§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. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§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
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
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;
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;
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.
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
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
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.
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 one- half (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 1- 107 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.
§63-1-1009. Renumbered as § 2-6-801 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993.
§63-1-1010. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§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.
Laws 1963, c. 325, art. 10, § 1011; Laws 1968, c. 298, § 1, emerg. eff. May 3, 1968.
§63-1-1013. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
§63-1-1013.1. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
§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.
§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. Repealed by Laws 2024, c. 107, § 2, eff. Nov. 1, 2024.
§63-1-1021. 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
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.
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
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.
(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
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
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
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 four- tenths 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.
§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
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.
(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.
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
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;
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,
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 310:257- 1-2 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
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
another applicable regulatory agency within twenty- four (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 self- locking 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 single- service 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 cross- contamination, 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
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.
(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.
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
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.
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.
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
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;
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;
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 1- 1118 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;
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
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,
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 cell- cultivated, 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
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.
§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.
§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
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,
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.
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.
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.
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.
§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.
§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:
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.
(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.
(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
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.
§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.
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
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
(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
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
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.
§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.
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
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 weight- to-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 7- hydroxymitragynine; 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.
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 7- hydroxymitragynine contained in the product; 4. The amount of total kratom alkaloids, mitragynine, and 7- hydroxymitragynine 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
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
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:
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
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;
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
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.
§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:
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
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
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
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. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§63-1-1504.1. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013.
§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 x- ray 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. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§63-1-1509. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§63-1-1510. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§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. The co 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”.
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
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
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, full- time, 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.
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
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,
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. Repealed by Laws 2003, S.J.R. No. 21, § 7, eff. Sept. 1, 2003.
§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,
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
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 smoking- related 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.
§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 3- 63; (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
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 self- pressurized 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,
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.
(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.
(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
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.
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
(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
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 1- 1701.1A 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
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.
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 thirty- day 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.
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. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§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
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;
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:
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 one- half (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.
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. Repealed by Laws 2009, c. 228, § 87, eff. Nov. 1, 2009.
§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
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, half- sister 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
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:
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,
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
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 city- county, 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
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 $ 15.00 Examination Fee 35.00 Renewal of a License 50.00 Renewal within thirty-day grace period 75.00 Renewal after expiration 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. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May 15, 1992.
§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. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May 15, 1992.
§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. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May 15, 1992.
§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. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May 15, 1992.
§63-1-1807.1. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§63-1-1808. Repealed by Laws 1992, c. 215, § 21, emerg. eff. May 15, 1992.
§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.
§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.
§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 on- the-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;
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
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
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.
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
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
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
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;
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
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.
§63-1-1907. Repealed by Laws 1991, c. 127, § 13, emerg. eff. April 29, 1991.
§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).
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.
Added by Laws 1980, c. 241, § 9, eff. Oct. 1, 1980. Amended by Laws 2005, c. 465, § 1, emerg. eff. June 9, 2005.
§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.
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
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
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. Repealed by Laws 1991, c. 127, § 13, emerg. eff. April 29, 1991.
§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
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.
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
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.
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.
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.
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:
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.
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.
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.
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 1- 1914.10 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.
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 decision- making 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 decision- making 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.
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 decision- making panel deems material to the issue being presented, and b. reject any information that the impartial decision- making 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 decision- making 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
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 decision- making 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:
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
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
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;
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
(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
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
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 cost- effective 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
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 1- 1902 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
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.
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 – Emergency- preparedness 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
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
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;
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 1- 1918 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
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,
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, vice- chair 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.
§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 1- 1923 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,
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. Long-term care facilities - Visiting or residential animals.
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 direct- care-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-to- resident ratios:
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-based- scheduling" 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 one- hundredths (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
(3) at least two direct-care staff persons on duty and awake at all times. 6. a. On and after January 1, 2004, the State Department of Health shall require a facility to maintain the shift- based, 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. b. 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. c. 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. 7. a. 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. b. 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. c. 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:
(1) the first determination shall require that shift- based, 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 one- hundredths (2.86) hours per day per occupied bed to three and two- tenths (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 staff- scheduling 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
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 staff- scheduling 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 staff- scheduling 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-care- staff-to-resident ratio regardless of the administrator's licensure or certification status.
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 direct- care-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 long- term 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
at the time of implementation of facility-specific rates pursuant to this subparagraph. c. The advisory committee shall be staffed and advised by the Oklahoma Health Care Authority. d. 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. e. 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. f. 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
(5) 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. g. (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. h. 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
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,
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. Repealed by Laws 2002, c. 112, § 10, eff. Dec. 31, 2002.
§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.
§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
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.
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.
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.
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
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.
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
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
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
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.
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,
d. an assisted living center as defined by Section 1- 890.2 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
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
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
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
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 1395i- 3(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 1- 1950.1 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
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.
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
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.
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.
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
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.
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
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 long- term 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
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 long- term 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
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 four- year 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 business- related 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.
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 Long- Term 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;
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,
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;
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
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
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
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
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
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
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
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,
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.
