2010 Oklahoma Code
Title 63. Public Health and Safety

Download rtf
Loading PDF...
•631101. Short title.  This act shall be known as the Oklahoma Public Health Code.    Laws 1963, c. 325, art. 1, • 101.   •631102. 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.  (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 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.  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.  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, 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 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.    •63-1-104. State Board of Health – Officers – Government – Travel expenses – Powers and duties.  A. The State Board of Health shall elect annually from its membership a President, Vice President and Secretary. The Board shall adopt rules for its government, and may adopt an official seal for the State Department of Health. It shall hold such meetings as it deems necessary. Each member of the Board shall be paid travel expenses, as provided in the State Travel Reimbursement Act.  B. The Board shall have the following powers and duties:  1. Appoint and fix the compensation of a State Commissioner of Health;  2. Adopt such rules and standards as it deems necessary to carry out any of the provisions of this Code;  3. Accept and disburse grants, allotments, gifts, devises, bequests, funds, appropriations, and other property made or offered to it; and  4. Establish such divisions, sections, bureaus, offices, and positions in the State Department of Health as it deems necessary to carry out the provisions of this Code.  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.    •631105. 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 State Board of Health, or by law.    Laws 1963, c. 325, art. 1, • 105.   •631105a. 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:  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 and may be budgeted and expended by the State Department of Health for purposes of paragraph 2 of subsection C of Section 1 of 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 State Finance for approval and payment.  Added by Laws 2000, c. 340, • 20, eff. July 1, 2000.    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; and  2. Fix and collect fees for the certification of compliance of health maintenance organizations pursuant to the provisions of Section 7 of the Health Maintenance Organization Act of 2003.  B. All actions of the Department shall be subject to the provisions of the Administrative Procedures Act.  C. Fees 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.    •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 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 subpoenas for the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence that is in the custody or control of the State Department of Health;  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;  2. Report to and be under the direct supervision of the State Board of Health. Unless otherwise directed by the State Board of Health, the Director shall report to and be under the general supervision of the State Commissioner of Health, but 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. 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.    •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 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 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 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 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.  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 thirteen (13) members as follows:  1. Eight 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, and  h.  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,  c.  two directors from other county health departments in this state or a designee, appointed by the Commissioner, and  d.  the Director of the State Department of Agriculture, 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, and 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.    •631107. 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 State Finance for approval and payment.    Amended by Laws 1986, c. 312, • 13, operative July 1, 1986.   •63-1-107.1. Repealed by Laws 2002, c. 3, • 25, emerg. eff. Feb. 15, 2002.  •63-1-107.1A. Eldercare Revolving Fund.  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 State Finance 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.    •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 State Finance for approval and payment.  Added by Laws 1992, c. 336, • 7, eff. July 1, 1992.    •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 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 State Finance for approval and payment.  Added by Laws 1993, c. 269, • 9, eff. Sept. 1, 1993.    •631108. 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 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.   •631109. 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 dulyaccredited 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 State Finance 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;  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.    •63-1-111.1. Repealed by Laws 2004, c. 29, • 1.  •63-1-114.1. Comprehensive Childhood Lead Poisoning Prevention Program - Childhood Lead Poisoning Prevention Advisory Council.  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 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 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.  C. To assist the State Board of Health in establishing criteria, standards and rules necessary to effectuate the provisions of this section, there is hereby created the Childhood Lead Poisoning Prevention Advisory Council. The Council shall consist of fifteen (15) members to be appointed as follows:  1. Eleven members shall be appointed by the State Commissioner of Health as follows: a representative of a local housing authority, a representative of a housing industry organization, a local housing code official, a representative of a local housing project, an environmental professional, a public health nurse, a representative of the Oklahoma Chapter of the American Academy of Pediatrics, a representative of the State Medicaid Program, a clinical laboratory director, and two parents; and  2. The following four ex officio members or their designees: the State Commissioner of Health, the Executive Director of the Department of Environmental Quality, the Director of the Oklahoma Commission on Children and Youth, and the Director of the Oklahoma Housing Finance Authority.  The terms of office of the appointed members shall be three (3) years. Members shall serve at the pleasure of the appointing authority. The Council shall recommend to the Board rules for the Comprehensive Childhood Lead Poisoning Prevention Program. The Council is authorized to utilize the conference rooms of the State Department of Health and to obtain administrative assistance from the Department.  Added by Laws 1994, c. 158, • 1, eff. Sept. 1, 1994.    •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;  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 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,  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, 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 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 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 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 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. 276, • 1, eff. Nov. 1, 2009..  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  (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.  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. 277, • 1, eff. Nov. 1, 2009.    •631201. 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 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.    •631203. 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.   •631204. 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.   •631205. 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, 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, • 2205. 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 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.  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.    •631207. 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.   •631208. 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 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 citycounty boards of health, whereby state funds will be used in conjunction with county funds for the operation of county, district, cooperative and citycounty 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.   •631208.1. 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 citycounty department of health, and shall be under the administrative direction of the medical director of the county, cooperative, district, or citycounty department of health, and under the supervision of the State Commissioner of Health. The county board of health or the citycounty 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 citycounty 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 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 citycounty 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 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.    •631209.1. 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 1202, to be the sponsoring agency for our National Health Service Corps assignees as established by Public Law 91623, 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.   •631210. Citycounty board of health in certain counties Membership.  There is hereby created in any county of the State of Oklahoma with a population of more than two hundred twentyfive 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 citycounty board of health composed of nine (9) members. The membership of the Board shall be composed of five 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 citycounty 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 citycounty 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.    Laws 1963, c. 325, art. 2, • 210.   •631211. Organization Meetings Compensation.  Such citycounty 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; 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.   •631212. Powers and duties of city county board of health.  It shall be the duty of the citycounty 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.   •631212.1. Peace officer certificates for certain employees.  Any employee of a citycounty 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 citycounty 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.  B. The board of county commissioners is also authorized to provide for the levying and collection of fees for services performed by such citycounty 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 - 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 citycounty 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. Unless such agreement 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.  B. The qualifications of the director shall be determined by the citycounty 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 citycounty 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.  C. 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 citycounty 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 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.  D. Such citycounty 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.  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.    •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 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.    •631217. 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.   •631218. Annual budget.  The citycounty board of health, in cooperation with the Director of the citycounty health department, shall prepare an annual budget for the operation of the citycounty 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 citycounty 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 such citycounty 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 citycounty health department, with approval of the board of county commissioners of the county, employees of such citycounty 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 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.    •631219. Child guidance programs, community mental health services and community facilities for mentally retarded 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 said board or boards, to conduct a child guidance program, and/or community health center and/or community facility for the mentally retarded, 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 threefourths (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 mental retardation services established or maintained hereunder shall first be approved by the Director of the Department of Institutions, Social and Rehabilitative Services on the advice of the Oklahoma Welfare Commission and shall operate under regulations prescribed by the Oklahoma Public Welfare Commission.    Laws 1963, c. 325, art. 2, • 219; Laws 1974, c. 265, • 1.   •631222.1. Governing boards Membership Tenure.  A. Every county or combination of counties desirous of establishing a mental health center and/or facilities for the mentally retarded shall establish a community mental health board and/or mental retardation 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 said 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 (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 the mentally retarded, the chairman 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.    Laws 1974, c. 265, • 2.   •631222.2. 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 Community Mental Health Services Act, Sections 601 through 609, Title 43A, Oklahoma Statutes; and  2. For the mental retardation board, the duties prescribed for the Oklahoma Welfare Commission by Sections 301 through 335, Title 43A, Oklahoma Statutes.    Laws 1974, c. 265, • 3.   •631222.3. Support of programs.  The board of county commissioners may allocate part or all of the proceeds of the threefourthsmill levy provided for by Section 1219, 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 1202, Title 63, Oklahoma Statutes.    Laws 1974, c. 265, • 4.   •631222.4. 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.    •631223. Constitutional levy for health department.  A levy of not to exceed two and onehalf (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.   •631224. 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.   •631225. 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.   •631226. 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.  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 7102 of Title 10 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. “Child Abuse Training and Coordination Council” or “Training Council” means the council responsible for the development of training curricula established by Section 1-227.9 of this title;  3. “Primary prevention” means programs and services designed to promote the general welfare of children and families;  4. “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;  5. “Tertiary prevention” means those services provided after abuse or neglect has occurred which are designed to prevent the recurrence of abuse or neglect;  6. “Department” means the State Department of Health;  7. “Director” means the Director of the Office of Child Abuse Prevention;  8. “Office” means the Office of Child Abuse Prevention;  9. “Interagency child abuse prevention task force” means the state child abuse prevention planning and coordinating body established pursuant to the provisions of Section 1227.4 of this title;  10. “Commission” means the Oklahoma Commission on Children and Youth; and  11. “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.    •63-1-227.2. Power and duties of Office of Child Abuse Prevention.  A. The Office of Child Abuse Prevention 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 programs and services, and to revise and update said 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, and  (6)  average actual expenditures per family during the most recent state fiscal year,  c.  recommendations for the further development and improvement of services and programs for the prevention of child abuse and neglect, and  d.  budget and program needs; 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  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 Board of Health is authorized to promulgate rules and regulations as necessary to implement the duties and responsibilities assigned to the Office of Child Abuse Prevention.  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.    •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 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. Interagency child abuse prevention task force, designees - Development and preparation of comprehensive state plan - Proposal for grants for child abuse prevention programs and services.  A. The Oklahoma Commission on Children and Youth shall appoint an interagency child abuse prevention task force which shall be composed of seventeen (17) members as follows:  1. One representative of the child welfare services division of the Department of Human Services;  2. One representative of the maternal and child health services of the State Department of Health;  3. One representative of the child guidance services of the State Department of Health;  4. One representative of the State Department of Education;  5. Two representatives of the Department of Mental Health and Substance Abuse Services, one with expertise in the treatment of mental illness and one with expertise in the treatment of substance abuse;  6. One representative of the Office of the Attorney General with expertise in the area of domestic abuse;  7. One representative of the Oklahoma Commission on Children and Youth’s Community Partnership Board;  8. One representative of the Oklahoma Chapter of the American Academy of Pediatrics;  9. One representative of the judiciary, the legal profession, or law enforcement;  10. Two representatives who have expertise in the delivery of child abuse prevention services and who do not receive funds from the Child Abuse Prevention Fund as provided in Section 1-227.8 of this title; one of whom shall have experience providing child abuse prevention services pursuant to Section 1-9-108 of Title 10A of the Oklahoma Statutes;  11. One representative of the Oklahoma Partnership for School Readiness Board;  12. Three parents participating in a child abuse prevention program, one of whom shall have participated in a program for high-risk families pursuant to Section 1-9-108 of Title 10A of the Oklahoma Statutes; and  13. One representative of the faith community.  B. Each member of the interagency child abuse prevention task force is authorized to have one designee.  