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§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.
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(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,
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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
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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 Board 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, 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
State Board of Health. 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 State Board of Health. Five members shall constitute a
quorum.
3. 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;
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and adoption of nonbinding resolutions to the State Department of
Health or the State Board of Health 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 State Board of Health 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 State Board of Health.
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:
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(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 State Board of Health 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 State Board of Health.
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 State Board of Health 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 State Board of Health.
F. 1. All members of the Advancement of Wellness Advisory
Council shall be knowledgeable of issues that arise in the area of
/ -*--+!(' !+0 '.!- -&,-)!2 -9!
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, and
(2) one member who is knowledgeable about organ donor
issues,
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, and
(2) one member who is the president or chief operating
officer of a business that has been designated a
certified healthy business,
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, and
(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
d. the State Board of Health 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, 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 State Board of Health.
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 Oklahoma
Home Care Act,
b. the President Pro Tempore of the Senate shall appoint:
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(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 Oklahoma
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 State Board of Health 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 State Board of
Health.
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 State Board of Health
rules on behalf of the State Department of Health. The State
Department of Health shall not have standing to recommend to the
State Board of Health 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 State Board of
Health, give public notice, offer an opportunity for public comment
and conduct a public rulemaking hearing when required by the
Administrative Procedures Act;
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3. Have the authority to make nonbinding written recommendations
to the State Board of Health and/or to the State Department of Health
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 State Board of Health or
the State Department of Health concerning the need and
the desirability of conducting meetings, workshops and
seminars; and
5. Cooperate with each other Advisory Council, the public, the
State Board of Health 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 State Department of Health.
I. The Advisory Councils shall not recommend rules for
promulgation by the State Board of Health 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 State Department of Health and obtain
administrative assistance from the State Department of Health, 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.
§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.
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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:
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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
/ -*--+!(' !+0 '.!- -&,-)!2 -9!=
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
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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.
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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. State Commissioner of Health - Qualifications - Powers
and duties.
A. The State Commissioner of Health shall serve at the pleasure
of the State Board of Health, 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 have the following powers and duties,
unless otherwise directed by the State Board of Health:
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
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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 State Board of Health.
All rules adopted by the State Board of Health 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
State Board of Health 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 or the State Board 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 or the Board
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
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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 State Board of Health
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
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and Training, to investigate violations of the Public Health Code and
to provide security to Department facilities.
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.
§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
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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. By January 1, 1999, the State Board 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, managed care
organization, or other entity requiring credentials verification; and
2. Recredentialing or reappointment in a hospital, managed care
organization, or other entity requiring credentials verification.
B. Any entity requiring credentials verification may require
supplemental information.
Added by Laws 1998, c. 210, § 1, eff. July 1, 1998.
§63-1-106.3. Oklahoma Food Service Advisory Council
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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,
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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.
§63-1-107. 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.
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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
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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
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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;
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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
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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.
§63-1-115. 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 7 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;
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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.
§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
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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;
and
9. Build and maintain the data base.
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,
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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.
§63-1-119. Collection of health care data.
A. 1. The Division of Health Care Information within the State
Department of Health shall, with the advice of the Health Care
Information Advisory Committee and in accordance with the rules of
the State Board 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,
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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
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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.
§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 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. The Division shall establish
a Health Care Information Advisory Committee as provided in Section
1-122 of this title, to assist with determinations related to data
collection, and information to be released and disseminated to the
public.
C. The confidentiality of identifying information is to be
protected and the pertinent statutes, rules and regulations of the
State of Oklahoma 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
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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.
§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. Health Care Information Advisory Committee.
A. The State Commissioner of Health shall appoint a Health Care
Information Advisory Committee to advise and assist the Division of
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Health Care Information with determinations related to data elements
to be collected, reporting requirements, and the release and
dissemination of information to the public.
B. The membership of the Health Care Information Advisory
Committee shall include, but not be limited to, the Administrator of
the Oklahoma Health Care Authority, or a designee and the presidents
of the following organizations, or their designees:
1. The Oklahoma State Chamber of Commerce;
2. The Oklahoma Hospital Association;
3. The Oklahoma State Medical Association;
4. The Oklahoma Osteopathic Association;
5. The Oklahoma AFL-CIO;
6. A statewide health care consumer coalition;
7. The Association of Oklahoma Life Insurance Companies;
8. The Oklahoma Health Care Association;
9. The Oklahoma Pharmaceutical Association;
10. The Oklahoma Dental Association;
11. The Oklahoma State Chiropractic Association;
12. The Oklahoma Optometric Association;
13. The Oklahoma Physical Therapy Association;
14. The Oklahoma Podiatric Medical Association;
15. The Oklahoma Psychological Association; and
16. The Oklahoma Association of Home Care.
C. For voting purposes, a majority of the members in attendance
at a meeting shall be able to take action on behalf of the Advisory
Committee.
D. The Division, with the approval of the Commissioner, may
appoint health care data technical advisory committees as needed and
appropriate to assist in the development of implementation methods
and in the interpretation and evaluation of the data received
pursuant to the Oklahoma Health Care Information System Act.
The Health Care Information Advisory Committee and any technical
advisory committees established pursuant to this section shall
provide information and assistance to any legislative committee or
task force requesting such information or assistance.
Added by Laws 1992, c. 347, § 8, eff. Sept. 1, 1992. Amended by Laws
1993, c. 332, § 20; Laws 1994, c. 350, § 4, eff. Sept. 1, 1994; Laws
1997, c. 238, § 4, eff. Nov. 1, 1997; Laws 1998, c. 389, § 9, eff.
July 1, 1998; Laws 2001, c. 353, § 3, eff. Nov. 1, 2001.
§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
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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. Health and medical information – Definitions - Advisory
board.
A. As used in this section:
1. “Electronic medical record” or “EMR” means an electronic
record of health-related information on an individual that can be
created, gathered, managed, and consulted by authorized clinicians
and staff within one health care organization;
2. “Health data exchange” means record-level health data
exchanged for the purpose of statistical data analysis, including,
but not limited to, quality, expenditure, and utilization data, for
the purpose of developing a uniform and routinely compiled dataset
that will make possible the ongoing analysis, comparison, and
evaluation of trends in the quality and delivery of health care
services 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;
3. “Health information exchange” or “HIE” means the electronic
movement of health-related information among organizations according
to nationally recognized standards for treatment purposes;
4. “Health information technology” or “HIT” means technology
that allows comprehensive management of medical information and its
secure exchange between health care consumers and providers for
treatment purposes; and
5. “Hub” means a registry, a data repository, or a patient
identity manager.
B. 1. There is hereby created the “Health Information
Infrastructure Advisory Board”.
2. The purpose of the advisory board shall be to advise and
assist the Oklahoma Health Care Authority in:
a. developing a strategy for the adoption and use of
electronic medical records and health information
technologies that is consistent with emerging national
standards and promotes interoperability of health
information systems. The strategy shall:
(1) be researched and contain the best practices in
electronic medical records systems and health
information technologies,
(2) be designed to reduce medical errors and enable
patients to make better decisions about their own
health care by promoting secure access to medical
records online, and
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(3) assist in the design of the health information
infrastructure roadmap, which shall contain the
state plan for the exchange of health information,
b. the determinations related to data elements to be
collected, and
c. the governance structure and policies and procedures
for the health information exchange, ensuring that the
strategy and plan preserve the privacy and security of
health information as required by state and federal
law.
3. Duties of the advisory board shall not include the
development of a health data exchange; however, key features of a
health information exchange shall be designed to integrate with a
state health data exchange.
4. The Authority shall operate as a hub for health information
exchange between health related state agencies and other health
information organizations. Information exchange shall be implemented
through interagency agreements among all health related agencies.
The agreement shall ensure, but shall not be limited to:
a. confidentiality of information,
b. funding and implementation of the plan, which may
include phased-in implementation, and
c. procedures for coordinating, monitoring, and improving
data exchange that is compatible with current adopters
of electronic medical record systems and health
information technologies.
5. The advisory board shall consist of ten (10) members who
shall be appointed by the directors of the following agencies and
shall include, but not be limited to, individuals from:
a. the Oklahoma Health Care Authority,
b. the State Department of Health,
c. the Department of Mental Health and Substance Abuse
Services,
d. the Department of Human Services,
e. the State and Education Employees Group Insurance
Board,
f. the Insurance Department,
g. the Department of Corrections,
h. the State Department of Rehabilitative Services, and
i. the City-County Health Departments.
6. Vacancies occurring in the advisory board shall be filled by
appointment of the director of the represented agency.
7. The member from the Oklahoma Health Care Authority shall
chair the advisory board, and the Authority shall staff the advisory
board.
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8. Each agency shall receive one vote and a majority of the
members in attendance at a meeting shall be able to take action on
behalf of the advisory board.
9. Members of the advisory board shall serve without
compensation, but shall be reimbursed their actual and necessary
travel expenses in accordance with the State Travel Reimbursement
Act.
Added by Laws 2009, c. 276, § 1, eff. Nov. 1, 2009.
§63-1-132. Oklahoma Health Information Exchange Trust.
! !"#
!
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1. Finalizing the declaration of trust;
2. Adoption of the declaration of trust by an official action of
the trustees of OHIET; and
3. Submission of OHIET for acceptance of the beneficial interest
and approval as required by Section 177 of Title 60 of the Oklahoma
Statutes.
B. The approved declaration of trust shall:
1. Specify that OHIET shall be created as a public trust
pursuant to Section 176 et seq. of Title 60 of the Oklahoma Statutes
and shall have the same rights, responsibilities, and attributes as
any public trust created under such laws;
2. Specify that the primary purpose of OHIET shall be to:
a. serve as Oklahoma's "Qualified State-Designated Entity"
for purposes of any grants awarded pursuant to 42
U.S.C., Section 300jj-33 for purposes of facilitating
and expanding the electronic movement and use of health
information among organizations according to nationally
recognized standards, and
b. promote, develop, and sustain electronic health
information exchanges at the state level; and
3. To the extent required by law, specify the adoption of bylaws
and rules for the due and orderly administration and regulation of
affairs of OHIET, which shall require approval in accordance with the
provisions of the Administrative Procedures Act.
C. The approved declaration of trust shall also require the
trustees of OHIET to establish an advisory board which shall make
recommendations to the trustees. The advisory board shall include in
its membership representatives of:
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1. Health care providers, including providers that provide
services to low income and underserved populations;
2. Health plans;
3. Patient or consumer organizations that represent the
population to be served;
4. Health information technology vendors;
5. Health care purchasers and employers;
6. Public health agencies;
7. Health professions schools, universities, and colleges;
8. Clinical researchers;
9. Other users of health information technology, such as the
support and clerical staff of providers and others involved in the
care and care coordination of patients; and
10. Such other entities as may be determined appropriate by the
Secretary of Health and Human Services pursuant to 42 U.S.C., Section
300jj-33.
D. OHIET shall have seven (7) trustees, three of which shall be
appointed by the Governor, two of which shall be appointed by the
President Pro Tempore of the Senate, and two of which shall be
appointed by the Speaker of the House of Representatives.
E. The terms of the trustees shall be as follows:
1. Of the trustees first appointed, one member appointed by the
Governor shall be appointed for a term of one (1) year, one member
appointed by the President Pro Tempore of the Senate shall be
appointed for a term of two (2) years, one member appointed by the
Speaker of the House of Representatives shall be appointed for a term
of three (3) years, one member appointed by the Governor shall be
appointed for a term of four (4) years, one member appointed by the
President Pro Tempore of the Senate shall be appointed for a term of
five (5) years, one member appointed by the Speaker of the House of
Representatives shall be appointed for a term of (5) years, and one
member appointed by the Governor shall be appointed for a term of
five (5) years; and
2. At the expiration of the term of each member and of each
succeeding member, the entity who originally appointed such member
shall appoint a successor who shall serve for a term of five (5)
years. Whenever a vacancy on the trust occurs, the entity who
originally appointed such member shall fill the same by appointment
and the appointee shall hold office during the unexpired term. Each
member shall hold office until the member's successor has been
appointed and qualified.
F. The provisions of the Governmental Tort Claims Act shall
apply to OHIET as a state-beneficiary public trust created pursuant
to state law. OHIET shall also be immune from liability relating to
the accuracy or completeness of any information submitted by a third
party to any health information exchange operated by OHIET.
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G. The provisions of this section shall cease to be in effect on
January 1, 2016. As of such date, the Oklahoma Health Care Authority
shall fulfill the purpose set forth in subparagraph a of paragraph 2
of subsection B of this section with respect to grants awarded prior
to the effective date of this act.
Added by Laws 2010, c. 388, § 2, emerg. eff. June 7, 2010. Amended
by Laws 2015, c. 157, § 1, eff. Nov. 1, 2015.
§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
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county, for the establishment and operation of district or
cooperative departments of health;
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. Amended by Laws 2009, c.
132, § 1, eff. Nov. 1, 2009.
§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.
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§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, Article X,
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 shall have a district department of health which shall be
operated, in such counties, in the same manner as county departments
of health.
(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 duties under
the supervision of the Commissioner, and who shall, in addition to
his other duties, perform the same powers, duties and functions in
the county, in the health district, or in the cooperative department,
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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 he 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 of any county may contract with the
department of health of any neighboring county or the State
Department of Health to provide the county any or all public health
services. The county receiving the services shall pay the department
rendering the services according to a schedule of fees and payments
mutually agreed upon by the State Board of Health and the county or
counties affected. Such schedule of fees and payments shall be equal
to the cost of the services provided.
Laws 1971, c. 119, § 2-205. Amended by Laws 1990, c. 265, § 36,
operative July 1, 1990.
§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
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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.
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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
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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.
Laws 1963, c. 325, art. 2, § 208; Laws 1967, c. 260, § 3, emerg. eff.
May 8, 1967.
§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
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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
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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.
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Prior to November 1, 2018, there is hereby created in any county
of the State of Oklahoma with a population of more than two hundred
twenty-five thousand (225,000), according to the latest Federal
Decennial Census, and containing within its boundaries a city with a
population of more than one hundred fifty thousand (150,000),
according to the latest Federal Decennial Census, a city-county board
of health composed of nine (9) members. Beginning on and after
November 1, 2018, a county board of health may create in any county
of the State of Oklahoma with a population of more than two hundred
twenty-five thousand (225,000), according to the latest Federal
Decennial Census, and containing within its boundaries a city with a
population of more than one hundred fifty thousand (150,000),
according to the latest Federal Decennial Census, a city-county board
of health composed of nine (9) members. The membership of the Board
shall be composed of five (5) 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.
Added by Laws 1963, c. 325, art. 2, § 210, operative July 1, 1963.
Amended by Laws 2018, c. 143, § 1, eff. Nov. 1, 2018.
§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;
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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.
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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
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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
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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
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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, with approval of the board of county commissioners of the
county, 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
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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.
§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
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(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.
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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.
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§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.
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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
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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
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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
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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.
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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.
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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
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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;
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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;
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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
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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
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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:
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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:
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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.
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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. "Person" means any individual, firm, fiduciary, partnership,
corporation, trust, or association, however formed;
2. "Proof of age" means a driver license, license for
identification only, or other generally accepted means of
identification that describes the individual as eighteen (18) years
of age or older and contains a photograph or other likeness of the
individual and appears on its face to be valid;
3. "Sample" means a tobacco product or vapor product distributed
to members of the public at no cost for the purpose of promoting the
product;
4. "Sampling" means the distribution of samples to members of
the public in a public place;
5. "Tobacco product" means any product that contains tobacco and
is intended for human consumption;
6. "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;
7. "Transaction scan device" means any commercial device or
combination of devices used at a point of sale or entry that is
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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
8. "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.
NOTE: Laws 2000, c. 277, § 1 and Laws 2000, c. 342, § 9 contain
duplicate amendments.
§63-1-229.13. Furnishing of tobacco or vapor products to minors
prohibited – Proof of age – Fines – Employee and employer liability –
Notification of storeowners – Failure to pay administrative fine –
Municipal ordinances.
A. It is unlawful for any person to sell, give or furnish in any
manner any tobacco product or vapor product to another person who is
under eighteen (18) years of age, or to purchase in any manner a
tobacco product or vapor product on behalf of any such person. It
shall not be unlawful for an employee under eighteen (18) years of
age to handle tobacco 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 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 eighteen (18) years of age.
If an individual engaged in the sale or distribution of tobacco
products or vapor products has demanded proof of age from a
prospective purchaser or recipient who is not under eighteen (18)
years of age, the failure to subsequently require proof of age shall
not constitute a violation of this subsection.
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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 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 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 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 or vapor product presented a driver license or
other government-issued photo identification purporting
to establish that such individual was eighteen (18)
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
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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 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 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 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
store owner 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
one of their employees 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 the Department of Public
Safety, and the Department shall suspend or not issue a driver
license to the employee until proof of payment has been furnished to
the Department of Public Safety.
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 the
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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.
NOTE: Laws 2000, c. 277, § 2 repealed by Laws 2001, c. 5, § 13,
emerg. eff. March 21, 2001.
§63-1-229.15. Signs in retail establishments required – Fines.
A. Every person who sells or displays tobacco 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 OR VAPOR PRODUCTS TO PERSONS UNDER 18
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 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.
§63-1-229.16. Notice to retail employees - Signed acknowledgement.
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A. Every person engaged in the business of selling tobacco
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 or
vapor products to any person under eighteen (18) years of age and the
purchase or receipt of tobacco products or vapor products by any
person under eighteen (18) 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 eighteen (18) 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 or vapor products to persons under eighteen (18)
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 eighteen (18) 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.
§63-1-229.17. Vending machine sales restricted.
It shall be unlawful for any person to sell tobacco 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 eighteen (18) 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.
§63-1-229.18. Distribution of tobacco or vapor products and product
samples restricted – Fines – Municipal ordinances.
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A. It shall be unlawful for any person or retailer to distribute
tobacco products, vapor products or product samples to any person
under eighteen (18) years of age.
B. No person shall distribute tobacco 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 eighteen (18) 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.
§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
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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 or
vapor products, except as provided in Section 1511 of Title 68 of the
Oklahoma Statutes, Section 1-1521 et seq. of Title 63 of the Oklahoma
Statutes 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.
§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 or vapor products in any manner that
allows public access to the tobacco products or vapor products
without assistance from the person displaying the tobacco 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 eighteen (18) 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.
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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.
§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 Sections 600.1
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 or vapor products are sold or
distributed to persons under eighteen (18) 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 eighteen (18) 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 eighteen (18) 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 eighteen (18) 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).
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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 or vapor products at retail or otherwise furnish
tobacco 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 600.3 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.
§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.
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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 minors
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 eighteen (18) years of age any
material or device used in the smoking, chewing, or other method of
consumption of tobacco 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 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.
§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".
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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
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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.
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§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.
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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.
§63-1-230. 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
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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
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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.
§63-1-234. 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.
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§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.
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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.
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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.
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§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;
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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.
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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.
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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
twenty-five (25) members, or their designees, as follows:
1. Eighteen of the members shall be:
a. the Chief Medical Examiner,
b. the Chair of the Oklahoma Chapter of the American
College of Obstetricians and Gynecologists,
c. the Chief Medical Officer of the State Department of
Health,
d. the Chief Medical Officer of the Oklahoma Health Care
Authority,
e. the President of the Oklahoma Chapter of the American
College of Nurse-Midwives,
f. the Medical Director for the Oklahoma Perinatal Quality
Improvement Collaborative,
g. the Director of Maternal and Child Health Services of
the State Department of Health,
h. the Commissioner of Mental Health and Substance Abuse
Services,
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i. the Chair of the Oklahoma Chapter of the Association of
Women's Health, Obstetric and Neonatal Nurses,
j. the Director of the Oklahoma State Bureau of
Investigation,
k. the Director of Injury Prevention Services of the State
Department of Health,
l. the Director of the Family Support and Prevention
Service of the State Department of Health,
m. the Executive Director of the Southern Plains Tribal
Health Board,
n. the President of the Oklahoma Chapter of the National
Association of Social Workers,
o. the Director of the Office of Perinatal Quality
Improvement,
p. the Director of the Oklahoma City/County Health
Department,
q. the Director of the Tulsa Health Department, and
r. the Maternal and Child Health Service Perinatal and
Reproductive Health Division Medical Director; and
2. Seven of the members shall be appointed by the 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,
b. a physician who is a member of the Oklahoma Osteopathic
Association,
c. a current law enforcement officer who is employed by a
local or county law enforcement agency,
d. a maternal-fetal medicine physician,
e. 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,
f. an emergency medical technician, and
g. a home-visiting program director.
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.
§63-1-243. Requirements concerning perinatal mental health
disorders.
A. As used in this section:
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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
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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;
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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.
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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,
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(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,
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(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
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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.
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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:
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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 State Senate no later than December 31
of each year.
Added by Laws 2008, c. 48, § 2, eff. Nov. 1, 2008.
§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.
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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.
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§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".
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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
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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
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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
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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
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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 State Commissioner of
Health;
4. "Registration" means the acceptance by the State Commissioner
of Health and the incorporation in his 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,
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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; and
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.
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.
§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.
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§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 State Registrar, 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
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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 conception and
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.
2. If the mother was not married at the time of conception and
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 signed an affidavit
acknowledging paternity pursuant to Section 1-311.3 of
this title, or substantially similar affidavit from
another state and filed it with the State Registrar of
Vital Statistics.
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 State
Registrar receives both a court order and a completed form prescribed
by the State Registrar which identifies the various parties and
documents the personal information of the intended parents necessary
to complete the new birth certificate.
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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.
§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. Providing documentation to the Department of Human
Services.
The State Registrar of Vital Statistics shall provide to the
Department of Human Services the verifications of birth certificates,
affidavits acknowledging paternity and such other documents or
information necessary to comply with this act.
Added by Laws 1994, c. 356, § 8, eff. Sept. 1, 1994.
§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,
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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
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State Commissioner of Health within seven (7) days to the State
Registrar, 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.
(4) and 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.
§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 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 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 action.
Laws 1963, c. 325, art. 3, § 313.
§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.
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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 Registrar of Vital Statistics for this state has
confirmed that a death certificate is not on file with the State
Department of Health;
2. The State Registrar of Vital Statistics has determined that
all due diligence has been performed and the requirements of Section
1-317 of Title 63 of the Oklahoma Statutes requiring a death
certificate to be filed cannot be met; and
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3. The State Registrar of Vital Statistics has determined that
all due diligence has been performed and the requirements of Section
1-314 of Title 63 of the Oklahoma Statutes 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 State Registrar of Vital Statistics
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 State Registrar of
Vital Statistics 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
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certificate or order of any court requiring the issuance of a death
certificate.
Added by Laws 2019, c. 283, § 1, eff. Nov. 1, 2019.
§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
Act, 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.
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.
§63-1-316a. Heirloom birth certificates.
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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. 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 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 in charge
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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 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 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, shall note on the face the name of the attending
physician 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 or in the box that describes how the
injury occurred, the certifier shall indicate "suicide" as the manner
of death.
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.
NOTE: Laws 2016, c. 20, § 1, eff. Nov. 1, 2016 repealed by Laws
2017, c. 42, § 26.
§63-1-317a. Electronic capture of death certificate.
A. The State Registrar of Vital Statistics 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
State Registrar of Vital Statistics prior to using the prescribed
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electronic system. The State Registrar of Vital Statistics 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 State Registrar of Vital Statistics 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.
§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
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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.
§63-1-318. 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 Registrar, 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 shall obtain the personal data from the next of kin
or the best qualified person or source available. He 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.
§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 State Registrar of Vital Statistics 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.
§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
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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 State
Registrar of Vital Records 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 Registrar of Vital Records at 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 State
Registrar of Vital Records.
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.
§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 State Board 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 Board 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.
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(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 parent,
guardian, or legal representative, the State 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; or
(2) Upon receipt of a certified copy of a court order
establishing 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 or upon receipt of a certified copy
of a court order directing such name be changed. 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 State Board of Health shall have the power and duty to
promulgate rules for situations in which the State Registrar of Vital
Statistics receives false information regarding the identity of a
parent.
(g) If within sixty (60) days 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 said 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 said
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.
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.
§63-1-322. Copies of records - Certification.
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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; or
11. Any other person working in the best interest of the subject
of the record, as determined by regulations of the State Board 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
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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 Board 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 of Health 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 Board to provide such service.
The Board may promulgate rules necessary to implement the
provisions of this subsection.
D. The State 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
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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
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2016, c. 352, § 1, eff. Nov. 1, 2016; Laws 2019, c. 108, § 1, eff.
Nov. 1, 2019.
§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
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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. See the following versions:
OS 63-1-324.1v1 (SB 448, Laws 2019, c. 184, § 2).
OS 63-1-324.1v2 (SB 108, Laws 2019, c. 305, § 3).
§63-1-324.1v1. Birth, death or stillbirth certificates - Prohibited
acts - Penalties.
A. It shall be unlawful 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; or
7. Knowingly presenting a false or forged certificate for
filing.
B. Except as otherwise provided in subsection D of this section,
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.
C. A violation of any of the provisions of this section shall
constitute a felony.
D. Notwithstanding any provision of this section, the State
Commissioner of Health or a designated agent, upon the request of a
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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. 184, § 2, eff.
Nov. 1, 2019.
§63-1-324.1v2. Birth, death or stillbirth certificates - Prohibited
acts - Penalties.
A. It shall be unlawful 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; or
7. Knowingly present a false or forged certificate for filing.
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 felony.
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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".
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.
§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
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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.
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§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 Registrar. 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.
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§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.
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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.
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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.
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§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
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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
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 or information and records of any
disease which are held or maintained by any state agency, health care
provider or facility, physician, health professional, laboratory,
clinic, blood bank, funeral director, third party payor, or any other
agency, person, or organization in the state shall be confidential.
Any information obtained pursuant to the requirements of Sections 1-
501 through 1-532.1 of this title shall not be required to be
produced pursuant to the Oklahoma Open Records Act. Any information
authorized to be released pursuant to paragraphs 1 through 8 of this
subsection shall be released in such a way that no person can be
identified unless otherwise provided for in such paragraph or by law.
Such information shall not be released except under the following
circumstances:
1. Release is made upon court order;
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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.
Any such order for release by the Department and any review of such
order shall be in accordance with the procedures specified in
Sections 309 through 323 of Title 75 of the Oklahoma Statutes. Only
the initials of the person whose information is being kept
confidential shall be on public record for such proceedings unless
the order by the Department specifies the release of the name of such
person and such order is not appealed by such person or such order is
upheld by the reviewing court;
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 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
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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
(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
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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,
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including damages for economic, bodily or psychological harm which is
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.
§63-1-502.3. Person withdrawing or testing blood for human
immunodeficiency virus (HIV) - Civil and criminal liability -
Definitions.
A. No person who withdraws or tests blood for human
immunodeficiency virus or employer of such person nor any hospital or
health care facility where blood is withdrawn or tested for human
immunodeficiency virus shall incur any civil or criminal liability as
a result of the proper withdrawal of blood or testing for human
immunodeficiency virus 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 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, or
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c. 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 the
human immunodeficiency virus where the procedure was performed in a
reasonable manner according to generally accepted 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 human
immunodeficiency virus; 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.
§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
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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 of any such person, and the teacher 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 health
officer.
Laws 1963, c. 325, art. 5, § 507, operative July 1, 1963.
§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.
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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
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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.
Every physician attending a pregnant woman in Oklahoma during
gestation shall, in the case of each woman so attended, take or cause
to be taken a sample of blood of such woman at the time of first
examination, and submit such sample to an approved laboratory for a
standard serological test for syphilis. 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, licensed to
practice in the State of Oklahoma, and submitted to an approved
laboratory for a standard serological test for syphilis. 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.
Laws 1963, c. 325, art. 5, § 515, operative July 1, 1963.
§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:
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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
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otherwise, any sexually transmitted infection (STI), and the agents,
clerks and employees.
(d) The term "physician" shall include reputable physicians who
have complied with all the requirements of law regulating the
practice of their respective schools of medicine, and duly licensed
by such law to practice medicine in their respective schools, or
surgery, or both, and no other person.
Added by Laws 1963, c. 325, art. 5, § 517, operative July 1, 1963.
Amended by Laws 2011, c. 105, § 19, eff. Nov. 1, 2011.
§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 physician.
Added by Laws 1963, c. 325, art. 5, § 518, operative July 1, 1963.
§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. Treatment by person not a physician.
It shall be unlawful for any person who is not a physician to
undertake to treat or cure any infected person for pay, whether in
money, property or obligation of any kind, unless acting under the
direction and control of a physician.
Laws 1963, c. 325, art. 5, § 521, operative July 1, 1963.
§63-1-522. Treatment without prescription.
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 (STI), before
requiring such person to produce and file with such dealer a proper
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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.
§63-1-523. Institutions - Treatment of infected inmates - Notice to
persons in contact with infected inmates - Testing of inmates.
A. 1. Any and all institutions in this state, whether penal or
eleemosynary, public or private, and free or for pay, shall make, and
preserve for a period of at least one (1) year, a record showing the
name, age, sex, race, nationality and place of residence of any
infected inmate of such institution who may come to their knowledge.
2. The institution shall make available such record at all
reasonable hours for inspection by the State Commissioner of Health
or the local health officer.
3. Such institutions shall further furnish a physician and all
proper medicines, instruments and apparatus for the proper treatment
of such infected inmate.
B. Each institution and each Department of Corrections district
office, and each county or municipal jail shall notify their
correctional officers, probation and parole officers, and any jailor,
or other employee or any employee of the Pardon and Parole Board, who
has or will have direct contact with an inmate, when such inmate is
infected with the human immunodeficiency virus (HIV) or has the
Acquired Immune Deficiency Syndrome (AIDS) disease.
C. 1. If an officer or employee of the State of Oklahoma, or
any other person comes into contact with the bodily fluids of an
inmate in a state correctional facility, the Director of the
Department of Corrections or designee, under such rules as the
Director shall promulgate to carry out the provisions of this
section, shall cause such inmate to be tested for such disease, if no
prior record of the existence of such disease exists. If an officer
or employee of a county jail, or any other person, comes into contact
with the bodily fluids of an inmate in a county jail, the sheriff or
designee, under policies the sheriff shall promulgate to carry out
the provisions of this section, shall cause the inmate to be tested
for such disease, if no prior record of the existence of such disease
exists.
2. The Director or designee shall promptly communicate in
writing the results of the test to the person so exposed and refer
the employee to the Department of Correction's Employee Assistance
Program for appropriate referrals for counseling, health care, and
support services for the person so exposed. If the exposure occurs
within a county jail, the sheriff or designee shall promptly
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communicate in writing the results of the test to the person so
exposed and refer the employee to the employee assistance program of
the county for appropriate referrals for counseling, health care, and
support services for the person so exposed.
3. As used in this section, the term "serious transmissible
disease" means the Human Immunodeficiency Virus (HIV) and hepatitis.
Added by Laws 1963, c. 325, art. 5, § 523, operative July 1, 1963.
Amended by Laws 1992, c. 45, § 1, emerg. eff. April 3, 1992; Laws
1994, c. 58, § 1, emerg. eff. April 15, 1994; Laws 1998, c. 148, § 1,
emerg. eff. April 22, 1998; Laws 2008, c. 366, § 9, emerg. eff. June
3, 2008.
§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
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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.
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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
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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.
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§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. Except as otherwise provided by law, the prescription and
records required by the foregoing provisions to be filed and kept
shall not be exposed to any person other than the State Commissioner
of Health or local health officer, or when properly ordered by a
court of competent jurisdiction to be used as evidence in such court,
and no information whatever shall be given to any person concerning
any infected person except to appropriate persons for use in the
proper courts of this state. Provided, that 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.
Provided further, 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. 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. 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. Such
testing shall be accompanied with pretest and post-test counseling.
Such counseling shall include the provision of information to the
victim or the parent, legal guardian or custodian of the victim
concerning the venereal 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.
B. The State Board of Health shall promulgate rules and
regulations 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 subsection A of this section. The
rules and regulations 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.
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§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.
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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 licensed physician for any sexually
transmitted infection (STI).
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Added by Laws 1971, c. 18, § 1, emerg. eff. March 16, 1971. Amended
by Laws 2011, c. 105, § 32, eff. Nov. 1, 2011.
§63-1-533. Phenylketonuria, related inborn metabolic disorders and
other genetic or biochemical disorders - Educational and newborn
screening programs.
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.
§63-1-534. 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
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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;
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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:
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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
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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.
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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:
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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
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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.
§63-1-540. Information campaign on DES.
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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.
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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."
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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
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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.
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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.
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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
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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 such cancerous, precancerous and tumorous
diseases as the State Board of Health may by rule specify. Such
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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, pursuant to rules of the State Board of
Health, 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 act 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, 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
act.
D. The Commissioner shall protect the identity of the patient
and physician involved in any report required by this act, 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 of
Health and the researcher that specifies the
researcher's use of the records and that prohibits the
publication or release of the names of individual
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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 act shall be deemed to be a
confidential communication within the meaning of the physician-
patient and the psychotherapist-patient privilege.
E. Nothing in this act 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 act 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 State Board of Health is empowered to adopt reasonable
regulations to carry out the provisions of this act.
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.
§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,
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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
based on the Breast Imaging Reporting and Data System established by
the American College of Radiology. 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
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or extremely dense breast tissue, the summary of the mammography
report shall include the following notice:
"Your mammogram indicates that you have dense breast tissue.
Dense breast tissue is common and is found in more than fifty percent
(50%) of women and is not abnormal. However, dense breast tissue may
make it more difficult to detect breast cancer and may be associated
with an increased risk of breast cancer. This information is being
provided to raise your awareness and to encourage you and your health
care provider to discuss this and other breast cancer risk factors.
Together, you and your health care provider can decide if additional
screening options may be right for you. A report of your results was
sent to your health care provider."
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.
§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 44 of this act, 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:
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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 44 of this act, shall report annually to the
Governor, the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, and the State Board of Health by October 1
of each year, activities completed pursuant to the Oklahoma Breast
and Cervical Cancer Act during the prior fiscal year, including a
report of the funding for related activities. The report shall
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 shall further recommend
strategies or actions to reduce the costs of breast and cervical
cancer in the State of Oklahoma.
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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 the State of Oklahoma.
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.
§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
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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:
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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.
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§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
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(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.
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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;
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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.
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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
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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.
§63-1-604. 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.
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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 this article:
1. "Hospital" means any institution, place, building or agency,
public or private, whether organized for profit or not, devoted
primarily to 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 5 of this
subsection, 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 and emergency hospitals, and
birthing centers;
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;
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5. “Emergency hospital” means a hospital that provides emergency
treatment and stabilization services on a 24-hour basis that has the
ability to admit and treat patients for short periods of time;
6. "Birthing center" means any facility, place or institution,
which is maintained or established primarily for the purpose of
providing services of a certified midwife or licensed medical doctor
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. Provided, however, licensure for
a birthing center shall not be compulsory; and
7. "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.
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.
§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.
§63-1-702a. Voluntary licensing of birthing centers - Standards for
day treatment programs - Rules and regulations.
A. By January 1, 1992, the State Board of Health shall
promulgate and adopt rules for the voluntary licensing of birthing
centers.
B. The State Board 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.
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§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.
§63-1-703. 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.
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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 this article shall be accompanied by a
fee to be determined by the number of beds available for patients, to
be established by the State Board 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 State Commissioner of
Health 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.
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.
§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.
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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 this
article and rules and standards of the State Board of Health.
B. The Commissioner may suspend or revoke any such license on
any of the following grounds:
1. Violation of any of the provisions of this article, 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.
C. 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 this article and rules and standards of the
State Board of Health have been satisfied.
Added by Laws 1963, c. 325, art. 7, § 706, operative July 1, 1963.
Amended by Laws 1999, c. 93, § 5, eff. Nov. 1, 1999.
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§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;
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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.
§63-1-707. 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
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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
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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.
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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.
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§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 - Subject to Open Meeting Act - 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
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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 polices 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 polices including, but not limited to,
provisions regarding the composition, functions and responsibilities
of boards of directors of Federally Qualified Health Centers.
C. Further, the board of directors of a Federally Qualified
Health Center shall be considered a public body for purposes of the
Oklahoma Open Meeting Act and shall be subject to the provisions of
that act, including criminal penalties provided therein for
violations of that act.
D. 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. Further, the entity shall be ineligible to
receive such state reimbursement if the board of directors fails to
remove, for cause, any board member convicted of a misdemeanor for
violating the provisions of the Oklahoma Open Meeting Act, or any
board member against whom a civil judgment is rendered relating to
that member's service on the board.
E. 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, and shall
report violations of the Oklahoma Open Meeting Act to the district
attorney in the jurisdiction where the entity is located.
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F. 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.
Added by Laws 2005, c. 41, § 1, emerg. eff. April 12, 2005.
§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.
Such 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.
Laws 1963, c. 325, art. 7, § 719; Laws 1965, c. 36, § 9; Laws 1970,
c. 286, § 10, emerg. eff. April 27, 1970.
§63-1-720. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
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§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.
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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;
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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.
§63-1-727. 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.
§63-1-728. Repealed by Laws 2010, c. 47, § 7, emerg. eff. April 2,
2010.
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§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.
§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.
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§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.
§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
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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.
§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.
§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.
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Added by Laws 2010, c. 47, § 6, emerg. eff. April 2, 2010.
§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.
§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.
§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.
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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.
§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
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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.
§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.
§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.
§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.
§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
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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
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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
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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.
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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
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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.
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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.
§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" 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
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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 birth control 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.
§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. Any person violating this section shall be
guilty of a felony punishable by imprisonment for not less than one
(1) year nor more than three (3) years in the State Penitentiary.
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.
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.
§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
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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
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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.
§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
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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.
§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.
Added by Laws 1978, c. 207, § 5, eff. Oct. 1, 1978. Amended by Laws
1997, c. 133, § 525, eff. July 1, 1999.
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.
§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
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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.
§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.
§63-1-736. Hospitals - Advertising of counseling to pregnant women.
Section 1-736. 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.
§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.
§63-1-737.1. Repealed by Laws 2010, c. 163, § 4, emerg. eff. April
22, 2010.
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§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.
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§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.
§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.
§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.
§63-1-737.8. Definitions.
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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
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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.
§63-1-737.9. Unlawful dismemberment abortions - Exceptions.
A. Notwithstanding any other provision of law, it shall be
unlawful 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.
§63-1-737.10. Injunctive relief.
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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.
§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.
§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.
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§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.
§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.
§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.
§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
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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.
§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;
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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.
§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
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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.
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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.
§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
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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."
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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.
§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;
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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.
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§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
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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.
§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
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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.
§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.
§63-1-738.3g. Reasonable costs and attorney fees.
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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.
§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.
§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
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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.
§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.
§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.
§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.
§63-1-738.5. Disciplinary action.
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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
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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.
§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.
§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.
§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
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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.
§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
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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.
§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.
§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
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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.
§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.
§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.
§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
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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.
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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.
§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 felony. 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.
§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.
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§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.
§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.
§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.
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§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.
§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
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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.
§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:
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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:______________
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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: ________
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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: _______
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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:
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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: ________
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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? ________
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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?
__________
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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.
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Added by Laws 2010, c. 276, § 3, eff. Nov. 1, 2010. Amended by Laws
2013, c. 303, § 1, eff. Nov. 1, 2013.
§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
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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.
§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.
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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;
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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;
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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
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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;
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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,
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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.
§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
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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
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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.
§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.
§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
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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.
§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.
§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.
§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.
§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
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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.
§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
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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
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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.
§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.
§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
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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
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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.
§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.
§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;
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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
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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.
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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.
§63-1-740.4b. Unlawful acts - Defense - Civil action - Consent.
!!
!,%-.
/012
B. A physician who intentionally or knowingly performs an
abortion on a pregnant unemancipated minor in violation of this title
commits a felony.
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
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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.
§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.
§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.
§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
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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.
§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
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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.
§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
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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,
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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.
§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.
§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:
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(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 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.
§63-1-740.17. Department of Health grants to private organizations
for services.
A. The State Department of Health shall make grants, from funds
appropriated by the Legislature specifically for this purpose, to a
grant-supervising entity for the purpose of reimbursing private
organizations in Oklahoma for the reasonable expenses of programs
providing the following services:
1. Providing information on, referral to, and assistance in
securing the services of relevant existing programs or agencies that
assist women in Oklahoma 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 medical attention for the pregnant woman for the duration of
her pregnancy, nutritional support services, housing assistance,
adoption services, education and employment assistance and parenting
education and support services; and
2. Providing women in Oklahoma, in person and through community
outreach, information and/or services that encourage and assist them
to carry their children to term.
B. To be eligible for a service grant, an organization shall:
1. Be registered with the Oklahoma Secretary of State as a not-
for-profit corporation located in Oklahoma;
2. Have the grant amount approved by a grant-supervising entity;
3. 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 Title 63 of the Oklahoma Statutes;
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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; 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.
§63-1-740.18. Grant supervising entity.
The State Department of Health shall make grants to a grant-
supervising entity under the Choosing Childbirth Act from funds
appropriated by the Legislature specifically for this purpose. The
State Department of Health shall annually monitor and review the
grant-supervising entity to assure that the grant-supervising entity
carefully adheres to the purposes and requirements of the Choosing
Childbirth Act, and it shall cease funding a grant-supervising entity
that fails to do so if the Department proves specific findings of
noncompliance, subject to judicial review.
Added by Laws 2017, c. 308, § 4, eff. Nov. 1, 2017.
§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.
§63-1-741. 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.
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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.
§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.
§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
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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.
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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.
§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
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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.
§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
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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 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.
§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.
§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.
§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
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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.
§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.
§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
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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.
§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.
§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.
§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.
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§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.
§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
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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.
§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
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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.
§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.
§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
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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.
§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
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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.
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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.
§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 felony. 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.
§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.
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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.
§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.
§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
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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.
§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.
§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.
§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
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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.
§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.
§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.
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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.
§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.
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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.
§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.
§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.
§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.
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§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.
§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
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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.
§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
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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.
§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.
§63-1-746.5. Medical emergency.
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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.
§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
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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.
§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
felony. 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
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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.
§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.
§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.
§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
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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.
§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
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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
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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
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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;
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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;
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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.
§63-1-749. Preservation of fetal tissue extracted.
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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.
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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 felony.
Added by Laws 2015, c. 386, § 2, eff. Nov. 1, 2015.
§63-1-749.1. Inspections of abortion facilities.
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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
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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.
§63-1-750. Criminal and civil penalties - Civil liability -
Severability.
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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.
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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.
§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.
§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
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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.
§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;
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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.
§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.
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Added by Laws 2016, c. 353, § 4, eff. Nov. 1, 2016.
§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.
§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
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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.
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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
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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,
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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.
§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.
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§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.
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§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.
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§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
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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;
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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;
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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;
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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). The fee shall not be refunded.
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Except as provided for in Section 1-824 of this title, a license
shall expire twenty-four (24) months from the date of issuance,
unless sooner revoked, and may be renewed biannually by the State
Department of Health pursuant to the provisions of the Residential
Care Act. 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 for twenty-four-month periods 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 Board 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-
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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.
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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.
§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
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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;
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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.
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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.
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§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 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 Board 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 State Board of Health 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, 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;
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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 Board 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 state or local ombudsman as that term is defined by the
Special Unit on Aging within the Department of Human Services
pursuant to the Older Americans' Act, 42 U.S.C.A., Section 3001 et
seq., as amended, 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. Any state or local
ombudsman 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,
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emerg. eff. April 9, 1990; Laws 2001, c. 410, § 10, eff. Nov. 1,
2001; Laws 2017, c. 367, § 2, eff. Nov. 1, 2017.
§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
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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.
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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.
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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.
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§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
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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.
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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.
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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
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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.
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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 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, §
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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
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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;
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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.
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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
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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;
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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:
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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
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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;
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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
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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.
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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
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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, §
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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
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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.
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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
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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
/ -*--+!(' !+0 '.!- -&,-)!2 -9!5#
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;
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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;
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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,
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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
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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.
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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.
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§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)
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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,
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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
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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.
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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
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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
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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.
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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”.
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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
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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;
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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:
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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:
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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
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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:
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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
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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.
§63-1-870. 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 and senior citizen centers;
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 care givers;
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.
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§63-1-873. Licensure requirements and standards - Centers required
to be licensed.
A. The State Board 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 twelve (12) 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 twenty-four (24) months,
for the licensing period immediately following November 1, 2011, 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
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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.
§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
annual license renewal fee shall not exceed Seventy-five Dollars
($75.00). 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.
§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.
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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
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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.
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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.
This act shall be known and may be cited as the "Alzheimer's
Disease Special Care Disclosure Act".
Added by Laws 1998, c. 147, § 1, eff. Nov. 1, 1998.
§63-1-879.2b. Definitions.
As used in the Alzheimer's Disease Special Care Disclosure Act:
1. "Alzheimer's disease special care" means care that is
provided to persons with a diagnosis of probable Alzheimer's disease
or related disorders by an entity that provides such care in a
special unit or under a special program designed to prevent or limit
access to areas outside the designated unit or program; and
2. "Department" means the State Department of Health.
Added by Laws 1998, c. 147, § 2, eff. Nov. 1, 1998.
§63-1-879.2c. Required disclosure.
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A. 1. Pursuant to rules promulgated under the provisions of the
Alzheimer's Disease Special Care Disclosure Act, any facility
including, but not limited to, a nursing facility, residential care
facility, assisted living facility, adult congregate living facility,
adult day care center, or a continuum of care facility retirement
community that advertises, markets, or otherwise promotes itself as
providing care or treatment to persons with Alzheimer's disease or
related disorders in a special unit or under a special program shall
disclose the type of care or treatment provided that distinguishes it
as being especially applicable to or suitable for such persons.
2. The disclosure shall be made to:
a. the state licensing agency,
b. any person seeking placement on behalf of a person with
Alzheimer's disease or related disorders within an
Alzheimer's disease special care unit, and
c. the State Long-Term Care Ombudsman.
3. The State Department of Health shall examine all such
disclosures in the Department's records as part of the facility's
license renewal process to verify accuracy. The disclosure shall be
made prior to the facility or entity entering into any agreement to
provide care.
B. The information disclosed as required by this section shall
include the following areas:
1. A written description of the Alzheimer's disease special care
unit's overall philosophy and mission as it relates to the needs of
residents with Alzheimer's disease or related disorders;
2. The process and criteria for placement in, or transfer or
discharge from, the unit;
3. The process used for assessment, establishment, and
implementation of a patient plan of care, including the method by
which the plan evolves and is responsive to changes in the condition
of the patient;
4. Staff-to-resident ratios, staff training and continuing
education commensurate with Alzheimer's disease residents' needs for
increased care and supervision;
5. The physical environment and design features appropriate to
support the functioning of cognitively impaired adult residents;
6. The types and frequency of resident activities;
7. The involvement of families in care planning and other
aspects of care, and the availability of family support programs; and
8. The fees for care and any additional fees.
C. The Department, with equal opportunity for input from
consumer and provider representatives, shall develop a standardized
disclosure form and shall review the information submitted on the
disclosure form by the facility or other entity to verify the
accuracy of the information reported. Any significant change in the
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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 nursing facility without an Alzheimer's disease special
care unit from admitting a person with Alzheimer's disease or related
disorders.
E. The Department, with equal opportunity for input from
consumer and provider representatives, shall promulgate rules to
effectuate the provisions of the Alzheimer's Disease Special Care
Disclosure Act.
Added by Laws 1998, c. 147, § 3, eff. Nov. 1, 1998.
§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. Short title.
Sections 18 through 28 of this act shall be known and may be
cited as the "Psychiatric and Chemical Dependency Facility
Certificate of Need Act".
Added by Laws 1989, c. 227, § 18.
§63-1-880.2. Public policy - Purpose.
The Legislature hereby declares that it is the public policy of
the State of Oklahoma that the offering and development of
psychiatric and drug dependency 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 such
services in this 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
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change of existing services prior to the issuance of a certificate of
need by the State Department of Health.
Added by Laws 1989, c. 227, § 19.
§63-1-880.3. Definitions.
For purposes of this act:
1. "Act" means the Psychiatric and Chemical Dependency Facility
Certificate of Need Act;
2. "Board" means the State Board of Health;
3. "Commissioner" means the Commissioner of Health; and
4. "Department" means the State Department of Health.
Added by Laws 1989, c. 227, § 20.
§63-1-880.4. Department - Powers and duties - Participation in
federal programs - Collection of monthly data
A. The State Department 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 this act;
5. Report to the district attorney having jurisdiction or the
Attorney General any act committed by any person which may constitute
a misdemeanor pursuant to the provisions of this 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 this act;
7. Develop and enforce rules and regulations subject to the
approval of the Board to implement the provisions of this 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 this 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 this
act;
11. Develop and administer plans for services, including
manpower, 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 specifies the method of adoption of the
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plan document, its format, provisions for developing and publishing
plan amendments and the role of the State Department of Health 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 planning purposes;
14. Promote and maintain plans for providing services in the
State of Oklahoma; and
15. Exercise all incidental powers as necessary and proper for
the administration of this act.
B. The State Department of Health shall be the single state
agency to participate in federal programs for planning and to apply
for and administer federal funds for planning, provided, that this
act, and any other law vesting planning functions in any other state
agency, shall not apply to planning functions vested by law in the
Department ofMental Health and the Department of Human Services.
C. The Department shall establish forms and provide for the
collection of monthly data necessary for the computation of occupancy
rates from licensed psychiatric and chemical dependency facilities
which do not provide services to Medicaid recipients. Data shall
include licensed bed capacity, average daily census, days on which
beds were reserved for residents temporarily absent, and the number,
if any, of semi-private units rented as private rooms.
Added by Laws 1989, c. 227, § 21.
§63-1-880.5. Certificate of need required.
Except as otherwise provided by Section 1-880.6 of this title, no
psychiatric or chemical dependency facility or unit shall be
developed or offered unless a certificate of need therefor has been
issued. No governmental entity shall approve any grant of funds,
issue any debentures or issue or renew any license for the operation
of a 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 this act has been obtained.
Added by Laws 1989, c. 227, § 22. Amended by Laws 1991, c. 241, § 2,
eff. Sept. 1, 1991.
§63-1-880.6. Application for certificate of need - Exemptions.
A. Every entity desiring to establish a new psychiatric or
chemical dependency service or to acquire, lease or expand an
existing service whether through construction or conversion of
facilities, shall make application to the State Department of Health
for a certificate of need in such form and accompanied by such
information, including a complete list of stockholders, partners, and
owners, and any other information, as the Board shall prescribe.
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B. The provisions of the Psychiatric and Chemical Dependency
Facility Certificate of Need Act shall not apply to any hospital as
defined by Section 1-710 of this title licensed by the State
Department of Health on or before December 31, 1990, which has:
1. Construction cost overruns or capital expenditures for
completion of originally approved beds or completion of previously
constructed and shelled space arising out of and based only upon the
original certificate of need issued by the Commissioner for said
construction, when such construction costs or capital expenditures do
not or will not increase the approved number of beds, allow
conversion of bed use shall not be deemed new construction or
increase pricing structure for treatment or services; or
2. Negotiated a contract with an agency of this state, the
federal government or a Native American nation duly recognized by the
federal government that specifies the number of beds and their uses.
A hospital provided for by paragraph 2 of this subsection shall be
exempt from the certificate of need required by the Psychiatric and
Chemical Dependency Facility Certificate of Need Act for the purposes
specified in the contract. This exemption shall not apply to
Medicare or Medicaid contracts or contracts for inpatient services
for children or adolescents.
C. The Commissioner of Health is authorized to grant a
certificate of need if the entity applying for the certificate has
filed a notice on a form prescribed by the State Department of Health
which shall include, but not be limited to:
1. The name and location of the entity;
2. The name and address of each person having an ownership
interest in the entity;
3. The nature of the acquisition, expansion, addition or
conversion, whether by sale, lease or other arrangement;
4. The parties to the sale, lease or other arrangement;
5. The size of the acquisition, expansion, addition or
conversion;
6. The approximate cost of the acquisition, expansion, addition
or conversion; and
7. The projected date of completion.
D. The Commissioner of Health shall be notified, on a form
prescribed by the State Department of Health, of the following:
1. Any decrease in the number of beds of a hospital, facility or
hospital unit; and
2. Any change in the designation for a continuum of care in
psychiatric or chemical dependency treatment.
E. Psychiatric and chemical dependency service for which a
certificate of need is required shall include:
1. Any capital investment or lease of Five Hundred Thousand
Dollars ($500,000.00) or more, including predevelopment activities
such as arrangements and commitments for financing, architectural
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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 a facility by purchase, lease, donation or
through transfer of stock or corporate merger. If the Department
finds that a proposed acquisition is consistent with the criteria and
standards for review of such projects, then the Department shall
issue a certificate of need. If the Department finds that the
proposed acquisition is not consistent with the criteria, the project
will be referred to the Commissioner of Health for final
determination. The Department's determination to approve the
proposed acquisition or to refer it to the Commissioner shall be made
no later than fifteen (15) days following the day the application is
determined to be complete and review ready, or the proposed
acquisition shall be automatically approved. Proposed acquisitions
shall be reviewed against standards adopted by the Department which
relate only to the acquirer's capability to operate a facility; or
3. Inpatient psychiatric and chemical dependency services for
persons under eighteen (18) years of age offered or provided by a
hospital or other health care facility, including but not limited to
any conversion of existing beds, any increase in bed capacity and any
new beds for the purpose of offering or providing said services,
regardless of any capital or other costs of the project.
a. The State Board of Health shall provide by rule for the
temporary emergency use of beds ordinarily used for
adult patients as psychiatric or chemical dependency
beds for children or adolescents.
b. Any application to establish or operate inpatient
psychiatric or drug or alcohol treatment services for
persons under eighteen (18) years of age shall include
the establishment, operation and maintenance of a
community-based service program or a day treatment
program, as those terms are defined by Section 1101 of
Title 10 of the Oklahoma Statutes, as an integral part
of the total project.
F. Promptly upon receipt of any such application, the Department
shall examine and transmit the application to reviewers it may select
to determine whether the application is complete. Once the
Department has determined that the application is complete, it shall
notify affected parties and other reviewing bodies and cause a
thorough investigation to be made of the need for and appropriateness
of such expanded psychiatric or chemical dependency service. The
investigation made pursuant to an application for a certificate of
need shall include the following:
1. The adequacy of psychiatric and chemical dependency services
in relation to an optimal target ratio of psychiatric or chemical
dependency beds to the population;
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2. The availability of services which may serve as alternatives
or substitutes;
3. The adequacy of financial resources for the new or expanded
services and for the continued operation thereof;
4. The availability of sufficient manpower to properly staff and
operate the proposed new or expanded service; and
5. Any other matter which the Department deems appropriate.
G. Each application for a certificate of need applied for
pursuant to the provisions of this section except for those
applications filed by state agencies shall be accompanied by an
application fee in an amount established by the Department.
Added by Laws 1989, c. 227, § 23. Amended by Laws 1989, c. 345, § 2,
eff. Oct. 1, 1989; Laws 1991, c. 241, § 3, eff. Sept. 1, 1991; Laws
1994, c. 82, § 1, eff. Sept. 1, 1994.
§63-1-880.7. Findings as to necessity - Certain capital expenditures
exempted - Criteria for approval of application - Reconsideration of
determination.
A. Except as provided in subsection B of this section or Section
1-880.6 of this title no certificate of need shall be issued by the
State Department of Health unless, after investigation, the
Department 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; and
3. The proposed action will contribute to the orderly
development of services in the locality.
B. 1. An application for a certificate of need shall not be
required 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.
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. Any application seeking a certificate of need for the
construction of a psychiatric or chemical dependency facility in
replacement of an existing facility shall be reviewed by the
Department and shall be granted a certificate of need if the
application meets the following criteria:
1. The replacement facility involves no increase in licensed
beds; and
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2. A plan for the use of the facility to be replaced is provided
which assures that its use will be discontinued upon licensure of the
replacement facility.
D. When the Department completes its investigation and makes a
determination to issue or deny a certificate of need, it 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
Department shall adopt rules and regulations concerning the time in
which a decision must be made by the Department on an application.
E. Any person may request a reconsideration of a Department
determination for good cause shown, the grounds for which shall be
established by the Department by rule. A request for reconsideration
shall be filed within thirty (30) 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.
F. The State Department of Health shall conduct a study to
determine the number and location of all inpatient and residential
psychiatric services and chemical dependency services within the
state that are offered or provided for persons under eighteen (18)
years of age and maintain a current listing, updated monthly, of the
facilities offering said services, the number of beds at each
facility, and the occupancy rate at each facility.
Added by Laws 1989, c. 227, § 24. Amended by Laws 1991, c. 241, § 4,
eff. Sept. 1, 1991.
§63-1-880.8. Appeal of final determination.
Any final determination by the State Department of Health under
this act may be appealed by the applicant, or any other aggrieved
party under the Administrative Procedures Act, Sections 301 through
326 of Title 75 of the Oklahoma Statutes; 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. The decision of
the Department shall be upheld by the court unless it is arbitrary or
capricious or is not in accordance with applicable law.
Added by Laws 1989, c. 227, § 25. Amended by Laws 1994, c. 48, § 3,
eff. Sept. 1, 1994.
§63-1-880.9. Term of validity of certificate - Time for submitting
plans and specifications - Time for construction or modification of
structure - Time for acquisition - Effective dates of deadlines.
A. A certificate of need issued pursuant to the provisions of
this act for the construction or establishment of a new psychiatric
or chemical dependency service or the expansion or change 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
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Health the plans and specifications for the facility to be
constructed or modified; however, the Department may extend such time
by a period not to exceed six (6) months for extraordinary
circumstances beyond the control of the applicant. If no such plans
and specifications are submitted and approved within the time
required by this section, then such certificate shall be null and
void. If plans and specifications are submitted, the Department
shall approve or disapprove such plans and specifications within
forty-five (45) business days of the filing or such plans and
specifications shall be presumed to be approved. If the Department
disapproves the plans and specifications, such disapproval shall
include a detailed statement of the corrections needed. The holder
of the certificate must resubmit corrected plans and specifications
within forty-five (45) business days of disapproval. Failure to
resubmit shall render the certificate void. The applicant must begin
construction or modification of the structure within two (2) months
following the approval of the plans and specifications and must
proceed to complete the structure or modifications within twelve (12)
months of the approval or the certificate will be canceled. However,
the Department may extend such completion day by a period not to
exceed six (6) months for good cause, provided that such extension
shall not apply to an applicant who has been previously granted a six
(6) months' extension for completion of plans and specifications.
B. A certificate of need issued pursuant to the provisions of
this act for the acquisition of a psychiatric or chemical dependency
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 three (3) 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 1989, c. 227, § 26.
§63-1-880.10. Decision granting or denying certificate of need for
psychiatric or chemical dependency facility - Written findings of
fact, conclusions of law and explanations required.
The State Department of Health is hereby directed, with respect
to any decision granting or denying a certificate of need for a new
psychiatric or chemical dependency facility, to issue in writing
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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 1989, c. 227, § 27.
§63-1-880.11. Violations - Penalties.
Any person who offers or develops or begins to offer or develop a
psychiatric or chemical dependency facility or an addition thereto
without having first obtained a certificate of need, as provided by
this act, shall be deemed guilty of a misdemeanor, and upon
conviction shall be punishable by payment of a fine of not less than
One Hundred Dollars ($100.00) and not more than Five Hundred Dollars
($500.00). 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 psychiatric or chemical
dependency 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 such 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 1989, c. 227, § 28.
§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
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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;
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2. "Long-term care facility" means:
a. a nursing facility as defined by Section 1-1902 of
Title 63 of the Oklahoma Statutes,
b. 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
Title 63 of the Oklahoma Statutes;
4. "Representative of a resident" means a representative of a
resident as defined by Section 1-1902 of Title 63 of the Oklahoma
Statutes; 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 a 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
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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.
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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 Title 63 of the Oklahoma
Statutes.
Added by Laws 2019, c. 311, § 1, eff. Nov. 1, 2019.
§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.
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§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 Board 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. Standards for measuring quality outcomes for residents;
5. Provisions for individualized services chosen by and designed
for each resident;
6. Provisions to prohibit facility staff from disclosing a
resident's financial information to third parties without written
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consent of the resident or the designated representative of the
resident;
7. 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 Board;
8. 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
without a financial penalty or fee charged by the assisted living
center;
9. 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;
10. 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; and
11. 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.
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.
§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 Board 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
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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 annual renewal of
the license, to operate a continuum of care facility or assisted
living center shall be accompanied by a license fee of Ten Dollars
($10.00) for each bed included in the maximum bed capacity at such
facility or center, except that any facility operated by the Oklahoma
Department of Veterans Affairs shall be exempt from this fee. 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 Board, but not to exceed Seventy-five Dollars
($75.00), 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.
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.
§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
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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.
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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.
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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 or 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
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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. 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.
§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.
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§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.
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§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.
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(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:
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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
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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;
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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
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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
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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.
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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. Rules establishing requirements for retailers of bunk
beds.
The State Board of Health shall promulgate rules establishing
requirements for retailers of bunk beds which shall include, but not
be limited to, requirements that:
1. Each set of bunk beds must be posted with an indelible
warning which conforms with American Society for Testing and
Materials Voluntary Standards or U.S. Consumer Product Safety
Commission Standards; and
2. No retailer shall sell a set 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.
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.
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§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.
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(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. Definition of public bathing place.
The term "public bathing place," as used in the following
sections of this article, includes all entirely artificially
constructed wading pools, swimming pools, bathhouses used
collectively by a number of persons for wading, swimming, recreative,
or therapeutic bathing, together with all sanitary facilities,
bathing suits, buildings, equipment, and appurtenances pertaining to
such bathing places; provided, that such term shall not apply to
those public or semipublic baths where the main object is the
external cleansing of the body, to bathing places maintained by an
individual for the use of family and friends, or to bathing places
owned or managed by a group or association of the owners of thirty or
fewer homes, the use of which is limited to the homeowner group and
their nonpaying guests. The term “public bathing place” does not
include spray pads or spray grounds. As used in this section, “spray
pads or spray grounds” mean interactive recreation areas intended for
use by children in which the water is supplied by a system of sprays
and is not allowed to accumulate above ground.
Added by Laws 1963, c. 325, art. 10, § 1013, operative July 1, 1963.
Amended by Laws 1995, c. 54, § 1, eff. July 1, 1995; Laws 2010, c.
382, § 1, eff. Nov. 1, 2010.
§63-1-1013.1. Annual license for public bathing places – Fees.
No person, municipality, as defined by paragraph 5 of Section 1-
102 of Title 11 of the Oklahoma Statutes, or entity shall engage in
or continue the operation of a public bathing place, as defined by
Section 1-1013 of Title 63 of the Oklahoma Statutes, until an annual
license has been obtained from the State Commissioner of Health for
each such public bathing place. Each such operator shall pay an
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annual fee for such license to be fixed by the State Board of Health.
Unless otherwise provided by rules promulgated by the Board, each
such license shall expire one (1) year following the date of issue.
No such license shall be transferable, and application for such
license shall be made upon forms prescribed by the Commissioner.
Each application for such license shall be accompanied by the
applicant’s certification that the public bathing place for which the
license is sought is in compliance with the provisions of Section 1-
1017 of Title 63 of the Oklahoma Statutes, and no license shall be
issued or renewed for such public bathing place until after such
certification of compliance has been received by the Commissioner.
Provided, municipalities of five thousand (5,000) population or less,
shall not be charged more than Fifty Dollars ($50.00) for such fee.
Added by Laws 2004, c. 420, § 2, eff. Nov. 1, 2004.
§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. Standards and rules for public bathing places.
The State Commissioner of Health shall have supervision of the
sanitation, healthfulness, safety and design of public bathing
places, and shall enforce all rules promulgated and adopted by the
State Board of Health for carrying out the provisions of this act.
The Board is hereby authorized to promulgate and adopt reasonable
standards and rules pertaining to the design, construction, safety,
sanitation, and sanitary operation of public bathing places and to
establish fees, as it may deem necessary to effectively carry out the
provisions of this act.
Added by Laws 1963, c. 325, art. 10, § 1014, operative July 1, 1963.
Amended by Laws 2004, c. 420, § 4, eff. Nov. 1, 2004.
§63-1-1015. Sanitation and safety.
(a) All public bathing places shall be maintained in a sanitary
and safe condition, and all owners, managers, operators, and other
attendants in charge of any public bathing place shall be responsible
for the sanitation and safety of such places during the season or
seasons when the public bathing place is in use.
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(b) The water in a public bathing place shall, at all times
during the season or seasons when the bathing place is in use, be of
a safe and sanitary quality, in accordance with standards that shall
be established by the State Board of Health, on turbidity, chemical
content, pH value, bacterial content, and such other factors which
the Board deems necessary for the protection of the health and safety
of the public.
(c) All bathing suits and towels used by, and maintained for the
use of, the public shall be thoroughly washed, sterilized, rinsed,
and thoroughly dried each time they are used.
(d) All persons known or suspected of being infected with any
transmissible condition of a communicable disease shall be excluded
from the pool.
(e) A complete system of artificial lighting shall be provided
for all sections of public bathing places which are to be used at
night, but underwater lighting in the pool shall not be required.
(f) All interior sections or rooms of public bathing places shall
be properly ventilated.
Laws 1963, c. 325, art. 10, § 1015.
§63-1-1016. Construction and finish - Toilet facilities - Drinking
fountains - Hot and cold water - Lavatories and Showers - Design and
operation requirements - Equipment.
The materials of construction and finish used throughout the
premises of a public bathing place shall be such as will provide
easily cleanable surfaces with due consideration being given to the
safety of the patrons of such places. Requirements regarding toilet
facilities, drinking fountains, hot and cold water supplies,
lavatories, and showers may be included in standards adopted by the
State Board of Health. The design of public bathing places shall be
based on modern public health engineering practices and shall at
least comply with the minimum design and operation requirements for
the health and safety of patrons as set forth herein, and to this end
the State Commissioner of Health shall cause to be printed for free
distribution to architects, engineers, and others standards outlining
in detail such minimum requirements. The equipment of public bathing
places shall be such as to minimize accidents and to provide for the
health and safety of the patrons of public bathing places.
Laws 1963, c. 325, art. 10, § 1016.
§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
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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. Plans and specifications.
No public bathing place shall be constructed, added to or changed
unless plans and specifications therefor, prepared by a licensed
professional engineer, shall have been approved by the State
Commissioner of Health and a permit therefor shall have been issued
by the Commissioner for such purpose. Such plans and specifications
shall be accompanied by an application for a permit, and both the
plans and specifications and the application shall bear the signature
of the person for whom the work is to be done.
Laws 1963, c. 325, art. 10, § 1017.
§63-1-1018. Examinations and investigations.
The State Commissioner of Health, or his authorized
representative, or the local health officer, may at all reasonable
times enter all parts of the premises of a public bathing place to
make examination and investigation to determine the sanitary
conditions of such places and whether legal requirement and the rules
and regulations of the State Board of Health are being violated.
Laws 1963, c. 325, art. 10, § 1018.
§63-1-1019. Records.
The operating management of any public bathing place shall keep
such records of operation pertaining to sanitation as the State Board
of Health may specify.
Laws 1963, c. 325, art. 10, § 1019.
§63-1-1020. Noncompliance with law.
Any public bathing place constructed, operated or maintained
contrary to the foregoing provisions of this article is hereby
declared to be a public nuisance dangerous to public health, but may
be permitted to operate upon a compliance with such provisions.
Laws 1963, c. 325, art. 10, § 1020.
§63-1-1020.1. Reinspection of public bathing place found to be
public nuisance - Fees.
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Each public bathing place that has been declared, as a result of
an examination or investigation conducted pursuant to the provisions
of Section 1-1018 of Title 63 of the Oklahoma Statutes, to be a
public nuisance pursuant to the provisions of Section 1-1020 of Title
63 of the Oklahoma Statutes shall be subject to reinspection. For
each such reinspection performed, the operator of such public bathing
place subject to reinspection shall pay to the State Department of
Health a reinspection fee to be fixed by the State Board of Health.
The reinspection fee shall be paid prior to a determination by the
State Commissioner of Health, an authorized representative or the
local health officer that the public bathing place is in compliance
with the provisions of this act.
Added by Laws 2004, c. 420, § 5, eff. Nov. 1, 2004.
§63-1-1021. Permanently out-of-service public bathing places.
A. Public bathing places that are permanently out of service
shall be deemed to be public nuisances.
B. A public bathing place is permanently out of service when it
is removed from use with no intention of being reopened.
C. A public bathing place other than a wading pool will be
presumed to be permanently out of service when:
1. An indoor public bathing place has not been in use for ninety
(90) consecutive days;
2. An outdoor public bathing place has not been in use at any
time during the period extending from June 1 to September 1 of the
same year.
D. Closure or securing of a permanently out-of-service public
bathing place shall be required immediately upon being presumed
permanently out of service. Closure is to be completed by filling in
the public bathing place with earthen material or by covering the
facility with solid, rigid, weight-supporting material to make it
level with the surrounding area. Securing is to be completed by
constructing or utilizing an existing barrier adequate to prevent
entry by unauthorized persons.
E. Municipalities shall be allowed to secure public bathing
places which are out of service and have not been secured in
accordance with the requirements of this section, and may charge the
costs thereof against the taxes of the owner.
Added by Laws 1989, c. 177, § 3, operative July 1, 1989.
§63-1-1101. Definitions.
For the purposes of this article:
(a) The term "food" means (1) articles used for food or drink for
man, (2) chewing gum, and (3) articles used for components of any
such article.
(b) The term "label" means a display of written, printed or
graphic matter upon the immediate container of any article; and a
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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.
(c) The term "immediate container" does not include package
liners.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) The term "Federal Act" means the Federal Food, Drug, and
Cosmetic Act.
Laws 1963, c. 325, art. 11, § 1101.
§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.
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(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.
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§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
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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.
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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
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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
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(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
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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
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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
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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 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
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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 Board 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 three, 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 fund-raising events sponsored and conducted by the
organization. For the purposes of this paragraph, an "occasional
fund-raising 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; and
11. 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
Board of Health.
1. The Board 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 fund-raising 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 Board 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 Board 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
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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.
C. The State Board 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.
§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.
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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,
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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
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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
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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.
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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.
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§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
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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.
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§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.
§63-1-1201. Hotels, motels, etc. - Licenses required - Rules and
regulations.
(a) It shall be unlawful for any person to operate or maintain a
hotel unless he 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 State Board of Health, 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 Board of Health. 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 four 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 State Board of Health may adopt reasonable standards,
rules and regulations for hotels as to the following: buildings and
appurtenances thereto, including plumbing, ventilation and lighting;
construction, 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.
Laws 1963, c. 325, art. 12, § 1201.
§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.
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§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.
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§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.
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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.
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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
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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.
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§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.
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§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 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 the State of
Oklahoma which are owned and managed by the beekeeper;
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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 only be sold or distributed in
person to the end-use customer at the beekeeper's home, farmer's
markets, roadside stands, county fairs, or similar events; by the
beekeeper or members of the beekeeper's immediate family; 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.
§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
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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
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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.
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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
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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.
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§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
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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
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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
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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.
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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
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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.
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(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.
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§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.
§63-1-1440. 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.
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§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,
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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
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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 or a misdemeanor involving moral turpitude in any federal,
state, territory, or District of Columbia court;
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 6 of this act.
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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.
Added by Laws 2001, c. 384, § 5, emerg. eff. June 4, 2001.
§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.
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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
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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
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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.
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(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
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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.
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§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, and
4. The consumer safety and protection aspects of devices and
products which may or do produce harmful noise when such device or
product is used for its 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.
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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
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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
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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.
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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;
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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.
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§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,
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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 use by
minors.
The Oklahoma 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 by
minors.
Added by Laws 2017, c. 369, § 6.
§63-1-1531. Smoking cessation fee.
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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
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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
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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,
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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
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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
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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.
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§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.
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§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
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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 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
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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.
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.
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§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.
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§63-1-1751. License fees.
9%)
"%)
!$
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.
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§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.
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§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.
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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. The state or local "ombudsman", as
that term is defined by the Aging Services Division of the Department
of Human Services pursuant to the Older Americans' Act, 42 U.S.C.A.,
Section 3001 et seq., as amended, 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;
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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 State Board of Health;
7. "Commissioner" means 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;
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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 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
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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 the
Developmentally Disabled or Physically Handicapped Persons 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.
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 Oklahoma Veterans Center nursing facility licensed
pursuant to the provisions of this section shall be regulated as an
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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 Center 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.
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:
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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.
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§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.
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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
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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;
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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,
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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
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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
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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 Board 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
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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 from a
statewide organization of the elderly to act as a
citizen observer in unannounced inspections. The
individual may be a state or local ombudsman as defined
by the Aging Services Division of the Department of
Human Services, acting pursuant to the provisions of
the Older Americans Act of 1965, Public Law No. 89-73,
42 U.S.C.A., Section 3001 et seq., as amended.
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 said entry or inspection, except for good cause, shall
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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.
§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
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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;
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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
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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;
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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.
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§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'
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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
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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.
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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, 2020,
in accordance with the provisions of the Oklahoma Sunset Law, a Long-
Term Care Facility Advisory Board which shall be composed as follows:
1. The Governor shall appoint a twenty-seven-member Long-Term
Care Facility Advisory Board which shall advise the State
Commissioner of Health. The Advisory Board shall be comprised of the
following persons:
a. one representative from the Office of the State Fire
Marshal, designated by the State Fire Marshal,
b. one representative from the Oklahoma Health Care
Authority, designated by the Administrator,
c. one representative from the Department of Mental Health
and Substance Abuse Services, designated by the
Commissioner of Mental Health and Substance Abuse
Services,
d. one representative from the Department of Human
Services, designated by the Director of Human Services,
e. one member who shall be a licensed general practitioner
of the medical profession,
f. one member who shall be a general practitioner of the
osteopathic profession,
g. one member who shall be a registered pharmacist,
h. one member who shall be a licensed registered nurse,
i. one member who shall be a licensed practical nurse,
j. three members who shall be of reputable and responsible
character and sound physical and mental health and
shall be operator-administrators of nursing homes which
have current licenses issued pursuant to the Nursing
Home Care Act and who shall have had five (5) years'
experience in the nursing home profession as operator-
administrators,
k. three members who shall be residential care home
operator-administrators licensed pursuant to the
provisions of the Residential Care Act,
l. three members who shall be adult day care facility
owner-operators licensed pursuant to the provisions of
the Adult Day Care Act,
m. three members who shall be continuum of care facility
or assisted living center owner-operators licensed
pursuant to the provisions of the Continuum of Care and
Assisted Living Act, and
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n. six members who shall be over the age of sixty-five
(65) who shall represent the general public;
2. The designated representative from the Office of the State
Fire Marshal, the designated representative from the Department of
Mental Health and Substance Abuse Services, the designated
representative from the Department of Human Services, and the
designated representative from the State Department of Health shall
serve at the pleasure of their designators;
3. The initial appointments of the Governor shall be for the
following terms:
a. the initial term of the member of the medical
profession shall be for a three-year term,
b. the initial term of the member of the osteopathic
profession shall be for a three-year term,
c. the initial term of the registered pharmacist shall be
for a two-year term,
d. the initial term of the licensed registered nurse shall
be for a two-year term,
e. the initial term of the licensed practical nurse shall
be for a one-year term,
f. of the initial terms for the twelve members who are
licensed operator-administrators for facilities
pursuant to the Nursing Home Care Act, residential care
homes pursuant to the Residential Care Act, adult day
care facilities pursuant to the Adult Day Care Act, and
continuum of care facilities and assisted living
centers pursuant to the Continuum of Care and Assisted
Living Act, four shall be for one-year terms, four
shall be for two-year terms, and four shall be for
three-year terms; provided that representatives for
each of the terms shall include one individual
representing facilities subject to the provisions of
the Nursing Home Care Act, one individual representing
residential care homes subject to the Residential Care
Act, one individual representing facilities subject to
the provisions of the Adult Day Care Act, and one
individual representing continuum of care facilities
and assisted living centers subject to the provisions
of the Continuum of Care and Assisted Living Act, and
g. the initial terms for the six members of the general
public over the age of sixty-five (65) shall be for
one-, two-, three-, four-, five- and six-year terms
respectively; and
4. After the initial designations or appointments, the
designated representative from the Office of the State Fire Marshal,
the designated representative of the Oklahoma Health Care Authority,
the designated representative of the Department of Human Services and
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the designated representative of the Department of Mental Health and
Substance Abuse Services shall each serve at the pleasure of their
designators. All other terms shall be for a three-year period. 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 a clerical staff
worker to perform designated duties of the Advisory Board. The
Department shall also provide space for meetings of the Advisory
Board.
C. The Advisory Board 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 Board shall be reimbursed as provided for by the State
Travel Reimbursement Act.
D. The Advisory Board 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, make recommendations regarding, and approve in its
advisory capacity the system of standards developed by the
Department;
3. Evaluate and review the standards, practices, and procedures
of the Department regarding the administration and enforcement of the
provisions of the Nursing Home Care Act, the Residential Care Act and
the Adult Day Care Act, and the quality of services and care and
treatment provided to residents of facilities and residential care
homes and participants in adult day care centers. The Board may make
recommendations to the Department as necessary and appropriate;
4. Evaluate and review financial accountability standards,
policies and practices of residential care facilities regarding
residents' funds for which the facility is the payee, and evaluate
and review expenditures made on behalf of the resident by the
facility to ensure that such funds are managed appropriately and in
the best interests of the resident; and
5. Publish and distribute an annual report of its activities and
any recommendations for the improvement of services and care and
treatment to residents of facilities and residential care homes and
participants in adult day care centers on or before January 1 of each
year to the Governor, the State Commissioner of Health, the State
Board of Health, the Speaker of the House of Representatives, the
President Pro Tempore of the Senate, and the chief administrative
officer of each agency affected by the report.
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
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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.
§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
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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
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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. See the following versions:
OS 63-1-1925.2v1 (HB 2341, Laws 2019, c. 475, § 48).
OS 63-1-1925.2v2 (SB 280, Laws 2019, c. 489, § 3).
§63-1-1925.2v1. 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),
and shall be calculated in the same manner as has been mutually
understood by the long-term care industry and the Oklahoma Health
Care Authority.
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:
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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 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 September 1, 2003, subject to the availability
of funds, nursing facilities subject to the Nursing Home Care Act and
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, 2004, a facility that has been
determined by the State Department of Health to have
been in compliance with the provisions of paragraph 3
of this subsection since the implementation date of
this subsection, may implement flexible staff
scheduling; provided, however, such facility shall
continue to maintain a direct-care service rate of at
least two and eighty-six one-hundredths (2.86) hours of
direct-care service per resident per day.
b. At no time shall direct-care staffing ratios in a
facility with flexible staff-scheduling privileges fall
below one direct-care staff to every sixteen residents,
and at least two direct-care staff shall be on duty and
awake at all times.
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c. As used in this paragraph, "flexible staff-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 eighty-six
one-hundredths (2.86) hours per day,
(2) a direct-care-staff-to-resident ratio of at least
one direct-care staff person on duty to every
sixteen residents 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 Department 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,
(3) a complaint and/or survey investigation that has
determined substandard quality of care, or
(4) a complaint and/or survey investigation that has
determined quality-of-care problems related to
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 flexible 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 flexible
staff-scheduling privileges.
7. a. For facilities that have been granted flexible staff-
scheduling privileges, the Department shall monitor and
evaluate facility compliance with the flexible staff-
scheduling staffing provisions of paragraph 5 of this
subsection through reviews of monthly staffing reports,
results of complaint investigations and inspections.
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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 six
(6) months, and
(3) the third 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.
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
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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 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 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
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;
and
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
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and after September 1, 2003, such persons shall not be included in
the direct-care-staff-to-resident ratio.
H. 1. The Oklahoma Health Care Authority shall require all
nursing facilities subject to the provisions of the Nursing Home Care
Act and 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.
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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, and
(4) rate components in divisions (2) and (3) of this
subparagraph shall be re-based and adjusted for
inflation when additional funds are made
available.
3. The Department of Human Services shall expand its statewide
toll-free, Senior-Info Line for senior citizen services to include
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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.
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 funding 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. 475, § 48, eff. Nov. 1, 2019.
NOTE: Laws 2001, c. 331, § 2 repealed by Laws 2002, c. 22, § 34,
emerg. eff. March 8, 2002.
§63-1-1925.2v2. 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).
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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
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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
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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
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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 Board 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
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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.
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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:
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(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
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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),
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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.
NOTE: Laws 2001, c. 331, § 2 repealed by Laws 2002, c. 22, § 34,
emerg. eff. March 8, 2002.
§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.
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§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
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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:
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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
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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.
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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,
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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,
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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.
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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
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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.
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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.
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§63-1-1941. Copies of complaints, inspection or survey results to
Ombudsman Program of Special Unit on Aging.
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
Ombudsman Program of the Special Unit on Aging.
Laws 1980, c. 241, § 41, eff. Oct. 1, 1980.
§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, specialized facility, or
residential care home 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,
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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 Department
of Human Services 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 Oklahoma Personal Care
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 Oklahoma
Personal Care 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
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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
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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.
§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.
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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.
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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:
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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
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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
/ -*--+!(' !+0 '.!- -&,-)!2 -9!55
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.
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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
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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
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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.
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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.
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§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.
9$
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,
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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 any employer makes an offer to employ or to contract
with a nurse aide 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 check 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;
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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 or sodomy,
c. child abuse,
d. murder or attempted murder,
e. manslaughter,
f. kidnapping,
g. aggravated assault and battery,
h. assault and battery with a dangerous weapon, or
i. arson in the first degree.
2. If less than seven (7) 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,
/ -*--+!(' !+0 '.!- -&,-)!2 -9!"$
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.
§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.
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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
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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
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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 of
Human Services, 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 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
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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.
§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,
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(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.
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§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.
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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,
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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
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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
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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
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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
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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.
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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. Definitions.
As used in this act:
1. "Authorized electronic monitoring" means the placement of
electronic monitoring devices in the common areas or room of a
resident of a nursing facility and the tapes or recordings from such
devices pursuant to the provisions of this act;
2. "Authorized electronic monitoring devices" means:
a. video surveillance cameras installed in the common
areas or resident's room under the provisions of this
act, or
b. audio devices installed in the room of a resident under
the provisions of this act that are designed to acquire
communications or other sounds occurring in the room;
3. "Nursing facility" means the term as defined in Section 1-
1902 of Title 63 of the Oklahoma Statutes;
4. "Representative of a resident" means the term as is defined
in Section 1-1902 of Title 63 of the Oklahoma Statutes;
5. "Resident" means the term as is defined in Section 1-1902 of
Title 63 of the Oklahoma Statutes; and
6. "Unauthorized electronic monitoring" means electronic,
mechanical, or other devices that do not meet the provisions of this
act and that are specifically used for the nonconsensual interception
of wire or electronic communications.
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Added by Laws 2013, c. 204, § 1, eff. Nov. 1, 2013.
§63-1-1953.2. Notice of electronic monitoring - Refusal to admit -
Signs.
A. A nursing 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 this act 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 shall not refuse to admit an individual to
residency in the facility and shall not remove a resident from a
facility because of authorized electronic monitoring of a resident’s
room.
C. A nursing 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.
Added by Laws 2013, c. 204, § 2, eff. Nov. 1, 2013.
§63-1-1953.3. 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.
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 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 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.
§63-1-1953.4. 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.
§63-1-1953.5. Electronic monitoring in nursing homes.
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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 this act 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 this act 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
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.
§63-1-1953.6. Consent for electronic monitoring in nursing homes.
A. A resident or representative of a resident who wishes to
conduct authorized electronic monitoring shall be required to notify
the nursing 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:
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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 7 of this act, authorized
electronic monitoring may begin only after the required consent forms
specified in this act have been completed and returned to the nursing
facility and placed on file with the administrator of such facility.
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 this
act.
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 this act.
H. The Department shall prescribe the forms required by this act
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.
§63-1-1953.7. 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.
§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
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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.
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§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.
§63-1-1960. 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 Board of Health by rules
promulgated pursuant to the Home Care Act for home health aides and
home care agency administrators;
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3. “Department” means the State Department of Health;
4. “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
(ISO) to provide federal Internal Revenue Service
fiscal and supportive services to Consumer-Directed
Personal Assistance Supports and Services (CD-PASS)
waiver program participants who have employer
responsibility for hiring, training, directing and
managing an individual personal care attendant, or
c. CD-PASS waiver program employer participants;
5. “Home care services” means skilled or personal care services
provided to clients in their place of residence for a fee;
6. “Home health aide” means an individual who provides personal
care to clients in their temporary or permanent place of residence
for a fee;
7. “Home care agency administrator” means a person who operates,
manages, or supervises, or is in charge of a home care agency;
8. “Personal care” means assistance with dressing, bathing,
ambulation, exercise or other personal needs;
9. “Skilled care” means home care services performed on a
regular basis by a trained Respiratory Therapist/Technician or by 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;
10. “Standby assistance” means supervision of client directed
activities with verbal prompting and infrequent, incidental hands-on
intervention only; and
11. “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.
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§63-1-1962. Home care agency license – Supervisory requirements -
Exemptions.
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. 1. No home care agency, except as otherwise provided by this
subsection, shall place an individual in the role of supportive home
assistant with a client on a full-time, temporary, per diem, or other
basis, unless the individual has completed agency-based supportive
home assistant training taught by a registered nurse in the sections
applicable to the assistance required by the client. Each supportive
home assistant who successfully completes agency-based training shall
demonstrate competence by testing through an independent entity
approved by the State Department of Health. The requirements related
to application, approval, renewal, and denial of such testing
entities shall be set forth in administrative rules promulgated by
the State Board of Health.
2. The home care agency shall develop a written training plan
that shall include, at a minimum, the following:
a. observation, reporting, and documentation of client
status and the standby assistance or other services
furnished,
b. maintenance of a clean, safe, and healthy environment,
c. recognizing an emergency and necessary emergency
procedures,
d. safe techniques to provide standby assistance with
bathing, grooming, and toileting,
e. assistance with meal preparation and safe food handling
and storage,
f. client rights and responsibilities and the need for
respect for the client and for the privacy and property
of the client, and
g. basic infection control practices to include, at a
minimum, instruction in acceptable hand hygiene
techniques and the application of standard precautions.
3. Supervisory visits shall be made according to the client
need, as determined by the nursing supervisor, but no less than once
every six (6) months.
4. No supportive home assistant shall provide services to a
client until a criminal history background check and a check of the
nurse aide registry maintained by the State Department of Health is
performed in accordance with Section 1-1950.1 of this title and the
assistant is found to have no notations of abuse of any kind on the
registry and no convictions of the crimes listed in subsection F of
Section 1-1950.1 of this title.
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5. No home care agency may employ a supportive home assistant
listed on the Department of Human Services Community Services Worker
Registry.
6. 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 paragraph 8
of Section 1-1961 of this title or for companion or sitter services
as defined in paragraph 1 of 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;
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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 on a live-in basis,
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
particular client receiving the care, and
d. is supervised by a registered nurse via an on-site
visit at least once each month;
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
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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.
NOTE: Laws 1997, c. 219, § 1 repealed by Laws 1998, c. 5, § 29,
emerg. eff. March 4, 1998.
§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
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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.
§63-1-1963. 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
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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 Board 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:
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1. Minimum standards for home care services. In establishing
such standards, the Board 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
physician’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 physician’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.
§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:
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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;
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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.
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§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.
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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.
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§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;
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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
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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.
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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 Uniform Durable Power of Attorney Act, Sections
1071 through 1077 of Title 58 of the Oklahoma Statutes, with
authority to act regarding the patient's health and medical care
decisions, subject to the limitations under paragraph 1 of subsection
B of Section 1072.1 of Title 58 of the Oklahoma Statutes.
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Added by Laws 2019, c. 214, § 1, eff. Nov. 1, 2019.
§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,
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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
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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.
§63-1-1991. 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
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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.
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§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.
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§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.
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§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:
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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 Department of Human Services to be the chief
administrative officer of the Office;
3. "Department" means the Department of Human Services;
4. "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
5. "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.
§63-1-2213. Office of the State Long-Term Care Ombudsman.
A. There is hereby created within the Department of Human
Services 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;
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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 Commission for Human
Services 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 Commission for
Human Services, 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
Commission 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
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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 Department 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.
§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 Department of Human Services shall assure that
adequate legal counsel is available to the Office of the State Long-
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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 Department of
Human Services 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.
§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. Duties of Commission for Human Services - Advisory
capacity of State Council on Aging.
A. The Commission for Human Services 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
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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 Commission
shall promulgate, or
(3) the disclosure is required by court order.
B. The Oklahoma State Council on Aging, established by the
Commission for 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.
§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;
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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.
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§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.
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§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.
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§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.
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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 1018, Laws 2019, c. 93, § 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
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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
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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
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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
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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
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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, 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. "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;
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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. On-line 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 on-line
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
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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
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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, 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. 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.
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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. 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.
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§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
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#5
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.
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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.
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#
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.
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. "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
3. "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 opiate antagonist in
the event of a suspected overdose pursuant to Section 2 of this act.
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B. First responders shall have the authority to administer,
without prescription, opiate antagonists when encountering an
individual exhibiting signs of an opiate overdose.
C. First responders may provide, without prescription, opiate
antagonists to individuals who experienced or witnessed an opiate
overdose for use by those individuals at a later date.
D. For the purposes of this provision, 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 Executive 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 administering or providing an opiate
antagonist in a manner consistent with addressing opiate overdose
shall be covered under the Good Samaritan Act.
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.
§63-1-2506.2. Prescription of opiate antagonists to family members.
A. Upon request, a provider may prescribe an opiate antagonist
to an individual for use by that individual when encountering a
family member exhibiting signs of an opiate overdose.
B. When an opiate antagonist is prescribed in accordance with
subsection A 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 naloxone administration; and
4. The importance of calling 911 for help.
C. Any family member administering an opiate antagonist in a
manner consistent with addressing opiate overdose shall be covered
under the Good Samaritan Act.
D. Any provider prescribing or administering an opiate
antagonist in a manner consistent with addressing opiate overdose
shall be covered under the Good Samaritan Act.
Added by Laws 2013, c. 322, § 2, eff. Nov. 1, 2013. Amended by Laws
2018, c. 106, § 13, eff. Nov. 1, 2018.
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§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
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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;
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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
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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.
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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.
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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.
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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.
§63-1-2517. 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.
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§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.
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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;
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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;
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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
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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.
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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
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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.
§63-1-2600. 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.
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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
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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,
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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
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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.
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§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 and the 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.
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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.
§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.
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§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 Physician Manpower 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,
or emergency medicine.
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 and physician assistants who agree
to establish a practice in a community located in Oklahoma approved
by the Commission.
6. Each award 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 or physician
assistant detailing performance of activities in accordance with the
Program.
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7. The Commission shall review the performance in the Program of
the participating physician or physician assistant and determine
whether an award may be granted for additional years pursuant to
rules promulgated by the Commission.
B. The physicians and physician assistants 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 or physician assistant shall be eligible to
participate in the loan repayment program if the individual:
1. Is a physician that holds a current Oklahoma medical license;
2. Is a new primary care graduate physician or physician
assistant. 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 or physician assistant and
has met criteria established by the Commission.
D. The Commission may accept donations of public or private
funds to assist in funding the Medical Loan Repayment Program. The
Commission may, at its discretion, contract with other public
entities and non-profit 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 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 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.
§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 Physician Manpower 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.
Added by Laws 2010, c. 292, § 3, eff. Nov. 1, 2010. Amended by Laws
2011, c. 33, § 2, eff. Nov. 1, 2011.
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§63-1-2723. Physician Manpower Training Commission - Program
funding.
A. The Physician Manpower 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.
§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
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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. Mental Health Loan Repayment Revolving 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 "Mental Health 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 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
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#5$
student loans. 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 2019, c. 269, § 4, eff. Nov. 1, 2019.
§63-2-101. See the following versions:
OS 63-2-101v1 (SB 868, Laws 2019, c. 91, § 10).
OS 63-2-101v2 (SB 848, Laws 2019, c. 428, § 16).
§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 substances;
7. Descriptive materials accompanying the object which explain
or depict its use as an object for the consumption of controlled
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.
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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.
§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
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#55
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.
§63-2-101v1. Definitions.
As used in the Uniform Controlled Dangerous Substances Act:
1. "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;
2. "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;
3. "Board" means the Advisory Board to the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
4. "Bureau" means the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control;
5. "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;
6. "Commissioner" or "Director" means the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
7. "Control" means to add, remove or change the placement of a
drug, substance or immediate precursor under the Uniform Controlled
Dangerous Substances Act;
8. "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;
9. "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
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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;
10. "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;
11. "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;
12. "Distribute" means to deliver other than by administering or
dispensing a controlled dangerous substance;
13. "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;
14. "Drug" means articles:
a. 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,
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;
15. "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;
16. "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
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pursuant to a contract for such services, to clients in their place
of residence;
17. "Home care services" means skilled or personal care services
provided to clients in their place of residence for a fee;
18. "Hospice" 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. Such term shall also include a centrally
administered, nonprofit or profit, medically directed, nurse-
coordinated program if such program is licensed pursuant to the
provisions of Section 2-101 et seq. of this title. 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;
19. "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. In the event the appearance of the
dosage unit 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 as related to "representations made"
in determining whether the substance is an "imitation controlled
substance":
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;
20. "Immediate precursor" means a substance which the Director
has found to be and by regulation designates as being the principal
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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;
21. "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;
22. "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;
23. "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
industrial hemp 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 of the
industrial hemp plant,
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
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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
of 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
cannabidiol 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 of 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;
24. "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;
25. "Mid-level practitioner" means an advanced practice 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 duty
under Sections 501 through 508 of Title 4 of the Oklahoma Statutes;
26. "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
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#54
et seq. of this title shall not include decocainized
coca leaves or extracts of coca leaves, which extracts
do not contain cocaine or ecgonine;
27. "Opiate" means any 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. It does 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). It does include its
racemic and levorotatory forms;
28. "Opium poppy" means the plant of the species Papaver
somniferum L., except the seeds thereof;
29. "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;
30. "Person" means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity;
31. "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing;
32. "Practitioner" means:
a. (1) a medical doctor or osteopathic physician,
(2) a dentist,
(3) a podiatrist,
(4) an optometrist,
(5) a veterinarian,
(6) a physician assistant under the supervision of a
licensed medical doctor or osteopathic physician,
(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;
33. "Production" includes the manufacture, planting,
cultivation, growing or harvesting of a controlled dangerous
substance;
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34. "State" means the State of Oklahoma or any other state of
the United States;
35. "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;
36. "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,
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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,
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, or
antique pipes that are thirty (30) years of age or older;
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37. 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, Title 21 of the United States Code, 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;
38. "Tetrahydrocannabinols" means all substances that have been
chemically synthesized to emulate the tetrahydrocannabinols of
marijuana;
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39. "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;
40. "Hazardous materials" means materials, whether solid, liquid
or gas, which are toxic to human, animal, aquatic or plant life, and
the disposal of which materials is controlled by state or federal
guidelines;
41. "Anhydrous ammonia" means any substance that exhibits
cryogenic evaporative behavior and tests positive for ammonia;
42. "Acute pain" means pain, whether resulting from disease,
accidental or 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;
43. "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;
44. "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;
45. "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 a
Schedule II controlled substance or any opioid drug which is a
prescription 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,
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b. document the understanding of both the practitioner and
the patient regarding the pain-management plan 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 Schedule II controlled dangerous
substances, including any restrictions on the refill of
prescriptions or the acceptance of Schedule II
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 pain-management plan,
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" shall constitute a valid, informal
consent for opioid therapy. The provider 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;
46. "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; and
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.
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
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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. 25, § 34, emerg. eff. April 4, 2019; Laws 2019,
c. 91, § 10, emerg. eff. April 18, 2019.
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.
§63-2-101v2. Definitions.
As used in the Uniform Controlled Dangerous Substances Act:
1. "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;
2. "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;
3. "Board" means the Advisory Board to the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
4. "Bureau" means the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control;
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5. "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;
6. "Commissioner" or "Director" means the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
7. "Control" means to add, remove or change the placement of a
drug, substance or immediate precursor under the Uniform Controlled
Dangerous Substances Act;
8. "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;
9. "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;
10. "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;
11. "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;
12. "Distribute" means to deliver other than by administering or
dispensing a controlled dangerous substance;
13. "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;
14. "Drug" means articles:
a. 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,
b. intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other
animals,
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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;
15. "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;
16. "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;
17. "Home care services" means skilled or personal care services
provided to clients in their place of residence for a fee;
18. "Hospice" 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. Such term shall also include a centrally
administered, nonprofit or 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;
19. "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. In the event the appearance of the
dosage unit 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 as related to "representations made"
in determining whether the substance is an "imitation controlled
substance":
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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;
20. "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;
21. "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;
22. "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;
23. "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
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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
of 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
cannabidiol 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 of not more
than three-tenths of one percent (0.3%) on a dry weight
basis which shall not be grown anywhere in the State of
Oklahoma but may be shipped to Oklahoma pursuant to the
provisions of subparagraph e or f of this paragraph;
24. "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;
25. "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
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parameters of such officer's duty under Sections 501 through 508 of
Title 4 of the Oklahoma Statutes;
26. "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;
27. "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;
28. "Opium poppy" means the plant of the species Papaver
somniferum L., except the seeds thereof;
29. "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;
30. "Person" means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity;
31. "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing;
32. "Practitioner" means:
a. (1) a medical doctor or osteopathic physician,
(2) a dentist,
(3) a podiatrist,
(4) an optometrist,
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(5) a veterinarian,
(6) a physician assistant or Advanced Practice
Registered Nurse under the supervision of a
licensed medical doctor or osteopathic physician,
(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;
33. "Production" includes the manufacture, planting,
cultivation, growing or harvesting of a controlled dangerous
substance;
34. "State" means the State of Oklahoma or any other state of
the United States;
35. "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;
36. "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
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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,
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,
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(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, or
antique pipes that are thirty (30) years of age or older;
37. 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,
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(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, Title 21 of the United States Code, 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;
38. "Tetrahydrocannabinols" means all substances that have been
chemically synthesized to emulate the tetrahydrocannabinols of
marijuana;
39. "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;
40. "Hazardous materials" means materials, whether solid, liquid
or gas, which are toxic to human, animal, aquatic or plant life, and
the disposal of which materials is controlled by state or federal
guidelines;
41. "Anhydrous ammonia" means any substance that exhibits
cryogenic evaporative behavior and tests positive for ammonia;
42. "Acute pain" means pain, whether resulting from disease,
accidental or 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;
43. "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;
44. "Initial prescription" means a prescription issued to a
patient who:
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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;
45. "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" 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;
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46. "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; and
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.
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.
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.
§63-2-102. Bureau of Narcotics and Dangerous Drug Control.
There is hereby established the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control.
Added by Laws 1971, c. 119, § 2-102. Amended by Laws 1975, c. 133, §
2, emerg. eff. May 15, 1975.
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§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
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
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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.
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. 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,
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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.
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.
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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
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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:
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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
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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. 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 this act, 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 this act.
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;
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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 this act.
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 this act,
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,
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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. 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
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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.
§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, pursuant to rules promulgated by the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control Commission, 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.
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.
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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
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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 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
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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.
§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.
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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
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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. 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.
Laws 1971, c. 119, § 2-202.
§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.
§63-2-204. Schedule I.
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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. Ketobemidone;
27. Levomoramide;
28. Levophenacylmorphan;
29. Morpheridine;
30. Noracymethadol;
31. Norlevorphanol;
32. Normethadone;
33. Norpipanone;
34. Phenadoxone;
35. Phenampromide;
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36. Phenomorphan;
37. Phenoperidine;
38. Piritramide;
39. Proheptazine;
40. Properidine;
41. Racemoramide; or
42. 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
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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. Marihuana;
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;
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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. 4-Methylmethcathinone (Mephedrone);
62. 4-methoxymethcathinone;
63. 4-Fluoromethcathinone;
64. 3-Fluoromethcathinone;
65. 1-(8-bromobenzo 1,2-b;4,5-b' difuran-4-yl)-2-aminopropane;
66. 2,5-Dimethoxy-4-chloroamphetamine;
67. 4-Methylethcathinone;
68. Pyrovalerone;
69. N,N-diallyl-5-methoxytryptamine;
70. 3,4-Methylenedioxy-N-ethylcathinone (Ethylone);
71. B-keto-N-Methylbenzodioxolylbutanamine (Butylone);
72. B-keto-Methylbenzodioxolylpentanamine (Pentylone);
73. Alpha-Pyrrolidinopentiophenone;
74. 4-Fluoroamphetamine;
75. Pentedrone;
76. 4'-Methyl-a-pyrrolidinohexaphenone;
77. 2,5-dimethoxy-4-(n)-propylphenethylamine;
78. 2,5-dimethoxyphenethylamine;
79. 1,4-Dibenzylpiperazine;
80. N,N-Dimethylamphetamine;
81. 4-Fluoromethamphetamine;
82. 4-Chloro-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine
(25C-NBOMe);
83. 4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (25I-
NBOMe);
84. 4-Bromo-2,5-dimethoxy-N-(2-methoxybenzy)phenethylamine (25B-
NBOMe);
85. 1-(4-Fluorophenyl)piperazine;
86. Methoxetamine;
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87. 3,4-dichloro-N[2-dimethylamino)cyclohexyl]-N-
methylbenzamide;
88. N-ethyl hexadrone;
89. Isopropyl-U-47700;
90. Para-fluorobutyrl fentanyl;
91. Fluoro isobutryrl fentanyl;
92. 3-Hydroxy Phencyclidine (PCP); or
93. 3-methoxy Phencyclidine (PCP).
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,
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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 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;
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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;
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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;
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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.
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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);
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#4$
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,
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#4
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
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#45
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),
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#4"
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-
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#4
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.
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.
§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.
§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.
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#4#
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;
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#4=
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.
/ -*--+!(' !+0 '.!- -&,-)!2 -9!#44
§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.
§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,
/ -*--+!(' !+0 '.!- -&,-)!2 -9!=
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;
/ -*--+!(' !+0 '.!- -&,-)!2 -9!=
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;
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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.
§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;
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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:
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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;
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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.
§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
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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.
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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. 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
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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. Amended by Laws 2003, c. 338, §
3, eff. Nov. 1, 2003; Laws 2008, c. 359, § 7, emerg. eff. June 3,
2008.
§63-2-302. See the following versions:
OS 63-2-302v1 (SB1041, Laws 2019, c. 25, § 36).
OS 63-2-302v2 (SB848, Laws 2019, c. 428, § 17).
§63-2-302v1. 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.
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,
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benzodiazepines, barbiturates or carisoprodol, but not including
Suboxone or buprenorphine, shall obtain a registration issued by the
Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control.
D. Beginning January 1, 2019, every manufacturer and distributor
required to register under the provisions of this section shall
provide all data required pursuant to federal law, federal rules and
regulations and 21 U.S.C., Section 827(d)(1) on a quarterly basis to
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control in
accordance with rules promulgated by the Director.
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
/ -*--+!(' !+0 '.!- -&,-)!2 -9!=
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 the State of
Oklahoma.
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. Registrations may be issued at other times, however, upon
certification of the professional licensing board.
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
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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.
Added by Laws 1971, c. 119, § 2-302. 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.
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.
§63-2-302v2. 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 this article. Every
wholesaler, manufacturer or distributor of any drug product
containing pseudoephedrine or phenylpropanolamine, or their salts,
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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.
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 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.
D. The information maintained and provided pursuant to
subsection C 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.
E. Manufacturers, distributors, home care agencies, hospices,
home care services, 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
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be for a period not less than one (1) year nor more than three (3)
years.
F. 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 this article.
G. 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; and
8. Registered nurses and licensed practical nurses.
H. 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.
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I. 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.
J. The Director is authorized to inspect the establishment of a
registrant or applicant for registration in accordance with rules
promulgated by the Director.
K. 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 this act unless such person holds a valid license of
such person's profession or occupation.
L. Registrations shall be issued on the first day of November of
each year. Registrations may be issued at other times, however, upon
certification of the professional licensing board.
M. 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 G of this section shall be subject to the
registration requirements of Section 2-101 et seq. of this title.
N. 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.
O. 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.
Added by Laws 1971, c. 119, § 2-302. 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. 428, §
17, emerg. eff. May 21, 2019.
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.
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§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
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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. 1. The Director shall initially permit persons to register
who own or operate any establishment engaged in the manufacture,
distribution, dispensing, prescribing, administering or use for
scientific purposes of any controlled dangerous substances prior to
June 4, 1991, and who are registered or licensed by the state. 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 $500.00
annually
Manufacturer, Wholesaler, or
Distributor of drug products
containing pseudoephedrine or
phenylpropanolamine $300.00
annually
2. A registrant shall be required to pay double the amount of
the above-listed fee for any renewal of registration received more
than thirty (30) days late.
3. A Ten Dollar ($10.00) fee shall be charged for a duplicate
registration certificate.
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 this act.
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Added by Laws 1971, c. 119, § 2-303. 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.
NOTE: Laws 2003, c. 133, § 2 repealed by Laws 2004, c. 5, § 62,
emerg. eff. March 1, 2004.
§63-2-304. Denial, revocation or suspension of registration -
Administrative penalty.
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 or revoked by the Director
upon a finding that the registrant:
1. Has materially falsified any application filed pursuant to
the Uniform Controlled Dangerous Substances Act or required by the
Uniform Controlled Dangerous Substances Act;
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
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;
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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
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 denial 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. No
disposition may be made of substances impounded and preserved 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. Upon a revocation order becoming final, all
such controlled dangerous substances shall be forfeited to the state.
C. The Drug Enforcement Administration shall promptly be
notified of all orders suspending or revoking registration and all
forfeitures of controlled dangerous substances.
D. 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 Two
Thousand Dollars ($2,000.00) 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 so as to permit the Director of the 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.
Added by Laws 1971, c. 119, § 2-304. 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.
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§63-2-305. Order to show cause.
A. Before denying, suspending or revoking a registration or
refusing a renewal of registration, the Director shall serve upon the
applicant or registrant an order to show cause why registration
should not be denied, revoked or suspended or why the renewal should
not be refused. The order to show cause shall contain a statement of
the basis therefor and shall call upon the applicant or registrant to
appear before the appropriate person or agency at a time and place
within thirty (30) days after the date of service of the order, but
in the case of a denial or renewal of registration the show cause
order shall be served within thirty (30) days before the expiration
of the registration. These proceedings shall be conducted in
accordance with the Administrative Procedures Act without regard to
any criminal prosecution or other proceeding. Proceedings to refuse
renewal of registration shall not abate the existing registration
which shall remain in effect pending the outcome of the
administrative hearing.
B. The Director shall suspend, without an order to show cause,
any registration simultaneously with the institution of proceedings
under Section 2-304 of this title, if he 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 sooner
withdrawn by the Director or dissolved by a court of competent
jurisdiction.
Amended by Laws 1982, c. 120, § 3, emerg. eff. April 6, 1982.
§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. 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.
Added by Laws 1971, c. 119, § 2-307. Amended by Laws 2008, c. 359, §
9, emerg. eff. June 3, 2008.
§63-2-308. Order forms.
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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. 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,
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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 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, or
f. a practitioner that has received a waiver or extension
from his or her licensing board.
6. Electronic prescriptions shall not be utilized under the
following circumstances:
a. compound prescriptions containing two or more
commercially available products or two or more active
pharmaceutical ingredients,
b. compounded infusion prescriptions containing two or
more commercially available products or two or more
active pharmaceutical ingredients,
c. prescriptions issued under approved research protocols,
or
d. if the practitioner determines that an electronic
prescription cannot be issued in a timely manner and
the condition of the patient is at risk.
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 act.
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 paragraphs 5 and 6 of
this subsection shall be issued on an official prescription form
provided by the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control.
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10. a. Effective January 1, 2020, practitioners shall register
with the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control in order to be issued 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. A practitioner's registration shall be without fee and
subject to approval by the Bureau. Such registration
shall be valid for a period of two (2) years and may be
denied, suspended or revoked by the Bureau upon a
finding by the Bureau or licensing board that the
registered practitioner has had any license to practice
a medical profession revoked or suspended by any state
or federal agency.
c. 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.
d. 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 to be issued official
prescription forms.
11. a. Except as provided in subparagraph f of this paragraph,
the Bureau shall issue official prescription forms free
of charge only to registered practitioners in this
state. Such forms shall not be transferable. The
number of official prescription forms issued to a
registered practitioner at any time shall be at the
discretion of the Bureau.
b. Official prescription forms issued to a registered
practitioner shall be imprinted only with the primary
address and other addresses listed on the registration
of the practitioner. Such prescriptions shall be sent
only to the primary address of the registered
practitioner.
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c. Official prescription forms issued to a registered
practitioner shall be used only by the practitioner to
whom they are issued.
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.
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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, 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.
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 to be issued 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. 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.
NOTE: Laws 2012, c. 80, § 5 repealed by Laws 2013, c. 15, § 72,
emerg. eff. April 8, 2013.
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§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 a valid
passport, military identification card, driver license, or
identification card issued to a recipient pursuant to Section 6-105
of Title 47 of the Oklahoma Statutes or similar statute of another
state if the recipient is not a resident of the State of Oklahoma,
or, if the recipient is less than eighteen (18) years old and has no
such identification, the unique number contained on a valid passport,
military identification card, driver license, or identification card
issued to the recipient’s parent or guardian pursuant to Section 6-
105 of Title 47 of the Oklahoma Statutes or similar statute of
another state if the parent or guardian is not a resident of the
State of Oklahoma, or, if the controlled dangerous substance is
obtained for an animal, the unique number contained on the animal
owner’s valid driver license or identification card issued pursuant
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to Section 6-105 of Title 47 of the Oklahoma Statutes or similar
statute of another state if the owner is not a resident of the State
of Oklahoma. Nonresident drug outlets registered pursuant to the
Oklahoma Pharmacy Act and resident drug outlets defined in Section
353.1 of Title 59 of the Oklahoma Statutes are exempt from the
picture identification requirement if the nonresident and resident
drug outlets have obtained the identification of the patient through
the prescription benefit plan of the patient;
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.
§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
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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. 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.
E. 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.
NOTE: Laws 2012, c. 83, § 2 repealed by Laws 2013, c. 15, § 74,
emerg. eff. April 8, 2013.
§63-2-309D. See the following versions:
OS 63-2-309Dv1 (SB1041, Laws 2019, c. 25, § 38).
OS 63-2-309Dv2 (SB848, Laws 2019, c. 428, § 18).
§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.
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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;
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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),
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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
old, 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.
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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 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
who is currently in active treatment for cancer, receiving hospice
care from a licensed hospice or palliative care, or is a resident of
a long-term care facility, or to 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
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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.
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.
§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. 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.
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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.
Amended by Laws 1982, c. 120, § 5, emerg. eff. April 6, 1982.
§63-2-312. 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, 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,
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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 subsection D of
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. 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.
§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 felony
punishable by imprisonment in the State Penitentiary for a term of
not more than three (3) years, 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.
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Amended by Laws 1997, c. 133, § 527, eff. July 1, 1999; Laws 1999,
1st Ex.Sess., c. 5, § 380, eff. July 1, 1999.
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 dispensation of Naloxone.
Naloxone, also known as Narcan, or any of its generic equivalents
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. Naloxone 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.
§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
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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.
Laws 1971, c. 119, § 2-313.
§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
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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.
Added by Laws 1971, c. 119, § 2-314.
§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
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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. Ephedrine, its salts, optical isomers and salts of optical
isomers;
9. Norpseudoephedrine, its salts, optical isomers, and salts of
optical isomers;
10. Phenylpropanolamine, its salts, optical isomers and salts of
optical isomers;
11. Benzyl cyanide;
12. N-methylephedrine, its salts, optical isomers and salts of
optical isomers;
13. Pseudoephedrine, its salts, optical isomers and salts of
optical isomers;
14. Chloroephedrine, its salts, optical isomers and salts of
optical isomers;
15. Piperidine and its salts;
16. Pyrrolidine and its salts;
17. Propionic anhydride;
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18. Isosafrole;
19. Safrole;
20. Piperonal; and
21. 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. A denial of an application for a permit or license shall
be handled as provided by Section 2-325 of this title.
Added by Laws 1990, c. 220, § 4, eff. Sept. 1, 1990. Amended by Laws
1998, c. 12, § 1, eff. Nov. 1, 1998.
§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
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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
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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. Denial, suspension or revocation of license or permit -
Grounds - Order to show cause - Administrative proceeding -
Suspension without order to show cause.
A. A license or permit, obtained pursuant to Sections 5 or 6 of
this act, shall be denied, suspended, or revoked by the Director upon
finding that the licensee or permit holder has:
1. Materially falsified any application filed pursuant to this
act or required by this act;
2. Been convicted of a misdemeanor relating to any precursor
substance defined in Section 4 of this act or any felony under the
laws of this state or the United States; or
3. Failed to maintain effective controls against the diversion
of said precursors to unauthorized persons or entities.
B. Before denying, suspending, or revoking a license or permit,
the Director shall cause to be served upon the applicant, licensee,
or permit holder an order to show cause why a license or a permit
should not be denied, suspended, or revoked. The order to show cause
shall contain a statement of the basis therefor and shall call upon
the applicant, licensee, or permit holder to appear before the
appropriate person or agency at the time and place within thirty (30)
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.
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 he 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.
§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
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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 year or by a fine not to exceed Ten Thousand Dollars
($10,000.00).
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C. A person who manufactures, sells, transfers, or otherwise
furnishes a precursor substance defined in Section 2-322 of this
title commits an 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 felony 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. Manufacturers, 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
felony 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.
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.
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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
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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 healthcare 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 felony
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
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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.
§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 felony 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
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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.
§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
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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
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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
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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 felony, and shall be sentenced to a term of imprisonment
in the custody of the Department of Corrections for not more than
seven (7) years and a fine of 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 felony punishable by a term of imprisonment in the custody of
the Department of Corrections for not more than fourteen (14) years.
A third or subsequent conviction for the violation of the provisions
of this paragraph is a felony punishable by a term of imprisonment in
the custody of the Department of Corrections for not more than twenty
(20) years;
2. Any other controlled dangerous substance classified in
Schedule III, IV, V or marijuana, upon conviction, shall be guilty of
a felony and shall be sentenced to a term of imprisonment in the
custody of the Department of Corrections for not more than five (5)
years and a fine of 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
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paragraph is a felony punishable by a term of imprisonment in the
custody of the Department of Corrections for not more than ten (10)
years. A third or subsequent conviction for the violation of the
provisions of this paragraph is a felony punishable by a term of
imprisonment in the custody of the Department of Corrections for not
more than fifteen (15) years; 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 of not more than one (1) year and a fine of 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
felony and shall be sentenced to a term of imprisonment in the
custody of the Department of Corrections for not more than two (2)
years and a fine of 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
Serices, 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 felony and shall be punished by imprisonment
in the custody of the Department of Corrections for a term not to
exceed ten (10) years and a fine of 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 felony punishable by imprisonment in the
custody of the Department of Corrections for a term not less than two
(2) years nor more than twenty (20) years. A third or subsequent
conviction for the violation of the provisions of this paragraph is a
felony punishable by imprisonment in the custody of the Department of
Corrections for a term not less than ten (10) years nor more than
life.
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 felony and shall be punished by imprisonment
in the custody of the Department of Corrections for a term not to
exceed ten (10) years and a fine of 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.
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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 felony punishable by imprisonment in the
custody of the Department of Corrections for a term not less than two
(2) years nor more than twenty (20) years. A third or subsequent
conviction for the violation of the provisions of this paragraph is a
felony punishable by imprisonment in the custody of the Department of
Corrections for a term not less than ten (10) years nor more than
life.
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 punishable by:
1. For a first violation of this section, 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 section, 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 section, 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
state parks and recreation areas, public housing project, or child
care facility as defined by Section 402 of Title 10 of the Oklahoma
Statutes, shall be punished by:
1. For a first offense, a term of imprisonment in the custody of
the Department of Corrections, or by the imposition of a fine or by
both, not exceeding twice that authorized by the appropriate
provision of this section; or
2. For a second or subsequent violation of this section, a term
of imprisonment in the custody of the Department of Corrections, or
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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, or possessing any
substance listed in this subsection or Section 2-322 of this title,
upon conviction, is guilty of a felony and shall be punished by
imprisonment for not less than seven (7) years nor more than life and
by a fine of 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,
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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 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 marihuana
or one thousand (1000) or more marihuana plants
regardless of weight, or
h. fifty (50) grams or more of methamphetamine, its salts,
isomers, and salts of its isomers or 500 grams or more
of a mixture or substance containing a detectable
amount of methamphetamine, its salts, isomers, or salts
of its isomers,
upon conviction, is guilty of aggravated manufacturing a controlled
dangerous substance punishable by imprisonment for not less than
twenty (20) years nor more than life and by a fine of 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
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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
felony 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 1-2522
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. 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,
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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.
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.
Laws 2004, c. 530, § 2 amended the effective date of Laws 2004, c.
396 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. See the following versions:
OS 63-2-402v1 (HB 2479, Laws 2016, c. 220, § 1).
OS 63-2-402v2 (State Question No. 780, Initiative Petition No.
404, § 3).
§63-2-402v1. 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 this
act.
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
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c. the distribution and promotion of the product,
including verbal representations made at the point of
sale.
B. Any person who violates this section with respect to:
1. Any Schedule I or II substance, except marijuana or a
substance included in subsection D of Section 2-206 of this title, is
guilty of a felony punishable by imprisonment for not more than five
(5) years and by a fine not exceeding Five Thousand Dollars
($5,000.00). A second violation of this section with respect to a
Schedule I or II substance, except marijuana or a substance included
in subsection D of Section 2-206 of this title, is a felony
punishable by imprisonment for not more than ten (10) years and by a
fine not exceeding Ten Thousand Dollars ($10,000.00). A third or
subsequent violation of this section with respect to a Schedule I or
II substance, except marijuana or a substance included in subsection
D of Section 2-206 of this title, is a felony punishable by
imprisonment for not less than four (4) years nor more than fifteen
(15) years and by a fine not exceeding Ten Thousand Dollars
($10,000.00);
2. Any Schedule III, IV or V substance, marijuana, a substance
included in subsection D of Section 2-206 of this title, or any
preparation excepted from the provisions of the Uniform Controlled
Dangerous Substances Act 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);
3. Any Schedule III, IV or V substance, marijuana, a substance
included in subsection D of Section 2-206 of this title, or any
preparation excepted from the provisions of the Uniform Controlled
Dangerous Substances Act and who, during the period of any court-
imposed probationary term or within ten (10) years of the date
following the completion of the execution of any sentence or deferred
judgment for a violation of this section, commits a second or
subsequent violation of this section shall, upon conviction, be
guilty of a felony punishable by imprisonment in the custody of the
Department of Corrections for not less than one (1) year nor more
than five (5) years and by a fine not exceeding Five Thousand Dollars
($5,000.00); or
4. Any Schedule III, IV or V substance, marijuana, a substance
included in subsection D of Section 2-206 of this title, or any
preparation excepted from the provisions of the Uniform Controlled
Dangerous Substances Act and who, ten (10) or more years following
the date of completion of the execution of any sentence or deferred
judgment for a violation of this section, commits a second or
subsequent violation of this section shall, upon conviction, be
guilty of a felony punishable by imprisonment in the custody of the
Department of Corrections for not less than one (1) year nor more
/ -*--+!(' !+0 '.!- -&,-)!2 -9!="=
than five (5) years and by a fine not exceeding Five Thousand Dollars
($5,000.00).
C. Any person who violates any provision of this section by
possessing or purchasing a controlled dangerous substance from any
person, in or on, or within one thousand (1,000) 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 state parks and recreation areas, or
in the presence of any child under twelve (12) years of age, shall be
guilty of a felony and punished by:
1. For a first offense, a term of imprisonment, or by the
imposition of a fine, or by both, not exceeding twice that authorized
by the appropriate provision of this section. In addition, the
person shall serve a minimum of fifty percent (50%) of the sentence
received prior to becoming eligible for state correctional
institution earned credits toward the completion of said sentence; or
2. For a second or subsequent offense, a term of imprisonment
not exceeding three times that authorized by the appropriate
provision of this section and the person shall serve a minimum of
ninety percent (90%) of the sentence received prior to becoming
eligible for state correctional institution earned credits toward the
completion of said sentence, and imposition of a fine not exceeding
Ten Thousand Dollars ($10,000.00).
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, § 2-402. 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; Laws 2016,
c. 220, § 1, eff. Nov. 1, 2016.
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, § 3 amended the effective date of Laws
2004, c. 396, § 3 from Nov. 1, 2004, to Sept. 1, 2004.
§63-2-402v2. Prohibited acts B - Penalties.
A. 1. It shall be unlawful for any person knowingly or
intentionally to possess a controlled dangerous substance unless such
/ -*--+!(' !+0 '.!- -&,-)!2 -9!="4
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 this
act.
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. 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).
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. 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.
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, § 3 amended the effective date of Laws
2004, c. 396, § 3 from Nov. 1, 2004, to Sept. 1, 2004.
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§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 felony punishable by
imprisonment for a period not to exceed ten (10) years. A second or
subsequent offense under this subsection is a felony punishable by
imprisonment for not less than ten (10) years. 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 felony 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 felony 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. Amended by Laws 1983, c. 82, §
1, emerg. eff. May 3, 1983.
§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
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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 felony punishable by imprisonment for not more than five
(5) years, 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 twice that
otherwise authorized 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. 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.
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.
§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
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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 felony.
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. 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. Nov. 1,
2004.
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.
§63-2-406. Prohibited acts F - Penalties.
A. It shall be unlawful for any registrant knowingly or
intentionally:
1. To distribute, other than by dispensing or as otherwise
authorized by this act, a controlled dangerous substance classified
in Schedules I or II, in the course of his legitimate business,
except pursuant to an order form as required by Section 2-308 of this
title;
2. To 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;
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3. To acquire or obtain possession of a controlled dangerous
substance by misrepresentation, fraud, forgery, deception or
subterfuge;
4. To 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 this act, or any record
required to be kept by this act; and
5. To 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.
B. Any person who violates this section is guilty of a felony
punishable by imprisonment for not more than twenty (20) years or a
fine of 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 1-2522
of this title.
Added by Laws 1971, c. 119, § 2-406. 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. Nov. 1, 2004.
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.
§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;
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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 felony
punishable by imprisonment for not more than ten (10) years, 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 for not less than
four (4) years nor more than twenty (20) years, 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. 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.
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, § 3 amended the effective date of Laws
2004, c. 396, § 7 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
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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. Nov. 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 anyoffense 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
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of which was the object of the offer, solicitation, attempt, endeavor
or conspiracy.
Laws 1971, c. 119, § 2-408.
§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.
Laws 1971, c. 119, § 2-409.
§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.
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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. 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. 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.
§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.
§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
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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.
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A. The provisions of the Trafficking in Illegal Drugs Act shall
apply to persons convicted of violations with respect to the
following substances:
1. Marihuana;
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. Marihuana:
a. twenty-five (25) pounds or more of a mixture or
substance containing a detectable amount of marihuana
shall be 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
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b. one thousand (1,000) pounds or more of a mixture or
substance containing a detectable amount of marihuana
shall be deemed aggravated trafficking 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 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 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 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
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 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 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 punishable by a fine of not
less than Fifty Thousand Dollars ($50,000.00) and not
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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 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 punishable 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 punishable 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 punishable 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
punishable 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
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 aggravated
trafficking punishable by a term of imprisonment in the
custody of the Department of Corrections of not less
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than two (2) years nor more than life 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
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
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 and fifty (3,750)
grams or more of a mixture containing a detectable amount of
hydrocodone shall be trafficking 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 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: One (1) gram or
more of a mixture containing fentanyl or carfentanil, or any fentanyl
analogs or derivatives shall be 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).
D. Any person who violates the provisions of this section with
respect to a marihuana, 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
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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 as provided
in subparagraph b of paragraph 1 of subsection C of this section,
subparagraph c of paragraph 2 of subsection C of this section or
subparagraph c of paragraph 4 of subsection C of this section, a
sentence of imprisonment in the custody of the Department of
Corrections as provided in paragraphs 1, 2 and 3 of subsection D of
this section, of which 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.
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.
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§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
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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 felony 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 Title 63 of the Oklahoma Statutes.
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 Title 63 of the
Oklahoma Statutes.
D. A person who violates subsection A of this section by
employing, hiring, or using an individual under fifteen (15) years of
age, 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.
§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
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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
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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
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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
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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.
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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
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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.
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§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
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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. 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.
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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. 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
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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
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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.
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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. 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
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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
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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 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 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.
§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
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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 felony 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 felony penalty shall be imprisonment in the
custody of the Department of Corrections for five (5) years, 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 Title 63 of the Oklahoma Statutes
shall be guilty of a felony, upon conviction, punishable as provided
in Section 8 of this act.
Added by Laws 2008, c. 170, § 4, eff. July 1, 2008.
§63-2-503.1e. Use of money services business for unlawful acts.
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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 Title 63 of the Oklahoma
Statutes or Sections 1 through 9 of this act, 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 felony.
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 Title 63 of the Oklahoma Statutes or
Sections 1 through 9 of this act shall be guilty, upon conviction, of
a felony.
Added by Laws 2008, c. 170, § 5, eff. July 1, 2008.
§63-2-503.1f. Evasion of certain money reporting requirements.
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.
Added by Laws 2008, c. 170, § 6, eff. July 1, 2008.
§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
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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.
Added by Laws 2008, c. 170, § 7, eff. July 1, 2008.
§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
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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
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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:
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(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.
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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.
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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 the Oklahoma Tax Commission brand the
certificate of title with the notation “Drug Manufacture Vehicle”.
Added by Laws 2010, c. 308, § 1, eff. Nov. 1, 2010.
§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.
§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
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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. 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.
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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.
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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
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(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
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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:
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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. 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
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a written inventory on forms to be furnished by the Oklahoma State
Bureau of Investigation.
Added by Laws 1971, c. 119, § 2-507. 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
/ -*--+!(' !+0 '.!- -&,-)!2 -9!4"
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:
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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
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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
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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.
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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. 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
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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 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.
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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 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. 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.
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
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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.
Laws 1971, c. 119, § 2-510.
§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. 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.
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§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.
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§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.
§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.
§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.
§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
felony, punishable by imprisonment in the custody of the Department
of Corrections for not less than two (2) years and not more than ten
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(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
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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 felony, punishable by incarceration in the
custody of the Department of Corrections for not more than two (2)
years, 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
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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.
§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.
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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.
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§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.
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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
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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. Opioid Overdose Fatality Review Board – Powers and
duties.
A. There is hereby created until July 1, 2023, in accordance
with the Oklahoma Sunset Law, the Opioid Overdose Fatality Review
Board within the Department of Mental Health and Substance Abuse
Services. The Board 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;
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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 of the Opioid Overdose
Fatality Review Board, 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 its duties and responsibilities, the Board
shall:
1. Promulgate rules establishing criteria for identifying cases
involving an opioid overdose death subject to specific, in-depth
review by the Board;
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 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
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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 provided to the Board shall be maintained by
the Board in a confidential manner as otherwise required by state and
federal law. Any person damaged by disclosure of such confidential
information by the Board 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;
7. Maintain all confidential information, documents and records
in possession of the Board 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 Board;
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 Board including, but not limited
to, clinical summaries from treating physicians, chronologies of
contact and second-opinion autopsies;
9. Report, if recommended by a majority vote of the Board, 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
Board while performing its duties; and
10. Exercise all incidental powers necessary and proper for the
implementation and administration of the Opioid Overdose Fatality
Review Board.
C. The review and discussion of individual cases of an opioid
overdose death shall be conducted in executive session. All other
business shall be conducted in accordance with the provisions of the
Oklahoma Open Meeting Act. All discussions of individual cases and
any writings produced by or created for the Board in the course of
determining a remedial measure to be recommended by the Board, 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. The Board shall periodically conduct meetings to discuss
organization and business matters and any actions or recommendations
aimed at improvement of the medical system or law enforcement system
which shall be subject to the Oklahoma Open Meeting Act. Part of any
meeting of the Board may be specifically designated as a business
meeting of the Board subject to the Oklahoma Open Meeting Act.
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D. The Board shall submit an annual statistical report on the
incidence and causes of opioid overdose deaths in this state for
which the Board has completed its review during the past calendar
year including its recommendations, if any, to the medical and law
enforcement system. The Board shall also prepare and make available
to the public, on an annual basis, a report containing a summary of
the activities of the Board 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.
Added by Laws 2018, c. 252, § 2, eff. Nov. 1, 2018.
§63-2-1002. Composition of Board.
A. The Opioid Overdose Fatality Review Board shall be composed
of twenty (20) members, or their designees, as follows:
1. Ten of the members shall be:
a. the Attorney General or designee,
b. the Chief Medical Examiner or designee,
c. the State Commissioner of Health or designee,
d. the Chief of Injury Prevention Services of the State
Department of Health or designee,
e. the President of the Oklahoma State Medical Association
or designee,
f. the Director of the Oklahoma Bureau of Narcotics and
Dangerous Drugs Control or designee,
g. the Commissioner of the Department of Mental Health and
Substance Abuse Services or designee,
h. the President of the Oklahoma Osteopathic Association
or designee,
i. the Director of the Department of Human Services or
designee, and
j. the Director of the Oklahoma State Bureau of
Investigation or designee; and
2. Ten of the members shall be appointed by the Attorney
General, shall serve for terms of two (2) years and shall be eligible
for reappointment. The members shall be persons having training and
experience in matters related to opioid abuse and prevention. The
appointed members shall include:
a. a county sheriff selected from a list of three names
submitted by the executive board of the Oklahoma
Sheriffs' Association,
b. a chief of a municipal police department selected from
a list of three names submitted by the Oklahoma
Association of Chiefs of Police,
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c. an attorney licensed in this state who is in private
practice selected from a list of three names submitted
by the Board of Governors of the Oklahoma Bar
Association,
d. a district attorney selected from a list of three names
submitted by the District Attorneys Council,
e. a physician with emergency medical training selected
from a list of three names submitted by the Oklahoma
State Medical Association,
f. a physician with experience in drug addiction treatment
and recovery selected from a list of three names
submitted by the Oklahoma Osteopathic Association,
g. a nurse selected from a list of three names submitted
by the Oklahoma Nurses Association,
h. two individuals, at least one of whom shall be a person
who currently receives or formerly has been a consumer
of addiction recovery services related to opioid use,
selected from a list of three names submitted by the
Oklahoma Department of Mental Health and Substance
Abuse Services, and
i. a member of the judiciary selected from a list of three
names submitted by the Oklahoma Supreme Court.
B. Every two (2) years the Board shall elect from among its
membership a chair and a vice-chair. The Board shall meet at least
quarterly and may meet more frequently as necessary as determined by
the chair. Members shall serve without compensation but may be
reimbursed for necessary travel out of funds available to the Office
of the Attorney General and the Department of Mental Health and
Substance Abuse Services, pursuant to the State Travel Reimbursement
Act; provided, that the reimbursement shall be paid in the case of
state employee members by the agency employing the member.
C. With funds appropriated or otherwise available for that
purpose, the Office of the Attorney General, jointly with the
Department of Mental Health and Substance Abuse Services, shall
provide administrative assistance and services to the Opioid Overdose
Fatality Review Board.
Added by Laws 2018, c. 252, § 3, eff. Nov. 1, 2018.
§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.
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B. The Office of Chief Medical Examiner shall conduct an initial
review of overdose death certificates in accordance with the criteria
established by the Opioid Overdose Fatality Review Board and refer to
the Board those cases that meet the criteria established by the Board
for specific case review.
C. Upon the request of the Board, every entity within the
medical and law enforcement system shall provide to the Board any
information requested by the Board relevant to the discharge of its
duties, unless otherwise prohibited by state or federal law.
Added by Laws 2018, c. 252, § 4, eff. Nov. 1, 2018.
§63-2-309Dv1. 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. State 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. 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; and
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.
B. This section shall not prevent access, at the discretion of
the Director of the Oklahoma State Bureau of Narcotics and Dangerous
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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 which shall be limited
to types and quantities of controlled substances dispensed and the
county where dispensed.
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 for determination in
prescribing or screening new patients. The patient's history may be
disclosed to the patient for the purposes of treatment of information
at the discretion of the physician.
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 until October 31, 2020, 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
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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 shall
be grounds for the licensing board of the registrant to take
disciplinary action against the registrant.
H. The State Board of Podiatric Examiners, the State Board of
Dentistry, the State Board of Medical Licensure and Supervision, the
State Board of Examiners in Optometry, the State 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 State Board of Podiatric
Examiners, the State Board of Dentistry, the State Board of Medical
Licensure and Supervision, the State Board of Examiners in Optometry,
the State 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
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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 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 or if a practitioner or prescriber has exhibited
prescriptive behavior consistent with generally recognized standards
indicating potentially problematic prescribing patterns. 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.
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.
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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. 25, § 38, emerg. eff. April 4, 2019.
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.
§63-2-309Dv2. 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. State 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. 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; and
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.
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, county or municipal law
/ -*--+!(' !+0 '.!- -&,-)!2 -9!4
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 which shall be limited
to types and quantities of controlled substances dispensed and the
county where dispensed.
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 for determination in
prescribing or screening new patients. The patient's history may be
disclosed to the patient for the purposes of treatment of information
at the discretion of the physician.
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
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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 State Board of Podiatric Examiners, the State Board of
Dentistry, the State Board of Medical Licensure and Supervision, the
State Board of Examiners in Optometry, the State 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 State Board of Podiatric
Examiners, the State Board of Dentistry, the State Board of Medical
Licensure and Supervision, the State Board of Examiners in Optometry,
the State 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
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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 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 or if a practitioner or prescriber has exhibited
prescriptive behavior consistent with generally recognized standards
indicating potentially problematic prescribing patterns. 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.
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,
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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.
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.
§63-79. Oklahoma Sports Eye Safety Program Revolving Fund.
There is hereby created in the State Treasury a revolving fund to
be designated the "Oklahoma Sports Eye Safety Program Revolving Fund"
administered by the State Department of Health. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all the monies received by the State Department of Health
pursuant to the provisions of Section 2368.25 of Title 68 of the
Oklahoma Statutes, any other section of law and any other monies that
may be deposited in the fund to implement the provisions of this act.
All monies accruing to the credit of the fund are appropriated and
may be budgeted and expended by the State Department of Health for
the purposes of:
1. Exploring opportunities to utilize nonprofit organizations to
provide sports eye safety information or sports eye safety equipment
to children age eighteen (18) and under; and
2. Establishing a sports eye safety grant program for the
purchase and distribution of sports eye safety programs and materials
to classrooms in this state and sports eye safety protective wear to
children age eighteen (18) and under.
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 2011, c. 384, § 3, eff. Nov. 1, 2011. Amended by Laws
2012, c. 304, § 502.
§63-91. State Anatomical Board - Creation and membership – Duties –
Organization – Rules - Records of bodies received and distributed -
Exemptions.
A. There is hereby re-created, to continue until July 1, 2020,
in accordance with the provisions of the Oklahoma Sunset Law, an
oversight Board to be known as the State Anatomical Board, to be
composed of the following members:
1. The Deans or their designee of each accredited medical school
and osteopathic medical school within the State of Oklahoma;
2. The persons heading the Department of Anatomy, or comparable
department, in the medical and osteopathic medical schools or their
designee;
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3. Two persons appointed jointly by the presidents of
institutions of higher education within the state which have
educational programs other than medical which require on a regular
basis human anatomical materials, provided that these programs have
been approved by the State Regents for Higher Education; and
4. One at-large member appointed by the Governor to represent
the interests of the citizens of this state.
B. It shall be the duty of the State Anatomical Board to
register all anatomical donor programs and non-transplant tissue
banks and to designate agents to provide for the collection,
preservation, storage, distribution, delivery, recovery from users,
cremation and final disposition of all dead human bodies used for
health science education and research in the State of Oklahoma.
C. The Board shall elect from its membership a chairperson who
shall perform such other duties as the Board may prescribe by rule.
The Board shall have full power to establish rules for its
government, to appoint and remove officers, and to appoint an
executive director who shall keep full and complete minutes of its
transactions and manage the affairs of the Board. The expenditures
authorized in this section shall not be a charge against the state,
but shall be paid by the agent designated by the Board to receive,
store, issue, and cremate human anatomical materials. Records shall
also be kept by the agent of all bodies received and distributed for
the period of time authorized by the Records Disposition Schedule.
The name of the oversight Board shall be the State Anatomical Board,
hereinafter called the Anatomical Board. The Anatomical Board may,
in its discretion, exempt any county, district, or institution from
the provisions of this act in any calendar year for any length of
time.
Added by Laws 1935, p. 57, § 1, emerg. eff. April 16, 1935. Amended
by Laws 1969, c. 141, § 1, emerg. eff. April 9, 1969; Laws 1976, c.
126, § 1, emerg. eff. May 18, 1976; Laws 1982, c. 97, § 1, operative
Oct. 1, 1982; Laws 1988, c. 225, § 20; Laws 1994, c. 9, § 1; Laws
2000, c. 92, § 1; Laws 2006, c. 114, § 1, eff. Nov. 1, 2006; Laws
2012, c. 119, § 1, eff. Nov. 1, 2012; Laws 2013, c. 15, § 76, emerg.
eff. April 8, 2013; Laws 2016, c. 48, § 1.
NOTE: Laws 2006, c. 54, § 1 repealed by Laws 2007, c. 1, § 53,
emerg. eff. Feb. 22, 2007. Laws 2012, c. 62, § 1 repealed by Laws
2013, c. 15, § 77, emerg. eff. April 8, 2013.
§63-92. Conditions for surrendering unclaimed bodies in government
custody to Anatomical Board.
In the event that the body of any deceased person required to be
buried or cremated at public expense shall enter into the custody of
a government official, such as a warden, superintendent,
administrator or officer of any state, county or municipal office,
the government official shall use reasonable effort to ascertain if
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the deceased person has any relative, friend or other representative
who will assume charge of the body for burial or cremation at his or
her expense. If such effort does not result in the discovery of a
claimant within twenty-four (24) hours after death, the government
official may notify the Anatomical Board or the Board’s agent. The
government official shall, without fee or reward, surrender, except
as otherwise specifically provided by law, such unclaimed body or
bodies to the Anatomical Board’s agent and permit the Board or its
agents to take and remove all such unclaimed bodies to be used for
the advancement of medical and anatomical sciences. The Anatomical
Board or the Board’s agent may accept or decline such unclaimed
bodies, but no such body shall be delivered if:
1. any relative, by blood or marriage, has previously claimed
the body for burial or cremation at the expense of such relative, in
which event the body shall be surrendered to the claimant for burial
or cremation;
2. any government official is authorized pursuant to statutory
law of this state to bury or cremate such body; or
3. any representative of a fraternal society of which the
deceased was a member, representative of a charitable organization,
or friend of the deceased has claimed the body for burial prior to
delivery to the Board’s agent. In such event, the burial shall be at
the expense of the fraternal society, charitable organization,
friend, institution or official.
Added by Laws 1935, p. 57, § 2, emerg. eff. April 16, 1935. Amended
by Laws 1982, c. 97, § 2, operative Oct. 1, 1982; Laws 1986, c. 9, §
2, eff. Nov. 1, 1986; Laws 2006, c. 114, § 2, eff. Nov. 1, 2006.
§63-93. Autopsies - Request of chief medical examiner or district
attorney or consent of Anatomical Board required.
It is unlawful for any person or persons to perform an autopsy on
any dead human body mentioned in this article, except at the request
of the Chief Medical Examiner or a district attorney of the county
where such body is located, without the written, telegraphic or
telephonic consent of the executive director of the Anatomical Board,
or the Board’s agent. Such telegraphic or telephonic consent shall
be verified by written consent.
Added by Laws 1935, p. 58, § 3, emerg. eff. April 16, 1935; Laws
2006, c. 114, § 3, eff. Nov. 1, 2006.
§63-94. Board to receive unclaimed or donated bodies - Board
approval to donees - Distribution.
A. The Anatomical Board of the State of Oklahoma, or its duly
authorized agent, shall take and receive such unclaimed or donated
bodies and distribute them on requisition to and among institutions
to be used for anatomical purposes as approved by the Anatomical
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Board. Unclaimed bodies shall be held for thirty (30) days before
being issued for use.
B. Any donee receiving a whole body donation from any source
shall have approval from the Board prior to receiving such donation.
C. Should the number of bodies available exceed the needs of
authorized institutions in this state, excess bodies which would
otherwise qualify for anatomical purposes in this state may be issued
to authorized institutions in other states.
Added by Laws 1935, p. 59, § 4, emerg. eff. April 16, 1935. Amended
by Laws 1976, c. 126, § 2, emerg. eff. May 18, 1976; Laws 1989, c.
163, § 2, emerg. eff. May 8, 1989; Laws 2006, c. 114, § 4, eff. Nov.
1, 2006.
§63-95. Surrender of body when claimed.
After an unclaimed body has been received by the Anatomical
Board’s agent, and has been preserved and stored, the body may be
claimed within thirty (30) days after death, by relatives, friends,
fraternal or charitable organizations, for burial or cremation, at
the expense of the claimant, and the body shall thereupon be
surrendered to such claimant. If a body is claimed for burial or
cremation, whether by a private person, organization or a county, and
the body was embalmed at the expense of the agent, the claimant shall
reimburse the agent for the cost of embalming and transportation.
Added by Laws 1935, p. 59, § 5, emerg. eff. April 16, 1935. Amended
by Laws 1976, c. 126, § 3, emerg. eff. May 18, 1976; Laws 2006, c.
114, § 5, eff. Nov. 1, 2006.
§63-96. Authority to dissect, operate or experiment on dead bodies -
Record of bodies received.
Any and all schools, colleges, and persons who may be designated
by the Anatomical Board shall be, and are, authorized to dissect,
operate upon, examine and experiment upon bodies distributed to them
by the Board’s agent and no others. Such dissections, operations,
examinations and experiments shall not be considered as amenable
under any already existing laws for the prevention of mutilation of
dead human bodies. Such persons, schools or colleges shall keep a
record, sufficient for identification, of each body received from the
Anatomical Board or agent. The record shall be subject to inspection
by the Board or its authorized officer or agent.
Added by Laws 1935, p. 59, § 6, emerg. eff. April 16, 1935. Amended
by Laws 1976, c. 126, § 4, emerg. eff. May 18, 1976; Laws 2006, c.
114, § 6, eff. Nov. 1, 2006.
§63-97. Cremation of bodies after scientific study completed.
After the institutions within the State of Oklahoma to whom the
bodies have been distributed have completed the scientific study of
the bodies, the remains thereof shall in every case be returned to
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the Anatomical Board for final disposition by cremation. Bodies sent
to other states shall be individually cremated in that state. The
cremains shall be returned to the agent issuing the body.
Added by Laws 935, p. 59, § 7, emerg. eff. April 16, 1935. Amended
by Laws 1976, c. 126, § 5, emerg. eff. May 18, 1976; Laws 2006, c.
114, § 7, eff. Nov. 1, 2006.
§63-98. Expense of delivery or distribution of unclaimed body.
No county, municipality, officer, agent or servant thereof, shall
incur any expense by reason of the delivery or distribution of any
such body. All expenses for the storage, distribution or any other
related services involved in the use of the bodies shall be borne by
those institutions receiving and using the bodies. The Board’s agent
shall direct the payment into, and disbursements from an appropriate
account for such activity at the agent’s institution.
Added by Laws 1935, p. 59, § 8, emerg. eff. April 16, 1935. Amended
by Laws 1957, p. 19, § 3, emerg. eff. June 1, 1957; Laws 1976, c.
126, § 6, emerg. eff. May 18, 1976; Laws 2006, c. 114, § 8, eff.
Nov. 1, 2006.
§63-98.1. Repealed by Laws 2006, c. 114, § 9, eff. Nov. 1, 2006.
§63-99. Neglect to perform duties - Punishment.
Any person having duties enjoined upon him by the provisions of
this act, who shall neglect, refuse or omit to perform the same as
hereby required shall be deemed guilty of a misdemeanor and shall on
conviction thereof, be liable to a fine of not less than Fifty
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for
each offense.
Laws 1935, p. 59, § 9.
§63-100. Effect of partial unconstitutionality.
The Legislature declares that if any portion of this act is
determined to be unconstitutional, it would nevertheless have enacted
all of the remaining portion of this act, and no such decision shall
invalidate the entire act.
Laws 1935, p. 59, § 10.
§63-101. Shipment of dead body.
No railroad or other common carrier shall receive for shipment to
any point within the state or to any point outside the state the body
of a deceased person unless there is attached to the shipping case,
in a strong envelope, a burial-transit permit duly issued and signed
by the Chief Medical Examiner.
R.L.1910, § 6815. Amended by Laws 1951, p. 171, § 3; Laws 2013, c.
152, § 1, eff. Nov. 1, 2013.
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§63-102. Violation by agent of railroad.
Any agent, or employee, or officer of any railroad, or
transportation company, violating any of the provisions of this
article, shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined in a sum of not less than Twenty-five Dollars
($25.00), nor more than One Hundred Dollars ($100.00), or confined in
the county jail for a period of not less than thirty (30) days nor
more than ninety (90) days.
R.L.1910, § 6817.
§63-103. Post mortem caesarian section - Right to perform -
Nonliability of physician and hospital.
It shall be lawful for a physician, legally qualified to practice
in the State of Oklahoma, to perform a post mortem caesarian section
upon any female who is the victim of accidental death, who at the
time of said death, is in the advanced stages of pregnancy and where
said physician has reason to believe, following immediate and due
examination, that said child is viable in the mother. In the
performance of a caesarian section, under such circumstances, the
physician and the institution or hospital where such operation is
performed, shall not be liable, either civilly or criminally, though
performed without the consent by those in whom the law has recognized
a legal right of the possession of the body of the deceased, provided
the operation be performed in good faith and with due skill and
without unnecessary injury or mutilation. Provided, however, said
operation shall not be performed over the protest of those in whom
the law has recognized a legal right to the possession of the body of
the said deceased.
Added by Laws 1943, p. 134, § 1.
§63-104. Nonliability of physician for failure to perform.
Failure on the part of the physician, under such circumstances,
to perform a caesarian operation shall not subject said physician to
criminal liability, if in his opinion after due examination, the
child is not viable at the time of the death of the female, while in
the advanced stages of pregnancy.
Laws 1943, p. 134, § 2.
§63-109. Anatomical Donor Program Registration Act.
A. This section shall be known and may be cited as the
"Anatomical Donor Program Registration Act".
B. The State Anatomical Board shall register all anatomical
donor programs and non-transplant tissue banks in the state which
meet the requirements of the Anatomical Donor Program Registration
Act.
C. Before an anatomical donor program or a non-transplant tissue
bank may receive whole body or partial body donations from any person
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or entity inside or outside the state, the anatomical donor program
or non-transplant tissue bank shall register with the Board.
D. The Board shall specify the eligibility requirements for
registration as an anatomical donor program or non-transplant tissue
bank which, at a minimum, shall require such entities to be non-
profit organizations.
E. The Board shall prescribe rules of conduct governing the
practice of anatomical donor programs or non-transplant tissue banks
registered pursuant to the Anatomical Donor Program Registration Act.
F. In order to address persons or entities which violate the
provisions of the Anatomical Donor Program Registration Act or any
rules promulgated thereto, the Board may:
1. Deny the issuance of a registration or suspend, revoke, or
refuse to renew the registration of an anatomical donor program or
non-transplant tissue bank, provided, however, that the Board may
review, affirm, vacate, or modify a determination to deny, suspend,
revoke, or refuse registration if the anatomical donor program or
non-transplant tissue bank takes corrective actions;
2. Establish and administer administrative fines;
3. Initiate disciplinary or injunctive proceedings; and
4. Report alleged violations to the Attorney General or a
district attorney as appropriate for further investigation or
prosecution.
G. The Board shall report any violation it observes of the
Oklahoma Uniform Anatomical Gift Act to the State Department of
Health for further investigation and appropriate action.
H. The Board shall keep accurate and complete records of any
proceedings initiated under the Anatomical Donor Program Registration
Act.
I. The Board may issue a temporary registration to an anatomical
donor program or non-transplant tissue bank which was previously
registered but whose facilities were destroyed or damaged in order
that, when appropriate safeguards are in place, the anatomical donor
program or non-transplant tissue bank may continue to operate.
During the effective period of the temporary registration, the Board
may waive certain requirements if the anatomical donor program or
non-transplant tissue bank is making a good faith effort to rebuild
and restore its operations in order to meet all registration
requirements.
J. The Board may maintain an office or secure facilities as
deemed necessary by the Board in order to implement the Anatomical
Donor Program Registration Act.
K. The Board shall promulgate rules as necessary to implement
the provisions of the Anatomical Donor Program Registration Act.
Added by Laws 2012, c. 119, § 2, eff. Nov. 1, 2012.
§63-121.1. Definitions.
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A. For purposes of this chapter:
1. "Explosive" means any chemical compound or mechanical mixture
that is commonly used or which is intended for the purpose of
producing an explosion and which contains any oxidizing and
combustive units or other ingredients in such proportions,
quantities, or packing that an ignition by fire, by friction, by
concussion, by percussion, by chemical reaction, or by detonation of
any part of the compound or mixture may cause gaseous pressures
capable of producing destructive effects on contiguous objects or of
destroying life or limb. Provided, that dynamite, nitroglycerin,
gunpowder, blasting powder and trinitrotoluene shall be deemed
explosives without further proof of their explosive nature. The term
"explosive" shall also include all material which is classified as
explosive by the United States Department of Transportation. The
term "explosive" shall not include explosives in the forms prescribed
in the official UNITED STATES PHARMACOPOEIA; fireworks as defined by
Section 1622 of Title 68 of the Oklahoma Statutes; or small arms
ammunition and components therefor, which are subject to the Gun
Control Act of 1968 (Title 18, Chapter 44, U.S. Code) and regulations
promulgated thereunder;
2. "Blasting agent" means any material or mixture consisting of
a fuel and oxidizer, intended for blasting, not otherwise classified
as an explosive, provided that the finished product, as mixed and
packaged for use or shipment, cannot be detonated when unconfined by
means of a test blasting cap containing two (2) grams of a mixture
eighty percent (80%) mercury fulminate and twenty percent (20%)
potassium chlorate, or a cap of equivalent strength. The term
"blasting agent" shall not include explosives in the forms prescribed
in the official UNITED STATES PHARMACOPOEIA; fireworks as defined by
Section 1622 of Title 68 of the Oklahoma Statutes; or small arms
ammunition and components therefor, which are subject to the Gun
Control Act of 1968 (Title 18, Chapter 44, U.S. Code) and regulations
promulgated thereunder; and
3. "Person" means any individual, firm, copartnership,
corporation, company, association, joint stock association, and
includes any trustee, receiver, assignee or personal representative
thereof.
Added by Laws 1971, c. 302, § 1, operative July 1, 1971. Amended by
Laws 1992, c. 192, § 6, emerg. eff. May 11, 1992; Laws 1995, c. 344,
§ 1, eff. Nov. 1, 1995. Renumbered from § 141.1 of this title by
Laws 1995, c. 344, § 32, eff. Nov. 1, 1995.
§63-122.1. Short title.
The provisions of this part shall be known and may be cited as
the "Oklahoma Explosives and Blasting Regulation Act".
Added by Laws 1995, c. 344, § 2, eff. Nov. 1, 1995.
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§63-122.2. Jurisdictional areas of state agencies.
The provisions of this section specify the jurisdictional areas
of state agencies relating to the regulation of blasting and
explosives. Agencies regulating explosives and blasting are directed
to cooperate and coordinate with each other as necessary to carrying
out the duties required to regulate explosives. Agencies regulating
explosives may enter into interagency agreements with other state
agencies and law enforcement agencies of any political subdivision of
this state for the purpose of conducting investigations related to
the regulation of explosives or criminal activity. The
jurisdictional areas of responsibility specified in this section
shall be in addition to those otherwise provided by law and assigned
to the specific state agency as follows:
1. Department of Mines. The Department of Mines shall have the
following jurisdictional areas relating to the regulation of blasting
and explosives:
a. the use of explosives and blasting activities for
surface and nonsurface mining operations pursuant to
Title 45 of the Oklahoma Statutes,
b. except as otherwise provided by this part, the use of
explosives and blasting activities for nonmining
activities, and
c. except as otherwise provided by this part, the
regulation of the use of explosives or of blasting
activity not subject to the specific statutory
authority of another state agency;
2. State Fire Marshal. The State Fire Marshal shall have
regulatory jurisdictional responsibility relating to explosives as
follows:
a. the regulation of the manufacture, sale, transportation
for hire or storage of explosives or blasting agents
for resale pursuant to Division 2 of the Oklahoma
Explosives and Blasting Regulation Act,
b. the examination of buildings and premises and reporting
and orders authorized pursuant to Section 317 of Title
74 of the Oklahoma Statutes, and
c. licensure, regulation and enforcement of fire
extinguishers, pursuant to the Fire Extinguisher
Licensing Act;
3. The Department of Public Safety. The Department of Public
Safety shall have the regulatory jurisdictional responsibility
relating to explosives as follows:
a. the transportation of explosives or blasting agents
classified as hazardous materials pursuant to the
Oklahoma Motor Carrier Safety and Hazardous Materials
Transportation Act,
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b. the construction or making of any explosive or
explosive device not subject to specific regulatory
authority of another state agency,
c. the intentional storage of any materials which are
intended to be used to construct or make any explosive
or explosive device not subject to specific regulatory
authority of another state agency, and
d. the intentional use of any explosive or explosive
device in any manner not subject to specific regulatory
authority of another state agency.
Provided, nothing in this provision shall be construed to expand
jurisdiction of the Department of Public Safety to investigate any
crime occurring within the jurisdiction of another law enforcement
authority of any political subdivision of this state, and nothing
shall prohibit, limit, or restrict any law enforcement officer,
agency, or specialized law enforcement unit from investigating or
otherwise performing any duty or responsibility for crimes within
their respective jurisdiction relating to explosives, blasting
agents, or hazardous materials; and
4. Department of Environmental Quality. The Department of
Environmental Quality shall have jurisdictional responsibility
relating to the regulation and disposal of explosives or blasting
agents classified as solid or hazardous waste pursuant to the
Oklahoma Environmental Quality Code.
Added by Laws 1995, c. 344, § 3, eff. Nov. 1, 1995. Amended by Laws
2003, c. 168, § 5, eff. July 1, 2003; Laws 2013, c. 111, § 16, eff.
Nov. 1, 2013.
§63-123.1. Responsibility for administration, regulation and
enforcement of blasting operations or activities - Certification of
blasters.
A. Pursuant to the Oklahoma Explosives and Blasting Regulation
Act, except as otherwise provided by this part, the Department of
Mines shall be responsible for the administration, regulation and
enforcement of all blasting operations or activities, and the storage
and use of all blasting agents and explosives by any person, which is
not located within the area of a mining operation or site.
B. Except as otherwise provided by this part, it shall be
unlawful for any person to store or use any blasting agents or
explosives, or conduct, supervise or control a blasting operation in
this state without first complying with the provisions of the
Oklahoma Explosives and Blasting Regulation Act and rules promulgated
by the Oklahoma Mining Commission.
C. Except as otherwise required by this part, by January 1,
1996:
1. Any person performing blasting activity shall be certified as
a blaster by the Department of Mines;
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2. All blasting operations shall be conducted under the
direction of a certified blaster. Blaster certification may be
obtained from the Department upon application and proof of competency
as determined by rules of the Department; and
3. Before January 1, 1996, all blasting operations and
activities shall be conducted by competent, experienced persons who
understand the hazards involved.
D. Any blaster certification issued by the Department shall be
carried by the blaster or shall be on file at the blasting area
during blasting operations.
E. A blaster and at least one other person shall be present at
the firing of a blast.
Added by Laws 1995, c. 344, § 4, eff. Nov. 1, 1995.
§63-123.2. Permit to manufacture, store, or use explosives or
blasting agents - Records.
A. Except as otherwise provided by this part, it is a violation
to manufacture, store, or use explosives or blasting agents without
first obtaining a permit from the Department of Mines.
B. Permits issued under this division shall not be transferable,
and shall be readily available for inspection by representatives of
the Department and law enforcement officials.
C. The Department may place such restrictions and limitations on
permits as it deems necessary.
D. The Department may issue one-time or limited-time permits or
permits for continuous blasting operations.
E. 1. Permits for continuous blasting operations issued under
this division shall be valid for the calendar year after the date of
issue unless revoked or suspended. Permits for continuous blasting
operations may be renewed on each issuance date and a showing of
compliance with the Oklahoma Explosives and Blasting Regulation Act
and rules promulgated thereto.
2. Permits for one-time or limited-time permits shall be valid
only for the time specified in the permit.
F. Any person holding a permit issued under this division shall
keep such records as may be required by the Department. Records
shall be maintained for not less than two (2) years following the
year in which the record is made. All such records shall be open to
inspection by the Department or its representatives during normal
business hours.
Added by Laws 1995, c. 344, § 5, eff. Nov. 1, 1995.
§63-123.2A. Permit to purchase blasting agents or explosives.
A. No person shall purchase blasting agents or explosives in
this state without first obtaining a permit pursuant to the Oklahoma
Explosives and Blasting Regulation Act or without first obtaining
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written notification from the Department of Mines that the person is
exempt from this permit requirement.
B. Distributors or sellers of blasting agents or explosives
shall require presentation of either the permit or exemption
notification required in subsection A of this section before the sale
or transfer of blasting agents or explosives.
C. The Oklahoma Mining Commission shall promulgate rules to
implement this section.
Added by Laws 1997, c. 140, § 1, eff. July 1, 1997.
§63-123.3. Issuance, denial, suspension, or revocation of permits -
Hearings - Inspections - Injunctions.
The Department shall enforce the provisions of this division and
for such purposes shall:
1. Issue permits to applicants found by the Department, after
inspection and investigation, to be qualified for such permit under
the provisions of this division and the rules promulgated by the
Department;
2. Deny, suspend, or revoke permits upon a finding of
noncompliance or violation of the provisions of this division or of
the applicable rules of the Department;
3. Hold hearings upon the application of any person aggrieved by
any order of the Department with respect to the denial, suspension,
or revocation of any permit; and
4. Inspect, during normal business hours, any building,
structure, or premises subject to the provisions of this division,
and, upon the discovery of any violation of this division or the
applicable rules, issue such orders as are necessary for the safety
of workers and the public, and, in the case of imminent hazard or
emergency, apply for an injunction in the appropriate district court.
Added by Laws 1995, c. 344, § 6, eff. Nov. 1, 1995.
§63-123.4. Rules - Fees.
A. The Department of Mines shall promulgate the necessary rules
to implement the provisions of this Division. Rules promulgated by
the Department shall include but not be limited to requirements for
blasting plans, use of explosives, public notices, and records.
B. The Department of Mines may establish a schedule of fees to
be charged for applications for or issuance of new and renewed
certifications and permits required pursuant to this division. The
fees shall be subject to the following provisions:
1. The Department shall follow the procedures required by the
Administrative Procedures Act for promulgating rules in establishing
or amending any such schedule of fees;
2. The Department shall base its schedule of fees upon the
reasonable costs of operating the programs specified by this
division; and
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3. The fees authorized by this section shall not be implemented
by emergency rule but shall be adopted by permanent rules, which
shall be submitted to the Legislature for review pursuant to Section
308 of Title 75 of the Oklahoma Statutes prior to implementation.
Added by Laws 1995, c. 344, § 7, eff. Nov. 1, 1995.
§63-123.5. Violations - Penalties.
A. In the enforcement of the Oklahoma Explosives and Blasting
Regulation Act pursuant to this division, any person who violates any
permit condition or who violates any other provision of the Oklahoma
Explosives and Blasting Regulation Act or rules promulgated thereto
pursuant to this division may be assessed an administrative penalty
by the Department. Such penalty shall not exceed Five Thousand
Dollars ($5,000.00) for each violation. Each day of continuing
violation may be deemed a separate violation for purposes of penalty
assessments. In determining the amount of the penalty, consideration
shall be given to the person's history of previous violations
regarding explosives and blasting operation; the seriousness of the
violation, including any irreparable harm to the environment and any
hazard to the health or safety of the public; whether the person was
negligent; and the demonstrated good faith of the person charged in
attempting to achieve rapid compliance after notification of the
violation.
B. An administrative penalty shall be assessed by the Department
only after the person charged with a violation described under
subsection A of this section has been given an opportunity for a
hearing pursuant to Article II of the Administrative Procedures Act.
Where such a hearing has been held, the Department shall make
findings of fact, and shall issue a written decision as to the
occurrence of the violation and the amount of the penalty which is
warranted, incorporating, when appropriate, an order therein
requiring that the penalty be paid. When appropriate, the Department
shall consolidate such hearings with other proceedings under the
Oklahoma Explosives and Blasting Regulation Act. Any hearing under
this section shall be of record. Where the person charged with such
a violation fails to avail himself of the opportunity for a hearing,
an administrative penalty shall be assessed by the Department after
determining that a violation did occur, and the amount of the penalty
which is warranted, and issuing an order requiring that the penalty
be paid.
C. Upon the issuance of a notice or order charging that a
violation of the Oklahoma Explosives and Blasting Regulation Act has
occurred, the Department shall inform the operator within thirty (30)
days of the proposed amount of said penalty. The person charged with
the penalty shall then have thirty (30) days to pay the proposed
penalty in full or, if the person wishes to contest either the amount
of the penalty or the fact of the violation, forward the proposed
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amount to the Department for placement in an escrow account. If
through administrative or judicial review of the proposed penalty, it
is determined that no violation occurred, or that the amount of the
penalty should be reduced, the Department shall within thirty (30)
days remit the appropriate amount to the person.
D. Administrative penalties owed under the Oklahoma Explosives
and Blasting Regulation Act may be recovered in a civil action
brought by the Attorney General or any district attorney in the
district in which the violation occurred at the request of the
Department in the appropriate district court. Such action, also, may
be brought by the Department.
E. Any person who willfully and knowingly violates a condition
of a permit issued pursuant to this division or fails or refuses to
comply with any order issued under this division, or any order
incorporated in a final decision issued by the Department under this
division, shall, upon conviction, be punished by a fine of not more
than Ten Thousand Dollars ($10,000.00) or by imprisonment for not
more than one (1) year, or both.
F. Whenever a corporate permittee violates a condition of a
permit issued pursuant to this division or fails or refuses to comply
with any order issued under this division, or any order incorporated
in a final decision issued by the Executive Director of the
Department of Mines under this division, any director, officer or
agent of such corporation who willfully and knowingly authorized,
ordered or carried out such violation, failure or refusal shall be
subject to the same administrative penalties, fines and imprisonment
that may be imposed upon a person under subsections A and E of this
section.
G. Whoever knowingly makes any false statement, representation
or certification, or knowingly fails to make any statement,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant to
this division or any order of decision issued by the Department under
this division, shall, upon conviction, be punished by a fine of not
more than Ten Thousand Dollars ($10,000.00) or by imprisonment for
not more than one (1) year, or both.
H. Any person who fails to correct a violation for which a
citation has been issued within the period permitted for its
correction shall be assessed an administrative penalty of not less
than Seven Hundred Fifty Dollars ($750.00) for each day during which
such failure or violation continues.
The period permitted for corrections of violations shall not end
until:
1. The entry of a final order by the Department after an
expedited hearing which ordered the suspension of the abatement
requirements of the citation because it was determined that the
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person will suffer irreparable loss or damage from the application of
the abatement requirements; or
2. The entry of an order by a court in any review proceedings
initiated by the person in which the court orders the suspension of
the abatement requirements.
I. Any person who shall, except as permitted by law, willfully
resist, prevent, impede or interfere with the Department or any of
the agents or employees thereof in the performance of duties pursuant
to this division shall, upon conviction, be punished by a fine of not
more than Five Thousand Dollars ($5,000.00), or by imprisonment for
not more than one (1) year, or both.
Added by Laws 1995, c. 344, § 8, eff. Nov. 1, 1995.
§63-123.6. Provisions cumulative to other laws and ordinances.
The provisions of this part shall be in addition to any other
state or federal laws or municipal ordinances regulating explosives,
blasting agents or similar devices. Each person shall comply with
all applicable state and federal laws and regulations and municipal
ordinances for the storage, manufacture, transportation and the use
of explosives or blasting agents.
Added by Laws 1995, c. 344, § 9, eff. Nov. 1, 1995.
§63-123.7. Deposit of monies.
Any fees, administrative penalties or any other monies obtained
by the Department of Mines pursuant to the Oklahoma Explosives and
Blasting Regulation Act shall be deposited in the Department of Mines
Revolving Fund and shall be expended by the Department of Mines for
implementation and enforcement of this part or as otherwise deemed
necessary by the Department for complying with its responsibilities
and duties according to law.
Added by Laws 1995, c. 344, § 10, eff. Nov. 1, 1995.
§63-123.8. Exemptions.
A. 1. The provisions of the Oklahoma Explosives and Blasting
Regulation Act shall not apply to:
a. persons engaged in shooting wells or seismographic
operations for the purpose of oil or gas production,
b. mining operations regulated by Title 45 of the Oklahoma
Statutes, and
c. persons using explosives or blasting agents for
noncommercial use on their own land, owned in fee or by
contract, for the removal of trees, rocks and dams or
for other normal agricultural purposes.
2. Any person exempted from the provisions of the Oklahoma
Explosives and Blasting Regulation Act pursuant to this subsection
shall be liable for all damages caused by the use of explosives, or
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blasting agents and blasting operations, which damages shall be
recoverable in any court of competent jurisdiction.
B. In addition, the provisions of the Oklahoma Explosives and
Blasting Regulation Act shall not apply to:
1. Any municipalities or counties in this state using any
blasting agents, explosives or conducting, supervising or controlling
a blasting operation in this state. Any such municipality or county
shall comply with rules promulgated by the Oklahoma Mining
Commission;
2. The Department of Transportation in the conducting,
supervision or controlling of any blasting operation in this state,
provided the Department shall comply with rules promulgated by the
Oklahoma Mining Commission; and
3. Duly qualified and certified bomb technicians of a federally
accredited bomb squad of municipal, county, state, and federal law
enforcement agencies for the transportation, storage or disposal of
any explosive chemical, compound or device, when such technician is
performing responsibilities for the preservation of public peace,
safety, or criminal investigation.
4. Any employee of the Oklahoma Department of Agriculture, Food,
and Forestry and the United States Department of Agriculture, Animal
and Plant Health Inspection Service, Wildlife Services who is trained
and certified by the United States Department of Agriculture in the
safe handling and use of explosive materials in the course of the
official duties of the employee.
Added by Laws 1995, c. 344, § 11, eff. Nov. 1, 1995. Amended by Laws
2003, c. 168, § 6, eff. July 1, 2003; Laws 2007, c. 58, § 1, eff.
Nov. 1, 2007.
§63-124. Renumbered as § 128.1 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-124.1. Administration and enforcement - Personnel.
The State Fire Marshal Commission shall:
1. Promulgate rules for the administration and enforcement of
this division;
2. Administer the provisions hereof, pursuant to said rules; and
3. Employ such agents and clerical help as may be necessary for
such purpose.
Added by Laws 1971, c. 302, § 2, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 12, eff. Nov. 1, 1995. Renumbered from § 141.2
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.2. Federal rules or regulations to govern.
Any rule or regulation promulgated by a duly authorized federal
department, bureau, or agency shall supersede any rule promulgated
under this division.
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Added by Laws 1971, c. 302, § 3, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 13, eff. Nov. 1, 1995. Renumbered from § 141.3
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.3. Permits - Information required.
A. No person shall manufacture, sell, transport for hire, or
store for resale explosives or blasting agents without first
obtaining a permit to engage in such activity from the State Fire
Marshal; provided, however, the State Fire Marshal shall waive the
state permit requirement where a valid federal license or permit has
been issued.
B. Explosives or blasting agents shall not be sold, given,
delivered or transferred to any person who does not furnish the
information required in subsection C of this section.
C. It shall be unlawful for any person to purchase, receive or
obtain explosives or blasting agents without first furnishing to the
seller or distributor the following information: a statement of
intended use, name, date, quantity, social security number or
taxpayer identification number, and place of residence of any natural
person to whom explosives or blasting agents are distributed. If
explosives or blasting agents are sold or distributed to a
corporation or other entity, such information shall include the
identity and principal and local places of business, statement of
intended use, quantity, date, name, social security number, and place
of residence of the natural person acting as agent of the corporation
or other entity in arranging the purchase or distribution.
D. An application for a permit under this division shall be
accompanied by the payment of a fee in the amount of Ten Dollars
($10.00).
E. All state, county and city agencies that use explosives and
blasting agents shall furnish the information required in subsection
C of this section.
F. Permits shall be valid for the calendar year in which issued,
unless sooner revoked or suspended, and may be renewed annually on
January 1 upon the payment of the required fee.
G. It shall be unlawful for any person to possess or use
explosives or blasting agents unless such person can furnish proof of
compliance with the provisions of this division.
Added by Laws 1971, c. 302, § 4, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 14, eff. Nov. 1, 1995. Renumbered from § 141.4
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.4. Disposition of permit fees.
All monies derived from the sale of permits as specified in this
division shall be transferred to the State Treasurer of the State of
Oklahoma, to be placed to the credit of the "General Revenue Fund".
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Added by Laws 1971, c. 302, § 5, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 15, eff. Nov. 1, 1995. Renumbered from § 141.5
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.5. Records.
Every person permitted pursuant to the provisions of this
division, including those holding federal licenses or permits, shall
keep such records as may be required by the State Fire Marshal.
Records shall be maintained for a period of not less than five (5)
years following the year in which the record is made. All such
records shall be open to inspection by the State Fire Marshal and his
assistants during normal business hours.
Added by Laws 1971, c. 302, § 6, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 16, eff. Nov. 1, 1995. Renumbered from § 141.6
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.6. Inspection of premises.
The Fire Marshal and any assistants of the Fire Marshal may,
during normal business hours, inspect any building, structure or
premises of any person subject to the provisions of this division,
and shall, upon the discovery of any violation of this division or
rules promulgated hereunder, issue such orders as are necessary for
the safety of occupants and the public.
Added by Laws 1971, c. 302, § 7, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 17, eff. Nov. 1, 1995. Renumbered from § 141.7
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.7. Denial, revocation or suspension of permit.
Any violation of this division or the rules promulgated hereunder
shall constitute grounds for the denial, revocation or suspension of
a permit by the State Fire Marshal as deemed appropriate by the State
Fire Marshal.
Added by Laws 1971, c. 302, § 8, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 18, eff. Nov. 1, 1995. Renumbered from § 141.8
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-124.8. Responsibility of permit holders - Penalties.
A. Any firm, corporation, company or partnership shall ensure
that all personnel, field crews, magazine attendants, truck drivers,
supervisors and superintendents are fully conversant with all
provisions of this division and the rules promulgated hereunder. The
permit holder shall be responsible for violations committed by
employees working under the company or corporation permit.
B. Any person violating any of the provisions of this division
or any rules or regulations made thereunder shall be guilty of a
felony and shall be punished by a fine of not more than Five Thousand
Dollars ($5,000.00) or by imprisonment for not more than five (5)
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years, or by both such fine and imprisonment. If such violation was
committed with the knowledge or intent that any explosive or blasting
agent involved was to be used to kill, injure or intimidate any
person or unlawfully to damage any real or personal property, the
person or persons committing such violations, upon conviction, shall
be guilty of a felony and shall be punished by a fine of not more
than Ten Thousand Dollars ($10,000.00) or imprisoned for not more
than ten (10) years, or both. If in a case involving such knowledge
or intent personal injury results, such person shall be imprisoned
for not more than twenty (20) years, or fined not more than Twenty
Thousand Dollars ($20,000.00), or both; and if death results such
person shall be subject to imprisonment for any term of years or for
life.
Added by Laws 1971, c. 302, § 9, operative July 1, 1971. Amended by
Laws 1995, c. 344, § 19, eff. Nov. 1, 1995. Renumbered from § 141.9
of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
§63-125. Renumbered as § 128.2 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-126. Renumbered as § 128.3 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-127. Renumbered as § 128.4 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-128. Renumbered as § 128.5 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-128.1. Transporting vehicles to be labeled.
Except as otherwise regulated by federal law, every vehicle
carrying or transporting nitroglycerine in this state shall have
conspicuously marked thereon in letters not less than six (6) inches
in height on each side and the rear of such vehicle, the words
"Nitroglycerine - Dangerous."
R.L. 1910, § 6972. Amended by Laws 1995, c. 344, § 20, eff. Nov. 1,
1995. Renumbered from § 124 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-128.2. Storage of explosives.
Nothing in this part shall be held to apply to persons,
partnerships or corporations who store not to exceed twenty-five (25)
pounds of said explosives, except nitroglycerine, in any one place at
any one time, nor to the manufacturing or storing of drugs: Provided,
however, that for good cause shown, the Chief Mine Inspector or
deputy may issue a permit for temporary storage of any of said
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explosives, except nitroglycerine, not exceeding five hundred (500)
pounds.
R.L. 1910, § 6973. Amended by Laws 1995, c. 344, § 21, eff. Nov. 1,
1995. Renumbered from § 125 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-128.3. Penalty for violation of §§ 128.1 and 128.2.
Whoever, either as principal, agent, servant, or employee of such
person, partnership, or corporation violates any of the provisions of
Sections 20 and 21 of this act, or fails to procure a valid
certificate from the Chief State Mine Inspector, as herein provided,
shall be fined not less than Fifty Dollars ($50.00) nor more than Two
Thousand Dollars ($2,000.00).
R.L. 1910, § 6974. Amended by Laws 1995, c. 344, § 22, eff. Nov. 1,
1995. Renumbered from § 126 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-128.4. Transportation of nitroglycerine in or near city, town or
village.
It shall be unlawful for any person, partnership, or corporation
to haul, transport or cause to be hauled or transported in any
manner, any nitroglycerin over, across, or upon any street, alley or
highway of any city, town or village, or any highway or lands within
one-fourth (1/4) mile of any city, town or village within this state.
Added by Laws 1919, c. 246, p. 347, § 1. Amended by Laws 1995, c.
344, § 23, eff. Nov. 1, 1995. Renumbered from § 127 of this title by
Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
§63-128.5. Shooting wells within limits.
If it becomes necessary to shoot a well located within any city,
town or village or within the prohibited distance prescribed herein,
before such well is shot or any nitroglycerin is taken within any
city, town or village or within the prohibited distance herein
prescribed, permission to take a sufficient amount of nitroglycerin
to shoot said well must first be obtained from the mayor, city
council, manager or board of trustees of such city, town or village
where said well is to be shot.
Added by Laws 1919, c. 246, p. 347, § 2. Amended by Laws 1995, c.
