Title 63, Title 63 — Public Health and Safety

The purpose of the Oklahoma Blood Exchange Act is to insure cooperation among and between the regional blood service and distribution systems operating within the state and to provide whole blood, blood components and blood derivatives at the lowest possible cost to all persons i…

As used in this act: "Blood service systems" means regional providers of whole blood, blood components or blood derivatives; provided, for purposes of this act, all regional providers operating with the same establishment license number of the United States Department of Health a…

Regional blood service systems operating within the state shall establish plans and procedures for the exchange of blood and blood products on a basis of regularly scheduled shipments based upon past use and anticipated needs. Prior to contracting with out-of-state blood supplier…

A. It shall be the intent of the Legislature that each blood service system operating in this state use only blood and blood products obtained from volunteer donors, except in an emergency calling for a rare blood type that is not available from a nonpaid donor or in an unusual d…

lymphotropic virus type III - Notification of donors. Each blood service system shall have a test to detect the presence of antibodies to the human T-lymphotropic virus type III. Such test shall be performed on each donation of blood prior to the use, disposal, distribution, or e…

Donor forms - Unlawful representations. A. Every blood service system shall furnish a blood donor, preceding or at the time of a blood donation, a concise, complete, written statement as to any benefit which may arise from the donation of blood. This statement shall include, at l…

Each blood service system operating within this state shall publish annually a financial statement which clearly identifies, on an individual system basis, its assets, liabilities, income, expenses and net worth and shall maintain an accounting system which facilitates a determin…

Any violation of this act shall be a misdemeanor and upon conviction thereof, shall result in a fine of not more than Five Hundred Dollars ($500.00). Laws 1980, c. 281, § 10, eff. Oct. 1, 1980.

This act shall be known and may be cited as the “Danielle Martinez Act”. Added by Laws 2005, c. 87, § 1, emerg. eff. April 21, 2005.

Donation to bank. A. Contingent on the provision of appropriated funds designated for the State Department of Health or the donation of private funds to the State Department of Health for such purpose, on or before January 1, 2009, the State Department of Health, in collaboration…

cord blood collection operation. A. On or before July 1, 2008, the State Commissioner of Health shall request information from one or more umbilical cord blood banks concerning the establishment of a public cord blood collection operation within this state to collect, transport, …

gift of decedent's body or part. A. A person authorized to make an anatomical gift under Section 9 of this act may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is conte…

gift. A. An anatomical gift may be made to the following persons named in the document of gift: 1. A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education as designated by…

A. The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: 1. A law enforcement officer…

examine. A. A document of gift need not be delivered during the donor’s lifetime to be effective. B. Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination an…

others A. When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Department of Public Safety and any donor registry that it knows exists for the geographical area in which the indi…

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. Added by Laws 2009, c. 139, § 15, eff. Nov. 1, 2009.

fees. A. Except as otherwise provided in subsection B of this section, a person that, for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death commits a…

gain - Penalties. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a Class D1 felony offense and upon conviction is sub…

A. A person who acts in accordance with this act or with the applicable anatomical gift law of another state or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. B. Neither the person making an anatom…

Presumption of validity. A. A document of gift is valid if executed in accordance with: 1. This act; 2. The laws of the state or country where it was executed; or 3. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residen…

This act shall be known and may be cited as the “Oklahoma Uniform Anatomical Gift Act”. Added by Laws 2009, c. 139, § 1, eff. Nov. 1, 2009.

A. 1. There is hereby established within the State Department of Health, an organ, eye and tissue donor registry for the State of Oklahoma to be known as the “Life Share Donor Registry”. The Department is authorized to contract with the designated organ procurement organization w…

directive. A. As used in this section: 1. “Advance health care directive” means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health care decision for the prospective donor; 2.…

organizations. A. A medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. B. If a medical examiner receives notice from a procurement organizatio…

under medical examiner's jurisdiction. A. Upon request of a procurement organization, a medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 2009, c. 139, § 24, eff. Nov. 1, 2009.