C. The Office of Child Abuse Prevention and the interagency child abuse prevention task force of the Oklahoma Commission on Children and Youth shall prepare the comprehensive state plan for prevention of child abuse and neglect for the approval of the Commission. The development and preparation of said 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.  D. 1. The interagency child abuse prevention task force and 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 interagency child abuse prevention task force and 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.  2. Upon ascertaining compliance with said plans, the Commission shall deliver the findings of the interagency child abuse prevention task force and 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. Whenever the Commissioner approves a grant or contract which was not recommended by the interagency task force and the Office of Child Abuse Prevention, the Commissioner shall state in writing the reason for such decision.  5. Once the grants or contracts have been awarded by the Commissioner, the Office of Child Abuse Prevention, along with the interagency child abuse prevention task force, 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.    •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.  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 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 1227.6 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 1227.6 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 1227.4 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;  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;  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. "Committee" means the Tobacco Use Prevention and Cessation Advisory Committee established pursuant to Section 4 of this act to review and recommend a State Plan for Tobacco Use Prevention and Cessation, to periodically review progress towards meeting the objectives of the State Plan, and to approve of all Invitations To Bid prior to issuance and make final recommendations for award of contracts from the Fund for the purpose of reducing tobacco use;  2. "Contractor" means any public entity, private entity, or private nonprofit entity to which the State Department of Health, after recommendation by the Tobacco Use Prevention and Cessation Advisory Committee, has awarded monies from the Fund for qualified tobacco use prevention or cessation programs;  3. "Department" means the State Department of Health;  4. "Fund" means the Tobacco Use Reduction Fund established pursuant to Section 3 of this act;  5. "Qualified tobacco use prevention or cessation program" means a program for the prevention or cessation of tobacco use that meets the criteria set forth in the State Plan for Tobacco Use Prevention and Cessation;  6. "State Plan" means the State Plan for Tobacco Use Prevention and Cessation adopted pursuant to Section 5 of this act; and  7. “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.    •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 State Finance 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.    •63-1-229.4. Tobacco Use Prevention and Cessation Advisory Committee.  A. There is hereby established the Tobacco Use Prevention and Cessation Advisory Committee, which shall review and recommend a State Plan for Tobacco Use Prevention and Cessation to the State Department of Health, periodically review progress towards meeting the objectives of the State Plan, approve applications for or Invitations To Bid for contracts proposed by the Department, and make recommendations for the award of contracts from the Fund for qualified tobacco use prevention or cessation programs.  B. The Committee shall consist of twenty (20) members as follows:  1. The State Commissioner of Health or designee, who shall be chairperson;  2. The State Superintendent of Public Instruction, or designee;  3. The Commissioner of Mental Health and Substance Abuse Services, or designee;  4. The Director of the Alcoholic Beverage Laws Enforcement Commission, or designee; and  5. Sixteen members who shall be appointed by the Governor as follows:  a.  one member who is a child psychologist selected from a list provided by the Oklahoma Psychological Association,  b.  one member who provides and has experience in behavioral health and youth programs,  c.  two members who are between twelve (12) and eighteen (18) years of age,  d.  one member who has experience in retail business,  e.  one member who has advertising and marketing experience selected from a list provided by the American Cancer Society,  f.  a director of a community-based youth program or club selected from a list provided by the Oklahoma Public Health Association,  g.  an osteopathic physician selected from a list provided by the Oklahoma Osteopathic Association,  h.  a dentist selected from a list provided by the Oklahoma Dental Association,  i.  a board-certified pulmonary disease medical doctor selected from a list provided by the Oklahoma State Medical Association,  j.  one member selected from a list provided by the American Heart Association,  k.  a registered nurse selected from a list provided by the Oklahoma Nurses Association,  l.  a director of a community-based youth program or club,  m.  a licensed behavioral health professional with experience in the field of juvenile behavior selected from a list provided by the Quality Behavioral Services Alliance,  n.  one member selected from a list provided by the American Lung Association, and  o.  a middle school or high school counselor selected from a list provided by the Oklahoma Institute for Child Advocacy.  C. The initial term of office of the members appointed by the Governor shall be as follows:  1. Eight members shall serve a term of office of one (1) year; and  2. Eight members shall serve a term of office of two (2) years. Thereafter, the appointed members shall serve two-year terms. All members may be reappointed. The appointed members shall be selected for their knowledge, competence, experience, or interest in tobacco use prevention or cessation. No appointed members except the retailer, as provided for in subparagraph d of paragraph 5 of subsection B of this section, shall have any current affiliation with the tobacco industry or any industry contractor, agent, or organization that sells or distributes tobacco products. No appointed members except the retailer, as provided for in subparagraph d of paragraph 5 of subsection B of this section, shall receive or seek any remuneration, gift, or political contribution from a tobacco manufacturer or their contractors, agents, or representatives.  D. The Committee shall be convened and chaired by the State Commissioner of Health or designee for its first meeting no later than September 1, 2001. A vice-chairperson of the Committee shall be elected by a majority vote of its members and shall serve at the pleasure of the majority of the members of the Committee. Meetings of the Committee shall be at the call of the chairperson. The chairperson, or in the chairperson's absence, the vice-chairperson, shall preside over meetings of the Committee. A quorum shall consist of a simple majority of the members.  E. The Committee shall have an Executive Director who shall be appointed by the State Commissioner of Health and approved by a majority vote of the members of the Committee. The Executive Director shall be an unclassified employee of the Department. The salary of the Executive Director and travel and per diem expenses of the Committee members when attending Committee meetings shall be paid from the Fund in accordance with the State Travel Reimbursement Act. From time to time as necessary to support its activities, the Committee may request from the State Department of Health the assignment of staff and support personnel who are full-time employees of the Department. No portion of the salaries of such employees shall be reimbursable from the Fund.  Added by Laws 2001, c. 275, • 4, emerg. eff. May 31, 2001.    •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 Tobacco Use Prevention and Cessation Advisory Committee 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 subsequent year, the Committee may propose amendments to the plan. The Committee shall submit its proposed State Plan or any proposed 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 Committee on the State Plan on or before March 1, 2002, and may submit comments to the Committee on its proposed amendments to the State Plan on or before March 1 of each subsequent year. On or before May 1, 2002, the Committee shall adopt a final State Plan and shall submit such plan to the State Department of Health. On or before May 1 of each subsequent year, the Committee shall recommend any amendments to the State Plan to the Department and 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 by the Committee. 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:  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.  F. The State Plan shall provide that no more than five percent (5%) of the Fund shall be expended on the administrative costs of the Committee.  G. The development and adoption of the State Plan shall be subject to the notice and comment provisions of the Administrative Procedures Act, except as otherwise provided in this act.  Added by Laws 2001, c. 275, • 5, emerg. eff. May 31, 2001.    •63-1-229.6. Review and approval of Invitations to Bid – Considerations in developing State Plan and reviewing intergovernmental contracts.  