344, § 24, eff. Nov. 1, 1995. Renumbered from § 128 of this title by
Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
§63-128.6. Penalty for violation of §§ 128.4 and 128.5.
Any person, partnership or corporation violating any of the
provisions of Sections 23 and 24 of this act shall be fined not less
than Two Hundred Dollars ($200.00) nor more than Five Thousand
Dollars ($5,000.00) or by imprisonment in the county jail for a term
not exceeding twelve (12) months nor less than sixty (60) days.
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Added by Laws 1919, c. 246, p. 347, § 4. Amended by Laws 1995, c.
344, § 25, eff. Nov. 1, 1995. Renumbered from § 130 of this title by
Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
§63-128.7. Authority of officers.
Any municipal, county or state law enforcement officer within
this state shall have the right to arrest any person for the
violation of any of the provisions of this part.
Added by Laws 1919, c. 246, p. 347, § 3. Amended by Laws 1995, c.
344, § 26, eff. Nov. 1, 1995. Renumbered from § 129 of this title by
Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
§63-129. Renumbered as § 128.7 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-130. Renumbered as § 128.6 of this title by Laws 1995, c. 344, §
34, eff. Nov. 1, 1995.
§63-131. Gasoline kept in red tanks.
All grocers, druggists, and all other vendors of gasoline in
quantities of one hundred fifty (150) gallons and less are hereby
required to put all gasoline by them hereafter kept for sale, or
sold, in a red can, tank, barrel or other receptacle, which
receptacle shall be labeled "Gasoline," and vendors of kerosene in
quantities of two hundred fifty gallons or less shall not put
kerosene in any can, tank, barrel or other receptacle painted red:
Provided, that all dealers shall be required to keep for use and
shall place all gasoline by them sold in red cans or other
receptacles.
R.L.1910, § 6975.
§63-132. Penalty for violations - Civil liability.
Any grocer, druggist, or other person who shall be convicted of a
violation of the provisions of the preceding section, shall be deemed
guilty of a misdemeanor and shall be fined not less than Ten Dollars
($10.00) nor more than Fifty Dollars ($50.00), and shall in addition
thereto be liable in damages in civil suit for any damage resulting
from a violation of the preceding section.
R.L.1910, § 6976.
§63-134. Renumbered as § 36 of Title 25 by Laws 1995, c. 344, § 36,
eff. Nov. 1, 1995.
§63-135. Repealed by Laws 1990, c. 252, § 14, operative July 1,
1990.
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§63-136. Repealed by Laws 1990, c. 252, § 14, operative July 1,
1990.
§63-137. Repealed by Laws 1990, c. 252, § 14, operative July 1,
1990.
§63-141.1. Renumbered as § 121.1 of this title by Laws 1995, c. 344,
§ 32, eff. Nov. 1, 1995.
§63-141.2. Renumbered as § 124.1 of this title by Laws 1995, c. 344,
§ 33, eff. Nov. 1, 1995.
§63-141.3. Renumbered as § 124.2 of this title by Laws 1995, c. 344,
§ 33, eff. Nov. 1, 1995.
§63-141.4. Renumbered as § 124.3 of this title by Laws 1995, c. 344,
§ 33, eff. Nov. 1, 1995.
§63-141.5. Renumbered as § 124.4 of this title by Laws 1995, c. 344,
§ 33, eff. Nov. 1, 1995.
§63-141.6. Renumbered as § 124.5 of this title by Laws 1995, c. 344,
§ 33, eff. Nov. 1, 1995.
§63-141.7. Renumbered as § 124.6 of this title by Laws 1995, c. 344,
§ 33, eff. Nov. 1, 1995.
§63-141.8. Renumbered as § 124.7 of this title by Laws 1995, c. 344,
§ 33, eff. Nov. 1, 1995.
§63-141.9. Renumbered as § 124.8 of this title by Laws 1995, c. 344,
§ 33, eff. Nov. 1, 1995.
§63-142.1. Short title.
This act shall be known and may be cited as the "Oklahoma
Underground Facilities Damage Prevention Act".
Laws 1981, c. 94, § 1, eff. Jan. 1, 1982.
§63-142.2. Definitions.
As used in the Oklahoma Underground Facilities Damage Prevention
Act:
1. "Certified project" means a project where the public agency
responsible for the public project, as part of its procedure,
certifies that the project right-of-way is free and clear of
underground facilities or wherein the public agency responsible for
such project, as part of its procedure, notifies all persons
determined by the public agency to have underground facilities
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located within the construction right-of-way and certifies that all
known underground facilities are duly located or noted on the
engineering drawings for the project;
2. "Damage" means any impact upon or removal of support from an
underground facility as a result of explosion, excavation or
demolition which according to the operating practices of the operator
of the underground facilities would necessitate the repair thereof;
3. "Demolish" means to wreck, raze, render, move or remove a
structure by means of any equipment or explosive;
4. "Demolition" means the act or operation of demolishing a
structure;
5. "Excavate" means to dig, compress or remove earth, rock or
other materials in or on the ground by use of mechanized equipment or
blasting, including, but not necessarily limited to, augering,
boring, backfilling, drilling, grading, pile driving, plowing in,
pulling in, trenching, tunneling and plowing; provided, however, that
neither:
a. the moving of earth by tools manipulated only by human
or animal power, except in a private or public easement
or right-of-way, nor
b. any form of cultivation for agricultural purposes, nor
any augering, dozing by noncommercial dozer operators
or digging for postholes, farm ponds, land clearing or
other normal agricultural purposes, nor
c. routine maintenance, nor
d. work by a public agency or its contractors on a
preengineered project, nor
e. work on a certified project, nor
f. work on a permitted project, nor
g. the opening of a grave in a cemetery, nor
h. a solid waste disposal site which is a preengineered
project, nor
i. any individual excavating on his or her own property
and who is not in the excavating business for hire,
except in a private or public easement or right-of-way,
shall be deemed excavation;
6. "Excavation" means the act or operation of excavating;
7. "Excavator" means a person or public agency that intends to
excavate or demolish within the State of Oklahoma;
8. "Notification center" means the statewide center currently
known as the Oklahoma One-Call System, Inc., which has as one of its
purposes to receive notification of planned excavation and demolition
in a specified area from excavators, and to disseminate such
notification of planned excavation or demolition to operators who are
members and participants;
9. "Operator" shall mean and include any person or public agency
owning or operating underground facilities;
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10. "Permitted project" means a project where a permit for the
work to be performed must be issued by a state or federal agency and,
as a prerequisite to receiving such permit, the applicant must locate
all underground facilities in the area of the work and in the
vicinity of any blasting and notify each owner of such underground
facilities;
11. "Person" includes any individual, partnership, corporation,
association, cooperative, trust or other entity, including a person
engaged as a contractor by a public agency, but not including a
public agency;
12. "Preengineered project" means a public project wherein the
public agency responsible for such project, as part of its
engineering and contract procedures, holds a meeting prior to the
commencement of any construction work on such project in which all
persons, determined by the public agency to have underground
facilities located within the construction area of the project, are
invited to attend and given an opportunity to verify or inform the
public agency of the location of their underground facilities, if
any, within the construction area and where the location of all known
underground facilities are duly located or noted on the engineering
drawing and specifications for the project;
13. "Public agency" means the state or any board, commission or
agency of the state;
14. "Routine maintenance" means the grading of roads and barrow
or drainage ditches, the removal and replacement of pavement,
including excavation relating thereto and the installation and
maintenance of drainage and bridge facilities, signs, guardrails, and
electrical and communications facilities in or on the public rights-
of-way by a public agency; and
15. "Underground facility" means any underground line, cable,
facility, system and appurtenances thereto, for producing, storing,
conveying, transmitting or distributing communication (including
voice, video, or data information), electricity, power, light, heat,
intrastate and interstate gas pipelines, as described in 49 CFR Part
192.1, intrastate and interstate hazardous liquid or carbon dioxide
pipelines, as described in 49 CFR Part 195.1, water (including storm
water), steam, sewage and other commodities and any oil and gas
pipeline located in a public right-of-way.
Added by Laws 1981, c. 94, § 2, eff. Jan. 1, 1982. Amended by Laws
1995, c. 344, § 27, eff. Nov. 1, 1995; Laws 2002, c. 412, § 1, eff.
July 1, 2002; Laws 2003, c. 362, § 1, eff. Nov. 1, 2003; Laws 2004,
c. 427, § 1, emerg. eff. June 4, 2004; Laws 2017, c. 192, § 1, eff.
Nov. 1, 2017; Laws 2018, c. 136, § 1, eff. Nov. 1, 2018; Laws 2019,
c. 148, § 1, eff. Nov. 1, 2019.
§63-142.3. Filing of notice - Participation by municipality in
statewide one-call notification center.
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All operators of underground facilities shall participate in the
statewide one-call notification center and shall have on file with
the notification center a notice that such operator has underground
facilities, the county or counties where such facilities are located,
and the address and telephone number of the person or persons from
whom information about such underground facilities may be obtained.
A municipality shall participate in the statewide one-call
notification center as provided for in this section.
Added by Laws 1981, c. 94, § 3, eff. Jan. 1, 1982. Amended by Laws
1992, c. 25, § 1, emerg. eff. March 30, 1992; Laws 2003, c. 362, § 2,
eff. Nov. 1, 2003; Laws 2016, c. 151, § 1, eff. Nov. 1, 2016.
§63-142.4. Filing fees.
A. As provided for in this section, the notification center
shall charge and collect fees from operators filing notices pursuant
to Section 142.3 of this title, except for rural water districts
which have less than one thousand one hundred meters and
municipalities which have a population of less than three thousand
(3,000).
B. Upon the initial filing of a notice or statement and annually
thereafter, a fee shall be collected in a manner as provided for in
Section 142.10 of this title. The fee shall be due and payable on
January 1 of each year. Failure to pay such fee on or before
February 1 of such year shall result in the filing being void and the
notification center shall remove such operator from the list of
operators having underground facilities in the county. Such operator
may thereafter file again pursuant to this act, but only upon payment
to the notification center of the above-specified initial filing fee
and an additional late filing fee of Fifty Dollars ($50.00).
C. The notification center shall maintain a current list of all
operators on file pursuant to this act and shall make copies of such
list available upon payment of the appropriate fees.
Added by Laws 1981, c. 94, § 4, eff. Jan. 1, 1982. Amended by Laws
2003, c. 362, § 3, eff. Nov. 1, 2003.
§63-142.5. Certain excavations, demolitions and explosions
prohibited near certain facilities.
No excavator shall demolish a structure, discharge an explosive
or commence to excavate in a highway, street, alley or other public
ground or way, a private easement, or on or near the location of the
facilities of an operator without first complying with the
requirements of the Underground Facilities Damage Prevention Act and
the Oklahoma Explosives and Blasting Regulation Act.
Added by Laws 1981, c. 94, § 5, eff. Jan. 1, 1982. Amended by Laws
1995, c. 344, § 28, eff. Nov. 1, 1995.
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§63-142.6. Notice of proposed demolition, explosion or excavation -
Marking or providing location of facilities - Emergencies.
A. Before an excavator shall demolish a structure, discharge any
explosive or commence to excavate in a highway, street, alley or
other public ground or way, on or near the location of an operator's
underground facilities, or a private easement, such excavator shall
first notify all operators in the geographic area defined by the
notification center who have on file with the notification center a
notice pursuant to Section 142.3 of this title to determine whether
any operators have underground facilities in or near the proposed
area of excavation or demolition. When an excavator has knowledge
that an operator does not have underground facilities within the area
of the proposed excavation, the excavator need not notify the
operator of the proposed excavation. However, an excavator shall be
responsible for damage to the underground facilities of an operator
if the notification center was not notified. Notice shall be given
no more than ten (10) days nor less than forty-eight (48) hours,
excluding the date of notification, Saturdays, Sundays and legal
holidays, prior to the commencement of the excavation or demolition.
B. Each operator served with notice in accordance with
subsection A of this section either directly or by notice to the
notification center shall, prior to the date and time work is
scheduled to begin, unless otherwise agreed to between the excavator
and operator, locate and mark or otherwise provide the approximate
location of the underground facilities of the operator in a manner as
to enable the excavator to employ hand-dug test holes to determine
the precise location of the underground facilities in advance of
excavation. For the purpose of this act, the approximate location of
the underground facilities shall be defined as a strip of land two
(2) feet on either side of such underground facilities. Whenever an
operator is served with notice of an excavation or demolition and
determines that the operator does not have underground facilities
located within the proposed area of excavation or demolition, the
operator shall communicate this information to the excavator
originating the notice prior to the commencement of such excavation
or demolition.
C. The only exception to subsection A of this section shall be
when an emergency exists that endangers life, health or property.
Under these conditions, excavation operations may begin immediately,
providing reasonable precautions are taken to protect underground
facilities. All operators of underground facilities within the area
of the emergency must be notified promptly when an emergency requires
excavation prior to the location of the underground facilities being
marked.
D. Every notice given by an excavator to an operator pursuant to
this section or to the notification center pursuant to Section 142.3
of this title shall contain at least the following information:
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1. The name of the individual serving such notice;
2. The location of the proposed area of excavation or
demolition;
3. The name, address and telephone number of the excavator or
excavator's company;
4. The excavator's field telephone number, if one is available;
5. The type and the extent of the proposed work;
6. Whether or not the discharging of explosives is anticipated;
and
7. The date and time when work is to begin.
E. In marking the approximate location of underground
facilities, an operator shall follow the standard color coding
described herein:
OPERATOR AND TYPE OF PRODUCT SPECIFIC GROUP IDENTIFYING COLOR
Electric Power Distribution
and Transmission
Safety Red
Municipal Electric Systems
Safety Red
Gas Distribution and
Transmission
High Visibility Safety
Yellow
Oil Distribution and
Transmission
High Visibility Safety
Yellow
Dangerous Materials, Product
Lines, Steam Lines
High Visibility Safety
Yellow
Telephone and Telegraph
Systems
Safety Alert Orange
Police and Fire
Communications
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Safety Alert Orange
Cable Television
Safety Alert Orange
Water Systems
Safety Precaution Blue
Slurry Systems
Safety Precaution Blue
Sewer Systems
Safety Green
Added by Laws 1981, c. 94, § 6, eff. Jan. 1, 1982. Amended by Laws
2003, c. 362, § 4, eff. Nov. 1, 2003; Laws 2016, c. 151, § 2, eff.
Nov. 1, 2016; Laws 2019, c. 148, § 2, eff. Nov. 1, 2019.
§63-142.7. Use of powered or mechanized equipment - Exemptions.
A. Except as provided in subsection B of this section, powered
or mechanized equipment shall not be used directly over marked routes
of underground facilities until the precise location of the
underground facilities has been determined by the excavator, and then
only after the facilities have been exposed and properly protected to
avoid damage to them. If the precise location of the underground
facilities cannot be determined by the excavator, the operator
thereof shall be notified by the excavator so that the operator can
determine the precise location of the underground facilities prior to
continuing excavation or demolition.
B. The only exception to the prohibition of the use of powered
or mechanized equipment directly over marked routes of underground
facilities shall be for the removal of pavement or masonry, and then
only to the depth of such pavement or masonry.
Laws 1981, c. 94, § 7, eff. Jan. 1, 1982.
§63-142.8. Additional notice required.
In addition to the notice required by Section 142.6 of this
title, whenever the demolition of a structure is proposed, operators
in the geographic area defined by the notification center who have a
notice on file with the notification center pursuant to Section 142.3
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of this title shall be given at least seven (7) business days' notice
of the proposed demolition before the demolition work begins. Such
notice shall be initiated by the notification center after the
excavator has met local code requirements for a demolition permit.
When an operator is served with notice and determines that
underground facilities are within the proposed area of demolition and
such facilities require additional protection, service removal or
termination, the operator shall communicate this information to the
excavator and by mutual agreement the operator and excavator shall
determine a date to begin the demolition which shall not exceed sixty
(60) business days from the original demolition notice. If a public
agency determines that the structure endangers the public health or
safety, then the public agency may, in the manner provided by law,
order the immediate demolition of the structure.
Added by Laws 1981, c. 94, § 8, eff. Jan. 1, 1982. Amended by Laws
2003, c. 362, § 5, eff. Nov. 1, 2003; Laws 2004, c. 427, § 2, emerg.
eff. June 4, 2004.
§63-142.9. Damage to underground facilities.
A. When any damage occurs to an underground facility or its
protective covering, the operator thereof shall be notified
immediately by any person who caused the damage.
B. Upon receiving notice of such damage, the operator shall
promptly dispatch personnel to the location to effect temporary or
permanent repairs.
C. Should damage occur that endangers life, health or property,
the excavator responsible for the work shall keep all sources of
ignition away from the damaged area and shall take immediate action
to protect the public and property and to minimize the hazard until
arrival of the operator's personnel or until the appropriate police
or fire officials shall have arrived and taken charge of the damaged
area.
D. An excavator shall delay any backfilling in the immediate
area of the damaged underground facilities until the damage has been
repaired, unless the operator authorizes otherwise. The repair of
such damage must be performed by the operator or by qualified
personnel authorized by the operator.
Added by Laws 1981, c. 94, § 9, eff. Jan. 1, 1982. Amended by Laws
2017, c. 192, § 2, eff. Nov. 1, 2017.
§63-142.9a. Damage to underground facilities – Liability -
Injunction.
A. Any excavator, except for a public agency who fails to comply
with the Oklahoma Underground Facilities Damage Prevention Act and
who damages an underground facility owned or operated by a nonprofit
rural water corporation organized pursuant to Section 863 of Title 18
of the Oklahoma Statutes or a rural water district organized pursuant
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to the Rural Water, Sewer, Gas, and Solid Waste Management Districts
Act, shall be liable for the underground damage to and responsible
for the repair of such facilities. Any new underground facilities
installed on and after September 1, 1992, shall contain materials
capable of being detected so that the facilities can be accurately
located.
B. Any excavator who damages or cuts an underground facility, as
a result of negligently failing to comply with the provisions of the
Oklahoma Underground Facilities Damage Prevention Act or as a result
of failing to take measures for the protection of an underground
facility shall be liable to the operator of the underground facility
for the repair of the damaged underground facility.
C. Except for public agencies, any excavator who by willful act
or by reckless disregard of the rights of others, repeatedly violates
the provisions of the Oklahoma Underground Facilities Damage
Prevention Act and repeatedly damages underground facilities, thereby
threatening the public health, safety, and welfare, may be enjoined
by a court of competent jurisdiction from further excavation.
Added by Laws 1992, c. 369, § 1, eff. Sept. 1, 1992. Amended by Laws
2002, c. 412, § 2, eff. July 1, 2002; Laws 2003, c. 362, § 6, eff.
Nov. 1, 2003.
§63-142.10. Statewide notification center.
A. This act recognizes the value of and authorizes the
establishment of a statewide notification center.
B. Upon establishment, the notification center shall operate
twenty-four (24) hours a day, seven (7) days a week. Notification,
as required by Section 142.6 of this title, to operators who are
members of or participants in the notification center, shall be given
by notifying the notification center by telephone or other acceptable
means of communication, the content of such notification to conform
to Section 142.6 of this title.
C. All operators who have underground facilities within the
defined geographical boundary of the notification center shall be
afforded the opportunity to become a member of the notification
center on the same terms as the original members. Others may
participate as nonmembers on terms and conditions as the members deem
appropriate.
D. A suitable record shall be maintained by the notification
center to document the receipt of the notices from excavators as
required by this act.
Added by Laws 1981, c. 94, § 10, eff. Jan. 1, 1982. Amended by Laws
2003, c. 362, § 7, eff. Nov. 1, 2003.
§63-142.11. Exemptions.
Notwithstanding anything which may be contained in this act to
the contrary, public agencies and their contractors engaged in work
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within the public right-of-way which work is a preengineered project,
certified project or routine maintenance shall be exempt from the
provisions of this act. Provided, a public agency contractor, prior
to engaging in routine maintenance, shall take reasonable steps to
determine the location of underground facilities in or near the
proposed area of work. Reasonable steps may include utilization of
the statewide one-call notification center procedures as provided for
in Section 142.6 of this title.
Added by Laws 1981, c. 94, § 11, eff. Jan. 1, 1982. Amended by Laws
1986, c. 114, § 1, eff. Nov. 1, 1986; Laws 2003, c. 362, § 8, eff.
Nov. 1, 2003.
§63-142.12. Repealed by Laws 2016, c. 151, § 3, eff. Nov. 1, 2016.
§63-142.13. Enforcement authority – Corporation Commission.
The Corporation Commission is hereby designated as the agency to
enforce the provisions of the Oklahoma Underground Facilities Damage
Prevention Act, Section 142.1 et seq. of Title 63 of the Oklahoma
Statutes, over excavation or demolition on or near or directly over
the location of, and notice of damage to, oil and natural gas
physical facilities which are described by the currently effective
definition of "pipeline" in 49 CFR Part 192.3 and "pipeline" and
"pipeline system" in 49 CFR Part 195.2. Enforcement authority
granted in this section shall be concurrent with and shall not be
construed to modify or limit any private right of action, including
those available pursuant to Section 142.9a of Title 63 of the
Oklahoma Statutes. Terms used in this section shall be as defined in
the Oklahoma Underground Facilities Damage Prevention Act.
Added by Laws 2014, c. 243, § 1, emerg. eff. May 9, 2014.
§63-176. Repealed by Laws 2013, c. 53, § 2, eff. July 1, 2013.
§63-313A. Definitions.
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, the State and
Education Employees Group Insurance Board, or a
health maintenance organization that delivers or
issues for delivery an individual, group, blanket,
or franchise insurance policy or insurance
agreement, a group hospital service contract, or
an evidence of coverage, or, to the extent
permitted by the Employee Retirement Income
/ -*--+!(' !+0 '.!- -&,-)!2 -9!4"
Security Act of 1974, 29 U.S.C., Section 1001 et
seq., by a multiple employer welfare arrangement
as defined in Section 3 of the Employee Retirement
Income Security Act of 1974, or any other
analogous benefit arrangement, whether the payment
is fixed or by indemnity.
b. "Health benefit plan" shall not include:
(1) a plan that provides coverage:
(a) only for a specified disease or diseases or
under an individual limited benefit policy,
(b) only for accidental death or dismemberment,
(c) for dental or vision care,
(d) a hospital confinement indemnity policy,
(e) disability income insurance or a combination
of accident-only and disability income
insurance, or
(f) as a supplement to liability insurance,
(2) a Medicare supplemental policy as defined by
Section 1882(g)(1) of the Social Security Act (42
U.S.C., Section 1395ss),
(3) worker's compensation insurance coverage,
(4) medical payment insurance issued as part of a
motor vehicle insurance policy,
(5) a long-term care policy, including a nursing home
fixed indemnity policy, unless a determination is
made that the policy provides benefit coverage so
comprehensive that the policy meets the definition
of a health benefit plan, or
(6) short-term health insurance issued on a
nonrenewable basis with a duration of six (6)
months or less; and
2. "Prior authorization" means a utilization management
criterion utilized to seek permission or waiver of a drug to be
covered under a health prior authorization.
B. Notwithstanding any other provision of law to the contrary,
in order to establish uniformity in the submission of prior
authorization forms, on or after January 1, 2014, a health benefit
plan shall utilize prior authorization forms for obtaining any prior
authorization for prescription drug benefits. A form shall not
exceed three pages in length, excluding any instructions or guiding
documentation and a health benefit plan may customize the content of
the form specific to the prescription drug for which the prior
authorization is being requested. A health benefit plan may make the
form accessible through multiple computer operating systems.
Additionally, upon request, the health benefit plan shall make a copy
of the form available to the Insurance Commissioner.
Added by Laws 2013, c. 362, § 1.
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§63-313B. Prior authorization forms for prescription drug benefits.
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, the State and
Education Employees Group Insurance Board, or a
health maintenance organization that delivers or
issues for delivery an individual, group, blanket,
or franchise insurance policy or insurance
agreement, a group hospital service contract, or
an evidence of coverage, or, to the extent
permitted by the Employee Retirement Income
Security Act of 1974, 29 U.S.C., Section 1001 et
seq., by a multiple employer welfare arrangement
as defined in Section 3 of the Employee Retirement
Income Security Act of 1974, or any other
analogous benefit arrangement, whether the payment
is fixed or by indemnity.
b. "Health benefit plan" shall not include:
(1) a plan that provides coverage:
(a) only for a specified disease or diseases or
under an individual limited benefit policy,
(b) only for accidental death or dismemberment,
(c) for dental or vision care,
(d) a hospital confinement indemnity policy,
(e) disability income insurance or a combination
of accident-only and disability income
insurance, or
(f) as a supplement to liability insurance,
(2) a Medicare supplemental policy as defined by
Section 1882(g)(1) of the Social Security Act (42
U.S.C., Section 1395ss),
(3) workers' compensation insurance coverage,
(4) medical payment insurance issued as part of a
motor vehicle insurance policy,
(5) a long-term care policy, including a nursing home
fixed indemnity policy, unless a determination is
made that the policy provides benefit coverage so
comprehensive that the policy meets the definition
of a health benefit plan, or
(6) short-term health insurance issued on a
nonrenewable basis with a duration of six (6)
months or less; and
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2. "Prior authorization" means a utilization management
criterion utilized to seek permission or waiver of a drug to be
covered under a health prior authorization.
B. Notwithstanding any other provision of law to the contrary,
in order to establish uniformity in the submission of prior
authorization forms, on or after January 1, 2015, a health benefit
plan shall utilize prior authorization forms for obtaining any prior
authorization for prescription drug benefits. A form shall not
exceed three pages in length, excluding any instructions or guiding
documentation and a health benefit plan may customize the content of
the form specific to the prescription drug for which the prior
authorization is being requested. A health benefit plan may make the
form accessible through multiple computer operating systems.
Additionally, upon request, the health benefit plan shall make a copy
of the form available to the Insurance Commissioner.
Added by Laws 2014, c. 264, § 1, eff. Nov. 1, 2014.
§63-315. Display of sign by retailers as to meat inspection.
All retail establishments selling meats which have been either
state or federally inspected shall display a sign adjacent to the
meat counter and plainly visible to the customer stating that "meat
sold over this counter has been state inspected," or if it is
federally inspected it shall state that "meat sold over this counter
has been federally inspected." This sign shall be not less than
24"x10" in size with prominent letters.
Added by Laws 1961, p. 692, § 6, emerg. eff. July 29, 1961.
§63-316. Definitions.
As used in this act:
1. "Bulk meat" means beef sold by hanging weight, consisting of
whole carcasses and the following primal cuts:
a. "side of beef" means chuck and rib with plate and
brisket removed,
b. "front quarter of beef" means the forward portion of a
side, back to and including the twelfth rib,
c. "back of beef" means chuck and rib with plate and
brisket removed,
d. "arm chuck of beef" means arm chuck with brisket
removed, back to and including the fifth rib,
e. "rib of beef" means from the sixth to the twelfth rib,
inclusive, not to exceed ten inches from tip of chine
bone to top of rib without plate,
f. "hindquarter of beef" means the rear section of a side
from and including the thirteenth rib, consisting of
round, loin and flank,
g. "trimmed loin of beef" means short loin and hip or
sirloin, and that section of hindquarter including
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thirteenth rib and separated one (1) inch to two (2)
inches below aitchbone, without flank or kidney,
h. "full loin of beef" means loin of beef, including flank
and kidney, and
i. "round of beef" means that portion of hindquarter
separated from loin one (1) inch to two (2) inches
below aitchbone back to shin bone;
2. "Buyer" means both actual and prospective purchasers but does
not include persons purchasing for resale;
3. "Food plan" means any plan offering meat for sale or the
offering of such product in combination with each other or with any
other food or nonfood product or service for a single price;
4. "Livestock" means cattle, calves, sheep, swine, ratite birds
including but not limited to ostrich and emu, aquatic animal
products, llamas, alpaca, buffalo, bison, elk documented as obtained
from a legal source and not from the wild, goats, horses, other
equines or rabbits raised in confinement for human consumption;
5. "Meat" means any edible portion of livestock, poultry or
captive cervid carcass or part thereof;
6. "Misrepresent" means the use of any untrue, misleading or
deceptive oral or written statement, advertisement, label, display,
picture, illustration or sample;
7. "Person" means an individual, partnership, firm, corporation,
association or other entity;
8. "Poultry" means any domestic bird intended for human
consumption;
9. "Represent" means the use of any form of oral or written
statement, advertisement, label, display, picture, illustration or
sample; and
10. "Seller" means any person league, franchise, franchisee,
franchisor or any authorized representative or agent thereof who
offers meat or combinations of such items, for retail purchase to the
public for preparation and consumption off the premises where sold or
for direct purchase by an individual at his or her residence.
Added by Laws 2019, c. 180, § 1.
§63-317. Misleading or deceptive practices.
No person advertising, offering for sale or selling all or part
of a carcass or food plan shall engage in any misleading or deceptive
practices, including, but not limited to, any one or more of the
following:
1. Disparaging or degrading any product advertised or offered
for sale by the seller, displaying any product or depiction of a
product to any buyer in order to induce the purchase of another
product or representing that a product is for sale when the
representation is used primarily to sell another product, or
substituting any product for that ordered by the buyer without the
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buyer's consent. Nothing in this paragraph shall be construed to
prohibit the enhancement of sales of any product by the use of a
gift;
2. Failing to have available a sufficient quantity of the
product represented as being for sale to meet reasonable anticipated
demands, unless the available amount is disclosed fully and
conspicuously;
3. Using any price list or advertisement subject to changes
without notice unless so stated, and which contains prices other than
the seller's current billing prices, unless changes are subject to
consumer's advance acceptance or rejection at or before the time of
order or delivery;
4. Misrepresenting the amount of money that the buyer will save
on purchases of any products which are not of the same grade or
quality;
5. Failing to disclose fully and conspicuously in any printed
advertisement and invoice in at least ten-point type any charge for
cutting, wrapping, freezing, delivery, annual interest rate or
financing and other services;
6. Representing the price of any product to be offered for sale
in units larger than one pound in terms other than price per single
pound. Nothing in this section shall be construed to prevent the
price of such units from also being represented by individual
serving, by fluid measure or by other meaningful description;
7. Misrepresenting the cut, grade, brand or trade name, or
weight or measure of any product, or misrepresenting a product as
meat that is not derived from harvested production livestock or
poultry; provided product packaging for plant-based items shall not
be considered to be in violation of the provisions of this paragraph
so long as the packaging displays that the product is derived from
plant-based sources;
8. Using the abbreviation "U.S." in describing a product not
graded by the United States Department of Agriculture, except that a
product may be described as "U.S. Inspected" when true;
9. Referring to a quality grade other than the United States
Department of Agriculture quality grade, unless the grade name is
preceded by the seller's name in type at least as large and
conspicuous as the grade name;
10. Misrepresenting a product through the use of any term
similar to a government grade;
11. Failing to disclose in uniform ten-point type, when a
quality grade is advertised, a definition of the United States
Department of Agriculture quality grade in the following terms:
a. prime,
b. choice,
c. select,
d. good,
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e. standard,
f. utility,
g. commercial,
h. canner, and
i. cutter;
12. Failing to disclose in uniform ten-point type, when a yield
grade within a quality grade is advertised, a definition of the
United States Department of Agriculture yield grade in the following
terms:
a. yield grade one (1), extra lean,
b. yield grade two (2), lean,
c. yield grade three (3), average waste,
d. yield grade four (4), wasty, and
e. yield grade five (5), exceptionally wasty;
13. Advertising or offering for sale carcasses, sides or primal
cuts as such, while including disproportionate numbers or amounts of
less expensive components of those cuts, or offering them in tandem
with less expensive components from other carcasses, sides or primal
cut parts;
14. Failing to disclose fully and conspicuously the correct
government grade for any product if the product is represented as
having been graded;
15. Failing to disclose fully and conspicuously that the yield
of consumable meat from any carcass or part of a carcass will be less
than the weight of the carcass or part of the carcass. The seller
shall, for each carcass or part of carcass advertised, use separately
and distinctly in any printed matter, in at least ten-point type, the
following disclosure: "Sold gross weight subject to trim loss";
16. Misrepresenting the amount or proportion of retail cuts that
a carcass or part of carcass will yield;
17. Failing to disclose fully and conspicuously whether a
quarter of a carcass is the front quarter or hindquarter;
18. Representing any part of a carcass as a "half" or "side"
unless it consists exclusively of a front quarter and hindquarter.
Sides or halves must consist of only anatomically natural proportions
of cuts from front quarters or hindquarters;
19. Representing primal cuts in a manner other than described in
Section 1 of this act;
20. Using the words "bundle", "sample order" or words of similar
import to describe a quantity of meat unless the seller itemizes each
type of cut and the weight of each type of cut which the buyer will
receive; and
21. Advertising or offering a free, bonus or extra product or
service combined with or conditioned on the purchase of any other
product or service unless the additional product or service is
accurately described including, whenever applicable, grade, net
weight or measure, type and brand or trade name. The words "free",
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"bonus" or other words of similar import shall not be used in any
advertisement unless the advertisement clearly and conspicuously sets
forth the total price or amount which must be purchased to entitle
the buyer to the additional product or service.
Added by Laws 2019, c. 180, § 2.
§63-330.21. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.22. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.23. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.24. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.25. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.26. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.27. Repealed by Laws 1990, c. 85, § 3, operative July 1,
1990.
§63-330.31. Independent audits - Reimbursable cost statements.
The superintendent of each hospital operated by the State of
Oklahoma or any department, commission, agency, or authority thereof
is authorized to employ Certified Public Accountants for the purpose
of conducting an independent audit of such hospital's books and
records and preparing an audit report and reimbursable cost statement
at the close of each fiscal year in accordance with the requirements
of third party payors that may reimburse such hospital for care and
treatment provided.
Laws 1965, c. 128, § 1, emerg. eff. May 24, 1965.
§63-330.51. Definitions.
For the purposes of Section 330.51 et seq. of this title, and as
used herein:
1. "Board" means the Oklahoma State Board of Examiners for Long-
Term Care Administrators;
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2. "Long-term care administrator" means a person licensed or
certified as a nursing facility administrator, an assisted living
facility administrator, a residential care facility administrator, or
an adult day care center administrator pursuant to Section 330.51 et
seq. of this title. 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 of 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;
3. "Nursing facility administrator" means a person licensed by
the State of Oklahoma to perform the duties of an administrator
serving in a skilled nursing or nursing or ICF/IID facility;
4. "Assisted living facility administrator" means a person
licensed or certified by the State of Oklahoma to perform the duties
of an administrator serving in an assisted living facility;
5. "Residential care facility administrator" means a person
licensed or certified by the State of Oklahoma to perform the duties
of an administrator serving in a residential care facility;
6. "Adult day care center administrator" means a person licensed
or certified by the State of Oklahoma to perform the duties of an
administrator serving in an adult day care center; and
7. "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.
§63-330.52. State Board of Examiners.
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A. There is hereby re-created, to continue until July 1, 2022,
in accordance with the provisions of the Oklahoma Sunset Law, the
Oklahoma State Board of Examiners for Long-Term Care Administrators.
The Oklahoma State Board of Examiners for Long-Term Care
Administrators shall consist of fifteen (15) members, eight of whom
shall be representatives of the professions and institutions of long-
term care, with representation from each type of administrator
defined in Section 330.51 of this title. In order to be eligible to
serve as a member, such administrators shall be licensed or certified
in their defined facility type, and be in good standing and have at
least three (3) years of experience as an administrator in the
facility type they represent, except a nursing facility administrator
as defined in Section 330.51 of this title, who shall have at least
five (5) years of experience as a nursing facility administrator.
Four members shall represent the general public, of which at least
two shall be licensed medical professionals concerned with the care
and treatment of critically ill or infirm elderly patients. The
preceding twelve members shall be appointed by the Governor, with the
advice and consent of the Senate. The final three members shall
constitute the State Commissioner of Health, the Director of the
Department of Human Services, and the Director of the Department of
Mental Health and Substance Abuse Services, or their designees.
B. No members other than the eight licensed or certified
administrators shall have a direct or indirect financial interest in
long-term care facilities.
C. Effective November 1, 2011, all appointed positions of the
current Board shall be deemed vacant. The Governor shall make
initial appointments pursuant to the provisions of this subsection.
Initial appointments shall become effective on November 1, 2011. The
new members of the Board shall be initially appointed as follows:
1. Four of the members representing each administrator type, two
members representing the general public and two other members shall
be appointed for a term of two (2) years to expire on October 31,
2013; and
2. Four of the members representing each administrator type, two
members representing the general public and one other member shall be
appointed for a term of three (3) years to expire on October 31,
2014.
D. After the initial terms, the terms of all appointive members
shall be three (3) years. Any vacancy occurring in the position of
an appointive member shall be filled by the Governor, with the advice
and consent of the Senate, for the unexpired term.
E. Any member of the Board shall recuse himself or herself from
voting on any matter that originated from or involves an entity with
which the Board member is affiliated.
Added by Laws 1968, c. 100, § 2, emerg. eff. April 1, 1968. Amended
by Laws 1973, c. 264, § 1, emerg. eff. May 24, 1973; Laws 1980, c.
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175, § 1, eff. Oct. 1, 1980; Laws 1982, c. 196, § 1, emerg. eff.
April 27, 1982; Laws 1988, c. 225, § 21; Laws 1991, c. 168, § 2, eff.
July 1, 1991; Laws 1995, c. 17, § 1, emerg. eff. March 31, 1995; Laws
2000, c. 91, § 1; Laws 2005, c. 168, § 2, emerg. eff. May 13, 2005;
Laws 2006, c. 291, § 2, eff. July 1, 2006; Laws 2007, c. 347, § 10,
eff. Nov. 1, 2007; Laws 2011, c. 192, § 2, eff. Nov. 1, 2011; Laws
2018, c. 295, § 1; Laws 2019, c. 343, § 1, eff. Nov. 1, 2019.
§63-330.53. Qualifications for license or certification.
A. The Oklahoma State Board of Examiners for Long-Term Care
Administrators shall have authority to issue licenses or
certifications to qualified persons as long-term care administrators,
and shall establish qualification criteria for each type of long-term
care administrator.
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
Board 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
Board of the person's ability to supervise the defined facility type
in which he or she is licensed or certified to serve as a long-term
care administrator.
C. All persons currently 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 Board may promulgate rules
pursuant to Section 330.57 of this title to address future
certification and licensure requirements for all long-term care
administrator types without effect on the licensure or certification
status of those currently certified or licensed. The Board shall not
include a requirement for a four-year degree in any future licensing
or certification requirements for assisted living, residential care
or adult day care administrators. Until such rules are promulgated,
current licensure and certification processes and standards shall
remain in place.
D. The Oklahoma State Board of Examiners for Long-Term Care
Administrators shall, on or before July 1, 2017, promulgate rules
permitting eligible applicants to sit for the state standards
examination at a testing facility using procedures approved by the
National Association of Long-Term Care Administrator Board, including
but not limited to the use of electronic or online methods for
examination.
E. The Oklahoma State Board of Examiners for Long-Term Care
Administrators shall promulgate rules to implement the provisions of
this section.
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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.
§63-330.54. License fees - Expiration date.
Each person licensed or certified as a long-term care
administrator pursuant to the provisions of Section 330.53 of this
title shall be required to pay an annual license or certification fee
which shall be deposited in the Oklahoma State Board of Examiners for
Long-Term Care Administrators Revolving Fund. Such fee shall be
determined by the Oklahoma State Board of Examiners for Long-Term
Care Administrators. Each such license or certification shall expire
on the 31st 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 license fee.
Added by Laws 1968, c. 100, § 4, emerg. eff. April 1, 1968. Amended
by Laws 1984, c. 172, § 3, operative July 1, 1984; Laws 1988, c. 171,
§ 3, operative July 1, 1988; Laws 1991, c. 168, § 4, eff. July 1,
1991; Laws 2006, c. 291, § 4, eff. July 1, 2006; Laws 2011, c. 192, §
4, eff. Nov. 1, 2011.
§63-330.56. Officers - Rules - Travel expenses - Personnel.
The Oklahoma State Board of Examiners for Long-Term Care
Administrators shall elect from its membership a chair, vice-chair,
and secretary-treasurer, and shall adopt rules to govern its
proceedings. Each member shall be allowed necessary travel expenses,
as may be approved by the Board pursuant to the State Travel
Reimbursement Act. The Board may employ and fix the compensation and
duties of necessary personnel to assist it in the performance of its
duties.
Added by Laws 1968, c. 100, § 6, emerg. eff. April 1, 1968. Amended
by Laws 1985, c. 178, § 46, operative July 1, 1985; Laws 2006, c.
291, § 5, eff. July 1, 2006.
§63-330.57. Qualifications of administrator.
The Oklahoma State Board of Examiners for Long-Term Care
Administrators shall have sole and exclusive 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 Board
shall promulgate rules to determine the qualifications for licensure
or certification for the long-term care administrator types as
defined in Section 330.51 of this title. Such rules may include a
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requirement for licensure instead of certification for certain long-
term care administrator types.
Added by Laws 1968, c. 100, § 7, emerg. eff. April 1, 1968. Amended
by Laws 1991, c. 168, § 5, eff. July 1, 1991; Laws 2006, c. 291, § 6,
eff. July 1, 2006; Laws 2011, c. 192, § 5, eff. Nov. 1, 2011.
§63-330.58. Duties of Board.
The Oklahoma State Board of Examiners for Long-Term Care
Administrators shall:
1. 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;
2. Develop and apply appropriate techniques, including
examinations and investigations, for determining whether an
individual meets such standards;
3. Issue licenses or certifications to individuals determined,
after the application of such techniques, to meet such standards.
The Board may deny an initial application, deny a renewal
application, and revoke or suspend licenses or certifications
previously issued by the Board 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
Board 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
Board shall consider the scope, severity and repetition of the
violation and any additional factors deemed appropriate by the Board
when issuing a fine;
4. 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;
5. Receive, investigate, and take appropriate action with
respect to any charge or complaint filed with the Board to the effect
that any individual licensed as a long-term care administrator has
failed to comply with the requirements of such standards. The long-
term care ombudsman program of the Aging Services Division of the
Department of Human Services shall be notified of all complaint
investigations of the Board so that they may be present at any such
complaint investigation for the purpose of representing long-term
care facility consumers;
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6. Receive and take appropriate action on any complaint or
referral received by the Board from the Department of Human Services
or any other regulatory agency. Complaints may also be generated by
the Board or staff. A complaint shall not be published on the web
site of the Oklahoma State Board of Examiners for Long-Term Care
Administrators unless there is a finding by the Board that the
complaint has merit. The Board shall promulgate rules that include,
but are not limited to, provisions for:
a. establishing a complaint review process,
b. creating a formal complaint file, and
c. establishing a protocol for investigation of
complaints;
7. Enforce the provisions of Sections 330.51 through 330.65 of
this title 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 Board;
8. 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;
9. Cooperate with and provide assistance when necessary to state
regulatory agencies in investigations of complaints;
10. 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;
11. Report a final adverse action against a long-term care
administrator to the Healthcare Integrity and Protection Data Bank
pursuant to federal regulatory requirements;
12. Refer completed investigations to the proper law enforcement
authorities for prosecution of criminal activities;
13. Impose administrative fines, in an amount to be determined
by the Board, against persons who do not comply with the provisions
of this act or the rules adopted by the Board. Administrative fines
imposed pursuant to this section shall not exceed One Thousand
Dollars ($1,000.00) per violation. The Board shall consider the
scope, severity and repetition of the violation and any additional
factors deemed appropriate by the Board when issuing a fine;
14. Assess the costs of the hearing process, including attorney
fees;
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15. 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 Board;
16. 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; and
17. Promulgate rules governing the employment of assistant
administrators for nursing and skilled nursing facilities including,
but not limited to, minimum qualifications.
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.
§63-330.59. Service as administrator without license prohibited.
It shall be unlawful and a misdemeanor for any person to act or
serve in the capacity as a long-term care administrator unless the
person is the holder of a license or certification as a long-term
care administrator, issued in accordance with the provisions of this
act.
Added by Laws 1968, c. 100, § 9, emerg. eff. April 1, 1968. Amended
by Laws 2006, c. 291, § 8, eff. July 1, 2006; Laws 2011, c. 192, § 7,
eff. Nov. 1, 2011.
§63-330.60. Rules and regulations.
The Board shall establish such rules and regulations governing
operations, reporting of fees, and compensation of employees, the
maintenance of books, records and manner and time of employee
compensation, all as may be in the public interest.
Laws 1968, c. 100, § 10, emerg. eff. April 1, 1968; Laws 1974, c. 48,
§ 1, emerg. eff. April 13, 1974. Amended by Laws 1990, c. 85, § 1,
operative July 1, 1990.
§63-330.61. Additional fees.
A. In addition to fees necessary to implement the provisions of
this act, the Oklahoma State Board of Examiners for Long-Term Care
Administrators may impose fees for:
1. Training programs conducted or approved by the Board; and
2. Education programs conducted or approved by the Board.
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B. All revenues collected as a result of fees authorized in this
section and imposed by the Board shall be deposited into the Oklahoma
State Board of Examiners for Long-Term Care Administrators Revolving
Fund.
Added by Laws 1988, c. 171, § 4, operative July 1, 1988. Amended by
Laws 1990, c. 85, § 2, operative July 1, 1990; Laws 1991, c. 168, §
7, eff. July 1, 1991; Laws 2006, c. 291, § 9, eff. July 1, 2006.
§63-330.62. Oklahoma State Board of Examiners for Long-Term Care
Administrators Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State Board of Examiners for Long-Term Care
Administrators to be designated the "Oklahoma State Board of
Examiners for Long-Term Care Administrators 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 said fund are
hereby appropriated and may be budgeted and expended by the Oklahoma
State Board of Examiners for Long-Term Care Administrators to carry
out the duties established by law. 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 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.
§63-330.63. Repealed by Laws 2006, c. 291, § 13, eff. July 1, 2006.
§63-330.64. Complaints - Registry.
A. Each investigation of a complaint received by the Oklahoma
State Board of Examiners for Long-Term Care Administrators shall be
initiated within ninety (90) days from the date the complaint is
received by the Board. Each complaint investigation shall be
completed within twelve (12) months of initiation. The time period
may be extended by the Board for good cause.
B. Effective May 13, 2005, the Board shall create and maintain a
registry of all complaints or referrals, found by the Board 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 Board. The registry shall also
contain the number of complaints made against an individual
administrator.
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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.
§63-330.65. Complaint procedures.
A. Any decision by the Oklahoma State Board of Examiners for
Long-Term Care Administrators pursuant to a complaint received
against an individual administrator shall be voted upon by a quorum
of the Board in an open meeting.
B. Any person or agency may submit to the Board a complaint
against a long-term care administrator. Complaints may also be
generated by the Board or staff.
C. A committee or committees of three (3) persons appointed by
the chair of the Board shall review complaints to determine if
probable cause exists that a violation of this act or the rules of
the Board has occurred. No committee shall be composed of a majority
of board members who are long-term care administrators or owners.
The committee may cause the allegations to be investigated, and, if
this committee determines that such probable cause exists, this
committee shall file a formal complaint against the long-term care
administrator alleged to have committed the violation.
D. 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 Board 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,
except for the investigative report, if the respondent signs a
protective order whereby the respondent agrees to use the information
solely for the purpose of defense in the Board proceeding and in any
appeal therefrom and agrees not to otherwise disclose the
information.
E. Upon completion of an investigation, the probable cause
committee may make a recommendation to the Board to set the case for
hearing, or for dismissal or other action.
F. The respondent may be given an opportunity to participate in
an informal resolution of the case. Discussions to resolve the case
without a hearing may be conducted by the Director, the prosecutor of
the Board, or both the Director and the prosecutor, in consultation
with the probable cause committee. Any recommendation for informal
resolution shall be presented to the Board for its consideration and
approval.
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G. If the case is not resolved, the respondent shall be afforded
notice and a hearing in accordance with the provisions of Article II
of the Administrative Procedures Act. The members of the probable
cause committee that reviewed the complaint shall recuse themselves
from any participation in a hearing. Any party aggrieved by a
decision of the Board following a hearing may appeal directly to
district court pursuant to the provisions of Section 318 of Title 75
of the Oklahoma Statutes.
Added by Laws 2005, c. 168, § 5, emerg. eff. May 13, 2005. Amended
by Laws 2006, c. 291, § 12, eff. July 1, 2006; Laws 2008, c. 411, §
4, eff. Nov. 1, 2008; Laws 2011, c. 192, § 8, eff. Nov. 1, 2011.
§63-330.71. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30,
1990.
§63-330.72. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30,
1990.
§63-330.73. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30,
1990.
§63-330.74. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30,
1990.
§63-330.75. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30,
1990.
§63-330.76. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30,
1990.
§63-330.77. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30,
1990.
§63-330.78. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30,
1990.
§63-330.79. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30,
1990.
§63-330.80. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30,
1990.
§63-330.81. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.82. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30,
1990.
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§63-330.83. Repealed by Laws 1990, c. 320, § 20, emerg. eff. May 30,
1990.
§63-330.84. Renumbered as § 2451 of this title by Laws 1990, c. 320,
§ 19, emerg. eff. May 30, 1990.
§63-330.85. Renumbered as § 2452 of this title by Laws 1990, c. 320,
§ 19, emerg. eff. May 30, 1990.
§63-330.86. Renumbered as § 2453 of this title by Laws 1990, c. 320,
§ 19, emerg. eff. May 30, 1990.
§63-330.87. Renumbered as § 2454 of this title by Laws 1990, c. 320,
§ 19, emerg. eff. May 30, 1990.
§63-330.88. Renumbered as § 2455 of this title by Laws 1990, c. 320,
§ 19, emerg. eff. May 30, 1990.
§63-330.89. Repealed by Laws 1990, c. 320, § 21, emerg. eff. May 30,
1990.
§63-330.90. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.91. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.92. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.93. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.94. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.95. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.96. Repealed by Laws 1999, c. 156, § 6, eff. Nov. 1, 1999.
§63-330.97. Renumbered as § 1-2522 of this title by Laws 2002, c.
374, § 11, eff. July 1, 2002.
§63-420. See the following versions:
OS 63-420v1 (SB 162, Laws 2019, c. 312, § 2).
OS 63-420v2 (HB 2601, Laws 2019, c. 477, § 5).
OS 63-420v3 (SB 1030, Laws 2019, c. 509, § 2).
§63-420v1. Medical marijuana license – Application – Fee – Temporary
license – Caregiver license.
A. A person in possession of a state issued medical marijuana
license shall be able to:
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1. Consume marijuana legally;
2. Legally possess up to three (3) ounces (84.9 grams) of
marijuana on their person;
3. Legally possess six (6) mature marijuana plants;
4. Legally possess six (6) seedling plants;
5. Legally possess one (1) ounce (28.3 grams) of concentrated
marijuana;
6. Legally possess seventy-two (72) ounces (2037.6 grams) of
edible marijuana; and
7. Legally possess up to eight (8) ounces (226.4 grams) of
marijuana in their residence.
B. Possession of up to one and one-half (1.5) ounces of (42.45
grams) marijuana by persons who can state a medical condition, but
are not in possession of a state issued medical marijuana license,
shall constitute a misdemeanor offense with a fine not to exceed Four
Hundred Dollars ($400.00).
C. A regulatory office shall be established under the State
Department of Health which shall receive applications for medical
license recipients, dispensaries, growers and packagers within sixty
(60) days of the passage of this initiative.
D. The State Department of Health shall, within thirty (30) days
of passage of this initiative, make available on the Department's
website, in an easy to find location, an application for a medical
marijuana license. The license shall be valid for two (2) years, and
the application fee shall be One Hundred Dollars ($100.00), or Twenty
Dollars ($20.00) for individuals on Medicaid, Medicare or SoonerCare.
The methods of payment shall be provided on the Department's website.
E. A temporary license application shall also be made available
on the State Department of Health website. A temporary medical
marijuana license shall be granted to any medical marijuana license
holder from other states, provided that the state has a state
regulated medical marijuana program, and the applicant can prove they
are a member of such program. Temporary licenses shall be issued for
thirty (30) days. The cost for a temporary license shall be One
Hundred Dollars ($100.00). Renewal shall be granted with
resubmission of a new application. No additional criteria shall be
required.
F. Medical marijuana license applicants shall submit their
application to the State Department of Health for approval. The
applicant shall be an Oklahoma state resident and shall prove
residency by a valid driver license, utility bills, or other accepted
methods.
G. The State Department of Health shall review the medical
marijuana application, approve or reject the application, and mail
the applicant's approval or rejection letter, stating any reasons for
rejection, to the applicant within fourteen (14) business days of
receipt of the application. Approved applicants shall be issued a
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medical marijuana license which shall act as proof of their approved
status. Applications may only be rejected based on the applicant not
meeting stated criteria or improper completion of the application.
H. The State Department of Health shall only keep the following
records for each approved medical license:
1. A digital photograph of the license holder;
2. The expiration date of the license;
3. The county where the card was issued; and
4. A unique twenty-four-character identification number assigned
to the license.
I. The State Department of Health shall make available, both on
the Department's website and through a telephone verification system,
an easy method to validate a medical marijuana license holder's
authenticity by the unique twenty-four-character identifier.
J. The State Department of Health shall ensure that all
application records and information are sealed to protect the privacy
of medical marijuana license applicants.
K. A caregiver license shall be made available for qualified
caregivers of a medical marijuana license holder who is homebound.
The caregiver license shall give the caregiver the same rights as the
medical marijuana license holder. Applicants for a caregiver license
shall submit proof of the medical marijuana license holder's license
status and homebound status, proof which they are the designee of the
medical marijuana license holder, proof that the caregiver is age
eighteen (18) or older, and proof the caregiver is an Oklahoma
resident. This shall be the only criteria for a caregiver license.
L. All applicants shall be eighteen (18) years or older. A
special exception shall be granted to an applicant under the age of
eighteen (18), however these applications shall be signed by two (2)
physicians and the applicant's parent or legal guardian.
M. All applications for a medical marijuana license shall be
signed by an Oklahoma physician licensed by and in good standing with
the State Board of Medical Licensure and Supervision or the State
Board of Osteopathic Examiners. There are no qualifying conditions.
A medical marijuana license shall be recommended according to the
accepted standards a reasonable and prudent physician would follow
when recommending or approving any medication. No physician may be
unduly stigmatized or harassed for signing a medical marijuana
license application.
N. Counties and cities may enact medical marijuana guidelines
allowing medical marijuana license holders or caregivers to exceed
the state limits set forth in subsection A of this section.
Added by § 1 of State Question No. 788, Initiative Petition No. 412,
adopted at election held June 26, 2018, eff. July 26, 2018. Amended
by Laws 2019, c. 158, § 1, eff. Nov. 1, 2019; Laws 2019, c. 312, § 2,
emerg. eff. May 7, 2019.
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§63-420v2. Medical marijuana license – Application – Fee – Temporary
license – Caregiver license.
A. A person in possession of a state-issued medical marijuana
license shall be able to:
1. Consume marijuana legally;
2. Legally possess up to three (3) ounces of marijuana on their
person;
3. Legally possess six mature marijuana plants;
4. Legally possess six seedling plants;
5. Legally possess one (1) ounce of concentrated marijuana;
6. Legally possess seventy-two (72) ounces of edible marijuana;
and
7. Legally possess up to eight (8) ounces of marijuana in their
residence.
B. Possession of up to one and one-half (1.5) ounces of
marijuana by persons who can state a medical condition, but are not
in possession of a state-issued medical marijuana license, shall
constitute a misdemeanor offense with a fine not to exceed Four
Hundred Dollars ($400.00).
C. A regulatory office shall be established under the State
Department of Health which shall receive applications for medical
marijuana license recipients, dispensaries, growers, and packagers
within sixty (60) days of the passage of this initiative.
D. The State Department of Health shall, within thirty (30) days
of passage of this initiative, make available on its website, in an
easy-to-find location, an application for a medical marijuana
license. The license shall be good for two (2) years, and the
application fee shall be One Hundred Dollars ($100.00), or Twenty
Dollars ($20.00) for individuals on Medicaid, Medicare, or
SoonerCare. The methods of payment shall be provided on the website
of the Department.
E. A short-term medical marijuana license application shall also
be made available on the website of the State Department of Health.
A short-term medical marijuana license shall be granted to any
applicant who can meet the requirements for a two-year medical
marijuana license, but whose physician recommendation for medical
marijuana is only valid for sixty (60) days. Short-term medical
marijuana licenses shall be issued for sixty (60) days. The fee for
a short-term medical marijuana license and the procedure for
extending or renewing the license shall be determined by the
Department.
F. A temporary license application shall also be made available
on the website of the Department. A temporary medical marijuana
license shall be granted to any medical marijuana license holder from
other states, provided that the state has a state-regulated medical
marijuana program, and the applicant can prove he or she is a member
of such program. Temporary licenses shall be issued for thirty (30)
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days. The cost for a temporary license shall be One Hundred Dollars
($100.00). Renewal shall be granted with resubmission of a new
application. No additional criteria shall be required.
G. Medical marijuana license applicants shall submit their
applications to the State Department of Health for approval. The
applicant shall be an Oklahoma state resident and shall prove
residency by a valid driver license, utility bills, or other accepted
methods.
H. The State Department of Health shall review the medical
marijuana application, approve or reject the application, and mail
the approval or rejection letter stating any reasons for rejection to
the applicant within fourteen (14) business days of receipt of the
application. Approved applicants shall be issued a medical marijuana
license which shall act as proof of their approved status.
Applications may only be rejected based on the applicant not meeting
stated criteria or improper completion of the application.
I. The State Department of Health shall only keep the following
records for each approved medical marijuana license:
1. A digital photograph of the license holder;
2. The expiration date of the license;
3. The county where the card was issued; and
4. A unique 24-character identification number assigned to the
license.
J. The State Department of Health shall make available, both on
its website and through a telephone verification system, an easy
method to validate the authenticity of the medical marijuana license
by the unique 24-character identifier.
K. The State Department of Health shall ensure that all
application records and information are sealed to protect the privacy
of medical marijuana license applicants.
L. A caregiver license shall be made available for qualified
caregivers of a medical marijuana license holder who is homebound.
The caregiver license shall give the caregiver the same rights as the
medical marijuana license holder. An applicant for a caregiver
license shall submit proof of the license status and homebound status
of the medical marijuana patient and proof that the applicant is the
designee of the medical marijuana patient. The applicant shall also
submit proof that he or she is eighteen (18) years of age or older
and proof of his or her Oklahoma residency. This shall be the only
criteria for a caregiver license.
M. All applicants shall be eighteen (18) years of age or older.
A special exception shall be granted to an applicant under the age of
eighteen (18); however, these applications shall be signed by two
physicians and the parent or legal guardian of the applicant.
N. All applications for a medical license must be signed by an
Oklahoma Board certified physician. There are no qualifying
conditions. A medical marijuana license must be recommended
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according to the accepted standards a reasonable and prudent
physician would follow when recommending or approving any medication.
No physician may be unduly stigmatized or harassed for signing a
medical marijuana license application.
O. Counties and cities may enact medical marijuana guidelines
allowing medical marijuana license holders or caregivers to exceed
the state limits set forth in subsection A of this section.
Added by Section 1, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
Amended by Laws 2019, c. 477, § 5.
§63-420v3. Medical marijuana license – Application – Fee – Temporary
license – Caregiver license.
A. A person in possession of a state-issued medical marijuana
license shall be able to:
1. Consume marijuana legally;
2. Legally possess up to three (3) ounces (84.9 grams) of
marijuana on their person;
3. Legally possess six (6) mature marijuana plants;
4. Legally possess six (6) seedling plants;
5. Legally possess one (1) ounce (28.3 grams) of concentrated
marijuana;
6. Legally possess seventy-two (72) ounces (2,037.6 grams) of
edible marijuana; and
7. Legally possess up to eight (8) ounces (226.4 grams) of
marijuana in their residence.
B. Possession of up to one and one-half (1.5) ounces (42.45
grams) of marijuana by persons who can state a medical condition, but
not in possession of a state-issued medical marijuana license, shall
constitute a misdemeanor offense punishable by a fine not to exceed
Four Hundred Dollars ($400.00) and shall not be subject to
imprisonment for the offense. Any law enforcement officer who comes
in contact with a person in violation of this subsection and who is
satisfied as to the identity of the person, as well as any other
pertinent information the law enforcement officer deems necessary,
shall issue to the person a written citation containing a notice to
answer the charge against the person in the appropriate court. Upon
receiving the written promise of the alleged violator to answer as
specified in the citation, the law enforcement officer shall release
the person upon personal recognizance unless there has been a
violation of another provision of law.
C. A regulatory office shall be established under the State
Department of Health which shall receive applications for medical
marijuana license recipients, dispensaries, growers, and packagers
within sixty (60) days of the passage of this initiative.
D. The State Department of Health shall within thirty (30) days
of passage of this initiative, make available, on their website, in
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an easy to find location, an application for a medical marijuana
license. The license shall be good for two (2) years. The
application fee shall be One Hundred Dollars ($100.00), or Twenty
Dollars ($20.00) for individuals on Medicaid, Medicare or SoonerCare.
The methods of payment shall be provided on the website.
E. A temporary license application shall also be available on
the website of the State Department of Health. A temporary medical
marijuana license shall be granted to any medical marijuana license
holder from other states, provided that the state has a state
regulated medical marijuana program, and the applicant can prove he
or she is a member of such. Temporary licenses shall be issued for
thirty (30) days. The cost for a temporary license shall be One
Hundred Dollars ($100.00). Renewal will be granted with resubmission
of a new application. No additional criteria shall be required.
F. Medical marijuana license applicants shall submit his or her
application to the State Department of Health for approval. The
applicant must be a resident of Oklahoma and shall prove residency by
a valid driver license, utility bills, or other accepted methods.
G. The State Department of Health shall review the medical
marijuana application, approve or reject the application, and mail
the approval or rejection letter to the applicant stating reasons for
rejection within fourteen (14) business days of receipt of the
application. Approved applicants shall be issued a medical marijuana
license which will act as proof of his or her approved status.
Applications may only be rejected based on applicant not meeting
stated criteria or improper completion of the application.
H. The State Department of Health shall only keep the following
records for each approved medical license:
1. A digital photograph of the license holder;
2. The expiration date of the license;
3. The county where the card was issued; and
4. A unique 24-character identification number assigned to the
license.
I. The State Department of Health shall make available, both on
its website, and through a telephone verification system, an easy
method to validate the authenticity of a medical marijuana license by
the unique 24-character identification number.
J. The State Department of Health shall ensure that all
application records and information are sealed to protect the privacy
of medical marijuana license applicants.
K. A caregiver license shall be made available for qualified
caregivers of a medical marijuana license holder who is homebound.
As provided in Section 11 of Enrolled House Bill No. 2612 of the 1st
Session of the 57th Oklahoma Legislature, the caregiver license shall
provide the caregiver the same rights as the medical marijuana
patient licensee, including the ability to possess marijuana,
marijuana products and mature and immature plants pursuant to the
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Oklahoma Medical Marijuana and Patient Protection Act, but excluding
the ability to use marijuana or marijuana products unless the
caregiver has a medical marijuana patient license. Applicants for a
caregiver license shall submit proof of the license status and
homebound status of the medical marijuana license holder, that the
caregiver is the designee of the medical marijuana license holder,
that the caregiver is eighteen (18) years of age or older, and that
the caregiver is an Oklahoma resident. This shall be the only
criteria for a caregiver license.
L. All applicants must be eighteen (18) years of age or older.
A special exception shall be granted to an applicant under the age of
eighteen (18), however these applications must be signed by two (2)
physicians and the parent or legal guardian of the applicant.
M. All applications for a medical marijuana license shall be
signed by an Oklahoma physician. There are no qualifying conditions.
A medical marijuana license must be recommended according to the
accepted standards a reasonable and prudent physician would follow
when recommending or approving any medication. No physician may be
unduly stigmatized or harassed for signing a medical marijuana
license application.
N. Counties and cities may enact medical marijuana guidelines
allowing medical marijuana license holders or caregivers to exceed
the state limits set forth in subsection A of this section.
Added by Section 1, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
Amended by Laws 2019, c. 158, § 1, eff. Nov. 1, 2019; Laws 2019, c.
509, § 2.
§63-421. Medical marijuana dispensary license application – Fee –
Criteria for license – Monthly sales report.
A. The Oklahoma State Department of Health shall within thirty
(30) days of passage of this initiative, make available, on their
website, in an easy to find location, an application for a medical
marijuana dispensary license. The application fee shall be Two
Thousand Five Hundred Dollars ($2,500.00) and a method of payment
will be provided on the website. Retail applicants must all be
Oklahoma state residents. Any entity applying for a retail license
must be owned by an Oklahoma state resident and must be registered to
do business in Oklahoma. The Oklahoma State Department of Health
shall have two (2) weeks to review the application, approve or reject
the application, and mail the approval/rejection letter (if rejected,
stating reasons for rejection) to the applicant.
B. The Oklahoma State Department of Health must approve all
applications which meet the following criteria:
1. Applicant must be age twenty-five (25) or older;
2. Any applicant, applying as an individual, must show residency
in the State of Oklahoma;
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3. All applying entities must show that all members, managers,
and board members are Oklahoma residents;
4. An applying entity may show ownership of non-Oklahoma
residents, but that percentage ownership may not exceed twenty-five
percent (25%);
5. All applying individuals or entities must be registered to
conduct business in the State of Oklahoma;
6. All applicants must disclose all ownership;
7. Applicant(s) with only nonviolent felony conviction(s) in the
last two (2) years, any other felony conviction in five 5 (years),
inmates, or any person currently incarcerated may not qualify for a
medical marijuana dispensary license.
C. Retailers will be required to complete a monthly sales report
to the Oklahoma Department of Health. This report will be due on the
15th of each month and provide reporting on the previous month. This
report will detail the weight of marijuana purchased at wholesale and
the weight of marijuana sold to card holders, and account for any
waste. The report will show total sales in dollars, tax collected in
dollars, and tax due in dollars. The Oklahoma State Department of
Health will have oversight and auditing responsibilities to ensure
that all marijuana being grown is accounted for. A retailer will
only be subject to a penalty if a gross discrepancy exists and cannot
be explained. Penalties for fraudulent reporting occurring within
any 2 year time period will be an initial fine of Five Thousand
Dollars ($5,000.00) (first) and revocation of licensing (second).
D. Only a licensed medical marijuana retailer may conduct retail
sales of marijuana, or marijuana derivatives in the form provided by
licensed processors, and these products can only be sold to a medical
marijuana license holder or their caregiver. Penalties for
fraudulent sales occurring within any 2 year time period will be an
initial fine of Five Thousand Dollars ($5,000.00) (first) and
revocation of licensing (second).
Added by Section 2, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
§63-422. Medical marijuana commercial grower license application –
Fee – Criteria for license.
A. The Oklahoma State Department of Health will within thirty
(30) days of passage of this initiative, make available, on their
website, in an easy to find location, an application for a commercial
grower license. The application fee will be Two Thousand Five
Hundred Dollars ($2,500.00) and methods of payment will be provided
on the website. The Oklahoma State Department of Health has two (2)
weeks to review application, approve or reject the application, and
mail the approval/rejection letter (if rejected, stating reasons for
rejection) to the applicant.
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B. The Oklahoma State Department of Health must approve all
applications which meet the following criteria:
1. Applicant must be age twenty-five (25) or older;
2. Any applicant, applying as an individual, must show residency
in the State of Oklahoma;
3. All applying entities must show that all members, managers,
and board members are Oklahoma residents;
4. An applying entity may show ownership of non-Oklahoma
residents, but that percentage ownership may not exceed twenty-five
percent (25%);
5. All applying individuals or entities must be registered to
conduct business in the State of Oklahoma;
6. All applicants must disclose all ownership;
7. Applicant(s) with only nonviolent felony conviction(s) in the
last two (2) years, any other felony conviction in five (5) years,
inmates, or any person currently incarcerated may not qualify for a
commercial grower license.
C. A licensed commercial grower may sell marijuana to a licensed
retailer, or a licensed packager. Further, these sales will be
considered wholesale sales and not subject to taxation. Under no
circumstances may a licensed commercial grower sell marijuana
directly to a medical marijuana license holder. A licensed
commercial grower may only sell at the wholesale level to a licensed
retailer or a licensed processor. If the federal government lifts
restrictions on buying and selling marijuana between states, then a
licensed commercial grower would be allowed to sell and buy marijuana
wholesale from, or to, an out of state wholesale provider. A
licensed commercial grower will be required to complete a monthly
yield and sales report to the Oklahoma Department of Health. This
report will be due on the 15th of each month and provide reporting on
the previous month. This report will detail amount of marijuana
harvested in pounds, the amount of drying or dried marijuana on hand,
the amount of marijuana sold to processors in pounds, the amount of
waste in pounds, and the amount of marijuana sold to retailers in
lbs. Additionally, this report will show total wholesale sales in
dollars. The Oklahoma State Department of Health will have oversight
and auditing responsibilities to ensure that all marijuana being
grown is accounted for. A licensed grower will only be subject to a
penalty if a gross discrepancy exists and cannot be explained.
Penalties for fraudulent reporting or sales occurring within any 2
year time period will be an initial fine of Five Thousand Dollars
($5,000.00) (first) and revocation of licensing (second).
D. There shall be no limits on how much marijuana a licensed
grower can grow.
Added by Section 3, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
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§63-423. Medical marijuana processing license application – Fee –
Criteria for license.
A. The Oklahoma State Department of Health shall within thirty
(30) days of passage of this initiative, make available, on their
website, in an easy to find location, an application for a medical
marijuana processing license. The application fee shall be Two
Thousand Five Hundred Dollars ($2,500.00) and methods of payment will
be provided on the website. The Oklahoma State Department of Health
shall have two (2) weeks to review the application, approve or reject
the application, and mail the approval/rejection letter (if rejected,
stating reasons for rejection) to the applicant.
B. The Oklahoma State Department of Health must approve all
applications which meet the following criteria:
1. Applicant must be age twenty-five (25) or older;
2. Any applicant, applying as an individual, must show residency
in the State of Oklahoma;
3. All applying entities must show that all members, managers,
and board members are Oklahoma residents;
4. An applying entity may show ownership of non-Oklahoma
residents, but that percentage ownership may not exceed twenty-five
percent (25%);
5. All applying individuals or entities must be registered to
conduct business in the State of Oklahoma;
6. All applicants must disclose all ownership;
7. Applicant(s) with only nonviolent felony conviction(s) in the
last two (2) years, any other felony conviction in five (5) years,
inmates, or any person currently incarcerated may not qualify for a
medical marijuana processing license.
C. A licensed processor may take marijuana plants and distill or
process these plants into concentrates, edibles, and other forms for
consumption. As required by subsection D of this section, the
Oklahoma State Department of Health will, within sixty (60) days of
passage of this initiative, make available a set of standards which
will be used by licensed processors in the preparation of edible
marijuana products. This should be in line with current food
preparation guidelines and no excessive or punitive rules may be
established by the Oklahoma State Department of Health. Once a year,
the Oklahoma State Department of Health may inspect a processing
operation and determine its compliance with the preparation
standards. If deficiencies are found, a written report of deficiency
will be issued to the processor. The processor will have one (1)
month to correct the deficiency or be subject to a fine of Five
Hundred Dollars ($500.00) for each deficiency. A licensed processor
may sell marijuana products it creates to a licensed retailer, or any
other licensed processor. Further, these sales will be considered
wholesale sales and not subject to taxation. Under no circumstances
may a licensed processor sell marijuana, or any marijuana product,
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directly to a medical marijuana license holder. However, a licensed
processor may process cannabis into a concentrated form, for a
medical license holder, for a fee. Processors will be required to
complete a monthly yield and sales report to the Oklahoma State
Department of Health. This report will be due on the 15th of each
month and provide reporting on the previous month. This report will
detail amount of marijuana purchased in pounds, the amount of
marijuana cooked or processed in pounds, and the amount of waste in
pounds. Additionally, this report will show total wholesale sales in
dollars. The Oklahoma State Department of Health will have oversight
and auditing responsibilities to ensure that all marijuana being
grown is accounted for. A licensed processor will only be subject to
a penalty if a gross discrepancy exists and cannot be explained.
Penalties for fraudulent reporting occurring within any 2 year time
period will be an initial fine of Five Thousand Dollars ($5,000.00)
(first) and revocation of licensing (second).
D. The inspection and compliance of processors producing
products with marijuana as an additive. The Oklahoma State
Department of Health will be compelled to, within thirty (30) days of
passage of this initiative, appoint a board of twelve (12) Oklahoma
residents, who are marijuana industry experts, to create a list of
food safety standards for processing and handling medical marijuana
in Oklahoma. These standards will be adopted by the agency and the
agency can enforce these standards for processors. The agency will
develop a standards review procedure and these standards can be
altered by calling another board of twelve (12) Oklahoma marijuana
industry experts. A signed letter of twenty (20) operating
processors would constitute a need for a new board and standard
review.
E. If it becomes permissible, under federal law, marijuana may
be moved across state lines.
F. Any device used for the consumption of medical marijuana
shall be considered legal to be sold, manufactured, distributed, and
possessed. No merchant, wholesaler, manufacturer, or individual may
unduly be harassed or prosecuted for selling, manufacturing, or
possession of medical marijuana paraphernalia.
Added by Section 4, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
§63-424. Marijuana transportation license.
A. A marijuana transportation license will be issued to
qualifying applicants for a marijuana retail, growing, or processing
license. The transportation license will be issued at the time of
approval of a retail, growing, or processing license.
B. A transportation license will allow the holder to transport
marijuana from an Oklahoma licensed medical marijuana retailer,
licensed growing facility, or licensed processor facility to an
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Oklahoma licensed medical marijuana retailer, licensed growing
facility, or licensed processing facility.
C. All marijuana or marijuana products shall be transported in a
locked container and clearly labeled "Medical Marijuana or
Derivative".
Added by Section 5, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
§63-425. See the following versions:
OS 63-425v1 (SB 811, Laws 2019, c. 378, § 2).
OS 63-425v2 (SB 1030, Laws 2019, c. 509, § 3).
§63-425v1. Discrimination against medical marijuana license holder.
A. No school or landlord may refuse to enroll or lease to and
may not otherwise penalize a person solely for his or her status as a
medical marijuana license holder, unless failing to do so would
imminently cause the school or landlord to lose a monetary or
licensing related benefit under federal law or regulations.
B. Unless a failure to do so would cause an employer to
imminently lose a monetary or licensing related benefit under federal
law or regulations, an employer may not discriminate against a person
in hiring, termination or imposing any term or condition of
employment or otherwise penalize a person based upon either:
1. The person's status as a medical marijuana license holder; or
2. Employers may take action against a holder of a medical
marijuana license holder if the holder uses or possesses marijuana
while in the holder's place of employment or during the hours of
employment. Employers may not take action against the holder of a
medical marijuana license solely based upon the status of an employee
as a medical marijuana license holder or the results of a drug test
showing positive for marijuana or its components.
C. For the purposes of medical care, including organ
transplants, a medical marijuana license holder's authorized use of
marijuana shall be considered the equivalent of the use of any other
medication under the direction of a physician and does not constitute
the use of an illicit substance or otherwise disqualify a registered
qualifying patient from medical care.
D. No medical marijuana license holder may be denied custody of
or visitation or parenting time with a minor, and there is no
presumption of neglect or child endangerment for conduct allowed
under this law, unless the person's behavior creates an unreasonable
danger to the safety of the minor.
E. No person holding a medical marijuana license may unduly be
withheld from holding a state issued license by virtue of their being
a medical marijuana license holder, including but not limited to a
concealed carry permit.
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F. No city or local municipality may unduly change or restrict
zoning laws to prevent the opening of a retail marijuana
establishment.
G. The location of any retail marijuana establishment is
specifically prohibited within one thousand (1,000) feet of any
public or private school entrance.
H. Research shall be provided for under this law. A researcher
may apply to the State Department of Health for a special research
license. The license shall be granted provided the applicant meets
the criteria listed under subsection B of Section 421 of this title.
Research license holders shall be required to file monthly
consumption reports to the State Department of Health with amounts of
marijuana used for research. Biomedical and clinical research which
is subject to federal regulations and institutional oversight shall
not be subject to State Department of Health oversight.
Added by Section 6, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
Amended by Laws 2019, c. 378, § 2, emerg. eff. May 14, 2019.
§63-425v2. Discrimination against medical marijuana license holder.
A. No school or landlord may refuse to enroll or lease to and
may not otherwise penalize a person solely for his or her status as a
medical marijuana license holder, unless failing to do so would cause
the school or landlord the potential to lose a monetary or licensing-
related benefit under federal law or regulations.
B. Unless a failure to do so would cause an employer the
potential to lose a monetary or licensing-related benefit under
federal law or regulations, an employer may not discriminate against
a person in hiring, termination or imposing any term or condition of
employment or otherwise penalize a person based upon either:
1. The status of the person as a medical marijuana license
holder; or
2. Employers may take action against a holder of a medical
marijuana license if the holder uses or possesses marijuana while in
his or her place of employment or during the hours of employment.
Employers may not take action against the holder of a medical
marijuana license solely based upon the status of an employee as a
medical marijuana license holder or the results of a drug test
showing positive for marijuana or its components.
C. For the purposes of medical care, including organ
transplants, the authorized use of marijuana by a medical marijuana
license holder shall be considered the equivalent of the use of any
other medication under the direction of a physician and does not
constitute the use of an illicit substance or otherwise disqualify a
registered qualifying patient from medical care.
D. No medical marijuana license holder may be denied custody of
or visitation or parenting time with a minor, and there is no
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presumption of neglect or child endangerment for conduct allowed
under this law, unless the behavior of the person creates an
unreasonable danger to the safety of the minor.
E. No person holding a medical marijuana license may unduly be
withheld from holding a state-issued license by virtue of their being
a medical marijuana license holder including, but not limited to, a
concealed carry permit.
F. 1. No city or local municipality may unduly change or
restrict zoning laws to prevent the opening of a retail marijuana
establishment.
2. For purposes of this subsection, an undue change or
restriction of municipal zoning laws means an act which entirely
prevents retail marijuana establishments from operating within
municipal boundaries as a matter of law. Municipalities may follow
their standard planning and zoning procedures to determine if certain
zones or districts would be appropriate for locating marijuana-
licensed premises, medical marijuana businesses or any other premises
where marijuana or its by-products are cultivated, grown, processed,
stored or manufactured.
3. For purposes of this section, "retail marijuana
establishment" means an entity licensed by the State Department of
Health as a medical marijuana dispensary. Retail marijuana
establishment does not include those other entities licensed by the
Department as marijuana-licensed premises, medical marijuana
businesses or other facilities or locations where marijuana or any
product containing marijuana or its by-products are cultivated,
grown, processed, stored or manufactured.
G. The location of any retail marijuana establishment is
specifically prohibited within one thousand (1,000) feet of any
public or private school entrance.
H. Research shall be provided for under this law. A researcher
may apply to the State Department of Health for a special research
license. The license shall be granted, provided the applicant meets
the criteria listed under subsection B of Section 421 of this title.
Research license holders shall be required to file monthly
consumption reports to the State Department of Health with amounts of
marijuana used for research.
Added by Section 6, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
Amended by Laws 2019, c. 509, § 3.
§63-426. Tax on retail medical marijuana.
A. The tax on retail medical marijuana sales will be established
at seven percent (7%) of the gross amount received by the seller.
B. This tax will be collected at the point of sale. Tax
proceeds will be applied primarily to finance the regulatory office.
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C. If proceeds from the levy authorized by subsection A of this
section exceed the budgeted amount for running the regulatory office,
any surplus shall be apportioned with seventy-five percent (75%)
going to the General Revenue Fund and may only be expended for common
education. Twenty-five percent (25%) shall be apportioned to the
Oklahoma State Department of Health and earmarked for drug and
alcohol rehabilitation.
Added by Section 7, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
§63-426.1. Licensure revocation hearings to be recorded – Sharing
information with law enforcement - Sharing information with political
subdivisions – Certificate of compliance with political subdivision.
A. Except for revocation hearings concerning licensed patients,
as defined in Section 2 of Enrolled House Bill No. 2612 of the 1st
Session of the 57th Oklahoma Legislature, all licensure revocation
hearings conducted pursuant to marijuana licenses established in the
Oklahoma Statutes shall be recorded. A party may request a copy of
the recording of the proceedings. Copies shall be provided to local
law enforcement if the revocation was based on alleged criminal
activity.
B. The State Department of Health shall assist any law
enforcement officer in the performance of his or her duties upon such
request by the law enforcement officer or the request of other local
officials having jurisdiction. Except for license information
concerning licensed patients, as defined in Section 2 of Enrolled
House Bill No. 2612 of the 1st Session of the 57th Oklahoma
Legislature, the Department shall share information with law
enforcement agencies upon request without a subpoena or search
warrant.
C. The State Department of Health shall make available all
information displayed on medical marijuana licenses, as well as
whether or not the license is valid, to law enforcement
electronically through the Oklahoma Law Enforcement
Telecommunications System.
D. The Department shall make available to political subdivisions
a list of marijuana-licensed premises, medical marijuana businesses
or any other premises where marijuana or its by-products are licensed
to be cultivated, grown, processed, stored or manufactured to aid
county and municipal governments in identifying locations within
their jurisdiction and ensure compliance with local regulations.
E. All marijuana-licensed premises, medical marijuana businesses
or any other premises where marijuana or its by-products are licensed
to be cultivated, grown, processed, stored or manufactured shall
submit with their application, after notifying the political
subdivision of their intent, a certificate of compliance from the
political subdivision where the facility of the applicant or use is
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to be located certifying compliance with zoning classifications,
applicable municipal ordinances and all applicable safety,
electrical, fire, plumbing, waste, construction and building
specification codes.
Added by Laws 2019, c. 509, § 4.
NOTE: Editorially renumbered from § 427 of this title to avoid a
duplication in numbering.
§63-427.1. Short title - Oklahoma Medical Marijuana and Patient
Protection Act.
This act shall be known and may be cited as the "Oklahoma Medical
Marijuana and Patient Protection Act".
Added by Laws 2019, c. 11, § 1.
§63-427.2. See the following versions:
OS 63-427.2v1 (SB 882, Laws 2019, c. 337, § 5).
OS 63-427.2v2 (HB 2613, Laws 2019, c. 390, § 1).
§63-427.2v1. Definitions.
As used in this act:
1. "Advertising" means the act of providing consideration for
the publication, dissemination, solicitation, or circulation of
visual, oral, or written communication to induce directly or
indirectly any person to patronize a particular medical marijuana
business, or to purchase particular medical marijuana or a medical
marijuana product. Advertising includes marketing, but does not
include packaging and labeling;
2. "Authority" means the Oklahoma Medical Marijuana Authority;
3. "Batch number" means a unique numeric or alphanumeric
identifier assigned prior to testing to allow for inventory tracking
and traceability;
4. "Cannabinoid" means any of the chemical compounds that are
active principles of marijuana;
5. "Caregiver" means a family member or assistant who regularly
looks after a medical marijuana license holder whom a physician
attests needs assistance;
6. "Child-resistant" means special packaging that is:
a. designed or constructed to be significantly difficult
for children under five (5) years of age to open and
not difficult for normal adults to use properly as
defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.
1700.20 (1995),
b. opaque so that the outermost packaging does not allow
the product to be seen without opening the packaging
material, and
c. resealable to maintain its child-resistant
effectiveness for multiple openings for any product
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intended for more than a single use or containing
multiple servings;
7. "Clone" means a nonflowering plant cut from a mother plant
that is capable of developing into a new plant and has shown no signs
of flowering;
8. "Commissioner" means the State Commissioner of Health;
9. "Complete application" means a document prepared in
accordance with the provisions set forth in this act, rules
promulgated pursuant thereto, and the forms and instructions provided
by the Department, including any supporting documentation required
and the applicable license application fee;
10. "Department" means the State Department of Health;
11. "Director" means the Executive Director of the Oklahoma
Medical Marijuana Authority;
12. "Dispense" means the selling of medical marijuana or a
medical marijuana product to a qualified patient or the designated
caregiver of the patient that is packaged in a suitable container
appropriately labeled for subsequent administration to or use by a
qualifying patient;
13. "Dispensary" means a medical marijuana dispensary, an entity
that has been licensed by the Department pursuant to this act to
purchase medical marijuana or medical marijuana products from a
licensed medical marijuana commercial grower or medical marijuana
processor, sell medical marijuana or medical marijuana products to
patients and caregivers as defined under this act, or sell or
transfer products to another dispensary;
14. "Edible medical marijuana product" means any medical-
marijuana-infused product for which the intended use is oral
consumption including, but not limited to, any type of food, drink or
pill;
15. "Entity" means an individual, general partnership, limited
partnership, limited liability company, trust, estate, association,
corporation, cooperative, or any other legal or commercial entity;
16. "Flower" means the reproductive organs of the marijuana or
cannabis plant referred to as the bud or parts of the plant that are
harvested and used to consume in a variety of medical marijuana
products;
17. "Flowering" means the reproductive state of the marijuana or
cannabis plant in which there are physical signs of flower or budding
out of the nodes of the stem;
18. "Food-based medical marijuana concentrate" means a medical
marijuana concentrate that was produced by extracting cannabinoids
from medical marijuana through the use of propylene glycol, glycerin,
butter, olive oil, coconut oil or other typical food-safe cooking
fats;
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19. "Good cause" for purposes of an initial, renewal or
reinstatement license application, or for purposes of discipline of a
licensee, means:
a. the licensee or applicant has violated, does not meet,
or has failed to comply with any of the terms,
conditions or provisions of the act, any rules
promulgated pursuant thereto, or any supplemental
relevant state or local law, rule or regulation,
b. the licensee or applicant has failed to comply with any
special terms or conditions that were placed upon the
license pursuant to an order of the State Department of
Health, Oklahoma Medical Marijuana Authority or the
municipality, or
c. the licensed premises of a medical marijuana business
or applicant have been operated in a manner that
adversely affects the public health or welfare or the
safety of the immediate vicinity in which the
establishment is located;
20. "Harvest batch" means a specifically identified quantity of
medical marijuana that is uniform in strain, cultivated utilizing the
same cultivation practices, harvested at the same time from the same
location and cured under uniform conditions;
21. "Harvested marijuana" means post-flowering medical marijuana
not including trim, concentrate or waste;
22. "Heat- or pressure-based medical marijuana concentrate"
means a medical marijuana concentrate that was produced by extracting
cannabinoids from medical marijuana through the use of heat or
pressure;
23. "Immature plant" means a nonflowering marijuana plant that
has not demonstrated signs of flowering;
24. "Inventory tracking system" means the required tracking
system that accounts for medical marijuana from either the seed or
immature plant stage until the medical marijuana or medical marijuana
product is sold to a patient at a medical marijuana dispensary,
transferred to a medical marijuana research facility, destroyed by a
medical marijuana business or used in a research project by a medical
marijuana research facility;
25. "Licensed patient" or "patient" means a person who has been
issued a medical marijuana patient license by the State Department of
Health or Oklahoma Medical Marijuana Authority;
26. "Licensed premises" means the premises specified in an
application for a medical marijuana business license, medical
marijuana research facility license or medical marijuana education
facility license pursuant to this act that are owned or in possession
of the licensee and within which the licensee is authorized to
cultivate, manufacture, distribute, sell, store, transport, test or
research medical marijuana or medical marijuana products in
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accordance with the provisions of this act and rules promulgated
pursuant thereto;
27. "Manufacture" means the production, propagation, compounding
or processing of a medical marijuana product, excluding marijuana
plants, 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;
28. "Marijuana" shall have the same meaning as such term is
defined in Section 2-101 of Title 63 of the Oklahoma Statutes;
29. "Material change" means any change that would require a
substantive revision to the standard operating procedures of a
licensee for the cultivation or production of medical marijuana,
medical marijuana concentrate or medical marijuana products;
30. "Mature plant" means a harvestable female marijuana plant
that is flowering;
31. "Medical marijuana business (MMB)" means a licensed medical
marijuana dispensary, medical marijuana processor, medical marijuana
commercial grower, medical marijuana laboratory, medical marijuana
business operator, or a medical marijuana transporter;
32. "Medical marijuana concentrate" or "concentrate" means a
specific subset of medical marijuana that was produced by extracting
cannabinoids from medical marijuana. Categories of medical marijuana
concentrate include water-based medical marijuana concentrate, food-
based medical marijuana concentrate, solvent-based medical marijuana
concentrate, and heat- or pressure-based medical marijuana
concentrate;
33. "Medical marijuana commercial grower" or "commercial grower"
means an entity licensed to cultivate, prepare and package medical
marijuana and transfer or contract for transfer medical marijuana to
a medical marijuana dispensary, medical marijuana processor, any
other medical marijuana commercial grower, medical marijuana research
facility, medical marijuana education facility and pesticide
manufacturers. A commercial grower may sell seeds, flower or clones
to commercial growers pursuant to this act;
34. "Medical marijuana education facility" or "education
facility" means a person or entity approved pursuant to this act to
operate a facility providing training and education to individuals
involving the cultivation, growing, harvesting, curing, preparing,
packaging or testing of medical marijuana, or the production,
manufacture, extraction, processing, packaging or creation of
medical-marijuana-infused products or medical marijuana products as
described in this act;
35. "Medical-marijuana-infused product" means a product infused
with medical marijuana including, but not limited to, edible
products, ointments and tinctures;
36. "Medical marijuana product" or "product" means a product
that contains cannabinoids that have been extracted from plant
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material or the resin therefrom by physical or chemical means and is
intended for administration to a qualified patient including, but not
limited to, oils, tinctures, edibles, pills, topical forms, gels,
creams, vapors, patches, liquids, and forms administered by a
nebulizer, excluding live plant forms which are considered medical
marijuana;
37. "Medical marijuana processor" means a person or entity
licensed pursuant to this act to operate a business including the
production, manufacture, extraction, processing, packaging or
creation of concentrate, medical-marijuana-infused products or
medical marijuana products as described in this act;
38. "Medical marijuana research facility" or "research facility"
means a person or entity approved pursuant to this act to conduct
medical marijuana research. A medical marijuana research facility is
not a medical marijuana business;
39. "Medical marijuana testing laboratory" or "laboratory" means
a public or private laboratory licensed pursuant to this act, to
conduct testing and research on medical marijuana and medical
marijuana products;
40. "Medical marijuana transporter" or "transporter" means a
person or entity that is licensed pursuant to this act. A medical
marijuana transporter does not include a medical marijuana business
that transports its own medical marijuana, medical marijuana
concentrate or medical marijuana products to a property or facility
adjacent to or connected to the licensed premises if the property is
another licensed premises of the same medical marijuana business;
41. "Medical marijuana waste" or "waste" means unused, surplus,
returned or out-of-date marijuana, plant debris of the plant of the
genus Cannabis, including dead plants and all unused plant parts,
except the term shall not include roots, stems, stalks and fan
leaves;
42. "Medical use" means the acquisition, possession, use,
delivery, transfer or transportation of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medical marijuana to treat a
licensed patient;
43. "Mother plant" means a marijuana plant that is grown or
maintained for the purpose of generating clones, and that will not be
used to produce plant material for sale to a medical marijuana
processor or medical marijuana dispensary;
44. "Oklahoma physician" or "physician" means a physician
licensed by and in good standing with the State Board of Medical
Licensure and Supervision or the State Board of Osteopathic
Examiners;
45. "Oklahoma resident" means an individual who can provide
proof of residency as required by this act;
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46. "Owner" means, except where the context otherwise requires,
a direct beneficial owner including, but not limited to, all persons
or entities as follows:
a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a general partnership,
c. all general partners and all limited partners that own
an interest in a limited partnership,
d. all members that own an interest in a limited liability
company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f. all persons or entities that own interest in a joint
venture,
g. all persons or entities that own an interest in an
association,
h. the owners of any other type of legal entity, and
i. any other person holding an interest or convertible
note in any entity which owns, operates or manages a
licensed facility;
47. "Package" or "packaging" means any container or wrapper that
may be used by a medical marijuana business to enclose or contain
medical marijuana;
48. "Person" means a natural person, partnership, association,
business trust, company, corporation, estate, limited liability
company, trust or any other legal entity or organization, or a
manager, agent, owner, director, servant, officer or employee
thereof, except that "person" does not include any governmental
organization;
49. "Pesticide" means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any pest
or any substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant, except that the term "pesticide"
shall not include any article that is a "new animal drug" as
designated by the United States Food and Drug Administration;
50. "Production batch" means:
a. any amount of medical marijuana concentrate of the same
category and produced using the same extraction
methods, standard operating procedures and an identical
group of harvest batch of medical marijuana, or
b. any amount of medical marijuana product of the same
exact type, produced using the same ingredients,
standard operating procedures and the same production
batch of medical marijuana concentrate;
51. "Public institution" means any entity established or
controlled by the federal government, state government, or a local
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government or municipality including, but not limited to,
institutions of higher education or related research institutions;
52. "Public money" means any funds or money obtained by the
holder from any governmental entity including, but not limited to,
research grants;
53. "Recommendation" means a document that is signed or
electronically submitted by a physician on behalf of a patient for
the use of medical marijuana pursuant to this act;
54. "Registered to conduct business" means a person that has
provided proof that the business applicant is in good standing with
the Oklahoma Secretary of State and Oklahoma Tax Commission;
55. "Remediation" means the process by which the medical
marijuana flower or trim, which has failed microbial testing, is
processed into solvent-based medical marijuana concentrate and
retested as required by this act;
56. "Research project" means a discrete scientific endeavor to
answer a research question or a set of research questions related to
medical marijuana and is required for a medical marijuana research
license. A research project shall include a description of a defined
protocol, clearly articulated goals, defined methods and outputs, and
a defined start and end date. The description shall demonstrate that
the research project will comply with all requirements in this act
and rules promulgated pursuant thereto. All research and development
conducted by a medical marijuana research facility shall be conducted
in furtherance of an approved research project;
57. "Revocation" means the final decision by the Department that
any license issued pursuant to this act is rescinded because the
individual or entity does not comply with the applicable requirements
set forth in this act or rules promulgated pursuant thereto;
58. "School" means a public or private preschool or a public or
private elementary or secondary school used for school classes and
instruction. A homeschool, daycare or child-care facility shall not
be considered a "school" as used in this act;
59. "Shipping container" means a hard-sided container with a lid
or other enclosure that can be secured in place. A shipping
container is used solely for the transport of medical marijuana,
medical marijuana concentrate, or medical marijuana products between
medical marijuana businesses, a medical marijuana research facility,
or a medical marijuana education facility;
60. "Solvent-based medical marijuana concentrate" means a
medical marijuana concentrate that was produced by extracting
cannabinoids from medical marijuana through the use of a solvent
approved by the Department;
61. "State Question" means Oklahoma State Question No. 788,
Initiative Petition No. 412, approved by a majority vote of the
citizens of Oklahoma on June 26, 2018;
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62. "Strain" means the classification of marijuana or cannabis
plants in either pure sativa, indica, afghanica, ruderalis or hybrid
varieties;
63. "THC" means tetrahydrocannabinol, which is the primary
psychotropic cannabinoid in marijuana formed by decarboxylation of
naturally tetrahydrocannabinolic acid, which generally occurs by
exposure to heat;
64. "Test batch" means with regard to usable marijuana, a
homogenous, identified quantity of usable marijuana by strain that is
harvested during a seven-day period from a specified cultivation
area, and with regard to oils, vapors and waxes derived from usable
marijuana, means an identified quantity that is uniform, that is
intended to meet specifications for identity, strength and
composition, and that is manufactured, packaged and labeled during a
specified time period according to a single manufacturing, packaging
and labeling protocol;
65. "Transporter agent" means a person who transports medical
marijuana or medical marijuana products for a licensed transporter
and holds a transporter agent license pursuant to this act;
66. "Universal symbol" means the image established by the State
Department of Health or Oklahoma Medical Marijuana Authority and made
available to licensees through its website indicating that the
medical marijuana or the medical marijuana product contains THC;
67. "Usable marijuana" means the dried leaves, flowers, oils,
vapors, waxes and other portions of the marijuana plant and any
mixture or preparation thereof, excluding seed, roots, stems, stalks
and fan leaves; and
68. "Water-based medical marijuana concentrate" means a
concentrate that was produced by extracting cannabinoids from medical
marijuana through the use of only water, ice, or dry ice.
Added by Laws 2019, c. 11, § 2. Amended by Laws 2019, c. 337, § 5,
eff. Nov. 1, 2019.
§63-427.2v2. Definitions.
As used in this act:
1. "Advertising" means the act of providing consideration for
the publication, dissemination, solicitation, or circulation, of
visual, oral, or written communication, to induce directly or
indirectly any person to patronize a particular medical marijuana
business, or to purchase particular medical marijuana or a medical
marijuana product. Advertising includes marketing, but does not
include packaging and labeling;
2. "Authority" means the Oklahoma Medical Marijuana Authority;
3. "Batch number" means a unique numeric or alphanumeric
identifier assigned prior to testing to allow for inventory tracking
and traceability;
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4. "Cannabinoid" means any of the chemical compounds that are
active principles of marijuana;
5. "Caregiver" means a family member or assistant who regularly
looks after a medical marijuana license holder whom a physician
attests needs assistance;
6. "Child-resistant" means special packaging that is:
a. designed or constructed to be significantly difficult
for children under five (5) years of age to open and
not difficult for normal adults to use properly as
defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.
1700.20 (1995),
b. opaque so that the outermost packaging does not allow
the product to be seen without opening the packaging
material, and
c. resealable to maintain its child-resistant
effectiveness for multiple openings for any product
intended for more than a single use or containing
multiple servings;
7. "Clone" means a nonflowering plant cut from a mother plant
that is capable of developing into a new plant and has shown no signs
of flowering;
8. "Commissioner" means the State Commissioner of Health;
9. "Complete application" means a document prepared in
accordance with the provisions set forth in this act, rules
promulgated pursuant thereto, and the forms and instructions provided
by the Department, including any supporting documentation required
and the applicable license application fee;
10. "Department" means the State Department of Health;
11. "Director" means the Executive Director of the Oklahoma
Medical Marijuana Authority;
12. "Dispense" means the selling of medical marijuana or a
medical marijuana product to a qualified patient or the designated
caregiver of the patient that is packaged in a suitable container
appropriately labeled for subsequent administration to or use by a
qualifying patient;
13. "Dispensary" means a medical marijuana dispensary, an entity
that has been licensed by the Department pursuant to this act to
purchase medical marijuana or medical marijuana products from a
licensed medical marijuana commercial grower or medical marijuana
processor, sell medical marijuana or medical marijuana products to
patients and caregivers as defined under this act, or sell or
transfer products to another dispensary;
14. "Edible medical marijuana product" means any medical-
marijuana-infused product for which the intended use is oral
consumption including, but not limited to, any type of food, drink or
pill;
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15. "Entity" means an individual, general partnership, limited
partnership, limited liability company, trust, estate, association,
corporation, cooperative, or any other legal or commercial entity;
16. "Flower" means the reproductive organs of the marijuana or
cannabis plant referred to as the bud or parts of the plant that are
harvested and used to consume in a variety of medical marijuana
products;
17. "Flowering" means the reproductive state of the marijuana or
cannabis plant in which there are physical signs of flower or budding
out of the nodes of the stem;
18. "Food-based medical marijuana concentrate" means a medical
marijuana concentrate that was produced by extracting cannabinoids
from medical marijuana through the use of propylene glycol, glycerin,
butter, olive oil, coconut oil or other typical food-safe cooking
fats;
19. "Good cause" for purposes of an initial, renewal or
reinstatement license application, or for purposes of discipline of a
licensee, means:
a. the licensee or applicant has violated, does not meet,
or has failed to comply with any of the terms,
conditions or provisions of the act, any rules
promulgated pursuant thereto, or any supplemental
relevant state or local law, rule or regulation,
b. the licensee or applicant has failed to comply with any
special terms or conditions that were placed upon the
license pursuant to an order of the State Department of
Health, Oklahoma Medical Marijuana Authority or the
municipality, or
c. the licensed premises of a medical marijuana business
or applicant have been operated in a manner that
adversely affects the public health or welfare or the
safety of the immediate vicinity in which the
establishment is located;
20. "Harvest batch" means a specifically identified quantity of
medical marijuana that is uniform in strain, cultivated utilizing the
same cultivation practices, harvested at the same time from the same
location and cured under uniform conditions;
21. "Harvested marijuana" means post-flowering medical marijuana
not including trim, concentrate or waste;
22. "Heat- or pressure-based medical marijuana concentrate"
means a medical marijuana concentrate that was produced by extracting
cannabinoids from medical marijuana through the use of heat or
pressure;
23. "Immature plant" means a nonflowering marijuana plant that
has not demonstrated signs of flowering;
24. "Inventory tracking system" means the required tracking
system that accounts for medical marijuana from either the seed or
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immature plant stage until the medical marijuana or medical marijuana
product is sold to a patient at a medical marijuana dispensary,
transferred to a medical marijuana research facility, destroyed by a
medical marijuana business or used in a research project by a medical
marijuana research facility;
25. "Licensed patient" or "patient" means a person who has been
issued a medical marijuana patient license by the State Department of
Health or Oklahoma Medical Marijuana Authority;
26. "Licensed premises" means the premises specified in an
application for a medical marijuana business license, medical
marijuana research facility license or medical marijuana education
facility license pursuant to this act that are owned or in possession
of the licensee and within which the licensee is authorized to
cultivate, manufacture, distribute, sell, store, transport, test or
research medical marijuana or medical marijuana products in
accordance with the provisions of this act and rules promulgated
pursuant thereto;
27. "Manufacture" means the production, propagation, compounding
or processing of a medical marijuana product, excluding marijuana
plants, 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;
28. "Marijuana" shall have the same meaning as such term is
defined in Section 2-101 of Title 63 of the Oklahoma Statutes;
29. "Material change" means any change that would require a
substantive revision to the standard operating procedures of a
licensee for the cultivation or production of medical marijuana,
medical marijuana concentrate or medical marijuana products;
30. "Mature plant" means a harvestable female marijuana plant
that is flowering;
31. "Medical marijuana business (MMB)" means a licensed medical
marijuana dispensary, medical marijuana processor, medical marijuana
commercial grower, medical marijuana laboratory, medical marijuana
business operator, or a medical marijuana transporter;
32. "Medical marijuana concentrate" or "concentrate" means a
specific subset of medical marijuana that was produced by extracting
cannabinoids from medical marijuana. Categories of medical marijuana
concentrate include water-based medical marijuana concentrate, food-
based medical marijuana concentrate, solvent-based medical marijuana
concentrate, and heat- or pressure-based medical marijuana
concentrate;
33. "Medical marijuana commercial grower" or "commercial grower"
means an entity licensed to cultivate, prepare and package medical
marijuana and transfer or contract for transfer medical marijuana to
a medical marijuana dispensary, medical marijuana processor, any
other medical marijuana commercial grower, medical marijuana research
facility, medical marijuana education facility and pesticide
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manufacturers. A commercial grower may sell seeds, flower or clones
to commercial growers pursuant to this act;
34. "Medical marijuana education facility" or "education
facility" means a person or entity approved pursuant to this act to
operate a facility providing training and education to individuals
involving the cultivation, growing, harvesting, curing, preparing,
packaging or testing of medical marijuana, or the production,
manufacture, extraction, processing, packaging or creation of
medical-marijuana-infused products or medical marijuana products as
described in this act;
35. "Medical-marijuana-infused product" means a product infused
with medical marijuana including, but not limited to, edible
products, ointments and tinctures;
36. "Medical marijuana product" or "product" means a product
that contains cannabinoids that have been extracted from plant
material or the resin therefrom by physical or chemical means and is
intended for administration to a qualified patient including, but not
limited to, oils, tinctures, edibles, pills, topical forms, gels,
creams, vapors, patches, liquids, and forms administered by a
nebulizer, excluding live plant forms which are considered medical
marijuana;
37. "Medical marijuana processor" means a person or entity
licensed pursuant to this act to operate a business including the
production, manufacture, extraction, processing, packaging or
creation of concentrate, medical-marijuana-infused products or
medical marijuana products as described in this act;
38. "Medical marijuana research facility" or "research facility"
means a person or entity approved pursuant to this act to conduct
medical marijuana research. A medical marijuana research facility is
not a medical marijuana business;
39. "Medical marijuana testing laboratory" or "laboratory" means
a public or private laboratory licensed pursuant to this act, to
conduct testing and research on medical marijuana and medical
marijuana products;
40. "Medical marijuana transporter" or "transporter" means a
person or entity that is licensed pursuant to this act. A medical
marijuana transporter does not include a medical marijuana business
that transports its own medical marijuana, medical marijuana
concentrate or medical marijuana products to a property or facility
adjacent to or connected to the licensed premises if the property is
another licensed premises of the same medical marijuana business;
41. "Medical marijuana waste" or "waste" means unused, surplus,
returned or out-of-date marijuana, plant debris of the plant of the
genus Cannabis, including dead plants and all unused plant parts and
roots;
42. "Medical use" means the acquisition, possession, use,
delivery, transfer or transportation of medical marijuana, medical
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marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medical marijuana to treat a
licensed patient;
43. "Mother plant" means a marijuana plant that is grown or
maintained for the purpose of generating clones, and that will not be
used to produce plant material for sale to a medical marijuana
processor or medical marijuana dispensary;
44. "Oklahoma physician" or "physician" means a physician
licensed by and in good standing with the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners
or the Board of Podiatric Medical Examiners;
45. "Oklahoma resident" means an individual who can provide
proof of residency as required by this act;
46. "Owner" means, except where the context otherwise requires,
a direct beneficial owner including, but not limited to, all persons
or entities as follows:
a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a general partnership,
c. all general partners and all limited partners that own
an interest in a limited partnership,
d. all members that own an interest in a limited liability
company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f. all persons or entities that own interest in a joint
venture,
g. all persons or entities that own an interest in an
association,
h. the owners of any other type of legal entity, and
i. any other person holding an interest or convertible
note in any entity which owns, operates or manages a
licensed facility;
47. "Package" or "packaging" means any container or wrapper that
may be used by a medical marijuana business to enclose or contain
medical marijuana;
48. "Person" means a natural person, partnership, association,
business trust, company, corporation, estate, limited liability
company, trust or any other legal entity or organization, or a
manager, agent, owner, director, servant, officer or employee
thereof, except that "person" does not include any governmental
organization;
49. "Pesticide" means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any pest
or any substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant, except that the term "pesticide"
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shall not include any article that is a "new animal drug" as
designated by the United States Food and Drug Administration;
50. "Production batch" means:
a. any amount of medical marijuana concentrate of the same
category and produced using the same extraction
methods, standard operating procedures and an identical
group of harvest batch of medical marijuana, or
b. any amount of medical marijuana product of the same
exact type, produced using the same ingredients,
standard operating procedures and the same production
batch of medical marijuana concentrate;
51. "Public institution" means any entity established or
controlled by the federal government, state government, or a local
government or municipality including, but not limited to,
institutions of higher education or related research institutions;
52. "Public money" means any funds or money obtained by the
holder from any governmental entity including, but not limited to,
research grants;
53. "Recommendation" means a document that is signed or
electronically submitted by a physician on behalf of a patient for
the use of medical marijuana pursuant to this act;
54. "Registered to conduct business" means a person that has
provided proof that the business applicant is in good standing with
the Oklahoma Secretary of State and Oklahoma Tax Commission;
55. "Remediation" means the process by which the medical
marijuana flower or trim, which has failed microbial testing, is
processed into solvent-based medical marijuana concentrate and
retested as required by this act;
56. "Research project" means a discrete scientific endeavor to
answer a research question or a set of research questions related to
medical marijuana and is required for a medical marijuana research
license. A research project shall include a description of a defined
protocol, clearly articulated goals, defined methods and outputs, and
a defined start and end date. The description shall demonstrate that
the research project will comply with all requirements in this act
and rules promulgated pursuant thereto. All research and development
conducted by a medical marijuana research facility shall be conducted
in furtherance of an approved research project;
57. "Revocation" means the final decision by the Department that
any license issued pursuant to this act is rescinded because the
individual or entity does not comply with the applicable requirements
set forth in this act or rules promulgated pursuant thereto;
58. "School" means a public or private preschool or a public or
private elementary or secondary school used for school classes and
instruction. A homeschool, daycare or child-care facility shall not
be considered a "school" as used in this act;
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59. "Shipping container" means a hard-sided container with a lid
or other enclosure that can be secured in place. A shipping
container is used solely for the transport of medical marijuana,
medical marijuana concentrate, or medical marijuana products between
medical marijuana businesses, a medical marijuana research facility,
or a medical marijuana education facility;
60. "Solvent-based medical marijuana concentrate" means a
medical marijuana concentrate that was produced by extracting
cannabinoids from medical marijuana through the use of a solvent
approved by the Department;
61. "State Question" means Oklahoma State Question No. 788,
Initiative Petition No. 412, approved by a majority vote of the
citizens of Oklahoma on June 26, 2018;
62. "Strain" means the classification of marijuana or cannabis
plants in either pure sativa, indica, afghanica, ruderalis or hybrid
varieties;
63. "THC" means tetrahydrocannabinol, which is the primary
psychotropic cannabinoid in marijuana formed by decarboxylation of
naturally tetrahydrocannabinolic acid, which generally occurs by
exposure to heat;
64. "Test batch" means with regard to usable marijuana, a
homogenous, identified quantity of usable marijuana by strain, no
greater than ten (10) pounds, that is harvested during a seven-day
period from a specified cultivation area, and with regard to oils,
vapors and waxes derived from usable marijuana, means an identified
quantity that is uniform, that is intended to meet specifications for
identity, strength and composition, and that is manufactured,
packaged and labeled during a specified time period according to a
single manufacturing, packaging and labeling protocol;
65. "Transporter agent" means a person who transports medical
marijuana or medical marijuana products for a licensed transporter
and holds a transporter agent license pursuant to this act;
66. "Universal symbol" means the image established by the State
Department of Health or Oklahoma Medical Marijuana Authority and made
available to licensees through its website indicating that the
medical marijuana or the medical marijuana product contains THC;
67. "Usable marijuana" means the dried leaves, flowers, oils,
vapors, waxes and other portions of the marijuana plant and any
mixture or preparation thereof, excluding seed, roots and stalks; and
68. "Water-based medical marijuana concentrate" means a
concentrate that was produced by extracting cannabinoids from medical
marijuana through the use of only water, ice, or dry ice.
Added by Laws 2019, c. 11, § 2. Amended by Laws 2019, c. 312, § 3,
emerg. eff. May 7, 2019; Laws 2019, c. 390, § 1, emerg. eff. May 15,
2019.
§63-427.3. Oklahoma Medical Marijuana Authority – Creation - Duties.
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A. There is hereby created the Oklahoma Medical Marijuana
Authority within the State Department of Health which shall address
issues related to the medical marijuana program in Oklahoma
including, but not limited to, the issuance of patient licenses and
medical marijuana business licenses, and the dispensing, cultivating,
processing, testing, transporting, storage, research, and the use of
and sale of medical marijuana pursuant to this act.
B. The Department shall provide support staff to perform
designated duties of the Authority. The Department shall also
provide office space for meetings of the Authority.
C. The Department shall implement the provisions of this act
consistently with the voter-approved State Question No. 788,
Initiative Petition No. 412, subject to the provisions of this act.
D. The Department shall exercise its respective powers and
perform its respective duties and functions as specified in this act
and Title 63 of the Oklahoma Statutes including, but not limited to,
the following:
1. Determine steps the state shall take, whether administrative
or legislative in nature, to ensure that research on marijuana and
marijuana products is being conducted for public purposes, including
the advancement of:
a. public health policy and public safety policy,
b. agronomic and horticultural best practices, and
c. medical and pharmacopoeia best practices;
2. Contract with third-party vendors and other governmental
entities in order to carry out the respective duties and functions as
specified in this act;
3. Upon complaint or upon its own motion and upon a completed
investigation, levy fines as prescribed in this act and suspend or
revoke licenses pursuant to this act;
4. Issue subpoenas for the appearance or production of persons,
records and things in connection with disciplinary or contested cases
considered by the Department;
5. Apply for injunctive or declaratory relief to enforce the
provisions of this section and any rules promulgated pursuant to this
section;
6. Inspect and examine, with notice provided in accordance with
this act, all licensed premises of medical marijuana businesses,
research facilities and education facilities in which medical
marijuana is cultivated, manufactured, sold, stored, transported,
tested or distributed;
7. Upon action by the federal government by which the
production, sale and use of marijuana in Oklahoma does not violate
federal law, work with the Oklahoma State Banking Department and the
State Treasurer to develop good practices and standards for banking
and finance for medical marijuana businesses;
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8. Establish internal control procedures for licenses including
accounting procedures, reporting procedures and personnel policies;
9. Establish a fee schedule and collect fees for performing
background checks as the Commissioner deems appropriate. The fees
charged pursuant to this paragraph shall not exceed the actual cost
incurred for each background check; and
10. Require verification for sources of finance for medical
marijuana businesses.
Added by Laws 2019, c. 11, § 3. Amended by Laws 2019, c. 477, § 6.
§63-427.4. Oklahoma Medical Marijuana Authority – Executive
Director.
A. The Oklahoma Medical Marijuana Authority, in conjunction with
the State Department of Health, shall employ an Executive Director
and other personnel as necessary to assist the Authority in carrying
out its duties.
B. The Authority shall not employ an individual if any of the
following circumstances exist:
1. The individual has a direct or indirect interest in a
licensed medical marijuana business; or
2. The individual or his or her spouse, parent, child, spouse of
a child, sibling, or spouse of a sibling has an application for a
medical marijuana business license pending before the Department or
is a member of the board of directors of a medical marijuana
business, or is an individual financially interested in any licensee
or medical marijuana business.
C. All officers and employees of the Authority shall be in the
exempt unclassified service as provided for in Section 840-5.5 of
Title 74 of the Oklahoma Statutes.
D. The Commissioner may delegate to any officer or employee of
the Department any of the powers of the Executive Director and may
designate any officer or employee of the Department to perform any of
the duties of the Executive Director.
E. The Executive Director shall be authorized to suggest rules
governing the oversight and implementation of this act.
F. The Department is hereby authorized to create employment
positions necessary for the implementation of its obligations
pursuant to this act, including but not limited to Authority
investigators and a senior director of enforcement. The Department
and the Authority, the senior director of enforcement, the Executive
Director, and Department investigators shall have all the powers of
any peace officer to:
1. Investigate violations or suspected violations of this act
and any rules promulgated pursuant thereto;
2. Serve all warrants, summonses, subpoenas, administrative
citations, notices or other processes relating to the enforcement of
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laws regulating medical marijuana, concentrate, and medical marijuana
product;
3. Assist or aid any law enforcement officer in the performance
of his or her duties upon such law enforcement officer's request or
the request of other local officials having jurisdiction;
4. Require any business licensee, upon twenty-four (24) hours
notice or upon a showing of necessity, to permit an inspection of
licensed premises during business hours or at any time of apparent
operation, marijuana equipment, and marijuana accessories, or books
and records; and to permit the testing of or examination of medical
marijuana, concentrate, or product; and
5. Require applicants to submit complete and current
applications, information required by this act and fees, and approve
material changes made by the applicant or licensee.
Added by Laws 2019, c. 11, § 4.
§63-427.5. Oklahoma Medical Marijuana Authority Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Health to be designated the "Oklahoma
Medical Marijuana Authority 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 fees and fines
collected pursuant to this act and all monies received by the
Oklahoma Tax Commission from tax proceeds collected pursuant to
Section 426 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 Department for the purposes set forth in
Section 426 of Title 63 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 2019, c. 11, § 5.
§63-427.6. Monitoring and disciplinary actions.
A. The State Department of Health shall address issues related
to the medical marijuana program in Oklahoma including, but not
limited to, monitoring and disciplinary actions as they relate to the
medical marijuana program.
B. 1. The Department or its designee may perform on-site
assessments of a licensee or applicant for any medical marijuana
business license issued pursuant to this act to determine compliance
with this act or submissions made pursuant to this section. The
Department may enter the licensed premises of a medical marijuana
business licensee or applicant to assess or monitor compliance.
2. Inspections shall be limited to twice per calendar year and
twenty-four (24) hours of notice shall be provided to a medical
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marijuana business applicant or licensee prior to an on-site
assessment. However, additional inspections may occur when the
Department shows that an additional inspection is necessary due to a
violation of this act. Such inspection may be without notice if the
Department believes that such notice will result in the destruction
of evidence.
3. The Department may review relevant records of a licensed
medical marijuana business, licensed medical marijuana research
facility or licensed medical marijuana education facility, and may
require and conduct interviews with such persons or entities and
persons affiliated with such entities, for the purpose of determining
compliance with Department requirements and applicable laws.
However, prior to conducting any interviews with the medical
marijuana business, research facility or education facility, the
licensee shall be afforded sufficient time to secure legal
representation during such questioning if requested by the business
or facility or any of its agents or employees or contractors.
4. The Department shall refer complaints alleging criminal
activity that are made against a licensee to appropriate Oklahoma
state or local law enforcement authorities.
C. Disciplinary action may be taken against an applicant or
licensee under this act for not adhering to the law pursuant to the
terms, conditions and guidelines set forth in this act.
D. Disciplinary actions may include revocation, suspension or
denial of an application, license or final authorization and other
action deemed appropriate by the Department.
E. Disciplinary actions may be imposed upon a medical marijuana
business licensee for:
1. Failure to comply with or satisfy any provision of this
section;
2. Falsification or misrepresentation of any material or
information submitted to the Department;
3. Failing to allow or impeding a monitoring visit by authorized
representatives of the Department;
4. Failure to adhere to any acknowledgement, verification or
other representation made to the Department;
5. Failure to submit or disclose information required by this
section or otherwise requested by the Department;
6. Failure to correct any violation of this section cited as a
result of a review or audit of financial records or other materials;
7. Failure to comply with requested access by the Department to
the licensed premises or materials;
8. Failure to pay a required monetary penalty;
9. Diversion of medical marijuana or any medical marijuana
product, as determined by the Department;
10. Threatening or harming a patient, a medical practitioner or
an employee of the Department; and
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11. Any other basis indicating a violation of the applicable
laws and regulations as identified by the Department.
F. Disciplinary actions against a licensee may include the
imposition of monetary penalties, which may be assessed by the
Department.
G. Penalties for sales by a medical marijuana business to
persons other than those allowed by law occurring within any two-year
time period may include an initial fine of One Thousand Dollars
($1,000.00) for a first violation and a fine of Five Thousand Dollars
($5,000.00) for any subsequent violation. The medical marijuana
business may be subject to a revocation of any license granted
pursuant to this act upon a showing that the violation was willful or
grossly negligent.
H. 1. First offense for intentional and impermissible diversion
of medical marijuana, concentrate, or products by a patient or
caregiver to an unauthorized person shall not be punished under a
criminal statute but may be subject to a fine of Two Hundred Dollars
($200.00).
2. The second offense for impermissible diversion of medical
marijuana, concentrate, or products by a patient or caregiver to an
unauthorized person shall not be punished under a criminal statute
but may be subject to a fine of not to exceed Five Hundred Dollars
($500.00) and may result in revocation of the license upon a showing
that the violation was willful or grossly negligent.
I. The following persons or entities may request a hearing to
contest an action or proposed action of the Department:
1. A medical marijuana business, research facility or education
facility licensee whose license has been summarily suspended or who
has received a notice of contemplated action to suspend or revoke a
license or take other disciplinary action; and
2. A patient or caregiver licensee whose license has been
summarily suspended or who has received notice of contemplated action
to suspend or revoke a license or take other disciplinary action.
J. All hearings held pursuant to this section shall be in
accordance with the Oklahoma Administrative Procedures Act, Section
250 et seq. of Title 75 of the Oklahoma Statutes.
Added by Laws 2019, c. 11, § 6. Amended by Laws 2019, c. 477, § 7.
§63-427.7. See the following versions:
OS 63-427.7v1 (HB 2601, Laws 2019, c. 477, § 8).
OS 63-427.7v2 (SB 1030, Laws 2019, c. 509, § 5).
§63-427.7v1. Registry of patients and caregivers.
A. The Authority shall create a medical marijuana use registry
of patients and caregivers as provided under this section. The
handling of any records maintained in the registry shall comply with
all relevant state and federal laws including, but not limited to,
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the Health Insurance Portability and Accountability Act of 1996
(HIPAA).
B. The medical marijuana use registry shall be accessible to
Oklahoma-licensed medical marijuana dispensaries to verify the
license of a patient or caregiver by the twenty-four-character
identifier.
C. All other records regarding a medical marijuana licensee
shall be maintained by the Authority and shall be deemed
confidential. The handling of any records maintained by the
Authority shall comply with all relevant state and federal laws
including, but not limited to, the Health Insurance Portability and
Accountability Act of 1996 (HIPAA). Such records shall be marked as
confidential, shall not be made available to the public and shall
only be made available to the licensee, designee of the licensee, any
physician of the licensee or the caregiver of the licensee.
D. A log shall be kept with the file of the licensee to record
any event in which the records of the licensee were made available
and to whom the records were provided.
E. The Department shall ensure that all application records and
information are sealed to protect the privacy of medical marijuana
patient license applicants.
Added by Laws 2019, c. 11, § 7. Amended by Laws 2019, c. 477, § 8.
§63-427.7v2. Registry of patients and caregivers.
A. The Oklahoma Medical Marijuana Authority shall create a
medical marijuana use registry of patients and caregivers as provided
under this section. The handling of any records maintained in the
registry shall comply with all relevant state and federal laws
including, but not limited to, the Health Insurance Portability and
Accountability Act of 1996 (HIPAA).
B. The medical marijuana use registry shall be accessible to:
1. Oklahoma-licensed medical marijuana dispensaries to verify
the license of a patient or caregiver by the twenty-four-character
identifier; and
2. Any court in this state.
C. All other records regarding a medical marijuana licensee
shall be maintained by the Authority and shall be deemed
confidential. The handling of any records maintained by the
Authority shall comply with all relevant state and federal laws
including, but not limited to, the Health Insurance Portability and
Accountability Act of 1996 (HIPAA). Such records shall be marked as
confidential, shall not be made available to the public and shall
only be made available to the licensee, designee of the licensee, any
physician of the licensee or the caregiver of the licensee.
D. A log shall be kept with the file of the licensee to record
any event in which the records of the licensee were made available
and to whom the records were provided.
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E. The Department shall ensure that all application records and
information are sealed to protect the privacy of medical marijuana
patient license applicants.
Added by Laws 2019, c. 11, § 7. Amended by Laws 2019, c. 509, § 5.
§63-427.8. Additional rights, restrictions and prohibitions related
to medical marijuana use and possession.
A. The rights to possess the marijuana products set forth in
Section 420 of Title 63 of the Oklahoma Statutes are cumulative and a
duly licensed individual may possess at any one time the totality of
the items listed therein and not be in violation of this act so long
as the individual holds a valid patient license or caregiver license.
B. Municipal and county governing bodies may not enact medical
marijuana guidelines which restrict or interfere with the rights of a
licensed patient or caregiver to possess, purchase, cultivate or
transport medical marijuana within the legal limits set forth in this
act or Section 420 et seq. of Title 63 of the Oklahoma Statutes or
require patients or caregivers to obtain permits or licenses in
addition to the state-required licenses provided herein.
C. Nothing in this act or Section 420 et seq. of Title 63 of the
Oklahoma Statutes shall prohibit a residential or commercial property
or business owner from prohibiting the consumption of medical
marijuana or medical marijuana product by smoke or vaporization on
the premises, within the structures of the premises or within ten
(10) feet of the entryway to the premises. However, a medical
marijuana patient shall not be denied the right to consume or use
other medical marijuana products which are otherwise legal and do not
involve the smoking or vaporization of cannabis when lawfully
recommended pursuant to Section 420 of Title 63 of the Oklahoma
Statutes.
D. A medical marijuana patient or caregiver licensee shall not
be denied eligibility in public assistance programs including, but
not limited to, Medicaid, Supplemental Nutrition Assistance Program
(SNAP), Women, Infants, and Children Nutrition Program (WIC),
Temporary Assistance for Needy Families (TANF) or other such public
assistance programs based solely on his or her status as a medical
marijuana patient or caregiver licensee, unless required by federal
law.
E. A medical marijuana patient or caregiver licensee shall not
be denied the right to own, purchase or possess a firearm,
ammunition, or firearm accessories based solely on his or her status
as a medical marijuana patient or caregiver licensee. No state or
local agency, municipal or county governing authority shall restrict,
revoke, suspend or otherwise infringe upon the right of a person to
own, purchase or possess a firearm, ammunition, or firearm
accessories or any related firearms license or certification based
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solely on their status as a medical marijuana patient or caregiver
licensee.
F. A medical marijuana patient or caregiver in actual possession
of a medical marijuana license shall not be subject to arrest,
prosecution or penalty in any manner or denied any right, privilege
or public assistance, under state law or municipal or county
ordinance or resolution including without limitation a civil penalty
or disciplinary action by a business, occupational or professional
licensing board or bureau, for the medical use of marijuana in
accordance with this act.
G. A government medical assistance program shall not be required
to reimburse a person for costs associated with the medical use of
marijuana unless federal law requires reimbursement.
H. Unless otherwise required by federal law or required to
obtain federal funding:
1. No employer may refuse to hire, discipline, discharge or
otherwise penalize an applicant or employee solely on the basis of
such applicant's or employee's status as a medical marijuana
licensee; and
2. No employer may refuse to hire, discipline, discharge or
otherwise penalize an applicant or employee solely on the basis of a
positive test for marijuana components or metabolites, unless:
a. the applicant or employee is not in possession of a
valid medical marijuana license,
b. the licensee possesses, consumes or is under the
influence of medical marijuana or medical marijuana
product while at the place of employment or during the
fulfillment of employment obligations, or
c. the position is one involving safety-sensitive job
duties, as such term is defined in subsection K of this
section.
I. Nothing in this act or Section 420 et seq. of Title 63 of the
Oklahoma Statutes shall:
1. Require an employer to permit or accommodate the use of
medical marijuana on the property or premises of any place of
employment or during hours of employment;
2. Require an employer, a government medical assistance program,
private health insurer, worker's compensation carrier or self-insured
employer providing worker's compensation benefits to reimburse a
person for costs associated with the use of medical marijuana; or
3. Prevent an employer from having written policies regarding
drug testing and impairment in accordance with the Oklahoma Standards
for Workplace Drug and Alcohol Testing Act, Section 551 et seq. of
Title 40 of the Oklahoma Statutes.
J. Any applicant or employee aggrieved by a willful violation of
this section shall have, as his or her exclusive remedy, the same
remedies as provided for in the Oklahoma Standards for Workplace Drug
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and Alcohol Testing Act set forth in Section 563 of Title 40 of the
Oklahoma Statutes.
K. As used in this section:
1. "Safety-sensitive" means any job that includes tasks or
duties that the employer reasonably believes could affect the safety
and health of the employee performing the task or others including,
but not limited to, any of the following:
a. the handling, packaging, processing, storage, disposal
or transport of hazardous materials,
b. the operation of a motor vehicle, other vehicle,
equipment, machinery or power tools,
c. repairing, maintaining or monitoring the performance or
operation of any equipment, machinery or manufacturing
process, the malfunction or disruption of which could
result in injury or property damage,
d. performing firefighting duties,
e. the operation, maintenance or oversight of critical
services and infrastructure including, but not limited
to, electric, gas, and water utilities, power
generation or distribution,
f. the extraction, compression, processing, manufacturing,
handling, packaging, storage, disposal, treatment or
transport of potentially volatile, flammable,
combustible materials, elements, chemicals or any other
highly regulated component,
g. dispensing pharmaceuticals,
h. carrying a firearm, or
i. direct patient care or direct child care; and
2. A "positive test for marijuana components or metabolites"
means a result that is at or above the cutoff concentration level
established by the United States Department of Transportation or
Oklahoma law regarding being under the influence, whichever is lower.
L. All smokable, vaporized, vapable and e-cigarette medical
marijuana product inhaled through vaporization or smoked by a medical
marijuana licensee are subject to the same restrictions for tobacco
under Section 1-1521 of Title 63 of the Oklahoma Statutes, commonly
referred to as the "Smoking in Public Places and Indoor Workplaces
Act".
Added by Laws 2019, c. 11, § 8.
§63-427.9. Patient license – Verification of need of applicants –
Disabled veteran reduced fee.
A. The Authority may contact the recommending physician of an
applicant for a medical marijuana license to verify the need of the
applicant for the license.
B. An applicant for a medical marijuana license who can
demonstrate his or her status as a one-hundred-percent-disabled
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veteran as determined by the U.S. Department of Veterans Affairs and
codified at 38 C.F.R., Section 3.340(a)(2013) shall pay a reduced
application fee of Twenty Dollars ($20.00). The methods of payment,
as determined by the Authority, shall be provided on the website.
However, the Authority shall ensure that all applicants have an
option to submit the license application and payment by means other
than solely by submission of the application and fee online.
C. The patient license shall be valid for up to two (2) years
from the date of issuance, unless the recommendation of the physician
is terminated pursuant to this act or revoked by the Department.
Added by Laws 2019, c. 11, § 9.
§63-427.10. Physicians who may provide a recommendation – Physician
immunity.
A. Only licensed Oklahoma allopathic, osteopathic and podiatric
physicians may provide a medical marijuana recommendation for a
medical marijuana patient license under this act.
B. A physician who has not completed his or her first residency
shall not meet the definition of "physician" under this section and
any recommendation for a medical marijuana patient license shall not
be processed by the Authority.
C. No physician shall be subject to arrest, prosecution or
penalty in any manner or denied any right or privilege under Oklahoma
state, municipal or county statute, ordinance or resolution,
including without limitation a civil penalty or disciplinary action
by the State Board of Medical Licensure and Supervision or the State
Board of Osteopathic Examiners or by any other business, occupation
or professional licensing board or bureau, solely for providing a
medical marijuana recommendation for a patient or for monitoring,
treating or prescribing scheduled medication to patients who are
medical marijuana licensees. The provisions of this subsection shall
not prevent the relevant professional licensing boards from
sanctioning a physician for failing to properly evaluate the medical
condition of a patient or for otherwise violating the applicable
physician-patient standard of care.
D. A physician who recommends use of medical marijuana shall not
be located at the same physical address as a dispensary.
E. If the physician determines the continued use of medical
marijuana by the patient no longer meets the requirements set forth
in this act, the physician shall notify the Department and the
Authority shall immediately revoke the license.
Added by Laws 2019, c. 11, § 10. Amended by Laws 2019, c. 390, § 2,
emerg. eff. May 15, 2019.
§63-427.11. Caregiver license rights.
A. The caregiver license shall provide the caregiver the same
rights as the medical marijuana patient licensee, including the
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ability to possess marijuana, marijuana products, and mature and
immature plants pursuant to this act, but excluding the ability to
use marijuana or marijuana products unless the caregiver has a
medical marijuana patient license. Caregivers shall be authorized to
deliver marijuana and products to their authorized patients.
Caregivers shall be authorized to possess medical marijuana and
medical marijuana products up to the sum of the possession limits for
the patients under his or her care pursuant to this act.
B. An individual caregiver shall be limited to exercising the
marijuana cultivation rights of no more than five licensed patients
as prescribed by this act.
C. The license of a caregiver shall not extend beyond the
expiration date of the underlying patient license regardless of the
issue date.
Added by Laws 2019, c. 11, § 11.
§63-427.12. Restrictions on growing medical marijuana.
A. All medical marijuana grown by medical marijuana patient
license holders or caregivers may only be grown on real property
owned by the patient license holder or on real property for which the
patient license holder has the property owner's written permission to
grow marijuana on the property.
B. All medical marijuana plants grown by a patient or caregiver
shall be grown so that the marijuana is not accessible to a member of
the general public. No marijuana plants shall be visible from any
street adjacent to the property. For purposes of this section,
"visible" means viewable by a normal person with 20/20 eyesight
without the use of any device to assist in improving viewing distance
or vantage point.
C. It is expressly prohibited to operate extraction equipment or
utilize extraction processes if the equipment or process utilizes
butane, propane, carbon dioxide or any potentially hazardous material
in a residential property.
Added by Laws 2019, c. 11, § 12.
§63-427.13. Oklahoma-licensed business purchase requirement –
Inventory tracking system.
A. All medical marijuana and medical marijuana products shall be
purchased solely from an Oklahoma-licensed medical marijuana
business, and shall not be purchased from any out-of-state providers.
B. 1. The Authority shall have oversight and auditing
responsibilities to ensure that all marijuana being grown in Oklahoma
is accounted for and shall implement an inventory tracking system.
Pursuant to these duties, the Authority shall require that each
medical marijuana business keep records for every transaction with
another medical marijuana business, patient or caregiver. Inventory
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shall be tracked and updated after each individual sale and reported
to the Authority.
2. The inventory tracking system licensees use shall allow for
integration of other seed-to-sale systems and, at a minimum, shall
include the following:
a. notification of when marijuana seeds are planted,
b. notification of when marijuana plants are harvested and
destroyed,
c. notification of when marijuana is transported, sold,
stolen, diverted or lost,
d. a complete inventory of all marijuana, seeds, plant
tissue, clones, plants, usable marijuana or trim,
leaves and other plant matter, batches of extract, and
marijuana concentrates,
e. all samples sent to a testing laboratory, an unused
portion of a sample returned to a licensee, all samples
utilized by licensee for purposes of negotiating a
sale, and
f. all samples used for quality testing by a licensee.
3. Each medical marijuana business shall use a seed-to-sale
tracking system or integrate its own seed-to-sale tracking system
with the seed-to-sale tracking system established by the Authority.
4. These records shall include, but not be limited to, the
following:
a. the name and license number of the medical marijuana
business that cultivated, manufactured or sold the
medical marijuana or medical marijuana product,
b. the address and phone number of the medical marijuana
business that cultivated, manufactured or sold the
medical marijuana or medical marijuana product,
c. the type of product received during the transaction,
d. the batch number of the marijuana plant used,
e. the date of the transaction,
f. the total spent in dollars,
g. all point-of-sale records,
h. marijuana excise tax records, and
i. any additional information as may be reasonably
required by the Department.
5. All inventory tracking records containing patient information
shall comply with all relevant state and federal laws including, but
not limited to, the Health Insurance Portability and Accountability
Act of 1996 (HIPAA), and shall not be retained by any medical
marijuana business for more than sixty (60) days.
Added by Laws 2019, c. 11, § 13.
§63-427.14. See the following versions:
OS 63-427.14v1 (HB 2601, Laws 2019, c. 477, § 9).
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OS 63-427.14v2 (SB 1030, Laws 2019, c. 509, § 6).
§63-427.14v1. Medical marijuana business license - Requirements.
A. There is hereby created the medical marijuana business
license, which shall include the following categories:
1. Medical marijuana commercial grower;
2. Medical marijuana processor;
3. Medical marijuana dispensary;
4. Medical marijuana transporter; and
5. Medical marijuana testing laboratory.
B. The Oklahoma Medical Marijuana Authority, with the aid of the
Office of Management and Enterprise Services, shall develop a website
for medical marijuana business applications.
C. The Authority shall make available on its website in an easy-
to-find location, applications for a medical marijuana business.
D. The nonrefundable application fee for a medical marijuana
business license shall be Two Thousand Five Hundred Dollars
($2,500.00).
E. All applicants seeking licensure as a medical marijuana
business shall comply with the following general requirements:
1. All applications for licenses and registrations authorized
pursuant to this section shall be made upon forms prescribed by the
Authority;
2. Each application shall identify the city or county in which
the applicant seeks to obtain licensure as a medical marijuana
business;
3. Applicants shall submit a complete application to the
Department before the application may be accepted or considered;
4. All applications shall be complete and accurate in every
detail;
5. All applications shall include all attachments or
supplemental information required by the forms supplied by the
Authority;
6. All applications shall be accompanied by a full remittance
for the whole amount of the application fees. Application fees are
nonrefundable;
7. All applicants shall be approved for licensing review that,
at a minimum, meets the following criteria:
a. all applicants shall be age twenty-five (25) or older,
b. any applicant applying as an individual shall show
proof that the applicant is an Oklahoma resident
pursuant to paragraph 11 of this subsection,
c. any applicant applying as an entity shall show that
seventy-five percent (75%) of all members, managers,
executive officers, partners, board members or any
other form of business ownership are Oklahoma residents
pursuant to paragraph 11 of this subsection,
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d. all applying individuals or entities shall be
registered to conduct business in the State of
Oklahoma,
e. all applicants shall disclose all ownership interests
pursuant to this act, and
f. applicants shall not have been convicted of a
nonviolent felony in the last two (2) years, and any
other felony conviction within the last five (5) years,
shall not be current inmates, or currently incarcerated
in a jail or corrections facility;
8. There shall be no limit to the number of medical marijuana
business licenses or categories that an individual or entity can
apply for or receive, although each application and each category
shall require a separate application and application fee. A
commercial grower, processor and dispensary, or any combination
thereof, are authorized to share the same address or physical
location, subject to the restrictions set forth in this act;
9. All applicants for a medical marijuana business license,
research facility license or education facility license authorized by
this act shall undergo an Oklahoma criminal history background check
conducted by the Oklahoma State Bureau of Investigation (OSBI) within
thirty (30) days prior to the application for the license, including:
a. individual applicants applying on their own behalf,
b. individuals applying on behalf of an entity,
c. all principal officers of an entity, and
d. all owners of an entity as defined by this act;
10. All applicable fees charged by OSBI are the responsibility
of the applicant and shall not be higher than fees charged to any
other person or industry for such background checks;
11. In order to be considered an Oklahoma resident for purposes
of a medical marijuana business application, all applicants shall
provide proof of Oklahoma residency for at least two (2) years
immediately preceding the date of application or five (5) years of
continuous Oklahoma residency during the preceding twenty-five (25)
years immediately preceding the date of application. Sufficient
documentation of proof of residency shall include a combination of
the following:
a. an unexpired Oklahoma-issued driver license,
b. an Oklahoma voter identification card,
c. a utility bill preceding the date of application,
excluding cellular telephone and Internet bills,
d. a residential property deed to property in the State of
Oklahoma, and
e. a rental agreement preceding the date of application
for residential property located in the State of
Oklahoma.
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Applicants that were issued a medical marijuana business license
prior to the enactment of the Oklahoma Medical Marijuana and Patient
Protection Act are hereby exempt from the two-year or five-year
Oklahoma residency requirement mentioned above;
12. All license applicants shall be required to submit a
registration with the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control as provided in Sections 2-302 through 2-304
of Title 63 of the Oklahoma Statutes;
13. All applicants shall establish their identity through
submission of a color copy or digital image of one of the following
unexpired documents:
a. front and back of an Oklahoma driver license,
b. front and back of an Oklahoma identification card,
c. a United States passport or other photo identification
issued by the United States government,
d. certified copy of the applicant's birth certificate for
minor applicants who do not possess a document listed
in this section, or
e. a tribal identification card approved for
identification purposes by the Oklahoma Department of
Public Safety; and
14. All applicants shall submit an applicant photograph.
F. The Authority shall review the medical marijuana business
application, approve or reject the application and mail the approval,
rejection or status-update letter to the applicant within ninety (90)
business days of receipt of the application.
G. 1. The Authority shall review the medical marijuana business
applications and conduct all investigations, inspections and
interviews before approving the application.
2. Approved applicants shall be issued a medical marijuana
business license for the specific category applied under which shall
act as proof of their approved status. Rejection letters shall
provide a reason for the rejection. Applications may only be
rejected based on the applicant not meeting the standards set forth
in the provisions of this section, improper completion of the
application, or for a reason provided for in this act. If an
application is rejected for failure to provide required information,
the applicant shall have thirty (30) days to submit the required
information for reconsideration. No additional application fee shall
be charged for such reconsideration.
3. Status-update letters shall provide a reason for delay in
either approval or rejection should a situation arise in which an
application was submitted properly, but a delay in processing the
application occurred.
4. Approval, rejection or status-update letters shall be sent to
the applicant in the same method the application was submitted to the
Department.
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H. A license provided by this act or by Section 421, 422, 423 or
425 of Title 63 of the Oklahoma Statutes shall not be issued until
all relevant local licenses and permits have been issued by the
municipality, including but not limited to an occupancy permit or
certificate of compliance.
I. In the event that an applicant has not received the necessary
permits, certificates or licenses from a municipality, but the
applicant has fulfilled all other obligations required by this act,
the Authority shall grant a conditional license. A conditional
license shall remain valid for a period of one (1) year or until the
applicant obtains the necessary local permits, certificates or
licenses. An applicant shall not transfer any medical marijuana,
concentrate or products to a medical marijuana business, patient or
caregiver until approval is received from the Authority.
J. A medical marijuana business license shall not be issued to
or held by:
1. A person until all required fees have been paid;
2. A person who has been convicted of a nonviolent felony within
two (2) years of the date of application, or within five (5) years
for any other felony;
3. A corporation, if the criminal history of any of its
officers, directors or stockholders indicates that the officer,
director or stockholder has been convicted of a nonviolent felony
within two (2) years of the date of application, or within five (5)
years for any other felony;
4. A person under twenty-five (25) years of age;
5. A person licensed pursuant to this section who, during a
period of licensure, or who, at the time of application, has failed
to:
a. file taxes, interest or penalties due related to a
medical marijuana business, or
b. pay taxes, interest or penalties due related to a
medical marijuana business;
6. A sheriff, deputy sheriff, police officer or prosecuting
officer, or an officer or employee of the Authority or municipality;
or
7. A person whose authority to be a caregiver as defined in this
act has been revoked by the Department.
K. In investigating the qualifications of an applicant or a
licensee, the Department, Authority and municipalities may have
access to criminal history record information furnished by a criminal
justice agency subject to any restrictions imposed by such an agency.
In the event the Department considers the criminal history record of
the applicant, the Department shall also consider any information
provided by the applicant regarding such criminal history record,
including but not limited to evidence of rehabilitation, character
references and educational achievements, especially those items
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pertaining to the period of time between the last criminal conviction
of the applicant and the consideration of the application for a state
license.
L. The failure of an applicant to provide the requested
information by the Authority deadline may be grounds for denial of
the application.
M. All applicants shall submit information to the Department and
Authority in a full, faithful, truthful and fair manner. The
Department and Authority may recommend denial of an application where
the applicant made misstatements, omissions, misrepresentations or
untruths in the application or in connection with the background
investigation of the applicant. This type of conduct may be
considered as the basis for additional administrative action against
the applicant. Typos and scrivener errors shall not be grounds for
denial.
N. A licensed medical marijuana business premises shall be
subject to and responsible for compliance with applicable provisions
for medical marijuana business facilities as described in the most
recent versions of the Oklahoma Uniform Building Code, the
International Building Code and the International Fire Code, unless
granted an exemption by the Authority or municipality.
O. All medical marijuana business licensees shall pay the
relevant licensure fees prior to receiving licensure to operate a
medical marijuana business, as defined in this act for each class of
license.
Added by Laws 2019, c. 11, § 14. Amended by Laws 2019, c. 477, § 9.
§63-427.14v2. Medical marijuana business license - Requirements.
A. There is hereby created the medical marijuana business
license, which shall include the following categories:
1. Medical marijuana commercial grower;
2. Medical marijuana processor;
3. Medical marijuana dispensary;
4. Medical marijuana transporter; and
5. Medical marijuana testing laboratory.
B. The Authority, with the aid of the Office of Management and
Enterprise Services, shall develop a website for medical marijuana
business applications.
C. The Authority shall make available on its website or the
website of the Oklahoma Medical Marijuana Authority in an easy-to-
find location, applications for a medical marijuana business.
D. The nonrefundable application fee for a medical marijuana
business license shall be Two Thousand Five Hundred Dollars
($2,500.00).
E. All applicants seeking licensure as a medical marijuana
business shall comply with the following general requirements:
/ -*--+!(' !+0 '.!- -&,-)!2 -9!
1. All applications for licenses and registrations authorized
pursuant to this section shall be made upon forms prescribed by the
Authority;
2. Each application shall identify the city or county in which
the applicant seeks to obtain licensure as a medical marijuana
business;
3. Applicants shall submit a complete application to the
Department before the application may be accepted or considered;
4. All applications shall be complete and accurate in every
detail;
5. All applications shall include all attachments or
supplemental information required by the forms supplied by the
Authority;
6. All applications shall be accompanied by a full remittance
for the whole amount of the application fees. Application fees are
nonrefundable;
7. All applicants shall be approved for licensing review that,
at a minimum, meets the following criteria:
a. all applicants shall be age twenty-five (25) years of
age or older,
b. any applicant applying as an individual shall show
proof that the applicant is an Oklahoma resident
pursuant to paragraph 11 of this subsection,
c. any applicant applying as an entity shall show that
seventy-five percent (75%) of all members, managers,
executive officers, partners, board members or any
other form of business ownership are Oklahoma residents
pursuant to paragraph 11 of this subsection,
d. all applying individuals or entities shall be
registered to conduct business in the State of
Oklahoma,
e. all applicants shall disclose all ownership interests
pursuant to this act, and
f. applicants shall not have been convicted of a
nonviolent felony in the last two (2) years, and any
other felony conviction within the last five (5) years,
shall not be current inmates, or currently incarcerated
in a jail or corrections facility;
8. There shall be no limit to the number of medical marijuana
business licenses or categories that an individual or entity can
apply for or receive, although each application and each category
shall require a separate application and application fee. A
commercial grower, processor and dispensary, or any combination
thereof, are authorized to share the same address or physical
location, subject to the restrictions set forth in this act;
9. All applicants for a medical marijuana business license,
research facility license or education facility license authorized by
/ -*--+!(' !+0 '.!- -&,-)!2 -9!
this act shall undergo an Oklahoma criminal history background check
conducted by the Oklahoma State Bureau of Investigation (OSBI) within
thirty (30) days prior to the application for the license, including:
a. individual applicants applying on their own behalf,
b. individuals applying on behalf of an entity,
c. all principal officers of an entity, and
d. all owners of an entity as defined by this act;
10. All applicable fees charged by OSBI are the responsibility
of the applicant and shall not be higher than fees charged to any
other person or industry for such background checks;
11. In order to be considered an Oklahoma resident for purposes
of a medical marijuana business application, all applicants shall
provide proof of Oklahoma residency for at least two (2) years
immediately preceding the date of application or five (5) years of
continuous Oklahoma residency during the preceding twenty-five (25)
years immediately preceding the date of application. Sufficient
documentation of proof of residency shall include a combination of
the following:
a. an unexpired Oklahoma-issued driver license,
b. an Oklahoma voter identification card,
c. a utility bill preceding the date of application,
excluding cellular telephone and Internet bills,
d. a residential property deed to property in the State of
Oklahoma, and
e. a rental agreement preceding the date of application
for residential property located in the State of
Oklahoma;
12. All license applicants shall be required to submit a
registration with the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control as provided in Sections 2-202 through 2-204
of Title 63 of the Oklahoma Statutes;
13. All applicants shall establish their identity through
submission of a color copy or digital image of one of the following
unexpired documents:
a. front and back of an Oklahoma driver license,
b. front and back of an Oklahoma identification card,
c. a United States passport or other photo identification
issued by the United States government,
d. certified copy of the applicant's birth certificate for
minor applicants who do not possess a document listed
in this section, or
e. a tribal identification card approved for
identification purposes by the Oklahoma Department of
Public Safety; and
14. All applicants shall submit an applicant photograph.
F. The Authority shall review the medical marijuana business
application, approve or reject the application and mail the approval,
/ -*--+!(' !+0 '.!- -&,-)!2 -9!$
rejection or status-update letter to the applicant within ninety (90)
days of receipt of the application.
G. 1. The Authority shall review the medical marijuana business
applications and conduct all investigations, inspections and
interviews before approving the application.
2. Approved applicants shall be issued a medical marijuana
business license for the specific category applied under which shall
act as proof of their approved status. Rejection letters shall
provide a reason for the rejection. Applications may only be
rejected based on the applicant not meeting the standards set forth
in the provisions of this section, improper completion of the
application, or for a reason provided for in this act. If an
application is rejected for failure to provide required information,
the applicant shall have thirty (30) days to submit the required
information for reconsideration. No additional application fee shall
be charged for such reconsideration.
3. Status-update letters shall provide a reason for delay in
either approval or rejection should a situation arise in which an
application was submitted properly, but a delay in processing the
application occurred.
4. Approval, rejection or status-update letters shall be sent to
the applicant in the same method the application was submitted to the
Department.
H. A medical marijuana business license shall not be issued to
or held by:
1. A person until all required fees have been paid;
2. A person who has been convicted of a nonviolent felony within
two (2) years of the date of application, or within five (5) years
for any other felony;
3. A corporation, if the criminal history of any of its
officers, directors or stockholders indicates that the officer,
director or stockholder has been convicted of a nonviolent felony
within two (2) years of the date of application, or within five (5)
years for any other felony;
4. A person under twenty-five (25) years of age;
5. A person licensed pursuant to this section who, during a
period of licensure, or who, at the time of application, has failed
to:
a. file taxes, interest or penalties due related to a
medical marijuana business, or
b. pay taxes, interest or penalties due related to a
medical marijuana business;
6. A sheriff, deputy sheriff, police officer or prosecuting
officer, or an officer or employee of the Authority or municipality;
7. A person whose authority to be a caregiver as defined in this
act has been revoked by the Department; or
8. A publicly traded company.
/ -*--+!(' !+0 '.!- -&,-)!2 -9!
I. In investigating the qualifications of an applicant or a
licensee, the Department, Authority and municipalities may have
access to criminal history record information furnished by a criminal
justice agency subject to any restrictions imposed by such an agency.
In the event the Department considers the criminal history record of
the applicant, the Department shall also consider any information
provided by the applicant regarding such criminal history record,
including but not limited to evidence of rehabilitation, character
references and educational achievements, especially those items
pertaining to the period of time between the last criminal conviction
of the applicant and the consideration of the application for a state
license.
J. The failure of an applicant to provide the requested
information by the Authority deadline may be grounds for denial of
the application.
K. All applicants shall submit information to the Department and
Authority in a full, faithful, truthful and fair manner. The
Department and Authority may recommend denial of an application where
the applicant made misstatements, omissions, misrepresentations or
untruths in the application or in connection with the background
investigation of the applicant. This type of conduct may be
considered as the basis for additional administrative action against
the applicant. Typos and scrivener errors shall not be grounds for
denial.
L. A licensed medical marijuana business premises shall be
subject to and responsible for compliance with applicable provisions
for medical marijuana business facilities as described in the most
recent versions of the Oklahoma Uniform Building Code, the
International Building Code and the International Fire Code, unless
granted an exemption by the Authority or municipality.
M. All medical marijuana business licensees shall pay the
relevant licensure fees prior to receiving licensure to operate a
medical marijuana business, as defined in this act for each class of
license.
Added by Laws 2019, c. 11, § 14. Amended by Laws 2019, c. 509, § 6.
§63-427.15. Authority to develop policies and procedures for
disclosure by businesses.
The State Department of Health is hereby authorized to develop
policies and procedures for disclosure by a medical marijuana
business of financial interest and ownership.
Added by Laws 2019, c. 11, § 15.
§63-427.16. Medical marijuana transporter license - Requirements.
A. There is hereby created a medical marijuana transporter
license as a category of the medical marijuana business license.
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B. Pursuant to Section 424 of Title 63 of the Oklahoma Statutes,
the Authority shall issue a medical marijuana transporter license to
licensed medical marijuana commercial growers, processors and
dispensaries upon issuance of such licenses and upon each renewal.
C. A medical marijuana transporter license may also be issued to
qualifying applicants who are registered with the Oklahoma Secretary
of State and otherwise meet the requirements for a medical marijuana
business license set forth in this act and the requirements set forth
in this section to provide logistics, distribution and storage of
medical marijuana, medical marijuana concentrate and medical
marijuana products.
D. A medical marijuana transporter license shall be valid for
one (1) year and shall not be transferred with a change of ownership.
A licensed medical marijuana transporter shall be responsible for all
medical marijuana, concentrate and products once the transporter
takes control of the product.
E. A transporter license shall be required for any person or
entity to transport or transfer medical marijuana, concentrate or
product from a licensed medical marijuana business to another medical
marijuana business, or from a medical marijuana business to a medical
marijuana research facility or medical marijuana education facility.
F. A medical marijuana transporter licensee may contract with
multiple licensed medical marijuana businesses.
G. A medical marijuana transporter may maintain a licensed
premises to temporarily store medical marijuana, concentrate and
products and to use as a centralized distribution point. A medical
marijuana transporter may store and distribute medical marijuana,
concentrate and products from the licensed premises. The licensed
premises shall meet all security requirements applicable to a medical
marijuana business.
H. A medical marijuana transporter licensee shall use the seed-
to-sale tracking system developed pursuant to this act to create
shipping manifests documenting the transport of medical marijuana,
concentrate and products throughout the state.
I. A licensed medical marijuana transporter may maintain and
operate one or more warehouses in the state to handle medical
marijuana, concentrate and products.
J. All medical marijuana, concentrate and product shall be
transported:
1. In vehicles equipped with Global Positioning System (GPS)
trackers;
2. In a locked container and clearly labeled "Medical Marijuana
or Derivative"; and
3. In a secured area of the vehicle that is not accessible by
the driver during transit.
K. A transporter agent may possess marijuana at any location
while the transporter agent is transferring marijuana to or from a
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licensed medical marijuana business, medical marijuana research
facility or medical marijuana education facility. The Department
shall administer and enforce the provisions of this section
concerning transportation.
L. The Authority shall issue a transporter agent license to
individual agents, employees, officers or owners of a transporter
license in order for the individual to qualify to transport medical
marijuana or product.
M. The annual fee for a transporter agent license shall be One
Hundred Dollars ($100.00) and shall be paid by the transporter
license holder or the individual applicant.
N. The Authority shall issue each transporter agent a registry
identification card within thirty (30) days of receipt of:
1. The name, address and date of birth of the person;
2. Proof of residency as required for a medical marijuana
business license;
3. Proof of identity as required for a medical marijuana
business license;
4. Possession of a valid Oklahoma driver license;
5. Verification of employment with a licensed transporter;
6. The application and affiliated fee; and
7. A criminal background check conducted by the Oklahoma State
Bureau of Investigation, paid for by the applicant.
O. If the transporter agent application is denied, the
Department shall notify the transporter in writing of the reason for
denying the registry identification card.
P. A registry identification card for a transporter shall expire
one (1) year after the date of issuance or upon notification from the
holder of the transporter license that the transporter agent ceases
to work as a transporter.
Q. The Department may revoke the registry identification card of
a transporter agent who knowingly violates any provision of this
section, and the transporter is subject to any other penalties
established by law for the violation.
R. The Department may revoke or suspend the transporter license
of a transporter that the Department determines knowingly aided or
facilitated a violation of any provision of this section, and the
licenseholder is subject to any other penalties established in law
for the violation.
S. Vehicles used in the transport of medical marijuana or
medical marijuana product shall be:
1. Insured at or above the legal requirements in Oklahoma;
2. Capable of securing medical marijuana during transport; and
3. In possession of a shipping container as defined in this act
capable of securing all transported product.
T. Prior to the transport of any medical marijuana or products,
an inventory manifest shall be prepared at the origination point of
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the medical marijuana. The inventory manifest shall include the
following information:
1. For the origination point of the medical marijuana:
a. the licensee number for the commercial grower,
processor or dispensary,
b. address of origination of transport, and
c. name and contact information for the originating
licensee;
2. For the end recipient license holder of the medical
marijuana:
a. the license number for the dispensary, commercial
grower, processor, research facility or education
facility destination,
b. address of the destination, and
c. name and contact information for the destination
licensee;
3. Quantities by weight or unit of each type of medical
marijuana product contained in transport;
4. The date of the transport and the approximate time of
departure;
5. The arrival date and estimated time of arrival;
6. Printed names and signatures of the personnel accompanying
the transport; and
7. Notation of the transporting licensee.
U. 1. A separate inventory manifest shall be prepared for each
licensee receiving the medical marijuana.
2. The transporter agent shall provide the other medical
marijuana business with a copy of the inventory manifest at the time
the product changes hands and after the other licensee prints his or
her name and signs the inventory manifest.
3. An inventory manifest shall not be altered after departing
the originating premises other than in cases where the printed name
and signature of receipt by the receiving licensee is necessary.
4. A receiving licensee shall refuse to accept any medical
marijuana or product that is not accompanied by an inventory
manifest.
5. Originating and receiving licensees shall maintain copies of
inventory manifests and logs of quantities of medical marijuana
received for three (3) years from date of receipt.
Added by Laws 2019, c. 11, § 16.
§63-427.17. Medical marijuana testing laboratory license –
Requirements.
A. There is hereby created a medical marijuana testing
laboratory license as a category of the medical marijuana business
license. The Authority is hereby enabled to monitor, inspect and
audit a licensed testing laboratory under this act.
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B. The Authority is hereby authorized to contract with a private
laboratory for the purpose of conducting compliance testing of
medical marijuana testing laboratories licensed in this state. Any
such laboratory under contract for compliance testing shall be
prohibited from conducting any other commercial medical marijuana
testing in this state.
C. The Authority shall have the authority to develop acceptable
testing and research practices, including but not limited to testing,
standards, quality control analysis, equipment certification and
calibration, and chemical identification and substances used in bona
fide research methods so long as it complies with this act.
D. A person who is a direct beneficial owner or an indirect
beneficial owner of a medical marijuana dispensary, medical marijuana
commercial grower, or medical marijuana processor shall not be an
owner of a laboratory.
E. A laboratory and a laboratory applicant shall comply with all
applicable local ordinances, including but not limited to zoning,
occupancy, licensing and building codes.
F. A separate license shall be required for each specific
laboratory.
G. A medical marijuana testing laboratory license may be issued
to a person who performs testing and research on medical marijuana
and medical marijuana products for medical marijuana businesses,
medical marijuana research facilities, medical marijuana education
facilities, and testing and research on marijuana and marijuana
products grown or produced by a patient or caregiver on behalf of a
patient, upon verification of registration. No state-approved
medical marijuana testing facility shall operate unless a medical
laboratory director is on site during operational hours.
H. A laboratory applicant shall comply with the application
requirements of this section and shall submit such other information
as required for a medical marijuana business applicant, in addition
to any information the Authority may request for initial approval and
periodic evaluations during the approval period.
I. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrate or medical marijuana
product from a medical marijuana business for testing and research
purposes only, which purposes may include the provision of testing
services for samples submitted by a medical marijuana business for
product development. The Department may require a medical marijuana
business to submit a sample of medical marijuana, medical marijuana
concentrate or medical marijuana product to a medical marijuana
testing laboratory upon demand.
J. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrate or medical marijuana
product from an individual person for testing only under the
following conditions:
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1. The individual person is a patient or caregiver pursuant to
this act or is a participant in an approved clinical or observational
study conducted by a research facility; and
2. The medical marijuana testing laboratory shall require the
patient or caregiver to produce a valid patient license and current
and valid photo identification.
K. A medical marijuana testing laboratory may transfer samples
to another medical marijuana testing laboratory for testing. All
laboratory reports provided to or by a medical marijuana business or
to a patient or caregiver shall identify the medical marijuana
testing laboratory that actually conducted the test.
L. A medical marijuana testing laboratory may utilize a licensed
medical marijuana transporter to transport samples of medical
marijuana, medical marijuana concentrate and medical marijuana
product for testing, in accordance with this act and the rules
adopted pursuant thereto, between the originating medical marijuana
business requesting testing services and the destination laboratory
performing testing services.
M. The medical marijuana testing laboratory shall establish
policies to prevent the existence of or appearance of undue
commercial, financial or other influences that may diminish the
competency, impartiality and integrity of the testing processes or
results of the laboratory, or that may diminish public confidence in
the competency, impartiality and integrity of the testing processes
or results of the laboratory. At a minimum, employees, owners or
agents of a medical marijuana testing laboratory who participate in
any aspect of the analysis and results of a sample are prohibited
from improperly influencing the testing process, improperly
manipulating data, or improperly benefiting from any ongoing
financial, employment, personal or business relationship with the
medical marijuana business that provided the sample.
N. The Department, pursuant to rules promulgated by the State
Commissioner of Health, shall develop standards, policies and
procedures as necessary for:
1. The cleanliness and orderliness of a laboratory premises and
the location of the laboratory in a secure location, and inspection,
cleaning and maintenance of any equipment or utensils used for the
analysis of test samples;
2. Testing procedures, testing standards for cannabinoid and
terpenoid potency and safe levels of contaminants, and remediation
procedures;
3. Controlled access areas for storage of medical marijuana and
medical marijuana product test samples, waste and reference
standards;
4. Records to be retained and computer systems to be utilized by
the laboratory;
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5. The possession, storage and use by the laboratory of
reagents, solutions and reference standards;
6. A certificate of analysis (COA) for each lot of reference
standard;
7. The transport and disposal of unused marijuana, marijuana
products and waste;
8. The mandatory use by a laboratory of an inventory tracking
system to ensure all test batches or samples containing medical
marijuana, medical marijuana concentrate or medical marijuana
products are identified and tracked from the point they are
transferred from a medical marijuana business, a patient or a
caregiver through the point of transfer, destruction or disposal.
The inventory tracking system reporting shall include the results of
any tests that are conducted on medical marijuana, medical marijuana
concentrate or medical marijuana product;
9. Standards of performance;
10. The employment of laboratory personnel;
11. A written standard operating procedure manual to be
maintained and updated by the laboratory;
12. The successful participation in a Department-approved
proficiency testing program for each testing category listed in this
section, in order to obtain and maintain certification;
13. The establishment of and adherence to a quality assurance
and quality control program to ensure sufficient monitoring of
laboratory processes and quality of results reported;
14. The establishment by the laboratory of a system to document
the complete chain of custody for samples from receipt through
disposal;
15. The establishment by the laboratory of a system to retain
and maintain all required records, including business records, and
processes to ensure results are reported in a timely and accurate
manner; and
16. Any other aspect of laboratory testing of medical marijuana
or medical marijuana product deemed necessary by the Department.
O. A medical marijuana testing laboratory shall promptly provide
the Department or designee of the Department access to a report of a
test and any underlying data that is conducted on a sample at the
request of a medical marijuana business or qualified patient. A
medical marijuana testing laboratory shall also provide access to the
Department or designee of the Department to laboratory premises and
to any material or information requested by the Department to
determine compliance with the requirements of this section.
P. A medical marijuana testing laboratory shall retain all
results of laboratory tests conducted on marijuana or products for a
period of at least two (2) years and shall make them available to the
Department upon request.
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Q. A medical marijuana testing laboratory shall test samples
from each harvest batch or product batch, as appropriate, of medical
marijuana, medical marijuana concentrate and medical marijuana
product for each of the following categories of testing, consistent
with standards developed by the Commissioner:
1. Microbials;
2. Mycotoxins;
3. Residual solvents;
4. Pesticides;
5. Tetrahydrocannabinol (THC) and other cannabinoid potency;
6. Terpenoid potency; and
7. Heavy metals.
R. A test batch shall not exceed ten (10) pounds of usable
marijuana or medical marijuana product, as appropriate. A grower
shall separate each harvest lot of usable marijuana into harvest
batches containing no more than ten (10) pounds. A processor shall
separate each medical marijuana production lot into production
batches containing no more than ten (10) pounds.
S. Medical marijuana testing laboratory licensure shall be
contingent upon successful on-site inspection, successful
participation in proficiency testing and ongoing compliance with the
applicable requirements in this section.
T. A medical marijuana testing laboratory shall be inspected
prior to initial licensure and annually thereafter by an inspector
approved by the Authority.
U. Beginning on a date determined by the Commissioner, not later
than January 1, 2020, medical marijuana testing laboratory licensure
shall be contingent upon accreditation by the NELAC Institute (TNI),
ANSI/ASQ National Accreditation Board or another accrediting body
approved by the Commissioner, and any applicable standards as
determined by the Department.
V. A commercial grower shall not transfer or sell medical
marijuana and a processor shall not transfer, sell or process into a
concentrate or product any medical marijuana, medical marijuana
concentrate or medical marijuana product unless samples from each
harvest batch or production batch from which that medical marijuana,
medical marijuana concentrate or medical marijuana product was
derived has been tested by a medical marijuana testing facility for
contaminants and passed all contaminant tests required by this act.
Added by Laws 2019, c. 11, § 17. Amended by Laws 2019, c. 312, § 4,
emerg. eff. May 7, 2019.
§63-427.18. Packaging and labeling requirements.
A. An Oklahoma medical marijuana business shall not sell,
transfer or otherwise distribute medical marijuana or medical
marijuana product that has not been packaged and labeled in
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accordance with this section and rules promulgated by the State
Commissioner of Health.
B. A medical marijuana dispensary shall return medical marijuana
and medical marijuana product that does not meet packaging or
labeling requirements in this section or rules promulgated pursuant
thereto to the entity who transferred it to the dispensary. The
medical marijuana dispensary shall document to whom the item was
returned, what was returned and the date of the return or dispose of
any usable marijuana that does not meet these requirements in
accordance with this act.
C. 1. Medical marijuana packaging shall be packaged to minimize
its appeal to children and shall not depict images other than the
business name logo of the medical marijuana producer and image of the
product.
2. A medical marijuana business shall not place any content on a
container in a manner that reasonably appears to target individuals
under the age of twenty-one (21), including but not limited to
cartoon characters or similar images.
3. Labels on a container shall not include any false or
misleading statements.
4. No container shall be intentionally or knowingly labeled so
as to cause a reasonable patient confusion as to whether the medical
marijuana, medical marijuana concentrate or medical marijuana product
is a trademarked product or labeled in a manner that violates any
federal trademark law or regulation.
5. The label on the container shall not make any claims
regarding health or physical benefits to the patient.
6. All medical marijuana, medical marijuana concentrate and
medical marijuana products shall be in a child-resistant container at
the point of transfer to the patient or caregiver.
D. The State Department of Health shall develop minimum
standards for packaging and labeling of medical marijuana and medical
marijuana products. Such standards shall include, but not be limited
to, the required contents of labels to be affixed to all medical
marijuana and medical marijuana products prior to transfer to a
licensed patient or caregiver, which shall include, at a minimum:
1. A universal symbol indicating that the product contains
tetrahydrocannabinol (THC);
2. THC and other cannabinoid potency, and terpenoid potency;
3. A statement indicating that the product has been tested for
contaminants;
4. One or more product warnings to be determined by the
Department; and
5. Any other information the Department deems necessary.
Added by Laws 2019, c. 11, § 18.
§63-427.19. Medical marijuana research license - Requirements.
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A. A medical marijuana research license may be issued to a
person to grow, cultivate, possess and transfer, by sale or donation,
marijuana pursuant to this act for the limited research purposes
identified in this section.
B. The fee for a medical marijuana research license shall be
Five Hundred Dollars ($500.00) and shall be payable by an applicant
for a medical marijuana research license upon submission of his or
her application to the Authority.
C. A medical marijuana research license may be issued for the
following research purposes:
1. To test chemical potency and composition levels;
2. To conduct clinical investigations of marijuana-derived
medicinal products;
3. To conduct research on the efficacy and safety of
administering marijuana as part of medical treatment;
4. To conduct genomic, horticultural or agricultural research;
and
5. To conduct research on marijuana-affiliated products or
systems.
D. 1. As part of the application process for a medical
marijuana research license, an applicant shall submit to the
Authority a description of the research that the applicant intends to
conduct and whether the research will be conducted with a public
institution or using public money. If the research will not be
conducted with a public institution or with public money, the
Authority shall grant the application if it determines that the
applicant meets the criteria in this section.
2. If the research will be conducted with a public institution
or public money, the Department shall review the research project of
the applicant to determine if it meets the requirements of this
section and to assess the following:
a. the quality, study design, value or impact of the
project,
b. whether the applicant has the appropriate personnel,
expertise, facilities, infrastructure, funding and
human, animal or other approvals in place to
successfully conduct the project, and
c. whether the amount of marijuana to be grown by the
applicant is consistent with the scope and goals of the
project.
3. If the Authority determines that the research project does
not meet the requirements of this section or assesses the criteria to
be inadequate, the application shall be denied.
E. A medical marijuana research licensee may only transfer, by
sale or donation, marijuana grown within its operation to other
medical marijuana research licensees. The Department may revoke a
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medical marijuana research license for violations of this section and
any other violation of this act.
F. A medical marijuana research licensee may contract to perform
research in conjunction with a public higher education research
institution or another medical marijuana research licensee.
G. The growing, cultivating, possessing or transferring, by sale
or donation, of marijuana in accordance with this section and the
rules promulgated pursuant thereto, by a medical marijuana research
licensee shall not be a criminal or civil offense under state law. A
medical marijuana research license shall be issued in the name of the
applicant and shall specify the location in Oklahoma at which the
medical marijuana research licensee intends to operate. A medical
marijuana research licensee shall not allow any other person to
exercise the privilege of the license.
H. If the research conducted includes a public institution or
public money, the Authority shall review any reports made by medical
marijuana research licensees under state licensing authority rule and
provide the Authority with its determination on whether the research
project continues to meet research qualifications pursuant to this
section.
Added by Laws 2019, c. 11, § 19.
§63-427.20. Medical marijuana education facility license -
Requirements.
A. There is hereby created a medical marijuana education
facility license.
B. A medical marijuana education facility license may be issued
to a person to possess or cultivate marijuana for the limited
education and research purposes identified in this section.
C. A medical marijuana education facility license may only be
granted to a not-for-profit organization structured under Section
501(c)(3) of the Internal Revenue Code, operating as an Oklahoma not-
for-profit registered organization with the Office of the Secretary
of State.
D. A medical marijuana education facility license may only be
granted upon the submission of a fee of Five Hundred Dollars
($500.00) to the Authority.
E. A medical marijuana education facility license may be issued
for the following education and research purposes:
1. To test cultivation techniques, strategies, infrastructure,
mediums, lighting and other related technology;
2. To demonstrate cultivation techniques, strategies,
infrastructure, mediums, lighting and other related technology;
3. To demonstrate the application and use of product
manufacturing technologies;
4. To conduct genomic, horticultural or agricultural research;
and
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5. To conduct research on marijuana-affiliated products or
systems.
F. As part of the application process for a medical marijuana
education facility license, an applicant shall submit to the
Authority a description of the project and curriculum that the
applicant intends to conduct and whether the project and curriculum
will be conducted with a public institution or using public money.
If the research will not be conducted with a public institution or
with public money, the Authority shall grant the application. If the
research will be conducted with a public institution or public money,
the Authority shall review the research project of the applicant to
determine if it meets the requirements of this section and to assess
the following:
1. The quality, study design, value or impact of the project;
2. Whether the applicant has the appropriate personnel,
expertise, facilities, infrastructure, funding, and human, animal or
other approvals in place to successfully conduct the project; and
3. Whether the amount of marijuana to be grown by the applicant
is consistent with the scope and goals of the project.
If the Authority determines that the education project does not meet
the requirements of this section or assesses the criteria to be
inadequate, the application shall be denied.
G. A medical marijuana education facility licensee may only
transfer, by sale or donation, marijuana grown within its operation
to medical marijuana research licensees. The Department may revoke a
medical marijuana education facility license for violations of this
section and any other violation of this act.
H. A medical marijuana education facility licensee may contract
to perform research in conjunction with a public higher education
research institution or another research licensee.
I. The growing, cultivating, possessing or transferring, by sale
or donation, of marijuana in accordance with this section and the
rules promulgated pursuant thereto, by a medical marijuana education
facility licensee shall not be a criminal or civil offense under
state law. A medical marijuana education facility license shall be
issued in the name of the applicant and shall specify the location in
Oklahoma at which the medical marijuana education facility licensee
intends to operate. A medical marijuana education facility licensee
shall not allow any other person to exercise the privilege of the
license.
Added by Laws 2019, c. 11, § 20.
§63-427.21. Advertising restrictions.
A. A medical marijuana business shall not engage in advertising
that is deceptive, false or misleading.
B. Medical marijuana advertising shall not contain any statement
or illustration that:
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1. Promotes overconsumption;
2. Represents that the use of marijuana has curative or
therapeutic effects; or
3. Depicts a child or other person under legal age to consume
marijuana, or includes:
a. objects such as toys or cartoon or other characters,
which suggest the presence of a child, or any other
depiction designed in any manner to be especially
appealing to children or other persons under legal age
to consume marijuana, or
b. any manner or design that would be especially appealing
to children or other persons under eighteen (18) years
of age.
Added by Laws 2019, c. 11, § 21. Amended by Laws 2019, c. 477, § 10.
§63-427.22. Confidential records.
A. An application or renewal and supporting information
submitted by a qualifying patient or designated caregiver under the
provisions of this act including, without limitation, information
regarding the physician of the qualifying patient shall be considered
confidential medical records that are exempt from the Oklahoma Open
Records Act.
B. The dispensary records with patient information shall be
treated as confidential records that are exempt from the Oklahoma
Open Records Act.
C. All financial information provided by an applicant in its
application to the Authority shall be treated as confidential records
that are exempt from the Oklahoma Open Records Act.
D. All information provided by an applicant that constitutes
private business information shall be treated as confidential records
that are exempt from the Oklahoma Open Records Act.
E. As used in this section, "private business information" means
information that, if disclosed, would give advantage to competitors
or bidders including, but not limited to, information related to the
planning, site location, operations, strategy, or product development
and marketing of an applicant, unless approval for release of those
records is granted by the business.
Added by Laws 2019, c. 11, § 22.
§63-427.23. Promulgation of rules to implement provisions of act.
A. The State Commissioner of Health, the Oklahoma Tax
Commission, the State Treasurer, the Secretary of State and the
Director of the Office of Management and Enterprise Services shall
promulgate rules to implement the provisions of this act.
B. The Food Safety Standards Board, in addition to the powers
and duties granted in Section 423 of Title 63 of the Oklahoma
Statutes, may recommend to the State Commissioner of Health rules
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relating to all aspects of the cultivation and manufacture of medical
marijuana products.
Added by Laws 2019, c. 11, § 23. Amended by Laws 2019, c. 477, § 11.
§63-428. Short title - Oklahoma Medical Marijuana Waste Management
Act.
This act shall be known and may be cited as the "Oklahoma Medical
Marijuana Waste Management Act".
Added by Laws 2019, c. 337, § 1, eff. Nov. 1, 2019.
NOTE: Editorially renumbered from § 427 of this title to avoid
duplication in numbering.
§63-428.1. Definitions.
