Title 63 — Title 63 — Public Health and Safety

inapplicable. A. The presumption pursuant to Section 3080.3 of this title shall not apply if: 1. The attending physician of the incompetent patient knows that the patient, when competent, decided on the basis of information sufficient to constitute informed consent that artificia…

A. Notwithstanding any other provision of law, no person and no health care facility shall be required to participate in or provide facilities for medical treatment or care of an incompetent patient who is to die as the result of dehydration or starvation. B. The law of this stat…

This act shall be known and may be cited as the "Nondiscrimination in Treatment Act". Added by Laws 2013, c. 160, § 1, eff. Nov. 1, 2013.

As used in the Nondiscrimination in Treatment Act: 1. "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to practice a health care or healing arts profession or who administers health care in the ordinary course of …

A. A health care provider shall not deny to a patient a life- preserving health care service the provider provides to other patients, and the provision of which is directed by the patient or a person legally authorized to make health care decisions for the patient: 1. On the basi…

A cause of action for injunctive relief may be maintained against any health care provider who is reasonably believed to be about to violate, who is in the course of violating, or who has violated the Nondiscrimination in Treatment Act by an affected patient or a person legally a…

This act shall be known and may be cited as the "Right to Try Act". Added by Laws 2015, c. 112, § 1, eff. Nov. 1, 2015.

For purposes of the Right to Try Act: 1. "Eligible patient" means a person who has: a. a terminal illness, attested to by the patient's treating physician, b. considered all other treatment options currently approved by the United States Food and Drug Administration, c. been unab…

of patients' heirs. A. A manufacturer of an investigational drug, biological product or device may make available the manufacturer's investigational drug, biological product or device to eligible patients pursuant to the Right to Try Act. An investigational drug, biological produ…

Medicare certification prohibited. Notwithstanding any other law, a licensing board may not revoke, fail to renew, suspend or take any action against a health care provider's license, based solely on the health care provider's recommendations to an eligible patient regarding acce…

An official, employee or agent of this state shall not block or attempt to block an eligible patient's access to an investigational drug, biological product or device. Counseling, advice or a recommendation consistent with medical standards of care from a licensed health care pro…

The Right to Try Act does not create a private cause of action against a manufacturer of an investigational drug, biological product or device or against another person or entity involved in the care of an eligible patient using the investigational drug, biological product or dev…

Nothing in the Right to Try Act affects the mandatory health care coverage for participation in clinical trials. Added by Laws 2015, c. 112, § 7, eff. Nov. 1, 2015.

63 O.S. § 3101 Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992

Sections 3101.1 through 3101.16 of this title shall be known and may be cited as the "Oklahoma Advance Directive Act". Added by Laws 1992, c. 114, § 1, eff. Sept. 1, 1992. Amended by Laws 2006, c. 171, § 3, emerg. eff. May 17, 2006.

A. In the absence of knowledge of the revocation of an advance directive, a person is not subject to civil or criminal liability or discipline for unprofessional conduct for carrying out the advance directive pursuant to the requirements of the Oklahoma Advance Directive Act. B. …

constituting felonies - Sanctions. A. A physician or other health care provider who willfully fails to arrange the care of a patient in accordance with Section 3101.9 of this title shall be guilty of unprofessional conduct. B. A physician who willfully fails to record the determi…

A. Death resulting from the withholding or withdrawal of life- sustaining treatment in accordance with the Oklahoma Advance Directive Act shall not constitute, for any purpose, a suicide or homicide. B. The making of an advance directive pursuant to Section 3101.4 of this title s…

In the absence of knowledge to the contrary, a physician or other health care provider may presume that an advance directive complies with the Oklahoma Advance Directive Act and is valid. Added by Laws 1992, c. 114, § 13, eff. Sept. 1, 1992. Amended by Laws 2006, c. 171, § 12, em…

Execution of an advance directive by an individual, which provides for the provision, withholding, or withdrawal of life- sustaining treatment for that individual or for the appointment of another to give directions to provide, withhold, or withdraw life- sustaining treatment, ex…