A. The Tobacco Use Prevention and Cessation Advisory Committee shall meet at least four times a year to review Invitations To Bid proposed by the Department and applications for contracts and to evaluate the progress and outcomes of tobacco use prevention and cessation programs. The Committee shall make final approval to the State Department of Health for the issuance of Invitations To Bid for contracts for tobacco use prevention and cessation programs. No approval of an Invitation To Bid may be forwarded to the Department without the approval of the vote of a majority of the Committee.  B. The Invitation To Bid response evaluation teams shall be subcommittees appointed by the Advisory Committee. No subcommittee member shall be an applicant or recipient of funds for the program component proposed.  C. The subcommittees and Advisory Committee shall make final recommendations to the Department for the award of contracts to qualified bidders. No recommendation may be forwarded to the Department without the approval of a majority of the Committee.  D. In the case of proposed contracts between the Department and other government agencies, the Advisory Committee shall make final recommendations to the Department for award. No recommendations may be forwarded to the Department without the approval of a majority of the Committee.  E. 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 Committee 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 Committee may not recommend the award of 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.  F. In developing the State Plan and approving Invitations To Bid and reviewing intergovernmental contracts the Committee 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:  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.  G. 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.    •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.  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.    •63-1-230. 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  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.    •63-1-233. 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 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.    •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.  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.  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. Office of Child Care - Establishment - Qualification for federal child care and development block grant funds - Duties.  There is hereby established within the Department of Human Services the Office of Child Care. The Office of Child Care shall:  1. Develop a state child care plan to qualify for federal child care and development block grant funds.  Such plan shall:  a.  Provide to the maximum extent practicable that parents or guardians of each eligible child be given the option to enroll such child with a child care provider that has a grant or contract for the provision of child care services with the Department of Human Services, which is selected by the parent or guardian, or to receive a child care certificate, as defined in Chapter 6 of the Omnibus Budget Reconciliation Act of 1990, of value commensurate with the subsidy value of child care services provided through contract or grant;  b.  Provide that nothing in the plan shall preclude the use of child care certificates for sectarian child care services if freely chosen by the parents;  2. Oversee distribution of state and federal funds related to child care;  3. Provide technical assistance to employers who are interested in exploring child care benefits and community child care needs;  4. Assist the Oklahoma Department of Commerce in promoting Oklahoma as a state that cares about families and children;  5. Address barriers that limit the availability of care for children with handicaps, infants, school-age children and children whose parents work nontraditional hours;  6. Provide oversight, training and technical assistance to resource and referral programs;  7. Coordinate the provision of training statewide for child care providers;  8. Increase community awareness of the need for quality child care which is both available and affordable;  9. Serve as a clearinghouse for child care data, resources and initiatives;  10. Cooperate with the Compensation Division of the Office of Personnel Management regarding child care benefits for state employees; and  11. Advise parents that no outside child care can ever be as effective and beneficial as devoted loving care within the home, and encourage parents to care for their children themselves, in their own home, whenever possible.  Added by Laws 1991, c. 147, • 1.    •63-1-241. Termination of act.  This act shall terminate upon removal of any federal funds to be used in administering the program.  Added by Laws 1991, c. 147, • 2.    •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;  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 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.  Added by Laws 1999, c. 198, • 2, eff. Nov. 1, 1999.    •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,  (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,  (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. Interagency Council on Osteoporosis – Advisory Panel on Osteoporosis.  A. There is hereby established within the State Department of Health an Interagency Council on Osteoporosis. The State Commissioner of Health shall chair the interagency council. The council shall be composed of representatives from appropriate state departments and agencies including, but not limited to, the entities with responsibility for aging, health care delivery, education, public welfare, and women’s programs, who shall be appointed by the director or chief operating officer of such entity.  B. The council shall:  1. Advise the Department 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 the Department and 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.  C. The Interagency Council on Osteoporosis shall establish 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.  Added by Laws 1999, c. 198, • 4, eff. Nov. 1, 1999.    •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. Establishment of statewide system.  A. As funding permits, the State Department of Health shall establish a statewide coordinated system of care for stroke, which shall include special focus and attention on timely access to care, diagnosis, and the most advanced treatment for persons most disproportionately affected by stroke. Such system shall include, but shall not be limited to:  1. Recommendations from the Oklahoma Hospital Advisory Council;  2. Partnerships with relevant associations;  3. Measures to raise awareness about the effects of uncontrolled high blood pressure and diabetes; and  4. Promotion of adherence to primary and secondary stroke recognition and prevention guidelines by health care professionals, including emergency medical services providers, such as emergency medical responders and transport providers, and hospital emergency room and health clinic personnel.  B. The State Board of Health shall promulgate rules as necessary to implement the provisions of this section.  Added by Laws 2008, c. 305, • 8, emerg. eff. June 2, 2008.    •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:  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.  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.    •63-1-301. 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, 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 a period of gestation as prescribed by the State Board of Health. 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; and  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.  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.    •631302. 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.   •631303. 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.   •631304. 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) direct, supervise and control the activities of local registrars.  (4) prescribe and distribute such forms as are required by this article and the rules and regulations issued hereunder.  (5) 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 him to employees of the State Department of Health and to the local registrars as he deems necessary or expedient.    Laws 1963, c. 325, art. 3, • 304.   •631305. Registration districts.  The Commissioner shall from time to time establish registration districts throughout the state. He may consolidate or subdivide such districts to facilitate registration.    Laws 1963, c. 325, art. 3, • 305.   •631306. Local registrars Deputies.  The Commissioner shall appoint a local registrar of vital statistics for each registration district to serve at his pleasure. The local registrar may, with the approval of the Commissioner, appoint one or more deputies.    Laws 1963, c. 325, art. 3, • 306.   •631307. Duties of local registrar.  (a) The local registrar, with respect to his registration district, shall:  (1) carry out the provisions of this article and instructions, rules, and regulations issued hereunder.  (2) be responsible for certificates being completed and filed in accordance with the provisions of this article and the rules and regulations issued hereunder.  (3) transmit the certificates, reports or other returns filed with him to the State Commissioner of Health or the State Registrar of Vital Statistics as directed by either. In those instances where the funeral director or person acting as such desires to obtain copies of a certificate of death, the local registrar of the area in the county where the death occurred shall review the certificate of death for accuracy, completeness and to determine that the certificate is signed by a qualified certifier as provided for in the provisions of Oklahoma Statutes.  