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0 chapters · 2,103 sections in this title.
63 O.S. § 1-756.9 Creation and distribution of forms
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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 te…
63 O.S. § 1-757.1 Short title - Oklahoma Abortion-Inducing Drug
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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 O.S. § 1-757.10 Violations – Criminal penalties
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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 t…
63 O.S. § 1-757.11 Violations – Civil penalties
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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 d…
63 O.S. § 1-757.12 Enforcement scheme
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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-inducin…
63 O.S. § 1-757.13 Complaint portals
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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 S…
63 O.S. § 1-757.14 Construction and application of act
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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…
63 O.S. § 1-757.15 Joint resolution for legislators to intervene in
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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 ch…
63 O.S. § 1-757.16 Severability
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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 ef…
63 O.S. § 1-757.2 Definitions
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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…
63 O.S. § 1-757.3 Application of act
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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 O.S. § 1-757.4 Oklahoma Abortion-Inducing Drug Certification Program
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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 Prog…
63 O.S. § 1-757.5 Promulgation of rules – Requirements for manufacturers
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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 Boar…
63 O.S. § 1-757.6 Certification system for manufacturers and
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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 …
63 O.S. § 1-757.7 Certification system for physicians
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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 drug…
63 O.S. § 1-757.8 Certified physician requirements
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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-…
63 O.S. § 1-757.9 Reporting system for certified physicians to report
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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 serv…
63 O.S. § 1-819 Residential Care Act
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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 O.S. § 1-820 Definitions
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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 private…
63 O.S. § 1-821 Rules - Powers and duties
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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 welfa…
63 O.S. § 1-822 Application for license - Fee - Information required -
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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 Do…
63 O.S. § 1-823 Transfer of ownership of home - Probationary license
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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 …
63 O.S. § 1-824 Probationary license - Duration - Conditions for
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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 probationa…
63 O.S. § 1-825 Violation of act - Penalties and liabilities
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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 …
63 O.S. § 1-826 Denial, refusal to renew, suspension or revocation of
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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 A…
63 O.S. § 1-827 Effective date of nonrenewal, suspension or revocation
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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 …
63 O.S. § 1-828 Fire safety inspections - Fire safety rules and
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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 promu…
63 O.S. § 1-828.1 State agencies - Placement of persons in unlicensed
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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 O.S. § 1-829 Inspections and investigations - Reports
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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 …
63 O.S. § 1-830 Complaints - Notice - Hearing - Orders - Emergencies
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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…
63 O.S. § 1-830.1 Participation in dispute resolution panels
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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…
63 O.S. § 1-830.2 Challenge to statement of deficiency – Informal
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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 o…
63 O.S. § 1-831 Report or plan of correction
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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. …
63 O.S. § 1-832 Prohibited acts - Violations
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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 ext…
63 O.S. § 1-833 Penalties
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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 viola…
63 O.S. § 1-834 Prosecution of violations - Action for equitable relief
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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 a…
63 O.S. § 1-835 Administration of medication to resident
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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,…
63 O.S. § 1-836 Rules ensuring minimum standards for homes
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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…
63 O.S. § 1-837 Insuring life of resident - Persons eligible -
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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. …
63 O.S. § 1-839 Disposition of monies received by Department
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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. Adde…
63 O.S. § 1-840 Other provisions applicable to residential care homes
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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 thi…
63 O.S. § 1-841 Accounting of clients' financial records
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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 giv…
63 O.S. § 1-842 Residents' representatives
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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…
63 O.S. § 1-850 Short title
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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 O.S. § 1-851 Public policy as to development of long-term services
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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 re…
63 O.S. § 1-851.1 Definitions
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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 s…
63 O.S. § 1-851.2 Department - Powers and duties - Participation in
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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 th…
63 O.S. § 1-851.3 Certificate of need required
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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 …
63 O.S. § 1-852 Long-term care facility certificate of need –
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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 Departmen…
63 O.S. § 1-852.1 Fees - Maximum fee - Capital cost for acquisition -
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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).…