A. Any directive to a physician executed pursuant to the former Oklahoma Natural Death Act, 63 O.S. 1991, Section 3101 et seq., which was executed prior to September 1, 1992, shall be enforceable according to its terms until revoked and shall have the same force and effect as if …

personal views and best interests of declarant. An individual making life-sustaining treatment decisions pursuant to the provisions of the Oklahoma Advance Directive Act for a declarant shall make such decisions based on the known intentions, personal views and best interests of …

providers - Certain acts not condoned, authorized or approved. A. The purpose of the Oklahoma Advance Directive Act is to: 1. Recognize the right of individuals to control some aspects of their own medical care and treatment, including but not limited to the right to decline medi…

As used in the Oklahoma Advance Directive Act: 1. "Advance directive for health care" means any writing executed in accordance with the requirements of Section 3101.4 of this title and may include a living will, the appointment of a health care proxy, or both such living will and…

nutrition/hydration provision - Form - Inclusion in declarant's medical records - Authority of proxy - Designation based on religious beliefs or tenets. A. An individual of sound mind and eighteen (18) years of age or older may execute at any time an advance directive for health …

A. An advance directive becomes operative when: 1. It is communicated to the attending physician; and 2. The declarant is no longer able to make decisions regarding administration of life-sustaining treatment. When the advance directive becomes operative, the attending physician …

A. An advance directive may be revoked in whole or in part at any time and in any manner by the declarant, without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the attending physician or other health care provider by the …

The determination of the attending physician and another physician that the patient is a qualified patient shall become a part of the patient's medical record. Added by Laws 1992, c. 114, § 7, eff. Sept. 1, 1992.

sustaining treatment - Patient's comfort and alleviation of pain - Pregnant patient. A. A patient may make decisions regarding life-sustaining treatment as long as the patient is able to do so. B. Even if life-sustaining treatment or artificial administration of nutrition and hyd…

with act. An attending physician or other health care provider who is unwilling to comply with the Oklahoma Advance Directive Act shall as promptly as practicable take all reasonable steps to arrange care of the declarant by another physician or health care provider when the decl…

63 O.S. § 3102 Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992

A. The State Department of Health shall establish and maintain an advance directives registry which shall be accessible through a website maintained by the Department. The registry shall be used to store advance directives pursuant to the Oklahoma Advance Directive Act that are f…

A. The State Department of Health shall maintain a website of advance directive forms that may be downloaded for printing and into word processing programs. B. Under the heading "Statutory Advance Directive Form", the website shall include the forms specified in subsection C of S…

forms and registry. A. The State Department of Health shall prepare, and from time to time amend, a disclosure statement designed to inform patients of the availability of the advance directive forms on the Department’s website and of the option of filing executed advance directi…

health care decisions for those incapable of communicating. A. When an adult patient or a person under eighteen (18) years of age who may consent to have services provided by health professionals under Section 2602 of this title is persistently unconscious, incompetent or otherwi…

A. No person shall be authorized under Section 3102.4 of this title to make health care decisions for a patient if that person: 1. Has been convicted of, pled guilty to, or pled no contest to any violation of Section 843.1, 843.2, 843.4 or 843.5 of Title 21 of the Oklahoma Statut…

eligible to give consent. A. When a patient, because of a medical condition, is treated by a licensed medical doctor or doctor of osteopathy holding a faculty appointment at a medical school accredited by the Liaison Committee on Medical Education or American Osteopathic Associat…

63 O.S. § 3103 Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992

1992.

63 O.S. § 3104 Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992

63 O.S. § 3105 Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992

Treatment Act. This act shall be known and may be cited as the "Physician Orders for Life-Sustaining Treatment Act". Added by Laws 2016, c. 355, § 1.

As used in the Physician Orders for Life-Sustaining Treatment Act: 1. "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 lim…

form – Noncompliant forms. A. The Office of the Attorney General shall establish the standardized format for a form in accordance with the provisions of Section 4 of this act, adhering to the directions, sequence and wording in those provisions. B. An Oklahoma physician orders fo…

1. At the top of the first page of the standardized format Oklahoma physician orders for life-sustaining treatment form the following wording in all capitals shall appear against a contrasting color background: "FORM SHALL ACCOMPANY PERSON WHEN TRANSFERRED OR DISCHARGED"; at the …

Liability for falsification of form – Temporary court orders. A. A physician or other health care provider acting in good faith and in accordance with reasonable medical standards applicable to the physician or other health care provider is not subject to civil or criminal liabil…

63 O.S. § 3106 Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992

63 O.S. § 3107 Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992

63 O.S. § 3108 Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992

63 O.S. § 3109 Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992