As used in this act:
1. "Authority" shall mean the Oklahoma Medical Marijuana
Authority, or successor agency;
2. "Commercial licensee" shall mean any person or entity issued
a license by the Oklahoma Medical Marijuana Authority, or successor
agency, to conduct commercial business in this state;
3. "Disposal" shall mean the final disposition of medical
marijuana waste by either a process which renders the waste unusable
through physical destruction or a recycling process;
4. "Facility" shall mean a location where the disposal of
medical marijuana waste takes place by a licensee;
5. "License" shall mean a medical marijuana waste disposal
license;
6. "Licensee" shall mean the holder of a medical marijuana waste
disposal license;
7. "Medical marijuana waste" shall mean unused, surplus,
returned or out-of-date marijuana and plant debris of the plant of
the genus Cannabis, including dead plants and all unused plant parts,
except the term shall not include roots, stems, stalks and fan
leaves; and
8. "Medical marijuana waste disposal license" shall mean a
license issued by the Oklahoma Medical Marijuana Authority, or
successor agency.
Added by Laws 2019, c. 337, § 2, eff. Nov. 1, 2019.
NOTE: Editorially renumbered from § 428 of this title to avoid
duplication in numbering.
§63-429. Applicability – Jurisdiction - Destruction of plant parts
that do not require medical marijuana waste disposal facility –
Disposal records.
A. Medical marijuana waste shall be subject to the provisions of
this act and shall not be subject to the provisions of the Uniform
Controlled Dangerous Substances Act. Nothing in this act shall alter
or affect the jurisdictional areas of environmental responsibility of
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the Department of Environmental Quality as provided for in Title 27A
of the Oklahoma Statutes.
B. Commercial licensees, medical marijuana research facilities
and medical marijuana education facilities shall be authorized to
destroy the following marijuana plant parts without being required to
utilize the services of a medical marijuana waste disposal facility:
1. Root balls;
2. Stems;
3. Fan leaves; and
4. Seeds.
Unless restricted by local ordinance, commercial licensees,
medical marijuana research facilities and medical marijuana education
facilities shall be authorized to destroy the above-listed marijuana
plant parts on-site by open burning, incineration, burying, mulching,
composting or any other technique approved by the Department of
Environmental Quality.
C. Commercial licensees, medical marijuana research facilities
and medical marijuana education facilities engaged in the disposal of
medical marijuana waste shall create and maintain documentation on a
form prescribed by the Oklahoma Medical Marijuana Authority that
includes precise weights or counts of medical marijuana waste and the
manner in which the medical marijuana waste is disposed. Such
documentation shall contain a witness affidavit and signature
attesting to the lawful disposal of the medical marijuana waste under
penalty of perjury. All disposal records shall be maintained by
commercial licensees, medical marijuana research facilities and
medical marijuana educational facilities for a period of five (5)
years and shall be subject to inspection and auditing by the
Authority.
Added by Laws 2019, c. 337, § 3, emerg. eff. May 9, 2019.
§63-430. Medical marijuana waste disposal license – Screening
process – Waste disposal facility permit.
A. There is hereby created and authorized a medical marijuana
waste disposal license. A person or entity in possession of a
medical marijuana waste disposal license shall be entitled to
possess, transport and dispose of medical marijuana waste. No person
or entity shall possess, transport or dispose of medical marijuana
waste without a valid medical marijuana waste disposal license. The
Oklahoma Medical Marijuana Authority shall issue licenses upon proper
application by a licensee and determination by the Authority that the
proposed site and facility are physically and technically suitable.
Upon a finding that a proposed medical marijuana waste disposal
facility is not physically or technically suitable, the Authority
shall deny the license. The Authority may, upon determining that
public health or safety requires emergency action, issue a temporary
license for treatment or storage of medical marijuana waste for a
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period not to exceed ninety (90) days. The Authority shall not, for
the first year of the licensure program, issue more than ten
licenses. Upon the conclusion of the first year, the Authority shall
assess the need for additional licenses and shall, if demonstrated,
increase the number of licenses as deemed necessary by the Authority.
B. Entities applying for a medical marijuana waste disposal
license shall undergo the following screening process:
1. Complete an application form, as prescribed by the Authority,
which shall include:
a. an attestation that the applicant is authorized to make
application on behalf of the entity,
b. full name of the organization,
c. trade name, if applicable,
d. type of business organization,
e. complete mailing address,
f. an attestation that the commercial entity will not be
located on tribal land,
g. telephone number and email address of the entity, and
h. name, residential address and date of birth of each
owner and each member, manager and board member, if
applicable;
2. The application for a medical marijuana waste disposal
license made by an individual on his or her own behalf shall be on
the form prescribed by the Authority and shall include, but not be
limited to:
a. the first, middle and last name of the applicant and
suffix, if applicable,
b. the residence address and mailing address of the
applicant,
c. the date of birth of the applicant,
d. the preferred telephone number and email address of the
applicant,
e. an attestation that the information provided by the
applicant is true and correct, and
f. a statement signed by the applicant pledging not to
divert marijuana to any individual or entity that is
not lawfully entitled to possess marijuana; and
3. Each application shall be accompanied by the following
documentation:
a. a list of all persons or entities that have an
ownership interest in the entity,
b. a certificate of good standing from the Oklahoma
Secretary of State, if applicable,
c. an Affidavit of Lawful Presence for each owner,
d. proof that the proposed location of the disposal
facility is at least one thousand (1,000) feet from a
public or private school. The distance shall be
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measured from any entrance of the school to the nearest
property line point of the facility, and
e. documents establishing the applicant, the members,
managers and board members, if applicable, and seventy-
five percent (75%) of the ownership interests are
Oklahoma residents as established in Section 420 et
seq. of Title 63 of the Oklahoma Statutes, as it
relates to proof of residency.
C. No license shall be issued except upon proof of sufficient
liability insurance and financial responsibility. Liability
insurance shall be provided by the applicant and shall apply to
sudden and nonsudden bodily injury or property damage on, below or
above the surface, as required by the rules of the Authority. Such
insurance shall be maintained for the period of operation of the
facility and shall provide coverage for damages resulting from
operation of the facility during operation and after closing. In
lieu of liability insurance required by this subsection, an
equivalent amount of cash, securities, bond or alternate financial
assurance, of a type and in an amount acceptable to the Authority,
may be substituted; provided, that such deposit shall be maintained
for a period of five (5) years after the date of last operation of
the facility.
D. Submission of an application for a medical marijuana waste
disposal license shall constitute permission for entry to and
inspection of the facility of the licensee during hours of operation
and other reasonable times. Refusal to permit such entry of
inspection shall constitute grounds for the nonrenewal, suspension or
revocation of a license. The Authority may perform an annual
unannounced on-site inspection of the operations and facility of the
licensee. If the Authority receives a complaint concerning
noncompliance by a licensee with the provisions of this act, the
Authority may conduct additional unannounced, on-site inspections
beyond an annual inspection. The Authority shall refer all
complaints alleging criminal activity that are made against a
licensed facility to appropriate state or local law enforcement
authorities.
E. The Authority shall issue a permit for each medical marijuana
waste disposal facility operated by a licensee. A permit shall be
issued only upon proper application by a licensee and determination
by the Authority that the proposed site and facility are physically
and technically suitable. Upon a finding that a proposed medical
marijuana waste disposal facility is not physically or technically
suitable, the Authority shall deny the permit. The Authority shall
have the authority to revoke a permit upon a finding that the site
and facility are not physically and technically suitable for
processing. The Authority may, upon determining that public health
or safety requires emergency action, issue a temporary permit for
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treatment or storage of medical marijuana waste for a period not to
exceed ninety (90) days.
F. The cost of a medical marijuana waste disposal license shall
be Five Thousand Dollars ($5,000.00) for the initial license. The
cost of a medical marijuana waste disposal facility permit shall be
Five Hundred Dollars ($500.00). A medical marijuana waste disposal
facility permit that has been revoked shall be reinstated upon
remittance of a reinstatement fee of Five Hundred Dollars ($500.00)
to restore the facility permit. All license and permit fees shall be
deposited into the Public Health Special Fund as provided in Section
1-107 of Title 63 of the Oklahoma Statutes.
G. The holder of a medical marijuana waste disposal license
shall not be required to obtain a medical marijuana transporter
license provided for in the Oklahoma Medical Marijuana and Patient
Protection Act for purposes of transporting medical marijuana waste.
H. All commercial licensees, as defined in Section 2 of this
act, shall utilize a licensed medical marijuana waste disposal
service to process all medical marijuana waste generated by the
licensee.
I. The State Commissioner of Health shall promulgate rules for
the implementation of this act. Promulgated rules shall address
disposal process standards, site security and any other subject
matter deemed necessary by the Authority.
Added by Laws 2019, c. 337, § 4, eff. Nov. 1, 2019.
§63-465.20. Smelling, inhaling, etc. of substances which cause
unnatural conditions - Exemptions - Penalties.
(a) It shall be unlawful for any person deliberately to smell,
inhale, breathe, drink or otherwise consume any compound, liquid,
chemical, controlled dangerous substance, prescription drugs or any
other substance or chemical containing any ketones, aldehydes,
organic acetones, ether, chlorinated hydrocarbons or metallic
powders, such as gasoline, glue, fingernailpolish, adhesive cement,
mucilage, dope, paint dispensed from pressurized containers or any
other substance or combination thereof containing solvents releasing
toxic vapors, with the intent to cause conditions of intoxication,
inebriation, excitement, elation, stupefaction, paralysis,
irrationality, dulling of the brain or nervous system, or any other
changing, distorting or disturbing of the eyesight, thinking
processes, judgment, balance or coordination of such person.
(b) The provisions of this statute shall not pertain to any
person who inhales, breathes, drinks or otherwise consumes such
material or substance pursuant to the direction or prescription of
any licensed doctor, physician, surgeon, dentist or podiatrist; nor
to the consumption of intoxicating liquor.
(c) Any person who violates any provisions of this act relating
to inhalation of glue or other substances shall be guilty of a
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misdemeanor, and upon conviction shall be subject to imprisonment in
the county jail for not more than one (1) year or a fine of not more
than Five Hundred Dollars ($500.00), or both such imprisonment and
fine.
Laws 1971, c. 109, § 1, emerg. eff. April 27, 1971; Laws 1981, c. 52,
§ 1, emerg. eff. April 13, 1981.
§63-465.21. Sale of certain paint to intoxicated person.
Any person who knowingly sells paint containing metallic powders
dispensed from a pressurized container to an obviously intoxicated
person shall be guilty of a misdemeanor.
Laws 1981, c. 52, § 2, emerg. eff. April 13, 1981.
§63-472. City jails.
It shall be the duty of the governing bodies of all
municipalities to insure compliance with standards governing
conditions in municipal jails as prescribed in Section 192 of Title
74 of the Oklahoma Statutes.
R.L.1910, § 6978. Amended by Laws 1978, c. 244, § 26, eff. July 1,
1978.
§63-475. Contagious disease - Isolation.
Should any prisoners in any county or city jail or holdover
complain of illness, the county or city physician, whose duty it may
be to attend such prisons, shall be summoned, and if such prisoner
should be found to have a contagious disease, he shall be immediately
removed and isolated to some room or place having no connection with
the other prisoners. R.L. 1910 Sec. 6981.
R.L.1910, § 6981.
§63-476. Isolation of prisoners having contagious disease - Jail
construction.
It shall be the duty of officials who construct jails, city
prisons or holdovers to provide a room for the segregation of
prisoners who may be found to have a contagious disease. R.L. 1910
Sec. 6982.
R.L.1910, § 6982.
§63-477. Sanitation of charitable institutions.
The county commissioners shall provide necessary supplies and
cause the charitable institutions of their county to be maintained in
a clean and sanitary condition at all times. Enforcement of this
section shall be the responsibility of the Director of the Department
of Public Welfare.
R.L.1910, § 6983. Amended by Laws 1978, c. 244, § 27, eff. July 1,
1978.
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§63-479. Violations - Penalty.
Any official failing in any duty prescribed by the provisions of
this article shall be deemed guilty of a misdemeanor and shall, upon
conviction, be fined in any sum not less than ten dollars nor more
than five hundred dollars, and in addition thereto may be removed
from office. R.L. 1910 Sec. 6985.
R.L.1910, § 6985.
§63-485.1. Purpose of act.
The purpose of Sections 485.1 through 485.8 of this title shall
be to provide a specialized hospital, which shall be named the J.D.
McCarty Center for Children with Developmental Disabilities, for the
care, maintenance, training, treatment, and general mental and
physical rehabilitation of the residents of the state, and when space
permits nonresidents, who may be afflicted with cerebral palsy or
other developmental disabilities, provided that such specialized
hospital shall be able to refuse admission to those patients who
after competent examination are determined to be unable to benefit
from such training, treatment, and general mental and physical
rehabilitation, and provided that such specialized hospital shall be
able to discharge and return any child to its parent or guardian if
it is determined after admission that such training, treatment, and
general mental and physical rehabilitation is not aiding the child.
Educational services that may be required during an inpatient stay
shall be arranged through and provided by the appropriate local
education area (LEA). The term "cerebral palsy" as used in this
title shall include all types of cerebral palsy.
Added by Laws 1947, p. 401, § 1, emerg. eff. May 7, 1947. Amended by
Laws 1949, p. 433, § 1; Laws 1981, c. 71, § 1, operative July 1,
1981; Laws 1992, c. 307, § 15, eff. July 1, 1992; Laws 1995, c. 262,
§ 1, eff. July 1, 1995.
§63-485.2. Oklahoma Spastic Paralysis Commission - Creation - Powers
and duties.
There is hereby created the Oklahoma Spastic Paralysis
Commission, which is designated as an agency of the State of
Oklahoma, and is hereby authorized to exercise the powers and duties
authorized in this act and all other powers incident and necessary to
the purpose of this act.
Laws 1947, p. 401, § 2.
§63-485.3. J.D. McCarty Center for Children with Developmental
Disabilities - Establishment and maintenance - Contracts - Payments -
Power of Commission - Legal representation – Sale of surplus property
and fixtures.
A. The Oklahoma Cerebral Palsy Commission is hereby authorized
and empowered to:
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1. Establish and maintain the J.D. McCarty Center for Children
with Developmental Disabilities, to provide care, maintenance,
training, treatment, habilitation and rehabilitation of persons
afflicted with cerebral palsy and other developmental disabilities
within such institute;
2. Set fees and charges for patient services;
3. Provide care, maintenance, training, treatment and
rehabilitation services to children not afflicted with cerebral palsy
or developmental disabilities but who may benefit from the services
available from the J.D. McCarty Center for Children with
Developmental Disabilities, as determined to be practicable by the
Oklahoma Cerebral Palsy Commission;
4. Provide services to any adults who may benefit from services
available from the J.D. McCarty Center for Children with
Developmental Disabilities, as determined to be practicable by the
Oklahoma Cerebral Palsy Commission; provided, that services to adults
shall not diminish any services available to children;
5. Enter into contracts for the purchase of real estate or other
property and to buy or sell real estate, personal property and
equipment necessary or incidental to the carrying out of the
provisions of Sections 485.1 through 485.11 of this title; and
6. Enter into contracts with the Commission for Human Services
and with other agencies of the state and of the counties in
furtherance of the provisions of Sections 485.1 through 485.11 of
this title; provided, the Oklahoma Cerebral Palsy Commission shall
receive from the Commission for Human Services payments aggregating a
minimum of One Hundred Thousand Dollars ($100,000.00) annually from
funds set aside in the Children with Special Health Care Needs
Program; and provided further, the Oklahoma Cerebral Palsy Commission
may negotiate with the Commission for Human Services or its
successors for additional payments above One Hundred Thousand Dollars
($100,000.00) from such funds.
B. The Commission shall be charged with the duties of management
and control of the J.D. McCarty Center for Children with
Developmental Disabilities and shall have power to sue or be sued in
its own name.
C. The Attorney General shall furnish the Commission with legal
representation. The Commission shall not contract for private legal
counsel except for extraordinary situations other than normal day-to-
day situations, and when approved by the Attorney General.
D. For the purposes of moving the J.D. McCarty Center for
Children with Developmental Disabilities to its new facilities, the
Oklahoma Cerebral Palsy Commission may sell surplus property and
fixtures. Such sale of surplus property and fixtures shall be exempt
from Sections 62.2 through 62.6 of Title 74 of the Oklahoma Statutes.
The Commission shall sell such surplus property and fixtures at fair
market value as determined by the members of the Commission. The
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process for the sale and transfer of title shall originate with the
Commission. All proceeds from such sale of the property and fixtures
shall be deposited into the J.D. McCarty Center for Children with
Developmental Disabilities Revolving Fund.
Added by Laws 1947, p. 401, § 3, emerg. eff. May 7, 1947. Amended by
Laws 1949, p. 434, § 2, emerg. eff. May 31, 1949; Laws 1976, c. 191,
§ 4, emerg. eff. June 4, 1976; Laws 1981, c. 71, § 2, operative July
1, 1981; Laws 1988, c. 222, § 4, operative July 1, 1988; Laws 1992,
c. 307, § 16, eff. July 1, 1992; Laws 1995, c. 262, § 2, eff. July 1,
1995; Laws 1997, c. 281, § 2, eff. July 1, 1997; Laws 2004, c. 426, §
1, eff. July 1, 2004; Laws 2010, c. 413, § 23, eff. July 1, 2010.
NOTE: Laws 1992, c. 249, § 4 repealed by Laws 1992, c. 373, § 22,
eff. July 1, 1992.
§63-485.4. Oklahoma Cerebral Palsy Commission - Gifts and bequests.
The Oklahoma Cerebral Palsy Commission is authorized to accept
and receive gifts and bequests of money and property, both real and
personal, which may be tendered by will or gift, conditionally or
unconditionally, for the use of the Commission in the exercise of its
powers and duties described in this act. The Commission shall
administer the property or funds in the manner consistent with the
terms of the gift and provisions of law. The Commission is hereby
directed, authorized, and empowered to hold such funds in trust or
invest them and use either principal or interest in keeping with the
terms of the gift as stipulated by the donors for the sole benefit of
the Commission in the performance of its duties provided herein.
Added by Laws 1947, p. 401, § 4, emerg. eff. May 7, 1947. Amended by
Laws 2004, c. 426, § 2, eff. July 1, 2004.
§63-485.5. Members of Commission - Appointment - Term - Travel
expenses.
The Oklahoma Cerebral Palsy Commission shall be composed of five
(5) members who shall serve without compensation. The three members
of the Commission serving on the Commission on June 30, 2004, shall
serve the remainder of their respective terms. Beginning July 1,
2004, the Governor of the State of Oklahoma shall appoint to the
Commission two additional members who shall be chosen from a list of
ten persons submitted to the Governor by the Grande Voiture of
Oklahoma of La Societe des Quarante Hommes et Huit Chevaux. One new
member shall be appointed for a two-year term and one new member for
a three-year term on the Commission. Thereafter, any member who
takes the place of a member whose term is expiring shall be appointed
to a three-year term in the same manner and from a list to be
submitted as provided in this section for the original Commission
pursuant to this section. Each member of the Commission shall be
entitled to be reimbursed for necessary travel expenses pursuant to
the State Travel Reimbursement Act.
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Added by Laws 1947, p. 401, § 5, emerg. eff. May 7, 1947. Amended by
Laws 1949, p. 434, § 3, emerg. eff. May 31, 1949; Laws 1969, c. 5, §
1, emerg. eff. Feb. 3, 1969; Laws 1985, c. 178, § 47, operative July
1, 1985; Laws 2004, c. 426, § 3, eff. July 1, 2004.
§63-485.6. Officers - Organization - Director and personnel - Legal
assistance.
A. The members of the Oklahoma Cerebral Palsy Commission shall
select from among the members of the Commission a chair, a vice-
chair, and a secretary, and organize itself for the purpose of
carrying out the provisions of Section 485.1 et seq. of this title.
B. The Commission is hereby authorized in its discretion to
employ a director who shall employ and hire other persons as may be
required in the estimation of the director and in accordance with
federal, state, and local laws to carry out the provisions of this
act; provided that physical therapists, physical therapist
assistants, occupational therapists, certified occupational therapist
aides, speech pathologists, and the Director of Nursing so employed
shall be unclassified and exempt from the provisions of the Merit
System of Personnel Administration. Other positions may be
unclassified as provided for in applicable federal, state, and local
laws. The Commission is authorized to hire an attorney to provide
legal assistance or to contract for such specialized services only as
provided for in Section 485.3 of this title.
Added by Laws 1947, p. 401, § 6, emerg. eff. May 7, 1947. Amended by
Laws 1949, p. 435, § 5, emerg. eff. May 31, 1949; Laws 1995, c. 262,
§ 3, eff. July 1, 1995; Laws 1996, c. 326, § 4, eff. July 1, 1996;
Laws 2008, c. 328, § 1, eff. Nov. 1, 2008.
§63-485.7. Bonds of members.
Each member of the Commission shall give bond to the State of
Oklahoma in the sum of One Thousand Dollars ($1,000.00) conditioned
for the honest and faithful performance of his duties, which bonds
shall be approved by the Governor and deposited in the office of the
Secretary of State.
Added by Laws 1947, p. 402, § 7, emerg. eff. May 7, 1947. Amended by
Laws 1949, p. 435, § 6, emerg. eff. May 31, 1949.
§63-485.8. Partial invalidity.
It is the intention of the Legislature to enact each and every
part of this act and if any section, paragraph, sentence, item, or
clause of this act shall for any reason be held unconstitutional,
such decision shall not affect the validity of the remaining portions
of this act.
Added by Laws 1947, p. 402, § 9, emerg. eff. May 7, 1947.
§63-485.9. Change of name for Institute and Commission.
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A. The names of the "Oklahoma Cerebral Palsy Center", formerly
the "Oklahoma Cerebral Palsy Institute", and the "Oklahoma Spastic
Paralysis Commission" are hereby changed to the "J.D. McCarty Center
for Children with Developmental Disabilities" and the "Cerebral Palsy
Commission", respectively.
B. Wherever in the statutes of this state the name "Oklahoma
Cerebral Palsy Institute" or "Oklahoma Cerebral Palsy Center" occurs,
the reference shall be deemed to be to the "J.D. McCarty Center for
Children with Developmental Disabilities"; and wherever in said
statutes the name "Oklahoma Spastic Paralysis Commission" appears,
this reference shall be deemed to be to the "Cerebral Palsy
Commission".
Laws 1961, p. 483, §§ 1, 2, emerg. eff. Jan. 30, 1961; Laws 1981, c.
71, § 3, operative July 1, 1981; Laws 1992, c. 307, § 17, eff. July
1, 1992.
§63-485.10. Annuity contracts - Purchases as salary payments.
A part of the salary, not to exceed the exclusion allowances
provided in Section 403(b)(2), Internal Revenue Code, payable to any
employee of the J.D. McCarty Center for Children with Developmental
Disabilities may, at the request of the employee, be paid by the
purchase of an annuity contract from any insurance company authorized
to do business in Oklahoma by the J.D. McCarty Center for Children
with Developmental Disabilities for the employee, and the employee
shall be entitled to have such annuity contract continued in force in
succeeding years by the J.D. McCarty Center for Children with
Developmental Disabilities. The amounts so contributed or paid by
the J.D. McCarty Center for Children with Developmental Disabilities
for the annuity contract, or to continue it in force, shall be
considered as payment of salary, for the same amounts, to the
employee for State Retirement purposes, State Aid purposes, or Social
Security purposes, but not for State Income Tax purposes. Provided
that the amount received under such annuity contracts shall be income
subject to state income tax when actually received.
Laws 1967, c. 243, § 3, emerg. eff. May 8, 1967; Laws 1981, c. 71, §
4, operative July 1, 1981; Laws 1992, c. 307, § 18, eff. July 1,
1992.
§63-485.11. J.D. McCarty Center for Children with Developmental
Disabilities Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Cerebral Palsy Commission to be designated the "J.D.
McCarty Center for Children with Developmental Disabilities Revolving
Fund". The fund shall consist of all monies received by the
Commission pursuant to statutory authority, but not including
appropriated funds, gifts and bequests. The revolving fund shall be
a continuing fund, not subject to fiscal year limitations and shall
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be under the control and management of the administrative authorities
of the Commission. Expenditures from the fund shall be made pursuant
to the laws of the state and the statutes relating to the Commission
and may include up to Twenty-five Thousand Dollars ($25,000.00) in
expenditures for capital improvements within a single fiscal year or
as otherwise provided by the Legislature. Warrants for expenditures
from the fund shall be drawn by the State Treasurer, based on claims
signed by an authorized employee or employees of the Commission and
approved for payment by the Director of the Office of Management and
Enterprise Services.
Added by Laws 1986, c. 209, § 5, operative July 1, 1986. Amended by
Laws 1988, c. 222, § 5, operative July 1, 1988; Laws 1992, c. 307, §
19, eff. July 1, 1992; Laws 2012, c. 304, § 504.
§63-485.12. Exemptions.
Specialized vehicles utilized by the J.D. McCarty Center for
Children with Developmental Disabilities shall not be included in nor
subject to provisions of law establishing the State Motor Pool
Division within the Office of Management and Enterprise Services.
Added by Laws 1980, c. 345, § 16, emerg. eff. June 25, 1980. Amended
by Laws 1983, c. 304, § 27, eff. July 1, 1983; Laws 2002, c. 397, §
29, eff. Nov. 1, 2002. Renumbered from § 159.11 of Title 47 by Laws
2002, c. 397, § 35, eff. Nov. 1, 2002. Amended by Laws 2012, c. 304,
§ 505.
§63-488.1. Program of immunization.
The State Department of Public Health is hereby authorized to
initiate and organize a state-wide program supplementing a program of
the National Foundation for Infantile Paralysis and administer
vaccine designed to immunize children against that disease. Said
Department is authorized to cooperate further with the authorities of
the National Foundation for Infantile paralysis and to make such
rules and regulations in connection therewith as will assure the
administration of vaccine to the greatest possible number of children
within the age group most susceptible to the disease and within the
limits of the funds made available for that purpose under the
provisions of this act.
Laws 1955, p. 348, § 1.
§63-488.2. Funds.
The Governor of the State is hereby authorized to set aside from
his Emergency Contingency Fund such monies as he shall determine may
be used for such purpose without impairing said fund beyond the
amount deemed by him to be necessary as a reserve for possible
contingencies involving the primary purpose of said fund. The State
Emergency Relief Board is hereby authorized and directed to determine
and set aside all funds which said Board shall determine are not
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necessary now or during the next biennium for the normal function of
the Emergency Relief Program directed by said Board. The funds made
available under the provisions of this section are hereby
appropriated to the State Department of Public Health to be used to
defray the expenses of purchasing and administering vaccine under the
program authorized by the provisions of Section 1 of this act.
Laws 1955, p. 348, § 2.
§63-535. Repealed by Laws 1963, c. 325, art. 17, § 1705, operative
July 1, 1963.
§63-536. Repealed by Laws 1963, c. 325, art. 17, § 1705, operative
July 1, 1963.
§63-537. Repealed by Laws 1963, c. 325, art. 17, § 1705, operative
July 1, 1963.
§63-538. Repealed by Laws 1963, c. 325, art. 17, § 1705, operative
July 1, 1963.
§63-663. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29,
2003.
§63-680. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29,
2003.
§63-681. School buildings - Protection from tornadoes and severe
weather.
School authorities of the State of Oklahoma, its political
subdivisions, and its school districts are authorized to plan,
design, and construct new school buildings and make additions to
existing school buildings that afford protection for the anticipated
school body, faculty, and visitors against tornadoes and severe
weather. Each school, administration building and institution of
higher learning shall have written plans and procedures in place for
protecting students, faculty, administrators and visitors from
natural and man-made disasters and emergencies. Plans shall be
reviewed and updated annually as appropriate by each school,
administration building and institution of higher learning, and
placed on file at each school district and each local emergency
response organization within the district, which may include police,
fire, emergency medical services, sheriff and emergency management of
the appropriate jurisdiction. The plans shall be submitted in a
format acceptable to the emergency agency no later than November 1 of
each year. Each school district and institution of higher learning
shall make annual reports to the local school board or Board of
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Regents detailing the status of emergency preparedness and identified
safety needs for each school or institution.
Added by Laws 1967, c. 4, § 2, emerg. eff. Feb. 14, 1967. Amended by
Laws 2003, c. 329, § 1, emerg. eff. May 29, 2003; Laws 2008, c. 216,
§ 3, eff. Nov. 1, 2008; Laws 2013, c. 55, § 1, eff. July 1, 2013.
§63-682. Federal assistance programs - Participation.
Each state institution, agency, board, and department, each
political subdivision of the state, and each school district of the
state is authorized to participate in such federal assistance
programs as may be available or may become available to assist in
providing tornado and severe weather protection.
Added by Laws 1967, c. 4, § 3, emerg. eff. Feb. 14, 1967. Amended by
Laws 2003, c. 329, § 2, emerg. eff. May 29, 2003.
§63-682.1. Vaccination program for first responders.
A. As used in this section:
1. “Department” means the State Department of Health,
Bioterrorism Division;
2. “Director” means the Commissioner of Health;
3. “Bioterrorism” means the intentional use of any
microorganism, virus, infectious substance or biological product that
may be engineered as a result of biotechnology or any naturally
occurring or bioengineered component of any microorganism, virus,
infectious substance or biological product, to cause or attempt to
cause death, disease or other biological malfunction in any living
organism;
4. “Disaster locations” means any geographical location where a
bioterrorism attack, terrorist attack, catastrophic or natural
disaster or emergency occurs; and
5. “First responders” means state and local law enforcement
personnel, fire department personnel and emergency medical personnel
who will be deployed to bioterrorism attacks, terrorist attacks,
catastrophic or natural disasters and emergencies.
B. The Department shall offer a vaccination program for first
responders who may be exposed to infectious diseases when deployed to
disaster locations. The vaccinations shall include, but are not
limited to, hepatitis B vaccination, diphtheria-tetanus vaccination,
influenza vaccination, and other vaccinations when recommended by the
United States Public Health Service and in accordance with Federal
Emergency Management Directors Policy. Immune globulin will be made
available when necessary.
C. Participation in the vaccination program will be voluntary by
the first responders, except for first responders who are classified
as having “occupational exposure” to bloodborne pathogens as defined
by the Occupational Safety and Health Administration Standard
contained at 29 CFR 1910.1030. First responders who are classified
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as having “occupational exposure” to bloodborne pathogens shall be
required to take the designated vaccinations.
D. A first responder shall be exempt from vaccinations when a
written statement from a licensed physician is presented indicating
that a vaccine is medically contraindicated for that person or the
first responder signs a written statement that the administration of
a vaccination conflicts with their religious tenets.
E. In the event of a vaccine shortage, the Director, in
consultation with the Governor and the Centers for Disease Control
and Prevention, shall give priority for vaccination to first
responders.
F. The Department shall notify first responders of the
availability of the vaccination program and shall provide educational
materials on ways to prevent exposure to infectious diseases.
G. The Department may contract with county and local health
departments, not-for-profit home health care agencies, hospitals and
physicians to administer a vaccination program for first responders.
H. This section shall be effective upon receipt of federal
funding and/or federal grants for administering a first responders
vaccination program. Upon receipt of such funding, the Department
shall make available the vaccines to first responders as provided in
this section. If federal funds for these vaccines cease, the state
shall not be liable for the continuation or cost of vaccines.
Added by Laws 2003, c. 292, § 1, emerg. eff. May 27, 2003.
§63-683.1. Citation.
This act may be cited as the “Oklahoma Emergency Management Act
of 2003”.
Added by Laws 1967, c. 33, § 1, emerg. eff. March 21, 1967. Amended
by Laws 1999, c. 57, § 1, eff. July 1, 1999; Laws 2003, c. 329, § 3,
emerg. eff. May 29, 2003.
§63-683.2. Findings and declarations.
A. Because of the existing and increasing possibility of the
occurrence of disasters of unprecedented size and destructiveness
resulting from natural and man-made causes, in order to ensure that
preparations of this state will adequately deal with such disasters
and emergencies, to generally provide for the common defense and to
protect the public peace, health, and safety, to preserve the lives
and property of the people of this state, and to carry out the
objectives of state and national survival and recovery in the event
of a disaster or emergency, it is hereby found and declared to be
necessary to:
1. Create the Oklahoma Department of Emergency Management (OEM);
2. Authorize the creation of local organizations for emergency
management in the counties and incorporated municipalities of this
state;
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3. Provide for the formulation and execution of an emergency
operations plan for the state;
4. Confer upon the Governor and upon the executive heads or
governing bodies of the political subdivisions of the state the
emergency powers provided by the Oklahoma Emergency Management Act of
2003;
5. Provide for the rendering of mutual aid among the political
subdivisions of this state and with other states to cooperate with
the federal government with respect to carrying out emergency
management functions and hazard mitigation; and
6. Provide sufficient organization to meet, prevent or reduce
emergencies in the general interest and welfare of the public and
this state.
B. It is further declared to be the purpose of the Oklahoma
Emergency Management Act of 2003 and the policy of this state that
all emergency management and hazard mitigation functions of this
state be coordinated to the maximum extent with the comparable
functions of the federal government, including its various
departments and agencies, of other states and localities, and of
private agencies of every type, to the end that the most effective
preparation and use may be made of available workforce, resources and
facilities for dealing with disaster and hazard mitigation.
C. It is also directed that each state agency, board,
commission, department or other state entity having responsibilities
either indicated in the state Emergency Operations Plan or by the
nature of the service it provides to the citizens of Oklahoma shall
have written plans and procedures in place to protect individual
employees, administrators and visitors from natural and man-made
disasters and emergencies occurring at the work place. Plans and
procedures shall be in concurrence with the Oklahoma Department of
Emergency Management Guidebook titled “Emergency Standard Operating
Procedures” for state departments, agencies, offices and employees.
Each state agency, board, commission, department or other state
entity shall provide a calendar year annual report on the status of
their emergency management program to OEM. OEM shall compile and
integrate all reports into a report to the Governor and Legislature
on the status of state emergency preparedness.
D. Each state agency, board, commission, department or other
state entity shall have written plans and procedures in place to
support the responsibilities stated in the state Emergency Operations
Plan.
E. The National Incident Management System (NIMS) shall be the
standard for incident management in the State of Oklahoma. All on-
scene management of disasters and emergencies shall be conducted
using the Incident Command System (ICS).
Added by Laws 1967, c. 33, § 2, emerg. eff. Feb. 14, 1967. Amended
by Laws 1976, c. 135, § 1, emerg. eff. May 24, 1976; Laws 1984, c.
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113, § 1, eff. July 1, 1984; Laws 1999, c. 57, § 2, eff. July 1,
1999; Laws 2003, c.329, § 4, emerg. eff. May 29, 2003; Laws 2006, c.
199, § 1, emerg. eff. May 26, 2006.
§63-683.3. Definitions.
As used in the Oklahoma Emergency Management Act of 2003:
1. "Emergency management" means the preparation for and the
coordination of all emergency functions by organized and trained
persons, who will extend existent governmental functions and provide
other necessary nongovernmental functions, to prevent, minimize and
repair injury and damage resulting from natural or man-made disasters
developing to such an extent to cause an extreme emergency situation
to arise which by declaration of the Governor jeopardizes the welfare
of the citizens of this state. These emergency functions include,
but are not limited to, fire fighting, law enforcement, medical and
health, search and rescue, public works, warnings, communications,
hazardous materials and other special response functions, evacuations
of persons from affected areas, emergency assistance services,
emergency transportation, and other functions related to
preparedness, response, recovery and mitigation;
2. "Emergency Operations Plan" means that plan which sets forth
the organization, administration and functions for emergency
management by the state or local government;
3. “Emergency” means any occasion or instance for which, in the
determination of the President of the United States or the Governor
of the State of Oklahoma, federal or state assistance is needed to
supplement state and local efforts and capabilities to save lives and
to protect property and public health and safety, or to lessen or
avert threat of a catastrophe in any part of the state;
4. “Significant events” means all hazardous material releases of
any size and type, earthquakes, fires involving large buildings or
facilities and large grass or wild fires, explosions, bomb threats,
terrorist/civil disturbance, aircraft crash, natural disaster,
utility disruption, dam breach, technological/man-made incident,
search and rescue, structural collapse, and any other incident that
poses significant consequences to the jurisdiction;
5. "Hazard mitigation" means any cost-effective measure which
will reduce or eliminate the effects of a natural or man-made
disaster;
6. "Local organization for emergency management" means an
organization created in accordance with the provisions of the
Oklahoma Emergency Management Act of 2003 by state or local authority
to perform local emergency management functions;
7. “Man-made disaster” means a disaster caused by acts of man
including, but not limited to, an act of war, terrorism, chemical
spill or release, or power shortages that require assistance from
outside the local political subdivision;
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8. "Natural disaster" means any natural catastrophe, including,
but not limited to, a tornado, severe storm, high water, flood
waters, wind-driven water, earthquake, landslide, mudslide,
snowstorm, or drought which causes damage of sufficient severity and
magnitude to warrant hazard mitigation or the use of resources of the
federal government, or the state and political subdivisions thereof
to alleviate the damage, loss, hardship or suffering caused thereby;
and
9. "Political subdivision" shall mean any county, city, town or
municipal corporation of the State of Oklahoma represented by an
elected governing body.
Added by Laws 1967, c. 33, § 3, emerg. eff. Feb. 14, 1967. Amended
by Laws 1976, c. 135, § 2, emerg. eff. May 24, 1976; Laws 1979, c.
50, § 1, eff. July 1, 1979; Laws 1999, c. 57, § 3, eff. July 1, 1999;
Laws 2003, c. 329, § 5, emerg. eff. May 29, 2003.
§63-683.4. Oklahoma Department of Emergency Management – Powers and
duties of Director.
A. There is hereby created the Oklahoma Department of Emergency
Management (OEM). The Governor shall appoint a Director of the
Department, with the advice and consent of the Senate, who shall be
the head of the Department. The Governor shall fix the salary of the
Director, in cooperation with standards promulgated by the Office of
Management and Enterprise Services.
B. The Director may employ personnel and fix their compensation
in cooperation with standards promulgated by the Office of Management
and Enterprise Services, and may make such expenditures within the
appropriation therefor, or from such other available funds as may be
necessary to carry out the purposes of the Oklahoma Emergency
Management Act of 2003 and other programs specified by law.
C. The Director and other personnel of the Department shall be
provided with appropriate office space, furniture, equipment,
supplies, stationery, and printing in the same manner as provided for
personnel of other state agencies.
D. The Director, subject to the direction and control of the
Governor, shall be the executive head of the Department and shall
serve as the chief advisor to the Governor on emergency management
and shall:
1. Be responsible to the Governor for carrying out the programs
as required by law;
2. Coordinate the activities of all organizations for emergency
management within the state;
3. Maintain liaison with and cooperate with the emergency
management agencies and organizations of other states and of the
federal government;
4. Develop and maintain a comprehensive all-hazards mitigation
plan for this state;
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5. Implement the Oklahoma Hazard Mitigation Program;
6. Have such additional authority, duties, and responsibilities
authorized by the Oklahoma Emergency Management Act of 2003 and as
may be prescribed by the Governor;
7. Supervise the Office of Volunteerism in accordance with
Section 683.26 of this title; and
8. Report quarterly to the Governor, the Speaker of the House of
Representatives and the President Pro Tempore of the Senate the
balance and outstanding obligations of the State Emergency Fund.
E. The Director shall supervise the formulation, execution,
review and revisions of the state Emergency Operations Plan as
provided for by Section 683.2 of this title. The plan shall be
reviewed annually and revised as necessary.
Added by Laws 1967, c. 33, § 4, emerg. eff. Feb. 14, 1967. Amended
by Laws 1982, c. 338, § 48, eff. July 1, 1982; Laws 1984, c. 113, §
2, eff. July 1, 1984; Laws 1991, c. 216, § 13, operative July 1,
1991; Laws 1999, c. 57, § 4, eff. July 1, 1999; Laws 2003, c. 329, §
6, emerg. eff. May 29, 2003; Laws 2010, c. 128, § 1, eff. Nov. 1,
2010; Laws 2012, c. 304, § 506.
§63-683.5a. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29,
2003.
§63-683.6. State Hazard Mitigation Team.
A. There is hereby created the State Hazard Mitigation Team,
composed of the administrative heads of the following agencies or
their designees:
1. Oklahoma Department of Emergency Management, who shall serve
as the Team Coordinator;
2. Oklahoma Water Resources Board;
3. Oklahoma Climatological Survey;
4. Oklahoma Conservation Commission;
5. Corporation Commission;
6. Oklahoma Department of Commerce;
7. Department of Environmental Quality;
8. Department of Human Services;
9. State Department of Health;
10. Department of Transportation;
11. Oklahoma Department of Agriculture, Food, and Forestry or
the Secretary of Agriculture;
12. Department of Wildlife Conservation;
13. Oklahoma Historical Society;
14. Oklahoma Insurance Department;
15. Association of County Commissioners of Oklahoma;
16. Oklahoma Municipal League;
17. State Fire Marshal;
18. Department of Labor;
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19. A local Emergency Management Director as determined by the
President of the Oklahoma Emergency Management Association;
20. State Chancellor or his or her representative for The
Oklahoma State System of Higher Education; and
21. State Director or his or her representative for the Oklahoma
Department of Career and Technology Education.
B. Depending on the circumstances, the Team Coordinator may
request participation of the heads of any other state agencies as
deemed appropriate.
C. The Team Coordinator shall also request that a representative
of the United States Army Corps of Engineers be appointed by the
administrative head of the Tulsa District to participate on the Team.
D. The Team Coordinator shall also request a representative of
the U.S. Department of Housing and Urban Development be appointed by
the administrative head of the Oklahoma City office to participate on
the team.
E. The State Hazard Mitigation Team will meet as determined by
the Team Coordinator to review and recommend updates to the State
Comprehensive All-hazard Mitigation Plan, and shall have those
additional responsibilities as provided by the Team Coordinator,
including, but not limited to, the review and recommendation for loan
and grant application under the Oklahoma Flood Hazard Mitigation
Program.
Added by Laws 1967, c. 33, § 6, emerg. eff. Feb. 14, 1967. Amended
by Laws 1979, c. 241, § 7, operative July 1, 1979; Laws 1999, c. 57,
§ 5, eff. July 1, 1999; Laws 2003, c. 329, § 7, emerg. eff. May 29,
2003; Laws 2008, c. 359, § 12, emerg. eff. June 3, 2008; Laws 2010,
c. 258, § 1, eff. Nov. 1, 2010; Laws 2013, c. 227, § 15, eff. Nov. 1,
2013.
§63-683.8. Powers and duties of Governor.
A. The Governor shall have general direction and control of the
Oklahoma Department of Emergency Management and shall be responsible
for carrying out the provisions of the Oklahoma Emergency Management
Act of 2003. In the event of an emergency that exceeds local
capability, the Governor may assume direct operational control over
all or any part of the emergency management functions within this
state.
B. The Governor shall have general direction and control of
emergency management within the state and all officers, boards,
agencies, individual or groups established under the Emergency
Operations Plan. The Governor shall have the authority pursuant to
the Oklahoma Emergency Management Act of 2003 to establish such
offices, boards, agencies, or positions as may be necessary to carry
into effect the Emergency Operations Plan.
C. The Governor is authorized to cooperate with the federal
government, with other states, and with private agencies in all
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matters pertaining to the emergency management of this state and of
the nation.
D. To effect the policy and purpose of the Oklahoma Emergency
Management Act of 2003, the Governor is further authorized and
empowered to:
1. Make, amend, and rescind the necessary orders and rules to
carry out the provisions of the Oklahoma Emergency Management Act of
2003 within the limits of authority conferred upon the Governor
herein, with due consideration of the emergency management plans of
the federal government;
2. Cause to be prepared and updated annually a comprehensive
plan and program for emergency management of this state, such plans
and programs to be integrated into and coordinated with the plans of
the federal government and of other states to the fullest possible
extent, and to coordinate the preparation of plans and programs for
emergency management by the political subdivisions of this state;
3. Procure supplies and equipment in accordance with such plans
and programs, institute training programs and public information
programs, take all other preparatory steps, including the partial or
full activation of emergency management organizations in advance of
actual disaster, and to ensure the furnishing of adequately trained
and equipped personnel in time of need, during periods of national
emergency, or natural disasters that might occur in this state, or
which develop into emergency situations;
4. On behalf of this state, enter into mutual aid arrangements
with other states and coordinate mutual aid plans between political
subdivisions of this state;
5. Delegate any administrative authority vested in the Governor
pursuant to the Oklahoma Emergency Management Act of 2003, and
provide for subdelegation of any such authority;
6. Confirm the appointment of qualified emergency managers upon
recommendations of local authorities as provided in Section 683.11 of
this title;
7. Cooperate with the President of the United States and the
heads of the Armed Forces, the Federal Emergency Management Agency,
and other appropriate federal officers and agencies, with the
officers and agencies of other states in matters pertaining to the
emergency management of the state and nation, including the direction
and control of:
a. state emergency management activations and exercises,
b. warnings for actual or exercise events and the
equipment to be used in connection therewith,
c. the conduct of civilians and the movement of and
cessation of movement of pedestrians and vehicular
traffic during, prior and subsequent to natural and
man-made disasters and emergencies,
d. public meetings or gatherings, and
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e. the evacuation and reception of the civil population;
and
8. Prescribe uniform signals, warnings, alerts, credentials and
insignia.
E. In addition to prevention measures included in the state and
local comprehensive plans and programs for emergency management, the
Governor shall consider on a continuing basis steps that could be
taken to mitigate the harmful consequences of emergencies and natural
disasters. At the Governor's direction and pursuant to any other
authority specified by law, state agencies, including but not limited
to those charged with responsibilities in connection with floodplain
management, stream encroachment and flow regulation, weather
modification, fire prevention and control, air quality, public works,
land use and land use planning, and construction standards, shall
make studies of matters related to potential to mitigate emergency
and natural disasters. The Governor, from time to time, shall make
such recommendations to the Legislature, to political subdivisions
and to other appropriate public and private entities as may
facilitate measures for mitigation of the harmful consequences of
emergencies and natural disasters.
Added by Laws 1967, c. 33, § 8, emerg. eff. Feb. 14, 1967. Amended
by Laws 1999, c. 57, § 6, eff. July 1, 1999; Laws 2003, c. 329, § 8,
emerg. eff. May 29, 2003.
§63-683.9. Natural or man-made emergency - Additional powers of
Governor.
The provisions of this section shall be operative only during the
existence of a natural or man-made emergency. The existence of such
emergency may be proclaimed by the Governor or by concurrent
resolution of the Legislature if the Governor in such proclamation,
or the Legislature in such resolution, finds that an emergency or
disaster has occurred or is anticipated in the immediate future. Any
such emergency, whether proclaimed by the Governor or by the
Legislature, shall terminate upon the proclamation of the termination
thereof by the Governor, or by passage by the Legislature of a
concurrent resolution terminating such emergency. During such period
as such state of emergency exists or continues, the Governor shall
have and may exercise the following additional emergency powers:
1. To activate the Emergency Operations Plan, and to assume
regulatory control over all essential resources of this state,
directly or through the boards, agencies, offices and officers
established by the Emergency Operations Plan, to determine priorities
of such resources and allocate such resources as the Governor may
deem necessary in cooperation with the political subdivisions of this
state, the federal government, or other states. "Resources" shall
mean all economic resources within this state including but not
limited to food, manpower, health, water, transportation, economic
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stabilization, electric power, petroleum, gas, and solid fuel,
industrial production, construction and housing.
2. To enforce all laws, rules and regulations relating to
emergency management and to assume direct operational control of any
or all emergency management forces and helpers in this state.
3. To provide for the evacuation of all or part of the
population from any stricken or threatened area or areas within this
state and to take such steps as are necessary for the receipt and
care of such evacuees.
4. Subject to the provisions of the State Constitution, to
remove from office any public officer having administrative
responsibilities under this act for willful failure to obey any
order, rule or regulation adopted pursuant to this act. Such removal
shall be upon charges after service upon such person of a copy of
such charges and after giving such person an opportunity to be heard
in the defense of such person. Pending the preparation and
disposition of charges, the Governor may suspend such person for a
period not exceeding thirty (30) days. A vacancy resulting from
removal or suspension pursuant to this section shall be filled by the
Governor until it is filled as otherwise provided by law.
5. To perform and exercise such other functions, powers, and
duties as are necessary to promote and secure the safety and
protection of the civilian population and to carry out the provisions
of the Emergency Operations Plan in a national or state emergency.
Added by Laws 1967, c. 33, § 9, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 9, emerg. eff. May 29, 2003; Laws 2013, 1st
Ex.Sess., c. 17, § 2, emerg. eff. Sept. 10, 2013; Laws 2013, 1st
Ex.Sess., c. 17, § 3, emerg. eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 78, § 12 repealed by Laws 2010, c. 2, § 52,
emerg. eff. March 3, 2010.
NOTE: Laws 2009, c. 228, § 29 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. 17, § 1, emerg. eff. Sept. 10, 2013.
§63-683.10. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29,
2003.
§63-683.11. Political subdivisions - Emergency management programs -
Emergency management directors - Declaration of local emergency.
A. All incorporated jurisdictions of this state are required to
develop an emergency management program in accordance with the
Oklahoma Emergency Management Act of 2003. County jurisdictions are
required to have a qualified emergency management director as
outlined in this section. Incorporated municipalities are required
to either have an emergency management director or create an
agreement with the county for emergency management services. Each
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local organization for emergency management shall have a director who
shall be appointed by the executive officer or governing body of the
political subdivision, who shall report directly to the chief
executive officer or chief operating officer and who shall have
direct responsibility for the organization, administration, and
operation of such local organization for emergency management,
subject to the direction and control of such executive officer or
governing body. Each local organization for emergency management
shall perform emergency management functions within the territorial
limits of the political subdivisions within which it is organized,
and, in addition, shall conduct such functions outside of such
territorial limits as may be required pursuant to this act. Each
local emergency management organization shall develop, maintain and
revise, as necessary, an emergency operations plan for the
jurisdiction. Each plan shall address the emergency management
system functions of preparedness, response, recovery and mitigation.
Such plan shall be based upon a hazard and risk assessment for the
jurisdiction and shall include provisions for evacuation of all or a
portion of the jurisdiction based upon such risk in the event any
disaster, as defined in Section 683.3 of this title, necessitates the
evacuation of its citizens. Every political subdivision shall ensure
that there is widespread dissemination of the plan and information to
citizens as to how and when such plan is activated and how citizens
are to participate in evacuating their communities in the event of a
disaster. The plan shall be reviewed annually. Such plan shall be
coordinated with the state.
B. Emergency Management Directors (EMD) shall meet the
qualifications promulgated by the Oklahoma Department of Emergency
Management (OEM). The minimum qualifications include:
1. U.S. citizenship;
2. High school diploma or equivalent;
3. Valid Oklahoma driver license;
4. Social security number;
5. Has not been convicted of a felony in Oklahoma; and
6. Within one (1) year of appointment, the EMD must complete
basic emergency management training provided by the OEM.
C. Prior to employment, the employing agency shall obtain a
name-based background search by the Oklahoma State Bureau of
Investigation to determine if the EMD has been convicted of a felony.
D. Each Emergency Management Director shall be responsible for
all aspects of emergency management in their jurisdiction including:
conducting a hazard analysis detailing risks and vulnerabilities,
annually updating the existing all-hazard Emergency Operations Plan
(EOP), conducting and arranging for necessary training of all
relevant personnel, conducting annual exercises to evaluate the plan,
managing resources, determining shortfalls in equipment, personnel
and training, revising the EOP as necessary, establishing and
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maintaining an office of emergency management, communications,
warnings, conducting or supervising damage assessment and other pre-
and post-disaster-related duties.
E. Local fire departments, law enforcement and other first
response agencies shall notify the Emergency Management Director of
all significant events occurring in the jurisdiction. Emergency
Management Directors shall promptly report significant events to the
Oklahoma Department of Emergency Management.
F. In carrying out the provisions of this act, each political
subdivision, in which any disaster as defined in Section 683.3 of
this title occurs, shall have the authority to declare a local
emergency and the power to enter into contracts and incur obligations
necessary to combat such disaster, protecting the health and safety
of persons and property, and providing emergency assistance to the
victims of such disaster. Each political subdivision is authorized
to exercise the powers vested under this section in the light of the
exigencies of the extreme emergency situation without regard to time-
consuming procedures and formalities prescribed by law, excepting
mandatory constitutional requirements, pertaining to the performance
of public work, entering into contracts, the incurring of
obligations, the employment of temporary workers, the rental of
equipment, the purchase of supplies and materials, and the
appropriation and expenditure of public funds.
Added by Laws 1967, c. 33, § 11, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 10, emerg. eff. May 29, 2003; Laws 2006, c.
214, § 1, eff. Nov. 1, 2006.
§63-683.12. Mutual aid arrangements for reciprocal emergency
management.
A. The Director of each local organization for emergency
management may, in collaboration with other public and private
agencies within this state, develop or cause to be developed mutual
aid arrangements for reciprocal emergency management aid and
assistance in case of disaster too great to be dealt with unassisted.
Such arrangements shall be consistent with the state emergency
management plan and program, and in time of emergency it shall be the
duty of each local organization for emergency management to render
assistance in accordance with the provisions of such mutual aid
arrangements.
B. The Director of each local organization for emergency
management may, subject to the approval of the Governor, enter into
mutual aid arrangements with emergency management agencies or
organizations in other border states for reciprocal emergency
management aid and assistance in case of disaster too great to be
dealt with unassisted.
Added by Laws 1967, c. 33, § 12, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 11, emerg. eff. May 29, 2003.
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§63-683.13. Emergency management activities declared as governmental
functions - Workers' benefit rights preserved.
A. All functions hereunder and all other activities relating to
emergency management are hereby declared to be governmental
functions. The provisions of this section shall not affect the right
of any person to receive benefits to which the person would otherwise
be entitled under this act, or under the workers' compensation law,
or under any pension law, nor the right of any such person to receive
any benefits or compensation under any Act of Congress. Any
municipal fireman or policeman engaged in any emergency management
activities, while complying with or attempting to comply with this
act or any rule or regulation pursuant thereto, shall be considered
as serving in his or her regular line of duty and shall be entitled
to all benefits of any applicable pension fund.
B. Any requirement for a license to practice any professional,
mechanical, or other skill shall not apply to any authorized
emergency management worker from any state rendering mutual aid and
who holds a comparable license in that state, who shall practice such
professional, mechanical, or other skill during an emergency declared
under the provisions of this act, when such professional, mechanical
or other skill is exercised in accordance with the provisions of this
act.
C. As used in this section, the term "emergency management
worker" shall include any full or part-time paid, volunteer, or
auxiliary employee of this state, or other states, territories,
possession or the District of Columbia, of the federal government, or
any neighboring country, or of any political subdivision thereof, or
of any agency or organization, performing emergency management
services under state supervision, and who has been properly trained
in the performance of emergency management functions, at any place in
this state subject to the order or control of, or pursuant to a
request of, the state government or any political subdivision
thereof. The term "emergency management worker" shall not include
any volunteer health practitioner subject to the provisions of the
Uniform Emergency Volunteer Health Practitioners Act.
D. Any emergency management worker, as defined in this section,
performing emergency management services at any place in this state
pursuant to agreements, compacts, or arrangements for mutual aid and
assistance, to which the state or a political subdivision thereof is
a party, shall possess the same powers, duties, immunities, and
privileges the person would ordinarily possess if performing the same
duties in the state, province, or political subdivision thereof in
which normally employed or rendering services.
Added by Laws 1967, c. 33, § 13, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 12, emerg. eff. May 29, 2003; Laws 2013, 1st
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Ex.Sess., c. 17, § 5, emerg. eff. Sept. 10, 2013; Laws 2013, 1st
Ex.Sess., c. 17, § 6, emerg. eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 78, § 13 repealed by Laws 2010, c. 2, § 53,
emerg. eff. March 3, 2010.
NOTE: Laws 2009, c. 228, § 30 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. 17, § 4, emerg. eff. Sept. 10, 2013.
§63-683.14. Exemption from civil liability.
A. Any person owning or controlling real estate or other
premises who voluntarily and without compensation grants a license or
privilege or otherwise permits the designation or use of the whole or
any part or parts of such real estate or premises for the purpose of
sheltering persons, or providing a mass immunization and prophylaxis
site or Strategic National Stockpile storage site during an actual or
impending emergency or exercise shall, together with any successors
in interest, if any, not be civilly liable for negligently causing
the death of, or injury to, any person on or about such real estate
or premises for loss of, or damage to, the property of such person;
provided, that the injury or death was caused by or incidental to the
actual use of such premises for such real, actual or impending
emergency or exercise, and further provided that nothing herein
contained shall grant immunity from gross, willful or wanton acts of
negligence.
B. Neither the State of Oklahoma nor any political subdivision
thereof nor any officer or employee of the State of Oklahoma or of
any political subdivision thereof nor volunteer whose services have
been accepted and utilized by an officer or employee of the State of
Oklahoma or of any political subdivision thereof for carrying out the
functions of this act shall be civilly liable for any loss or injury
resulting to any person's company, corporation or other legal entity
as a result of any decision, determination, order or action of such
employee in the performance of assigned duties and responsibilities
under this act during a stated emergency unless such loss or injury
was caused by the gross negligence, or willfully and unnecessarily or
by the wanton act of such state officer or employee or volunteer.
Nothing in this act shall be construed to waive the sovereignty or
immunity of the State of Oklahoma, or any political subdivision
thereof, from being sued.
Added by Laws 1967, c. 33, § 14, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 13, emerg. eff. May 29, 2003; Laws 2006, c.
199, § 2, emerg. eff. May 26, 2006.
§63-683.15. Limitation on political activity.
No organization for emergency management established under the
authority of this act shall participate in any form of political
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activity, nor shall it be employed directly or indirectly for
political purposes.
Added by Laws 1967, c. 33, § 15, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 14, emerg. eff. May 29, 2003.
§63-683.16. Restriction on employment - Loyalty oath.
No person shall be employed in any capacity in any emergency
management organization who advocates or has advocated a change by
force or violence in the constitutional form of the government of the
United States or in this state or the overthrow of any government in
the United States by force or violence, or who has been convicted of
or is under indictment or information charging any subversive act
against the United States. Each person who is appointed to serve in
an organization of emergency management shall, before entering upon
employment duties, take the Oklahoma Loyalty Oath, in writing, before
a person authorized to administer oaths in this state.
Added by Laws 1967, c. 33, § 16, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 15, emerg. eff. May 29, 2003.
§63-683.17. Appropriation powers - Gifts, grants and loans.
A. Each political subdivision shall have the power to make
appropriations in the manner provided by law for making
appropriations for the ordinary expenses of such political
subdivision for the payment of expenses of its local organizations
for emergency management.
B. Whenever the federal government or any agency or officer
thereof shall offer to the state, or through the state to any
political subdivision thereof, services, equipment, supplies,
materials, or funds by way of gift, grant, or loan, for purposes of
emergency management, the state acting through the Governor, or such
political subdivision acting with the consent of the Governor and
through its executive officer or governing body, may accept such
offer and upon such acceptance the Governor of the state or executive
officer or governing body of such political subdivision may authorize
any officer of the state or of the political subdivision, as the case
may be, to receive such services, equipment, supplies, materials, or
funds on behalf of the state or such political subdivision, and
subject to the terms of the offer and the rules and regulations, if
any, of the agency making the offer.
C. Whenever any person, firm, or corporation shall offer to the
state, or to any political subdivision thereof, services, equipment,
supplies, materials, or funds by way of gift, grant, or loan, for
purposes of emergency management, the state acting through the
Governor, or such political subdivision acting through its executive
officer or governing body, may accept such offer and upon such
acceptance the Governor of the state or executive officer or
governing body of such political subdivision may authorize any
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officer of the state or the political subdivision, as the case may
be, to receive such services, equipment, supplies, materials, or
funds on behalf of the state or such political subdivision, and
subject to the terms of the offer.
D. Each political subdivision shall have the power to provide,
by ordinances or otherwise, for a local emergency management
organization, and said subdivisions shall have power to make
appropriations for emergency management and disaster relief in the
manner provided by law for making appropriations for ordinary
expenses of such political subdivisions and shall have power to enter
into agreements for the purpose of organizing civil defense units; to
provide for a mutual method of financing the organization of such
units on a basis approved by the State Emergency Management Director
and satisfactory to said political subdivisions, but in which case
the funds appropriated by said political subdivisions and any other
funds provided for civil defense for such mutual purpose shall be
nonfiscal funds and shall be placed on deposit with the county
treasurer as custodian of such emergency management funds, and from
which expenditures may be made on forms prescribed by the State
Auditor and Inspector, in accordance with procedures approved by the
State Emergency Management Director; and shall have power to render
aid to other political subdivisions under mutual aid agreements,
provided that the functioning of said units shall be coordinated by
the State Emergency Management Director and the Director’s staff
according to plans promulgated for that purpose.
Added by Laws 1967, c. 33, § 17, emerg. eff. Feb. 14, 1967. Amended
by Laws 1979, c. 30, § 105, emerg. eff. April 6, 1979; Laws 2003, c.
329, § 16, emerg. eff. May 29, 2003.
§63-683.18. Utilization of services, equipment, etc.
In carrying out the provisions of this act, the Governor and the
executive officers or governing bodies of the political subdivisions
of the state are directed to utilize the services, equipment,
supplies and facilities of existing departments, offices and agencies
of the state and of the political subdivisions thereof to the maximum
extent practicable, and the officers and personnel of all such
departments, offices, and agencies are directed to cooperate with and
extend such services and facilities to the Governor and to the
emergency management organizations of the state upon request.
Added by Laws 1967, c. 33, § 18, emerg. eff. Feb. 14, 1967. Amended
by Laws 2003, c. 329, § 17, emerg. eff. May 29, 2003.
§63-683.19. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29,
2003.
§63-683.19a. County and city-county health departments - Benefits,
powers, immunities and protections.
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The benefits, powers, immunities and protections afforded to
political subdivisions under the Oklahoma Emergency Management Act of
2003 shall inure to county and city-county health departments within
this state.
Added by Laws 2007, c. 69, § 1, eff. Nov. 1, 2007.
§63-683.21. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29,
2003.
§63-683.22. Repealed by Laws 2003, c. 329, § 61, emerg. eff. May 29,
2003.
§63-683.23. Violations - Civil actions - Jurisdiction - Penalties -
Enforcement.
A. The Oklahoma Department of Emergency Management (OEM) may
request the Attorney General to institute a civil action for relief,
including a permanent or temporary injunction, restraining order or
any other appropriate order in the appropriate district court,
whenever any person:
1. Violates or fails or refuses to comply with any order or
decision issued by the OEM;
2. Interferes with, hinders or delays the OEM in carrying out
its duties and responsibilities;
3. Refuses to admit authorized representatives of the OEM;
4. Refuses to permit inspection by authorized representatives of
the OEM;
5. Refuses to furnish any information or report requested by the
OEM to accomplish its duties and responsibilities;
6. Refuses to permit access to, or copying of, such records as
the OEM determines necessary to accomplish its duties and
responsibilities.
B. The court shall have jurisdiction to provide such relief as
may be appropriate. Any relief granted by the court to enforce an
order under subsection A of this section shall continue in effect
until the completion or final termination of all proceedings for
review of such order is made, unless the district court granting such
relief sets it aside or modifies it.
C. Any person willfully violating any rule, regulation or order
of the OEM shall be deemed guilty of a misdemeanor, and shall, upon
conviction thereof, be punished by imprisonment in the county jail
for not more than six (6) months, or by a fine of not more than Three
Thousand Dollars ($3,000.00), or both. Each day of violation shall
constitute a separate offense.
D. The Department of Public Safety, the Oklahoma State Bureau of
Investigation, and the Oklahoma Tax Commission shall assist the OEM
in the enforcement of any rule, regulation or order of the OEM.
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Added by Laws 1981, c. 265, § 7, emerg. eff. June 25, 1981. Amended
by Laws 2003, c. 329, § 18, emerg. eff. May 29, 2003.
§63-683.24. Emergency Management Disaster Relief Matching Fund.
There is hereby created in the State Treasury a special fund for
the Oklahoma Department of Emergency Management, to be designated the
Emergency Management Disaster Relief Matching Fund. The fund shall
be a continuing fund not subject to fiscal year limitations, and
shall be composed of monies that may be appropriated to or otherwise
received by said fund. Said fund is to be utilized as the state's
share of matching requirements for federal funds advanced under the
provisions of Sections 402, 403 and 419, Public Law 93-288, Disaster
Relief Act of 1974 and shall not be subject to legislative
appropriation.
Added by Laws 1982, c. 374, § 42, emerg. eff. July 20, 1982. Amended
by Laws 2003, c. 329, § 19, emerg. eff. May 29, 2003.
§63-683.25. Short title.
This act shall be known and may be cited as the "Oklahoma
Volunteerism Act".
Added by Laws 1992, c. 340, § 1. Renumbered from § 8001 of Title 74
by Laws 1996, c. 244, § 11, eff. July 1, 1996.
§63-683.26. Voluntary involvement in emergency management programs –
Voluntary emergency management initiatives.
The Oklahoma Department of Emergency Management shall:
1. Support voluntary involvement in public and private emergency
management programs to meet the needs of the citizens of the State of
Oklahoma;
2. Stimulate new voluntary emergency management initiatives and
partnerships; and
3. Serve as a resource and advocate within the State of Oklahoma
for volunteer agencies, volunteers and programs which utilize
volunteers to support emergency response and disaster recovery
operations.
Added by Laws 1992, c. 340, § 2. Amended by Laws 1996, c. 244, § 1,
eff. July 1, 1996. Renumbered from § 8002 of Title 74 by Laws 1996,
c. 244, § 11, eff. July 1, 1996. Amended by Laws 2003, c. 329, § 20,
emerg. eff. May 29, 2003; Laws 2013, c. 227, § 16, eff. Nov. 1, 2013.
§63-683.27. Repealed by Laws 2013, c. 227, § 18, eff. Nov. 1, 2013.
§63-683.28. Oklahoma Department of Emergency Management – Volunteer
programs.
The Oklahoma Department of Emergency Management, in cooperation
with governmental entities, individual volunteers and volunteer
organizations throughout the State of Oklahoma, shall:
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1. Assist all state agencies in the development of emergency
management volunteer programs;
2. Operate as a statewide information center for volunteer
programs and needed services that could be delivered by volunteer
programs;
3. Provide or aid in the provision of technical assistance and
training for directors and coordinators of volunteers, for staff, and
for individual volunteers for state, local or private entities;
4. Assess and recognize the needs of communities throughout the
State of Oklahoma and assist volunteer programs to meet emergency
preparedness and disaster recovery programs;
5. Promote and coordinate efforts to expand and improve the
statewide voluntary network;
6. Develop, implement and maintain a volunteer clearinghouse to
disseminate information to support emergency management volunteer
programs and to broaden voluntary involvement throughout the State of
Oklahoma;
7. Promote communication and collaboration between public and
private volunteer programs in the State of Oklahoma and between the
public and private sector's initiatives in meeting emergency human
needs;
8. Establish methods for supporting and promoting private sector
leadership and responsibility for meeting emergency public needs;
9. Cooperate with federal, state, and local volunteer groups in
collecting information on federal, state and private resources which
may encourage and improve emergency management volunteer projects
within the State of Oklahoma;
10. Develop a program to inform the public of the opportunities
to volunteer and of the services emergency management volunteers
provide within the State of Oklahoma; and
11. Cooperate with federal, state and local governments and
voluntary groups in developing a plan and operational procedures for
the receiving and disbursement of donated goods during times of
disaster or emergency.
Added by Laws 1992, c. 340, § 3. Amended by Laws 1996, c. 244, § 3,
eff. July 1, 1996. Renumbered from § 8003 of Title 74 by Laws 1996,
c. 244, § 11, eff. July 1, 1996. Amended by Laws 2003, c. 329, § 22,
emerg. eff. May 29, 2003; Laws 2013, c. 227, § 17, eff. Nov. 1, 2013.
§63-683.29. Repealed by Laws 2007, c. 93, § 9, eff. Nov. 1, 2007.
§63-683.30. Repealed by Laws 2013, c. 227, § 18, eff. Nov. 1, 2013.
§63-683.31. Repealed by Laws 2013, c. 227, § 18, eff. Nov. 1, 2013.
§63-683.32. Funds, grants, and services from federal government -
Receipt and expenditure.
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The Director of the Oklahoma Department of Emergency Management
may receive and expend funds, grants, and services from the United
States Government and agencies and instrumentalities thereof and any
other source for reasonable purposes necessary to carry out a
coordinated plan of voluntary action throughout the State of
Oklahoma. The monies remitted to the Director of the Oklahoma
Department of Emergency Management pursuant to this section shall be
credited to a separate account in the Revolving Fund for the Oklahoma
Department of Emergency Management.
Added by Laws 1992, c. 340, § 6. Amended by Laws 1996, c. 244, § 7,
eff. July 1, 1996. Renumbered from § 8006 of Title 74 by Laws 1996,
c. 244, § 11, eff. July 1, 1996. Amended by Laws 2003, c. 329, § 23,
emerg. eff. May 29, 2003.
§63-683.33. Power to make contracts and agreements.
The Director of the Oklahoma Department of Emergency Management
may make and enter into all contracts and agreements necessary or
incidental to the performance of its duties and the provisions of the
Oklahoma Volunteerism Act.
Added by Laws 1992, c. 340, § 7. Amended by Laws 1996, c. 244, § 8,
eff. July 1, 1996. Renumbered from § 8007 of Title 74 by Laws 1996,
c. 244, § 11, eff. July 1, 1996. Amended by Laws 2003, c. 329, § 24,
emerg. eff. May 29, 2003.
§63-683.34. Rules.
The Director of the Oklahoma Department of Emergency Management
shall promulgate rules necessary for the implementation of the
provisions of the Oklahoma Volunteerism Act in accordance with
Article 1 of the Administrative Procedures Act, Sections 250.3
through 308.2 and Article II, Sections 309 through 323 of Title 75 of
the Oklahoma Statutes.
Added by Laws 1992, c. 340, § 8. Amended by Laws 1996, c. 244, § 9,
eff. July 1, 1996. Renumbered from § 8008 of Title 74 by Laws 1996,
c. 244, § 11, eff. July 1, 1996. Amended by Laws 2003, c. 329, § 25,
emerg. eff. May 29, 2003.
§63-683.35. Short title - Oklahoma First Informer Broadcasters Act.
This act shall be known and may be cited as the "Oklahoma First
Informer Broadcasters Act".
Added by Laws 2014, c. 129, § 1, emerg. eff. April 22, 2014.
§63-683.36. Definitions – Training and certification program –
Access to area affected by emergency or disaster.
A. As defined in this section:
1. "Broadcaster" means a radio broadcasting station or
television broadcasting station primarily engaged in, and deriving
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income from, the business of facilitating speech via over-the-air
communications, both as to pure speech and commercial speech; and
2. "First informer broadcaster" means a person who has been
certified as a first informer broadcaster pursuant to subsection C of
this section.
B. Broadcasters in this state may, in cooperation with the
Oklahoma Department of Emergency Management and a statewide
organization that represents radio and television broadcasters,
develop comprehensive, coordinated plans for preparing for and
responding appropriately to an emergency or disaster.
C. A statewide organization that represents radio and television
broadcasters may establish a program for training and certifying
broadcast engineers and technical personnel as first informer
broadcasters. The program established pursuant to this subsection
shall:
1. Be consistent with federal law and guidelines;
2. Provide training and education concerning restoring,
repairing and resupplying any facilities and equipment of a
broadcaster in an area affected by an emergency or disaster; and
3. Provide training and education concerning the personal safety
of a first informer broadcaster in an area affected by an emergency
or disaster.
D. To the extent practicable and consistent with not endangering
public safety or inhibiting recovery efforts, state and local
governmental agencies shall allow a first informer broadcaster access
to an area affected by an emergency or disaster for the purpose of
restoring, repairing, or resupplying any facility or equipment
critical to the ability of a broadcaster to acquire, produce, and
transmit essential emergency or disaster-related public information
programming, including, without limitation, repairing and maintaining
transmitters and generators, and transporting fuel for generators.
Added by Laws 2014, c. 129, § 2, emerg. eff. April 22, 2014.
§63-684.1. Entry into Emergency Management Compact.
The Emergency Management Compact is hereby entered into by this
state with any and all other states legally joining therein in
accordance with its terms, in the form substantially as follows:
Added by Laws 1996, c. 325, § 1, emerg. eff. June 12, 1996.
§63-684.2. Purpose and authorities.
ARTICLE I
Purpose and Authorities
This compact is made and entered into by and between the
participating member states, hereinafter called party states, which
enact this compact. For the purposes of this compact, the term
"states" is taken to mean the several states, the Commonwealth of
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Puerto Rico, the District of Columbia, and all U.S. territorial
possessions.
The purpose of this compact is to provide for mutual assistance
between the states entering into this compact in managing any
emergency or disaster that is duly declared by the governor of the
affected state, whether arising from natural or man-made disasters or
emergencies.
This compact shall also provide for mutual cooperation in
emergency-related exercises, testing, or other training activities
using equipment and personnel simulating performance of any aspect of
the giving and receiving of aid by party states or subdivisions of
party states during emergencies, such actions occurring outside
actual declared emergency periods. Mutual assistance in this compact
may include the use of the states' National Guard forces, either in
accordance with the National Guard Mutual Assistance Compact or by
mutual agreement between states.
Added by Laws 1996, c. 325, § 2, emerg. eff. June 12, 1996. Amended
by Laws 2003, c. 329, § 26, emerg. eff. May 29, 2003.
§63-684.3. General implementation.
ARTICLE II
General Implementation
Each party state entering into this compact recognizes that many
emergencies transcend political jurisdictional boundaries and that
intergovernmental coordination is essential in managing these and
other emergencies under this compact. Each state further recognizes
that there will be emergencies which require immediate access and
present procedures to apply outside resources to make a prompt and
effective response to such an emergency. This is because few, if
any, individual states have all the resources they need in all types
of emergencies or the capability of delivering resources to the area
where emergencies occur.
The prompt, full, and effective utilization of resources of the
participating states, including any resources on hand or available
from the federal government or any other source, that are essential
to the safety, care and welfare of the people in the event of any
emergency or disaster declared by a party state, shall be the
underlying principle on which all articles of this compact shall be
understood.
On behalf of the governor of each state participating in the
compact, the legally designated state official who is assigned
responsibility for emergency management will be responsible for
formulation of the appropriate interstate mutual aid plans and
procedures necessary to implement this compact.
Added by Laws 1996, c. 325, § 3, emerg. eff. June 12, 1996.
§63-684.4. Party state responsibilities.
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ARTICLE III
Party State Responsibilities
A. It shall be the responsibility of each party state to
formulate procedural plans and programs for interstate cooperation in
the performance of the responsibilities listed in this article. In
formulating such plans, and in carrying them out, the party states,
insofar as practical, shall:
1. Review individual state hazards analyses and, to the extent
reasonably possible, determine all those potential emergencies the
party states might jointly suffer, whether due to natural or man-made
disasters or emergencies;
2. Review party states' individual emergency plans and develop a
plan which will determine the mechanism for the interstate management
and provision of assistance concerning any potential emergency;
3. Develop interstate procedures to fill any identified gaps and
to resolve any identified inconsistencies or overlaps in existing or
developed plans;
4. Assist in warning communities adjacent to or crossing the
state boundaries;
5. Protect and assure uninterrupted delivery of services,
medicines, water, food, energy and fuel, search and rescue, and
critical lifeline equipment, and resources, both human and material;
6. Inventory and set procedures for the interstate loan and
delivery of human and material resources, together with procedures
for reimbursement or forgiveness; and
7. Provide, to the extent authorized by law, for temporary
suspension of any statutes or ordinances that restrict the
implementation of the above responsibilities.
B. The authorized representative of a party state may request
assistance of another party state by contacting the authorized
representative of that state. The provisions of this compact shall
only apply to requests for assistance made by and to authorized
representatives. Requests may be verbal or in writing. If verbal,
the request shall be confirmed in writing within thirty (30) days of
the verbal request. Requests shall provide the following
information:
1. A description of the emergency service function for which
assistance is needed, including, but not limited to, fire services,
law enforcement, emergency medical, transportation, communications,
public works and engineering, building inspection, planning and
information assistance, mass care, resource support, health and
medical services, and search and rescue;
2. The amount and type of personnel, equipment, materials and
supplies needed and a reasonable estimate of the length of time they
will be needed; and
3. The specific place and time for staging of the assisting
party's response and a point of contact at that location.
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C. There shall be frequent consultation between state officials
who have assigned emergency management responsibilities and other
appropriate representatives of the party states with affected
jurisdictions and the United States Government, with free exchange of
information, plans, and resource records relating to emergency
capabilities.
D. The Governor of the State of Oklahoma shall not be obligated
under this compact to send the requested assistance, except in such
Governor's sole and absolute discretion, and may be withdrawn at any
time in the sole and absolute discretion of the Governor of Oklahoma.
Added by Laws 1996, c. 325, § 4, emerg. eff. June 12, 1996. Amended
by Laws 2003, c. 329, § 27, emerg. eff. May 29, 2003.
§63-684.5. Limitations.
ARTICLE IV
Limitations
Any party state requested to render mutual aid or conduct
exercises and training for mutual aid shall take such action as is
necessary to provide and make available the resources covered by this
compact in accordance with the terms hereof; provided that it is
understood that the state rendering aid may withhold resources to the
extent necessary to provide reasonable protection for such state.
Each party state shall afford to the emergency forces of any
party state, while operating within its state limits under the terms
and conditions of this compact, the same powers, except that of
arrest unless specifically authorized by the receiving state, duties,
rights, and privileges as are afforded forces of the state in which
they are performing emergency services. Emergency forces will
continue under the command and control of their regular leaders, but
the organizational units will come under the operational control of
the emergency services authorities of the state receiving assistance.
These conditions may be activated, as needed, only subsequent to a
declaration of a state emergency or disaster by the governor of the
party state that is to receive assistance or upon commencement of
exercises or training for mutual aid and shall continue as long as
the exercises or training for mutual aid are in progress, the state
of emergency or disaster remains in effect, or loaned resources
remain in the receiving state, whichever is longer.
Added by Laws 1996, c. 325, § 5, emerg. eff. June 12, 1996.
§63-684.6. Licenses and permits.
ARTICLE V
Licenses and Permits
Whenever any person holds a license, certificate, or other permit
issued by any state party evidencing the meeting of qualifications
for professional, mechanical, or other skills, and when such
assistance is requested by the receiving party state, such person
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shall be deemed licensed, certified, or permitted by the state
requesting assistance to render aid involving such skill to meet a
declared emergency or disaster, subject to such limitations and
conditions as the governor of the requesting state may prescribe by
executive order or otherwise.
Added by Laws 1996, c. 325, § 6, emerg. eff. June 12, 1996.
§63-684.7. Liability.
ARTICLE VI
Liability
Officers or employees of a party state rendering aid in another
state pursuant to this compact shall be considered agents of the
requesting state for tort liability and immunity purposes. No party
state or its officers or employees rendering aid in another state
pursuant to this compact shall be liable on account of any act or
omission in good faith on the part of such forces while so engaged or
on account of the maintenance or use of any equipment or supplies in
connection therewith. Good faith in this article shall not include
willful misconduct, gross negligence, or recklessness.
Added by Laws 1996, c. 325, § 7, emerg. eff. June 12, 1996.
§63-684.8. Supplementary agreements.
ARTICLE VII
Supplementary Agreements
Inasmuch as it is probable that the pattern and detail of the
machinery for mutual aid among two or more states may differ from
that among the states that are party hereto, this compact contains
elements of a broad base common to all states, and nothing herein
shall preclude any state entering into supplementary agreements with
another state or affect any other agreements already in force between
states. Supplementary agreements may include, but shall not be
limited to, provisions for evacuation and reception of injured and
other persons and the exchange of medical, fire, police, public
utility, reconnaissance, welfare, transportation and communications
personnel, and equipment and supplies.
Added by Laws 1996, c. 325, § 8, emerg. eff. June 12, 1996.
§63-684.9. Compensation.
ARTICLE VIII
Compensation
Each state shall provide for the payment of compensation and
death benefits to injured members of the emergency forces of that
state and representatives of deceased members of such forces who
sustain injuries or are killed while rendering aid pursuant to this
compact, in the same manner and on the same terms as if the injury or
death were sustained within their own state.
Added by Laws 1996, c. 325, § 9, emerg. eff. June 12, 1996.
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§63-684.10. Reimbursement.
ARTICLE IX
Reimbursement
Any party state rendering aid in another state pursuant to this
compact shall be reimbursed by the party state receiving such aid for
any loss or damage to or expense incurred in the operation of any
equipment and the provision of any service in answering a request for
aid and for the costs incurred in connection with such requests;
provided, that any aiding party state may assume in whole or in part
such loss, damage, expense, or other cost, or may loan such equipment
or donate such services to the receiving party state without charge
or cost; and provided further, that any two or more party states may
enter into supplementary agreements establishing a different
allocation of costs among those states. Article VIII expenses shall
not be reimbursable under this article.
Added by Laws 1996, c. 325, § 10, emerg. eff. June 12, 1996.
§63-684.11. Evacuation.
ARTICLE X
Evacuation
Plans for the orderly evacuation and interstate reception of
portions of the civilian population as the result of any emergency or
disaster of sufficient proportions to so warrant, shall be worked out
and maintained between the party states and the emergency management
or services directors of the various jurisdictions where any type of
incident requiring evacuations might occur. Such plans shall be put
into effect by request of the state from which evacuees come and
shall include the manner of transporting such evacuees, the number of
evacuees to be received in different areas, the manner in which food,
clothing, housing, and medical care will be provided, the
registration of the evacuees, the providing of facilities for the
notification of relatives or friends, and the forwarding of such
evacuees to other areas or the bringing in of additional materials,
supplies, and all other relevant factors. Such plans shall provide
that the party state receiving evacuees and the party state from
which the evacuees come shall mutually agree as to reimbursement of
out-of-pocket expenses incurred in receiving and caring for such
evacuees, for expenditures for transportation, food, clothing,
medicines and medical care, and like items. Such expenditures shall
be reimbursed as agreed by the party state from which the evacuees
come. After the termination of the emergency or disaster, the party
state from which the evacuees come shall assume the responsibility
for the ultimate support of repatriation of such evacuees.
Added by Laws 1996, c. 325, § 11, emerg. eff. June 12, 1996.
§63-684.12. Implementation.
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ARTICLE XI
Implementation
A. This compact shall become effective immediately upon its
enactment into law by any two states. Thereafter, this compact shall
become effective as to any other state upon enactment by that state.
B. Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until thirty (30) days after the governor of the withdrawing state
has given notice in writing of such withdrawal to the governors of
all other party states. Such action shall not relieve the
withdrawing state from obligations assumed hereunder prior to the
effective date of withdrawal.
C. Duly authenticated copies of this compact and of such
supplementary agreements as may be entered into shall, at the time of
their approval, be deposited with each of the party states and with
the Federal Emergency Management Agency and other appropriate
agencies of the United States government.
Added by Laws 1996, c. 325, § 12, emerg. eff. June 12, 1996.
§63-684.13. Validity.
ARTICLE XII
Validity
Nothing in this compact shall authorize or permit the use of
military force by the National Guard of a state at any place outside
that state in any emergency for which the President is authorized by
law to call into federal service the militia, or for any purpose for
which the use of the Army or the United States Air Force would in the
absence of express statutory authorization be prohibited under
Section 1385 of Title 18 of the United States Code.
Nothing in this compact shall limit or prohibit the Governor's
authority to send troops out of state as specified in Section 229 of
Title 44 of the Oklahoma Statutes.
Added by Laws 1996, c. 325, § 13, emerg. eff. June 12, 1996.
§63-684.14. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 31, which created 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). Now see Title 63, § 684.25.
§63-684.15. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 32, which created 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). Now see Title 63, § 684.26.
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§63-684.16. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 33, which created 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). Now see Title 63, § 684.27.
§63-684.17. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 34, which created 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). Now see Title 63, § 684.28.
§63-684.18. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 35, which created 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). Now see Title 63, § 684.29.
§63-684.19. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 36, which created 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). Now see Title 63, § 684.30.
§63-684.20. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 37, which created 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). Now see Title 63, § 684.31.
§63-684.21. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 38, which created 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). Now see Title 63, § 684.32.
§63-684.22. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 39, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
/ -*--+!(' !+0 '.!- -&,-)!2 -9!=#
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013). Now see Title 63, § 684.33.
§63-684.23. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 40, which created 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). Now see Title 63, § 684.34.
§63-684.24. Repealed by Laws 2013, 1st Ex. Sess., c. 3, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 41, which created 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). Now see Title 63, § 684.35.
§63-684.25. Short title - Uniform Emergency Volunteer Health
Practitioners Act.
Sections 3 through 13 of this act shall be known and may be cited
as the "Uniform Emergency Volunteer Health Practitioners Act".
Added by Laws 2013, 1st Ex. Sess., c. 3, § 3, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.14, which
was derived from Laws 2009, c. 228, § 31, which 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).
§63-684.26. Definitions.
As used in the Uniform Emergency Volunteer Health Practitioners
Act:
1. "Disaster relief organization" means an entity that provides
emergency or disaster relief services that include health or
veterinary services provided by volunteer health practitioners and
that:
a. is designated or recognized as a provider of those
services pursuant to a disaster response and recovery
plan adopted by an agency of the federal government or
the State Department of Health, and
b. regularly plans and conducts its activities in
coordination with an agency of the federal government
or the State Department of Health;
2. "Emergency" means an event or condition that is an emergency
pursuant to the Oklahoma Emergency Management Act of 2003 or the
Catastrophic Health Emergency Powers Act;
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3. "Emergency declaration" means a declaration of emergency
issued by a person authorized to do so under the laws of this state
pursuant to the Oklahoma Emergency Management Act of 2003 or the
Catastrophic Health Emergency Powers Act;
4. "Emergency Management Assistance Compact" means the
interstate compact approved by Congress by Public Law No. 104-321,110
Stat. 3877;
5. "Entity" means a person other than an individual;
6. "Health facility" means an entity licensed under the laws of
this or another state to provide health or veterinary services;
7. "Health practitioner" means an individual licensed under the
laws of this or another state to provide health or veterinary
services;
8. "Health services" means the provision of treatment, care,
advice or guidance, or other services, or supplies, related to the
health or death of individuals or human populations, to the extent
necessary to respond to an emergency, including:
a. the following, concerning the physical or mental
condition or functional status of an individual or
affecting the structure or function of the body:
(1) preventive, diagnostic, therapeutic,
rehabilitative, maintenance, or palliative care,
and
(2) counseling, assessment, procedures, or other
services,
b. sale or dispensing of a drug, a device, equipment, or
another item to an individual in accordance with a
prescription, and
c. funeral, cremation, cemetery, or other mortuary
services;
9. "Host entity" means an entity operating in this state which
uses volunteer health practitioners to respond to an emergency;
10. "License" means authorization by a state to engage in health
or veterinary services that are unlawful without the authorization
and includes authorization under the laws of this state to an
individual to provide health or veterinary services based upon a
national certification issued by a public or private entity;
11. "Person" means an individual, corporation, business trust,
trust, partnership, limited liability company, association, joint
venture, public corporation, government or governmental subdivision,
agency, or instrumentality, or any other legal or commercial entity;
12. "Scope of practice" means the extent of the authorization to
provide health or veterinary services granted to a health
practitioner by a license issued to the practitioner in the state in
which the principal part of the practitioner's services are rendered,
including any conditions imposed by the licensing authority;
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13. "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States;
14. "Veterinary services" means the provision of treatment,
care, advice or guidance, or other services, or supplies, related to
the health or death of an animal or to animal populations, to the
extent necessary to respond to an emergency, including, but not
limited to:
a. diagnosis, treatment, or prevention of an animal
disease, injury, or other physical or mental condition
by the prescription, administration, or dispensing of
vaccine, medicine, surgery, or therapy,
b. use of a procedure for reproductive management, and
c. monitoring and treatment of animal populations for
diseases that have spread or demonstrate the potential
to spread to humans; and
15. "Volunteer health practitioner" means a health practitioner
who provides health or veterinary services, whether or not the
practitioner receives compensation for those services and does not
include a practitioner who receives compensation pursuant to a
preexisting employment relationship with a host entity or affiliate
which requires the practitioner to provide health services in this
state, unless the practitioner is not a resident of this state and is
employed by a disaster relief organization providing services in this
state while an emergency declaration is in effect.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 4, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.15, which
was derived from Laws 2009, c. 228, § 32, which 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).
§63-684.27. Applicability to volunteer health practitioners.
The Uniform Emergency Volunteer Health Practitioners Act applies
to volunteer health practitioners registered with a registration
system that complies with Section 7 of this act and who provide
health or veterinary services in this state for a host entity while
an emergency declaration is in effect.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 5, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.16, which
was derived from Laws 2009, c. 228, § 33, which 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).
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§63-684.28. Regulation of services during emergency.
A. While an emergency declaration is in effect, the State
Department of Health may limit, restrict, or otherwise regulate:
1. The duration of practice by volunteer health practitioners;
2. The geographical areas in which volunteer health
practitioners may practice;
3. The types of volunteer health practitioners who may practice;
and
4. Any other matters necessary to coordinate effectively the
provision of health or veterinary services during the emergency.
B. An order issued pursuant to subsection A of this section may
take effect immediately, without prior notice or comment, and is not
a rule within the meaning of the Administrative Procedures Act.
C. A host entity that uses volunteer health practitioners to
provide health or veterinary services in this state shall:
1. Consult and coordinate its activities with the State
Department of Health to the extent practicable to provide for the
efficient and effective use of volunteer health practitioners; and
2. Comply with any laws other than this act relating to the
management of emergency health or veterinary services, including the
Oklahoma Emergency Management Act of 2003 and the Catastrophic Health
Emergency Powers Act.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 6, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.17, which
was derived from Laws 2009, c. 228, § 34, which 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).
§63-684.29. Volunteer health practitioner registration systems.
A. To qualify as a volunteer health practitioner registration
system, a system must:
1. Accept applications for the registration of volunteer health
practitioners before or during an emergency;
2. Include information about the licensure and good standing of
health practitioners which is accessible by authorized persons;
3. Be capable of confirming the accuracy of information
concerning whether a health practitioner is licensed and in good
standing before health services or veterinary services are provided
under the Uniform Emergency Volunteer Health Practitioners Act; and
4. Meet one of the following conditions:
a. be an emergency system for advance registration of
volunteer health practitioners established by a state
and funded through the Health Resources Services
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Administration under Section 319I of the Public Health
Services Act, 42 U.S.C., Section 247d-7b,
b. be a local unit consisting of trained and equipped
emergency response, public health, and medical
personnel formed pursuant to Section 2801 of the Public
Health Services Act, 42 U.S.C., Section 300hh,
c. be operated by a:
(1) disaster relief organization,
(2) licensing board,
(3) national or regional association of licensing
boards or health practitioners,
(4) health facility that provides comprehensive
inpatient and outpatient health-care services,
including a tertiary care and teaching hospital,
or
(5) governmental entity, or
d. be designated by the State Department of Health as a
registration system for purposes of the Uniform
Emergency Volunteer Health Practitioners Act.
B. While an emergency declaration is in effect, the State
Department of Health, a person authorized to act on behalf of the
Department, or a host entity may confirm whether volunteer health
practitioners utilized in this state are registered with a
registration system that complies with subsection A of this section.
Confirmation is limited to obtaining identities of the practitioners
from the system and determining whether the system indicates that the
practitioners are licensed and in good standing.
C. Upon request of a person in this state authorized under
subsection B of this section, or a similarly authorized person in
another state, a registration system located in this state shall
notify the person of the identities of volunteer health practitioners
and whether the practitioners are licensed and in good standing.
D. A host entity shall not be required to use the services of a
volunteer health practitioner even if the practitioner is registered
with a registration system that indicates that the practitioner is
licensed and in good standing.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 7, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.18, which
was derived from Laws 2009, c. 228, § 35, which 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).
§63-684.30. Recognition of volunteer health practitioners licensed
in other states.
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A. While an emergency declaration is in effect, a volunteer
health practitioner, registered with a registration system that
complies with Section 7 of this act and licensed and in good standing
in the state upon which the registration of the practitioner is
based, may practice in this state to the extent authorized by the
Uniform Emergency Volunteer Health Practitioners Act as if the
practitioner were licensed in this state.
B. A volunteer health practitioner qualified under subsection A
of this section is not entitled to the protections of the Uniform
Emergency Volunteer Health Practitioners Act if the practitioner is
licensed in more than one state and any license of the practitioner
is suspended, revoked, or subject to an agency order limiting or
restricting practice privileges, or has been voluntarily terminated
under threat of sanction.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 8, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.19, which
was derived from Laws 2009, c. 228, § 36, which 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).
§63-684.31. No effect on credentialing and privileging.
A. For purposes of this section:
1. "Credentialing" means obtaining, verifying, and assessing the
qualifications of a health practitioner to provide treatment, care,
or services in or for a health facility; and
2. "Privileging" means the authorizing by an appropriate
authority, such as a governing body, of a health practitioner to
provide specific treatment, care, or services at a health facility
subject to limits based on factors that include license, education,
training, experience, competence, health status, and specialized
skill.
B. The Uniform Emergency Volunteer Health Practitioners Act does
not affect credentialing or privileging standards of a health
facility and does not preclude a health facility from waiving or
modifying those standards while an emergency declaration is in
effect.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 9, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.20, which
was derived from Laws 2009, c. 228, § 37, which 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).
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§63-684.32. Provision of volunteer health or veterinary services –
Administrative sanctions.
A. Subject to subsections B and C of this section, a volunteer
health practitioner shall adhere to the scope of practice for a
similarly licensed practitioner established by the licensing
provisions, practice acts, or other laws of this state.
B. Except as otherwise provided in subsection C of this section,
the Uniform Emergency Volunteer Health Practitioners Act does not
authorize a volunteer health practitioner to provide services that
are outside the scope of practice of the practitioner, even if a
similarly licensed practitioner in this state would be permitted to
provide the services.
C. The State Department of Health may modify or restrict the
health or veterinary services that volunteer health practitioners may
provide pursuant to the Uniform Emergency Volunteer Health
Practitioners Act. An order under this subsection may take effect
immediately, without prior notice or comment, and is not a rule
within the meaning of the Administrative Procedures Act.
D. A host entity may restrict the health or veterinary services
that a volunteer health practitioner may provide pursuant to the
Uniform Emergency Volunteer Health Practitioners Act.
E. A volunteer health practitioner does not engage in
unauthorized practice unless the practitioner has reason to know of
any limitation, modification, or restriction under this section or
that a similarly licensed practitioner in this state would not be
permitted to provide the services. A volunteer health practitioner
has reason to know of a limitation, modification, or restriction or
that a similarly licensed practitioner in this state would not be
permitted to provide a service if:
1. The practitioner knows the limitation, modification, or
restriction exists or that a similarly licensed practitioner in this
state would not be permitted to provide the service; or
2. From all the facts and circumstances known to the
practitioner at the relevant time, a reasonable person would conclude
that the limitation, modification, or restriction exists or that a
similarly licensed practitioner in this state would not be permitted
to provide the service.
F. In addition to the authority granted by law of this state
other than the Uniform Emergency Volunteer Health Practitioners Act
to regulate the conduct of health practitioners, a licensing board or
other disciplinary authority in this state:
1. May impose administrative sanctions upon a health
practitioner licensed in this state for conduct outside of this state
in response to an out-of-state emergency;
2. May impose administrative sanctions upon a practitioner not
licensed in this state for conduct in this state in response to an
in-state emergency; and
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3. Shall report any administrative sanctions imposed upon a
practitioner licensed in another state to the appropriate licensing
board or other disciplinary authority in any other state in which the
practitioner is known to be licensed.
G. In determining whether to impose administrative sanctions
under subsection F of this section, a licensing board or other
disciplinary authority shall consider the circumstances in which the
conduct took place, including any exigent circumstances, and the
scope of practice, education, training, experience, and specialized
skill of the practitioner.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 10, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.21, which
was derived from Laws 2009, c. 228, § 38, which 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).
§63-684.33. Relation to other laws.
A. The Uniform Emergency Volunteer Health Practitioners Act does
not limit rights, privileges, or immunities provided to volunteer
health practitioners by laws other than the Uniform Emergency
Volunteer Health Practitioners Act. Except as otherwise provided in
subsection B of this section, the Uniform Emergency Volunteer Health
Practitioners Act does not affect requirements for the use of health
practitioners pursuant to the Emergency Management Assistance
Compact.
B. The State Department of Health, pursuant to the Emergency
Management Assistance Compact, may incorporate into the emergency
forces of this state volunteer health practitioners who are not
officers or employees of this state, a political subdivision of this
state, or a municipality or other local government within this state.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 11, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.22, which
was derived from Laws 2009, c. 228, § 39, which 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).
§63-684.34. Regulatory authority.
The State Board of Health may promulgate rules to implement the
Uniform Emergency Volunteer Health Practitioners Act. In doing so,
the State Department of Health shall consult with and consider the
recommendations of the entity established to coordinate the
implementation of the Emergency Management Assistance Compact and
shall also consult with and consider rules promulgated by similarly
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empowered agencies in other states to promote uniformity of
application of the Uniform Emergency Volunteer Health Practitioners
Act and make the emergency response systems in the various states
reasonably compatible.
Added by Laws 2013, 1st Ex. Sess., c. 3, § 12, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.23, which
was derived from Laws 2009, c. 228, § 40, which 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).
§63-684.35. Uniformity of application and construction.
In applying and construing the Uniform Emergency Volunteer Health
Practitioners 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 2013, 1st Ex. Sess., c. 3, § 13, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 63, § 684.24, which
was derived from Laws 2009, c. 228, § 41, which 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).
§63-685.1. Citation.
This act shall be known and may be cited as the "Emergency
Interim Executive and Judicial Succession Act", and shall be
cumulative to the Oklahoma Emergency Management Act of 2003.
Added by Laws 1959, p. 212, § 1, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 1, emerg. eff. June 13, 1963; Laws 2003, c.
329, § 28, emerg. eff. May 29, 2003.
§63-685.2. Findings and declarations.
Because of the existing possibility of natural and man-made
emergencies and disasters in the United States of unprecedented size
and destructiveness, and in the event such an incident occurs: to
assure continuity of government through legally-constituted
leadership, authority and responsibility in offices of the government
of the state and its political subdivisions; to provide for the
effective operation of governments during an emergency caused by an
incident in the United States; and to facilitate the early resumption
of functions temporarily suspended, it is found and declared to be
necessary: to provide for additional officers who can exercise the
powers and discharge the duties of Governor; to provide for emergency
interim succession to governmental offices of this state and its
political subdivisions in the event incumbents thereof (and their
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deputies, assistants or other subordinate officers authorized,
pursuant to law, to exercise all of the powers and discharge the
duties of such offices hereinafter referred to as deputies) are
unavailable to perform the duties and functions of such offices; and
to provide for special emergency judges who can exercise the powers
and discharge the duties of judicial offices in the event regular
judges are unavailable, the provisions of this act are adopted to
meet emergency conditions, which result from natural and man-made
emergencies and disasters in the United States.
Added by Laws 1959, p. 212, § 2, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 2, emerg. eff. June 13, 1963; Laws 2003, c.
329, § 29, emerg. eff. May 29, 2003.
§63-685.3. Definitions.
As used in this act:
1. "Unavailable" means either that a vacancy in office exists
and there is no deputy authorized to exercise all of the powers and
discharge the duties of the office, or that the lawful incumbent of
the office, including any deputy exercising the powers and
discharging the duties of an office because of a vacancy, and the
duly authorized deputy are absent or unable to exercise the powers
and discharge the duties of the offices;
2. "Emergency interim successor" means a person designated
pursuant to this act, in the event the officer is unavailable, to
exercise the powers and discharge the duties of an office until a
successor is appointed or elected and qualified as may be provided by
the Constitution, statutes, charters and ordinances or until the
lawful incumbent is able to resume the exercise of the powers and
discharge the duties of the office;
3. "Office" includes all state and local offices, the powers and
duties of which are defined by the Constitution, statutes, charters
and ordinances, except the office of Governor, and except those in
the Legislature and the judiciary;
4. “Emergency” means any occasion or instance for which, in the
determination of the President of the United States or the Governor
of the State of Oklahoma, federal or state assistance is needed to
supplement state and local efforts and capabilities to save lives and
protect property and public health and safety, or to lessen or avert
threat or catastrophe in any part of the state;
5. "Political subdivision" includes counties, cities, towns,
districts, authorities and other public corporations and entities
whether organized and existing under charter or general law;
6. "Deputy" means a person legally authorized by an officer to
exercise the office or right which the official possesses, for and in
place of the officer; and
7. “Man-made disaster” means a disaster caused by acts of man
including, but not limited to, an act of war, terrorism, chemical
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spill or release, and power shortage that require assistance in
addition to the assistance of the local political subdivision.
Added by Laws 1959, p. 212, § 3, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 3, emerg. eff. June 13, 1963; Laws 2003, c.
329, § 30, emerg. eff. May 29, 2003.
§63-685.4. Emergency interim succession to office of Governor.
Whenever a natural or man-made disaster or emergency occurs in
the United States, and in the event that the Governor, for any of the
reasons specified in Article VI, Section 16 of the Oklahoma
Constitution, is not able to exercise the powers and discharge the
duties of the Governor’s office, or is unavailable, and in the event
the Lieutenant Governor, President Pro Tempore of the Senate, and the
Speaker of the House of Representatives be for any of the reasons
specified in the Constitution not able to exercise the powers and
discharge the duties of the office of Governor, or be unavailable,
the State Auditor and Inspector, Attorney General, State Treasurer,
Superintendent of Public Instruction, Commissioner of Labor, and
members of the Corporation Commission in the order of their election
districts, shall each in the order named, if no officer higher in the
enumerated order is available, exercise the powers and discharge the
duties of the office of Governor until a new Governor is elected and
qualified; provided, however, that no emergency interim successor to
the aforementioned offices may serve as Governor.
Added by Laws 1959, p. 212, § 4, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 4, emerg. eff. June 13, 1963; Laws 1979, c.
30, § 161, emerg. eff. April 6, 1979; Laws 2003, c. 329, § 31, emerg.
eff. May 29, 2003.
§63-685.5. Emergency interim succession to state offices other than
Governor.
All state officers, other than the Governor, subject to such
regulations as the Governor, or other official authorized under the
Constitution and this act to exercise the powers and discharge the
duties of the Office of Governor, may issue, upon approval of this
act, in addition to any deputy, shall designate, by the title of
their office or position, emergency interim successors and specify
their order of succession. The officer shall review and revise, as
necessary, designations made pursuant to this act to ensure their
current status. The officer shall designate a sufficient number of
such emergency interim successors so that there will be not less than
three nor more than seven deputies or emergency interim successors or
any combination thereof, at any time. In the event that any state
officer is unavailable following an emergency or disaster, and in the
event a deputy, if any, is also unavailable, the said powers of the
office shall be exercised and said duties of the office shall be
discharged by the designated emergency interim successors in the
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order specified. The authority of an emergency successor shall
cease:
1. When the incumbent of the office, or a deputy or an interim
successor higher in designation becomes available to exercise the
powers and to perform the duties of the office; or
2. When a successor to the office has been duly elected or
appointed and has qualified according to law.
Added by Laws 1959, p. 213, § 5, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 5, emerg. eff. June 13, 1963; Laws 2003, c.
329, § 32, emerg. eff. May 29, 2003.
§63-685.6. Interim succession to political subdivision offices.
The respective officers of each city or incorporated town, and of
all other political subdivisions, of this state, shall designate
interim successors, and shall specify the order of succession of
deputies and interim successors, in the same manner, and with the
same effect, as is provided for state officers by Section 5 hereof.
Laws 1959, p. 213, § 6; Laws 1963, c. 270, § 6, emerg. eff. June 13,
1963.
§63-685.7. Special emergency judges.
Whenever an emergency or disaster occurs in the United States,
and in the event that any judge of any court is unavailable to
exercise the powers and discharge the duties of the office, and no
other judge authorized to act or no special judge appointed in
accordance with the provisions of the Constitution or statutes is
available to exercise the powers and discharge the duties of such
office, the duties of the office shall be discharged and the powers
exercised by the special emergency judges, each of whom shall
otherwise be qualified to serve as a judge, as hereinafter provided
for:
1. The Governor shall designate for each member of the Supreme
Court special emergency judges in the number of not less than three
nor more than seven for each member of said court, and shall specify
the order of their succession.
2. The Governor shall designate for each member of the Court of
Criminal Appeals special emergency judges in the number of not less
than three nor more than seven for each member of said court, and
shall specify the order of their succession.
3. The Chief Justice of the Supreme Court, in consultation with
the other members of said court, shall designate for each court of
record, except the Supreme Court and the Court of Criminal Appeals,
special emergency judges in the number of not less than three nor
more than seven for each judge of said courts and shall specify their
order of succession.
4. The judge of the district court, or the senior judge of any
such district, in consultation with the other district judges of that
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district, where there is more than one judge shall designate not less
than three nor more than seven emergency judges for courts not of
record within that district and shall specify their order of
succession.
Such special emergency judges shall, in the order specified,
exercise the powers and discharge the duties of such office in case
of the unavailability of the regular judge or judges or persons
immediately preceding them in the designation. The designating
authority shall review and revise, as necessary, designations made
pursuant to this act to ensure their current status.
Said special emergency judges shall discharge the duties and
exercise the powers of such office until such time as a vacancy which
may exist shall be filled in accordance with the Constitution and
statutes or until the regular judge or one preceding the designee in
the order of succession becomes available to exercise the powers and
discharge the duties of the office.
Added by Laws 1959, p. 213, § 7, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 7, emerg. eff. June 13, 1963; Laws 2003, c.
329, § 33, emerg. eff. May 29, 2003.
§63-685.8. Oaths.
At the time of their designation, emergency interim successors
and special emergency judges shall take such oath as may be required
for them to exercise the powers and discharge the duties of the
office to which they may succeed. Notwithstanding any other
provision of law, no person, as a prerequisite to the exercise of the
powers or discharge of the duties of an office to which he succeeds,
shall be required to comply with any other provisions of law relative
to taking office.
Laws 1959, p. 214, § 8; Laws 1963, c. 270, § 8, emerg. eff. June 13,
1963.
§63-685.9. Limitation on exercise of powers and duties by interim
successors and special emergency judges - Termination of authority by
Legislature.
Officials authorized to act as Governor pursuant to this act,
emergency interim successors and special emergency judges are
empowered to exercise the powers and discharge the duties of an
office as herein authorized only after an emergency or disaster
occurs in the United States, as defined herein, has occurred. The
Legislature by concurrent resolution may, at any time, terminate the
authority of said emergency interim successors and special emergency
judges to exercise the powers and discharge the duties of office as
herein provided.
Added by Laws 1959, p. 214, § 9, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 270, § 9, emerg. eff. June 13, 1963; Laws 2003, c.
329, § 34, emerg. eff. May 29, 2003.
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§63-685.10. Removal of successors.
Until such time as the persons designated as emergency interim
successors or special emergency judges are authorized to exercise the
powers and discharge the duties of an office in accordance with this
act, including Section 9 hereof, said persons may be removed or
replaced by said designating authority at any time, with or without
cause.
Laws 1959, p. 214, § 10; Laws 1963, c. 270, § 10, emerg. eff. June
13, 1963.
§63-685.11. Disputes.
Any dispute concerning a question of fact arising under this act
with respect to an office in the executive branch of the state
government (except a dispute of fact relative to the Office of
Governor) shall be adjudicated by the Governor (or other official
authorized under the Constitution and this act to exercise the powers
and discharge the duties of the office of Governor) and his decision
shall be final. Such disputes with respect to the Office of Governor
shall be determined by the Supreme Court.
Laws 1959, p. 214, § 11; Laws 1963, c. 270, § 11, emerg. eff. June
13, 1963.
§63-686.1. Citation.
This act shall be known as the "Emergency Management Interim
Legislative Succession Act" and shall be cumulative to the Oklahoma
Emergency Management Act of 2003.
Added by Laws 1959, p. 215, § 1, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 1, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 35, emerg. eff. May 29, 2003.
§63-686.2. Declarations.
The Legislature declares:
1. Because of existing possibilities of natural or man-made
disasters or emergencies of unprecedented destructiveness, which may
result in the death or inability to act of a large proportion of the
membership of the Legislature; and
2. Because to conform in time of emergency or disaster to
existing legal requirements pertaining to the Legislature would be
impracticable, and would jeopardize continuity of operation of a
legally constituted Legislature; it is therefore necessary to adopt
special provisions as hereinafter set out for the effective operation
of the Legislature during natural or man-made disasters or
emergencies.
Added by Laws 1959, p. 215, § 2, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 2, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 36, emerg. eff. May 29, 2003.
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§63-686.3. Definitions.
As used in this act:
1. ”Emergency” means any occasion or instance for which, in the
determination of the President of the United States or the Governor
of the State of Oklahoma, federal or state assistance is needed to
supplement state and local efforts and capabilities to save lives,
protect property, public health and safety, or to lessen or avert
threat of a catastrophe in any part of the state;
2. “Man-made disaster” means a disaster caused by acts of man
including, but not limited to, an act of war, terrorism, chemical
spill or release, or a power shortage that requires assistance from
outside the local political subdivision; and
3. "Unavailable" means absent from the place of session, other
than on official business of the Legislature, or unable, for
physical, mental or legal reasons, to exercise the powers and
discharge the duties of a legislator, whether or not such absence or
inability would give rise to a vacancy under existing constitutional
or statutory provisions.
Added by Laws 1959, p. 215, § 3, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 3, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 37, emerg. eff. May 29, 2003.
§63-686.4. Designation of emergency interim successor.
Each legislator shall designate not fewer than three nor more
than seven emergency interim successors to his powers and duties and
specify their order of succession. Each legislator shall review and,
as necessary, promptly revise the designations of emergency interim
successors to his powers and duties to insure that at all times there
are at least three such qualified emergency interim successors.
Laws 1959, p. 215, § 4; Laws 1963, c. 340, § 4, emerg. eff. June 24,
1963.
§63-686.5. Emergency interim successor defined - Qualification -
Tenure.
An emergency interim successor is one who is designated for
possible temporary succession to the powers and duties, but not the
office, of a legislator. No person shall be designated or serve as
an emergency interim successor unless he may, under the Constitution
and statutes hold the office of the legislator to whose powers and
duties he is designated to succeed, but no constitutional or
statutory provision prohibiting a legislator from holding another
office or prohibiting the holder of another office from being a
legislator shall be applicable to an emergency interim successor. An
emergency interim successor shall serve at the pleasure of the
legislator designating him or of any subsequent incumbent of the
legislative office.
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Laws 1959, p. 215, § 5; Laws 1963, c. 340, § 5, emerg. eff. June 24,
1963.
§63-686.6. Maintaining minimum number of successors.
Prior to an emergency or disaster, if a legislator fails to
designate the required minimum number of emergency interim successors
within sixty (60) days following the effective date of this act or,
after such period, if for any reason the number of emergency interim
successors for any legislator falls below the required minimum and
remains below such minimum for a period of sixty (60) days, then the
floor leader of the same political party in the same house as such
legislator shall, by and with the consent of the Speaker of the House
of Representatives or President Pro Tempore of the Senate, promptly
designate as many emergency interim successors as are required to
achieve such minimum number, but the floor leader shall not assign to
any designees a rank in order of succession higher than that of any
remaining emergency interim successor previously designated by a
legislator for succession to the legislator’s own powers and duties.
Each emergency interim successor designated by the floor leader shall
serve at the pleasure of the designating person, but the legislator
for whom the emergency successor is designated or any subsequent
incumbent of the office may change the rank in order of succession or
replace at the pleasure of the designating person any emergency
interim successor so designated.
Added by Laws 1959, p. 215, § 6, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 6, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 38, emerg. eff. May 29, 2003.
§63-686.7. Effective date of designations and removals - Recording.
Each designation of an emergency interim successor shall become
effective when the legislator or party floor leader making the
designation files with the Secretary of State the successor's name,
address and rank in order of succession. The removal of an emergency
interim successor or change in order of succession shall become
effective when the legislator or party floor leader, so acting, files
this information with the Secretary of State. All such data shall be
open to public inspection. The Secretary of State shall inform the
Governor, the Oklahoma Department of Emergency Management, the
journal clerk of the house concerned and all emergency interim
successors, of all such designations, removals and changes in order
of succession. The journal clerk of each house shall enter all
information regarding emergency interim successors for the house in
its public journal at the beginning of each legislative session and
shall enter all changes in membership or order of succession as soon
as possible after the occurrence.
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Added by Laws 1959, p. 216, § 7, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 7, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 39, emerg. eff. May 29, 2003.
§63-686.8. Oaths.
Promptly after designation each emergency interim successor shall
take the oaths required for the legislator to whose powers and duties
he is designated to succeed. No other oath shall be required. The
oath shall be administered (by the Speaker of the House of
Representatives for the emergency interim successors designated for
that house, and by the President Pro Tempore of the Senate for the
emergency interim successors designated to serve for the Senate.)
Laws 1959, p. 216, § 8; Laws 1963, c. 340, § 8, emerg. eff. June 24,
1963.
§63-686.9. Successors to keep informed.
Each emergency interim successor shall keep himself generally
informed as to the duties, procedures, practices and current business
of the Legislature, and each legislator shall assist his emergency
interim successors to keep themselves so informed.
Laws 1959, p. 216, § 9; Laws 1963, c. 340, § 9, emerg. eff. June 24,
1963.
§63-686.10. Changing place of session.
Whenever, in the event of an emergency or disaster or upon
finding that an emergency or disaster may be imminent, the Governor
deems the place of session then prescribed to be unsafe, the Governor
may change it to any place within the state which the Governor deems
safer and more convenient.
Added by Laws 1959, p. 216, § 10, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 10, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 40, emerg. eff. May 29, 2003.
§63-686.11. Calling of session - Limitations suspended.
In the event of an emergency or disaster, the Governor shall call
the Legislature into session as soon as practicable, and in any case
within thirty (30) days following the inception of the emergency or
disaster. Each legislator and each emergency interim successor,
unless the Governor is certain that the legislator to whose powers
and duties the legislator is designated to succeed or any emergency
interim successor higher in order of succession will not be
unavailable, shall proceed to the place of session as expeditiously
as practicable. At such session or at any session in operation at
the inception of the emergency or disaster, and at any subsequent
session, limitations on the length of session and on the subjects
which may be acted upon shall be suspended.
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Added by Laws 1959, p. 216, § 11, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 11, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 41, emerg. eff. May 29, 2003.
§63-686.12. Exercise of powers and duties by successors - Ouster
provisions applicable.
If, in the event of an emergency or disaster a legislator is
unavailable, the emergency interim successor highest in order of
succession who is not unavailable shall, except for the power and
duty to appoint emergency interim successors, exercise the powers and
assume the duties of such legislator. An emergency interim successor
shall exercise these powers and assume these duties until the
incumbent legislator, an emergency interim successor higher in order
of succession, or a legislator appointed or elected and legally
qualified can act. Each house of the Legislature shall, in
accordance with its own rules, determine who is entitled under the
provisions of this act to exercise the powers and assume the duties
of its members. All constitutional and statutory provisions
pertaining to ouster of a legislator shall be applicable to an
emergency interim successor who is exercising the powers and assuming
the duties of a legislator.
Added by Laws 1959, p. 216, § 12, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 12, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 42, emerg. eff. May 29, 2003.
§63-686.13. Privileges and immunities - Compensation and allowances.
When an emergency interim successor exercises the powers and
assumes the duties of a legislator, the emergency interim successor
shall be accorded the privileges and immunities, compensation,
allowances and other perquisites of office to which a legislator is
entitled. In the event of an emergency or disaster, each emergency
interim successor, whether or not called upon to exercise the powers
and assume the duties of a legislator, shall be accorded the
privileges and immunities of a legislator while traveling to and from
a place of session and shall be compensated for travel in the same
manner and amount as a legislator. This section shall not in any way
affect the privileges, immunities, compensation, allowances or other
perquisites of office of an incumbent legislator.
Added by Laws 1959, p. 216, § 13, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 13, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 43, emerg. eff. May 29, 2003.
§63-686.14. Termination of authority.
The authority of emergency interim successors to succeed to the
powers and duties of legislators, the operation of the provisions of
this act relating to quorum, the number of affirmative votes required
for legislative action, and limitations on the length of sessions and
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the subjects which may be acted upon shall expire two (2) years
following the inception of an emergency or disaster, but nothing
herein shall prevent the resumption before such time of the filling
of legislative vacancies and the calling of elections for the
Legislature in accordance with applicable constitutional and
statutory provisions. The Governor, acting by proclamation, or the
Legislature, acting by concurrent resolution, may from time to time
extend or restore such authority or the operation of any of such
provisions upon a finding that events render the extension or
restoration necessary, but no extension or restoration shall be for a
period of more than one (1) year.
Added by Laws 1959, p. 217, § 14, emerg. eff. June 5, 1959. Amended
by Laws 1963, c. 340, § 14, emerg. eff. June 24, 1963; Laws 2003, c.
329, § 44, emerg. eff. May 29, 2003.
§63-687.1. Citation.
This act shall be known as the "Emergency Interim Relocation
Act", and shall be cumulative to the Oklahoma Emergency Management
Act of 2003.
Added by Laws 1961, p. 587, § 1, emerg. eff. July 11, 1961. Amended
by Laws 2003, c. 329, § 45, emerg. eff. May 29, 2003.
§63-687.2. Definitions.
As used in this act:
1. “Emergency” means any occasion or instance for which, in the
determination of the President of the United States or the Governor
of the State of Oklahoma, federal or state assistance is needed to
supplement state and local efforts and capabilities to save lives,
protect property, public health and safety, or to lessen or avert the
threat of a catastrophe in any part of the state; and
2. “Man-made disaster” means a disaster caused by acts of man
including, but not limited to, an act of war, terrorism, chemical
spill or release, or power shortage that requires assistance from
outside the local political subdivision.
Added by Laws 1961, p. 587, § 2, emerg. eff. July 11, 1961. Amended
by Laws 2003, c. 329, § 46, emerg. eff. May 29, 2003.
§63-687.3. Temporary disaster locations for seat of state
government.
A. Whenever a disaster makes it imprudent or impossible to
conduct the affairs of state government at its seat in Oklahoma City,
Oklahoma, the Governor may proclaim temporary locations for the seat
of state government at any place he deems advisable, either inside or
outside of the state. The Governor may issue necessary orders for
orderly transition of the affairs of government to any temporary
emergency or man-made disaster location, which remains the seat of
state government until the Legislature establishes a new location, or
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until the emergency or man-made disaster is declared ended by the
Legislature and the seat is returned to its normal location in
Oklahoma City, Oklahoma.
B. Any official act or meeting required to be performed at the
seat of state government is valid when performed at a temporary
emergency or man-made disaster location under this section.
Added by Laws 1961, p. 588, § 3, emerg. eff. July 11, 1961. Amended
by Laws 2003, c. 329, § 47, emerg. eff. May 29, 2003.
§63-687.4. Temporary disaster locations for seat of local
government.
A. Whenever an emergency or man-made disaster makes it imprudent
or impossible to conduct the affairs of any local government at its
regular location, the governing body may meet at any place, inside or
outside the limits of the political subdivision, at the call of the
presiding officer or any two members of the governing body, and
designate by ordinance a temporary emergency or man-made disaster
location of the local government, which remains the seat of the local
government until the governing body establishes a new location or
until the emergency or man-made disaster is declared ended by the
Legislature and the seat is returned to its normal location.
B. Any official act or meeting required to be performed at the
seat of the local government is valid when performed at a temporary
emergency or man-made disaster location under this section.
Added by Laws 1961, p. 588, § 4, emerg. eff. July 11, 1961. Amended
by Laws 2003, c. 329, § 48, emerg. eff. May 29, 2003.
§63-688.1. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26,
2006.
§63-688.2. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26,
2006.
§63-688.3. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26,
2006.
§63-688.4. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26,
2006.
§63-688.5. Repealed by Laws 2006, c. 199, § 13, emerg. eff. May 26,
2006.
§63-689. Repealed by Laws 2003, c. 292, § 2, emerg. eff. May 27,
2003.
§63-689.1. Renumbered as § 4-2-102 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
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§63-689.1B. Renumbered as § 4-2-104 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-689.2. Renumbered as § 4-2-105 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-690.1. Short title – Purposes.
A. Sections 7 through 12 of this act shall be known and may be
cited as the “Oklahoma Flood Hazard Mitigation Program”.
B. The purposes of the Oklahoma Flood Hazard Mitigation Program
are to provide:
1. An orderly and continuing means of assistance by the state
government to political subdivisions of this state in carrying out
their responsibilities to alleviate the suffering and damage that
result from flooding by:
a. providing state assistance programs for public losses
and needs sustained in flood disasters,
b. encouraging the development of comprehensive disaster
preparedness and assistance plans, programs,
capabilities, and organizations by the state and
political subdivisions,
c. achieving greater coordination and responsiveness of
flood disaster preparedness and relief programs, and
d. encouraging hazard mitigation measures, such as
development of land-use and construction regulations,
floodplain management, and environmental planning, to
reduce losses from flood disasters in municipalities;
2. For the protection of life and property and to limit the
repetitive expenditures of public funds in areas that are subject to
chronic flooding and other flood disasters;
3. Financial assistance to local governments for the development
and implementation of flood hazard mitigation projects;
4. For the cooperation of state environmental agencies and other
state and federal agencies in the development and implementation of
the Oklahoma Flood Hazard Mitigation Program; and
5. For the establishment of land development principles which
will eliminate inappropriate and unsafe real estate development in
municipal areas subject to repetitive or chronic flooding.
Added by Laws 1999, c. 57, § 7, eff. July 1, 1999.
§63-690.2. Definitions.
For purposes of the Oklahoma Flood Hazard Mitigation Program:
1. "Board" means the Oklahoma Water Resources Board;
2. "Department" means the Oklahoma Department of Emergency
Management;
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3. "Dwelling unit" means a place of residence and may be a
single- or multiple-dwelling building;
4. "Flood" or "flooding" means general and temporary conditions
of partial or complete inundation of normally dry land areas from the
overflow of lakes, streams, rivers, or any other inland waters and
from surface run-off;
5. "Flood hazard mitigation" means any cost-effective measure
which will reduce or eliminate the effects of a flood disaster;
6. "Flood hazard mitigation projects" means those projects
designed to correct, alleviate or eliminate a condition or situation
which poses a repetitive threat to life, property, or public safety
from the effects of a flood disaster;
7. "Flood disaster" means any flood catastrophe, including but
not limited to high water, flood waters, or wind-driven water which
causes damage of sufficient severity and magnitude to warrant flood
hazard mitigation or the use of resources of the federal government,
or the state and political subdivisions thereof to alleviate the
damage, loss, hardship, or suffering caused thereby;
8. "Political subdivision" means any county, city, town, or
municipal corporation of the State of Oklahoma;
9. "Real property" includes all lands, including improvements
and fixtures thereon, and property of any nature which is appurtenant
thereto, or used in connection therewith, and every estate, interest
and right, legal or equitable, therein including terms for years; and
10. "State Hazard Mitigation Team" means the entity created
pursuant to Section 683.6 of this title.
Added by Laws 1999, c. 57, § 8, eff. July 1, 1999. Amended by Laws
2003, c. 329, § 49, emerg. eff. May 29, 2003.
§63-690.3. Duties of Department of Emergency Management.
A. In addition to other responsibilities and duties specified by
law, the Oklahoma Department of Emergency Management:
1. Shall develop and maintain flood hazard mitigation measures
for this state, as a component of the state’s comprehensive hazard
mitigation plan and consistent with the flood hazard mitigation plans
of the federal government to the fullest possible extent. The
Department shall coordinate and encourage the development and
publication of flood hazard mitigation plans by political
subdivisions to ensure that such political subdivision plans are
consistent with the flood hazard mitigation measures in the
comprehensive hazard mitigation plan of this state to the fullest
possible extent;
2. Shall provide guidance, information and training sufficient
to allow political subdivisions to request state and federal natural
disaster assistance;
3. Shall coordinate the development and maintenance of flood
hazard mitigation projects with other state and federal programs;
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4. Shall set mitigation priorities based upon recommendations of
the State Hazard Mitigation Team;
5. May, after recommendation from the State Hazard Mitigation
Team, approve applications for grants and loans to political
subdivisions for flood hazard mitigation projects from any funds
available for such purposes pursuant to the considerations specified
by Section 690.4 of this title;
6. Shall evaluate, after recommendation from the State Hazard
Mitigation Team, and award grant or loan applications based upon
minimum eligibility criteria and state priorities;
7. Shall be the initial recipient of applications for loans and
grants for flood hazard mitigation activities from political
subdivisions; and
8. Shall have the State Hazard Mitigation Team meet as needed to
review loan and grant applications and provide recommendations
thereon to the Department.
B. The Department shall be the lead agency and shall compile and
submit to the Federal Emergency Management Agency an application to
receive funds pursuant to the Flood Hazard Mitigation Financial
Assistance Program, the Hazard Mitigation Grant Program or any other
flood assistance programs, and other public or private planning or
project grants to implement measures to reduce flood losses.
C. The Department shall also have authority to:
1. Establish advisory councils with sufficient geographic
balance to ensure statewide representation;
2. Coordinate central files and clearinghouse procedures for
flood hazard mitigation resource data information and encourage the
use of compatible information and standards; and
3. Provide to the extent practicable financial, technical,
research, and other assistance to effectuate the purposes of the
Oklahoma Flood Hazard Mitigation Program.
D. The Department shall promulgate, by rule, procedures and
criteria for the evaluation of grant and subgrant applications that
seek to receive a portion of those funds made available to this state
for flood hazard mitigation.
Added by Laws 1999, c. 57, § 9, eff. July 1, 1999. Amended by Laws
2003, c. 329, § 50, emerg. eff. May 29, 2003.
§63-690.4. Grants or loans for flood hazard mitigation.
A. A political subdivision of this state may apply to the
Oklahoma Department of Emergency Management for a grant or loan for
flood hazard mitigation projects on forms provided by the Department.
B. Grants or loans for flood hazard mitigation shall be
prioritized by the State Hazard Mitigation Team based on the
following considerations:
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1. The extent and effectiveness of flood mitigation measures
already implemented by the political subdivision requesting the
grant;
2. The feasibility, practicality, and effectiveness of the
proposed flood mitigation measures and the associated benefits and
detriments;
3. The level of assistance that should be provided to the
political subdivision, based on available facts regarding the nature,
extent, and severity of the flood hazard problems;
4. The frequency of occurrence of flooding disasters that has
resulted in declaration of the area as a flood disaster area by the
Governor of this state or by the President of the United States;
5. The economic, social, and environmental benefits and
detriments of the proposed flood mitigation measures;
6. Whether the floodplain management ordinance or regulation
adopted by the political subdivision meets the minimum standards
established by the Federal Emergency Management Agency, the degree of
enforcement of the ordinance or regulation, and whether the political
subdivision is complying with the ordinance or regulation;
7. The financial capability of the political subdivision to
solve its flood hazard problems without financial assistance; and
8. The estimated cost and method of financing of the proposed
flood mitigation measures based on local money and federal and state
financial assistance.
C. A grant shall not exceed seventy-five percent (75%) of the
total cost of the proposed mitigation project and a loan shall not
exceed the total cost of the proposed mitigation project.
Added by Laws 1999, c. 57, § 10, eff. July 1, 1999. Amended by Laws
2003, c. 329, § 51, emerg. eff. May 29, 2003.
§63-690.5. Recommendation of priorities for flood hazard mitigation
projects.
In addition to other responsibilities designated or assigned to
it by the Department, the State Hazard Mitigation Team shall have the
power and duty to recommend priorities for flood hazard mitigation
projects for purposes of providing grants or loans for such projects,
based upon considerations specified by Section 690.4 of this title.
Added by Laws 1999, c. 57, § 11, eff. July 1, 1999. Amended by Laws
2003, c. 329, § 52, emerg. eff. May 29, 2003.
§63-690.6. Funding of acquisition of real property by
municipalities.
A. The Legislature declares it to be necessary for the public
health and welfare to provide a means for municipalities in this
state to implement measures to reduce losses from flood disasters.
The acquisition of real property for this objective shall constitute
a public purpose for which public funds may be expended.
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B. Municipalities are empowered and authorized to acquire fee
title to real property and easements therein by purchase, gift,
devise, lease or otherwise for flood control.
C. Title information, appraisal reports, offers, and
counteroffers are confidential until an option contract is executed
or, if no option contract is executed, until thirty (30) days before
a contract or agreement for purchase is considered for approval by
the governing board of the municipality. However, each municipality
may, at its discretion, disclose appraisal reports to private
landowners during negotiations for acquisitions using alternatives to
fee simple techniques, if the municipality determines that disclosure
of such reports will bring the proposed acquisition to closure. In
the event that negotiation is terminated by the municipality, the
title information, appraisal report, offers, and counteroffers shall
become available to the public.
D. Real property acquired for the purposes enumerated in this
section may also be used for recreational purposes, and whenever
practicable such real property shall be open to the general public
for recreational uses. Except when prohibited by a covenant or other
restriction, real property managed and controlled by the municipality
may be used for multiple purposes, including, but not limited to,
agriculture and silviculture, as well as boating and other
recreational uses.
E. The provisions of this section shall not limit the exercise
of similar powers delegated by statute to any state or political
subdivision of this state.
Added by Laws 1999, c. 57, § 12, eff. July 1, 1999.
§63-695.1. Short title.
Sections 3 through 12 of this act shall be known and may be cited
as the “Oklahoma Intrastate Mutual Aid Compact”.
Added by Laws 2006, c. 199, § 3, emerg. eff. May 26, 2006.
§63-695.2. Purpose - Definitions - Statewide mutual aid system -
Reimbursement.
A. The purpose of the Oklahoma Intrastate Mutual Aid Compact is
to create a system of intrastate mutual aid between participating
jurisdictions in the state.
B. As used in the Oklahoma Intrastate Mutual Aid Compact:
1. "Jurisdiction" means any county, city, town or municipal
corporation of the State of Oklahoma represented by an elected
governing body and city-county health department created pursuant to
the Oklahoma Public Health Code.
Sovereign Tribal Nations in the State of Oklahoma shall also be
considered jurisdictions under the Oklahoma Intrastate Mutual Aid
Compact and participating unless electing not to participate or later
withdrawing from the system.
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Public universities in this state which maintain CLEET-certified
law enforcement agencies may elect to be considered jurisdictions
under the provisions of this act and shall retain the right to later
withdraw from the system;
2. "Emergency" means any occasion or instance for which
assistance is needed to supplement local efforts and capabilities to
save lives and to protect property and public health and safety, or
to lessen or avert the threat of a catastrophe; and
3. "Emergency responder" means anyone with special skills,
qualifications, training, knowledge, and experience in the public or
private sectors that would be beneficial to a participating
jurisdiction in response to a local emergency as defined in
applicable law or ordinance or authorized drill or exercise.
C. Each participant of the system shall recognize that
emergencies transcend political jurisdictional boundaries and that
intergovernmental coordination is essential for the protection of
lives and property and for best use of available assets both public
and private. The system shall provide for mutual assistance among
the participating jurisdictions in the prevention of, response to,
and recovery from, any disaster or emergency, or any other activity,
as determined by the participating jurisdictions. The system shall
provide for mutual cooperation among the participating jurisdictions
in conducting disaster-related exercises, testing, or other training
activities outside actual declared emergency periods. This
legislation provides no immunity, rights, or privileges for any
individual responding to a state of emergency that is not requested
and/or authorized to respond by a participating jurisdiction.
Participating jurisdictions will be ensured eligibility, to the
fullest extent possible, for state and federal disaster funding.
D. All jurisdictions within the state, upon enactment of this
legislation, are automatically a part of the statewide mutual aid
system. A jurisdiction within the state may elect not to participate
or to later withdraw from the system upon enacting an appropriate
resolution by its governing body declaring that it elects not to
participate in the statewide mutual aid system and providing a copy
of the resolution to the Oklahoma Department of Emergency Management.
This legislation does not preclude participating jurisdictions from
entering into supplementary agreements with another jurisdiction and
does not affect any other agreement to which a jurisdiction may
currently be a party or decide to be a party to.
E. Many disasters begin as emergencies where local jurisdictions
require fire service and/or law enforcement assistance. These
services would normally be requested and provided at the department
level as normal day-to-day operations with no reimbursement. If an
incident response expands beyond a normal day-to-day emergency into a
disaster situation, reimbursement for mutual aid services may be
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necessary and will be in accordance with the Federal Emergency
Management Agency reimbursement policy.
F. In support of the Emergency Management Compact, Section 684.1
et seq. of this title, the Governor or the representative of the
Governor may request mutual aid assistance from local jurisdictions
for other states or their jurisdictions. In such situations, the
assisting local jurisdiction shall be considered an agent of the
state.
Added by Laws 2006, c. 199, § 4, emerg. eff. May 26, 2006. Amended
by Laws 2009, c. 79, § 1, eff. Nov. 1, 2009; Laws 2010, c. 258, § 2,
eff. Nov. 1, 2010; Laws 2013, c. 201, § 1, eff. Nov. 1, 2013.
§63-695.3. Prompt, full and effective response - Legally designated
jurisdiction official.
Each jurisdiction recognizes that there will be emergencies which
require immediate actions and implementation of procedures to apply
outside resources to make prompt and effective response to such an
emergency. This is because few, if any, individual jurisdictions
have all the resources they need in all types of emergencies and the
capability of delivering resources to the area where emergencies
occur.
The prompt, full and effective utilization of resources of the
participating jurisdictions, including any resources on hand or
available from any other source, that are essential to the safety,
care, and welfare of the people in the event of any emergency or
disaster shall be the underlying principle on which all articles of
this Compact shall be understood.
On behalf of the chief elected officer of each jurisdiction
participating in the Compact, the legally designated jurisdiction
official who is assigned responsibility for emergency management will
be responsible for the formulation of the appropriate aid plans and
procedures necessary to implement the Compact.
Added by Laws 2006, c. 199, § 5, emerg. eff. May 26, 2006. Amended
by Laws 2010, c. 258, § 3, eff. Nov. 1, 2010.
§63-695.4. Procedural plans and programs - Requests for assistance -
Consultation between jurisdictions - Discretion.
A. It shall be the responsibility of each jurisdiction to
formulate procedural plans and programs for interjurisdictional
cooperation in the performance of the responsibilities listed in this
section. In formulating such plans, and in carrying them out, the
jurisdictions, insofar as practical, shall:
1. Review individual jurisdictional hazards analyses and, to the
extent reasonably possible, determine all those potential emergencies
the jurisdictions might jointly suffer, whether due to natural or
man-made disasters or emergencies;
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2. Review individual emergency plans of the jurisdictions and
develop a plan that will determine the mechanism for the
interjurisdictional management and provision of assistance concerning
any potential emergency;
3. Develop interjurisdictional procedures to fill any identified
gaps and to resolve any identified inconsistencies or overlaps in
existing or developed plans;
4. Assist in warning communities adjacent to or crossing the
jurisdictional boundaries;
5. Protect and assure uninterrupted delivery of services,
medicines, water, food, energy and fuel, search and rescue, critical
lifeline equipment, and resources, both human and material;
6. Inventory and set procedures for the interjurisdictional loan
and delivery of human and material resources, together with
procedures for reimbursement or forgiveness; and
7. Provide, to the extent authorized by law, for temporary
suspension of any statutes or ordinances that restrict the
implementation of the above responsibilities.
All jurisdictions should use and conform to the current national
standard for on-scene management and command systems.
B. The authorized representative of a jurisdiction may request
assistance of another jurisdiction by contacting the authorized
representative of that jurisdiction. The provisions of the Oklahoma
Intrastate Mutual Aid Compact shall apply only to requests for
assistance made by and to authorized representatives. Requests may
be verbal or in writing. If verbal, the request shall be confirmed
in writing within thirty (30) days of the verbal request. Requests
shall provide the following information:
1. A description of the emergency service function for which
assistance is needed including, but not limited to, fire services,
law enforcement, emergency medical, transportation, communications,
public works and engineering, building inspection, planning and
information assistance, mass care, resource support, health and
medical services, and search and rescue;
2. The amount and type of personnel, equipment, materials and
supplies needed and a reasonable estimate of the length of time they
will be needed; and
3. The specific place and time for staging of the response of
the assisting party and a point of contact at that location.
C. There shall be frequent consultation between jurisdiction
officials who have assigned emergency management responsibilities and
other appropriate representatives of the jurisdictions with affected
jurisdictions, with free exchange of information, plans, and resource
records relating to emergency capabilities.
D. Jurisdictions shall not be obligated under the Compact to
send the requested assistance, and assistance may be withdrawn at any
time in the sole and absolute discretion of the jurisdiction.
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Added by Laws 2006, c. 199, § 6, emerg. eff. May 26, 2006.
§63-695.5. Necessary actions and provisions - Powers, duties, rights
and privileges of emergency forces - Command and control.
Any jurisdiction requested to render mutual aid or conduct
exercises and training for mutual aid shall take such action as is
necessary to provide and make available the resources covered by the
Oklahoma Intrastate Mutual Aid Compact in accordance with the terms
hereof; provided that it is understood that the jurisdiction
rendering aid may withhold resources to the extent necessary to
provide reasonable protection for its own jurisdiction.
Each jurisdiction shall afford the emergency forces of any
jurisdiction, while operating within its jurisdictional limits under
the terms and conditions of the Compact, the same powers, duties,
rights, and privileges as are afforded forces of the jurisdiction in
which they are performing emergency services. Emergency forces will
continue under the command and control of their regular leaders, but
the organizational units will come under operational control of the
emergency services authorities of the jurisdiction receiving
assistance and must report to the incident check-in location for
assignment.
Added by Laws 2006, c. 199, § 7, emerg. eff. May 26, 2006.
§63-695.6. Professional, mechanical or other licenses, certificates
or permits.
Whenever any person holds a license, certificate, or other permit
issued by any jurisdiction party evidencing the meeting of
qualifications for professional, mechanical, or other skills, and
when such assistance is requested by the receiving jurisdiction, such
person shall be deemed licensed, certified, or permitted by the
jurisdiction requesting assistance to render aid involving such skill
to meet an emergency or disaster, or a nondisaster incident or
activity as determined by the participating jurisdictions, subject to
such limitations and conditions as the requesting jurisdiction may
prescribe by executive order or otherwise.
Added by Laws 2006, c. 199, § 8, emerg. eff. May 26, 2006. Amended
by Laws 2010, c. 258, § 4, eff. Nov. 1, 2010.
§63-695.7. Liability and immunity.
Officers or employees of a jurisdiction rendering aid in another
jurisdiction pursuant to the Oklahoma Intrastate Mutual Aid Compact
shall be considered within the scope of employment of the requesting
jurisdiction for tort liability and immunity purposes. No
jurisdiction or its officers or employees rendering aid in another
jurisdiction pursuant to the Compact shall be liable on account of
any act or omission in good faith on the jurisdiction of such forces
while so engaged or on account of the maintenance or use of any
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equipment or supplies in connection therewith. Good faith shall not
include willful misconduct, gross negligence, or recklessness.
Added by Laws 2006, c. 199, § 9, emerg. eff. May 26, 2006.
§63-695.8. Compensation and death benefits.
Each jurisdiction shall provide for the payment of compensation
and death benefits to injured members of the emergency forces of that
jurisdiction and representatives of deceased members of such forces
who sustain injuries or are killed while rendering aid pursuant to
the Oklahoma Intrastate Mutual Aid Compact, in the same manner and on
the same terms as if the injury or death were sustained within its
own jurisdiction.
Added by Laws 2006, c. 199, § 10, emerg. eff. May 26, 2006.
§63-695.9. Reimbursement for loss, damage, expense or cost.
Any jurisdiction rendering aid in another jurisdiction pursuant
to the Oklahoma Intrastate Mutual Aid Compact shall be reimbursed by
the jurisdiction receiving such aid for any loss or damage to or
expense incurred in the operation of any equipment and the provision
of any service in answering a request for aid and for the costs
incurred in connection with such requests; provided, that any aiding
jurisdiction may assume in whole or in part such loss, damage,
expense, or other cost, or may loan such equipment or donate such
services to the receiving jurisdiction without charge or cost; and
provided further, that any two or more jurisdictions may enter into
supplementary agreements establishing a different allocation of costs
among those jurisdictions. Compensation expenses shall not be
reimbursable under this section.
Added by Laws 2006, c. 199, § 11, emerg. eff. May 26, 2006.
§63-695.10. Plans for evacuation and interjurisdiction reception of
civilian population.
Plans for the orderly evacuation and interjurisdiction reception
of portions of the civilian population as the result of any emergency
or disaster of sufficient proportions to so warrant, shall be worked
out and maintained between the party jurisdictions of the Oklahoma
Intrastate Mutual Aid Compact and the emergency management or
services directors of the various jurisdictions where any type of
incident requiring evacuations might occur. Such plans shall be put
into effect by request of the jurisdiction from which evacuees come
and shall include the manner of transporting such evacuees, the
number of evacuees to be received in different areas, the manner in
which food, clothing, housing, and medical care will be provided, the
registration of evacuees, the providing of facilities for the
notification of relatives or friends, and the forwarding of such
evacuees to other areas or the bringing in of additional materials,
supplies, and all other relevant factors.
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Added by Laws 2006, c. 199, § 12, emerg. eff. May 26, 2006.
§63-701. Shooting galleries - Standards and specifications.
(A) Open air shooting galleries constructed from and after the
effective date of this act shall conform to the following standards
and specifications:
(a) There shall be a backstop not less than seven and one-half
(7 1/2) feet high, which shall be constructed of steel of a thickness
not less than U.S. standard eight-gauge steel and shall be well
lapped at the joints; the backstop shall be not less than eight (8)
nor more than twenty-five (25) feet wide.
(b) Attached to each side of the backstop at ninety (90) degree
angles, extending toward the counter, shall be side walls of the same
height as the backstop, which side walls shall be constructed of
steel of a thickness not less than U.S. standard sixteen-gauge steel
and shall be from six (6) to twenty-five (25) feet in length. In the
event the steel side walls do not extend to the counter, the
remaining portion of the side walls shall be so constructed as to
prevent any person from getting into the line of fire.
(c) The inside edge of the counter from which the shooting takes
place shall be placed not less than twenty-five (25) feet from the
backstop or any metal target.
(d) All targets shall be placed not less than twelve (12) inches
from the ends of the backstop, and shall be not less than twenty-four
(24) inches from the top and not less than twelve (12) inches from
the bottom of the backstop.
(B) Closed shooting galleries constructed after the effective
date of this act shall be lawful of any size, provided that closed
shooting galleries shall be constructed so that they at least conform
to the minimum requirements of open air shooting galleries.
Laws 1955, p. 187, § 1.
§63-702. Ammunition.
The only type of ammunition which shall be lawful for use in
shooting galleries shall be twenty-two (22) caliber shorts.
Added by Laws 1955, p. 187, § 2.
§63-703. Operators and employees - 21 years of age.
No person under the age of twenty-one (21) years shall operate or
be employed at any shooting gallery. Violation of this section shall
be cause for revocation of the inspection statement provided for in
Section 4 of this act.
Laws 1955, p. 187, § 3.
§63-704. Inspection statement.
Before any shooting gallery shall begin to operate in any county,
city or town of this state, it shall be inspected by the sheriff of
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said county, or his authorized deputy, for safety, and the owner must
have a statement in writing by said sheriff or his authorized deputy
that he has inspected the premises and is of the opinion that it is
safe to operate. Such statement shall not be furnished by the
sheriff or his authorized deputy unless the shooting gallery meets
the requirements of this act. In the event a shooting gallery is
moved from one place to another, a new inspection statement must be
secured by the owner or operator prior to beginning operation. It is
hereby made the duty of the sheriff of each county personally or
through his authorized deputy to make the inspection required herein
upon request of the owner or operator. Shooting galleries
constructed prior to the effective date of this act shall be
furnished an inspection statement as required herein even though such
shooting gallery does not meet the requirements of this act if, in
the opinion of the sheriff or his authorized deputy, it is safe to
operate.
Laws 1955, p. 187, § 4.
§63-705. License tax.
Cities and towns wherein shooting galleries are operated are
hereby authorized to levy and collect a license tax upon their
operation, which license tax shall not exceed Twenty Dollars ($20.00)
per year.
Laws 1955, p. 187, § 5.
§63-706. Hours for opening and closing - Exception.
In cities and towns and in areas outside the corporate limits of
a city or town, shooting galleries shall close from 11:59 o'clock
p.m. Saturday until 8:00 a.m. Monday, except that cities having a
population in excess of fifty thousand (50,000), according to the
next preceding Federal Decennial Census, may permit the operation of
shooting galleries during the period from 11:59 o'clock p.m. Saturday
and 8:00 a.m. Monday.
Laws 1955, p. 188, § 6.
§63-707. Penalties.
Any violation of this act is hereby made a misdemeanor punishable
by a fine of not less than Twenty-five Dollars ($25.00) nor more than
One Hundred Dollars ($100.00) or by imprisonment in the county jail
for a period not to exceed thirty (30) days, or by both such fine and
imprisonment.
Laws 1955, p. 188, § 7.
§63-708. Public shootings sponsored by non-profit organizations
exempt.
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Nothing in this act shall apply to turkey shoots or similar types
of public shootings sponsored by civic, fraternal, veterans, or other
nonprofit organizations.
Laws 1955, p. 188, § 8.
§63-709. Repealed by Laws 1997, c. 256, § 1, emerg. eff. May 23,
1997.
§63-709.1. Repealed by Laws 1997, c. 256, § 1, emerg. eff. May 23,
1997.
§63-709.2. Noise - Exemption from liability.
A. Notwithstanding any municipal ordinance or rule regulating
noise to the contrary, a governmental official may not seek a civil
or criminal penalty or injunction against a shooting range, or its
owner or operators, on the basis of noise emanating from the range,
provided the noise at the property line of the shooting range does
not exceed one hundred fifty (150) decibels.
B. No person shall bring any suit in law or equity or any other
claim for relief against a shooting range, or its owners or
operators, based upon noise emanating from the shooting range,
provided the noise at the property line of the range does not exceed
one hundred fifty (150) decibels.
C. Notwithstanding any law to the contrary, any ordinance or
rule relating to noise adopted by any local unit of government,
whether before, on, or after the effective date of this act, shall
not be deemed to be enforceable against a shooting range, provided
the noise at the property line of the range does not exceed one
hundred fifty (150) decibels. The ordinance or rule shall not serve
as the basis for any suit in law or equity, whether brought by a
governmental official or person. In no event shall the provisions of
this subsection affect the outcome of any suit brought prior to the
effective date of this act in which a final order of judgment or
relief has been entered.
Added by Laws 1996, c. 191, § 23, emerg. eff. May 16, 1996.
§63-931. Board of Medicolegal Investigations - Membership -
Compensation - Meetings.
)*.
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1. The Director of the State Bureau of Investigation, or a
designee;
2. The State Commissioner of Health, or a designee;
3. The Dean of the College of Medicine of the University of
Oklahoma, or a designee;
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4. The President or Dean of the Oklahoma State University Center
for Health Sciences, or a designee;
5. The President of the Oklahoma Bar Association, or a designee;
6. The President of the Oklahoma Osteopathic Association, or a
designee;
7. The President of the Oklahoma State Medical Association, or a
designee; and
8. A funeral director, as provided by Section 396.3 of Title 59
of the Oklahoma Statutes, appointed by the Oklahoma Funeral Board.
The Chief Medical Examiner shall be an ex officio nonvoting member of
the Board. The Board shall elect one of its members as chair and one
of its members as vice-chair. Elections of board members shall be
held annually. An elected member shall not serve in the same
capacity as chair or vice-chair for more than two (2) consecutive
years. Members of the Board shall receive no compensation for their
services on this Board. Regular meetings of the Board shall be held
at such times as determined by its members, and special meetings may
be called by the chair. Four members shall constitute a quorum.
Added by Laws 1961, p. 604, § 1, eff. Jan. 2, 1962. Amended by Laws
1969, c. 143, § 1, emerg. eff. April 9, 1969; Laws 1972, c. 246, § 1,
emerg. eff. April 7, 1972; Laws 1980, c. 112, § 1, emerg. eff. April
10, 1980; Laws 1983, c. 333, § 23, emerg. eff. June 29, 1983; Laws
1987, c. 231, § 7, eff. July 1, 1987; Laws 1996, c. 234, § 1, eff.
July 1, 1996; Laws 2005, c. 410, § 1, eff. July 1, 2005; Laws 2014,
c. 293, § 1, eff. Nov. 1, 2014; Laws 2015, c. 85, § 1, eff. Nov. 1,
2015.
§63-932. Rules and regulations.
The Board is hereby authorized to promulgate rules and
regulations necessary or appropriate to carry out effectively the
provisions of this act. Such rules and regulations shall be filed
with the Secretary of State and shall not be effective until ten (10)
days after the date of filing. The Board shall, on the date of
filing, send a copy of the rules and regulations by the United States
mail to the state regulatory board the licensees of which are
affected thereby.
Laws 1961, p. 605, § 2.
§63-933. Office of Chief Medical Examiner.
The Office of the Chief Medical Examiner of the State of Oklahoma
is hereby established to be operated under the control and
supervision of the Board. The Office shall be directed by the Chief
Medical Examiner, and the Chief Medical Examiner may employ such
other staff members as the Board shall specify.
Laws 1961, p. 605, § 3; Laws 1972, c. 246, § 2, emerg. eff. April 7,
1972.
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§63-934. Appointment and qualifications of Chief Medical Examiner.
The Board of Medicolegal Investigations shall appoint a Chief
Medical Examiner who shall be a physician licensed to practice in
Oklahoma and a Diplomate of the American Board of Pathology or the
American Osteopathic Board of Pathology in forensic pathology. The
Chief Medical Examiner shall serve at the pleasure of the Board. In
addition to the duties prescribed by law, the Chief Medical Examiner
may teach in any educational capacity.
Added by Laws 1961, p. 605, § 4, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 3, emerg. eff. April 7, 1972; Laws 1996, c. 234, § 2,
eff. July 1, 1996; Laws 2014, c. 293, § 2, eff. Nov. 1, 2014.
§63-935. Responsibility of Examiner - Delegation of duties.
The Chief Medical Examiner shall be directly responsible to the
Board for the performance of the duties provided for in this act and
for the administration of the office of the Chief Medical Examiner.
The Chief Medical Examiner may, however, delegate specific duties to
competent and qualified personnel who may act for the Chief Medical
Examiner within the scope of the express authority granted by the
Chief Medical Examiner, subject, however, to such rules as the Board
may prescribe.
Added by Laws 1961, p. 605, § 5, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 4, emerg. eff. April 7, 1972; Laws 2006, 2nd
Ex.Sess., c. 83, § 9, eff. Oct. 1, 2006; Laws 2008, c. 269, § 5, eff.
July 1, 2008; Laws 2014, c. 293, § 3, eff. Nov. 1, 2014.
§63-935.1. Office of the State Medical Examiner relocation
The Office of the State Medical Examiner and the Board of
Medicolegal Investigations are authorized to relocate the Office of
the State Medical Examiner to a location determined by the Board as
provided by law.
Added by Laws 2010, c. 329, § 1, emerg. eff. June 6, 2010. Amended
by Laws 2015, c. 85, § 2, eff. Nov. 1, 2015; Laws 2016, c. 94, § 1,
emerg. eff. Apr. 19, 2016.
§63-936. Office and laboratory.
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,
Added by Laws 1961, p. 605, § 6, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 5, emerg. eff. April 7, 1972; Laws 2014, c. 293, § 4,
eff. Nov. 1, 2014; Laws 2015, c. 85, § 3, eff. Nov. 1, 2015.
§63-937. Appointment and qualifications of county medical examiners.
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Added by Laws 1961, p. 605, § 7, eff. Jan. 2, 1962. Amended by Laws
1963, c. 302, § 1, emerg. eff. June 19, 1963; Laws 1965, c. 258, § 1,
emerg. eff. June 21, 1965; Laws 1972, c. 246, § 6, emerg. eff. April
7, 1972; Laws 2014, c. 293, § 5, eff. Nov. 1, 2014; Laws 2015, c. 85,
§ 4, eff. Nov. 1, 2015.
§63-938. Types of deaths to be investigated - Autopsies.
A. All human deaths of the types listed herein shall be
investigated as provided by law:
1. Violent deaths, whether apparently homicidal, suicidal, or
accidental;
2. Deaths under suspicious, unusual or unnatural circumstances;
3. Deaths related to disease which might constitute a threat to
public health;
4. Deaths unattended by a licensed physician for a fatal or
potentially-fatal illness;
5. Deaths that are medically unexpected and that occur in the
course of a therapeutic procedure;
6. Deaths of any persons detained or occurring in custody of
penal incarceration; and
7. Deaths of persons whose bodies are to be cremated,
transported out of the state, donated to educational entities, to
include limited portions of the body, or otherwise made ultimately
unavailable for pathological study.
B. The Chief Medical Examiner shall state on the certificate of
death of all persons whose death was caused by execution pursuant to
a lawful court order that the cause of death was the execution of
such order.
Added by Laws 1961, p. 605, § 8, eff. Jan. 2, 1962. Amended by Laws
1963, c. 302, § 2, emerg. eff. June 19, 1963; Laws 1972, c. 246, § 7,
emerg. eff. April 7, 1972; Laws 2000, c. 161, § 1, eff. July 1, 2000;
Laws 2014, c. 293, § 6, eff. Nov. 1, 2014.
§63-939. Production of records, documents, evidence or other
material.
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Except as otherwise provided by law, the Chief Medical Examiner
shall produce records, documents, evidence or other material of any
nature only upon the order of a court of competent jurisdiction. An
interested party or litigant in a civil or criminal action may make
application for an order to produce such materials. The court, after
notice to all parties, including the Chief Medical Examiner, and a
hearing on the application, may, upon the showing of good cause,
direct the release of a copy or any part of such material. In
addition, the court may also direct the payment of reasonable costs
by the requesting party for the production of the material. The
production of such material shall take place at the Office of the
Chief Medical Examiner unless, upon a showing of good cause,
specifically ordered otherwise by the court.
Added by Laws 1961, p. 606, § 9, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 8, emerg. eff. April 7, 1972; Laws 1996, c. 234, § 3,
eff. July 1, 1996; Laws 2014, c. 293, § 7, eff. Nov. 1, 2014.
§63-940. Cooperation of state and county officials - Notification of
deaths.
A. All law enforcement officers and other state and county
officials shall cooperate with the Chief Medical Examiner and all
other medical examiners in making investigations required pursuant to
the provisions of Sections 931 through 954 of this title. Said
officials and the physician in attendance of the deceased, or other
persons when the deceased was unattended by a physician, shall
promptly notify the medical examiner of the occurrence of all deaths
coming to their attention which, pursuant to the provisions of
Sections 931 through 954 of this title, are subject to investigation,
and shall assist in making dead bodies and related evidence available
for investigation.
Subject to the provisions of Sections 931 through 954 of this
title, bodies shall not be disturbed until authorized by the Chief
Medical Examiner or his or her designee and the representative of any
law enforcement agency which has begun an investigation of the cause
of death. Said authorization may be given by telephone. Nothing in
Sections 931 through 954 of this title shall prevent the district
attorney or his or her designee from authorizing the removal of a
body when the removal is determined to be in the public interest and
conditions at the scene are adequately documented and preserved by
photographs and measurements.
B. The death of any patient, inmate, ward, or veteran in a state
hospital or other institution shall be reported by the chief
administrative officer of the hospital or institution or his or her
designee to the Office of the Chief Medical Examiner at the time of
the death and prior to release of the body.
1. Within thirty-six (36) hours, a written report shall be
submitted and shall be accompanied by true and correct copies of all
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medical records of the hospital or institution concerning the
deceased patient.
2. The Chief Medical Examiner shall have the authority to
require production of any records, documents, or equipment or other
items regarding the deceased patient deemed necessary to investigate
the death.
Added by Laws 1961, p. 606, § 10, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 9, emerg. eff. April 7, 1972; Laws 1978, c. 114, § 1,
emerg. eff. March 31, 1978; Laws 1980, c. 178, § 1, emerg. eff. May
14, 1980; Laws 1984, c. 36, § 1, emerg. eff. March 28, 1984; Laws
1988, c. 326, § 34, emerg. eff. July 13, 1988; Laws 2014, c. 293, §
8, eff. Nov. 1, 2014.
§63-940a. Liability for removal of body.
No funeral establishment or its employees shall be liable for the
action, per se, of removing a body when ordered to do so by any
public official having the authority to order such removal.
Added by Laws 1999, c. 188, § 1, emerg. eff. May 21, 1999.
§63-941. Investigation by county examiner.
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Upon conclusion of the investigation and determination that such
objects or writings are no longer needed as evidence, the medical
examiner or the medical examiner's designee may deliver them to the
district attorney, law enforcement agency, or family for disposition.
The investigating medical examiner or the medical examiner's
designee shall have access at all times to any and all medical and
dental records and history of the deceased, including, but not
limited to, radiographs and medical records, in the course of his or
her official investigation to determine the cause and manner of
death. Such records may not be released to any other person by the
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medical examiner, and the custodians of such records shall incur no
liability by reason of the release of such records to the medical
examiner. The body of the deceased shall be turned over to the
funeral director designated by the person responsible for burial
within twenty-four (24) hours of receipt of the decedent unless a
longer period is necessary to complete the required investigation.
Added by Laws 1961, p. 606, § 11, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 10, emerg. eff. April 7, 1972; Laws 2014, c. 293, §
9, eff. Nov. 1, 2014; Laws 2015, c. 85, § 5, eff. Nov. 1, 2015.
§63-941a. Custody of the body.
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1. A release is signed by the person legally entitled to the
custody of the body; or
2. The attending physician has notified the Chief Medical
Examiner of the State of Oklahoma, or his or her designee, of the
need for further investigation into the cause of death, or has
notified the appropriate district attorney of such need; or
3. The laws of this state or the regulations of the Board of
Medicolegal Investigations require additional information or
examination that cannot be obtained or completed within the above
period of time.
Added by Laws 1975, c. 174, § 1. Amended by Laws 2014, c. 293, § 10,
eff. Nov. 1, 2014; Laws 2015, c. 85, § 6, eff. Nov. 1, 2015.
§63-941b. Condition of the body.
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Added by Laws 1975, c. 174, § 2. Amended by Laws 2015, c. 85, § 7,
eff. Nov. 1, 2015.
§63-942. Report of findings.
A. 1. Upon completion of an investigation, the medical examiner
shall reduce his or her findings to writing upon the form supplied to
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the medical examiner which shall be promptly sent to the Chief
Medical Examiner by mail.
2. If the medical examiner finds that the deceased had illicit,
prescription or nonprescription drugs in his or her system at the
time of death, the medical examiner shall document in his or her
findings if the death was:
a. a natural or accidental death with drug involvement,
b. a homicide by drugs,
c. a suicide by drug overdose, or
d. a death with drug involvement, but the manner of death
could not be determined.
3. A fatality shall not be considered a drug-related death
unless the medical examiner determines that the drug or drugs present
in the deceased materially contributed to the death.
B. Copies of reports shall be furnished by the Chief Medical
Examiner to investigating agencies having official interest therein.
Copies of reports shall also be furnished to the spouse of the
deceased or any person within one degree of consanguinity of the
deceased upon request and within five (5) business days of the
request once the cause and manner of death have been determined and
the death certificate has been issued.
Added by Laws 1961, p. 606, § 12, eff. Jan. 2, 1962. Amended by Laws
1963, c. 302, § 3, emerg. eff. June 19, 1963; Laws 1972, c. 246, §
11, emerg. eff. April 7, 1972; Laws 2011, c. 344, § 2, eff. Nov. 1,
2011; Laws 2014, c. 293, § 11, eff. Nov. 1, 2014.
§63-942a. Appeal of medical examiner's findings.
A. The next of kin of the deceased may appeal the findings of
the medical examiner to the district court of Oklahoma County under a
petition for judicial review within two (2) years from the completion
of the report. Such appeal shall be made in writing, shall state the
nature and reasons for the appeal, and shall be supported by
affidavit. The burden of proof shall be on the petitioner to
establish by a preponderance of the evidence that the death
certificate is in error. The petitioner shall notify the Office of
the Chief Medical Examiner in writing upon filing the petition for
judicial review. No jury shall be impaneled and no monetary damages
shall be awarded under a cause of action filed pursuant to this
subsection.
B. The court shall conduct an evidentiary hearing. Should the
court find that the findings of the medical examiner are erroneous,
the court shall immediately order the Chief Medical Examiner to
correct the report and transmit the appropriate paperwork to the
State Department of Health for the correction of the death
certificate.
Added by Laws 2011, c. 344, § 3, eff. Nov. 1, 2011. Amended by Laws
2014, c. 293, § 12, eff. Nov. 1, 2014.
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§63-943. Repealed by Laws 2014, c. 293, § 23, eff. Nov. 1, 2014.
§63-944. Autopsy - Public interest - Collection of specimens.
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The medical examiner or his or her designee may collect and
retain such blood, tissue, bone, fluid or body waste specimens as are
deemed necessary to carry out his or her duties as specified in
Section 931 et seq. of this title. No autopsy authorization shall be
required as a prerequisite to the collection of such specimens.
Added by Laws 1961, p. 606, § 14, eff. Jan. 2, 1962. Amended by Laws
1965, c. 258, § 2, emerg. eff. June 21, 1965; Laws 1968, c. 182, § 1;
Laws 1972, c. 246, § 13, emerg. eff. April 7, 1972; Laws 2014, c.
293, § 13, eff. Nov. 1, 2014; Laws 2015, c. 85, § 8, eff. Nov. 1,
2015.
§63-944.1. Repealed by Laws 2014, c. 293, § 23, eff. Nov. 1, 2014.
§63-944.2. Unconstitutional.
NOTE: Editorially renumbered from § 944.1 to avoid a duplication in
numbering.
NOTE: Section, derived from Laws 1985, c. 245, § 3, mandating
sharing of costs of operation by requiring a fee for autopsies
performed by State Medical Examiner, declared unconstitutional by
State ex rel, Jordan v. City of Bethany, Okl., 769 P.2d 164(1989).
§63-945. Person to perform autopsy - Extent - Report of findings.
A. When properly authorized, an autopsy shall be performed by
the Chief Medical Examiner or such person as may be designated by him
or her for such purpose. The Chief Medical Examiner or a person
designated by him or her may authorize arterial embalming of the body
prior to the autopsy when such embalming would in his or her opinion
not interfere with the autopsy. The extent of the autopsy shall be
made as is deemed necessary by the person performing the autopsy.
B. A full and complete report of the facts developed by the
autopsy together with the findings of the person making it shall be
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prepared and filed in the Office of the Chief Medical Examiner
without unnecessary delay. Copies of such reports and findings shall
be furnished to district attorneys and law enforcement officers
making a criminal investigation in connection with the death.
C. Upon receiving a written, signed and dated records request, a
copy of the full and complete report of the facts developed by the
autopsy, together with the findings of the person making the report,
shall be released by the Office of the Chief Medical Examiner to the
public in the most expedient manner available or as requested by the
records requester and, under the following conditions, shall be
furnished to:
1. District attorneys and any law enforcement agency with
authority to make a criminal investigation in connection with the
death; provided, such copies shall not be shared with any other
entity unless otherwise provided by law;
2. The spouse of the deceased or any person related within two
(2) degrees of consanguinity to the deceased, unless the district
attorney or law enforcement agency making a criminal investigation
objects to the release of documents to any family member. District
attorneys and law enforcement agencies shall be prohibited from
objecting to the release of the full and complete autopsy report to
the family if the decedent was in state custody, in custody of law
enforcement or is deceased due to lethal action of a law enforcement
officer; and
3. Any insurance company conducting an insurer's investigation
of any insurance claim arising from the death of the individual upon
whom the autopsy was performed.
D. The full and complete report of the facts developed by the
autopsy, together with the findings of the person making the report,
shall be withheld from public inspection and copying for ten (10)
business days following the date the report is generated by the
Office of the Chief Medical Examiner, except as provided for in
subsection C of this section.
E. The Office of the Chief Medical Examiner shall produce a
summary report of investigation by the medical examiner at the same
time the full and complete report of the facts developed by the
autopsy, together with the findings of the person making the report,
is released to the parties listed in subsection C of this section.
The summary report of investigation shall be made available for
public inspection and copying without delay. Any person may obtain a
copy of the summary report of investigation in the most expedient
manner available or as requested by the records requester.
F. The summary report of investigation shall include, but not be
limited to the following information, if known:
1. Decedent name, age, birth date, race, sex, home address,
examiner notified by name and title and including date and time,
location where decedent was injured or became ill, including name of
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facility, address, city, county, type of premises, date and time;
location of death including name of facility, city, county, type of
premises, date and time, and location body was viewed by medical
examiner including address, city, county, type of premises and date
and time;
2. If the death was a motor vehicle accident, whether the
decedent was the driver, passenger or pedestrian, and the type of
vehicle involved in the accident;
3. A description of the body, including but not limited to the
external physical examination, rigor, livor, external observations
including hair, eye color, body length and weight, and other external
observations, as well as the presence and location of blood; and
4. The probable cause of death, other significant conditions
contributing to the death but not resulting in the underlying cause
given, manner of death, case disposition, case number, and name and
contact information of the medical examiner performing the autopsy,
including a signature and certification statement that the facts
contained in the report are true and correct to the best of their
knowledge and the date the report was signed and generated.
G. At the conclusion of the ten (10) business-day-period, the
full and complete report shall be made available as a public record
except when a district attorney or law enforcement agency with
authority to make a criminal investigation in connection with the
death declares that the full and complete report contains information
that would materially compromise an ongoing criminal investigation.
Such declaration shall be in writing to the Office of the Medical
Examiner and be an open record available from the Office of Medical
Examiner.
1. Upon such declaration, the district attorney or law
enforcement agency shall request from the appropriate district court
a hearing for an extension of time during which the full and complete
autopsy report, not including information in the summary report, may
be withheld.
2. When a request for an extension of time has been filed with
the court, the full and complete autopsy report in question may be
withheld until the court has issued a ruling on the requested
extension of time to release the autopsy report. Such requests for
an extension of time during which the autopsy may be withheld shall
be made on the grounds that release of the full and complete autopsy
report will materially compromise an ongoing criminal investigation.
3. Courts considering such requests shall conduct a hearing and
consider whether the interests of the public outweigh the interests
asserted by the district attorney or law enforcement agency.
4. If an extension of time is granted by the court, the initial
extension shall be ordered by the court for a period of six (6)
months. Subsequent extensions shall only be ordered after a hearing
by the court for an additional one year and cumulative time
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extensions shall not exceed more than four (4) years and six (6)
months; provided, under no circumstance shall an extension of time be
granted by the court if the deceased person was in state custody, in
custody of law enforcement or was deceased due to lethal action of a
law enforcement officer.
5. In the event that six (6) months have expired from the date
of the initial release of the autopsy report without any person being
criminally charged in the case in question and release of the autopsy
or portions of the autopsy have been denied on the grounds of
materially compromising a criminal investigation, an appeal of such
denial may be made to the appropriate district court. Courts
considering appeals for temporarily withholding an autopsy report
shall conduct a hearing and consider whether the interests of the
public outweigh the interests asserted by the district attorney or
law enforcement agency. In response to such appeals, the district
court shall order that the autopsy report be made available for
public inspection and copying with no redaction, or shall order an
extension of time during which the autopsy report may be withheld
under the provisions of this section.
6. Any court order obtained pursuant to this subsection shall be
served upon the Office of the Chief Medical Examiner by the party
requesting or granted the extension by the court.
H. An order granting an extension of time shall be applicable to
the autopsy report for the duration of the extension; provided, each
subsequent time extension shall only be ordered by the district court
for an additional twelve-month period of time or less and cumulative
time extensions shall not exceed four (4) years and six (6) months;
provided, charges being filed against a person in the case in
question or an autopsy report being entered into evidence as part of
a criminal prosecution nullifies any granted extension of time.
I. The opportunities to withhold an autopsy report or portions
of an autopsy report provided in this section shall expire in
totality four (4) years and six (6) months after the date the autopsy
report was generated, at which time the autopsy report previously
withheld on the grounds provided for in this section shall be made
available for public inspection and copying.
J. Nothing in this section shall prohibit a district attorney or
law enforcement agency with authority to make a criminal
investigation in connection with the death from immediately releasing
portions of information contained in the full and complete autopsy
report for the purposes of assisting with the criminal investigation
or apprehension of any person involved in a criminal act that
resulted in the death of another person.
K. After ten (10) business days from the release of the full and
complete report, nothing in this section shall prohibit the spouse of
the deceased or any person related within two (2) degrees of
consanguinity to the deceased who has received a copy of the full and
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complete autopsy report from the Office of the Chief Medical Examiner
from authorizing the Office of the Chief Medical Examiner's office to
release the full and complete autopsy report to any other person
subject to approval by the court.
Added by Laws 1961, p. 607, § 15, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 14, emerg. eff. April 7, 1972; Laws 2014, c. 293, §
14, eff. Nov. 1, 2014; Laws 2017, c. 385, § 1, eff. Nov. 1, 2017.
§63-946. Exhuming of bodies - Hearing - Autopsy - Reports.
A. If death occurred under circumstances as enumerated in
Section 938 of this title, and if the body has been buried without
proper certification of death, it shall be the duty of the
investigating official, upon ascertaining such facts, to notify the
Chief Medical Examiner and the district attorney of the county in
which the body was buried. The district attorney shall present facts
to the judge of the district court of that county, and the judge,
after a hearing, may by written order require the body to be exhumed
and an autopsy performed by the Chief Medical Examiner or his or her
designee. A copy of the court order for exhumation shall be provided
to the State Department of Health. A complete report of the facts
developed by the autopsy and the findings of the person making the
same shall be filed with the Chief Medical Examiner without
unnecessary delay and a copy furnished the district attorney of the
county within which the death occurred or within which the body was
buried, or both.
B. No order for exhumation, as provided for in subsection A of
this section, shall be made without notice of the hearing being
served upon the decedent's next of kin, five (5) days prior to the
hearing. The notice shall be served in the same manner as provided
for by law for the service of summons in a civil action, shall
include the date, time and place of the hearing and shall advise the
person so notified that he or she has the right to appear and be
heard by the court at that time. Provided, that the district attorney
may, by affidavit, advise the court that the identity or whereabouts
of any persons required to be served with notice under this
subsection is unknown and cannot be ascertained with due diligence.
Upon finding that the facts stated in the affidavit are true, the
court shall not require notice be given.
Added by Laws 1961, p. 607, § 16, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 15, emerg. eff. April 7, 1972; Laws 1981, c. 87, § 1,
eff. Oct. 1, 1981; Laws 2011, c. 105, § 37, eff. Nov. 1, 2011; Laws
2014, c. 293, § 15, eff. Nov. 1, 2014.
§63-947. Certificate of death.
A. The certification of death of any person whose death is
investigated under Section 931 et seq. of this title shall be made by
the Chief Medical Examiner or his or her designee upon a medical
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examiner death certificate provided by the State Registrar of Vital
Statistics. Such death certificates shall be valid only when signed
by the Chief Medical Examiner or his or her designee. Copies of all
such certificates shall be forwarded immediately upon receipt by the
State Registrar of Vital Statistics to the Office of the Chief
Medical Examiner.
B. Any certification of death by an attending physician may be
referred by the State Registrar of Vital Statistics to the Chief
Medical Examiner for investigation and the amending of the original
certificate of death by the filing of a medical examiner death
certificate by the Chief Medical Examiner or his or her designee when
the death is determined by the Chief Medical Examiner to be one
properly requiring investigation under Section 938 of this title.
C. Medical examiner death certificates will not be required in
cases investigated solely for the purpose of issuing a permit for
transport of a body out of state.
Added by Laws 1961, p. 607, § 17, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 16, emerg. eff. April 7, 1972; Laws 1989, c. 163, §
1, emerg. eff. May 8, 1989; Laws 2014, c. 293, § 16, eff. Nov. 1,
2014.
§63-948. Storage of biological specimens - Storage fees - Drug
screens.
A. The Office of the Chief Medical Examiner (OCME) shall store
biological specimens in the control of the OCME for the potential
purpose of independent analyses in matters of civil law, only upon
receipt of a written request for such storage and payment of a
storage fee. The fee shall be paid by the person requesting storage
to the Office of the Chief Medical Examiner. The Board shall
promulgate rules establishing a fee for storage of such biological
specimens which shall not exceed One Hundred Dollars ($100.00) per
year for a period of time not to exceed five (5) years. All fees
collected pursuant to the provisions of this subsection shall be
deposited to the credit of the Chief Medical Examiner Revolving Fund.
B. 1. The Office of the Chief Medical Examiner (OCME) is
authorized to perform drug screens on specimens in the custody of the
OCME, provided the request is made by an agency or party authorized
to receive such information. The OCME may limit drug screens within
the technical and physical capabilities of the OCME.
2. The authorization for drug screens shall apply only to
specimens from cases already within the jurisdiction of the OCME and
only when the analyses are deemed by the Chief Medical Examiner or
Deputy Chief Medical Examiner not to conflict with any investigation
of the case by the state.
3. The Board of Medicolegal Investigations shall establish a fee
for drug screen services by rule. All fees collected pursuant to the
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provisions of this subsection shall be deposited to the Chief Medical
Examiner Revolving Fund.
Added by Laws 1961, p. 607, § 18, eff. Jan. 2, 1962. Amended by Laws
1963, c. 302, § 4, emerg. eff. June 19, 1963; Laws 1968, c. 182, § 2;
Laws 1972, c. 246, § 17, emerg. eff. April 7, 1972; Laws 1996, c.
234, § 4, eff. July 1, 1996; Laws 2004, c. 559, § 1, eff. Nov. 1,
2004; Laws 2014, c. 293, § 17, eff. Nov. 1, 2014; Laws 2017, c. 343,
§ 2.
§63-948.1. Fee schedule - Exemptions.
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1. No fee schedule may be established or amended by the Board
except during a regular legislative session. The Board shall comply
with the Administrative Procedures Act for adoption of rules and
establishing or amending any such fee schedule.
2. Except as otherwise specified in this section, the Board
shall charge fees only within the following ranges:
a. permit for cremations that occur within the state: One
Hundred Dollars ($100.00) to Two Hundred Dollars
($200.00),
b. forensic science service: One Hundred Dollars
($100.00) to Three Thousand Dollars ($3,000.00),
c. report copies: Ten Dollars ($10.00) for report of
investigation, including toxicology, and Twenty Dollars
($20.00) for an autopsy report, including toxicology,
d. x-rays: Fifteen Dollars ($15.00) each,
e. microscopic slides, Hematoxylin, and Eosin (H&E): Ten
Dollars ($10.00) each,
f. special stains: Fifteen Dollars ($15.00) each, and
g. photographs: Twenty-five Dollars ($25.00) per compact
disc (CD) or other suitable digital storage media.