If, in the opinion of the local registrar, the certificate is not acceptable for any reason, the local registrar shall refuse to complete it and shall advise the funeral director or person acting as such why the certificate is not acceptable. However, when a certificate of death is determined to meet all qualifications, the local registrar shall date and sign the certificate in the space provided for the same and shall complete and maintain the other records for which he is responsible for keeping. No changes or alterations shall be made to the certificate of death after the local registrar has signed it except by the State Registrar of Vital Statistics after it is placed on permanent file in his office where the amendment will be made in accordance with provisions of this same title and regulations adopted in accordance with these provisions. The local registrar, after completing his portion of the certificate of death, shall return it to the funeral director or person acting as such who shall take the certificate to the court clerk of the county in which the death occurred within twentyfour (24) hours after the local registrar has signed it and returned it to him. No person shall mail such a certificate to the court clerk. The funeral director or person acting as such shall present a written application with each certificate of death, as well as payment of fees for the certified copies desired. The fee charged for each certified copy shall be the same as that charged by the State Health Department Division of Vital Records, as established by the Oklahoma State Board of Health, in accordance with provisions of Section 1325 of this same title. The court clerk shall prescribe according to law the additional fee charged by him for his services in issuing of the certified copies which shall be paid by the funeral director or person acting as such. The funeral director or person acting as such shall present with his application a check or money order made payable to the Oklahoma State Department of Health for the fees paid for the certified copies. The court clerk shall determine by reviewing the certificate of death that the death occurred in the county for which he serves as court clerk and that the certificate has been signed and dated by the local registrar within the twentyfourhour period, as previously set forth. In the event a certificate is received in the mail or does not meet the requirements as prescribed above, the court clerk shall refuse to make certified copies and shall direct that the certificate be returned to the local registrar along with any applications and fees received by the same. In the event the certificate meets all requirements the court clerk shall issue certified copies of the original certificate of death to the funeral director or person acting as such only at the time of presentation of the original certificate of death, application for certified copies and payment of the prescribed fee. The court clerk shall immediately thereafter forward the original certificate of death, applications and fees for the same to the State Registrar of Vital Statistics where the original certificate of death will be placed on permanent file. These shall be forwarded not later than the next working day by the court clerk. No copy of the certificate of death shall be filed or retained by the court clerk.  (4) maintain such records, make such reports, and perform such other duties as may be required by the Commissioner.  (b) In accordance with regulations issued hereunder, a deputy local registrar shall perform the duties of the local registrar in the absence or incapacity of such local registrar, and shall perform such other duties as may be prescribed.    Laws 1963, c. 325, art. 3, • 307; Laws 1978, c. 110, • 1, operative Oct. 1, 1978.   •631308. Compensation of local registrar.  (a) Each local registrar shall be paid a sum to be determined by the State Commissioner of Health, for each certificate of birth, death, or fetal death filed with him and transmitted to the Commissioner in accordance with the rules and regulations issued hereunder.  (b) If no birth, death, or fetal death is registered by him during any calendar month, the local registrar shall report such fact to the Commissioner and be paid a sum to be determined by the Commissioner.    Amended by Laws 1988, c. 36, • 1, emerg. eff. March 21, 1988.   •631309. When fees payable.  Fees payable to local registrars shall be paid monthly on claims approved by the State Commissioner of Health.    Laws 1963, c. 325, art. 3, • 309.   •631310. 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.  A. A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar of the district in which the birth occurs, within seven (7) days after the birth; provided, that when a birth occurs on a moving conveyance, a birth certificate shall be filed in the district in which the child was first removed from the conveyance.  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, secure the signatures required by the certificate and file the certificate with the local registrar. 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 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.  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.    •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,  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.    •631312. 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 State Commissioner of Health within seven (7) days to the local registrar of the district in which the child was found, 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) name given to the child by the custodian.  (5) 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.    Laws 1963, c. 325, art. 3, • 312.   •631313. 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.   •631314. 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.    Laws 1963, c. 325, art. 3, • 314.   •631315. 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.   •631316. 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 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.  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.    •63-1-316a. Heirloom birth certificates.  A. By November 1, 2001, the State Department of Health shall provide for the issuance of an heirloom birth certificate. The Department shall design the form of the heirloom birth certificate with the advice and assistance of the Oklahoma Arts Council and may promote and sell copies of the certificate. An heirloom birth certificate may contain the same information as, and may have the same effect of, a certified copy of the birth record.  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 Child Abuse Training and Coordination Program within the State Department of Health to provide training and technical assistance to judges, prosecutors, and members of multidisciplinary child abuse teams who intervene in circumstances of child abuse; provided, the Department may retain an amount not to exceed Ten Dollars ($10.00) from the fee to cover the cost of a standard birth certificate.  Added by Laws 2001, c. 142, • 1, emerg. eff. April 30, 2001.    •631317. Death certificate Filing Contents.  (a) A death certificate for each death which occurs in this state shall be filed with the local registrar of the district in which the death occurred, within three (3) days after such death and prior to burial or removal of the body; provided that,  (1) if the place of death is unknown, a death certificate shall be filed in the registration district in which a dead body is found, within three (3) days after such occurrence; and  (2) if death occurs in a moving conveyance, a death certificate shall be filed in the registration district in which the dead body was first removed from such conveyance.  (b) The funeral director or person acting as such who first assumes custody of a dead body shall file the death certificate. 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 the attending physician or the medical examiner responsible for completing the medical certification portion of the certificate of death within twentyfour (24) hours after the death.  (c) The medical certification shall be completed and signed within fortyeight (48) hours after death by the physician in charge 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.  (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 fortyeight (48) hours after death by the physician in attendance at the time of death, except 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.    Laws 1963, c. 325, art. 3, • 317; Laws 1978, c. 110, • 2, operative Oct. 1, 1978; Laws 1979, c. 110, • 1, emerg. eff. April 25, 1979.   •631318. Fetal death certificate Filing Contents.  (a) A fetal death certificate for each fetal death which occurs in this state shall be filed with the local registrar of the district in which the delivery occurred, within three (3) days after such delivery and prior to removal of the fetus, and shall be registered with such registrar if it has been completed and filed in accordance with this section; provided that,  (1) if the place of fetal death is unknown, a fetal death certificate shall be filed in the registration district in which a dead fetus was found, within three (3) days after the occurrence; and  (2) if a fetal death occurs on a moving conveyance, a fetal death certificate shall be filed in the registration district in which the fetus was first removed from such conveyance.  (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 twentyfour (24) hours after delivery.  (c) The medical certification shall be completed and signed within fortyeight (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.    Laws 1963, c. 325, art. 3, • 318; Laws 1978, c. 110, • 3, operative Oct. 1, 1978.   •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.    •631319. Burial permit.  A. A burial transit permit issued under the laws of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state.  No person in charge of any premises on which interments are made shall inter or permit the interment of any dead body or fetus unless it is accompanied by such burial transit permit.  B. A permit for disinterment and reinterment 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 Commissioner of Health to a licensed funeral director, embalmer, or other person acting as such, upon proper application.    Amended by Laws 1988, c. 36, • 2, emerg. eff. March 21, 1988.   •631320. Extension of time to file certificate.  The State Commissioner of Health may extend the periods prescribed in Sections 1317 and 1318 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.   •631321. 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.  (c) Upon receipt of a certified copy of a court order 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.  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.    •631322. Copies of records Certification.  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, Sec. 322.    Laws 1963, c. 325, art. 3, • 322.   •63-1-323. Vital statistics records confidential - Exceptions.  A. To protect the integrity of vital statistics records, to insure their proper use, and to insure 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 the person who is the subject of the record or in such person's interest unless ordered to do so by a court of competent jurisdiction; provided, however, that death certificates shall be issued upon request and the payment of applicable fees as provided in Section 1-325 of this Code.  B. The State Commissioner of Health may authorize the disclosure of data contained in vital statistics records for research purposes.  C. 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 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.  D. 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.  E. Information in vital statistics records indicating that a birth occurred out of wedlock shall not be disclosed except as provided by rule or upon order of a court of competent jurisdiction.  F. 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.  G. 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.  H. 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.    •631323.1. 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.   •631324. 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 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. 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; or  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.  B. Except as otherwise provided in subsection C 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 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 Ten Thousand Dollars ($10,000.00) or imprisonment in the State Penitentiary for a term of not more than two (2) years, or by both such fine and imprisonment.  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.    •631325. 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, 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 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.  Laws 1963, c. 325, art. 3, Sec. 325, Laws 1968, c. 184, Sec. 1; Laws 1970, c. 67, Sec. 1. Emer. Eff. March 17, 1970.    Laws 1963, c. 325, art. 3, • 325; Laws 1968, c. 184, • 1; Laws 1970, c. 67, • 1, emerg. eff. March 17, 1970.   •631326. 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, Sec. 326.    Laws 1963, c. 325, art. 3, • 326.   •631327. 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, Sec. 327.    Laws 1963, c. 325, art. 3, • 327.   •63-1-328. Renumbered as • 396.29 of Title 59 by Laws 2003, c. 57, • 31, emerg. eff. April 10, 2003.  •631329.1. 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 applicationpermit form for such procedure provided by the Office of the Chief Medical Examiner. The Office of the Chief Medical Examiner shall charge a fee of One Hundred Dollars ($100.00) for each cremation permit issued. The Medical Examiner shall be notified, as required in Section 938 of this title. He 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 applicationpermit form and the original death certificate shall be filed with the local registrar of vital statistics of the registration district in which the death occurred or was pronounced. The original applicationpermit form shall be filed by the funeral director with the Office of the Chief Medical Examiner. Such filing shall occur or be postmarked within fortyeight (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.  Laws 1978, c. 114, • 2, eff. Jan. 1, 1979; Laws 1993, c. 269, • 18, eff. Sept. 1, 1993.    •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.  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 Xray 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.    •631405. 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.  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.    •631501. 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.   •631502. 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. Laws 1963 C. 325, Art. 5, Sec. 502.    Laws 1963, c. 325, art. 5, • 502.   •631502.1. Communicable diseases Universal precautions Rules and regulations Risk exposure.  A. All agencies and organizations that regularly employ emergency medical technicians, paramedics, fire fighters, 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 mentally retarded treatment or evaluation programs that employ persons involved with providing care for patients, the J.D. McCarty Center for Children with Developmental 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 Board of Health shall promulgate rules and guidelines that will implement a system of notification of emergency medical technicians, paramedics, fire fighters, health care workers, funeral directors and peace officers relating to risk exposures during health care activities, emergency response activities or funeral preparations. Risk exposure shall be defined by the State Board of Health to be exposure that is epidemiologically demonstrated to have the potential for transmitting a communicable disease.  C. The Mental Health Board, Commission for 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.    •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 which identify 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 1501 through 1532.1 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 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;  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 wellbeing 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 1501 through 1532.1 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 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. This exception shall not authorize the release of confidential information by a state agency to a health care provider unless such release is otherwise authorized by this section; 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 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. Releases granted pursuant to paragraph 2 of subsection A of this section shall include a notice in bold typeface that the information authorized for release may include records which may indicate the presence of a communicable or noncommunicable disease. 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  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, 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.    •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  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.    •631503. 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 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.    •631505. 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, Sec. 505.    Laws 1963, c. 325, art. 5, • 505.   •631506. 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, Sec. 506.    Laws 1963, c. 325, art. 5, • 506.   •631507. 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, Sec. 507.    Laws 1963, c. 325, art. 5, • 507.   •631508. 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.  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.    •631509. 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.   •631510. Report of inflammation of eyes.  It shall be the duty of any physician, surgeon, obstetrician, manager or person in charge of a maternity home or hospital or other public or private institution in the State of Oklahoma, parent, relative and persons attendant on or assisting in any way whatsoever any infant, or the mother of any infant, at childbirth or any time within twentyfour (24) hours after childbirth, knowing that there exists the condition referred to in the preceding section, to report within six (6) hours and confirm such fact in writing within three (3) days to the local health officer serving the county in which the infant or its mother resides, who shall immediately give to the parents or persons having charge of such infant a warning of the dangers to the eye or eyes of the infant. Laws 1963 C. 325, Art. 5, Sec. 510.    