Title 63 — Title 63 — Public Health and Safety

63 O.S. § 3110 Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992

63 O.S. § 3111 Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992

This act shall be known and may be cited as the "Oklahoma Health Care Agent Act". Added by Laws 2022, c. 136, § 1, emerg. eff. April 29, 2022.

A copy of a written power of attorney for health care or revocation of a power of attorney for health care has the same effect as the original. Added by Laws 2022, c. 136, § 10, emerg. eff. April 29, 2022.

A. This act shall not be construed to create a presumption concerning the intention of an individual who has not made or who has revoked a power of attorney for health care. B. This act shall not be construed to authorize or require a health care provider or facility to provide h…

On petition of a patient, the patient's agent, or a health care provider or facility involved with the patient's care, the court may enjoin or direct a health care decision or order other equitable relief. A proceeding under this section shall be governed by Title 12 of the Oklah…

Any document made in substantial compliance with the requirements of the Oklahoma Health Care Agent Act shall have full force and effect including such documents made prior to the effective date of this act. Added by Laws 2022, c. 136, § 13, emerg. eff. April 29, 2022.

As used in the Oklahoma Health Care Agent Act: 1. "Advance directive for health care" means any writing executed in accordance with the requirements of Section 3101.4 of Title 63 of the Oklahoma Statutes; 2. "Agent" means an individual designated in a power of attorney for health…

Authority of agent. A. A person with capacity may give an oral or written individual instruction. The instruction may be limited to take effect only if a specified condition arises. B. A person with capacity may execute a power of attorney for health care, which may authorize the…

A. An individual may revoke the designation of an agent by a signed writing or by personally informing the health care provider at any time and in any manner that communicates an intent to revoke. B. A health care provider or agent who is informed of a revocation shall promptly c…

The following form may, but need not, be used to create a power of attorney for health care. The other sections of this act govern the effect of this form or any other writing used to create a power of attorney for health care. An individual may complete or modify all or any part…

A. Before implementing a health care decision made for a patient, the attending physician, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision. B. An attending physician who knows of the existence of a power …

decisions. Unless otherwise specified in a power of attorney for health care, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health c…

A. A health care provider or facility acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or facility shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for: 1. Co…

A. This act shall not be construed to affect the right of an individual to make health care decisions while having capacity to do so. B. An individual is presumed to have capacity to make a health care decision and to give or revoke powers of attorney for health care. Added by La…

For the purposes of Sections 2 through 6 of this act: 1. "Aftercare" means any assistance provided by a designated lay caregiver to an individual under this act after the patient's discharge from a hospital. Such assistance may include tasks that are limited to the patient's cond…

A. Hospitals shall provide each patient or the patient's legal guardian with an opportunity to designate one lay caregiver following the patient's admission into a hospital and prior to the patient's discharge to the patient's residence: 1. In the event the patient is unconscious…

If a patient has designated a lay caregiver, a hospital shall notify the patient's designated lay caregiver of the patient's discharge to the patient's residence or transfer to another licensed facility as soon as practicable. In the event the hospital is unable to contact the de…

plan. As soon as practicable, the hospital shall attempt to consult with the designated lay caregiver to prepare him or her for aftercare and issue a discharge plan describing a patient's aftercare needs. In the event the hospital is unable to contact the designated lay caregiver…

A. Nothing in this act shall be construed to interfere with the rights of a person legally authorized to make health care decisions as defined in paragraph 4 of Section 3090.2 of Title 63 of the Oklahoma Statutes. B. Nothing in this act shall be construed to create a private righ…

No state or federal dollars shall be used for payment to any lay caregiver as defined in this act after discharge from a hospital. No state or federal program funding shall be impacted by this act. Added by Laws 2014, c. 253, § 6, eff. Nov. 1, 2014.

The State Board of Health shall request, in hospital license and renewal applications submitted pursuant to Sections 1-703 and 1-704 of Title 63 of the Oklahoma Statutes, verification of compliance with the provisions of Sections 3112 through 3117 of Title 63 of the Oklahoma Stat…

Sections 1 through 3 of this act shall be known and may be cited as the "Uniform Determination of Death Act". Added by Laws 1986, c. 262, § 1.

An individual who has sustained either: 1. irreversible cessation of circulatory and respiratory functions, or 2. irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medi…

The Uniform Determination of Death Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. This act does not concern itself with living wills, death with dignity, euthanasia, ru…

of remains of a child. A. This section shall be known and may be cited as “Lily’s Law”. B. As used in this section: 1. “Birthing center” has the same meaning as provided by Section 1-701 of this title; 2. “Fetal death” means: a. spontaneous death prior to the complete expulsion o…

This act shall be known and may be cited as the "Oklahoma Do- Not-Resuscitate Act". Added by Laws 1997, c. 327, § 1, eff. Nov. 1, 1997.