3. Medical examiner permit certificates shall be required in
cases investigated solely for the purpose of issuing a permit for
transporting a body out of state.
4. The Board of Medicolegal Investigations shall charge a fee
for out-of-state shipment of human remains whenever the Office of the
Chief Medical Examiner has not been required to conduct an
investigation of the death.
5. An out-of-state transport permit and cremation permit shall
both be required for bodies containing body parts sent out of state
or out of country, while remaining body parts remain unused.
B. The Board shall base the fee schedule for forensic science
services, permits and reports upon reasonable costs of review,
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investigation and forensic science service delivery; provided,
however, the fee schedule shall be within the ranges specified in
subsection A of this section. The Board shall continue a system of
basic and continuing educational service and training for all
personnel who render forensic science services in order to ensure
uniform statewide application of the rules of the Board. The Board
shall consider the reasonable costs associated with such training and
continuing education in setting the forensic science service fees.
C. The Board may exempt by rule any agency or class of
individuals from the requirements of the fee schedule if the Board
determines that the fees would cause an unreasonable economic
hardship or would otherwise hinder or conflict with an agency's
responsibilities.
D. All statutory fees currently in effect for permits or
forensic science services administered by the Chief Medical Examiner
and the Board of Medicolegal Investigations within the jurisdiction
of the Office of the Chief Medical Examiner shall remain in effect
until such time as the Board acts to implement new schedules pursuant
to the provisions of this section and Section 948 of this title.
Added by Laws 2004, c. 559, § 2, eff. Nov. 1, 2004. Amended by Laws
2014, c. 293, § 18, eff. Nov. 1, 2014; Laws 2015, c. 85, § 9, eff.
Nov. 1, 2015.
§63-949. Records - Evidence - Sudden Unexpected Death in Infants and
Children.
A. 1. a. The Office of the Chief Medical Examiner shall keep
full and complete records, properly indexed, giving the
name, if known, of every person whose death is
investigated, the place where the body was found, the
date, cause, and manner of death and all other relevant
information concerning the death. The full report and
detailed findings of the autopsy, if any, shall be a
part of the record in each case.
b. The Chief Medical Examiner shall track and forward,
within seventy-two (72) hours after the examination,
demographic information on sudden, unexpected and
nontraumatic infant deaths including, but not limited
to, Sudden Infant Death Syndrome (SIDS), to the
Oklahoma SIDS Coordinator at the State Department of
Health and the SIDS Foundation of Oklahoma. As used in
this subparagraph, "Sudden Unexpected Death in Infants
and Children" (SUDIC) means the sudden, unexpected
death of an apparently healthy infant less than one (1)
year of age which remains unexplained following a
complete medicolegal analysis and death scene
investigation. The Chief Medical Examiner shall follow
up with further notification upon final determination
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of a cause of death. Such notification shall be for
statistical reporting purposes only.
2. The office shall promptly deliver to each district attorney
having jurisdiction of the case, copies of all cases relating to a
death for which further investigation may be advisable. Any district
attorney or other law enforcement official may, upon request, obtain
copies of such records or other information deemed necessary to the
performance of such district attorney's or other law enforcement
official's official duties.
B. No report, findings, testimony, or other information of a
medical examiner shall be admitted in evidence in any civil action in
any court in this state, except under the following circumstances:
1. Certified copies of reports pertaining to the factual
determinations of views and examination of or autopsies upon the
bodies of deceased persons by the Chief Medical Examiner or anyone
under his or her supervision or control may be admitted in evidence
in any civil case in a court of competent jurisdiction in this state
by stipulation of all parties in the case;
2. If a party refuses to stipulate to admission, the reports may
be requested by any party seeking to admit the records as evidence.
The request shall be made to the Office of the Chief Medical
Examiner, who shall furnish same;
3. The party seeking admission of the reports shall then serve
interrogatories concerning the facts to be answered under oath by the
person preparing the records. The interrogatories and answers
thereto shall be subject to the rules of evidence and may be
admissible in evidence in any civil case in a court of competent
jurisdiction. Objections to the interrogatories shall be made by any
party in accordance with law just as if the interrogatories had been
served on the objecting party. Cross interrogatories shall be
submitted and shall be answered and admitted in evidence in the same
manner as interrogatories;
4. The taking of depositions shall then be allowed pursuant to
the provisions of Section 3230 of Title 12 of the Oklahoma Statutes;
provided, however, depositions shall take place at the Office of the
Chief Medical Examiner or anyone under his or her supervision or
control whose testimony is sought, unless all parties, including the
medical examiner, agree the deposition can be taken elsewhere;
5. No other testimony of the Chief Medical Examiner or anyone
under his or her supervision and control shall be admitted in
evidence in any civil action in any court of this state, unless
timely application is made to the court by an interested party or
litigant and timely notice of the application is given to the medical
examiner. After a hearing, the court, for good cause shown, may
order the appearance of the Chief Medical Examiner or anyone under
his or her supervision and control for the purpose of testifying and
may order that a subpoena be issued for that appearance; provided,
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however, that such order by the court shall be the exception and not
the rule; and
6. The cost of the records or certified copies thereof shall be
paid by the party requesting same. The reasonable fee charged by the
Chief Medical Examiner or anyone under his or her supervision and
control for answering interrogatories or cross interrogatories,
submitting to depositions, or providing testimony shall be paid by
the party submitting same. This fee shall be in place of any other
witness fee allowed by law.
C. Certified copies of reports and findings, exclusive of
hearsay evidence, may be admitted in evidence in preliminary hearings
and criminal trials by stipulation.
D. Certified copies of reports of investigations by a medical
examiner, laboratory reports and/or autopsy reports may be furnished
to the next of kin or others having need for them upon written
statement and payment of a reasonable fee set by the Board of
Medicolegal Investigations.
Added by Laws 1961, p. 607, § 19, eff. Jan. 2, 1962. Amended by Laws
1972, c. 246, § 18, emerg. eff. April 7, 1972; Laws 1974, c. 275, §
1, emerg. eff. May 29, 1974; Laws 1976, c. 63, § 1; Laws 1999, c. 55,
§ 2, emerg. eff. April 5, 1999; Laws 2004, c. 190, § 1, eff. July 1,
2004; Laws 2014, c. 293, § 19, eff. Nov. 1, 2014.
§63-950. Repealed by Laws 2014, c. 293, § 23, eff. Nov. 1, 2014.
§63-951. Transporting of bodies for autopsy or scientific tests.
The Chief Medical Examiner shall maintain a contract transport
service authorized to transport bodies of deceased persons of whose
death he or she is officially informed to an appropriate place for
autopsy or for the performance of scientific tests; provided that,
after the autopsy shall have been performed or such tests made, the
bodies of such deceased persons shall be returned to the county from
which they were brought, or, when so authorized by the district
attorney of the county and upon request of the nearest relative of
the deceased or other person who may be responsible for burial, the
body may be transported to some place other than the county. The
Chief Medical Examiner or his or her designee may authorize payment
for the services in transporting the body to the place designated for
autopsy, which shall be submitted upon a claim filed with the Board
of Medicolegal Investigations.
Added by Laws 1961, p. 608, § 21, eff. Jan. 2, 1962. Amended by Laws
1963, c. 302, § 6, emerg. eff. June 19, 1963; Laws 1972, c. 246, §
20, emerg. eff. April 7, 1972; Laws 2014, c. 293, § 20, eff. Nov. 1,
2014.
§63-952. Persons excluded from serving as examiners or deputies.
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It is specifically provided that no embalmer, funeral director,
or employee of a funeral home shall be employed in any capacity with
the Office of the Chief Medical Examiner, nor shall any member of law
enforcement including but not limited to peace officers, deputy
sheriffs, and reserve deputies.
Added by Laws 1961, p. 608, § 22, eff. Jan. 2, 1962. Amended by Laws
2014, c. 293, § 21, eff. Nov. 1, 2014.
§63-953. Penalties.
Any person who willfully fails to comply with the provisions of
this act shall be guilty of a misdemeanor, and upon conviction shall
be fined not to exceed Five Hundred Dollars ($500.00), or by
imprisonment in the county jail for a term not to exceed thirty (30)
days, or by both such fine and imprisonment.
Laws 1961, p. 608, § 23.
§63-954. Chief Medical Examiner Revolving Fund.
A. The Board of Medicolegal Investigations is authorized to
accept grants, gifts, fees or funds from persons, associations,
corporations, or foundations for any purpose authorized by the Board.
B. There is hereby created in the State Treasury a revolving
fund for the Office of the Chief Medical Examiner to be designated
the "Chief Medical Examiner Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all moneys received from:
1. Laboratory analysis fees pursuant to the provisions of
Section 1313.2 of Title 20 of the Oklahoma Statutes;
2. Grants, gifts, fees or funds from persons, associations,
corporations or foundations pursuant to this section;
3. Document fees pursuant to the Oklahoma Open Records Act,
Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes;
4. Specimen storage and drug screen service fees pursuant to the
provisions of Section 948 of Title 63; and
5. Cremation, burial at sea or other recognized means of
dissolution permit fees pursuant to Section 1-329.1 of this title.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Office of the
Chief Medical Examiner for the duties imposed upon the Board of
Medicolegal Investigations by law. 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 1961, p. 608, § 24, eff. Jan. 2, 1962. Amended by Laws
1963, c. 302, § 7, emerg. eff. June 19, 1963; Laws 1972, c. 246, §
21, emerg. eff. April 7, 1972; Laws 1987, c. 5, § 73, emerg. eff.
March 11, 1987; Laws 1987, c. 236, § 121, emerg. eff. July 20, 1987;
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Laws 1988, c. 74, § 2, eff. Nov. 1, 1988; Laws 1994, c. 382, § 33,
eff. Sept. 1, 1994; Laws 2012, c. 304, § 508; Laws 2017, c. 343, § 3.
§63-981. Activity within six (6) feet of high voltage overhead line
or conductorprohibited.
No person, firm, corporation or association shall, individually
or through an agent or employee and no person as an agent or employee
of any person, firm, corporation or association, shall perform or
permit any agent or employee to perform any function or activity upon
any land, building, highway, or other premises, when it is possible
during the performance of such activity for any person or employee
engaged in performing work connected with or related to such function
or activity to move to or to be placed in a position within six feet
of any high voltage overhead electrical line or conductor, or when it
is possible for any part of any tool, equipment, machinery or
material to be used by any such person or employee to be brought
within six (6) feet of any such overhead high voltage line or
conductor through any lateral, vertical or swinging motion during the
performance of such function or activity.
Added by Laws 1963, c. 118, § 1, emerg. eff. May 31, 1963.
§63-982. Storing, moving, etc. of equipment, materials, or buildings
within six feet of lines prohibited.
No person, firm, corporation or association shall, individually
or through an agent or employee, and no person as an agent or
employee of any person, firm, corporation or association, shall
store, operate, erect, maintain, move or transport any tools,
machinery, equipment, supplies, materials, apparatus, house or other
building, or any part thereof, within six (6) feet of any high
voltage overhead conductor.
Laws 1963, c. 118, § 2, emerg. eff. May 31, 1963.
§63-983. Posting of warning signs in cranes, derricks and similar
apparatus.
No person, firm, corporation or association shall, individually
or through an agent or employee, or as an agent or employee, operate
any crane, derrick, power shovel, drilling rig, hoisting equipment,
or similar apparatus, any part of which is capable of vertical,
lateral or swinging motion, unless there is posted and maintained in
plain view of the operator thereof, a durable warning sign legible at
twelve (12) feet, reading:
"Unlawful to operate this equipment within six feet of high
voltage lines."
Each day's failure to post or maintain such signs shall constitute a
separate violation.
Laws 1963, c. 118, § 3, emerg. eff. May 31, 1963.
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§63-984. Violations and penalties.
Every person, firm, corporation, association, and every agent or
employee of any such person, firm, corporation, or association, who
violates any of the provisions of this act, shall be guilty of a
misdemeanor, and upon conviction thereof, shall be liable to a fine
of not more than Five Hundred Dollars ($500.00), or imprisonment in
the county jail for a term not to exceed six (6) months, or both such
fine and imprisonment; and in addition thereof, if such violation
results in physical or electrical contact with any overhead high
voltage line or conductor, the person, firm, corporation or
association violating the provisions of this act, shall be liable to
the owner or operator of such high voltage line or conductor for all
damage to such facilities and for all liability incurred by such
owner or operator as a result of any such accidental contact.
Added by Laws 1963, c. 118, § 4, emerg. eff. May 31, 1963.
§63-985. Definitions.
For the purpose of this act: (a) "high voltage" shall mean a
voltage in excess of seven hundred fifty (750) volts between
conductors, or between any single conductor and the ground; (b)
"overhead lines or overhead conductors" shall mean all bare or
insulated electrical conductors installed above ground excepting
those conductors that are deenergized and grounded or that are
enclosed in iron pipe or other metal covering of equal strength.
Laws 1963, c. 118, § 5, emerg. eff. May 31, 1963.
§63-986. Temporary clearance of lines - Costs.
When any person, firm or corporation desires to temporarily carry
on any function, activity, work or operation in closer proximity to
any high-voltage line or conductor than permitted by this act, the
person or persons responsible for the work to be done shall promptly
notify the operator of the high-voltage conductors of the work to be
performed and make appropriate arrangements with the operator of the
high-voltage conductors for temporary mechanical barriers, temporary
deenergization and grounding of the conductors, or temporarily
raising of the conductors before proceeding with any work which would
impair the clearances required by this act.
The actual costs incurred by any operator of high-voltage
conductors in providing clearances as above set out shall be paid by
the persons, firms or corporations requesting the operator of the
high-voltage conductors to provide said temporary clearances. Unless
and until arrangements satisfactory to the operator of the high-
voltage conductors for such payment have been made, such operator
shall be under no duty to provide clearances as set out herein.
Laws 1963, c. 118 § 6, emerg. eff. May 31, 1963.
§63-987. Operations and activities exempt.
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This act shall not be construed as applying to, nor shall it
apply to: (a) construction, reconstruction, operation or maintenance
of any high-voltage overhead conductor, supporting structures or
appurtenances for the support or operation of high-voltage conductor
by person authorized by the owner or operator; nor (b) to work being
done on telephone or communication circuits or their supporting
structures; nor (c) to the operation or maintenance of any equipment
traveling or moving upon fixed rails of any railroad company subject
to the jurisdiction of the Interstate Commerce Commission and/or to
the Corporation Commission of the State of Oklahoma.
Laws 1963, c. 118, § 7, emerg. eff. May 31, 1963.
§63-1051. Short title.
This act may be cited as the "Oklahoma Housing Authorities Act."
Laws 1965, c. 251, § 1, emerg. eff. June 18, 1965.
§63-1052. Application of act.
The provisions of this act shall apply in all counties of this
state.
Laws 1965, c. 251, § 2, emerg. eff. June 18, 1965.
§63-1053. Finding and declaration of necessity.
It is hereby declared:
(a) that there exists in urban and rural areas in certain
counties in the state unsanitary, unsafe, and overcrowded dwelling
accommodations; that in such urban and rural areas within the state
there is a shortage of safe or sanitary dwelling accommodations
available at rents or prices which persons of low income can afford
and that such shortage forces such persons to occupy unsanitary,
unsafe, and overcrowded dwelling accommodations;
(b) that the aforesaid conditions cause an increase in and spread
of disease and crime and constitute a menace to the health, safety,
morals and welfare of the residents of the state; that these
conditions necessitate excessive and disproportionate expenditures of
public funds for crime prevention and punishment, public health and
safety, fire and accident protection, and other public services and
facilities;
(c) that these slum areas cannot be cleared nor can the shortage
of safe and sanitary dwelling for persons of low income be adequately
relieved through the operation of private enterprise and that housing
projects for persons of low income as herein defined would therefore
not be competitive with private enterprise;
(d) that such projects would also make housing available for
persons of low income who are displaced in the rehabilitation,
clearance, or redevelopment of slums and blighted areas or as the
result of other governmental action, and for veterans of low income
who are unable to provide themselves with decent housing on the basis
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of the benefits heretofore made available to them through certain
government guarantees of loans to veterans for the purchase of
residential property;
(e) that the clearance, replanning and preparation for rebuilding
of these areas and the providing of safe and sanitary dwelling
accommodations and maintaining a wholesome living environment for
persons of low income are charitable and public uses and purposes for
which public money may be spent and private property acquired and are
governmental functions of state concern;
(f) that residential construction activity is closely correlated
with general economic activity and that the undertakings authorized
by this act to aid the provision of better housing and more desirable
neighborhood and community development at lower costs will make
possible a more stable and larger volume of residential construction
activity which will assist materially in maintaining full employment;
and
(g) that it is in the public interest that preparations for such
projects and activities be made now, and that the necessity in the
public interest for the provisions hereinafter enacted is hereby
declared as a matter of legislative determination.
Laws 1965, c. 251, § 3, emerg. eff. June 18, 1965.
§63-1054. Definitions.
The following terms, wherever used or referred to in this act,
shall have the following respective meanings, unless a different
meaning clearly appears from the context:
(a) "Authority" means any public body corporate and politic
created by this act.
(b) "City" means any incorporated city or town in the state.
"County" means any county in the state.
(c) "Governing body" means, in the case of a city, the council or
other governing body of the city in which is vested legislative
authority customarily imposed on the city council, and, in the case
of a county, the board of county commissioners.
(d) "Mayor" means the mayor of the city or the officer thereof
charged with the duties customarily imposed on the mayor or executive
head of a city.
(e) "Clerk" means the city clerk or the county clerk, as the case
may be.
(f) "Area of operation" means:
(1) in the case of an authority of a city, the city and the area
within one (1) mile of the territorial boundaries thereof, except
that the area of operation of an authority of any city shall not
include any area which lies within the territorial boundaries of some
other city;
(2) in the case of an authority of a county, all of the county
for which it is created: Provided, that a county authority shall not
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undertake any project within the boundaries of any city unless a
resolution shall have been adopted by the governing body of the city
and by any authority which shall have been theretofore established
and authorized to exercise its powers in the city declaring that
there is need for the county authority to exercise its powers within
that city. No authority shall operate in any area in which an
authority already established is operating without the consent by
resolution of the authority already operating therein.
(g) "Federal government" includes the United States of America,
the Public Housing Administration, or any other agency or
instrumentality, corporate or otherwise, of the United States of
America.
(h) "Slum" means any area where dwellings predominate which by
reason of dilapidation, overcrowding, faulty arrangement or design,
lack of ventilation, light, or sanitary facilities, or any
combination of these factors, are detrimental to safety, health and
morals.
(i) "Housing project" or "project" means any work or undertaking
on contiguous or noncontiguous sites:
(1) to demolish, clear, or remove buildings from any slum
area;
(2) to provide or assist in providing (by any suitable method,
including but not limited to: rental; sale of individual units in
single or multifamily structures under conventional, condominium, or
cooperative sales contract; lease-purchase agreement; loans; or
subsidizing of rentals or charges) decent, safe and sanitary urban or
rural dwellings, apartments, or other living accommodations for
persons of low income; or
(3) to accomplish a combination of the foregoing. Such work or
undertaking may include buildings, land, equipment, facilities, and
other real or personal property for necessary, convenient or
desirable appurtenances; streets, sewers, water service, utilities,
parks, site preparation, and landscaping; and facilities for
administrative, community, health, recreational, welfare, or other
purposes. The term "housing project" or "project" also may be
applied to the planning of the buildings and improvements, the
acquisition of property or any interest therein, the demolition of
existing structures, the construction, reconstruction,
rehabilitation, alteration or repair of the improvements and all
other work in connection therewith; and the term shall include all
other real and personal property and all tangible or intangible
assets held or used in connection with the housing project.
(j) "Persons of low income" shall mean persons or families who
lack the amount of income which is necessary (as determined by the
authority undertaking the housing project) to enable them, without
financial assistance, to live in decent, safe and sanitary dwellings,
without overcrowding, however, the local housing authority shall not
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exceed the guidelines in establishing incomes set forth by the
Department of Housing and Urban Development.
(k) "Bonds" means any bonds, notes, interim certificates,
debentures, or other obligations issued by an authority pursuant to
this act.
(l) "Real property" includes all lands, including improvements
and fixtures thereon, and property of any nature appurtenant thereto,
or used in connection therewith, and every estate, interest and
right, legal or equitable, therein including terms for years.
(m) "Obligee of an authority" or "obligee" includes any
bondholder, agent or trustee for any bondholder, or lessor demising
to the authority property used in connection with a project, or any
assignee or assignees of such lessor's interest or any part thereof,
and the federal government when it is a party to any contract with
the authority.
(n) "Persons engaged in national defense activities" means
persons in the Armed Forces of the United States; employees of the
Department of Defense; and workers engaged or to be engaged in
activities connected with national defense. The term also includes
the families of the persons, employees, and workers who reside with
them.
(o) "Major disaster" means any flood, drought, fire, hurricane,
tornado, earthquake, storm, or other catastrophe which, in the
determination of the governing body, is of sufficient severity and
magnitude to warrant the use of available resources of the federal,
state, and local governments to alleviate the damage, hardship, or
suffering caused thereby.
(p) "State public body" means any city, county, municipal
corporation, commission, district, authority, agency, subdivision, or
public body of the state.
Added by Laws 1965, c. 251, § 4, emerg. eff. June 18, 1965. Amended
by Laws 1967, c. 339, § 1; Laws 1969, c. 281, § 1; Laws 1971, c. 218,
§ 1, emerg. eff. June 11, 1971.
§63-1055. Creation of city and county authorities.
In each city and in each county of the state there is hereby
created a public body corporate and politic to be known as the
"housing authority" of the city or county; provided, that the
authority shall not transact any business or exercise its powers
hereunder until or unless the governing body of the city or county,
as the case may be, by proper resolution declares that there is need
for an authority to function in the city or county.
The governing body shall give consideration as to the need for an
authority (1) on its own motion or (2) upon the filing of a petition
signed by not less than five percent (5%) of the qualified voters of
the city or county, as the case may be, asserting that there is need
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for an authority to function in the city or county and requesting
that its governing body so declare.
The governing body shall adopt a resolution declaring there is
need for an authority in the city or county, as the case may be, if
it finds (1) that insanitary or unsafe inhabited dwelling
accommodations exist in the city or county, and (2) that there is a
shortage of safe and sanitary dwelling accommodations in the city or
county available to persons of low income at rentals or prices they
can afford. If the governing body declares a need for housing
exists, as set forth in (1) and (2) of this paragraph, said governing
body shall issue notice of such need and the number of housing units
proposed in a newspaper having a general circulation in the area in
which the need is certified. Such notice shall set forth the facts
that said declaration of need is final, if not protested within
thirty (30) days from date of said notice by the method provided in
the next succeeding paragraph.
Provided, however, that if a petition signed by not less than
five percent (5%) of the legal registered voters of the city or
county affected, as the case may be, is submitted to the governing
body within thirty (30) days of the adoption of said resolution then
said resolution shall be ineffective until approved by a majority of
those voting on the question at a special or general election;
provided that in the event said resolution is not approved by a
majority of those voting at any special or general election, then the
same or a similar resolution shall not be adopted by the governing
body for a period of one (1) year thereafter.
Provided further, however, in all cities and counties of less
than two hundred thousand (200,000) population, according to the last
Federal Decennial Census, all projects not authorized prior to July
1, 1968, shall be ineffective until approved by a majority of those
voting on the question at a special or general election; except
projects authorized under the provisions of Section 1057 of this act.
In any suit, action or proceeding involving the validity or
enforcement of or relating to any contract of the authority, an
authority shall be conclusively deemed to have become established and
authorized to transact business and exercise its powers upon proof of
the adoption of the resolution and proof of the approval by a
majority of the voters as herein prescribed. A copy of the
resolution duly certified by the clerk shall be admissible in
evidence in any suit, action or proceeding.
Laws 1965, c. 251, § 5; Laws 1967, c. 339, § 2; Laws 1969, c. 281, §
2, emerg. eff. April 25, 1969.
§63-1055.1. Certain housing authorized to use state controlled
communication towers.
Any city, county, Rural Electric Cooperative or Indian housing
authority created pursuant to Sections 1055 and 1057 of Title 63 of
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the Oklahoma Statutes is hereby authorized subject to approval of the
state agency controlling such communication towers to use state
controlled communication towers; provided such use shall meet
engineering specifications to ensure that such towers shall not be
damaged or the purpose of such towers shall not be interfered with.
Added by Laws 1986, c. 94, § 1.
§63-1056. Petitions and elections to discontinue the construction of
additional public housing projects.
A. 1. Upon the filing of a petition by five percent (5%) of the
qualified voters of the city or county, as the case may be, asserting
there is need for limiting an authority to its existing operations
and prohibiting such authority from engaging in additional projects
or additions to existing projects, or upon its own motion, the
governing body of that city or county, as the case may be, shall call
an election of the qualified voters residing in the area of the
authority for the purpose of deciding whether or not the authority
shall be limited to its existing operations and prohibited from
engaging in additional projects or additions to existing projects.
2. The date for such election shall be set by the governing body
by resolution; provided, that such election shall be held not less
than eight (8) weeks nor more than twelve (12) weeks after the date
such petition is filed.
B. If a protest to such petition is filed, the burden of proving
the insufficiency of such petition shall be upon the protestants.
The hearing on such protest shall be held and the protest decided by
the governing body within four (4) weeks after the filing thereof.
C. 1. At such election the question before the voters shall be:
Shall the Public Housing Authority of ___________ be limited to
its existing operations and prohibited from engaging in additional
projects or making additions to existing projects?
( ) YES
( ) NO
2. The question shall be decided by a majority of those voting
thereon.
D. The authority shall be limited to its existing operations and
prohibited from engaging in additional projects or additions to
existing projects upon certification that a majority of those voting
thereon have voted in the affirmative.
E. 1. If an authority has been so limited and prohibited as a
result of such an election the filing of a petition by five percent
(5%) of the qualified voters of the city or county, as the case may
be, asserting that there is a need for restoring the power of an
authority to engage in additional projects and additions to existing
projects, the governing body shall, by resolution, call an election
of the qualified voters residing in the area of the authority for the
purpose of deciding whether such power shall be restored.
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2. Such election shall be held not less than eight (8) weeks nor
more than twelve (12) weeks after the date such petition is filed.
3. If a protest to such petition is filed, the burden of proving
the insufficiency of such petition shall be upon the protestants.
The hearing on such protest shall be held and the protest decided by
the governing body within four (4) weeks after the filing thereof.
4. At such election the question before the voters shall be:
a. Shall the power of the Public Housing Authority of
______ to engage in additional projects and to make
additions to existing projects be restored?
( ) YES
( ) NO
b. The question shall be decided by a majority of those
voting thereon.
F. No election under subsection C or E of this section shall be
called or held within twelve (12) months after the last election
thereunder.
G. A public housing authority whose powers have been limited by
an election held pursuant to this section prior to November 1, 1998,
shall have its powers fully restored by operation of law if a period
of at least fifteen (15) years has elapsed from the date the election
results were certified.
Added by Laws 1965, c. 251, § 6, emerg. eff. June 18, 1965. Amended
by Laws 1998, c. 99, § 1, eff. Nov. 1, 1998.
§63-1057. Creation of Indian housing authorities – Transfer of
management and control.
A. There is hereby created, with respect to each Indian tribe,
band, or nation in the state, a public body corporate and politic, to
function in the operating area of each Indian tribe, band, or nation
to be known as the "housing authority" of the Indian tribe, band, or
nation. The Indian housing authority shall be an agency of the State
of Oklahoma, possessing all powers, rights, and functions herein
specified for city and county authorities created pursuant to this
act. The Indian housing authority shall not transact any business
nor exercise its powers hereunder until or unless the governing
council of the tribe, band, or nation, as the case may be, by proper
resolution, declares that there is a need for a housing authority to
function for the tribe, band, or nation.
B. Except as otherwise provided in this act, all the provisions
of law applicable to housing authorities created for cities and
counties and the commissioners of such authorities shall be
applicable to Indian housing authorities and commissioners, unless a
different meaning clearly appears from the context. The Chief or
other governing head of an Indian tribe, band, or nation is hereby
authorized to exercise all appointing and other powers with respect
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to an Indian housing authority that are vested by this act in the
mayor of a city relating to a city housing authority.
C. The Oklahoma Legislature finds that, under the authority of
this section, state agency Indian housing authorities may be operated
in the area of federally recognized Indian tribes, bands and nations
in this state, upon proper resolution declaring that there is a need
for a housing authority to function in the operating area of the
tribe, band or nation. State agency Indian housing authorities are
funded exclusively with federal funds designated for the purpose of
providing housing in the area of the tribe, band or nation for whose
benefit the housing authority was established. The state agency
Indian housing authorities are managed by tribal members appointed by
the governing head of the tribe. At the time that state agency
Indian housing authorities were authorized to operate for the benefit
of the tribe, band or nation, the tribes, bands and nations were not
eligible to receive federal funding for housing purposes. Federally
recognized Indian tribes, bands and nations are now eligible to
receive federal funding for housing purposes and many have received
federal funds, and many have created tribal housing authorities for
the purpose of providing housing for their tribal members. In the
exercise of their sovereign powers, some tribes, bands and nations
desire or may in the future desire to undertake the control and
management of the state agency Indian housing authorities created for
their benefit and to assume all the assets and liabilities, while
other tribes, bands or nations may wish to consolidate the state
agency Indian housing authority created or which may be created for
their benefit into tribal housing programs. In the interest of the
sovereign power of federally recognized Indian tribes, economy of
efforts, and the maintenance of cooperative relationships between the
state and federally recognized Indian tribes, and in light of the
above findings, the state hereby authorizes any federally recognized
Indian tribe, band or nation for whose benefit a state agency housing
authority was or may be created, to assume management and control of
the state agency Indian housing authority and all its assets, as
provided in this section.
D. Any federally recognized Indian tribe, band or nation for
whose benefit a state agency housing authority has been or will be
created is hereby empowered to undertake the management and control
of the program of the state agency upon:
1. The assumption of all present and future liabilities of the
state agency housing authority;
2. The acceptance of all assets of the state agency housing
authority;
3. Upon agreeing to continue to operate a housing authority or
program; and
4. Upon entering into local cooperative agreements for payments
in lieu of taxes in an amount that is not more than the amount
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authorized under the Native American Housing Assistance and Self-
Determination Act and rules implementing the act.
E. The governing body of any federally recognized Indian tribe,
band or nation may exercise the power to undertake management and
control of the state agency Indian housing authority created for its
benefit by adopting an ordinance or resolution to undertake
management and control. The resolution or ordinance shall provide
that the tribe, band or nation will assume all the assets and all the
liabilities of the state agency Indian housing authority and agrees
to continue to operate the housing program for the benefit of its
members, and will enter into local cooperative agreements with
payments in lieu of taxes as required in paragraph 4 of subsection D
of this section and in accordance with Section 1066 of this title.
F. Upon the filing of a resolution or ordinance as provided for
in subsection E of this section with the office of the Secretary of
State, the Oklahoma Attorney General, and the office of the county
clerk in the county in which any land being transferred is located,
the management and control of the state agency Indian housing
authority created for the tribe, band or nation, together with the
ownership of all housing authority assets and liabilities shall
transfer to the tribe, band or nation, and the state agency Indian
housing authority for that tribe, band or nation shall cease to
exist. No further action on the state’s part is necessary to
transfer title of all state agency Indian housing authority real
property to the tribe, band or nation. The filing of a copy of this
statute, a certified copy of the required resolution or ordinance and
the legal description of the land(s) shall transfer title. The land
so transferred, until transferred to the ownership of individual
tribal members, is declared to be used for charitable purposes and to
be public property used for essential public and governmental
purposes. The property shall be exempt from ad valorem taxes, as
long as the tribe, band or nation continues to make the in lieu of
tax payments as required in this section.
Added by Laws 1965, c. 251, § 7, emerg. eff. June 18, 1965. Amended
by Laws 2010, c. 172, § 1, emerg. eff. April 26, 2010.
§63-1058. Appointment, qualifications, tenure and meetings of
authority commissioners.
A. When a housing authority is authorized to transact business
and exercise powers hereunder, five (5) persons shall be appointed as
commissioners of the authority as follows:
1. In the case of a city, by the mayor with the advice and
consent of the governing body; or
2. In the case of a county, by the board of county
commissioners, and at least one of the persons so appointed shall be
a tenant in a housing project under the jurisdiction of such
authority. The term of office of each commissioner shall be for
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three (3) years, except that of the commissioners first appointed one
shall serve for a term of one (1) year and two shall serve for terms
of two (2) years. All vacancies shall be filled for the unexpired
term. Each commissioner shall qualify by taking the official oath of
office prescribed by statute or ordinance for elected officials of
the county or city, as the case may be.
B. A commissioner shall receive no compensation for his
services, but may be entitled to the necessary expenses, including
traveling expenses, incurred in the discharge of his duties or,
except as otherwise provided in this subsection, receive a per diem
payment of not to exceed Thirty-five Dollars ($35.00) plus mileage as
provided by the State Travel Reimbursement Act, Section 500.1 et seq.
of Title 74, for expenses incurred in attending meetings of the
housing authority. An Indian housing authority or the tribal
government the authority serves may elect to set a different monetary
amount for per diem and mileage payments than specified in this
subsection for the commissioners of that Indian housing authority.
Each commissioner shall hold office until his successor has been
appointed and qualified. A certificate of appointment or
reappointment of any commissioner shall be filed with the authority
and this certificate shall be conclusive evidence of the due and
proper appointment of the commissioner.
C. The powers of each authority shall be vested in the
commissioners thereof in office from time to time. A majority of the
commissioners of an authority shall constitute a quorum for the
purpose of conducting its business and exercising its powers and for
all other purposes, notwithstanding the existence of any vacancies.
Action may be taken by the authority upon a vote of a majority of the
commissioners present, unless in any case the bylaws of the authority
shall require a larger number. Meetings of the commissioners of an
authority may be held anywhere within the area of operation of the
authority or within any additional area in which the authority is
authorized to undertake a project. Such meetings shall be held
pursuant to the provisions of the Open Meeting Act, Section 301 et
seq. of Title 25 of the Oklahoma Statutes.
D. The commissioners of an authority shall elect a chairman and
vice chairman from among the commissioners. An authority may employ
an executive director, legal and technical experts and such other
officers, agents and employees, permanent and temporary, as it may
require, and shall determine their qualifications, duties and
compensation. An authority may delegate to one or more of its agents
or employees such powers or duties as it may deem proper.
Added by Laws 1965, c. 251, § 8, emerg. eff. June 18, 1965. Amended
by Laws 1967, c. 339, § 3; Laws 1974, c. 97, § 1; Laws 1977, c. 254,
§ 1; Laws 1982, c. 305, § 1, emerg. eff. May 28, 1982; Laws 1987, c.
34, § 1, eff. Nov. 1, 1987; Laws 2008, c. 62, § 2, emerg. eff. April
21, 2008.
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§63-1059. Interest of commissioners, officers, or employees.
A. During his tenure and for one (1) year thereafter, no
commissioner, officer, or employee of the local housing authority
shall voluntarily acquire any interest, direct or indirect, in any
project or in any property included or planned to be included in any
project, or in any contract or proposed contract relating to any
housing project. If any such commissioner, officer, or employee
involuntarily acquired any such interest, or voluntarily or
involuntarily acquired any such interest prior to appointment or
employment as commissioner, officer, or employee, the commissioner,
officer, or employee, in any such event, shall immediately disclose
his interest in writing to the authority, and such disclosure shall
be entered upon the minutes of the authority, and the commissioner,
officer, or employee shall not participate in any action by the
authority relating to the property or contract in which he has any
such interest. Any violation of the foregoing provisions of this
section shall constitute misconduct in office. This section shall
not be applicable to the acquisition of any interest in notes or
bonds of an authority issued in connection with any housing project,
or to the execution of agreements by banking institutions for the
deposit or handling of funds in connection with a project or to act
as trustee under any trust indenture, or to utility services the
rates for which are fixed or controlled by a governmental agency.
B. Nothing in this section shall be construed to apply to the
housing authority commissioner who is a tenant.
Amended by Laws 1988, c. 233, § 4, operative July 1, 1988.
§63-1060. Removal of commissioners.
For inefficiency, neglect of duty or misconduct in office, or
allowing any portion of any project to become dilapidated, unsanitary
or unkept, a commissioner of an authority may be removed by the
governing body, or, in the case of an authority for a county, by the
board of county commissioners, but a commissioner shall be removed
only after a hearing and after he shall have been given a copy of the
charges at least ten (10) days prior to the hearing and had an
opportunity to be heard in person or by counsel. In the event of the
removal of any commissioner, a record of the proceedings, together
with the charges and findings thereon, shall be filed in the office
of the clerk.
Laws 1965, c. 251, § 10, emerg. eff. June 18, 1965.
§63-1061. Power of authority.
Every authority shall have all powers necessary or convenient to
carry out and effectuate the purposes and provisions of this act,
including the following powers in addition to others herein
specifically granted:
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(a) To sue and to be sued; to have a seal and to alter the same
at pleasure; to have perpetual succession; to make and execute
contracts and other instruments necessary or convenient to the
exercise of the powers of the authority; and to make and from time to
time amend and repeal bylaws, rules and regulations.
(b) Within its area of operation: to prepare, carry out and
operate projects and to provide for the acquisition, construction,
reconstruction, improvement, extension, alteration or repair of any
project or any part thereof. Provided, however, that a public
hearing to consider a proposed project requiring construction,
purchasing, leasing or renting of more than twenty new housing units
shall be held together by the authority and governing body, and any
such project must be found to be in the public interest by a majority
of the members constituting said authority and a majority of the
members constituting said governing body as a condition precedent to
the implementation of any such project. Notice of the public hearing
required by this provision shall be given by publication in a
newspaper of general circulation within the jurisdiction of the
authority at least ten (10) days and not more than thirty (30) days
prior to said hearing; provided that an additional public hearing
shall be held by the authority before the same shall select any
location for any contiguous or noncontiguous area of land on which
the authority proposes to construct more than twenty additional new
housing units, and such hearing shall have as its subject the
location of the proposed additional units. Notice of the public
hearing required by this provision shall be given in a newspaper of
general circulation within the jurisdiction of the authority at least
ten (10) days and not more than thirty (30) days prior to said
hearing and three members of the Commission must concur in the
selection of any such location, except that the aforesaid proviso
concerning an additional public hearing shall not apply to a location
in an approved urban renewal project area.
(c) To undertake and carry out studies and analyses of housing
needs within its area of operation and ways of meeting such needs,
including data with respect to population and family groups and the
distribution thereof according to income groups, the amount and
quality of available housing and its distribution according to rental
and sale prices, employment, wages and other factors affecting the
local housing needs and the meeting thereof, and to make the results
of such studies and analyses available to the public and the
building, housing and supply industries; and to engage in research
and disseminate information on housing and slum clearance.
(d) To utilize, contract with, act through, assist and cooperate
or deal with any person, agency, institution or organization, public
or private, for the provision of services, privileges, works or
facilities for or in connection with its projects; and,
notwithstanding anything to the contrary contained in this act or in
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any other provision of law, to agree to any conditions attached to
federal financial assistance relating to the determination of
prevailing salaries or wages or payment of not less than prevailing
salaries or wages or compliance with labor standards, in the
development or administration of projects, and to include in any
contract awarded or entered into in connection with a project
stipulations requiring that the contractor and all subcontractors
comply with requirements as to minimum salaries or wages and maximum
hours of labor, and comply with any conditions attached to the
financial aid of the project. Construction, restitution,
improvement, extension, alteration or major repair of any project or
any part thereof shall be open to competitive bidding: provided,
however, nothing in this section shall prevent a local housing
authority from requesting proposals from property owners and/or
developers to provide certain kinds of housing to the housing
authority either presently existing or to be developed; provided,
that the local authority establish safeguards relating to laws and
regulations of the United States wherein the same has entered into
contracts with the authority to provide financial assistance in
acquiring the same; provided, further, that no authority shall
discriminate in its seeking, or in the award, of any contract for
services, acquisition of real or personal property, construction of
buildings, dwelling units, streets, utilities, site grading,
landscaping and repairs to any of its holdings or upon property that
the authority plans to acquire, to include renovations, solely based
on the race, sex, color, religious beliefs or national origin of a
person or firm; except an Indian authority may give preference in its
awarding of a contract in all forms so long as the services to be
performed, or the construction of buildings, dwellings, site
improvements, repairs or renovation is to be performed or carried out
on a federally recognized tribal reservation or former reservations
and only then upon land held in trust by, or owned by, the respective
Indian tribe; and provided, further, that all previously listed
restrictions and regulations concerning public hearings and locations
of said projects are complied with in their entirety.
(e) To lease, rent, sell or lease with option to purchase any
dwelling, accommodations, lands, buildings, structures or facilities
embraced in any project and, subject to the limitations contained in
this act with respect to the rental of or charges for dwellings in
housing projects, to establish and revise the rents or charges
therefor; to own, hold and improve real or personal property; to
purchase, lease, obtain options upon, acquire by gift, grant,
bequest, devise or otherwise any real or personal property or any
interest therein; to acquire by the exercise of the power of eminent
domain any real property or interest therein; to sell, lease,
exchange, transfer, assign, pledge or dispose of any real or personal
property or any interest therein, provided, however, that before any
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such personal property shall be sold it shall be advertised for sale
in a newspaper of general circulation within the jurisdiction of the
authority, and such advertisement shall state the time and place
where written bids shall be received, or public auction shall be
held, that such property shall be sold to the highest bidder, and
that the authority may, within its discretion, reject all bids and
readvertise such property for sale in the event any property, real or
personal, acquired by the authority, by eminent domain or otherwise,
is later found to be in excess of its needs, or unsuitable or
unuseable for any reason, such property shall, before being sold,
leased, exchanged, transferred, assigned, pledged or disposed of in
any other manner, be first offered to those persons, individuals,
groups, organizations, corporations, municipalities or their
successors from whom it was first procured by the authority, at the
same price as paid by the authority at the time of acquiring same,
and except that lands acquired by the authority may be sold to other
governmental agencies for public purposes, as long as such parcel of
land does not exceed one percent (1%) of the total land held by the
authority and the sale is made within ninety (90) days of the
effective date of this act; to make loans for the provisions of
housing for occupancy by persons of low income; to insure or provide
for the insurance of any real or personal property or operations of
the authority against any risks or hazards; to procure or agree to
the procurement of government insurance or guarantees of the payment
of any bonds or parts thereof issued by the authority, including the
power to pay premiums on any such insurance; provided, however, that
notwithstanding any provisions in this law, the authority may develop
programs for the sale of individual homes and/or two-family units to
low income families or to families who have at one time qualified as
low income families under this act, under terms which the housing
authority may establish under conditions acceptable to bondholders,
other lenders and the federal government.
(f) To invest any funds held in reserves or sinking funds or any
funds not required for immediate disbursement in property or
securities in which public funds in the custody of a county treasurer
or the Treasurer of the State of Oklahoma may be legally invested; to
redeem its bonds at the redemption price established therein or to
purchase its bonds at less than such redemption price, all bonds so
redeemed or purchased to be cancelled.
(g) Within its area of operation: to determine where slum areas
exist or where there is unsafe, unsanitary or overcrowded housing; to
make studies and recommendations relating to the problem of clearing,
replanning and reconstruction of slum areas and the problem of
eliminating unsafe, unsanitary or overcrowded housing and providing
dwelling accommodations for persons of low income; and to cooperate
with the state or any state public body in action taken in connection
with such problems. Provided, however, the authority shall not have
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the power to relocate any persons to other areas until housing has
been provided for such persons under this act.
(h) Acting through one or more commissioners or other persons
designated by the authority: to conduct examinations and
investigations and to hear testimony and take proof under oath at
public hearings on any matter material for its information; to
administer oaths, issue subpoenas requiring the attendance of
witnesses or the production of books and papers and to issue
commissions for the examination of witnesses who are outside of the
state or unable to attend before the authority, or excused from
attendance; to make available to appropriate agencies, including
those charged with the duty of abating or requiring the correction of
nuisances or like conditions or of demolishing unsafe or unsanitary
structures within its area of operation, its findings and
recommendations with regard to any building or property where
conditions exist which are dangerous to the public health, morals,
safety or welfare.
(i) To exercise all or any part or combination of powers herein
granted.
The powers of an authority shall not include: (1) the power to
appropriate funds of a city or county; (2) the power to levy taxes
and assessments; (3) the power to zone or rezone; or (4) the power to
make exceptions to zoning ordinances or building regulations of a
city or county.
No provision by law with respect to the acquisition, operation or
disposition of property by other public bodies shall be applicable to
an authority unless the Legislature shall specifically so state.
Amended by Laws 1982, c. 305, § 2, emerg. eff. May 28, 1982.
§63-1062. Operation of housing not for profit.
It is hereby declared to be the policy of this state to
accomplish the charitable and public purposes of this act that each
authority shall manage and operate its housing projects in an
efficient manner so as to enable it to fix the rentals or payments
for dwelling accommodations at low rates consistent with its
providing decent, safe and sanitary dwelling accommodations for
persons of low income and that no authority shall construct or
operate any housing project for profit, or as a source of revenue to
the city or county. To this end an authority shall fix the rentals
or payments for dwellings in its projects at no higher rates than it
shall find to be necessary in order to produce revenues which,
together with all other available monies, revenues, income and
receipts of the authority from whatever sources derived, including
Federal financial assistance necessary to maintain the low-rent
character of the project, will be sufficient:
(a) to pay, as the same become due, the principal and interest on
the bonds of the authority;
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(b) to create and maintain such reserves as may be required to
assure the payment of principal and interest as it becomes due on its
bonds;
(c) to meet the cost of, and to provide for, maintaining and
operating the projects, including necessary reserves therefor and the
cost of any insurance, and the administrative expenses of the
authority; and
(d) to make such payments in lieu of taxes and, after payment in
full of all obligations for which federal annual contributions are
pledged, to make such repayments of federal and local contributions
as it determines are consistent with the maintenance of the low-rent
character of projects.
Rentals or payments for dwellings shall be established and the
projects administered, insofar as possible, so as to assure that any
federal financial assistance required shall be strictly limited to
amounts and periods necessary to maintain the low-rent character of
the projects. Nothing herein shall be construed to limit the amount
an authority may charge for nondwelling facilities. All such income,
together with other income and revenue, shall be used in the
operation of the projects to aid in accomplishing the charitable and
public purposes of this act.
Laws 1965, c. 251, § 12, emerg. eff. June 18, 1965.
§63-1063. Tenant eligibility.
An authority shall issue regulations establishing eligibility
requirements, consistent with the purposes and objectives of this
act, for admission to and continued occupancy in its projects.
Nothing contained in this or the preceding section shall be
construed as limiting the power of an authority with respect to a
housing project, to vest in an obligee the right, in the event of a
default by the authority, to take possession or cause the appointment
of a receiver thereof, free from all of the restrictions imposed by
this or the preceding section.
Laws 1965, c. 251, § 13, emerg. eff. June 18, 1965.
§63-1064. Cooperation between authorities.
Any two or more authorities may join or cooperate with one
another in the exercise, either jointly or otherwise, of any or all
of their powers for the purpose of financing, including the issuance
of bonds, notes or other obligations and giving security therefor,
planning, undertaking, owning, constructing, operating or contracting
with respect to a housing project or projects located within the area
of operation of any one or more of said housing authorities. For
such purpose a housing authority may by resolution prescribe and
authorize any other housing authority or authorities, so joining or
cooperating with it, to act on its behalf with respect to any or all
powers, as its agent or otherwise, in the name of the housing
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authority or authorities so joining or cooperating, or in its own
name.
Laws 1965, c. 251, § 14, emerg. eff. June 18, 1965.
§63-1065. Dwellings for disaster victims and defense workers.
Notwithstanding the provisions of this or any other act relating
to rentals of, preferences or eligibility for admission to, or
occupancy of dwellings in housing projects, during a time of war as
declared by Congress an authority determines that there is an acute
need for housing to assure the availability of dwellings for persons
engaged in national defense activities or for victims of a major
disaster at any time the same may occur, the authority may undertake
the development and administration of housing projects for the
federal government, and dwellings in any housing project under the
jurisdiction of the authority may be made available to persons
engaged in national defense activities or to victims of a Major
disaster, as the case may be. An authority is authorized to contract
with the federal government or the state or a state public body for
advance payment or reimbursement for the furnishing of housing to
victims of a major disaster, including the furnishing of the housing
free of charge to needy disaster victims during any period covered by
a determination of acute need by the authority as herein provided.
Laws 1965, c. 251, § 15; Laws 1967, c. 339, § 6.
§63-1066. Tax exemption and payments in lieu of taxes.
The property and funds of a housing authority are declared to be
used for charitable purposes and to be public property used for
essential public and governmental purposes, and such property and the
authority are exempt from all taxes, including sales and use taxes
and special assessments of the state or any state or local public
body. In lieu of taxes on its property an authority shall agree to
make such payments to the state or any state or local public body as
the governing body of the city or county finds consistent with the
maintenance of the low-rent character of housing projects and the
achievement of the purposes of this act, provided that not less than
one-half (1/2) of the annual amount of such payment in lieu of taxes
shall be paid to the school district within which the property of the
housing authority is located. The amount of money collected under
the provisions of this act shall not be considered as chargeable
income to the district receiving such funds. The tax exemption
provided by this section does not apply to any portion of a project
used by a profit-making enterprise, but in taxing such portions
appropriate allowance shall be made for any expenditure by an
authority for utilities or other public services which it provides to
serve the property.
Laws 1965, c. 251, § 16; Laws 1969, c. 341, § 1, emerg. eff. May 8,
1969.
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§63-1067. Planning, zoning and building laws.
All projects of an authority shall be subject to the planning,
zoning, sanitary and building laws, ordinances and regulations
applicable to the locality in which the project is situated.
Laws 1965, c. 251, § 17, emerg. eff. June 18, 1965.
§63-1068. Bonds.
An authority shall have power to issue bonds from time to time,
in its discretion, for any of its corporate purposes. It shall also
have power to issue refunding bonds for the purpose of paying or
retiring bonds previously issued by it. An authority may issue such
types of bonds as it may determine, including, without limiting the
generality of the foregoing, bonds on which the principal and
interest are payable:
(a) exclusively from the income and revenues of the project
financed with the proceeds of such bonds;
(b) exclusively from the income and revenues of certain
designated projects whether or not they are financed in whole or in
part with the proceeds of such bonds; or
(c) from its revenues generally.
Any such bonds may be additionally secured by a pledge of any loan,
grant, or contributions, or parts thereof, from the federal
government or other source, or a pledge of any income or revenues of
the authority.
Neither the members of an authority nor any person executing the
bonds shall be liable personally on the bonds by reason of the
issuance thereof. The bonds and other obligations of an authority,
and such bonds and obligations shall so state on their face, shall
not be a debt of the city or county, or of the state or any political
subdivision thereof, and neither the city or county nor the state or
any political subdivision thereof shall be liable thereon, and in no
event shall such bonds or obligations be payable out of any funds or
properties other than those of the authority. The bonds shall not
constitute an indebtedness within the meaning of any constitutional
or statutory debt limitation or restriction. Bonds of an authority
are declared to be issued for an essential public and governmental
purpose and to be public instrumentalities and, together with
interest thereon and income therefrom, shall be exempt from taxes.
The provisions of this act exempting from taxation the properties of
an authority and its bonds and interest thereon and income therefrom
shall be considered part of the contract for the security of the
bonds and shall have the force of contract, by virtue of this act and
without the necessity of the same being restated in said bonds,
between the bondholders and each and every one thereof, including all
transferees of said bonds from time to time on the one hand and an
authority and the state on the other.
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Laws 1965, c. 251, § 18, emerg. eff. June 18, 1965.
§63-1069. Form and sale of bonds.
Bonds of an authority shall be authorized by its resolution and
may be issued in one or more series and shall bear such date or
dates, mature at such time or times, bear interest at such rate or
rates, not exceeding six percent (6%) per annum, be in such
denomination or denominations, be in such form either coupon or
registered, carry such conversion or registration privileges, have
such rank or priority, be executed in such manner, be payable in such
medium of payment, at such place or places, and be subject to such
terms of redemption, with or without premium, as such resolution or
its trust indenture may provide.
The bonds must be sold at public sale at not less than par. Bonds
of the authority shall not be purchased by members of the authority
or its employees or members of their immediate families.
In case any of the members or officers of an authority whose
signatures appear on any bonds or coupons shall cease to be such
members or officers before the delivery of such bonds, such
signatures shall, nevertheless, be valid and sufficient for all
purposes, the same as if such members or officers had remained in
office until such delivery. Any provision of any law to the contrary
notwithstanding, any bonds issued pursuant to this act shall be fully
negotiable.
In any suit, action or proceeding involving the validity or
enforceability of any bond of an authority or the security therefor,
any such bond reciting in substance that it has been issued by the
authority to aid in financing a project, as herein defined, shall be
conclusively deemed to have been issued for such purposes and such
project shall be conclusively deemed to have been planned, located
and carried out in accordance with the purposes and provisions of
this act.
Laws 1965, c. 251, § 19; Laws 1968, c. 254, § 1; Laws 1969, c. 341, §
2, emerg. eff. May 8, 1969.
§63-1070. Provisions of bonds and trust indentures.
In connection with the issuance of bonds or the incurring of
obligations under leases and in order to secure the payment of such
bonds or obligations, an authority, in addition to its other powers,
shall have power:
(a) to pledge all or any part of its gross or net rents, fees or
revenues to which its right then exists or may thereafter come into
existence.
(b) to covenant against pledging all or any part of its rents,
fees and revenues, or against permitting or suffering any lien on
such revenues or property; to covenant with respect to limitations on
its right to sell, lease or otherwise dispose of any housing project
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or any part thereof; and to covenant as to what other or additional
debts or obligations may be incurred by it.
(c) to covenant as to the bonds to be issued and as to the
issuance of such bonds in escrow or otherwise, and as to the use and
disposition of the proceeds thereof; to provide for the replacement
of lost, destroyed, or mutilated bonds; to covenant against extending
the time for the payment of its bonds or interest thereon; and to
covenant for the redemption of the bonds and to provide the terms and
conditions thereof.
(d) to covenant, subject to the limitations contained in this
act, as to the rents and fees to be charged in the operation of a
housing project or projects, the amount to be raised each year or
other period of time by rents, fees, and other revenues, and as to
the use and disposition to be made thereof; to create or to authorize
the creation of special funds for monies held for construction or
operating costs, debt service, reserves, or other purposes, and to
covenant as to the use and disposition of the monies held in such
funds.
(e) to prescribe the procedure, if any, by which the terms of any
contract with bondholders may be amended or abrogated, the proportion
of outstanding bonds the holders of which must consent to such
action, and the manner in which such consent may be given.
(f) to covenant as to the use, maintenance, and replacement of
any or all of its real or personal property, the insurance to be
carried thereon and the use and disposition of insurance monies.
(g) to covenant as to the rights, liabilities, powers and duties
arising upon the breach by it of any covenant, condition, or
obligations; and to covenant and prescribe as to events of default
and terms and conditions upon which any or all of its bonds or
obligations shall become or may be declared due before maturity, and
as to the terms and conditions upon which such declaration and its
consequences may be waived.
(h) to vest in any obligee of the authority or any specified
proportion of them the right to enforce the payment of the bonds or
any covenants securing or relating to the bonds; to vest in such
obligees the right, in the event of a default by said authority, to
take possession of and use, operate and manage any project or any
part thereof or any funds connected therewith, and to collect the
rents and revenues arising therefrom and to dispose of such monies in
accordance with the agreement of the authority with such obligees; to
provide for the powers and duties of such obligees and to limit the
liabilities thereof; and to provide the terms and conditions upon
which such obligees may enforce any covenant or rights securing or
relating to the bonds.
(i) to exercise all or any part or combination of the powers
herein granted; to make such covenants, other than and in addition to
the covenants herein expressly authorized, and to do any and all such
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acts and things as may be necessary or convenient or desirable in
order to secure its bonds, or, in the absolute discretion of said
authority, as will tend to make the bonds more marketable
notwithstanding that such covenants, acts or things may not be
enumerated herein.
Laws 1965, c. 251, § 20, emerg. eff. June 18, 1965.
§63-1071. Housing bonds, legal investments and security.
The state and all public officers, private citizens, municipal
corporations, political subdivisions, and public bodies, all banks,
bankers, trust companies, savings banks and institutions, building
and loan associations and savings and loan associations, investment
companies, insurance companies, insurance associations and other
persons carrying on a banking or insurance business, and all
executors, administrators, guardians, trustees and other fiduciaries
may legally invest any monies or funds belonging to them or within
their control in any bonds or other obligations issued by a housing
authority created by the Housing Authorities Law of this state or
issued by any public housing authority or agency in the United
States, any of its territories, the District of Columbia, Puerto
Rico, Guam, or the Virgin Islands, when such bonds or other
obligations are secured by a pledge of annual contributions or other
financial assistance to be paid by the United States Government or
any agency thereof, or when such bonds or other obligations are
secured by an agreement between the United States Government or any
agency thereof and the public housing authority or agency in which
the United States Government or any agency thereof agrees to lend to
the public housing authority or agency, prior to the maturity of the
bonds or other obligations, monies in an amount which (together with
any other monies irrevocably committed to the payment of interest on
the bonds or other obligations) will suffice to pay the principal of
the bonds or other obligations with interest to maturity, which
monies under the terms of the agreement are required to be used for
this purpose, and such bonds and other obligations shall be
authorized security for all public deposits and shall be fully
negotiable in this state; it being the purpose of this section to
authorize any of the foregoing to use any funds owned or controlled
by them, including (but not limited to) sinking, insurance,
investment, retirement, compensation, pension and trust funds, and
funds held on deposit, for the purchase of any such bonds or other
obligations: Provided, however, that nothing contained in this
section shall be construed as relieving any person, firm or
corporation from any duty of exercising reasonable care in selecting
securities. The provisions of this section shall apply
notwithstanding any restrictions on investments contained in other
laws.
Laws 1965, c. 251, § 21, emerg. eff. June 18, 1965.
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§63-1072. Construction of bond provisions.
This act without reference to other statutes of the state shall
constitute full authority for the authorization and issuance of bonds
hereunder. No other law with regard to the authorization or issuance
of obligations or the deposit of the proceeds thereof that requires a
bond election or in any way impedes or restricts the carrying out of
the acts herein authorized to be done shall be construed as applying
to any proceedings taken hereunder or acts done pursuant hereto.
Added by Laws 1965, c. 251, § 22, emerg. eff. June 18, 1965.
§63-1073. Remedies of an obligee.
An obligee of an authority shall have the right, in addition to
all other rights which may be conferred on such obligee, subject only
to any contractual restrictions binding upon such obligee:
(a) by mandamus, suit, action or proceeding at law or in equity,
to compel an authority and the commissioners, officers, agents or
employees thereof to perform each and every term, provision and
covenant contained in any contract of the authority with or for the
benefit of such obligee, and to require the carrying out of any or
all such covenants and agreements of the authority and the
fulfillment of all duties imposed upon it by this act.
(b) by suit, action or proceeding in equity, to enjoin any acts
or things which may be unlawful, or the violation of any of the
rights of an obligee of the authority.
Laws 1965, c. 251, § 23, emerg. eff. June 18, 1965.
§63-1074. Additional remedies conferrable by the authority.
An authority shall have power, by its resolution, trust
indenture, lease or other contract, to confer upon any obligee the
right, in addition to all rights that may otherwise be conferred,
upon the happening of an event of default as defined in such
resolution or instrument, by suit, action or proceeding in any court
of competent jurisdiction:
(a) to cause possession of any project or any part thereof to be
surrendered to any such obligee.
(b) to obtain the appointment of a receiver of any project of the
authority or any part thereof and of the rents and profits therefrom.
if such receiver be appointed, he may enter and take possession of
such project or any part thereof and operate and maintain same, and
collect and receive all fees, rents, revenues, or other charges
thereafter arising therefrom, and shall keep such monies in a
separate account or accounts and apply the same in accordance with
the obligations of the authority as the court shall direct.
(c) to require the authority and the commissioners, officers,
agents and employees thereof to account as if it and they were the
trustees of an express trust.
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Laws 1965, c. 251, § 24, emerg. eff. June 18, 1965.
§63-1075. Exemption of property from execution sale.
All property, including funds acquired or held by an authority
pursuant to this act, shall be exempt from levy and sale by virtue of
an execution, and no execution or other judicial process shall issue
against the same nor shall any judgment against the authority be a
charge or lien upon such property; provided, however, that the
provisions of this section shall not apply to or limit the right of
obligees to pursue any remedies for the enforcement of any pledge or
lien given by the authority on its rents, fees, or revenues, or the
right of the federal government to pursue any remedies conferred upon
it pursuant to the provisions of this act. An authority may waive
its exemption hereunder with respect to claims against any profit-
making enterprise occupying any portion of a project provided that
such waiver does not affect or impair the rights of any obligee of
the authority.
Laws 1965, c. 251, § 25, emerg. eff. June 18, 1965.
§63-1076. Aid from federal government.
In addition to the powers conferred upon an authority by other
provisions of this act, an authority is empowered to borrow money or
accept contributions, grants, or other financial assistance from the
federal government for or in aid of any project or related activities
concerning health, environmental and similar problems of persons of
low income, to take over or lease or manage any project or
undertaking constructed or owned by the federal government and, to
these ends, to comply with such conditions and enter into such
contracts, covenants, trust indentures, leases or agreements as may
be necessary, convenient or desirable. It is the purpose and intent
of this act to authorize any authority to do any and all things
necessary or desirable to secure the financial aid or cooperation of
the federal government in the provision of decent, safe, and sanitary
dwellings and maintaining a wholesome living environment for persons
of low income by the authority. To accomplish this purpose an
authority, notwithstanding the provisions of any other law, may
include in any contract for financial assistance with the federal
government any provisions which the federal government may require as
conditions to its financial aid not inconsistent with the purposes of
this act.
Laws 1965, c. 251, § 26, emerg. eff. June 18, 1965.
§63-1077. Transfer of possession or title to federal government.
In any contract with the federal government for annual
contributions to any authority the authority may obligate itself,
which obligation shall be specifically enforceable and shall not
constitute a mortgage, notwithstanding any other laws, to convey to
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the federal government possession of or title to the project to which
such contract relates, upon the occurrence of a substantial default,
as defined in such contract, with respect to the covenants and
conditions to which the authority is subject; such contract may
further provide that in case of such conveyance, the federal
government may complete, operate, manage, lease, convey, or otherwise
deal with the project and funds in accordance with the terms of such
contract; provided, that the contract requires that, as soon as
practicable after the federal government is satisfied that all
defaults with respect to the project have been cured and that the
project will thereafter be operated in accordance with the terms of
the contract, the federal government shall reconvey to the authority
the project as then constituted.
Laws 1965, c. 251, § 27, emerg. eff. June 18, 1965.
§63-1078. Eminent domain.
An authority shall have the right to acquire by the exercise of
the power of eminent domain any real property or interest therein
which it may deem necessary for its purposes under this act after the
adoption by it of a resolution declaring that the acquisition of the
real property described therein is necessary for such purposes. An
authority may exercise the power of eminent domain in the same manner
and by like proceedings as provided for railroad corporations under
the laws of this state.
Property already devoted to a public use may be acquired in like
manner, provided that no real property belonging to any city, county,
or any other political subdivision of the state may be acquired
without its consent.
In the event any housing authority in exercising any of the
powers conferred by this act makes necessary the relocation, raising,
rerouting or changing the grade of or altering the construction of
any railroad, common carrier, public utility property or facility,
all such relocation, raising, rerouting, changing of grade or
alteration of construction shall be accomplished at the expense of
the housing authority, provided that the housing authority shall not
disturb the possession or operation of any railroad, common carrier,
or public utility in or to the appropriated property or facility
until the relocated property or facilities are available for use and
until marketable title thereto has been transferred to the railroad,
common carrier or public utility.
Laws 1965, c. 251, § 28, emerg. eff. June 18, 1965.
§63-1079. Reports and audits.
At least once a year an authority shall file with the clerk of
the governing body of the jurisdiction within which the authority
operates a complete financial and operating report of the preceding
fiscal year which shall be and remain a public record. When required
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by federal law, an authority shall file an audit of all financial and
other transactions for the previous fiscal year and shall file such
audit with the clerk as a public record and make recommendations with
reference to such additional legislation or other action as it deems
necessary in order to carry out the purposes of this act.
Added by Laws 1965, c. 251, § 29, emerg. eff. June 18, 1965. Amended
by Laws 2003, c. 79, § 1, eff. July 1, 2003.
§63-1080. Cooperation in undertaking projects.
For the purpose of aiding and cooperating in the planning,
undertaking, construction, or operation of projects located within
its jurisdiction, any state or local public body may, upon such
terms, with or without consideration, as it may determine:
(a) dedicate, sell, convey, or lease any of its interest in any
property, or grant easements, licenses, or any other rights or
privileges therein to a housing authority, or to the federal
government;
(b) cause parks, playgrounds, recreational, community,
educational, water, sewer or drainage facilities, or any other works
which it is otherwise empowered to undertake, to be furnished
adjacent to or in connection with such projects;
(c) furnish, dedicate, close, pave, install, grade, regrade, plan
or replan streets, roads, roadways, alleys, sidewalks, or other
places which it is otherwise empowered to undertake;
(d) plan or replan, zone or rezone any parts of such state or
local public body; make exceptions from building regulations and
ordinances; make changes in its map;
(e) cause services to be furnished to a housing authority of the
character which such state or local public body is otherwise
empowered to furnish;
(f) enter into agreements with respect to the exercise by such
state or local public body of its powers relating to the repair,
improvement, condemnation, closing or demolition of unsafe,
unsanitary, or unfit buildings;
(g) do any and all things necessary or convenient to aid and
cooperate in the planning, undertaking, construction or operation of
such projects;
(h) incur the entire expense of any public improvements made by
such state or local public body in exercising the powers granted in
this act; and
(i) enter into agreements with a housing authority respecting
action to be taken by such state or local public body pursuant to any
of the powers granted by this act.
If at any time title to or possession of any project is held by any
public body or governmental agency authorized by law to engage in the
development or administration of low-rent housing or slum clearance
projects, including any agency or instrumentality of the United
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States of America, the provisions of such agreements shall inure to
the benefit of and may be enforced by such public body or
governmental agency. Except as heretofore provided in Section 11,
subsection (e), for resale to prior owners, any sale, conveyance,
lease or agreement provided for in this section shall be made by a
state or local public body with appraisal, public notice,
advertisement and public bidding.
Laws 1965, c. 251, § 30, emerg. eff. June 18, 1965.
§63-1081. Agreements as to payments by housing authority.
In connection with any project of a housing authority located
wholly or partly within the area in which any state or local public
body is authorized to act, any state or local public body shall agree
with the housing authority with respect to the payment by the
authority of such sums in lieu of taxes for any year or period of
years as are determined by the governing body of the city or county
to be consistent with the maintenance of the low-rent character of
housing projects or the achievement of the purposes of this act.
Laws 1965, c. 251, § 31, emerg. eff. June 18, 1965.
§63-1082. Other state and local aid.
In addition to other aids provided herein, the state or any state
or local public body is authorized to make contributions in the form
of donation of land, buildings or personal property for or in aid of
the charitable purpose of housing persons or families of low income
in decent, safe, and sanitary dwellings.
Laws 1965, c. 251, § 32, emerg. eff. June 18, 1965.
§63-1083. Rural electric cooperative housing authority.
There is hereby created, with respect to each rural electric
cooperative in the state, a public body corporate and politic, to
function in the operating area of such rural electric cooperative to
be known as the "housing authority" of said cooperative which shall
be an agency of the State of Oklahoma possessing all powers, rights
and functions provided by law for city and county housing
authorities. No rural electric cooperative housing authority shall
transact any business or exercise any powers unless the governing
board of said cooperative, by proper resolution, declares that there
is a need for an authority to function for said cooperative.
Except as otherwise provided in this act, all the provisions of
law applicable to housing authorities created for cities and counties
and the commissioners of such authorities shall be applicable to
rural electric cooperative housing authorities and the commissioners
thereof unless a different meaning clearly appears from the context.
The chief executive officer of each rural electric cooperative is
authorized to exercise all appointing and other powers with respect
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to a rural electric cooperative housing authority that are vested by
law in the mayor of a city relating to a city housing authority.
Added by Laws 1971, c. 218, § 2, emerg. eff. June 11, 1971.
§63-1083.1. Rural electric cooperative housing authorities -
Exemption from publication of notice, petition and election
procedure.
There is hereby created, with respect to each rural electric
cooperative in the state, a public body corporate and politic, to
function in the operating area of such rural electric cooperative to
be known as the "housing authority" of said cooperative which shall
be an agency of the State of Oklahoma possessing all powers, rights
and functions provided by law for city and county housing
authorities. No rural electric cooperative housing authority shall
transact any business or exercise any powers unless the governing
board of said cooperative, by proper resolution, declares that there
is a need for an authority to function for said cooperative.
Except as otherwise provided in this act, all the provisions of
law applicable to housing authorities created for cities and counties
and the commissioners of such authorities shall be applicable to
rural electric cooperative housing authorities and the commissioners
thereof unless a different meaning clearly appears from the context.
The chief executive officer of each rural electric cooperative is
authorized to exercise all appointing and other powers with respect
to a rural electric cooperative housing authority that are vested by
law in the mayor of a city relating to a city housing authority. The
requirements of Section 1055 of Title 63 of the Oklahoma Statutes as
to publication of notice, petition and election and the provisions of
Section 1056 of Title 63 of the Oklahoma Statutes shall not apply to
rural electric cooperative housing authorities.
Added by Laws 1973, c. 274, § 1, emerg. eff. May 30, 1973.
§63-1084. Industrial housing - Adoption of Federal standards.
Notwithstanding any other provisions of law, or of any municipal
or county ordinance or local building code, the standards for
factory-built housing, housing prototypes, subsystems, materials and
components certified as acceptable by the Federal Department of
Housing and Urban Development are hereby deemed acceptable and
approved for use in housing construction in this state. A
certificate from the State Director of the Federal Housing
Administration of the Department of Housing and Urban Development
shall constitute prima facie evidence that the products or materials
listed therein are acceptable and such certificates shall be
furnished by the building contractor to any local building inspector
or other local housing authority upon request. The provisions of
this act will not preclude on-site inspections by cities and towns of
the service connections for electrical and sanitary facilities.
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Added by Laws 1971, c. 254, § 1, emerg. eff. June 16, 1971.
§63-1092.1. Short title.
Sections 3 and 4 of this act and Sections 1093, 1094, 1095, 1097,
1098 and 1099 of Title 63 of the Oklahoma Statutes shall be known and
may be cited as the "Oklahoma Relocation Assistance Act".
Added by Laws 1988, c. 315, § 3, emerg. eff. July 6, 1988.
§63-1092.2. Compliance with Federal Uniform Relocation Act -
Compensation and reimbursement payments.
A. When any department, agency or instrumentality of the state,
or any county, municipality, or other political subdivision of the
state, or any other public or private entity subject to the
provisions of the Federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended, Public Laws
91-646, and 100-17, Title IV, hereinafter referred to as the Federal
Uniform Relocation Act, undertakes any project which results in the
acquisition of real property or in any person being displaced from
the home, business, or farm of such person, such department, agency
or instrumentality of the state, county, municipality or other
political subdivision of the state, or other public or private entity
may provide relocation assistance, and make relocation payments to
such displaced person and do such other acts and follow such
procedures and practices as may be necessary to comply with the
provisions of the Federal Uniform Relocation Act.
B. Any payment made or to be made pursuant to the authority
granted in this section shall be for compensating or reimbursing the
displaced person or owner of real property in accordance with the
requirements of the Federal Uniform Relocation Act and such payment
shall not for any purpose be deemed or considered compensation for
real property acquired or compensation for damages to remaining
property.
Added by Laws 1988, c. 315, § 4, emerg. eff. July 6, 1988.
§63-1093. Responsibility for conduct of assistance programs.
Except as provided in this section, the responsibility for the
conduct of the relocation assistance programs shall be with the
entity authorizing or requiring the relocation. An entity
authorizing or requiring relocation may enter into contracts with any
individual, firm, association or corporation for services in
connection with such programs, or may carry out its functions
pursuant to Section 4 of this act through any federal or state agency
or instrumentality having an established organization for conducting
relocation assistance programs.
Amended by Laws 1988, c. 315, § 5, emerg. eff. July 6, 1988.
§63-1094. Availability of funds.
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Funds appropriated or otherwise available to any state agency for
the acquisition of real property or any interest therein for a
particular program or project shall be available also for obligation
and expenditure to carry out the provisions of this act as applied to
that program or project.
Added by Laws 1971, c. 342, § 10, operative July 1, 1971.
§63-1095. Costs to units of local government.
If a unit of local government acquires real property, and
federal-state financial assistance is available to pay the cost, in
whole or in part, of the acquisition of such real property, or of the
improvement for which such property is acquired, the cost to the unit
of local government of providing the payments and services prescribed
by this act shall be included as part of the costs of the project for
which state financial assistance is available to such unit of local
government, and shall be eligible for state financial assistance in
the same manner and to the same extent as other project costs.
Added by Laws 1971, c. 342, § 11, operative July 1, 1971.
§63-1097. Payments not considered as income or resources.
No payment received by a displaced person under this act shall be
considered as income or resources for the purpose of determining the
eligibility or extent of eligibility of any person for assistance
under any state law or for the purposes of the state's personal
income tax law, corporation tax law or other tax laws. Such payments
shall not be considered as income or resources of any recipient of
public assistance and such payments shall not be deducted from the
amount of aid to which the recipient would otherwise be entitled.
Added by Laws 1971, c. 342, § 13, operative July 1, 1971.
§63-1098. Act not to create new elements of value or damage.
Nothing in this act shall be construed as creating in any
condemnation proceedings brought under the power of eminent domain
any element of value or of damage not in existence immediately prior
to the date of enactment of this act.
Added by Laws 1971, c. 342, § 14, operative July 1, 1971.
§63-1099. Appeals.
Any person or business concern aggrieved by final administrative
determination, as provided by the Administrative Procedures Act,
concerning eligibility for relocation payments authorized by this act
may appeal such determination to the district court of the district
in which the land taken for public use is located or in which the
project is conducted.
Added by Laws 1971, c. 342, § 15, operative July 1, 1971.
§63-2051. Citation.
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This act shall be cited as the Oklahoma Community Social Service
Centers Act.
Laws 1967, c. 211, § 1, emerg. eff. May 1, 1967.
§63-2052. Purpose.
It is the purpose of this act to provide and aid in providing in
Oklahoma communities suitable and adequate space for housing state
departments and other governmental and nongovernmental entities which
provide social and/or health services for individuals or groups.
Laws 1967, c. 211, § 2, emerg. eff. May 1, 1967.
§63-2053. Community defined.
For purposes of this act, community shall be defined as follows:
community shall be an area comprised of all or parts of one or
more counties or a delineated area within one or more municipalities
or counties as determined by the State Board of Health.
Laws 1967, c. 211, § 3; Laws 1971, c. 104, § 1, emerg. eff. April 27,
1971.
§63-2054. Community Social Service Center Authority - Powers, rights
and privileges.
The State Health Department is hereby designated as the Oklahoma
Community Social Service Center authority and is authorized to
exercise the following powers, rights, and privileges in carrying out
the purposes of this act:
(a) To prepare and publish guidelines, procedures, priorities,
and regulations following consultation with other state departments
and approval by the State Board of Health.
(b) To acquire by purchase, lease, sublease, or gift, any and all
property, real, personal, or mixed, necessary to the exercise of the
powers, rights, privileges, and functions conferred upon it by this
act.
(c) To acquire, build, extend, and improve any and all facilities
which, in the judgment of the Authority, will benefit the people of
the state, or which are necessary to the accomplishment of the
purpose of this act.
(d) To maintain and operate or enter into contracts with official
or nonprofit public bodies to maintain and operate facilities
acquired under the provisions of this act.
(e) To fix and contract concerning annual charges to tenants
occupying space in facilities acquired under the provisions of this
act.
(f) To enter into agreements with any person or entity for the
acquisition of property to accomplish the purposes of this act.
(g) To receive, allocate, or otherwise expend appropriations made
by the Government of the State of Oklahoma to accomplish the purposes
of this act.
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(h) To apply for and receive directly, or through public bodies
in which the state has taken a beneficial interest, grants or
allocations from instrumentalities of the Government of the United
States which will assist in accomplishing the purposes of this act.
(i) To deposit all funds received by it from Community Social
Service Centers properties in a special account in the Office of the
State Treasurer, which said account in the Office of the State
Treasurer, which said account hereby is authorized and designated the
County Social Service Centers Account. Any funds in said account
shall be disbursed by the State Treasurer at the direction of the
authority for expenditures relative to the establishment,
improvement, maintenance and operation of County Social Service
Centers.
Laws 1967, c. 211, § 4, emerg. eff. May 1, 1967.
§63-2055. Title to property.
Title to all property acquired under the provision of this act
shall vest in the State of Oklahoma.
Laws 1967, c. 211, § 5, emerg. eff. May 1, 1967.
§63-2056. Building of centers on leased land.
Any community social service center may be built on leased land
owned by any other governmental agency subject to the approval of the
Office of Management and Enterprise Services.
Added by Laws 1971, c. 104, § 2, emerg. eff. April 27, 1971. Amended
by Laws 1983, c. 304, § 63, eff. July 1, 1983; Laws 2012, c. 304, §
509.
§63-2057. East Central Oklahoma Health and Social Service Center at
Ada - Transfer of management and operation.
The management and operation of the property used by the East
Central Oklahoma Health and Social Service Center at Ada, Oklahoma,
under the Oklahoma Community Social Service Centers Act, Section 2051
et seq. of this title, shall be transferred from the State Department
of Health and shall be vested in the Office of Public Affairs, on
April 7, 1972, which shall have sole authority to rent space in all
buildings of the facility and to operate and maintain such buildings.
All income derived from the operations of the property shall be
deposited in the Building and Facility Revolving Fund.
Amended by Laws 1983, c. 304, § 64, eff. July 1, 1983; Laws 1984, c.
279, § 12, operative July 1, 1984.
§63-2058. Transfer of property, records, funds, etc. - Assumption of
obligations.
All property, records, equipment, supplies, funds, including
trust funds and revolving funds, and other assets, owned or possessed
by the State Department of Health for the East Central Oklahoma
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Health and Social Service Center at Ada, Oklahoma, are hereby
transferred on April 7, 1972, to the Office of Public Affairs. All
contracts, leases, agreements, and obligations to which the State
Department of Health is a party for or on behalf of said Health
Center shall be assumed by the Director of the Office of Management
and Enterprise Services for the benefit of the East Central Oklahoma
Health and Social Service Center at Ada, Oklahoma.
Added by Laws 1972, c. 134, § 8, emerg. eff. April 7, 1972. Amended
by Laws 1983, c. 304, § 65, eff. July 1, 1983; Laws 2012, c. 304, §
510.
§63-2059. National Guard Advocacy Program.
A. The State Regents for Higher Education, Oklahoma Military
Department, and schools of social work in this state shall develop a
Guard Advocacy Program (GAP) for Oklahoma National Guard soldiers and
airmen. The Program shall include curricula designed to:
1. Facilitate and improve access to community resources that
improve health;
2. Increase social support;
3. Increase productivity; and
4. Prevent life-skills and life-crisis issues from developing
into behavioral health emergencies.
B. The information, records, materials and reports related to
the provision of services authorized under subsection A of this
section shall remain confidential and contain privileged information.
Such records, materials and reports shall not be open to public
inspection nor their contents disclosed.
C. The State Regents for Higher Education, the Adjutant General
and the State Board of Licensed Social Workers shall promulgate rules
to implement the provisions of this act.
Added by Laws 2017, c. 163, § 1, eff. July 1, 2017.
§63-2060. Short title – Oklahoma Certified Healthy Communities Act.
A. This section shall be known and may be cited as the "Oklahoma
Certified Healthy Communities Act".
B. The State Department of Health shall establish and maintain a
program for the voluntary certification of communities that promote
wellness, encourage the adoption of healthy behaviors, and establish
safe and supportive environments.
C. The Department shall develop criteria for certification. The
criteria may include, but shall not be limited to:
1. The development and publication of educational materials that
promote health;
2. The development, implementation, and enforcement of local
social host policies;
3. The implementation of local ordinances that promote the
establishment of sidewalks, walking trails, and bicycle lanes;
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4. The development of parks and recreation areas;
5. The establishment of community gardens;
6. Incentives and support for farmers' markets;
7. Incentives and support for community health services, such as
free clinics;
8. Incentives and support for community mental health services;
and
9. Incentives and support for improved housing, including energy
efficiency.
D. The Department shall develop an online scoring system based
on the criteria developed pursuant to subsection C of this section.
The program shall recognize three levels of certification based on
the online scoring system as follows:
1. Basic certification;
2. Merit certification; and
3. Excellence certification.
E. The State Board of Health, giving consideration to the
recommendations of the Advancement of Wellness Advisory Council
created in Section 44 of this act, may promulgate rules as necessary
to implement the provisions of this section.
Added by Laws 2010, c. 217, § 2, eff. Nov. 1, 2010. Amended by Laws
2013, c. 229, § 73, eff. Nov. 1, 2013.
§63-2061. Short title – Oklahoma Certified Healthy Schools Act.
A. This section shall be known and may be cited as the "Oklahoma
Certified Healthy Schools Act".
B. The State Department of Health shall establish and maintain a
program for the voluntary certification of schools that promotes
wellness, encourages the adoption of healthy behaviors, and
establishes safe and supportive environments.
C. The program shall recognize three levels of certification as
follows:
1. Basic certification;
2. Merit certification; and
3. Excellence certification.
D. The Department shall develop criteria for certification,
which, at a minimum, may include the following for each level of
certification:
1. Basic certification: The school shall meet at least two
criteria in each of the components of the Center for Disease Control
and Prevention's Coordinated School Health Program model;
2. Merit certification: The school shall meet at least three
criteria in each of the components of the Center for Disease Control
and Prevention's Coordinated School Health Program model; and
3. Excellence certification: The school shall meet at least
four criteria in each of the components of the Center for Disease
Control and Prevention's Coordinated School Health Program model.
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E. Subject to available funding specifically appropriated for
this purpose, the Department may provide a monetary reward to schools
that earn certification as follows:
1. Basic certification: Two Thousand Five Hundred Dollars
($2,500.00);
2. Merit certification: Five Thousand Dollars ($5,000.00); and
3. Excellence certification: Ten Thousand Dollars ($10,000.00).
F. Schools that obtain a reward pursuant to subsection E of this
section shall use the funds for the enhancement of wellness
activities and the promotion of healthy environments. Such
activities may include, but are not limited to:
1. Improving playgrounds;
2. Purchasing sports equipment; and
3. Equipping school kitchens for healthy cooking.
G. The Department shall develop an online application form for
schools seeking to become an Oklahoma Certified Healthy School.
H. The State Board of Health, giving consideration to the
recommendations of the Advancement of Wellness Advisory Council
created in Section 44 of this act, may promulgate rules as necessary
to implement the provisions of this section.
Added by Laws 2010, c. 217, § 3, eff. Nov. 1, 2010. Amended by Laws
2013, c. 229, § 74, eff. Nov. 1, 2013.
§63-2071. Declaration - definition.
Family planning services are declared to be essential to the
health and welfare of the citizens of Oklahoma. The term "family
planning" as used herein shall encompass the spacing of children and
infertility or sterility in husbands and/or wives.
Laws 1967, c. 342, § 1, emerg. eff. May 18, 1967.
§63-2072. Establishment and operation of centers.
The State Department of Health is authorized to establish family
planning Centers. These centers may be operated as a part of the
services of a county, district, cooperative or city-county department
of health, or may be operated directly by the State Department of
Health, or by the State Department of Health in cooperation with
nongovernmental agencies or organizations.
Laws 1967, c. 342, § 2, emerg. eff. May 18, 1967.
§63-2073. Educational materials and information - Physician to
direct.
The family planning centers shall furnish educational materials
and information with respect to achieving a planned parenthood,
including advice as to contraceptive practices, medical surgery
devices and pharmaceuticals. These centers are authorized to carry
out clinical activities incident to child spacing, including medical
examinations, insertion of contraceptive devices, prescription of
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pharmaceuticals, and may furnish drugs and devices to eligible
persons. The family planning centers shall be under the direction of
a physician, licensed by the State of Oklahoma to practice medicine.
Laws 1967, c. 342, § 3, emerg. eff. May 18, 1967.
§63-2074. Rules, regulations and standards.
The State Board of Health is authorized to promulgate rules,
regulations and standards for the operation of family planning
centers as follows:
a. Eligibility of persons for service.
b. Approval of contraceptives, practices, devices and
pharmaceuticals, and the methods of their utilization.
c. Clinical procedures.
d. Medical services to applicants.
e. Establish a fee schedule to be charged applicants who
are financially able to pay for services and devices, pharmaceuticals
or other equipment and supplies furnished.
f. Records to be maintained.
g. Any other rules, regulations or standards required to
carry out the legislative intent expressed in this act.
Laws 1967, c. 342, § 4, emerg. eff. May 18, 1967.
§63-2075. Fees.
Fees collected in family planning centers shall be forwarded to
the State Department of Health, and shall be deposited in the Public
Health Special Fund, and expended as is now provided by statute, or
as may be provided in the future. Provided, however, that where
family planning centers are a part of the services of a county,
district, cooperative or city-county department of health the State
Commissioner of Health may direct that such fees be deposited with
the county treasurer of the county where the center is located, and
the Commissioner may direct that such fees be added to a specified
item or items of appropriations for the county, district, cooperative
or city-county health department, and no further action or
appropriation by the county excise board shall be required to make
such funds available for expenditure.
Laws 1967, c. 342, § 5, emerg. eff. May 18, 1967.
§63-2151. Blood products or tissues - Addition to human body -
Warranty.
The procurement, processing, distribution or use of whole blood,
plasma, blood products, blood derivatives and other human tissues
such as corneas, bones or organs for the purpose of injecting,
transfusing or transplanting any of them into the human body, for
compensation or otherwise, shall be deemed a transaction for the
purposes of this act. No such transaction shall give rise to any
implied warranty of the fitness, quality, suitability of purpose,
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safety, acceptability to the body of the patient or of any other
characteristic or circumstance incident to the transaction involved
bearing upon the propriety of the transaction, as applied to the
recipient, on the part of the person or persons rendering such
service, in the absence of negligence. Provided, that the provisions
of this act shall in no way be deemed to affect the operations of the
Oklahoma State Penitentiary.
Laws 1968, c. 209, § 1.
§63-2151.1. Organ and tissue donations from HIV positive persons.
No reproductive tissue(s) shall be procured for donation purposes
from any person testing positive for the human immunodeficiency virus
(HIV) infection. Organ(s) and tissue(s) may be procured for donation
purposes from any person testing positive for HIV infection, provided
such procurement and donation are consistent with the HIV Organ
Policy Equity (HOPE) Act (P.L. 113-51, 127 Stat. 579 (2013)) and the
regulations promulgated thereunder by the Organ Procurement and
Transplantation Network and the United States Food and Drug
Administration.
1. Every donor, donor candidate or tissue(s) or organ(s) to be
donated shall be tested for the virus infection immediately prior to
the donation of reproductive tissue(s) or tissue(s) or organ(s) for
transplant. If such test has not been conducted immediately prior to
the donation, then the test shall be conducted immediately prior to
the implantation of the donor organ(s) or tissue(s).
2. If the donor is living, the donor shall be notified of the
test results. Notification shall be consistent with donor
confidentiality and with the requirements of state and federal law.
The hospital or other facility responsible for the reproductive
tissue, tissue or organ donation shall provide directly or otherwise
make available appropriate information and counseling services to
reproductive tissue donors and to living tissue or organ donors.
Added by Laws 1988, c. 153, § 5, eff. July 1, 1988. Amended by Laws
2017, c. 198, § 1, eff. Nov. 1, 2017.
§63-2152. Donation of blood.
Any person sixteen (16) years of age with parental permission or
authorization, or seventeen (17) years of age or older without
parental permission or authorization shall be eligible to donate
blood voluntarily; provided that only persons eighteen (18) years of
age or older may receive compensation for blood so donated.
Added by Laws 1969, c. 196, § 1, emerg. eff. April 18, 1969. Amended
by Laws 1974, c. 15, § 1; Laws 1984, c. 124, § 1, eff. Nov. 1, 1984;
Laws 2010, c. 197, § 1, eff. Nov. 1, 2010.
§63-2153. Preplacement or replacement of blood as a condition of
treatment.
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No hospital or blood donor organization shall require either
preplacement or replacement of blood as a condition of treatment.
Every statement of policy to or request of a patient or his next of
kin by a physician or the personnel of a hospital or a blood donor
organization regarding preplacement or replacement of blood through
voluntary donations on behalf of the patient pursuant to any
scheduled transfusion of whole blood or one or more of the component
parts of whole blood, shall be made in a manner not calculated or
likely to result in a marked increase in anxiety or emotional
disturbance on the part of the patient or his next of kin. Every
blood donor organization shall adopt policies and procedures for
directed blood donations. Such designated donations must be
medically suitable of purpose, safety, and acceptability to the body
of the recipient.
Any hospital or blood donor organization that violates the
provisions of this section may be denied all benefits and privileges
granted by state law to such institutions.
Amended by Laws 1986, c. 146, § 1, operative June 1, 1986.
§63-2154. Statement of benefits from donation of blood.
Every hospital or blood donor organization shall furnish the
donor, preceding or at the time of a blood donation, a concise,
complete, written statement as to any benefits which may arise from
his donation of blood.
This statement shall include, at least, the agency policy
regarding blood replacement, financial benefit, if any, for blood
program participation and designation of who shall be the recipient
of any such financial benefit.
Laws 1978, c. 174, § 2.
§63-2161. Short title.
This act shall be known and may be cited as the "Oklahoma Blood
Exchange Act".
Laws 1980, c. 281, § 1, eff. Oct. 1, 1980.
§63-2162. Purpose of act.
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 in the state.
Laws 1980, c. 281, § 2, eff. Oct. 1, 1980.
§63-2163. Definitions.
As used in this act:
"Blood service systems" means regional providers of whole blood,
blood components or blood derivatives; provided, for purposes of this
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act, all regional providers operating with the same establishment
license number of the United States Department of Health and Human
Services will be considered one blood service system. For purposes
of this act, blood service systems shall not include individual
hospital blood banks.
Amended by Laws 1986, c. 14, § 1, eff. July 1, 1986.
§63-2166. Contracts for blood and blood products.
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 suppliers for blood products, blood service systems operating
within the state shall first seek to contract with other systems
operating within the state and shall not enter into contracts for
shipments of blood and blood products from service systems not
operating within the state until after exhausting efforts to
establish a contractual agreement for shipments from blood service
systems operating within the state.
Laws 1980, c. 281, § 6, eff. Oct. 1, 1980.
§63-2167. Blood solicitation and donation.
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 disaster situation when normal supply is
interrupted or depleted. Blood collected from inmates in
correctional facilities shall not be used to transfuse patients in
this state.
B. Blood solicitation or donation as a prerequisite for surgical
or medical reasons is hereby prohibited.
C. Every blood donor organization shall adopt policies and
procedures for directed blood donations. Such designated donations
must be medically suitable of purpose, safety, and acceptability to
the body of the recipient.
D. Appeals for blood donations should be directed at the
community at large, including organized groups within the community.
While appeals to the family and friends of the hospitalized patients
are an acceptable part of total donor recruitment program, blood
service establishments should exercise discretion in such appeals and
should carefully avoid the use of any undue pressure or coercion.
Amended by Laws 1986, c. 146, § 2, operative June 1, 1986.
§63-2167.1. Test for detection of antibodies to human T-lymphotropic
virus type III - Notification of donors.
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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 exchange of such blood. If
antibodies to the human T-lymphotropic virus type III are found to be
present in such blood donation, the blood shall not be used for any
blood transfusion. The donor of any blood donation containing
antibodies to the human T-lymphotropic virus type III shall be
notified of such results upon completion of specific confirmatory
testing by the blood service system that took the donation. The
notification shall be made in a manner consistent with donor
confidentiality.
Added by Laws 1986, c. 146, § 3, operative June 1, 1986.
§63-2168. Statement of benefits arising from donation of blood -
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 least, the system policy
regarding blood replacement, benefits, if any, for blood program
participation and designation of who shall be the recipient of any
such benefits.
B. Every blood service system shall provide a form to the donor
to be filled in by the donor, preceding or at the time of the blood
donation. The form shall provide for the name, address, or location
where the donor may be located for notification pursuant to Section 3
of this act.
C. It shall be unlawful for any blood service system, or its
agent or employee, to make any representation, oral or written, that
a donation of blood will or may result in benefits to the blood donor
or his designee, such as the refund of any fees, blood credits,
family protection and the like, unless such benefits will, in fact,
accrue to the blood donor or his designee.
D. It shall be unlawful for any blood service system, or its
agent or employee, to make any representation, oral or written, that
blood or blood products are or will be provided free if such blood
service system receives any fee or remuneration, whether directly or
indirectly, for providing and/or transfusing blood or blood products.
Amended by Laws 1986, c. 146, § 4, operative June 1, 1986.
§63-2169. Financial statements and reports.
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 determination that its system of charges is reasonably
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related to the costs for blood, blood components and related services
and activities.
Amended by Laws 1986, c. 14, § 2, eff. July 1, 1986.
§63-2170. Violations - Penalties.
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.
§63-2171. Repealed by Laws 2005, c. 108, § 5, eff. July 1, 2005.
§63-2172. Repealed by Laws 2005, c. 108, § 5, eff. July 1, 2005.
§63-2173. Short title.
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.
§63-2174. Repealed by Laws 2017, c. 47, § 1, eff. Nov. 1, 2017.
§63-2175. Public umbilical cord blood bank – Education program –
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
with a private blood donor or private blood bank organization, shall
establish, operate and maintain a public umbilical cord blood bank or
cord blood collection operation for the purpose of collecting and
storing umbilical cord blood and placental tissue donated by
maternity patients at hospitals licensed in this state.
B. On or before January 1, 2009, the State Department of Health,
in collaboration with a private blood donor or private blood bank
organization shall establish a program to educate maternity patients
with respect to the subject of cord blood banking. The program shall
provide maternity patients with sufficient information to make an
informed decision on whether or not to participate in a private or
public umbilical cord blood banking program and shall include, but
not be limited to, explanations and information on:
1. The difference between public and private umbilical cord
blood banking;
2. The medical process involved in umbilical cord blood banking;
3. The current and potential future medical uses of stored
umbilical cord blood;
4. The benefits and risks involved in banking umbilical cord
blood; and
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5. The availability and cost of storing umbilical cord blood and
placental tissue in public and private umbilical cord blood banks.
C. 1. Each physician licensed in this state and each hospital
licensed in this state shall inform each pregnant patient under the
care of the physician or hospital, not later than thirty (30) days
from the commencement of the patient’s third trimester of pregnancy,
of the opportunity to donate to the public umbilical cord blood bank,
established under subsection A of this section, blood and tissue
extracted from the umbilical cord and placenta, following delivery of
a newborn child, at no cost to the patient.
2. Nothing in this section shall be construed to:
a. obligate a hospital to collect umbilical cord blood or
placental tissue if, in the professional judgment of a
physician licensed in this state, the collection would
threaten the health of the mother or child,
b. prohibit a maternity patient from donating or storing
blood extracted from the umbilical cord or placenta of
the patient’s newborn child to a private umbilical cord
blood and placental tissue bank, or
c. impose a requirement upon attending medical personnel
who object to umbilical cord blood or placental tissue
donation as being in conflict with their religious
tenets and practice.
Added by Laws 2008, c. 151, § 1, eff. July 1, 2008.
§63-2175.1. State Commissioner request for information about public
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, process and store
cord blood units from Oklahoma residents for therapeutic and research
purposes. Any such request for information shall contain provisions
inquiring about the ability of the umbilical cord blood bank to:
1. Establish and operate one or more collection sites within the
state to collect a targeted number of cord blood units;
2. Implement collection procedures designed to collect cord
blood units that reflect the state’s racial and ethnic diversity;
3. Set up public cord blood collection operations not later than
six (6) months after execution of a contract with the state, provided
the umbilical cord blood bank is able to negotiate any necessary
contracts related to the collection sites within that time frame;
4. Participate in the National Cord Blood Coordinating Center or
similar national cord blood inventory center by listing cord blood
units in a manner that assures maximum opportunity for use;
5. Have a program that provides cord blood units for research
and agree to provide cord blood units that are unsuitable for
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therapeutic use to researchers located within the state at no charge;
and
6. Maintain national accreditation by an accrediting
organization recognized by the federal Health Resources and Services
Administration.
B. On or before January 1, 2009, the Commissioner of Health
shall submit, as and in the manner provided for by law, a summary of
the responses to the request for information, along with any
recommendations, to the Governor, the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, and the
chairs of those committees of the Legislature with legislative
responsibility over matters relating to public health.
Added by Laws 2008, c. 151, § 2, eff. July 1, 2008.
§63-2200.1. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.1A. Short title.
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.
§63-2200.2. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.2A. Definitions.
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. expressly authorized to make an anatomical gift on the
principal's behalf by any other record signed by the
principal;
3. "Anatomical donor program" means an entity that is registered
with the State Anatomical Board to receive and issue bodies or body
parts for education or research;
4. "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, therapy, research, or education;
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5. "Decedent" means a deceased individual whose body or part is
or may be the source of an anatomical gift and includes a stillborn
infant and, subject to restrictions imposed by any other provisions
of law, a fetus;
6. "Disinterested witness" means a witness other than the
spouse, child, parent, sibling, grandchild, grandparent, or guardian
of the individual who makes, amends, revokes, or refuses to make an
anatomical gift, or another adult who exhibited special care and
concern for the individual and does not include a person to whom an
anatomical gift could pass under Section 2200.11A of this title;
7. "Document of gift" means a donor card or other record used to
make an anatomical gift, including a statement or symbol on a driver
license, identification card, or donor registry;
8. "Donor" means an individual whose body or part is the subject
of an anatomical gift;
9. "Donor registry" means a database that contains records of
anatomical gifts and amendments to or revocations of anatomical
gifts;
10. "Driver license" means a license or permit issued by the
Department of Public Safety to operate a vehicle, whether or not
conditions are attached to the license or permit;
11. "Eye bank" means a person that is licensed, accredited, or
regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage, or distribution of human
eyes or portions of human eyes;
12. "Guardian" means a person appointed by a court to make
decisions regarding the support, care, education, health, or welfare
of an individual and does not include a guardian ad litem;
13. "Hospital" means a facility licensed as a hospital under the
law of any state or a facility operated as a hospital by the United
States, a state, or a subdivision of a state;
14. "Identification card" means an identification card issued by
the Department of Public Safety;
15. "Know" means to have actual knowledge;
16. "Minor" means an individual who is under eighteen (18) years
of age;
17. "Organ procurement organization" means a person designated
by the Secretary of the United States Department of Health and Human
Services as an organ procurement organization;
18. "Non-transplant tissue bank" means an entity that is
registered with the State Anatomical Board to engage in the recovery,
screening, testing, processing, storage, or distribution of tissue
for education and research;
19. "Parent" means a parent whose parental rights have not been
terminated;
20. "Part" means an organ, an eye, or tissue of a human being
and does not include the whole body;
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21. "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government or governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity;
22. "Physician" means an individual authorized to practice
medicine or osteopathy under the law of any state;
23. "Procurement organization" means an eye bank, organ
procurement organization, or tissue bank;
24. "Prospective donor" means an individual who is dead or near
death and who has been determined by a procurement organization to
have a part that could be medically suitable for transplantation,
therapy, research, or education and does not include an individual
who has made a refusal;
25. "Reasonably available" means able to be contacted by a
procurement organization without undue effort and willing and able to
act in a timely manner consistent with existing medical criteria
necessary for the making of an anatomical gift;
26. "Recipient" means an individual into whose body a decedent's
part has been or is intended to be transplanted;
27. "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form;
28. "Refusal" means a record created under Section 2200.7A of
this title that expressly states an intent to bar other persons from
making an anatomical gift of an individual's body or part;
29. "Sign" means, with the present intent to authenticate or
adopt a record, to:
a. execute or adopt a tangible symbol, or
b. attach to or logically associate with the record an
electronic symbol, sound, or process;
30. "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States;
31. "Technician" means an individual determined to be qualified
to remove or process parts by an appropriate organization that is
licensed, accredited, or regulated under federal or state law,
including an enucleator;
32. "Tissue" means a portion of the human body other than an
organ or an eye and does not include blood unless the blood is
donated for the purpose of research or education;
33. "Tissue bank" means a person that is licensed, accredited,
or regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage, or distribution of tissue;
and
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34. "Transplant hospital" means a hospital that furnishes organ
transplants and other medical and surgical specialty services
required for the care of transplant patients.
Added by Laws 2009, c. 139, § 2, eff. Nov. 1, 2009. Amended by Laws
2012, c. 119, § 3, eff. Nov. 1, 2012.
§63-2200.3. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.3A. Applicability.
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.
§63-2200.4. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.4A. Persons authorized to make anatomical gift before
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 donor is an adult or if the donor is a
minor and is:
a. emancipated, or
b. authorized under state law to apply for a driver
license because the donor is at least sixteen (16)
years of age;
2. An agent of the donor, unless the power of attorney for
health care or other record prohibits the agent from making an
anatomical gift;
3. A parent of the donor, if the donor is an unemancipated
minor; or
4. The donor’s guardian.
Added by Laws 2009, c. 139, § 4, eff. Nov. 1, 2009.
§63-2200.5. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.5A. Manner of making anatomical gift before donor's death.
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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 form
of communication addressed to at least two adults, at least one of
whom is a disinterested witness; or
4. As provided in subsection B of this section.
B. A donor or other person authorized to make an anatomical gift
under Section 4 of this act may make a gift by a donor card or other
record signed by the donor or other person making the gift or by
authorizing that a statement or symbol indicating that the donor has
made an anatomical gift be included on a donor registry. If the
donor or other person is physically unable to sign a record, the
record may be signed by another individual at the direction of the
donor or other person and must:
1. Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the donor
or the other person; and
2. State that it has been signed and witnessed as provided in
paragraph 1 of this subsection.
C. Revocation, suspension, expiration, or cancellation of a
driver license or identification card upon which an anatomical gift
is indicated does not invalidate the gift.
D. An anatomical gift made by will takes effect upon the donor’s
death whether or not the will is probated. Invalidation of the will
after the donor’s death does not invalidate the gift.
E. The making of an anatomical gift shall not of itself be
construed to authorize or direct the denial of health care when the
withholding or withdrawal of such health care will result in or
hasten death of the donor.
Added by Laws 2009, c. 139, § 5, eff. Nov. 1, 2009.
§63-2200.6. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.6A. Amending or revoking anatomical gift before donor's
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
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c. subject to subsection B of this section, another
individual acting at the direction of the donor or the
other person if the donor or other person is physically
unable to sign; or
2. A later-executed document of gift that amends or revokes a
previous anatomical gift or portion of an anatomical gift, either
expressly or by inconsistency.
B. A record signed pursuant to subparagraph c of paragraph 1 of
subsection A of this section must:
1. Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the donor
or the other person; and
2. State that it has been signed and witnessed as provided in
paragraph 1 of this subsection.
C. 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
revoke an anatomical gift by the destruction or cancellation of the
document of gift, or the portion of the document of gift used to make
the gift, with the intent to revoke the gift.
D. A donor may amend or revoke an anatomical gift that was not
made in a will by any form of communication during a terminal illness
or injury addressed to at least two adults, at least one of whom is a
disinterested witness.
E. A donor who makes an anatomical gift in a will may amend or
revoke the gift in the manner provided for amendment or revocation of
wills or as provided in subsection A of this section.
Added by Laws 2009, c. 139, § 6, eff. Nov. 1, 2009.
§63-2200.7. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.7A. Refusal to make anatomical gift - Effect of refusal.
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 to sign;
2. The individual’s will, whether or not the will is admitted to
probate or invalidated after the individual’s death; or
3. Any form of communication made by the individual during the
individual’s terminal illness or injury addressed to at least two
adults, at least one of whom is a disinterested witness.
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B. A record signed pursuant to subparagraph b of paragraph 1 of
subsection A of this section must:
1. Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the
individual; and
2. State that it has been signed and witnessed as provided in
paragraph 1 of this subsection.
C. An individual who has made a refusal may amend or revoke the
refusal:
1. In the manner provided in subsection A of this section for
making a refusal;
2. By subsequently making an anatomical gift pursuant to Section
4 of this act that is inconsistent with the refusal; or
3. By destroying or canceling the record evidencing the refusal,
or the portion of the record used to make the refusal, with the
intent to revoke the refusal.
D. Except as otherwise provided in subsection H of Section 8 of
this act, in the absence of an express, contrary indication by the
individual set forth in the refusal, an individual’s unrevoked
refusal to make an anatomical gift of the individual’s body or part
bars all other persons from making an anatomical gift of the
individual’s body or part.
Added by Laws 2009, c. 139, § 7, eff. Nov. 1, 2009.
§63-2200.8. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.8A. Preclusive effect of anatomical gift, amendment, or
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
of a donor’s body or part if the donor made an anatomical gift of the
donor’s body or part under Section 5 of this act or an amendment to
an anatomical gift of the donor’s body or part under Section 6 of
this act.
B. A donor’s revocation of an anatomical gift of the donor’s
body or part under Section 6 of this act is not a refusal and does
not bar another person specified in Section 4 or 9 of this act from
making an anatomical gift of the donor’s body or part under Section 5
or 10 of this act.
C. If a person other than the donor makes an unrevoked
anatomical gift of the donor’s body or part under Section 5 of this
act or an amendment to an anatomical gift of the donor’s body or part
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under Section 6 of this act, another person may not make, amend, or
revoke the gift of the donor’s body or part under Section 10 of this
act.
D. A revocation of an anatomical gift of a donor’s body or part
under Section 6 of this act by a person other than the donor does not
bar another person from making an anatomical gift of the body or part
under Section 5 or 10 of this act.
E. In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
Section 4 of this act, an anatomical gift of a part is neither a
refusal to give another part nor a limitation on the making of an
anatomical gift of another part at a later time by the donor or
another person.
F. In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
Section 4 of this act, an anatomical gift of a part for one or more
of the purposes set forth in Section 4 of this act is not a
limitation on the making of an anatomical gift of the part for any of
the other purposes by the donor or any other person under Section 5
or 10 of this act.
G. If a donor who is an unemancipated minor dies, a parent of
the donor who is reasonably available may revoke or amend an
anatomical gift of the donor’s body or part.
H. If an unemancipated minor who signed a refusal dies, a parent
of the minor who is reasonably available may revoke the minor’s
refusal.
Added by Laws 2009, c. 139, § 8, eff. Nov. 1, 2009.
§63-2200.9. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.9A. Persons authorized to make anatomical gift of
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
classes of persons who is reasonably available, in the order of
priority listed:
1. An agent of the decedent at the time of death who could have
made an anatomical gift under paragraph 2 of Section 4 of this act
immediately before the decedent’s death;
2. The spouse of the decedent;
3. Adult children of the decedent;
4. Parents of the decedent;
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5. Adult siblings of the decedent;
6. Adult grandchildren of the decedent;
7. Grandparents of the decedent;
8. An adult who exhibited special care and concern for the
decedent;
9. The persons who were acting as the guardians of the person of
the decedent at the time of death; and
10. Any other person having the authority to dispose of the
decedent’s body.
B. If there is more than one member of a class listed in
paragraph 1, 3, 4, 5, 6, 7 or 9 of subsection A of this section
entitled to make an anatomical gift, an anatomical gift may be made
by a member of the class unless that member or a person to whom the
gift may pass under Section 11 of this act knows of an objection by
another member of the class. If an objection is known, the gift may
be made only by a majority of the members of the class who are
reasonably available.
C. A person may not make an anatomical gift if, at the time of
the decedent’s death, a person in a prior class under subsection A of
this section is reasonably available to make or to object to the
making of an anatomical gift.
Added by Laws 2009, c. 139, § 9, eff. Nov. 1, 2009.
§63-2200.10. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.10A. Manner of making, amending, or revoking anatomical
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 contemporaneously
reduced to a record and signed by the individual receiving the oral
communication.
B. Subject to subsection C of this section, an anatomical gift
by a person authorized under Section 9 of this act may be amended or
revoked orally or in a record by any member of a prior class who is
reasonably available. If more than one member of the prior class is
reasonably available, the gift made by a person authorized under
Section 9 of this act may be:
1. Amended only if a majority of the reasonably available
members agree to amending the gift; or
2. Revoked only if a majority of the members agree to the
revoking of the gift or if they are equally divided as to whether to
revoke the gift.
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C. A revocation under subsection B of this section is effective
only if, before an incision has been made to remove a part from the
donor’s body or before invasive procedures have begun to prepare the
recipient, the procurement organization, transplant hospital, or
physician or technician knows of the revocation.
Added by Laws 2009, c. 139, § 10, eff. Nov. 1, 2009.
§63-2200.11. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.11A. Persons who may receive anatomical gift - Purpose of
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 the
State Anatomical Board;
2. Subject to subsection B of this section, an individual
designated by the person making the anatomical gift if the individual
is the recipient of the part; or
3. An eye bank or tissue bank.
B. If an anatomical gift to an individual under paragraph 2 of
subsection A of this section cannot be transplanted into the
individual, the part passes in accordance with subsection G of this
section in the absence of an express, contrary indication by the
person making the anatomical gift.
C. If an anatomical gift of one or more specific parts or of all
parts is made in a document of gift that does not name a person
described in subsection A of this section but identifies the purpose
for which an anatomical gift may be used, the following rules apply:
1. If the part is an eye and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate eye
bank;
2. If the part is tissue and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate tissue
bank;
3. If the part is an organ and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate organ
procurement organization as custodian of the organ; and
4. If the part is an organ, an eye, or tissue and the gift is
for the purpose of research or education, the gift passes to the
appropriate anatomical donor program or non-transplant tissue bank
registered with the State Anatomical Board.
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D. For the purpose of subsection C of this section, if there is
more than one purpose of an anatomical gift set forth in the document
of gift but the purposes are not set forth in any priority, the gift
must be used for transplantation or therapy, if suitable. If the
gift cannot be used for transplantation or therapy, the gift may be
used for research or education.
E. If an anatomical gift of one or more specific parts is made
in a document of gift that does not name a person described in
subsection A of this section and does not identify the purpose of the
gift, the gift may be used only for transplantation or therapy, and
the gift passes in accordance with subsection G of this section.
F. If a document of gift specifies only a general intent to make
an anatomical gift by words such as "donor", "organ donor", or "body
donor", or by a symbol or statement of similar import, the gift may
be used for transplantation, research, or therapy, and the gift
passes in accordance with subsection G of this section.
G. For purposes of subsections B, E and F of this section, the
following rules apply:
1. If the part is an eye, the gift passes to the appropriate eye
bank;
2. If the part is tissue, the gift passes to the appropriate
tissue bank; and
3. If the part is an organ, the gift passes to the appropriate
organ procurement organization as custodian of the organ.
H. An anatomical gift of an organ for transplantation or
therapy, other than an anatomical gift under paragraph 2 of
subsection A of this section, passes to the organ procurement
organization as custodian of the organ.
I. If an anatomical gift does not pass pursuant to subsections A
through H of this section or the decedent's body or part is not used
for transplantation, therapy, research, or education, custody of the
body or part passes to the person under obligation to dispose of the
body or part.
J. A person may not accept an anatomical gift if the person
knows that the gift was not effectively made under Sections 2200.5A
or 2200.10A of this title or if the person knows that the decedent
made a refusal under Section 2200.7A of this title that was not
revoked. For purposes of this subsection, if a person knows that an
anatomical gift was made on a document of gift, the person is deemed
to know of any amendment or revocation of the gift or any refusal to
make an anatomical gift on the same document of gift.
K. Except as otherwise provided in paragraph 2 of subsection A
of this section, nothing in the Oklahoma Uniform Anatomical Gift Act
affects the allocation of organs for transplantation or therapy.
Added by Laws 2009, c. 139, § 11, eff. Nov. 1, 2009. Amended by Laws
2012, c. 119, § 4, eff. Nov. 1, 2012.
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§63-2200.12. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.12A. Search and notification.
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, firefighter, paramedic, or other
emergency rescuer finding the individual; and
2. If no other source of the information is immediately
available, a hospital, as soon as practical after the individual’s
arrival at the hospital.
B. If a document of gift or a refusal to make an anatomical gift
is located by the search required by paragraph 1 of subsection A of
this section and the individual or deceased individual to whom it
relates is taken to a hospital, the person responsible for conducting
the search shall send the document of gift or refusal to the
hospital.
C. A person is not subject to criminal or civil liability for
failing to discharge the duties imposed by this section but may be
subject to administrative sanctions.
Added by Laws 2009, c. 139, § 12, eff. Nov. 1, 2009.
§63-2200.13. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.13A. Delivery of document of gift not required - Right to
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 and copying of the
document of gift or refusal by a person authorized to make or object
to the making of an anatomical gift with respect to the individual or
by a person to which the gift could pass under Section 11 of this
act.
Added by Laws 2009, c. 139, § 13, eff. Nov. 1, 2009.
§63-2200.14. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
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NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.14A. Rights and duties of procurement organization and
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 individual resides to ascertain whether the individual has
made an anatomical gift.
B. A procurement organization must be allowed reasonable access
to information in the records of the Department of Public Safety to
ascertain whether an individual at or near death is a donor.
C. When a hospital refers an individual at or near death to a
procurement organization, the organization may conduct any reasonable
examination necessary to ensure the medical suitability of a part
that is or could be the subject of an anatomical gift for
transplantation, therapy, research, or education from a donor or a
prospective donor. During the examination period, measures necessary
to ensure the medical suitability of the part may not be withdrawn
unless the hospital or procurement organization knows that the
individual expressed a contrary intent.
D. Unless prohibited by any other provisions of law, at any time
after a donor's death, the person to whom a part passes under Section
2200.11A of this title may conduct any reasonable examination
necessary to ensure the medical suitability of the body or part for
its intended purpose.
E. Unless prohibited by any other provisions of law, an
examination under subsection C or D of this section may include an
examination of all medical and dental records of the donor or
prospective donor.
F. Upon the death of a minor who was a donor or had signed a
refusal, unless a procurement organization knows the minor is
emancipated, the procurement organization shall conduct a reasonable
search for the parents of the minor and provide the parents with an
opportunity to revoke or amend the anatomical gift or revoke the
refusal.
G. Upon referral by a hospital under subsection A of this
section, a procurement organization shall make a reasonable search
for any person listed in Section 2200.9A of this title having
priority to make an anatomical gift on behalf of a prospective donor.
If a procurement organization receives information that an anatomical
gift to any other person was made, amended, or revoked, it shall
promptly advise the other person of all relevant information.
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H. Subject to subsection I of Section 2200.11A of this title and
Section 2200.23A of this title, the rights of the person to which a
part passes under Section 2200.11A of this title are superior to the
rights of all others with respect to the part. The person may accept
or reject an anatomical gift in whole or in part. Subject to the
terms of the document of gift and this act, a person that accepts an
anatomical gift of an entire body may allow embalming, burial or
cremation, and use of remains in a funeral service. If the gift is
of a part, the person to which the part passes under Section 2200.11A
of this title, upon the death of the donor and before embalming,
burial, or cremation, shall cause the part to be removed without
unnecessary mutilation.
I. Neither the physician who attends the decedent at death nor
the physician who determines the time of the decedent's death may
participate in the procedures for removing or transplanting a part
from the decedent.
J. A physician or technician may remove a donated part from the
body of a donor that the physician or technician is qualified to
remove.
K. A hospital may adopt guidelines for the interaction between
organ procurement organizations and hospital staff. Nothing in the
Oklahoma Uniform Anatomical Gift Act shall be construed as to
authorize an organ procurement organization to use coercion or
emotional abuse of patients, families of patients, physicians or
hospital staff in any aspect of the organ donation process,
including, but not limited to, the testing and screening of potential
donors and the procurement of organs. For purposes of this
subsection, "emotional abuse" shall include, but not be limited to,
demanding, insisting or pressuring families in a manner that fails to
exhibit sympathy, compassion or sensitivity to the emotional well-
being of those involved.
Added by Laws 2009, c. 139, § 14, eff. Nov. 1, 2009. Amended by Laws
2016, c. 284, § 1, eff. Nov. 1, 2016.
§63-2200.15. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.15A. Coordination of procurement and use of gifts.
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.
§63-2200.16. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
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NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.16A. Sale or purchase of parts prohibited - Reasonable
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 felony and upon conviction is subject to a fine of not more
than Fifty Thousand Dollars ($50,000.00) or imprisonment for not more
than five (5) years, or both such fine and imprisonment.
B. A person may charge a reasonable amount for the removal,
processing, preservation, quality control, storage, transportation,
implantation, or disposal of a part.
Added by Laws 2009, c. 139, § 16, eff. Nov. 1, 2009.
§63-2200.17. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.17A. Falsification, etc. of document of gift for financial
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 felony and upon conviction is subject to a fine of not more
than Fifty Thousand Dollars ($50,000.00) or imprisonment for not more
than five (5) years, or both such fine and imprisonment.
Added by Laws 2009, c. 139, § 17, eff. Nov. 1, 2009.
§63-2200.18. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.18A. Immunity.
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 anatomical gift nor the donor’s
estate is liable for any injury or damage that results from the
making or use of the gift.
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C. In determining whether an anatomical gift has been made,
amended, or revoked under this act, a person may rely upon
representations of an individual listed in paragraph 2, 3, 4, 5, 6, 7
or 8 of subsection A of Section 9 of this act relating to the
individual’s relationship to the donor or prospective donor unless
the person knows that the representation is untrue.
Added by Laws 2009, c. 139, § 18, eff. Nov. 1, 2009.
§63-2200.19. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.19A. Law governing validity and interpretation -
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 residence, or was a
national at the time the document of gift was executed.
B. If a document of gift is valid under this section, the law of
this state governs the interpretation of the document of gift.
C. A person may presume that a document of gift or amendment of
an anatomical gift is valid unless that person knows that it was not
validly executed or was revoked.
Added by Laws 2009, c. 139, § 19, eff. Nov. 1, 2009.
§63-2200.20. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.20A. Life Share Donor Registry.
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 who shall act on behalf of the Department by
carrying out the functions of the Department in the administration of
the registry, in compliance with 18 U.S.C. Section 2721. The
contract between the Department and the designated organ procurement
organization shall be subject to the concurrence and approval of the
Department of Public Safety.
2. The registry shall maintain and update as needed the
pertinent information on all Oklahomans who have indicated a
willingness to be an organ donor, eye donor or tissue donor by a
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designation on a driver license, a state identification card, a donor
card, an online or other organ donor registry enrollment form, or any
other document of gift.
3. The registry and all information therein shall be
confidential and shall be subject to access only by the designated
organ procurement organization and by eye banks and tissue banks
licensed by the State of Oklahoma seven (7) days a week, twenty-four
(24) hours per day; however, the personal information and highly
restricted personal information shall only be available to the
designated organ, tissue, and eye procurement organizations solely
for the purpose of identifying a potential donor and only when acting
on behalf of the State Department of Health as prescribed in
paragraph 1 of this subsection. The placement of any personal
information and highly restricted personal information on the
registry that, at the time of placement, was confidential under the
Open Records Act or the Driver’s Privacy Protection Act (DPPA), 18
U.S.C. Sections 2721 through 2725, shall remain confidential.
4. The purpose of the registry shall include, but not be limited
to:
a. providing a means of recovering an anatomical gift for
transplantation or research, and
b. collecting data to develop and evaluate the
effectiveness of educational initiatives promoting
organ, eye and tissue donation.
B. Procedures to administer the Life Share Donor Registry shall
specify:
1. The information placed in the registry may include personal
information and highly restricted personal information, as defined in
18 U.S.C. Section 2721, and access to such information shall conform
to the Driver’s Privacy Protection Act (DPPA), 18 U.S.C. Sections
2721 through 2725;
2. Authorization for the designated organ procurement
organization or an eye or tissue bank, licensed by the State of
Oklahoma, to analyze registry data under research protocols directed
toward determination and identification of the means to promote and
increase organ, eye and tissue donation within this state;
3. A process for updating information in the registry including
a method whereby an individual may revoke his or her intent to be an
organ, eye, or tissue donor;
4. The method for making information on the registry available
to the designated organ procurement organizations and to tissue banks
and eye banks licensed by the State of Oklahoma;
5. Limitations on the use of and access to the registry;
6. A toll-free telephone number, available twenty-four (24)
hours a day, for use by the public to obtain information on becoming
an organ, tissue or eye donor;
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7. A process for establishing, implementing, maintaining, and
administering an online organ, eye and tissue donor registration
process and ensuring the confidentiality of information provided;
8. A process for a donor who has registered online to sign a
confirmation card that will be returned to the designated organ
procurement organization and made part of the registry record; and
9. Procedures for collaborating with the Department of Public
Safety to transmit stored driver license data by the Department of
Public Safety, in conformance with 18 U.S.C. Section 2721, to the
Life Share Donor Registry maintained by the designated organ
procurement organization, and to ensure the confidentiality of such
information for present and potential donors. Monies credited to the
Oklahoma Organ Donor Education and Awareness Program Revolving Fund
created in Section 2220.3 of Title 63 of the Oklahoma Statutes may be
used for a one-time transfer to the Department of Public Safety for
the reasonable costs associated with the initial installation and
setup of equipment and software for electronic transfer of donor
information. All actual electronic transfers of donor information
shall be at no charge to the designated organ procurement
organization; however, all costs associated with the creation and
maintenance of the Life Share Donor Registry shall be paid by the
designated organ procurement organization.
C. Information obtained by the designated organ procurement
organization shall be used for the purpose of:
1. Establishing a statewide organ, eye, and tissue donor
registry that is accessible to designated organ procurement
organizations and to eye banks and tissue banks, licensed by the
State of Oklahoma, for the recovery, preservation, transportation,
and placement of organs, eyes, and tissue; and
2. Designated organ procurement organizations in other states
when an Oklahoma resident is a donor of an anatomical gift and is not
located in Oklahoma at the time of death or immediately before the
death of the donor.
Added by Laws 2009, c. 139, § 20, eff. Nov. 1, 2009.
§63-2200.21. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.21A. Effect of anatomical gift on advance health care
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;
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2. “Declaration” means a record signed by a prospective donor
specifying the circumstances under which a life support system may be
withheld or withdrawn from the prospective donor; and
3. “Health care decision” means any decision regarding the
health care of the prospective donor.
B. If a prospective donor has a declaration or advance health
care directive and the terms of the declaration or directive and the
express or implied terms of a potential anatomical gift are in
conflict with regard to the administration of measures necessary to
ensure the medical suitability of a part for transplantation or
therapy, the prospective donor’s attending physician and prospective
donor shall confer to resolve the conflict. If the prospective donor
is incapable of resolving the conflict, an agent acting under the
prospective donor’s declaration or directive, or, if none or the
agent is not reasonably available, another person authorized by law
other than this act to make health care decisions on behalf of the
prospective donor, shall act for the donor to resolve the conflict.
The conflict must be resolved as expeditiously as possible.
Information relevant to the resolution of the conflict may be
obtained from the appropriate procurement organization and any other
person authorized to make an anatomical gift for the prospective
donor under Section 9 of this act. Before resolution of the
conflict, measures necessary to ensure the medical suitability of the
part may not be withheld or withdrawn from the prospective donor if
withholding or withdrawing the measures is not contraindicated by
appropriate end-of-life care.
Added by Laws 2009, c. 139, § 21, eff. Nov. 1, 2009.
§63-2200.22. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.22A. Cooperation between medical examiner and procurement
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
organization that an anatomical gift might be available or was made
with respect to a decedent whose body is under the jurisdiction of
the medical examiner and a postmortem examination is going to be
performed, unless the medical examiner denies recovery in accordance
with Section 23 of this act, the medical examiner or designee shall
conduct a postmortem examination of the body or the part in a manner
and within a period compatible with its preservation for the purposes
of the gift.
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C. A part may not be removed from the body of a decedent under
the jurisdiction of a medical examiner for transplantation, therapy,
research, or education unless the part is the subject of an
anatomical gift. The body of a decedent under the jurisdiction of
the medical examiner may not be delivered to a person for research or
education unless the body is the subject of an anatomical gift. This
subsection does not preclude a medical examiner from performing the
medicolegal investigation upon the body or parts of a decedent under
the jurisdiction of the medical examiner.
Added by Laws 2009, c. 139, § 22, eff. Nov. 1, 2009.
§63-2200.23. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.23A. Facilitation of anatomical gift from body of decedent
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 medical
examiner. If the decedent’s body or part is medically suitable for
transplantation, therapy, research, or education, the medical
examiner shall release postmortem examination results to the
procurement organization. The procurement organization may make a
subsequent disclosure of the postmortem examination results or other
information received from the medical examiner only if relevant to
transplantation, therapy, research or education.
B. The medical examiner may conduct a medicolegal investigation
by reviewing all medical records, laboratory test results, x-rays,
other diagnostic results, and other information that any person
possesses about a donor or prospective donor whose body is under the
jurisdiction of the medical examiner that the medical examiner
determines may be relevant to the investigation.
C. A person who has any information requested by a medical
examiner pursuant to subsection B of this section shall provide that
information as expeditiously as possible to allow the medical
examiner to conduct the medicolegal investigation within a period
compatible with the preservation of parts for the purpose of
transplantation, therapy, research, or education.
D. If an anatomical gift has been or might be made of a part of
a decedent whose body is under the jurisdiction of the medical
examiner and a postmortem examination is not required, or the medical
examiner determines that a postmortem examination is required but
that the recovery of the part that is the subject of an anatomical
gift will not interfere with the examination, the medical examiner
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and procurement organization shall cooperate in the timely removal of
the part from the decedent for the purpose of transplantation,
therapy, research, or education.
E. The medical examiner and procurement organizations shall
enter into an agreement setting forth protocols and procedures to
govern relations between the parties when an anatomical gift of a
part from the decedent under the jurisdiction of the medical examiner
has been or might be made, but the medical examiner believes that the
recovery of the part could interfere with the postmortem
investigation into the decedent’s cause or manner of death.
Decisions regarding the recovery of organs, tissue and eyes from such
a decedent shall be made in accordance with the agreement. In the
event that the medical examiner denies recovery of an anatomical
gift, the procurement organization may request the Chief Medical
Examiner to reconsider the denial and to permit the recovery to
proceed. The parties shall evaluate the effectiveness of the
protocols and procedures at regular intervals but no less frequently
than every two (2) years.
F. If the medical examiner or designee allows recovery of a part
under subsection D or E of this section, the procurement
organization, upon request, shall cause the physician or technician
who removes the part to provide the medical examiner with a record
describing the condition of the part, a biopsy, a photograph, and any
other information and observations that would assist in the
postmortem examination.
G. If a medical examiner or designee is required to be present
at a removal procedure under subsection E of this section, upon
request the procurement organization requesting the recovery of the
part shall reimburse the medical examiner or designee for the
additional costs incurred in complying with subsection E of this
section.
Added by Laws 2009, c. 139, § 23, eff. Nov. 1, 2009.
§63-2200.24. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.24A. Uniformity of application and construction.
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.
§63-2200.25. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
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NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.25A. Relation to Electronic Signatures in Global and
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 delivery
of any of the notices described in Section 103(b) of that act, 15
U.S.C. Section 7003(b).
Added by Laws 2009, c. 139, § 25, eff. Nov. 1, 2009.
§63-2200.26. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.26A. References to act.
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.
§63-2200.27. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009.
NOTE: This section was held unconstitutional by the Oklahoma Supreme
Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102
(2009).
§63-2200.27A. Office of Chief Medical Examiner - Compensation from
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 Section
23 of this act.
Added by Laws 2009, c. 139, § 27, eff. Nov. 1, 2009.
§63-2201. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2202. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
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§63-2203. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2204. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2205. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2206. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2207. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2208. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2209. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2209.1. Permits - Rules.
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.
B. The State Board of Health shall promulgate rules necessary to
implement the provisions of this section which shall include, but not
be limited to:
1. Requirements for the tissue banks to submit an initial permit
application that identifies the proposed service area, the tissue
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transplantation patient needs in the service area, the probable
impact of the establishment and operation of the entity on other
tissue banks currently servicing the area, and whether the tissue
bank is a for profit or not for profit entity;
2. A requirement that tissue banks, within one (1) year after
receipt of a permit, be accredited by the American Association of
Tissue Banks or another nationally recognized accreditation
organization for tissue agencies;
3. Provisions that all tissue banks employ a procurement
technician or other technical operations personnel certified as a
Certified Tissue Bank Specialist by the American Association of
Tissue Banks or another nationally recognized accreditation or
certification organization for tissue agencies and personnel;
4. A requirement that each tissue bank maintain compliance with
federal Food and Drug Administration regulations;
5. A provision that each tissue bank have a medical director who
is a physician licensed to practice medicine in this state;
6. Requirements for tissue banks to give priority in tissue
distribution to the Oklahoma medical community and Oklahoma patients;
and
7. A requirement that each tissue bank submit an annual report
to the Department which shall provide the accreditation status of the
entity, report of regulatory or internal inspections that affect
quality, the certification status of personnel employed by the tissue
agency, identity and qualification of the current medical director,
type and geographic origins of donor tissue obtained, and units of
processed tissue used for patients in the service area of the tissue
bank.
C. A permit application or renewal thereof, shall be accompanied
by a non-refundable fee established by the Board of Health not to
exceed One Thousand Dollars ($1,000.00).
D. Upon receipt of a complete initial permit application, the
Department shall cause a public notice of the proposed tissue bank to
be published in a newspaper with the greatest circulation. The
Department shall also provide written notice of the permit
application to existing tissue banks in the state. Any person or
organization may submit written comments regarding the proposed
tissue bank to the Department.
E. The Department shall issue or deny an initial permit within
seventy-five (75) days after publication of the notice. All permits
shall be issued for a period not to exceed thirty-six (36) months and
shall automatically expire unless renewed.
F. The Department may deny, revoke, suspend or not renew a
permit for failure of a tissue bank to comply with the provisions of
this section or rules promulgated pursuant thereto. Any tissue bank
that has been determined by the Department to have violated any
provision of this section or rule promulgated pursuant thereto, is
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liable for an administrative penalty of no more than One Hundred
Dollars ($100.00) 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.
G. The issuance, denial, suspension, non-renewal or revocation
of a permit may be appealed under the provisions of Article II of the
Administrative Procedures Act, Section 308a of Title 75 of the
Oklahoma Statutes.
H. The Department may bring an action in a court of competent
jurisdiction for equitable relief to redress or restrain any entity
from providing tissue bank services without a valid permit. Said
court shall have jurisdiction to determine said action, and to grant
the necessary appropriate relief, including but not limited to,
mandatory or prohibitive injunctive relief or interim equitable
relief.
Added by Laws 1999, c. 278, § 4, eff. July 1, 1999. Amended by Laws
2001, c. 353, § 5, eff. Nov. 1, 2001.
§63-2210. Eye recovery by certified eye bank technicians - Eye
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, may recover eyes for such gift after proper certification of
death by a physician and compliance with the extent of such gift as
required by the Oklahoma Uniform Anatomical Gift Act.
2. No such properly certified eye bank technician acting in
accordance with the terms of this chapter shall have any liability,
civil or criminal, for such eye recovery.
B. No eye bank shall operate in Oklahoma unless the eye bank:
1. Within one (1) year after beginning operation, is accredited
by the Eye Bank Association of America or other nationally recognized
accrediting association for eye banks;
2. Employs an eye bank technician certified by the Eye Bank
Association of America or other nationally recognized accrediting or
certifying association for eye banks;
3. Has as its medical director a board-certified ophthalmic
surgeon licensed to practice in this state; and
4. Gives priority to the needs of patients being treated in
Oklahoma.
C. Before developing a new eye bank, the person proposing to
operate the eye bank shall apply to the State Commissioner of Health
for a permit. The permit application shall be in such form as the
Commissioner shall prescribe and shall include a demonstration of the
eye bank's probable impact on existing eye banks serving the area
where the new eye bank is to be located. The permit application
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shall be accompanied by a filing fee equal to one quarter of one
percent (.25%) of the capital cost of the proposed eye bank, with a
minimum fee of Five Hundred Dollars ($500.00).
D. Upon receipt of a completed permit application, the
Commissioner shall cause public notice to be published in a newspaper
of general circulation in the area where the eye bank is to be
located and in a newspaper of general circulation in the area where
the application is available for inspection. Any person may submit
written comments regarding the proposed eye bank to the Commissioner.
E. The Commissioner shall issue or deny the permit within
seventy-five (75) days after publication of the notice. A permit
shall expire thirty-six (36) months from the date of issue. If
construction is not completed on or before the permit's expiration
date, the permit shall be null and void.
F. Any issuance or denial of a permit may be appealed under
Article II of the Administrative Procedures Act, Section 308a of
Title 75 of the Oklahoma Statutes.
G. Each eye bank operating in this state shall report annually
to the Commissioner on a form prescribed by the Commissioner. The
form shall include information on the following:
1. The accreditation status of the eye bank;
2. The certification status of the eye bank technician;
3. The identity and qualifications of the medical director;
4. The numbers and geographic origins of donor corneas and whole
eyes; and
5. The numbers and geographic destinations of corneas and other
parts of eyes.
Added by Laws 1971, c. 147, § 1, emerg. eff. May 21, 1971, Amended
by Laws 1978, c. 137, § 1; Laws 1997, c. 281, § 3, eff. July 1, 1997;
Laws 2009, c. 139, § 28, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 314 was held unconstitutional by the
Oklahoma Supreme Court in the case of Weddington v. Henry, 202 P.3d
143, 2008 OK 102 (2009) and repealed by Laws 2009, c. 139, § 29, eff.
Nov. 1, 2009.
§63-2210.1. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2211. Donor notation on driver license.
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, the Department of
Public Safety shall make space available on the front and back of the
driver license and the identification card for an organ and tissue
donor notation. The donor notation shall identify the licensee or
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cardholder as an organ and tissue donor for the purposes of the
Uniform Anatomical Gift Act. Any person may have the organ and
tissue donor notation removed from the records of the person
maintained by the Department by notifying the Department in writing
or by presenting the license or identification card to the Department
or a motor license agent for replacement and payment of the
appropriate fee, pursuant to the provisions of Section 6-114 or
subsection H of Section 6-105 of Title 47 of the Oklahoma Statutes,
and informing the Department or motor license agent that the person
desires to have the organ and tissue donor notation removed from the
license or identification card.
Added by Laws 1983, c. 173, § 1, eff. Jan. 1, 1984. Amended by Laws
1987, c. 2, § 1, eff. Nov. 1, 1987; Laws 1992, c. 217, § 18, eff.
July 1, 1992; Laws 2004, c. 395, § 3, eff. July 1, 2004.
§63-2212. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2213. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2214. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2215. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2216. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2217. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2218. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
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NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2220.1. Short title.
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 Awareness Act.
There is hereby created the Organ Donor Education and Awareness
Program (ODEAP), the purpose of which shall be to promote and
encourage organ donor education and awareness in this state.
Added by Laws 2000, c. 279, § 1, eff. Nov. 1, 2000.
§63-2220.2. Organ donor education and awareness programs.
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 public on the importance of organ donation and
shall recommend priorities in the expenditures from the Oklahoma
Organ Donor Education and Awareness Program Fund.
B. In administering this act, the State Department of Health and
the State Department of Education are authorized, but not limited to:
1. Develop and implement educational programs and campaigns to
increase organ donation in Oklahoma;
2. Make policy recommendations for the promotion of organ
donation in Oklahoma;
3. Recommend priorities in the expenditures from the Oklahoma
Organ Donor Education Program Fund;
4. Accept and hold property; and
5. Utilize local resources including volunteers when
appropriate.
C. The State Department of Health and the State Department of
Education shall annually submit to the Governor and the Legislature a
report detailing its expenditures of fund monies, its activities, the
status of organ donation in the state, and any recommendations for
legislative changes by the first day of December beginning December
1, 2002.
Added by Laws 2000, c. 279, § 2, eff. Nov. 1, 2000. Amended by Laws
2013, c. 229, § 75, eff. Nov. 1, 2013.
§63-2220.3. Oklahoma Organ Donor Education and Awareness Program
Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the State Department of Health, to be designated the
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"Oklahoma Organ Donor Education and Awareness 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:
1. Any state monies appropriated for the purpose of implementing
the provisions of the Oklahoma Organ Donor Education and Awareness
Program Act; and
2. Any monies collected pursuant to this section or any other
monies available to the State Department of Health to implement the
provisions of the Oklahoma Organ Donor Education and Awareness
Program Act.
B. All monies accruing to the credit of the fund are hereby
appropriated and shall be budgeted and expended to promote and
encourage organ donor education and awareness.
C. Monies credited to the fund, excluding administrative fees
paid to the Oklahoma Tax Commission, may be used for, but are not
limited to:
1. Administration of the Oklahoma Organ Donor Education and
Awareness Program Act;
2. Development and promotion of organ donor public education and
awareness programs in cooperation with the Oklahoma Organ Sharing
Network including, but not limited to, the American Red Cross and the
Oklahoma Lions Eye Bank;
3. To assist in the publication of information pamphlets or
booklets by the State Department of Health and the State
Superintendent of Public Instruction regarding organ donation and
donations to the Oklahoma Organ Donor Education and Awareness Program
Revolving Fund. The State Department of Health shall distribute such
informational pamphlets or booklets to the Department of Public
Safety for distribution to applicants for original, renewal, or
replacement driver licenses and identification cards when making a
voluntary contribution pursuant to Section 2220.5 of this title and
to the Oklahoma Tax Commission for distribution to individuals when
making a voluntary contribution pursuant to the state income tax
check off provided for in Section 2220.4 of this title;
4. Implementation of organ donor education and awareness
programs in the elementary and secondary schools of this state by the
State Department of Education;
5. Grants by the State Department of Health to certified organ
procurement organizations for the development and implementation of
organ donor education and awareness programs in this state;
6. Encouraging the incorporation of organ donor information into
the medical and nursing school curriculums of the state's medical and
nursing schools. If funds are provided to a university for this
educational purpose, the university shall annually evaluate the
extent to which the curriculum has affected the attitudes of its
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students and graduates with regard to organ donation and shall
forward the evaluation results to the State Department of Health; and
7. A reserve fund in an interest-bearing account with five
percent (5%) of the monies received by the fund annually to be placed
in this account. No funds may be expended from the reserve fund
account until the required balance has reached One Hundred Thousand
Dollars ($100,000.00) and then these funds may only be used in years
when donations do not meet the average normal operating fee incurred
by the fund, and funds are expended to meet expenses. Once the
balance in the reserve fund account reaches One Hundred Thousand
Dollars ($100,000.00), excess funds earned by interest, and yearly
allocations may be used at the discretion of the State Department of
Health to cover operating costs and to provide additional funds.
D. The fund may accept bequests and grants from individuals,
corporations, organizations, associations, and any other source. The
fund supplements and augments services provided by state agencies and
does not take the place of such services.
E. 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. 279, § 3, eff. Nov. 1, 2000. Amended by Laws
2001, c. 131, § 13, eff. July 1, 2001; Laws 2012, c. 304, § 511; Laws
2013, c. 229, § 76, eff. Nov. 1, 2013.
§63-2220.4. Income tax return contributions.
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 contribution may not increase or decrease the income
or liability of the taxpayer and may be made by reducing the income
tax refund of a taxpayer by the amount designated or by accepting
additional payment from the taxpayer by the amount designated,
whichever is appropriate.
B. 1. The Oklahoma Tax Commission shall include on each state
individual income tax return form for tax years beginning after
December 31, 2001, an opportunity for the taxpayer to donate for the
benefit of the Oklahoma Organ Donor Education and Awareness Program
Fund. The instructions accompanying the income tax form shall be
provided to the Oklahoma Tax Commission by the State Department of
Health and shall contain a description of the purpose for which the
Oklahoma Organ Donor Education and Awareness Program Revolving Fund
was established and information on the use of monies from the income
tax contribution.
2. Taxpayers who are entitled to refunds shall have the refunds
reduced by the amount designated by the taxpayer. The Oklahoma Tax
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Commission shall annually determine the total amount designated plus
the amount received in excess payments and shall report the total
amount to the Office of the State Treasurer. The State Treasurer
shall credit the total amount to the Oklahoma Organ Donor Education
and Awareness Program Fund created in Section 2220.3 of this title at
the earliest possible time.
C. The incremental cost of administration of contributions shall
be paid out of the fund to the Oklahoma Tax Commission from amounts
received pursuant to this section before funds are expended for the
purposes of the fund.
Added by Laws 2000, c. 279, § 4, eff. Nov. 1, 2000. Amended by Laws
2001, c. 358, § 27, eff. July 1, 2001.
§63-2220.5. Driver license or identification applications -
Voluntary contributions.
A. 1. An applicant for an original or replacement driver
license or identification card shall be given an opportunity to make
a voluntary contribution of One Dollar ($1.00) to be credited to the
Oklahoma Organ Donor Education and Awareness Program Revolving Fund
established in Section 2220.3 of this title. Any voluntary
contribution shall be added to the driver license or identification
card fee and then be referred to the State Treasurer and credited to
the Oklahoma Organ Donor Education and Awareness Program Revolving
Fund as provided in Section 2220.3 of this title.
2. An applicant for a vehicle title or transfer of title or for
a vehicle license plate shall be given an opportunity to make a
minimum voluntary contribution of One Dollar ($1.00) to be credited
to the Oklahoma Organ Donor Education and Awareness Program Revolving
Fund established in Section 2220.3 of this title. Any voluntary
contribution shall be added to the title or license plate fee and
then be referred to the State Treasurer and credited to the Oklahoma
Organ Donor Education and Awareness Program Revolving Fund as
provided in Section 2220.3 of this title.
3. The contribution prescribed in this section is voluntary and
may be refused by the applicant. The Department of Public Safety and
the Oklahoma Tax Commission shall make available an information
booklet or other informational sources on the importance of organ
donation to applicants for licensure, as designed and provided by the
State Department of Health and the State Superintendent of Public
Instruction.
B. The Department of Public Safety and motor license agents
shall inquire of each applicant at the time of presentation of a
completed application for an original driver license or
identification card whether the applicant is interested in making the
One Dollar ($1.00) contribution prescribed in subsection A of this
section and whether the applicant is interested in being an organ and
tissue donor. The Department of Public Safety or motor license
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agents shall also specifically inform the applicant of the ability to
make an organ and tissue donation. The Department of Public Safety
shall notify the State Commissioner of Health of the name, address,
date of birth, and driver license number or identification card
number of applicants who indicate that they are interested in being
an organ donor.
C. The incremental cost of administration of contributions to
the fund, not to exceed one percent (1%) of the monies received
pursuant to the provisions of this section, shall be paid by the fund
to the Department of Public Safety or the Oklahoma Tax Commission, as
applicable, from amounts received pursuant to the provisions of this
section before funds are expended for the purposes of the fund.
Added by Laws 2000, c. 279, § 5, eff. Nov. 1, 2000. Amended by Laws
2001, c. 131, § 14, eff. July 1, 2001; Laws 2004, c. 395, § 4, eff.
July 1, 2004; Laws 2013, c. 229, § 77, eff. Nov. 1, 2013.
§63-2220.6. Education and awareness curricula for elementary and
secondary schools.
The State Superintendent of Public Instruction shall develop and
implement in conjunction with the State Department of Health an organ
donor education and awareness curriculum for use in the elementary
and secondary schools of this state. The State Board of Education
shall promulgate rules to enact the provisions of this section not
later than the 2001-2002 school year.
Added by Laws 2000, c. 279, § 6, eff. Nov. 1, 2000. Amended by Laws
2013, c. 229, § 78, eff. Nov. 1, 2013.
§63-2220.10. Repealed by Laws 2009, c. 139, § 30, eff. Nov. 1, 2009.
NOTE: Laws 2008, c. 382, § 318, which repealed this section, was
held unconstitutional by the Oklahoma Supreme Court in the case of
Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009).
§63-2220.11. Renumbered as § 848-2.20B of Title 74 by Laws 2002, c.
451, § 2, eff. July 1, 2002.
§63-2251. Renumbered as § 1-2300 of this title by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990. Also renumbered as § 1-2300 of this title
by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2252. Renumbered as § 1-2301 of this title by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990. Amended and also renumbered as § 1-2301 of
this title by Laws 1990, c. 225, §§ 1 and 11, respectively, eff.
Sept. 1, 1990.
§63-2253. Renumbered as §1-2302 of this title by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990.
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§63-2254. Renumbered as § 1-2303 of this title by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990. Amended and also renumbered as § 1-2303 of
this title by Laws 1990, c. 225, §§ 3 and 11, respectively, eff.
Sept. 1, 1990.
§63-2255.1. Renumbered as § 1-2401 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990. Renumbered as § 1-2401 of Title 63 by Laws
1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.2. Renumbered as § 1-2402 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990. Renumbered as § 1-2402 of Title 63 by Laws
1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.3. Renumbered as § 1-2403 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990. Renumbered as § 1-2403 of Title 63 by Laws
1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.4. Renumbered as § 1-2404 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990. Renumbered as § 1-2404 of Title 63 by Laws
1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.4A. Renumbered as § 1-2405 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2405 of Title 63 by
Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.5. Renumbered as § 1-2406 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990. Renumbered as § 1-2406 of Title 63 by Laws
1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.6. Renumbered as § 1-2407 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990. Renumbered as § 1-2407 of Title 63 by Laws
1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.7. Renumbered as § 1-2408 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990. Renumbered as § 1-2408 of Title 63 by Laws
1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.8. Renumbered as § 1-2409 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990. Renumbered as § 1-2409 of Title 63 by Laws
1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2255.9. Renumbered as § 1-2410 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990. Renumbered as § 1-2410 of Title 63 by Laws
1990, c. 225, § 11, eff. Sept. 1, 1990.
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§63-2255.10. Renumbered as § 1-2411 of Title 63 by Laws 1990, c.
217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2411 of Title 63 by
Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
§63-2256. Renumbered as § 1-2412 of Title 63 by Laws 1990, c. 225, §
11, eff. Sept. 1, 1990.
§63-2257. Renumbered as § 1-2413 of Title 63 by Laws 1990, c. 217, §
10, eff. Sept. 1, 1990 and Laws 1990, c. 225, § 11, eff. Sept. 1,
1990.
§63-2258. Renumbered as § 1-2414 of this title by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept.
1, 1990.
§63-2258.2. Renumbered as § 1-2415 of Title 63 by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept.
1, 1990.
§63-2258.3. Renumbered as § 1-2416 of Title 63 by Laws 1990, c. 210,
§ 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept.
1, 1990.
§63-2258.4. Renumbered as § 1-2416.1 of this title by Laws 1991, c.
336, § 10, eff. July 1, 1991.
§63-2259. Renumbered as § 1-2417 of Title 63 by Laws 1990, c. 217, §
10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept. 1,
1990.
§63-2259.1. Repealed by Laws 1990, c. 225, § 12, eff. Sept. 1, 1990.
§63-2260. Renumbered as § 1-2418 of this title by Laws 1990, c. 217,
§ 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept.
1, 1990.
§63-2261. Renumbered as § 1-2419 of Title 63 by Laws 1990, c. 217, §
10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept. 1,
1990.
§63-2263. Repealed by Laws 1990, c. 225, § 12, eff. Sept. 1, 1990.
§63-2264. Repealed by Laws 1990, c. 225, § 12, eff. Sept. 1, 1990.
§63-2351. Definitions.
As used in this act:
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1. "Safety glazing material" means any glazing material, such as
tempered glass, laminated glass, wire glass or rigid plastic, which
meets the test requirements of ANSI Standard Z-97.1-1966 and such
further requirements as may be adopted by the State Health Department
after notice and hearing as required by the Administrative Procedures
Act, and which are so constructed, treated or combined with other
materials as to minimize the likelihood of cutting and piercing
injuries resulting from human contact with the glazing material.
2. "Hazardous locations" means those installations, glazed or to
be glazed in commercial and public buildings, known as framed or
unframed glass extrance doors; and those installations, glazed or to
be glazed in residential buildings and other structures used as
dwellings, commercial buildings, and public buildings, known as
sliding glass doors, storm doors, shower doors, bathtub enclosures,
and fixed glazed panels adjacent to entrance and exit doors which
because of their location present a barrier in the normal path
traveled by persons going into or out of these buildings, and because
of their size and design may be mistaken as means of ingress or
egress; and any other installation, glazed or to be glazed, wherein
the use of other than safety glazing materials would constitute an
unreasonable hazard as the State Department of Health may determine
after notice and hearings as required by the Administrative
Procedures Act; whether or not the glazing in such doors, panels,
enclosures and other installations is transparent.
Added by Laws 1971, c. 217, § 1, eff. Jan. 1, 1972.
§63-2352. Labeling.
Each light of safety glazing material manufactured, distributed,
imported or sold for use in hazardous locations or installed in such
a location within the State of Oklahoma shall be permanently labeled
by such means as etching, sandblasting or firing ceramic material on
the safety glazing material. The label shall identify the labeler,
whether manufacturer, fabricator or installer, and the nominal
thickness and the type of safety glazing material and the fact that
said material meets the test requirements of ANSI Standard Z-97.1-
1966 and such other further requirements as may be adopted by the
State Health Department. The label must be legible and visible after
installation. Such safety glazing labeling shall not be used on
other than safety glazing materials.
Added by Laws 1971, c. 217, § 2, eff. Jan. 1, 1972.
§63-2353. Safety glazing materials required in hazardous locations.
It shall be unlawful within the State of Oklahoma to knowingly
sell, fabricate, assemble, glaze, install, consent or cause to be
installed glazing material other than safety glazing materials in, or
for use in, any hazardous location as defined in Section 1, paragraph
2.
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Added by Laws 1971, c. 217, § 3, eff. Jan. 1, 1972.
§63-2354. Employees - Nonliability.
No liability under this act shall be created as to workmen who
are employees of a contractor, subcontractor or other employer
responsible for compliance with this act.
Added by Laws 1971, c. 217, § 4, eff. Jan. 1, 1972.
§63-2355. Law governing.
Local ordinances that substantially comply to this act shall take
precedence over this act.
Added by Laws 1971, c. 217, § 5, eff. Jan. 1, 1972.
§63-2356. Penalties.
Whoever violates the provisions of this act shall be guilty of a
misdemeanor and upon conviction thereof, shall be sentenced to pay a
fine of not less than Five Hundred Dollars ($500.00) or imprisonment
of not more than one (1) year, or both.
Added by Laws 1971, c. 217, § 6, eff. Jan. 1, 1972.
§63-2407. Short title.
Sections 2407 through 2415 of this title shall be known and may
be cited as the "Oklahoma Legal Interpreter for the Deaf and Hard-of-
Hearing Act".
Added by Laws 1982, c. 290, § 1. Amended by Laws 2005, c. 395, § 1,
eff. Nov. 1, 2005.
§63-2408. Definitions.
As used in the Oklahoma Legal Interpreter for the Deaf and Hard-
of-Hearing Act:
1. "Deaf person" or “hard-of-hearing person” means an individual
whose sense of hearing is nonfunctional for the ordinary purposes of
life, and also may include a person who is deaf-blind, meaning a deaf
or hard-of-hearing person whose vision is also nonfunctional for the
ordinary purposes of life;
2. "Qualified legal interpreter" means:
a. an individual certified by the State Board of Examiners
of Certified Courtroom Interpreters, or
b. (1) an individual who possesses the knowledge and
skills necessary to accurately and impartially
interpret spoken English into the equivalent
visual languages and modes, and currently
certified by the National Registry of Interpreters
for the Deaf as one of the following:
(a) Specialist Certificate: Legal (SC:L). In
the event none are available, then
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(b) Certificate of Interpretation and Certificate
of Transliteration (CI & CT), Comprehensive
Skills Certificate (CSC), or National
Association of the Deaf Certificate Level 5
(NAD5),
(2) an individual who possesses the knowledge and
skills necessary to accurately and impartially
transliterate for a person who is oral or
nonsigning using the equivalent oral or captioned
mode, and is currently certified by the National
Registry of Interpreters for the Deaf as one of
the following:
(a) Specialist Certificate: Oral Transliteration
Certificate (OTC). In the event none are
available, then
(b) Specialist Certificate: Legal (SC:L). In
the event none are available, then
(c) Certificate of Interpretation and Certificate
of Transliteration (CI & CT), Comprehensive
Skills Certificate (CSC), or National
Association of the Deaf Certificate Level 5
(NAD5). In the event none are available,
then a recognized national or state
certifying body of captionists, or
(3) an individual who:
(a) is deaf or hard-of-hearing who possesses the
knowledge, skills, specialized training and
experience to enhance communication with
persons who are deaf or hard-of-hearing and
whose communication modes are so unique that
they cannot be adequately assessed by
interpreters who are hearing, and
(b) holds the following qualifications as a deaf
interpreter: National Registry of
Interpreters for the Deaf, Certified Deaf
Interpreter (CDI); in the event none are
available, then an Oklahoma QAST Deaf
Evaluator may be utilized; and
3. "Appointing authority" means any court, department, board,
commission, agency, licensing authority, political subdivision or
municipality of the state.
Added by Laws 1982, c. 290, § 2. Amended by Laws 2005, c. 395, § 2,
eff. Nov. 1, 2005.
§63-2409. Appointment of interpreter in court action or grand jury
proceeding.
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A. In any case before any state or local court or grand jury,
wherein a person who is deaf or hard-of-hearing is a litigant,
defendant, spectator as required by subtitle A of Title II of the
Americans with Disabilities Act, Pub. L. 101-336, witness, party,
prospective juror, or juror, the court shall, upon request, appoint a
qualified legal interpreter to interpret the proceedings to the deaf
or hard-of-hearing person and interpret testimony or statements and
to assist in preparation with counsel. The court shall also appoint
a qualified legal interpreter, upon request, for any party proceeding
in forma pauperis in an action before the court. The individual who
is deaf or hard-of-hearing shall determine which type of qualified
legal interpreter best fits the needs of the individual.
B. Efforts to obtain the services of a qualified legal
interpreter with the highest available level of certification, skill
and specialized training in the area of legal interpretation for the
deaf or hard-of-hearing will be made prior to accepting services of
an interpreter with lesser certification and skill. Once a qualified
legal interpreter is appointed, the interpreter shall be afforded the
time necessary to make a language assessment in order to ensure
effective communication, and to assess whether a deaf interpreter may
also be necessary. Based on the language assessment, the interpreter
will make recommendations to the court.
C. The provisions of this section shall be construed in
conjunction with Sections 1 through 10 of Senate Bill No. 779 of the
1st Session of the 50th Oklahoma Legislature, if that bill is
enacted.
Added by Laws 1982, c. 290, § 3. Amended by Laws 1989, c. 194, § 1,
eff. Nov. 1, 1989; Laws 1995, c. 73, § 2, emerg. eff. April 12, 1995;
Laws 2005, c. 395, § 3, eff. Nov. 1, 2005.
§63-2410. Arrests - Appointment of interpreter.
A. In the event a person who is deaf or hard-of-hearing is
arrested and taken into custody for any alleged violation of a
criminal law of this state or for civil contempt, a qualified legal
interpreter shall be obtained through any interpreter service agency
providing qualified legal interpreting services for the deaf and
hard-of-hearing or with individuals who meet the qualifications for a
qualified legal interpreter in order to communicate to the person
that person’s legal rights and to interview and interrogate properly.
No statement taken from such deaf or hard-of-hearing person before a
qualified legal interpreter is present shall be admissible in court.
The individual who is deaf or hard-of-hearing shall determine which
type of qualified legal interpreter best fits the needs of the
individual.
B. The provisions of this section shall be construed in
conjunction with Sections 1 through 10 of Senate Bill No. 779 of the
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1st Session of the 50th Oklahoma Legislature, if that bill is
enacted.
Added by Laws 1982, c. 290, § 4. Amended by Laws 2005, c. 395, § 4,
eff. Nov. 1, 2005.
§63-2411. Administrative proceedings - Appointment of interpreter.
In any proceeding before any department, board, commission,
agency or licensing authority of the state, in any political
subdivision or municipality, wherein any deaf or hard-of-hearing
person is a defendant, applicant, spectator as required by subtitle A
of Title II of the Americans with Disabilities Act, Pub. L. 101-336,
complainant, principal witness or party, such department, board,
commission, agency, licensing authority, political subdivision or
municipality shall appoint a qualified legal interpreter upon request
of the deaf or hard-of-hearing individual. The individual who is
deaf or hard-of-hearing shall determine which type of qualified legal
interpreter best fits the needs of the individual. It shall be the
duty of the appointing authority to inform the deaf or hard-of-
hearing person of the rights of that person to the services of an
interpreter.
Added by Laws 1982, c. 290, § 5. Amended by Laws 1989, c. 194, § 2,
eff. Nov. 1, 1989; Laws 2005, c. 395, § 5, eff. Nov. 1, 2005.
§63-2412. Notice of necessity of interpreter - Proof of hearing
loss.
Every deaf or hard-of-hearing person whose appearance in any
proceeding entitles that person to a qualified legal interpreter
shall make a good faith effort to notify the appointing authority of
the desire of the person for an interpreter. An appointing authority
may require a person requesting the appointment of an interpreter to
furnish reasonable proof of hearing loss when the appointing
authority has reason to believe that the person does not have a
hearing loss.
Added by Laws 1982, c. 290, § 6. Amended by Laws 2005, c. 395, § 6,
eff. Nov. 1, 2005.
§63-2413. Request for interpreter.
It shall be the responsibility of the appointing authority to
request interpreter services through any interpreter service agency
providing qualified legal interpreting services for the deaf and
hard-of-hearing or with individuals who meet the qualifications for a
qualified legal interpreter.
Added by Laws 1982, c. 290, § 7. Amended by Laws 1986, c. 7, § 3,
eff. July 1, 1986; Laws 1995, c. 73, § 3, emerg. eff. April 12, 1995;
Laws 2005, c. 395, § 7, eff. Nov. 1, 2005.
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§63-2413.1. Contracts with employees of other state agencies for
interpreter services.
Any agency of this state that requires the services of a
qualified interpreter for a deaf person is authorized to enter into
contracts with employees of other state agencies if the work hours of
employment would not be contemporaneous except as otherwise
authorized by the agency who is the employer of such interpreter.
Added by Laws 1988, c. 69, § 1, emerg. eff. March 25, 1988.
§63-2414. Oath or affirmation of true interpretation.
Before a qualified legal interpreter may participate in any
proceedings under the provisions of the Oklahoma Legal Interpreter
for the Deaf and Hard-of-Hearing Act, such interpreter shall make an
oath or affirmation that the interpreter will make a true
interpretation in the manner most readily understood by the person
who is deaf or hard-of-hearing.
Added by Laws 1982, c. 290, § 8. Amended by Laws 2005, c. 395, § 8,
eff. Nov. 1, 2005.
§63-2415. Interpreter’s fees – Recess periods.
A. A qualified legal interpreter appointed under the provisions
of the Oklahoma Legal Interpreter for the Deaf and Hard-of-Hearing
Act shall be entitled to the prevailing rate for qualified legal
interpreters in this state; provided, any interpreter who is
appointed pursuant to Section 2409 or 2410 of this title shall be
paid in accordance with the fee schedule established pursuant to
Section 7 of Senate Bill No. 779 of the 1st Session of the 50th
Oklahoma Legislature, if that bill is enacted. Prior to the
establishment of a fee schedule or if Senate Bill No. 779 of the 1st
Session of the 50th Oklahoma Legislature is not enacted, payment
shall be the prevailing rate for qualified legal interpreters in this
state. When the interpreter is appointed by a court, the fee shall
be paid out of the local court fund as provided for in Section 1304
of Title 20 of the Oklahoma Statutes and when the interpreter is
otherwise appointed, the fee shall be paid by the appointing
authority. The person for whom the interpreter is appointed shall
not be assessed a reimbursement fee.
B. The appointing authority shall provide recess periods as
necessary for the qualified legal interpreter as determined by the
interpreter.
Added by Laws 1982, c. 290, § 9. Amended by Laws 1989, c. 194, § 3,
eff. Nov. 1, 1989; Laws 1995, c. 73, § 4, emerg. eff. April 12, 1995;
Laws 1999, c. 11, § 1, emerg. eff. April 5, 1999; Laws 2005, c. 395,
§ 9, eff. Nov. 1, 2005.
§63-2416. Short title.
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This act shall be known and may be cited as the
"Telecommunications for the Deaf and Hard-of-Hearing Act".
Added by Laws 1986, c. 183, § 1, eff. July 1, 1986. Amended by Laws
1998, c. 246, § 24, eff. Nov. 1, 1998.
§63-2417. Duties and responsibilities of State Department of
Rehabilitation Services.
The State Department of Rehabilitation Services is hereby
directed to:
1. Provide for the availability, distribution and maintenance,
at no cost to qualified individuals with hearing or speech
disabilities, or both, telecommunication devices and ring-signaling
devices compatible with the telecommunications relay services for
deaf or hard-of-hearing and speech-impaired individuals requirements
of the Americans with Disabilities Act of 1990 and regulations
promulgated thereunder; and
2. Design and implement a needs assessment test so that
individuals with hearing or speech disabilities, or both, are
benefited by this program. Provided, however, that no equipment and
maintenance shall be provided without charge for those individuals
meeting more than two hundred percent (200%) of the income guidelines
for food stamps. The State Department of Rehabilitation Services
shall develop a sliding scale to provide equipment and maintenance to
individuals exceeding the needs test specified by this paragraph.
Added by Laws 1986, c. 183, § 2, eff. July 1, 1986. Amended by Laws
1993, c. 364, § 19, emerg. eff. June 11, 1993; Laws 1994, c. 315, §
13, eff. July 1, 1994; Laws 1998, c. 246, § 25, eff. Nov. 1, 1998.
§63-2418. Telephone access line surcharge - Telecommunications for
the Hearing Impaired Revolving Fund.
A. There is hereby imposed a surcharge of five cents ($0.05) per
local exchange telephone access line per month to pay for the
equipment and maintenance program provided for in Section 2417 of
this title and to provide for other needed services for the deaf,
severely hard-of-hearing, severely speech-impaired and deaf-blind
programs administered through the State Department of Rehabilitation
Services, such surcharge to be paid by each local exchange subscriber
to local telephone service in this state, unless such subscriber is
otherwise exempt from taxation.
B. The surcharge shall be collected on the regular monthly bill
by each local exchange telephone company operating in this state and
shall be remitted quarterly to the Oklahoma Tax Commission no later
than twenty (20) days following the end of each quarter.
C. There is hereby created in the State Treasury the
Telecommunications for the Deaf and Hard-of-Hearing Revolving Fund.
The fund shall consist of monies imposed in subsection A of this
section. All monies accruing to the fund are hereby appropriated and
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may be budgeted and expended by the State Department of
Rehabilitation Services. The fund shall be a continuing fund not
subject to fiscal year limitations and expenditures from said fund
shall be made upon warrants issued by the State Treasurer against
claims submitted to the Director of the Office of Management and
Enterprise Services for the purpose of implementation of this act.
Added by Laws 1986, c. 183, § 3, eff. July 1, 1986. Amended by Laws
1987, c. 5, § 140, operative March 31, 1987; Laws 1987, c. 196, § 17,
operative July 1, 1987; Laws 1994, c. 315, § 14, eff. July 1, 1994;
Laws 1998, c. 246, § 26, eff. Nov. 1, 1998; Laws 2012, c. 357, § 3,
eff. July 1, 2012; Laws 2013, c. 15, § 78, emerg. eff. April 8, 2013.
NOTE: Laws 2012, c. 304, § 512 repealed by Laws 2013, c. 15, § 79,
emerg. eff. April 8, 2013.
§63-2418.1. Certified local exchange telephone companies -
Compliance with federal legislation - Assessment of surcharge.
Each certified local exchange telephone company shall comply with
the provisions of the Americans with Disabilities Act of 1990 and
regulations promulgated thereunder relating to telecommunications
relay services for deaf and hard-of-hearing and speech-impaired
individuals and shall assess a surcharge to each customer on a per
line per month basis to recover the costs associated with such
compliance and advise the Commission of any changes.
Added by Laws 1994, c. 315, § 15, eff. July 1, 1994. Amended by Laws
1998, c. 246, § 27, eff. Nov. 1, 1998.
§63-2419. Collection of revenues to cease under certain conditions.
If the revenues collected under this act exceed the costs of
operating the program provided for in this act, and if such excess at
any time equals the three-year average of expenditures under this act
then such collections shall cease until one half of such surplus has
been exhausted.
Added by Laws 1986, c. 183, § 4, eff. July 1, 1986.
§63-2451. Renumbered as § 1-2517 of this title by Laws 1999, c. 156,
§ 5, eff. Nov. 1, 1999.
§63-2452. Renumbered as § 1-2518 of this title by Laws 1999, c. 156,
§ 5, eff. Nov. 1, 1999.
§63-2453. Renumbered as § 1-2519 of this title by Laws 1999, c. 156,
§ 5, eff. Nov. 1, 1999.
§63-2454. Renumbered as § 1-2520 of this title by Laws 1999, c. 156,
§ 5, eff. Nov. 1, 1999.
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§63-2455. Renumbered as § 1-2521 of this title by Laws 1999, c. 156,
§ 5, eff. Nov. 1, 1999.
§63-2501. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2502. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2503. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2504. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2505. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2506. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2507. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2508. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2508.1. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2509. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2510. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2511. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2512. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2513. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2514. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2521. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2522. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2523. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2524. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2525. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2525.1. Renumbered as § 2508.1 of this title by Laws 1995, c.
204, § 9, eff. July 1, 1995.
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§63-2525.2. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2525.3. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2525.4. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2525.5. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2525.6. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2525.7. Repealed by Laws 2003, c. 197, § 58, eff. Nov. 1, 2003.
§63-2526. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2527. Repealed by Laws 1994, c. 100, § 3, eff. Sept. 1, 1994.
§63-2528.1. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.2. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.3. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.4. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.5. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.6. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.7. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.8. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.9. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-2528.10. Repealed by Laws 2011, c. 278, § 54 and Laws 2011, c.
360, § 43.
§63-1-2550. Repealed by Laws 1999, c. 93, § 10, eff. Nov. 1, 1999.
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§63-2550.1. Definitions.
As used in Sections 2550.1 through 2550.4 of this title:
1. “Covered person” means an individual who receives medical
care and treatment through a managed care plan. In the case of a
minor child, the term includes the parent or legal guardian of the
child and, in the case of an incapacitated or partially incapacitated
person, the legal guardian of that person;
2. “Degenerative and disabling condition or disease” means a
condition or disease caused by a congenital or acquired injury or
illness that requires a specialized rehabilitation program or a high
level of care, service, resources or continued coordination of care
in the community;
3. “Designee of the covered person” means an individual
designated by the covered person to represent the interests of the
covered person, including the covered person’s provider;
4. “Managed care plan” means a plan operated by a managed care
entity, including the Oklahoma State and Education Employees Group
Insurance Board, that provides for the financing and delivery of
health care services to persons enrolled in such plan through:
a. arrangements with selected providers to furnish health
care services,
b. standards for the selection of participating providers,
c. organizational arrangements for ongoing quality
assurance, utilization review programs, and dispute
resolution, and
d. financial incentives for persons enrolled in the
managed care plan to use the participating providers
and procedures provided for by the managed care plan;
provided, however, the term “managed care plan” shall not include a
preferred provider organization (PPO) as defined in Section 6054 of
Title 36 of the Oklahoma Statutes, or a certified workplace medical
plan as defined in Section 14.2 of Title 85 of the Oklahoma Statutes;
5. “Provider” shall have the same meaning as such term is
defined by a health maintenance organization, an indemnity plan or a
preferred provider organization; and
6. “Treatment plan” means a proposal developed for a covered
person that is specifically tailored to the individual’s treatment
needs for a specific illness or condition, and that includes, but is
not limited to:
a. a statement of treatment goals or objectives, based
upon and related to a medical evaluation,
b. treatment methods and procedures to be used to obtain
these goals, and
c. identification of the types of professional personnel
who will carry out the treatment procedures.
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Added by Laws 1999, c. 361, § 1, eff. Nov. 1, 1999. Amended by Laws
2000, c. 292, § 4, eff. Nov. 1, 2000.
§63-2550.2. Referral to and treatment by specialist.
A. A managed care plan that has no participating provider for a
covered benefit requiring a specialist shall arrange for a referral
to a specialist with expertise in treating the covered benefit. The
specialist shall agree to abide by the terms of the plan’s provider
contract if the terms are commensurate with the terms of contracts
for similar specialists.
B. 1. A managed care plan shall include procedures by which a
covered person in a managed care plan, upon diagnosis by a primary
care provider of a condition that without specialized treatment would
result in deleterious outcomes that would threaten life or limb or a
degenerative and disabling condition or disease, either of which
requires specialized medical care over a prolonged period of time,
may be referred to a specialist with expertise in treating such
condition or disease.
2. The specialist may be responsible for and may provide and
coordinate the covered person’s primary and specialty care only if
the specialist is willing to abide by the terms of the plan’s
contract and capable of providing such care.
3. If the managed care plan, or the primary care provider in
consultation with the managed care plan and the specialist, if any,
determines that the most appropriate coordinator of the covered
person’s care is a specialist, the managed care plan shall authorize
a referral of the covered person to the specialist. In no event
shall a managed care plan be required to permit a covered person to
elect treatment by a nonparticipating specialist, except pursuant to
the provisions of subsection A of this section.
C. 1. A referral pursuant to this section shall be pursuant to
a treatment plan agreed to by the managed care plan, the specialist
and the primary care provider which complies with the covered
benefits of the health plan and which is developed in consultation
with the primary care provider, if appropriate, the specialist, and
the covered person or the designee of the covered person.
2. Subject to the terms of the treatment plan agreed to by the
managed care plan, the specialist and the primary care provider and
subject to the terms of the plan’s contract, a specialist shall be
permitted to treat the covered person without a referral from the
covered person’s primary care provider and may authorize referrals,
procedures, tests and other medical services as the covered person’s
primary care provider would otherwise be permitted to provide or
authorize.
3. If a managed care plan refers a covered person to a
nonparticipating specialist, services provided pursuant to the
treatment plan shall be provided pursuant to the provisions of
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subsection A of this section at no additional cost to the covered
person beyond what the covered person would otherwise pay for
services received within the network of the managed care plan.
D. A managed care plan shall implement procedures for a standing
referral to a specialist if the primary care provider determines in
consultation with the specialist and the managed care plan that a
covered person needs continuing care from a specialist. The referral
shall be made pursuant to a treatment plan that complies with covered
benefits of the managed care plan.
Added by Laws 1999, c. 361, § 2, eff. Nov. 1, 1999.
§63-2550.3. Termination of participating providers – Procedures and
conditions.
A. Every managed care plan shall establish procedures governing
termination of a participating provider who is terminated for reasons
other than cause. The procedures shall include assurance of
continued coverage of services, at the contract terms and price by a
terminated provider for up to ninety (90) calendar days from the date
of notice to the covered person, for a covered person who:
1. Has a degenerative and disabling condition or disease;
2. Has entered the third trimester of pregnancy. Additional
coverage of services by the terminated provider shall continue
through at least six (6) weeks of postpartum evaluation; or
3. Is terminally ill.
B. 1. If a participating provider voluntarily chooses to
discontinue participation as a network provider in a managed care
plan, the managed care plan shall permit a covered person to continue
an ongoing course of treatment with the disaffiliated provider during
a transitional period:
a. of up to ninety (90) days from the date of notice to
the managed care plan of the provider’s disaffiliation
from the managed care plan’s network, or
b. that includes delivery and postpartum care if the
covered person has entered the third trimester of
pregnancy at the time of the provider’s disaffiliation.
2. If a provider voluntarily chooses to discontinue
participation as a network provider participating in a managed care
plan, such provider shall give at least a ninety-day notice of the
disaffiliation to the managed care plan. The managed care plan shall
immediately notify the disaffiliated provider’s patients of that
fact.
3. Notwithstanding the provisions of paragraph 1 of this
subsection, continuing care shall be authorized by the managed care
plan during the transitional period only if the disaffiliated
provider agrees to:
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a. continue to accept reimbursement from the managed care
plan at the rates applicable prior to the start of the
transitional period as payment in full,
b. adhere to the managed care plan’s quality assurance
requirements and to provide to the managed care plan
necessary medical information related to such care,
and
c. otherwise adhere to the managed care plan’s policies
and procedures, including, but not limited to,
policies and procedures regarding referrals, and
obtaining preauthorization and treatment plan approval
from the managed care plan.
Added by Laws 1999, c. 361, § 3, eff. Nov. 1, 1999.
§63-2550.4. Nonformulary or prior-authorized drugs - Approval.
A. A managed care plan that has a closed formulary or that
requires prior authorization to obtain certain drugs shall approve or
disapprove a provider’s or a covered person’s request for a
nonformulary drug or a drug that requires prior authorization within
twenty-four (24) hours of receipt of such request.
B. If the managed care plan does not render a decision within
twenty-four (24) hours, the provider or covered person shall be
entitled to a seventy-two-hour supply of the drug. The managed care
plan shall then approve or disapprove the request for a nonformulary
drug or prior authorized drug within the additional seventy-two-hour
period.
C. Failure of the managed care plan to respond within the
subsequently allowed seventy-two-hour period shall be deemed as
approval of the request for the nonformulary drug or prior authorized
drug; provided, however, the approval shall be subject to the terms
of the managed care plan’s drug formulary; provided further, the
purchase of the approved drug shall be at no additional cost to the
covered person beyond what the covered person would otherwise pay for
a prescription pursuant to the managed care plan.
D. All providers and covered persons in a managed care plan
shall be provided with a copy of the plan’s drug prior authorization
process upon initial contracting or enrollment and at the time of
enactment of any subsequent changes to the process.
Added by Laws 1999, c. 361, § 4, eff. Nov. 1, 1999.
§63-2551. Short title.
This act shall be known and may be cited as "The Uniform Duties
to Disabled Persons Act."
Added by Laws 1975, c. 212, § 1, emerg. eff. May 27, 1975.
§63-2552. Definitions.
In the Uniform Duties to Disabled Persons Act:
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1. "Disabled condition" means the condition of being
unconscious, semiconscious, incoherent or otherwise incapacitated to
communicate;
2. "Disabled person" means a person in a disabled condition;
3. "The emergency symbol" means the caduceus inscribed within a
six-barred cross used by the American Medical Association to denote
emergency information;
4. "Identifying device" means an identifying bracelet, necklace,
metal tag or similar device bearing the emergency symbol and the
information needed in an emergency; and
5. "Medical practitioner" 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.