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
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 Department- approved 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,
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.
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,
(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
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.
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 1- 1950.7 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
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.
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 1- 1947 of this title, b. the nurse aide is found to meet any of the requirements contained in subsection C of Section 1- 1950.1 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.
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
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
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.
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.
§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 Long- Term 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 long- term 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;
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 Long- Term 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.
§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 1- 1902 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;
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
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
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.
§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 Consumer- Directed 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
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
refer a client for personal care services as defined in Section 1- 1961 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
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 1- 1950.1 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:
(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
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
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,
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); 4. Establish and maintain a registry of certified home health 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;
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.
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
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
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;
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.
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);
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 1- 1950.1 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,
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 self- administration 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.
E. For purposes of this section, assistance with self- administration 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.
§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,
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
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.
§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
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
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.
§63-1-2003.1. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§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. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§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. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§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.
§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. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§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.
§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. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§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 Long- Term 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:
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 long- term 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
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
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
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 Long- Term 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
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 Long- Term 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 Long- Term 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
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
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. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§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. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.
§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.
§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.
§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.
§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;
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
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
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
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 life- threatening 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, 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;
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
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
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
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 life- threatening 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.
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.
§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
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.
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.
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 co- occurring 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
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.
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.
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.
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
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,
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.
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 sole- provider system for stretcher van and/or Ambulance Service transports; provided, however, any such designated or contracted
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 sole- provider 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;
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.
§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.
Added by Laws 2006, 2nd Ex. Sess., c. 59, § 13. Amended by Laws 2012, c. 304, § 491.
§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;
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
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.
§63-1-2530.4. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013.
§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. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013.
§63-1-2530.7. Repealed by Laws 2013, c. 229, § 99, eff. Nov. 1, 2013.
§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
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 1- 2511 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.
§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 state- licensed 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
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 entry- level 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
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
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:
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.
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
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
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
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;
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.
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,
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.
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.
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
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
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.
§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.
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
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.
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.
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:
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 twenty- five 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
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 look- alike, 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
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).
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.
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
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
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
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;
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,
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,
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
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 for- 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. 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 twenty- four (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
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
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
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 dry- weight 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,
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 life- altering 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
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
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, light- based, 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,
(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
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
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.
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
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
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.
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.
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
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 vice- chair 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:
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.
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:
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.
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.
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
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.
§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 2- 503.1j 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
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
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.
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.
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;
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;
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]-2- furancarboxamide (Furanyl fentanyl); 26. N-phenyl-1-(2-phenylethyl)-4-piperidinamine (4-ANPP); 27. N-(1-phenethylpiperidin-4-yl)-N- phenylcyclopropanecarboxamide (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;
23. Salvia Divinorum; 24. Salvinorin A; 25. Thiophene Analog of Phencyclidine. Also known as: 1-(1-(2- thienyl) cyclohexyl) piperidine; 2-Thienyl Analog of Phencyclidine; TPCP, TCP; 26. Phencyclidine (PCP); 27. Pyrrolidine Analog for Phencyclidine. Also known as 1-(1- Phenylcyclohexyl) - 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;
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]-N- methylbenzamide; 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, gamma- hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate;
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.
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;
29. JWH-122; 30. JWH-145; 31. JWH-146; 32. JWH-147; 33. JWH-148; 34. JWH-149; 35. JWH-150; 36. JWH-156; 37. JWH-167; 38. JWH-175; 39. JWH-180; 40. JWH-181; 41. JWH-182; 42. JWH-184; 43. JWH-185; 44. JWH-189; 45. JWH-192; 46. JWH-193; 47. JWH-194; 48. JWH-195; 49. JWH-196; 50. JWH-197; 51. JWH-198; 52. JWH-199; 53. JWH-200; 54. JWH-201; 55. JWH-202; 56. JWH-203; 57. JWH-204; 58. JWH-205; 59. JWH-206; 60. JWH-207; 61. JWH-208; 62. JWH-209; 63. JWH-210; 64. JWH-211; 65. JWH-212; 66. JWH-213; 67. JWH-234; 68. JWH-235; 69. JWH-236; 70. JWH-237; 71. JWH-239; 72. JWH-240; 73. JWH-241; 74. JWH-242; 75. JWH-243;
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;
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-(1- naphthoyl)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-methyl- 2-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:
a. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH- 200), 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-(1- naphthoyl)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-3- yl-(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-methyl- 2-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-(1- naphthoyl)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-(4- morpholinyl)ethyl, 1-(N-methyl-2-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 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