Laws 1963, c. 325, art. 5, • 510.   •631511. Treatment for inflammation of eyes.  It shall be unlawful for any physician, osteopath, chiropractor, or other person attendant upon the birth of a child to fail to instill immediately upon its birth, in both eyes of the newborn child, a one percent (1%) solution of nitrate of silver; provided, that the State Board of Health shall have authority to approve the use of antiseptics, other than nitrate of silver, for use in the eyes of newborn children, and to prescribe the manner of their use. Should a physician or a parent of a child deem it best for the interests of the child not to use any prophylactic, he shall not be required to do so provided that he states fully, in writing, to the local health officer, within three (3) days from the birth of the child, the reason for not doing so.    Laws 1963, c. 325, art. 5, • 511.   •631512. Report of treatment.  Every physician or other person making a report of a birth shall state in the report whether or not an antiseptic was instilled into the eyes of the infant, and the type of antiseptic used. Laws 1963 C. 325, Art. 5, Sec. 512.    Laws 1963, c. 325, art. 5, • 512.   •631513. Investigation after report.  It shall be the duty of every local health officer:  (a) to investigate, or have investigated, each case of reported ophthalmia neonatorum as shall have been filed with him in pursuance of law, and such other cases as may be brought to his attention.  (b) to report to the State Board of Health all cases of inflammation of the eyes of the newborn, and the result of all such investigations, in such form as the board may prescribe.  (c) to conform to such other rules and regulations as the Board shall designate and promulgate for its further guidance. Laws 1963 C. 325, Art. 5, Sec. 513.    Laws 1963, c. 325, art. 5, • 513.   •631514. Religious belief Exemption.  Nothing in the five preceding sections shall be construed to compel persons or parents to conform thereto who have religious beliefs contrary to the use of medicines. Laws 1963 C. 325, Art. 5, Sec. 514.    Laws 1963, c. 325, art. 5, • 514.   •631515. 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, Sec. 515.    Laws 1963, c. 325, art. 5, • 515.   •631516. 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, Sec. 516.    Laws 1963, c. 325, art. 5, • 516.   •631516.1. 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, Sec. 516.1.    Laws 1963, c. 325, art. 5, • 516.1.   •631517. Definitions.  For the purposes of the following sections of this article:  (a) The term "venereal disease" means syphilis, gonorrhea, chancroid, granuloma inguinale, lymphogranuloma venereum and any other disease which may be transmitted from any person to any other person through or by means of sexual intercourse and found and declared by medical science or accredited schools of medicine to be infectious or contagious; and is hereby declared to be communicable and dangerous to the public health.  (b) The term "infected person" means any individual, either sex, who may be carrying the organism or is afflicted with any venereal disease.  (c) The term "dealer" means any person who may handle, for sale, any medicinal remedies or supposed remedies for venereal diseases, 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 otherwise, any venereal disease, and his 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.    Laws 1963, c. 325, art. 5, • 517.   •631518. 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. Laws 1963 C. 325, Art. 5, Sec. 518.    Laws 1963, c. 325, art. 5, • 518.   •63-1-519. Diseased persons - Marriage or sexual intercourse.  It shall be unlawful and a felony for any person, after becoming an infected person and before being discharged and pronounced cured by a physician in writing, to marry any other person, or to expose any other person by the act of copulation or sexual intercourse to such venereal disease or to liability to contract the venereal disease.  Added by Laws 1963, c. 325, art. 5, • 519. Amended by Laws 1997, c. 133, • 522, eff. July 1, 1999.    NOTE: Laws 1998, 1st Ex.Sess., c. 2, • 23 amended the effective date of Laws 1997, c. 133, • 522 from July 1, 1998, to July 1, 1999.    •631520. 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 venereal disease, shall be guilty of a misdemeanor. Provided, however, that no person who is infected with a venereal disease but who has received treatment adequate to render him noninfectious shall be denied a permit to work, because of his infection, in those categories of employment where permits to work are required by state law or local ordinance. Laws 1963 C. 325, Art. 5, Sec. 520.    Laws 1963, c. 325, art. 5, • 520.   •631521. 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, Sec. 521.    Laws 1963, c. 325, art. 5, • 521.   •631522. 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 venereal diseases, before requiring such person to produce and file with such dealer a proper 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 his receiving the same, and subject, at all reasonable hours, to the inspection of the State Commissioner of Health or local health officer. Laws 1963 C. 325, Art. 5, Sec. 522.    Laws 1963, c. 325, art. 5, • 522.   •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 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 venereal disease 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 2 of this act, for the purpose of determining if they are infected with a venereal disease 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 venereal disease 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 venereal disease 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.  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.    •63-1-524.1. Examination of certain arrested persons for venereal disease 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 venereal 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 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 venereal disease 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. 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 venereal disease 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.  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 venereal diseases. 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 venereal diseases.  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, and syphilis, and cultures or smears for gonorrhea and 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 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 venereal disease, 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 venereal disease 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.    •631525. 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 venereal 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 venereal 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.  Laws 1963, c. 325, art. 5, • 525; Laws 1991, c. 200, • 7, eff. Sept. 1, 1991; Laws 1991, c. 307, • 6, eff. Sept. 1, 1991.    •631526. 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 venereal diseases, which it deems necessary for the control of venereal diseases. Laws 1963 C. 325, Art. 5, Sec. 526.    Laws 1963, c. 325, art. 5, • 526.   •631527. Reports of venereal disease.  Any physician who makes a diagnosis or treats a case of venereal disease, and every superintendent or manager of a hospital, dispensary or charitable or penal institution in which there is a case of venereal disease, shall report such case immediately, in writing, to the State Commissioner of Health, or the local health officer, in the same manner as other communicable diseases are reported, in forms to be prescribed and furnished by the Commissioner. Laws 1963 C. 325, Art. 5, Sec. 527.    Laws 1963, c. 325, art. 5, • 527.   •631528. Venereal disease cases Instructions Notification.  (a) It shall be the duty of every physician who examines or treats a person having a venereal disease to instruct him 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 venereal disease is so conducting himself as to expose other persons to infection, or is about to so conduct himself, he shall notify the local health officer of the name and address of the diseased person and the essential facts in the case. Laws 1963 C. 325, Art. 5, Sec. 528.    Laws 1963, c. 325, art. 5, • 528.   •631529. Investigations by health officers.  All local health officers shall use every available means to ascertain the existence of, and to investigate all cases of, venereal disease 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 venereal infection. Laws 1963 C. 325, Art. 5, Sec. 529.    Laws 1963, c. 325, art. 5, • 529.   •631530. Protection against spread of disease.  (a) Upon receipt of a report of a case of venereal disease, the local health officer shall institute measures, which may include quarantine, for protection of other persons from infection by such venereally diseased person.  (b) The State Board of Health shall adopt rules and regulations for the quarantine of persons infected with a venereal disease, to prevent the spread of venereal disease.  (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. Laws 1963 C. 325, Art. 5, Sec. 530.    Laws 1963, c. 325, art. 5, • 530.   •631531. Certificates of freedom from disease.  It shall be unlawful for physicians, health officers, and other persons to issue certificates of freedom from venereal disease, except as authorized by law and the rules and regulations of the State Board of Health. Laws 1963 C. 325, Art. 5, Sec. 531.    