Added by Laws 1975, c. 212, § 2, emerg. eff. May 27, 1975. Amended
by Laws 2000, c. 52, § 7, emerg. eff. April 14, 2000.
§63-2553. Identifying devices and identification cards.
A. A person who suffers from epilepsy, diabetes, a cardiac
condition or any other type of illness that causes temporary
blackouts, semiconscious periods or complete unconsciousness, or who
suffers from a condition requiring specific medication or medical
treatment, is allergic to certain medications or items used in
medical treatment, wears contact lenses, has religious objections to
certain forms of medication or medical treatment, or is unable to
communicate coherently or effectively in the English language, is
authorized and encouraged to wear an identifying device.
B. Any person may carry an identification card bearing his name,
type of medical condition, physician's name and other medical
information.
C. By wearing an identifying device a person gives his consent
for any who finds him in a disabled condition to make a reasonable
search if warranted of his clothing or other effects for an
identification card of the type described in subsection B.
Added by Laws 1975, c. 212, § 3, emerg. eff. May 27, 1975.
§63-2554. Duties of law enforcement officers.
A. A law enforcement officer shall make a diligent effort to
determine whether any disabled person he finds is an epileptic or a
diabetic or suffers from some other type of illness that would cause
the condition. Whenever feasible, this effort shall be made before
the person is charged with a crime or taken to a place of detention.
B. In seeking to determine whether a disabled person suffers
from an illness, a law enforcement officer shall make a reasonable
search for an identifying device and an identification card of the
type described in subsection B, Section 3 of this act, and examine
them for emergency information. The law enforcement officer may not
search for an identifying device or an identification card in a
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manner or to an extent that would appear to a reasonable person in
the circumstances to cause an unreasonable risk of worsening the
disabled person's condition.
C. A law enforcement officer who finds a disabled person without
an identifying device or identification card is not relieved of his
duty to that person to make a diligent effort to ascertain the
existence of any illness causing the disabled condition.
D. A cause of action against a law enforcement officer does not
arise from his making a reasonable search of the disabled person to
locate an identifying device or identification card, even though the
person is not wearing an identifying device or carrying an
identification card.
E. A law enforcement officer who determines or has reason to
believe that a disabled person is suffering from an illness causing
his condition shall promptly notify the person's physician, if
practicable. If the officer is unable to ascertain the physician's
identity or to communicate with him, the officer shall make a
reasonable effort to cause the disabled person to be transported
immediately to a medical practitioner or to a facility where medical
treatment is available. If the officer believes it unduly dangerous
to move the disabled person, he shall make a reasonable effort to
obtain the assistance of a medical practitioner.
Added by Laws 1975, c. 212, § 4, emerg. eff. May 27, 1975.
§63-2555. Medical practitioners - Duties - Liability.
A. A medical practitioner, in discharging his duty to a disabled
person whom he has undertaken to examine or treat, shall make a
reasonable search for an identifying device or identification card of
the type described in subsection B, Section 3 of this act, and
examine them for emergency information.
B. A cause of action against a medical practitioner does not
arise from his making a reasonable search of a disabled person to
locate an identifying device or identification card, even though the
person is not wearing an identifying device or carrying an
identification card.
Added by Laws 1975, c. 212, § 5, emerg. eff. May 27, 1975.
§63-2556. Persons other than law enforcement officers or medical
practitioners.
A. A person, other than a law enforcement officer or medical
practitioner, who finds and undertakes to help a disabled person may:
1. Make a reasonable search for an identifying device; and
2. If the identifying device is found may make a reasonable
search for an identification card of the type described in subsection
B, Section 3 of this act.
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B. A cause of action does not arise from a reasonable search to
locate an identifying device or identification card as authorized by
subsection A of this section.
Added by Laws 1975, c. 212, § 6, emerg. eff. May 27, 1975.
§63-2557. Penalties.
A person who with intent to deceive provides, wears, uses or
possesses a false identifying device or identification card of the
type described in subsection B, Section 3 of this act, is guilty of a
misdemeanor and upon conviction may be fined not more than Three
Hundred Dollars ($300.00) or imprisoned for not more than ninety (90)
days, or both.
Added by Laws 1975, c. 212, § 7, emerg. eff. May 27, 1975.
§63-2558. Duties as additional.
The duties imposed by this act are in addition to, and not in
limitation of, other duties existing under the law of this state.
Added by Laws 1975, c. 212, § 8, emerg. eff. May 27, 1975.
§63-2601. Definitions.
For the purposes of this act, the following words and phrases
mean:
(a) "Minor" means any person under the age of eighteen (18)
years of age, except such person who is on active duty with or has
served in any branch of the Armed Services of the United States shall
be considered an adult.
(b) "Health professional" means for the purposes of this act any
licensed physician, psychologist, dentist, osteopathic physician,
podiatrist, chiropractor, registered or licensed practical nurse or
physician's assistant.
(c) "Health services" means services delivered by any health
professional including examination, preventive and curative
treatment, surgical, hospitalization, and psychological services,
except abortion or sterilization. Should the health services include
counseling concerning abortion, all alternatives will be fully
presented to the minor. Services in this act shall not include
research or experimentation with minors except where used in an
attempt to preserve the life of that minor, or research as approved
by an appropriate review board involved in the management of
reportable diseases.
Amended by Laws 1985, c. 299, § 8, eff. Nov. 1, 1985.
§63-2602. Right of self-consent under certain conditions - Doctor
patient privileges
A. Notwithstanding any other provision of law, the following
minors may consent to have services provided by health professionals
in the following cases:
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1. Any minor who is married, has a dependent child or is
emancipated;
2. Any minor who is separated from his parents or legal guardian
for whatever reason and is not supported by his parents or guardian;
3. Any minor who is or has been pregnant, afflicted with any
reportable communicable disease, drug and substance abuse or abusive
use of alcohol; provided, however, that such self-consent only
applies to the prevention, diagnosis and treatment of those
conditions specified in this section. Any health professional who
accepts the responsibility of providing such health services also
assumes the obligation to provide counseling for the minor by a
health professional. If the minor is found not to be pregnant nor
suffering from a communicable disease nor drug or substance abuse nor
abusive use of alcohol, the health professional shall not reveal any
information whatsoever to the spouse, parent or legal guardian,
without the consent of the minor;
4. Any minor parent as to his child;
5. Any spouse of a minor when the minor is unable to give
consent by reason of physical or mental incapacity;
6. Any minor who by reason of physical or mental capacity cannot
give consent and has no known relatives or legal guardian, if two
physicians agree on the health service to be given;
7. Any minor in need of emergency services for conditions which
will endanger his health or life if delay would result by obtaining
consent from his spouse, parent or legal guardian; provided, however,
that the prescribing of any medicine or device for the prevention of
pregnancy shall not be considered such an emergency service; or
8. Any minor who is the victim of sexual assault; provided,
however, that such self-consent only applies to a forensic medical
examination by a qualified licensed health care professional.
If any minor falsely represents that he may give consent and a
health professional provides health services in good faith based upon
that misrepresentation, the minor shall receive full services without
the consent of the minor's parent or legal guardian and the health
professional shall incur no liability except for negligence or
intentional harm. Consent of the minor shall not be subject to later
disaffirmance or revocation because of his minority.
B. The health professional shall be required to make a
reasonable attempt to inform the spouse, parent or legal guardian of
the minor of any treatment needed or provided under paragraph 7 of
subsection A of this section. In all other instances the health
professional may, but shall not be required to inform the spouse,
parent or legal guardian of the minor of any treatment needed or
provided. The judgment of the health professional as to notification
shall be final, and his disclosure shall not constitute libel,
slander, the breach of the right of privacy, the breach of the rule
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of privileged communication or result in any other breach that would
incur liability.
Information about the minor obtained through care by a health
professional under the provisions of this act shall not be
disseminated to any health professional, school, law enforcement
agency or official, court authority, government agency or official
employer, without the consent of the minor, except through specific
legal requirements or if the giving of the information is necessary
to the health of the minor and public. Statistical reporting may be
done when the minor's identity is kept confidential.
The health professional shall not incur criminal liability for
action under the provisions of this act except for negligence or
intentional harm.
Added by Laws 1975, c. 225, § 2, emerg. eff. May 29, 1975. Amended
by Laws 1976, c. 161, § 2; Laws 2016, c. 305, § 1, emerg. eff. May
16, 2016.
§63-2603. Payment for services.
The spouse, parents or legal guardian of the minor shall not be
liable for payment for any health services provided under the
authority of this act, unless they shall have expressly agreed to pay
for such care. Minors consenting to health services shall thereby
assume financial responsibility for the cost of said services except
those who are proven unable to pay and who receive the services in
public institutions.
Added by Laws 1975, c. 225, § 3, emerg. eff. May 29, 1975.
§63-2604. Safeguards to protect minor.
If major surgery, general anesthesia; or a life-threatening
procedure has to be undertaken on a minor, it shall be necessary for
the physician to obtain concurrence from another physician except in
an emergency in a community where no other surgeon can be contacted
within a reasonable time.
In cases where emergency care is needed and the minor is unable
to give self-consent; a parent, spouse or legal guardian may
authorize consent.
Added by Laws 1975, c. 225, § 4, emerg. eff. May 29, 1975.
§63-2605. Providing of health care not mandatory.
Nothing in this act shall require any health professional to
provide health care nor shall any health professional be liable for
refusal to give health care.
Added by Laws 1975, c. 225, § 5, emerg. eff. May 29, 1975.
§63-2621. Short title.
Sections 1 through 3 of this act shall be known and may be cited
as the "Medical Savings Account Act".
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Added by Laws 1995, c. 249, § 1, eff. Nov. 1, 1995.
§63-2622. Definitions.
As used in the Medical Savings Account Act:
1. "Account holder" means the individual including but not
limited to an employee of an employer or dependents of the individual
on whose behalf the medical savings account is established;
2. "Dependent child" means any person under the age of twenty-
one (21) years or any person who is legally entitled or subject to a
court order for the provision of proper and necessary subsistence,
education, medical care, or any other care necessary for the health,
or well-being of such person, and who is not otherwise emancipated,
married or a member of the Armed Forces of the United States, or who
is mentally or physically incapacitated and cannot provide for
themselves;
3. "Eligible medical expenses" means an expense paid by the
taxpayer for medical care described in Section 213(d) of the Internal
Revenue Code;
4. "Medical savings account" or "account" means an account
established in this state pursuant to a medical savings account
program to pay the eligible medical expenses of an account holder and
the dependents of the account holder;
5. "Medical savings account program" or "program" means a
program that includes all of the following:
a. the purchase by an individual or employer of a
qualified higher deductible health benefit plan which
is approved by the State Department of Health and
offered by an entity regulated by the State Department
of Health or is approved by the Insurance Commissioner
and offered by an entity regulated by the Insurance
Commissioner or is offered by the State and Education
Employees Group Insurance Board for the benefit of the
individual or an employee of the employer and the
dependents of that individual or the employee,
b. the deposit by an individual into a medical savings
account or the contribution on behalf of an employee
into a medical care account by an employer of all or
part of the premium differential realized by the
employer based on the purchase of a qualified higher
deductible health plan for the benefit of the employee.
An employer that did not previously provide a health
plan or provide a health coverage policy, certificate,
or contract for employees may contribute all or part of
the deductible of a qualified higher deductible health
benefit plan; and
6. "Trustee" means a chartered state bank, savings and loan
association, licensed securities dealer or trust company authorized
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to act as a fiduciary; a national banking association or savings and
loan association authorized to act as a fiduciary; or an insurance
company.
Added by Laws 1995, c. 249, § 2, eff. Nov. 1, 1995. Amended by Laws
1996, c. 183, § 1, eff. July 1, 1996.
§63-2623. Medical savings account - Contributions and withdrawals.
A. For taxable years beginning after December 31, 1995, an
individual who is a resident of this state or an employer shall be
allowed to deposit contributions to a medical savings account. The
amount of deposit for the first taxable year subsequent to the
effective date of this act shall not exceed:
1. Two Thousand Dollars ($2,000.00) for the account holder;
2. Two Thousand Dollars ($2,000.00) for the spouse of the
account holder; and
3. One Thousand Dollars ($1,000.00) for each dependent child of
the account holder.
B. The maximum allowable amount of deposit for subsequent years
shall be increased annually by a percentage equal to the previous
year's increase in the national Consumer Price Index (CPI).
C. Contributions made to and interest earned on a medical
savings account shall be exempt from taxation as adjusted gross
income in this state as provided for in Section 2358 of Title 68 of
the Oklahoma Statutes.
D. Upon agreement between an employer and employee, an employee
may either have the employer contribute to the employee's medical
savings account under a medical savings account program or continue
to make contributions under the employee's existing health insurance
policy or program, subject to the restrictions in paragraph 1 of
subsection E of this section. For purposes of the Medical Savings
Account Act, an employer shall include a participating employer as
defined in the Oklahoma State Employees Benefits Act.
E. The medical savings account shall be established as a trust
under the laws of this state and placed with a trustee.
1. The trustee shall utilize the funds held in a medical savings
account solely for the purpose of paying the eligible medical
expenses of the account holder or the dependents of the account
holder or to purchase a health benefit plan, certification, or
contract if the account holder does not otherwise have health
insurance coverage. Funds held in a medical savings account shall
not be used to cover medical expenses of the account holder or
dependents of the account holder that are otherwise covered by other
means, including but not limited to medical expenses covered pursuant
to an automobile insurance policy, a workers' compensation insurance
policy or self-insured plan, or another health coverage policy,
certificate, or contract.
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2. The account holder may submit prior to the end of the tax
year documentation of medical expenses paid by the account holder
during that tax year to the trustee and the trustee shall reimburse
the account holder for eligible medical expenses from the medical
savings account.
3. Any funds remaining in a medical savings account at the end
of the tax year after all medical expenses have been paid unless
withdrawn as provided for in this section shall remain in the account
and may be used by the account holder for payment of future medical
expenses.
F. An account holder may withdraw money from the medical savings
account of the account holder for any purpose other than a purpose
listed in paragraph 1 of subsection E of this section, only on the
last business day of the trustee's business year. If money is
withdrawn on that date, pursuant to this subsection, it shall be
considered income for income tax purposes and shall not be eligible
for the exemption provided in Section 2358 of Title 68 of the
Oklahoma Statutes.
G. If the account holder withdraws money for any purpose, other
than a purpose described in paragraph 1 of subsection E of this
section, at any time other than on the last business day of the
trustee's business year, all of the following shall apply:
1. The amount of the withdrawal shall be considered income for
income tax purposes and shall not be eligible for the tax exemption
provided in Section 2358 of Title 68 of the Oklahoma Statutes;
2. The trustee shall withhold and shall pay on behalf of the
account holder a penalty to the Oklahoma Tax Commission equal to ten
percent (10%) of the amount of the withdrawal; and
3. All interest earned on the account during the tax year in
which a withdrawal occurs shall be considered income for income tax
purposes.
H. Upon the death of the account holder, the account principal,
as well as any interest accumulated thereon, shall be distributed to
the estate of the account holder and shall be taxed as part of the
estate.
I. If an employee is no longer employed by an employer that
participates in a medical savings account program and the employee,
not more than sixty (60) days after the final day of employment,
transfers the account to a new trustee or requests in writing to the
trustee of the former employer that the account remain with that
trustee and that trustee agrees to retain the account, the money in
the medical savings account may be utilized for the benefit of the
account holder or the dependents of the account holder subject to
this act, and the money shall remain exempt from taxation pursuant to
Section 2358 of Title 68 of the Oklahoma Statutes. Not more than
thirty (30) days after the expiration of the sixty-day transfer
period, if the account holder has not transferred the account or the
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trustee has not accepted the account of the former employee, the
employer shall mail a check to the last-known address of the former
employee in an amount equal to the amount in the account on the date
the check is mailed. The amount shall be taxed and subject to
penalty as provided for in subsection G of this section. If an
employee becomes employed with a different employer that participates
in a medical savings account program before the expiration of the
sixty-day transfer period, the employee may transfer the medical
savings account to the trustee of the new employer without penalty.
Added by Laws 1995, c. 249, § 3, eff. Nov. 1, 1995. Amended by Laws
1996, c. 183, § 2, eff. July 1, 1996.
§63-2654.1. Short title - Definitions.
A. This act shall be known and may be cited as the "Oklahoma
Poison Control Act".
B. As used in the Oklahoma Poison Control Act:
1. "Center" means the Oklahoma Poison Control Center; and
2. "Director" means the dean of the College of Pharmacy at the
Oklahoma Health Sciences Center.
Added by Laws 1994, c. 364, § 1, emerg. eff. June 10, 1994.
§63-2654.2. Oklahoma Poison Control Center.
There is hereby created the Oklahoma Poison Control Center within
Children's Hospital of Oklahoma. The University Hospitals Authority
shall contract with the University of Oklahoma Health Sciences Center
College of Pharmacy for the implementation of this act. The purpose
of the center is to implement a statewide emergency poison and drug
information program designed and structured to deliver reliable,
accurate, qualified professional judgments and responses to requests
for emergency poison and drug information data.
Added by Laws 1994, c. 364, § 2, emerg. eff. June 10, 1994.
§63-2654.3. Authority of Director.
The Director may:
1. Employ any and all coordination measures necessary to
effectuate the purposes of the Oklahoma Poison Control Act;
2. Engage in any educational program or effort if, in the
judgment of the Director, such activity would effectuate the purposes
of the Oklahoma Poison Control Act;
3. Employ experts and consultants and compensate those
individuals at rates determined by the Director;
4. Engage in programs of experimental or demonstrational
research;
5. Appoint an advisory committee to assist in the development
and review of rules promulgated under the authority of the Oklahoma
Poison Control Act and reimburse the members for their expenses;
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6. Accept and administer loans, grants, or other funds and
gifts, conditional or otherwise, from the federal government and any
and all other public or private sources;
7. Formulate, promulgate, adopt, amend, and enforce rules and
regulatory standards necessary to effectuate the Oklahoma Poison
Control Act; and
8. Establish and charge fees for the provision of nonemergency
informational and educational services as well as contract therefor.
Added by Laws 1994, c. 364, § 3, emerg. eff. June 10, 1994.
§63-2654.4. Certification as regional poison control center.
The program of the center shall be structured and designed, to
the extent resources permit, to meet the criteria for certification
as a regional poison control center by the American Association of
Poison Control Centers.
Added by Laws 1994, c. 364, § 4, emerg. eff. June 10, 1994.
§63-2656.1. Administration of oaths - Federal grant or contract
funds.
The Commission may administer oaths at any hearing or
investigation conducted pursuant to this act, and may receive federal
grant or contract funds by complying with the requirements therefor.
Laws 1980, c. 297, § 13, emerg. eff. June 13, 1980.
§63-2656.2. Annual report - Distribution.
The Oklahoma Health Planning Commission shall prepare and
distribute an annual report to the Oklahoma Legislature, to any
health systems agency as established by federal law, and to any other
person who requests the report, which shall include the status of
each review currently being conducted, the reviews completed since
the last report and a general statement of the findings and decisions
made in the course of such reviews.
Laws 1980, c. 297, § 14, emerg. eff. June 13, 1980.
§63-2657. Definitions.
As used in this act, unless the context clearly indicates
otherwise:
1. "Ambulatory surgical center" means:
a. an establishment with an organized medical staff of
physicians, with permanent facilities that are equipped
and operated primarily for the purpose of performing
surgical procedures, with continuous physician services
available on call, and registered professional nursing
services available on site, whenever a patient is in
the facility, which provides services or other
accommodations for patients to recover for a period not
to exceed twenty-three (23) hours after surgery, or
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b. an establishment with an organized medical staff of
dentists, with permanent facilities that are equipped
and operated primarily for the purpose of performing
dental surgical procedures, with continuous dental
services available on call, and registered professional
nursing services available on site, whenever a patient
is in the facility, which provides services or other
accommodations for patients to recover for a period not
to exceed twenty-three (23) hours after surgery;
2. "Commissioner" means the Commissioner of Health;
3. "Governmental unit" means any city, county or other political
subdivision of this state, or any department, division, board or
other agency of any political subdivision of this state; and
4. "Person" means any individual, firm, partnership,
corporation, company or association and the legal successors thereof.
Added by Laws 1976, c. 293, § 1, emerg. eff. June 15, 1976. Amended
by Laws 1992, c. 356, § 2, eff. Sept. 1, 1992; Laws 2008, c. 390, §
1, eff. Nov. 1, 2008.
§63-2658. License policy
No person or governmental unit acting severally or jointly with
any other person or governmental unit shall establish, conduct or
maintain an ambulatory surgical center in this state without a
license under this act issued by the Commissioner.
Added by Laws 1976, c. 293, § 2, emerg. eff. June 15, 1976.
§63-2659. Application
A. Application for a license shall be made to the Commissioner
upon forms provided by the Commissioner and shall contain such
information as the Commissioner may require. The Commissioner shall
require affirmative evidence of ability to comply with such
reasonable standards, rules and regulations as are lawfully
prescribed under the provisions of this act.
B. Each application for a license, except applications from
governmental units, shall be accompanied by an annual license fee of
One Hundred Dollars ($100.00). All license fees shall be deposited
in the State Treasury to the credit of the General Fund of the
Department of Health.
Added by Laws 1976, c. 293, § 3, emerg. eff. June 15, 1976.
§63-2660. Issuance of a license
A. Upon receipt of an application for a license, the
Commissioner shall issue a license if the applicant and ambulatory
surgical center facilities meet the requirements established under
this act. A license, unless sooner suspended or revoked, shall be
renewable annually upon receipt of an application for a license and
the license fee from the licensee and approval by the Commissioner.
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B. Each license shall be issued only for the premises, persons
or governmental units named in the application and shall not be
transferable or assignable except with the written consent of the
Commissioner. Licenses shall be posted in a conspicuous place on the
licensed premises.
Added by Laws 1976, c. 293, § 4, emerg. eff. June 15, 1976.
§63-2661. Hearing - Notice
A. The Commissioner, after notice and opportunity for a hearing
to the applicant or licensee, may deny, suspend or revoke a license
in any case in which the Commissioner finds that there has been a
substantial failure to comply with the requirements of this act.
B. Notice shall be given by registered mail or by personal
service and shall set forth the particular reasons for the action
proposed by the Commissioner. The notice shall fix a date not less
than thirty (30) days from the date of the mailing or service, at
which time the licensee or applicant shall be given an opportunity
for a prompt and fair hearing.
C. At the hearing the licensee or applicant may present
evidence, examine witnesses and be represented by counsel of his
choice. On the basis of the hearing, or upon default of the licensee
or applicant, the Commissioner shall make a determination specifying
his findings of fact and conclusions of law. A copy of such
determination shall be sent by registered mail or served personally
upon the licensee or applicant.
D. The decision revoking, suspending or denying the license or
application shall become final thirty (30) days after it is so mailed
or served unless the applicant or licensee within that period appeals
the decision.
E. Any person or governmental unit aggrieved by a decision of
the Commissioner may appeal to the district court.
Added by Laws 1976, c. 293, § 5, emerg. eff. June 15, 1976.
§63-2662. Rules and regulations
The State Board of Health shall adopt such reasonable rules,
regulations and standards as are necessary to insure that the quality
of medical care in ambulatory surgical centers is the same as that
required in hospitals licensed in the State of Oklahoma.
Added by Laws 1976, c. 293, § 6, emerg. eff. June 15, 1976.
§63-2663. Inspections and investigations
The Commissioner shall make, or cause to be made, such
inspections and investigations as he deems necessary.
Added by Laws 1976, c. 293, § 7, emerg. eff. June 15, 1976.
§63-2663A. Consultant pharmacists – Required visits to ambulatory
surgical center.
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A consultant pharmacist shall be required to visit an ambulatory
surgical center no more than one time per month.
Added by Laws 2011, c. 88, § 1, emerg. eff. April 20, 2011.
§63-2664. Penalty
A. Any person operating, conducting, managing or establishing an
ambulatory surgical center without a license required by this act is
guilty of a misdemeanor and, upon conviction, shall be punished as
provided by law. Each day of continuing violation shall constitute a
separate offense.
B. The Attorney General shall represent the Commissioner and
shall institute an action in the name of the state for injunctive or
other relief against any person or governmental unit to restrain or
prevent the establishment, conduct, management or operation of an
ambulatory surgical center without a license issued pursuant to the
provisions of this act.
Added by Laws 1976, c. 293, § 8, emerg. eff. June 15, 1976.
§63-2665. Discriminatory practices
No entity, governmental, public or private, providing individual
or group health insurance or reimbursing for health care shall
discriminate in its payment or reimbursement procedures against
ambulatory surgical centers. Provided, however, that this section
shall not require the same dollar amount of benefits be paid on
account of inpatient hospital treatment.
Added by Laws 1976, c. 293, § 9, emerg. eff. June 15, 1976.
§63-2666. Formal transfer agreement.
An ambulatory surgical center shall have a formal transfer
agreement with a general hospital, as defined in Section 1-701 of
Title 63 of the Oklahoma Statutes, located not more than a twenty-
minute travel distance from the center, or all physicians performing
surgery in the ambulatory surgical center shall have admitting
privileges at a general hospital, located not more than a twenty-
minute travel distance from the center.
Added by Laws 2007, c. 168, § 1, eff. Nov. 1, 2007.
§63-2701. Public policy.
It is declared to be the public policy of this state, in order to
safeguard the public health, safety and welfare, to encourage certain
knowledgeable persons to make written report to the Division of
Services for the Blind and Visually Impaired of the State Department
of Rehabilitation Services as to individuals suffering from blindness
or serious visual impairment so that the Division may inform them as
to rehabilitative education and training programs of the state.
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Added by Laws 1976, c. 50, § 1, emerg. eff. April 12, 1976. Amended
by Laws 1998, c. 107, § 4, eff. July 1, 1998; Laws 2019, c. 51, § 4,
eff. Nov. 1, 2019.
§63-2702. Medical report - Immunity.
Any licensed surgeon, medical doctor, osteopathic physician,
optometrist, dentist, intern or registered nurse who, from attending
or examining an individual, concludes that such individual is blind
or visually impaired to a material and uncorrected extent, and in
good faith participates in the making of written report of said
conclusion to the Division of Services for the Blind and Visually
Impaired of the State Department of Rehabilitation Services, shall
have immunity from liability, civil and criminal, for so reporting.
Added by Laws 1976, c. 50, § 2, emerg. eff. April 12, 1976. Amended
by Laws 1998, c. 107, § 5, eff. July 1, 1998; Laws 2019, c. 51, § 5,
eff. Nov. 1, 2019.
§63-2801. Short title.
This act shall be known as the Oklahoma Emergency Telephone Act.
Laws 1979, c. 176, § 1, emerg. eff. May 16, 1979.
§63-2802. Definitions.
As used in this act:
1. "Basic system" means a telephone service which automatically
connects a person dialing the primary emergency telephone number to
an established public safety answering point through normal telephone
service facilities;
2. "Department" means the Department of Public Safety;
3. "Direct dispatch method" means a method whereby a call over a
basic or sophisticated system is connected to a centralized dispatch
center providing for the dispatching of an appropriate emergency
service unit upon receipt of a telephone request for such services
and a decision as to the proper action to be taken;
4. "Methods", as used in paragraphs 3, 8, 9 and 11 of this
section, means the procedures to be followed by the public agency or
public safety agency affected by such paragraphs;
5. "Primary emergency telephone number" means the digits nine-
one-one (911);
6. "Public agency" means any agency or political subdivision of
the state which provides or has authority to provide fire fighting,
police, ambulance, medical or other emergency services;
7. "Public safety agency" means a functional division of a
public agency which provides fire fighting, police, medical or other
emergency services;
8. "Referral method" means a method whereby a call over a basic
or sophisticated system results in providing the requesting party
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with the telephone number of the appropriate public safety agency or
other provider of emergency services;
9. "Relay method" means a method whereby a call over a basic or
sophisticated system results in pertinent information being noted by
the recipient of a telephone request for emergency services and is
relayed to appropriate public safety agencies or other providers of
emergency services for dispatch of an emergency service unit;
10. "Sophisticated system" means a basic system with the
additional capability of automatic identification of the caller's
number, holding the incoming call, reconnection on the same telephone
line, clearing a telephone line or automatic call routing or
combinations of such capabilities; and
11. "Transfer method" means a method whereby a call over a basic
or sophisticated system is received and directly transferred to an
appropriate public safety agency or other provider of emergency
services.
Laws 1979, c. 176, § 2, emerg. eff. May 16, 1979.
§63-2803. Establishment of basic or sophisticated system.
Every public agency or public safety agency within its respective
jurisdiction may establish a basic or sophisticated system, if
technologically compatible with the existing local telephone network.
The establishment of such systems shall be centralized where
feasible. Any system established pursuant to this act may include a
segment of the territory of a public agency. All systems shall be
designed to meet the requirements of each community and public agency
served by the system. Every system, whether basic or sophisticated,
may be designed to have the capability of utilizing at least three of
the four methods specified in paragraphs 3, 8, 9 and 11 of Section 2
of this act, in response to emergency calls. In addition to the
number "911", a public agency or public safety agency may maintain a
separate secondary backup number, and shall maintain a separate
number for nonemergency telephone calls.
Laws 1979, c. 176, § 3, emerg. eff. May 16, 1979.
§63-2804. Services included in system.
Every system may include police, fire fighting and emergency
medical and ambulance services, and may include other emergency
services, in the discretion of the affected public agency, such as
poison control services, suicide prevention services and emergency
management services. The system may incorporate a private ambulance
service. In those areas in which a public safety agency of the state
provides such emergency services, the system may include such public
safety agencies.
Added by Laws 1979, c. 176, § 4, emerg. eff. May 16, 1979. Amended
by Laws 2003, c. 329, § 53, emerg. eff. May 29, 2003.
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§63-2805. Preparation and implementation of system.
In order to insure that proper preparation and implementation of
such systems can be accomplished as provided in Section 2803 of this
title, the Department of Public Safety may develop an overall plan
prior to development of any system and shall coordinate the
implementation of systems to be established pursuant to the
provisions of Section 2803 of this title. Any such plan shall
contain an estimate of the costs of installing alternate 911 systems
and an estimate of the first year's additional operating expenses, if
any. The Department may formulate a plan by which it and the public
agencies and public safety agencies involved may share
proportionately the costs of any system and method from their current
funds. The Department may aid such agencies in the formulation of
concepts, methods and procedures which will improve the operation of
systems and which will increase cooperation between public safety
agencies. The Department may consult at regular intervals with the
State Fire Marshal, the Oklahoma State Bureau of Investigation, the
State Department of Health, the Department of Emergency Management
and the public utilities in this state providing telephone service.
Added by Laws 1979, c. 176, § 5, emerg. eff. May 16, 1979. Amended
by Laws 2003, c. 329, § 54, emerg. eff. May 29, 2003; Laws 2008, c.
302, § 9, emerg. eff. June 2, 2008.
§63-2806. Technical and operational standards for basic or
sophisticated system.
The Department of Public Safety may establish technical and
operational standards for the development of basic and sophisticated
systems. Such standards shall be forwarded to the Corporation
Commission for consideration of any tariff limitations and conditions
which may need revision to accommodate such standards; and the
Corporation Commission may issue such revisions after whatever
hearings or procedures it deems appropriate.
Laws 1979, c. 176, § 6, emerg. eff. May 16, 1979.
§63-2807. Submission of final plan to public telephone utilities -
Alternative reports.
A. All public agencies shall submit final plans for the
establishment of any system to the public telephone utilities and may
make arrangement with such utilities for the implementation of the
planned emergency telephone system. A copy of the plan required by
this subsection shall be filed with the Department of Public Safety.
B. If any public agency has implemented or is a part of a system
which would be authorized by this act on the effective date of this
act such public agency may submit in lieu of the tentative or final
plan a report describing the system and stating its operational date.
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C. Plans filed pursuant to subsection A of this section shall
conform to minimum standards established pursuant to Section 6 of
this act.
Laws 1979, c. 176, § 7, emerg. eff. May 16, 1979.
§63-2808. Joint power or written cooperative agreements for
implementation of plan - Powers of public safety agency employees -
Immunity.
In implementing systems pursuant to this act, all public agencies
in a single system may annually enter into a joint powers agreement
or any other form of written cooperative agreement which is
applicable when need arises on a day-to-day basis. Every employee of
every public safety agency which is a participant in a system may
respond and take any action to any call whether within or without the
authorized territorial jurisdiction of the public safety agency. In
response to emergency calls, employees of public safety agencies
shall have the same immunity for any acts performed in the line of
duty outside their authorized jurisdiction as they enjoy within it.
No cause of action shall be created by any incorrect dispatch or
response by any system or any public safety agency.
Laws 1979, c. 176, § 8, emerg. eff. May 16, 1979.
§63-2809. Repealed by Laws 1998, c. 364, § 38, emerg. eff. June 8,
1998.
§63-2810. Duties or liabilities of public telephone utility not
affected.
Nothing contained in this act shall be deemed to establish or
impose upon any public telephone utility providing services needed to
implement the provisions hereof any duties or liabilities beyond
those specified in applicable tariffs filed with the Oklahoma
Corporation Commission.
Laws 1979, c. 176, § 10, emerg. eff. May 16, 1979.
§63-2811. Short title.
This act shall be known and may be cited as the "Nine-One-One
Emergency Number Act".
Added by Laws 1986, c. 230, § 1, emerg. eff. June 10, 1986.
§63-2812. Purpose.
It is the purpose of the Nine-One-One Emergency Number Act,
Section 2811 et seq. of this title, to establish the telephone number
nine-one-one (911) as the primary emergency telephone number for use
in this state and to encourage units of local governments and
combinations of such units to develop and improve emergency
communication procedures and facilities in order to expedite the
response of law enforcement, fire, medical, rescue, and other
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emergency services to any person requiring such assistance. The
Legislature finds and declares that:
1. It is in the public interest to shorten the time required for
a citizen to request and receive emergency aid;
2. Thousands of different emergency telephone numbers exist
throughout the state, and telephone exchange boundaries and central
office service areas do not necessarily correspond to political
boundaries;
3. Provision of a single, primary three-digit emergency number
through which emergency services can be quickly and efficiently
obtained would provide a significant contribution to law enforcement
and other public safety efforts by making it less difficult to
quickly notify public safety personnel.
Added by Laws 1986, c. 230, § 2, emerg. eff. June 10, 1986. Amended
by Laws 1988, c. 130, § 1, emerg. eff. April 13, 1988.
§63-2813. Definitions.
As used in the Nine-One-One Emergency Number Act, Section 2811 et
seq. of this title, unless the context otherwise requires:
1. "Area served" means the geographic area which shall be served
by the emergency telephone service provided by the governing body of
a county, municipality, part of a county or combination of such
governing bodies;
2. "Emergency telephone service" means any telephone system
utilizing a three-digit number, nine-one-one (911), for reporting an
emergency to the appropriate public agency providing law enforcement,
fire, medical or other emergency services, including ancillary
communications systems and personnel necessary to pass the reported
emergency to the appropriate emergency service and personnel;
3. "Emergency telephone fee" means a fee to finance the
operation of emergency telephone service;
4. "Governing body" means the board of county commissioners of a
county, the city council or other governing body of a municipality,
or a combination of such boards, councils or other municipal
governing bodies, which shall have an administering board as provided
in subsection G of Section 2815 of this title. Any such combined
administering board shall be formed and shall enter into an agreement
between the governing body of each entity in accordance with the
Interlocal Cooperation Act. The agreement shall be filed with the
office of the county clerk and in the offices of each governmental
entity involved;
5. "Local exchange telephone company" means any company
providing exchange telephone services to any service user in this
state, and shall include any competitive local exchange carrier as
defined in Section 139.102 of Title 17 of the Oklahoma Statutes;
6. "Person" means any service user, including but not limited
to, any individual, firm, partnership, copartnership, joint venture,
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association, cooperative organization, private corporation, whether
organized for profit or not, fraternal organization, nonprofit
organization, estate, trust, business or common law trust, receiver,
assignee for the benefit of creditors, trustee or trustee in
bankruptcy, the United States of America, the state, any political
subdivision of the state, or any federal or state agency, department,
commission, board or bureau;
7. "Public agency" means any city, town, county, municipal
corporation, public district, public trust or public authority
located within this state which provides or has authority to provide
fire fighting, law enforcement, ambulance, emergency medical or other
emergency services;
8. "Service user" means any person who is provided exchange
telephone service in this state; and
9. "Tariff rate" means the rate or rates billed by a local
exchange telephone company stated in tariffs applicable for such
company, as approved by the Oklahoma Corporation Commission, which
represent the recurring charges of such local exchange telephone
company for exchange telephone service or its equivalent, exclusive
of all taxes, fees, licenses or similar charges whatsoever.
Added by Laws 1986, c. 230, § 3, emerg. eff. June 10, 1986. Amended
by Laws 1988, c. 130, § 2, emerg. eff. April 13, 1988; Laws 1995, c.
350, § 1, eff. July 1, 1995; Laws 2001, c. 30, § 2, eff. July 1,
2001.
§63-2814. Political subdivisions authorized to operate emergency
telephone service - Service fee - Election.
A. In addition to other powers for the protection of the public
health, a governing body may provide for the operation of an
emergency telephone service and may impose an emergency telephone
fee, as provided in this section, for emergency telephone service in
areas, subject to the jurisdiction of the governing body. The
governing body may do such other acts as are necessary for the
protection and preservation of the public health if necessary for the
operation of the emergency telephone system.
B. The governing body is hereby authorized, by ordinance in the
case of municipalities and by resolution in the case of counties or a
combined governing body, to provide for the operation of emergency
telephone service and to impose an emergency telephone fee in the
area to be served by the system. The ordinance or resolution shall
submit to the voters in the area to be served the question of the
imposition of emergency telephone service and the amount of the
emergency telephone fee. The ordinance or resolution shall propose
the amount of the emergency telephone fee to begin the second year
and for each year thereafter, in an amount not greater than fifteen
percent (15%) of the tariff rate, and shall call for an election to
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be held within one (1) year from the date the ordinance or resolution
is adopted.
The ordinance or resolution shall also provide for the collection
of an amount not to exceed five percent (5%) of the tariff rate in
areas subject to the jurisdiction of the governing body for a period
of no longer than one (1) year. The one (1) year, five percent (5%)
fee shall be a part of, not an addition to, the fee set by the
voters. The collection of the five percent (5%) fee may begin, prior
to the election, within thirty (30) days after the resolution or
ordinance becomes effective. The one (1) year, five percent (5%) fee
shall be used to provide for the cost of conducting the election to
set the emergency telephone fee and any initial or start-up cost
necessary to implement the emergency telephone service. If the fee
is not approved by the electors, any remaining money collected during
the first year shall be distributed to the local exchange telephone
company and then shall be refunded to each service user charged on a
pro rata basis.
C. Within sixty (60) days of the publication of the resolution
adopted pursuant to subsection B of this section, there may be filed
with the county election board of the affected county or counties a
petition signed by not less than three percent (3%) of the total
number of votes cast in the next preceding general election of the
county or affected area.
Within sixty (60) days of publication of an ordinance adopted by
a municipality pursuant to subsection B of this section, there may be
filed with the county election board of the county in which the
municipality is located a petition signed by not less than three
percent (3%) of the total number of votes cast in the next preceding
election of the city.
The petitions may request that the question of the installation
and operation of emergency telephone service and imposition of the
one (1) year, five percent (5%) emergency telephone fee as called for
in the resolution or ordinance be disapproved.
Upon determination of the sufficiency of the petition and
certification by the county election board or boards, the proposition
shall be submitted to the qualified voters of the county,
municipality or area to be served not less than sixty (60) days
following the certification of the petition.
If a majority of the votes cast in an election held pursuant to
subsection B of this section disapprove the operation of emergency
telephone service and imposition of an emergency telephone fee or a
majority of the votes cast disapprove the one (1) year, five percent
(5%) emergency telephone fee, upon certification of the election
results by the county election board or boards, the resolution or
ordinance shall not take effect and the emergency telephone service
and the emergency telephone fee called for in the resolution or
ordinance shall not be imposed. If the resolution or ordinance is
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disapproved by the electors, any remaining money collected during the
first year shall be distributed to the local exchange telephone
company and then shall be refunded to each service user charged on a
pro rata basis.
D. If the governing board does not take action to provide for
the operation of emergency telephone service and to impose an
emergency telephone fee as provided in subsection B of this section,
there may be filed with the county election board or boards of the
affected area a petition signed by not less than three percent (3%)
of the total numbers of votes cast in the next preceding election of
the affected area.
The petition shall request that the question of the installation
and operation of emergency telephone service and imposition of a fee
in an amount not greater than fifteen percent (15%) of the tariff
rate be submitted to the qualified voters of the county, municipality
or area to be served. Upon determination of the sufficiency of the
petition and certification by the county election board or boards,
the proposition shall be submitted to the qualified voters of the
county, municipality or area to be served not less than sixty (60)
days following the certification of the petition.
If a majority of the votes cast at an election held pursuant to
this subsection approve the installation and operation of emergency
telephone service and imposition of an emergency telephone fee the
governing body shall provide for the installation and operation of
the service, impose the approved fee and provide for the governance
of the system. If the affected area is governed by two or more
governmental entities the governing bodies of each shall enter into
an agreement in accordance with the Interlocal Cooperative Act to
provide for the governance of the system.
E. Any fee imposed by a county or combined governing body shall
not apply to any portion of the county located within the boundaries
of a municipality or other governmental entity also imposing an
emergency telephone fee pursuant to the provisions of the Nine-One-
One Emergency Number Act. The approved emergency telephone fee shall
be effective upon certification of the election results by the county
election board or boards. Except as provided for in subsections G
and I of this section, an emergency telephone fee imposed prior to
the effective date of this act shall continue at the established
amount until an election to change the fee is called as provided for
in this section.
F. If a majority of the votes cast at an election held pursuant
to subsection B of this section approve the installation and
operation of emergency telephone service and imposition of an
emergency telephone fee, the governing body shall provide for the
installation and operation of the service and impose the approved
fee. The initial five percent (5%) fee, established by resolution or
an ordinance, as provided pursuant to the provisions of subsection B
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of this section shall remain in effect for the remainder of the first
year.
G. The emergency telephone fee approved pursuant to the
provisions of this section shall be reviewed at least once each
calendar year by the governing body which shall, in accordance with
subsection D of Section 2815 of this title, establish the amount of
the fee for the next calendar year, not to exceed the amount set by
the electors. The governing body shall have the power and authority
to reduce the emergency telephone fee being paid by the service users
of the emergency telephone system to the estimated amount needed for
the annual operation and maintenance of the system. If the governing
body makes a reduction and in a subsequent year determines it is
necessary to increase the fee to operate and maintain the system, the
governing body may raise the fee up to an amount not to exceed the
amount previously set by the electors. Any fee imposed by the
electors of a county, municipality or area served shall remain at the
amount approved by the electors until a new vote of the electors is
conducted in the manner for which an election may be conducted to
impose a fee as provided for in this section. The proceeds of the
fee shall be utilized to pay for the operation of emergency telephone
service as specified in this section. Collection of the fee may
begin at any time if an existing service is already operative or at
any time subsequent to execution of a contract with the provider of
the emergency telephone service at the discretion of the governing
body.
H. If the fee approved by the voters is less than fifteen
percent (15%) and the governing body determines there exists a need
for ancillary communications systems necessary to communicate the
reported emergency to the appropriate emergency service and personnel
and the governing body also determines that the fee set by the
electors is not sufficient to fund the ancillary communications
systems, the governing body may by resolution or ordinance call an
election to submit the question of raising the voter-approved fee in
a sufficient amount, not to exceed fifteen percent (15%), for such
additional time as determined by the governing body it is necessary
to purchase the ancillary communications equipment. The vote shall
be conducted in the manner provided for in subsection B of this
section.
I. A governing body with an existing emergency telephone service
system in operation prior to the effective date of this act may by
ordinance or resolution restore the emergency telephone fee set at
three percent (3%) to an amount not to exceed five percent (5%) of
the tariff rate for such additional time as is necessary to fund
ancillary communications equipment necessary to communicate the
reported emergency to the appropriate emergency service and
personnel.
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Within sixty (60) days of the publication of the resolution
adopted pursuant to this subsection, there may be filed with the
county election board of the affected county or counties a petition
signed by not less than three percent (3%) of the total number of
votes cast in the next preceding general election of the county or
affected area.
Within sixty (60) days of publication of an ordinance adopted by
a municipality pursuant to this subsection, there may be filed with
the county election board of the county in which the municipality is
located a petition signed by not less than three percent (3%) of the
total number of votes cast in the next preceding election of the
city.
The petitions may request that the question of restoring the
emergency telephone fee to an amount not to exceed five percent (5%)
of the tariff rate to fund ancillary communications equipment be
submitted to the qualified voters of the county, municipality or area
to be served.
Upon determination of the sufficiency of the petition and
certification by the county election board or boards, the proposition
shall be submitted to the qualified voters of the county,
municipality or area to be served not less than sixty (60) days
following the certification of the petition. If a majority of the
votes cast at the election are for restoring the emergency telephone
fee to an amount not to exceed five percent (5%) of the tariff rate
to fund ancillary communications equipment, the resolution or
ordinance restoring the fee shall become effective. The increase of
the fee may be implemented within thirty (30) days after the
resolution or ordinance becomes effective.
J. The tariff rate used for initial calculation of the emergency
telephone service fee shall remain static for the purpose of
calculating future fees for emergency telephone service. Therefore,
future rate changes for emergency telephone service shall be stated
as a percentage of the initial tariff rate.
K. The emergency telephone fee shall be imposed only upon the
amount received from the tariff for exchange telephone service or its
equivalent. No fee shall be imposed upon more than one hundred
exchange access lines or their equivalent per person per location.
L. Every billed service user shall be liable for any fee imposed
pursuant to this section until it has been paid to the local exchange
telephone company.
M. The duty to collect any fee imposed pursuant to the authority
of the Nine-One-One Emergency Number Act from a service user shall
commence at a time specified by the governing body. Fees imposed
pursuant to this section that are required to be collected by the
local exchange telephone company shall be added to and shall be
stated separately in the billings to the service user.
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N. The local exchange telephone company shall have no obligation
to take any legal action to enforce the collection of any fee imposed
pursuant to authority of this section, however, should any service
user tender a payment insufficient to satisfy all charges, tariffs,
fees and taxes for exchange telephone service, the amount tendered
shall be credited to the emergency telephone fee in the same manner
as other taxes and fees. The local exchange telephone company shall
annually provide the governing body with a list of amounts
uncollected along with the names and addresses of those service users
which carry a balance that can be determined by the local exchange
telephone company to be nonpayment of any fee imposed pursuant to the
authority of this section.
O. Any fee imposed pursuant to the authority provided by this
section shall be collected insofar as practicable at the same time
as, and along with, the charges for exchange telephone service in
accordance with the regular billing practice of the local exchange
telephone service. The tariff rates determined by or stated in the
billing of the local exchange telephone company shall be presumed to
be correct if such charges were made in accordance with the business
practices of the local exchange telephone company. The presumption
may be rebutted by evidence which establishes that an incorrect
tariff rate was charged.
Added by Laws 1986, c. 230, § 4, emerg. eff. June 10, 1986. Amended
by Laws 1988, c. 130, § 3, emerg. eff. April 13, 1988; Laws 1990, c.
125, § 1, emerg. eff. April 24, 1990; Laws 1993, c. 67, § 1; Laws
1995, c. 350, § 2, eff. July 1, 1995.
§63-2815. Due date of fee - Penalty for late payment - Filing of
return - Determination of fee - Audit - Governing bodies, boards.
A. Any fee imposed pursuant to Section 2814 of this title and
the amounts required to be collected are due monthly. The amount of
fee collected in one (1) month by the local exchange telephone
company shall be remitted to the governing body no later than thirty
(30) days after the close of the month in which such fees were
collected. In the event the fee collected is not remitted by the
local exchange telephone company or by a competitive local exchange
company, as both are defined in Section 139.102 of Title 17 of the
Oklahoma Statutes, to the governing body within thirty (30) days
after the close of the month in which such fees were collected, then
the local exchange telephone company shall remit a penalty to the
governing body. The penalty shall be equal to ten percent (10%) of
the original unremitted fee, payable on the first day of each month
the fee remains delinquent. All fees collected by the local exchange
telephone company and remitted to the governing body and any other
money collected to fund the emergency telephone system shall be
deposited in a special nine-one-one account established by the
governing body, and shall be used only to fund the expenditures
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authorized by the Nine-One-One Emergency Number Act. The governing
body shall account for all disbursements from the account and shall
not allow the funds to be transferred to another account not
specifically established for the operation of the emergency telephone
system.
B. On or before the last day of each month, a return for the
preceding month shall be filed with the governing body in a form the
governing body and the local exchange telephone company agree to.
The local exchange telephone company required to file the return
shall deliver the return together with a remittance of the amount of
the fee payable to the treasurer or other person responsible to the
governing body for receipt of payments from the fee. The local
exchange telephone company shall maintain records of the amount of
any fee collected in accordance with the provisions of the Nine-One-
One Emergency Number Act. The records shall be maintained for a
period of one (1) year from the time the fee is collected.
C. From every remittance of the collected fee to the governing
body made on or before the date when the same becomes due, the local
exchange telephone company required to remit the fee shall be
entitled to deduct and retain for administrative costs, an amount not
to exceed three percent (3%) of the first five percent (5%) of the
emergency telephone fee.
D. At least once each calendar year, the governing body shall
establish the fee for the subsequent year in an amount not to exceed
the amount approved by the voters as provided by the provisions of
Section 2814 of this title that, together with any surplus revenues,
will produce sufficient revenues to fund the expenditures authorized
by the Nine-One-One Emergency Number Act. Amounts collected in
excess of that necessary within a given year shall be carried forward
to subsequent years. The governing body shall make the determination
of the fee amount no later than September 1 of each year and shall
fix the new fee to take effect commencing with the first billing
period of each service user on or following the next January 1.
Immediately upon making its determination and fixing the fee, the
governing body shall publish in its minutes the new fee, and it
shall, at least ninety (90) days before the new fee shall become
effective, notify by certified mail every local exchange telephone
company providing emergency telephone service to areas within the
jurisdiction of the governing body. The governing body may at its
own expense require an annual audit of the books and records of the
local exchange telephone company concerning the collection and
remittance of the fee authorized by the Nine-One-One Emergency Number
Act.
E. The governing body shall be required to have conducted
separately or as a part of the annual audit required by law of the
municipality or county an annual audit of any accounts established or
used by the governing body for the operation of an emergency
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telephone system. The audit may be conducted by the State Auditor
and Inspector at the discretion of the governing body. All audits
shall be conducted in accordance with generally accepted auditing
standards and Government Auditing Standards issued by the Comptroller
General of the United States. A copy of the audit shall be filed
with the State Auditor and Inspector and action taken in accordance
with Section 212A of Title 74 of the Oklahoma Statutes. The audit of
the emergency telephone system accounts may be paid for and be
considered a part of the operating expenses of the emergency
telephone system.
F. The governing body shall meet at least quarterly to oversee
the operations of the emergency telephone system, review
expenditures, set and approve an operating budget and take such other
action as necessary for the operation and management of the system.
The records and meetings of the governing body shall be subject to
the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.
G. A governing body made up of two or more governmental entities
shall have a board consisting of not less than three members;
provided, the board shall consist of at least one member representing
each governmental entity, appointed by the governing body of each
participating governmental entities, as set forth in the agreement
forming the board. The members shall serve for terms of not more
than three (3) years as set forth in the agreement. Members may be
appointed to serve more than one term. The names of the members of
the governing body board and the appointing authority of each member
shall be maintained in the office of the county clerk in the county
or counties in which the system operates, along with copies of the
agreement forming the board and any amendments to that agreement.
Added by Laws 1986, c. 230, § 5, emerg. eff. June 10, 1986. Amended
by Laws 1988, c. 130, § 4, emerg. eff. April 13, 1988; Laws 1995, c.
350, § 3, eff. July 1, 1995; Laws 2002, c. 192, § 1, eff. Nov. 1,
2002.
§63-2815.1. Outgoing calls - Confidentiality - Liability.
A. Nine-one-one emergency telephone service information may be
used by a public law enforcement or public health agency for the
purpose of placing outgoing emergency calls that notify the public of
an emergency or provide to the public information relative to an
emergency.
B. Nine-one-one emergency telephone service information shall be
confidential. Any public law enforcement or public health agency
that uses nine-one-one emergency telephone service information for
the purposes set forth in subsection A of this section shall
establish methods and procedures that ensure the confidentiality of
the information.
C. For purposes of this section “nine-one-one emergency
telephone service information” shall mean the name, address and
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telephone number of a service user of a local exchange telephone
company.
D. No person providing service pursuant to this section shall be
liable for using nine-one-one emergency telephone service
information, or providing such information to any public law
enforcement or public health agency, in accordance with subsection B
of this section.
Added by Laws 2003, c. 309, § 1, eff. Jan. 1, 2004. Amended by Laws
2008, c. 138, § 1, emerg. eff. May 9, 2008.
§63-2816. Bonds.
The governing body may issue and sell bonds to finance:
1. The acquisition by any method of facilities, equipment or
supplies necessary to begin providing nine-one-one emergency
telephone service or nine-one-one wireless emergency telephone
service or any component or system associated therewith; or
2. Any payment necessary for the governing body to associate
with an existing nine-one-one emergency telephone service system or
nine-one-one wireless emergency telephone service system.
Added by Laws 1986, c. 230, § 6, emerg. eff. June 10, 1986. Amended
by Laws 2000, c. 115, § 5, eff. Nov. 1, 2000.
§63-2817. Liability.
A. No public agency or employee of a public agency shall be
liable for the method of providing or failure to provide nine-one-one
emergency telephone or communication service or nine-one-one wireless
emergency telephone service or for the method of providing or failure
to provide emergency response service.
B. No public agency or employee of a public agency shall have
any special duty to any service user or other user of the nine-one-
one emergency telephone system or nine-one-one wireless emergency
telephone system or any other telecommunication or communication
system supplying or obligated to supply nine-one-one service.
C. A service provider of telecommunications or other
communication services involved in providing nine-one-one emergency
telephone service or nine-one-one wireless emergency telephone
service shall not be liable for any claim, damage, or loss arising
from the provision of nine-one-one emergency telephone service or
nine-one-one wireless emergency telephone service unless the act or
omission proximately causing the claim, damage, or loss constitutes
gross negligence, recklessness, or intentional misconduct.
D. As used in this section:
1. "Employee" shall have the same meaning as defined in Section
152 of Title 51 of the Oklahoma Statutes; and
2. "Communication" means the transmission, conveyance, or
routing of real-time, two-way voice communications to a point or
between or among points by or through any electronic, radio,
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satellite, cable, optical, microwave, wireline, wireless, or other
medium or method, regardless of the protocol used.
Added by Laws 1986, c. 230, § 7, emerg. eff. June 10, 1986. Amended
by Laws 2000, c. 115, § 6, eff. Nov. 1, 2000; Laws 2008, c. 138, § 2,
emerg. eff. May 9, 2008.
§63-2818. Contract for administration of emergency telephone
service.
For the administration of nine-one-one emergency telephone
service or nine-one-one wireless emergency telephone service, any
governing body may contract directly with the provider of the nine-
one-one emergency telephone service or nine-one-one wireless
emergency telephone service, or may contract and cooperate with:
1. Any public agency;
2. Other states or their political subdivisions;
3. Any association or corporation for their political
subdivisions; or
4. Any association or corporation.
Added by Laws 1986, c. 230, § 8, emerg. eff. June 10, 1986. Amended
by Laws 1988, c. 130, § 5, emerg. eff. April 13, 1988; Laws 2000, c.
115, § 7, eff. Nov. 1, 2000.
§63-2818.2. Repealed by Laws 1997, c. 46, § 14, emerg. eff. April 7,
1997.
§63-2818.3. Repealed by Laws 1997, c. 46, § 14, emerg. eff. April 7,
1997.
§63-2818.4. Presumption to be considered by committee in developing
recommendations.
The Statewide Emergency 911 Advisory Committee shall, in
developing its recommendations pursuant to Section 2818.3 of Title 63
of the Oklahoma Statutes, consider the presumption that all providers
of dial tone are obligated to participate in the provision of 911
service and its funding.
Added by Laws 1996, c. 198, § 1, emerg. eff. May 20, 1996.
§63-2819. Renumbered as § 2870 of this title by Laws 2016, c. 324, §
13, eff. Nov. 1, 2016.
§63-2820. Use of nine-one-one number for nonemergency purposes.
Any person who owns a telephone or who is charged line or rent
charges from the telephone utility, who uses the nine-one-one number
for nonemergency calls or who allows minor children to use the nine-
one-one number for nonemergency purposes shall be notified by
certified mail, restricted delivery, after the third such infraction.
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Added by Laws 1988, c. 130, § 7, emerg. eff. April 13, 1988. Amended
by Laws 1990, c. 92, § 2, eff. Sept. 1, 1990.
§63-2821. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2841. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2842. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2843. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2843.1. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2843.2. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2844. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2846. Mandatory provision of emergency telephone service –
Confidentiality - Liability.
A. All local exchange companies, and wireless and other
telephone service companies providing service to users in an area in
which nine-one-one emergency telephone service is currently operating
shall also provide emergency telephone service to all subscribing
service users in that area. Wireless and other telephone service
companies shall provide information necessary for automatic number
identification, automatic location identification and selective
routing of nine-one-one emergency wireless calls to cities and
counties answering emergency telephone calls for maintenance of
existing nine-one-one databases. The governing body may reasonably
require sufficient information to ensure compliance with this section
and to provide data for audit and budgetary calculation purposes.
B. Information that a wireless service provider is required to
furnish in providing nine-one-one service is confidential and exempt
from disclosure. The wireless service provider is not liable to any
person who uses a nine-one-one service created under this act for the
release of information furnished by the wireless service provider in
providing nine-one-one service. Information that is confidential
under this section may be released only for budgetary calculation
purposes and only in aggregate form so that no provider-specific
information may be extrapolated.
Added by Laws 2000, c. 115, § 9, eff. Nov. 1, 2000.
§63-2847. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2849. Renumbered as § 2871 of this title by Laws 2016, c. 324, §
13, eff. Nov. 1, 2016.
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§63-2851. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2852. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2853. Repealed by Laws 2016, c. 324, § 14, eff. Jan. 1, 2017.
§63-2855.1. Direct access to 9-1-1 service required
DIRECT ACCESS TO 9-1-1 SERVICE REQUIRED
A. A business owner or operator that owns or controls a
telephone system or equivalent system which utilizes Voice over
Internet Protocol (VoIP) enabled service and provides outbound
dialing capacity or access shall be required to configure the
telephone or equivalent system to allow a person initiating a 9-1-1
call on the system to directly access 9-1-1 without an additional
code, digit, prefix, postfix, or trunk-access code.
B. A business owner or operator that provides residential or
business facilities utilizing a telephone system or equivalent system
as described in subsection A, shall configure the telephone or
equivalent system to provide a notification to a central location on
the site of the residential or business facility when a person within
the residential or business facility dials 9-1-1, provided the
business owner or operator's system is able to be configured to
provide such notification without an improvement to the system's
hardware. The requirement of this subsection does not require a
business owner or operator to have a person available at the central
location to receive such notification.
C. Telephone service providers and Interconnected VoIP Service
providers shall, within sixty (60) days following the enactment of
this act, and at least once annually thereafter, provide written
notification detailing the provisions of this act to any current
commercial customers operating in this state who may be affected by
this act. Such providers shall inform any new commercial customers
of the requirements of this act at the time service is initiated.
D. The provisions of this act shall apply to the extent such
provisions are not inconsistent with or preempted by federal law.
Added by Laws 2016, c. 146, § 2, eff. Jan. 1, 2017.
§63-2861. Short title - Oklahoma 9-1-1 Management Authority Act.
This act shall be known and may be cited as the "Oklahoma 9-1-1
Management Authority Act".
Added by Laws 2016, c. 324, § 1, eff. Nov. 1, 2016.
§63-2862. Definitions.
As used in the Oklahoma 9-1-1 Management Authority Act:
1. "Authority" means the Oklahoma 9-1-1 Management Authority
created in Section 3 of this act;
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2. "Governing body" means the board of county commissioners of a
county, the city council, tribal authority or other governing body of
a municipality, or a combination of such boards, councils or other
municipal governing bodies including county or municipal beneficiary
public trusts, or other public trusts which shall have an
administering board. A governing body made up of two or more
governmental entities shall have a board consisting of not less than
three members and shall consist of at least one member representing
each governmental entity, appointed by the governing body of each
participating governmental entity, as set forth in the agreement
forming the board. The members of the board shall serve for terms of
not more than three (3) years as set forth in the agreement. Members
may be appointed to serve more than one term. The names of the
members of the governing body board and the appointing authority of
each member shall be maintained in the office of the county clerk in
the county or counties in which the system operates, along with
copies of the agreement forming the board and any amendments to that
agreement;
3. "Next-generation 9-1-1" or "NG9-1-1" means an:
a. IP-based system comprised of hardware, software, data,
and operational policies and procedures that:
(1) provides standardized interfaces from emergency
call and message services to support emergency
communications,
(2) processes all types of emergency calls, including
voice, text, data and multimedia information,
(3) acquires and integrates additional emergency call
data useful to call routing and handling,
(4) delivers the emergency calls, messages and data to
the appropriate public safety answering point and
other appropriate emergency entities,
(5) supports data or video communications needs for
coordinated incident response and management, and
(6) provides broadband service to public safety
answering points or other first responder
entities, or
b. IP-based system comprised of hardware, software, data
and operational policies and procedures that conforms
with subsequent amendments made to the definition of
Next Generation 9-1-1 services in Public Law 112-96;
4. "9-1-1 emergency telephone service" means any telephone
system whereby telephone subscribers may utilize a three-digit number
(9-1-1) for reporting an emergency to the appropriate public agency
providing law enforcement, fire, medical or other emergency services,
including ancillary communications systems and personnel necessary to
pass the reported emergency to the appropriate emergency service and
which the wireless service provider is required to provide pursuant
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to the Federal Communications Commission Order 94-102 (961 Federal
Register 40348);
5. "9-1-1 wireless telephone fee" means the fee imposed in
Section 5 of this act to finance the installation and operation of
emergency 9-1-1 services and any necessary equipment;
6. "Place of primary use" means the street address
representative of where the use of the mobile telecommunications
service of the customer primarily occurs, which shall be the
residential street address or the primary business street address of
the customer and shall be within the licensed service area of the
home service provider in accordance with Section 55001 of Title 68 of
the Oklahoma Statutes and the federal Mobile Telecommunications
Sourcing Act, P.L. No. 106-252, codified at 4 U.S.C. 116-126;
7. "Prepaid wireless telecommunications service" means a
telecommunications wireless service that provides the right to
utilize mobile wireless service as well as other telecommunications
services including the download of digital products delivered
electronically, content and ancillary services, which are paid for in
advance and sold in predetermined units or dollars of which the
number declines with use in a known amount;
8. "Proprietary information" means wireless service provider or
VoIP service provider, subscriber, market share, cost and review
information;
9. "Public agency" means any city, town, county, municipal
corporation, public district, public trust, substate planning
district, public authority or tribal authority located within this
state which provides or has authority to provide firefighting, law
enforcement, ambulance, emergency medical or other emergency
services;
10. "Public safety answering point" or "PSAP" means an entity
responsible for receiving 9-1-1 calls and processing those calls
according to specific operational policy;
11. "Wireless service provider" means a provider of commercial
mobile service under Section 332(d) of the Telecommunications Act of
1996, 47 U.S.C., Section 151 et seq., Federal Communications
Commission rules, and the Omnibus Budget Reconciliation Act of 1993,
Pub. L. No. 103-66, and includes a provider of wireless two-way
communication service, radio-telephone communications related to
cellular telephone service, network radio access lines or the
equivalent, and personal communication service. The term does not
include a provider of:
a. a service whose users do not have access to 9-1-1
service,
b. a communication channel used only for data
transmission, or
c. a wireless roaming service or other nonlocal radio
access line service;
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12. "Wireless telecommunications connection" means the ten-digit
access number assigned to a customer regardless of whether more than
one such number is aggregated for the purpose of billing a service
user; and
13. "Voice over Internet Protocol (VoIP) provider" means a
provider of interconnected Voice over Internet Protocol service to
end users in the state, including resellers.
Added by Laws 2016, c. 324, § 2, eff. Nov. 1, 2016.
§63-2863. Oklahoma 9-1-1 Management Authority – Creation - Members.
A. There is hereby created the Oklahoma 9-1-1 Management
Authority which shall be the governing board overseeing the
development and regulation of 9-1-1 emergency systems in this state
and managing the distribution of all 9-1-1 telephone fees collected
pursuant to the provisions of Section 5 of this act.
B. The Authority shall be composed of the following members:
1. One member representing a tribal authority that operates a 9-
1-1 system to be appointed by the President Pro Tempore of the
Senate;
2. One member representing a statewide organization dedicated to
public safety to be appointed by the President Pro Tempore of the
Senate;
3. One member representing a statewide organization dedicated to
career development for emergency number professionals to be appointed
by the Governor;
4. One member representing a statewide organization dedicated to
representing Oklahoma municipalities to be appointed by the Speaker
of the House of Representatives;
5. One member representing a statewide organization representing
Oklahoma county commissioners to be appointed by the Governor;
6. One member representing a statewide association of regional
councils of government to be appointed by the President Pro Tempore
of the Senate;
7. The Chief Information Officer for the state, or designee;
8. One member representing a substate planning district to be
appointed by the Governor;
9. Two members each representing a municipal government
operating a 9-1-1 system and having a population of less than one
hundred thousand (100,000), one to be appointed by the Speaker of the
House of Representatives, and one to be appointed by the Governor;
10. One member representing a municipal government operating a
9-1-1 system and having a population of more than one hundred
thousand (100,000) but less than four hundred fifty thousand
(450,000) to be appointed by the Governor;
11. One member representing a municipal government operating a
9-1-1 system and having a population of more than four hundred fifty
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thousand (450,000) to be appointed by the Speaker of the House of
Representatives;
12. One member representing an organization created by an
interlocal agreement for the purpose of sharing public safety
answering point duties and whose members are municipal governments
with a population of less than four hundred fifty thousand (450,000)
to be appointed by the Governor;
13. One member representing an organization created by an
interlocal agreement for the purpose of sharing public safety
answering point duties and whose members are municipal governments
with a population of more than four hundred fifty thousand (450,000)
to be appointed by the President Pro Tempore of the Senate;
14. One member who is a 9-1-1 Coordinator for a county with a
population of less than twenty thousand (20,000) to be appointed by
the Speaker of the House of Representatives;
15. One member who is a 9-1-1 Coordinator for a county with a
population of more than twenty thousand (20,000) to be appointed by
the President Pro Tempore of the Senate;
16. One member who is a 9-1-1 Coordinator for a county to be
appointed by the Governor;
17. One member representing a local exchange telecommunications
service provider which serves less than fifty thousand (50,000)
access lines in the state or a telephone cooperative to be appointed
by the President Pro Tempore of the Senate;
18. One member representing a local exchange telecommunications
service provider which serves more than fifty thousand (50,000)
access lines in the state to be appointed by the Speaker of the House
of Representatives;
19. One member representing a Tier I wireless carrier, as
defined by the Federal Communications Commission, to be appointed by
the Speaker of the House of Representatives;
20. One member representing a Tier II wireless carrier, as
defined by the Federal Communications Commission, to be appointed by
the Speaker of the House of Representatives;
21. One member representing a Tier III wireless carrier, as
defined by the Federal Communications Commission, to be appointed by
the President Pro Tempore of the Senate;
22. One member representing the telephone industry to be
appointed by the President Pro Tempore of the Senate; and
23. The Oklahoma Secretary of Safety and Security or designee.
C. Members shall serve at the pleasure of their appointing
authority and vacancies shall be filled by the original appointing
authority.
D. Members shall receive no compensation for serving on the
Authority.
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E. At its first meeting annually the Authority shall designate a
chair from its members. Meetings shall be held at the call of the
chair.
F. The Authority shall be subject to the Oklahoma Open Records
Act and the Oklahoma Open Meeting Act.
G. The Oklahoma Department of Emergency Management shall provide
legal, administrative, fiscal and staff support for the Authority.
Expenses related to the provision of such services may be paid from
funds available in the Oklahoma 9-1-1 Management Authority Revolving
Fund created in Section 9 of this act, upon approval by a majority of
the members of the Authority.
H. Members serving on the Statewide Nine-One-One Advisory Board
appointed pursuant to Section 2847 of Title 63 of the Oklahoma
Statutes on the effective date of this act shall continue serving as
members of the Oklahoma 9-1-1 Management Authority unless replaced by
their appointing authority.
Added by Laws 2016, c. 324, § 3, eff. Nov. 1, 2016.
§63-2864. Powers and duties.
The powers and duties of the Oklahoma 9-1-1 Management Authority
created in Section 3 of this act shall be to:
1. Approve or disapprove the selection of the Oklahoma 9-1-1
Coordinator by majority vote of the members. The Authority shall
direct the Oklahoma 9-1-1 Coordinator to administer grants approved
by the Authority pursuant to this section and perform other duties as
it deems necessary to accomplish the requirements of the Oklahoma 9-
1-1 Management Authority Act;
2. Prepare grant solicitations for funding for the purposes of
assisting public agencies with funding for consolidation of
facilities or services, deployment of Phase II technology or
successor technology, development of next-generation 9-1-1 regional
emergency service networks, and for other purposes it deems
appropriate and necessary;
3. Work in conjunction with the Oklahoma Department of Emergency
Management to create an annual budget for the Authority, which shall
be approved by majority vote of the members;
4. Direct the Oklahoma Tax Commission to escrow all or any
portion of funds collected pursuant to the Oklahoma 9-1-1 Management
Authority Act attributable to a public agency, if the public agency
fails to:
a. submit or comply with master plans to deliver Phase II
9-1-1 wireless locating services as required by this
act and approved by the Authority,
b. meet standards of the National Emergency Number
Association (NENA) limited to call-taking and caller-
location technology or comply with an improvement plan
to meet such standards as directed by the Authority,
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c. submit annual reports or audits as required by this
act, or
d. comply with the requirements of this act or procedures
established by the Authority;
5. Establish and submit to the Tax Commission a list of eligible
governing bodies entitled to receive 9-1-1 telephone fees and
establish annual population figures for the purpose of distributing
fees collected pursuant to Section 5 of this act, to be derived by
dividing the population of each public agency's response area by the
total population of the state using data from the latest available
Federal Decennial Census estimates as of July 1 of each year;
6. Assist any public agency the Authority determines is
performing below standards of the NENA, as limited by paragraph 4 of
this section, according to the improvement plan required by the
Oklahoma 9-1-1 Management Authority Act. The Authority shall
establish a time period for the public agency to come into compliance
after which the Authority shall escrow funds as authorized in this
section. Improvement plans may include consideration and
recommendations for consolidation with other public agencies, and
sharing equipment and technology with other jurisdictions;
7. Require an annual report from public agencies regarding
operations and financing of the public safety answering point (PSAP)
and approve, modify or reject such reports;
8. Conduct and review audits and financial records of the
wireless service providers and review public agencies' audits and
financial records regarding the collection, remittance and
expenditures of 9-1-1 wireless telephone fees as required by the
Oklahoma 9-1-1 Management Authority Act;
9. Develop a plan to deploy next-generation 9-1-1 services
statewide. The Authority may fund feasibility and implementation
studies it deems necessary to create the plan;
10. Facilitate information-sharing among public agencies;
11. Create and maintain best practices databases for PSAP
operations;
12. Encourage equipment- and technology-sharing among all
jurisdictions;
13. Develop training program standards for 9-1-1 call takers;
14. Mediate disputes between public agencies and other entities
involved in providing 9-1-1 emergency telephone services;
15. Provide a clearinghouse of contact information for
communications service companies and PSAPs operating in this state;
16. Make recommendations for consolidation upon the request of
public agencies; and
17. Take any steps necessary to carry out the duties required by
the Oklahoma 9-1-1 Management Authority Act.
Added by Laws 2016, c. 324, § 4, eff. Nov. 1, 2016.
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§63-2865. Fees - Transactions.
A. Beginning January 1, 2017, there shall be imposed a 9-1-1
telephone fee as follows:
1. Seventy-five cents ($0.75) monthly on each wireless telephone
connection and other communication device or service connection with
the ability to dial 9-1-1 for emergency calls;
2. Seventy-five cents ($0.75) monthly on each service that is
enabled by Voice over Internet Protocol (VoIP) or Internet Protocol
(IP) with the ability to dial 9-1-1 for emergency calls; and
3. Seventy-five cents ($0.75) on each prepaid wireless retail
transaction occurring in this state.
B. 1. For purposes of paragraph 3 of subsection A of this
section, a retail transaction that is effected in person by a
consumer at a business location of the seller shall be treated as
occurring in this state if that business location is in this state.
Any other retail transaction shall be sourced as provided in
paragraphs 2 through 5 of this subsection as applicable.
2. When the retail transaction does not occur at a business
location of the seller, the retail transaction shall be sourced to
the location where receipt by the consumer, or the consumer's donee,
designated as such by the consumer, occurs, including the location
indicated by instructions for delivery to the consumer or donee,
known to the seller.
3. When the provisions of paragraph 2 of this subsection do not
apply, the sale shall be sourced to the location indicated by an
address for the consumer that is available from the business records
of the seller that are maintained in the ordinary course of the
seller's business when use of this address does not constitute bad
faith.
4. When the provisions of paragraphs 2 and 3 of this subsection
do not apply, the sale shall be sourced to the location indicated by
an address for the consumer obtained during the consummation of the
sale, including the address of a consumer's payment instrument, if no
other address is available, when use of this address does not
constitute bad faith.
5. When none of the previous rules of paragraphs 1, 2, 3 and 4
of this subsection apply, including the circumstance in which the
seller is without sufficient information to apply the previous rules,
then the location shall be determined by the address from which the
service was provided, disregarding for these purposes any location
that merely provided the digital transfer of the product sold. If
the seller knows the mobile telephone number, the location will be
that which is associated with the mobile telephone number.
C. The fees authorized by subsection A of this section shall not
be assessed on landline phone customers.
D. The fees imposed in subsection A of this section shall
replace any 9-1-1 wireless telephone fees previously adopted by any
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county pursuant to Section 2843.1 of Title 63 of the Oklahoma
Statutes, or 9-1-1 VoIP emergency service fees adopted by a governing
body pursuant to Section 2853 of Title 63 of the Oklahoma Statutes,
or fees on prepaid wireless retail transactions pursuant to Section
2843.2 of Title 63 of the Oklahoma Statutes. Fees collected and
transferred pursuant to those sections shall remain in effect through
December 31, 2016.
E. From each seventy-five-cent fee assessed and collected
pursuant to subsection A of this section, five cents ($0.05) shall be
deposited into the Oklahoma 9-1-1 Management Authority Revolving Fund
created pursuant to Section 9 of this act. Funds accumulating in
this revolving fund shall be used to fund the salary of the Oklahoma
9-1-1 Coordinator and any administrative staff, operations of the
Authority and any costs associated with the administration of the
Oklahoma 9-1-1 Management Authority Act within the Oklahoma
Department of Emergency Management, and for grants approved by the
Authority for purposes as authorized in this act.
Added by Laws 2016, c. 324, § 5, eff. Nov. 1, 2016.
§63-2866. Collection, payment and distribution of fees – Wireless
and VoIP providers.
A. 9-1-1 telephone fees authorized and collected by wireless
service providers and Voice over Internet Protocol (VoIP) providers,
pursuant to paragraphs 1 and 2 of subsection A of Section 5 of this
act, from each of their end users residing in this state shall be
paid to the Oklahoma Tax Commission no later than the twentieth day
of the month succeeding the month of collection.
B. From the total fees collected pursuant to paragraphs 1 and 2
of subsection A of Section 5 of this act, one percent (1%) shall be
retained by the wireless service provider or VoIP provider, and one
percent (1%) shall be retained by the Tax Commission as reimbursement
for the direct cost of administering the collection and remittance of
the fees.
C. Every billed service subscriber shall be liable for any 9-1-1
wireless telephone fee imposed pursuant to the Oklahoma 9-1-1
Management Authority Act until the fee has been paid to the wireless
service provider.
D. Fees imposed pursuant to the Oklahoma 9-1-1 Management
Authority Act which are required to be collected by the wireless
service provider or VoIP provider may be added to and shall be stated
separately in any billings to the service subscriber.
E. The wireless service provider or VoIP provider shall have no
obligation to take any legal action to enforce the collection of any
9-1-1 wireless telephone fee imposed pursuant to the provisions of
the Oklahoma 9-1-1 Management Authority Act. Should any service
subscriber tender a payment insufficient to satisfy all charges,
tariffs, fees and taxes for wireless telephone or VoIP service, the
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amount tendered shall be credited to the 9-1-1 wireless telephone fee
in the same manner as other taxes and fees.
F. Any 9-1-1 fee imposed pursuant to the provisions of the
Oklahoma 9-1-1 Management Authority Act shall be collected insofar as
practicable at the same time as, and along with, the charges for
wireless telephone or VoIP service in accordance with the regular
billing practice of the provider.
G. Nothing in the Oklahoma 9-1-1 Management Authority Act shall
be construed to limit the ability of a wireless service provider or
VoIP provider from recovering its costs associated with designing,
developing, deploying and maintaining enhanced 9-1-1 service directly
from the service subscribers of the provider, whether the costs are
itemized on the bill of the service subscriber as a surcharge or by
any other lawful means.
H. The wireless service provider or VoIP provider shall maintain
records of the amount of 9-1-1 telephone fees collected in accordance
with the provisions of the Oklahoma 9-1-1 Management Authority Act
for a period of three (3) years from the time the fee is collected.
The State Auditor and Inspector, the Oklahoma 9-1-1 Management
Authority or any affected public agency may require an annual audit
of the books and records of the wireless service provider or VoIP
provider concerning the collection and remittance of fees authorized
by this act. Auditors shall have access to all information used by
the wireless service provider or VoIP provider to calculate and remit
the 9-1-1 telephone fee. Audit expenses shall be reimbursable
pursuant to procedures established by the Oklahoma 9-1-1 Management
Authority if the audit is approved by the Authority.
I. The wireless service provider or VoIP provider shall provide
to the Oklahoma 9-1-1 Management Authority an annual census showing
the primary place of use of its subscribers located by county and
either a municipality or unincorporated area. The census shall
contain all subscribers as of December 31 of each year, and shall be
provided to the Authority no later than February 1 of each year.
J. All proprietary information provided by a wireless service
provider or VoIP provider to the Authority shall not be subject to
disclosure to the public or any other party.
K. Within thirty (30) days of receipt, the Oklahoma Tax
Commission shall pay available fees remitted pursuant to Section 5 of
this act to the governing bodies that the Oklahoma 9-1-1 Management
Authority has certified in accordance with Section 4 of this act as
eligible to receive funds. The share to be paid to or escrowed for
each governing body shall be determined by dividing the population of
the governing body by the total population of the state using the
latest Federal Decennial Census estimates.
Added by Laws 2016, c. 324, § 6, eff. Nov. 1, 2016.
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§63-2867. Collection, payment and distribution of fees – Prepaid
wireless providers.
A. Prepaid 9-1-1 wireless transaction fees authorized and
collected pursuant to paragraph 3 of subsection A of Section 5 of
this act from retailers shall be paid to the Oklahoma Tax Commission
under procedures established by the Tax Commission that substantially
coincide with the registration and payment procedures that apply
under the Oklahoma Sales Tax Code and as directed by the Oklahoma 9-
1-1 Management Authority. The audit and appeal procedures, including
limitations period, applicable to the Oklahoma Sales Tax Code shall
apply to prepaid 9-1-1 wireless telephone fees.
B. From the total fees collected pursuant to paragraph 3 of
subsection A of Section 5 of this act, three percent (3%) shall be
retained by the seller and one percent (1%) shall be retained by the
Tax Commission as reimbursement for the direct cost of administering
the collection and remittance of such fees.
C. The prepaid 9-1-1 wireless transaction fee shall be collected
by the retailer from the consumer for each retail transaction
occurring in this state. The amount of the prepaid 9-1-1 wireless
fee shall either be separately stated on the invoice, receipt or
similar document that is provided to the consumer by the seller, or
otherwise disclosed to the consumer.
D. The prepaid 9-1-1 wireless telephone fee is the liability of
the consumer and not of the seller or of any provider, except that
the seller shall be liable to remit all prepaid 9-1-1 wireless
telephone fees that the seller collects as provided in this section,
including all charges that the seller is deemed to collect where the
amount of the fee has not been separately stated on an invoice,
receipt or other similar document.
E. If the amount of the prepaid 9-1-1 wireless telephone fee is
separately stated on the invoice, receipt or similar document, the
prepaid 9-1-1 wireless telephone fee shall not be included in the
base for measuring any tax, fee, surcharge or other charge that is
imposed by the state, any political subdivision of this state or any
intergovernmental agency.
Added by Laws 2016, c. 324, § 7, eff. Nov. 1, 2016.
§63-2868. Use of funds – Annual audit – Annual report.
A. Public agencies recognized by the Oklahoma 9-1-1 Management
Authority and authorized to receive funds collected pursuant to the
provisions of this act shall use the funds only for services,
equipment and operations related to 9-1-1 emergency telephone
systems.
B. Money remitted to public agencies pursuant to the Oklahoma 9-
1-1 Management Authority Act and any money otherwise collected by any
lawful means for purposes of providing 9-1-1 emergency telephone
services shall be deposited in a separate 9-1-1 emergency telephone
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service account established by a public agency or its governing body
to carry out the requirements of this act. Monies remaining in such
accounts at the end of a fiscal year shall carry over to subsequent
years. The monies deposited in the Oklahoma 9-1-1 Management
Authority Revolving Fund shall at no time be monies of the state and
shall not become part of the general budget of the Office of
Emergency Management or any other state agency. Except as otherwise
authorized by this act, no monies from the Oklahoma 9-1-1 Management
Authority Revolving Fund shall be transferred for any purpose to any
other state agency or any account of the Office of Emergency
Management or be used for the purpose of contracting with any other
state agency or reimbursing any other state agency for any expense.
Payments from the Oklahoma 9-1-1 Management Authority Revolving Fund
shall not become or be construed to be any obligation of the state.
No claims for reimbursement from the Oklahoma 9-1-1 Management
Authority Revolving Fund shall be paid with state monies.
C. If the Oklahoma 9-1-1 Management Authority determines that
the public agency has failed to deploy Phase II service or has failed
to deliver service consistent with National Emergency Number
Association (NENA) standards, the public agency shall submit an
improvement plan within the time prescribed by the Authority. The
Authority may order the Oklahoma Tax Commission to escrow fees
attributable to public agencies which have not submitted plans or
complied with improvement plans.
D. A public agency shall be required to have conducted
separately or as a part of the annual audit required by law of the
municipality or county an annual audit of any accounts established or
used for the operation of a 9-1-1 emergency telephone system. The
audit may be conducted by the State Auditor and Inspector at the
discretion of the public agency. The cost of the audit of the 9-1-1
emergency telephone system may be paid from and be considered a part
of the operating expenses of the 9-1-1 emergency telephone system.
Proprietary information of the wireless service providers shall be
confidential. Audit information pertaining to revenue collected or
disbursed may be released only in aggregate form so that no provider-
specific information may be extrapolated.
E. Public agencies shall be required to annually submit to the
Authority:
1. A report, on a form to be prescribed by the Authority,
covering the operation and financing of the public safety answering
point which shall include all sources of funding available to the
public agency for the 9-1-1 emergency telephone system; and
2. A copy of the most recent annual audit showing all expenses
of the public agency relating to the 9-1-1 emergency telephone
system.
F. The Authority shall have the power to review, approve, submit
for further information or deny approval of the annual report of each
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public agency required pursuant to subsection E of this section.
Failure by a public agency to submit the report annually or denial of
a report may cause the Authority to order the Tax Commission to
escrow the 9-1-1 emergency telephone fees due to the public agency
until the public agency complies with the requirements of the
Oklahoma 9-1-1 Management Authority Act and the procedures
established by the Authority.
G. The governing body of the public agency shall meet at least
quarterly to oversee the operations of the 9-1-1 emergency telephone
system, review expenditures and annually set and approve an operating
budget, and take any other action as necessary for the operation and
management of the system.
H. Records and meetings of the public agency shall be subject to
the Oklahoma Open Records Act and the Oklahoma Open Meeting Act.
Added by Laws 2016, c. 324, § 8, eff. Nov. 1, 2016.
§63-2869. Oklahoma 9-1-1 Management Authority Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Department of Emergency Management to be designated
the "Oklahoma 9-1-1 Management Authority 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 Tax
Commission from fees designated for support of 9-1-1 emergency
services. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Department of Emergency Management upon approval by the Oklahoma 9-1-
1 Management Authority for the purpose of supporting the
administration of the Authority and providing grants to public
agencies providing 9-1-1 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.
Added by Laws 2016, c. 324, § 9, eff. Nov. 1, 2016.
§63-2870. False alarm, complaint or information - Penalty.
No person shall call the number 9-1-1 for the purpose of making a
knowingly false alarm or complaint or reporting knowingly false
information which could result in the dispatch of emergency services
from any public agency as defined in Section 2 of this act. Nor
shall any person call 9-1-1 for nonemergency or personal use. Any
person violating the provisions of this section, upon conviction,
shall be guilty of a misdemeanor punishable by a fine of not to
exceed Five Hundred Dollars ($500.00) and by an assessment for the
resulting costs of any dispatching of emergency personnel and
equipment for each such offense.
Added by Laws 1986, c. 230, § 9, emerg. eff. June 10, 1986. Amended
by Laws 1988, c. 130, § 6, emerg. eff. April 13, 1988; Laws 1990, c.
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92, § 1, eff. Sept. 1, 1990; Laws 2000, c. 115, § 8, eff. Nov. 1,
2000; Laws 2016, c. 324, § 10, eff. Nov. 1, 2016. Renumbered from §
2819 of this title by Laws 2016, c. 324, § 13, eff. Nov. 1, 2016.
§63-2871. Regional Emergency Nine-One-One Services Act.
A. This act shall be known and may be cited as the "Regional
Emergency 9-1-1 Services Act".
B. It is the purpose of the Regional Emergency 9-1-1 Services
Act to encourage formation of emergency communication districts in
order to provide efficient delivery of emergency 9-1-1 service
throughout the state.
C. This act shall not apply to any 9-1-1 system or public agency
participating in a 9-1-1 system that was established prior to January
1, 2017, and that had adopted Phase II 9-1-1 service by that date.
D. For the purposes of this section:
1. "District" means an emergency communication district;
2. "Emergency communication district" means a district formed
pursuant to this act to deliver emergency 9-1-1 services on a
regional basis;
3. "9-1-1 system" means an entity that processes emergency 9-1-1
calls through a public safety answering point;
4. "Participating public agency" means a public agency that is
included in a district;
5. "Principal municipality" means the municipality with the
largest population in a district; and
6. "Public agency" means any city, town, county, municipal
corporation, public district, public trust, substate planning
district, public authority or tribal authority located within this
state which provides or has authority to provide firefighting, law
enforcement, ambulance, emergency medical or other emergency
services.
E. On or before December 31, 2017, all public agencies in this
state shall form regional emergency communication districts for the
purpose of creating an area-wide emergency 9-1-1 system for their
respective jurisdictions. The territory of the district shall be
coextensive with the territory of the regional substate planning
district unless a different territory is approved by the Oklahoma 9-
1-1 Management Authority. If a public agency is situated in more
than one such territory, it shall become part of the district in
which it is principally located. If, due to the effect of subsection
C of this section, the majority of the participating public agencies
located in the territory of a proposed district determine that it
would be in the best interests of their citizens, they may request
inclusion in an adjacent district.
F. The public agencies to be included in each district may form
the district by entering into local cooperative agreements which
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shall establish a governance structure and provide for the joint
implementation, funding, operation, and management of the district.
G. If the public agencies in a region are unable to develop a
local cooperative agreement by December 31, 2017, they shall be
included in an emergency communication district that is governed by a
board of directors consisting of an appointee by each public agency
that was authorized by its voters to fund a 9-1-1 system prior to the
formation of the district, one appointee elected by a majority of the
remaining public agencies in the district, and an additional
appointee by the principal municipality in the district who shall
serve as chair of the board.
H. Unless otherwise provided by agreement, any participating
public agency that had been authorized by its voters to fund a 9-1-1
system prior to the formation of the district shall retain control of
the property, operation, and funding of its system; provided,
however, the district may contract with such participating public
agency to include the agency's system in the district's master
implementation plan. To the extent practicable, the district shall
not duplicate the equipment or answering point services already
provided by a participating public agency. A user of one or more
communication services subject to the payment of fees or taxes for an
emergency 9-1-1 system shall not be charged for more than one such
fee or tax for each service.
I. An emergency communication district shall have power to make
all contracts to carry out the purposes of the Regional Emergency 9-
1-1 Services Act, purchase and convey real property, impose service
fees authorized for public agencies for the provision of 9-1-1
service, appoint a manager of the district, and adopt rules and
policies for the operation of the district.
J. Within one (1) year after the effective date of the formation
of the district, the board of directors shall submit its master plan
to deliver Phase II emergency 9-1-1 service throughout its territory
to the Oklahoma 9-1-1 Management Authority for approval. The
Authority shall have the power to prescribe the terms of the plan and
to approve or disapprove the master plan. Additionally, the
Authority shall have the power to request the Tax Commission to
escrow the wireless fees attributable to the public agencies which
have not submitted a master plan or which have not complied with the
terms of the master plan.
K. An emergency communication district shall operate on a fiscal
year beginning July 1. It shall adopt an annual budget and cause to
be prepared an independent financial audit annually. As soon as
practicable after the end of the fiscal year, the district shall
deliver to each participating public agency an annual report showing
in detail the operations of the district.
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Added by Laws 2009, c. 291, § 1, eff. July 1, 2009. Amended by Laws
2016, c. 324, § 11, eff. Nov. 1, 2016. Renumbered from § 2849 of
this title by Laws 2016, c. 324, § 13, eff. Nov. 1, 2016.
§63-2901. Energy Conservation Assistance Fund.
A. There is hereby created in the State Treasury a special fund,
which shall be designated the "Energy Conservation Assistance Fund".
Said fund shall, on and after July 1, 1982, consist of funds
contributed to it.
B. The purpose of said fund shall be to provide energy
conservation grants to qualifying low-income homeowners for
insulation, weatherization and other methods of improving the energy
efficiency of their principal residence for the purpose of reducing
energy waste, improving the state's housing stock and stimulating the
construction industry.
Added by Laws 1982, c. 324, § 1. Amended by Laws 1989, c. 112, § 1,
operative July 1, 1989.
§63-2902. Disbursement and implementation of Fund - Publicizing
program - Eligibility standards - Priority of applications - Issuance
of grants - Form of applications - Contractors; eligibility,
payments, monitoring and audit of financial and operating records.
A. The Oklahoma Department of Commerce shall be responsible for
the disbursement and implementation of the Energy Conservation
Assistance Fund.
B. The Department shall involve senior citizen groups, social
service agencies and other civic groups in publicizing such program.
C. The Department of Human Services, in cooperation with the
Oklahoma Department of Commerce, shall determine eligibility
requirements necessary to qualify a homeowner to obtain such grants.
Upon meeting any such eligibility standards, the Department of Human
Services shall certify to the Oklahoma Department of Commerce that
such homeowner is qualified to receive such grant upon notification
of such certification. The Oklahoma Department of Commerce shall
distribute the grant funds. Priorities shall be established for
applications according to those indicating the greatest need. Low-
income elderly and handicapped applicants shall be given first
priority.
D. In order to qualify for grant assistance, the property shall
meet all of the following requirements:
1. The property shall be the homestead of the applicant; and
2. The property for which the grant is issued shall not be
income-producing or used in any method other than as the principal
residence of the applicant.
E. Grants may be issued to finance the following types of
weatherization:
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1. Structural repairs necessary to improve efficient heating and
cooling of the residence;
2. Insulation for attics, walls and water heaters;
3. Replacement of broken glass, inefficient doors and door
thresholds;
4. Storm windows;
5. Caulking and weather stripping; and
6. Other appropriate energy conservation measures as determined
by the Oklahoma Department of Commerce.
No grants shall be made through this program unless an energy
audit has been performed on the applicant's principal residence.
No grant shall exceed Three Thousand Dollars ($3,000.00). No
grant shall be awarded to any applicant with an annual income in
excess of the amount specified in this subsection.
Income eligibility shall be determined based on one hundred
twenty-five percent (125%) of the poverty guidelines issued by the
United States Office of Management and Budget.
F. The application for the grant shall be in such form as
determined by the Oklahoma Department of Commerce. No grant shall be
issued to any person until such person has been certified as eligible
by the Department of Human Services. The applicant shall be provided
with copies of all documents related to the issuance of the grant.
The applicant shall provide documents, as required, concerning the
status of property and household income.
G. 1. The Oklahoma Department of Commerce contractors shall be
nonprofit community action agencies or other nonprofit entities
experienced with weatherization programs. The Oklahoma Department of
Commerce shall monitor contractors for compliance with all Department
policies, guidelines and regulations.
2. Contractors shall be responsible for completion and
inspection of all work undertaken. No payment shall be made to any
contractor until after the required documentation is submitted and
approved by the Oklahoma Department of Commerce. Payments to
contractors shall be made for services rendered and shall be based on
the costs previously agreed to in writing.
H. The Oklahoma Department of Commerce shall actively monitor
and audit the financial and operating records of the contractors
involved with the Energy Conservation Assistance Fund to assure
appropriate compliance with established regulations, guidelines and
standards. The Oklahoma Department of Commerce shall also monitor
contractors to ensure use of proper materials and workmanship.
Added by Laws 1982, c. 324, § 2. Amended by Laws 1986, c. 207, § 60,
operative July 1, 1986; Laws 1989, c. 112, § 2, operative July 1,
1989.
§63-2903. Lien against property - Foreclosure - Repayment of loan.
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A. The State of Oklahoma through the Department shall have a
lien against the property on which the work is being performed for
the amount of the loan plus interest thereon. The Department shall
record a notice of lien with the county clerk where the property is
located. A delinquent installment of the loan may be foreclosed by
the Department and the property concerned shall be sold in the manner
provided for foreclosures of mortgages on land. Any real estate sold
under any order, judgment or decree of court to satisfy the lien may
be redeemed by the owner or his assignee at any time within one (1)
year of the date of the sale by paying to the purchaser thereof or
his assignee the amount paid with interest from the date of purchase
at the rate of twelve percent (12%) per year.
B. Repayment of each loan shall be determined according to a
repayment schedule determined by the Department.
C. Repayment of the loan may be deferred until that time when
the loan recipient sells the property or ownership is transferred. In
such cases where a loan has not been repaid after ten (10) years,
another ten-year extension shall be granted if the loan recipient or
the surviving spouse is still the owner-occupier of the residence.
Such extensions shall be granted until such time when the property is
transferred from the loan recipient or the surviving spouse to
another party.
D. Loan repayments shall be made to the Oklahoma Department of
Commerce and shall be deposited in the Energy Conservation Loan Fund.
Added by Laws 1982, c. 324, § 3. Amended by Laws 1986, c. 207, § 61,
operative July 1, 1986.
§63-2904. Consumer education programs.
Contractors shall provide consumer education programs to further
maximize energy cost savings. Homeowners shall be encouraged to
actively participate in consumer education programs to minimize
energy-related expenses. Homeowners shall be responsible for proper
upkeep and maintenance of the weatherization work completed on their
homes.
Added by Laws 1989, c. 112, § 3, operative July 1, 1989.
§63-3001. Sale of pull-top or flip-top can prohibited - Definitions.
A. No person shall sell or offer for sale in this state any
pull-top or flip-top container.
B. For purposes of this section:
1. "Pull-top" or "flip-top container" means a beverage container
so designed and constructed that a part of the container is
detachable in opening the container. The term pull-top or flip-top
container shall not mean a container on which the only detachable
part of which is a pressure-sensitive tape;
2. "Beverage container" means the individual, separate, sealed
metal can containing a beverage; and
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3. "Beverage" means beer or other malt beverages, mineral
waters, fruit juices, ades and similar noncarbonated drinks, soda
water and similarly flavored carbonated soft drinks in liquid form
and intended for human consumption.
Added by Laws 1981, c. 144, § 1, eff. Jan. 1, 1983. Amended by Laws
1993, c. 145, § 348, eff. July 1, 1993.
§63-3001.1. Renumbered as § 2-11-502 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-3001.2. Renumbered as § 2-11-503 of Title 27A by Laws 1993, c.
145, § 359, eff. July 1, 1993.
§63-3080.1. Short title.
Sections 1 through 5 of this act shall be known and may be cited
as the "Hydration and Nutrition for Incompetent Patients Act".
Added by Laws 1987, c. 40, § 1, eff. Nov. 1, 1987.
§63-3080.2. Definitions.
As used in the Hydration and Nutrition for Incompetent Patients
Act:
1. "Attending physician" means the physician who has primary
responsibility for the overall medical treatment and care of a
patient;
2. "Final stage" means the last stage of a terminal illness or
injury in which, even with the use of medical treatment, the person
with the terminal illness or injury is in the dying process and will
die within a reasonably short period of time;
3. "Health care provider" means a person who is licensed,
certified, or otherwise authorized by the law of this state to
administer health care in the ordinary course of business or practice
of a profession;
4. "Incompetent patient" means any person who:
a. is a minor, or
b. has been declared legally incompetent to make
decisions affecting medical treatment or care, or
c. in the reasonable judgment of the attending
physician, is unable to make decisions affecting medical treatment or
other health care services;
5. "Nutrition" means sustenance administered by way of the
gastrointestinal tract;
6. "Physician" means a physician or surgeon licensed by the
State Board of Medical Examiners or State Board of Osteopathy; and
7. "Terminal illness or injury" means an incurable and
irreversible medical condition that, even with the use of medical
treatment, will result in the death of a person from that condition
or a complication arising from that condition.
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Added by Laws 1987, c. 40, § 2, eff. Nov. 1, 1987.
§63-3080.3. Presumption of hydration and nutrition sufficient to
sustain life.
It shall be presumed that every incompetent patient has directed
his health care providers to provide him with hydration and nutrition
to a degree that is sufficient to sustain life.
Added by Laws 1987, c. 40, § 3, eff. Nov. 1, 1987.
§63-3080.4. Presumption of nutrition and hydration, when
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 artificially
administered hydration or artificially administered nutrition should
be withheld or withdrawn from him;
2. A court finds by clear and convincing evidence that the
patient, when competent, decided on the basis of information
sufficient to constitute informed consent that artificially
administered hydration or artificially administered nutrition should
be withheld or withdrawn from him;
3. An advance directive has been executed pursuant to the
Oklahoma Natural Death Act specifically authorizing the withholding
or withdrawal of nutrition and/or hydration;
4. An advance directive has been executed pursuant to the
Oklahoma Rights of the Terminally Ill or Persistently Unconscious Act
specifically authorizing the withholding or withdrawal of nutrition
and/or hydration;
5. An advance directive for health care has been executed
pursuant to the Oklahoma Advance Directive Act specifically
authorizing the withholding or withdrawal of nutrition and/or
hydration;
6. In the reasonable medical judgment of the incompetent
patient's attending physician and a second consulting physician,
artificially administered hydration or artificially administered
nutrition will itself cause severe, intractable, and long-lasting
pain to the incompetent patient or such nutrition or hydration is not
medically possible; or
7. In the reasonable medical judgment of the incompetent
patient's attending physician and a second consulting physician:
a. the incompetent patient is chronically and irreversibly
incompetent,
b. the incompetent patient is in the final stage of a
terminal illness or injury, and
c. the death of the incompetent patient is imminent.
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B. No advance directive shall be deemed to satisfy the
provisions of subsection A of this section unless the advance
directive complies with the requirements of Section 3101.4 or Section
3101.14 of this title.
C. Hydration or nutrition may not be withheld or withdrawn
pursuant to paragraph 7 of subsection A of this section if this would
result in death from dehydration or starvation rather than from the
underlying terminal illness or injury.
Added by Laws 1987, c. 40, § 4, eff. Nov. 1, 1987. Amended by Laws
1990, c. 268, § 9, eff. July 1, 1990; Laws 1992, c. 114, § 17, eff.
Sept. 1, 1992; Laws 2006, c. 171, § 2, emerg. eff. May 17, 2006.
§63-3080.5. Withdrawing treatment or care.
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 state shall not be construed to permit
withdrawal or withholding of medical treatment, care, nutrition or
hydration from an incompetent patient because of the mental
disability or mental status of that patient.
C. No guardian, public or private agency, court, or any other
person shall have the authority to make a decision on behalf of an
incompetent patient to withhold or withdraw hydration or nutrition
from said patient except in the circumstances and under the
conditions specifically provided for in Section 3080.4 of this
title.
Added by Laws 1987, c. 40, § 5, eff. Nov. 1, 1987. Amended by Laws
1992, c. 114, § 18, eff. Sept. 1, 1992.
§63-3090.1. Short title - Nondiscrimination in Treatment Act.
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.
§63-3090.2. Definitions.
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 business;
2. "Health care service" means any phase of patient medical
care, treatment or procedure, including, but not limited to, therapy,
testing, diagnosis or prognosis, prescribing, dispensing or
administering any device, drug or medication, surgery or any other
care or treatment rendered by health care providers;
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3. "Life-preserving health care service" means a health care
service, the denial of which, in reasonable medical judgment, will
result in or hasten the death of the patient; and
4. "Person legally authorized to make health care decisions"
means, in the case of an adult patient, or of a minor patient who may
consent to have services provided by health professionals under
Section 2602 of this title, the person or persons designated to make
health care decisions for the patient pursuant to Section 2 of this
act, and in the case of any other minor, it means the minor's
custodial parent or guardian.
Added by Laws 2013, c. 160, § 2, eff. Nov. 1, 2013. Amended by Laws
2017, c. 144, § 1, eff. Nov. 1, 2017.
§63-3090.3. Nondiscrimination in treatment.
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 basis of a view that treats extending the life of an
elderly, disabled, or terminally ill individual as of lower value
than extending the life of an individual who is younger, nondisabled,
or not terminally ill; or
2. On the basis of disagreement with how the patient or person
legally authorized to make health care decisions for the patient
values the trade-off between extending the length of the patient's
life and the risk of disability.
B. In an action pursuant to this act, if the plaintiff pleads a
prima facie case, the health care provider may defend his or her or
its actions by pleading a legitimate, nondiscriminatory reason or
reasons that provided a basis for the denial of treatment, subject to
an opportunity for the plaintiff to plead that the reason or reasons
for the denial of treatment are discriminatory in their application.
Added by Laws 2013, c. 160, § 3, eff. Nov. 1, 2013.
§63-3090.4. Injunctive relief.
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 authorized to make health care decisions for the patient.
However, a violation of the act does not constitute negligence per se
for purposes of a civil action for damages.
Added by Laws 2013, c. 160, § 4, eff. Nov. 1, 2013.
§63-3091.1. Short title - Right to Try Act.
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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.
§63-3091.2. Definitions.
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 unable to participate in a clinical trial for the
terminal illness within one hundred (100) miles of the
patient's home address, or not been accepted to the
clinical trial within one (1) week of completion of the
clinical trial application process,
d. received a recommendation from his or her physician for
the use of an investigational drug, biological product
or device,
e. given written, informed consent for the use of the
investigational drug, biological product or device or,
if the patient is a minor or lacks the mental capacity
to provide informed consent, a parent or legal guardian
has given written, informed consent on the patient's
behalf, and
f. documentation from his or her physician that he or she
meets the requirements of this paragraph.
"Eligible patient" does not include a person being treated as an
inpatient in a hospital licensed pursuant to the provisions of
Section 1-701 et seq. of Title 63 of the Oklahoma Statutes;
2. "Investigational drug, biological product or device" means a
drug, biological product or device that has successfully completed
phase one of a clinical trial but has not yet been approved for
general use by the United States Food and Drug Administration and
remains under investigation in a clinical trial approved by the
United States Food and Drug Administration;
3. "Terminal illness" means a disease that, without life-
sustaining procedures, will soon result in death or a state of
permanent unconsciousness from which recovery is unlikely; and
4. "Written, informed consent" means a written document signed
by the patient and attested to by the patient's physician and a
witness that, at a minimum:
a. explains the currently approved products and treatments
for the disease or condition from which the patient
suffers,
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b. attests to the fact that the patient concurs with his
or her physician in believing that all currently
approved and conventionally recognized treatments are
unlikely to prolong the patient's life,
c. clearly identifies the specific proposed
investigational drug, biological product or device that
the patient is seeking to use,
d. describes the best and worst potential outcomes of
using the investigational drug, biological product or
device with a realistic description of the most likely
outcome, including the possibility that new,
unanticipated, different or worse symptoms might
result, and that death could be hastened by the
proposed treatment, based on the physician's knowledge
of the proposed treatment in conjunction with an
awareness of the patient's condition,
e. makes clear that the patient's health insurer and
provider are not obligated to pay for any care or
treatments consequent to the use of the investigational
drug, biological product or device,
f. makes clear that the patient's eligibility for hospice
care may be withdrawn if the patient begins curative
treatment and care may be reinstated if the curative
treatment ends and the patient meets hospice
eligibility requirements,
g. makes clear that in-home health care may be denied if
treatment begins, and
h. states that the patient understands that he or she is
liable for all expenses consequent to the use of the
investigational drug, biological product or device, and
that this liability extends to the patient's estate
unless a contract between the patient and the
manufacturer of the drug, biological product or device
states otherwise.
Added by Laws 2015, c. 112, § 2, eff. Nov. 1, 2015.
§63-3091.3. Manufacturers' rights – Insurance coverage – Liability
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 product or
device may be made available through a pharmacy. This act does not
require that a manufacturer make available an investigational drug,
biological product or device to an eligible patient.
B. A manufacturer may:
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1. Provide an investigational drug, biological product or device
to an eligible patient without receiving compensation; or
2. Require an eligible patient to pay the costs of, or the costs
associated with, the manufacture of the investigational drug,
biological product or device.
C. A health insurance carrier may, but is not required to,
provide coverage for the cost of an investigational drug, biological
product or device.
D. An insurer may deny coverage to an eligible patient from the
time the eligible patient begins use of the investigational drug,
biological product or device through a period not to exceed six (6)
months from the time the investigational drug, biological product or
device is no longer used by the eligible patient; provided, that
coverage may not be denied for a preexisting condition and for
coverage for benefits which commenced prior to the time the eligible
patient begins use of such drug, biological product or device.
E. If a patient dies while being treated by an investigational
drug, biological product or device, the patient's heirs are not
liable for any outstanding debt related to the treatment or lack of
insurance due to the treatment.
Added by Laws 2015, c. 112, § 3, eff. Nov. 1, 2015.
§63-3091.4. Actions against health care provider's license or
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 access to or
treatment with an investigational drug, biological product or device,
as long as the recommendations are consistent with medical standards
of care. Action against a health care provider's Medicare
certification based solely on the health care provider's
recommendation that a patient have access to an investigational drug,
biological product or device is prohibited.
Added by Laws 2015, c. 112, § 4, eff. Nov. 1, 2015.
§63-3091.5. Patient access – Counseling, advice or recommendations.
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 provider is not a violation of this section.
Added by Laws 2015, c. 112, § 5, eff. Nov. 1, 2015.
§63-3091.6. Immunity against private causes of action.
The Right to Try Act does not create a private cause of action
against a manufacturer of an investigational drug, biological product
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or device or against another person or entity involved in the care of
an eligible patient using the investigational drug, biological
product or device, for any harm done to the eligible patient
resulting from the investigational drug, biological product or
device, so long as the manufacturer or other person or entity is
complying in good faith with the terms of the Right to Try Act,
unless there was a failure to exercise reasonable care.
Added by Laws 2015, c. 112, § 6, eff. Nov. 1, 2015.
§63-3091.7. Clinical trials.
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.
§63-3101. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3101.1. Short title.
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.
§63-3101.2. Purpose - Protection for proxies and health care
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 medical treatment or to direct that it be
withdrawn, even if death ensues;
2. Recognize that the right of individuals to control some
aspects of their own medical treatment is protected by the
Constitution of the United States and overrides any obligation the
physician and other health care providers may have to render care or
to preserve life and health;
3. Recognize that decisions concerning one's medical treatment
involve highly sensitive, personal issues that do not belong in
court, even if the individual is incapacitated, so long as a proxy
decision-maker can make the necessary decisions based on the known
intentions, personal views, or best interests of the individual. If
evidence of the individual's wishes is sufficient, those wishes
should control; if there is not sufficient evidence of the
individual's wishes, the proxy's decisions should be based on the
proxy's reasonable judgment about the individual's values and what
the individual's wishes would be based upon those values. The proper
role of the court is to settle disputes and to act as the proxy
decision-maker of last resort when no other proxy is authorized by
the individual or is otherwise authorized by law;
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4. Restate and clarify the law to ensure that the individual's
advance directive for health care will continue to be honored during
incapacity without court involvement; and
5. Encourage and support health care instructions by the
individual in advance of incapacity and the delegation of decision-
making powers to a health care proxy.
B. To be sure that the individual's health care instructions and
proxy decision-making will be effective, the Oklahoma Advance
Directive Act also includes necessary and appropriate protection for
proxies and health care providers who rely in good faith on the
instructions of the individual and the decisions of an authorized
proxy.
C. The Oklahoma Advance Directive Act does not condone,
authorize, or approve mercy killing, assisted suicide, or euthanasia.
Added by Laws 1992, c. 114, § 2, eff. Sept. 1, 1992. Amended by Laws
2006, c. 171, § 4, emerg. eff. May 17, 2006.
§63-3101.3. Definitions.
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 appointment of a proxy;
2. "Attending physician" means the physician who has primary
responsibility for the treatment and care of the patient;
3. "Declarant" means any individual who has issued an advance
directive according to the procedure provided for in Section 3101.4
of this title;
4. “End-stage condition” means a condition caused by injury,
disease, or illness, which results in severe and permanent
deterioration indicated by incompetency and complete physical
dependency for which, to a reasonable degree of medical certainty,
treatment of the irreversible condition would be medically
ineffective;
5. "Health care provider" means a person who is licensed,
certified, or otherwise authorized by the law of this state to
administer health care in the ordinary course of business or practice
of a profession;
6. "Health care proxy" is an individual eighteen (18) years old
or older appointed by the declarant as attorney-in-fact to make
health care decisions including, but not limited to, the provision,
withholding, or withdrawal of life-sustaining treatment if a
qualified patient, in the opinion of the attending physician and
another physician, is persistently unconscious, incompetent, or
otherwise mentally or physically incapable of communication;
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7. "Persistently unconscious" means an irreversible condition,
as determined by the attending physician and another physician, in
which thought and awareness of self and environment are absent;
8. "Person" means an individual, corporation, business trust,
estate, trust, partnership, association, joint venture, government,
governmental subdivision or agency, or any other legal or commercial
entity;
9. "Physician" means an individual licensed to practice medicine
in this state;
10. "Qualified patient" means a patient eighteen (18) years of
age or older who has executed an advance directive and who has been
determined to be incapable of making an informed decision regarding
health care, including the provision, withholding, or withdrawal of
life-sustaining treatment, by the attending physician and another
physician who have examined the patient;
11. "State" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of
Puerto Rico; and
12. "Terminal condition" means an incurable and irreversible
condition that, even with the administration of life-sustaining
treatment, will, in the opinion of the attending physician and
another physician, result in death within six (6) months.
Added by Laws 1992, c. 114, § 3, eff. Sept. 1, 1992. Amended by Laws
2006, c. 171, § 5, emerg. eff. May 17, 2006.
§63-3101.4. Advance directive - Execution - Specific
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 care
governing the provision, withholding, or withdrawal of life-
sustaining treatment. The advance directive shall be signed by the
declarant and witnessed by two individuals who are eighteen (18)
years of age or older who are not legatees, devisees, or heirs at
law.
B. An advance directive that is not in the form set forth in
subsection C of this section and that is executed in Oklahoma shall
not be deemed to authorize the withholding or withdrawal of
artificially administered nutrition and/or hydration unless it
specifically authorizes the withholding or withdrawal of artificially
administered nutrition and/or hydration in the declarant’s own words
or by a separate section, separate paragraph, or other separate
subdivision that deals only with nutrition and/or hydration and which
section, paragraph, or other subdivision is separately initialed,
separately signed, or otherwise separately marked by the declarant.
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C. An advance directive may be in substantially the following
form:
Advance Directive for Health Care
If I am incapable of making an informed decision regarding my health
care, I direct my health care providers to follow my instructions
below.
I. Living Will
If my attending physician and another physician determine
that I am no longer able to make decisions regarding my
medical treatment, I direct my attending physician and
other health care providers, pursuant to the Oklahoma
Advance Directive Act, to follow my instructions as set
forth below:
(1) If I have a terminal condition, that is, an incurable
and irreversible condition that even with the
administration of life-sustaining treatment will, in
the opinion of the attending physician and another
physician, result in death within six (6) months:
____ I direct that my life not be extended by
life-sustaining treatment, except that if I
am unable to take food and water by mouth, I
wish to receive artificially administered
nutrition and hydration.
Initial only ____ I direct that my life not be extended by
one option life-sustaining treatment, including
artificially administered nutrition and
hydration.
____ I direct that I be given life-sustaining
treatment and, if I am unable to take food
and water by mouth, I wish to receive
artificially administered nutrition and
hydration.
_____ See my more specific instructions in paragraph (4) below.
(Initial if applicable)
(2) If I am persistently unconscious, that is, I have
an irreversible condition, as determined by the
attending physician and another physician, in
which thought and awareness of self and
environment are absent:
_____ I direct that my life not be extended by
life-sustaining treatment, except that if I
am unable to take food and water by mouth, I
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wish to receive artificially administered
nutrition and hydration.
Initial only _____ I direct that my life not be extended by
one option life-sustaining treatment, including
artificially administered nutrition and
hydration.
_____ I direct that I be given life-sustaining
treatment and, if I am unable to take food
and water by mouth, I wish to receive
artificially administered nutrition and
hydration.
_____ See my more specific instructions in paragraph (4) below.
(Initial if applicable)
(3) If I have an end-stage condition, that is, a
condition caused by injury, disease, or illness,
which results in severe and permanent deterioration
indicated by incompetency and complete physical
dependency for which treatment of the irreversible
condition would be medically ineffective:
_____ I direct that my life not be extended by
life-sustaining treatment, except that if
I am unable to take food and water by mouth,
I wish to receive artificially administered
nutrition and hydration.
Initial only _____ I direct that my life not be extended by
one option life-sustaining treatment, including
artificially administered nutrition and
hydration.
_____ I direct that I be given life-sustaining
treatment and, if I am unable to take food
and water by mouth, I wish to receive
artificially administered nutrition and
hydration.
_____ See my more specific instructions in paragraph (4) below.
(Initial if applicable)
(4) OTHER. Here you may:
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(a) describe other conditions in which you would
want life-sustaining treatment or
artificially administered nutrition and
hydration provided, withheld, or withdrawn,
(b) give more specific instructions about your
wishes concerning life-sustaining treatment
or artificially administered nutrition and
hydration if you have a terminal condition,
are persistently unconscious, or have an end-
stage condition, or
(c) do both of these:
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_______
Initial
II. My Appointment of My Health Care Proxy
If my attending physician and another physician determine that I am
no longer able to make decisions regarding my medical treatment, I
direct my attending physician and other health care providers
pursuant to the Oklahoma Advance Directive Act to follow the
instructions of _______________, whom I appoint as my health care
proxy. If my health care proxy is unable or unwilling to serve, I
appoint ______________ as my alternate health care proxy with the
same authority. My health care proxy is authorized to make whatever
medical treatment decisions I could make if I were able, except that
decisions regarding life-sustaining treatment and artificially
administered nutrition and hydration can be made by my health care
proxy or alternate health care proxy only as I have indicated in the
foregoing sections.
If I fail to designate a health care proxy in this section, I am
deliberately declining to designate a health care proxy.
III. Anatomical Gifts
Pursuant to the provisions of the Uniform Anatomical Gift Act, I
direct that at the time of my death my entire body or designated body
organs or body parts be donated for purposes of:
(Initial all that apply)
_____ transplantation
_____ therapy
_____ advancement of medical science, research, or education
_____ advancement of dental science, research, or education
Death means either irreversible cessation of circulatory and
respiratory functions or irreversible cessation of all functions of
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the entire brain, including the brain stem. If I initial the “yes”
line below, I specifically donate:
_____ My entire body
or
_____ The following body organs or parts:
_____ lungs _____ liver
_____ pancreas _____ heart
_____ kidneys _____ brain
_____ skin _____ bones/marrow
_____ blood/fluids _____ tissue
_____ arteries _____ eyes/cornea/lens
IV. General Provisions
a. I understand that I must be eighteen (18) years of age
or older to execute this form.
b. I understand that my witnesses must be eighteen (18)
years of age or older and shall not be related to me
and shall not inherit from me.
c. I understand that if I have been diagnosed as pregnant
and that diagnosis is known to my attending physician,
I will be provided with life-sustaining treatment and
artificially administered hydration and nutrition
unless I have, in my own words, specifically authorized
that during a course of pregnancy, life-sustaining
treatment and/or artificially administered hydration
and/or nutrition shall be withheld or withdrawn.
d. In the absence of my ability to give directions
regarding the use of life-sustaining procedures, it is
my intention that this advance directive shall be
honored by my family and physicians as the final
expression of my legal right to choose or refuse
medical or surgical treatment including, but not
limited to, the administration of life-sustaining
procedures, and I accept the consequences of such
choice or refusal.
e. This advance directive shall be in effect until it is
revoked.
f. I understand that I may revoke this advance directive
at any time.
g. I understand and agree that if I have any prior
directives, and if I sign this advance directive, my
prior directives are revoked.
h. I understand the full importance of this advance
directive and I am emotionally and mentally competent
to make this advance directive.
i. I understand that my physician(s) shall make all
decisions based upon his or her best judgment applying
with ordinary care and diligence the knowledge and
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skill that is possessed and used by members of the
physician’s profession in good standing engaged in the
same field of practice at that time, measured by
national standards.
Signed this _____ day of __________, 20 __.
___________________________________
(Signature)
___________________________________
City of
___________________________________
County, Oklahoma
___________________________________
Date of birth
_______________________________________
(Optional for identification purposes)
This advance directive was signed in my presence.
___________________________________
Witness
___________________________, Oklahoma
Residence
___________________________________
Witness
___________________________, Oklahoma
Residence
D. A physician or other health care provider who is furnished
the original or a photocopy of the advance directive shall make it a
part of the declarant's medical record and, if unwilling to comply
with the advance directive, promptly so advise the declarant.
E. In the case of a qualified patient, the patient's health care
proxy, in consultation with the attending physician, shall have the
authority to make treatment decisions for the patient including the
provision, withholding, or withdrawal of life-sustaining procedures
if so indicated in the patient's advance directive.
F. A person executing an advance directive appointing a health
care proxy who may not have an attending physician for reasons based
on established religious beliefs or tenets may designate an
individual other than the designated health care proxy, in lieu of an
attending physician and other physician, to determine the lack of
decisional capacity of the person. Such designation shall be
specified and included as part of the advance directive executed
pursuant to the provisions of this section.
Added by Laws 1992, c. 114, § 4, eff. Sept. 1, 1992. Amended by Laws
1995, c. 99, § 1, eff. Nov. 1, 1995; Laws 2003, c. 270, § 1, eff.
Nov. 1, 2003; Laws 2004, c. 166, § 1, eff. Nov. 1, 2004; Laws 2006,
c. 171, § 6, emerg. eff. May 17, 2006.
§63-3101.5. Advance directive - When and which become operative.
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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 and other health
care providers shall act in accordance with its provisions or comply
with the provisions of Section 9 of this act.
B. In the event more than one valid advance directive has been
executed and not revoked, the last advance directive so executed
shall be construed to be the last wishes of the declarant and shall
become operative pursuant to subsection A of this section.
Added by Laws 1992, c. 114, § 5, eff. Sept. 1, 1992.
§63-3101.6. Advance directive - Revocation.
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 declarant or a witness to the revocation.
B. The attending physician or other health care provider shall
make the revocation a part of the declarant's medical record.
Added by Laws 1992, c. 114, § 6, eff. Sept. 1, 1992.
§63-3101.7. Qualified patient - Determination - Record.
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.
§63-3101.8. Patient's right to make decisions regarding life-
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 hydration are withheld or withdrawn,
the patient shall be provided with medication or other medical
treatment to alleviate pain and will be provided with oral
consumption of food and water.
C. If a qualified patient has been diagnosed as pregnant and
that diagnosis is known to the attending physician, the pregnant
patient shall be provided with life-sustaining treatment and
artificially administered hydration and nutrition, unless the patient
has specifically authorized, in her own words, that during a course
of pregnancy, life-sustaining treatment and/or artificially
administered hydration and/or nutrition shall be withheld or
withdrawn. If it is not known if the patient is pregnant, the said
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physician shall, where appropriate considering age and other relevant
factors, determine whether or not the patient is pregnant.
Added by Laws 1992, c. 114, § 8, eff. Sept. 1, 1992. Amended by Laws
2006, c. 171, § 7, emerg. eff. May 17, 2006.
§63-3101.9. Physician or health care provider unwilling to comply
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
declarant becomes a qualified patient. Once a patient has
established a physician-patient relationship with a physician or a
provider-patient relationship with another health care provider, if
the physician or other health care provider refuses to comply with a
medical treatment decision made by or on behalf of the patient
pursuant to the Oklahoma Advance Directive Act, or with a medical
treatment decision made by such a patient who has decision-making
capacity, and if the refusal would in reasonable medical judgment be
likely to result in the death of the patient, then the physician or
other health care provider must comply with the medical treatment
decision pending the completion of the transfer of the patient to a
physician or health care provider willing to comply with the
decision. Nothing in this section shall require the provision of
treatment if the physician or other health care provider is
physically or legally unable to provide or is physically or legally
unable to provide without thereby denying the same treatment to
another patient. Nothing in this section may be construed to alter
any legal obligation or lack of legal obligation of a physician or
other health care provider to provide medical treatment, nutrition,
or hydration to a patient who refuses or is unable to pay for them.
Added by Laws 1992, c. 114, § 9, eff. Sept. 1, 1992. Amended by Laws
1995, c. 99, § 2, eff. Nov. 1, 1995; Laws 1998, c. 164, § 1, emerg.
eff. April 28, 1998; Laws 2006, c. 171, § 8, emerg. eff. May 17,
2006.
§63-3101.10. Civil and criminal liability and disciplinary actions.
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. A physician or other health care provider, whose actions
under the Oklahoma Advance Directive Act are in accord with
reasonable medical standards, is not subject to criminal or civil
liability or discipline for unprofessional conduct with respect to
those actions; provided, that this subsection may not be construed to
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authorize a violation of Section 3101.9 of this title. In making
decisions and determinations pursuant to the Oklahoma Advance
Directive Act the physician shall use his or her best judgment
applying with ordinary care and diligence the knowledge and skill
that is possessed and used by members of the physician’s profession
in good standing engaged in the same field of practice at that time,
measured by national standards.
C. An individual designated as a health care proxy, pursuant to
Section 3101.4 of this title, to make health care decisions for a
declarant and whose decisions regarding the declarant are made in
good faith pursuant to the Oklahoma Advance Directive Act, is not
subject to criminal or civil liability, or discipline for
unprofessional conduct with respect to those decisions.
Added by Laws 1992, c. 114, § 10, eff. Sept. 1, 1992. Amended by
Laws 1995, c. 99, § 3, eff. Nov. 1, 1995; Laws 2006, c. 171, § 9,
emerg. eff. May 17, 2006.
§63-3101.11. Acts constituting unprofessional conduct - Acts
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 determination
of the patient's condition in accordance with Section 3101.7 of this
title shall be guilty of unprofessional conduct.
C. Any person who willfully conceals, cancels, defaces, alters,
or obliterates the advance directive of another without the
declarant's consent, or who falsifies or forges a revocation of the
advance directive of another shall be, upon conviction, guilty of a
felony.
D. A person who in any way falsifies or forges the advance
directive of another, or who willfully conceals or withholds personal
knowledge of a revocation as provided in Section 3101.6 of this title
shall be, upon conviction, guilty of a felony.
E. A person who requires or prohibits the execution of an
advance directive as a condition for being insured for, or receiving,
health care services shall be, upon conviction, guilty of a felony.
F. A person who coerces or fraudulently induces another to
execute an advance directive or revocation shall be, upon conviction,
guilty of a felony.
G. The sanctions provided in this section do not displace any
sanction applicable under other law.
Added by Laws 1992, c. 114, § 11, eff. Sept. 1, 1992. Amended by
Laws 2006, c. 171, § 10, emerg. eff. May 17, 2006.
§63-3101.12. Interpretation, construction and application of act.
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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 shall not affect in any manner the sale, procurement,
or issuance of any policy of life insurance or annuity, nor shall it
affect, impair, or modify the terms of an existing policy of life
insurance or annuity. A policy of life insurance or annuity shall
not be legally impaired or invalidated in any manner by the
withholding or withdrawal of life-sustaining treatment from an
insured qualified patient, regardless of any term of the policy or
annuity to the contrary.
C. A person shall not prohibit or require the execution of an
advance directive as a condition for being insured for, or receiving,
health care services.
D. The Oklahoma Advance Directive Act creates no presumption
concerning the intention of an individual who has revoked or has not
executed an advance directive with respect to the use, withholding,
or withdrawal of life-sustaining treatment.
E. The Oklahoma Advance Directive Act shall not affect the right
of a patient to make decisions regarding use of life-sustaining
treatment, so long as the patient is able to do so, or impair or
supersede any right or responsibility that a person has to effect the
withholding or withdrawal of medical care; provided, that this
subsection may not be construed to authorize a violation of Section
3101.9 of this title.
F. The Oklahoma Advance Directive Act shall not be construed to
condone, authorize, or approve mercy killing, assisted suicide, or
euthanasia.
G. Failure to designate a health care proxy in accordance with
Section 3101.4 of this title shall not be interpreted to invalidate
the authority of a health care proxy to make life-sustaining
treatment decisions if otherwise authorized by law.
Added by Laws 1992, c. 114, § 12, eff. Sept. 1, 1992. Amended by
Laws 1995, c. 99, § 4, eff. Nov. 1, 1995; Laws 2006, c. 171, § 11,
emerg. eff. May 17, 2006.
§63-3101.13. Presumption of validity of advance directive.
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, emerg. eff. May 17, 2006.
§63-3101.14. Directives executed out-of-state.
/ -*--+!(' !+0 '.!- -&,-)!2 -9!$4"
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, executed in another state in compliance with
the law of that state or of this state is valid for purposes of the
Oklahoma Advance Directive Act to the extent the advance directive
does not exceed authorizations allowed under the laws of this state;
provided, that no such advance directive shall be deemed to authorize
the withholding or withdrawal of artificially administered nutrition
and/or hydration unless it specifically authorizes such withholding
or withdrawal of artificially administered nutrition and/or
hydration, and either the advance directive:
1. Was executed by a person who was not a resident of Oklahoma
at the time of execution; or
2. Specifically authorizes the withholding or withdrawal of
artificially administered nutrition and/or hydration in the
declarant’s own words or by a separate section, separate paragraph,
or other separate subdivision that deals only with nutrition and/or
hydration and which section, paragraph, or other subdivision is
separately initialed, separately signed, or otherwise separately
marked by the person executing the advance directive.
Added by Laws 1992, c. 114, § 14, eff. Sept. 1, 1992. Amended by
Laws 2006, c. 171, § 13, emerg. eff. May 17, 2006.
§63-3101.15. Directives executed prior to change in law.
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 made pursuant to this act. Such directive shall be
binding on the attending physician whether or not the person who
executed the directive was in a terminal condition at the time of
execution unless there is evidence that the person executing the
directive intended that it should be binding only if executed or re-
executed after the person became afflicted with a terminal condition
as defined by the former Oklahoma Natural Death Act.
B. Any advance directive executed prior to the enactment of any
amendment to the Oklahoma Advance Directive Act which substantially
complied with the law in effect at the time of the execution of the
directive shall be enforceable according to its terms until revoked
and shall have the same force and effect as if made pursuant to this
act, as amended.
Added by Laws 1992, c. 114, § 15, eff. Sept. 1, 1992. Amended by
Laws 1995, c. 99, § 5, eff. Nov. 1, 1995; Laws 2006, c. 171, § 14,
emerg. eff. May 17, 2006.
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§63-3101.16. Treatment decisions to be based on known intentions,
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 the declarant. If evidence of
the declarant's wishes is sufficient, those wishes shall control. If
there is not sufficient evidence of the wishes of the declarant, the
decisions shall be based on the reasonable judgment of the individual
so deciding about the values of the declarant and what the wishes of
the declarant would be based upon those values.
Added by Laws 1992, c. 114, § 16, eff. Sept. 1, 1992. Amended by
Laws 2006, c. 171, § 15, emerg. eff. May 17, 2006.
§63-3102. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3102.1. Advance directives registry database.
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B. The registry shall be maintained in a secure database that is
designed to provide access to each advance directive filed in the
database by the person who executed the advance directive, those
named as agents in the advance directive, any person related within
the fourth degree of consanguinity or affinity to the person who
executed the advance directive, or a health care provider caring for
the person who executed the advance directive.
C. The State Department of Health may enter into contracts with
private vendors to obtain the services necessary to meet the
requirements of the Oklahoma Advance Directive Act. Any costs to the
public to access the registry shall be negotiated in the contracts
provided for in this paragraph.
Added by Laws 2009, c. 236, § 1, eff. Nov. 1, 2009. Amended by Laws
2015, c. 43, § 1, eff. Nov. 1, 2015.
§63-3102.2. Advance directive forms database.
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B. Under the heading "Statutory Advance Directive Form", the
website shall include the forms specified in subsection C of Section
3101.4 of this title.
C. Under the heading "Alternative Advance Directive Forms", the
website shall include other advance directive forms submitted to the
Department by individuals and groups in an electronic format the
Department shall specify; provided, that before being posted on the
website, any such form shall be reviewed to ensure that the form
complies with the requirements of Section 3101.4 of this title and
other provisions of state law.
D. In the section titled "Alternative Advance Directive Forms",
the website shall prominently post the following disclaimer:
"This website includes for your consideration alternative advance
directive forms submitted by individuals or groups reflecting
different perspectives on advance health care decisions which you may
wish to review before completing your own advance directive.
Although they have been reviewed to ensure that they do not violate
Oklahoma law, neither the State Department of Health nor the State of
Oklahoma endorses or assumes any responsibility for any of these
forms."
E. The State Department of Health shall promulgate rules
necessary to implement the provisions of this act.
Added by Laws 2009, c. 236, § 2, eff. Nov. 1, 2009. Amended by Laws
2015, c. 43, § 2, eff. Nov. 1, 2015.
§63-3102.3. Patient disclosure relating to advanced directives 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 directives with
the Department’s advance directives registry. The Department shall
make the current disclosure statement available on the Department’s
website and shall inform the entities specified in subsection B of
this section of the availability of the disclosure statement and how
to obtain the disclosure statement.
B. Any entity to which the requirements of 42 U.S.C., Section
1395cc(f) or of 42 U.S.C., Section 1396a(w) apply shall, at the time
of providing the written information required by 42 U.S.C., Section
1395cc(f)(1)(A)(i) or 42 U.S.C., Section 1396a(w)(1)(A)(i), include a
copy of the disclosure statement described in subsection A of this
section.
Added by Laws 2009, c. 236, § 3, eff. Nov. 1, 2009.
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§63-3102.4. Classes and priorities for persons authorized to make
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 otherwise mentally or physically
incapable of communicating, a person who is reasonably available and
willing in the following classes, in the order of priority set forth
in this subsection, shall be authorized to make health care decisions
for the patient under the same standard as that applicable to making
life-sustaining treatment decisions under Section 3101.16 of this
title, excluding any person who is disqualified from exercising such
authority by Section 3102.5 of this title. If those within a class
disagree, a majority within the class may make a health care decision
for the patient. However, a provider of health care to the patient
or any member or members of any of the following classes may petition
a court that would have jurisdiction over a guardianship proceeding
concerning the patient under Section 1-115 of Title 30 of the
Oklahoma Statutes to seek an order directing a different health care
decision on the ground that the health care decision or decisions
made violate the standard required by this section, granting another
member or other members from among the following classes
(notwithstanding the statutory order of priority) supervening
authority to make health care decisions for the patient on the ground
that clear and convincing evidence demonstrates they are more likely
to adhere to that standard, or both. Upon motion by any party, the
court shall issue an order requiring that pending its decision on the
merits and the resolution of any appeal the patient be provided with
health care of which denial, in reasonable medical judgment, would be
likely to result in or hasten the death of the patient, unless its
provision would require denial of the same health care to another
patient. The classes are as follows:
1. A general guardian of the person appointed pursuant to
subsection A of Section 3-112 of Title 30 of the Oklahoma Statutes or
a limited guardian of the person appointed pursuant to subsection B
of Section 3-112 of Title 30 of the Oklahoma Statutes with authority
to make personal medical decisions as determined under paragraph 5 of
subsection B of Section 3-113 of Title 30 of the Oklahoma Statutes;
2. A health care proxy, or alternate health care proxy,
designated by the patient, as defined in paragraph 6 of Section
3101.3 of Title 63 of the Oklahoma Statutes;
3. An attorney-in-fact authorized to act pursuant to the Uniform
Durable Power of Attorney Act, Sections 1071 through 1077 of Title 58
of the Oklahoma Statutes, with authority to act regarding the
patient's health and medical care decisions, subject to the
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limitations under paragraph 1 of subsection B of Section 1072.1 of
Title 58 of the Oklahoma Statutes;
4. The patient's spouse;
5. Adult children of the patient;
6. Parents of the patient;
7. Adult siblings;
8. Other adult relatives of the patient in order of kinship; or
9. Close friends of the patient who have maintained regular
contact with the patient sufficient to be familiar with the patient's
personal values. Execution of an affidavit stating specific facts
and circumstances documenting such contact constitutes prima facie
evidence of close friendship.
B. Prior to making a health care decision for a patient pursuant
to subsection A of this section, a person shall provide to the health
care provider or health care entity a signed copy of the following
statement to be entered into the patient's medical record:
"I hereby certify that:
I have not been convicted of, pleaded guilty to or pleaded no
contest to the crimes of abuse, verbal abuse, neglect or financial
exploitation by a caregiver; exploitation of an elderly person or
disabled adult; or abuse, neglect, exploitation or sexual abuse of a
child;
I have not been found to have committed abuse, verbal abuse or
exploitation by a final investigative finding of the State Department
of Health or Department of Human Services or by a finding of an
administrative law judge, unless it was overturned on appeal; and
I have not been criminally charged as a person responsible for
the care of a vulnerable adult with a crime resulting in the death or
near death of a vulnerable adult."
Added by Laws 2017, c. 144, § 2, eff. Nov. 1, 2017. Amended by Laws
2019, c. 211, § 1, eff. Nov. 1, 2019.
§63-3102.5. Persons not authorized to make health care decisions.
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 Statutes;
2. Has been found to have committed abuse, verbal abuse or
exploitation, as these terms are defined in Section 10-103 of Title
43A of the Oklahoma Statutes, by a final State Department of Health
or Department of Human Services investigative finding or by an
administrative law judge finding, unless that finding has been
overturned through judicial review; or
3. Has been criminally charged as described in subsection B of
Section 10-110.1 of Title 43A of the Oklahoma Statutes, unless the
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person has been acquitted or those charges have been finally
dismissed.
B. No health care provider or health care entity shall be liable
for following in good faith the instructions of a person otherwise
authorized to make health care decisions for a patient and who has
submitted the statement as required by Section 3102.4 of this title,
but whom the health care provider or health care entity does not know
or have reason to know is disqualified from exercising such authority
by subsection A of this section.
Added by Laws 2017, c. 144, § 3, eff. Nov. 1, 2017. Amended by Laws
2019, c. 211, § 2, eff. Nov. 1, 2019.
§63-3102A. Experimental treatments, tests or drugs - Persons
eligible to give consent.
A. When an adult person, 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 Association,
or holding clinical privileges at a healthcare institution that
conducts human subject research approved by local institutional
review board, and such person is incapable of giving informed consent
for a local-institutional-review-board-approved experimental
treatment, test or drug, then such treatment, test or drug may
proceed upon obtaining informed consent of a legal guardian,
attorney-in-fact with health care decision authority, or a family
member in the following order of priority:
1. The spouse, unless the patient has no spouse, or is
separated, or the spouse is physically or mentally incapable of
giving consent, or the spouse's location is unknown or the spouse is
overseas, or the spouse is otherwise not available;
2. An adult son or daughter;
3. Either parent;
4. An adult brother or sister; or
5. A relative by blood or marriage.
B. Nothing in this section shall authorize such legal guardian,
attorney-in-fact or family member to consent to treatment in
contravention to such incapacitated person's expressed permission or
prohibition regarding such treatment.
Added by Laws 1997, c. 122, § 1, eff. Nov. 1, 1997. Amended by Laws
2005, c. 211, § 4, eff. Nov. 1, 2005.
§63-3103. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3103.1. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3104. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
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§63-3105. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3105.1. Short title - Physician Orders for Life-Sustaining
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.
§63-3105.2. Definitions.
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 Uniform Durable Power of Attorney Act, Sections
1071 through 1077 of Title 58 of the Oklahoma Statutes, with
authority to act regarding the patient's health and medical care
decisions, subject to the limitations under paragraph 1 of subsection
B of Section 1072.1 of Title 58 of the Oklahoma Statutes;
2. "Guardian" means a general guardian of the person appointed
pursuant to subsection A of Section 3-112 of Title 30 of the Oklahoma
Statutes or a limited guardian of the person appointed pursuant to
subsection B of Section 3-112 of Title 30 of the Oklahoma Statutes
with the authority to make personal medical decisions as determined
under paragraph 5 of subsection B of Section 3-113 of Title 30 of the
Oklahoma Statutes;
3. "Health care provider" means a person who is licensed,
certified or otherwise authorized by the laws of this state to
administer health care in the ordinary course of business or practice
of a profession;
4. "Health care proxy" means 1a health care proxy (or alternate
health care proxy) authorized to act pursuant to the Oklahoma Advance
Directive Act, Sections 3101.1 through 3101.16 of Title 63 of the
Oklahoma Statutes, as defined in paragraph 6 of Section 3101.3 of
Title 63 of the Oklahoma Statutes; and
5. "Other legally authorized person" means a person, other than
a minor's custodial parent or guardian, the patient or the patient's
attorney-in-fact, guardian or health care proxy, who has authority to
make health care decisions for the patient under common law.
Added by Laws 2016, c. 355, § 2.
§63-3105.3. Orders for life-sustaining treatment – Standardized 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 for life-sustaining treatment
shall be executed, implemented, reviewed and revoked in accordance
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with the instructions on the form required by this section. At the
beginning of renewing and preparing it in consultation with the
patient or the patient's legally authorized representative, the
attending physician or the health care professional preparing the
form or an agent of either shall give that person a copy of the
disclosure statement described in Section 3163 of Title 63 of the
Oklahoma Statutes. When a patient with a valid POLST experiences a
change in medical condition that creates a situation in which, in
reasonable medical judgment, withholding specific health care
rejected by the POLST will cause or hasten the patient's death, if
the patient is then capable of making decisions affecting health care
the attending physician shall discuss the situation and treatment
with the patient and determine whether, on the basis of information
sufficient for informed consent, the patient still wishes the
direction in the POLST to control or instead wishes to receive the
treatment.
C. A physician orders for life-sustaining treatment (POLST),
physician orders for scope of treatment (POST), medical orders for
life-sustaining treatment (MOLST), medical orders for scope of
treatment (MOST), transportable physician orders for patient
preferences (TPOPP) or similar document that does not comply with the
standardized format for an Oklahoma physician orders for life-
sustaining treatment established by regulations promulgated in
accordance with this section:
a. that was executed in this state prior to the effective
date of the standardized format established in
accordance with this section shall have no validity
after forty-five (45) days following that effective
date or after ten (10) days following the admission of
the patient to an Oklahoma medical care facility,
whichever is later; provided, that a standardized
format Oklahoma physician orders for life-sustaining
treatment executed subsequent to such document's
execution shall immediately supersede it, or
b. that was executed outside this state in compliance with
the laws of the jurisdiction of execution shall have no
validity after ten (10) days following the admission of
the patient to an Oklahoma medical care facility;
provided, that a standardized format Oklahoma physician
orders for life-sustaining treatment executed
subsequent to such document's execution shall
immediately supersede it.
Added by Laws 2016, c. 355, § 3.
§63-3105.4. Format and content of form.
1. At the top of the first page of the standardized format
Oklahoma physician orders for life-sustaining treatment form the
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following wording in all capitals shall appear against a contrasting
color background: "FORM SHALL ACCOMPANY PERSON WHEN TRANSFERRED OR
DISCHARGED"; at the bottom of the first page the following wording in
all capitals shall appear against a contrasting color background:
"HIPAA PERMITS DISCLOSURE TO HEALTH CARE PROFESSIONALS AND PROXY
DECISION MAKERS AS NECESSARY FOR TREATMENT".
2. There shall be an introductory section, the left block of
which shall contain the name "Oklahoma Physician Orders for Life-
Sustaining Treatment (POLST)" followed by the words, "This Physician
Order set is based on the patient's current medical condition and
wishes and is to be reviewed for potential replacement in the case of
a substantial change in either, as well as in other cases listed
under F. Any section not completed indicates full treatment for that
section. Photocopy or fax copy of this form is legal and valid." and
the right block of which shall contain lines for the patient's name,
the patient's date of birth and the effective date of the form
followed by the statement, "Form must be reviewed at least annually."
3. In Section A of the form, the left block shall contain, in
bold font, "A. Check One", and the right block shall be headed, in
bold font, "Cardiopulmonary Resuscitation (CPR): Person has no pulse
and is not breathing." below which there shall be a checkbox followed
by "Attempt Resuscitation (CPR)", then a checkbox followed by "Do Not
Attempt Resuscitation (DNR/ no CPR)", and below which shall be the
words, "When not in cardiopulmonary arrest, follow orders in B, C and
D below."
4. In Section B of the form, the left block shall contain, in
bold, "B. Check One", and the right block shall be headed, in bold,
"Medical Interventions: Person has pulse and/or is breathing."
Below this there shall be a checkbox followed by, in bold, "Full
Treatment" followed by, "Includes the use of intubation, advanced
airway interventions, mechanical ventilation, defibrillation or
cardio version as indicated, medical treatment, intravenous fluids,
and cardiac monitor as indicated. Transfer to hospital if indicated.
Include intensive care. Includes treatment listed under "Limited
Interventions" and "Comfort Measures", followed by, in bold,
"Treatment Goal: Attempt to preserve life by all medically effective
means."
Below this there shall be a checkbox followed by, in bold,
"Limited Interventions" followed by, "Includes the use of medical
treatment, oral and intravenous medications, intravenous fluids,
cardiac monitoring as indicated, noninvasive bi-level positive airway
pressure, a bag valve mask or other advanced airway interventions.
Includes treatment listed under "Comfort Measures", followed by, "Do
not use intubation or mechanical ventilation. Transfer to hospital
if indicated. Avoid intensive care." followed by, in bold,
"Treatment Goal: Attempt to preserve life by basic medical
treatments."
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Below this there shall be a checkbox followed by, in bold,
"Comfort Measures only" followed by, "Includes keeping the patient
clean, warm and dry; use of medication by any route; positioning,
wound care and other measures to relieve pain and suffering. Use
oxygen, suction and manual treatment of airway obstruction as needed
for comfort. Transfer from current location to intermediate facility
only if needed and adequate to meet comfort needs and to hospital
only if comfort needs cannot otherwise be met in the patient's
current location (e.g., hip fracture; if intravenous route of comfort
measures is required)."
Below this there shall be, in italics, "Additional Orders:"
followed by an underlined space for other instructions.
5. In Section C of the form, the left block shall contain, in
bold, "C. Check One" and the right block shall be headed, in bold,
"Antibiotics".
Below this there shall be a checkbox followed by, in bold, "Use
antibiotics to preserve life."
Below this there shall be a checkbox followed by, in bold, "Trial
period of antibiotics if and when infection occurs." After this
there shall be, in italics, "*Include goals below in E."
Below this there shall be a checkbox followed by, in bold,
"Initially, use antibiotics only to relieve pain and discomfort."
After this there shall be, in italics, "+Contact patient or patient's
representative for further direction."
Below this there shall be, in italics, "Additional Orders:"
followed by an underlined space for other instructions.
6. In Section D of the form, the left block shall contain, in
bold, "D. Check One in Each Column", and the right block shall be
headed in bold, "Assisted Nutrition and Hydration", below which shall
be "Administer oral fluids and nutrition, if necessary by spoon
feeding, if physically possible." Below these the right block shall
be divided into three columns.
The leftmost column shall be headed, "TPN (Total Parenteral
Nutrition-provision of nutrition into blood vessels)." Below this
there shall be a checkbox followed by, in bold, "TPN long-term"
followed by "if needed". Below this there shall be a checkbox
followed by, in bold, "TPN for a trial period*". Below this there
shall be a checkbox followed by, in bold, "Initially, no TPN+".
The middle column shall be headed "Tube Feeding". Below this
there shall be a checkbox followed by, in bold, "Long-term feeding
tube" followed by "if needed". Below this there shall be a checkbox
followed by, in bold, "Feeding tube for a trial period*". Below this
there shall be a checkbox followed by, in bold, "Initially, no
feeding tube".
The rightmost column shall be headed, "Intravenous (IV) Fluids
for Hydration". Below this there shall be a checkbox followed by, in
bold, "Long-term IV fluids" followed by "if needed". Below this
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there shall be a checkbox followed by, in bold, "IV fluids for a
trial period*". Below this there shall be a checkbox followed by, in
bold, "Initially, no IV fluids+".
Running below all the columns there shall be, in italics,
"Additional Orders:" followed by an underlined space for other
instructions, followed by, in italics, "*Include goals below in E.
+Contact patient or patient's representative for further direction."
7. In Section E of the form, the left block shall contain, in
bold, "E. Check all that apply" and the right block shall be headed,
in bold, "Patient Preferences as a Basis for this POLST Form" shall
include the following:
a. below the heading there shall be a box including the
words, in bold, "Patient Goals/Medical Condition:"
followed by an adequate space for such information,
b. below this there shall be a checkbox followed by, "The
patient has an advance directive for health care in
accordance with Sections 3101.4 or 3101.14 of Title 63
of the Oklahoma Statutes." Below that there shall be a
checkbox followed by, "The patient has a durable power
of attorney for health care decisions in accordance
with paragraph 1 of subsection B of Section 1072.1 of
Title 58 of the Oklahoma Statutes." Below that shall
be the indented words, "Date of execution" followed by
an underlined space. Below that shall be the words,
"If POLST not being executed by patient: We certify
that this POLST is in accordance with the patient's
advance directive." Below this there shall be an
underlined space underneath which shall be positioned
the words, "Name and Position (print) Signature" and
"Signature of Physician",
c. below these shall be the words, "Directions given by:"
and below that a checkbox followed by "Patient", a
checkbox followed by "Minor's custodial parent or
guardian", a checkbox followed by "Attorney-in-fact", a
checkbox followed by "Health care proxy", and a
checkbox followed by "Other legally authorized person:"
followed by an underlined space. Beneath or beside the
checkbox and "Other legally authorized person:" and the
underlined space shall be the words "Basis of
Authority:" followed by an underlined space, and
d. below these shall be a four-column table with four
rows. In the top row the first column shall be blank;
the second column shall have the words, "Printed Name";
the third column shall have the word, "Signature", and
the fourth column shall have the word, "Date". In the
remaining rows the second through fourth columns shall
be blank. In the first column of these rows, in the
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second row shall be the words, "Attending physician";
in the third row shall be the words, "Patient or other
individual checked above (patient's representative)";
and in the fourth row shall be the words, "Health care
professional preparing form (besides doctor)."
8. Section F of the form, which shall have the heading, in bold,
"Information for Patient or Representative of Patient Named on this
Form", shall include the following language, appearing in bold on the
form:
"The POLST form is always voluntary and is usually for persons
with advanced illness. Before providing information for or signing
it, carefully read "Information for Patients and Their Families -
Your Medical Treatment Rights Under Oklahoma Law", which the health
care provider must give you. It is especially important to read the
sections on CPR and food and fluids, which have summaries of Oklahoma
laws that may control the directions you may give. POLST records
your wishes for medical treatment in your current state of health.
Once initial medical treatment is begun and the risks and benefits of
further therapy are clear, your treatment wishes may change. Your
medical care and this form can be changed to reflect your new wishes
at any time. However, no form can address all the medical treatment
decisions that may need to be made. An advance health care directive
is recommended, regardless of your health status. An advance
directive allows you to document in detail your future health care
instructions and/or name a health care agent to speak for you if you
are unable to speak for yourself.
The State of Oklahoma affirms that the lives of all are of equal
dignity regardless of age or disability and emphasizes that no one
should ever feel pressured to agree to forego life-preserving medical
treatment because of age, disability or fear of being regarded as a
burden.
If this form is for a minor for whom you are authorized to make
health care decisions, you may not direct denial of medical treatment
in a manner that would violate the child abuse and neglect laws of
Oklahoma. In particular, you may not direct the withholding of
medically indicated treatment from a disabled infant with life-
threatening conditions, as those terms are defined in 42 U.S.C.,
Section 5106g or regulations implementing it and 42 U.S.C., Section
5106a."
9. Section G of the form, which shall have the heading, in bold,
"Directions for Completing and Implementing Form", shall include the
following three subdivisions:
a. the first subdivision, entitled "COMPLETING POLST",
shall have the following language with the words, "The
signature of the patient or the patient's
representative is required" appearing in bold on the
form:
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"POLST must be reviewed and prepared in consultation
with the patient or the patient's representative after
that person has been given a copy of "Information for
Patients and Their Families - Your Medical Treatment
Rights Under Oklahoma Law". POLST must be reviewed and
signed by a physician to be valid. Be sure to document
the basis for concluding the patient had or lacked
capacity at the time of execution of the form in the
patient's medical record. If the patient lacks
capacity, any current advance directive form must be
reviewed and the patient's representative and physician
must both certify that POLST complies with it. The
signature of the patient or the patient's
representative is required; however, if the patient's
representative is not reasonably available to sign the
original form, a copy of the completed form with the
signature of the patient's representative must be
placed in the medical record as soon as practicable and
"on file" must be written on the appropriate signature
line on this form.",
b. the second subdivision, entitled "IMPLEMENTING POLST",
shall have the following language:
"If a minor protests a directive to deny the minor
life-preserving medical treatment, the denial of
treatment may not be implemented pending issuance of a
judicial order resolving the conflict. A health care
provider unwilling to comply with POLST must comply
with the transfer and treatment pending transfer
requirements of Section 3101.9 of Title 63 of the
Oklahoma Statutes as well as those of the
Nondiscrimination in Treatment Act, Sections 3090.2 and
3090.3 of Title 63 of the Oklahoma Statutes", and
c. the third subdivision, entitled "REVIEWING POLST",
shall have the following language:
"This POLST must be reviewed at least annually or
earlier if:
The patient is admitted to or discharged from a medical
care facility; there is substantial change in the
patient's health status; or the treatment preferences
of the patient or patient's representative change."
The same requirements for participation of the patient or
patient's representative, and signature by both a physician and the
patient or the patient's representative, that are described under
"COMPLETING POLST" shall also apply when POLST is reviewed, and must
be documented in Section I.
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10. Section H of the form, which shall have the heading, in
bold, "REVOCATION OF POLST", shall have the following language, with
the words specified below appearing in bold on the form:
"If POLST is revised or becomes invalid, write in bold the word
"VOID" in large letters on the front of the form. After voiding the
form a new form may be completed. A patient with capacity or the
individual or individuals authorized to sign on behalf of the patient
in Section E of this form may void this form. If no new form is
completed, full treatment and resuscitation is to be provided, except
as otherwise authorized by Oklahoma law."
11. Section I of the form, which shall have the heading, in
bold, "REVIEW SECTION", followed by: "Periodic review confirms
current form or may require completion of new form," shall include
the following columns and a number of rows determined by the Office
of the Attorney General:
a. Date of Review,
b. Location of Review,
c. Patient or Representative Signature,
d. Physician Signature, and
e. Outcome of Review.
Each row in column (5) shall include a checkbox followed by,
"FORM CONFIRMED - No Change", below which there shall be a checkbox
followed by, "FORM VOIDED, see updated form.", below which there
shall be a checkbox followed by, "FORM VOIDED, no new form."
A final section of the form, which shall have the heading, in
bold, "Contact Information:", shall include two rows of four columns.
In the first column, the first row shall include
"Patient/Representative" followed by an adequate space for such
information, and the second column shall include "Health Care
Professional Preparing Form" followed by an adequate space for such
information. In the second column both rows shall include
"Relationship" followed by an adequate space for such information; in
the third column both rows shall include "Phone Number" followed by
an adequate space for such information; and in the fourth column both
rows shall include "Email Address" followed by an adequate space for
such information.
Added by Laws 2016, c. 355, § 4.
§63-3105.5. Physician not subject to liability or discipline –
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 liability or to discipline for unprofessional
conduct for:
1. Executing an Oklahoma standardized format physician orders
for life-sustaining treatment form in compliance with a health care
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decision of a person apparently having authority to make a health
care decision for a patient, including a decision to provide,
withhold or withdraw health care;
2. Declining to execute an Oklahoma standardized format
physician orders for life-sustaining treatment form in compliance
with a health care decision of a person based on a reasonable belief
that the person then lacked authority; or
3. Complying with an apparently valid Oklahoma standardized
format physician orders for life-sustaining treatment form on the
assumption that the order was valid when made and has not been
revoked or terminated.
B. A person who intentionally falsifies, forges, conceals,
defaces or obliterates an individual's physician orders for life-
sustaining treatment form without the individual's consent, or who
coerces or fraudulently induces an individual to give, revoke or not
to give a physician orders for life-sustaining treatment form, is
subject to liability to that individual for damages of Two Hundred
Thousand Dollars ($200,000.00) or actual damages resulting from the
action, whichever is greater, plus reasonable attorney fees.
C. On petition of a health care provider or facility involved
with the patient's care, the patient or the patient's custodial
parent or guardian, attorney-in-fact, guardian or health care proxy,
or other person who has authority to make health care decisions for
the patient under common law, any court of competent jurisdiction may
enjoin or direct a health care decision related to a physician orders
for life-sustaining treatment form or order other appropriate
equitable relief. The court shall issue such temporary orders as
necessary to preserve the life of the patient pending a final
judgment in such litigation, including any appeals.
Added by Laws 2016, c. 355, § 5.
§63-3106. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3107. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3108. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3109. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3110. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3111. Repealed by Laws 1992, c. 114, § 20, eff. Sept. 1, 1992.
§63-3112. Definitions.
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
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discharge from a hospital. Such assistance may include tasks that
are limited to the patient's condition at the time of discharge that
do not require a licensed professional;
2. "Discharge" means a patient's exit or release from a hospital
to the patient's residence following any inpatient stay;
3. "Hospital" means a facility licensed pursuant to the
provisions of Section 1-701 et seq. of Title 63 of the Oklahoma
Statutes;
4. "Lay caregiver" means any individual eighteen (18) years of
age or older, including next of kin, duly designated as a lay
caregiver pursuant to the provisions of this act who provides
aftercare assistance to a patient in the patient's residence; and
5. "Residence" means a dwelling considered by a patient to be
his or her home, not including any hospital as defined by Section 1-
701 et seq. of Title 63 of the Oklahoma Statutes, nursing home or
group home as defined by the Long-Term Care Reform and Accountability
Act of 2001, or assisted living facility as defined by the Continuum
of Care and Assisted Living Act.
Added by Laws 2014, c. 253, § 1, eff. Nov. 1, 2014.
§63-3113. Designation of lay caregivers by hospital patients.
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 or otherwise
incapacitated upon admission to the hospital, the hospital shall
provide the patient's legal guardian with an opportunity to designate
a lay caregiver following the patient's recovery of consciousness or
capacity, so long as the designation or lack of a designation does
not interfere with, delay or otherwise affect the medical care
provided to the patient.
2. In the event the patient or the patient's legal guardian
declines to designate a lay caregiver under this act, the hospital
shall promptly document such in the patient's medical record, and the
hospital shall be deemed to comply with the provisions of this act.
3. In the event that the patient or the patient's legal guardian
designates an individual as a lay caregiver under this act, the
hospital shall promptly request the written consent of the patient or
the patient's legal guardian to release medical information to the
patient's designated lay caregiver pursuant to the hospital's
established procedures for releasing personal health information and
in compliance with applicable state and federal law.
4. If the patient or the patient's legal guardian declines to
consent to the release of medical information to the patient's
designated lay caregiver, the hospital is not required to provide
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notice to the lay caregiver pursuant to the provisions of Section 3
of this act.
5. The hospital shall record the patient's designation of a lay
caregiver, the relationship of the lay caregiver to the patient, and
the name, telephone number, and physical address of the patient's
designated lay caregiver in the patient's medical record.
B. A patient may elect to change his or her designated lay
caregiver in the event that the lay caregiver becomes incapacitated.
C. Designation of a lay caregiver by a patient or a patient's
legal guardian pursuant to the provisions of this act does not
obligate any individual to perform any aftercare tasks for the
patient.
D. This section shall not be construed so as to require a
patient or a patient's legal guardian to designate any individual as
a lay caregiver as defined by this act.
Added by Laws 2014, c. 253, § 2, eff. Nov. 1, 2014.
§63-3114. Notification by hospital to lay caregiver.
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 designated lay caregiver, the lack of contact shall
not interfere with, delay or otherwise affect the medical care
provided to the patient, or an appropriate discharge of the patient.
Added by Laws 2014, c. 253, § 3, eff. Nov. 1, 2014.
§63-3115. Consultation with lay caregiver by hospital - Discharge
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, the lack of contact shall not interfere with, delay or
otherwise affect an appropriate discharge of the patient.
Added by Laws 2014, c. 253, § 4, eff. Nov. 1, 2014.
§63-3116. Construction of act.
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
right of action against a hospital, hospital employee, a duly
authorized agent of the hospital, or otherwise supersede or replace
existing rights or remedies under any other general or special law.
Added by Laws 2014, c. 253, § 5, eff. Nov. 1, 2014.
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§63-3117. Impact on state or federal program funding.
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.
§63-3118. Verification of compliance.
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 Statutes.
Added by Laws 2018, c. 176, § 1, eff. Nov. 1, 2018.
§63-3121. Short title.
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.
§63-3122. Declaration of death.
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 medical standards; provided however all reasonable attempts
to restore spontaneous circulatory or respiratory functions shall
first be made, prior to such declaration.
Added by Laws 1986, c. 262, § 2.
§63-3123. Application and construction.
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, rules on death certificates, maintaining life
support beyond brain death in cases of pregnant women or of organ
donors, and protection for the dead body.
Added by Laws 1986, c. 262, § 3.
§63-3129. Written policy for disposition of remains of a child –
Hospitals, birthing centers or medical facilities.
A. Every licensed hospital, birthing center or medical facility
in this state shall maintain a written policy for the disposition of
the remains of a child from a stillbirth or fetal death event, as
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defined pursuant to Section 1-301 of Title 63 of the Oklahoma
Statutes, at such hospital. A parent of the child shall have the
right to direct the disposition of the remains, except that
disposition may be made by the hospital if no direction is given by a
parent within fourteen (14) days following the delivery of the
remains. The policy and the disposition shall comply with all
applicable provisions of state and federal law. Upon the delivery of
a child from a stillbirth or a fetal death event, the hospital shall
notify at least one (1) parent of the parents' right to direct the
disposition of the remains of the child and shall provide at least
(1) one parent with a copy of its policy with respect to disposition.
B. Except as otherwise provided by law, nothing in this section
shall be interpreted to prohibit any hospital from providing
additional notification and assistance to the parent of a child
delivered as a stillbirth or a fetal death event at the hospital
relating to the disposition of the remains of the child.
Added by Laws 2019, c. 120, § 1, eff. Nov. 1, 2019.
§63-3131.1. Short title.
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.
§63-3131.2. Legislative intent.
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 identification or consent.
Added by Laws 1997, c. 327, § 2, eff. Nov. 1, 1997.
§63-3131.3. Definitions.
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 physician under the provisions of
the Oklahoma Do-Not-Resuscitate Act;
2. "Cardiopulmonary resuscitation" means those measures used to
restore or support cardiac or respiratory function in the event of a
cardiac or respiratory arrest;
3. "Do-not-resuscitate identification" means a standardized
identification necklace, bracelet, or card as set forth in the
Oklahoma Do-Not-Resuscitate Act that signifies that a do-not-
resuscitate consent or order has been executed for the possessor;
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4. "Do-not-resuscitate order" means an order issued by a
licensed physician that cardiopulmonary resuscitation should not be
administered to a particular person;
5. "Emergency medical services personnel" means firefighters,
law enforcement officers, emergency medical technicians, paramedics,
or other emergency services personnel, providers, or entities, acting
within the usual course of their professions;
6. "Health care decision" means a decision to give, withhold, or
withdraw informed consent to any type of health care including, but
not limited to, medical and surgical treatments including life-
prolonging interventions, nursing care, hospitalization, treatment in
a nursing home or other extended care facility, home health care, and
the gift or donation of a body organ or tissue;
7. "Health care agency" means an agency established to
administer or provide health care services and which is commonly
known by a wide variety of titles including, but not limited to,
hospitals, medical centers, ambulatory health care facilities,
physicians' offices and clinics, extended care facilities operated in
connection with hospitals, nursing homes, extended care facilities
operated in connection with rehabilitation centers, home care
agencies and hospices;
8. "Health care provider" means any physician, dentist, nurse,
paramedic, psychologist, or other person providing medical, dental,
nursing, psychological, hospice, or other health care services of any
kind;
9. "Incapacity" means the inability, because of physical or
mental impairment, to appreciate the nature and implications of a
health care decision, to make an informed choice regarding the
alternatives presented, and to communicate that choice in an
unambiguous manner; and
10. "Representative" means an attorney-in-fact for health care
decisions acting pursuant to the Uniform Durable Power of Attorney
Act, a health care proxy acting pursuant to the Oklahoma Rights of
the Terminally Ill or Persistently Unconscious Act, or a guardian of
the person appointed under the Oklahoma Guardianship and
Conservatorship Act.
Added by Laws 1997, c. 327, § 3, eff. Nov. 1, 1997.
§63-3131.4. Health care presumption and exceptions - Health care
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 the health care provider has actual knowledge,
apply:
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1. The person has notified such person's attending physician
that the person does not consent to the administration of
cardiopulmonary resuscitation in the event of cardiac or respiratory
arrest and that notification has been entered in the patient's
medical records;
2. The parent or guardian of a minor child, after consultation
with the minor child's attending physician, has notified the minor
child's attending physician that the parent or guardian does not
consent to the administration of cardiopulmonary resuscitation in the
event of the minor child's cardiac or respiratory arrest, and that
the minor child, if capable of doing so and possessing sufficient
understanding and appreciation of the nature and consequences of the
treatment decision despite the minor child's chronological age, has
not objected to this decision of the parent or guardian, and such
notification has been entered in the minor child's medical records;
provided, medically indicated treatment may not be withheld from a
disabled infant with life-threatening conditions to the extent that
such medically indicated treatment is required by federal law or
regulations as a condition for the receipt of federally funded grants
to this state for child abuse and neglect prevention and treatment
programs;
3. An incapacitated person's representative has notified the
incapacitated person's attending physician that the representative,
based on the known wishes of the incapacitated person, does not
consent to the administration of cardiopulmonary resuscitation in the
event of the incapacitated person's cardiac or respiratory arrest and
that notification has been entered in the patient's medical records;
4. An attending physician of an incapacitated person without a
representative knows by clear and convincing evidence that the
incapacitated person, when competent, decided on the basis of
information sufficient to constitute informed consent that the person
would not have consented to the administration of cardiopulmonary
resuscitation in the event of cardiac or respiratory arrest. Clear
and convincing evidence for this purpose shall include oral, written,
or other acts of communication between the patient, when competent,
and family members, health care providers, or others close to the
patient with knowledge of the patient's personal desires;
5. A do-not-resuscitate consent form in accordance with the
provisions of the Oklahoma Do-Not-Resuscitate Act has been executed
for that person; or
6. An executed advance directive for health care, or other
document recognized by the Oklahoma Rights of the Terminally Ill or
Persistently Unconscious Act, directing that life-sustaining
treatment not be performed in the event of cardiac or respiratory
arrest, is in effect for that person, pursuant to the provisions of
paragraph 1 of Section 3101.3 or Section 3101.14 of this title.
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B. Health care agencies shall maintain written policies and
procedures with respect to do-not-resuscitate orders, do-not-
resuscitate consent forms, and certifications of physician. Such
written policies and procedures shall ensure the following rights to
all persons under the care of health care agencies:
1. All decisions with respect to the administration of
cardiopulmonary resuscitation shall be made by the patient unless it
is appropriate under this section for the patient’s representative,
as defined by Section 3131.3 of this title, to do so. The reason the
representative, rather than the patient, has made a decision shall be
documented in the patient’s medical record.
2. a. No decision by the patient’s representative shall be
made until the representative has been instructed in
writing by the patient’s attending physician that such
representative is deciding what the incapacitated
person would have wanted if the incapacitated person
could speak for himself or herself. In addition, the
attending physician shall encourage consultation among
all reasonably available representatives, family
members, and persons close to the incapacitated person
to the extent feasible in the circumstances of the
case.
b. Whenever possible, the attending physician shall
explain to the representative and family members the
nature and consequences of the decision to be made.
Evidence that this explanation was provided shall be
documented in the medical records of the incapacitated
person.
3. Health care agencies shall provide ongoing education to
patients, health care providers, and the community on issues
concerning use of the do-not-resuscitate consent form.
C. Nothing in the Oklahoma Do-Not-Resuscitate Act shall require:
1. A health care agency to institute or maintain the ability to
provide cardiopulmonary resuscitation or to expand its existing
equipment, facilities, or personnel to provide cardiopulmonary
resuscitation; provided, if such health care agency does not provide
cardiopulmonary resuscitation, this policy shall be communicated in
writing to the person or representative prior to the person coming
under the care of the health care agency; and
2. A physician, health care provider, or health care agency to
begin or continue the administration of cardiopulmonary resuscitation
when, in reasonable medical judgment, it would not prevent the
imminent death of the patient.
Added by Laws 1997, c. 327, § 4, eff. Nov. 1, 1997. Amended by Laws
1998, c. 164, § 2, emerg. eff. April 28, 1998; Laws 1999, c. 335, §
1, eff. Nov. 1, 1999.
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§63-3131.5. Consent form.
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-resuscitate consent form shall be in substantially
the following form:
FRONT PAGE
OKLAHOMA DO-NOT-RESUSCITATE (DNR) CONSENT FORM
I, _________________________, request limited health care as
described in this document. If my heart stops beating or if I stop
breathing, no medical procedure to restore breathing or heart
function will be instituted by any health care provider including,
but not limited to, emergency medical services (EMS) personnel.
I understand that this decision will not prevent me from
receiving other health care such as the Heimlich maneuver or oxygen
and other comfort care measures.
I understand that I may revoke this consent at any time in one of
the following ways:
1. If I am under the care of a health care agency, by making an
oral, written, or other act of communication to a physician or other
health care provider of a health care agency;
2. If I am not under the care of a health care agency, by
destroying my do-not-resuscitate form, removing all do-not-
resuscitate identification from my person, and notifying my attending
physician of the revocation;
3. If I am incapacitated and under the care of a health care
agency, my representative may revoke the do-not-resuscitate consent
by written notification to a physician or other health care provider
of the health care agency or by oral notification to my attending
physician; or
4. If I am incapacitated and not under the care of a health care
agency, my representative may revoke the do-not-resuscitate consent
by destroying the do-not-resuscitate form, removing all do-not-
resuscitate identification from my person, and notifying my attending
physician of the revocation.
I give permission for this information to be given to EMS
personnel, doctors, nurses, and other health care providers. I
hereby state that I am making an informed decision and agree to a do-
not-resuscitate order.
____________________ OR ________________________________
Signature of Person Signature of Representative
(Limited to an attorney-in-fact for
health care decisions acting under the
Durable Power of Attorney Act, a health
care proxy acting under the Oklahoma
Advance Directive Act or a guardian of
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the person appointed under the Oklahoma
Guardianship and Conservatorship Act.)
This DNR consent form was signed in my
presence.
______________ ______________________ _____________
Date Signature of Witness Address
______________________ _____________
Signature of Witness Address
BACK OF PAGE
CERTIFICATION OF PHYSICIAN
(This form is to be used by an attending physician only to
certify that an incapacitated person without a representative would
not have consented to the administration of cardiopulmonary
resuscitation in the event of cardiac or respiratory arrest. An
attending physician of an incapacitated person without a
representative must know by clear and convincing evidence that the
incapacitated person, when competent, decided on the basis of
information sufficient to constitute informed consent that such
person would not have consented to the administration of
cardiopulmonary resuscitation in the event of cardiac or respiratory
arrest. Clear and convincing evidence for this purpose shall include
oral, written, or other acts of communication between the patient,
when competent, and family members, health care providers, or others
close to the patient with knowledge of the patient's desires.)
I hereby certify, based on clear and convincing evidence
presented to me, that I believe that ___________________________
Name of Incapacitated Person
would not have consented to the administration of cardiopulmonary
resuscitation in the event of cardiac or respiratory arrest.
Therefore, in the event of cardiac or respiratory arrest, no chest
compressions, artificial ventilation, intubations, defibrillation, or
emergency cardiac medications are to be initiated.
__________________________ _____________________________
Physician's Signature/Date Physician's Name (PRINT)
________________________________________________________________
Physician's Address/Phone
C. Witnesses must be individuals who are eighteen (18) years of
age or older who are not legatees, devisees or heirs at law.
D. It is the intention of the Legislature that the preferred,
but not required, do-not-resuscitate form in Oklahoma shall be the
form set out in subsection B of this section.
Added by Laws 1997, c. 327, § 5, eff. Nov. 1, 1997. Amended by Laws
2010, c. 139, § 1, eff. Nov. 1, 2010.
§63-3131.6. Compliance required.
Health care providers shall, when presented with the original or
copy of any do-not-resuscitate consent form created as provided under
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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.
§63-3131.7. Revocation of consent.
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 the care of a health care
agency may revoke such person's do-not-resuscitate consent by
destroying the form and removing all do-not-resuscitate
identification from the person. The person is responsible for
notifying such person's attending physician of the revocation.
C. At any time, the parent or guardian of a minor child, or the
minor child, if capable of doing so and possessing sufficient
understanding and appreciation of the nature and consequences of the
treatment decision despite the minor child's chronological age, may
revoke the do-not-resuscitate consent for the minor child by making
an oral, written, or other act of communication to a physician or
other health care provider. The parent or guardian of the minor
child is responsible for notifying the minor child's attending
physician of the revocation.
D. At any time, a representative may revoke the do-not-
resuscitate consent for an incapacitated person under the care of a
health care agency by notifying a physician or other health care
provider of the health care agency of the revocation of consent in
writing or by orally notifying the attending physician.
E. At any time, a representative may revoke the do-not-
resuscitate consent for an incapacitated person not under the care of
a health care agency by destroying the form and removing all do-not-
resuscitate identification from the person. The representative is
responsible for notifying the person's attending physician of the
revocation.
F. The attending physician who is informed of or provided with a
revocation of consent to a do-not-resuscitate order pursuant to this
section shall immediately cancel the order if the person is under the
care of a health care agency and shall notify the health care
providers of the health care agency responsible for the person's care
of the revocation and cancellation. Any professional staff of the
health care agency who is informed of or provided with a revocation
of consent for a do-not-resuscitate order pursuant to this section
shall immediately notify the attending physician of the revocation.
Added by Laws 1997, c. 327, § 7, eff. Nov. 1, 1997. Amended by Laws
1998, c. 164, § 3, emerg. eff. April 28, 1998.
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§63-3131.8. Protection from criminal prosecution, civil liability
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 discipline for
unprofessional conduct for carrying out in good faith a do-not-
resuscitate consent or order authorized by the Oklahoma Do-Not-
Resuscitate Act on behalf of a person as instructed by the person or
representative or for those actions taken in compliance with the
standards and procedures set forth in the Oklahoma Do-Not-Resuscitate
Act.
B. No health care provider, health care agency, individual
employed by, acting as agent of, or under contract with any such
health care provider, health care agency or individual or other
individual who witnesses a cardiac or respiratory arrest shall be
subject to criminal prosecution, civil liability or discipline for
unprofessional conduct for providing cardiopulmonary resuscitation to
a person for whom a do-not-resuscitate consent or order has been
issued; provided, that such individual:
1. Reasonably and in good faith was unaware of the issuance of a
do-not-resuscitate consent or order; or
2. Reasonably and in good faith believed that consent to a do-
not-resuscitate order had been revoked or canceled.
C. Any physician who refuses to issue a do-not-resuscitate order
at a person's request or any health care provider or health care
agency who refuses to comply with a do-not-resuscitate consent or
order entered pursuant to the Oklahoma Do-Not-Resuscitate Act shall
take reasonable steps to advise the person or representative of the
person promptly that the physician is unwilling to effectuate the
consent or order and shall as promptly as practicable take all
reasonable steps to arrange care of the person by another physician
or health care provider.
Added by Laws 1997, c. 327, § 8, eff. Nov. 1, 1997.
§63-3131.9. Certain conditions for insurance prohibited.
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 consent or order for an individual as a condition of
insurance or for receiving health care services.
Added by Laws 1997, c. 327, § 9, eff. Nov. 1, 1997.
§63-3131.10. Consent or order to accompany person.
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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 to the receiving health care agency prior to
the transfer, and a copy of the written do-not-resuscitate consent or
order shall accompany the person to the health care agency receiving
the person and shall remain effective unless revoked as provided in
Section 7 of this act.
Added by Laws 1997, c. 327, § 10, eff. Nov. 1, 1997.
§63-3131.11. Effect of act.
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 supersede a person's right to choose to have
cardiopulmonary resuscitation withheld or provided or a health care
provider's responsibility to withhold or provide cardiopulmonary
resuscitation as provided by law. In this respect, the provisions of
the Oklahoma Do-Not-Resuscitate Act are cumulative.