National Commerce Act. This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic deli…

Any references in the Oklahoma Statutes to the Uniform Anatomical Gift Act shall mean the Oklahoma Uniform Anatomical Gift Act. Added by Laws 2009, c. 139, § 26, eff. Nov. 1, 2009.

recovery organizations. Neither the Office of the Chief Medical Examiner nor any employee of the Office of the Chief Medical Examiner of this state shall receive compensation of any kind from any organ, eye or tissue recovery organization except as provided in subsection G of Sec…

This act shall be known and may be cited as "Everett's Law". Added by Laws 2021, c. 87, § 1, eff. Nov. 1, 2021.

As used in this act: 1. "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion; 2. "Auxiliary aids or services" means an aid or service that is used to provide information to an in…

As used in the Oklahoma Uniform Anatomical Gift Act: 1. "Adult" means an individual who is at least eighteen (18) years of age; 2. "Agent" means an individual: a. authorized to make health care decisions on the principal's behalf by a power of attorney for health care, or b. expr…

covered entities. A. The provisions of this section shall apply to all stages of the organ transplant process. B. A covered entity shall not, solely on the basis of an individual's disability: 1. Consider the individual ineligible to receive an anatomical gift or organ transplant…

A. Whenever it appears that a covered entity has violated or is in violation of any of the provisions of this act, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with th…

A. For purposes of this section: 1. "Covered person" means a policyholder, subscriber, enrollee, member or individual covered by a health benefit plan; 2. "Health benefit plan" means a policy, contract, certificate, or agreement entered into, offered or issued by a health carrier…

This act applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. Added by Laws 2009, c. 139, § 3, eff. Nov. 1, 2009.

donor's death. Subject to Section 6 of this act, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 5 of this act by: 1. The donor, if the dono…

A. A donor may make an anatomical gift: 1. By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver license or identification card; 2. In a will; 3. During a terminal illness or injury of the donor, by any fo…

death. A. Subject to Section 8 of this act, a donor or other person authorized to make an anatomical gift under Section 4 of this act may amend or revoke an anatomical gift by: 1. A record signed by: a. the donor, b. the other person, or c. subject to subsection B of this section…

A. An individual may refuse to make an anatomical gift of the individual’s body or part by: 1. A record signed by: a. the individual, or b. subject to subsection B of this section, another individual acting at the direction of the individual if the individual is physically unable…

revocation. A. Except as otherwise provided in subsection G of this section and subject to subsection F of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift o…

decedent's body or part. A. Subject to subsections B and C of this section and unless barred by Section 7 or 8 of this act, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following c…

A. On or after November 1, 1999, no person, corporation, partnership, association or other legal entity shall establish, operate or maintain a tissue bank that procures bone, skin, or connective tissue unless that entity has been issued a permit by the State Department of Health.…

banks. A. 1. With respect to a gift of eyes as provided for in this chapter, eye bank technicians who have successfully completed a course in eye recovery in the State of Oklahoma or elsewhere and have received a certificate of competence from the Eye Bank Association of America,…

In order to provide an expeditious procedure for a person to make a gift of all or part of the body of the person pursuant to the provisions of the Uniform Anatomical Gift Act, Service Oklahoma shall make space available on the front and back of the driver license and the identif…

This act shall be known and may be cited as the “Cheryl Selman Organ Donor Education and Awareness Act”. Any references in the statutes to the Oklahoma Organ Donor Education and Awareness Program Act shall be deemed references to the Cheryl Selman Organ Donor Education and Awaren…

A. The State Department of Health and the State Department of Education, giving consideration to the recommendations of the Advancement of Wellness Advisory Council created in Section 44 of this act, shall develop organ donor education awareness programs to educate the general pu…

Revolving Fund. A. There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Oklahoma Organ Donor Education and Awareness Program Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limita…

A. Each individual taxpayer required to file a state income tax return who desires to contribute to the Oklahoma Organ Donor Education and Awareness Program Fund, as created in Section 2220.3 of this title, may designate the contribution on the appropriate income tax form. The co…