If a person with a do-not-resuscitate consent or order is transferred from such person's home to the care of a health care agency or from the care of one health care agency to another health care agency, the existence of a do-not-resuscitate consent or order shall be communicated…

A. Except as otherwise provided in the Oklahoma Do-Not- Resuscitate Act, a person's right to receive and a health care provider's responsibility to administer cardiopulmonary resuscitation shall not be impaired. Nothing in the Oklahoma Do- Not-Resuscitate Act shall impair or supe…

A. The Director of the Department of Human Services, no later than one (1) year after the effective date of this act, shall implement the statewide distribution of do-not-resuscitate forms which comply with Section 5 of this act. B. Do-not-resuscitate identification as set forth …

The withholding of cardiopulmonary resuscitation from a person in accordance with the provisions of the Oklahoma Do-Not-Resuscitate Act shall not, for any purpose, constitute suicide or homicide. The withholding of cardiopulmonary resuscitation from a person in accordance with th…

The provisions of the Oklahoma Do-Not-Resuscitate Act apply to all persons regardless of whether or not they have completed an advance directive for health care, provided that the provisions of the Oklahoma Do-Not-Resuscitate Act may not be construed to authorize issuance of a do…

It is the intention of the Legislature to recognize that the existence of do-not-resuscitate identification or consent correctly expresses the will of any person who bears it and that foreign courts recognize this expression and give full faith and credit to do-not-resuscitate id…

As used in the Oklahoma Do-Not-Resuscitate Act: 1. "Attending physician" means a licensed physician who has primary responsibility for treatment or care of the person. If more than one physician shares that responsibility, any of those physicians may act as the attending physicia…

agencies not required to provide certain treatment, facilities or services. A. Every person shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless one or more of the following conditions, of which …

A. For persons under the care of a health care agency, a do- not-resuscitate order shall, if issued, be in accordance with the policies and procedures of the health care agency as long as not in conflict with the provisions of the Oklahoma Do-Not-Resuscitate Act. B. The do-not-re…

Health care providers shall, when presented with the original or copy of any do-not-resuscitate consent form created as provided under Section 5 of this act, take appropriate actions to comply with the do-not-resuscitate request. Added by Laws 1997, c. 327, § 6, eff. Nov. 1, 1997…

A. At any time, a person under the care of a health care agency may revoke such person's do-not-resuscitate consent by making an oral, written, or other act of communication to a physician or other health care provider of a health care agency. B. At any time, a person not under t…

and professional discipline. A. No health care provider, health care agency, or individual employed by, acting as the agent of, or under contract with any such health care provider, health care agency, or individual shall be subject to criminal prosecution, civil liability, or di…

A. No policy of life insurance shall be impaired, modified, or invalidated in any manner by the issuance of a do-not-resuscitate consent or order, notwithstanding any term of the policy to the contrary. B. A person may not prohibit or require the issuance of a do- not-resuscitate…

A. As used in this section: 1. a. "Health benefit plan" means a plan that: (1) provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, and (2) is offered by any insurance company, group hospital service corporation, th…

A. As used in this section: 1. a. "Health benefit plan" means a plan that: (1) provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, and (2) is offered by any insurance company, group hospital service corporation, th…

A. Sections 1 through 8 of this act shall be known and may be cited as the "Assisted Suicide Prevention Act". B. It is the intent of the Oklahoma Legislature to protect vulnerable persons from suicide, to reduce the cost to taxpayers of enforcing the assisted-suicide laws by prom…

As used in the Assisted Suicide Prevention Act: 1. "Licensed health care professional" means a physician and surgeon, podiatrist, osteopath, osteopathic physician and surgeon, physician assistant, nurse, dentist, or pharmacist; and 2. "Suicide" means the act or instance of intent…

A person violates the Assisted Suicide Prevention Act when the person, with the purpose of assisting another person to commit or to attempt to commit suicide, knowingly either: 1. Provides the physical means by which another person commits or attempts to commit suicide; or 2. Par…

A. A licensed health care professional who administers, prescribes, or dispenses medications or procedures for the purpose of alleviating pain or discomfort, even if their use may increase the risk of death, shall not be deemed to have violated Section 3 of this act or Section 81…

A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate, who is in the course of violating, or who has violated Section 3 of this act by any person who is: 1. The spouse, parent, child, or sibling of the perso…

Any person given standing by paragraph 1 or 2 of Section 5 of this act, or the person who would have committed suicide, in the case of an attempt, may maintain a cause of action against any person who violates or attempts to violate Section 3 of this act for compensatory damages …

In any action or proceeding brought pursuant to Section 5 or 6 of this act, the court shall allow the prevailing plaintiff a reasonable attorney fee as part of its costs. If the court determines that the action or proceeding was brought frivolously or in bad faith, the court shal…

The licensing agency which issued a license or certification to a licensed health care professional who assists in a suicide in violation of Section 3 of this act shall revoke or suspend the license or certificate of that person upon receipt of: 1. A copy of the record of crimina…