B. In the event of cardiac or respiratory arrest, a patient's
attending physician or other health care provider must comply with
such patient's request for cardiopulmonary resuscitation whether
requested by such patient or such patient's representative, or
required by such patient's advance directive.
C. Nothing in the Oklahoma Do-Not-Resuscitate Act shall be
construed to preclude a court of competent jurisdiction from
approving the issuance of a do-not-resuscitate order under
circumstances other than those under which such an order may be
issued pursuant to the provisions of the Oklahoma Do-Not-Resuscitate
Act.
D. The provisions of the Oklahoma Do-Not-Resuscitate Act shall
not affect the validity of do-not-resuscitate consents or orders that
were executed prior to November 1, 1997.
Added by Laws 1997, c. 327, § 11, eff. Nov. 1, 1997. Amended by Laws
1998, c. 164, § 4, emerg. eff. April 28, 1998.
§63-3131.12. Duties of the Department of Human Services.
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 in the
Oklahoma Do-Not-Resuscitate Act shall consist of either a medical
condition bracelet, necklace, or card with the inscription of the
patient's name, date of birth in numerical form, and "Oklahoma do-
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not-resuscitate" on it. No other identification or wording shall be
deemed to comply with the provisions of the Oklahoma Do-Not-
Resuscitate Act. This identification shall be issued only upon
presentation of a properly executed do-not-resuscitate consent form
as set forth in Section 5 of this act.
C. The Director of the Department of Human Services, no later
than one (1) year after the effective date of this act, shall be
responsible for establishing a system for distribution of the do-not-
resuscitate forms and identification bracelets, necklaces, or cards.
D. The legal services developer from the Aging Services Division
of the Department of Human Services, no later than one (1) year after
the effective date of this act, shall develop and implement a
statewide educational effort to inform the public of their right to
accept or refuse cardiopulmonary resuscitation and to request their
physician to write a do-not-resuscitate order for them, and to urge
health care agencies within this state to utilize a do-not-
resuscitate form which complies with Section 5 of this act.
Added by Laws 1997, c. 327, § 12, eff. Nov. 1, 1997.
§63-3131.13. Construction of act.
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 the provisions of the Oklahoma Do-Not-Resuscitate
Act, however, shall not relieve any individual of responsibility for
any civil or criminal acts that may have caused the person's
condition. Nothing in the Oklahoma Do-Not-Resuscitate Act shall be
construed to legalize, condone, authorize, or approve mercy killing
or assisted suicide.
Added by Laws 1997, c. 327, § 13, eff. Nov. 1, 1997.
§63-3131.14. Application of act.
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-not-resuscitate order in violation of a currently
valid advance directive for health care.
Added by Laws 1997, c. 327, § 14, eff. Nov. 1, 1997.
§63-3141.1. Short title - Legislative intent.
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 promoting civil enforcement
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and providing for reimbursement of attorney fees by those found to be
violating the law.
Added by Laws 1998, c. 194, § 1, eff. Nov. 1, 1998.
§63-3141.2. Definitions.
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 intentionally taking
one's own life.
Added by Laws 1998, c. 194, § 2, eff. Nov. 1, 1998.
§63-3141.3. Violations.
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. Participates in a physical act by which another person
commits or attempts to commit suicide.
Added by Laws 1998, c. 194, § 3, eff. Nov. 1, 1998.
§63-3141.4. Acts not constituting violations.
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 813 or 814 of Title 21 of the Oklahoma Statutes so
long as such medications or procedures are not also furnished for the
purpose of causing, or the purpose of assisting in causing, death for
any reason.
B. A licensed health care professional who withholds or
withdraws a medically administered, life-sustaining procedure does
not violate Section 3 of this act or Sections 813 or 814 of Title 21
of the Oklahoma Statutes.
C. This section shall not be construed to affect the duty of
care or the legal requirements concerning acts or omissions under
subsections A or B of this section.
Added by Laws 1998, c. 194, § 4, eff. Nov. 1, 1998.
§63-3141.5. Injunctions - Persons who may bring.
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:
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1. The spouse, parent, child, or sibling of the person who would
commit suicide;
2. Entitled to inherit from the person who would commit suicide;
3. A current or former health care provider of the person who
would commit suicide;
4. A public official with appropriate jurisdiction to prosecute
or enforce the laws of this state;
5. A guardian of the person who would commit suicide;
6. The Department of Human Services; or
7. An attorney-in-fact of the person who would commit suicide.
Such an injunction shall legally prevent the person from assisting
any suicide in this state regardless of who is being assisted.
Added by Laws 1998, c. 194, § 5, eff. Nov. 1, 1998.
§63-3141.6. Actions for damages - Persons who may bring.
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 and punitive damages. Any person given standing
by paragraphs 3 through 7 of Section 5 of this act may maintain a
cause of action against any person who violates or attempts to
violate Section 3 of this act for punitive damages. An action under
this section may be brought whether or not the plaintiff had prior
knowledge of the violation or attempt.
Added by Laws 1998, c. 194, § 6, eff. Nov. 1, 1998.
§63-3141.7. Attorney fees.
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 shall allow a prevailing defendant a reasonable attorney fee as
part of its costs.
Added by Laws 1998, c. 194, § 7, eff. Nov. 1, 1998.
§63-3141.8. Revocation or suspension of license or certificate.
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 criminal conviction or plea of guilty
for a felony in violation of Section 813, 814 or 815 of Title 21 of
the Oklahoma Statutes;
2. A copy of the record of a judgment of contempt of court for
violating an injunction issued under Section 5 of this act; or
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3. A copy of the record of a judgment assessing damages under
Section 6 of this act.
Added by Laws 1998, c. 194, § 8, eff. Nov. 1, 1998.
§63-3151. Suicide data collection system – Confidentiality of data -
Penalties.
A. The Legislature hereby directs the State Department of Health
to develop a state suicide data collection system to provide reliable
data about attempted suicides in this state. In developing the
system the Department shall:
1. Include information on the incidence of suicide attempts;
2. Include demographic information on persons who attempt
suicide; and
3. Explore prevention strategies for reducing the number of
attempted suicides and suicides.
B. As used in this section:
1. "Attempted suicide" means a voluntary and intentional injury
to one’s own body with the goal of ending one’s own life;
2. “E-codes” are external cause of injury codes contained in the
International Classification of Diseases – 9th Revision; and
3. "Suicide" means a voluntary and intentional taking of one’s
own life;
C. The State Board of Health shall, if funds are available,
establish a system for collecting information concerning attempted
suicides among persons who were hospitalized or who were treated and
released. In establishing the system, the Board may require
hospitals, and other related institutions, as defined in Section 1-
701 of Title 63 of the Oklahoma Statutes, to include E-codes on all
patient discharge data or, if necessary, to complete and submit a
Report of Suicide Attempt form to be made available by the State
Department of Health.
D. The system shall be implemented statewide.
E. Individual forms, computer tapes or other forms of data
collected pursuant to this section shall be confidential and shall
not be public records as defined in the Oklahoma Open Records Act.
F. The confidentiality of identifying information is to be
protected, and the pertinent statutes and rules of the State of
Oklahoma and the regulations of the federal government relative to
confidentiality shall apply.
G. Identifying information shall not be disclosed and shall not
be used for any purpose except statistical reporting and data
analysis.
H. Nothing in this section shall prohibit the publishing of
statistical compilations relating to suicide attempts which do not in
any way identify individual cases or individual sources of
information.
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I. 1. A violation of the provisions of this section by an
employee of the Department shall be grounds for termination of
employment.
2. Any person who violates the provisions of this section shall
also be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of One Thousand Dollars ($1,000.00) or
imprisonment in the county jail for up to one (1) year, or by both
such fine and imprisonment.
J. The State Board of Health is authorized to promulgate rules
to carry out the provisions of this section.
Added by Laws 2001, c. 168, § 6, emerg. eff. May 2, 2001.
§63-3160. Short title - Medical Treatment Laws Information Act.
This act shall be known and may be cited as the "Medical
Treatment Laws Information Act".
Added by Laws 2014, c. 82, § 1, eff. Nov. 1, 2014.
§63-3161. Definitions.
As used in the Medical Treatment Laws Information Act:
1. "Associated with the inpatient health care services entity"
means, with regard to a particular inpatient health care services
entity, that the health care provider is an employee or agent of the
entity, that the health care provider has privileges to provide
health care services to patients in the entity, or that the health
care provider in fact provides health care services to patients in
the entity. For purposes of this definition, provision of health
care services to patients in the entity shall be deemed to include
provision of health care services to patients in an emergency room
operated by the entity, regardless of whether those patients are
admitted as inpatients;
2. "Health care provider" means a person who is licensed,
certified, or otherwise authorized by the laws of this state as a
physician, physician assistant, certified nurse practitioner,
advanced practice registered nurse (including one with a certified
specialty), registered nurse, or licensed practical nurse, but does
not include a nurse midwife;
3. "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;
4. "Inpatient health care services entities" means those
hospitals defined in paragraphs 2, 3 and 5 of Section 1-701 of Title
63 of the Oklahoma Statutes, a nursing facility as defined in
paragraph 10 of Section 1-1902 of Title 63 of the Oklahoma Statutes,
a specialized facility as defined in paragraph 11 of Section 1-1902
of Title 63 of the Oklahoma Statutes, and those long-term care
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facilities described in subparagraphs e and f of paragraph 1 of
Section 1-1945 of Title 63 of the Oklahoma Statutes; and
5. "Other defined officials" means, with regard to a particular
health care services entity, to the extent such officials exist, the
members of the board of directors, the administrator or chief
executive officer, and the general counsel, by whatever titles those
serving these functions may be called.
Added by Laws 2014, c. 82, § 2, eff. Nov. 1, 2014.
§63-3162. Brochure and online presentation of rights and
responsibilities for health care providers – Certification
requirements.
A. The State Board of Medical Licensure and Supervision shall
prepare, and from time to time amend, a brochure to inform health
care providers of their responsibilities and rights under the
specified sections of the Hydration and Nutrition for Incompetent
Patients Act (Sections 3080.2 through 3080.5 of this title), the
Nondiscrimination in Treatment Act (Sections 3090.2 and 3090.3 of
this title), the Oklahoma Advance Directive Act (Section 3101.9 of
this title), the Oklahoma Do-Not-Resuscitate Act (Section 3131.4 of
this title) and the Assisted Suicide Prevention Act (Sections 3141.3
and 3141.4 of this title). The brochure shall include contact
information for officials to whom alleged violations of those
provisions may be reported. The Board shall prepare, from time to
time revise, and make available on the Board's website an online
presentation, which shall be a minimum of one (1) hour in length,
consisting of training on the responsibilities and rights of health
care providers covered by the current brochure. The Board shall
provide for means to verify that a viewer indeed observed the full
online presentation, such as a quiz on its content to be answered at
the end of the presentation or other methods commonly employed in
association with continuing medical education. The Board shall
provide to each viewer who complies with such verification a dated
certification that the viewer completed the online training. The
Board shall make the current brochure and online presentation
available on the Board's website and shall inform all Oklahoma
inpatient health care services entities of their availability and how
to access them online on the Board's website.
B. Inpatient health care services entities shall ensure that all
health care providers and other defined officials associated with the
inpatient health care services entity are provided with a copy of the
current brochure and sign a certification that they have read the
brochure and are familiar with their responsibilities and rights as
set forth therein:
1. Within fourteen (14) days of beginning employment with, of
beginning service on the board of directors of, or of beginning to
provide services to patients at the entity; and
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2. At least once during each calendar year.
C. At least once during each consecutive two-calendar-year
period all health care providers and the administrator or chief
executive officer, by whatever title the person serving that function
may be called, associated with an inpatient health care services
entity shall observe the online presentation described in subsection
A of this section. The time required for observation of this
presentation shall count as part of, rather than being in addition
to, continuing education otherwise required for licensed health care
providers. Inpatient health care services entities shall ensure that
all health care providers and other defined officials associated with
the inpatient health care services entity provide the entity with a
copy of each dated certification by the Board verifying that the
provider or official observed the online presentation described in
subsection A of this section in compliance with this requirement, and
shall maintain such copies on file for a minimum of four (4) calendar
years following the calendar year to which they apply. The files of
such copies shall be subject to inspection under subsection B of
Section 1-705, and Sections 1-829 and 1-1911 of this title.
D. The provisions of subsection B of this section shall be
effective at the beginning of the second calendar month after the
month in which the State Board of Medical Licensure and Supervision
publishes the initial brochure required by this section on its
website. The provisions of subsection C of this section shall be
effective beginning with calendar year 2015.
E. The provisions of subsections B and C of this section shall
apply to licensees of the State Board of Osteopathic Examiners and
such licensees shall receive appropriate continuing education
credits.
Added by Laws 2014, c. 82, § 3, eff. Nov. 1, 2014. Amended by Laws
2016, c. 111, § 1, emerg. eff. April 20, 2016.
§63-3163. Disclosure statement for patients and patients' families.
A. The State Board of Medical Licensure and Supervision shall
prepare, and from time to time amend, a disclosure statement designed
to inform patients and patients' families of their rights under the
specified sections of the Hydration and Nutrition for Incompetent
Patients Act (Sections 3080.2 through 3080.5 of Title 63 of the
Oklahoma Statutes), the Nondiscrimination in Treatment Act (Sections
3090.2 and 3090.3 of Title 63 of the Oklahoma Statutes), the Oklahoma
Advance Directive Act (Section 3101.9 of Title 63 of the Oklahoma
Statutes) and the Oklahoma Do-Not-Resuscitate Act (Section 3131.4 of
Title 63 of the Oklahoma Statutes). The disclosure statement shall
include contact information for officials to whom alleged violations
of those provisions may be reported. The State Department of Health
shall make the current disclosure statement available on the
Department's website and shall inform the entities specified in
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subsection B of this section of the availability of the disclosure
statement and how to obtain the disclosure statement.
B. Any entity to which the requirements of the federal Patient
Self-Determination Act under 42 U.S.C., Section 1395cc(f) or 42
U.S.C., Section 1396a(w) apply shall, at the time of providing the
written information required by 42 U.S.C., Section 1395cc(f)(1)(A)(i)
or 42 U.S.C., Section 1396a(w)(1)(A)(i), include a copy of the
disclosure statement described in subsection A of this section.
C. The provisions of subsection B of this section shall be
effective thirty (30) days after the date on which the State
Department of Health publishes the initial disclosure statement
required by this section.
Added by Laws 2014, c. 82, § 4, eff. Nov. 1, 2014.
§63-3201. Short title.
This act shall be known and may be cited as the "University
Hospitals Authority Act".
Added by Laws 1993, c. 330, § 1, eff. July 1, 1993.
§63-3202. Definitions.
As used in the University Hospitals Authority Act:
1. "University Hospitals" include the Oklahoma Memorial
Hospital, which shall be renamed University Hospital; the Children's
Hospital of Oklahoma; the Child Study Center; and the O'Donoghue
Rehabilitation Institute;
2. "Authority" means the University Hospitals Authority;
3. "Department" means the Department of Human Services;
4. "Commission" means the Commission for Human Services or the
Oklahoma Public Welfare Commission;
5. "University Hospital" means Everett Tower and the North
Pavilion, which have been renamed as Children's Hospital at the
University of Oklahoma Medical Center; and
6. "Children's Hospital of Oklahoma" means the Bielstein,
Garrison, Nicholson and MRI towers which are no longer being used as
hospitals.
Added by Laws 1993, c. 330, § 2, emerg. eff. June 8, 1993. Amended
by Laws 2019, c. 495, § 1, eff. Nov. 1, 2019.
§63-3203. Purposes - Legislative findings - Continued subsidized
indigent health care - Powers of Board of Regents of University of
Oklahoma.
A. The purposes of the University Hospitals Authority Act are to
provide for an effective and efficient administration, to ensure a
dependable source of funding, and to effectuate the mission and
purposes of the University Hospitals Authority. The mission and
purposes of the University Hospitals are to serve as general
hospitals, to serve as teaching and training facilities for students
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enrolled at the University of Oklahoma, to serve as a site for
conducting research by faculty members of the University of Oklahoma
and to provide care for the medically indigent. The University
Hospitals shall maintain a close affiliation with the University of
Oklahoma Health Sciences Center and shall coordinate their operations
and activities in a cooperative manner. In addition, the University
Hospitals Authority shall provide indigent and nonindigent patient
care, as more fully described herein.
B. The Legislature finds that the needs of the citizens of this
state and the needs of the University of Oklahoma Health Sciences
Center will be best served if the University Hospitals are operated
by a separate Authority charged with the mission of operating or
leasing the operations of the teaching hospitals for the benefit of
the colleges of the University of Oklahoma Health Sciences Center and
providing care for the medically indigent.
C. The University Hospitals Authority, by receiving the assets
and operating obligations, shall ensure that the costs of delivering
medically indigent care continue to be subsidized in excess of the
state reimbursement for the medically indigent, consistent with the
teaching hospitals' past policy and performance and that of the
University of Oklahoma Health Sciences Center. The Authority shall
make or cause to be made every reasonable effort to continue the
hospitals' historic commitment to the provision of uncompensated care
and that the allocation and investment of resources shall be made
with a view to maximizing the hospitals' long-term ability to provide
uncompensated care, except as may be modified by changes in federal
or state law. The University Hospitals Authority shall ensure that
indigent care provided by the Oklahoma Medical Center during a fiscal
year shall be equal to or exceed one hundred twenty percent (120%) of
the annual appropriation to the University Hospitals Authority for
indigent care. The level of indigent care provided shall be based on
Medicare costs as determined by the most recent report filed by any
operating entity of the University Hospitals with the federal Health
Care Finance Administration.
D. As used in this section, "indigent care" means charity care,
Medicaid contractual allowances, all debt arising from accounts for
which there is no third-party coverage including services provided to
the Department of Corrections and Department of Mental Health and
Substance Abuse Services as otherwise required by law. For purposes
of this subsection, third-party coverage shall not include Medicaid
coverage.
E. The Board of Regents of the University of Oklahoma shall
retain full power to govern the personnel, curriculum and facilities
of the University of Oklahoma.
Added by Laws 1993, c. 330, § 3, emerg. eff. June 8, 1993. Amended
by Laws 1995, c. 263, § 1; Laws 1997, c. 174, § 1, emerg. eff. May 8,
1997; Laws 2000, 1st Ex. Sess., c. 8, § 11, eff. July 1, 2000; Laws
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2002, c. 384, § 3, emerg. eff. June 4, 2002; Laws 2019, c. 495, § 2,
eff. Nov. 1, 2019.
§63-3204. University Hospitals - Transfer of jurisdiction,
supervision, management and control.
A. Until July 1, 1993, the University Hospitals shall be under
the jurisdiction, supervision, management and control of the
Department of Human Services and the Commission for Human Services.
B. Effective July 1, 1993, the University Hospitals are hereby
transferred from the Department of Human Services and the Commission
for Human Services to the University Hospitals Authority.
C. The transfer shall include:
1. All powers, duties, responsibilities, properties, assets,
fund balances, encumbrances, obligations, records, personnel and
liabilities, including, but not limited to, liability for all
University Hospital employees' sick leave, annual leave, holidays,
unemployment benefits and workers' compensation benefits accruing to
employees prior to July 1, 1993, which are attributable to the
University Hospitals; provided, however, that any claims arising
under the Governmental Tort Claims Act and filed prior to July 1,
1993, and from any other actions filed prior to July 1, 1993, shall
remain the responsibility of the Department of Human Services and the
Commission for Human Services. All claims arising prior to July 1,
1993 and for which no action has been filed shall be paid by the Risk
Management Program;
2. Children's Hospital of Oklahoma and all buildings and
appurtenances located on land which is described as follows: Blocks
B, 3, 4, 12 and 13, and the North 30 feet of Block 14; and Lots 6
through 15, Block 21, CULBERTSON HEIGHTS ADDITION less and except the
West 7 feet of Lot 5 and all of Lots 6 through 19, and the East 5
feet of Lot 20 and the North 59.5 feet of Lots 21 through 26, and the
North 59.5 feet of the West 49.5 feet of Lot 27, all in Block 13,
CULBERTSON HEIGHTS ADDITION to the City of Oklahoma City, Oklahoma,
and also less and except the West 106 feet of the vacated Northeast
12th Street abutting said Block 13; and a part of Block 20,
CULBERTSON HEIGHTS ADDITION and a part of the alleys adjacent
thereto, and a part of the SW 1/4, Section 26, T12N, R3W, I.M., and a
part of the SE 1/4, Sec. 27, T12N, R3W, I.M., Oklahoma County,
Oklahoma, and a part of vacated Kelley Avenue adjacent thereto, more
particularly described as follows: Commencing at the NE corner of
Block 20, CULBERTSON HEIGHTS ADDITION, Oklahoma City, Oklahoma,
thence S. 0 degrees 03' 34" E. and along the East line of said Block
20 and along the West Right-of-Way line of Stonewall Avenue a
distance of 10 ft. to the point or place of beginning; thence
continuing S. 0 degrees 03' 34" E. and along the East line of said
Block 20 and along the West Right-of-Way line of Stonewall Avenue a
distance of 341.27 ft., thence N. 89 degrees 54' 35" W. a distance of
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520.10 ft., thence N. 0 degrees 11' 08" E. a distance of 18.0 ft.;
thence N. 89 degrees 48' 52" W. a distance of 12.0 ft.; thence N. 0
degrees 11' 08" E. a distance of 6 ft.; thence N. 89 degrees 48' 52"
W. a distance of 21.5 ft., thence N. 0 degrees 11' 08" E. a distance
of 22.5 ft., thence N. 89 degrees 48' 52" W. a distance of 286.5 ft.,
thence N. 89 degrees 48' 52" W. a distance of 27.00 feet; thence N. 0
degrees 12' 03" E. a distance of 72.50 feet; thence N. 89 degrees 48'
51" W. a distance of 25.65 feet; thence N. 23 degrees 29' 12" W. a
distance of 250.50 feet to a point on the South Right-of-Way line of
N.E. 13th Street; thence S. 89 degrees 48' 51" E. and along the South
Right-of-Way line of N.E. 13th Street a distance of 649.76 feet; to a
point in the East line of said SE 1/4 of Section 27, T12N, R3W,
thence S. 0 degrees 06' 23" W. along the East line of said Section
27, a distance of 10.0 ft., thence N. 89 degrees 33' 42" E. and
parallel to and 10 ft., South of the North line of said Block 20 of
said CULBERTSON HEIGHTS ADDITION a distance of 342.10 ft. to the
point or place of beginning; and
3. a. Oklahoma Memorial Hospital and all buildings and
appurtenances located on land which is described as
follows: A part of the South Half of the Southeast
Quarter of Section 27, T12N, R3W of the Indian Meridian
AND a part of the North Half of the Northeast Quarter
of Section 34, T12N, R3W, of the Indian Meridian, all
in Oklahoma County, Oklahoma, more particularly
described as follows: Beginning at the Southwest
corner of Block 13, HOWE'S CAPITOL ADDITION; thence N.
0 degrees 10' 36" E. along the East line of Phillips
Avenue a distance of 674.64 feet to a point on the
South line of Northeast 13th Street; thence S. 89
degrees 48' 51" E. along the South line of said
Northeast 13th Street a distance of 620.30 feet; thence
S. 23 degrees 29' 12" E. a distance of 250.50 feet;
thence S. 89 degrees 48' 51" E. a distance of 25.65
feet; thence S. 0 degrees 12' 03" W. a distance of
72.50 feet; thence S. 89 degrees 48' 51" E. a distance
of 27.00 feet; thence S. 00 degrees 12' 03" W. a
distance of 443.57 feet; thence S. 89 degrees 43' 03"
E. a distance of 32.95 feet; thence S. 00 degrees 14'
28" W. along the East line of a retaining wall a
distance of 733.66 feet to a point on the South line of
Block 1 of OAK PARK ADDITION; thence S. 89 degrees 52'
55" W. along the South line of Blocks 1 and 7 of OAK
PARK ADDITION a distance of 810.11 feet to the
Southwest corner of said Block 7; thence N. 00 degrees
10' 36" E. along the West line of said Block 7, OAK
PARK ADDITION a distance of 213.87 feet; thence N. 89
degrees 49' 24" W. a distance of 3.40 feet; thence N.
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00 degrees 10' 36" E. along the West line of Block 24,
HOWE'S CAPITOL ADDITION a distance of 190.00 feet;
thence S. 89 degrees 49' 24" E. a distance of 8.10
feet; thence N. 00 degrees 10' 36" E. along the West
line of Block 18, HOWE'S CAPITOL ADDITION a distance of
405.00 feet to the Point of Beginning and containing
1,146,572 Square Feet or 26.32 Acres more or less;
b. That portion of the property described in subparagraph
a known as the Research Building shall be transferred
to the Authority, but shall be leased to the University
of Oklahoma for a term of not less than forty (40)
years from the date thereof; and
c. All of Blocks 1 and 2 of Culbertson Heights Addition,
and all of Block 3 and Lots 3 through 20 and the North
50 feet of Lots 21 through 38 of Block 12, Oak Park
Addition to the City of Oklahoma City, Oklahoma,
including the encompassed and abutting portions of the
vacated Northeast 11th Street, Park Place and Northeast
10th Street, and the abutting portion of Everest Avenue
and the alley way in Block 12 of the said Oak Park
Addition.
D. Properties to be retained by the Department of Human Services
include:
1. The Service Center Building and land located on: The South
100 feet of Block 12 and all of Block 17, Oak Park Addition to the
City of Oklahoma City, Oklahoma, including the encompassed or
abutting portions of vacated Everest Avenue and Northeast 9th Street.
(219,300 sq. ft., 5.03 acres); and
2. The Management Information Division Building and land located
on: The West 7 feet of Lot 5 and all of Lots 6 through 19, and the
East 5 feet of Lot 20 and the North 59.5 feet of Lots 21 through 26,
and the North 59.5 feet of the West 49.5 feet of Lot 27, all in Block
13, Culbertson Heights Addition to the City of Oklahoma City,
Oklahoma, and also including the West 106 feet of the vacated
Northeast 12th Street abutting said Block 13. (82,199 sq. ft., 1.89
acres).
E. Appropriate conveyances shall be executed to effectuate the
transfers specified by subsections B, C and D of this section.
Added by Laws 1993, c. 330, § 4, emerg. eff. June 8, 1993. Amended
by Laws 2019, c. 495, § 3, eff. Nov. 1, 2019.
§63-3205. University Hospitals - Certificate of Need - Operation and
licensing - Service and receiving payments - Teaching and training.
A. The transfer of the University Hospitals from the Commission
for Human Services and the Department of Human Services shall not
require a Certificate of Need pursuant to the provisions of Sections
2651 through 2656.2 of Title 63 of the Oklahoma Statutes; provided,
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however, that any expansion or change to the University Hospitals
requiring a Certificate of Need after such transfer shall be subject
to the provisions of Sections 2651 through 2656.2 of Title 63 of the
Oklahoma Statutes.
B. 1. University Hospitals shall be operated as general
hospitals and shall be licensed by the State Commissioner of Health,
and shall, as far as possible, meet the standards, requirements and
essentials of the Joint Commission on Accreditation of Health Care
Organizations, the American Medical Association's Council on Medical
Education, the American Specialty Boards and the Association of
American Medical Colleges.
2. The University Hospitals may provide services and receive
payments therefor under Titles XVIII and XIX of the federal Social
Security Act, and may participate in other federal medical programs.
3. University Hospitals shall be available as teaching and
training hospitals for the colleges of the University of Oklahoma
Health Sciences Center, for the College of Medicine of the University
of Oklahoma, for other health and educational facilities and shall
provide indigent patient care.
Added by Laws 1993, c. 330, § 5, eff. July 1, 1993.
§63-3206. Children's Hospital - General hospital and service
institution for certain persons.
Children's Hospital of Oklahoma shall serve as a general hospital
and service institution for persons under twenty-one (21) years of
age and shall have the authority to extend transplant services to
persons twenty-one (21) years or older.
Added by Laws 1993, c. 330, § 6, eff. July 1, 1993.
§63-3207. University Hospitals Authority - Creation - Powers and
authority - Status - Membership - Terms of office - Qualifications -
Removal of member - Vacancies - Compensation and expenses - Quorum -
Other laws.
A. There is hereby created the University Hospitals Authority,
an agency of the State of Oklahoma, a body corporate and politic,
with powers of government and with the authority to exercise the
rights, privileges and functions as specified in the University
Hospitals Authority Act. The University Hospitals Authority is an
agency of the State of Oklahoma covered by the Governmental Tort
Claims Act.
B. The Authority shall consist of six (6) members as follows:
1. One member shall be appointed by the Governor, with the
advice and consent of the Senate;
2. One member shall be appointed by the President Pro Tempore of
the Senate;
3. One member shall be appointed by the Speaker of the House of
Representatives;
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4. One member shall be the Administrator of the Oklahoma Health
Care Authority, or his or her designee;
5. One member shall be the Provost of the University of Oklahoma
Health Sciences Center; and
6. The Chief Executive Officer of the University Hospitals
Authority who shall be an ex officio, nonvoting member.
C. Each member of the Authority, prior to appointment, shall be
a resident of the state and a qualified elector.
D. Each appointed member shall serve at the pleasure of his or
her appointing authority and be removed or replaced without cause.
Members serving on November 1, 2019, shall continue serving unless
and until another appointment is made by the appointing authority.
Any vacancy occurring on the Authority shall be filled by the
original appointing authority.
E. The members of the Authority shall serve without compensation
but may be reimbursed for all actual and necessary travel expenses
incurred in performance of their duties in accordance with the
provisions of the State Travel Reimbursement Act, Section 500.1 et
seq. of Title 74 of the Oklahoma Statutes.
F. All members of the Authority and administrative personnel of
the Authority shall be subject to the Rules of the Ethics Commission
and the provisions of the Oklahoma Ethics Commission Act, Section
4200 et seq. of Title 74 of the Oklahoma Statutes.
G. A quorum of the Authority shall be three (3) voting members.
Members shall elect a chair and vice chair for the Authority from
among its members. The chair must be an appointed member of the
Authority.
H. The Authority shall be subject to the Open Meeting Act,
Section 301 et seq. of Title 25 of the Oklahoma Statutes, and the
Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma
Statutes, except as otherwise provided by this act. Any information
submitted to or compiled by the Authority except for budgetary
information related to appropriations or the appropriations process
with respect to the marketing plans, financial statements, trade
secrets, research concepts, methods or products, or any other
proprietary information of the Authority, persons, firms,
associations, partnerships, agencies, corporations, institutions of
higher education, nonprofit research institutions or other entities
shall be confidential, except to the extent that the person or entity
which provided such information or which is the subject of such
information consents to disclosure. Executive sessions may be held
to discuss such materials if deemed necessary by the Authority.
Added by Laws 1993, c. 330, § 7, emerg. eff. June 8, 1993. Amended
by Laws 1994, c. 283, § 5, eff. Sept. 1, 1994; Laws 1997, c. 174, §
2, emerg. eff. May 8, 1997; Laws 2019, c. 495, § 4, eff. Nov. 1,
2019.
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§63-3208. University Hospitals Authority - Powers and duties.
A. The Authority shall have the power to:
1. Adopt bylaws and promulgate rules for the regulation of its
affairs and the conduct of its business;
2. Adopt an official seal;
3. Maintain an office at the University Hospitals;
4. Sue and be sued, subject to the provisions of The
Governmental Tort Claims Act;
5. Establish rates of payment for hospital and clinical
services, which shall provide for exceptions and adjustments in cases
where the recipients of services are unable to pay and for whom no
third party source of payment is available, and to establish
different rates of payment for indigent and nonindigent care;
6. Enter into cooperative agreements with the Board of Regents
of the University of Oklahoma for educational programs, professional
staffing, research and other medical activities and to pass through
funds appropriated by the Legislature consistent with past practice;
7. Make and enter into all contracts necessary or incidental to
the performance of its duties and the execution of its powers
pursuant to the University Hospitals Authority Act;
8. Purchase or lease equipment, furniture, materials and
supplies, and incur such other expenses as may be necessary to
maintain and operate the hospitals or clinics, or to discharge its
duties and responsibilities or to make any of its powers effective;
9. Acquire by purchase, lease, gift, or by any other manner, and
to maintain, use and operate or to contract for the maintenance, use
and operation of or lease of any and all property of any kind, real,
personal, or mixed or any interest therein unless otherwise provided
by the University Hospitals Authority Act;
10. Appoint such officers, agents and employees, including but
not limited to attorneys, architects and construction managers, as it
deems necessary to operate and maintain the University Hospitals and
to prescribe their duties and to fix their compensation;
11. Accept grants from the United States of America, or from any
corporation or agency created or designated by the United States of
America, and, in connection with any such grant, to enter into such
agreements as the United States of America or such corporation or
agency may require;
12. Make and issue bonds and to pledge revenues of the Authority
subject to the Oklahoma Bond Oversight and Reform Act. Nothing in
the University Hospitals Authority Act shall authorize the issuance
of any bonds of the Authority payable other than from revenues of the
University Hospitals. Funds appropriated to the University Hospitals
shall not be used for issuance of bonds. Authority revenue bonds
issued under the provisions of the University Hospitals Authority Act
shall not at any time be deemed to constitute a debt of the state or
of any political subdivision thereof or a pledge of the faith and
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credit of the state or of any political subdivision, but such bonds
shall be payable solely from the funds herein provided. Such revenue
bonds shall contain on the face thereof a statement to the effect
that neither the state nor the Authority shall be obligated to pay
the same or the interest thereon except from the revenues of the
project or projects for which they are issued and that neither the
faith and credit nor the taxing power of the state or any political
subdivision thereof is pledged, or may hereafter be pledged, to the
payment of the principal of or the interest on such bonds. The
maximum amount of outstanding bonds at any time shall not exceed
Fifty Million Dollars ($50,000,000.00) unless a greater amount is
expressly approved by the Legislature by a concurrent resolution
adopted prior to commencing any action in anticipation of issuance of
revenue bonds of the University Hospitals Authority for the greater
amount;
13. Provide for complete financial audits on all accounts of the
University Hospitals Authority and to authorize periodic audits by an
independent external auditing agency. Such audits to be performed
annually in a format approved by the State Auditor and Inspector and
all such audits shall be submitted to the State Auditor and Inspector
for review. Such audits shall be made in accordance with generally
accepted auditing standards and government auditing standards.
Financial statements shall be prepared in accordance with generally
accepted accounting principles. In addition to said audits, the
State Auditor and Inspector, whenever he or she deems it appropriate,
and at least once each five (5) years, or upon receipt of a request
to do so from the Governor, the Attorney General, the President Pro
Tempore of the Senate, the Speaker of the House of Representatives or
the Authority shall conduct a special audit of the Authority and the
University Hospitals;
14. Engage in long-term planning for the operation and
management of the University Hospitals;
15. Establish petty cash funds and provide for appropriate
accounting procedures and controls;
16. Contract with national manufacturers, wholesalers and
distributors of equipment, drugs and medical supplies when
appropriate to carry out the purposes of the University Hospitals
Authority Act;
17. Do all other things necessary and proper to implement the
provisions of the University Hospitals Authority Act;
18. Waive, by such means as the Authority deems appropriate, the
exemption from federal income taxation of interest on the Authority's
bonds provided by the Internal Revenue Code of 1986, as amended, or
any other federal statute providing a similar exemption;
19. Arrange for guaranties or insurance of its bonds by the
federal government or by any private insurer, and to pay any premiums
therefor; and
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20. Adopt policies for the disposal of surplus property.
B. The University Hospitals Authority shall be subject to the
Oklahoma State Finance Act, Section 34 et seq. of Title 62 of the
Oklahoma Statutes.
C. The Authority shall prepare monthly a "budget vs. actual"
report which shows by budget activity the monthly and year-to-date
revenues and expenditures compared to budgeted revenues and
expenditures. Such report shall be submitted upon request to the
Office of Management and Enterprise Services and to the Directors of
the House of Representatives Fiscal Division and the Senate Fiscal
Division.
D. The Authority shall be subject to the professional risk
management program provided for in Section 85.58A of Title 74 of the
Oklahoma Statutes.
E. The Authority may enter into contracts for construction and
remodeling projects in accordance with applicable statutes and its
own administrative rules. The Authority shall have the power to
authorize the demolition of any building owned by the Authority upon
a finding that the building is no longer suitable for the purposes
for which it was intended and that a renovation of the building is
not economically justifiable.
F. The Authority may provide space, utilities and janitorial
services to the Department of Human Services Institutional
Maintenance and Construction Architecture and Engineering Planning
Unit.
Added by Laws 1993, c. 330, § 8, emerg. eff. June 8, 1993. Amended
by Laws 2012, c. 304, § 513; Laws 2019, c. 495, § 5, eff. Nov. 1,
2019.
§63-3209. Determination of criteria and standards for medicaid
recipients and indigents - Medicaid eligibility office staff.
The Department of Human Services or the successor agency
responsible for Medicaid shall continue to determine eligibility
criteria and standards for Medicaid recipients and indigents and
continue to staff a Medicaid eligibility office at the University
Hospitals.
Added by Laws 1993, c. 330, § 9, eff. July 1, 1993.
§63-3210. University Hospitals - Authority - Agreements and
undertakings.
A. The University Hospitals Authority shall have the authority
to:
1. Enter into agreements and cooperative ventures with other
health care providers to share services or to provide a benefit to
the hospitals;
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2. Make and enter into all contracts and agreements necessary or
incidental to the performance of its duties and the execution of its
powers pursuant to the University Hospitals Authority Act;
3. Join or sponsor organizations or associations intended to
benefit the hospitals;
4. Have members of its governing body or its officers or
administrators serve without pay as directors or officers of any
organization, association or cooperative ventures authorized pursuant
to the University Hospitals Authority Act; and
5. Offer, directly or indirectly, products and services of the
hospitals, any cooperative venture or organization to the general
public.
B. All agreements and obligations undertaken, as permitted under
this section, by the University Hospitals Authority shall be for a
public purpose. In addition to any other limitations, conditions or
restrictions provided by law, the following conditions shall apply to
contractual agreements entered into pursuant to this section:
1. Private and public funds shall be accounted for separately;
and
2. The state does not assume any liability for private entities.
Added by Laws 1993, c. 330, § 10, emerg. eff. June 8, 1993. Amended
by Laws 2019, c. 495, § 6, eff. Nov. 1, 2019.
§63-3211. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3212. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3213. Employees of University Hospitals Authority - Retirement
systems.
All employees of the University Hospitals Authority shall be
members of the Oklahoma Public Employees Retirement System or the
Teachers' Retirement System of Oklahoma as appropriate.
Added by Laws 1993, c. 330, § 13, eff. July 1, 1993.
§63-3213.1. Repealed by Laws 1997, c. 287, § 19, eff. July 1, 1997.
§63-3213.2. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3214. Investments of funds - University Hospitals Authority
Agency Special Account - Blanket bond coverage.
A. The funds deposited in the Agency Special Account as created
in subsection B of this section shall be invested by the State
Treasurer in the manner provided for by law. The return on such
investments shall be credited to the accounts of the Authority.
B. There is hereby created in the State Treasury an Official
Depository Account for the University Hospitals Authority, to be
designated the University Hospitals Authority Agency Special Account.
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The Official Depository Account shall consist of an agency clearing
account and an agency special account. All revenues, except federal
entitlements and state appropriations, generated by the University
Hospitals Authority shall be deposited in these accounts.
C. The Authority shall be subject to blanket bond coverage as
provided in Sections 85.26 through 85.31 of Title 74 of the Oklahoma
Statutes, provided the Authority shall be authorized to purchase
increased amounts of fidelity bond coverage for those employees
deemed necessary by the Authority. When the amount listed in Section
85.29 of Title 74 of the Oklahoma Statutes is deemed inadequate, the
cost of increased coverage shall be borne by the Authority.
Added by Laws 1993, c. 330, § 14, eff. July 1, 1993.
§63-3215. Issuance of bonds - Resolution - Amount - Principal and
interest - Credit enhancement - Form - Execution - Denominations -
Place of payment - Signatures - Qualities and incidences - Manner of
sale - Fees and expenses - Interim receipts or temporary bonds -
Replacement bonds - Consent of issue - Refunding bonds.
A. Subject to the provisions of paragraph 12 of subsection B of
Section 8 of this act, the University Hospitals Authority may provide
by resolution, from time to time, for the issuance of revenue bonds
for its lawful purposes, in such amount or amounts as are necessary,
incidental or convenient to the exercise of powers, rights,
privileges and functions conferred upon it by the University
Hospitals Authority Act or other law. The principal of and interest
on any indebtedness shall be payable solely from the revenues of the
Authority and such other funds as may be provided by law for such
payment. The Authority may provide for credit enhancement as
additional security or liquidity for its bonds and enter into such
agreements as may be necessary or appropriate to provide for the
repayment of any funds advanced by the provider of any such credit
enhancement including the payment of any fees and expenses incurred
in connection therewith. The bonds of each issue shall bear interest
at fixed or variable rates and shall bear an average interest rate
not to exceed eleven percent (11%) per annum, shall mature at such
time or times not exceeding thirty (30) years from their date or
dates of issue, as may be determined by the Authority, and may be
made redeemable before maturity at the option of the Authority, at
such time or times and at such price or prices and pursuant to such
terms and conditions as may be fixed by the Authority prior to the
issuance of the bonds. The Authority shall determine the form of the
bonds and the manner of execution thereof, and shall fix the
denominations of the bonds and the place or places of payment of
principal and interest, which may be at any bank and trust company
within or without this state. If any officer whose signature or
facsimile of whose signature appears on any bonds shall cease to be
said officer before the delivery of the bonds, the signature or the
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facsimile shall nevertheless be valid and sufficient for all
purposes, the same as if the person had remained in office until such
delivery. All bonds issued pursuant to the provisions of the
University Hospitals Authority Act shall have all the qualities and
incidences of negotiable instruments subject to the laws of this
state. The Authority may sell the bonds in such amounts and in such
manner, either at public or private sale, and for such price, as it
may determine to be in the best interests of the state. If the bonds
are not sold by competitive bid, the sale must be approved by the
State Bond Advisor.
B. All fees and expenses of bond sales must be approved by the
State Bond Advisor and the Bond Oversight Commission. Prior to the
preparation of definitive bonds, the Authority, subject to like
restrictions, may issue interim receipts or temporary bonds, with or
without coupons, exchangeable for definitive bonds which have been
executed and are available for delivery. The Authority may also
provide for the replacement of any bonds which have become mutilated
or which have been destroyed or lost. Except as otherwise provided
by Section 19 of this act, bonds may be issued pursuant to the
provisions of the University Hospitals Authority Act without
obtaining the consent of any department, division, commission, board,
bureau, or agency of this state, and without any other proceedings or
the occurrence of any other conditions or things than those
proceedings, conditions, or things that are specifically required by
the University Hospitals Authority.
C. The Authority may, by resolution, provide for the issuance of
refunding bonds then outstanding, including the payment of any
redemption premium, any interest accrued to the date of redemption of
such bonds, and for incurring additional indebtedness for its lawful
purposes. The issuance of such bonds shall be governed by the
provisions of the University Hospitals Authority Act.
Added by Laws 1993, c. 330, § 15, eff. July 1, 1993.
§63-3216. Issuance of bonds - Approval of Attorney General.
Before any bond shall be issued and delivered by the University
Hospitals Authority, a certified copy of the proceedings for the
issuance thereof, together with any other information which the
Attorney General of the State of Oklahoma may require as the Bond
Commissioner of the State of Oklahoma, shall be submitted to the
Attorney General. If the Attorney General shall find that such bonds
have been issued in accordance with law, he shall approve such bonds
and execute a certificate to that effect. The Attorney General shall
file such certificates in the office of the State Auditor and
Inspector, and the certificates shall be recorded in a record kept
for that purpose. All bonds approved by the Attorney General, and
issued in accordance with the approved proceedings, shall be valid
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and binding obligations of the Authority and shall be incontestable
for any course from and after the date of such approval.
Added by Laws 1993, c. 330, § 16, eff. July 1, 1993.
§63-3217. Issuance of bonds - Approval of Supreme Court.
The University Hospitals Authority or the University Hospitals
Trust may file an application with the Supreme Court of the State of
Oklahoma for approval of any bonds to be issued under the provisions
of the University Hospitals Authority Act, and exclusive original
jurisdiction is hereby conferred upon the Supreme Court to hear and
determine such application. The Supreme Court shall give such
applications precedence over the other business of the Court and
consider and determine the validity of the bonds and consider the
application and any protest which may be filed thereto. Notice of
the hearing on each application shall be given by notice published in
a newspaper of general circulation in this state that on a day named
the Authority or the Trust will ask the Court to hear the application
and approve the bonds. Such notice shall inform all interested
parties that they may file a protest against the issuance of the
bonds, may be present at the hearing, and may contest the legality
thereof. Such notice shall be published one time, not less than ten
(10) days prior to the date named for the hearing and the hearing may
be adjourned from time to time in the discretion of the Court. If
the Court is satisfied that the bonds have been properly authorized
in accordance with the University Hospitals Authority Act, and that
when issued such bonds will constitute valid obligations in
accordance with their terms, the Court shall render its written
opinion approving the bonds and shall fix the time within which the
petition for rehearing may be filed. The decision of the Court shall
be a judicial determination of the validity of the bonds, shall be
conclusive as to the Authority or the Trust, its officers and agents,
and thereafter the bonds so approved and the revenues pledged to
their payment shall be incontestable in any court in the State of
Oklahoma.
Added by Laws 1993, c. 330, § 17, eff. July 1, 1993. Amended by Laws
1997, c. 174, § 3, emerg. eff. May 8, 1997.
§63-3218. Bonds not to be debt of state or political subdivision -
Statement on bonds - Tax exemption.
Revenue bonds of the University Hospitals Authority issued
pursuant to the provisions of the University Hospitals Authority
shall not constitute a debt of the state or of any political
subdivision thereof, or a pledge of the full faith and credit of the
state, or of any political subdivision thereof, but such bonds shall
be payable solely from the funds provided therefor. The forms of the
bonds so issued shall contain on the face thereof a statement to the
effect that neither the state nor the Authority shall be obligated to
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pay the same or the interest thereon except from the revenues of the
Authority pledged to the payment of such bonds and that neither the
faith and credit nor the taxing power of the state or any political
subdivision thereof is pledged, or may hereafter be pledged, to the
payment of the principal of or interest on such bonds. The bonds so
issued shall be exempt from taxation by the State of Oklahoma and any
political subdivision thereof, including the income therefrom, and
any gain from the sale thereof.
Added by laws 1993, c. 330, § 18, eff. July 1, 1993.
§63-3219. Investment in bonds issued pursuant to this act - Use as
collateral security.
Bonds issued pursuant to provisions of the University Hospitals
Authority Act are hereby made securities in which all public officers
and public boards, agencies and instrumentalities of the state and
its political subdivisions, all banks, trust companies, trust and
loan associations, investment companies, and others carrying on a
banking business, and all insurance companies and insurance
associations, and others carrying on an insurance business, may
legally and properly invest. Such bonds are also approved as
collateral security for the deposit of any public funds and for the
investment of trust funds.
Added by Laws 1993, c. 330, § 19, eff. July 1, 1993.
§63-3220. University Hospitals Authority - Annual report to Governor
and Legislature.
The University Hospitals Authority shall submit an annual report
to the Governor, the President Pro Tempore of the Senate and the
Speaker of the House of Representatives. Such report shall be
submitted in accordance with the requirements for financial statement
audits in Section 212A of Title 74 of the Oklahoma Statutes, and
shall include an account of the operations and actions of the
Authority and an accounting of all revenue received and disbursed by
the Authority for the previous fiscal year. The report shall include
an accounting of expenses related to each of the following:
1. Education and training of students of the University of
Oklahoma, resident physicians and others;
2. Care and treatment of indigents for whom the Authority
receives any form of state or federal reimbursement; and
3. Research.
Added by Laws 1993, c. 330, § 20, eff. July 1, 1993. Amended by Laws
1996, c. 290, § 10, eff. July 1, 1996.
§63-3221. University Hospitals Authority Disbursing Fund.
A. There is hereby created in the State Treasury a revolving
fund for the University Hospitals Authority, to be designated the
"University Hospitals Authority Disbursing Fund". The fund shall be
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a continuing fund, not subject to fiscal year limitations, and shall
consist of appropriated revenues, revenues earned by the Authority,
donations and federal entitlements. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the University Hospitals Authority.
B. Following the execution of a lease of real properties under
the jurisdiction of the University Hospitals Authority to the
University Hospitals Trust pursuant to Section 3226 of this title,
monies from the fund may be expended by the Authority for the fiscal
year ending June 30, 1998, for the operations of the Authority after
the execution of the lease to the University Hospitals Trust for
payment of any costs to the Authority associated with the transfer of
operations of facilities under the jurisdiction of the Authority, and
legal obligations of the Authority. After July 1, 1998, the
operation of the Authority may be funded from the interest earned by
the fund.
C. After July 1, 2010, the principal and interest earned on the
fund may be expended by the Authority for the operation of the
Authority and for the completion of the mission of the Authority.
D. It is the intent of the Legislature to restore the fund to
the June 30, 2010, balance in the event that the state resumes
operations of any of the facilities operated by the Authority prior
to a lease being executed.
Added by Laws 1993, c. 330, § 21, eff. July 1, 1993. Amended by Laws
1996, c. 326, § 5, eff. July 1, 1996; Laws 1997, c. 287, § 16, eff.
July 1, 1997; Laws 2010, c. 446, § 2; Laws 2019, c. 495, § 7, eff.
Nov. 1, 2019.
§63-3221.1. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3222. Traffic and parking regulations on University Hospitals
Authority property - Violations - Campus police officers and guards -
Cooperative agreements.
A. The University Hospitals Authority may regulate traffic and
the parking of vehicles on property used by or for the University
Hospitals Authority. Such regulations shall be in writing, and
copies thereof, including amendments thereto, shall be filed in the
office of the Secretary of State, and in the office of the city clerk
of the City of Oklahoma City. The municipal court of the City of
Oklahoma City shall have jurisdiction to hear and determine
prosecutions for violations of such regulations, which may be
prosecuted and shall be punishable as violations of ordinances of the
City of Oklahoma City. The Authority may cause to be removed, and
may enter into contracts for such purpose, any vehicle parked in
violation of such regulations.
B. The Authority may appoint campus police officers and guards
for buildings and grounds of the University Hospitals Authority in
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the same manner and with the same powers as campus police appointed
by governing boards of state institutions for higher education under
the provisions of Section 360.15 et seq. of Title 74 of the Oklahoma
Statutes, and who may prevent or stop improper conduct and trespass
in and upon such buildings and grounds, and make arrests and
prosecute any and all persons arrested for such improper conduct and
trespassing. Employees of the Authority serving as police officers
shall be certified as provided for in Section 3311 of Title 70 of the
Oklahoma Statutes.
C. The Authority and the City of Oklahoma City may enter into a
cooperative agreement to effectuate the provisions of this section.
Added by Laws 1974, c. 4, § 1, emerg. eff. March 14, 1974. Amended
by Laws 1988, c. 326, § 25, emerg. eff. July 13, 1988; Laws 1993, c.
330, § 25, eff. July 1, 1993. Renumbered from § 344 of Title 56 by
Laws 1993, c. 330, § 31, eff. July 1, 1993. Amended by Laws 1994, c.
283, § 2, eff. Sept. 1, 1994.
§63-3223. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3224. University Hospitals Trust.
A. The State of Oklahoma expressly approves the creation of a
public trust to be denominated the "University Hospitals Trust", of
which the State of Oklahoma shall be the beneficiary, provided such
approval shall be contingent upon the following conditions being
satisfied:
1. Finalizing of the Declaration of Trust;
2. Adoption of the Declaration of Trust by an official action of
the trustees of the Trust;
3. Submission of the Trust for acceptance of the beneficial
interest and approval as required by Section 177 of Title 60 of the
Oklahoma Statutes; and
4. The approved Declaration of Trust shall:
a. clearly state that the principal purpose of the
University Hospitals Trust is to effectuate the
purposes of the University Hospitals Authority as
established in the University Hospitals Authority Act,
b. except as otherwise provided by law, provide that the
fee simple title to real property held by the
University Hospitals Authority shall not be
transferred, conveyed, or assigned to the University
Hospitals Trust without the express consent of the
Legislature as the governing entity of the beneficiary
pursuant to Section 176 of Title 60 of the Oklahoma
Statutes,
c. provide that any indebtedness incurred by the
University Hospitals Trust or the trustees of the Trust
shall not be secured with or create a lien upon real
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property to which title is held by the University
Hospitals Authority and shall not involve the bonding
capacity of the University Hospitals Authority,
d. provide that the trust estate of the University
Hospitals Trust shall not include fee simple title to
real property owned by the University Hospitals
Authority,
e. clearly state that the creation of the University
Hospitals Trust shall not in any way reduce, limit or
interfere with the power granted to the University
Hospitals Authority in the University Hospitals
Authority Act,
f. provide that any lease or contractual agreement
involving use of the real property to which title is
held by the University Hospitals Authority and any
improvements thereto shall contain a provision and
covenants requiring the proper maintenance and upkeep
of the real property and improvements,
g. provide that the trustees of the University Hospitals
Trust shall be the acting members of the University
Hospitals Authority as provided in the University
Hospitals Authority Act, and
h. provide that the trustees of the University Hospitals
Trust shall have the duty to submit an annual report to
the Governor, the President Pro Tempore of the Senate
and the Speaker of the House of Representatives. The
report shall be submitted by January 1 of each year and
shall include an account of all operations, actions of
the Trust, account of all revenue received and
disbursed by the Trust for the previous fiscal year.
The report shall also provide a complete accounting of
how the Trust meets its primary function of
effectuating the purposes of the University Hospitals
Authority, as established in the University Hospitals
Authority Act.
B. The University Hospitals Trust shall require any agreements
which it enters into with any entity pursuant to Section 3226 of this
title for the operations of facilities leased by the University
Hospitals Authority to the Trust to include, but not be limited to:
1. The inclusion of four of the five members of the Trust as
four of the five members representing the State of Oklahoma as state
appointees to the governing committee created pursuant to a proposed
agreement;
2. Binding arbitration shall not be involved in such agreements
for resolving issues under consideration by the governing committee;
and
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3. Major decisions shall be resolved by the governing committee,
and approval of any major decision by the governing committee must
include the approval of a majority of the state appointees and the
approval of a majority of the members of the private entity
appointees to the governing committee. Major decisions shall
include:
a. approval of the annual operating and capital budgets,
b. sale or disposition of assets that individually have a
fair market value over Two Hundred Fifty Thousand
Dollars ($250,000.00),
c. the termination or transfer or material addition or
material diminution of medical services at the Oklahoma
Medical Center related to and part of a teaching
program of the University of Oklahoma Health Sciences
Center, and
d. other major decisions as may be agreed upon by the
Trust and the private entity.
C. To the extent it is determined by legislative enactment that
the Trust has expended funds in contravention of its mission as set
forth in this section, the Trust shall remit, upon thirty (30) days'
written notice from the University Hospitals Authority, such sum or
sums to the University Hospitals Authority.
D. In the event the Trust enters into a joint venture or
acquires an interest in a not-for-profit entity to effectuate the
administration of the mission of the Trust, that entity shall not be
subject to the Oklahoma Open Meeting Act and the Oklahoma Open
Records Act. Any information submitted to or compiled by the Trust
with respect to marketing plans, financial statements, trade secrets,
research concepts, methods or products or any other proprietary
information submitted to or compiled by the Trust, persons, firms,
associations, partnerships, agencies, corporations, institutions of
higher education, nonprofit research institutions or other entities
shall be confidential, except to the extent that the person or entity
which provided such information or which is the subject of such
information consents to disclosure. Executive sessions may be held
to discuss such materials if deemed necessary by the Trust. The
provisions of this subsection shall not apply to budgetary
information related to appropriations or the appropriations process.
E. In addition to the powers and exemptions granted to state
beneficiary public trusts organized under Section 176 et seq. of
Title 60 of the Oklahoma Statutes, the Trust shall possess all the
statutory powers and exemptions provided to the University Hospitals
Authority.
F. The Trust shall have the authority or may contract with a
joint operator or with a foundation supporting the programs of
Children's Hospital to sell naming rights to property owned or leased
by the Trust, provided proceeds from the sale of naming rights are
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used to effectuate the purposes of the University Hospitals Authority
as established in the University Hospitals Authority Act and are
specifically approved by the Trust, which shall have absolute
discretion in granting or denying naming rights. Naming rights shall
not include any interest in the property by the purchaser other than
the naming rights.
Added by Laws 1995, c. 263, § 3. Amended by Laws 1996, c. 326, § 6,
eff. July 1, 1996; Laws 1997, c. 2, § 15, emerg. eff. Feb. 26, 1997;
Laws 1997, c. 174, § 4, emerg. eff. May 8, 1997; Laws 2007, c. 93, §
2, eff. Nov. 1, 2007; Laws 2016, c. 387, § 1, emerg. eff. June 6,
2016; Laws 2019, c. 495, § 8, eff. Nov. 1, 2019.
NOTE: Laws 1996, c. 321, § 5 repealed by Laws 1997, c. 2, § 26,
emerg. eff. Feb. 26, 1997.
§63-3225. Submission of certain contractual agreements to
Contingency Review Board - Declaratory judgment of Supreme Court of
Oklahoma.
A. Contingent upon the creation of the University Hospitals
Trust as provided in Section 3224 of this title, the Trust, prior to
acceptance, shall submit to the Contingency Review Board for review
the proposed agreement regarding the lease and operations of the
University Hospitals to any entity authorized to transact business in
the state and an independent statement as to the fairness of said
proposed agreement for the State of Oklahoma. The Contingency Review
Board shall upon receipt of the proposed agreement meet within
fifteen (15) business days to review the proposed agreement; and
unless the Contingency Review Board disapproves the proposed
agreement, the proposed agreement may be executed, but no lease of
the University Hospitals shall become effective until after Supreme
Court approval pursuant to subsection B of this section.
B. 1. If a proposed agreement is not disapproved by the
Contingency Review Board pursuant to subsection A of this section,
the University Hospitals Authority and University Hospitals Trust,
within thirty (30) calendar days after the time for Contingency
Review Board action has expired, may file a petition with the Supreme
Court of Oklahoma for a declaratory judgment determining the validity
of the proposed agreement. The review of the Court shall be based
upon the exercise of any of the powers, rights, privileges, and
functions conferred upon the Authority or the University Hospitals
Trust, as applicable, under the University Hospitals Authority Act
and Oklahoma laws. Exclusive original jurisdiction is conferred upon
the Supreme Court to hear and determine such petitions. The Supreme
Court shall give such petitions precedence over other business of the
Court except habeas corpus proceedings.
2. Notice of the hearing of such a petition shall be given by a
notice published in a newspaper of general circulation in this state
that on a day specified the Supreme Court will hear the petition to
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approve the proposed agreement and enter a declaratory judgment. The
notice shall be published one time not less than ten (10) days prior
to the date specified for the hearing. The notice shall inform
property owners, taxpayers, citizens, and all persons having or
claiming any right, title, or interest in the proposed agreement or
properties or funds to be affected by the implementation of the
proposed agreement, or affected in any way thereby, that they may
file protests against the approval of the proposed agreement, and be
present at the hearing to contest the legality of the proposed
agreement. The hearing may be adjourned from time to time at the
discretion of the Court.
3. If the Court is satisfied that the proposed agreement is in
accordance with the University Hospitals Authority Act and Oklahoma
laws, the Court shall enter a declaratory judgment approving and
declaring the proposed agreement to be valid and conclusive as to the
Authority, the Trust, and all other parties to the proposed
agreement; and, upon petition of the Authority, shall issue an order
permanently enjoining all persons described in the notice required by
this subsection from thereafter instituting any action or proceeding
contesting the validity of the proposed agreement. A declaratory
judgment rendered pursuant to this subsection shall have the force
and effect of a final judgment or decree and shall be incontestable
in any court in this state.
4. As used in the University Hospitals Authority Act, "proposed
agreement" means one or more contracts regarding the lease and
operations of the University Hospitals and all other agreements
contemplated by or referred to in the contract regarding such lease
and operations.
Added by Laws 1995, c. 263, § 4. Amended by Laws 1996, c. 321, § 6,
emerg. eff. June 12, 1996; Laws 1997, c. 174, § 5, emerg. eff. May 8,
1997.
§63-3226. Leases from University Hospitals Authority to University
Hospitals Trust.
A. Contingent upon the creation of the University Hospitals
Trust as provided in Section 3224 of this title, the University
Hospitals Authority is hereby authorized to lease, for a term of not
more than fifty (50) years, renewable at the option of the Authority,
all real property known as the University Hospitals and any other
sites under the control of the Authority to the University Hospitals
Trust. Any lease agreement made pursuant to this section shall be
contingent upon:
1. Prior review by the Attorney General of any contractual
agreement between the University Hospitals Trust and any entity
authorized to transact business in the State of Oklahoma regarding
the lease and operations of the University Hospitals. The Attorney
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General shall disapprove the agreement if it is determined that
provisions of the agreement are not consistent with state law; and
2. The execution of an operating and lease agreement between the
University Hospitals Trust and any entity authorized to transact
business in the State of Oklahoma.
B. Concurrent with the execution of a lease of real property
from the University Hospitals Authority to the University Hospitals
Trust as provided in subsection A of this section, the Authority is
authorized to transfer title to and possession of all tangible and
intangible personal property under its control to the Trust. In any
contractual agreement regarding the lease and operations of the
University Hospitals between the University Hospitals Trust and any
entity authorized to transact business in the State of Oklahoma, the
Trust is authorized to sell or otherwise convey to such entity all
tangible and intangible personal property the Trust may receive from
the University Hospitals Authority. Any contract or other agreement
which purports to exercise the powers authorized by this subsection
is subject to review by the Contingency Review Board, as specified in
Section 3225 of this title.
C. If a contracting entity fails to take possession of the
leased premises or abandons or surrenders possession of the leased
premises, other than to a state agency, at any time during the term
of the lease between the University Hospitals Trust and the
contracting entity, the interest in the real property leased to the
University Hospitals Trust by the University Hospitals Authority
shall revert to and be the sole and exclusive property of the
University Hospitals Authority.
D. Contingent upon the execution of an agreement between the
University Hospitals Trust and any entity authorized to transact
business in the State of Oklahoma, as specified in subsection A of
this section, the University Hospitals Authority is authorized to
enter into an agreement for such entity to provide indigent care
services and perform other related duties imposed upon the University
Hospitals Authority by law. Such an agreement between the University
Hospitals Authority and such entity is exempt from the requirements
of the Oklahoma Central Purchasing Act and any rules adopted by the
University Hospitals Authority pursuant to the Administrative
Procedures Act.
Added by Laws 1995, c. 263, § 5. Amended by Laws 1996, c. 321, § 7,
emerg. eff. June 12, 1996; Laws 2000, 1st Ex.Sess., c. 8, § 12, eff.
July 1, 2000.
§63-3227. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3227.1. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
§63-3228. Repealed by Laws 2019, c. 495, § 11, eff. Nov. 1, 2019.
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§63-3240.1. Short title.
This act shall be known and may be cited as the “Community
Hospitals Authority Act”.
Added by Laws 2002, c. 374, § 3, eff. July 1, 2002.
§63-3240.2. Definitions.
As used in the Community Hospitals Authority Act:
1. “Authority” means the Community Hospitals Authority;
2. “Health care system” means a system providing inpatient and
outpatient services that is not limited to a specific facility or
modality of care;
3. “Medically indigent” means a person requiring medically
necessary hospital or other health care services for the person or
the dependents of the person, who has insufficient or no public or
private third-party coverage and whose personal resources are
insufficient to provide for needed medical care; and
4. “Participating health care system” means a health care system
that has within it a major community hospital that expends at least
Five Million Dollars ($5,000,000.00) annually providing care for
medically indigent persons from a multicounty service area and that
is located in a municipality having a population of three hundred
seventy-five thousand (375,000) or more which does not have a health
care system statutorily charged with indigent care and medical
teaching or training responsibilities on the effective date of the
Community Hospitals Authority Act.
Added by Laws 2002, c. 374, § 4, eff. July 1, 2002. Amended by Laws
2003, c. 412, § 1, eff. Nov. 1, 2003.
§63-3240.3. Community Hospitals Authority - Purpose, establishment
and duties - Indigent care services - Appropriation - Reimbursement.
A. The Oklahoma Legislature finds that care of medically
indigent persons and the needs of the Oklahoma State University
Center for Health Sciences and the University of Oklahoma College of
Medicine (Tulsa) will be enhanced through the establishment of the
Community Hospitals Authority. The purpose of the Community
Hospitals Authority is to provide maximum utilization and efficient
administration in order to deliver health care services to medically
indigent persons and to promote the teaching and training of
physicians.
B. The Community Hospitals Authority shall:
1. Support the missions of the Oklahoma State University Center
for Health Sciences and the University of Oklahoma College of
Medicine (Tulsa) with regard to:
a. teaching and training for medical students,
b. conducting medical and biomedical research, and
c. medical care for indigent and nonindigent populations;
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2. Act as a vehicle for securing funding that is in addition to
existing state Medicaid Program appropriated funding for education
and indigent care and graduate medical education; provided, however,
under no circumstance shall funds secured pursuant to this provision
be used to supplant such existing state Medicaid Program appropriated
funding; and
3. Coordinate the delivery and efficiency of medical service
across Northeast Oklahoma including, but not limited to, all counties
located totally or partly in the Tulsa Metropolitan Area.
C. The Authority may contract for indigent care services with
participating health care systems.
D. In the event the Legislature enacts a statewide program to
reimburse hospitals for the cost, or a portion thereof, of providing
indigent health care, the Legislature shall ensure that such
reimbursement shall be made to all hospitals providing indigent care
within the state.
Added by Laws 2002, c. 374, § 5, eff. July 1, 2002. Amended by Laws
2003, c. 412, § 2, eff. Nov. 1, 2003; Laws 2005, c. 410, § 2, eff.
July 1, 2005.
§63-3240.4. Licensure of hospitals – Services and payment – Teaching
and training hospitals.
Hospitals within the participating health care systems:
1. Shall be licensed by the State Commissioner of Health and
shall meet the standards, requirements and essentials of the Joint
Commission of Accreditation of Health Care Organizations and the
American Osteopathic Association. Provided, the State Commissioner
of Health may waive any such standards, requirements and essentials
as the Commissioner deems necessary;
2. May provide services and receive payments therefor under
Title XVIII and XIX of the federal Social Security Act, and may
participate in other federal medical programs;
3. Shall be available as teaching and training hospitals for
Oklahoma State University College of Osteopathic Medicine and the
University of Oklahoma College of Medicine (Tulsa), and other health
and educational facilities, and shall provide indigent patient care
consistent with their past policies and performance; and
4. Shall not be covered by The Governmental Tort Claims Act, and
their employees, agents, independent contractors and employees of
independent contractors shall not be covered by The Governmental Tort
Claims Act.
Added by Laws 2002, c. 374, § 6, eff. July 1, 2002.
§63-3240.5. Composition of agency – Terms – Reimbursement - Quorum.
A. There is hereby created the Community Hospitals Authority, an
agency of the State of Oklahoma, a body corporate and politic, with
powers of government and with the authority to exercise the rights,
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privileges and functions as specified in the Community Hospitals
Authority Act.
B. The Authority shall be composed as follows:
1. The presidents of Oklahoma State University and the
University of Oklahoma or their designees;
2. One member appointed by the Governor who shall be a citizen
and resident of a metropolitan area meeting the criteria provided in
paragraph 4 of Section 3240.2 of this title who has no direct
affiliation with a participating health care system or a university
listed in paragraph 1 of this subsection;
3. One member appointed by the Speaker of the House of
Representatives;
4. One member appointed by the President Pro Tempore of the
State Senate;
5. The Director of the Oklahoma Health Care Authority; and
6. One representative from each of the three participating
health care systems, as defined in Section 3240.2 of this title, who
shall each serve terms of three (3) years and may be reappointed;
7. One representative from the Oklahoma Department of Commerce
designated as the Community Action Agency for the largest county in
terms of population included within the geographic boundaries of the
Community Hospitals Authority;
8. One representative from the chamber of commerce, or any other
organization of business entities, from the largest metropolitan area
in terms of population included within the geographic boundaries of
the Community Hospitals Authority;
9. One representative appointed by the existing members of the
Authority from a city-county health department; and
10. One representative appointed by the existing members of the
Authority from a charitable or philanthropic foundation with assets
in excess of Five Hundred Million Dollars ($500,000,000.00) that has
demonstrated a commitment to supporting the missions of the Community
Hospitals Authority.
C. The members appointed by the Governor, the Speaker of the
House of Representatives and the President Pro Tempore of the State
Senate shall serve terms of three (3) years and may be reappointed.
Successors shall be appointed for terms of three (3) years.
D. Each member of the Authority, prior to appointment, shall be
a resident of the state and a registered voter.
E. The members of the Authority shall serve without compensation
but may be reimbursed for all actual and necessary travel expenses
incurred in the performance of their duties in accordance with the
provisions of the State Travel Reimbursement Act.
F. A quorum of the Authority shall be a majority of the voting
members. The members of the Authority shall annually elect a chair
from among its membership.
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Added by Laws 2002, c. 374, § 7, eff. July 1, 2002. Amended by Laws
2003, c. 412, § 3, eff. Nov. 1, 2003; Laws 2006, c. 315, § 14, emerg.
eff. June 9, 2006.
§63-3240.6. Powers and duties.
A. The Community Hospitals Authority shall have the power and
duty to:
1. Adopt bylaws and promulgate rules for the regulation of its
affairs and the conduct of its business;
2. Adopt an official seal;
3. Maintain an office in one of the participating hospitals for
the Community Hospitals Authority at no cost to the Authority;
4. Sue and be sued;
5. Make and enter into all contracts necessary or incidental to
the performance of its duties and the execution of its powers
pursuant to the Community Hospitals Authority Act;
6. Purchase or lease equipment, furniture, materials and
supplies, and incur such other expenses as may be necessary to
discharge its duties and responsibilities or to make any of its
powers effective;
7. Accept any and all grants from persons and from the United
States of America, or from any corporation or agency created or
designed by the United States of America, and, in connection with any
such grant, to enter into such agreements as the United States of
America or such corporation or agency may require;
8. Accept grants and gifts from private individuals and
organizations;
9. Provide for complete financial audits on all accounts of the
Community Hospitals Authority and to authorize periodic audits by an
independent external auditing agency. Such audits shall be performed
annually in a format approved by the State Auditor and Inspector, and
all such audits shall be submitted to the State Auditor and Inspector
for review. Such audits shall be made in accordance with generally
accepted auditing standards and government auditing standards.
Financial statements shall be prepared in accordance with generally
accepted accounting principles. In addition to the audits, the State
Auditor and Inspector, whenever the State Auditor deems it
appropriate, and at least once each five (5) years, or upon receipt
of a request to do so from the Governor, the Attorney General, the
President Pro Tempore of the Senate, the Speaker of the House of
Representatives or the Authority shall conduct a special audit of the
Authority;
10. Engage in long-term planning for the operation and
management of the Community Hospitals Authority;
11. Establish petty cash funds and provide for appropriate
accounting procedures and controls; and
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12. Do all other things necessary and proper to implement the
provisions of the Community Hospitals Authority Act.
B. The Community Hospitals Authority shall be subject to the
Oklahoma Budget Law of 1947.
C. The Authority shall prepare monthly a "budget vs. actual"
report which shows by budget activity the monthly and year-to-date
revenues and expenditures compared to budgeted revenues and
expenditures. Such report shall be submitted to the Office of
Management and Enterprise Services and to the directors of the Fiscal
Divisions of the State Senate and the Oklahoma House of
Representatives.
D. The Authority shall be subject to the professional risk
management program provided for in Section 85.58A of Title 74 of the
Oklahoma Statutes.
E. The Authority shall be and is prohibited from issuing bonds
or other evidences of indebtedness.
F. The Authority shall be and is prohibited from acquiring any
real property.
Added by Laws 2002, c. 374, § 8, eff. July 1, 2002. Amended by Laws
2003, c. 412, § 4, eff. Nov. 1, 2003; Laws 2012, c. 304, § 519.
§63-3240.7. Annual report.
The Community Hospitals Authority shall submit an annual report
to the Governor, the President Pro Tempore of the Senate and the
Speaker of the House of Representatives. Such report shall be
submitted in accordance with the requirements for financial statement
audits in Section 212A of Title 74 of the Oklahoma Statutes, and
shall include an account of the operations and actions of the
Authority and an accounting of all revenue received and disbursed by
the Authority for the previous fiscal year. The report shall include
an accounting of expenses related to the care and treatment of
indigent persons for whom the Authority receives any form of state or
federal reimbursement.
Added by Laws 2002, c. 374, § 9, eff. July 1, 2002.
§63-3240.8. Community Hospitals Authority Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Community Hospitals Authority to be designated the “Community
Hospitals Authority Revolving Fund”. The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
monies available to the Authority. All monies accruing to the credit
of the fund are hereby appropriated and may be budgeted and expended
by the Community Hospitals Authority as authorized by law. The
Authority shall ensure that all monies deposited into the fund are
matched with federal dollars whenever possible.
Added by Laws 2002, c. 374, § 10, eff. July 1, 2002.
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§63-3241.1. Supplemental Hospital Offset Payment Program Act.
This act shall be known and may be cited as the "Supplemental
Hospital Offset Payment Program Act".
Added by Laws 2011, c. 228, § 1.
§63-3241.2. Definitions.
As used in the Supplemental Hospital Offset Payment Program Act:
1. "Authority" means the Oklahoma Health Care Authority;
2. "Base year" means a hospital's fiscal year as reported in the
Medicare Cost Report or as determined by the Authority if the
hospital's data is not included in the Medicare Cost Report. The
base year data will be used in all assessment calculations;
3. "Net hospital patient revenue" means the gross hospital
revenue as reported on Worksheet G-2 (Columns 1 and 2, Lines "Total
inpatient routine care services", "Ancillary services", and
"Outpatient services") of the Medicare Cost Report, multiplied by the
hospital's ratio of total net to gross revenue, as reported on
Worksheet G-3 (Column 1, Line "Net patient revenues") and Worksheet
G-2 (Part I, Column 3, Line "Total patient revenues");
4. "Hospital" means an institution licensed by the State
Department of Health as a hospital pursuant to Section 1-701 of this
title maintained primarily for the diagnosis, treatment, or care of
patients;
5. "Hospital Advisory Committee" means the Committee established
for the purposes of advising the Oklahoma Health Care Authority and
recommending provisions within and approval of any state plan
amendment or waiver affecting hospital reimbursement made necessary
or advisable by the Supplemental Hospital Offset Payment Program Act.
In order to expedite the submission of the state plan amendment
required by Section 3241.6 of this title, the Committee shall
initially be appointed by the Executive Director of the Authority
from recommendations submitted by a statewide association
representing rural and urban hospitals. The permanent Committee
shall be appointed no later than thirty (30) days after November 1,
2011, and shall be composed of five (5) members to serve until
December 31, 2025, from lists of names submitted by a statewide
association representing rural and urban hospitals, as follows:
a. one member, appointed by the Governor, who shall serve
as chairman, and
b. two members appointed each by the President Pro Tempore
of the Oklahoma State Senate and the Speaker of the
Oklahoma House of Representatives.
Membership shall be extended until December 31, 2025, for those
members who are serving as of December 31, 2019;
6. "Medicaid" means the medical assistance program established
in Title XIX of the federal Social Security Act and administered in
this state by the Oklahoma Health Care Authority;
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7. "Medicare Cost Report" means the Hospital Cost Report, Form
CMS-2552-96 or subsequent versions;
8. "Upper payment limit" means the maximum ceiling imposed by 42
C.F.R., Sections 447.272 and 447.321 on hospital Medicaid
reimbursement for inpatient and outpatient services, other than to
hospitals owned or operated by state government; and
9. "Upper payment limit gap" means the difference between the
upper payment limit and Medicaid payments not financed using hospital
assessments made to all hospitals other than hospitals owned or
operated by state government.
Added by Laws 2011, c. 228, § 2. Amended by Laws 2013, c. 132, § 1,
eff. Nov. 1, 2013; Laws 2016, c. 345, § 1, eff. Nov. 1, 2016; Laws
2019, c. 56, § 1, eff. Nov. 1, 2019.
§63-3241.3. Hospital assessment - Exceptions - Fees - Promulgation
of rules.
A. For the purpose of assuring access to quality care for
Oklahoma Medicaid consumers, the Oklahoma Health Care Authority,
after considering input and recommendations from the Hospital
Advisory Committee, shall assess hospitals licensed in Oklahoma,
unless exempt under subsection B of this section, a supplemental
hospital offset payment program fee.
B. The following hospitals shall be exempt from the supplemental
hospital offset payment program fee:
1. A hospital that is owned or operated by the state or a state
agency, the federal government, a federally recognized Indian tribe,
or the Indian Health Service;
2. A hospital that provides more than fifty percent (50%) of its
inpatient days under a contract with a state agency other than the
Authority;
3. A hospital for which the majority of its inpatient days are
for any one of the following services, as determined by the Authority
using the Inpatient Discharge Data File published by the Oklahoma
State Department of Health, or in the case of a hospital not included
in the Inpatient Discharge Data File, using substantially equivalent
data provided by the hospital:
a. treatment of a neurological injury,
b. treatment of cancer,
c. treatment of cardiovascular disease,
d. obstetrical or childbirth services,
e. surgical care, except that this exemption shall not
apply to any hospital located in a city of less than
five hundred thousand (500,000) population and for
which the majority of inpatient days are for back,
neck, or spine surgery;
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4. A hospital that is certified by the federal Centers for
Medicaid and Medicare Services as a long-term acute care hospital or
as a children's hospital; and
5. A hospital that is certified by the federal Centers for
Medicaid and Medicare Services as a critical access hospital.
C. The supplemental hospital offset payment program fee shall be
an assessment imposed on each hospital, except those exempted under
subsection B of this section, for each calendar year in an amount
calculated as a percentage of each hospital's net patient revenue.
1. The assessment rate shall be determined annually based upon
the percentage of net hospital patient revenue needed to generate an
amount up to the sum of:
a. the nonfederal portion of the upper payment limit gap,
plus
b. the annual fee to be paid to the Authority under
subparagraph c of paragraph 1 of subsection G of
Section 3241.4 of this title, plus
c. the amount to be transferred by the Authority to the
Medical Payments Cash Management Improvement Act
Programs Disbursing Fund under subsection C of Section
3241.4 of this title.
2. The assessment rate until December 31, 2012, shall be fixed
at two and one-half percent (2.5%). At no time in subsequent years
shall the assessment rate exceed four percent (4%).
3. Net hospital patient revenue shall be determined using the
data from each hospital's Medicare Cost Report contained in the
Centers for Medicare and Medicaid Services' Healthcare Cost Report
Information System file.
a. Through 2013, the base year for assessment shall be the
hospital's fiscal year that ended in 2009, as contained
in the Healthcare Cost Report Information System file
dated December 31, 2010.
b. For years after 2013, the base year for assessment
shall be determined by rules established by the
Authority.
4. If a hospital's applicable Medicare Cost Report is not
contained in the Centers for Medicare and Medicaid Services'
Healthcare Cost Report Information System file, the hospital shall
submit a copy of the hospital's applicable Medicare Cost Report to
the Authority in order to allow the Authority to determine the
hospital's net hospital patient revenue for the base year.
5. If a hospital commenced operations after the due date for a
Medicare Cost Report, the hospital shall submit its initial Medicare
Cost Report to the Authority in order to allow the Authority to
determine the hospital's net patient revenue for the base year.
6. Partial year reports may be prorated for an annual basis.
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7. In the event that a hospital does not file a uniform cost
report under 42 U.S.C., Section 1396a(a)(40), the Authority shall
establish a uniform cost report for such facility subject to the
Supplemental Hospital Offset Payment Program provided for in this
section.
8. The Authority shall review what hospitals are included in the
Supplemental Hospital Offset Payment Program provided for in this
subsection and what hospitals are exempted from the Supplemental
Hospital Offset Payment Program pursuant to subsection B of this
section. Such review shall occur at a fixed period of time. This
review and decision shall occur within twenty (20) days of the time
of federal approval and annually thereafter in November of each year.
9. The Authority shall review and determine the amount of the
annual assessment. Such review and determination shall occur within
the twenty (20) days of federal approval and annually thereafter in
November of each year.
D. A hospital may not charge any patient for any portion of the
supplemental hospital offset payment program fee.
E. Closure, merger and new hospitals.
1. If a hospital ceases to operate as a hospital or for any
reason ceases to be subject to the fee imposed under the Supplemental
Hospital Offset Payment Program Act, the assessment for the year in
which the cessation occurs shall be adjusted by multiplying the
annual assessment by a fraction, the numerator of which is the number
of days in the year during which the hospital is subject to the
assessment and the denominator of which is 365. Immediately upon
ceasing to operate as a hospital, or otherwise ceasing to be subject
to the supplemental hospital offset payment program fee, the hospital
shall pay the assessment for the year as so adjusted, to the extent
not previously paid.
2. In the case of a hospital that did not operate as a hospital
throughout the base year, its assessment and any potential receipt of
a hospital access payment will commence in accordance with rules for
implementation and enforcement promulgated by the Authority, after
consideration of the input and recommendations of the Hospital
Advisory Committee.
F. 1. In the event that federal financial participation
pursuant to Title XIX of the Social Security Act is not available to
the Oklahoma Medicaid program for purposes of matching expenditures
from the Supplemental Hospital Offset Payment Program Fund at the
approved federal medical assistance percentage for the applicable
year, the supplemental hospital offset payment program fee shall be
null and void as of the date of the nonavailability of such federal
funding through and during any period of nonavailability.
2. In the event of an invalidation of the Supplemental Hospital
Offset Payment Program Act by any court of last resort, the
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supplemental hospital offset payment program fee shall be null and
void as of the effective date of that invalidation.
3. In the event that the supplemental hospital offset payment
program fee is determined to be null and void for any of the reasons
enumerated in this subsection, any supplemental hospital offset
payment program fee assessed and collected for any period after such
invalidation shall be returned in full within twenty (20) days by the
Authority to the hospital from which it was collected.
G. The Authority, after considering the input and
recommendations of the Hospital Advisory Committee, shall promulgate
rules for the implementation and enforcement of the supplemental
hospital offset payment program fee. Unless otherwise provided, the
rules adopted under this subsection shall not grant any exceptions to
or exemptions from the hospital assessment imposed under this
section.
H. The Authority shall provide for administrative penalties in
the event a hospital fails to:
1. Submit the supplemental hospital offset payment program fee;
2. Submit the fee in a timely manner;
3. Submit reports as required by this section; or
4. Submit reports timely.
I. The supplemental hospital offset payment program fee shall
terminate effective December 31, 2025.
J. The Authority shall have the power to promulgate emergency
rules to enact the provisions of this act.
Added by Laws 2011, c. 228, § 3. Amended by Laws 2013, c. 132, § 2,
eff. Nov. 1, 2013; Laws 2016, c. 345, § 2, eff. Nov. 1, 2016; Laws
2019, c. 56, § 2, eff. Nov. 1, 2019.
§63-3241.4. Supplemental Hospital Offset Payment Program Fund.
A. There is hereby created in the State Treasury a revolving
fund to be designated the "Supplemental Hospital Offset Payment
Program Fund".
B. The fund shall be a continuing fund, not subject to fiscal
year limitations, be interest bearing and consisting of:
1. All monies received by the Oklahoma Health Care Authority
from hospitals pursuant to the Supplemental Hospital Offset Payment
Program Act and otherwise specified or authorized by law;
2. Any interest or penalties levied and collected in conjunction
with the administration of this section; and
3. All interest attributable to investment of money in the fund.
C. Notwithstanding any other provisions of law, the Oklahoma
Health Care Authority is authorized to transfer Seven Million Five
Hundred Thousand Dollars ($7,500,000.00) each fiscal quarter from the
Supplemental Hospital Offset Payment Program Fund to the Authority's
Medical Payments Cash Management Improvement Act Programs Disbursing
Fund.
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D. Notice of Assessment.
1. The Authority shall send a notice of assessment to each
hospital informing the hospital of the assessment rate, the
hospital's net patient revenue calculation, and the assessment amount
owed by the hospital for the applicable year.
2. Annual notices of assessment shall be sent at least thirty
(30) days before the due date for the first quarterly assessment
payment of each year.
3. The first notice of assessment shall be sent within forty-
five (45) days after receipt by the Authority of notification from
the Centers for Medicare and Medicaid Services that the assessments
and payments required under the Supplemental Hospital Offset Payment
Program Act and, if necessary, the waiver granted under 42 C.F.R.,
Section 433.68 have been approved.
4. The hospital shall have thirty (30) days from the date of its
receipt of a notice of assessment to review and verify the assessment
rate, the hospital's net patient revenue calculation, and the
assessment amount.
5. A hospital subject to an assessment under the Supplemental
Hospital Offset Payment Program Act that has not been previously
licensed as a hospital in Oklahoma and that commences hospital
operations during a year shall pay the required assessment computed
under subsection E of Section 3241.3 of this title and shall be
eligible for hospital access payments under subsection E of this
section on the date specified in rules promulgated by the Authority
after consideration of input and recommendations of the Hospital
Advisory Committee.
E. Quarterly Notice and Collection.
1. The annual assessment imposed under subsection A of Section
3241.3 of this title shall be due and payable on a quarterly basis.
However, the first installment payment of an assessment imposed by
the Supplemental Hospital Offset Payment Program Act shall not be due
and payable until:
a. the Authority issues written notice stating that the
assessment and payment methodologies required under the
Supplemental Hospital Offset Payment Program Act have
been approved by the Centers for Medicare and Medicaid
Services and the waiver under 42 C.F.R., Section
433.68, if necessary, has been granted by the Centers
for Medicare and Medicaid Services,
b. the thirty-day verification period required by
paragraph 4 of subsection D of this section has
expired, and
c. the Authority issues a notice giving a due date for the
first payment.
2. After the initial installment of an annual assessment has
been paid under this section, each subsequent quarterly installment
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payment shall be due and payable by the fifteenth day of the first
month of the applicable quarter.
3. If a hospital fails to timely pay the full amount of a
quarterly assessment, the Authority shall add to the assessment:
a. a penalty assessment equal to five percent (5%) of the
quarterly amount not paid on or before the due date,
and
b. on the last day of each quarter after the due date
until the assessed amount and the penalty imposed under
subparagraph a of this paragraph are paid in full, an
additional five-percent penalty assessment on any
unpaid quarterly and unpaid penalty assessment amounts.
4. The quarterly assessment including applicable penalties and
interest must be paid regardless of any appeals action requested by
the facility. If a provider fails to pay the Authority the
assessment within the time frames noted on the invoice to the
provider, the assessment, applicable penalty, and interest will be
deducted from the facility's payment. Any change in payment amount
resulting from an appeals decision will be adjusted in future
payments.
F. Medicaid Hospital Access Payments.
1. To preserve the quality and improve access to hospital
services for hospital inpatient and outpatient services rendered on
or after the effective date of this act, the Authority shall make
hospital access payments as set forth in this section.
2. The Authority shall pay all quarterly hospital access
payments within ten (10) calendar days of the due date for quarterly
assessment payments established in subsection E of this section.
3. The Authority shall calculate the hospital access payment
amount up to but not to exceed the upper payment limit gap for
inpatient and outpatient services.
4. All hospitals shall be eligible for inpatient and outpatient
hospital access payments each year as set forth in this subsection
except hospitals described in paragraph 1, 2, 3 or 4 of subsection B
of Section 3241.3 of this title.
5. A portion of the hospital access payment amount, not to
exceed the upper payment limit gap for inpatient services, shall be
designated as the inpatient hospital access payment pool.
a. In addition to any other funds paid to hospitals for
inpatient hospital services to Medicaid patients, each
eligible hospital shall receive inpatient hospital
access payments each year equal to the hospital's pro
rata share of the inpatient hospital access payment
pool based upon the hospital's Medicaid payments for
inpatient services divided by the total Medicaid
payments for inpatient services of all eligible.
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b. Inpatient hospital access payments shall be made on a
quarterly basis.
6. A portion of the hospital access payment amount, not to
exceed the upper payment limit gap for outpatient services, shall be
designated as the outpatient hospital access payment pool.
a. In addition to any other funds paid to hospitals for
outpatient hospital services to Medicaid patients, each
eligible hospital shall receive outpatient hospital
access payments each year equal to the hospital's pro
rata share of the outpatient hospital access payment
pool based upon the hospital's Medicaid payments for
outpatient services divided by the total Medicaid
payments for outpatient services of all eligible.
b. Outpatient hospital access payments shall be made on a
quarterly basis.
7. A portion of the inpatient hospital access payment pool and
of the outpatient hospital access payment pool shall be designated as
the critical access hospital payment pool.
a. In addition to any other funds paid to critical access
hospitals for inpatient and outpatient hospital
services to Medicaid patients, each critical access
hospital shall receive hospital access payments equal
to the amount by which the payment for these services
was less than one hundred one percent (101%) of the
hospital's cost of providing these services, as
determined using the Medicare Cost Report.
b. The Authority shall calculate hospital access payments
for critical access hospitals and deduct these payments
from the inpatient hospital access payment pool and the
outpatient hospital access payment pool before
allocating the remaining balance in each pool as
provided in subparagraph a of paragraph 5 and
subparagraph a of paragraph 6 of this subsection.
c. Critical access hospital payments shall be made on a
quarterly basis.
8. A hospital access payment shall not be used to offset any
other payment by Medicaid for hospital inpatient or outpatient
services to Medicaid beneficiaries, including without limitation any
fee-for-service, per diem, private hospital inpatient adjustment, or
cost-settlement payment.
9. If the Centers for Medicare and Medicaid Services finds that
the Authority has made payments to hospitals that exceed the upper
payment limits determined in accordance with 42 C.F.R. 447.272 and 42
C.F.R. 447.321, hospitals shall refund to the Authority a share of
the recouped federal funds that is proportionate to the hospitals'
positive contribution to the upper payment limit.
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G. All monies accruing to the credit of the Supplemental
Hospital Offset Payment Program Fund are hereby appropriated and
shall be budgeted and expended by the Authority after consideration
of the input and recommendation of the Hospital Advisory Committee.
1. Monies in the Supplemental Hospital Offset Payment Program
Fund shall be used only for:
a. transfers to the Medical Payments Cash Management
Improvement Act Programs Disbursing Fund (Fund 340) for
the state share of supplemental payments for Medicaid
and SCHIP inpatient and outpatient services to
hospitals that participate in the assessment,
b. transfers to the Medical Payments Cash Management
Improvement Act Programs Disbursing Fund (Fund 340) for
the state share of supplemental payments for Critical
Access Hospitals,
c. transfers to the Administrative Revolving Fund (Fund
200) for the state share of payment of administrative
expenses incurred by the Authority or its agents and
employees in performing the activities authorized by
the Supplemental Hospital Offset Payment Program Act
but not more than Two Hundred Thousand Dollars
($200,000.00) each year,
d. transfers to the Medical Payments Cash Management
Improvement Act Programs Disbursing Fund (Fund 340) in
an amount not to exceed Seven Million Five Hundred
Thousand Dollars ($7,500,000.00) each fiscal quarter,
and
e. the reimbursement of monies collected by the Authority
from hospitals through error or mistake in performing
the activities authorized under the Supplemental
Hospital Offset Payment Program Act.
2. The Authority shall pay from the Supplemental Hospital Offset
Payment Program Fund quarterly installment payments to hospitals of
amounts available for supplemental inpatient and outpatient payments,
and supplemental payments for Critical Access Hospitals.
3. Except for the transfers described in subsection C of this
section, monies in the Supplemental Hospital Offset Payment Program
Fund shall not be used to replace other general revenues appropriated
and funded by the Legislature or other revenues used to support
Medicaid.
4. The Supplemental Hospital Offset Payment Program Fund and the
program specified in the Supplemental Hospital Offset Payment Program
Act are exempt from budgetary reductions or eliminations caused by
the lack of general revenue funds or other funds designated for or
appropriated to the Authority.
5. No hospital shall be guaranteed, expressly or otherwise, that
any additional costs reimbursed to the facility will equal or exceed
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the amount of the supplemental hospital offset payment program fee
paid by the hospital.
H. After considering input and recommendations from the Hospital
Advisory Committee, the Authority shall promulgate regulations that:
1. Allow for an appeal of the annual assessment of the
Supplemental Hospital Offset Payment Program payable under this act;
and
2. Allow for an appeal of an assessment of any fees or penalties
determined.
Added by Laws 2011, c. 228, § 4. Amended by Laws 2013, c. 132, § 3,
eff. Nov. 1, 2013; Laws 2016, c. 345, § 3, eff. Nov. 1, 2016.
§63-3241.5. Supplemental hospital offset payment program.
A. The supplemental hospital offset payment program fee is to
supplement, not supplant, appropriations to support hospital
reimbursement. If Medicaid payment rates to providers are adjusted,
hospital rates shall not be adjusted less favorably than the average
percentage-rate reduction or increase applicable to the majority of
other provider groups.
B. Notwithstanding any other provision of the Supplemental
Hospital Offset Payment Program Act, if, after receipt of
authorization to receive federal matching funds for monies generated
by the Supplemental Hospital Offset Payment Program Act, the
authorization is withdrawn or changed so that federal matching funds
are no longer available, the Oklahoma Health Care Authority shall
cease collecting the provider fee and shall repay to the hospitals
any money received by the Supplemental Hospital Offset Payment
Program Fund that is not subject to federal matching funds.
Added by Laws 2011, c. 228, § 5.
§63-3241.6. Implementation of Supplemental Hospital Offset Payment
Program Act.
A. The Oklahoma Health Care Authority shall submit to the
Hospital Advisory Committee a proposed state plan amendment to
implement the requirements of the Supplemental Hospital Offset
Payment Program Act, including the payment of hospital access
payments under Section 4 of this act no later than forty-five (45)
days after the effective date of this act, and shall submit the state
plan amendment to the Centers for Medicare and Medicaid Services
after consideration of the input and recommendations of the Hospital
Advisory Committee.
B. If the state plan amendment is not approved by the Centers
for Medicare and Medicaid Services, the Authority shall:
1. Not implement the assessment imposed under the Supplemental
Hospital Offset Payment Program Act; and
2. Return any fees to hospitals that paid the fees if any such
fees have been collected.
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Added by Laws 2011, c. 228, § 6.
§63-3242. Supplemental Medicaid reimbursement for ground emergency
transportation.
A. An eligible provider, as described in subsection B of this
section, in addition to the rate of payment that the provider would
otherwise receive for Medicaid ground emergency medical
transportation services, shall receive supplemental Medicaid
reimbursement to the extent provided by law.
B. A provider shall be eligible for supplemental reimbursement
only if the provider meets the following conditions during the state
fiscal year:
1. Provides ground emergency medical transportation services to
Medicaid beneficiaries;
2. Is a provider that is enrolled as a Medicaid provider for the
period being claimed; and
3. Is owned or operated by the state, a political subdivision or
local government, that employs or contracts with persons who are
licensed to provide emergency medical services in the State of
Oklahoma, and includes private entities to the extent permissible
under federal law.
C. An eligible provider's supplemental reimbursement pursuant to
this section shall be calculated and paid as follows:
1. The supplemental reimbursement to an eligible provider, as
described in subsection B of this section, shall be equal to the
amount of federal financial participation received because of the
claims submitted pursuant to paragraph 3 of subsection F of this
section;
2. In no instance shall the amount certified pursuant to
paragraph 1 of subsection E of this section, when combined with the
amount received from all other sources of reimbursement from the
Medicaid program, exceed one hundred percent (100%) of actual costs,
as determined pursuant to the Medicaid state plan, for ground
emergency medical transportation services; and
3. The supplemental Medicaid reimbursement provided by this
section shall be distributed exclusively to eligible providers under
a payment methodology based on ground emergency medical
transportation services provided to Medicaid beneficiaries by
eligible providers on a per-transport basis or other federally
permissible basis. The Oklahoma Health Care Authority shall obtain
approval from the Centers for Medicare and Medicaid Services for the
payment methodology to be utilized, and shall not make any payment
pursuant to this section prior to obtaining that approval.
D. 1. It is the Legislature's intent in enacting this section
to provide the supplemental reimbursement described in this section
without any expenditure from the state General Revenue Fund. An
eligible provider, as a condition of receiving supplemental
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reimbursement pursuant to this section, shall enter into, and
maintain, an agreement with the Authority for the purposes of
implementing this section and reimbursing the state for the costs of
administering this section.
2. The nonfederal share of the supplemental reimbursement
submitted to the federal Centers for Medicare and Medicaid Services
for purposes of claiming federal financial participation shall be
paid only with funds from the governmental entities described in
paragraph 3 of subsection B of this section and certified to the
state as provided in subsection E of this section.
E. Participation in the reimbursement program provided by this
section by an eligible provider as set forth in subsection B of this
section is voluntary. If an applicable governmental entity elects to
seek supplemental reimbursement pursuant to this section on behalf of
an eligible provider, the governmental entity shall do the following:
1. Certify, in conformity with the requirements of 42 C.F.R. §
433.51, that the claimed expenditures for the ground emergency
medical transportation services are eligible for federal financial
participation;
2. Provide evidence supporting the certification as specified by
the Oklahoma Health Care Authority;
3. Submit data as specified by the Authority to determine the
appropriate amounts to claim as expenditures qualifying for federal
financial participation; and
4. Keep, maintain, and have readily retrievable any records
specified by the Authority to fully disclose reimbursement amounts to
which the eligible provider is entitled, and any other records
required by the Centers for Medicare and Medicaid Services.
F. 1. The Authority shall promptly seek any necessary federal
approvals for the implementation of this section. The Authority may
limit the program to those costs that are allowable expenditures
under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.
If federal approval is not obtained for implementation of this
section, this section shall not be implemented.
2. The Authority shall submit claims for federal financial
participation for the expenditures for the services delineated in
subsection E of this section that are allowable expenditures under
federal law.
3. The Authority shall submit any necessary materials to the
federal government to provide assurances that claims for federal
financial participation will include only those expenditures that are
allowable under federal law.
Added by Laws 2018, c. 269, § 1, eff. Nov. 1, 2018.
§63-3250.1. Short title.
This act shall be known and may be cited as the “Oklahoma
Community Hospitals Public Trust Authorities Act”.
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Added by Laws 2003, c. 432, § 1, emerg. eff. June 7, 2003.
§63-3250.2. Definitions.
As used in the Oklahoma Community Hospitals Public Trust
Authorities Act:
1. “Community hospital public trust authority” or “public trust”
means a community hospital public trust authority establishing a
hospital district pursuant to the provisions of the Oklahoma
Community Hospitals Public Trust Authorities Act;
2. “Hospital” means a hospital as such term is defined by
Section 1-701 of Title 63 of the Oklahoma Statutes and facilities
within the definition of Section 2657 of Title 63 of the Oklahoma
Statutes;
3. “Hospital district” means a designated geographical area
established by a community hospital public trust authority; and
4. “Medically indigent person” means a person requiring
medically necessary hospital or other health care services for the
person or the dependents of the person, who has insufficient or no
public or private third-party coverage, and whose personal resources
are insufficient to provide for hospital or other health care
services.
Added by Laws 2003, c. 432, § 2, emerg. eff. June 7, 2003.
§63-3250.3. Purpose – Creation of public trust – Instrument –
Condition precedent – Filing - Amendment.
A. 1. The Oklahoma Legislature finds that the delivery of
health care services to the public including medically indigent
persons will be enhanced through the establishment of community
hospital public trust authorities and the creation of hospital
districts pursuant to the Oklahoma Community Hospitals Public Trust
Authorities Act.
2. The purpose of the Oklahoma Community Hospitals Public Trust
Authorities Act is to provide maximum utilization and efficient
administration in delivering health care services by hospital
districts to the public including medically indigent persons, and to
provide for supplemental Medicaid programs.
B. 1. A hospital or two or more hospitals located within a
county or adjacent counties or located within a county or adjacent
counties and a municipality may jointly create a public trust for the
purposes of:
a. establishing a hospital district,
b. accessing and providing funding for coordination of the
delivery of health care to the public including but not
limited to programs that contribute to serving the
medically indigent,
c. improving access to health care by the public,
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d. coordinating the development of new health services in
the hospital district,
e. considering various alternatives for integrating the
services of the health care delivery system in the
hospital district, and
f. providing for and supplementing Medicaid programs.
2. A hospital participating in the creation of a public trust
must:
a. expend at least Fifty Thousand Dollars ($50,000.00)
annually providing care for medically indigent persons,
and
b. have a system of inpatient and/or outpatient health
care, trauma care, or emergency care services that is
not limited to a specific modality of health care.
3. The boundaries of a community hospital public trust authority
should be coextensive with the boundaries of a county or a group of
member counties.
4. The county or counties or the county or counties and
municipality in which a hospital district is established must approve
and shall be the beneficiary of the public trust pursuant to the
provisions of Sections 176 and 177 of Title 60 of the Oklahoma
Statutes.
C. The instrument creating the public trust shall provide at a
minimum:
1. The reasons for organizing and constituting a hospital
district, including a statement that the community hospital public
trust authority will comply with all applicable provisions of
Sections 176 through 180.3 of Title 60 of the Oklahoma Statutes and
the Oklahoma Community Hospitals Public Trust Authorities Act;
2. A statement that the public trust shall be separate and
independent from the affairs of the beneficiary in all matters or
activities authorized by the written instrument creating the public
trust;
3. The names and corporate headquarters of each hospital located
in the proposed hospital district;
4. The general patient loads of each hospital within the
proposed hospital district and the anticipated number of medically
indigent persons for whom medical services will be provided;
5. A concise description of the geographic boundaries to be
embraced within the proposed hospital district;
6. A statement that the proposed hospital district is embracing
only those lands within the proposed boundaries specified by
paragraph 5 of this subsection which can reasonably and economically
be served in the foreseeable future;
7. Assurance that all hospitals located within the hospital
district which meet the eligibility criteria can participate in the
public trust;
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8. For the appointment, succession, powers, duties, terms and
manner of removal of trustees;
9. For the appointment of at least five trustees as follows:
a. the chief executive officers of the hospitals
participating in the community hospital public trust
authority and may include the chief executive officers
of hospitals located within the hospital district,
b. (1) one county commissioner or their designee from
each beneficiary county which the hospital
district embraces, appointed by the commissioners
of each such county, and
(2) the chief administrative officer or his or her
designee from a municipality in which the hospital
district is situated, if such municipality is the
beneficiary of the public trust, and
c. one member appointed by the Governor who has no direct
affiliation with any hospital participating in the
community hospital public trust authority; provided,
that if pursuant to the provisions of this paragraph
the Board will have less than five members, the
Governor shall appoint additional members; and
10. The time and place of the regular meetings and the manner in
which special meetings may be called. A community hospital public
trust authority shall keep a complete record of all its proceedings.
D. As a condition precedent, each community hospital public
trust authority must receive approval from the Attorney General that
the public trust is in the proper form.
E. A certified copy of the public trust agreement must be filed
with the Secretary of State and with the court clerk of each
beneficiary county and municipality.
F. Each public trust established pursuant to the Oklahoma
Community Hospitals Public Trust Authorities Act shall not be amended
without a two-thirds (2/3) vote of approval of the trustees of such
trust.
Added by Laws 2003, c. 432, § 3, emerg. eff. June 7, 2003.
§63-3250.4. Hospitals within hospital district – License,
accreditation, and certification requirements – Participation in
federal medical programs.
Hospitals located within a hospital district:
1. Shall be licensed by the State Department of Health and shall
meet the standards, requirements and essentials of the Joint
Commission of Accreditation of Health Care Organizations or the
American Osteopathic Association or meet Medicare certification by
the Center for Medicare and Medicaid Services. Provided, the State
Commissioner of Health may waive any such standards, requirements and
essentials as the Commissioner deems necessary; and
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2. May provide services and receive payments therefor pursuant
to Titles XVIII and XIX of the federal Social Security Act, and may
participate in other federal medical programs.
Added by Laws 2003, c. 432, § 4, emerg. eff. June 7, 2003.
§63-3250.5. Members and officers of community hospital public trust
authority – Residency – Bond.
A. Each member of a community hospital public trust authority
shall be a resident of the state and a registered voter.
B. The members of the community hospital public trust authority
shall serve without compensation but may be reimbursed for all
reasonable and actual and necessary travel expenses incurred in the
performance of their duties in accordance with the provisions of the
State Travel Reimbursement Act.
C. Each officer handling funds of the public trust shall furnish
a good and sufficient fidelity bond in an amount and with surety as
may be specified by the Oklahoma Central Purchasing Act. The cost of
the bond shall be paid from funds of the community hospital public
trust authority.
Added by Laws 2003, c. 432, § 5, emerg. eff. June 7, 2003.
§63-3250.6. Authority, powers, and duties of community hospital
public trust authority – Conflict of interest – Compliance with
statutes – Audits – Issuance of bonds.
A. 1. Each community hospital public trust authority shall be a
governmental entity and a body politic and corporate with powers of
government and with authority to establish and operate a hospital
district and to exercise the rights, privileges and functions
specified by the Oklahoma Community Hospitals Public Trust
Authorities Act and Sections 176 through 180.3 of Title 60 of the
Oklahoma Statutes.
2. Nothing in this subsection shall be construed as authorizing
any hospital district to levy or collect taxes or to pledge the
credit of the state or any subdivision of this state.
B. Each community hospital public trust authority shall have the
power to:
1. Adopt bylaws and promulgate rules for the regulation of its
affairs and the conduct of its business;
2. Adopt an official seal;
3. Act as a vehicle for securing funds for education, indigent
medical care, trauma, emergency and other health care services;
4. Coordinate the delivery and efficiency of health care
services within the hospital district established pursuant to the
Oklahoma Community Hospitals Public Trust Authorities Act;
5. Sue and be sued;
6. Make and enter into all contracts necessary or incidental to
the performance of its duties and the execution of its powers
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pursuant to the Oklahoma Community Hospitals Public Trust Authorities
Act;
7. Purchase or lease equipment, furniture, materials and
supplies, and incur such other expenses as may be necessary to
discharge its duties and responsibilities or to implement the
provisions of the Oklahoma Community Hospitals Public Trust
Authorities Act;
8. Accept grants and other funds from agencies of this state and
the United States of America, from other government entities, or from
any corporation or agency created or designed by the United States or
other government entity, and to enter into such agreements as the
United States or such corporation or agency may require;
9. Accept grants and gifts from private individuals and
organizations;
10. Accept and make intergovernmental transfers authorized by
state law. A hospital district may make intergovernmental transfers
to the Oklahoma Health Care Authority to the extent permitted by
state or federal law;
11. Issue bonds and other evidences of indebtedness, and to
secure the payment thereof by mortgage, pledge, or deed of trust of,
or any other encumbrance upon, any or all of its then-owned or after-
acquired real or personal property, assets, franchises, or revenues;
12. Become a member of other cooperatives, joint ventures,
partnerships, corporations or other legal entities or to own stock
therein;
13. Conduct its business and exercise its powers within or
without this state;
14. Assess fees, levies, assessments, or charges upon and
enforce the payment of such fees, levies, assessments or charges
against any hospital located within the geographical boundaries of
its hospital district and to remit such monies to the Oklahoma Health
Care Authority for purposes of meeting the state’s share for the
supplemental Medicaid programs to the extent and manner authorized by
federal law. Fees, levies, assessments or charges may be enforced by
a community hospital public trust authority through civil action
brought in the district court in the county in which the community
hospital public trust authority is located;
15. Appoint officers, agents and employees, prescribe their
duties and fix their compensation;
16. Engage in long-term planning for the operation and
management of a community hospital public trust authority;
17. Establish petty cash funds as needed and provide for
appropriate accounting procedures and controls; and
18. Do all other things necessary and proper to implement the
provisions of the Oklahoma Community Hospitals Public Trust
Authorities Act.
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C. No director or officer of a community hospital public trust
authority shall vote on any issue before the authority in which such
director or officer has a direct interest in any contract or for any
work by or for the community hospital public trust authority.
D. The trustees of each community hospital public trust
authority created pursuant to the Oklahoma Community Hospitals Public
Trust Authorities Act shall make and adopt bylaws for the due and
orderly administration and regulation of the affairs of the community
hospital public trust authority. All bylaws and amendments thereto
of a community hospital public trust authority shall be submitted in
writing to each beneficiary of the community hospital public trust
authority, the Governor of this state and to the Speaker of the
Oklahoma House of Representatives and the President Pro Tempore of
the State Senate.
E. No appropriation of state funds shall be made to any
community hospital public trust authority. Each authority may
receive the funds it may be entitled to receive pursuant to the
Medicaid program as administered by the Oklahoma Health Care
Authority.
F. Each community hospital public trust authority shall comply
with:
1. The annual budget provisions of the state requiring a
balanced budget. A copy of the budget shall be submitted annually to
the Governor and to each beneficiary of the community hospital public
trust authority;
2. The Public Competitive Bidding Act of 1974;
3. The Oklahoma Open Records Act;
4. The Oklahoma Open Meeting Act; and
5. The provisions of Sections 176 through 180.3 of Title 60 of
the Oklahoma Statutes and the Community Hospitals Public Trust
Authorities Act.
G. 1. Each community hospital public trust authority shall
provide for complete financial audits on all accounts of the
community hospital public trust authority and authorize periodic
audits by an independent external auditing agency. Such audits shall
be performed annually in a format approved by the State Auditor and
Inspector. The audits shall be made in accordance with generally
accepted auditing standards and government auditing standards.
Financial statements shall be prepared in accordance with generally
accepted accounting principles. Such audits shall be submitted to
the State Auditor and Inspector and to the beneficiary of the
community hospital public trust authority for review.
2. In addition to the audits specified by this subsection, the
State Auditor and Inspector, whenever the State Auditor and Inspector
deems it appropriate, and at least once each five (5) years, or upon
receipt of a request to do so from the beneficiary of a community
hospital public trust authority, the Governor, the Attorney General,
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the President Pro Tempore of the Senate, the Speaker of the House of
Representatives or the community hospital public trust authority
shall conduct a special audit of the authority. Such audit shall be
paid from the funds of the community hospital public trust authority.
H. 1. Except for acts of dishonesty, no trustee of a community
hospital public trust authority shall be charged personally with any
liability whatsoever by reason of any act or omission committed or
suffered in the performance of such trust or in the operation of the
trust property.
2. A community hospital public trust authority established
pursuant to the provisions of the Oklahoma Community Hospitals Public
Trust Authorities Act shall be covered by The Governmental Tort
Claims Act.
3. Officers, employees, agents, independent contractors and
employees of independent contractors of hospitals participating in
the hospital district shall not be covered by The Governmental Tort
Claims Act. The provisions of this paragraph shall not affect the
immunity provided to hospitals or to officers and employees of
hospitals covered by Section 152 of Title 51 of the Oklahoma
Statutes.
4. In no event shall the state, county or municipality be
construed to be or become liable for any act, omission or obligation
of a trustee or of the community hospital public trust authority.
I. A community hospital public trust authority may be terminated
by agreement of the trustees of this state; provided, that such
community hospital public trust authority shall not be terminated
while there exists any outstanding contractual obligations chargeable
against the trust property.
J. 1. Compliance with the provisions of Sections 176 through
180.3 of Title 60 of the Oklahoma Statutes and the Oklahoma Community
Hospitals Public Trust Authorities Act by a community hospital public
trust authority shall be and constitute a binding contract with the
county or counties and municipality beneficiaries for the acceptance
of the beneficial interest in the trust property by the designated
beneficiary and the application of the proceeds of the trust property
and its operation for the purposes, and in accordance with the
stipulations, of the public trust instrument.
2. Each community hospital public trust authority shall be the
regularly constituted authority of the beneficiary for the
performance of the functions for which the community hospital public
trust authority shall have been created.
K. 1. A community hospital public trust authority shall have
the power and duty to make and issue bonds and to pledge revenues of
the community hospital public trust authority subject to the Oklahoma
Bond Oversight and Reform Act. Nothing in the Oklahoma Community
Hospitals Public Trust Authorities Act shall authorize the issuance
of any bonds by a community hospital public trust authority payable
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other than from revenues of the community hospital public trust
authority.
2. Community hospital public trust authority revenue bonds
issued under the provisions of this subsection shall not at any time
be deemed to constitute a debt of the state or of any political
subdivision thereof or a pledge of the faith and credit of the state
or of any political subdivision, but such bonds shall be payable
solely from the funds herein provided.
3. Such revenue bonds shall contain on the face thereof a
statement to the effect that neither the state nor the community
hospital public trust authority shall be obligated to pay the same or
the interest thereon except from the revenues of the project or
projects for which they are issued and that neither the faith and
credit nor the taxing power of the state or any political subdivision
thereof is pledged, or may hereafter be pledged, to the payment of
the principal of or the interest on such bonds.
4. The interest income derived from any obligation issued by a
community hospital public trust authority shall be exempt from the
tax imposed pursuant to Section 2355 of Title 68 of the Oklahoma
Statutes.
Added by Laws 2003, c. 432, § 6, emerg. eff. June 7, 2003.
§63-3250.7. Reports.
Each community hospital public trust authority shall submit an
annual report to each beneficiary of the authority, the Governor, the
President Pro Tempore of the State Senate and the Speaker of the
Oklahoma House of Representatives. Such report shall be submitted in
accordance with the requirements for financial statement audits in
Section 212A of Title 74 of the Oklahoma Statutes, and shall include
an account of the operations and actions of the authority and an
accounting of all revenue received and disbursed by the authority for
the previous fiscal year.
Added by Laws 2003, c. 432, § 7, emerg. eff. June 7, 2003.
§63-3250.8. Medicaid Payment Reimbursement Fund.
A. 1. There is hereby created in the State Treasury a revolving
fund to be designated the “Medicaid Payment Reimbursement Fund”.
2. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of:
a. all monies received by the Oklahoma Health Care
Authority pursuant to the Oklahoma Community Hospitals
Public Trust Authorities Act and otherwise specified or
authorized by law including, but not limited to, monies
received by the Authority from assessments levied on
hospitals included in a hospital district, and
b. interest attributable to investment of money in the
fund.
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3. All monies accruing to the credit of the fund are hereby
appropriated and shall be expended by the Authority for services to
Medicaid beneficiaries residing within or receiving services within
the boundaries of the community hospitals public trust.
B. Any monies received from any assessment levied on hospitals
within a hospital district for purposes of providing the state
matching funds for supplemental Medicaid programs pursuant to the
provisions of the Oklahoma Community Hospitals Public Trust
Authorities Act shall be submitted to the Oklahoma Health Care
Authority for deposit into the Medicaid Payment Reimbursement Fund.
C. The Oklahoma Health Care Authority shall transfer to the
Medicaid Payment Reimbursement Fund any payment received by the
Oklahoma Health Care Authority pursuant to the Oklahoma Community
Hospitals Public Trust Authorities Act and rules promulgated by the
Oklahoma Health Care Authority pursuant to federal law and the
provisions of the Oklahoma Community Hospitals Public Trust
Authorities Act.
D. 1. The Oklahoma Health Care Authority shall make Medicaid
reimbursement payments to hospitals to the extent permitted by
federal law and rules promulgated by the Oklahoma Health Care
Authority pursuant to federal law.
2. Each community hospital public trust authority established
shall be limited to receipt of supplemental Medicaid program funds
for its designated area.
Added by Laws 2003, c. 432, § 8, emerg. eff. June 7, 2003. Amended
by Laws 2004, c. 460, § 1, emerg. eff. June 4, 2004.
§63-3250.9. Waivers authorizing Medicaid supplements.
The Oklahoma Health Care Authority Board shall submit an
application for any waiver necessary to authorize Medicaid
supplements to hospital districts to the extent permitted by federal
law and pursuant to the Oklahoma Community Hospitals Public Trust
Authorities Act.
Added by Laws 2003, c. 432, § 9, emerg. eff. June 7, 2003.
§63-3271. Short title.
This act shall be known and may be cited as the "Oklahoma State
University Medical Authority Act".
Added by Laws 2006, c. 287, § 1, emerg. eff. June 7, 2006.
§63-3272. Definitions.
As used in the Oklahoma State University Medical Authority Act:
1. “Graduate Medical Education” or “GME” means educational
programs meeting the guidelines of the American Osteopathic
Association offered as an extension of the Oklahoma State University
Center for Health Sciences, College of Osteopathic Medicine in
cooperation with a hospital or other healthcare provider;
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2. “Hospital” means a hospital as such term is defined by
Section 1-701 of Title 63 of the Oklahoma Statutes and facilities
within the definition of “ambulatory surgical center” as defined in
Section 2657 of Title 63 of the Oklahoma Statutes;
3. “Patient” means an individual receiving care from an Oklahoma
State University Center for Health Sciences intern, resident or full
or part-time physician trainer;
4. “Declaration of necessity” means an official action of the
Oklahoma State University Medical Authority to fulfill the terms of
an Academic Affiliation or other agreement or to provide facilities,
financing or any other general support to enhance the stability,
quality or otherwise furtherance of the graduate medical education
programs of the Oklahoma State University Center for Health Sciences;
and
5. “Academic Affiliation Agreement” means an agreement between
the Oklahoma State University Center for Health Sciences and an
entity providing facilities, equipment and support for the graduate
medical education programs of the Oklahoma State University Center
for Health Sciences.
Added by Laws 2006, c. 287, § 2, emerg. eff. June 7, 2006.
§63-3273. Purposes - Legislative findings.
A. The purposes of the Oklahoma State University Medical
Authority Act are to provide for an effective and efficient
administration, to ensure a dependable source of funding, and to
effectuate the mission and purposes of the Oklahoma State University
Medical Authority. The mission and purposes of the Oklahoma State
University Medical Authority are to support and upon a declaration of
necessity, to serve as teaching and training facilities for students
enrolled at the Oklahoma State University Center for Health Sciences,
upon a declaration of necessity, to acquire and provide a site for
conducting medical and biomedical research by faculty members of the
Oklahoma State University Center for Health Sciences and to
facilitate and upon a declaration of necessity, to provide care for
the patients of Oklahoma State University Center for Health Sciences
physician trainers. The Oklahoma State University Medical Authority
shall maintain a close affiliation with the Oklahoma State University
Center for Health Sciences and shall coordinate their operations and
activities in a cooperative manner.
B. The Legislature finds that the needs of the citizens of this
state and the needs of the Oklahoma State University Center for
Health Sciences will be best served by an Authority charged with the
mission of supporting the Graduate Medical Education programs of the
Oklahoma State University Center for Health Sciences, entering into
Academic Affiliation Agreements in support of Oklahoma State
University physician and healthcare training programs, operating or
leasing the operations of the teaching hospital or hospitals for the
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benefit of the Oklahoma State University Center for Health Sciences
and providing care for the patients of Oklahoma State University
physician trainers.
C. The Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges shall retain full power to govern the personnel,
curriculum and facilities of the Oklahoma State University Center for
Health Sciences.
Added by Laws 2006, c. 287, § 3, emerg. eff. June 7, 2006.
§63-3274. Hospitals - Operation, licensing, accreditation, and
certification - Teaching and training.
A. Any hospital or hospitals purchased, leased or constructed by
the Oklahoma State University Medical Authority shall be operated as
general hospitals and shall be licensed by the State Commissioner of
Health, and shall, as far as possible, meet the standards,
requirements and essentials of the Joint Commission on Accreditation
of Health Care Organizations and the American Osteopathic Association
or, alternatively, meet Medicare certification by the Center for
Medicare and Medicaid Services. Provided, the State Commissioner of
Health may waive any such standards, requirements and essentials as
the Commissioner deems necessary.
B. Any such hospitals may provide services and receive payments
under Titles XVIII and XIX of the federal Social Security Act, and
may participate in other federal medical programs.
C. Any such hospitals shall be available as teaching and
training hospitals for the colleges of the Oklahoma State University
Center for Health Sciences, for other health and educational
facilities and shall provide indigent patient care.
Added by Laws 2006, c. 287, § 4, emerg. eff. June 7, 2006.
§63-3275. Oklahoma State University Medical Authority - Members -
Qualifications, appointment, and removal - Applicable statutes.
A. There is hereby created the Oklahoma State University Medical
Authority, an agency of the State of Oklahoma, a body corporate and
politic, with powers of government and with the authority to exercise
the rights, privileges and functions as specified in the Oklahoma
State University Medical Authority Act. The Oklahoma State
University Medical Authority is covered by the Governmental Tort
Claims Act.
B. The Authority shall consist of seven (7) members as follows:
1. One member shall be appointed by the Governor, with the
advice and consent of the Senate;
2. One member shall be appointed by the President Pro Tempore of
the Senate;
3. One member shall be appointed by the Speaker of the House of
Representatives;
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4. One member shall be the Chief Executive Officer of the
Oklahoma Health Care Authority, or a designee;
5. One member shall be the President of the Oklahoma State
University Center for Health Sciences;
6. One member to be appointed by the President of Oklahoma State
University who shall be the Chief Executive Officer of any entity,
other than the Oklahoma State University Medical Trust, with whom the
Oklahoma State University College of Osteopathic Medicine has entered
into an Academic Affiliation Agreement to serve as the primary site
of practice and teaching hospital for medical residency programs, or
a designee; and
7. One member shall be the Chief Executive Officer of the
Oklahoma State University Medical Authority who shall be an ex
officio, nonvoting member.
C. All appointed members shall be appointed by June 1, 2006. Of
the members of the Authority initially appointed, the member
appointed by the President Pro Tempore of the Senate shall serve a
term of three (3) years; the member appointed by the Speaker of the
House of Representatives shall serve a term of two (2) years; and the
member appointed by the Governor shall serve a term of one (1) year.
Successors shall be appointed for terms of three (3) years.
D. Each member of the Authority, prior to appointment, shall be
a resident of the state and a qualified elector.
E. Members shall be removable only for cause by the appointing
authority. Any vacancy occurring on the Authority shall be filled by
the original appointing authority.
F. The members of the Authority shall serve without compensation
but may be reimbursed for all actual and necessary travel expenses
incurred in performance of their duties in accordance with the
provisions of the State Travel Reimbursement Act.
G. All members of the Authority and administrative personnel of
the Authority shall be subject to the provisions of the Oklahoma
Ethics Commission Rules, Chapter 62 Appendix of Title 74 of the
Oklahoma Statutes.
H. A quorum of the Authority shall be four (4) voting members.
The Authority shall elect a chair and vice chair from among its
members. The chair must be an appointed member of the Authority.
I. The Authority shall be exempt from the Oklahoma Central
Purchasing Act but shall be subject to the purchasing policies of
Oklahoma State University Center for Health Sciences and shall be
subject to the Oklahoma Open Meeting Act and the Oklahoma Open
Records Act, except as otherwise provided by this act. Any
information submitted to or compiled by the Authority except for
budgetary information related to appropriations or the appropriations
process with respect to the marketing plans, financial statements,
trade secrets, research concepts, methods or products, or any other
proprietary information of the Authority, persons, firms,
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associations, partnerships, agencies, corporations, institutions of
higher education, nonprofit research institutions or other entities
shall be confidential, except to the extent that the person or entity
which provided the information or which is the subject of the
information consents to disclosure. Executive sessions may be held
to discuss such materials if deemed necessary by the Authority.
Added by Laws 2006, c. 287, § 5, emerg. eff. June 7, 2006.
§63-3276. Oklahoma State University Medical Authority - Powers and
duties - Applicable statutes.
A. On and after July 1, 2006, the Authority shall have the power
and duty to:
1. Adopt bylaws and promulgate rules for the regulation of its
affairs and the conduct of its business;
2. Adopt an official seal;
3. Maintain an office at a location to be determined by the
Authority;
4. Sue and be sued, subject to the provisions of The
Governmental Tort Claims Act;
5. Enter into cooperative agreements with the Board of Regents
for the Oklahoma Agricultural and Mechanical Colleges for educational
programs, professional staffing, research and other medical
activities;
6. Make and enter into all contracts necessary or incidental to
the performance of its duties and the execution of its powers
pursuant to the Oklahoma State University Medical Authority Act;
7. Purchase or lease equipment, furniture, materials and
supplies, and incur such other expenses as may be necessary to
maintain and operate hospitals or clinics, or to discharge its duties
and responsibilities or to make any of its powers effective;
8. Acquire by purchase, lease, gift, or by any other manner, and
to maintain, use and operate or to contract for the maintenance, use
and operation of or lease of any and all property of any kind, real,
personal, or mixed or any interest therein unless otherwise provided
by the Oklahoma State University Medical Authority Act;
9. Appoint such officers, agents and employees, including but
not limited to attorneys, as it deems necessary and to prescribe
their duties and to fix their compensation;
10. Accept grants from the United States of America, or from any
corporation or agency created or designed by the United States of
America, and, in connection with any grant, to enter into such
agreements as the United States of America or such corporation or
agency may require;
11. Make and issue bonds and to pledge revenues of the Authority
subject to the Oklahoma Bond Oversight and Reform Act. Nothing in the
Oklahoma State University Medical Authority Act shall authorize the
issuance of any bonds of the Authority payable other than from
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revenues of the Authority. Funds appropriated to the Authority shall
not be used for issuance of bonds. Authority revenue bonds issued
under the provisions of this act shall not at any time be deemed to
constitute a debt of the state or of any political subdivision
thereof or a pledge of the faith and credit of the state or of any
political subdivision, but such bonds shall be payable solely from
the funds herein provided. Such revenue bonds shall contain on the
face thereof a statement to the effect that neither the state nor the
Authority shall be obligated to pay the same or the interest thereon
except from the revenues of the project or projects for which they
are issued and that neither the faith and credit nor the taxing power
of the state or any political subdivision thereof is pledged, or may
hereafter be pledged, to the payment of the principal of or the
interest on such bonds. The maximum amount of outstanding bonds at
any time shall not exceed Fifty Million Dollars ($50,000,000.00)
unless a greater amount is expressly approved by the Legislature by a
concurrent resolution adopted prior to commencing any action in
anticipation of issuance of revenue bonds of the Oklahoma State
University Medical Authority for the greater amount;
12. Provide for complete financial audits on all accounts of the
Oklahoma State University Medical Authority and to authorize periodic
audits by an independent external auditing agency. Such audits shall
be performed annually in a format approved by the State Auditor and
Inspector, and all such audits shall be submitted to the State
Auditor and Inspector for review. Such audits shall be made in
accordance with generally accepted auditing standards and government
auditing standards. Financial statements shall be prepared in
accordance with generally accepted accounting principles. In
addition to said audits, whenever the State Auditor and Inspector
deems it appropriate, and at least once each five (5) years, or upon
receipt of a request to do so from the Governor, the Attorney
General, the President Pro Tempore of the Senate, the Speaker of the
House of Representatives or the Authority, the State Auditor and
Inspector shall conduct a special audit of the Authority;
13. Engage in long-term planning for the operation and
management of the Authority;
14. Establish petty cash funds and provide for appropriate
accounting procedures and controls;
15. Contract with national manufacturers and distributors of
drugs and medical supplies when appropriate to carry out the purposes
of this act;
16. Do all other things necessary and proper to implement the
provisions of the Oklahoma State University Medical Authority Act;
17. Waive, by such means as the Authority deems appropriate, the
exemption from federal income taxation of interest on the Authority's
bonds provided by the Internal Revenue Code of 1986, as amended, or
any other federal statute providing a similar exemption;
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18. Arrange for guaranties or insurance of its bonds by the
federal government or by any private insurer, and to pay any premiums
therefor; and
19. Make a declaration of necessity as provided in Section 3273
of this title. The Authority may, in its exclusive judgment, make a
declaration of necessity when such a declaration is deemed necessary
to effectuate the purposes of the Oklahoma State University Medical
Authority Act.
B. The Oklahoma State University Medical Authority shall be
subject to the Oklahoma Budget Law of 1947.
C. The Authority shall prepare monthly a "budget vs. actual"
report which shows by budget activity the monthly and year-to-date
revenues and expenditures compared to budgeted revenues and
expenditures. Such report shall be submitted to the Office of
Management and Enterprise Services and to the Directors of the House
of Representatives Fiscal Division and the Senate Fiscal Division.
D. The Authority shall be subject to the professional risk
management program provided for in Section 85.58A of Title 74 of the
Oklahoma Statutes.
Added by Laws 2006, c. 287, § 6, emerg. eff. June 7, 2006. Amended
by Laws 2012, c. 304, § 520.
§63-3277. Medicaid eligibility criteria - Determination.
The Oklahoma Health Care Authority shall continue to determine
eligibility criteria and standards for Medicaid recipients.
Added by Laws 2006, c. 287, § 7, emerg. eff. June 7, 2006.
§63-3278. Agreements and obligations - Public purpose - Conditions.
All agreements and obligations undertaken, as permitted under
this section, by the Oklahoma State University Medical Authority
shall be for a public purpose. In addition to any other limitations,
conditions or restrictions provided by law, the following conditions
shall apply to contractual agreements entered into pursuant to this
section:
1. Private and public funds shall be accounted for separately;
and
2. The state shall not assume any liability for private
entities.
Added by Laws 2006, c. 287, § 8, emerg. eff. June 7, 2006.
§63-3279. Oklahoma State University Medical Authority Agency Special
Account - Official Depository Account - Bond coverage.
A. The funds deposited in the Oklahoma State University Medical
Authority Agency Special Account created in subsection B of this
section shall be invested by the State Treasurer in the manner
provided for by law. The return on such investments shall be
credited to the accounts of the Authority.
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B. There is hereby created in the State Treasury an Official
Depository Account for the Oklahoma State University Medical
Authority, to be designated the Oklahoma State University Medical
Authority Agency Special Account. The Official Depository Account
shall consist of an agency clearing account and an agency special
account. All revenues, except federal entitlements and state
appropriations, generated by the Oklahoma State University Medical
Authority shall be deposited in these accounts.
C. The Authority shall be subject to blanket bond coverage as
provided in Sections 85.26 through 85.31 of Title 74 of the Oklahoma
Statutes, provided the Authority shall be authorized to purchase
increased amounts of fidelity bond coverage for employees for whom it
is deemed necessary by the Authority. When the amount listed in
Section 85.29 of Title 74 of the Oklahoma Statutes is deemed
inadequate, the cost of increased coverage shall be borne by the
Authority.
Added by Laws 2006, c. 287, § 9, emerg. eff. June 7, 2006.
§63-3280. Issuance of bonds - Procedure - Characteristics -
Approvals.
A. Subject to the provisions of paragraph 11 of subsection A of
Section 6 of this act, the Oklahoma State University Medical
Authority may provide by resolution, from time to time, for the
issuance of revenue bonds for its lawful purposes, in such amount or
amounts as are necessary, incidental or convenient to the exercise of
powers, rights, privileges and functions conferred upon it by the
Oklahoma State University Medical Authority Act or other law. The
principal of and interest on any indebtedness shall be payable solely
from the revenues of the Authority and such other funds as may be
provided by law for such payment. The Authority may provide for
credit enhancement as additional security or liquidity for its bonds
and enter into such agreements as may be necessary or appropriate to
provide for the repayment of any funds advanced by the provider of
any such credit enhancement including the payment of any fees and
expenses incurred in connection therewith. The bonds of each issue
shall bear interest at fixed or variable rates and shall bear an
average interest rate not to exceed eleven percent (11%) per annum,
shall mature at such time or times not exceeding thirty (30) years
from their date or dates of issue, as may be determined by the
Authority, and may be made redeemable before maturity at the option
of the Authority, at such time or times and at such price or prices
and pursuant to such terms and conditions as may be fixed by the
Authority prior to the issuance of the bonds. The Authority shall
determine the form of the bonds and the manner of execution thereof,
and shall fix the denominations of the bonds and the place or places
of payment of principal and interest, which may be at any bank and
trust company within or without this state. If any officer whose
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signature or facsimile of whose signature appears on any bonds shall
cease to be said officer before the delivery of the bonds, the
signature or the facsimile shall nevertheless be valid and sufficient
for all purposes, the same as if the person had remained in office
until such delivery. All bonds issued pursuant to the provisions of
the Oklahoma State University Medical Authority Act shall have all
the qualities and incidences of negotiable instruments subject to the
laws of this state. The Authority may sell the bonds in such amounts
and in such manner, either at public or private sale, and for such
price, as it may determine to be in the best interests of the state.
If the bonds are not sold by competitive bid, the sale must be
approved by the State Bond Advisor.
B. All fees and expenses of bond sales must be approved by the
State Bond Advisor and the Bond Oversight Commission. Prior to the
preparation of definitive bonds, the Authority, subject to like
restrictions, may issue interim receipts or temporary bonds, with or
without coupons, exchangeable for definitive bonds which have been
executed and are available for delivery. The Authority may also
provide for the replacement of any bonds which have become mutilated
or which have been destroyed or lost. Except as otherwise provided
by Section 14 of this act, bonds may be issued pursuant to the
provisions of the Oklahoma State University Medical Authority Act
without obtaining the consent of any department, division,
commission, board, bureau, or agency of this state, and without any
other proceedings or the occurrence of any other conditions or things
than those proceedings, conditions, or things that are specifically
required by the Oklahoma State University Medical Authority.
C. The Authority may, by resolution, provide for the issuance of
refunding bonds then outstanding, including the payment of any
redemption premium, any interest accrued to the date of redemption of
such bonds, and for incurring additional indebtedness for its lawful
purposes. The issuance of such bonds shall be governed by the
provisions of the Oklahoma State University Medical Authority Act.
Added by Laws 2006, c. 287, § 10, emerg. eff. June 7, 2006.
§63-3281. Issuance of bonds - Approval of Attorney General.
Before any bond shall be issued and delivered by the Oklahoma
State University Medical Authority, a certified copy of the
proceedings for the issuance thereof, together with any other
information which the Attorney General of the State of Oklahoma may
require as the Bond Commissioner of the State of Oklahoma, shall be
submitted to the Attorney General. If the Attorney General shall
find that such bonds have been issued in accordance with law, he
shall approve such bonds and execute a certificate to that effect.
The Attorney General shall file such certificates in the office of
the State Auditor and Inspector, and the certificates shall be
recorded in a record kept for that purpose. All bonds approved by
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the Attorney General, and issued in accordance with the approved
proceedings, shall be valid and binding obligations of the Authority
and shall be incontestable for any course from and after the date of
such approval.
Added by Laws 2006, c. 287, § 11, emerg. eff. June 7, 2006.
§63-3282. Issuance of bonds - Approval of Supreme Court.
The Oklahoma State University Medical Authority or the Oklahoma
State University Medical Trust may file an application with the
Supreme Court of the State of Oklahoma for approval of any bonds to
be issued under the provisions of the Oklahoma State University
Medical Authority Act, and exclusive original jurisdiction is hereby
conferred upon the Supreme Court to hear and determine such
application. The Supreme Court shall give such applications
precedence over the other business of the Court and consider and
determine the validity of the bonds and consider the application and
any protest which may be filed thereto. Notice of the hearing on
each application shall be given by notice published in a newspaper of
general circulation in this state that on a day named the Authority
or the Trust will ask the Court to hear the application and approve
the bonds. Such notice shall inform all interested parties that they
may file a protest against the issuance of the bonds, may be present
at the hearing, and may contest the legality thereof. Such notice
shall be published one time, not less than ten (10) days prior to the
date named for the hearing and the hearing may be adjourned from time
to time in the discretion of the Court. If the Court is satisfied
that the bonds have been properly authorized in accordance with the
Oklahoma State University Medical Authority Act, and that when issued
such bonds will constitute valid obligations in accordance with their
terms, the Court shall render its written opinion approving the bonds
and shall fix the time within which the petition for rehearing may be
filed. The decision of the Court shall be a judicial determination
of the validity of the bonds, shall be conclusive as to the Authority
of the Trust, its officers and agents, and thereafter the bonds so
approved and the revenues pledged to their payment shall be
incontestable in any court in the State of Oklahoma.
Added by Laws 2006, c. 287, § 12, emerg. eff. June 7, 2006.
§63-3283. Revenue bonds not debt of state or political subdivision -
Statement on bonds - Tax exempt.
Revenue bonds of the Oklahoma State University Medical Authority
issued pursuant to the provisions of the Oklahoma State University
Medical Authority shall not constitute a debt of the state or of any
political subdivision thereof, or a pledge of the full faith and
credit of the state, or of any political subdivision thereof, but
such bonds shall be payable solely from the funds provided therefor.
The forms of the bonds so issued shall contain on the face thereof a
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statement to the effect that neither the state nor the Authority
shall be obligated to pay the same or the interest thereon except
from the revenues of the Authority pledged to the payment of such
bonds and that neither the faith and credit nor the taxing power of
the state or any political subdivision thereof is pledged, or may
hereafter be pledged, to the payment of the principal of or interest
on such bonds. The bonds so issued shall be exempt from taxation by
the State of Oklahoma and any political subdivision thereof,
including the income therefrom, and any gain from the sale thereof.
Added by Laws 2006, c. 287, § 13, emerg. eff. June 7, 2006.
§63-3284. Bonds - Investment securities - Collateral security.
Bonds issued pursuant to provisions of the Oklahoma State
University Medical Authority Act are hereby made securities in which
all public officers and public boards, agencies and instrumentalities
of the state and its political subdivisions, all banks, trust
companies, trust and loan associations, investment companies, and
others carrying on a banking business, and all insurance companies
and insurance associations, and others carrying on an insurance
business, may legally and properly invest. Such bonds are also
approved as collateral security for the deposit of any public funds
and for the investment of trust funds.
Added by Laws 2006, c. 287, § 14, emerg. eff. June 7, 2006.
§63-3285. Annual report to Governor and Legislature.
The Oklahoma State University Medical Authority shall submit an
annual report to the Governor, the President Pro Tempore of the
Senate and the Speaker of the House of Representatives. Such report
shall be submitted in accordance with the requirements for financial
statement audits in Section 212A of Title 74 of the Oklahoma
Statutes, and shall include an account of the operations and actions
of the Authority and an accounting of all revenue received and
disbursed by the Authority for the previous fiscal year. The report
shall include an accounting of expenses related to each of the
following:
1. Education and training of students of the Oklahoma State
University, resident physicians and others;
2. Care and treatment of patients for whom the Authority
receives any form of state or federal reimbursement; and
3. Research.
Added by Laws 2006, c. 287, § 15, emerg. eff. June 7, 2006.
§63-3286. Oklahoma State University Medical Authority Disbursing
Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State University Medical Authority, to be designated
the "Oklahoma State University Medical Authority Disbursing Fund".
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The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of appropriated revenues and federal
entitlements. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Oklahoma
State University Medical Authority for the purpose of operating the
Oklahoma State University Medical Center and supporting the residency
program of the Oklahoma State University Center for Health Sciences.
Added by Laws 2006, c. 287, § 16, emerg. eff. June 7, 2006. Amended
by Laws 2009, c. 1, § 2, emerg. eff. March 9, 2009.
§63-3287. Oklahoma State University Medical Authority Marketing
Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma State University Medical Authority, to be
designated the "Oklahoma State University Medical Authority Marketing
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 University Medical Authority pursuant to the
provisions of this section. All monies accruing to the credit of
said fund are hereby appropriated and may be budgeted and expended by
the Oklahoma State University Medical Authority for the purpose of
marketing research and planning, public education, special events
customary to the health care industry, advertising and promotion of
special and general services provided or sponsored by the Oklahoma
State University Medical Authority and such other purposes
specifically authorized by the Legislature. 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. An amount equal to one-tenth of one percent (1/10 of 1%) of
the total annual operating budget of the Oklahoma State University
Medical Authority and such other funds as may be specifically
designated for deposit to the fund shall be deposited in the Oklahoma
State University Medical Authority Marketing Revolving Fund.
C. The Oklahoma State University Medical Authority Marketing
Revolving Fund shall be audited annually by the State Auditor and
Inspector. The Oklahoma State University Medical Authority shall
reimburse the State Auditor and Inspector from the Oklahoma State
University Authority Marketing Revolving Fund for any expenses
incurred in auditing said fund.
Added by Laws 2006, c. 287, § 17, emerg. eff. June 7, 2006. Amended
by Laws 2012, c. 304, § 521.
§63-3288. Regulation of traffic and parking on Oklahoma State
University Medical Authority property - Appointment of campus police
officers and guards.
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A. The Oklahoma State University Medical Authority may regulate
traffic and the parking of vehicles on property used by or for the
Oklahoma State University Medical Authority. Such regulations shall
be in writing, and copies thereof, including amendments thereto,
shall be filed in the office of the Secretary of State, and in the
office of the city clerk of the City of Tulsa. The municipal court
of the City of Tulsa shall have jurisdiction to hear and determine
prosecutions for violations of such regulations, which may be
prosecuted and shall be punishable as violations of ordinances of the
City of Tulsa. The Authority may cause to be removed, and may enter
into contracts for such purpose, any vehicle parked in violation of
such regulations.
B. The Authority may appoint campus police officers and guards
for buildings and grounds of the Oklahoma State University Medical
Authority in the same manner and with the same powers as campus
police appointed by governing boards of state institutions for higher
education under the provisions of Section 360.15 et seq. of Title 74
of the Oklahoma Statutes, and who may prevent or stop improper
conduct and trespass in and upon such buildings and grounds, and make
arrests and prosecute any and all persons arrested for such improper
conduct and trespassing. Employees of the Authority serving as
police officers shall be certified as provided for in Section 3311 of
Title 70 of the Oklahoma Statutes.
C. The Authority and the City of Tulsa may enter into a
cooperative agreement to effectuate the provisions of this section.
Added by Laws 2006, c. 287, § 18, emerg. eff. June 7, 2006.
§63-3289. Resident physicians of Oklahoma State University Center
for Health Sciences - Payroll, benefits and employment status -
Termination of privileges.
The Oklahoma State University Medical Authority is authorized to
place resident physicians of the Oklahoma State University Center for
Health Sciences on the Oklahoma State University Medical Authority
payroll, and is further authorized to acquire health, life, and
dental insurance for such residents. Such residents shall not be
considered employees of the Authority and shall not be eligible to
participate in the Oklahoma Public Employees Retirement System. This
section shall not preclude the right of the Oklahoma State University
Medical Authority to terminate, for cause, the practicing privileges
of any resident physician within the Oklahoma State University
Medical Authority.
Added by Laws 2006, c. 287, § 19, emerg. eff. June 7, 2006.
§63-3290. Oklahoma State University Medical Trust
A. The State of Oklahoma expressly approves the creation of a
public trust to be named the "Oklahoma State University Medical
Trust", of which the State of Oklahoma shall be the beneficiary,
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provided such approval shall be contingent upon satisfaction of the
following conditions:
1. Finalizing of the declaration of trust;
2. Adoption of the declaration of trust by an official action of
the trustees of the Trust;
3. Submission of the Trust for acceptance of the beneficial
interest and approval as required by Section 177 of Title 60 of the
Oklahoma Statutes; and
4. The approved declaration of trust shall:
a. clearly state that the principal purpose of the
Oklahoma State University Medical Trust is to
effectuate the purposes of the Oklahoma State
University Medical Authority as established in the
Oklahoma State University Medical Authority Act,
b. except as otherwise provided by law, provide that the
title to real property held by the Oklahoma State
University Medical Authority shall not be transferred,
conveyed, or assigned to the Oklahoma State University
Medical Trust without the express consent of the
Legislature as the governing entity of the beneficiary
pursuant to Section 176 of Title 60 of the Oklahoma
Statutes,
c. provide that any indebtedness incurred by the Oklahoma
State University Medical Trust or the trustees of the
Trust shall not be secured with or create a lien upon
real property to which title is held by the Oklahoma
State University Medical Authority and shall not
involve the bonding capacity of the Oklahoma State
University Medical Authority,
d. provide that the trust estate of the Oklahoma State
University Medical Trust shall not include fee simple
title to real property owned by the Oklahoma State
University Medical Authority,
e. clearly state that the creation of the Oklahoma State
University Medical Trust shall not in any way reduce,
limit or interfere with the power granted to the
Oklahoma State University Medical Authority in the
Oklahoma State University Medical Authority Act,
f. provide that any lease or contractual agreement
involving use of the real property to which title is
held by the Oklahoma State University Medical Authority
and any improvements thereto shall contain a provision
and covenants requiring the proper maintenance and
upkeep of the real property and improvements,
g. provide that the trustees of the Oklahoma State
University Medical Trust shall be the acting members of
the Oklahoma State University Medical Authority as
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provided in the Oklahoma State University Medical
Authority Act, and
h. provide that the trustees of the Oklahoma State
University Medical Trust shall have the duty to submit
an annual report to the Governor, the President Pro
Tempore of the Senate and the Speaker of the House of
Representatives. The report shall be submitted by
January 1 of each year and shall include an account of
all operations, actions of the Trust, account of all
revenue received and disbursed by the Trust for the
previous fiscal year. The report shall also provide a
complete accounting of how the Trust meets its primary
function of effectuating the purposes of the Oklahoma
State University Medical Authority, as established in
the Oklahoma State University Medical Authority Act.
B. The Oklahoma State University Medical Trust shall require any
agreements which it enters into with any entity pursuant to Section
22 of this act for the operations of facilities leased by the
Oklahoma State University Medical Authority to the Trust to include,
but not be limited to:
1. The inclusion of all the members of the Trust, except the
Chief Executive Officer of the Oklahoma Health Care Authority, as
five of the six members representing the State of Oklahoma in a
governing committee, and the sixth member of the governing committee
representing the State of Oklahoma to be designated by the President
of Oklahoma State University;
2. Binding arbitration shall not be required by such agreements
for resolving issues under consideration by the governing committee;
and
3. Major decisions shall be resolved by the governing committee,
and approval of any major decision by the governing committee must
include the approval of a majority of the state appointees and the
approval of a majority of the private entity appointees to the
governing committee. Major decisions shall include:
a. approval of the operating and capital budgets,
b. sale or disposition of assets over Two Hundred Fifty
Thousand Dollars ($250,000.00),
c. the termination or transfer or material addition or
material diminution of medical services at the Oklahoma
State University Medical Center related to and part of
a teaching program of the Oklahoma State University
Center for Health Sciences, and
d. other major decisions as may be agreed upon by the
Trust and the private entity.
C. To the extent it is determined by legislative enactment that
the Trust has expended funds in contravention of its mission as set
forth in this section, the Trust shall remit, upon thirty (30) days'
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written notice from the Oklahoma State University Medical Authority,
such sum or sums to the Oklahoma State University Medical Authority.
D. In the event the Trust enters into a joint venture or
acquires an interest in a not-for-profit entity to effectuate the
administration of the mission of the Trust, that entity shall not be
subject to the Oklahoma Open Meeting Act and the Oklahoma Open
Records Act. Any information submitted to or compiled by the Trust
with respect to marketing plans, financial statements, trade secrets,
research concepts, methods or products or any other proprietary
information submitted to or compiled by the Trust, persons, firms,
associations, partnerships, agencies, corporations, institutions of
higher education, nonprofit research institutions or other entities
shall be confidential, except to the extent that the person or entity
which provided such information or which is the subject of such
information consents to disclosure. Executive sessions may be held
to discuss such materials if deemed necessary by the Trust. The
provisions of this subsection shall not apply to budgetary
information related to appropriations or the appropriations process.
Added by Laws 2006, c. 287, § 20, emerg. eff. June 7, 2006. Amended
by Laws 2016, c. 387, § 2, emerg. eff. June 6, 2016.
§63-3291. Submission of certain agreements to Contingency Review
Board - Declaratory judgment of validity by Supreme Court of
Oklahoma.
A. Contingent upon the creation of the Oklahoma State University
Medical Trust as provided in Section 20 of this act, the Trust, prior
to acceptance, shall submit to the Contingency Review Board for
review the proposed agreement regarding the lease and operations of
any hospital or hospitals owned by the Oklahoma State University
Medical Authority to any entity authorized to transact business in
the state and an independent statement as to the fairness of said
proposed agreement for the State of Oklahoma. The Contingency Review
Board shall upon receipt of the proposed agreement meet within
fifteen (15) business days to review the proposed agreement; and
unless the Contingency Review Board disapproves the proposed
agreement, the agreement may be executed but no lease of the hospital
or hospitals shall become effective until after Supreme Court
approval pursuant to subsection B of this section.
B. 1. If a proposed agreement is not disapproved by the
Contingency Review Board pursuant to subsection A of this section,
the Oklahoma State University Medical Authority and Oklahoma State
University Medical Trust, within thirty (30) calendar days after the
time for Contingency Review Board action has expired, may file a
petition with the Supreme Court of Oklahoma for a declaratory
judgment determining the validity of the proposed agreement. The
review of the Court shall be based upon the exercise of any of the
powers, rights, privileges, and functions conferred upon the
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authority or the Oklahoma State University Medical Trust, as
applicable, under the Oklahoma State University Medical Authority Act
and Oklahoma laws. Exclusive original jurisdiction is conferred upon
the Supreme Court to hear and determine such petitions. The Supreme
Court shall give such petitions precedence over other business of the
Court except habeas corpus proceedings.
2. Notice of the hearing of such a petition shall be given by a
notice published in a newspaper of general circulation in this state
that on a day specified the Supreme Court will hear the petition to
approve the proposed agreement and enter a declaratory judgment. The
notice shall be published one time not less than ten (10) days prior
the date specified for the hearing. The notice shall inform property
owners, taxpayers, citizens and all persons having or claiming any
right, title, or interest in the proposed agreement or properties or
funds to be affected by the implementation of the proposed agreement,
or affected in any way thereby, that they may file protests against
the approval of the proposed agreement, and be present at the hearing
to contest the legality of the proposed agreement. The hearing may
be adjourned from time to time at the discretion of the Court.
3. If the Court is satisfied that the proposed agreement is in
accordance with the Oklahoma State University Medical Authority Act
and Oklahoma laws, the Court shall enter a declaratory judgment
approving and declaring the proposed agreement to be valid and
conclusive as to the Authority, the Trust, and all other parties to
the proposed agreement; and, upon petition of the Authority, shall
issue an order permanently enjoining all persons described in the
notice required by this subsection from thereafter instituting any
action or proceeding contesting the validity of the proposed
agreement. A declaratory judgment rendered pursuant to this
subsection shall have force and effect of a final judgment or decree
and shall be incontestable in any court in this state.
4. As used in the Oklahoma State University Medical Authority
Act, "proposed agreement" means one or more contracts regarding the
lease and operations of any hospital or hospitals owned by the
Oklahoma State University Medical Authority and all other agreements
contemplated by or referred to in the contract regarding such lease
and operations.
Added by Laws 2006, c. 287, § 21, emerg. eff. June 7, 2006.
§63-3292. Leases from Oklahoma State University Medical Authority to
Oklahoma State University Medical Trust - Transfers of title - Other
agreements.
A. Contingent upon the creation of the Oklahoma State University
Medical Trust as provided in Section 20 of this act, the Oklahoma
State University Medical Authority is hereby authorized to lease, for
a term of not more than fifty (50) years, renewable at the option of
the Authority, all real property owned by the Authority and any other
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sites under the control of the Authority to the Oklahoma State
University Medical Trust. Any lease agreement made pursuant to this
section shall be contingent upon:
1. Prior review by the Attorney General of any contractual
agreement between the Oklahoma State University Medical Trust and any
entity authorized to transact business in the State of Oklahoma
regarding the lease and operations. The Attorney General shall
disapprove the agreement if it is determined that provisions of the
agreement are not consistent with state law; and
2. The execution of an operating and lease agreement between the
Oklahoma State University Medical Trust and any entity authorized to
transact business in the State of Oklahoma.
B. Concurrent with the execution of a lease of real property
from the Oklahoma State University Medical Authority to the Oklahoma
State University Medical Trust as provided in subsection A of this
section, the Authority is authorized to transfer title to and
possession of all tangible and intangible personal property under its
control to the Trust. In any contractual agreement regarding the
lease and operations of a hospital or hospitals between the Oklahoma
State University Medical Trust and any entity authorized to transact
business in the State of Oklahoma, the Trust is authorized to sell or
otherwise convey to such entity all tangible and intangible personal
property the Trust may receive from the Oklahoma State University
Medical Authority. Any contract or other agreement which purports to
exercise the powers authorized by this subsection is subject to
review by the Contingency Review Board, as specified in Section 21 of
this act.
C. If a contracting entity fails to take possession of the
leased premises, or abandons or surrenders possession of the leased
premises other than to a state agency, at any time during the term of
the lease between the Oklahoma State University Medical Trust and the
contracting entity, the interest in the real property leased to the
Oklahoma State University Medical Trust by the Oklahoma State
University Medical Authority shall revert to and be the sole and
exclusive property of the Oklahoma State University Medical
Authority.
D. Contingent upon the execution of an agreement between the
Oklahoma State University Medical Trust and any entity authorized to
transact business in the State of Oklahoma, as specified in
subsection A of this section, the Oklahoma State University Medical
Authority is authorized to enter into an agreement for such entity to
provide patient care services and perform other related duties
imposed upon the Oklahoma State University Medical Authority by law.
Such an agreement between the Oklahoma State University Medical
Authority and such entity is exempt from the requirements of the
Oklahoma Central Purchasing Act and any rules adopted by the Oklahoma
State University Medical Authority pursuant to the Administrative
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Procedures Act. The governing committee created by the agreement and
the Oklahoma State University Medical Trust shall be subject to the
Open Meeting Act and the Open Records Act to the same extent and with
the same exceptions as provided to for the Oklahoma State University
Medical Authority in Section 5 of this act and shall be exempt from
the Oklahoma Central Purchasing Act.
Added by Laws 2006, c. 287, § 22, emerg. eff. June 7, 2006.
§63-3293. Oklahoma State University Medical Trust Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State University Medical Trust to be designated the
"Oklahoma State University Medical Trust Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of appropriated revenues. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Oklahoma State University Medical Trust.
Added by Laws 2006, c. 287, § 23, emerg. eff. June 7, 2006.
§63-3301. Joint Legislative Commission to Study and Evaluate the
Operations of the Oklahoma State University Center for Health
Sciences and the Indigent Health Care System in the Tulsa
Metropolitan Service Area - Membership - Duties and responsibilities.
A. There is hereby created until February 6, 2006, a Joint
Legislative Commission to Study and Evaluate the Operations of the
Oklahoma State University Center for Health Sciences and the Indigent
Health Care System in the Tulsa Metropolitan Service Area. The
Commission shall be composed of nine (9) members as follows:
1. Three members from the House of Representatives, to be
appointed by the Speaker of the House of Representatives;
2. Three members from the Senate, to be appointed by the
President Pro Tempore of the Senate; and
3. Three members from the Office of the Governor, to be
appointed by the Governor.
B. The co-chairpersons of the Commission shall be appointed by
the Speaker of the House of Representatives and the President Pro
Tempore of the Senate. Five members shall constitute a quorum. A
quorum shall be present to conduct official business of the
Commission. Vacancies on the Commission shall be filled by the
authority where such vacancies exist. The Commission shall commence
work not later than July 15, 2005.
C. Supportive services shall be provided by the staff of the
Oklahoma House of Representatives and the State Senate. The
Commission shall also have the authority to hire such consultants or
auditors as deemed necessary to accomplish the duties and
responsibilities of the Commission. The expense of hiring any
consultants or auditors shall be paid by the Oklahoma State
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University Center for Health Sciences and/or private or foundation
funds.
D. The duties and responsibilities of the Commission shall
include, but not be limited to:
1. Study, evaluate and investigate the management and operations
of the Oklahoma State University Center for Health Sciences,
including any relationships currently existing or proposed with
hospitals in the Tulsa Metropolitan Service Area;
2. Evaluate the mission and ability of the Oklahoma State
University Center for Health Sciences in providing medical teaching
and residency programs to prepare doctors for placement in rural
Oklahoma communities;
3. Investigate potential options for providing a stable teaching
hospital environment for the continuation of residency programs for
the Oklahoma State University Center for Health Sciences;
4. Audit and study all financial arrangements or proposed
financial agreements related to maintaining the highest quality
medical teaching and residency program possible for the Oklahoma
State University Center for Health Sciences; and
5. Study, make recommendations, and submit a written report to
the Legislature and the Governor by December 15, 2005, regarding the
Oklahoma State University Center for Health Sciences and the future
of the delivery and efficiency of teaching, residency, and medical
services across rural Oklahoma and the delivery of care to the
indigent, underserved, and nonindigent populations of the Tulsa
Metropolitan Service Area. The report shall include, at a minimum,
recommendations for appropriate written agreements for the lease and
management of facilities, provision of indigent care, and recommended
minimum levels of state appropriations required for the achievement
of a long-term solution for graduate medical education at the
Oklahoma State University Center for Health Sciences.
E. In performing its duties and responsibilities, the Commission
may hold public hearings in various geographical locations of the
state and may invite individuals and organizations to make
presentations to the Commission. The Commission is further granted
the authority to administer oaths, subpoena witnesses and records,
and to hear evidence.
F. Travel reimbursement shall be the responsibility of the
appointing authority and shall be subject to the State Travel
Reimbursement Act. Legislative members to the Commission shall be
reimbursed pursuant to the provisions of Section 456 of Title 74 of
the Oklahoma Statutes.
G. The Commission shall not be subject to the provisions of the
Oklahoma Open Records Act with respect to any proprietary
information, financial information related to a private for-profit
business entity or a nonprofit organization, or other information
that would place a business entity or nonprofit organization at a
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competitive disadvantage or that the entity would not disclose to a
third party without the requirement of judicial process. The
Commission may require that documents and records that it requests or
that it compels be produced for its review subject to a protective
order that prohibits disclosure of the information provided to any
person other than a member of the Commission or its designated agents
or representatives.
Added by Laws 2005, c. 410, § 4, eff. July 1, 2005.
§63-4001. Short title.
Sections 4002 through 4043 of this title shall be known and may
be cited as the "Oklahoma Vessel and Motor Registration Act".
Added by Laws 1989, c. 346, § 1, eff. Jan 1, 1990. Amended by Laws
1990, c. 304, § 1, emerg. eff. May 30, 1990.
§63-4002. Definitions.
As used in the Oklahoma Vessel and Motor Registration Act:
1. "Boat livery" means a business establishment engaged in
renting or hiring out vessels for profit;
2. "Canoe" means a light narrow vessel with both ends typically
tapered to a sharp point which is propelled solely by its occupants,
using a single-bladed paddle as a lever without the aid of a fulcrum
provided by oarlocks, thole pins, crutches or similar arrangements;
3. "Certificate of documentation" means a document issued by the
United States Coast Guard which is legal proof of ownership of a
vessel;
4. "Certificate of registration" means a document which is legal
proof of registration of a vessel or motor;
5. "Certificate of title" means a document which is proof of
legal ownership of a vessel and/or motor;
6. "Commission" means:
a. the Oklahoma Tax Commission, or
b. the equivalent vessel registration and licensing agency
of a federally recognized Indian tribe in this state;
7. "Dealer" means any person engaged in the business of selling,
trading, renting with option to purchase, or attempting to negotiate
or negotiating sales or exchanges of interests in new or used vessels
or motors, or new and used vessels or motors, or any combination
thereof;
8. "Dealer agreement" means the agreement, authorization or
written contract between a manufacturer and distributor and a new
vessel dealer which purports to establish the legal rights and
obligations of the parties to the agreement, authorization or written
contract with regard to the purchase and sale of new vessels or new
motors;
9. "Designated successor" means one or more persons nominated by
the new vessel dealer, in a written document filed by the dealer with
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the manufacturer or distributor at the time the dealer agreement is
executed, to succeed the dealer in the event of the dealer's death or
incapacity. If a designated successor is not able to succeed the new
vessel dealer because of the designated successor's death or legal
incapacity, the dealer shall execute a new document nominating a
designated successor within sixty (60) calendar days after the date
of the death or incapacity;
10. "Distributor" means a person, resident or nonresident, who
in whole or in part offers for sale, sells, or distributes a new
vessel or new motor to a new vessel dealer or who maintains a factory
representative, resident or nonresident, or who controls a person,
resident or nonresident, who in whole or in part offers for sale,
sells, or distributes a new vessel or new motor to a new vessel
dealer;
11. "Distributor branch" means a branch office similarly
maintained by a distributor or wholesaler for the same purposes a
factory branch is maintained;
12. "Distributor representative" means any person, firm,
association, corporation or trust and each officer and employee
thereof engaged as a representative of a distributor or distributor
branch of vessels or motors, for the purpose of making or promoting
the sale of his or her, its or their vessels or motors, or for
supervising or contacting his, its or their dealers or prospective
dealers;
13. "Documented vessel" means any vessel in this state which
shall have and carry on board the original certificate of
documentation in legible form as issued by the United States Coast
Guard or federal agency successor thereto. All documented vessels
shall be required to display a current State of Oklahoma annual
registration decal;
14. "Factory branch" means a branch office maintained by a
person, firm, association, corporation or trust who manufactures or
assembles vessels or motors for the sale of vessels or motors to
distributors, or for the sale of vessels or motors to dealers, or for
directing or supervising, in whole or in part, its representatives;
15. "Factory representative" means any person, firm,
association, corporation or trust and each officer and employee
thereof engaged as a representative of a manufacturer of vessels or
motors or by a factory branch, for the purpose of making or promoting
the sale of his, her, its or their vessels or motors, or for
supervising or contacting his, its or their dealers or prospective
dealers;
16. "Hull identification number" means the serial number affixed
to the outside of the hull of a vessel on the upper starboard side
(right) corner of the transom (back wall) which is assigned by the
manufacturer or the Commission;
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17. "Inboard motor" means an internal combustion engine mounted
inside a vessel which provides the transfer of power to move a vessel
through the water;
18. "Inboard/outboard motor" means an internal combustion engine
mounted inside a vessel and an external stern drive attached through
the transom of the vessel providing the transfer of power to move the
vessel through the water;
19. "John boat" means a narrow, flat bottomed square-ended
vessel propelled by a pole, paddle or a motor of less than ten (10)
horsepower;
20. "Kayak" means a light narrow vessel with both ends typically
tapered to a sharp point and propelled by double-bladed paddles as a
lever without the aid of a fulcrum provided by oarlocks, thole pins,
crutches or similar arrangements by one or more individuals seated
inside or on top of the vessel and facing the direction of travel;
21. "Kiteboard" means a vessel, similar in appearance to a
surfboard, with or without foot straps or bindings, combined with a
large controllable kite to propel the rider and board across the
water;
22. "Lifeboat" means a vessel carried on another vessel in
excess of sixty-five (65) feet for use if such other vessel has to be
abandoned;
23. "Manufacturer" means a person who manufactures or assembles
new vessels or new motors, or a distributor, factory branch, or
factory representative;
24. "Motor" means any internal combustion engine mounted at the
stern of a vessel or placed inside a vessel which provides the
transfer of power to move the vessel through the water;
25. "New vessel dealer" means a person who holds a dealer
agreement granted by a manufacturer or distributor for the sale of
the manufacturer's or distributor's vessels or motors, who is engaged
in the business of purchasing, selling, exchanging, or dealing in new
vessels or new motors, and who has an established place of business;
26. "Operate" means to navigate or be in actual physical control
of a vessel or otherwise use a vessel or motor;
27. "Outboard motor" means an internal combustion engine capable
of being externally mounted at the stern of a vessel which provides
the transfer of power to move a vessel through the water;
28. "Owner" means a person, other than a lienholder, having a
property interest in or title to a vessel or motor. The term
includes a person entitled to the use or possession of a vessel or
motor subject to an interest in another person, reserved or created
by agreement and securing payment or performance of an obligation,
but the term excludes a lessee under a lease not intended as
security;
29. "Paddleboard" means a vessel, similar in appearance to a
surfboard, intended to be propelled only by its occupants using a
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single- or double-bladed paddle as a lever without the aid of a
fulcrum provided by oarlocks, thole pins, crutches or similar
arrangements;
30. "Paddleboat" means a vessel less than eight (8) feet in
length designed to be propelled solely by human power through a belt,
chain or gears;
31. "Permanent number" means the distinctive and unique number
which:
a. the Commission permanently assigns to a vessel,
irrespective of any change of ownership of said vessel.
The permanent number shall begin with the letters "OK",
followed by four numerals, and then followed by two
letters, or
b. any federally recognized Indian tribe in this state
assigns to a vessel;
provided, the number is configured as prescribed in 33 C.F.R., Parts
173 and 174;
32. "Person" means a natural person, partnership, corporation,
association, trust, estate or other legal entity;
33. "Proposed new vessel dealer" means a person who has an
application pending for a new dealer agreement with a manufacturer or
distributor. Proposed new vessel dealer does not include a person
whose dealer agreement is being renewed or continued;
34. "Purchase date" means the purchase date on a bill of sale or
the date of complete assignment of title by the current owner;
35. "Sailboard" means a vessel, similar in appearance to a
surfboard, equipped with a swivel-mounted mast and sail not secured
to a hull by guys or stays;
36. "State" means the State of Oklahoma;
37. "State of principal use" means the state where the vessel or
motor is used, is to be used, or remains for any period in excess of
sixty (60) calendar days;
38. "Vessel" means every device, other than a seaplane on the
water, used or capable of being used as a means of transportation on
water;
39. "Waters of this state" means and includes all waters within
the territorial limits of this state; provided, such phrase shall not
mean or include waters which are entirely owned by a private person
or persons, and to which the public is not permitted access; and
40. "Water-thrust device" means a device tethered to the water
jet mechanism of a vessel in a manner so that the water jet of the
powering vessel provides propulsion for the attached device. Such
devices shall be considered a component of the powering vessel.
Added by Laws 1989, c. 346, § 2, eff. Jan. 1, 1990. Amended by Laws
1990, c. 304, § 2, emerg. eff. May 30, 1990; Laws 1992, c. 284, § 1,
eff. Jan. 1, 1993; Laws 2003, c. 393, § 1, emerg. eff. June 4, 2003;
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Laws 2012, c. 323, § 1, eff. July 1, 2013; Laws 2019, c. 13, § 1,
eff. Nov. 1, 2019.
§63-4003. Title and annual registration required - Vessels affected
- Outboard motors affected - Sellers, traders and lessors required to
be licensed.
A. 1. Except as otherwise provided in Sections 4005 and 4024 of
this title, every vessel in this state, irrespective of whether used
on waters of this state, is required to be titled within thirty (30)
calendar days from the purchase date or from the date the owner
becomes a resident of this state and annually registered under the
provisions of the Oklahoma Vessel and Motor Registration Act, Section
4002 et seq. of this title. The owner of any such vessel shall file
an application as required by the Oklahoma Vessel and Motor
Registration Act with the Oklahoma Tax Commission for a certificate
of title, a number, and for the annual registration for such vessel
on forms prescribed and furnished by the Commission.
2. The provisions of this subsection shall not apply to new
vessels in the inventory or stock of licensed dealers for resale
which new vessels shall be subject to ad valorem taxation.
3. Said provisions shall apply to and cover all used vessels in
the possession and inventory of a dealer except as provided for in
Section 4036 of this title.
B. 1. Except as otherwise provided in Sections 4005 and 4024 of
this title, every outboard motor in excess of ten (10) horsepower in
this state, irrespective of whether used on waters of this state, is
required to be titled within thirty (30) calendar days from the
purchase date, or from the expiration of registration, or from the
date the owner becomes a resident of this state and registered under
the provisions of the Oklahoma Vessel and Motor Registration Act.
The owner of any such motor shall file an application as required
by the Oklahoma Vessel and Motor Registration Act for a certificate
of title and for an annual registration for such vessel on forms
prescribed and furnished by the Commission.
2. The provisions of this subsection shall not apply to new
motors in the inventory or stock of licensed dealers for resale which
such new motors shall be subject to ad valorem taxation.
3. Said provisions shall apply to and cover all used motors in
the possession and inventory of a dealer except as provided for in
Section 4036 of this title.
C. Any person engaged in the business of selling, trading,
renting with option to purchase, or attempting to or negotiating
sales or exchanges of interests in new or used vessels or motors, or
new and used vessels or motors, or any combination thereof shall be
licensed pursuant to Section 4033 of this title.
Laws 1989, c. 346, § 3, eff. Jan. 1, 1990; Laws 1992, c. 284, § 2,
eff. Jan. 1, 1993.
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§63-4004. Administration of act - Promulgation of rules and
preparation of forms and records - Jurisdiction to enforce act and
rules - Determination of factory-delivered price - Manual of
procedure - Rules to comply with certain other laws.
A. It shall be the duty of the Oklahoma Tax Commission, and the
Commission is hereby granted authority and jurisdiction to administer
the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq.
of this title, with the aid of its motor license agents and all duly
authorized peace officers of this state.
B. The Commission is hereby authorized to promulgate all
necessary rules and prepare forms and records to enact and enforce
the provisions of the Oklahoma Vessel and Motor Registration Act.
C. All duly authorized peace officers of this state are hereby
granted authority and jurisdiction to enforce the provisions of and
any rules pertaining to the Oklahoma Vessel and Motor Registration
Act within their jurisdiction.
D. The Commission shall have the authority in cases of dispute
to determine the factory-delivered price of any vessel or motor.
E. The Commission shall periodically cause to be prepared and
shall distribute to each authorized motor license agent a manual of
procedure containing instructions, directions and guidelines to be
followed by all motor license agents in the performance of their
duties regarding vessels and motors.
F. All rules promulgated pursuant to the provisions of this act
shall comply with Article 1 of the Administrative Procedures Act,
Section 250 et seq. of Title 75 of the Oklahoma Statutes. In
addition to other filing requirements of law, such rules shall be
filed with the Commissioner of Public Safety.
Laws 1989, c. 346, § 4, eff. Jan. 1, 1990; Laws 1992, c. 284, § 3,
eff. Jan. 1, 1993.
§63-4005. Exemptions.
A. A vessel or motor shall not be required to be titled and
registered pursuant to the provisions of the Oklahoma Vessel and
Motor Registration Act if:
1. Such vessel or motor is owned by the United States, a state
other than the State of Oklahoma, any agency thereof, or any
subdivision of the state; provided, however, if such vessel is used
for recreational or rental purposes on the waters of this state, said
vessel shall be registered and numbered in accordance with Section
4002 et seq. of this title;
2. Such vessel or motor is owned by a visiting nonresident and
is currently registered in another state. Provided that if any such
vessel or motor remains in Oklahoma in excess of sixty (60) calendar
days, such vessel or motor shall be registered pursuant to the
provisions of the Oklahoma Vessel and Motor Registration Act and the
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registration fees due thereon from the date of entry into Oklahoma
must be paid;
3. Such vessel or motor is from a country other than the United
States provided such vessel or motor does not remain in Oklahoma in
excess of sixty (60) calendar days;
4. Such vessel is used exclusively and solely as a lifeboat;
5. Such vessel is used exclusively and solely for racing
purposes;
6. Such vessel is a commercial flotation device which is issued
a license by the Grand River Dam Authority pursuant to the provisions
of the Scenic Rivers Act; provided, a commercial flotation device
shall be required to be titled pursuant to the provisions of Section
4008 of this title;
7. Such vessel is a documented vessel provided such documented
vessel shall be required to be registered pursuant to the provisions
of Section 4016 of this title; or
8. Such vessel is a canoe, kayak or paddleboat as defined in
Section 4002 of this title, except that such vessels, when powered by
any means other than human power, shall be titled and registered
pursuant to the provisions of the Oklahoma Vessel and Motor
Registration Act.
B. Motors classified as inboard motors shall not be required to
be titled or registered pursuant to the provisions of the Oklahoma
Vessel and Motor Registration Act.
C. All vessels and motors which are owned by the State of
Oklahoma, its agencies or departments, or political subdivisions
thereof, or which, under the law, would be exempt from direct ad
valorem taxation, shall be titled and registered pursuant to the
provisions of the Oklahoma Vessel and Motor Registration Act.
Provided, all vessels and motors titled and registered to the
Department of Public Safety shall be exempt from all registration
fees.
D. All other vessels shall be titled and registered pursuant to
the provisions of the Oklahoma Vessel and Motor Registration Act.
E. At the request of the owner, any vessel exempt from the title
and registration provisions of this section shall be titled and
registered pursuant to the provisions of the Oklahoma Vessel and
Motor Registration Act for the purposes of proof of ownership or
vessel identification. All title and registration fees shall be paid
by the owner of the vessel.
Added by Laws 1989, c. 346, § 5, eff. Jan. 1, 1990. Amended by Laws
1990, c. 304, § 3, emerg. eff. May 30, 1990; Laws 1992, c. 284, § 4,
eff. Jan. 1, 1993; Laws 1993, c. 321, § 1, emerg. eff. June 7, 1993;
Laws 1994, c. 152, § 1, eff. July 1, 1994; Laws 2005, c. 190, § 16,
eff. Sept. 1, 2005; Laws 2019, c. 13, § 2, eff. Nov. 1, 2019.
§63-4006. Utilization of motor license agents.
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The Commission is hereby authorized and directed to utilize its
motor license agents appointed under the Oklahoma Vehicle License and
Registration Laws in the administration of the Oklahoma Vessel and
Motor Registration Act.
Added by Laws 1989, c. 346, § 6, eff. Jan. 1, 1990.
§63-4007. Confidentiality of title and registration information -
Penalties - Copies of certificate of title or registration.
A. Except as otherwise provided by this section, all information
contained in the certificate of title or the registration of any
vessel or motor shall be confidential and privileged, subject only to
disclosure to the following:
1. Any duly authorized peace officer of this state in the
regular course of the peace officer’s duties;
2. Any official person or body of any other state or of the
United States, when required in their governmental functions;
3. Any person or firm, when the Oklahoma Tax Commission is
satisfied the request for information is reasonable and is related
primarily to boating safety;
4. Any filer of a mechanics, storage or abandoned vessel
possessory lien under the applicable provisions of Sections 91
through 200 of Title 42, Section 908 of Title 47 or Section 4217.4 of
Title 63 of the Oklahoma Statutes, when such information is required
to fulfill the notification requirements contained therein;
5. Any vessel or motor manufacturer or an authorized
representative thereof in connection with matters of vessel or motor
safety and theft, vessel motor emissions, vessel or motor product
alterations, recalls or advisories, performance monitoring of vessel
or motor parts and dealers, vessel or motor market research
activities, including survey research, and removal of non-owner
records from the original owner records of vessel or motor
manufacturers. The confidentiality of the information shall be
protected, as set out above, and used only for the purpose stated;
provided, further, that the Tax Commission shall be authorized to
review the use of and the measures employed to safeguard the
information; and provided, further, that the manufacturer or
representative shall bear the cost incurred by the Tax Commission in
the production of the information requested. If the confidentiality
provisions, pursuant to this section, are violated, the provisions of
subsection D of Section 205 of Title 68 of the Oklahoma Statutes
shall apply and the privilege of obtaining information shall be
terminated. Any manufacturer or representative violating the
provisions of this section, upon conviction, shall be punishable by a
fine not to exceed Fifty Thousand Dollars ($50,000.00); and
6. Any person compiling and publishing vessel or motor
statistics, provided that such statistics do not disclose the names
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or addresses of individuals. Such information shall be provided upon
payment of a fee as determined by the Tax Commission.