d. 1-hexyl-5-phenyl-3-(1-naphthoyl)pyrrole (JWH-147); 4. Naphthylideneindenes: any compound containing a 1-(1- naphthylmethylene)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-(4- morpholinyl)ethyl, 1-(N-methyl-2-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 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-1- ylidene)methyl]naphthalene (JWH-176); 5. Phenylacetylindoles: any compound containing a 3- phenylacetylindole 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-methyl- 2-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-(3- hydroxycyclohexyl)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-(4- morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)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)-3- hydroxycyclohexyl]-phenol (CP-47,497), b. 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]- phenol (cannabicyclohexanol; CP-47,497 C8 homologue), or
c. 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3- hydroxypropyl)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-methyl- 2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2- 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 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-(4- methoxybenzoyl)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-(2- iodobenzoyl)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-methyl- 2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2- pyrrolidinyl)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-(2,2,3,3- tetramethylcyclopropoyl)indole (5Cl-UR-144), or c. 1-(5-fluoropentyl)-3-(2,2,3,3- tetramethylcyclopropoyl)indole (XLR11); 9. Indole Amides: Any compound containing a 1H-Indole-3- carboxamide 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-methyl-2- pyrrolidinyl)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-
1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3- dimethyl-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-3- carboxamide (STS-135), c. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H- indole-3-carboxamide (ADBICA), d. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5- fluoropentyl)-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-3- carboxamide (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-3- carboxylate 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-methyl-2- pyrrolidinyl)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-dimethyl- 1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3- dimethyl-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 (PB- 22), b. quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3- carboxylate (5F-PB-22), c. quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3- carboxylate (BB-22), d. naphthalen-1-yl 1-(4-fluorobenzyl)-1H-indole-3- carboxylate (FDU-PB-22), or e. naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3- carboxylate (NM2201);
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-(4- morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)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 adamantyl ring to any extent. Adamantanoylindoles include, but are not limited to: a. adamantan-1-yl[1-[(1-methyl-2-piperidinyl)methyl]-1H- indol-3-yl]methanone (AM1248), or b. adamantan-1-yl-(1-pentyl-1H-indol-3-yl)methanone (AB- 001); 12. Carbazole Ketone: Any compound containing (9H-carbazole-3- yl) 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-methyl- 2-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-dimethyl- 1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3- dimethyl-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-pentyl- 9H-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-2- piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2- 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-dimethyl- 1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3- dimethyl-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:
a. naphthalen-1-yl(1-pentyl-1H-benzo[d]imidazol-2- l)methanone (JWH-018 benzimidazole analog), or b. (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2- yl)(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;
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;
10. Levorphanol; 11. Metazocine; 12. Methadone; 13. Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4- diphenyl butane; 14. Moramide - Intermediate, 2-methyl-3-morpholino-1, 1- diphenyl-propane-carboxylic acid; 15. Oxycodone; 16. Oxymorphone; 17. Pethidine (Meperidine); 18. Pethidine - Intermediate - A, 4-cyano-1-methyl-4- phenylpiperidine; 19. Pethidine - Intermediate - B, ethyl-4-phenylpiperidine-4- carboxylate; 20. Pethidine - Intermediate - C, 1-methyl-4-phenylpiperidine- 4-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
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,
e. Dihydrotestosterone, f. Drostanolone, g. Ethylestrenol, h. Fluoxymesterone, i. Formebolone, j. Mesterolone, k. Methandienone, l. Methandranone, m. Methandriol, n. Methandrostenolone, o. Methenolone, p. 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).
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;
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;
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,
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 2- 101 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.
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.
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
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
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
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 medication- assisted 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.
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;
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 mid- level 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
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:
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
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.
§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
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
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
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
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.
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,
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.
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.
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
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.
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;
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
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,
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.
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 1- 1902 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
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.
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.
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 Anti- Drug 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
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
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
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.
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,
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
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
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.
§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
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
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".
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
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;
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;
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.
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.
§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.
A. A person or business who manufactures, sells, transfers, furnishes, or receives a precursor substance defined in Section 2- 322 of this title commits an offense if the person: 1. Does not comply with the requirements of Section 2-322, 2- 323 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
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,
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:
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.
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;
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
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
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
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 2- 101 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
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:
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,
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-phenyl- N-[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-(2- phenylethyl)-4-piperidinyl] propanamide, g. one thousand (1,000) kilograms or more of a mixture or substance containing a detectable amount of marijuana
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.
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
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
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.
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.
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.
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
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;
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.
§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
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
(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
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.
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
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
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 Twenty- five 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
a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); 3. 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); 4. 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); 5. 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
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 3,4- Methylenedioxy 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
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
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.
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 2- 506 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
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
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
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 seventy- five 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.
§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
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.
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.
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.
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.
§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:
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
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
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
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
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.
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”.
Added by Laws 2008, c. 170, § 1, eff. July 1, 2008. Amended by Laws 2009, c. 442, § 9, eff. July 1, 2009.
§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
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 2- 503.1a 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 2- 503.1a 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.
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.
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 2- 503.1 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.
Added by Laws 2008, c. 170, § 9, eff. July 1, 2008. Amended by Laws 2009, c. 442, § 10, eff. July 1, 2009.
§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
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
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
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
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
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
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 2- 508 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.
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)
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
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
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.
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.
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:
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
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
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
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.
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
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 2- 505 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
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
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.
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, 2- 401, 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,
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.
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
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 three- tenths 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
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.
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
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.
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
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,
d. court records, e. prosecutorial records, f. 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
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
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.
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.