B. The Tax Commission or a motor license agent may furnish the
holder of a security interest in a specific vessel or motor upon
payment of the fee specified by Section 4014 of this title, a copy or
certified copy of the certificate of title or registration
information for such vessel.
Laws 1989, c. 346, § 7, eff. Jan. 1, 1990; Laws 1992, c. 284, § 5,
eff. Jan. 1, 1993; Laws 2004, c. 534, § 12, eff. Nov. 1, 2004; Laws
2005, c. 479, § 3, eff. July 1, 2005.
§63-4008. Application for certificate of title - Transmittal -
Issuance - Confirmation.
Except as otherwise provided in Section 4005 of this title, the
owner of every vessel or motor in this state shall possess a
certificate of title as proof of ownership of such vessel or motor.
Application for a certificate of title, whether an original or
duplicate, may be made to the Oklahoma Tax Commission or any motor
license agent. When application is made with a motor license agent,
the application information shall be transmitted either
electronically or by mail to the Commission by the motor license
agent. If the application information is transmitted electronically,
the motor license agent shall forward the required application along
with evidence of ownership, where required, by mail. Where the
transmission of application information cannot be performed
electronically, the Commission is authorized to provide postage-paid
envelopes to motor license agents for the purpose of mailing the
application along with evidence of ownership, where required. The
Commission shall upon receipt of proper application information issue
an Oklahoma certificate of title. Such certificates may be mailed to
the applicant. Upon issuance of a certificate of title, the
Commission shall provide the appropriate motor license agent with
confirmation of such issuance.
Laws 1989, c. 346, § 8, eff. Jan. 1, 1990; Laws 1992, c. 284, § 6,
eff. Jan. 1, 1993.
§63-4009. Application for certificate of title or registration -
Contents - Manufacturer's certificate of origin - Identification
number - Homemade vessels - Lien entry form for certain vessels -
Delivery of certificate.
A. The application for a certificate of title and registration
for a vessel or an outboard motor shall be upon a form furnished by
the Oklahoma Tax Commission and shall contain:
1. A full description of the vessel or outboard motor;
2. The manufacturer's serial and model number or other
identification number;
3. The length of the vessel;
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4. The date on which first sold by the manufacturer or dealer to
the owner;
5. Any distinguishing marks;
6. A statement of the applicant's source of title;
7. Whether the vessel is a documented vessel and the number
assigned to such vessel;
8. Any security interest upon said vessel or outboard motor, or
vessel and motor; and
9. Such other information as the Commission may require.
Every original or duplicate certificate of title and registration
for a vessel or an outboard motor shall contain all items listed in
this subsection.
B. To obtain an original certificate of title for a vessel or
outboard motor that is being registered for the first time in this
state or for a vessel or outboard motor that has not been previously
registered in any other state, the applicant shall be required to
deliver, as evidence of ownership, a manufacturer's certificate of
origin or at the discretion of the Commission a copy of the
manufacturer's certificate of origin properly assigned by the
manufacturer, distributor, or dealer licensed in this or any other
state shown thereon to be the last transferee to the applicant upon a
form to be prescribed and approved by the Commission. A
manufacturer's certificate of origin shall contain:
1. The manufacturer's serial or other identification number;
2. Date on which first sold by the manufacturer to the dealer;
3. Any distinguishing marks including model and the year same
was made;
4. A statement of any security interests upon said vessel or
outboard motor, or vessel and motor; and
5. Such other information as the Commission may require.
C. In the absence of a dealer's or manufacturer's number, the
Commission may assign such identifying number to the vessel or
outboard motor, which shall be permanently stamped, burned or pressed
into or attached onto such vessel or outboard motor.
D. Every dealer selling new or used vessels or outboard motors
and every individual not licensed as a dealer who sells a new or used
vessel or outboard motor shall verify the hull identification number
or serial number is the same as the number on the current
registration of the vessel or outboard motor. The seller of the
vessel or outboard motor shall sign a notarized affidavit, under
penalty of perjury, affirming the numbers are the same.
E. 1. Before a homemade vessel is issued a hull identification
number from the Commission, the vessel and the motor shall be
inspected by a commissioned officer of the Oklahoma Highway Patrol
Division of the Department of Public Safety or by any other employee
of the Department or any other law enforcement officer of the state
as the Commissioner of Public Safety may designate, pursuant to the
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rules promulgated by the Commissioner of Public Safety. For the
purposes of this act, "homemade vessel" means any vessel not allotted
a hull identification number (HIN) by a manufacturer, and
specifically excludes any vessel upon which the hull identification
number has been covered, altered, defaced, destroyed, or removed.
2. The Department of Public Safety is hereby granted authority
and jurisdiction, pursuant to Article 1 of the Administrative
Procedures Act, Section 250 et seq. of Title 75 of the Oklahoma
Statutes, to promulgate, administer and enforce all necessary rules
deemed necessary to implement the provisions of this section.
3. The Department of Public Safety shall prescribe all forms
deemed necessary to implement the provisions of this section.
F. It shall be unlawful to:
1. Improperly display or fail to display a vessel's hull
identification number;
2. Operate or possess a vessel on which the hull identification
number has been removed; or
3. Operate or possess a motor on which the serial number has
been removed.
G. When registering in this state a vessel which was titled in
another state and which title contains the name of a secured party on
the face of the other state certificate of title, the Oklahoma Tax
Commission or the motor license agent shall complete a lien entry
form as prescribed by said Commission. A statement of the lien or
encumbrance shall be included on the Oklahoma certificate of title
and the lien or encumbrance shall be deemed continuously perfected as
though it had been perfected pursuant to Section 4013 of this title.
For completing the lien entry form and recording the security
interest on the certificate of title, the Commission or the motor
license agent shall collect a fee of Three Dollars ($3.00) which
shall be in addition to other fees provided by the Oklahoma Vessel
and Motor Registration Act.
H. Upon payment of all fees and taxes, a certificate of title, a
certificate of registration and, for a vessel, two registration
decals or, for an outboard motor, one registration decal shall be
delivered to the applicant. Provided, yearly decals shall be issued
for vessels and motors titled and registered to the Department of
Public Safety.
Added by Laws 1989, c. 346, § 9, eff. Jan. 1, 1990. Amended by Laws
1992, c. 284, § 7, eff. Jan. 1, 1993; Laws 1997, c. 146, § 8, eff.
Nov. 1, 1997; Laws 1999, c. 332, § 1, eff. Nov. 1, 1999; Laws 2005,
c. 190, § 17, eff. Sept. 1, 2005.
§63-4009.1. Serial numbers for outboard motors – Rules - Penalties.
A. 1. The Department of Public Safety shall promulgate rules
specifying the location and manner in which serial numbers for
outboard motors shall be affixed. In promulgating such rules, the
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Department shall consider the existence of voluntary industry
standards, the current state of technology and the overall process of
reducing vessel and motor thefts in this state.
2. Any outboard motor manufactured on or after October 1, 1985,
which is for sale in this state shall comply with the rules
promulgated pursuant to this section.
3. Any person, firm or corporation which sells or offers to sell
any outboard motor or outboard motor part manufactured on or after
October 1, 1985, which does not comply with this subsection shall be,
upon conviction, guilty of a misdemeanor, punishable by a fine of up
to Five Hundred Dollars ($500.00), imprisonment in the county jail
for a period of up to one (1) year, or both such fine and
imprisonment.
B. 1. It is unlawful for any person to knowingly possess any
outboard motor or outboard motor part upon which the serial number
required by subsection A of this section has been removed, erased,
defaced or otherwise altered to prevent identification.
2. It is unlawful for any person to knowingly possess,
manufacture, sell or exchange, offer to sell or exchange, aid in sale
or exchange, supply in blank, authorize or direct, give away, or to
conspire to or attempt to commit any of the previously mentioned
acts, any counterfeit manufacturer’s outboard motor or outboard motor
part serial number plate or decal, used for the purpose of
identification of any outboard motor or outboard motor part, or to
conspire or attempt to commit any of these acts.
3. Any person violating any provision of this subsection shall
be, upon conviction, guilty of a felony.
C. If any serial number required by this section to identify
ownership of an outboard motor or outboard motor part does not exist
or has been removed, erased, defaced or otherwise altered to prevent
identification, and the true identity cannot be determined, the
outboard motor or outboard motor part may be seized by any peace
officer in this state and shall be subject to forfeiture pursuant to
the procedures established for the law enforcement agency by which
the seizing officer is employed. Such outboard motor or outboard
motor part may not be sold or used to propel a vessel on the waters
of this state unless and until the Department of Public Safety is
directed by the Oklahoma Tax Commission to issue to the outboard
motor or outboard motor part a replacement identifying number which
shall be affixed to the motor or part and shall thereafter be used
for identification purposes of the motor or part.
Added by Laws 1999, c. 332, § 6, eff. Nov. 1, 1999.
§63-4010. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4011. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
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§63-4012. Sale or transfer of ownership - Assignment of certificate
- Presentment of assigned certificate - Delivery of certificate -
Filing and indexing - Passage of ownership by operation of law -
Homemade vessels - Bills of sale - Duplicate certificates.
A. In the event of the sale or transfer of the ownership of a
vessel or motor for which a certificate of title has been issued, the
holder of such certificate shall endorse on the back of same a
complete assignment thereof with warranty of title in form printed
thereon with a statement of all liens or encumbrances on said vessel
or motor sworn to before a notary public or some other person
authorized by law to take acknowledgments, and deliver same to the
purchaser or transferee at the time of delivery to him of such vessel
or motor. The purchaser or transferee, unless such person is a bona
fide dealer licensed by the State of Oklahoma, shall, within thirty
(30) calendar days from the time of delivery to him of such vessel or
motor, present the assigned certificate of title to the Oklahoma Tax
Commission, or one of its motor license agents, accompanied by the
fee required pursuant to Section 4014 of this title, together with
any excise tax or registration fee that may be due, whereupon a new
certificate of title, shall be issued to the assignee.
B. A licensed dealer shall, on selling or otherwise disposing of
a vessel or motor, execute and deliver to the purchaser thereof the
certificate of title properly and completely reassigned.
C. Said certificate, when so assigned and returned to the
Commission, together with any subsequent assignment or reissue
thereof, shall be appropriately filed and indexed so that at all
times it will be possible to trace title to the vessel or motor
designated therein. Provided, when the ownership of any vessel or
motor shall pass by operation of law, the person owning such vessel
or motor may, upon furnishing satisfactory proof to the Commission of
such ownership, procure a title to said vessel or motor, regardless
of whether a certificate of title has ever been issued. Provided,
however, all homemade vessels shall first comply with the provisions
of subsection D of Section 4009 of this title.
D. The dealer shall execute and deliver to the purchaser bills
of sale for all new vessels or new motors sold by him. On
presentation of a bill of sale by a dealer for a new vessel or motor
sold in this state, accompanied by any fee required by Section 4014
of this title and any excise tax that may be due, a certificate of
title shall be issued.
E. Upon proper proof of a lost certificate of title being made
to the Commission or one of its motor license agents, accompanied by
an application therefor and payment of the fees required by Section
4014 of this title, a duplicate certificate of title shall be issued
to said applicant.
Laws 1989, c. 346, § 12, eff. Jan. 1, 1990; Laws 1992, c. 284, § 8,
eff. Jan. 1, 1993.
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§63-4013. Perfection of security interest - Applicability of Title
12A - Surrender of certificate or application to secured party -
Delivery to Commission - Satisfaction and release - Penalty - New
certificate - Security interests perfected prior to effective date of
act.
A. 1. Except for a security interest in vessels or motors held
by a dealer for sale or lease, a security interest, as defined in
paragraph (37) of Section 1-201 of Title 12A of the Oklahoma
Statutes, in a vessel or motor as to which a certificate of title may
be properly issued by the Oklahoma Tax Commission shall be perfected
only when a lien entry form prescribed by the Tax Commission, and the
existing certificate of title, if any, or application for a
certificate of title and manufacturer’s certificate of origin or
other identification number containing the name and address of the
secured party and the date of the security agreement and the required
fee are delivered to the Tax Commission or to a motor license agent.
The filing and duration of perfection of a security interest,
pursuant to the provisions of Title 12A of the Oklahoma Statutes,
including, but not limited to, Section 1-9-311 of Title 12A of the
Oklahoma Statutes, shall not be applicable to perfection of security
interests in vessels or motors as to which a certificate of title may
be properly issued by the Tax Commission, except as to vessels or
motors held by a dealer for sale or lease and except as provided in
subsection D of this section. In all other respects Title 12A of the
Oklahoma Statutes shall be applicable to such security interests in
vessels or motors as to which a certificate of title may be properly
issued by the Tax Commission.
2. Whenever a person creates a security interest in a vessel or
motor, such person shall surrender to the secured party the
certificate of title or the signed application for a new certificate
of title, on the form prescribed by the Tax Commission, and the
manufacturer’s certificate of origin or other identification number.
The secured party shall deliver the lien entry form and the required
lien filing fee within twenty-five (25) calendar days as provided
hereafter with certificate of title or the application for
certificate of title, and the manufacturer’s certificate of origin or
other identification number to the Tax Commission or to a motor
license agent. Perfection of the security interest shall begin from
the date of the delivery to the Tax Commission or to a motor license
agent of (i) the lien entry form, (ii) the lien filing fee, and (iii)
the certificate of title or application for certificate of title and
the manufacturer’s certificate of origin or other identification
number. When a vessel or motor title is presented to a motor license
agent for transfer or registration and the documents reflect a
lienholder, the motor license agent shall perfect the lien as
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provided for in subsection G of Section 1105 of Title 47 of the
Oklahoma Statutes.
3. Upon the receipt of the lien entry form and the required fees
with either the certificate of title or an application for
certificate of title and manufacturer’s certificate of origin or
other identification number, a motor license agent shall, by
placement of a clearly distinguishing mark, record the date and
number shown in a conspicuous place, on each of these instruments.
4. The certificate of title or the application for certificate
of title and manufacturer’s certificate of origin or other
identification number with the record of the date of receipt clearly
marked thereon shall be returned to the debtor together with a notice
that the debtor is required to register and pay all additional fees
and taxes due within thirty (30) calendar days from the date of
purchase of said vessel or motor.
5. Any person creating a security interest in a vessel or motor
that has been previously registered in the debtor’s name and on which
all taxes due the state have been paid shall surrender the
certificate of ownership to the secured party. The secured party
shall have the duty to record the security interest as provided in
this section and shall, at the same time, obtain a new certificate of
title which shall show the secured interest on the face of such
certificate of title.
6. The lien entry form with the date and assigned number thereof
clearly marked thereon shall be returned to the secured party. If
the lien entry form is received and authenticated, as herein
provided, by a motor license agent, such agent shall make a report
thereof to the Tax Commission upon the forms and in the manner as may
be prescribed by the Tax Commission.
7. The Tax Commission shall have the duty to record the lien
upon the face of the certificate of title issued at the time of
registering and paying all fees and taxes due on such vessel or
motor.
B. 1. A secured party shall, within seven (7) business days
after the satisfaction of such security interest, furnish directly or
by mail a release of a security interest to the Tax Commission and
mail a copy thereof to the last-known address of the debtor. If the
security interest has been satisfied by payment from a licensed used
boat dealer to whom the used vessel or motor has been transferred,
the secured party shall also, within seven (7) business days after
such satisfaction, mail a certified copy of copy number one of the
release of security interest to such dealer. If the secured party
fails to furnish such release as herein required, the secured party
shall be liable to the debtor for a penalty of One Hundred Dollars
($100.00) and, in addition, any loss caused to the debtor by such
failure.
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2. Upon release of a security interest the owner may obtain a
new certificate of title omitting reference to the security interest,
by submitting to the Tax Commission or to a motor license agent:
a. a release signed by the secured party, an application
for new certificate of title and the proper fees, or
b. by submitting to the Tax Commission or the motor
license agent an affidavit, supported by such
documentation as the Tax Commission may require, by the
owner on a form prescribed by the Tax Commission
stating that the security interest has been satisfied
and stating the reasons why a release cannot be
obtained, an application for a new certificate of title
and the proper fees.
Upon receiving such affidavit that the security interest has been
satisfied, the Tax Commission shall issue a new certificate of title
eliminating the satisfied security interest and the name and address
of the secured parties who have been paid and satisfied. The Tax
Commission shall accept a release of a security interest in any form
that identifies the debtor, the secured party, and the vessel or
motor and contains the signature of the secured party. The Tax
Commission shall not require any particular form for the release of a
security interest.
The words “security interest” when used in the Oklahoma Vessel
and Motor Registration Act do not include liens dependent upon
possession.
C. The Tax Commission shall file and index certificates of title
so that at all times it will be possible to trace a certificate of
title to the vessel or motor designated therein, identify the lien
entry form, and the names and addresses of secured parties, or their
assignees, so that all or any part of such information may be made
readily available to those who make legitimate inquiry of the Tax
Commission as to the existence or nonexistence of security interest
in the vessel or motor.
D. 1. Any security interest in a vessel or motor properly
perfected prior to January 1, 1990, may be continued as to its
effectiveness or duration as provided by Section 1-9-515 of Title 12A
of the Oklahoma Statutes, or may be terminated, assigned or released
as provided by Sections 1-9-513 and 1-9-514 of Title 12A of the
Oklahoma Statutes, as fully as if this section had not been enacted,
or, at the option of the secured party, may also be perfected under
this section, and, if so perfected, the time of perfection under this
section shall be the date said security interest was originally
perfected under the prior law.
2. Upon request of the secured party, the debtor or any other
holder of the certificate of title shall surrender said certificate
of title to the secured party and shall do such other acts as may be
required to perfect said security interest under this section.
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Added by Laws 1989, c. 346, § 13, eff. Jan. 1, 1990. Amended by Laws
1992, c. 284, § 9, eff. Jan. 1, 1993; Laws 1996, c. 337, § 1, eff.
July 1, 1996; Laws 2000, c. 371, § 179, eff. July 1, 2001; Laws 2004,
c. 534, § 13, eff. Nov. 1, 2004.
§63-4014. Fees.
A. The charge for each certificate of title for any vessel or
motor issued shall be Two Dollars and twenty-five cents ($2.25),
which charge shall be in addition to any excise taxes or fees imposed
by law for such vessel or motor. One Dollar ($1.00) of each such fee
shall be deposited in the Oklahoma Tax Commission Reimbursement Fund.
B. The charge for a duplicate certificate of title shall be Two
Dollars and twenty-five cents ($2.25) which charge shall be in
addition to any other fees imposed by this section for any such
vessel or motor. One Dollar ($1.00) of such fee shall be deposited
in the Oklahoma Tax Commission Reimbursement Fund.
C. For each security interest recorded on a certificate of
title, or manufacturer's certificate of origin or other
identification number, such person shall pay a fee of Eight Dollars
($8.00), which shall be in addition to other fees provided for in
this section.
D. 1. When an application for a new certificate of title or
duplicate certificate of title for a vessel or motor is made to the
Commission or one of its motor license agents, anapplication fee in
the amount of One Dollar and twenty-five cents ($1.25) for the
issuance of such certificate of title shall be charged and collected.
2. For recording a security interest on a certificate of title
or manufacturer's certificate of origin or other identification
number, the Commission or a motor license agent shall charge Two
Dollars ($2.00) for each security interest so recorded.
E. 1. The charge for a copy of certificate of title information
is One Dollar ($1.00) for each instrument.
2. The charge for a certified copy of certificate of title
information is Two Dollars ($2.00) for each instrument.
Added by Laws 1989, c. 346, § 14, eff. Jan. 1, 1990.
§63-4015. Application required - Time - Contents.
Except as otherwise provided by Sections 4005 and 4024 of this
title, every owner of a vessel or motor possessing a certificate of
title shall make an application for the registration of such vessel
or motor with the Oklahoma Tax Commission or with a motor license
agent within thirty (30) calendar days from the purchase date, or
from the expiration of registration, or from the date the owner
becomes a resident of this state. The application shall contain such
information as shall be required by the Commission pursuant to the
provisions of the Oklahoma Vessel and Motor Registration Act, Section
4002 et seq. of this title.
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Laws 1989, c. 346, § 15, eff. Jan. 1, 1990; Laws 1992, c. 284, § 10,
eff. Jan. 1, 1993.
§63-4016. Application for registration of vessel - Contents -
Issuance of certificate and assignment of permanent number -
Availability and inspection of certificate and bill of sale.
A. Every owner of a vessel, when making application for
registration, shall furnish the following information:
1. A full description of the vessel including the manufacturer's
serial, model, or other identification number, the manufacturer's
factory delivered price, and the total delivered price of said
vessel;
2. The correct name and address, the name of the city, county
and state in which the person in whose name the vessel is to be
registered resides;
3. The county of location of the vessel; and
4. Such other information as may be prescribed by the
Commission.
B. Upon the filing of a registration application for a vessel
and the payment of the fees provided for in the Oklahoma Vessel and
Motor Registration Act, Section 4002 et seq. of this title, the
Oklahoma Tax Commission shall issue the owner of the vessel a
certificate of registration and two registration decals and shall
also assign a permanent number for the vessel described in the
application. The registration decals and the permanent number shall
be recorded on the annual registration certificate covering such
vessel. The permanent number shall be displayed upon the vessel as
required by Section 4030 of this title.
C. The current certificate of registration shall be legible and
available for inspection at all times.
D. On all new and used vessels, prior to receipt of the
certificate of registration and the registration decals, the dealer's
bill of sale shall be available for inspection at all times for the
first thirty (30) calendar days from the date of purchase.
Thereafter, prior to receipt of the certificate of registration and
the registration decals, the official registration receipt from the
Commission or a motor license agent shall be available for inspection
at all times.
Added by Laws 1989, c. 346, § 16, eff. Jan. 1, 1990. Amended by Laws
1992, c. 284, § 11, eff. Jan. 1, 1993; Laws 1997, c. 146, § 9, eff.
Nov. 1, 1997; Laws 1999, c. 332, § 2, eff. Nov. 1, 1999.
§63-4017. Application for registration of motor - Contents -
Issuance of certificate - Availability and inspection of certificate
and bill of sale.
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A. Every owner of an outboard motor in excess of ten (10)
horsepower, when making application for registration, shall furnish
the following information:
1. A full description of the outboard motor including the
manufacturer's serial, model, or other identification number, the
manufacturer's factory delivered price, and the total delivered price
of said outboard motor;
2. The correct name and address, and the name of the city,
county and state in which the person in whose name the outboard motor
is to be registered resides;
3. The county of location of such outboard motor; and
4. Such other information as may be prescribed by the Oklahoma
Tax Commission.
B. Upon the filing of a registration application for an outboard
motor and the payment of the fees provided for in the Oklahoma Vessel
and Motor Registration Act, the Commission shall issue the owner of
the outboard motor a certificate of registration and a registration
decal.
C. The current certificate of registration shall be legible and
available for inspection at all times.
D. On all new and used outboard motors, prior to receipt of the
certificate of registration and the registration decal, the dealer's
bill of sale shall be available for inspection at all times for the
first thirty (30) calendar days from the date of purchase.
Thereafter, prior to receipt of the certificate of registration and
the registration decal, the official registration receipt from the
Commission or a motor license agent shall be available for inspection
at all times.
Added by Laws 1989, c. 346, § 17, eff. Jan. 1, 1990. Amended by Laws
1992, c. 284, § 12, eff. Jan. 1, 1993; Laws 1997, c. 146, § 10, eff.
Nov. 1, 1997; Laws 1999, c. 332, § 3, eff. Nov. 1, 1999.
§63-4018. Members of armed forces or spouses - Registration
requirements.
A. Any vessel or motor in this state which is not registered and
licensed for the current year in the state of residence or domicile
of any person who is a member of the Armed Forces of the United
States or the spouse of such member owning a vessel or motor must be
registered as provided by the Oklahoma Vessel and Motor Registration
Act, except that any such vessel or motor which has been licensed in
some other state by such member or spouse of such member while
stationed in said other state may be operated in this state for the
remainder of the year or period for which it is licensed. If the
vessel or motor currently is registered with the Armed Forces of the
United States rather than being registered in a state and the member
is transferred to a duty station within this state pursuant to
military orders, the member or spouse of such member owning the
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vessel or motor shall not be required to register the vessel or motor
in this state for a period of thirty (30) days after the date the
member is required to report for duty by said military.
B. Any person who is a member of the Armed Forces of the United
States who is a resident of this state and who is stationed in this
state or spouse of such person may make application for a certificate
of registration pursuant to the provisions of this section.
C. Any person who is a member of the Armed Forces of the United
States, or spouse applying for a registration of any such vessel or
motor shall submit an appropriate statement, to be attached to the
vessel or motor registration application, showing the following: A
description of the vessel or motor owned by applicant; the state and
address of the applicant's legal residence or domicile; that
applicant or applicant's spouse is on active duty in the Armed Forces
of the United States assigned or stationed at a named location in
compliance with official military orders. The statement shall be
signed by the applicant and certified to by a proper officer of the
organization to which applicant is assigned for duty, or where the
applicant is the spouse of such member serving in a foreign country
the statement shall be signed by said spouse under the penalties of
perjury.
Added by Laws 1989, c. 346, § 18, eff. Jan. 1, 1990.
§63-4019. Registration fees - Due date - Delinquency - Registration
dates - Proportional fees.
A. 1. The registration fees herein levied upon vessels and
motors located within this state shall be due on the first day of
July each year and shall become delinquent on the first day of August
thereafter.
2. Any person owning a vessel or motor subject to the provisions
of this subsection and failing or refusing to file application for
the registration of such vessel or motor and to pay the annual
registration fee as provided by the Oklahoma Vessel and Motor
Registration Act, on or before the 31st day of July each year, shall
be deemed delinquent.
B. On the registration of new vessels or new motors purchased in
this state and on new or used vessels or motors used in this state or
brought into this state between July 1 and September 30, inclusive,
of any year the payment of the full annual registration and license
fee shall be collected; and between October 1 and December 31,
inclusive, of any year the payment of three-fourths (3/4) the annual
registration and license fee shall be collected; and between January
1 and March 31, inclusive, of any year the payment of one-half (1/2)
the annual registration and license fee shall be collected; and
between April 1 and June 30, inclusive, of any year the payment of
one-fourth (1/4) of the annual registration and license fee shall be
collected.
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C. Any person registering a vessel or motor under the provisions
of the Oklahoma Vessel and Motor Registration Act may elect to have
the vessel or motor registered for a three-year period. If a person
elects to register the vessel or motor for a three-year period, the
person shall pay ninety percent (90%) of the registration fees that
the person would have otherwise paid if the person had registered the
vessel or a motor on an annual basis over the three-year period. If
a person is registering a vessel or motor pursuant to the provisions
of subsection B of this section and elects to register the vessel or
motor for a three-year period, the partial year registration shall
count as one of the three (3) years of registration. The motor
license agent registering the vessel or motor for a three-year period
shall receive one hundred percent (100%) of the fees the motor
license agent would have otherwise received pursuant to subsection B
of Section 1141.1 of Title 47 of the Oklahoma Statutes if the vessel
or motor had been registered on an annual basis over the three-year
period.
Added by Laws 1989, c. 346, § 19, eff. Jan. 1, 1990. Amended by Laws
1990, c. 304, § 4, emerg. eff. May 30, 1990; Laws 2004, c. 379, § 1,
eff. Nov. 1, 2004.
§63-4020. Notice of registration requirements.
The Oklahoma Tax Commission shall notify through the mail, or via
electronic mail, all persons who have not opted out of the
notification system within the state who have previous vessel or
motor registrations on record of the period for registration that are
due to be registered in July of that year. Persons choosing to
receive such annual notification through the mail shall be assessed
an annual fee of fifty cents ($0.50), notwithstanding the provisions
of Section 1114.1 of Title 47 of the Oklahoma Statutes, which shall
be used by the Tax Commission for printing and mailing of renewal
notifications. Members of the armed forces of the United States, the
Reserve Corps of the armed forces of the United States, and the
Oklahoma National Guard and their spouses eligible for the military
registration fee, as provided in Section 4021 of this title, shall
receive a renewal notification without payment of such fee. The
printed notice shall contain all necessary information for such
registration including a breakdown of all charges to be paid by the
owner. The breakdown of the charges to be paid by the owner shall
include the charges an owner would pay to register the vessel or
motor for a one-year period and the charges an owner would pay to
register the vessel or motor for a three-year period. Use of a
postcard or electronic mail-type renewal notice is specifically
permitted. The content and form of the notice shall also contain
instructions as to the procedure for renewal upon presentation to a
motor license agent or by return mail to the Tax Commission's state
office. The Tax Commission shall provide information on its public
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website instructing persons on the procedure for obtaining an annual
notification via electronic mail, free of charge, outlining all
charges and fees associated with the registration of vessels and
motors, as well as an explanation of the apportionment of vessel and
motor registration fees and penalties. The cost of mailing shall be
One Dollar ($1.00) for titles or other forms or devices required by
the Oklahoma Vessel and Motor Registration Act. Provided, that the
Tax Commission may adjust any mailing costs as deemed appropriate to
allow for increased or additional fees charged by the United States
Postal Service.
Failure by any applicant to receive notification of renewal as
provided by this section shall not excuse the applicant from properly
obtaining any registration at the proper time by presenting proof of
ownership to the Tax Commission's state office or to a motor license
agent.
Added by Laws 1989, c. 346, § 20, eff. Jan. 1, 1990. Amended by Laws
2004, c. 379, § 2, eff. Nov. 1, 2004; Laws 2010, c. 390, § 1, emerg.
eff. June 7, 2010.
§63-4021. Fees - Exemptions - Credits - Duplicate certificates.
A. The application required for the initial and subsequent
registration of a vessel or a motor shall be accompanied by payment
of the following fees:
1. Where the manufacturer’s factory delivered price, or in the
absence of such price being published in a recognized publication for
the use of marine dealers and/or for purposes of insurance and
financing firms, where the provable original or new cost of all
materials, is One Hundred Fifty Dollars ($150.00) or less, the
registration and license fee for the first and for each succeeding
year’s registration shall be One Dollar ($1.00);
2. Where the manufacturer’s factory delivered price, or in the
absence of such price being published as provided in paragraph 1 of
this section, where the value of such vessel or motor is determined
and fixed as above required and, is in excess of One Hundred Fifty
Dollars ($150.00), there shall be added to the fee of One Dollar
($1.00), the sum of One Dollar ($1.00) for each One Hundred Dollars
($100.00) or any fraction thereof, in excess of One Hundred Fifty
Dollars ($150.00) provided such fee shall not exceed One Hundred
Fifty Dollars ($150.00);
3. After the first year’s registration in this state under the
Oklahoma Vessel and Motor Registration Act of any new vessel or new
motor under paragraph 2 of this subsection, the registration for the
second year shall be ninety percent (90%) of the fee computed and
assessed hereunder for the first year, and thereafter, such fee shall
be computed and assessed at ninety percent (90%) of the previous
year’s fee and shall be so computed and assessed for the next nine
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(9) successive years provided such fee shall not exceed One Hundred
Fifty Dollars ($150.00);
4. The initial and subsequent registration fee for any vessel
which is a part of a fleet used for lodging and for which a rental
fee and sales tax are collected shall be Forty Dollars ($40.00) in
lieu of the fees required by paragraphs 1 through 3 of this
subsection. For the purpose of this paragraph, “fleet” means twenty
or more vessels operated by a business organization from a single
anchorage. The fee provided for in this paragraph may be reduced
annually to zero until the total reduction equals the difference
between the sum of the fees paid pursuant to paragraphs 1 through 3
of this subsection for the two registration years preceding January
1, 1990, and the fee provided for in this paragraph;
5. For any vessel or motor owned and numbered, registered or
licensed prior to January 1, 1990, in this or any other state, or in
the absence of such registration upon proof of the year, model and
age of same, the registration fee shall be computed and assessed at
the rate hereinabove provided for a new vessel or motor based on the
value thereof determined as provided in this subsection, but reduced
as though same had been registered for each prior year of its
existence. Except as provided in paragraph 1 of this subsection, the
registration fee for the eleventh year computed in accordance with
the provisions of this subsection shall be the amount of the fee to
be assessed for such eleventh year and shall be the minimum annual
registration fee for such vessel or motor for any subsequent year;
and
6. The initial and subsequent registration fee for any vessel or
motor which is not being used in a trade or business or for any
commercial purpose and is owned by:
a. a nonresident member of the Armed Forces of the United
States assigned to duty in this state in compliance
with official military or naval orders,
b. a resident member of the Armed Forces of the United
States assigned to duty in this state in compliance
with official military or naval orders,
c. the spouse, who resides in Oklahoma, of a resident or
nonresident member of the Armed Forces of the United
States serving in a foreign country, or
d. any Oklahoma resident who is stationed out of state due
to an official assignment of the Armed Forces of the
United States,
shall be the lesser of either a Fifteen Dollar ($15.00) registration
fee or the fee computed and assessed for vessels or motors of similar
age and model pursuant to this section.
B. As used in this section, the term “manufacturer’s factory
delivered price” shall represent the recommended retail selling price
and shall not mean the wholesale price to a dealer.
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C. The Oklahoma Tax Commission shall assess the registration
fees and penalties for the year or years a vessel or motor was not
registered as provided in the Oklahoma Vessel and Motor Registration
Act. For vessels or motors not registered for two (2) or more years,
the registration fees and penalties shall be due only for the current
year and one (1) previous year.
D. Upon each vessel or motor repossessed by a mortgagee, a fee
of Forty-six Dollars ($46.00) shall be assessed. This fee shall be
in lieu of any applicable vessel or motor excise tax and registration
fees. Each motor license agent accepting applications for
certificates of title for such vessel or motors shall receive Seven
Dollars ($7.00) to be deducted from the license fee specified in this
paragraph for each application accepted.
E. All vessels or motors owned by the State of Oklahoma, its
agencies or departments, or political subdivisions thereof, or which
under the law would be exempt from direct ad valorem taxation, shall
be registered pursuant to the provisions of the Oklahoma Vessel and
Motor Registration Act for an annual fee of Two Dollars and twenty-
five cents ($2.25) irrespective of whether registered by a motor
license agent or the Tax Commission.
F. All vessels and motors owned:
1. By the Boy Scouts of America, the Girl Scouts of U.S.A., and
the Camp Fire USA, devoted exclusively to youth programs emphasizing
physical fitness, character development and citizenship training;
2. By the Department of Public Safety; and
3. By organizations which are exempt from taxation pursuant to
the provisions of Section 501(c)(3) of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3), and which are primarily devoted to the
establishment, development, operation, promotion, and participation
in, alone or in conjunction with others, educational and training
programs and competitive events to provide knowledge, information, or
comprehensive skills related to the sports of sailing, fishing,
boating, and other aquatic related activities;
are hereby exempt from the payment of registration fees required by
this section. Provided all of such vessels or motors shall be
registered and shall otherwise comply with the provisions of the
Oklahoma Vessel and Motor Registration Act.
G. A credit shall be allowed with respect to the fee for
registration of any new vessel or new motor, when such new vessel or
motor is a replacement for:
1. A new original vessel or new original motor which is stolen
from the purchaser/registrant within ninety (90) days of the date of
purchase of the original vessel or new original motor as certified by
a police report or other documentation as required by the Tax
Commission; or
2. A defective new original vessel or new original motor
returned by the purchaser/registrant to the seller within six (6)
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months of the date of purchase of the defective new original vessel
or new original motor as certified by the manufacturer.
Such credit shall be in the amount of the fee for registration
which was paid for the new original vessel or new original motor and
shall be applied to the registration fee for the replacement vessel
or motor. In no event will said credit be refunded.
H. Upon proper proof of a lost certificate of registration being
made to the Tax Commission or one of its motor license agents,
accompanied by an application therefor and payment of the fees
required by the Oklahoma Vessel and Motor Registration Act, a
duplicate certificate of registration shall be issued to the
applicant. The charge for such duplicate certificate of registration
shall be Two Dollars and twenty-five cents ($2.25), which charge
shall be in addition to any other fees imposed by Section 4022 of
this title for any such vessel or motor.
I. In addition to any other fees levied by the Oklahoma Vessel
and Motor Registration Act, there is levied and there shall be paid
to the Tax Commission, for each year a vessel or motor is registered,
a fee of One Dollar ($1.00) for each vessel or motor for which a
registration or license fee is required pursuant to the provisions of
this section. The fee shall accrue and shall be collected upon each
vessel or motor under the same circumstances and shall be payable in
the same manner and times as apply to vessel and motor licenses and
registrations under the provisions of the Oklahoma Vessel and Motor
Registration Act; provided, the fee shall be paid in full for the
then current year at the time any vehicle is first registered in a
calendar year.
Monies collected pursuant to this subsection shall be apportioned
by the Tax Commission to the State Treasurer for deposit in the
Trauma Care Assistance Revolving Fund created in Section 330.97 of
this title.
The collection and payment of the fee shall be a prerequisite to
license or registration of any vessel or motor.
J. If a vessel or motor is donated to a nonprofit charitable
organization, the nonprofit charitable organization shall be exempt
from paying any current or past due registration fees, excise tax,
transfer fees, and penalties and interest; provided, subsequent to
such donation, if the person, entity or party acting on another’s
behalf who donated the vessel or motor, purchases the same vessel or
motor from the nonprofit charitable organization receiving the
original donation, such person, entity or party acting on another’s
behalf shall be liable for all current and past due registration
fees, excise tax, transfer fees, and penalties and interest on such
vehicle.
Added by Laws 1989, c. 346, § 21, eff. Jan. 1, 1990. Amended by Laws
1999, c. 332, § 4, eff. Nov. 1, 1999; Laws 2000, c. 6, § 14, emerg.
eff. March 20, 2000; Laws 2002, c. 374, § 2, eff. July 1, 2003; Laws
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2004, c. 534, § 14, eff. Nov. 1, 2004; Laws 2005, c. 190, § 18, eff.
Sept. 1, 2005; Laws 2006, c. 272, § 6, eff. Nov. 1, 2006.
NOTE: Laws 1999, c. 278, § 3 repealed by Laws 2000, c. 6, § 33,
emerg. eff. March 20, 2000. Laws 2004, c. 379, § 3 repealed by Laws
2005, c. 1, § 101, emerg. eff. March 15, 2005. Laws 2005, c. 1, §
100 repealed by Laws 2006, c. 16, § 49, emerg. eff. March 29, 2006.
Laws 2006, c. 16, § 48 repealed by Laws 2007, c. 1, § 54, emerg. eff.
Feb. 22, 2007.
NOTE: Laws 2002, c. 374, § 2 made no changes to this section.
§63-4022. Application directly to Commission or motor vehicle agent
- Copies - Fees.
A. In addition to the registration fees required by Section 4021
of this title, when any such application for registration is made
directly to the Commission or to any motor vehicle agent, a One
Dollar and twenty-five cents ($1.25) fee for each year the vessel or
motor is registered shall be collected and apportioned as provided by
the provisions of the Oklahoma Vessel and Motor Registration Act.
B. 1. The charge for a copy of certificate of registration
information is One Dollar ($1.00) for each instrument.
2. The charge for a certified copy of certificate of
registration information is Two Dollars ($2.00) for each instrument.
Added by Laws 1989, c. 346, § 22, eff. Jan. 1, 1990. Amended by Laws
2004, c. 379, § 4, eff. Nov. 1, 2004.
§63-4023. Purpose of fees - Payment in lieu of ad valorem taxes.
The registration fees herein imposed upon vessels and motors
shall be for the purpose of reimbursing and providing funds for
general governmental functions of the state, and when paid in full
such fees shall be in lieu of all ad valorem taxes, general or local,
to which such vessels and motors may be subject as personal property
under the laws of this state.
Added by Laws 1989, c. 346, § 23, eff. Jan. 1, 1990.
§63-4024. Late registration - Failure or refusal to file application
- Penalties.
A. In the event a new vessel or a new motor is not registered
within thirty (30) calendar days from the date purchased in this
state by a resident of this state, the penalty shall be Twenty-five
Dollars ($25.00), provided that in no event shall the penalty exceed
an amount equal to the registration fee. The rate of the
registration fee shall be fixed and determined by the date of the
sale by the dealer of said new vessel or motor to the purchaser.
B. If a new or used vessel or motor is brought into Oklahoma by
a resident of this state and is not registered within thirty (30)
calendar days from the date such vessel or motor enters the state as
required by the Oklahoma Vessel and Motor Registration Act, the
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penalty shall be Twenty-five Dollars ($25.00), provided that in no
event shall the penalty exceed an amount equal to the registration
fee.
C. If a vessel or motor is purchased or is brought into Oklahoma
by a nonresident of this state and such vessel or motor remains over
sixty (60) calendar days and is not registered as required by the
Oklahoma Vessel and Motor Registration Act, the penalty shall be
Twenty-five Dollars ($25.00).
D. Any person in this state owning a vessel or motor subject to
the provisions of this subsection and failing or refusing to file
application for the registration of such vessel or motor and to pay
the registration fee as required by the Oklahoma Vessel and Motor
Registration Act, within one (1) month after the expiration date,
shall be deemed delinquent and there shall be added a penalty of
twenty-five cents ($0.25) per day on the registration fee for each
day such registration is delinquent. The penalty for failure to
register shall accrue for a three-month calendar period. Thereafter,
the penalty shall be Twenty-five Dollars ($25.00), provided that in
no event shall the penalty exceed an amount equal to the registration
fee.
E. The failure to register any vessel or motor as required by
the Oklahoma Vessel and Motor Registration Act shall in addition to
penalties, subject such vessel or motor to the seizure provisions as
provided in the Oklahoma Vehicle License and Registration Act.
Added by Laws 1989, c. 346, § 24, eff. Jan. 1, 1990.
§63-4025. Payment of fees and taxes by check - Nonpayment of check -
Cancellation of title and registration - Credit of motor license
agent's account - Collection - Penalties.
A. When, at the time of titling and registration of any vessel
or motor payment is made by check for fees and taxes and the check is
not paid by the bank on which drawn for any reason, such certificate
of title or registration and other such instruments issued at the
time of titling or registration of such vessel or motor shall be
canceled immediately, without notice, by the Commission or motor
license agent who issued such title or registration certificate. In
all such cases the title or registration certificate, number,
receipt, and any other official document issued at the time of the
acceptance of such check shall be null and void and returned to the
issuer.
B. The motor license agent shall transmit all documents and the
dishonored check to the Oklahoma Tax Commission for credit to the
motor license agent's account. The Commission may enter into a
contract for the collection of dishonored checks and canceled
instruments.
C. In all such cases, such vessels or motors shall be subject to
the fees and penalties provided in the Oklahoma Vessel and Motor
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Registration Act as though no attempt to register the vehicle had
been made and a further penalty of Twenty-five Dollars ($25.00) shall
be assessed.
Added by Laws 1989, c. 346, § 25, eff. Jan. 1, 1990. Amended by Laws
1997, c. 294, § 7, eff. July 1, 1997.
§63-4026. Repossession by mortgagee - Liability for delinquent
registration.
At any time that a mortgagee repossesses a vessel or motor on
which the registration has become delinquent as of the date of such
repossession, the mortgagee shall not be required, as a condition for
registration of said vessel or motor to pay any of the penalties
which had accrued as of the date of such repossession otherwise
prescribed in the Oklahoma Vessel and Motor Registration Act.
Provided that said penaltiesshall not be waived unless such vessel or
motor is registered by the mortgagee within five (5) days after it is
repossessed. Provided further, that if the mortgagor or spouse,
becomes the owner of the vessel or motor withinninety (90) days from
the date of repossession, the penalty shall reattach and be paid when
application is made for the new title.
Added by Laws 1989, c. 346, § 26, eff. Jan. 1, 1990.
§63-4027. Lien of title and registration fees and penalties -
Priority - Seizure - Costs of taking into custody and storage -
Foreclosure.
All title and registration fees and penalties levied by the terms
and provisions of the Oklahoma Vessel and Motor Registration Act
shall become and remain a first lien upon any vessel or motor on
which said fees, taxes and penalty is due and unpaid. Said lien
shall be prior, superior and paramount to all other liens of
whatsoever kind or character.
After the thirtieth day after such title and registration fees
become delinquent, it shall be the duty of the Oklahoma Tax
Commission or the Department of Public Safety, its designated
officers or employees, and of sheriffs and all other duly authorized
peace officers of this state, to seize and take into custody every
vessel or motor required to be titled and registered pursuant to the
Oklahoma Vessel and Motor Registration Act but which is not so
registered by the owner thereof, and such vessel or motor shall not
be released to the owner thereof until it is duly registered and the
fee due thereon paid in full, together with any penalty provided by
law, plus the cost of seizure, including a reasonable cost of taking
such vessel or motor into custody and storing it. In the event the
owner or possessor of any such vessel or motor seized, as provided by
law, shall fail to pay the registration fee and penalty due thereon,
together with said costs of seizure and storage, said officer shall
proceed to foreclose the lien thereon by selling such vessel or motor
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following the procedure for foreclosure of liens on personal property
prescribed in Section 91 of Title 42 of the Oklahoma Statutes.
The provisions of the Uniform Tax Procedure Code under Title 68
of the Oklahoma Statutes providing procedures and remedies with
respect to all state taxes shall also be available for the
enforcement of the provisions of the Oklahoma Vessel and Motor
Registration Act.
Added by Laws 1989, c. 346, § 27, eff. Jan. 1, 1990.
§63-4028. Apportionment of fees, taxes and penalties.
All titling and registration fees, taxes and penalties collected
by the Oklahoma Tax Commission pursuant to the provisions of Sections
4014 and 4021 of this title shall be apportioned as provided in
Section 1104 of Title 47 of the Oklahoma Statutes.
Laws 1989, c. 346, § 28, eff. Jan. 1, 1990; Laws 1992, c. 284, § 13,
eff. Jan. 1, 1993.
§63-4029. Refusal, revocation or cancellation of certificate of
title or registration.
A. If the Oklahoma Tax Commission shall determine at any time
that an applicant for a certificate of title of or registration for a
vessel or motor is not entitled thereto, it may refuse to issue such
certificate or to register such vessel or motor. The Commission may
for a similar reason, after ten (10) calendar days' notice and a
hearing, revoke the certificate of title and registration already
acquired. Said notice may be served in person or by registered mail.
B. In addition, in every case where a vessel or motor has been
titled or registered upon an application containing any false
statement of a fact required in this section to be shown in an
application for the title or registration thereof, the Commission
shall give written notice of at least ten (10) calendar days to the
owner of the vessel or motor and shall require the owner to appear
before it for the purpose of showing cause why said title or
registration should not be canceled. Unless satisfactory explanation
is given by the owner concerning such false statement, the Commission
shall cancel the title or registration. The owner of the vessel or
motor shall then be required to immediately retitle or reregister the
vessel or motor and pay the required fees. The owner shall not be
entitled to refund or credit for the fees paid for titling and
registration of the vessel or motor made under the application which
contained any false statement of fact.
C. The Commission shall insert in said application forms
appropriate notice to the applicant that any false statement of a
fact required to be shown in such application for title or
registration subjects the applicant to prosecution.
Laws 1989, c. 346, § 29, eff. Jan. 1, 1990; Laws 1992, c. 284, § 14,
eff. Jan. 1, 1993.
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§63-4030. Permanent number system for vessels.
A. 1. The Oklahoma Tax Commission shall, and each federally
recognized Indian tribe of this state may, develop and implement a
permanent number system for vessels which is consistent with United
States Coast Guard statutes and regulations. The system shall be
effective upon the effective date of this act.
2. Except as otherwise provided by this section, every vessel on
the waters of this state shall display the permanent number assigned
to it by the Tax Commission or by a federally recognized Indian tribe
of this state, which number shall not be obliterated, erased,
mutilated, removed or missing.
3. In order to ensure that:
a. a permanent number issued by a federally recognized
Indian tribe of this state conforms to federal
statutory and regulatory requirements of the United
States Coast Guard, and
b. the rights prescribed in paragraph 2 of this subsection
are extended to every federally recognized Indian tribe
of this state,
every vessel on the waters of this state assigned a permanent
number by a federally recognized Indian tribe of this state which
issues permanent numbers shall be recorded and maintained by the Tax
Commission in the same manner as the Tax Commission records and
maintains the permanent number of vessels on the waters of this state
which are assigned by the Tax Commission.
B. The vessels authorized to display a number other than that
required by the provisions of the Oklahoma Vessel and Motor
Registration Act are:
1. A documented vessel, provided that such vessel is currently
registered, is displaying both current registration decals, and the
name, hailing port and official federal documentation number assigned
to it are displayed on the vessel according to federal law or federal
rules and regulations;
2. A vessel from a country other than the United States
temporarily using the waters of this state;
3. A vessel from another state owned by an out-of-state resident
using the waters of this state;
4. A vessel whose owner is the United States, a state or a
subdivision thereof; provided, however, if such vessel is used for
recreational or rental purposes on the public waters of this state,
that vessel shall display the permanent number assigned to it by the
Tax Commission;
5. A vessel that is used exclusively and solely for racing
purposes;
6. A vessel that is used exclusively and solely as a lifeboat;
and
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7. A commercial flotation device which is assigned a permit by
the Scenic Rivers Commission pursuant to the provisions of Sections
1461 et seq. of Title 82 of the Oklahoma Statutes.
C. Except as otherwise provided for in this section, every
vessel and every outboard motor on the waters of this state shall
display the current registration decals or decal assigned to it by
the Tax Commission. The outboard motor registration decal shall be
affixed to the upper portion of the motor cowling in such a manner
that approximately one-half (1/2) of the decal is displayed on the
left side of the motor cowling extending toward the rear of the motor
cowling. Vessel registration decals shall be:
1. Affixed on each side of the forward half of the vessel; and
2. In line with and within six (6) inches aft of the permanent
number.
D. The owner of any vessel issued a permanent number pursuant to
the provisions of the Oklahoma Vessel and Motor Registration Act,
Section 4002 et seq. of this title, shall place on or attach to the
vessel the permanent number in such manner that it may be clearly
visible. The permanent number shall:
1. Be maintained in legible condition;
2. Be painted, applied as a decal, or otherwise affixed to each
side of the forward half of the vessel in contrasting color to the
background, as high above the waterline as is practical;
3. Read from left to right;
4. Be comprised of numbers and letters printed in block style of
at least three (3) inches in height and one-half (1/2) inch in stroke
width; and
5. Have spaces or hyphens that are equal to the width of a
letter other than "I" or a number other than "1" between the letter
and number groupings.
No other similar numbers shall be displayed on either side of the
forward half of the vessel.
E. The provisions of this section shall not apply to sailboards
or fishing tubes.
F. The Tax Commission shall adopt rules for the placement of the
registration decal in an alternate location for antique boats. In
this subsection, "antique boat" means a boat that:
1. Is used primarily for recreational purposes; and
2. Was manufactured before 1968.
Such rules shall allow vessels registered as antique boats to
display the registration decal on the left portion of the windshield.
In the absence of a windshield, the rules shall allow operators of
antique boats to attach the registration decal to the certificate of
registration and make such decal and certificate available for
inspection when the boat is operated on public water.
Added by Laws 1989, c. 346, § 30, eff. Jan. 1, 1990. Amended by Laws
1990, c. 304, § 5, emerg. eff. May 30, 1990; Laws 1992, c. 284, § 15,
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eff. Jan. 1, 1993; Laws 1994, c. 152, § 2, eff. July 1, 1994; Laws
1997, c. 199, § 1, eff. Nov. 1, 1997; Laws 1999, c. 332, § 5, eff.
Nov. 1, 1999; Laws 2003, c. 34, § 1, eff. Nov. 1, 2003; Laws 2003, c.
393, § 2, emerg. eff. June 4, 2003; Laws 2004, c. 379, § 5, eff. Nov.
1, 2004; Laws 2005, c. 1, § 102, emerg. eff. March 15, 2005; Laws
2008, c. 59, § 1, eff. Nov. 1, 2008.
NOTE: Laws 2004, c. 364, § 2 repealed by Laws 2005, c. 1, § 103,
emerg. eff. March 15, 2005.
§63-4031. Boat liveries - Records - Safety equipment - Compliance
with act.
A. The owner of a boat livery shall cause to be kept a record of
the name and address of the person or persons hiring any vessel, the
identification number of such vessel, the number of occupants of said
vessel, the departure date and time, and the expected date and time
of return. The record shall be preserved for at least six (6)
months.
B. Neither the owner of a boat livery nor his agent or employee
shall permit any vessel to be operated or to depart from his premises
unless it shall have been provided, either by owner or renter, with
the equipment required pursuant to the Oklahoma Boating Safety
Regulation Act and any rules promulgated thereto.
C. The owner of a boat livery shall be required to comply with
the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq.
of this title.
Laws 1989, c. 346, § 31, eff. Jan. 1, 1990; Laws 1992, c. 284, § 16,
eff. Jan. 1, 1993.
§63-4032. Violations - Punishments.
A. It shall be unlawful for any person to:
1. Lend or to sell to, or knowingly permit the use of by one not
entitled thereto, any certificate of title or registration issued to
or in the custody of the person so lending or permitting the use
thereof;
2. Alter or in any manner change a certificate of title or
registration certificate issued under the laws of this or any other
state;
3. Procure from another state or country or display upon any
vessel owned by the person within this state, except as otherwise
provided by the Oklahoma Vessel and Motor Registration Act, Section
4002 et seq. of this title, any number issued by any state or country
other than this state, unless there shall be displayed upon such
vessel at all times the permanent number assigned to it by the
Commission;
4. Buy, sell or dispose of, or have in the person's possession
for sale, use or storage, any secondhand or used vessel or motor on
which the registration fee has not been paid, as required by law, and
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on which vessel or motor said person neglects, fails or refuses to
display at all times the permanent number assigned to it;
5. Register a vessel or motor on an assigned certificate of
title. This particular paragraph shall be applicable to all persons
except bona fide dealers who are holders of current and valid
dealers' licenses;
6. Operate a vessel or motor upon the waters of this state after
the registration deadline for that vessel or motor without a proper
title and registration, as prescribed by the Oklahoma Vessel and
Motor Registration Act, for the current year;
7. Release a certificate of title or excise tax receipt to any
unauthorized person or source, including any dealer. Violation of
this paragraph shall constitute sufficient grounds for discharge of a
motor license agent by the Commission;
8. Alter or in any manner change a permanent number issued for a
vessel under the laws of this state or any other state; or
9. Offer for sale any used vessel, used motor, or any used
vessel or motor part if the vessel, motor, or part:
a. is not currently registered, if required,
b. has had the hull identification number or serial number
removed,
c. has a hull identification number or serial number which
does not match the number listed on the current title
or registration, or
d. appears, is suspected, or is known to be stolen.
Anyone violating the provisions of this subsection shall be
guilty of a misdemeanor and, upon conviction, shall be subject to a
fine not to exceed Fifty Dollars ($50.00) for each such violation.
B. Any owner who knowingly makes or causes to be made any false
statement of a fact required in this section to be shown in an
application for the title or registration of one or more vessels or
motors shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than One Thousand Dollars
($1,000.00), or shall be imprisoned in the county jail for not more
than one (1) year, or both such fine and imprisonment.
C. A violation of this section and any of the provisions of
Sections 4002 through 4031 of this title where a specific penalty has
not been imposed shall constitute a misdemeanor and upon conviction
thereof the person having violated it shall be fined not less than
Ten Dollars ($10.00) and not more than One Hundred Dollars ($100.00).
D. In addition thereto, it is specifically provided that any
person stating or giving or causing to be stated or given any false
information as to the location of any vessel or motor shall be deemed
guilty of a misdemeanor, and, upon conviction, shall be punished by
a fine of not more than Five Hundred Dollars ($500.00), or by
imprisonment in the county jail for a period not to exceed one (1)
year, or by both such fine and imprisonment.
/ -*--+!(' !+0 '.!- -&,-)!2 -9!5$4
Added by Laws 1989, c. 346, § 32, eff. Jan. 1, 1990. Amended by Laws
1992, c. 284, § 17, eff. Jan. 1, 1993; Laws 2003, c. 393, § 3, emerg.
eff. June 4, 2003; Laws 2004, c. 364, § 3, eff. Nov. 1, 2004.
§63-4033. Dealers license required - Multiple locations - Bona fide
dealer status - Applications - Report of transfer of ownership -
Posting license - Authority granted by license - Compliance with act.
A. It shall be unlawful for any person to engage in the business
of selling, or to serve in the capacity of, or act as a dealer of new
or used vessels, or motors, or new and used vessels, and motors or
any combination thereof in this state without first obtaining a
license therefor as provided for by the Oklahoma Vessel and Motor
Registration Act. Any person having more than one location where
such business is carried on or conducted shall be required to obtain
and hold a current license for each such location.
B. 1. Dealer licenses issued pursuant to this section shall be
issued only to persons that prove to the satisfaction of the Oklahoma
Tax Commission that they are clearly recognizable as bona fide
dealers. Proof of bona fide dealer status shall include, but need
not be limited to, the following:
a. Maintenance of a display area capable of regularly
displaying at least three vessels or motors, or a
minimum of one thousand two hundred (1,200) square
feet, indoors or outdoors,
b. Annual sales of substantial numbers of new or used
vessels or motors. "Substantial sales" normally means
sale of five or more vessels or motors unless the
applicant can show unusual circumstances justifying
lesser sales,
c. Consistent identification of the business as a dealer
or mercantile establishment in advertising, signs,
telephone book listings, and the like. The dealership
must be clearly identifiable as such by any person who
visits or deals with it,
d. Location of dealership in areas where zoning permits
such sales and commercial operations,
e. Regular hours of operation from May 1 to September 1,
inclusive, at least five (5) days per week, and
f. a picture, upon application for a new license, of the
business location which includes the selling lot and
the office and business sign.
2. The Oklahoma Tax Commission shall issue a license to sell new
vessels or motors only to those persons having a dealer agreement to
sell new vessels or new motors in this state.
C. 1. Applications for licenses required to be obtained
pursuant to the provisions of this section shall be verified by the
oath or affirmation of the applicant and shall be on forms prescribed
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by the Commission and furnished to such applicants, and shall contain
such information as the Commission deems necessary to enable it to
fully determine the qualifications and eligibility of the applicant
to receive the license requested. The Commission shall require in
such application, or otherwise, information relating to:
a. the applicant's financial standing,
b. the applicant's business integrity,
c. whether the applicant has an established place of
business and is primarily engaged in the pursuit,
avocation or business for which a license or licenses
have been requested,
d. whether the applicant is able to properly conduct the
business for which a license or licenses have been
requested, and
e. such other pertinent information consistent with the
safeguarding of the public interest and the public
welfare.
All such applications for license or licenses shall be
accompanied by the appropriate fee or fees therefor in accordance
with the schedule set out in Section 4034 of this title.
2. In the event any such application is denied and the license
for which requested is not issued, the entire license fee shall be
returned to the applicant.
3. All licenses issued under the provisions of the Oklahoma
Vessel and Motor Registration Act shall expire on December 31
following the date of issue and shall be nontransferable. All
applications for renewal of a license issued pursuant to the
provisions of this section shall be submitted by December 1 of each
year, and such license will be issued by January 1. If applications
have not been made for renewal of licenses by December 31 of each
year it shall be illegal for any person to sell or to serve in the
capacity or act as a dealer. If after January 31 of each year the
license has not been renewed or the renewal paid, then such licensee
shall be required to apply for a license as a new applicant. Motor
vehicle license agents will be notified not to accept such dealers'
titles until such time as licenses have been issued by the
Commission. Provided, however, such dealers may transfer titles to
vessels or motors purchased for resale prior to the expiration of
their license. Such dealer shall provide the purchaser with a copy
of the invoice showing purchase of the vessel or motor prior to the
expiration of the dealer's license. Such transfers shall only be
allowed within two (2) years of the license expiration.
D. Application for a dealer's license must show that such dealer
has not violated any of the provisions of this section.
E. The Oklahoma Tax Commission may require every person licensed
as a dealer, pursuant to the provisions of this subsection, to make a
report to the Commission within a period of seven (7) days after the
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transfer by such person of the legal ownership of every vessel or
motor upon a form prescribed and furnished by the Commission, showing
the name and address of the purchaser, a description of the vessel or
motor, including but not limited to the make, model, year made,
permanent vessel number or motor number, as the case might be, the
date of the transfer and such other information as the Commission may
require, and containing a certificate signed by the seller that the
purchaser was given notice at the time of the sale or transfer that
the purchaser is required by law to obtain a certificate of title for
such vessel or motor from the Commission within thirty (30) calendar
days after such sale or transfer. The Commission may cancel or
suspend, in the manner provided by law, the license of any person
licensed as a dealer pursuant to the provisions of this section who
fails or refuses to comply with the provisions of this section.
Dealers failing to comply with provisions of this section shall be
responsible for all taxes due on such sales or on such vessels or
motors.
F. The license of each dealer shall be posted in a conspicuous
place in the dealer's place or places of business.
G. 1. A new dealer's license authorizes a dealer to transfer,
purchase and sell new and used vessels and motors.
2. A used dealer's license authorizes a dealer to transfer,
purchase and sell used vessels and motors.
3. A new dealer's license or a used dealer's license authorizes
a dealer to transfer and assign titles and purchase new and used
vessels and motors without paying excise tax.
H. Any dealer agreement executed or renewed on and after the
effective date of this act shall comply with the provisions of the
Oklahoma Vessel and Motor Registration Act.
Added by Laws 1989, c. 346, § 33, eff. Nov. 1, 1989. Amended by Laws
1990, c. 304, § 6, emerg. eff. May 30, 1990; Laws 1992, c. 284, § 18,
eff. Jan. 1, 1993.
§63-4034. Fees.
The schedule of license fees to be charged and received by the
Oklahoma Tax Commission for the licenses issued pursuant to Section
4033 of this title shall be as follows:
1. For the license issued initially to each dealer of new
vessels or new motors, the fee shall be Two Hundred Dollars ($200.00)
per location licensed. In addition to the license fee, a Ten Dollar
($10.00) fee per dealer agreement for each such vessel or motor sold
at each location licensed shall be charged. The annual renewal fee
shall be One Hundred Dollars ($100.00) per location per year. Any
changes in the make of vessels or motors sold at any location
licensed shall be specified in the renewal application. A fee of Ten
Dollars ($10.00) per location shall be charged for such additional
dealer agreement for each such vessel or motor sold; and
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2. For the license issued initially to each dealer of used
vessels or motors, the fee shall be Fifty Dollars ($50.00) per each
location licensed with an annual renewal fee of Fifty Dollars
($50.00) per location per year.
Laws 1989, c. 346, § 34, eff. Nov. 1, 1989; Laws 1992, c. 284, § 19,
eff. Jan. 1, 1993.
§63-4035. Demonstration permits - Record of purchases and sales.
A. Upon issuance of a license to sell new vessels or new motors,
there shall be assigned and issued to such dealer three demonstration
permits for vessels, three demonstration permits for motors, or three
demonstration permits for each such class the dealer has been
authorized to sell. Such permits shall be displayed upon each vessel
or motor owned by the dealer when the vessel or motor is driven or
displayed on any water of this state. No such demonstration permit
issued to any dealer shall be used or displayed upon any secondhand
or used vessel or motor, or upon any new vessel or motor which is for
private use, or for hire. Any dealer or agent thereof for purposes
of demonstrating a vessel or motor for a sale, or any other person,
with consent of the dealer, while contemplating purchase, may operate
a new vessel or motor with the dealer's demonstration permit affixed
so long as this intent is limited to a consecutive seventy-two-hour
period, or a weekend. For the purposes of this subsection, “driven
or displayed on any water of this state” does not include the use of
a vessel or motor for participation in a contest.
B. Each dealer of new and used vessels or motors, shall keep a
record of the purchase and sale of each vessel or motor he buys or
sells, which shall show the name of the seller or buyer as the case
may be, and a complete description of the vessel or motor purchased
or sold, and such other information as the Commission may prescribe.
Added by Laws 1989, c. 346, § 35, eff. Nov. 1, 1989. Amended by Laws
1990, c. 304, § 7, emerg. eff. May 30, 1990; Laws 2004, c. 364, § 4,
eff. Nov. 1, 2004.
§63-4035.1. Manufacturer's testing permits - Display - Fee.
Upon application, there shall be assigned and issued up to ten
manufacturer's testing permits to manufacturers of new boats or
motors. Such permits shall be displayed upon each vessel or motor
owned by the manufacturer when the vessel or motor is driven or
tested on the waters of this state. No such tester permit shall be
used upon any new vessel or motor which is for private use or for
hire.
The manufacturer's testing permit shall be provided at a cost of
Five Dollars ($5.00) each and shall expire on December 31 of each
year.
Added by Laws 1991, c. 126, § 6, emerg. eff. April 29, 1991.
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§63-4036. Used vessels or motors - Expiration of registration - Use
of demonstration permit - Purchase or transfer of ownership of out-
of-state used vessel or motor - Application for certificate of title
- Sale or transfer of ownership - Tax stamp - Registration by
purchaser.
A. When a registration expires on a used vessel or motor while
in the possession of a dealer, the dealer shall affix a dealer's
demonstration permit to such vessel or motor whenever the vessel or
motor is used for demonstration.
B. Upon the purchase or transfer of ownership of an out-of-state
used vessel or motor by a dealer, or the purchase or transfer of
ownership of a vessel or motor which does not have a certificate of
title or a certificate of registration the dealer shall make
application for an Oklahoma certificate of title pursuant to the
Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of
this title. Upon receipt of the Oklahoma certificate of title, the
dealer shall follow the procedure as set forth in subsection A of
this section. Provided, nothing in this title shall be construed as
requiring a dealer to register a vessel or motor purchased in another
state which will not be operated or sold in this state.
C. Upon sale or transfer of ownership of the used vessel or
motor, the dealer shall place upon the reassignment portion of the
certificate of title a tax stamp issued by the county treasurer of
the county in which the dealer has his primary place of business.
The tax stamp shall be issued upon payment of a fee of Three Dollars
and fifty cents ($3.50) and shall be in lieu of the dealer's ad
valorem tax on the inventories of used vessels or motors but shall
not relieve any other property of the dealer from ad valorem
taxation.
D. Upon sale of a used vessel or motor to another licensed
dealer, the selling dealer shall place the tax stamp required in
subsection C of this section upon the certificate of title.
E. The purchaser of every used vessel or motor except as
otherwise provided by law, shall obtain registration and title for
the vessel or motor within thirty (30) calendar days from the date of
purchase of same.
Added by Laws 1989, c. 346, § 36, eff. Nov. 1, 1989. Amended by Laws
1990, c. 304, § 8, emerg. eff. May 30, 1990; Laws 1992, c. 284, § 20,
eff. Jan. 1, 1993.
§63-4037. Dealer agreements - Restrictions.
A. The following are the subjects that shall be covered by a
dealer agreement:
1. Length of term of dealer agreement;
2. Performance and marketing standards;
3. Notice provisions relative to termination, cancellation, or
nonrenewal of a dealer agreement;
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4. The parties' respective obligations relative to preparation
and delivery of the product and warranty service;
5. The parties' respective obligations upon termination,
cancellation, or nonrenewal of the dealer agreement relative to the
disposal of inventory and equipment, furnishings, special tools, and
signs required by the manufacturer or distributor and acquired within
the two (2) years last preceding such termination, cancellation, or
nonrenewal; and
6. Process and procedure for the resolution of disputes between
the parties.
B. 1. No manufacturer shall enter into a dealer agreement with
a dealer for the same product line regardless of brand name within a
fifteen (15) mile radius of an existing dealer of the same product
line regardless of brand name, provided any dealer agreements in
existence on June 3, 1989, may be extended or re-issued.
2. The provisions of this subsection shall not apply to dealer
agreements relating to inboard and inboard/outboard motors or to
dealer agreements relating to canoes.
Added by Laws 1989, c. 346, § 37, emerg. eff. June 3, 1989. Amended
by Laws 1990, c. 304, § 9, emerg. eff. May 30, 1990; Laws 1993, c.
321, § 2, emerg. eff. June 7, 1993.
§63-4037.1. Relocating existing dealership within or into relevant
market area where same product line is represented.
In the event that a dealer seeks to establish a new vessel or new
motor dealership or relocate an existing vessel or motor dealership
within or into a relevant market area where the same product line is
then represented, the dealer shall notify the Tax Commission and each
new vessel or new motor dealer of such product line in the relevant
market area of the intention to establish or relocate a dealership
within or into that market area. The relevant market area is the
area within a radius of fifteen (15) miles of the site of the
proposed new vessel or new motor dealership. Within fifteen (15)
days of receiving such notice such new vessel or new motor dealer may
file with the Commission a protest to the establishing or relocating
of the proposed new vessel or new motor dealership. When such a
protest is filed, the Commission shall inform the dealer that a
timely protest has been filed, and that the dealer shall not
establish or relocate the proposed new vessel or new motor dealership
until the Commission has held a hearing, nor thereafter, if the
Commission has determined that there is good cause for not permitting
such new vessel or new motor dealership. The manufacturer or factory
representative of the same product line may obtain a waiver of
protest from each new vessel or new motor dealer of the same product
line within that relevant market area. If a waiver of protest from
each dealer within the relevant market area is not attached to the
application for the new dealer seeking to establish, the Commission
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shall render a final decision no later than sixty (60) days after the
Commission's receipt of the notice of protest. In any hearing held
pursuant to this section on additional dealerships or relocation of
dealerships the new dealer or existing dealer relocating shall have
the burden of proof. For the purposes of this section, the reopening
in a relevant market area of a new vessel or new motor dealership
that has not been in operation for two (2) years or more shall be
deemed the establishment of a new vessel or new motor dealership.
For the purpose of this section, the designation of an additional
location in an existing dealership agreement shall be deemed to be
the establishment of a new vessel or new motor dealership.
Added by Laws 1990, c. 304, § 11, emerg. eff. May 30, 1990.
§63-4037.2. Good cause for not relocating additional dealership for
same product line - Circumstances considered.
In determining whether good cause has been established for not
entering into or relocating an additional dealership for the same
product line, the Tax Commission shall take into consideration the
existing circumstances, including, but not limited to:
1. Permanency of the investment of the proposed dealership;
2. Effect on the retail new vessel or new motor business and the
consuming public in the relevant market area;
3. Whether it is injurious to the public welfare for an
additional new vessel or new motor dealership to be established;
4. Whether the new vessel or new motor dealers of the same line-
make in that relevant market area are providing adequate competition
and convenient consumer care for the new vessel or new motor and
service facilities, equipment, supply of new vessel or new motor
parts, and qualified service personnel; and
5. Whether the establishment of an additional new vessel or new
motor dealership would increase competition, and therefore be in the
public interest.
Added by Laws 1990, c. 304, § 12, emerg. eff. May 30, 1990.
§63-4038. Designated successor of deceased or incapacitated new
vessel dealer - Continuation of existing dealer agreement - Refusal
to honor succession - Notice.
A. A designated successor of a deceased or incapacitated new
vessel dealer may succeed the dealer in the ownership or operation of
the dealership under the existing dealer agreement, if the designated
successor gives the manufacturer or distributor written notice of his
intention to succeed to the dealership within sixty (60) days after
the dealer's death or incapacity and agrees to be bound by all of the
terms and conditions of the dealer agreement. A manufacturer or
distributor may refuse to honor the existing dealer agreement with
the designated successor for good cause or criteria agreed to in the
existing dealer agreement, and may require the designated successor
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to supply personal and financial data necessary to determine whether
the existing dealer agreement should be honored.
B. Within sixty (60) days after receiving the notice of the
designated successor's intent to succeed the dealer in the ownership
and operation of the dealership or within sixty (60) days after
receiving the requested personal and financial data, whichever last
occurs, if a manufacturer or distributor believes that good cause or
other criteria exists for refusing to honor the succession, the
manufacturer or distributor may serve upon the designated successor
notice of its refusal to approve the succession.
Added by Laws 1989, c. 346, § 38, emerg. eff. June 3, 1989.
§63-4039. Termination of dealer agreement - Continued sale of parts.
After the termination of the dealer agreement by the
manufacturer, the manufacturer shall continue to sell parts to the
dealer in order that the dealer may continue to service any ofthe
manufacturer's products which the dealer may have sold to customers
prior to termination for a period not to exceed eighteen (18) months
from the date of termination.
Added by Laws 1989, c. 346, § 39, emerg. eff. June 3, 1989.
§63-4039.1. Commercial vessel dealer - Docking of vessels for sale.
Any currently licensed Oklahoma vessel dealer owning a commercial
marina on the waters of this state may dock his vessels for sale at
his marina.
Added by Laws 1991, c. 126, § 7, emerg. eff. April 29, 1991. Amended
by Laws 1992, c. 284, § 21, eff. Jan. 1, 1993.
§63-4040. Brokers prohibited - Exception.
A. It shall be unlawful to be a broker.
B. For the purposes of this section, "broker" means a person
who, for a fee, commission or other valuable consideration, arranges
or offers to arrange a transaction involving the sale, for purposes
other than resale, of a new or used vessel or new or used motor, and
who is not:
1. A new or used vessel or new or used motor dealer or agent or
employee of such a dealer; or
2. A distributor or an agent or employee of such a distributor.
However, an individual shall not be deemed to be a broker if the
individual is the owner of the new or used vessel or new or used
motor which is the object of the brokering transaction.
Added by Laws 1989, c. 346, § 40, eff. Jan. 1, 1990. Amended by Laws
2003, c. 393, § 4, emerg. eff. June 4, 2003.
§63-4041. Violations - Denial, revocation or suspension of license -
Fine.
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The Oklahoma Tax Commission may deny an application for a
license, or revoke or suspend a license or impose a fine not to
exceed Five Hundred Dollars ($500.00) against a dealer for each day
that any provision of this section or Sections 4033 through 4040 of
this title is violated or for any of the following reasons:
1. On satisfactory proof of unfitness of the applicant in any
application for any license pursuant to the provisions of the
Oklahoma Vessel and Motor Registration Act;
2. For any material misstatement made by an applicant in any
application for any license pursuant to the provisions of the
Oklahoma Vessel and Motor Registration Act;
3. For any failure to comply with any provision of the Oklahoma
Vessel and Motor Registration Act or any rule promulgated by the
Commission under authority vested in it by the Oklahoma Vessel and
Motor Registration Act, Section 4002 et seq. of this title;
4. A change of condition after license is granted resulting in
failure to maintain the qualifications for license;
5. Being a dealer who:
a. has required a purchaser of a new vessel or motor, as a
condition of sale and delivery thereof, to also
purchase special features, appliances, accessories or
equipment not desired or requested by the purchaser and
installed by the dealer,
b. uses any false or misleading advertising in connection
with his business as such a dealer,
c. has committed any unlawful act which resulted in the
revocation of any similar license in another state,
d. has failed or refused to perform any written agreement
with any retail buyer involving the sale of a vessel or
motor,
e. has been convicted of a crime involving moral
turpitude,
f. has committed a fraudulent act in selling, purchasing,
or otherwise dealing in vessels or motors or has
misrepresented the terms and conditions of a sale,
purchase, or contract for sale or purchase of a vessel
or motor or any interest therein including an option to
purchase such vessel or motor, or
g. has failed to meet or maintain the conditions and
requirements necessary to qualify for the issuance of a
license;
6. Being a dealer who does not have an established place of
business;
7. Being a new vessel or new motor dealer who:
a. does not provide for a suitable repair shop separate
from the display room with ample space to repair or
recondition one or more vessels or motors at the same
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time, and which is equipped with such parts, tools and
equipment as may be requisite for the servicing of
vessels or motors in such a manner as to make them
comply with the safety laws of this state and to
properly fulfill the dealer's or manufacturer's
warranty obligation. Provided that the provisions of
this subparagraph shall not apply to:
(1) mercantile establishments engaged in the selling
of vessels and motors if:
(a) such vessel and motor business does not
constitute more than ten percent (10%) of the
business of such establishment,
(b) the vessels sold at such establishment are
under fourteen (14) feet in length, and
(c) the outboard motors sold at such
establishment are under ten (10) horsepower,
or
(2) dealers which are engaged solely in the business
of selling canoes. For the purposes of this
subsection, "canoe" shall mean a vessel that is
long relative to its width, that has curved sides
and is tapered to two (2) pointed ends, or is
tapered to one (1) pointed end and blunt on the
other end, and is generally of traditional shape,
b. does not hold a dealer agreement in effect with a
manufacturer or distributor of new vessels or motors
for the sale of the same and is not authorized by the
manufacturer or distributor to render predelivery
preparation of such vessels or motors sold to
purchasers and to perform any authorized post-sale work
pursuant to the manufacturer's or distributor's
warranty, or
c. does not properly service a new vessel or motor before
delivery of same to the original purchaser thereof.
Added by Laws 1989, c. 346, § 41, eff. Jan. 1, 1990. Amended by Laws
1990, c. 304, § 10, emerg. eff. May 30, 1990; Laws 1992, c. 284, §
22, eff. Jan. 1, 1993.
§63-4042. Denial, suspension or revocation of license - Hearing -
Notice - Production of documents - Subpoena - Witnesses.
The Commission may deny any application for license, or suspend
or revoke a license issued or impose a fine, only after a hearing of
which the applicant, or licensee affected, shall be given at least
ten (10) days' written notice specifying the reason for denying the
applicant a license, or, in the case of a revocation or suspension or
imposition of a fine, the offenses of which the licensee is charged.
Such notices may be served as provided by law for the service of
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notices, or by mailing a copy by registered mail to the last-known
residence or business address of such applicant or licensee. The
hearing on such charges shall be at such time and place as the
Commission may prescribe and the aforementioned notice shall further
specify the time and place. The Commission shall have the power to
compel the production of all records, papers and other documents
which may be deemed relevant to the proceeding bearing upon the
complaints. The Commission shall have the power to subpoena and
bring before it any person, or take testimony of any such person by
deposition, with the same fees and mileage and in the same manner as
prescribed in proceedings before courts of the state in civil cases.
Any party to such hearing shall have the right to the attendance of
witnesses in his behalf upon designating to the Commission the person
or persons sought to be subpoenaed.
Added by Laws 1989, c. 346, § 42, eff. Jan. 1, 1990.
§63-4043. Injunction - Parties.
The Commission is hereby authorized, without cost, bond or
deposit, to institute injunctive actions in courts of competent
jurisdiction, in the name of the State of Oklahoma on the relation of
said Commission, to enforce the provisions of Sections 4033 through
4042 of this title. Any licensee or other person who violates or
threatens to violate any provision of Sections 4033 through 4042 of
this title or rule or regulation enacted thereunder or order of the
Commission may be enjoined from so doing.
Laws 1989, c. 346, § 43, eff. Jan. 1, 1990; Laws 1992, c. 284, § 23,
eff. Jan. 1, 1993.
§63-4044. Permits for displays and sales of new vessels or motors
held off premises of licensed dealer.
The Oklahoma Tax Commission shall issue permits for displays and
sales of new vessels or motors which are held off the premises of a
licensed dealer thereof as follows:
1. A promotion by an individual new vessel or motor dealer which
is held off the premises of such dealer and at which sales activities
are conducted may be held only under the following conditions:
a. the dealer participates in an advertised vessel or
motor show in which at least two other vessel or motor
dealers are participating,
b. application for a permit for a sales promotion by an
individual dealer shall be made to the Commission at
least seven (7) calendar days prior to such promotion,
and such permit shall be issued by the Commission upon
payment of a fee of Fifty Dollars ($50.00) per event,
c. the permit shall be valid for a period not to exceed
fourteen (14) consecutive days, and
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d. the Commission shall not issue a permit to a dealer if
he has obtained a permit within the past forty-five
(45) calendar days for the same location;
2. A dealer may not be denied a permit on the grounds that the
sales promotion is to be held within the relevant market area of
another dealer of the same product line;
3. A dealer who fails to obtain such a permit shall be subject
to the penalties and fines provided for in Section 4041 of Title 63
of the Oklahoma Statutes.
Provided, a permit shall not be required pursuant to the
provisions of this section for a display or sale of new vessels or
motors which is held off the premises of a licensed dealer if the
display or sale is held within a twenty-five (25) mile radius of the
location of the dealership; and
4. Prior to the completion of a sale at an off-premises
location, the dealer shall be required to disclose in writing to any
person purchasing a new vessel or motor the following information:
a. that location of the dealership making the sale, and
b. that other dealers may not be willing to do repair or
warranty work on vessels not purchased at their
dealership.
Any salesperson working at an off-premises location shall not wear
any identification or clothing indicating an affiliation with another
retailer.
Added by Laws 1990, c. 315, § 6, eff. July 1, 1990. Amended by Laws
1992, c. 284, § 24, eff. Jan. 1, 1993; Laws 1993, c. 321, § 3, emerg.
eff. June 7, 1993; Laws 1997, c. 55, § 1, eff. Nov. 1, 1997.
§63-4101. Short title - Definitions.
A. This section and Sections 4102 through 4108 of this title
shall be known and may be cited as the "Oklahoma Vessel and Motor
Excise Tax Act".
B. The terms used in the Oklahoma Vessel and Motor Excise Tax
Act shall have the same definitions as those terms are defined by the
Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of
this title.
Laws 1989, c. 346, § 44, eff. Jan. 1, 1990; Laws 1992, c. 284, § 25,
eff. Jan. 1, 1993.
§63-4102. Administration by Oklahoma Tax Commission - Execution of
forms, declarations, applications, statements or other information in
writing.
A. The Oklahoma Tax Commission is hereby granted authority and
jurisdiction to administer the Oklahoma Vessel and Motor Excise Tax
Act, and the Commission is hereby authorized to promulgate, adopt and
enforce all necessary rules and regulations and to prescribe all
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forms which it deems necessary to carry the Oklahoma Vessel and Motor
Excise Tax Act into effect and to enforce the provisions thereof.
B. All forms, declarations, applications, statements or other
information in writing and executed by owners or representatives of
owners are hereby declared to be executed and shall be considered to
be executed under penalties of perjury.
Added by Laws 1989, c. 346, § 45, eff. Jan. 1, 1990.
§63-4103. Excise tax - Amount - When due - Delinquency - Failure or
refusal to pay - Penalty - Exceptions - Credits.
A. There is hereby levied an excise tax of three and one-fourth
percent (3 1/4%) of the value of each vessel and motor upon the
transfer of legal ownership of any such vessel or motor registered in
this state and upon the use of any such vessel or motor registered in
this state, and upon the use of any such vessel or motor registered
for the first time in this state required to be registered pursuant
to the Oklahoma Vessel and Motor Registration Act. The tax hereby
levied shall be due at the time of the transfer of legal ownership or
first registration in this state of such vessel or motor and shall be
collected by the Oklahoma Tax Commission at the time of the issuance
of a certificate of title for any such vessel or motor. The excise
tax levied by the Oklahoma Vessel and Motor Excise Tax Act shall be
delinquent from and after the thirtieth day after the legal ownership
or possession of any vessel or motor is obtained. Any person failing
or refusing to pay the tax as herein provided on or before the date
of delinquency shall pay, in addition to the tax, a penalty of
twenty-five cents ($0.25) per day for each day of delinquency, but
such penalty shall in no event exceed the amount of the tax.
B. The provisions of this section shall not apply to transfers
made without consideration between husband and wife or parent and
child.
C. There shall be a credit allowed with respect to the excise
tax paid for a new vessel or motor which is a replacement for:
a. a new original vessel or motor which is stolen from the
purchaser/registrant within ninety (90) days of the
date of purchase of the original vessel or motor as
certified by a police report or other documentation as
required by the Commission, or
b. a defective new original vessel or motor returned by
the purchaser/registrant to the seller within six (6)
months of the date of purchase of the defective new
original vessel or motor as certified by the
manufacturer.
Said credit shall be in the amount of the excise tax which was
paid for the new original vessel or motor and shall be applied to the
excise tax due on the replacement vessel or motor. In no event will
said credit be refunded.
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Added by Laws 1989, c. 346, § 46, eff. Jan. 1, 1990.
§63-4104. Apportionment and distribution of revenue.
All revenue derived under the Oklahoma Vessel and Motor Excise
Tax Act, Section 4102 et seq. of this title, shall be apportioned and
distributed by the Oklahoma Tax Commission as provided for in Section
1101 of Title 47 of the Oklahoma Statutes of the Oklahoma Vehicle
License and Registration Act.
Laws 1989, c. 346, § 47, eff. Jan. 1, 1990; Laws 1992, c. 284, § 26,
eff. Jan. 1, 1993.
§63-4105. Value of vessel or motor - Time, method of determination -
Disputed value.
A. The value of any vessel or motor for the purposes of the
excise tax levied by Section 4103 of this title shall be determined
as of the time the person applying for a certificate of title thereto
obtained either legal ownership or possession of the vessel or motor
which shall be the actual date of the sale or other transfer of legal
ownership, which date shall be shown by the assignment on the
certificate of title or, in the case of a new vessel or motor on the
manufacturer's certificate or statement of origin hereby required,
and by the application for registration, required to be furnished by
the licensed dealer for use by the purchaser. The value of a new
vessel or new motor for excise tax purposes shall be the
manufacturer's price of such vessel or motor delivered at the
factory. As used herein, the manufacturer's factory-delivered price
shall represent the recommended retail selling price and shall not
mean the wholesale price to a dealer. Further, for purposes of the
Oklahoma Vessel and Motor Excise Tax Act, Section 4102 et seq. of
this title, a new vessel or new motor used by a licensed dealer for
demonstration purposes shall be considered a new vessel or new motor
upon the first time sale and registration of such vessel or motor.
The value of a used vessel or used motor shall be sixty-five percent
(65%) of the manufacturer's price of such vessel or motor delivered
at the factory for subsequent transfers for the first year and for
the second year and sixty-five percent (65%) of the value of the
previous year so fixed for each successive year for which such vessel
or motor is registered and licensed in this or any other state, until
such vessel or motor reaches a minimum value of Two Hundred Fifty
Dollars ($250.00).
B. The Commission shall have the authority in cases of dispute
to determine the factory delivered price or price of any vessel or
motor.
C. In computing the excise tax, the fees collected shall be
rounded to the nearest dollar.
Laws 1989, c. 346, § 48, eff. Jan. 1, 1990; Laws 1992, c. 284, § 27,
eff. Jan. 1, 1993.
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§63-4106. Exemptions.
An original or a transfer certificate of title shall be issued
without the payment of the excise tax levied by this act for:
1. Any vessel or motor owned by a nonresident which is already
registered in another state and has been in Oklahoma for a period in
excess of sixty (60) calendar days in any single registration year.
2. Any vessel or motor brought into this state by a person
formerly living in another state, who has owned and registered said
vessel or motor in such other state of his residence at least sixty
(60) calendar days prior to the time it is required to be registered
in this state;
3. Any vessel or motor registered by the United States, State of
Oklahoma or by any of the political subdivisions thereof;
4. Any vessel or motor the legal ownership of which is obtained
by the applicant for a certificate of title by inheritance;
5. Any vessel or motor which is owned and being offered for sale
by a person licensed as a dealer under the provisions of the Oklahoma
Vessel and Motor Registration Act, registered in Oklahoma and the
excise tax paid thereon;
6. Any vessel or motor, the ownership of which was obtained by
the lienholder or mortgagee under or by foreclosure of a lien or
mortgage in the manner provided by law or to the insurer under
subrogated rights arising by reason of loss under an insurance
contract;
7. Any vessel or motor, the legal ownership of which is obtained
by transfers:
a. from one corporation to another corporation pursuant to
a reorganization. As used in this section, the term
"reorganization" means:
(1) a statutory merger or consolidation, or
(2) the acquisition by a corporation of substantially
all of the properties of another corporation when
the sole consideration is all or a part of the
voting stock of the acquiring corporation, or of
its parent or subsidiary corporation;
b. in connection with the winding up, dissolution or
liquidation of a corporation only when there is a
distribution in kind to the shareholders of the
property of such corporation;
c. to a corporation for the purpose of organization of
such corporation when the former owners of the vessel
or motor transferred are immediately after the transfer
in control of the corporation, and the stock or
securities received by each is substantially in
proportion to his interest in the vessel or motor prior
to the transfer;
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d. to a partnership in the organization of such
partnership if the former owners of the vessel or motor
transferred are, immediately after the transfer,
members of such partnership and the interest in the
partnership received by each is substantially in
proportion to his interest in the vessel or motor prior
to the transfer;
e. from a partnership to the members thereof when made in
the dissolution of such partnership;
8. All vessels or motors owned by the council organizations or
similar state supervisory organizations of the Boy Scouts of America,
Girl Scouts of U.S.A. and the Campfire Girls; and
9. All vessels or motors owned by organizations which are exempt
from taxation pursuant to the provisions of Section 501(c)(3) of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and which are
primarily devoted to the establishment, development, operation,
promotion, and participation in, alone or in conjunction with others,
educational and training programs and competitive events to provide
knowledge, information, or comprehensive skills related to the sports
of sailing, fishing, boating, and other aquatic related activities.
Added by Laws 1989, c. 346, § 49, eff. Jan. 1, 1990. Amended by Laws
2006, c. 272, § 7, eff. Nov. 1, 2006.
§63-4107. Tax in lieu of all other taxes - Sales tax on unattached
accessories.
A. The excise tax levied by the Oklahoma Vessel and Motor Excise
Tax Act is in lieu of all other taxes on the transfer or the first
registration in this state of vessels and motors, including the
optional equipment and accessories attached thereto at the time of
the sale and sold as a part thereof, except:
1. Vessel and motor registration fees levied pursuant to the
provisions of the Oklahoma Vessel and Motor Registration Act; and
2. Any fees for the issuance of either an original, renewal,
transfer or duplicate certificate of title.
B. This section shall not relieve any vessel or motor dealer
from liability for the sales tax on all sales of accessories or
optional equipment, or parts, which are not attached to and sold as a
part thereof and included in the sale of such vessels or motors.
Added by Laws 1989, c. 346, § 50, eff. Jan. 1, 1990.
§63-4108. Failure or refusal to pay tax - Report to Commission -
Seizure - Hearing - Sale.
A. In any case where the owner of a vessel or motor subject to
the tax levied by the Oklahoma Vessel and Motor Excise Tax Act fails
or refuses to pay the same, after proper demand therefor by an
officer or agent of the Oklahoma Tax Commission, such officer or
agent shall immediately report such failure to the Commission and
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shall, at the same time in case of failure to pay, seize and hold
said vessel or motor, as provided by law in case of failure to pay
the annual vessel or motor registration fee.
B. The Commission shall, upon demand of the owner of the vessel
or motor, accord a hearing to said owner as provided by law and enter
its findings and order accordingly. If it is determined by the
Commission that said tax is due and payable, then it shall issue its
warrant, directly to the sheriff of the county, ordering and
directing the sale of such vessel or motor according to the same
procedure provided by law for the sale of vessels and motors for
failure to pay the required registration fee. Such seizure and sale
may, at the time, include both the registration fee due and the
excise tax levied by the Oklahoma Vessel and Motor Excise Tax Act,
together with all costs of an advertisement and sale. The sale shall
be conducted in the manner provided by law for the sale of personal
property under execution.
Added by Laws 1989, c. 346, § 51, eff. Jan. 1, 1990.
§63-4200. Short title.
Section 4201 et seq. of this title shall be known and may be
cited as the "Oklahoma Boating Safety Regulation Act".
Added by Laws 1989, c. 346, § 52, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 28, eff. Jan. 1, 1993.
§63-4201. Definitions.
In addition to the terms defined by the Oklahoma Vessel and Motor
Registration Act, for the purposes of the Oklahoma Boating Safety
Regulation Act:
1. "Buoy" means an anchored marker for marking a position on the
water, or a hazard, shoal or mooring, or any other prohibitive
activity area;
2. "Capacity plate" means a sign posted in view of the
operator's station on a vessel which designates the maximum weight
capacity and horsepower restrictions of a vessel for safe operation;
3. "Diver's flag" means a red flag not less than twenty (20)
inches by twenty-four (24) inches with a four-inch white stripe
running from one upper corner to a diagonal lower corner, and such
flag is used to indicate a submerged diver;
4. "Emergency vessel" means any law enforcement vessel which is
legally authorized to operate in the emergency mode;
5. "Law enforcement vessel" means any vessel legally authorized
to operate under the color of law;
6. “Lienholder” means a person holding a security interest in a
vessel, as shown on the vessel title;
7. "Manipulate" means to guide, steer or otherwise control;
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8. "Marine sewage" means any substance, treated or untreated,
that contains any of the waste products of humans or animals or
foodstuffs;
9. "Marine toilet" means any latrine, head, lavatory or toilet
intended to receive marine sewage and which is located on or in any
vessel;
10. "Operator" means the person who operates, has actual
physical control, or has charge of the navigation or use of a vessel;
11. "Parasail" means any device which, when airborne, is used or
capable of being used for lifting or suspending a person who is being
or will be towed by a vessel;
12. “Passenger” means any person riding in or upon any vessel or
being towed for recreation on water skis, an inner tube, kneeboard,
parasail or any similar device;
13. "Personal flotation device" means only a United States Coast
Guard approved flotation device;
14. "Personal watercraft" means a vessel which uses an inboard
motor powering a water jet pump as its primary source of motive power
and which is designed to be operated by a person sitting, standing or
kneeling on the vessel, rather than the conventional manner of
sitting or standing inside the vessel, or a vessel which is similar
in appearance and operation to a personal watercraft but which is
powered by an outboard or propeller driven motor, or a vessel less
than sixteen (16) feet in length which travels across the water above
or on a cushion of air provided by engines, propellers or other means
of propulsion;
15. "Sanctioned event" means any organized event on the waters
of this state, including but not limited to regattas, motorboat or
other boat races, marine parades, tournaments and exhibitions, which
is approved and permitted by an authorizing agency;
16. "Under way" means the movement of a vessel whether by
mechanical or nonmechanical means which is other than incidental to
the force of wind, waves or current; and
17. "Wake" means the track of waves left by a vessel or other
object moving through the water, and such waves are greater than the
natural waves in the immediate area of the vessel, or are cresting
and showing white water, or may cause injury or damage to any person
or property.
Added by Laws 1989, c. 346, § 53, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 29, eff. Jan. 1, 1993; Laws 2002, c. 66, § 2;
Laws 2008, c. 95, § 1, eff. Nov. 1, 2008.
§63-4202. Administration and enforcement of act - Promulgation of
rules - Forms.
The Department of Public Safety is hereby granted authority and
jurisdiction to administer and enforce all provisions of the Oklahoma
Boating Safety Regulation Act, Section 4201 et seq. of this title,
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and the Oklahoma Vessel and Motor Registration Act, Section 4002 et
seq. of this title. The Department is authorized to promulgate and
enforce all necessary rules pursuant to Article 1 of the
Administrative Procedures Act, Section 250 et seq. of Title 75 of the
Oklahoma Statutes, and shall prescribe all forms it deems necessary
to implement the provisions of the Oklahoma Boating Safety Regulation
Act.
Laws 1989, c. 346, § 54, emerg. eff. June 3, 1989; Laws 1992, c. 284,
§ 30, eff. Jan. 1, 1993.
§63-4202.1. Operators of emergency vessels - Exercise of certain
privileges.
A. The operator of an emergency vessel, when responding to an
emergency call, when in the pursuit of an actual or suspected
violator of the law, or when responding to but not upon returning
from a response to an emergency situation, may exercise the privilege
set forth in this section, subject to the conditions set forth in
subsection B of this section.
B. The operator of an emergency vessel may:
1. Park, moor or beach the vessel irrespective of the provisions
of this title;
2. Proceed past a restrictive buoy, but only after slowing down
as may be necessary for safe operation;
3. Exceed the maximum speed or wake limits so long as that
action does not endanger life or property; and
4. Disregard rules governing direction of movement or turning in
specified directions.
C. The exemptions granted in this section shall apply only when
an emergency vessel is making use of audible and visual signals
meeting the requirements of Section 4207 of this title.
D. The provisions of this section shall not relieve the operator
of an emergency vessel from the duty to drive with due regard for the
safety of all persons or protect the driver from the consequences of
reckless disregard for the safety of others.
Added by Laws 1997, c. 199, § 2, eff. Nov. 1, 1997.
§63-4203. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4204. Administration and enforcement of Act upon waters under
jurisdiction of Grand River Dam Authority - Authority as motor
license agent - Remission of fees.
A. The provisions of the Oklahoma Boating Safety Regulation Act
shall apply to the waters of this state under the jurisdiction of the
Grand River Dam Authority, provided, the Department of Public Safety
may have jurisdiction to administer and enforce the provisions of the
Oklahoma Boating Safety Regulation Act upon waters of this state
under the jurisdiction of the Grand River Dam Authority. The
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administration and enforcement of the Oklahoma Boating Safety
Regulation Act upon the waters under the jurisdiction of the Grand
River Dam Authority are vested in the Grand River Dam Authority.
Said Authority, and its employees, shall, except as otherwise
provided in this section, have the same authority with respect to the
enforcement and administration of the Oklahoma Boating Safety
Regulation Act upon such waters as are vested by the Oklahoma Boating
Safety Regulation Act in the Department of Public Safety with respect
to the other waters of this state.
B. The Authority may be designated by the Oklahoma Tax
Commission as a motor license agent to award numbers and issue
certificates of title and registration for vessels and motors in
accordance with the provisions of the Oklahoma Vessel and Motor
Registration Act and with any rules and regulations of the said
Oklahoma Tax Commission either from blocks of numbers and
certificates assigned to said Authority by said Oklahoma Tax
Commission or such other method as shall be prescribed by the
Oklahoma Tax Commission. The Authority shall remit all fees
collected by it pursuant to this section to the Oklahoma Tax
Commission to be apportioned and deposited in accordance with the
provisions of the Oklahoma Vessel and Motor Registration Act.
Added by Laws 1989, c. 346, § 56, emerg. eff. June 3, 1989.
§63-4205. Sanctioned water events - Administering entities - Safety
rules - Permits - Filing of notification of event - Holding event in
unsafe manner or unsafe environmental conditions.
A. The United States Army Corps of Engineers, the Oklahoma
Department of Tourism and Recreation, and the Grand River Dam
Authority may authorize the holding of sanctioned events on any
waters of this state under their jurisdiction. Said administering
entities shall promulgate rules pursuant to Article 1 of the Oklahoma
Administrative Procedures Act, concerning the safety of other vessels
and persons thereon, both observers and participants. No sanctioned
event shall be held without a written permit from said administering
entity, and said written permit shall be available for inspection at
all times during the event.
B. Whenever a sanctioned event is proposed to be held, the
administering entity shall, upon granting approval to hold such event
and at least ten (10) days prior thereto, file a notification in
writing of said event with the Marine Enforcement Section of the
Highway Patrol Division of the Department of Public Safety. Such
notification shall set forth the date, time, location where the
sanctioned event is proposed to be held, the type of event and the
person in charge of said event.
C. No person shall hold or give permission to hold any
sanctioned event in an unsafe manner or under unsafe environmental
conditions so as to endanger life or property. Should any duly
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authorized peace officer of this state determine within their
jurisdiction that such event is being held or conducted in an unsafe
manner or under unsafe environmental conditions, such officer shall
have the authority to cancel or terminate said event.
Added by Laws 1989, c. 346, § 57, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 31, eff. Jan. 1, 1993; Laws 2000, c. 189, §
11, eff. July 1, 2000; Laws 2011, c. 104, § 5, eff. Nov. 1, 2011.
§63-4206. Use of personal flotation devices.
A. 1. The operator of a vessel less than twenty-six (26) feet
in length, while under way, shall require each passenger who is
twelve (12) years of age or younger to wear a personal flotation
device.
2. Any person operating or manipulating, or who is a passenger
on a personal watercraft, water skis, a sailboard or a similar device
shall wear a personal flotation device approved and designed for the
activity in which the person is engaged.
B. Each personal flotation device shall be in good and
serviceable condition, of the type prescribed by the United States
Coast Guard and of a size suitable to the person who is or will be
wearing it. A ski belt is not a United States Coast Guard approved
personal flotation device.
Added by Laws 1989, c. 346, § 58, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 32, eff. Jan. 1, 1993; Laws 1997, c. 199, §
3, eff. Nov. 1, 1997.
§63-4207. Lights and other equipment.
A. Every vessel in all weathers between the hours from sunset to
sunrise and during periods of restricted visibility shall carry and
exhibit the lights prescribed by the United States Coast Guard when
under way, including, but not limited to, the following:
1. Every power-driven vessel shall carry and exhibit:
a. a masthead light forward. A vessel less than twenty
(20) meters, or less than sixty-five (65) feet seven
and one-half (7 1/2) inches in length need not exhibit
this light forward of amidships but shall exhibit it as
far forward as practicable, and
b. side lights, and
c. a stern light;
2. Any power-driven vessel of less than twelve (12) meters, or
less than thirty-nine (39) feet four and one-half (4 1/2) inches in
length may carry and exhibit, in lieu of the lights prescribed in
paragraph 1 of this subsection, an all-around white light and side
lights;
3. Every sailing vessel shall carry and exhibit:
a. side lights, and
b. a stern light;
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4. Any sailing vessel of less than twenty (20) meters, or less
than sixty-five (65) feet seven and one-half (7 1/2) inches, in
length may combine the lights prescribed in paragraph 3 of this
subsection within one lantern carried at or near the top of the mast
where it can be seen as nearly all-around as possible;
5. Any sailing vessel may carry and exhibit, in addition to the
lights prescribed in paragraph 3 of this subsection but not in
conjunction with any combination lantern as provided in paragraph 4
of this subsection, two all-around lights in a vertical line, the
upper being red and the lower being green, at or near the top of the
mast where they can be seen as nearly all-around as possible;
6. Every sailing vessel of less than seven (7) meters, or less
than twenty-three (23) feet eleven and one-half (11 1/2) inches in
length shall carry and exhibit if practicable, the lights prescribed
in paragraph 3 or 4 of this subsection. If such exhibition is not
practicable, there shall be carried ready at hand on the vessel a
lantern or flashlight showing a white light which shall be exhibited
in sufficient time to avert collision;
7. Every sailing vessel propelled by a combination of sail and
motor shall carry and exhibit the lights of a power-driven vessel
prescribed in paragraph 1 or 2 of this subsection;
8. Every manually powered vessel may carry and exhibit the
lights prescribed in this subsection for sailing vessels. If such
lights are not carried and exhibited, there shall be carried ready at
hand on the vessel a lantern or flashlight showing a white light
which shall be exhibited in sufficient time to avert collision; and
9. Every vessel at anchor shall carry and exhibit an all-around
white light in such a position where it may best be seen. The deck
of an anchored vessel may be illuminated by available auxiliary
lights, provided the auxiliary lights do not interfere with the
visibility of required lights or impair the safe navigation of other
vessels.
For purposes of this section, "restricted visibility" shall mean any
condition which restricts visibility including but not limited to
fog, mist, falling snow, heavy rain or sandstorm.
B. Every vessel shall be provided with an efficient whistle or
other sound-producing mechanical appliance; provided, however, no
vessel, except for emergency and law enforcement vessels, shall be
equipped with a siren.
C. Every vessel of eight (8) meters or greater, or twenty-six
(26) feet three (3) inches or greater, in length shall be equipped
with an efficient bell.
D. Every vessel shall be required to carry:
1. At least one wearable personal flotation device for each
person on board so placed as to be readily accessible and of a size
suitable to the person who is or will be wearing it; and
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2. At least one type IV (throwable) personal flotation device on
board, so placed as to be readily accessible. This paragraph shall
not apply to any vessel under sixteen (16) feet in length.
All lifesaving devices shall be in good and serviceable condition.
E. Every vessel using flammable liquid as fuel shall be equipped
with such number, size, and type of United States Coast Guard
approved fire extinguisher as prescribed in the rules of the
Department of Public Safety. Such extinguisher shall be capable of
promptly and effectively extinguishing burning fuel. Fire
extinguishers shall be at all times kept in condition for immediate
and effective use and shall be so placed and secured to the vessel as
to be readily accessible.
F. The provisions of subsections B, C, and E of this section
shall not apply to vessels while competing in any race conducted
pursuant to Section 4205 of this title, or, if such vessels are
designed and intended solely for racing, while engaged in such
navigation as is incidental to the tuning up of vessels and motors
for the race.
G. Every vessel shall have the carburetor or carburetors of
every motor therein, except outboard motors, using any liquid as
fuel, equipped with a United States Coast Guard or U.L. or S.A.E.
approved backfire flame arrestor or other appropriate attachment, as
prescribed by the rules of the Department of Public Safety.
H. Every vessel, except open vessels, using any liquid as fuel
shall be provided with such means as may be prescribed by the United
States Coast Guard for properly and efficiently ventilating the
bilges of the motor and fuel tank compartments so as to remove any
explosive or inflammable gases.
I. No person shall operate or give permission for the operation
of a vessel which is not equipped as required by this section or
modification thereof and as prescribed in the rules of the Department
of Public Safety.
Added by Laws 1989, c. 346, § 59, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 33, eff. Jan. 1, 1993; Laws 1997, c. 199, §
4, eff. Nov. 1, 1997; Laws 2003, c. 393, § 5, emerg. eff. June 4,
2003.
§63-4208. Noise control equipment and noise levels.
A. No person shall operate upon the waters of this state any
vessel or motor which is not equipped with a muffler or muffler
system in good working order. The use of cutouts, removal of
mufflers or muffler baffles, cutting or punching of holes in mufflers
or otherwise modifying the original muffler or muffling system
installed by the manufacturer or any subsequent muffler or muffling
system so as to increase or modify the noise level is prohibited.
This section shall not apply to vessels in the act of participating
in a sanctioned event.
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B. No person shall authorize, cause or permit unnecessary
sounding of any whistle, horn, bell, siren or other sound-producing
device on a vessel while such vessel is within any harbor limits or
in areas of congested vessel traffic.
Laws 1989, c. 346, § 60, emerg. eff. June 3, 1989; Laws 1992, c. 284,
§ 34, eff. Jan. 1, 1993.
§63-4209. Unlawful possession of vessel or motor - Penalties.
A person not entitled to possession of a vessel or motor who,
without the consent of the owner and with intent to deprive him of
the vessel or motor or its possession, takes, uses, or operates the
vessel or motor, upon conviction, shall be guilty of a felony and
shall be punished by a fine of not more than One Thousand Dollars
($1,000.00), or by imprisonment for not more than five (5) years, or
by both such fine and imprisonment.
Laws 1989, c. 346, § 61, emerg. eff. June 3, 1989; Laws 1992, c. 284,
§ 35, eff. Jan. 1, 1993.
§63-4209.1. Knowingly receiving, possessing, selling or disposing of
stolen or converted vessel or motor - Penalties.
A person not entitled to the possession of a vessel or motor who
receives, possesses, sells or disposes of such vessel or motor,
knowing said vessel or motor to be stolen or converted under
circumstances constituting a crime, upon conviction, shall be guilty
of a felony and shall be punished by a fine of not more than One
Thousand Dollars ($1,000.00), or by imprisonment for not more than
five (5) years, or by both such fine and imprisonment.
Added by Laws 1992, c. 284, § 36, eff. Jan. 1, 1993.
§63-4209.2. Removing or falsifying identification number of vessel
or motor - Penalties.
A. As used in this section:
1. "Identification number" includes any identifying number,
serial number, motor serial number or other distinguishing number or
mark, placed on a vessel or motor by its manufacturer or by authority
of the Oklahoma Tax Commission or in accordance with the laws of
another state or country;
2. "Remove" includes deface, cover and destroy; and
3. "Falsify" includes alter and forge.
B. Any person or persons who shall remove or falsify or cause to
be removed or falsified the hull identification number of a vessel or
motor in this state, without first giving notice of such act to the
Oklahoma Tax Commission, upon such form as the Commission may
prescribe, or any person who shall give a wrong description in any
application for the registration of any vessel or motor in this state
for the purpose of concealing or hiding the identity of such vessel
or motor, upon conviction, shall be guilty of a felony and shall be
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punished by imprisonment in the State Penitentiary for a term of not
less than one (1) year and not more than five (5) years.
C. A person who buys, receives, possesses, sells or disposes of
a vessel or motor, knowing that the identification number of the
vessel or motor has been removed or falsified, upon conviction, shall
be guilty of a misdemeanor.
D. A person who buys, receives, possesses, sells or disposes of
a vessel or motor, knowing that the identification number of the
vessel or motor has been removed or falsified and with intent to
conceal or misrepresent the identity of the vessel or motor, upon
conviction, shall be guilty of a felony and shall be punished by a
fine of not more than One Thousand Dollars ($1,000.00), or by
imprisonment for not more than five (5) years, or by both such fine
and imprisonment.
E. An identification number may be placed on a vessel or motor
by its manufacturer in the regular course of business or placed or
restored on a vehicle or engine by authority of the Commission
without violating this section. An identification number so placed
or restored is not falsified.
Added by Laws 1992, c. 284, § 37, eff. Jan. 1, 1993.
§63-4209.3. Making false statement in application for certificate of
title or assignment thereof for stolen vessel or motor - Penalties.
Any person who shall knowingly make any false statement of a
material fact, either in his application for a certificate of title,
as provided for in this title, or in any assignment thereof, or who,
with intent to procure or pass title to a vessel or motor which he
knows or has reason to believe has been stolen, or who shall receive
or transfer possession of the same from or to another, or who shall
have in his possession any vessel or motor which he knows or has
reason to believe has been stolen, and who is not a duly authorized
peace officer of this state engaged at the time in the performance of
his duty as such officer, upon conviction, shall be guilty of a
felony and shall be punished by a fine of not less than One Hundred
Dollars ($100.00) and not more than Five Thousand Dollars
($5,000.00), or imprisonment in the State Penitentiary for a period
of not less than one (1) year nor more than ten (10) years, or by
both such fine and imprisonment, at the discretion of the court.
This provision shall not be exclusive of any other penalties
prescribed by an existing or future law for the larceny or
unauthorized taking of a vessel or motor.
Added by Laws 1992, c. 284, § 38, eff. Jan. 1, 1993.
§63-4209.4. Altering or forging certificate of title or assignment
thereof - Penalties.
Any person who shall alter or forge, or cause to be altered or
forged, any certificate of title issued by the Oklahoma Tax
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Commission, pursuant to the provisions of this title, or any
assignment thereof, or who shall hold or use any such certificate or
assignment, knowing the same to have been altered or forged, upon
conviction, shall be guilty of a felony and shall be punished by a
fine of not less than Fifty Dollars ($50.00), and not more than Five
Thousand Dollars ($5,000.00), or by imprisonment in the State
Penitentiary for a period of not less than one (1) year, nor more
than ten (10) years, or by both such fine and imprisonment, at the
discretion of the court.
Added by Laws 1992, c. 284, § 39, eff. Jan. 1, 1993.
§63-4209.5. Injuring, tampering with or damaging vessel or motor or
accessories, appurtenances or attachments thereto - Climbing into or
upon vessel with intent to commit crime.
A. A person who, with intent and without right to do so, injures
or tampers with any vessel or motor or in any other manner damages
any part or portion of said vessel or motor or any accessories,
appurtenance or attachments thereto, upon conviction, shall be guilty
of a misdemeanor.
B. A person who, without right to do so and with intent to
commit a crime, climbs into or upon a vessel whether it is in motion
or at rest, attempts to manipulate any of the levers, starting
mechanism or other mechanism or device of a vessel while the same is
at rest and unattended, or sets in motion any vessel while the same
is at rest and unattended, upon conviction, shall be guilty of a
misdemeanor.
Added by Laws 1992, c. 284, § 40, eff. Jan. 1, 1993.
§63-4209.6. Falsely reporting theft or conversion of vessel or
motor.
A person who knowingly makes a false report of the theft or
conversion of a vessel or motor to any duly authorized peace officer
of this state, upon conviction, shall be guilty of a misdemeanor.
Added by Laws 1992, c. 284, § 41, eff. Jan. 1, 1993.
§63-4209.7. Additional unlawful acts - Penalties.
A. Except as otherwise authorized by law, it shall be unlawful
for any person to commit any of the following acts:
1. To lend or to sell to, or knowingly permit the use of by, one
not entitled thereto any certificate of title or certificate of
registration issued to or in the custody of the person so lending or
permitting the use thereof;
2. To alter or in any manner change a certificate of title or
certificate of registration issued under the laws of this state or
any other state;
3. To purchase identification or number plates on a certificate
of title assigned to another vessel or motor; or
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4. To sell or dispose of, in any manner, a used vessel or motor
without delivering to the purchaser an Oklahoma certificate of title
in such purchaser's name or one properly and completely assigned to
him at the time of sale.
B. Anyone violating any of the provisions of this section, upon
conviction, shall be guilty of a misdemeanor and shall be fined not
less than Ten Dollars ($10.00) and not more than One Hundred Dollars
($100.00).
Added by Laws 1992, c. 284, § 42, eff. Jan. 1, 1993.
§63-4209.8. Inspections for purpose of locating stolen vessels and
related equipment.
Any peace officer of the State of Oklahoma may inspect any
vessel, motor, trailer, or related equipment in any public garage or
repair shop or in any place where such vessel, motor, trailer or
related equipment is being held for sale or wrecking, for the purpose
of locating stolen vessels, motors, trailers, or related equipment
and investigating the title and registration of those items.
Added by Laws 1997, c. 146, § 11, eff. Nov. 1, 1997.
§63-4210. Operation of certain devices or vessels – Prohibited acts
– Yielding to emergency vessels - Penalties.
A. No person shall operate, manipulate or give permission to any
person to operate or manipulate any parasails, water skis, surfboard,
personal watercraft, or similar device, or any vessel in a reckless
or negligent manner so as to endanger the life or property of any
person.
B. No person shall lease or otherwise give permission to another
person to operate any vessel on any waters of this state, except
privately owned waters, while the operator is under the influence of
alcohol or any substance included in the Uniform Controlled Dangerous
Substances Act or any combination of alcohol and such substance.
C. Upon the immediate approach of an authorized emergency vessel
making use of an audible or a visual signal or a combination thereof,
the operator of every other vessel shall immediately stop his or her
vessel whenever or wherever practical or otherwise yield the right-
of-way until such authorized emergency vessel has passed, except when
otherwise directed by a duly authorized peace officer of this state.
D. No person shall overload or give permission to overload a
vessel with passengers or gear so as to exceed the posted capacity
plate, United States Coast Guard standards, or the vessel
manufacturer’s recommended capacity.
E. No person shall operate or give permission to operate any
vessel on the waters of this state for which the manufacturer has
affixed a maximum horsepower capacity plate so as to exceed the
posted capacity plate or to exceed the United States Coast Guard
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standards for maximum horsepower capacity; provided, this provision
shall not apply to vessels operating in sanctioned events.
F. No person shall operate, drive or be in actual physical
control of any vessel on any waters of this state, except privately
owned waters, at speeds in excess of the speed limits established for
those waters.
G. No person shall operate on the waters of this state, except
privately owned waters, any vessel, including personal watercraft,
within fifty (50) feet in proximity to another vessel when running at
speeds of over ten (10) miles per hour; provided, this prohibition
shall not apply to vessels operating in sanctioned events.
H. Any violation of the provisions of this section shall
constitute a misdemeanor and shall be punishable, upon conviction, by
a fine of not less than Fifty Dollars ($50.00) nor more than Two
Hundred Fifty Dollars ($250.00) and shall be subject to imprisonment
in the county jail for a period not to exceed six (6) months.
Added by Laws 1989, c. 346, § 62, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 43, eff. Jan. 1, 1993; Laws 1996, c. 337, §
2, eff. July 1, 1996; Laws 2000, c. 237, § 1, emerg. eff. May 24,
2000; Laws 2003, c. 393, § 6, emerg. eff. June 4, 2003; Laws 2008, c.
95, § 2, eff. Nov. 1, 2008; Laws 2011, c. 201, § 1, eff. July 1,
2011.
§63-4210.1. Negligent homicide - Penalties.
A. When the death of any person ensues within one (1) year as a
proximate result of injury received by the operating of a vessel by
any person sixteen (16) years of age or older in reckless disregard
of the safety of others, the person so operating such vessel shall be
guilty of negligent homicide.
B. Any person convicted of negligent homicide shall be punished
by imprisonment in the county jail for not more than one (1) year, or
by a fine of not less than One Hundred Dollars ($100.00) and not more
than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
Added by Laws 1992, c. 284, § 44, eff. Jan. 1, 1993.
§63-4210.2. Eluding or attempting eluding peace officer - Assisting
peace officer - Arrests.
Any operator of a vessel who has received a visual and audible
signal, a red light and a siren, from any duly authorized peace
officer of this state, operating a vessel showing the same to be a
law enforcement vessel, directing the said operator to bring his
vessel to a stop and who willfully increases his speed or
extinguishes his lights in an attempt to elude such officer, or
willfully attempts in any other manner to elude the officer, or who
does elude such officer, upon conviction, shall be guilty of a
misdemeanor and shall be punished by a fine of not more than Two
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Thousand Dollars ($2,000.00), or by imprisonment in the county jail
for not more than one (1) year, or by both such fine and
imprisonment.
Said peace officer, while attempting to stop a violator of this
section, may communicate a request for the assistance of other duly
authorized peace officers from any office, department or agency of
this state. Any such officer within this state, having knowledge of
such request, is authorized to render such assistance in stopping the
violator and may effect an arrest under this section upon probable
cause.
Added by Laws 1992, c. 284, § 45, eff. Jan. 1, 1993.
§63-4210.3. Transporting weapon in or discharging weapon from vessel
- Exceptions - Penalties.
It shall be unlawful to transport a shotgun, rifle or pistol in
or to discharge such weapons from a vessel, except for the purposes
of hunting animals or fowl, and in compliance with existing state and
federal laws. Anyone violating the provisions of this section, upon
conviction, shall be guilty of a misdemeanor and shall be punished by
a fine of not less than Fifty Dollars ($50.00) and not more than One
Hundred Dollars ($100.00), or by imprisonment in the county jail for
not less than ten (10) days and not more than six (6) months, or by
both such fine and imprisonment. Any person in possession of a valid
handgun license from this state or a reciprocal state authorized by
the Oklahoma Self-Defense Act shall not be deemed guilty of
transporting a pistol in violation of this section when a handgun is
carried concealed or unconcealed upon or about their person in
compliance with the provisions of the Oklahoma Self-Defense Act.
Added by Laws 1992, c. 284, § 46, eff. Jan. 1, 1993. Amended by Laws
1998, c. 286, § 9, eff. July 1, 1998; Laws 2012, c. 259, § 47, eff.
Nov. 1, 2012.
§63-4210.4. Care and prudent speed to be used in operation of vessel
- Operation in wake zone - Parking, mooring or beaching in a swimming
area - Violation.
A. Any person who operates or gives permission to operate a
vessel on any waters of this state shall operate the same at a
careful and prudent speed not greater than nor less than is
reasonable or proper, having due regard to other vessels, water
skiers, swimmers, sanctioned events, restrictive and informational
markers or buoys, existing wind conditions, waves, wakes or other
weather conditions then existing.
B. No person shall operate or give permission to operate a
vessel in a wake zone at a speed which is other than reasonable and
prudent and which shows due regard for the existence of actual or
potential hazards and obstacles, or in such a manner as to endanger
the life, limb or property of any other person, or in such a manner
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as to create a wake. For the purpose of this title, "no wake zone"
means any area posted with buoys or within one hundred fifty (150)
feet of any boat ramp, dock, pier, or anchored or moored vessel.
C. No person shall park, moor, or beach a vessel at the
perimeter of or within a swimming area marked with buoys and cable.
D. Any violation of the provisions of this section shall
constitute a careless act in the operation of the vessel.
Added by Laws 1992, c. 284, § 47, eff. Jan. 1, 1993. Amended by Laws
1997, c. 199, § 5, eff. Nov. 1, 1997.
§63-4210.5. Removing, tampering, or interfering with or attaching
vessel to waterway marker, navigational aid or buoy.
No person shall remove, tamper or otherwise interfere with or
attach or moor a vessel to the anchor cable or any other part of any
waterway marker, navigational aid or buoy.
Added by Laws 1992, c. 284, § 48, eff. Jan. 1, 1993.
§63-4210.6. Sitting and standing in vessel while under way.
No person shall sit or ride on the sides of any vessel or the
back of any seat of a vessel while under way at any speed greater
than idle or trolling speed; provided, however, the operator of such
vessel may stand if said vessel is specifically designed to be
operated from a standing position. No person shall sit or ride on
the covered bow of any vessel while under way at any speed greater
than idle or trolling speed unless such vessel is designed as such to
allow access to the covered bow by way of side walkways or factory-
equipped walk-through areas which are surrounded by life rails, deck
rails, bow rails, or other such enclosure extending at least twenty-
four (24) inches above the deck; provided, that no person riding in
or operating a vessel shall extend any appendage over the edge of the
vessel either above or below the rail if such vessel is at any speed
greater than idle or trolling speed. No person shall stand on the
covered bow of any vessel while under way at a speed greater than
idle or trolling speed.
Added by Laws 1992, c. 284, § 49, eff. Jan. 1, 1993. Amended by Laws
2000, c. 317, § 1, emerg. eff. June 5, 2000.
§63-4210.7. Occupying front or back deck of vessel while under way.
No operator shall allow any person to occupy the front or back
deck of any vessel while under way at any speed greater than idle or
trolling speed unless such vessel is equipped with factory-installed
seating or is designed as such to allow access to the front or back
deck by way of side walkways or factory-equipped, walk-through areas
to a flat deck surrounded by life rails, deck rails, stern rails, bow
rails, or other such enclosures extending at least twenty-four (24)
inches above the deck.
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Added by Laws 1992, c. 284, § 50, eff. Jan. 1, 1993. Amended by Laws
1997, c. 199, § 6, eff. Nov. 1, 1997; Laws 2000, c. 317, § 2, emerg.
eff. June 5, 2000.
§63-4210.8. Operation or control of vessel under influence of
alcohol or other intoxicating substance.
A. It shall be unlawful for any person to operate or be in
actual physical control of a vessel upon the waters of this state,
except privately owned waters, who:
1. Has a blood or breath alcohol concentration of eight-
hundredths (0.08) or more at the time of a test of the person's blood
or breath;
2. Is under the influence of any other intoxicating substance to
a degree which renders such person incapable of safely operating a
vessel upon the waters of this state; or
3. Is under the influence of alcohol and any other intoxicating
substance to a degree which renders such person incapable of safely
operating a vessel upon the waters of this state.
As used in this section, "other intoxicating substance" means any
controlled dangerous substance as defined in the Uniform Controlled
Dangerous Substances Act or any other substance, other than alcohol,
which is capable of being ingested, inhaled, injected or absorbed
into the human body and is capable of adversely affecting the central
nervous system, vision, hearing or other sensory or motor functions.
B. 1. Any person operating a vessel upon the waters of this
state, except privately owned waters, shall be deemed to have given
consent to a test or tests of such person's blood, breath, saliva or
urine for the purpose of determining the presence and concentration
of alcohol or any other intoxicating substance. Such tests shall be
performed within two (2) hours of an arrest and in the same manner as
provided for in Section 752 of Title 47 of the Oklahoma Statutes.
2. Evidence that the person has refused to submit to a test or
tests as required by this section shall be admissible upon the trial
of any criminal action or proceeding arising out of acts alleged to
have been committed in violation of the provisions of this section.
3. Any person refusing to submit to such test or tests shall be
in violation of this section and subject to the fines provided for
herein.
C. 1. Any person convicted of a violation of this section shall
be guilty of a misdemeanor and fined in an amount not to exceed One
Thousand Dollars ($1,000.00). Any second or subsequent conviction
shall be punishable by a fine in an amount of not less than One
Thousand Dollars ($1,000.00), nor more than Two Thousand Five Hundred
Dollars ($2,500.00).
2. A person arrested by a law enforcement officer for a
violation of this section may be allowed to post a cash bail in an
amount set by the arresting law enforcement officer not to exceed the
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maximum fine provided by this section, or deposit a valid license to
operate a motor vehicle in exchange for an official receipt issued by
the arresting officer as provided for in Section 1111 et seq. of
Title 22 of the Oklahoma Statutes.
Added by Laws 1996, c. 337, § 3, eff. July 1, 1996. Amended by Laws
1997, c. 199, § 8, eff. Nov. 1, 1997. Renumbered from Title 63, §
4210A by Laws 2003, c. 393, § 9, emerg. eff. June 4, 2003. Amended
by Laws 2011, c. 201, § 2, eff. July 1, 2011.
§63-4210.9. Implied consent to administer drug or alcohol test.
A. 1. Any person who operates a vessel upon the waters of this
state shall be deemed to have given consent to a test or tests of the
blood or breath of the person, for the purpose of determining the
alcohol concentration as defined in Section 7 of this act, and the
blood, saliva or urine of the person, for the purpose of determining
the presence or concentration of any other intoxicating substance as
defined in this section, if arrested for any offense arising out of
acts alleged to have been committed while the person was operating or
in actual physical control of a vessel upon the waters of this state
while under the influence of alcohol or other intoxicating substance,
or the combined influence of alcohol and any other intoxicating
substance, or if the person is involved in a boating collision that
resulted in the immediate death or serious injury of any person and
is removed from the scene of the collision to a hospital or other
health care facility outside this state before a law enforcement
officer can effect an arrest.
2. A law enforcement officer, having reasonable grounds to
believe that such person was operating or in actual physical control
of a vessel while under the influence may direct the administration
of or administer the test or tests.
3. As used in this section, "other intoxicating substance" means
any controlled dangerous substance as defined in the Uniform
Controlled Dangerous Substances Act and any other substance, other
than alcohol, which is capable of being ingested, inhaled, injected
or absorbed into the human body and is capable of adversely affecting
the central nervous system, vision, hearing or other sensory or motor
functions.
B. 1. The law enforcement agency by which the arresting officer
is employed may designate, in accordance with the rules of the Board
of Tests for Alcohol and Drug Influence, whether blood or breath is
to be tested for the alcohol concentration thereof, and whether
blood, saliva or urine is to be tested for the presence or
concentration of any other intoxicating substance therein.
2. In the event the law enforcement agency does not designate
the test to be administered, breath shall be the substance tested for
alcohol concentration. Blood may also be tested to determine the
alcohol concentration thereof in the event that breath cannot be
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tested to determine the alcohol concentration thereof because of the
lack of an approved device or qualified person to administer a breath
test or because such breath test for any other reason cannot be
administered in accordance with the rules of the Board.
3. In the event the law enforcement agency does not designate
the test to be administered, blood, saliva or urine shall be the
substance tested for the presence or concentration of any other
intoxicating substance or the combination of alcohol and any other
intoxicating substance.
C. In the event the person is incapable of submitting to and
successfully completing, by reason of illness or injury or other
physical disability, the test to be administered, an alternate test
may be administered in accordance with the rules of the Board.
D. 1. Any person who is unconscious or otherwise incapable of
refusing to submit to a test of the blood or breath of the person to
determine the alcohol concentration thereof, or to a test of the
blood, saliva or urine of the person to determine the presence or
concentration of any other intoxicating substance therein, shall be
deemed not to have withdrawn the consent provided by subsection A of
this section, and such test may be administered as provided herein.
2. An unconscious person who has been issued a citation by a law
enforcement officer for one of the offenses listed in subsection A of
this section is arrested for purposes of this section. The arresting
officer must leave a copy of the citation with the arrested person
which may be accomplished by handing it to the arrested person, or by
leaving it with the personal effects of the arrested party, so as to
inform the unconscious person of the arrest.
3. Any person who has been arrested for one of the offenses
listed in subsection A of this section who is unconscious or injured
and who requires immediate medical treatment as determined by a
treating physician may be released by the arresting officer on the
recognizance of the person for medical reasons. The arresting
officer who releases an arrested person on the recognizance of the
person must indicate the release on the face of the citation. Any
person released on his or her own recognizance for medical reasons
shall remain at liberty pending the filing of charges.
E. In addition to any test designated by the arresting officer,
the arrested person may also designate any additional test to be
administered to determine the concentration of alcohol, or the
presence or concentration of any other intoxicating substance or the
combination of alcohol and any other intoxicating substance. The
cost of such additional test shall be at the expense of the arrested
person.
A sufficient quantity of any specimen obtained at the designation
of the arrested person shall be available to the law enforcement
agency employing the arresting officer. Such specimens shall be
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treated in accordance with the rules applicable to the specimens
obtained by an arresting officer.
F. When a law enforcement officer has determined that the blood
alcohol content of an individual is to be tested for the presence or
concentration of alcohol, other intoxicating substance, or the
combination of alcohol and any other intoxicating substance, the law
enforcement officer shall inform the individual to be tested that the
withdrawal of blood shall only be performed by certain medical
personnel as provided for in Section 4 of this act.
Added by Laws 2011, c. 201, § 3, eff. July 1, 2011.
§63-4210.10. Qualified persons to withdraw blood.
A. Only a licensed medical doctor, licensed osteopathic
physician, licensed chiropractic physician, registered nurse,
licensed practical nurse, or physician's assistant, certified by the
State Board of Medical Licensure and Supervision, the State Board of
Osteopathic Examiners or Board of Chiropractic Examiners; an employee
of a hospital or other health care facility authorized by the
hospital or health care facility to withdraw blood; or other
qualified person authorized by the Board of Tests for Alcohol and
Drug Influence acting at the request of a law enforcement officer,
may withdraw blood for purpose of having a determination made of its
concentration of alcohol or the presence or concentration of other
intoxicating substance. Only qualified persons authorized by the
Board of Tests for Alcohol and Drug Influence may collect breath,
saliva or urine, or administer tests of breath under the provisions
of this section.
B. If the person authorized to withdraw blood as specified in
subsection A of this section is presented with a written statement:
1. Authorizing blood withdrawal signed by the person whose blood
is to be withdrawn;
2. Signed by a duly authorized peace officer that the person
whose blood is to be withdrawn has agreed to the withdrawal of blood;
3. Signed by a duly authorized peace officer that the person
whose blood is to be withdrawn has been placed under arrest and that
the officer has probable cause to believe that the person, while
intoxicated, has operated a vessel in such manner as to have caused
the death or serious physical injury of another person, or the person
has been involved in a boating collision and has been removed from
the scene of the collision that resulted in the death or great bodily
injury of any person, as defined in subsection B of Section 646 of
Title 21 of the Oklahoma Statutes, to a hospital or other health care
facility outside the State of Oklahoma before the law enforcement
officer was able to effect an arrest for such offense; or
4. In the form of an order from a district court that blood be
withdrawn, the person authorized to withdraw the blood and the
hospital or other health care facility where the withdrawal occurs
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may rely on such a statement or order as evidence that the person has
consented to or has been required to submit to the clinical procedure
and shall not require the person to sign any additional consent or
waiver form. In such a 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.
C. No person specified in subsection A of this section, no
employer of such a person, and no hospital or other health care
facility where blood is withdrawn shall incur any civil or criminal
liability as a result of the proper withdrawal of blood when acting
at the request of a law enforcement officer by the provisions of
Section 3 or 5 of this act, or when acting in reliance upon a signed
statement or court order as provided in this section, if the act is
performed in a reasonable manner according to generally accepted
clinical practice. No person specified in subsection A of this
section shall incur any civil or criminal liability as a result of
the proper collection of breath, saliva or urine when acting at the
request of a law enforcement officer under the provisions of Section
3 or 5 of this act or when acting pursuant to a court order.
D. The blood, breath, saliva or urine specimens obtained shall
be tested by the appropriate test as determined by the Board of Tests
for Alcohol and Drug Influence, or tested by a laboratory that is
exempt from the Board rules pursuant to Section 759 of Title 47 of
the Oklahoma Statutes, to determine the alcohol concentration
thereof, or the presence and concentration of any other intoxicating
substance which might have affected the ability of the person tested
to operate a vessel safely.
E. When blood is withdrawn or saliva or urine is collected for
testing of its alcohol concentration or other intoxicating substance
presence or concentration, at the request of a law enforcement
officer, a sufficient quantity of the same specimen shall be obtained
to enable the tested person, at his or her own option and expense, to
have an independent analysis made of such specimen. The excess
blood, saliva or urine specimen shall be retained by a laboratory
approved by the Board of Tests for Alcohol and Drug Influence, in
accordance with the rules and regulations of the Board, or by a
laboratory that is exempt from the Board rules pursuant to Section
759 of Title 47 of the Oklahoma Statutes, for sixty (60) days from
the date of collection. At any time within that period, the tested
person or his or her attorney may direct that such blood, saliva or
urine specimen be sent or delivered to a laboratory of his or her own
choosing and approved by the Board for an independent analysis.
Neither the tested person, nor any agent of such person, shall have
access to the additional blood, saliva or urine specimen prior to the
completion of the independent analysis, except the analyst performing
the independent analysis and agents of the analyst.
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F. When a test of breath is performed for the purpose of
determining the alcohol concentration thereof, except when such test
is performed by means of an automated analyzer as designated by the
Board of Tests for Alcohol and Drug Influence, a sufficient quantity
of breath, or of the alcohol content of a fixed or measured quantity
of breath, shall be obtained, in accordance with the rules and
regulations of the Board to enable the tested person, at his or her
own option and expense, to have an independent analysis made of such
specimen. The excess specimen of breath, or of its alcohol content,
shall be retained by the law enforcement agency employing the
arresting officer, in accordance with the rules and regulations of
the Board, for sixty (60) days from the date of collection. At any
time within that period, the tested person, or his or her attorney,
may direct that such specimen be sent or delivered to a laboratory of
his or her own choosing and approved by the Board for an independent
analysis. Neither the tested person, nor any agent of such person,
shall have access to the additional specimen of breath, or of its
alcohol content, prior to the completion of the independent analysis
thereof, except the analyst performing the independent analysis and
agents of the analyst.
G. The costs of collecting blood, breath, saliva or urine
specimens for the purpose of determining the alcohol or other
intoxicating substance thereof, by or at the direction of a law
enforcement officer, shall be borne by the law enforcement agency
employing such officer. The cost of collecting, retaining and
sending or delivering to an independent laboratory the excess
specimens of blood, breath, saliva or urine for independent analysis
at the option of the tested person shall also be borne by such law
enforcement agency. The cost of the independent analysis of such
specimen of blood, breath, saliva or urine shall be borne by the
tested person at whose option such analysis is performed. The tested
person, or his or her agent, shall make all necessary arrangements
for the performance of such independent analysis other than the
forwarding or delivery of such specimen.
H. Tests of blood or breath for the purpose of determining the
alcohol concentration thereof, and tests of blood, saliva or urine
for the purpose of determining the presence or concentration of any
other intoxicating substance therein, under the provisions of this
section, whether administered by or at the direction of a law
enforcement officer or administered independently, at the option of
the tested person, on the excess specimen of such person's blood,
breath, saliva or urine, to be considered valid and admissible in
evidence under the provisions of this section, shall have been
administered or performed in accordance with the rules and
regulations of the Board of Tests for Alcohol and Drug Influence, or
performed by a laboratory that is exempt from the Board rules
pursuant to Section 759 of Title 47 of the Oklahoma Statutes.
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I. Any person who has been arrested for any offense arising out
of acts alleged to have been committed while the person was operating
or in actual physical control of a vessel while under the influence
of alcohol, any other intoxicating substance or the combined
influence of alcohol and any other intoxicating substance, who is not
requested by a law enforcement officer to submit to a test, shall be
entitled to have an independent test of his or her blood, breath,
saliva or urine, which is appropriate as determined by the Board of
Tests for Alcohol and Drug Influence for the purpose of determining
its alcohol concentration or the presence or concentration of any
other intoxicating substance therein, performed by a person of his or
her own choosing who is qualified as stipulated in this section. The
arrested person shall bear the responsibility for making all
necessary arrangements for the administration of such independent
test and for the independent analysis of any specimens obtained, and
bear all costs thereof. The failure or inability of the arrested
person to obtain an independent test shall not preclude the admission
of other competent evidence bearing upon the question of whether such
person was under the influence of alcohol, or any other intoxicating
substance or the combined influence of alcohol and any other
intoxicating substance.
J. Any agency or laboratory certified by the Board of Tests for
Alcohol and Drug Influence or any agency or laboratory that is exempt
from the Board rules pursuant to Section 759 of Title 47 of the
Oklahoma Statutes, which analyzes breath, blood, or urine shall make
available a written report of the results of the test administered by
or at the direction of the law enforcement officer to:
1. The tested person, or his or her attorney;
2. The Commissioner of Public Safety; and
3. The Fatality Analysis Reporting System (FARS) analyst of the
state, upon request.
The results of the tests provided for in this section shall be
admissible in civil actions.
Added by Laws 2011, c. 201, § 4, eff. July 1, 2011.
§63-4210.11. Refusal to submit to drug or alcohol testing -
Exceptions.
If a conscious person under arrest refuses to submit to testing
of his or her blood or breath for the purpose of determining the
alcohol concentration thereof, or to a test of his or her blood,
saliva or urine for the purpose of determining the presence or
concentration of any other intoxicating substance, or the combined
influence of alcohol and any other intoxicating substance, none shall
be given, unless the investigating officer has probable cause to
believe that the person under arrest, while intoxicated, has operated
a vessel in such a manner as to have caused the death or serious
physical injury of any other person or persons. In that event, the
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test otherwise authorized by law may be made in the same manner as if
a search warrant had been issued for the test or tests. The sample
shall be taken in a medically acceptable manner at a hospital or
other suitable health care facility.
Added by Laws 2011, c. 201, § 5, eff. July 1, 2011.
§63-4210.12. Laboratory report - Evidence.
A. At any proceeding held relevant to this act, 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 person or an authorized
representative 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 the report is deemed relevant by either
party, the court shall admit the report without the testimony of the
person making the report, unless the court, pursuant to this
subsection, orders the person to appear.
B. When any alleged controlled dangerous substance has been
submitted to the laboratory of the Oklahoma State Bureau of
Investigation for analysis, and the 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 the substance shall be released to any other person or laboratory
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.
C. 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 the 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.
D. 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.
Added by Laws 2011, c. 201, § 6, eff. July 1, 2011.
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§63-4210.13. Criminal trials - Use of alcohol or drug tests as
evidence.
A. Upon the trial of any criminal action or proceeding arising
out of acts alleged to have been committed by any person while
operating or in actual physical control of a vessel while under the
influence of alcohol or any other intoxicating substance, or the
combined influence of alcohol and any other intoxicating substance,
evidence of the alcohol concentration in the blood or breath of the
person as shown by analysis of the blood or breath of the person
performed in accordance with the provisions of Section 4 of this act
and Section 759 of Title 47 of the Oklahoma statutes or evidence of
the presence or concentration of any other intoxicating substance as
shown by analysis of such person's blood, breath, saliva, or urine
specimens in accordance with the provisions of Section 4 of this act
and Section 759 of Title 47 of the Oklahoma Statutes shall be
admissible. Evidence that the person has refused to submit to either
of said analyses is also admissible. For the purpose of this
section, when the person is under the age of twenty-one (21) years,
evidence that there was, at the time of the test, any measurable
quantity of alcohol is prima facie evidence that the person was under
the influence of alcohol in violation of Section 3 of this act. For
persons twenty-one (21) years of age or older:
1. Evidence that there was, at the time of the test, an alcohol
concentration of seven-hundredths (0.07) or less is prima facie
evidence that the person was not under the influence of alcohol; and
2. Evidence that there was, at the time of the test, an alcohol
concentration of eight-hundredths (0.08) or more shall be admitted as
prima facie evidence that the person was under the influence of
alcohol.
B. For purposes of this section, "alcohol concentration" means
grams of alcohol per one hundred (100) milliliters of blood if the
blood was tested, or grams of alcohol per two hundred ten (210)
liters of breath if the breath was tested.
C. To be admissible in a proceeding, the evidence shall first be
qualified by establishing that the test was administered to the
person within two (2) hours after the arrest of the person.
Added by Laws 2011, c. 201, § 7, eff. July 1, 2011.
§63-4210.14. Use of other competent evidence.
The provisions of Sections 3 through 7 of this act do not limit
the introduction of any other competent evidence bearing on the
question of whether the person was under the influence of alcohol or
any other intoxicating substance, or the combined influence of
alcohol and any other intoxicating substance.
Added by Laws 2011, c. 201, § 8, eff. July 1, 2011.
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§4210A. Renumbered as § 4210.8 of this title by Laws 2003, c. 393, §
9, emerg. eff. June 4, 2003.
§63-4211. Diving or submerging in body of water - Use of buoys -
Operating vessel in diving area.
A. Any person diving or submerging in a body of water with the
aid of any mechanical diving or breathing device or suit shall place
a buoy with a flag in the water at or near the point of submergence
or fly a flag from a vessel indicating divers are present, in the
following manner:
1. Either the nationally recognized diver's flag or Alpha flag
may be flown;
2. When flown from a vessel, at least one flag shall be flown
not less than one (1) meter above the highest point of the vessel and
shall be visible from a three-hundred-sixty-degree circle;
3. The buoy, flag or flags shall be in place only while actual
diving operations are in progress;
4. No diving buoys may be closer than one hundred (100) yards to
any functional boat ramp; and
5. The flag or flags shall be in good condition and legible, and
the flag shall be in the extended position so as to be visible to any
other vessel.
B. It shall be unlawful for any person to operate a vessel
within one hundred fifty (150) feet of a diving buoy except while
engaged in the rescue of a person in such area.
Added by Laws 1989, c. 346, § 63, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 51, eff. Jan. 1, 1993; Laws 1999, c. 9, § 1,
eff. Nov. 1, 1999.
§63-4211.1. Inner tubes, air mattresses or floating chairs -
Distance from shore restricted.
Inner tubes, air mattresses, floating chairs or similar devices
shall not be more than fifty (50) feet from shore when being used by
a swimmer.
Added by Laws 1992, c. 284, § 52, eff. Jan. 1, 1993. Amended by Laws
1997, c. 199, § 7, eff. Nov. 1, 1997.
§63-4212. Towing person or persons using parasails, water skis or
similar devices - Time restrictions - Professional exhibitions
excepted - Colliding with or striking object or person - Operation of
personal watercraft.
A. 1. No person shall operate or give permission to operate a
vessel on any waters of this state for towing a person or persons
using parasails or on water skis, a surfboard, or similar device
unless there is in such vessel:
a. a person who is at least eight (8) years old, and who,
in addition to the operator, is in a position to
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observe the progress of the person or persons being
towed,
b. if the vessel is not a personal watercraft, an
efficient wide angle convex rear view mirror installed
on such vessel in such manner as to permit the person
operating said vessel to face the direction of travel
and be in a position to observe the progress of the
person or persons being towed, or
c. if the vessel is a personal watercraft, two efficient
wide angle convex rear view mirrors installed on such
vessel in such manner as to permit the person operating
such watercraft to face the direction of travel and be
in a position to observe the progress of the person or
person being towed.
2. Water skiing shall be allowed with any watercraft which is
designed to accommodate two or more persons.
B. No person shall operate or give permission to operate a
vessel on any waters of this state towing a person or persons using
parasails or on water skis, a surfboard, a sailboard or similar
device nor shall any person engage in parasailing, water skiing,
surfboarding, sailboarding or similar activity at any time between
the hours from sunset to sunrise or at such time visibility due to
other existing conditions is obscured so as to endanger life or
property.
C. The provisions of subsections A and B of this section do not
apply to a performer engaged in a professional exhibition or a person
or persons engaged in an activity authorized under Section 4205 of
this title.
D. No person shall operate or give permission to operate or
manipulate any vessel, tow rope or other device by which the
direction or location of parasails, water skis, a surfboard, or
similar device may be affected or controlled in such a way as to
cause the parasails, water skis, surfboard, or similar device, or any
person thereon to collide with or strike against any object or
person.
E. 1. No person shall operate or give permission to operate a
personal watercraft or similar device capable of being remote
controlled by the skier unless such device is factory equipped with
an engine kill switch capable of shutting off the engine in the event
the skier becomes detached from the personal watercraft device. A
person operating a personal watercraft equipped by the manufacturer
with a lanyard type engine cutoff switch shall attach such lanyard to
his or her person, clothing, or personal flotation device as
appropriate for the specific vessel.
2. No person shall operate a personal watercraft at any time
between the hours from sunset to sunrise unless equipped with
prescribed lights.
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Added by Laws 1989, c. 346, § 64, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 53, eff. Jan. 1, 1993; Laws 1993, c. 60, § 1,
emerg. eff. April 12, 1993; Laws 1994, c. 231, § 1, eff. Sept. 1,
1994; Laws 2003, c. 393, § 7, emerg. eff. June 4, 2003.
§63-4213. Placing or disposing of marine sewage in state waters
prohibited - Use of total retention marine toilets required.
A. No person shall place or dispose of marine sewage in any
waters of this state.
B. On and after July 1, 1995, no person shall operate a vessel
equipped with a marine toilet which is not a total retention system
in accordance with federal regulations regarding marine toilets.
Added by Laws 1989, c. 346, § 65, emerg. eff. June 3, 1989. Amended
by Laws 1990, c. 304, § 13, emerg. eff. May 30, 1990; Laws 1992, c.
284, § 54, eff. Jan. 1, 1993; Laws 1993, c. 321, § 4, emerg. eff.
June 7, 1993.
§63-4214. Collision, accident, or other casualty - Rendering of
assistance by vessel operator - Notice - Accident report - Notice to
appear - Written report – Drug and alcohol test.
A. The operator and/or passenger of a vessel involved in a
collision, accident, or other casualty, shall render to other persons
involved in the collision, accident, or other casualty reasonable
assistance as may be necessary and practicable and shall immediately,
by the quickest means of communication, give notice of such accident
to the local police department if such accident occurs within a
municipality, or to the office of the county sheriff or nearest state
highway patrol headquarters after complying with the requirements of
this section. The operator of a vessel involved in a collision,
accident, or other casualty shall give his name, address, and
identification of his vessel, in writing, to any person injured in
the collision, accident, or other casualty and to the owner of any
property damaged in the collision, accident, or other casualty.
B. Any operator of a vessel involved in a collision, accident,
or other casualty who could be cited for a violation of the Oklahoma
Boating Safety Regulation Act where the collision, accident or other
casualty resulted in the immediate death or great bodily injury, as
defined in subsection B of Section 646 of Title 21 of the Oklahoma
Statutes, of any person shall submit to drug and alcohol testing as
soon as practicable after such collision, accident or other casualty
occurs. The boating violation shall constitute probable cause for
purposes of Section 752 of Title 47 of the Oklahoma Statutes and the
procedures found in Section 752 of Title 47 of the Oklahoma Statutes
shall be followed to determine the presence of alcohol or controlled
dangerous substances within the blood system of the operator of the
vessel.
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C. If a collision, accident, or other casualty results in death
or injury to a person or damage to property in excess of Two Thousand
Dollars ($2,000.00), the operator of the vessel involved in the
collision, accident, or other casualty shall file with the Department
of Public Safety a full description of the collision, accident, or
other casualty, and such information as the Department may require.
No person shall be prosecuted or subjected to any penalty for
providing such report to the Department and any statement or
information included in such report shall not be received against the
person upon any criminal investigation, proceeding or trial.
D. Whenever a person is halted by any duly authorized peace
officer of this state for any violation of Chapters 70, 71 or 72 of
this title, which shall be punishable as a misdemeanor, and is not
taken before a magistrate as hereinbefore required or permitted, the
officer shall prepare in quadruplicate using the "Oklahoma Uniform
Violations Complaint", a written notice to appear in court, such
notices to appear to be serially numbered, containing the name and
address of the person, the state registration number of the vessel,
if any, the offense charged, the time and place when and where the
person shall appear in court, and such other pertinent information as
may be necessary.
E. The time specified in the notice to appear must be at least
five (5) calendar days after the alleged violation unless the person
charged with the violation shall demand an earlier hearing.
F. The person charged with the violation may give his written
promise to appear in court by signing the written notice to appear
prepared by the officer, in which event the officer shall deliver a
copy of the notice to appear to the person, and thereupon the officer
shall not take the person into physical custody for the violation.
G. If the person charged with the violation is a minor, then the
citing officer shall ascertain from the minor the name and address of
the parents or legal guardian of the minor, and the officer shall
cause a copy of the "violation" to be mailed to the address of the
parents or legal guardian, within three (3) calendar days after the
date of violation.
H. Except for felony violations, any duly authorized peace
officer of this state at the scene of a boating accident may issue a
written notice to appear to the operator of a vessel involved in the
accident when, based upon personal investigation, the officer has
reasonable and probable grounds to believe that the person has
committed any offense in connection with the accident.
I. In accordance with any request duly made by an authorized
official or agency of the United States, any information compiled or
otherwise available to the Department of Public Safety pursuant to
this section shall be transmitted to the official or agency of the
United States.
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J. Any employee or officer of an agency of this state, or
employee or officer of a municipality or county in this state, shall
make a written report to the Department of Public Safety if an
occurrence involving a vessel or its equipment results in one or more
of the following:
1. A person dies;
2. A person is injured and requires medical treatment beyond
first aid;
3. Damage to the vessel and other property totals more than Two
Thousand Dollars ($2,000.00) or there is a complete loss of the
vessel;
4. A person disappears from the vessel under circumstances that
indicate death or injury;
5. A person drowns in swimming to retrieve a vessel that is
adrift from its mooring or dock, having departed from a position of
inherent safety such as a shore or pier;
6. A person drowns while swimming from a vessel for pleasure and
the vessel does not contribute to the drowning;
7. A person drowns after falling from a vessel that is moored or
anchored for use as a swimming platform or other purpose;
8. A person dies or is injured while in the act of launching a
vessel into a body of water;
9. A person drowns or is injured while surfing;
10. A fatality or injury occurs to an operator or a crew member
while participating in an organized/sanctioned race, or warm-up, in a
vessel uniquely designed for racing; or
11. Damage, injury or death on a docked, moored or anchored
vessel resulting from unusual wake or wave conditions.
Added by Laws 1989, c. 346, § 66, emerg. eff. June 3, 1989. Amended
by Laws 1991, c. 182, § 65, eff. Sept. 1, 1991; Laws 1992, c. 284, §
55, eff. Jan. 1, 1993; Laws 2008, c. 95, § 3, eff. Nov. 1, 2008; Laws
2009, c. 41, § 1, eff. Nov. 1, 2009.
§63-4215. Negligent operation - Liability.
A. The owner of a vessel shall be liable for any injury or
damage occasioned by the negligent operation of such vessel, whether
such negligence consists of a violation of the provisions of the
statutes of this state, or the violation of any municipal ordinance,
or neglecting to observe such ordinary care and such operation as the
rules of the common law require. The owner shall not be liable,
however, unless such vessel is being used with his or her express or
implied consent. Nothing contained herein shall be construed to
relieve any other person from any liability which he or she would
otherwise have.
B. The owner of a vessel shall not be liable for any injury or
damage occasioned by the negligent operation of the vessel as
provided in subsection A of this section if:
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1. The owner is engaged in the trade or business of renting or
leasing vessels;
2. The owner is in compliance with the Oklahoma Vessel and Motor
Registration Act, Section 4001 et seq. of this title;
3. The injury or damage occurred during a period of rental or
lease;
4. The owner did not knowingly permit or entrust the vessel to
be operated by a reckless or otherwise incompetent operator where the
owner knew or should have known that the injury or damage would have
occurred; and
5. The owner has:
a. briefed the renter of the vessel on the location of
fire extinguishers and life vests when applicable,
b. ensured there are enough life vests of the proper size
for every passenger on the boat,
c. presented guidelines to the renter for safely piloting
a vessel, and
d. executed a safety check on lighting, gasoline, oil, and
bilge water removal systems.
Added by Laws 1989, c. 346, § 67, emerg. eff. June 3, 1989. Amended
by Laws 2017, c. 244, § 1, emerg. eff. May 12, 2017.
§63-4216. Actions against nonresident owners or operators - Service
of notice - Venue.
In an action in any court of this state, arising out of injury to
person or property caused by any vessel or motor while operating in
the waters of this state, including the Oklahoma portion of boundary
rivers, or moored in such waters or against shore land in this state,
when the owner or operator is a nonresident of this state or a
corporation not incorporated under the laws of this state, service of
the original notice may be made upon such nonresident owner or
operator or upon such foreign corporation in the manner provided in
Sections 2004 and 2005 of Title 12 of the Oklahoma Statutes. The
venue of such an action shall be the county in which the damage
occurred and the presence of such vessel and the doing of said damage
within the territory comprising the State of Oklahoma, together with
the subsequent removal of said vessel from the jurisdiction of the
State of Oklahoma, shall constitute a waiver by the owner or operator
thereof of any objection to the venue of such an action commenced in
a proper court of this state.
Added by Laws 1989, c. 346, § 68, emerg. eff. June 3, 1989.
§63-4217. Abandonment of vessel - Removal.
A. It shall be unlawful to abandon a vessel on the waters of
this state or other public property. Any officer of the Department
of Public Safety or any other law enforcement agency shall deem a
vessel abandoned and shall have authority to remove or direct the
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removal of a vessel when found upon any portion of the waters of this
state or other public property, if, after a period of forty-eight
(48) hours, there is no evidence of an apparent owner who intends to
remove the vessel. Any law enforcement officer prior to removing
such vessel shall attempt to notify the owner of such vessel if the
vessel has an identification number registered in this state or if
the name and address of the owner is attached to such vessel.
B. If such officer has reasonable cause to believe a vessel has
been abandoned in a location which would be hazardous to the free
flow of traffic or would be highly susceptible to damage from
vandalism or other harm, he shall have authority to remove or direct
the removal of the vessel immediately. At the time of ordering the
removal of an abandoned vessel, the authorizing officer shall also
determine the sale value of the vessel and certify that amount on the
removal order.
C. Any officer of the Department of Public Safety is hereby
authorized to cause to be removed any vessel found upon the waters of
this state or any other public property when:
1. Report has been made that such vessel has been stolen or
taken without the consent of its owner;
2. The officer has reason to believe the vessel has been
abandoned as defined in this section;
3. The person operating or in control of such vessel is arrested
for an alleged offense for which the officer is required by law to
take the person arrested or summoned before a proper magistrate
without unnecessary delay;
4. At the scene of an accident, when the owner or operator is
not in a position to take charge of his vessel and direct or request
proper removal; or
5. When a vessel and/or motor registration is thirty (30) days
past the date of expiration.
Such officer may ensure the safe removal of said vessel by use of a
trailer.
Added by Laws 1989, c. 346, § 69, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 56, eff. Jan. 1, 1993; Laws 2002, c. 66, § 3.
§63-4217.1. Abandoned vessels – Notice of removal.
Any officer who has removed or directed the removal of any
vessel, or an authorized person in the employing agency of the
officer, shall within seventy-two (72) hours of the removal notify
the Department of Public Safety of the removal. The notice of
removal shall contain the name and address of the owner, if known,
the make, model, vessel identification number, registration number,
date stored, place stored and the estimated value. Upon receipt of
such notice of removal, the Department of Public Safety shall
promptly request the Oklahoma Tax Commission or other appropriate
registering jurisdiction to furnish the name and address of the owner
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of and any lienholder on the vessel and must within five (5) days
from receipt of the requested information send a notice to the owner
and any lienholder by regular mail, postage prepaid, at the addresses
furnished by the Tax Commission or registering jurisdiction, of the
location of the vessel. This section shall not be construed to
create any civil liability upon the state, any agency of the state or
employee thereof for failure to provide notice to the owner or
lienholder.
Added by Laws 2002, c. 66, § 4.
§63-4217.2. Abandoned vessels – Contest of removal or storage –
Hearing.
A. After the removal or storage of any abandoned or wrecked
vessel at the request of a public agency, the registered or legal
owner of the vessel, or their agent, may contest the validity of the
removal or storage, by filing a written request for a hearing with
the public agency. The written request may be filed before or after
the vessel is retrieved from the storage operator. The public agency
shall not be required to conduct a hearing if the request is received
more than ten (10) days following actual or constructive notice to
the owner or driver of the vessel that the vessel has been so removed
or stored. A hearing shall be scheduled within seventy-two (72)
hours of the request, excluding weekends and holidays. The public
agency may authorize its own officer or employee to conduct the
hearing, so long as the hearing officer is not the same person who
directed the removal or storage of the vessel. The public agency
may, with the consent of the person requesting the hearing, schedule
the hearing by telephone and conduct the hearing on the merits by
telephone conference call.
The hearing officer shall apply the law to the evidence and make
a determination whether the vessel removal and storage was justified.
If deemed unjustified, the public agency shall bear the cost of
hookup and tow mileage, and the operator shall waive all storage
costs in such cases as a condition of eligibility to respond to a
service call request from a public agency. The vessel owner or agent
shall not be charged any type of fee or costs relating to impoundment
or storage in such case. If the tow and storage is deemed justified,
the owner or agent shall bear the cost of reasonable tow and storage.
B. Failure of either the registered or legal owner, or their
agent, to timely request or to timely appear for a scheduled hearing
shall satisfy the hearing requirement of this section.
C. The hearing conducted by the public agency pursuant to this
section shall not be governed by the Administrative Procedures Act.
The owner of a stored vessel may, either in lieu of such hearing or
after such hearing, file a petition in the district court of the
county wherein the vessel is stored. The district court is vested
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with original jurisdiction to conduct a de novo hearing and determine
the validity of removal and storage.
D. The provisions of this section shall not apply to the removal
of vessels pursuant to Section 954A of Title 47 of the Oklahoma
Statutes.
Added by Laws 2002, c. 66, § 5.
§63-4217.3. Abandoned vessels – Regaining possession.
The owner of a vessel or lienholder of the vessel abandoned in
violation of Section 4217 of Title 63 of the Oklahoma Statutes, or
the owner of any vessel or lienholder of the vessel or insurer of a
vessel when the insurer has purchased the vessel as a total loss
vessel from the registered owner which shall have been lawfully
removed from any waters of this state or other public property may
regain possession of the vessel in accordance with rules of the
Department of Public Safety upon payment of the reasonable cost of
removal and storage of the vessel. The cost of removal and storage
shall be paid to the wrecker or towing service. An operator shall
release the vessel from storage upon authorization from the owner,
agent or lienholder of the vessel or, in the case of a total loss,
the insurer of the vessel where the vessel is to be moved to an
insurance pool yard for sale.
Added by Laws 2002, c. 66, § 6.
§63-4217.4. Abandoned vessels – Lien – Foreclosure by sale – Notice
– Application of proceeds.
A. Every person lawfully in possession of an abandoned vessel
shall have a special lien thereon for the compensation due from the
owner of such abandoned vessel for all expenses incurred.
B. The lien may be foreclosed by a sale of such abandoned vessel
upon giving notice and in the following manner. The notice shall
contain:
1. The name of the party bringing action and the name of the
owner or any person claiming any interest therein;
2. A full description of the vessel, giving all available
information as to the make, year, serial number, registration decal
number with year and the state from which the registration was
issued;
3. A full statement of all the facts;
4. The amount of the claim, giving a full description of the
work, labor, storage or any other costs involved; and
5. The date, time and place of the sale.
The notice shall be posted in three public places in the county in
which the vessel is to be sold at least ten (10) days before the time
specified therein for such sale, and a copy of said notice shall be
mailed to the owner and any other person claiming any interest in the
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abandoned motor vehicle, at their last-known mailing address, by
registered mail on the same date of posting said notice.
C. Proceedings for such sale under this section shall not be
commenced until ten (10) days after the lien has accrued.
D. A return of such sale shall be made at the time of sale and
proof of posting and mailing of the notice of sale of abandoned
vessel.
E. The proceeds from the sale of an abandoned vessel made
pursuant to subsection B of this section shall be applied in the
following order:
1. To the reasonable cost incurred in the sale of the abandoned
vessel;
2. To the satisfaction of the special lien provided for in
subsection A of this section;
3. To the satisfaction of any indebtedness secured by a
subordinate security interest or lien in the vessel; and
4. To the owner if the owner is known, and if the owner or the
address of the owner is not known, to the Oklahoma Tax Commission to
be remitted to the State Treasurer and deposited in the General
Revenue Fund.
Added by Laws 2002, c. 66, § 7.
§63-4218. Violations - Penalties.
A. Except as otherwise provided by the provisions of this
section, any person violating the provisions of the Oklahoma Boating
Safety Regulation Act for which another penalty is not provided, upon
conviction thereof, shall be guilty of a misdemeanor and shall be
subject to a fine not to exceed Fifty Dollars ($50.00) for each such
violation.
B. Any person who violates Section 4213 of this title for which
another penalty is not provided, upon conviction thereof, shall be
guilty of a misdemeanor and shall be subject to a fine of not less
than Two Hundred Dollars ($200.00) and not more than One Thousand
Dollars ($1,000.00).
C. Any person who violates any provision of Sections 4206
through 4212 of this title, for which another penalty is not
provided, upon conviction thereof, shall be guilty of a misdemeanor
and shall be subject to a fine of not to exceed One Hundred Dollars
($100.00) for each such violation.
Added by Laws 1989, c. 346, § 70, emerg. eff. June 3, 1989. Amended
by Laws 1992, c. 284, § 57, eff. Jan. 1, 1993; Laws 2003, c. 393, §
8, emerg. eff. June 4, 2003.
§63-4219. Nighttime speed limit.
It shall be unlawful for any person to operate any vessel upon
the waters of this state which are under the jurisdiction of the
Grand River Dam Authority (GRDA), between the hours of one-half hour
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after sunset and one-half hour before sunrise at any speed in excess
of thirty-five (35) miles per hour. Any person violating the
provisions of this section shall be guilty of a misdemeanor and shall
be punishable by a fine of not less than Fifty Dollars ($50.00) nor
more than Two Hundred Fifty Dollars ($250.00).
Added by Laws 1996, c. 337, § 4, eff. July 1, 1996. Amended by Laws
1997, c. 199, § 9, eff. Nov. 1, 1997.
§63-4220. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4220.1. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4220.2. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4220.3. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4220.4. Repealed by Laws 1992, c. 284, § 59, eff. Jan. 1, 1993.
§63-4221. Failure to comply with lawful order or directive of law
enforcement officer.
No person shall willfully fail or refuse to comply with any
lawful order or directive of any law enforcement officer while in the
performance of his or her duty of enforcing the provisions of Title
63 or Title 21 of the Oklahoma Statutes. Failure to comply will
constitute a misdemeanor punishable by a fine not to exceed Two
Hundred Fifty Dollars ($250.00).
Added by Laws 1996, c. 337, § 5, eff. July 1, 1996. Amended by Laws
2004, c. 364, § 5, eff. Nov. 1, 2004.
§63-4222. Repealed by Laws 2018, c. 27, § 62, eff. Nov. 1, 2018.
§63-4230. Repealed by Laws 1997, c. 240, § 6, emerg. eff. May 23,
1997.
§63-4230.1. Repealed by Laws 2003, c. 459, § 12.
§63-4231. Short title.
Sections 1 through 6 of this act shall be known and may be cited
as the “Kyle Williams Boating Safety Education Act”.
Added by Laws 2006, c. 228, § 1, eff. Jan. 1, 2007.
§63-4232. Definitions - Requirements for persons younger than
sixteen to operate certain motorized vessels, personal watercraft -
Boating Safety Education Certificate.
A. As used in this section:
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1. "Vessel" shall have the same meaning as defined in Section
4002 of Title 63 of the Oklahoma Statutes, but shall not include
personal watercraft; and
2. "Boating safety education course" means a course in safe
boating that meets or exceeds the minimum instruction standards as
established by the National Association of State Boating Law
Administrators in effect at the time the course is completed.
B. A person under sixteen (16) years of age shall not operate
any vessel, as defined in this section, powered by a motor or
combination of motors in excess of ten (10) horsepower or any sail-
powered vessel sixteen (16) feet or greater in length on the waters
of this state unless the person has:
1. Successfully completed a boating safety education course or
has passed a proctored equivalency examination which tests the
knowledge of information included in the curriculum of such a course;
and
2. Received a Boating Safety Education Certificate as evidence
of successful completion of a boating safety education course or an
equivalency examination.
C. A person at least twelve (12) years of age, but who has not
reached sixteen (16) years of age, shall not operate a vessel, as
defined in this section, powered by a motor or combination of motors
in excess of ten (10) horsepower or any sail-powered vessel sixteen
(16) feet or greater in length on the waters of this state unless the
person:
1. Has met the requirements listed in subsection B of this
section; and
2. Is accompanied by a competent adult, eighteen (18) years of
age or older, who is in a position on or in the vessel to take
immediate control of the vessel being operated.
D. 1. A person under sixteen (16) years of age shall not
operate a personal watercraft unless the person has met the
requirements listed in subsection B of this section.
2. A person at least twelve (12) years of age, but who has not
reached sixteen (16) years of age, shall not operate a personal
watercraft unless the person:
a. Has met the requirements listed in subsection B of this
section; and
b. Is under the visual supervision by a competent adult,
eighteen (18) years of age or older within a distance of five
hundred (500) yards.
The operator of a personal watercraft shall stay at least fifty (50)
feet away from all moving vessels, shall idle at or in the vicinity
of docks and swimmers, and shall wear an approved personal flotation
device.
E. The Department of Public Safety shall promulgate rules
necessary for:
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1. The certification of programs and tests for boating safety
education offered by other public or private organizations;
2. The administration of a boating safety education program;
and
3. The issuance of boating safety education certificates.
F. A Boating Safety Education Certificate issued by the
Department of Public Safety to a person who has successfully
completed a boating safety education course or course equivalency
examination shall not expire.
G. A person who is operating a vessel on the waters of this
state shall have in his or her immediate possession:
1. The original Boating Safety Education Certificate as proof
the operator meets the requirements of this section; or
2. A photo identification that clearly shows the operator is
sixteen (16) years of age or older.
Failure to present such proof upon request by a peace officer shall
be prima facie evidence of a violation of this section.
Added by Laws 2006, c. 228, § 2, eff. Jan. 1, 2007.
§63-4233. Exceptions to certification requirement.
Except as otherwise provided, a person is not required to comply
with the certification required by Section 2 of this act if the
person:
1. Is not a resident of this state and has proof the person has
successfully completed a boating safety education course or
equivalency examination in another state or foreign country that is
approved by the Department of Public Safety;
2. Is participating in a sanctioned event as defined in Section
4201 et seq. of this title; or
3. Is operating a personal watercraft as defined in Section 4201
et seq. of this title in a no-wake zone while under the supervision
of an adult.
Added by Laws 2006, c. 228, § 3, eff. Jan. 1, 2007.
§63-4234. Unlawful acts regarding certificates.
It shall be unlawful for any person to:
1. Alter, forge, counterfeit or falsify any Boating Safety
Education Certificate issued under the laws of this or any other
state;
2. Possess a Boating Safety Education Certificate that has been
altered, forged, counterfeited or falsified;
3. Lend or to sell to, or knowingly permit the use of by one not
entitled thereto, any Boating Safety Education Certificate; or
4. Make a false statement or to knowingly conceal a material
fact or otherwise commit a fraud in any such application for a
Boating Safety Education Certificate.
Added by Laws 2006, c. 228, § 4, eff. Jan. 1, 2007.
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§63-4235. Violation of certification requirement - Penalties.
A. Any parent, legal guardian or person having actual
responsibility for a person under sixteen (16) years of age, or who
is the owner of the vessel operated by a person under sixteen (16)
years of age, who knows, or should have known, that the person
operating the vessel is not in compliance with the certification
required by Section 2 of this act shall constitute a misdemeanor and,
upon conviction thereof, shall be punishable by a fine of not less
than Fifty Dollars ($50.00) nor more than One Hundred Dollars
($100.00). Any second or subsequent conviction shall be punishable
by a fine in an amount of not less than Two Hundred Fifty Dollars
($250.00), nor more than Five Hundred Dollars ($500.00).
B. A violation of the provisions of Section 2 of this act shall
constitute a misdemeanor and, upon conviction thereof, shall be
punishable by a fine of not less than Two Hundred Fifty Dollars
($250.00) nor more than One Thousand Dollars ($1,000.00).
C. All fines collected under this section shall be deposited to
the Boating Safety Education Fund administered by the State Boating
Law Administrator as designated by the Commissioner of Public Safety
for the purpose of establishing, maintaining and operating a program
of boating safety education throughout the State of Oklahoma.
D. A court may defer the imposition of a fine and place a
defendant on probation for a period not to exceed sixty (60) days if
the defendant:
1. Is a first-time violator of a provision of this section;
2. Pleads guilty or nolo contendere or is found guilty;
3. Requests permission from the court to attend a boating safety
education course; and
4. Successfully completes a boating safety education course
approved by the Department of Public Safety during the probation
period.
E. Any person producing proof in court that a valid Boating
Safety Education Certificate or equivalent form recognized by the
Department of Public Safety reflecting such person has successfully
completed a boating safety education course or is exempt from such
course was in effect at the time of the alleged offense of Section 2
of this act shall be entitled to dismissal of such charge upon
payment of court costs. If such proof is provided within two (2)
regular business days after the violation, the charge shall be
dismissed without payment of court costs.
Added by Laws 2006, c. 228, § 5, eff. Jan. 1, 2007.
§63-4236. Boating Safety Education Fund.
There is hereby created in the State Treasury a revolving fund
for the Department of Public Safety to be designated the "Boating
Safety Education Fund". The fund shall be a continuing fund, not
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subject to fiscal year limitations, and shall consist of fine monies
collected pursuant to Section 4235 of this title and any monies
contributed to the fund from any other source. All monies accruing
to the credit of such fund are hereby appropriated and shall be
budgeted and expended by the Department for the exclusive purposes of
establishing and maintaining a boating safety education program
throughout the State of Oklahoma. Expenditures from such 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. 228, § 6, eff. Jan. 1, 2007. Amended by Laws
2012, c. 304, § 522.
§63-4251. Short title.
This act shall be known and may be cited as the "Vessel and Motor
Chop Shop, Stolen and Altered Property Act".
Added by Laws 1997, c. 146, § 1, eff. Nov. 1, 1997.
§63-4252. Definitions.
In addition to the terms defined by the Oklahoma Vessel and Motor
Registration Act, Section 4002 et seq. of Title 63 of the Oklahoma
Statutes, and the terms defined by the Oklahoma Boating Safety
Regulation Act, Section 4201 et seq. of Title 63 of the Oklahoma
Statutes, for the purposes of the Vessel and Motor Chop Shop, Stolen
and Altered Property Act:
1. "Chop shop" means any building, lot or other premises where
one or more persons are or have been knowingly engaged in altering,
destroying, disassembling, dismantling, reassembling, or knowingly
storing any vessel or motor, or vessel or motor part known to be
illegally obtained by theft, fraud or conspiracy to defraud, in order
to either:
a. alter, counterfeit, deface, destroy, disguise, falsify,
forge, obliterate, or remove the identity, including
the hull identification number, manufacturer's serial
number or other identification number of such vessel or
motor or vessel or motor part, in order to misrepresent
the identity of such vessel or motor or vessel or motor
part, or to prevent the identification of such vessel
or motor or vessel or motor part, or
b. sell or dispose of such vessel or motor or vessel or
motor part; and
2. "Unidentifiable" means that the uniqueness of a vessel or
motor or vessel or motor part cannot be established by either expert
law enforcement investigative personnel specially trained and
experienced in vessel or motor theft investigative procedures and
vessel or motor identification examination techniques, or by expert
employees of not-for-profit vessel or motor theft prevention agencies
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specially trained and experienced in vessel or motor theft
investigation procedures and vessel or motor identification
examination techniques.
Added by Laws 1997, c. 146, § 2, eff. Nov. 1, 1997.
§63-4253. Crimes and penalties - Exceptions - Punishment for second
and subsequent offenses - Restitutions.
A. Any person who knowingly and with intent that a violation of
this section be committed:
1. Owns, operates, or conducts a chop shop;
2. Transports any vessel or motor or vessel or motor part to or
from a location knowing it to be a chop shop; or
3. Sells, transfers, purchases, or receives any vessel or motor
or vessel or motor part either to or from a location knowing it to be
a chop shop,
upon conviction, is guilty of a felony, punishable by imprisonment
for not more than ten (10) years, or by a fine of not more than One
Hundred Thousand Dollars ($100,000.00), or both such imprisonment and
fine.
B. Any person who knowingly alters, counterfeits, defaces,
destroys, disguises, falsifies, forges, obliterates, or knowingly
removes a hull identification number, manufacturer's serial number or
other identification number with the intent to misrepresent the
identity or prevent the identification of a vessel or motor or vessel
or motor part, upon conviction, is guilty of a felony, punishable by
imprisonment for not more than ten (10) years, or by a fine of not
more than One Hundred Thousand Dollars ($100,000.00), or both such
imprisonment and fine.
C. 1. Any person who buys, disposes, sells, transfers, or
possesses a vessel or motor or vessel or motor part, with knowledge
that the hull identification number, manufacturer's serial number or
other identification number of the vessel or motor or vessel or motor
part has been altered, counterfeited, defaced, destroyed, disguised,
falsified, forged, obliterated, or removed, upon conviction, is
guilty of a felony, punishable by imprisonment for not more than five
(5) years, or by a fine of not more than Fifty Thousand Dollars
($50,000.00), or both such imprisonment and fine.
2. The provisions of paragraph 1 of this subsection shall not
apply to a vessel or motor scrap processor who, in the normal legal
course of business and in good faith, processes a vessel or motor or
vessel or motor part by crushing, compacting, or other similar
methods, provided that any hull identification number, manufacturer's
serial number or other identification number is not removed from the
vessel or motor or vessel or motor part prior to or during any such
processing.
3. The provisions of paragraph 1 of this subsection shall not
apply to any owner or authorized possessor of a vessel or motor or
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vessel or motor part which has been recovered by law enforcement
authorities after having been stolen or where the condition of the
hull identification number, manufacturer's serial number or other
identification number of the vessel or motor or vessel or motor part
is known to or has been reported to law enforcement authorities. It
shall be presumed that law enforcement authorities have knowledge of
all hull identification numbers, manufacturer's serial numbers or
other identification numbers on a vessel or motor or vessel or motor
part which are altered, counterfeited, defaced, disguised, falsified,
forged, obliterated, or removed, when law enforcement authorities
deliver or return the vessel or motor or vessel or motor part to its
owner or authorized possessor after it has been recovered by law
enforcement authorities after having been reported stolen.
D. A person commits an attempt when, with intent to commit a
violation proscribed by subsection A, B or C of this section, the
person does any act which constitutes a substantial step toward the
commission of the violation proscribed by subsection A, B or C of
this section, and upon conviction is guilty of a felony, punishable
by imprisonment for not more than five (5) years, or by a fine of not
more than Fifty Thousand Dollars ($50,000.00), or both such
imprisonment and fine.
E. A person commits conspiracy when, with an intent that a
violation proscribed by subsection A, B or C of this section be
committed, the person agrees with another to the commission of the
violation proscribed by subsection A, B or C of this section, and
upon conviction is guilty of a felony, punishable by imprisonment for
not more than two (2) years, or by a fine of not more than Twenty-
five Thousand Dollars ($25,000.00), or both such imprisonment and
fine. No person may be convicted of conspiracy under this section
unless an act in furtherance of such agreement is alleged and proved
to have been committed by that person or a coconspirator.
F. A person commits solicitation when, with intent that a
violation proscribed by subsection A, B or C of this section be
committed, the person commands, encourages, or requests another to
commit the violation proscribed by subsection A, B or C of this
section, and upon conviction is guilty of a felony, punishable by
imprisonment for not more than two (2) years, or by a fine of not
more than Ten Thousand Dollars ($10,000.00), or both such
imprisonment and fine.
G. A person commits aiding and abetting when, either before or
during the commission of a violation proscribed by subsection A, B or
C of this section, with the intent to promote or facilitate such
commission, the person aids, abets, agrees or attempts to aid another
in the planning or commission of the violation proscribed by
subsection A, B or C of this section, and upon conviction is guilty
of a felony, punishable by imprisonment for not more than one (1)
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year, or by a fine of not more than Five Thousand Dollars
($5,000.00), or both such imprisonment and fine.
H. A person is an accessory after the fact who maintains,
assists, or gives any other aid to an offender while knowing or
having reasonable grounds to believe the offender to have committed a
violation under subsection A, B, C, D, E, F or G of this section, and
upon conviction is guilty of a felony, punishable by imprisonment for
not more than one (1) year, or by a fine of not more than Five
Thousand Dollars ($5,000.00), or both such imprisonment and fine.
I. No prosecution shall be brought and no person shall be
convicted of any violation under this section, where acts of the
person, otherwise constituting a violation, were done in good faith
in order to comply with the laws or regulations of any state or
territory of the United States, or of the federal government of the
United States.
J. The sentence imposed upon a person convicted of any violation
of this section shall not be reduced to less than one (1) year
imprisonment for a second conviction of any violation, or less than
five (5) years for a third or subsequent conviction of any violation
of this section, and no sentence imposed upon a person for a second
or subsequent conviction of any violation of this section shall be
suspended or reduced, until such person shall have served the minimum
period of imprisonment provided for herein. A person convicted of a
second or subsequent violation of this section shall not be eligible
for probation, parole, furlough or work release.
K. 1. In addition to any other punishment, a person who
violates this section shall be ordered to make restitution to the
lawful owner or owners of the stolen vessel or motor or the stolen
vessel or motor part or parts, or to the owner's insurer to the
extent that the owner has been compensated by the insurer, and to any
other person for any financial loss sustained as a result of a
violation of this section.
Financial loss shall include, but not be limited to, loss of
earnings, out-of-pocket and other expenses, repair and replacement
costs and claims payments. "Lawful owner" shall include an innocent
bona fide purchaser for value of a stolen vessel or motor or stolen
vessel or motor part who does not know that the vessel or motor or
part is stolen; or an insurer to the extent that such insurer has
compensated a bona fide purchaser for value.
2. The court shall determine the extent and method of
restitution. In an extraordinary case, the court may determine that
the best interests of the victim and justice would not be served by
ordering restitution. In any such case, the court shall make and
enter specific written findings on the record concerning the
extraordinary circumstances presented which militated against
restitution.
Added by Laws 1997, c. 146, § 3, eff. Nov. 1, 1997.
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§63-4254. Seizure of property.
A. Any tool, implement, or instrumentality, including, but not
limited to, a vessel or motor or vessel or motor part, used or
possessed in connection with any violation of Section 3 of this act
may be seized by a member of a state or local law enforcement agency
when:
1. The seizure is incident to inspection under an administrative
inspection warrant;
2. The seizure is incident to a search made under a search
warrant;
3. The seizure is incident to a lawful arrest;
4. The seizure is made pursuant to a valid consent to search;
5. The property seized has been the subject of a prior judgment
in favor of the state in a criminal proceeding, or in an injunction
or forfeiture proceeding under Section 6 of this act; or
6. There are reasonable grounds to believe that the property is
directly or indirectly dangerous to health or safety.
B. When property is seized under this section, the seizing
agency may:
1. Place the property under seal; or
2. Remove the property to a place selected and designated by the
seizing agency.
Added by Laws 1997, c. 146, § 4, eff. Nov. 1, 1997.
§63-4255. Forfeiture of property.
A. The following are subject to forfeiture unless obtained by
theft, fraud or conspiracy to defraud and the rightful owner is known
or can be identified and located:
1. Any tool;
2. Any implement; or
3. Any instrumentality, including, but not limited to, any
vessel or motor or vessel or motor part, whether owned or unowned by
the person from whose possession or control it was seized, which is
used or possessed either in violation of Section 3 of this act or to
promote or facilitate a violation of Section 3 of this act.
B. Any vessel or motor, other conveyance, or vessel or motor
part used by any person as a common carrier is subject to forfeiture
under this section where the owner or other person in charge of the
vessel or motor, other conveyance, or vessel or motor part is a
consenting party to a violation of Section 3 of this act.
C. No vessel or motor, vessel or motor part, other conveyance,
tool, implement, or instrumentality is subject to forfeiture under
this section by reason of any act or omission which the owner proves
to have been committed or omitted without the owner's knowledge or
consent.
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D. 1. Seizing agencies shall utilize their best efforts to
identify any seized vessel or motor or vessel or motor part to
determine ownership or the identity of any other person having a
right or interest in a seized vessel or motor or vessel or motor
part. In its reasonable identification and owner location attempts,
the seizing agency shall cause the National Crime Information Center
(NCIC) to be searched for stolen or wanted information on vessels or
motors similar to the seized vessel or motor or consistent with the
seized vessel or motor part.
2. Where a vessel or motor or vessel or motor part has an
apparent value in excess of One Thousand Dollars ($1,000.00):
a. the seizing agency shall consult with an expert of the
type specified in Section 2 of this act, and
b. the seizing agency shall also request searches of the
on-line and off-line files of the National Crime
Information Center (NCIC) when the state law
enforcement files have been searched with negative
results.
E. A forfeiture of a vessel or motor, vessel or motor part, or
other conveyance encumbered by a bona fide security interest is
subject to the interest of the secured party where the secured party
neither had knowledge of nor consented to the act or omission forming
the ground for the forfeiture.
F. Property described in subsection A of this section seized and
held for forfeiture shall not be subject to replevin and is subject
only to the order and judgments of a court of competent jurisdiction
hearing the forfeiture proceedings.
G. 1. The district attorney in the county where the seizure
occurs shall bring an action for forfeiture in a court of competent
jurisdiction. The forfeiture action shall be brought within sixty
(60) days from the date of seizure except where the district attorney
in the sound exercise of discretion determines that no forfeiture
action should be brought because of the rights of property owners,
lienholders, or secured creditors, or because of exculpatory,
exonerating, or mitigating facts and circumstances.
2. The district attorney shall give notice of the forfeiture
proceeding by mailing a copy of the complaint in the forfeiture
proceeding to each person whose right, title, or interest is of
record in the Oklahoma Tax Commission, the Department of Public
Safety, the Federal Aviation Agency, or any other department of the
state, or any other state or territory of the United States, or of
the federal government if such property is required to be registered
in any such department.
3. Notice of the proceeding shall be given to any such other
person as may appear, from the facts and circumstances, to have any
right, title, or interest in or to the property.
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4. The owner of the property, or any person having, or claiming,
right, title, or interest in the property may within sixty (60) days
after the mailing of such notice file a verified answer to the
complaint and may appear at the hearing on the action for forfeiture.
5. The district attorney shall show at a forfeiture hearing, by
a preponderance of the evidence, that such property was used in the
commission of a violation of Section 3 of this act, or was used or
possessed to facilitate such violation.
6. The owner of property may show by a preponderance of the
evidence that the owner did not know, and did not have reason to
know, that the property was to be used or possessed in the commission
of any violation or that any of the exceptions to forfeiture are
applicable.
7. Unless the district attorney shall make the showing required
of it, the court shall order the property released to the owner.
Where the prosecutor has made such a showing, the court may order:
a. the property be destroyed by the agency which seized it
or some other agency designated by the court,
b. the property be delivered and retained for use by the
agency which seized it or some other agency designated
by the court, or
c. the property be sold at public sale.
H. A copy of a forfeiture order shall be filed with the sheriff
of the county in which the forfeiture occurs and with each federal or
state department with which such property is required to be
registered. Such order, when filed, constitutes authority for the
issuance to the agency to whom the property is delivered and retained
for use or to any purchaser of the property of a title certificate,
registration certificate, or other special certificate as may be
required by law considering the condition of the property.
I. Proceeds from sale at public auction, after payment of all
reasonable charges and expenses incurred by the agency designated by
the court to conduct the sale in storing and selling the property,
shall be paid to the general fund of the county of seizure or
treasury of the governmental unit employing the seizing agency.
J. No vessel or motor, either seized under Section 4 of this act
or forfeited under this section, shall be released by the seizing
agency or used or sold by an agency designated by the court unless
any altered, counterfeited, defaced, destroyed, disguised, falsified,
forged, obliterated, or removed hull identification number,
manufacturer's serial number or other identification number is
corrected by the issuance and affixing of either an assigned or
replacement hull identification number plate, manufacturer's serial
number plate or other identification number plate as may be
appropriate under laws or regulations of this state.
K. No motor part having any altered, counterfeited, defaced,
destroyed, disguised, falsified, forged, obliterated, or removed hull
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identification number, manufacturer's serial number or other
identification number shall be disposed of upon forfeiture except by
destruction thereof, except that this provision shall not apply to
any vessel or motor part which is assembled with and constitutes part
of a vessel or motor.
L. No vessel or motor or vessel or motor part shall be forfeited
under this section solely on the basis that it is unidentifiable.
Instead of forfeiture, any seized vessel or motor or vessel or motor
part which is unidentifiable shall be the subject of a written report
sent by the seizing agency to the Department of Public Safety which
report shall include a description of the vessel or motor or vessel
or motor part, its color, if any, the date, time and place of its
seizure, the name of the person from whose possession or control it
was seized, the grounds for its seizure, and the location where the
same is held or stored.
M. When a seized unidentifiable vessel or motor or vessel or
motor part has been held for sixty (60) days or more after the notice
to the Department of Public Safety specified in subsection L of this
section has been given, the seizing agency or its agent shall cause
the vessel or motor or vessel or motor part to be sold at public sale
to the highest bidder. Notice of the time and place of sale shall be
posted in a conspicuous place for at least thirty (30) days prior to
the sale on the premises where the vessel or motor or vessel or motor
part has been stored.
N. When a seized unidentifiable vessel or motor or vessel or
motor part has an apparent value of One Thousand Dollars ($1,000.00)
or less, the seizing agency shall authorize the disposal of the
vessel or motor or vessel or motor part, provided that no such
disposition shall be made less than sixty (60) days after the date of
seizure.
O. The proceeds of the public sale of an unidentifiable vessel
or motor or vessel or motor part shall be deposited in the General
Revenue Fund of the state, or treasury of the governmental unit
employing the seizing agency after deduction of any reasonable and
necessary towing and storage charges.
P. Seizing agencies shall utilize their best efforts to arrange
for the towing and storing of vessels or motors and vessel or motor
parts in the most economical manner possible. In no event shall the
owner of a vessel or motor or a vessel or motor part be required to
pay more than the minimum reasonable costs of towing and storage.
Q. A seized vessel or motor or vessel or motor part that is
neither forfeited nor unidentifiable shall be held subject to the
order of the court in which the criminal action is pending or, if a
request for its release from such custody is made, until the district
attorney has notified the defendant or the defendant's attorney of
such request and both the prosecution and defense have been afforded
a reasonable opportunity for an examination of the property to
/ -*--+!(' !+0 '.!- -&,-)!2 -9!54
determine its true value and to produce or reproduce, by photographs
or other identifying techniques, legally sufficient evidence for
introduction at trial or other criminal proceedings. Upon expiration
of a reasonable time for the completion of the examination, which in
no event shall exceed fourteen (14) days from the date of service
upon the defense of the notice of request for return of property as
provided herein, the property shall be released to the person making
such request after satisfactory proof of such person's entitlement to
the possession thereof. Notwithstanding the foregoing, upon
application by either party with notice to the other, the court may
order retention of the property if it determines that retention is
necessary in the furtherance of justice.
R. When a seized vessel or motor is forfeited, restored to its
owner, or disposed of as unidentifiable, the seizing agency shall
retain a report of the transaction for a period of at least one (1)
year from the date of the transaction.
S. When an applicant for a certificate of title or salvage
certificate presents to the Oklahoma Tax Commission proof that the
applicant purchased or acquired a vessel or motor at a public sale
conducted pursuant to this section and such fact is attested to by
the seizing agency, the Oklahoma Tax Commission shall issue a
certificate of title, salvage certificate for the vessel or motor
upon receipt of the statutory fee, properly executed application for
a certificate of title, or other certificate of ownership, and the
affidavit of the seizing agency that a state-assigned number was
applied for and affixed to the vessel or motor prior to the time that
the vessel or motor was released by the seizing agency to the
purchaser.
Added by Laws 1997, c. 146, § 5, eff. Nov. 1, 1997.
§63-4256. Civil proceedings.
A. The Attorney General, any district attorney or any aggrieved
person may institute civil proceedings against any person in any
court of competent jurisdiction seeking relief from conduct
constituting a violation of any provision of the Vessel and Motor
Chop Shop, Stolen and Altered Property Act. If the plaintiff in such
a proceeding proves the alleged violation, or its threat, by a
preponderance of the evidence, any court of competent jurisdiction,
after due provision for the rights of innocent persons, shall grant
relief by entering any appropriate order or judgment, including, but
not limited to:
1. Ordering any defendant to be divested of any interest in any
property;
2. Imposing reasonable restrictions upon the future activities
or investments of any defendant, including prohibiting any defendant
from engaging in the same type of endeavor as the defendant was
engaged in previously;
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3. Ordering the suspension or revocation of a license, permit,
or prior approval granted by any public agency or any other public
authority; or
4. Ordering the surrender of the charter of a corporation
organized under the laws of the state or the revocation of a
certificate authorizing a foreign corporation to conduct business
within the state upon finding that the board of directors or a
managerial agent acting on behalf of the corporation, in conducting
the affairs of the corporation, has authorized or engaged in conduct
made unlawful by the Vessel and Motor Chop Shop, Stolen and Altered
Property Act and that, for the prevention of future criminal conduct,
the public interest requires the charter of the corporation be
surrendered and the corporation dissolved or the certificate revoked.
B. In a proceeding under this section, injunctive relief shall
be granted in conformity with the principles that govern the granting
of relief from injury or threatened injury in other cases, but no
showing of special or irreparable injury shall have to be made.
Pending final determination of a proceeding under this section, a
temporary restraining order or a preliminary injunction may be issued
upon a showing of immediate danger of significant injury, including
the possibility that any judgment for money damages might be
difficult to execute, and, in a proceeding initiated by an aggrieved
person, upon the execution of proper bond against injury for an
injunction improvidently granted.
C. Any person injured, directly or indirectly, by conduct
constituting a violation by any person of Section 3 of this act
shall, in addition to any other relief, have a cause of action for
threefold the actual damages sustained by the person.
D. A final judgment or decree rendered against the defendant in
any civil or criminal proceeding shall estop the defendant in any
subsequent civil action or proceeding brought by any person as to all
matters as to which the judgment or decree would be an estoppel as
between the parties to the civil or criminal proceeding.
E. Notwithstanding any other provision of law providing a
shorter period of limitations, a civil action under this section may
be commenced at any time within five (5) years after the conduct made
unlawful under Section 3 of this act terminates or the cause of
action accrues or within any longer statutory period that may be
applicable. If any action is brought by a prosecutor to punish,
prevent or restrain any activity made unlawful under Section 3 of
this act, the running of the period of limitations shall be suspended
during the pendency of such action and for two (2) years following
its termination.
F. Personal service of any process in an action under this
section may be made upon any person outside the state if the person
has engaged in any conduct constituting a violation of Section 3 of
this act in this state. The person shall be deemed to have thereby
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submitted to the jurisdiction of the courts of this state for the
purposes of this provision.
G. Obtaining any civil remedy under this section shall not
preclude obtaining any other civil or criminal remedy under either
this act or any other provision of law. Civil remedies under this
section are supplemental and not mutually exclusive.
Added by Laws 1997, c. 146, § 6, eff. Nov. 1, 1997.
§63-4257. Criminal proceedings.
In addition to the power of the Attorney General or any district
attorney to institute civil proceedings under Section 6 of this act,
the Attorney General or any district attorney is empowered to
institute criminal prosecutions for a violation of Section 3 of this
act in any court of competent jurisdiction.
Added by Laws 1997, c. 146, § 7, eff. Nov. 1, 1997.
§63-5000.24. Medicaid Buy-In Program.
A. The Oklahoma Health Care Authority, following directives of
and upon approval of the Health Care Financing Administration, is
directed to implement a Medicaid Buy-In Program for persons with
disabilities, if funds become available. Components of such program
shall include, but not be limited to:
1. Allowing individuals with disabilities who are sixteen (16)
years of age and over, but under sixty-five (65) years of age, and
who, except for earned income, would be eligible to receive
Supplemental Security Income (SSI) benefits, regardless of whether
they have ever received Supplemental Security Income (SSI) cash
benefits, the option of purchasing Medicaid coverage that will enable
individuals with disabilities to gain and/or maintain employment and
reduce their dependency on existing cash benefit programs;
2. Removing work disincentives that inhibit individuals with
disabilities from engaging in work that is commensurate with their
abilities and capabilities;
3. Developing an infrastructure within and outside state
government that supports efforts to enhance employment opportunities
for individuals with disabilities; and
4. Ensuring meaningful input in the design, implementation, and
evaluation of programs, policies, and procedures developed under such
program by individuals with disabilities and other interested
parties.
B. The Oklahoma Health Care Authority Board shall promulgate any
rules necessary to implement provisions of the Oklahoma Ticket to
Work and Work Incentives Improvement Act regarding the Medicaid Buy-
In Program.
Added by Laws 2001, c. 365, § 3, emerg. eff. June 4, 2001.
§63-5000.25. Results-based funding pilot project.
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A. The Oklahoma Health Care Authority, upon approval of the
Health Care Financing Administration, is directed to develop a
results-based funding pilot project for eligible persons who
participate in the Oklahoma Medicaid program and who are currently
receiving outpatient behavioral health services, if funds become
available.
B. As used in this section:
1. “Results-based funding” means an approach which emphasizes
performance outcome measures, accountability of programmatic results,
program results showing cost efficiency and effectiveness for the
delivery of such program service, and consumer choice and
satisfaction; and
2. "Medicaid" means the medical assistance program established
in Title XIX of the Social Security Act, 42 U.S.C.A., Section 1396 et
seq., and administered in this state by the Oklahoma Health Care
Authority.
Added by Laws 2001, c. 365, § 4, emerg. eff. June 4, 2001.
§63-5003. Legislative declaration - Purpose.
A. The Legislature recognizes that the state is a major
purchaser of health care services, and the increasing costs of such
health care services are posing and will continue to pose a great
financial burden on the state. It is the policy of the state to
provide comprehensive health care as an employer to state employees
and officials and their dependents and to those who are dependent on
the state for necessary medical care. It is imperative that the
state develop effective and efficient health care delivery systems
and strategies for procuring health care services in order for the
state to continue to purchase the most comprehensive health care
possible.
B. It is therefore incumbent upon the Legislature to establish
the Oklahoma Health Care Authority whose purpose shall be to:
1. Purchase state and education employees' health care benefits
and Medicaid benefits;
2. Study all state-purchased and state-subsidized health care,
alternative health care delivery systems and strategies for the
procurement of health care services in order to maximize cost
containment in these programs while ensuring access to quality health
care; and
3. Make recommendations aimed at minimizing the financial burden
which health care poses for the state, its employees and its charges,
while at the same time allowing the state to provide the most
comprehensive health care possible.
Added by Laws 1993, c. 332, § 1.
§63-5004. Short title.
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Sections 1 through 14 of this act shall be known and may be cited
as the "Oklahoma Health Care Authority Act".
Added by Laws 1993, c. 332, § 2.
§63-5005. Definitions.
For purposes of the Oklahoma Health Care Authority Act:
1. "Administrator" means the chief executive officer of the
Authority;
2. "Authority" means the Oklahoma Health Care Authority;
3. "Board" means the Oklahoma Health Care Authority Board;
4. "Health services provider" means health insurance carriers,
pre-paid health plans, hospitals, physicians and other health care
professionals, and other entities who contract with the Authority for
the delivery of health care services to state and education employees
and persons covered by the state Medicaid program; and
5. "State-purchased health care" or "state-subsidized health
care" means medical and health care, pharmaceuticals and medical
equipment purchased with or supported by state and federal funds
through the Oklahoma Health Care Authority, the Department of Mental
Health and Substance Abuse Services, the State Department of Health,
the Department of Human Services, the Department of Corrections, the
Department of Veterans Affairs, other state agencies administering
state-purchased or state-subsidized health care programs, the
Oklahoma State Regents for Higher Education, the State Board of
Education and local school districts.
Added by Laws 1993, c. 332, § 3. Amended by Laws 1997, c. 109, § 1,
eff. Nov. 1, 1997.
§63-5006. Oklahoma Health Care Authority - Creation - Powers and
duties - Personnel.
A. There is hereby created the Oklahoma Health Care Authority.
The Authority shall have the power and duty to:
1. Purchase health care benefits for Medicaid recipients, and
others who are dependent on the state for necessary medical care, as
specifically authorized by law;
2. Enter into contracts for the delivery of state-purchased
health care and establish standards and criteria which must be met by
entities to be eligible to contract with the Authority for the
delivery of state-purchased health care;
3. Develop a proposed standard basic health care benefits
package or packages to be offered by health services providers, for
Medicaid recipients;
4. Study all matters connected with the provision of state-
purchased and state-subsidized health care coverage;
5. Develop and submit plans, reports and proposals, provide
information and analyze areas of public and private health care
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interaction pursuant to the provisions of the Oklahoma Health Care
Authority Act;
6. Serve as a resource for information on state-purchased and
state-subsidized health care access, cost containment and related
health issues;
7. Administer programs and enforce laws placed under the
jurisdiction of the Authority pursuant to the Oklahoma Health Care
Authority Act, and such other duties prescribed by law;
8. Collaborate with and assist the Insurance Commissioner in the
development of a Uniform Claim Processing System for use by third-
party payors and health care providers;
9. Collaborate with and assist the State Department of Health
with the development of licensure standards and criteria for pre-paid
health plans; and
10. Exercise all incidental powers which are necessary and
proper to carry out the purposes of the Oklahoma Health Care
Authority Act.
B. All positions within the Authority shall be unclassified
until approval of the annual business and personnel plan submitted by
January 1, 1995, by the Governor and the Legislature. In the annual
business plan submitted January 1, 1995, the Board shall include a
personnel plan which shall list, describe and justify all
unclassified positions within the Authority and their compensation.
All other employees and positions shall be classified and subject to
the provisions of the Merit System of Personnel Administration as
provided in the Oklahoma Personnel Act.
Added by Laws 1993, c. 332, § 4. Amended by Laws 1995, c. 204, § 6,
eff. July 1, 1995; Laws 1999, c. 87, § 1, emerg. eff. April 13, 1999.
§63-5007. Oklahoma Health Care Authority Board.
A. There is hereby created the Oklahoma Health Care Authority
Board which shall consist of the following nine (9) members:
1. Five members appointed by the Governor;
2. Two members appointed by the Speaker of the House of
Representatives; and
3. Two members appointed by the President Pro Tempore of the
Senate.
B. Each member shall serve at the pleasure of his or her
appointing authority and may be removed or replaced without cause.
Any member of the Board shall be prohibited from voting on any issue
in which the member has a direct financial interest. The
Administrator of the Oklahoma Health Care Authority shall be an ex
officio member of the Board, but shall be entitled to vote only in
case of a tie vote.
C. The Board shall have the power and duty to:
1. Establish the policies of the Oklahoma Health Care Authority;
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2. Adopt and promulgate rules as necessary and appropriate to
carry out the duties and responsibilities of the Authority. The
Board shall be the rulemaking body for the Authority; and
3. Adopt, publish and submit by January 1 of each year to the
Governor, the President Pro Tempore of the Senate, and the Speaker of
the House of Representatives appropriate administrative policies and
the business plan for that year. All actions governed by the
administrative policies and annual business plan shall be examined
annually in an independent audit.
D. A majority of the members of the Board shall constitute a
quorum for the transaction of business and for taking any official
action. Official action of the Board must have a favorable vote by a
majority of the members present.
E. Members appointed pursuant to subsection A of this section
shall serve without compensation but shall be reimbursed for expenses
incurred in the performance of their duties in accordance with the
State Travel Reimbursement Act.
F. The Board and the Authority shall act in accordance with the
provisions of the Oklahoma Open Meeting Act, the Oklahoma Open
Records Act and the Administrative Procedures Act.
Added by Laws 1993, c. 332, § 5. Amended by Laws 1994, c. 282, § 2,
eff. July 1, 1994; Laws 1995, c. 98, § 1, eff. July 1, 1995; Laws
1995, c. 204, § 7, eff. July 1, 1995; Laws 1998, c. 143, § 1, eff.
July 1, 1998; Laws 2002, c. 375, § 13, eff. Nov. 5, 2002; Laws 2019,
c. 9, § 1, emerg. eff. March 13, 2019.
§63-5007.1. Oklahoma Medicaid Accountability and Outcomes Act.
A. This act shall be known and may be cited as the "Oklahoma
Medicaid Accountability and Outcomes Act".
B. 1. Subject to the availability of funds, the Joint
Legislative Oversight Committee for the Oklahoma Health Care
Authority shall enter into a contract for a study of the Oklahoma
Medicaid Program. The contract shall be executed with an
organization having nationally recognized expertise in the area of
health care and health care service delivery.
2. The study shall include the entire Oklahoma Medicaid Program,
including the Medicaid managed care programs and services delivered
pursuant to the Oklahoma Medicaid Program Reform Act of 2003.
3. The purpose of the study shall be to evaluate access to care,
health care outcomes, and the quality and cost of health care and
related services delivered through the Oklahoma Medicaid Program.
4. A report of the study and findings shall be made to the
Oklahoma Health Care Authority Board, the Governor, and the
appropriate committees of the Oklahoma State Senate and the Oklahoma
House of Representatives.
Added by Laws 2002, c. 489, § 1, eff. Nov. 1, 2002. Amended by Laws
2003, c. 464, § 9, eff. July 1, 2003.
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§63-5008. Administrator - Qualifications - Status - Powers and
duties - Contract bidding process - Advisory committees.
A. The Administrator of the Oklahoma Health Care Authority shall
have the training and experience necessary for the administration of
the Authority. The Administrator shall be appointed by the Governor
with the advice and consent of the Senate and shall serve at the
pleasure of the Governor and may be removed or replaced without
cause. Compensation for the Administrator shall be determined by the
Governor. The Administrator may be removed from office by a two-
thirds (2/3) vote of the members elected to and constituting each
chamber of the Legislature.
B. The Administrator of the Oklahoma Health Care Authority shall
be the chief executive officer of the Authority and shall act for the
Authority in all matters except as may be otherwise provided by law.
The powers and duties of the Administrator shall include but not be
limited to:
1. Supervision of the activities of the Authority;
2. Formulation and recommendation of rules for approval or
rejection by the Oklahoma Health Care Authority Board and enforcement
of rules and standards promulgated by the Board;
3. Preparation of the plans, reports and proposals required by
the Oklahoma Health Care Authority Act, Section 5003 et seq. of this
title, other reports as necessary and appropriate, and an annual
budget for the review and approval of the Board;
4. Employment of such staff as may be necessary to perform the
duties of the Authority including but not limited to an attorney to
provide legal assistance to the Authority for the state Medicaid
program; and
5. Establishment of a contract bidding process which:
a. encourages competition among entities contracting with
the Authority for state-purchased and state-subsidized
health care; provided, however, the Authority may make
patient volume adjustments to any managed care plan
whose prime contractor is a state-sponsored, nationally
accredited medical school. The Authority may also make
education or research supplemental payments to state-
sponsored, nationally accredited medical schools based
on the level of participation in any managed care plan
by managed care plan participants,
b. coincides with the state budgetary process, and
c. specifies conditions for awarding contracts to any
insuring entity.
C. The Administrator may appoint advisory committees as
necessary to assist the Authority with the performance of its duties
or to provide the Authority with expertise in technical matters.
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Added by Laws 1993, c. 332, § 6. Amended by Laws 1994, c. 382, § 46,
eff. Sept. 1, 1994; Laws 1995, c. 1, § 21, emerg. eff. March 2, 1995;
Laws 1995, c. 330, § 1, emerg. eff. June 8, 1995; Laws 1996, c. 3, §
11, emerg. eff. March 6, 1996; Laws 2019, c. 9, § 2, emerg. eff.
March 13, 2019.
NOTE: Laws 1994, c. 282, § 3 repealed by Laws 1995, c. 1, § 40,
emerg. eff. March 2, 1995. Laws 1995, c. 204, § 8 repealed by Laws
1996, c. 3, § 25, emerg. eff. March 6, 1996.
§63-5009. Development of managed care system - Administration of
Oklahoma Medicaid Program.
A. On and after July 1, 1993, the Oklahoma Health Care Authority
shall be the state entity designated by law to assume the
responsibilities for the preparation and development for converting
the present delivery of the Oklahoma Medicaid Program to a managed
care system. The system shall emphasize:
1. Managed care principles, including a capitated, prepaid
system with either full or partial capitation, provided that highest
priority shall be given to development of prepaid capitated health
plans;
2. Use of primary care physicians to establish the appropriate
type of medical care a Medicaid recipient should receive; and
3. Preventative care.
The Authority shall also study the feasibility of allowing a
private entity to administer all or part of the managed care system.
B. On and after January 1, 1995, the Authority shall be the
designated state agency for the administration of the Oklahoma
Medicaid Program.
1. The Authority shall contract with the Department of Human
Services for the determination of Medicaid eligibility and other
administrative or operational functions related to the Oklahoma
Medicaid Program as necessary and appropriate.
2. To the extent possible and appropriate, upon the transfer of
the administration of the Oklahoma Medicaid Program, the Authority
shall employ the personnel of the Medical Services Division of the
Department of Human Services.
3. The Department of Human Services and the Authority shall
jointly prepare a transition plan for the transfer of the
administration of the Oklahoma Medicaid Program to the Authority.
The transition plan shall include provisions for the retraining and
reassignment of employees of the Department of Human Services
affected by the transfer. The transition plan shall be submitted to
the Governor, the President Pro Tempore of the Senate and the Speaker
of the House of Representatives on or before January 1, 1995.
C. In order to provide adequate funding for the unique training
and research purposes associated with the demonstration program
conducted by the entity described in paragraph 7 of subsection B of
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Section 6201 of Title 74 of the Oklahoma Statutes, and to provide
services to persons without regard to their ability to pay, the
Oklahoma Health Care Authority shall analyze the feasibility of
establishing a Medicaid reimbursement methodology for nursing
facilities to provide a separate Medicaid payment rate sufficient to
cover all costs allowable under Medicare principles of reimbursement
for the facility to be constructed or operated, or constructed and
operated, by the organization described in paragraph 7 of subsection
B of Section 6201 of Title 74 of the Oklahoma Statutes.
Added by Laws 1993, c. 332, § 7. Amended by Laws 1994, c. 282, § 4,
eff. July 1, 1994; Laws 1995, c. 1, § 22, emerg. eff. March 2, 1995;
Laws 1997, c. 292, § 11, eff. July 1, 1997; Laws 2000, c. 343, § 1,
emerg. eff. June 6, 2000; Laws 2003, c. 464, § 10, eff. July 1, 2003;
Laws 2004, c. 378, § 3, emerg. eff. June 3, 2004.
NOTE: Laws 1994, c. 103, § 1 repealed by Laws 1995, c. 1, § 40,
emerg. eff. March 2, 1995.
§63-5009.1. Oklahoma Health Care Authority - Acceptance of federal
grants - Appropriations in advance.
A. 1. The Oklahoma Health Care Authority may accept grants from
the federal government of monies or services for the purpose of
augmenting any assistance program or other program within the
jurisdiction of the Authority or to reimburse the state for any such
assistance payments.
2. The Authority shall comply with the requirements of any
federal agency governing the federal grants in any manner not
inconsistent with the Constitution and laws of this state.
B. The Authority may make apportionments in advance of funds
under its control, in accordance with the requirements of the federal
government, when such funds are to be matched in whole or in part by
federal funds; provided, the provisions of this subsection shall not
authorize the Authority to make apportionments in advance of such
funds in violation of any constitutional or statutory restrictions or
provisions.
Added by Laws 1996, c. 177, § 1, eff. Nov. 1, 1996.
§63-5009.2. Advisory Committee on Medical Care for Public Assistance
Recipients.
A. The Advisory Committee on Medical Care for Public Assistance
Recipients, created by the Oklahoma Health Care Authority, pursuant
to 42 Code of Federal Regulations, Section 431.12, for the purpose of
advising the Authority about health and medical care services, shall
include among its membership the following:
1. Board-certified physicians and other representatives of the
health professions who are familiar with the medical needs of low-
income population groups and with the resources available and
required for their care. The Advisory Committee shall, at all times,
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include at least one physician from each of the six classes of
physicians listed in Section 725.2 of Title 59 of the Oklahoma
Statutes; provided, however, such physicians shall be participating
providers in the State Medicaid Plan;
2. Members of consumers' groups, including, but not limited to:
a. Medicaid recipients, and
b. representatives from each of the following consumer
organizations which represent the interests of:
(1) people who are economically disadvantaged,
(2) children,
(3) the elderly,
(4) people with mental illness,
(5) people who are developmentally disabled, and
(6) people with alcohol or substance abuse problems;
3. The Director of the Department of Human Services; and
4. A member approved and appointed by the Oklahoma Academy of
Pediatrics who shall:
a. monitor provider relations with the Oklahoma Health
Care Authority, and
b. create a forum to address grievances.
B. The Advisory Committee shall meet bimonthly to review and
make recommendations related to:
1. Policy development and program administration;
2. Policy changes proposed by the Authority prior to
consideration of such changes by the Authority;
3. Financial concerns related to the Authority and the
administration of the programs under the Authority; and
4. Other pertinent information related to the management and
operation of the Authority and the delivery of health and medical
care services.
C. 1. The Administrator of the Authority shall provide such
staff support and independent technical assistance as needed by the
Advisory Committee to enable the Advisory Committee to make effective
recommendations.
2. The Advisory Committee shall elect from among its members a
chair and a vice-chair. A majority of the members of the Advisory
Committee shall constitute a quorum to transact business, but no
vacancy shall impair the right of the remaining members to exercise
all of the powers of the Advisory Committee.
3. Members shall not receive any compensation for their
services, but shall be reimbursed pursuant to the provisions of the
State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of
the Oklahoma Statutes.
D. The Authority shall give due consideration to the comments
and recommendations of the Advisory Committee in the Authority's
deliberations on policies, administration, management and operation
of the Authority.
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Added by Laws 1992, c. 291, § 1, eff. Sept. 1, 1992. Amended by Laws
1996, c. 213, § 1, eff. Nov. 1, 1996. Renumbered from § 187.1 of
Title 56 by Laws 1996, c. 213, § 2, eff. Nov. 1, 1996. Amended by
Laws 2006, c. 315, § 17, emerg. eff. June 9, 2006.
§63-5009.3. Repealed by Laws 2001, c. 277, § 14, eff. July 1, 2001.
§63-5009.4. Advisory Task Force on SoonerCare – Duties.
A. The duties of the Advisory Task Force on SoonerCare shall
include:
1. Addressing methods of educating SoonerCare members regarding
access to and proper utilization of emergency medical services
provided by hospitals and other health care providers;
2. Reviewing the eligibility determination process of the
Department of Human Services to ensure accuracy on physician
assignments and adequacy of education regarding availability of and
access to services;
3. Reviewing issues related to notification of participants by
contracting providers as a condition of payment;
4. Actively promoting equitable reimbursement rates for
emergency room screening; and
5. Addressing patient and provider educational endeavors
necessary for expansion of SoonerCare to the Aged, Blind and Disabled
and Title XXI populations.
B. The Task Force shall make recommendations to the Governor,
the President Pro Tempore of the Senate and the Speaker of the House
of Representatives no later than January 31, 2001.
Added by Laws 1999, c. 32, § 2, emerg. eff. April 5, 1999.
§63-5009.5. Acturarial certification of Medicaid managed care plan
capitation rates.
Contracted Medicaid managed care plan capitation rates shall be
certified as actuarially sound and shall reflect any Legislative or
Authority programmatic or administrative changes. The results of the
actuarial certification shall be disclosed to the public at least
thirty (30) days prior to implementation of the modification.
Added by Laws 2002, c. 489, § 2, eff. Nov. 1, 2002.
§63-5009.6. Diabetes self-management training report.
A. The Oklahoma Health Care Authority shall examine the
feasibility of a state plan amendment to the Oklahoma Medicaid
Program for diabetes self-management training (DSMT).
B. By December 1, 2018, the Authority shall submit a report to
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives and the Governor estimating the potential costs to
the state, clinical findings, reviews of pilot projects and research
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from other states on the effects of DSMT on persons with a diabetes
diagnosis.
C. Beginning July 1, 2019, and subject to the availability of
funding, the Authority shall draft a state plan amendment for DSMT
for persons with a diabetes diagnosis. The provisions of this
subsection shall only apply if the report required by subsection B of
this section demonstrates DSMT to be evidence-based and essential to
qualifying participants in the Oklahoma Medicaid Program.
D. As used in this section, "diabetes self-management training
(DSMT)" means the process of facilitating the knowledge, skill and
ability necessary for diabetes self-care. This process requires
incorporating the patient's unique needs and experiences into an
individualized education and support plan that promotes new behaviors
and solutions, including, but not limited to, healthy eating,
physical activity, self-monitoring and medication use.
Added by Laws 2018, c. 34, § 1, eff. Nov. 1, 2018.
§63-5010. Analysis of state health care programs - Exploration of
cost containment and delivery alternatives.
A. The Oklahoma Health Care Authority shall analyze the state-
purchased and state-subsidized health care programs and explore
options for cost containment and delivery alternatives for those
programs that are consistent with the purposes of those programs,
including, but not limited to:
1. Creation of economic incentives for the persons for whom the
state purchases or subsidizes health care to appropriately utilize
and purchase health care services, including the development of
flexible benefit plans to offset increases in individual financial
responsibility;
2. Utilization of provider arrangements that encourage cost
containment and ensure access to quality care, including, but not
limited to, prepaid delivery systems, utilization review, and
prospective payment methods;
3. Coordination of state agency efforts to purchase drugs
effectively;
4. Development of recommendations and methods for purchasing
medical equipment and supporting services on a volume discount basis;
and
5. Development of data systems to obtain utilization data from
state-purchased and state-subsidized health care programs in order to
identify cost centers, utilization patterns, provider and hospital
practice patterns, and procedure costs.
B. 1. The Authority shall prepare for the Governor, the
Legislature and the Joint Legislative Oversight Committee for the
Oklahoma Health Care Authority an annual report on the savings
realized and all costs incurred in the implementation of any drug
cost containment programs including, but not limited to:
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a. development and implementation of a drug prior
authorization list, and
b. other uses of prior authorizations.
2. Costs shall include direct costs such as staffing, contracts
and other resources used.
Added by Laws 1993, c. 332, § 8. Amended by Laws 2004, c. 218, § 1,
eff. Nov. 1, 2004.
§63-5011. State-purchased health care benefits – Utilization and
financial data review – Collection of cost and quality of service
data.
A. The Authority shall:
1. Require utilization review and financial data review from
participating entities which contract with the Authority for state-
purchased and state-subsidized health care on a quarterly basis;
2. Centralize enrollment files for all persons covered by state-
purchased and state-subsidized health care benefit plans;
3. Develop enrollment demographics on a plan-specific basis; and
4. Establish methods for collecting, analyzing, and
disseminating information on the cost and quality of services
rendered by health care providers to all persons covered by such
plans.
B. The administrator may require that any entity that contracts
for the delivery of services pursuant to a state-purchased or state-
subsidized health care benefit plan administered by the Authority
shall provide to said administrator all information deemed necessary
to fulfill the administrator's duties as set forth in the Oklahoma
Health Care Authority Act, Section 5003 et seq. of this title. All
data related to claims and produced pursuant to the Oklahoma Health
Care Authority Act shall be the property of this state.
C. Any savings realized pursuant to this section and Section
5009 of this title shall not be used to increase benefits unless such
use is authorized by law.
Added by Laws 1993, c. 332, § 9. Amended by Laws 1994, c. 282, § 5,
eff. July 1, 1994; Laws 1999, c. 87, § 2, emerg. eff. April 13, 1999.
§63-5011.1. State-purchased health care benefits – Optometrists to
be permitted to provide vision care or medical diagnosis and
treatment of the eye.
A. All state-purchased and state-subsidized health care benefit
plans, including but not limited to Medicaid, which offer services
for vision care or medical diagnosis and treatment for the eye shall
allow optometrists to be providers of those services. Such state-
purchased and state-subsidized health care benefit plans shall also
require equal payment for the same services provided by an
optometrist if the services are within the scope of practice of
optometry.
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B. With respect to optometric services, any state-purchased and
state-subsidized health care benefit plan, including but not limited
to Medicaid, which uses a gatekeeper or equivalent for referrals for
services for vision care or for medical diagnosis and treatment of
the eye, shall require such covered services be provided on a
referral basis within the medical group or network at the request of
an enrollee who has a condition requiring vision care or medical
diagnosis and treatment of the eye if:
1. A referral is necessitated in the judgment of the primary
care physician; and
2. Treatment for the condition falls within the licensed scope
of practice of an optometrist.
C. All state-purchased and state-subsidized health care benefit
plans shall have a defined set of standards and procedures for
selecting providers, including specialists, to serve enrollees. The
standards and procedures shall be drafted in such a manner that they
are applicable to all categories of providers and shall be utilized
by the health plan in a manner that is without bias for or
discrimination against a particular category or categories of
providers.
D. No health care benefit plan specified by this section shall
require a provider to have hospital privileges if hospital privileges
are not usual and customary for the services the provider provides.
E. Nothing in this section shall be construed to:
1. Prohibit any state-purchased and state-subsidized health care
benefit plan which offers services for vision care or medical
diagnosis and treatment for the eye from determining the adequacy of
the size of its network;
2. Prohibit an optometrist from agreeing to a fee schedule;
3. Limit, expand, or otherwise affect the scope of practice of
optometry; or
4. Alter, repeal, modify or affect the laws of this state except
where such laws are in conflict or are inconsistent with the express
provisions of this section.
F. Existing state-purchased and state-subsidized health care
benefit plans shall comply with the requirements of this section upon
issuance or renewal on or after the effective date of this act.
Added by Laws 2000, c. 54, § 3, eff. Nov. 1, 2000.
§63-5012. Submission of plans, proposals and recommendations to
Legislature - Contents.
On or before January 1, 1996, the Authority shall submit plans,
recommendations and proposals to the Governor and the Legislature
regarding state-purchased and state subsidized health care. Said
plans, proposals and recommendations shall include, but not be
limited to:
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1. A plan for local and regional health planning for health care
delivery;
2. A proposal for the containment of health care costs;
3. In collaboration with the Oklahoma State Regents, a proposal
for enhancing the number of primary care physicians and physician
extenders graduating from schools in Oklahoma and remaining to
practice within the state. The plan shall include recommendations
for improving access to basic health care through more effective
utilization of allied health care professionals and appropriate
geographic distribution of physicians and other health care
professionals;
4. A plan for facilitating the use of practice parameters based
upon outcomes research;
5. A proposal for the utilization of Resource Based-Relative
Value System for use as a rate schedule by third-party payors and
health care providers; and
6. A plan to reduce liability exposure and expense for all
health care providers.
Added by Laws 1993, c. 332, § 10.
§63-5013. Authority as resource for information on state health care
access, cost containment and related health issues.
A. The Authority shall serve as a resource for information on
state-purchased and state-subsidized health care access, cost
containment and related health issues, and shall:
1. Provide data and information required by the Governor, the
Legislature, or its committees, and to state agencies, institutions
of higher education and cities, towns, counties and school districts
and to private citizens and groups, within the limitations of the
resources available to the Authority;
2. Participate with any state agency or institution of higher
education in developing specific goals, programs, and performance
monitoring systems to assist in the development of health care
delivery in this state;
3. Conduct or contract for studies which are related to health
care delivery, involving product or process innovation; and
4. Prepare, publish and distribute such studies, reports,
bulletins and other materials as it considers appropriate regarding
health care studies and other relevant health care topics. Provided
that a copy of any material which evaluates health plans or health
care providers shall be provided to the Governor, the Speaker of the
House of Representatives and the President Pro Tempore of the Senate
at least sixty (60) days prior to public dissemination.
Added by Laws 1993, c. 332, § 11. Amended by Laws 1996, c. 355, § 1,
eff. July 1, 1996.
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§63-5013.1. Persons providing Medicaid home- and community-based
personal care services pursuant to contract with Authority.
A. An individual who only provides Medicaid home- and community-
based personal care services, pursuant to a contract with the
Oklahoma Health Care Authority, shall be exempt from the provisions
of the Home Care Act, Section 1-1960 et seq. of Title 63 of the
Oklahoma Statutes.
B. The Authority, with the assistance of the Aging Services
Division of the Department of Human Services, shall develop
qualifying criteria that comply with federal standards for personal
care services under the Medicaid program for persons providing
Medicaid home- and community-based personal care services pursuant to
a contract with the Oklahoma Health Care Authority. Such criteria
shall also include requirements for a criminal history investigation
to be conducted on such persons pursuant to Section 1-1950.1 of Title
63 of the Oklahoma Statutes.
Added by Laws 1997, c. 219, § 3, emerg. eff. May 19, 1997.
§63-5014. Repealed by Laws 2004, c. 378, § 5, emerg. eff. June 3,
2004.
§63-5015. Review of state-purchased and state-subsidized health care
programs and regulatory agencies - Report to Legislature.
The Oklahoma Health Care Authority shall review state-purchased
and state-subsidized health care programs and health care regulatory
agencies, including, but not limited to, medical services within the
Department of Mental Health and Substance Abuse Services, the
Department of Veterans Affairs, the Department of Human Services, the
State Department of Health, the Oklahoma Medical Center, the State
Education and Employees Group Insurance Board, and any other state-
purchased and state-subsidized health care programs as deemed
appropriate by the administrator, and submit to the Legislature, no
later than December 1, 1995, an initial report including, but not
limited to:
1. A description of the respective roles of these programs and
agencies regarding health care cost containment;
2. A plan to increase the combined efficiency of these programs
and agencies to control costs and maintain or improve access to
quality care;
3. Methods to ensure coordination between these programs and
agencies and the Authority;
4. An analysis of the real and potential impacts of cost
shifting; and
5. Recommendations regarding structural changes in the state's
current health care delivery system.
Added by Laws 1993, c. 332, § 13. Amended by Laws 1997, c. 109, § 3,
eff. Nov. 1, 1997.
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§63-5015.1. Legal division or unit.
A. The Oklahoma Health Care Authority Board shall establish a
legal division or unit in the Oklahoma Health Care Authority. The
Administrator of the Oklahoma Health Care Authority may employ
attorneys as needed, which may be on full-time and part-time basis.
Provided the Oklahoma Health Care Authority shall not exceed the
authorized full-time equivalent limit for attorneys as specified by
the Legislature in the appropriations bill for the Authority. Except
as otherwise provided by this section, such attorneys, in addition to
advising the Board, Administrator and Authority personnel on legal
matters, may appear for and represent the Board, Administrator and
Authority in legal actions and proceedings.
B. The Legislature shall establish full-time-equivalent limits
for attorneys employed by the Oklahoma Health Care Authority.
C. It shall continue to be the duty of the Attorney General to
give official opinions to the Board, Administrator and Authority, and
to prosecute and defend actions therefor, if requested to do so. The
Attorney General may levy and collect costs, expenses of litigation
and a reasonable attorney fee for such legal services from the
Authority. The Attorney General is authorized to levy and collect
costs, expenses and fees which exceed the costs associated with the
salary and benefits of one attorney FTE position per fiscal year.
D. The Board, Administrator or Authority shall not contract for
representation by private legal counsel unless approved by the
Attorney General. Such contract for private legal counsel shall be
in the best interests of the state.
E. 1. The Attorney General shall be notified by the Board or
its counsel of all lawsuits against the Authority, its officers or
employees that seek injunctive relief which would impose obligations
requiring the expenditure of funds in excess of unencumbered monies
in the agency's appropriations or beyond the current fiscal year.
2. The Attorney General shall review any such cases and may
represent the interests of the state, if the Attorney General
considers it to be in the best interest of the state to do so, in
which case the Attorney General shall be paid as provided in
subsection C of this section. Representation of multiple defendants
in such actions may, at the discretion of the Attorney General, be
divided with counsel for the Board, Administrator and Authority as
necessary to avoid conflicts of interest.
Added by Laws 1995, c. 95, § 1, emerg. eff. April 13, 1995.
§63-5016. Oklahoma Health Care Authority Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Health Care Authority to be designated the "Oklahoma
Health Care Authority Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
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consist of all monies received by the Authority, from any source.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Authority for
any purpose authorized by law. 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. 332, § 14. Amended by Laws 2012, c. 304, §
523.
§63-5017. Oklahoma Health Care Authority Federal Disallowance Fund.
There is hereby created in the State Treasury a fund for the
Oklahoma Health Care Authority to be designated the "Oklahoma Health
Care Authority Federal Disallowance Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations. It shall
consist of monies received by the Oklahoma Health Care Authority
which, in the opinion of the Oklahoma Health Care Authority Board,
may be subject to federal disallowances and interest which may accrue
on said receipts. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Oklahoma
Health Care Authority at the discretion of the Oklahoma Health Care
Authority Board for eventual settlement of the appropriate pending
disallowances. 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.
The Administrator of the Oklahoma Health Care Authority may
request the Director of the Office of Management and Enterprise
Services to transfer monies between the Oklahoma Health Care
Authority Federal Disallowance Fund and any other fund of the
authority, as needed for the expenditure of funds.
Added by Laws 1995, c. 96, § 1, eff. July 1, 1995. Amended by Laws
2012, c. 304, § 524.
§63-5018. Confidentiality of Medicaid applications and records -
Disclosure to authorized representative.
All applications and records concerning any applicant or
recipient under the Medicaid Program shall be confidential and shall
be open to inspection only to persons duly authorized by the Oklahoma
Health Care Authority, this state, or the United States, and for
purposes directly related to plan administration. Provided, however,
the Oklahoma Health Care Authority shall maintain a process to allow
an authorized representative of a client of the State Medicaid
Program to have access to confidential information when necessary for
eligibility determination and the appeals process. For purposes of
this section, "authorized representative" shall mean any person
designated by a client of the State Medicaid Program to review
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confidential information about the client pertinent to eligibility
determination and the appeals process. For purposes of this section,
"purposes directly related to plan administration" means establishing
eligibility, determining the amount of medical assistance, providing
services to recipients, conducting or assisting with an investigation
or prosecution, or civil or criminal proceedings in relation to the
administration of the State Medicaid Program.
Applications and records considered confidential are those which
disclose:
1. The name and address of the recipient;
2. The medical services provided;
3. The recipient's social and economic circumstances;
4. The agency's evaluation of personal information;
5. The medical data which includes but is not limited to
diagnosis and past history of disease and disability; and
6. Any information received for the purpose of verifying income
eligibility and determining the amount of medical assistance
payments.
Added by Laws 1995, c. 170, § 3, emerg. eff. May 8, 1995.
§63-5018.1. Concurrent applications by active duty military members.
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Added by Laws 2015, c. 66, § 2, eff. Nov 1, 2015.
§63-5019. Repealed by Laws 2004, c. 378, § 5, emerg. eff. June 3,
2004.
§63-5020. Oklahoma Health Care Authority Medicaid Program Fund.
There is hereby created in the State Treasury a fund for the
Oklahoma Health Care Authority to be designated the "Oklahoma Health
Care Authority Medicaid Program Fund". The 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 Oklahoma Health Care Authority at the
discretion of the Oklahoma Health Care Authority Board. Expenditures
from said fund shall be made upon warrants issued by the State
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Treasurer against claims filed as prescribed by law with the Director
of the Office of Management and Enterprise Services for approval and
payment.
The Administrator of the Oklahoma Health Care Authority may
request the Director of the Office of Management and Enterprise
Services to transfer monies between the Oklahoma Health Care
Authority Medicaid Program Fund and any other fund of the Authority,
as needed for the expenditure of funds.
Added by Laws 1995, c. 306, § 6, eff. July 1, 1995. Amended by Laws
2012, c. 304, § 525.
§63-5020A. Rate Preservation Fund.
There is hereby created in the State Treasury a fund for the
Oklahoma Health Care Authority to be designated the "Rate
Preservation Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of monies designated to
the fund by law. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Authority
for the sole purpose of maintaining reimbursement rates to providers
when decreases in the state's Federal Medical Assistance Percentage
(FMAP) rate would otherwise result in implementation of reimbursement
rate decreases by the Authority. 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. The Administrator
of the Authority may request the Director of the Office of Management
and Enterprise Services to transfer monies between the Rate
Preservation Fund and any other fund of the Authority as needed for
the expenditure of funds.
Added by Laws 2019, c. 447, § 1, emerg. eff. May 24, 2019.
§63-5021. Repealed by Laws 2004, c. 378, § 5, emerg. eff. June 3,
2004.
§63-5022. Repealed by Laws 2017, c. 324, § 3, emerg. eff. July 1,
2017.
§63-5022.1. Repealed by Laws 2017, c. 324, § 3, emerg. eff. July 1,
2017.
§63-5022.2. Nursing facilities liability insurance costs – Medicaid
reimbursement.
The Oklahoma Health Care Authority shall promulgate rules which
shall provide that the liability insurance costs of nursing
facilities shall be allowable costs for purposes of Medicaid
reimbursement.
Added by Laws 2000, c. 340, § 6, eff. July 1, 2000.
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§63-5023. Adjustment of per diem rate – Medicaid savings.
Effective January 1, 2000, and every January thereafter, the
Oklahoma Health Care Authority will adjust the nursing facility per
diem rate in an amount equal to the total amount of the savings to
the Medicaid program as a result of the automatic cost-of-living
adjustment on Social Security benefits received by nursing home
recipients, as published in the Federal Register.
Added by Laws 1999, c. 348, § 3, eff. July 1, 1999.
§63-5024. Incorporated physician providers – Income deferral
programs.
A. 1. Effective July 1, 2001, the Oklahoma Health Care Authority
is authorized to offer to eligible contracted incorporated physician
providers, elective income deferral programs which can result in
federal income tax advantages and other advantages to such providers
and their employees. These deferral programs shall take into account
present and future provisions of the United States Internal Revenue
Code which now or in the future might have the beneficial effect of
magnifying the after-tax value payments made by the state to
incorporated physician providers.
2. The Oklahoma Health Care Authority may adopt a plan that
provides for the investment of deferral amounts in life insurance or
annuity contracts which offer a choice of underlying investment
options. Contract-issuing companies shall be limited to companies
that are licensed to do business in this state.
3. As a condition of participation in these income deferral
programs, all participating incorporated physician providers shall be
subject to provisions for forfeiture of benefits for failure to
maintain in force a Medicaid provider agreement and to furnish
services to Medicaid recipients for a specified duration.
B. The Oklahoma Health Care Authority may consult with the State
Treasurer and the Attorney General of the state for advice in
establishing the program.
C. The Oklahoma Health Care Authority Board shall have the
authority to promulgate rules regarding the operation of the program.
Added by Laws 2001, c. 147, § 2, emerg. eff. April 30, 2001. Amended
by Laws 2001, c. 317, § 6, emerg. eff. June 1, 2001; Laws 2002, c.
122, § 1.
§63-5025. Reimbursement methodology - Established.
The Oklahoma Health Care Authority may establish, with available
funds, a reimbursement methodology that will enhance the
reimbursement for services provided to Medicaid beneficiaries in
emergency hospitals in rural areas of the state.
Added by Laws 2001, c. 317, § 2, eff. Nov. 1, 2001.
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§63-5026. Medicaid prescription drug program – Definition of
phenylketonuria.
A. The Oklahoma Health Care Authority Board shall, in
administering the Medicaid prescription drug program, utilize the
following definition for "phenylketonuria" to mean: 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.
B. The Oklahoma Health Care Authority Board shall promulgate any
rules necessary to effectuate the provisions of this section.
Added by Laws 2005, c. 452, § 2, eff. Nov. 1, 2005. Amended by Laws
2019, c. 475, § 58, eff. Nov. 1, 2019.
§63-5027. Health care district.
A. As used in this section “health care district” means a
subordinate health care entity that better promotes efficient
administration of health care service delivery for counties with a
population of one hundred thousand (100,000) or less to eligible
persons in this state.
B. A locally designated health care district shall:
1. Coordinate the delivery of health care services in local
jurisdictions such as municipalities and counties; provided, however,
jurisdictions containing multiple areas shall be contiguous and shall
possess commonality as it relates to need;
2. Be authorized to adjust Medicaid provider rates above the
state minimum established by the Oklahoma Health Care Authority;
3. Be authorized to contract with employer-sponsored health
plans or private health plans to provide services to Medicaid and
indigent beneficiaries; and
4. Be authorized to expand health care services or health care
providers within health care districts.
C. Health care districts may be established by local communities
wherein locally generated tax dollars are received for the benefit of
local hospitals or other local health care services. The districts
shall have the same boundaries as the area over which the locally
assessed tax is levied.
D. Health care districts may be established by the governing
boards of the hospitals located within the area over which the
locally assessed tax for the benefit of the local hospital or other
local health care service is levied. The governing board of the
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hospital shall be the governing board of the local health care
district.
E. 1. Each health care district may certify to the Oklahoma
Health Care Authority the amount of funds generated by tax assessment
within the health care district for the benefit of the local hospital
or other local health care services.
2. The Authority shall submit such information to the Centers
for Medicare and Medicaid Services (CMS) for the purpose of applying
for federal matching funds. The Authority shall submit any necessary
applications for waivers to accomplish the provisions of this act.
F. The Oklahoma Health Care Authority Board is hereby directed
to promulgate rules to enact the provisions of this section. The
rules shall, at a minimum, address:
1. Internal establishment of local health care district accounts
within the Authority including, but not limited to, procedures for
remitting funds out of such accounts back to the local health care
district; and
2. Methods for certifying funds for each local health care
district and for reporting such amounts to the Centers for Medicare
and Medicaid Services for federal matching purposes. The revenue for
each health care district account shall consist of federal matching
dollars received for such certified funds.
The Oklahoma Health Care Authority shall apply for federal
matching funds based on the amount of funds certified by the local
health care district for such purposes. The Authority shall not
reduce the amount of disbursements otherwise due to a health care
district based on the health care district’s receipt of the local
area dedicated monies and any attributable federal matching funds;
and
3. Procedures for continuing the Authority’s claims payment
function, pursuant to a draw-down process for funds, for each
Medicaid service within the local health care district.
Added by Laws 2007, c. 168, § 2, eff. Nov. 1, 2007.
§63-5028. Care coordination models for aged, blind and disabled
persons.
A. The Oklahoma Health Care Authority shall initiate requests
for proposals for care coordination models for aged, blind and
disabled persons. Care coordination models for members receiving
institutional care shall be phased in two (2) years after the initial
enrollment period of a care coordination program.
B. The Oklahoma Health Care Authority Board shall promulgate
rules to implement the provisions of this act.
Added by Laws 2015, c. 244, § 1, eff. Nov. 1, 2015.
§63-5028.1. Request for information for care coordination models for
newborns through children 18 years of age.
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A. The Oklahoma Health Care Authority, with assistance from the
Department of Human Services and the Department of Mental Health and
Substance Abuse Services, shall initiate a request for information
for care coordination models for newborns through children eighteen
(18) years of age in the custody of the Department of Human Services.
B. Any request for information shall require consideration of
and incorporate efforts to continue the implementation of relevant
initiatives as provided by the Master Settlement Agreement ("Pinnacle
Plan") and administered by the Department of Human Services.
C. The Oklahoma Health Care Authority, with assistance from the
Department of Human Services and the Department of Mental Health and
Substance Abuse Services, shall provide a summary of the request for
information responses to the President Pro Tempore of the Oklahoma
State Senate, the Speaker of the Oklahoma House of Representatives
and the Governor on or before January 1, 2018.
D. The Oklahoma Health Care Authority Board shall promulgate
rules to implement the provisions of this section.
Added by Laws 2017, c. 208, § 1, eff. Nov. 1, 2017.
§63-5029. Mailing information to victims of domestic violence.
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B. The Oklahoma Health Care Authority Board shall promulgate
rules to implement the provisions of this act.
Added by Laws 2015, c. 324, § 1, eff. Nov. 1, 2015.
NOTE: Editorially renumbered from § 5028 of this title to avoid
duplication in numbering.
§63-5030.1. Medicaid Drug Utilization Review Board.
A. There is hereby created within the Oklahoma Health Care
Authority the Medicaid Drug Utilization Review Board, which shall be
responsible for the development, implementation and assessment of
retrospective and prospective drug utilization programs under the
direction of the Authority.
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B. The Medicaid Drug Utilization Review Board shall consist of
ten (10) members appointed by the administrator of the Authority as
follows:
1. Four physicians, licensed and actively engaged in the
practice of medicine or osteopathic medicine in this state, of which:
a. three shall be physicians chosen from a list of not
less than six names submitted by the Oklahoma State
Medical Association, and
b. one shall be a physician chosen from a list of not less
than two names submitted by the Oklahoma Osteopathic
Association;
2. Four licensed pharmacists actively engaged in the practice of
pharmacy, chosen from a list of not less than six names submitted by
the Oklahoma Pharmaceutical Association;
3. One person representing the lay community, who shall not be a
physician or a pharmacist, but shall be a health care professional
with recognized knowledge and expertise in at least one of the
following:
a. clinically appropriate prescribing of covered
outpatient drugs,
b. clinically appropriate dispensing and monitoring of
covered outpatient drugs,
c. drug use review, evaluation and intervention, and
d. medical quality assurance; and
4. One person representing the pharmaceutical industry who is a
resident of the State of Oklahoma, chosen from a list of not less
than two names submitted by the Pharmaceutical Research and
Manufacturers of America. The member representing the pharmaceutical
industry shall be prohibited from voting on action items involving
drugs or classes of drugs.
C. Members shall serve terms of three (3) years, except that one
physician, one pharmacist and the lay representative shall each be
initially appointed for two-year terms in order to stagger the terms.
In making the appointments, the administrator shall provide, to the
extent possible, for geographic balance in the representation on the
Medicaid Drug Utilization Review Board. Members may be reappointed
for a period not to exceed three three-year terms and one partial
term. Vacancies on the Medicaid Drug Utilization Review Board shall
be filled for the balance of the unexpired term from new lists
submitted by the entity originally submitting the list for the
position vacated.
D. The Medicaid Drug Utilization Review Board shall elect from
among its members a chair and a vice-chair who shall serve one-year
terms, provided they may succeed themselves.
E. The proceedings of all meetings of the Medicaid Drug
Utilization Review Board shall comply with the provisions of the
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Oklahoma Open Meeting Act and shall be subject to the provisions of
the Administrative Procedures Act.
F. The Medicaid Drug Utilization Review Board may advise and
make recommendations to the Authority regarding existing, proposed
and emergency rules governing retrospective and prospective drug
utilization programs. The Oklahoma Health Care Authority Board shall
promulgate rules pursuant to the provisions of the Administrative
Procedures Act for implementation of the provisions of this section.
Added by Laws 1995, c. 161, § 2, emerg. eff. May 2, 1995. Amended by
Laws 1996, c. 221, § 4, eff. Nov. 1, 1996. Renumbered from § 504.1
of Title 56 by Laws 1996, c. 221, § 7, eff. Nov. 1, 1996. Amended by
Laws 1999, c. 201, § 1, eff. July 1, 1999; Laws 2006, c. 92, § 1,
eff. Nov. 1, 2006.
§63-5030.2. Definitions.
As used in Sections 1 through 5 of this act:
1. “Compendia” means the “American Hospital Formulary Services
Drug Information”, “U.S. Pharmacopoeia Drug Information”, peer-
reviewed medical literature, other information provided by
individuals involved in health care, and information as needed by the
Medicaid Drug Utilization Review Board;
2. “Criteria” means those explicit and predetermined elements
that are used to assess or measure drug use on an ongoing basis to
determine if the use is appropriate, medically necessary, and not
likely to result in adverse medical outcomes;
3. “Authority” means the Oklahoma Health Care Authority;
4. “Drug-disease contraindication” means the possibility that
the therapeutic effect of a drug would be adversely altered by the
presence of another disease or condition;
5. “Drug interactions” means the possibility that two or more
drugs taken by a patient may lead to clinically significant toxicity
that is uncharacteristic of any one of the drugs present or that the
taking of which leads to interference with the effectiveness of one
or any of the drugs;
6. “Drug to drug interaction” means a clinically significant
adverse medical effect that results from the use of two or more drugs
together;
7. “Drug Utilization Review” or “DUR” means both retrospective
and prospective drug utilization review designed to educate
physicians and pharmacists and thereby ensure that prescriptions are
appropriate, medically necessary and not likely to have adverse
medical results;
8. “Overutilization” or “underutilization” means the use of a
drug in such quantities that the desired therapeutic goal is not
achieved;
9. “Prospective drug utilization review” means the part of a
drug utilization review program that occurs before a drug is
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dispensed, and that is designed to screen, based on explicit and
predetermined criteria and standards, for potential drug therapy
problems, including, but not limited to:
a. therapeutic duplication,
b. drug-disease contraindications,
c. incorrect drug dosage or duration of drug treatment,
d. drug allergy interactions, and
e. clinical abuse or misuse; and
10. “Retrospective drug utilization review” means the part of
the drug utilization review program that assesses or measures drug
use based on an historical review of drug use data against
predetermined and explicit criteria and standards on an ongoing basis
with professional input. Retrospective drug utilization review
includes the periodic examination of Medicaid drug pharmacy claims
data and other information sources to identify the frequency of
patterns of fraud, abuse, gross overuse, or inappropriate or
medically unnecessary care:
a. among physicians, pharmacists, and patients, or
b. associated with specific drugs.
Added by Laws 1999, c. 201, § 2, eff. July 1, 1999.
§63-5030.3. Powers and duties of board.
A. The Medicaid Drug Utilization Review Board shall have the
power and duty to:
1. Advise and make recommendations regarding rules promulgated
by the Oklahoma Health Care Authority Board to implement the
provisions of this act;
2. Oversee the development, implementation and assessment of a
Medicaid retrospective and prospective drug utilization review
program, including making recommendations regarding contractual
agreements of the Oklahoma Health Care Authority with any entity
involved in processing and reviewing Medicaid drug profiles for the
drug utilization review program in accordance with the provisions of
this act;
3. Develop and apply the criteria and standards to be used in
retrospective and prospective drug utilization review. The criteria
and standards shall be based on the compendia and federal Food and
Drug Act approved labeling, and shall be developed with professional
input;
4. Provide a period for public comment on each meeting agenda.
As necessary, the Medicaid Drug Utilization Review Board may include
a public hearing as part of a meeting agenda to solicit public
comment regarding proposed changes in the prior authorization program
and the retrospective and prospective drug utilization review
processes. Notice of proposed changes to the prior authorization
status of a drug or drugs shall be included in the monthly meeting
agenda at least thirty (30) days prior to the consideration or
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recommendation of any proposed changes in prior authorization by the
Medicaid Drug Utilization Review Board;
5. Establish provisions to timely reassess and, as necessary,
revise the retrospective and prospective drug utilization review
process;
6. Make recommendations regarding the prior authorization of
prescription drugs pursuant to the provisions of Section 5 of this
act; and
7. Provide members of the provider community with educational
opportunities related to the clinical appropriateness of prescription
drugs.
B. Any party aggrieved by a decision of the Oklahoma Health Care
Authority Board or the Administrator of the Oklahoma Health Care
Authority, pursuant to a recommendation of the Medicaid Drug
Utilization Review Board, shall be entitled to an administrative
hearing before the Oklahoma Health Care Authority Board pursuant to
the provisions of the Administrative Procedures Act.
Added by Laws 1999, c. 201, § 3, eff. July 1, 1999.
§63-5030.4. Drug utilization review program.
1. The Medicaid Drug Utilization Review Board shall develop and
recommend to the Oklahoma Health Care Authority Board a retrospective
and prospective drug utilization review program for medical
outpatient drugs to ensure that prescriptions are appropriate,
medically necessary, and not likely to result in adverse medical
outcomes.
2. The retrospective and prospective drug utilization review
program shall be operated under guidelines established by the
Medicaid Drug Utilization Review Board as follows:
a. The retrospective drug utilization review program shall
be based on guidelines established by the Medicaid Drug
Utilization Review Board using the mechanized drug
claims processing and information retrieval system to
analyze claims data in order to:
(1) identify patterns of fraud, abuse, gross overuse
or underuse, and inappropriate or medically
unnecessary care,
(2) assess data on drug use against explicit
predetermined standards that are based on the
compendia and other sources for the purpose of
monitoring:
(a) therapeutic appropriateness,
(b) overutilization or underutilization,
(c) appropriate use of generic drugs,
(d) therapeutic duplication,
(e) drug-disease contraindications
(f) drug-drug interactions,
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(g) incorrect drug dosage,
(h) duration of drug treatment, and
(i) clinical abuse or misuse, and
(3) introduce remedial strategies in order to improve
the quality of care and to conserve program funds
or personal expenditures.
b. (1) The prospective drug utilization review program
shall be based on guidelines established by the
Medicaid Drug Utilization Review Board and shall
provide that, before a prescription is filled or
delivered, a review will be conducted by the
pharmacist at the point of sale to screen for
potential drug therapy problems resulting from:
(a) therapeutic duplication,
(b) drug-drug interactions,
(c) incorrect drug dosage or duration of drug
treatment,
(d) drug-allergy interactions, and
(e) clinical abuse or misuse.
(2) In conducting the prospective drug utilization
review, a pharmacist may not alter the prescribed
outpatient drug therapy without the consent of the
prescribing physician or purchaser.
Added by Laws 1999, c. 201, § 4, eff. July 1, 1999.
§63-5030.4A. Disease state management programs – Feasibility study.
A. The Oklahoma Health Care Authority shall study the
feasibility of implementing one or more disease state management
programs.
B. The components of the study shall include, but not be limited
to:
1. A description and assessment of the findings, costs of the
program, savings incurred and estimated costs and savings of an
expansion of the pilot program for asthma disease state management
developed by the Authority;
2. An overview of disease state management programs for
enrollees of health management organizations contracting with the
Authority pursuant to the Sooner Care Plus Program;
3. An assessment of the adaptability of such disease state
management programs for the Medicaid fee-for-service population;
4. An overview of representative vendors of the disease state
management programs, including their characteristics, capabilities
and charges for products and services;
5. An overview and assessment of the disease state management
pilot project developed by the Oklahoma State Education Employees
Government Insurance Board; and
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6. A record, if available, of the savings generated by disease
state management programs in other states by pharmaceutical
manufacturers for Medicaid fee-for-service recipients.
C. The study shall be under the joint direction of the Disease
State Management Director and the Pharmacy Director of the Oklahoma
Health Care Authority. The Directors shall consult with the
following entities as they deem necessary:
1. Medical, pharmacy, and nursing professionals who are
experienced in disease state management programs;
2. Appropriate pharmaceutical manufacturers in connection with
study components outlined in paragraphs 4 and 5 of subsection B of
this section;
3. Disease state management vendors; and
4. Other resources as necessary including, but not limited to,
health care advocates.
D. The Oklahoma Health Care Authority shall submit periodic
progress reports to the Joint Legislative Oversight Committee. The
Oklahoma Health Care Authority shall publish and submit a final
report by December 1, 2002, to the Speaker of the Oklahoma House of
Representatives, the President Pro Tempore of the Senate, the
Governor, and the chair of the Health and Social Services
Subcommittee of the Appropriation and Budget Committee of the
Oklahoma House of Representatives and of the Health and Social
Services Subcommittee of the Committee on Appropriations of the
Oklahoma State Senate.
E. As used in this section, "disease state management program"
means an integrated system of interventions, measurements and
refinements of health care delivery that include:
1. Patient education and involvement in self-care techniques;
2. Clinical policies/best practices that extend across the
entire continuum of care;
3. Outpatient drug management;
4. Clinical information systems with the capacity to identify,
classify, and track defined patient populations;
5. Informed support of physicians;
6. Team-oriented multidisciplinary approach; and
7. Feedback or continuous review.
Added by Laws 2002, c. 411, § 1, emerg. eff. June 5, 2002.
§63-5030.5. Drug prior authorization program - Conditions.
A. Except as provided in subsection F of this section, any drug
prior authorization program approved or implemented by the Medicaid
Drug Utilization Review Board shall meet the following conditions:
1. The Medicaid Drug Utilization Review Board shall make note of
and consider information provided by interested parties, including,
but not limited to, physicians, pharmacists, patients, and
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pharmaceutical manufacturers, related to the placement of a drug or
drugs on prior authorization;
2. Any drug or drug class placed on prior authorization shall be
reconsidered no later than twelve (12) months after such placement;
3. The program shall provide either telephone or fax approval or
denial within twenty-four (24) hours after receipt of the prior
authorization request; and
4. In an emergency situation, including a situation in which an
answer to a prior authorization request is unavailable, a seventy-
two-hour supply shall be dispensed, or, at the discretion of the
Medicaid Drug Utilization Review Board, a greater amount that will
assure a minimum effective duration of therapy for an acute
intervention.
B. In formulating its recommendations for placement of a drug or
drug class on prior authorization to the Oklahoma Health Care
Authority Board, the Medicaid Drug Utilization Review Board shall:
1. Consider the potential impact of any administrative delay on
patient care and the potential fiscal impact of such prior
authorization on pharmacy, physician, hospitalization and outpatient
costs. Any recommendation making a drug subject to placement on
prior authorization shall be accompanied by a statement of the cost
and clinical efficacy of such placement;
2. Provide a period for public comment on each meeting agenda.
Prior to making any recommendations, the Medicaid Drug Utilization
Review Board shall solicit public comment regarding proposed changes
in the prior authorization program in accordance with the provisions
of the Oklahoma Open Meeting Act and the Administrative Procedures
Act; and
3. Review Oklahoma-Medicaid-specific data related to utilization
criterion standards as provided in division (1) of subparagraph b of
paragraph 2 of Section 5030.4 of this title.
C. The Oklahoma Health Care Authority Board may accept or reject
the recommendations of the Medicaid Drug Utilization Review Board in
whole or in part, and may amend or add to such recommendations.
D. The Oklahoma Health Care Authority shall immediately provide
coverage under prior authorization for any new drug approved by the
United States Food and Drug Administration. If a new drug does not
fall in a class that is already placed under prior authorization,
that drug must be reviewed by the Drug Utilization Review Board
within one hundred (100) days of approval by the United States Food
and Drug Administration to determine whether to continue the prior
authorization criteria.
E. 1. Prior to a vote by the Medicaid Drug Utilization Review
Board to consider expansion of product-based prior authorization, the
Authority shall:
a. develop a written estimate of savings expected to
accrue from the proposed expansion, and
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b. make the estimate of savings available, on request of
interested persons, no later than the day following the
first scheduled discussion of the estimate by the
Medicaid Drug Utilization Review Board at a regularly
scheduled meeting.
2. The written savings estimate based upon savings estimate
assumptions specified by paragraph 3 of this subsection prepared by
the Authority shall include as a minimum:
a. a summary of all paid prescription claims for patients
with a product in the therapeutic category under
consideration during the most recent month with
complete data, plus a breakdown, as available, of these
patients according to whether the patients are
residents of a long-term care facility or are receiving
Advantage Waiver program services,
b. current number of prescriptions, amount reimbursed and
trend for each product within the category under
consideration,
c. average active ingredient cost reimbursed per day of
therapy for each product and strength within the
category under consideration,
d. for each product and strength within the category under
consideration, where applicable, the prevailing State
Maximum Allowable Cost reimbursed per dosage unit,
e. the anticipated impact of any patent expiration of any
product within the category under consideration
scheduled to occur within two (2) years from the
anticipated implementation date of the proposed prior
authorization expansion, and
f. a detailed estimate of administrative costs involved in
the prior authorization expansion including, but not
limited to, the anticipated increase in petition
volume.
3. Savings estimate assumptions shall include, at a minimum:
a. the prescription conversion rate of products requiring
prior authorization (Tier II) to products not requiring
prior authorization (Tier I) and to other alternative
products,
b. aggregated rebate amount for the proposed Tier I and
Tier II products within the category under
consideration,
c. market shift of Tier II products due to other causes
including, but not limited to, patent expiration,
d. Tier I to Tier II prescription conversion rate, and
e. nature of medical benefits and complications typically
seen with products in this class when therapy is
switched from one product to another.
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4. The Medicaid Drug Utilization Review Board shall consider
prior authorization expansion in accordance with the following
Medicaid Drug Utilization Review Board meeting sequence:
a. first meeting: publish the category or categories to
be considered for prior authorization expansion in the
future business section of the Medicaid Drug
Utilization Review Board agenda,
b. second meeting: presentation and discussion of the
written estimate of savings,
c. third meeting: make formal notice in the agenda of
intent to vote on the proposed prior authorization
expansion, and
d. fourth meeting: vote on prior authorization expansion.
F. The Medicaid Drug Utilization Review Board may establish
protocols and standards for the use of any prescription drug
determined to be medically necessary, proven to be effective and
approved by the United States Food and Drug Administration (FDA) for
the treatment and prevention of human immunodeficiency virus/acquired
immune deficiency syndrome (HIV/AIDS) without prior authorization,
except when there is a generic equivalent drug available.
Added by Laws 1999, c. 201, § 5, eff. July 1, 1999. Amended by Laws
2001, c. 340, § 1, emerg. eff. June 1, 2001; Laws 2002, c. 411, § 2,
emerg. eff. June 5, 2002; Laws 2005, c. 206, § 1, eff. Nov. 1, 2005;
Laws 2014, c. 341, § 1, eff. July 1, 2014; Laws 2015, c. 306, § 1.
§63-5051.1. Recovery from tortfeasors of amounts paid for medical
expenses of injured and diseased persons - Liens or other legal
action.
A. 1. The payment of medical expenses by the Oklahoma Health
Care Authority for or on behalf of or the receipt of medical
assistance by a person who has been injured or who has suffered a
disease as a result of the negligence or act of another person
creates a debt to the Authority, subject to recovery by legal action
pursuant to this section. Damages for medical costs are considered a
priority over all other damages and should be paid by the tortfeasor
prior to other damages being allocated or paid.
2. The payment of medical expenses by the Authority for or on
behalf of a person who has been injured or who has suffered a
disease, and either has a claim or may have a claim against an
insurer, to the extent recoverable, creates a debt to the Authority
whether or not such person asserts or maintains a claim against an
insurer.
B. The Authority shall provide notice to all recipients of
medical assistance at the time of application for such assistance of
their obligation to report any claim or action, and any judgment,
settlement or compromise arising from the claim or action, for injury
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or illness for which the Authority makes payments for medical
assistance.
C. The recipient of medical assistance from the Authority for an
injury or disease who asserts a claim or maintains an action against
another on account of the injury or disease, or the recipient's legal
representative, shall notify the Authority of the claim or action and
of any judgment, settlement or compromise arising from the claim or
action prior to the final judgment, settlement or compromise.
D. If the injured or diseased person asserts or maintains a
claim against another person or tortfeasor on account of the injury
or disease, the Authority:
1. Shall have a lien upon payment of the medical assistance to
the extent of the amount so paid upon that part going or belonging to
the injured or diseased person of any recovery or sum had or
collected or to be collected by the injured or diseased person up to
the amount of the damages for the total medical expenses, or by the
heirs, personal representative or next of kin in case of the death of
the person, whether by judgment or by settlement or compromise. The
lien authorized by this subsection shall:
a. be inferior only to a lien or claim of the attorney or
attorneys handling the claim on behalf of the injured
or diseased person, the heirs or personal
representative,
b. not be applied or considered valid against any
temporary or permanent disability award of the claimant
due under the Workers' Compensation Act,
c. be applied and considered valid as against any insurer
adjudged responsible for medical expenses under the
Workers' Compensation Act, and
d. be applied and considered valid as to the entire
settlement, after the claim of the attorney or
attorneys for fees and costs, unless a more limited
allocation of damages to medical expenses is shown by
clear and convincing evidence;
2. May take any other legal action necessary to recover the
amount so paid or to be paid to the injured or diseased person or to
the heirs, personal representative or next of kin in case of the
death of the person; and
3. Shall have the right to file a written notice of its lien in
any action commenced by the injured or diseased person.
E. The Authority, to secure and enforce the right of recovery or
reimbursement on behalf of the injured or diseased person, may
initiate and prosecute any action or proceeding against any other
person or tortfeasor who may be liable to the injured or diseased
person, if the injured or diseased person has not initiated any legal
proceedings against the other person or tortfeasor.
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F. Any person or insurer that has been notified by the Authority
of a claim of lien authorized by this section and who, directly or
indirectly, pays to the recipient any money as a settlement or
compromise of the recipient's claim arising out of the injury shall
be liable to the Authority for the money value of the medical
assistance rendered by the Authority in an amount not in excess of
the amount to which the recipient was entitled to recover from the
tortfeasor or insurer because of the injury.
G. A Medicaid special needs trust for the purposes of
establishing or maintaining Medicaid eligibility shall not be
approved until such time as the Authority has been made whole and
paid in full for all paid medical claims which are associated with
the action.
H. A Medicaid recipient must notify the Authority prior to a
compromise or settlement against a third party in which the Authority
has provided or has become obligated to provide medical assistance.
I. As used in this section:
1. "Medical expenses" includes the cost of hospital, medical,
surgical and dental services, care and treatment, rehabilitation, and
prostheses and medical appliances, and nursing and funeral services;
2. "Person" includes, in addition to an individual, the guardian
of an individual, and the administrator or executor of the estate of
an individual, and a corporation; and
3. "Insurer" means any insurance company that administers
accident and health policies or plans or that administers any other
type insurance policy containing medical provisions, and any
nonprofit hospital service and indemnity and medical service and
indemnity corporation, actually engaged in business in the state,
regardless of where the insurance contract is written, or plan is
administered or where such corporation is incorporated.
Added by Laws 1970, c. 313, § 1, emerg. eff. April 7, 1970. Amended
by Laws 1981, c. 159, § 1, emerg. eff. May 8, 1981; Laws 1986, c. 22,
§ 1, emerg. eff. March 18, 1986; Laws 1996, c. 221, § 1, eff. Nov. 1,
1996. Renumbered from § 200 of Title 56 by Laws 1996, c. 221, § 6,
eff. Nov. 1, 1996. Amended by Laws 2005, c. 91, § 1, eff. Nov. 1,
2005; Laws 2007, c. 74, § 1, eff. Nov. 1, 2007.
§63-5051.2. Right to reimbursement for medical services - Assignment
to Oklahoma Health Care Authority.
A. Whenever the Oklahoma Health Care Authority pays for medical
services or renders medical services, for or on behalf of a person
who has been injured or suffered an illness or disease, the right of
the provider of the services to reimbursement shall be automatically
assigned to the Oklahoma Health Care Authority, upon notice to the
insurer or other party obligated as a matter of law or agreement to
reimburse the provider on behalf of the patient.
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B. Upon the assignment, the Authority, for purposes of the claim
for reimbursement, becomes a provider of medical services.
C. The assignment of the right to reimbursement shall be applied
and considered valid against any employer or insurer under the
Workers' Compensation Act in this state.
D. Each insurer, upon receiving a claim from the Oklahoma Health
Care Authority, shall accept the state’s right of recovery, to
process and, if appropriate, pay the claim to the same extent that
the plan would have been liable if it had been billed at the point of
sale or by the original provider of services. Insurer shall not deny
the Authority claims on the basis of the date of submission, the
format of the claim, or for failure to present proper documentation
of coverage at the point of sale.
E. Insurer shall make appropriate payments to the Authority as
long as the claim is submitted for consideration within three (3)
years from the date the service was furnished. Any action by the
Authority to enforce the payment of the claim shall be commenced
within six (6) years of the submission of the claim by the Authority.
Added by Laws 1981, c. 159, § 2, emerg. eff. May 8, 1981. Amended by
Laws 1996, c. 221, § 2, eff. Nov. 1, 1996. Renumbered from § 200a of
Title 56 by Laws 1996, c. 221, § 6, eff. Nov. 1, 1996. Amended by
Laws 2007, c. 74, § 2, eff. Nov. 1, 2007.
§63-5051.3. Medical assistance - Homestead lien.
A. Pursuant to the provisions of this section, the Oklahoma
Health Care Authority is authorized to file and enforce a lien
against the homestead of a recipient for payments of medical
assistance made by the Authority to the recipient who is an inpatient
of a nursing facility or an intermediate care facility for
individuals with intellectual disabilities (ICF/IID) if the
Authority, upon competent medical testimony, determines the recipient
cannot reasonably be expected to be discharged and returned home. A
one-year period of compensated inpatient care at a nursing facility
or an ICF/IID shall constitute a determination by the Authority that
the recipient cannot reasonably be expected to be discharged and
returned home.
B. Upon certification for Title XIX of the federal Social
Security Act payments for a nursing facility or ICF/IID care, the
Authority shall provide written notice to the recipient that:
1. A one-year period of compensated inpatient care at a nursing
facility or ICF/IID shall constitute a determination by the Authority
that the recipient cannot reasonably be expected to be discharged and
returned home;
2. A lien will be filed against the homestead of the recipient
pursuant to the provisions of this section and that the amount of the
lien shall be for the amount of assistance paid by the Authority from
the date the recipient became eligible for compensated inpatient care
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at a nursing facility or ICF/IID until the time of the filing of the
lien and for any amount paid thereafter for such medical assistance
to the recipient; and
3. The recipient is entitled to a hearing with the Authority
prior to the filing of the lien pursuant to this section.
The notice shall also contain an explanation of the lien and the
effect the lien will have on the ownership of the homestead of the
recipient and any other person residing in the homestead. The notice
shall be signed by the recipient or the legal guardian of the
recipient acknowledging that the recipient or the legal guardian of
the recipient understands the notice and the effect that the payment
of medical assistance on the recipient's behalf will have upon the
homestead of the recipient.
C. The lien filed pursuant to subsection E of this section shall
be for the amount of assistance paid beginning from the date the
recipient began receiving inpatient care from a nursing facility or
ICF/IID and for any amount paid thereafter for the medical assistance
to the recipient.
D. The Authority shall not file a lien on the homestead of the
recipient pursuant to subsection E of this section while the
homestead is the lawful residence of:
1. The surviving spouse of the recipient;
2. A child related to the recipient by blood or marriage who is
twenty (20) years of age or less;
3. An adult child related to the recipient by blood or marriage
who is incapacitated as defined by the Authority; or
4. A brother or sister of the recipient who has an equity
interest in the home and who was residing in the home for at least
one (1) year immediately preceding the date the recipient was
admitted to the nursing facility or ICF/IID and has resided there on
a continuous basis since that time.
E. No lien for payment of medical assistance pursuant to this
section shall be effective unless:
1. The Authority has provided notice to the recipient of the
intent to file a lien against the homestead of the recipient and of
the opportunity for a hearing on the matter; and
2. After the notice specified in paragraph 1 of this subsection
has been given, a lien is filed for record against the legal
description of the homestead in the office of the county clerk of the
county in which the homestead of the recipient is located. The lien
shall contain the following information:
a. the name and address of the place of residence of the
recipient,
b. the amount of the assistance paid at the time of the
filing of the lien,
c. the date the recipient began receiving compensated
inpatient care at a nursing facility or ICF/IID,
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d. the legal description of the real property against
which the lien will be recorded, and
e. such other information as the Authority requires.
F. 1. After the lien has been filed pursuant to subsection E of
this section, the Authority may enforce a lien only:
a. after the death of the surviving spouse of the
recipient,
b. when there is no child related to the recipient by
blood or marriage who is twenty (20) years of age or
less residing in the homestead,
c. when there is no adult child related to the recipient
by blood or marriage who is incapacitated as defined by
the Authority residing in the homestead, and
d. when no brother or sister of the recipient is residing
in the homestead, who has resided there for at least
one (1) year immediately before the date of the
recipient's admission to the facility or institution,
and has resided there on a continuous basis since that
time.
2. A lien filed pursuant to subsection E of this section shall
remain on the homestead:
a. until the lien is satisfied,
b. until the value of the homestead is consumed by the
lien, at which time the Authority may force the sale of
the homestead to satisfy the lien, or
c. after transfer of title of the real property by
conveyance, sale, succession, inheritance, or will.
3. The lien filed pursuant to subsection E of this section may
be enforceable by the Authority before or after the death of the
recipient.
4. The lien created by this section shall be treated as a
mortgage and shall be assignable by the Authority to another entity
and shall be released in accordance with the provisions as set forth
in Section 15 of Title 46 of the Oklahoma Statutes.
5. The lien shall sever a joint tenancy; however, the lien shall
be enforceable only to the extent of the ownership of the person
receiving assistance as it existed at the time the recipient began
receiving assistance.
G. The recipient, the heirs, personal representative, or assigns
of the recipient may discharge said lien at any time by paying the
amount of the lien to the Authority.
H. At the end of the one-year limitation, the Authority shall
exclude from consideration as a resource the value of the homestead
of the recipient.
I. The payment of medical assistance on behalf of the recipient
by the Authority and the signing of the notice pursuant to subsection
B of this section shall constitute a waiver of the homestead rights
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of the recipient for the purposes of this section and Section 3 of
Article XII of the Oklahoma Constitution.
J. 1. Pursuant to the provisions of this subsection, if the
homestead is sold to enforce the lien authorized pursuant to the
provisions of this section, an amount up to Six Thousand Dollars
($6,000.00) from the proceeds of the sale of the homestead, less the
value of any prepaid burial or insurance policies or designated
accounts for funeral expenses already owned by the recipient, may be
set aside in an irrevocable trust on behalf of the recipient, in
which the Authority is to be included as the remainder, and the funds
are to be used for the funeral expenses of the recipient.
2. Payment of the funeral expenses from the proceeds of the sale
of the homestead shall be made as follows:
a. if the proceeds exceed the amount of the lien, the
payment of funeral expenses shall be first satisfied
from any amount in excess of the lien amount. After
the excess is exhausted, the remainder of funeral
expenses shall be satisfied from the lien amount prior
to payment of any reimbursement to the Authority, and
b. if the proceeds from the sale of the homestead do not
exceed the amount of the lien, the payment of funeral
expenses shall be satisfied from the lien amount prior
to payment of any reimbursement to the Authority.
K. As used in this section:
1. "Nursing facility" means any home, establishment, or
institution which offers or provides on a regular basis twenty-four-
hour medical services, skilled nursing care, necessary special
dietary service, and personal care and supervision to three or more
of its residents who are not related to the owner or administrator of
the facility; and
2. "ICF/IID" means intermediate care facilities for individuals
with intellectual disabilities, which provide comprehensive and
individualized health care and rehabilitation services to individuals
to promote their functional status and independence.
L. If any provision of this section shall be in conflict with
any applicable federal statutes and regulations, the federal statutes
and regulations shall prevail and be controlling until such time as
the federal statutes and regulations shall be revised to conform to
this section.
Added by Laws 1986, c. 175, § 1, emerg. eff. May 15, 1986. Amended
by Laws 1996, c. 221, § 3, eff. Nov. 1, 1996. Renumbered from § 200b
of Title 56 by Laws 1996, c. 221, § 6, eff. Nov. 1, 1996. Amended by
Laws 2015, c. 278, § 1, eff. Nov. 1, 2015; Laws 2017, c. 255, § 1,
eff. Nov. 1, 2017.
§63-5051.4. Coverage under Medicaid Program Reform Act of 2003 -
Enrollment fee and/or premium.
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The Oklahoma Health Care Authority is hereby authorized to charge
an enrollment fee and/or premium for the provision of health care
coverage under the Oklahoma Medicaid Program Reform Act of 2003.
Such charges, if unpaid, create a debt to the state and are subject
to recovery by the Authority by any legal action against an enrollee,
the heirs or next of kin of the enrollee in the event of the death of
the enrollee. The Authority may end coverage for the nonpayment of
such enrollment and/or premium pursuant to rules promulgated by the
Oklahoma Health Care Authority Board.
Added by Laws 2003, c. 464, § 11, eff. July 1, 2003.
§63-5051.5. Data files comparisons - File systems maintained by
insurers - Exchange of information with Authority.
A. 1. On or after November 1, 2003, any entity that provides
health insurance in this state including, but not limited to, a
licensed insurance company, not-for-profit hospital service, medical
indemnity corporation, managed care organization, self-insured plan,
pharmacy benefit manager or other party that is, by statute,
contract, or agreement, legally responsible for payment of a claim
for a health care item or service is hereby required to compare data
from its files with data in files provided to the entity by the
Oklahoma Health Care Authority and accept the Authority’s right of
recovery and the assignment of rights and not charge the Authority or
any of its authorized agents any fees for the processing of claims or
eligibility requests. Data files requested by or provided to the
Authority shall provide the Authority with eligibility and coverage
information that will enable the Authority to determine the existence
of third party coverage for Medicaid recipients and the necessary
information to determine during what period Medicaid recipients may
be or may have been covered by the health insurer and the nature of
the coverage that is or was provided, including the name, address,
and identifying number of the plan.
2. The insurer shall transmit to the Authority, in a manner
prescribed by the Centers for Medicare and Medicaid Services or as
agreed between insurer and the Authority, an electronic file of all
identified subscribers or policyholders, or their dependents, for
whom there is data corresponding to the information contained in
subsection C of this section.
B. 1. An insurer shall comply with a request under the
provisions of this subsection no later than sixty (60) days after the
date of transmission by the Authority and shall only be required to
provide the Authority with the information required by subsection C
of this section.
2. The Authority may make such request for data from an insurer
no more than once every six (6) months, as determined by the date of
the Authority’s original request.
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C. Each insurer shall maintain a file system containing the
name, address, group policy number, coverage type, social security
number, and date of birth of each subscriber or policyholder, and
each dependent of the subscriber or policyholder covered by the
insurer, including policy effective and termination dates, claim
submission address, and employer’s mailing address.
D. The Oklahoma Health Care Authority Board shall promulgate
rules governing the exchange of information under this section. Such
rules shall be consistent with all laws relating to the
confidentiality or privacy of personal information or medical records
including, but not limited to, provisions under the federal Health
Insurance Portability and Accountability Act (HIPAA).
Added by Laws 2003, c. 464, § 12, eff. July 1, 2003. Amended by Laws
2007, c. 74, § 3, eff. Nov. 1, 2007; Laws 2011, c. 204, § 1, eff.
Nov. 1, 2011.
§63-5052. Opportunity for hearing before Authority - Record - Review
by Administrator - Judicial review.
A. Any applicant or recipient, adversely affected by a decision
of the Oklahoma Health Care Authority on benefits or services
provided pursuant to the provisions of this title, shall be afforded
an opportunity for a hearing pursuant to the provisions of subsection
B of this section after such applicant or recipient has been notified
of the adverse decision of the Authority.
B. 1. Upon timely receipt of a request for a hearing as
specified in the notice of adverse decision and exhaustion of other
available administrative remedies, the Authority shall hold a hearing
pursuant to the provisions of rules promulgated by the Oklahoma
Health Care Authority Board pursuant to this section.
2. The record of the hearing shall include, but shall not be
limited to:
a. all pleadings, motions, and intermediate rulings,
b. evidence received or considered,
c. any decision, opinion, or report by the officer
presiding at the hearing, and
d. all staff memoranda or data submitted to the hearing
officer or members of the agency in connection with
their consideration of the case.
3. Oral proceedings shall be electronically recorded by the
Authority. Any party may request a copy of the tape recording of
such person's administrative hearing or may request a transcription
of the tape recording to comply with any federal or state law.
C. Any decision of the Authority after such a hearing pursuant
to subsection B of this section shall be subject to review by the
Administrator of the Oklahoma Health Care Authority upon a timely
request for review by the applicant or recipient. The Administrator
shall issue a decision after review. A hearing decision of the
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Authority shall be final and binding unless a review is requested
pursuant to the provisions of this subsection. The decision of the
Administrator may be appealed to the district court in which the
applicant or recipient resides within thirty (30) days of the date of
the decision of the Administrator as provided by the provisions of
subsection D of this section.
D. Any applicant or recipient under this title who is aggrieved
by a decision of the Administrator rendered pursuant to this section
may petition the district court in which the applicant or recipient
resides for a judicial review of the decision pursuant to the
provisions of Sections 318 through 323 of Title 75 of the Oklahoma
Statutes. A copy of the petition shall be served by mail upon the
general counsel of the Authority.
Added by Laws 1997, c. 137, § 1, emerg. eff. April 22, 1997.
§63-5053. Short title.
This act shall be known and may be cited as the "Oklahoma
Medicaid False Claims Act".
Added by Laws 2007, c. 137, § 1, eff. Nov. 1, 2007.
§63-5053.1. Definitions - Civil penalty for false or fraudulent
claims.
A. For purposes of this section:
1. "Claim":
a. means any request or demand for money or property,
whether under a contract or otherwise and whether or
not the state has title to the money or property, that:
(1) is presented to an officer, employee or agent of
the state, or
(2) is made to a contractor, grantee or other
recipient, if the money or property is to be spent
or used on the state's behalf or to advance a
state program or interest, and if this state:
(a) provides or has provided any portion of the
money or property requested or demanded, or
(b) will reimburse such contractor, grantee or
other recipient for any portion of the money
or property which is requested or demanded;
and
b. shall not include requests or demands for money or
property that the government has paid to an individual
as compensation for state employment or as an income
subsidy with no restrictions on the individual's use of
the money or property;
2. "Knowing" and "knowingly" mean that a person, with respect to
information:
a. has actual knowledge of the information,
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b. acts in deliberate ignorance of the truth or falsity of
the information, or
c. acts in reckless disregard of the truth or falsity of
the information.
No proof of specific intent to defraud is required;
3. "Material" means having a natural tendency to influence or be
capable of influencing the payment or receipt of money or property;
and
4. "Obligation" means an established duty, whether or not fixed,
arising from an express or implied contractual, grantor-grantee or
licensor-licensee relationship, from a fee-based or similar
relationship, from statute or regulation or from the retention of any
overpayment.
B. Any person who:
1. Knowingly presents, or causes to be presented, a false or
fraudulent claim for payment or approval;
2. Knowingly makes, uses, or causes to be made or used, a false
record or statement material to a false or fraudulent claim;
3. Conspires to commit a violation of the Oklahoma Medicaid
False Claims Act;
4. Has possession, custody, or control of property or money
used, or to be used, by the state and knowingly delivers, or causes
to be delivered, less than all of such money or property;
5. Is authorized to make or deliver a document certifying
receipt of property used or to be used by the state and, intending to
defraud the state, makes or delivers the receipt without completely
knowing that the information on the receipt is true;
6. Knowingly buys or receives as a pledge of an obligation or
debt, public property from an officer or employee of the state who
lawfully may not sell or pledge property; or
7. Knowingly makes, uses or causes to be made or used, a false
record or statement material to an obligation to pay or transmit
money or property to the state, or knowingly conceals or knowingly
and improperly avoids or decreases an obligation to pay or transmit
money or property to the state;
is liable to the State of Oklahoma for a civil penalty consistent
with the civil penalties provision of the Federal False Claims Act,
31 U.S.C. 3729(a), as adjusted by the Federal Civil Penalties
Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law
101-410), and as further amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Public
Law 114-74), plus three times the amount of damages which the state
sustains because of the act of that person.
C. If the court finds that:
1. The person committing the violation in subsection B of this
section furnished officials of this state responsible for
investigating false claims violations with all information known to
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such person about the violation within thirty (30) days after the
date on which the defendant first obtained the information;
2. The person fully cooperated with any state investigation of
the violation; and
3. At the time the person furnished the state with the
information about the violation, no criminal prosecution, civil
action, or administrative action had commenced under this title with
respect to the violation, and the person did not have actual
knowledge of the existence of an investigation into the violation,
the court may assess not less than two times the amount of damages
which the state sustains because of the act of the person.
D. A person violating subsection B of this section shall also be
liable to this state for the costs of a civil action brought to
recover any such penalty or damages.
E. Any information furnished pursuant to subsections A through D
of this section shall be exempt from disclosure under the Oklahoma
Open Records Act.
F. This section does not apply to claims, records or statements
under the Oklahoma Tax Code.
Added by Laws 2007, c. 137, § 2, eff. Nov. 1, 2007. Amended by Laws
2016, c. 44, § 1, eff. Nov. 1, 2016; Laws 2017, c. 86, § 1, eff. Nov.
1, 2017.
§63-5053.2. Civil actions by Attorney General or individual persons
authorized - Complaint procedure.
A. The Attorney General shall diligently investigate a violation
under the Oklahoma Medicaid False Claims Act. If the Attorney
General finds that a person has violated or is violating the Oklahoma
Medicaid False Claims Act, the Attorney General may bring a civil
action under this section against the person.
B. 1. A person may bring a civil action for a violation of the
Oklahoma Medicaid False Claims Act for the person and for this state.
The action shall be brought in the name of the state. The action may
be dismissed only if the court and the Attorney General give written
consent to the dismissal and state the reasons for consenting.
2. A copy of the complaint and written disclosure of
substantially all material evidence and information the person
possesses shall be served on the state pursuant to Section 2004 of
Title 12 of the Oklahoma Statutes. The complaint shall be filed in
camera, shall remain under seal for at least sixty (60) days, and
shall not be served on the defendant until the court so orders. The
state may elect to intervene and proceed with the action within sixty
(60) days after it receives both the complaint and the material
evidence and information.
3. The state may, for good cause shown, move the court for
extensions of the time during which the complaint remains under seal
under paragraph 2 of this subsection. Any such motions may be
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supported by affidavits or other submissions in camera. The
defendant shall not be required to respond to any complaint filed
under this section until twenty (20) days after the complaint is
unsealed and served upon the defendant pursuant to Section 2004 of
Title 12 of the Oklahoma Statutes.
4. Before the expiration of the sixty-day period or any
extensions obtained under paragraph 3 of this subsection, the state
shall:
a. proceed with the action, in which case the action shall
be conducted by the state, or
b. notify the court that it declines to take over the
action, in which case the person bringing the action
shall have the right to conduct the action.
5. When a person brings an action under this section, no person
other than the state may intervene or bring a related action based on
the facts underlying the pending action.
Added by Laws 2007, c. 137, § 3, eff. Nov. 1, 2007. Amended by Laws
2016, c. 44, § 2, eff. Nov. 1, 2016.
§63-5053.3. Actions brought by individuals - Participation by state
- Procedure.
A. If the state proceeds with the action pursuant to Section
5053.2 of this title, it shall have the primary responsibility for
prosecuting the action, and shall not be bound by an act of the
person bringing the action. Such person shall have the right to
continue as a party to the action, subject to the limitations set
forth in this subsection.
1. The state may dismiss the action notwithstanding the
objections of the person initiating the action if the person has been
notified by the state of the filing of the motion and the court has
provided the person with an opportunity for a hearing on the motion.
2. The state may settle the action with the defendant
notwithstanding the objections of the person initiating the action if
the court determines, after a hearing, that the proposed settlement
is fair, adequate, and reasonable under all the circumstances. Upon
a showing of good cause, the hearing may be held in camera.
3. Upon a showing by the state that unrestricted participation
during the course of the litigation by the person initiating the
action would interfere with or unduly delay the state's prosecution
of the case, or would be repetitious, irrelevant, or for purposes of
harassment, the court may, in its discretion, impose limitations on
the participation of the person, such as:
a. limiting the number of witnesses the person may call,
b. limiting the length of the testimony of the witnesses,
c. limiting the person's cross-examination of witnesses,
or
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d. otherwise limiting the participation by the person in
the litigation.
4. Upon a showing by the defendant that unrestricted
participation during the course of the litigation by the person
initiating the action would be for purposes of harassment or would
cause the defendant undue burden or unnecessary expense, the court
may limit the participation by the person in the litigation.
B. If the state elects not to proceed with the action, the
person who initiated the action shall have the right to conduct the
action. If the state so requests, it shall be served with copies of
all pleadings filed in the action and shall be supplied with copies
of all deposition transcripts at the expense of the state. When a
person proceeds with the action, the court, without limiting the
status and rights of the person initiating the action, may
nevertheless permit the state to intervene at a later date upon a
showing of good cause.
C. Whether or not the state proceeds with the action, upon a
showing by the state that certain actions of discovery by the person
initiating the action would interfere with the state's investigation
or prosecution of a criminal or civil matter arising out of the same
facts, the court may stay the discovery for a period of not more than
sixty (60) days. Such a showing shall be conducted in camera. The
court may extend the sixty-day period upon a further showing in
camera that the state has pursued the criminal or civil investigation
or proceedings with reasonable diligence and any proposed discovery
in the civil action will interfere with the ongoing criminal or civil
investigation or proceedings.
D. Notwithstanding subsection B of Section 5053.2 of this title,
the state may elect to pursue its claim through any alternate remedy
available to the state, including any administrative proceeding to
determine a civil money penalty. If any alternate remedy is pursued
in another proceeding, the person initiating the action shall have
the same rights in the proceeding as the person would have had if the
action had continued under this section. Any finding of fact or
conclusion of law made in the other proceeding that has become final
shall be conclusive on all parties to an action under this section.
For purposes of this subsection, a finding or conclusion is final if
it has been finally determined on appeal to the appropriate court of
the State of Oklahoma, if all time for filing the appeal with respect
to the finding or conclusion has expired, or if the finding or
conclusion is not subject to judicial review.
Added by Laws 2007, c. 137, § 4, eff. Nov. 1, 2007. Amended by Laws
2016, c. 44, § 3, eff. Nov. 1, 2016.
§63-5053.4. Actions brought by individuals - Share of proceeds of
actions or settlement - Award of expenses, fees, and costs.
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A. 1. If the state proceeds with an action brought by a person
under subsection B of Section 5053.2 of this title, the person shall,
subject to paragraph 2 of this subsection, receive at least fifteen
percent (15%) but not more than twenty-five percent (25%) of the
proceeds of the action or settlement of the claim, depending upon the
extent to which the person substantially contributed to the
prosecution of the action.
2. Where the action is one which the court finds to be based
primarily on disclosures of specific information, other than
information provided by the person bringing the action, relating to
allegations or transactions in a criminal, civil or administrative
hearing, in a legislative, administrative or State Auditor and
Inspector report, hearing, audit or investigation, or from the news
media, the court may award such sums as it considers appropriate, but
in no case more than ten percent (10%) of the proceeds, taking into
account the significance of the information and the role of the
person bringing the action in advancing the case to litigation.
3. Any payment to a person under paragraph 1 or 2 of this
subsection shall be made from the proceeds. Any such person shall
also receive an amount for reasonable expenses which the court finds
to have been necessarily incurred, plus reasonable attorney fees and
costs. All such expenses, fees, and costs shall be awarded against
the defendant.
B. If the state does not proceed with an action under Section
5053.2 of this title, the person bringing the action or settling the
claim shall receive an amount which the court decides is reasonable
for collecting the civil penalty and damages. The amount shall be
not less than twenty-five percent (25%) and not more than thirty
percent (30%) of the proceeds of the action or settlement and shall
be paid out of the proceeds. The person shall also receive an amount
for reasonable expenses which the court finds to have been
necessarily incurred, plus reasonable attorney fees and costs. All
such expenses, fees, and costs shall be awarded against the
defendant.
C. Whether or not the state proceeds with the action, if the
court finds that the action was brought by a person who planned and
initiated the violation of the Oklahoma Medicaid False Claims Act
upon which the action was brought, then the court may, to the extent
the court considers appropriate, reduce the share of the proceeds of
the action which the person would otherwise receive under subsection
A or B of this section, taking into account the role of that person
in advancing the case to litigation and any relevant circumstances
pertaining to the violation. If the person bringing the action is
convicted of criminal conduct arising from his or her role in the
violation of the Oklahoma Medicaid False Claims Act, that person
shall be dismissed from the civil action and shall not receive any
share of the proceeds of the action. The dismissal shall not
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prejudice the right of this state to continue the action, represented
by the Office of the Attorney General or its assigns.
D. If the state does not proceed with the action and the person
bringing the action conducts the action, the court may award to the
defendant its reasonable attorney fees and expenses if the defendant
prevails in the action and the court finds that the claim of the
person bringing the action was clearly frivolous, clearly vexatious,
or brought primarily for purposes of harassment.
Added by Laws 2007, c. 137, § 5, eff. Nov. 1, 2007. Amended by Laws
2009, c. 32, § 1, eff. Nov. 1, 2009; Laws 2016, c. 44, § 4, eff. Nov.
1, 2016.
§63-5053.5. Prohibition of certain individual actions - Dismissal -
Liability for expenses or fees - Relief following adverse acts -
Statute of limitations.
A. In no event may a person bring an action under subsection B
of Section 5053.2 of this title which is based upon allegations or
transactions which are the subject of a civil suit or an
administrative civil money penalty proceeding in which the state is
already a party.
B. The court shall dismiss an action or claim under this
section, unless opposed by the state, if substantially the same
allegations or transactions as alleged in the action or claim were
publicly disclosed in a criminal, civil or administrative hearing, in
which the state or its agent is a party, in a legislative, or State
Auditor and Inspector report, hearing, audit or investigation, or
from the news media, unless the action is brought by the Attorney
General or the person bringing the action is an original source of
the information. For purposes of this subsection, "original source"
means an individual who either:
1. Prior to a public disclosure under subsection B of this
section, has voluntarily disclosed to the state the information on
which allegations or transactions in a claim are based; or
2. Has knowledge that is independent of and materially adds to
the publicly disclosed allegations or transactions, and who has
voluntarily provided the information to the state before filing an
action under the Oklahoma Medicaid False Claims Act.
C. The state is not liable for expenses which a person incurs in
bringing an action under this section.
D. In civil actions brought under this section by this state,
the provisions of Title 28 of the Oklahoma Statutes shall apply.
E. Any employee, contractor or agent shall be entitled to:
1. All relief necessary to make the employee, contractor or
agent whole, if the employee, contractor or agent is discharged,
demoted, suspended, threatened, harassed, or in any other manner
discriminated against in the terms and conditions of employment
because of lawful acts done by the employee, contractor, agent or
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associated others in furtherance of an action under this act, or
other efforts to stop one or more violations of the Oklahoma Medicaid
False Claims Act.
2. Relief which shall include reinstatement with the same
seniority status the employee, contractor or agent would have had but
for the discrimination, two times the amount of back pay, interest on
the back pay, and compensation for any special damages sustained as a
result of the discrimination, including litigation costs and
reasonable attorney fees. An action under this section may be
brought in the appropriate district court of the State of Oklahoma
for the relief provided in this subsection.
F. An action under this section shall not be brought more than
three (3) years after the date when the retaliation occurred.
Added by Laws 2007, c. 137, § 6, eff. Nov. 1, 2007. Amended by Laws
2009, c. 32, § 2, eff. Nov. 1, 2009; Laws 2016, c. 44, § 5, eff. Nov.
1, 2016; Laws 2017, c. 86, § 2, eff. Nov. 1, 2017.
§63-5053.6. Service of subpoena - Limitation of actions - Burden of
proof - Res judicata.
A. A subpoena requiring the attendance of a witness at a trial
or hearing conducted under the Oklahoma Medicaid False Claims Act may
be served at any place in Oklahoma.
B. A civil action under Section 5053.2 of this title may not be
brought:
1. More than six (6) years after the date on which the violation
of the Oklahoma Medicaid False Claims Act is committed; or
2. More than three (3) years after the date when facts material
to the right of action are known or reasonably should have been known
by the official of the State of Oklahoma charged with responsibility
to act in the circumstances, but in no event more than ten (10) years
after the date on which the violation is committed, whichever occurs
last.
C. If the state elects to intervene and proceed with an action
brought under Section 5053.2 of this title, the state may file its
own complaint or amend the complaint of a person who has brought an
action under Section 5053.2 of this title to clarify or add detail to
the claims in which the state is intervening and to add any
additional claims with respect to which the state contends it is
entitled to relief. For statute of limitations purposes, any such
state pleading shall relate back to the filing date of the complaint
of the person who originally brought the action to the extent that
the claim of the state arises out of the conduct, transactions or
occurrences set forth, or attempted to be set forth, in the prior
complaint of the person.
D. In any action brought under Section 5053.2 of this title,
this state shall be required to prove all essential elements of the
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cause of action, including damages, by a preponderance of the
evidence.
E. Notwithstanding any other provision of law, a final judgment
rendered in favor of this state in any criminal proceeding charging
fraud or false statements, whether upon a verdict after trial or upon
a plea of guilty or nolo contendere, shall estop the defendant from
denying the essential elements of the offense in any action which
involves the same transaction as in the criminal proceeding and which
is brought under the Oklahoma Medicaid False Claims Act.
Added by Laws 2007, c. 137, § 7, eff. Nov. 1, 2007. Amended by Laws
2016, c. 44, § 6, eff. Nov. 1, 2016.
§63-5053.7. Jurisdiction.
A. Any action under Section 5053.2 of this title may be brought
in any judicial district in which the defendant or, in the case of
multiple defendants, any one defendant can be found, resides,
transacts business, or in which any act proscribed by the Oklahoma
Medicaid False Claims Act occurred. A summons as required by Section
2004 of Title 12 of the Oklahoma Statutes shall be issued by the
appropriate district court and served at any place within or outside
the State of Oklahoma.
B. The district courts shall have jurisdiction over any action
brought under the laws of the state for the recovery of funds paid by
a state or local government if the action arises from the same
transaction or occurrence as an action brought under the Oklahoma
Medicaid False Claims Act.
Added by Laws 2007, c. 137, § 8, eff. Nov. 1, 2007. Amended by Laws
2016, c. 44, § 7, eff. Nov. 1, 2016.
§63-5054. State Medicaid program - Administrative sanctions.
A. The Oklahoma Health Care Authority may administer
administrative sanctions to Medicaid recipients who abuse the state
Medicaid program.
B. Administrative sanctions shall not be administered by the
Oklahoma Health Care Authority until notice and hearing have been
provided to the Medicaid recipient.
C. For purposes of this section, “abuse” means practices that
result in reimbursement for services that are not medically
necessary, including reimbursement for a gross overutilization of
services.
Added by Laws 2011, c. 255, § 2, eff. Nov. 1, 2011.
§63-5060. State Medicaid program not to contract with out-of-state
providers.
A. Where practicable and in accordance with state and federal
law, the state Medicaid program shall not contract with an out-of-
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state medical provider for treatment that is available from one or
more providers licensed and practicing in the State of Oklahoma.
B. The Oklahoma Health Care Authority shall seek any federal
approval necessary to implement the provisions of this section.
Added by Laws 2019, c. 475, § 59, eff. Nov. 1, 2019.
§63-6101. Short title.
This act may be cited as the “Catastrophic Health Emergency
Powers Act”.
Added by Laws 2003, c. 473, § 1.
§63-6102. Legislative findings.
The Oklahoma Legislature finds that:
1. The government must do more to protect the health, safety,
and general well-being of its citizens during a catastrophic health
emergency;
2. New and emerging dangers, including emergent and resurgent
infectious diseases and incidents of civilian mass casualties, pose
serious and immediate threats during a catastrophic health emergency;
3. A renewed focus on the prevention, detection, management, and
containment of catastrophic health emergencies is needed;
4. Catastrophic health emergency threats, including those caused
by nuclear, biological or chemical events, may require the exercise
of extraordinary government powers and functions;
5. This state must have the ability to respond, rapidly and
effectively, to potential or actual catastrophic health emergencies;
6. The exercise of catastrophic health emergency powers must
promote the common good;
7. Catastrophic emergency health powers must be grounded in a
thorough scientific understanding of public health threats and
disease transmission;
8. Guided by principles of justice and antidiscrimination, it is
the duty of this state to act with fairness and tolerance towards
individuals and groups during catastrophic health emergencies;
9. The rights of people to liberty, bodily integrity, and
privacy must be respected to the fullest extent possible consistent
with maintaining and preserving the health and security of the public
during a catastrophic health emergency;
10. This act is necessary to protect the health and safety of
the citizens of this state during a catastrophic health emergency;
and
11. The provisions of Sections 9 through 25 of this act shall
only be activated upon the occurrence of a catastrophic health
emergency.
Added by Laws 2003, c. 473, § 2.
§63-6103. Purposes.
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The purposes of the Catastrophic Health Emergency Powers Act are:
1. To require the development of a comprehensive plan to provide
for a coordinated, appropriate response in the event of a
catastrophic health emergency;
2. To authorize the reporting and collection of data and
records, the management of property, the protection of persons, and
access to communications during a catastrophic health emergency;
3. To facilitate the early detection of a catastrophic health
emergency, and allow for immediate investigation of such a
catastrophic health emergency by granting access to health
information of individuals under specified circumstances;
4. To grant state and local officials the authority during a
catastrophic health emergency to provide care, treatment, and
vaccination to persons who are ill or who have been exposed to
transmissible diseases, and to separate affected individuals from the
population at large to interrupt disease transmission;
5. To ensure during a catastrophic health emergency that the
needs of infected or exposed persons are properly addressed to the
fullest extent possible, given the primary goal of controlling
serious health threats; and
6. To provide, during a catastrophic health emergency, state and
local officials with the ability to prevent, detect, manage, and
contain health threats without unduly interfering with civil rights
and liberties.
Added by Laws 2003, c. 473, § 3.
§63-6104. Definitions.
As used in the Catastrophic Health Emergency Powers Act:
1. “Bioterrorism” means the intentional use of any
microorganism, virus, infectious substance, or biological product
that may be engineered as a result of biotechnology, or any naturally
occurring or bioengineered component of any such microorganism,
virus, infectious substance, or biological product, to cause death,
disease, or other biological malfunction in a human, an animal, a
plant, or another living organism in order to influence the conduct
of government or to intimidate or coerce a civilian population;
2. “Catastrophic health emergency” means an occurrence of
imminent threat of an illness or health condition that:
a. is believed to be caused by any of the following:
(1) a nuclear attack,
(2) bioterrorism,
(3) a chemical attack, or
(4) the appearance of a novel or previously controlled
or eradicated infectious agent or biological
toxin, and
b. poses a high probability of any of the following harms:
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(1) a large number of deaths in the affected
population,
(2) a large number of serious or long-term
disabilities in the affected population, or
(3) widespread exposure to an infectious or toxic
agent that poses a significant risk of substantial
future harm to a large number of people in the
affected population;
3. “Chain of custody” means the methodology of tracking
specimens for the purpose of maintaining control and accountability
from initial collection to final disposition of the specimens and
providing for accountability at each stage of collecting, handling,
testing, storing, and transporting the specimens and reporting test
results;
4. “Contaminated waste” means:
a. “biological waste”, which includes blood and blood
products, excretions, exudates, secretions, suctioning
and other body fluids, and waste materials saturated
with blood or body fluids,
b. “cultures and stocks”, which includes etiologic agents
and associated biologicals, including specimen cultures
and dishes and devices used to transfer, inoculate, and
mix cultures, wastes from production of biologicals and
serums, and discarded live and attenuated vaccines,
c. “pathological waste”, which includes biopsy materials
and all human tissues, anatomical parts that emanate
from surgery, obstetrical procedures, necropsy or
autopsy and laboratory procedures, and animal carcasses
exposed to pathogens in research and the bedding and
other waste from such animals, but does not include
teeth or formaldehyde or other preservative agents, and
d. “sharps”, which includes needles, intravenous (IV)
tubing with needles attached, scalpel blades, lancets,
breakable glass tubes, and syringes that have been
removed from their original sterile containers;
5. “Health care facility” means any nonfederal institution,
building, or agency or portion thereof, whether public or private or
for profit or nonprofit, that is used, operated, or designed to
provide health services, medical treatment, or nursing,
rehabilitative, or preventive care to any person or persons. This
includes, but is not limited to: ambulatory surgical facilities,
hospitals, infirmaries, intermediate care facilities, kidney dialysis
centers, long-term care facilities, mental health centers, outpatient
facilities, public health centers, rehabilitation facilities,
residential treatments facilities, skilled nursing facilities,
special care facilities, medical laboratories, and adult day-care
centers. This also includes, but is not limited to, the following
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related property when used for or in connection with the foregoing:
laboratories; research facilities; pharmacies; laundry facilities;
health personnel training and lodging facilities; patient, guest, and
health personnel food service facilities; and offices and office
buildings for persons engaged in health care professions or services;
6. “Health care provider” means any person or entity who
provides health care services including, but not limited to,
physicians, pharmacists, dentists, physician assistants, nurse
practitioners, registered and other nurses, paramedics, emergency
medical or laboratory technicians, and ambulance and emergency
medical workers;
7. “Infectious disease” means a disease caused by a living
organism or other pathogen, including a fungus, bacillus, parasite,
protozoan, or virus. An infectious disease may, or may not, be
transmissible from person to person, animal to person, or insect to
person;
8. “Isolation” means the physical separation and confinement of
an individual or groups of individuals who are infected or reasonably
believed to be infected with a transmissible or possibly
transmissible disease from nonisolated individuals, to prevent or
limit the transmission of the disease to nonisolated individuals;
9. “Mental health support personnel” means, but is not limited
to, psychiatrists, psychologists, social workers, and volunteer
crisis counseling groups;
10. “Protected health information” means any information,
whether oral, written, electronic, visual, or any other form, that
relates to the past, present, or future physical or mental health
status, condition, treatment, service, products purchased, or
provision of care of an individual, and that reveals the identity of
the individual whose health care is the subject of the information,
or where there is a reasonable basis to believe such information
could be utilized either alone or with other information that is, or
should reasonably be known to be, available to predictable recipients
of such information to reveal the identity of that individual;
11. “Public health authority” means the Oklahoma State
Commissioner of Health; or local health department that acts
principally to protect or preserve the health of the public; or any
person directly authorized to act on behalf of the Oklahoma State
Commissioner of Health or local health department;
12. “Public safety authority” means the Commissioner of Public
Safety; or any local government agency that acts principally to
protect or preserve the public safety; or any person directly
authorized to act on behalf of the Commissioner of Public Safety or
local agency;
13. “Quarantine” means the physical separation and confinement
of an individual or groups of individuals, who are or may have been
exposed to a transmissible or possibly transmissible disease and who
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do not show signs or symptoms of a transmissible disease, from
nonquarantined individuals, to prevent or limit the transmission of
the disease to nonquarantined individuals;
14. “Specimens” means, but is not limited to, blood, sputum,
urine, stool, other bodily fluids, wastes, tissues, and cultures
necessary to perform required tests;
15. “Tests” means, but is not limited to, any diagnostic or
investigative analyses necessary to prevent the spread of disease or
protect the health, safety, and welfare of the public;
16. “Transmissible disease” means an infectious disease that can
be transmitted from person to person; and
17. “Trial court” means the district court for the area in which
isolation or quarantine is to occur, a court designated by the Public
Health Emergency Plan under the Catastrophic Health Emergency Powers
Act, or to the district court for the area in which a catastrophic
health emergency has been declared.
Added by Laws 2003, c. 473, § 4. Amended by Laws 2007, c. 69, § 2,
eff. Nov. 1, 2007.
§63-6105. Oklahoma Catastrophic Health Emergency Planning Task
Force.
A. There is hereby created the Oklahoma Catastrophic Health
Emergency Planning Task Force. The purpose of the task force is to
prepare a plan for responding to a catastrophic health emergency.
B. The task force shall be comprised as follows:
1. The cabinet secretary with responsibilities for health and
human services who shall serve as chair of the task force;
2. The State Commissioner of Health or a designee;
3. The Director of the Department of Public Safety or a
designee;
4. The State Attorney General or a designee;
5. The Administrative Director of the Courts or a designee;
6. The Director of Civil Emergency Management or a designee;
7. Two members of the State Senate to be appointed by the
President Pro Tempore of the Senate;
8. Two members of the Oklahoma House of Representatives to be
appointed by the Speaker of the House of Representatives;
9. The Director of the Tulsa City-County Health Department or a
designee;
10. The Director of the Oklahoma City-County Health Department
or a designee;
11. The State Fire Marshal;
12. A representative of the Oklahoma State Board of Medical
Licensure and Supervision to be appointed by the State Board of
Medical Licensure and Supervision;
13. A representative of the State Board of Osteopathic Examiners
to be appointed by the State Board of Osteopathic Examiners;
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14. A representative of the Governor to be appointed by the
Governor;
15. A person appointed by the Governor representing a statewide
organization representing hospitals;
16. A representative of the Oklahoma Nurses Association to be
appointed by the Oklahoma Nurses Association; and
17. A representative of the Oklahoma Psychological Association
to be appointed by the Oklahoma Psychological Association.
C. Appointees shall serve at the pleasure of the appointing
authority.
D. No later than December 31, 2004, the task force shall deliver
a plan for responding to a catastrophic health emergency to the
Governor, the President Pro Tempore of the State Senate, and the
Speaker of the Oklahoma House of Representatives. The plan shall
include provisions or guidelines for the following:
1. Notification of and communication with the population during
a catastrophic health emergency;
2. Central coordination of resources, manpower, and services,
including coordination of responses by state, local, tribal, and
federal agencies during a catastrophic health emergency;
3. The location, procurement, storage, transportation,
maintenance, and distribution of essential materials including, but
not limited to, medical supplies, drugs, vaccines, food, shelter,
clothing, and beds during a catastrophic health emergency;
4. The role of law enforcement agencies in response to a
catastrophic health emergency;
5. The method of evacuating populations and housing and feeding
evacuated populations during a catastrophic health emergency;
6. The identification and training of health care providers to
diagnose and treat persons with infectious disease during a
catastrophic health emergency;
7. The treatment of persons who have been exposed to or who are
infected with diseases or health conditions that may be the cause of
a catastrophic health emergency;
8. The safe disposal of contaminated wastes and human remains
during a catastrophic health emergency;
9. The safe and effective control of persons treated during a
catastrophic health emergency;
10. Tracking the source and outcomes of infected persons during
a catastrophic health emergency;
11. Ensuring that during a catastrophic health emergency each
city and county within the state identifies the following:
a. sites where medical supplies, food, and other
essentials can be distributed to the population,
b. sites where public health and emergency workers can be
housed and fed, and
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c. routes and means of transportation of people and
materials;
12. The recognition of cultural norms, values, religious
principles, and traditions that may be relevant during a catastrophic
health emergency; and
13. Other measures necessary to carry out the purposes of this
act.
E. The task force shall distribute this plan to those who will
be responsible for its implementation, other interested persons and
the public and seek their review and comments.
F. The task force shall annually review its plan for responding
to a catastrophic health emergency.
G. Staff assistance for the task force shall be provided upon
request by the chair of the task force by the agency or agencies
determined to be appropriate by the chair.
H. Members of the task force shall receive no compensation for
serving on the task force, but shall receive travel reimbursement as
follows:
1. Legislative members of the task force shall be reimbursed for
their necessary travel expenses incurred in the performance of their
duties in accordance with Section 456 of Title 74 of the Oklahoma
Statutes; and
2. Nonlegislative members of the task force shall be reimbursed
pursuant to the Oklahoma Travel Reimbursement Act by their employing
or appointing agencies.
Added by Laws 2003, c. 473, § 5.
§63-6301. Reports required from health care providers, coroners,
medical examiners, or pharmacists.
A. A health care provider, coroner, or medical examiner shall
report all cases of persons who harbor any illness or health
condition that may be potential cause of a catastrophic health
emergency. Reportable illnesses and health conditions include, but
are not limited to, the diseases caused by the biological agents
listed in 42 C.F.R., Section 72, app. A (2000) and any illnesses or
health conditions identified by the public health authority.
B. In addition to the foregoing requirements for health care
providers, a pharmacist shall report any unusual or increased
prescription rates, unusual types of prescriptions, or unusual trends
in pharmacy visits that may be potential causes of a catastrophic
health emergency. Prescription-related events that require a report
include, but are not limited to:
1. An unusual increase in the number of prescriptions or over-
the-counter pharmaceuticals to treat conditions that the public
health authority identifies through regulations;
2. An unusual increase in the number of prescriptions for
antibiotics; and
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3. Any prescription that treats a disease that is relatively
uncommon or may be associated with bioterrorism.
C. The report shall be made electronically or in writing within
twenty-four (24) hours to the public health authority. The report
shall include as much of the following information as is available:
the specific illness or health condition that is the subject of the
report; the name of the patient, date of birth, sex, race,
occupation, and current home and work addresses, including city and
county; the name and address of the health care provider, coroner, or
medical examiner and of the reporting individual, if different; and
any other information needed to locate the patient for follow-up.
For cases related to animal or insect bites, the suspected locating
information of the biting animal or insect, and the name and address
of any known owner, shall be reported.
D. Any animal case of a zoonotic disease that is suspected to be
a bioterrorism event or associated with an outbreak shall be reported
to the State Veterinarian. Appropriate clinical specimens will be
required to be rapidly submitted for laboratory confirmation. The
State Veterinarian or State Veterinary Diagnostic Laboratory Director
or a designee will immediately report by telephone confirmed
veterinary cases of public health importance to the State Department
of Health.
E. For the purposes of this section, “health care provider”
shall include out-of-state medical laboratories, provided that the
out-of-state laboratories have agreed to the reporting requirements
of this state. Results must be reported by the laboratory that
performs the test, but an in-state laboratory that sends specimens to
an out-of-state laboratory is also responsible for reporting results.
F. The public health authority may enforce the provisions of
this section in accordance with existing enforcement rules.
Added by Laws 2003, c. 473, § 6.
§63-6302. Investigations – Identification of exposed individuals –
Closing, evacuation, or decontamination of facilities –
Decontamination or destruction of materials – Enforcement powers.
A. The public health authority shall ascertain the existence of
cases of an illness or health condition that may be potential causes
of a catastrophic health emergency; investigate all such cases for
sources of infection or contamination and to ensure that they are
subject to proper control measures; and define the distribution of
the illness or health condition. To fulfill these duties, the public
health authority shall identify exposed individuals as follows:
1. Acting on information developed in accordance with Section 6
of this act, or other reliable information, the public health
authority shall identify all individuals thought to have been exposed
to an illness or health condition that may be a potential cause of a
catastrophic health emergency; and
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2. The public health authority shall counsel and interview such
individuals where needed to assist in the positive identification of
exposed individuals and develop information relating to the source
and spread of the illness or health condition. Such information
includes the name and address, including city and county, of any
person from whom the illness or health condition may have been
contracted and to whom the illness or health condition may have
spread.
B. The public health authority, for examination purposes, shall
close, evacuate, or decontaminate any facility or decontaminate or
destroy any material when the authority reasonably suspects that such
facility or material may endanger the public health.
C. The public health authority may enforce the provisions of
this section in accordance with existing enforcement rules. An order
of the public health authority given to effectuate the purposes of
this section shall be enforceable immediately by the public safety
authority.
Added by Laws 2003, c. 473, § 7.
§63-6303. Reportable illnesses, health conditions, unusual clusters,
or suspicious events – Duty to notify public health authorities –
Sharing of information.
A. Whenever the public safety authority or other state or local
government agency learns of a case of a reportable illness or health
condition, an unusual cluster, or a suspicious event that may be the
cause of a catastrophic health emergency, it shall immediately notify
the public health authority.
B. Whenever the public health authority learns of a case of a
reportable illness or health condition, an unusual cluster, or a
suspicious event that it reasonably believes has the potential to be
caused by terrorism, it shall immediately notify the public safety
authority, tribal authorities, and federal health and public safety
authorities.
C. Sharing of information on reportable illnesses, health
conditions, unusual clusters, or suspicious events between public
health and safety authorities shall be restricted to the information
necessary for the treatment, control, investigation, and prevention
of a catastrophic health emergency.
Added by Laws 2003, c. 473, § 8.
§63-6401. Governor’s declaration.
A state of catastrophic health emergency may be declared by the
Governor upon the occurrence of a "catastrophic health emergency" as
defined in paragraph 2 of Section 4 of this act. Prior to such a
declaration, the Governor shall consult with the public health
authority and may consult with any additional public health or other
experts as needed.
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Added by Laws 2003, c. 473, § 9.
§63-6402. Executive order.
A state of catastrophic health emergency shall be declared by an
executive order that specifies:
1. The nature of the catastrophic health emergency;
2. The political subdivisions or geographic areas subject to the
declaration;
3. The conditions that have brought about the catastrophic
health emergency;
4. The duration of the state of the catastrophic health
emergency, if less than thirty (30) days; and
5. The primary public health authority responding to the
catastrophic health emergency.
Added by Laws 2003, c. 473, § 10.
§63-6403. Activation of disaster response and recovery aspects of
emergency plans – Powers of Governor.
A. The declaration of a state of catastrophic health emergency
shall activate the disaster response and recovery aspects of the
state, local, and inter-jurisdictional disaster emergency plans in
the affected political subdivisions or geographic areas. Such
declaration authorizes the deployment and use of any forces to which
the plans apply and the use or distribution of any supplies,
equipment, and materials and facilities assembled, stockpiled, or
available pursuant to this act.
B. During a state of catastrophic health emergency, the Governor
may:
1. Suspend the provisions of any regulatory statute prescribing
procedures for conducting state business, or the orders and rules of
any state agency, to the extent that strict compliance with the same
would prevent, hinder, or delay necessary action (including emergency
purchases) by the public health authority to respond to the
catastrophic health emergency, or increase the health threat to the
population;
2. Utilize all available resources of the state government and
its political subdivisions, as reasonably necessary to respond to the
catastrophic health emergency;
3. Transfer the direction, personnel, or functions of state
departments and agencies in order to perform or facilitate response
and recovery programs regarding the catastrophic health emergency;
4. Mobilize all or any part of the National Guard into service
of the state. An order directing the National Guard to report for
active duty shall state the purpose for which it is mobilized and the
objectives to be accomplished;
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5. Provide aid to and seek aid from other states during the
catastrophic health emergency in accordance with any interstate
emergency compact made with this state; and
6. Seek aid from the federal government for the catastrophic
health emergency in accordance with federal programs or requirements.
C. The public health authority shall coordinate all matters
pertaining to the catastrophic health emergency response of the
state. The public health authority shall have primary jurisdiction,
responsibility, and authority for:
1. Planning and executing catastrophic health emergency
assessment, mitigation, preparedness response, and recovery for the
state;
2. Coordinating catastrophic health emergency response between
state and local authorities during a catastrophic health emergency;
3. Collaborating with relevant federal government authorities,
elected officials of other states, private organizations or companies
during a catastrophic health emergency;
4. Coordinating recovery operations and mitigation initiatives
subsequent to catastrophic health emergencies; and
5. Organizing public information activities regarding
catastrophic health emergency response operations.
D. After the declaration of a state of catastrophic health
emergency, special identification for all public health personnel
working during the catastrophic health emergency shall be issued as
soon as possible. The identification shall indicate the authority of
the bearer to exercise public health functions and emergency powers
during the state of catastrophic health emergency. Public health
personnel shall wear the identification in plain view.
Added by Laws 2003, c. 473, § 11.
§63-6404. Enforcement of public health authority orders – Assistance
from public safety authority.
During a state of catastrophic health emergency, the public
health authority may request assistance in enforcing orders pursuant
to this act from the public safety authority. The public safety
authority may request assistance from the National Guard in enforcing
the orders of the public health authority.
Added by Laws 2003, c. 473, § 12.
§63-6405. Termination of declaration of emergency by executive order
– Special Session of State Legislature.
A. The Governor shall terminate the declaration of a state of
catastrophic health emergency by executive order upon finding that
the occurrence of the condition that caused the catastrophic health
emergency no longer poses a high probability of a large number of
deaths in the affected population, a large number of incidents of
serious permanent or long-term disability in the affected population,
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or a significant risk of substantial future harm to a large number of
people in the affected population.
B. Notwithstanding any other provision of the Catastrophic
Health Emergency Powers Act, the declaration of a state of
catastrophic health emergency shall be terminated automatically after
thirty (30) days unless renewed by the Governor under the same
standards and procedures set forth in this act. Any such renewal
shall also be terminated automatically after thirty (30) days unless
renewed by the Governor under the same standards and procedures set
forth in the Catastrophic Health Emergency Powers Act.
C. If the Governor declares a catastrophic health emergency, the
State Legislature shall automatically be called into Special Session
at 8:00 a.m. on the morning of the second day following the date of
such declaration for the purpose of concurring with or terminating
the catastrophic health emergency. The State Legislature by
concurrent resolution may terminate a state of catastrophic health
emergency at any time. Thereupon, the Governor shall by appropriate
action end the state of catastrophic health emergency. Such
termination by the State Legislature shall override any renewal by
the Governor.
D. All orders or legislative actions terminating the declaration
of a state of catastrophic health emergency shall indicate the nature
of the emergency, the area or areas threatened, and the conditions
that make possible the termination of the declaration.
Added by Laws 2003, c. 473, § 13.
§63-6501. Safe disposal of contaminated waste – Powers of public
health authority.
A. The public health authority may exercise, for such period as
the state of catastrophic health emergency exists, the following
powers regarding the safe disposal of contaminated waste:
1. To adopt and enforce measures to provide for the safe
disposal of contaminated waste as may be reasonable and necessary to
respond to the catastrophic health emergency. Such measures may
include, but are not limited to, the collection, storage, handling,
destruction, treatment, transportation, and disposal of contaminated
waste; and
2. To require any business or facility authorized to collect,
store, handle, destroy, treat, transport, and dispose of contaminated
waste under the laws of this state, and any landfill business or
other such property, to accept contaminated waste, or provide
services or the use of the business, facility, or property if such
action is reasonable and necessary to respond to the catastrophic
health emergency as a condition of licensure, authorization, or the
ability to continue doing business in the state as such a business or
facility. The use of the business, facility, or property may include
transferring the management and supervision of such business,
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facility, or property to the public health authority for a period of
time, which shall not exceed the termination of the declaration of a
state of catastrophic health emergency.
B. All bags, boxes, or other containers for contaminated waste
shall be clearly identified as containing contaminated waste and, if
known, the type of contaminated waste.
Added by Laws 2003, c. 473, § 14.
§63-6502. Safe disposal of human remains – Powers of public health
authority – Identification and written record.
A. The public health authority may exercise, for such period as
the state of catastrophic health emergency exists, the following
powers regarding the safe disposal of human remains:
1. To adopt and enforce measures to provide for the safe
disposal of human remains as may be reasonable and necessary to
respond to the catastrophic health emergency. Such measures may
include, but are not limited to, the embalming, burial, cremation,
interment, disinterment, transportation, and disposal of human
remains;
2. To take possession or control of any human remains; and
3. To order the disposal of any human remains of a person who
has died of a transmissible disease through burial or cremation
within twenty-four (24) hours after death. To the extent possible,
religious, cultural, family, and individual beliefs of the deceased
person or the family of the deceased person shall be considered when
disposing of any human remains.
B. Any human remains prior to disposal shall be clearly labeled
with all available information to identify the decedent and the
circumstances of death. Any human remains of a deceased person with
a transmissible disease shall have an external, clearly visible tag
indicating that the human remains are infected and, if known, the
transmissible disease.
C. Every person in charge of disposing of any human remains
during a catastrophic health emergency shall maintain a written or
electronic record of the human remains and all available information
to identify the decedent and the circumstances of death and disposal.
If human remains cannot be identified prior to disposal, a qualified
person shall, to the extent possible, take fingerprints and
photographs of the human remains, obtain identifying dental
information, and collect a DNA specimen. All information gathered
under this subsection shall be promptly forwarded to the public
health authority.
Added by Laws 2003, c. 473, § 15.
§63-6503. Pharmaceutical agents and medical supplies – Purchase and
distribution by public health authority - Regulation of use, sale,
dispensing, distribution or transportation – Hoarding.
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A. The public health authority may purchase and distribute
antitoxins, serums, vaccines, immunizing agents, antibiotics, and
other pharmaceutical agents or medical supplies that it deems
advisable in the interest of preparing for or controlling a
catastrophic health emergency, without any additional legislative
authorization.
B. If a catastrophic health emergency results in a statewide or
regional shortage or threatened shortage of any product under
subsection A of this section, whether or not such product has been
purchased by the public health authority, the public health authority
may control, restrict, and regulate by rationing and using quotas,
prohibitions on shipments, allocation, or other means, the use, sale,
dispensing, distribution, or transportation of the relevant product
necessary to protect the public health, safety, and welfare of the
people of the state during the catastrophic health emergency.
C. In making rationing or other supply and distribution
decisions, the public health authority may give preference to health
care providers, disaster response personnel, and mortuary staff.
D. During a state of catastrophic health emergency, the public
health authority may procure, store, or distribute any antitoxins,
serums, vaccines, immunizing agents, antibiotics, and other
pharmaceutical agents or medical supplies located within the state as
may be reasonable and necessary to respond to the catastrophic health
emergency, with the right to take immediate possession thereof. If a
catastrophic health emergency simultaneously affects more than one
state, nothing in this section shall be construed to allow the public
health authority to obtain antitoxins, serums, vaccines, immunizing
agents, antibiotics, and other pharmaceutical agents or medical
supplies for the primary purpose of hoarding such items or preventing
fair and equitable distribution among affected states.
Added by Laws 2003, c. 473, § 16.
§63-6504. Civil proceedings relating to destruction of property.
To the extent practicable consistent with the protection of
public health, prior to the destruction of any property under the
Catastrophic Health Emergency Powers Act, the public health authority
shall institute appropriate civil proceedings against the property to
be destroyed in accordance with the existing laws and rules of the
courts of this state or any such rules that may be developed by the
courts for use during a state of catastrophic health emergency. Any
property acquired by the public health authority through such
proceedings shall, after entry of the decree, be disposed of by
destruction as the court may direct.
Added by Laws 2003, c. 473, § 17.
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§63-6601. Prevention of utilization of nuclear, biological or
chemical agents – Proper control and treatment of transmissible
diseases – Duty of public health authority.
During a state of catastrophic health emergency, the public
health authority shall use every available means to prevent the
utilization of nuclear, biological, or chemical agents, and to
otherwise ensure that all cases of transmissible disease are subject
to proper control and treatment.
Added by Laws 2003, c. 473, § 18.
§63-6602. Repealed by Laws 2009, c. 78, § 14, eff. Nov. 1, 2009, and
by Laws 2013, 1st Ex. Sess., c. 3, § 2, emerg. eff. Sept. 10, 2013.
§63-6701. Provision of information to general public.
A. The public health authority shall inform the people of the
state when a state of catastrophic health emergency has been declared
or terminated, how to protect themselves during a state of
catastrophic health emergency, and what actions are being taken to
control the catastrophic health emergency.
B. The public health authority shall provide information by all
available and reasonable means calculated to bring the information
promptly to the attention of the general public.
C. If the public health authority has reason to believe there
are large numbers of people of the state who lack sufficient skills
in English to understand the information, the public health authority
shall make reasonable efforts to provide the information in the
primary languages of those people as well as in English.
D. The provision of information shall be made in a manner
accessible to individuals with disabilities.
Added by Laws 2003, c. 473, §20.
§63-6702. Provision of information about and referrals to mental
health support personnel.
During and after the declaration of a state of catastrophic
health emergency, the public health authority shall provide
information about and referrals to mental health support personnel to
address psychological responses to the catastrophic health emergency.
Added by Laws 2003, c. 473, § 21.
§63-6801. Enforcement of provisions of act – Rules – Fines and
penalties – Orders and other remedies.
The public health authority and other affected agencies are
authorized to promulgate and implement rules as are reasonable and
necessary to implement and effectuate the provisions of the
Catastrophic Health Emergency Powers Act. The public health
authority and other affected agencies shall have the power to enforce
the provisions of the Catastrophic Health Emergency Powers Act
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through the imposition of fines and penalties, the issuance of
orders, and any other remedies as are provided by law, but nothing in
this section shall be construed to limit specific enforcement powers
enumerated in the Catastrophic Health Emergency Powers Act.
Added by Laws 2003, c. 473, § 22.
§63-6802. Transfer of monies from state funds – Conditions.
A. During a catastrophic health emergency, the Governor may
transfer from any fund available to the Governor in the State
Treasury sums of money as may be necessary during a state of
catastrophic health emergency.
B. Monies so transferred shall be repaid to the fund from which
they were transferred when monies become available for that purpose,
by legislative appropriation or otherwise.
C. A transfer of funds by the Governor under the provisions of
this section may be made only when one or more of the following
conditions exist:
1. No appropriation or other authorization is available to meet
the catastrophic health emergency;
2. An appropriation is insufficient to meet the catastrophic
health emergency; or
3. Federal monies available for such a catastrophic health
emergency require the use of state or other public monies.
D. All expenses incurred by the state during a state of
catastrophic health emergency shall be subject to the following
limitations:
1. No expense shall be incurred against the monies authorized
under this section, without the general approval of the Governor;
2. The aggregate amount of all expenses incurred pursuant to
this section shall not exceed Fifty Million Dollars ($50,000,000.00)
for any fiscal year; and
3. Monies authorized for a state of catastrophic health
emergency in prior fiscal years may be used in subsequent fiscal
years only for the catastrophic health emergency for which they were
authorized. Monies authorized for a catastrophic health emergency in
prior fiscal years, and expended in subsequent fiscal years for the
catastrophic health emergency for which they were authorized, apply
toward the fifty-million-dollar expense limit for the fiscal year in
which they were authorized.
Added by Laws 2003, c. 473, § 23.
§63-6803. Preemption.
The Catastrophic Health Emergency Powers Act does not explicitly
preempt other laws or rules that preserve to a greater degree the
powers of the Governor or public health authority, provided the laws
or rules are consistent, and do not otherwise restrict or interfere,
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with the operation or enforcement of the provisions of the
Catastrophic Health Emergency Powers Act.
Added by Laws 2003, c. 473, § 24.
§63-6804. Compliance with federal law and regulations – Conflict of
laws – Predesignation of hospitals.
A. The Catastrophic Health Emergency Powers Act does not
restrict any person from complying with federal law or regulations.
Any disclosure by a health care provider or other covered entity of
information or data which is protected health information under the
provisions of the Health Insurance Portability and Accountability Act
of 1996 (“HIPPA”), Public Law 104-191, and which disclosure is
occasioned or otherwise caused by the exercise of any emergency
powers pursuant to the Catastrophic Health Emergency Powers Act,
shall be deemed a disclosure for “Uses and Disclosures Required by
Law”, as defined by 45 C.F.R., Section 164.512(a), and for “Uses and
Disclosures for Public Health Activities”, as defined by 45 C.F.R.,
Section 164.512(b).
B. During a catastrophic health emergency, in the event of a
conflict between the Catastrophic Health Emergency Powers Act and
other state or local laws or rules concerning public health powers,
the provisions of the Catastrophic Health Emergency Powers Act apply.
C. Nothing in the Catastrophic Health Emergency Powers Act shall
imply the predesignation of hospitals.
Added by Laws 2003, c. 473, § 25.
§63-6900. Grant programs for administration of National Hospital
Preparedness Program.
A. The State Commissioner of Health shall develop grant programs
for private, nonprofit and public entities for the purpose of
administering the National Hospital Preparedness Program (HPP). For
purposes of this section, the “National Hospital Preparedness
Program” or “HPP” means the federal preparedness grant offered
through the U.S. Department of Health and Human Services designed to
improve surge capacity and enhance community and hospital
preparedness for public health emergencies.
B. The selection and awarding of grants, whether in the form of
professional service contracts or any other funding mechanism
developed by the Commissioner, to programs developed pursuant to this
section shall be exempt from the requirements of The Oklahoma Central
Purchasing Act.
C. The Commissioner shall develop a process for awarding grants
to programs developed pursuant to this section. Such process for
selection shall not be required for contracts awarded for program
support services, including, but not limited to, professional service
contracts to evaluate, audit or provide budgeting, accounting,
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auditing or legal services for specific programs or program grantees,
contractors or participants.
Added by Laws 2009, c. 141, § 1, eff. Nov. 1, 2009.
§63-7002. Sale, etc. of human or synthetic urine or of adulterants –
Violation – Penalty.
A. It is unlawful for a person to:
1. Sell, give away, distribute, or market human or synthetic
urine in this state or transport human or synthetic urine into this
state with the intent of using the urine to defraud or cause
deceitful results in a urine, drug, or alcohol screening test;
2. Attempt to foil or defeat a urine, drug, or alcohol screening
test by the substitution or spiking of a urine sample;
3. Advertise for sale any product designed to foil or defeat a
urine, drug, or alcohol screening test;
4. Adulterate a urine or other bodily fluid sample with the
intent to defraud or cause deceitful results in a urine, drug, or
alcohol screening test;
5. Possess adulterants which are intended to be used to
adulterate a urine or other bodily fluid sample for the purpose of
defrauding or causing deceitful results in a urine, drug, or alcohol
screening test; or
6. Sell or market an adulterant with the intent by the seller or
marketer that the product be used to adulterate a urine or other
bodily fluid sample for the purpose of defrauding or causing
deceitful results in a urine, drug, or alcohol screening test.
B. Intent to defraud or cause deceitful results in a urine,
drug, or alcohol screening test is presumed if:
1. A heating element or any other device used to thwart a drug
screening test accompanies the sale, giving, distribution, or
marketing of urine; or
2. Instructions that provide a method for thwarting a drug
screening test accompany the sale, giving, distribution, or marketing
of urine.
C. As used in this section, “adulterant” means a substance that
is not expected to be in human urine or a substance expected to be
present in human urine but that is at a concentration so high that it
is not consistent with human urine, including, but not limited to:
1. Bleach;
2. Chromium;
3. Creatinine;
4. Detergent;
5. Glutaraldehyde;
6. Glutaraldehyde/squalene;
7. Hydrochloric acid;
8. Hydroiodic acid;
9. Iodine;
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10. Nitrite;
11. Peroxidase;
12. Potassium dichromate;
13. Potassium nitrite;
14. Pyridinium chlorochromate; and
15. Sodium nitrite.
D. Any person convicted of violating any of the provisions of
subsection A of this section shall be guilty of a misdemeanor and
shall be sentenced to a term of imprisonment in the county jail for a
period of not more than one (1) year or a fine of not more than One
Thousand Dollars ($1,000.00), or both such imprisonment and fine.
Added by Laws 2004, c. 59, § 6, emerg. eff. April 6, 2004.
§63-7100.1. Short title.
Sections 1 through 7 of this act shall be known and may be cited
as the “Oklahoma Health Information Exchange Act”.
Added by Laws 2008, c. 305, § 1, emerg. eff. June 2, 2008.
§63-7100.2. Legislative findings - Purpose.
A. The Legislature finds that the exchange of health information
in Oklahoma has been impeded as a result of:
1. Confusion about the proper application of federal and state
privacy and privilege law; and
2. Concern regarding potential liability for violations of such
laws.
B. The purpose of this act is to:
1. Set forth a standard process for authorizing the exchange of
health information in compliance with federal and state law; and
2. Ensure immunization from liability under state law for
exchanges of health information in accordance with the standard
process.
Added by Laws 2008, c. 305, § 2, emerg. eff. June 2, 2008.
§63-7100.3. Definitions.
As used in the Oklahoma Health Information Exchange Act:
1. “Board” means the State Board of Health;
2. “Health information” means information, regardless of source
or form, that:
a. includes demographic information collected from an
individual,
b. relates to the past, present or future physical or
mental health or condition of an individual; the
provision of health care to an individual; or the past,
present or future payment for the provision of health
care to an individual, or
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c. identifies the individual or from which there is a
reasonable basis to believe the information can be used
to identify the individual; and
3. “Health care entity” means:
a. a health plan that, either as an individual or group,
provides for, or pays the cost of, medical care,
b. a health care provider that offers or renders medical
or health services, or
c. any further individual or association defined as a
covered entity under 45 C.F.R., Section 160.103.
Added by Laws 2008, c. 305, § 3, emerg. eff. June 2, 2008.
§63-7100.4. Authorization form for exchange of health information -
Instructions.
A. The State Board of Health shall adopt and distribute a
standard authorization form and accompanying instructions for use in
obtaining authorization for the exchange of health information.
B. The authorization form adopted and distributed by the Board
shall comply with all applicable federal and state privacy and
privilege laws.
Added by Laws 2008, c. 305, § 4, emerg. eff. June 2, 2008.
§63-7100.5. Acceptance and use of form.
A. A health care entity shall accept the authorization form
adopted and distributed by the State Board of Health as a valid
authorization for the exchange of health information.
B. A health care entity is not required under this act to use
the authorization form adopted and distributed by the Board.
Added by Laws 2008, c. 305, § 5, emerg. eff. June 2, 2008.
§63-7100.6. Immunity from liability.
Persons exchanging health information under the authorization
form adopted and distributed by the State Board of Health pursuant to
Section 4 of this act, when used in accordance with the instructions
of the Board, shall be immunized from liability in actions based upon
state privacy or privilege law that may be claimed to arise from the
exchange of such information.
Added by Laws 2008, c. 305, § 6, emerg. eff. June 2, 2008.
§63-7100.7. Information exchange not a violation or waiver of
privilege protected by law.
The exchange of health information under the authorization form
adopted and distributed by the State Board of Health shall not be
deemed to have violated or waived any privilege protected under the
statutory or common law of this state.
Added by Laws 2008, c. 305, § 7, emerg. eff. June 2, 2008.
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§63-7200.1. Short title.
This act shall be known and may be cited as the “Oklahoma Sleep
Diagnostic Testing Regulation Act”.
Added by Laws 2009, c. 360, § 1.
§63-7200.2. Legislative findings.
The Oklahoma Legislature hereby finds that:
1. There is a growing need for sleep diagnostic testing in the
diagnosis and treatment of sleep disorders;
2. Sleep diagnostic testing is being performed in Oklahoma; and
3. Oklahoma law does not provide sufficient regulation of sleep
diagnostic testing to assure the protection of the public.
Therefore, there is a need to provide legislation to enable the
appropriate entities to regulate persons performing sleep diagnostic
testing on the citizens of this state.
Added by Laws 2009, c. 360, § 2.
§63-7200.3. Definitions.
As used in the Oklahoma Sleep Diagnostic Testing Regulation Act:
1. “Advanced practice nurse” means a person licensed to practice
as an advanced practice nurse by the Oklahoma Board of Nursing
pursuant to the Oklahoma Nursing Practice Act;
2. “Interpreting physician” means a physician who provides
professional interpretation of data generated by sleep diagnostic
tests. An interpreting physician shall be board-certified in sleep
medicine by the American Board of Sleep Medicine (ABSM) or the
American Board of Medical Specialties or must have completed a one-
year sleep medicine fellowship accredited by the Accreditation
Council for Graduate Medical Education (ACGME) or received a
Certification of Special Qualifications (CSQ) or a Certification of
Added Qualifications (CAQ) in Sleep Medicine issued by the American
Osteopathic Association;
3. “Physician” means a person licensed to practice:
a. allopathic medicine and surgery by the State Board of
Medical Licensure and Supervision pursuant to the
Oklahoma Allopathic Medical and Surgical Licensure and
Supervision Act, or
b. osteopathic medicine by the State Board of Osteopathic
Examiners pursuant to the Oklahoma Osteopathic Medicine
Act;
4. “Physician assistant” means a person licensed to practice as
a physician assistant by the State Board of Medical Licensure and
Supervision pursuant to the Physician Assistant Act;
5. “Sleep diagnostic test” means any technological recording
procedure used for the diagnosis of sleep-related breathing disorders
or other disorders of sleep;
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6. “Sleep diagnostic testing facility” means a building or place
situated in a fixed location or a mobile entity that is used to
conduct sleep diagnostic tests and includes sleep disorder centers
and laboratories for sleep-related breathing disorders, but does not
include a hospital that conducts sleep diagnostic tests for its
patients, including sleep diagnostic tests performed under
arrangements made by a hospital for its patients whereby the hospital
exercises professional responsibility over the arranged services; and
7. “Supervising physician” means a physician responsible for the
supervision of the sleep diagnostic testing performed, including, but
not limited to, the quality of the testing performed, the proper
operation and calibration of the equipment used to perform sleep
diagnostic tests and the actions of nonphysician personnel engaged in
the performance of the sleep diagnostic testing. A supervising
physician shall be board-certified in sleep medicine by the American
Board of Sleep Medicine (ABSM) or the American Board of Medical
Specialties or shall have completed a one-year sleep medicine
fellowship accredited by the Accreditation Council for Graduate
Medical Education (ACGME), or received a Certification of Special
Qualifications (CSQ) or a Certification of Added Qualifications (CAQ)
in Sleep Medicine issued by the American Osteopathic Association.
Added by Laws 2009, c. 360, § 3. Amended by Laws 2010, c. 200, § 1,
eff. Nov. 1, 2010.
§63-7200.4. Ordering and furnishing sleep diagnostic tests -
Facility standards.
A. Sleep diagnostic tests shall be ordered by a physician,
physician assistant or advance practice nurse.
B. Sleep diagnostic tests shall be furnished:
1. By a sleep diagnostic testing facility;
2. By, or under arrangements made by, a hospital for its
patients whereby the hospital exercises professional responsibility
over the arranged services; or
3. In the patient’s home.
C. Sleep diagnostic testing facilities shall meet the following
standards:
1. Sleep diagnostic testing facilities shall be supervised by a
supervising physician as defined by this act;
2. On and after January 1, 2010, sleep diagnostic testing
facilities shall be fully or provisionally certified or accredited by
the American Academy of Sleep Medicine (AASM), the Joint Commission
or the Accreditation Commission for Healthcare (ACHC), except that
the full or provisional certification or accreditation by AASM, the
Joint Commission, or ACHC shall not be required until June 30, 2010,
for any sleep diagnostic testing facility that has submitted a
complete application for certification or accreditation to AASM, the
Joint Commission and/or ACHC on or before December 31, 2009;
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3. An interpreting physician shall interpret the data generated
by all sleep diagnostic tests conducted at a sleep diagnostic testing
facility; and
4. Nonphysician personnel conducting sleep diagnostic tests
shall perform their duties under the direction and supervision of the
supervising physician.
D. Sleep diagnostic tests performed in the patient’s home shall
be conducted under the supervision of a supervising physician and
interpreted by an interpreting physician.
Added by Laws 2009, c. 360, § 4.
§63-7200.5. Violations - Enforcement - Promulgation of rules.
A. It shall be unlawful for any facility or person to perform
sleep diagnostic tests without having first complied with this act or
as may otherwise be allowed by applicable law.
B. The State Department of Health is authorized to enforce the
provisions of this act.
C. The State Board of Health shall promulgate rules and
enforcement measures as necessary to implement the provisions of the
Oklahoma Sleep Diagnostic Testing Regulation Act.
Added by Laws 2009, c. 360, § 5. Amended by Laws 2010, c. 200, § 2,
eff. Nov. 1, 2010.
§63-7300. Interstate Health Care Compact.
WHEREAS, the separation of powers, both between the branches of
the Federal government and between Federal and State authority, is
essential to the preservation of individual liberty;
WHEREAS, the Constitution creates a Federal government of limited
and enumerated powers, and reserves to the States or to the people
those powers not granted to the Federal government;
WHEREAS, the Federal government has enacted many laws that have
preempted State laws with respect to Health Care, and placed
increasing strain on State budgets, impairing other responsibilities
such as education, infrastructure, and public safety;
WHEREAS, the Member States seek to protect individual liberty and
personal control over Health Care decisions, and believe the best
method to achieve these ends is by vesting regulatory authority over
Health Care in the States;
WHEREAS, by acting in concert, the Member States may express and
inspire confidence in the ability of each Member State to govern
Health Care effectively; and
WHEREAS, the Member States recognize that consent of Congress may
be more easily secured if the Member States collectively seek consent
through an interstate compact.
NOW THEREFORE, the Member States hereto resolve, and by the
adoption into law under their respective State Constitutions of this
Health Care Compact, agree, as follows:
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Sec. 1. Definitions.
As used in this Compact, unless the context clearly indicates
otherwise:
1. “Commission” means the Interstate Advisory Health Care
Commission.
2. “Effective Date” means the date upon which this Compact shall
become effective for purposes of the operation of State and Federal
law in a Member State, which shall be the later of:
(a) the date upon which this Compact shall be adopted under the
laws of the Member State, and
(b) the date upon which this Compact receives the consent of
Congress pursuant to Article I, Section 10, of the United States
Constitution, after at least two Member States adopt this Compact.
3. “Health Care” means care, services, supplies, or plans
related to the health of an individual and includes but is not
limited to:
(a) preventive, diagnostic, therapeutic, rehabilitative,
maintenance, or palliative care and counseling, service, assessment,
or procedure with respect to the physical or mental condition or
functional status of an individual or that affects the structure or
function of the body, and
(b) sale or dispensing of a drug, device, equipment, or other
item in accordance with a prescription, and
(c) an individual or group plan that provides, or pays the cost
of, care, services, or supplies related to the health of an
individual, except any care, services, supplies, or plans provided by
the United States Department of Defense and United States Department
of Veterans Affairs, or provided to Native Americans.
4. “Member State” means a State that is signatory to this
Compact and has adopted it under the laws of that State.
5. “Member State Base Funding Level” means a number equal to the
total Federal spending on Health Care in the Member State during
Federal fiscal year 2010. On or before the Effective Date, each
Member State shall determine the Member State Base Funding Level for
its State, and that number shall be binding upon that Member State.
The preliminary estimate of Member State Base Funding Level for the
State of Oklahoma is Ten Billion Three Hundred Forty-four Million.
6. “Member State Current Year Funding Level” means the Member
State Base Funding Level multiplied by the Member State Current Year
Population Adjustment Factor multiplied by the Current Year Inflation
Adjustment Factor.
7. “Member State Current Year Population Adjustment Factor”
means the average population of the Member State in the current year
less the average population of the Member State in Federal fiscal
year 2010, divided by the average population of the Member State in
Federal fiscal year 2010, plus 1. Average population in a Member
State shall be determined by the United States Census Bureau.
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8. “Current Year Inflation Adjustment Factor” means the Total
Gross Domestic Product Deflator in the current year divided by the
Total Gross Domestic Product Deflator in Federal fiscal year 2010.
Total Gross Domestic Product Deflator shall be determined by the
Bureau of Economic Analysis of the United States Department of
Commerce.
Sec. 2. Pledge.
The Member States shall take joint and separate action to secure
the consent of the United States Congress to this Compact in order to
return the authority to regulate Health Care to the Member States
consistent with the goals and principles articulated in this Compact.
The Member States shall improve Health Care policy within their
respective jurisdictions and according to the judgment and discretion
of each Member State.
Sec. 3. Legislative Power.
The legislatures of the Member States have the primary
responsibility to regulate Health Care in their respective States.
Sec. 4. State Control.
Each Member State, within its State, may suspend by legislation
the operation of all federal laws, rules, regulations, and orders
regarding Health Care that are inconsistent with the laws and
regulations adopted by the Member State pursuant to this Compact.
Federal and State laws, rules, regulations, and orders regarding
Health Care will remain in effect unless a Member State expressly
suspends them pursuant to its authority under this Compact. For any
federal law, rule, regulation, or order that remains in effect in a
Member State after the Effective Date, that Member State shall be
responsible for the associated funding obligations in its State.
Sec. 5. Funding.
(a) Each Federal fiscal year, each Member State shall have the
right to Federal monies up to an amount equal to its Member State
Current Year Funding Level for that Federal fiscal year, funded by
Congress as mandatory spending and not subject to annual
appropriation, to support the exercise of Member State authority
under this Compact. This funding shall not be conditional on any
action of or regulation, policy, law, or rule being adopted by the
Member State.
(b) By the start of each Federal fiscal year, Congress shall
establish an initial Member State Current Year Funding Level for each
Member State, based upon reasonable estimates. The final Member
State Current Year Funding Level shall be calculated, and funding
shall be reconciled by the United States Congress based upon
information provided by each Member State and audited by the United
States Government Accountability Office.
Sec. 6. Interstate Advisory Health Care Commission.
(a) The Interstate Advisory Health Care Commission is
established. The Commission consists of members appointed by each
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Member State through a process to be determined by each Member State.
A Member State may not appoint more than two members to the
Commission and may withdraw membership from the Commission at any
time. Each Commission member is entitled to one vote. The
Commission shall not act unless a majority of the members are
present, and no action shall be binding unless approved by a majority
of the Commission’s total membership.
(b) The Commission may elect from among its membership a
Chairperson. The Commission may adopt and publish bylaws and
policies that are not inconsistent with this Compact. The Commission
shall meet at least once a year, and may meet more frequently.
(c) The Commission may study issues of Health Care regulation
that are of particular concern to the Member States. The Commission
may make nonbinding recommendations to the Member States. The
legislatures of the Member States may consider these recommendations
in determining the appropriate Health Care policies in their
respective States.
(d) The Commission shall collect information and data to assist
the Member States in their regulation of Health Care, including
assessing the performance of various State Health Care programs and
compiling information on the prices of Health Care. The Commission
shall make this information and data available to the legislatures of
the Member States. Notwithstanding any other provision in this
Compact, no Member State shall disclose to the Commission the health
information of any individual, nor shall the Commission disclose the
health information of any individual.
(e) The Commission shall be funded by the Member States as
agreed to by the Member States. The Commission shall have the
responsibilities and duties as may be conferred upon it by subsequent
action of the respective legislatures of the Member States in
accordance with the terms of this Compact.
(f) The Commission shall not take any action within a Member
State that contravenes any State law of that Member State.
Sec. 7. Congressional Consent.
This Compact shall be effective on its adoption by at least two
Member States and consent of the United States Congress. This
Compact shall be effective unless the United States Congress, in
consenting to this Compact, alters the fundamental purposes of this
Compact, which are:
(a) To secure the right of the Member States to regulate Health
Care in their respective States pursuant to this Compact and to
suspend the operation of any conflicting federal laws, rules,
regulations, and orders within their States; and
(b) To secure Federal funding for Member States that choose to
invoke their authority under this Compact, as prescribed by Section 5
above.
Sec. 8. Amendments.
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The Member States, by unanimous agreement, may amend this Compact
from time to time without the prior consent or approval of Congress
and any amendment shall be effective unless, within one year, the
Congress disapproves that amendment. Any State may join this Compact
after the date on which Congress consents to the Compact by adoption
into law under its State Constitution.
Sec. 9. Withdrawal; Dissolution.
Any Member State may withdraw from this Compact by adopting a law
to that effect, but no such withdrawal shall take effect until six
months after the Governor of the withdrawing Member State has given
notice of the withdrawal to the other Member States. A withdrawing
State shall be liable for any obligations that it may have incurred
prior to the date on which its withdrawal becomes effective. This
Compact shall be dissolved upon the withdrawal of all but one of the
Member States.
Added by Laws 2011, c. 267, § 1.
§63-7301. Diabetes prevention reporting.
'%&
B. The Authority and the Department shall submit a report to the
President Pro Tempore of the Senate and the Speaker of the House of
Representatives by January 10th of odd-numbered years. Such report
shall contain the following information:
1. The fiscal impact of all types of diabetes on the Authority,
the Department, and county health departments including the number of
persons with diabetes receiving services through the Authority, the
Department, and county health departments;
2. The fiscal impact of diabetes on the Authority, the
Department, and county health departments in comparison to other
chronic diseases;
3. An assessment of the benefits of diabetes prevention programs
including a summary of funding directed to the Authority and the
Department from the Oklahoma State Legislature;
4. A description of coordination between the Authority and the
Department including, but not limited to, programs relating to the
treatment and prevention of all forms of diabetes;
5. Detailed action plans for battling diabetes with actionable
items for consideration by the Legislature including, but not limited
to, steps to reduce the impact of diabetes, pre-diabetes, and related
diabetes complications;
6. Identification of expected outcomes of the action steps and
benchmarks for controlling and preventing all forms of diabetes; and
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7. The development of a detailed budget blueprint identifying
needs, costs, and resources required to implement the plan provided
for in this act. Such blueprint shall include a budget range for all
options presented in the plan for consideration by the Legislature.
C. The provisions of this act shall be limited to diabetes
information, data, initiatives, and programs within the Authority and
the Department prior to the effective date of this act, unless there
is available funding for diabetes in each agency that may be used for
new research, data collection reporting or other requirements of this
act.
Added by Laws 2015, c. 46, § 1, eff. Nov. 1, 2015.
§63-7302. Tanning facilities - Age requirement - Posting
requirement.
A. As used in this act:
1. "Phototherapy device" means equipment that emits ultraviolet
radiation and is used in the diagnosis or treatment of disease or
injury;
2. "Tanning device" means equipment that emits electromagnetic
radiation having wavelengths in the air between two hundred (200) and
four hundred (400) nanometers and that is used for tanning of human
skin and any equipment used with that equipment including, but not
limited to, protective eyewear, timers and handrails. For the
purposes of this paragraph, "tanning device" shall not include a
phototherapy device used, or prescribed for use, by a physician;
3. "Tanning facility" means any location, place, area, structure
or business that provides persons access to any tanning device,
including tanning salons, health clubs, apartments and condominiums,
regardless of whether a fee is charged for access to tanning
equipment; and
4. "Operator" means a person designated by the owner of a
tanning facility or tanning device lessee to operate or to assist and
instruct in the operation and use of the tanning facility or tanning
device.
B. It shall be unlawful for any person under eighteen (18) years
of age to use any tanning device of any tanning facility in this
state.
C. A person who is the owner, lessee or operator of a tanning
facility in this state shall post in a conspicuous place in each
tanning facility owned, leased or operated by that person a notice
developed by the State Department of Health that states all of the
following:
1. That it is unlawful for a tanning facility or operator to
allow a person under eighteen (18) years of age to use any tanning
device;
2. That a tanning facility or operator that violates the
provisions of this act shall be subject to a civil penalty;
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3. That an individual may report a violation of one or more
provisions of this act to the local law enforcement agency; and
4. The health risks associated with tanning including, but not
limited to, skin cancer, premature aging of skin, burns to the skin
and adverse reactions to certain medications, foods and cosmetics.
D. The State Board of Health shall promulgate rules to implement
the provisions of this act.
Added by Laws 2017, c. 189, § 1, eff. Nov. 1, 2017.
§63-7310. Health insurance plans – Step therapy protocol -
Requirements.
A. As used in this section:
1. "Clinical practice guidelines" means a systematically
developed statement to assist decision-making by healthcare providers
and patients about appropriate healthcare or specific clinical
circumstances and conditions;
2. "Health insurance plan" means any individual or group health
insurance policy, medical service plan, contract, hospital service
corporation contract, hospital and medical service corporation
contract, fraternal benefit society or health maintenance
organization, municipal group-funded pool, the Oklahoma Medicaid
Program and the state health care benefits plan that provides
medical, surgical or hospital expense coverage. For purposes of this
section, "health insurance plan" also includes any utilization review
organization that contracts with a health insurance plan provider;
3. "Medical necessity" means that, under the applicable standard
of care, a health service or supply is appropriate to improve or
preserve health, life or function, to slow the deterioration of
health, life or function or for the early screening, prevention,
evaluation, diagnosis or treatment of a disease, condition, illness
or injury;
4. "Step therapy protocol" means a protocol or program that
establishes a specific sequence in which prescription drugs for a
specified medical condition that are medically appropriate for a
particular patient are covered by a health insurance plan;
5. "Step therapy exception" means a process by which a step
therapy protocol is overridden in favor of immediate coverage of the
healthcare provider's selected prescription drug;
6. "Utilization review organization" means an entity that
conducts utilization review, not including a health insurance plan
provider performing utilization review for the provider's own health
insurance plan; and
7. "Pharmaceutical sample" means a unit of a prescription drug
that is not intended to be sold and is intended to promote the sale
of the drug.
B. For any health insurance plan that is delivered, issued for
delivery, amended or renewed on or after January 1, 2020, and that
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utilizes a step therapy protocol, a health carrier, health benefit
plan or utilization review organization shall use recognized,
evidence-based and peer-reviewed clinical practice guidelines when
establishing any step therapy protocol, when such guidelines are
available.
C. 1. For any health insurance plan that is delivered, issued
for delivery, amended or renewed on or after January 1, 2020, and
that restricts coverage of a prescription drug for the treatment of
any medical condition pursuant to a step therapy protocol, the health
insurance plan provider shall provide to the prescribing healthcare
provider and patient access to a clear, convenient and readily
accessible process to request a step therapy exception. Any health
insurance plan provider that utilizes a step therapy protocol shall
make such process to request a step therapy exception accessible on
the health insurance plan provider's website.
2. A health insurance plan shall grant a requested step therapy
exception if the submitted justification of the prescribing provider
and supporting clinical documentation, if needed, is completed and
supports the statement of the provider that:
a. the required prescription drug is contraindicated or
will likely cause an adverse reaction or physical or
mental harm to the patient,
b. the required prescription drug is expected to be
ineffective based on the known clinical characteristics
of the patient and the known characteristics of the
prescription drug,
c. the patient has tried the required prescription drug
while under the patient's current or a previous health
insurance plan and such prescription drug was
discontinued due to lack of efficacy or effectiveness,
diminished effect or an adverse event,
d. the required prescription drug is not in the best
interest of the patient, based on medical necessity, or
e. the patient is stable on a prescription drug selected
by the patient's healthcare provider for the medical
condition under consideration while on the patient's
current or a previous health insurance plan.
3. A health insurance plan provider shall permit a patient to
appeal any decision rendered on a request for a step therapy
exception.
D. A health insurance plan provider shall respond to a request
for a step therapy exception, or any appeal therefor, within seventy-
two (72) hours of receipt of the request or appeal. If a patient's
prescribing healthcare provider indicates that exigent circumstances
exist, the health insurance plan provider shall respond to such a
request or appeal within twenty-four (24) hours of receipt of the
request or appeal. If the health insurance plan provider fails to
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respond within the required time, the step therapy exception or
appeal shall be deemed granted. Upon granting a step therapy
exception, the health insurance plan provider shall authorize
coverage for and dispensation of the prescription drug prescribed by
the patient's healthcare provider.
E. This section shall not be construed to prevent a healthcare
provider from prescribing a prescription drug that is determined to
be medically appropriate.
F. Nothing in this section shall be construed to authorize the
use of a pharmaceutical sample for the sole purpose of meeting the
requirements for a step therapy exception.
G. Nothing in this section shall be construed to prevent the
substitution of a drug in accordance with current statutes and
regulations of this state.
H. The Oklahoma Insurance Department and the Oklahoma Health
Care Authority shall adopt rules necessary to implement and
administer this act prior to January 1, 2020.
Added by Laws 2019, c. 69, § 1, eff. Nov. 1, 2019.
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