Laws 1963, c. 325, art. 5, • 531.   •631532. Publicity of information and reports.  All information and reports concerning persons infected with venereal diseases shall be inaccessible to the public, except insofar as publicity may attend the performance of duties imposed by the laws of the state. Laws 1963 C. 325, Art. 5, Sec. 532.    Laws 1963, c. 325, art. 5, • 532.   •631532.1. Minor's consent to examination and treatment for venereal disease.  Any person, regardless of age, has the capacity to consent to examination and treatment by a licensed physician for any venereal disease. Laws 1971, c. 18, Section 1. Emerg. eff. March 16, 1971.    Laws 1971, c. 18, • 1, emerg. eff. March 16, 1971.   •63-1-533. Phenylketonuria, related inborn metabolic disorders and other genetic or biochemical disorders - Educational and newborn screening programs.  A. The State Board 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 mental retardation 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 mental retardation (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 State Board of Health 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.    •631534. 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 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, Sec. 2.    Laws 1965, c. 252, • 2.   •63-1-534.1. State Plan for the Prevention and Treatment of AIDS - Lead agency - Submission to Legislature - Preparation - Annual review and report.  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.  D. The State Plan for the Prevention and Treatment of AIDS shall be reviewed annually by the entities responsible for the preparation of the plan and modified as necessary and appropriate. On or before October 1 of each year the State Department of Health shall prepare a report of the annual review, including any modifications to the State Plan and any recommendations for the continued development of programs and services for the prevention and treatment of AIDS. The annual report shall be submitted and made available in the same manner as the State Plan, as provided in subsection B of this section.  Added by Laws 1993, c. 201, • 1, eff. Sept. 1, 1993.    •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;  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:  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 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.  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:  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 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.    •631540. Information campaign on DES.  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 DESexposed persons in existing comprehensive screening units.    Laws 1980, c. 73, • 1, emerg. eff. April 14, 1980.   •631541. 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 followup care and treatment of longterm 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.   •631542. 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.  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.    •631544. 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.   •631545. 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."  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 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.    •631550.1. 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. "ICD9CM diagnostic code categories" means the International Classification of Disease which assigns numbers to each of the congenital anomalies; 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.   •631550.2. 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 ICD9CM diagnostic code categories 740 through 759.9 or such other information as the Commissioner deems appropriate, and all women discharged with a diagnosis of stillbirth or miscarriage. 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 system shall be implemented statewide.  E. 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, timerelated or occupational associations, as well as investigations of past exposure to potentially harmful substances.  F. The Commissioner may appoint an advisory committee of health professionals who shall advise on the implementation of this section. Advisory committee members shall serve without compensation.  G. If the Commissioner finds it is necessary to collect information from sources other than general acute care hospitals, the Commissioner shall first submit for approval to the advisory committee a proposal stating the need for such information.  H. 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 approved by the advisory committee 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.  I. 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.  J. 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.  K. 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.  L. 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.    •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 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.    •631551.1. Tumor registry.  A. The State Commissioner of Health shall establish and maintain an uptodate 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 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, may require any hospital, clinic, laboratory, pathologist, physician or dentist, or any facility providing diagnostic or treatment services, 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 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 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 physicianpatient and the psychotherapistpatient privilege.  D. 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.  E. The State Board of Health is empowered to adopt reasonable regulations to carry out the provisions of this act.  F. 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.   •631552. 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, 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.    •63-1-554. 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. Oklahoma Breast and Cervical Cancer Prevention and Treatment Advisory Committee.  A. There is hereby created the “Oklahoma Breast and Cervical Cancer Prevention and Treatment Advisory Committee”, hereinafter referred to as the Advisory Committee, within the State Department of Health. The Committee shall be advisory to the Department and shall consist of twenty (20) members who shall be appointed as follows:  1. Four members appointed by the Governor, of whom at least two shall represent organizations which are, at the time of the appointment, advocating statewide for enhanced prevention, early detection and treatment of breast or cervical cancer in Oklahoma;  2. Four members appointed by the Speaker of the House of Representatives, of whom at least two shall be breast and cervical cancer survivors and one shall be a medical director of a women’s health center in Oklahoma;  3. Four members appointed by the President Pro Tempore of the Senate, of whom at least two shall be family members of a person who has died of breast or cervical cancer or conditions related to breast cancer and one shall be a medical director of a women’s health center in Oklahoma;  4. The State Commissioner of Health shall appoint four members, including a state epidemiologist and/or a Department official, who shall be appointed for their outstanding contributions in breast or cervical cancer treatment, research, prevention, or advocacy in Oklahoma;   5. Two female legislators, one appointed by the Speaker of the House of Representatives and one appointed by the President Pro Tempore of the Senate; and  6. Two members from the Oklahoma Health Care Authority appointed by the Administrator of the Oklahoma Health Care Authority.  B. Appointments to the Advisory Committee shall be made to provide the Advisory Committee with a geographically, economically, and ethnically diverse composition. Associations and advocacy groups such as a national cancer society, a national association of obstetrics and gynecology, a national academy of family physicians, a national academy of pediatrics, and a representative from a women’s health organization, may provide appointing authorities with lists from which they may select appointments.  C. Appointments to the Advisory Committee shall be completed no later than thirty (30) days after the adjournment of the 2nd Session of the 49th Legislature. A vacancy on the Advisory Committee shall be filled by the original appointing authority in the same manner that the position was originally filled.  D. The State Commissioner of Health shall appoint a chair of the Advisory Committee who shall be a participant in a community-based women’s cancer organization. The chair shall convene the first meeting of the Advisory Committee within ninety (90) days after adjournment of the 2nd Session of the 49th Legislature.  E. Members of the Advisory Committee shall serve two-year terms and may be reappointed. The Advisory Committee shall elect from among its members a vice-chair and any other officers that the Advisory Committee determines are necessary.  F. The Advisory Committee shall meet at least quarterly each year and may meet more frequently at the call of the chair.  G. The Advisory Committee may appoint subcommittees and non-Advisory Committee members to serve as resources on such subcommittees as the Advisory Committee deems necessary for the purpose of undertaking special studies that are supplemental to the duties of the Advisory Committee. Subcommittees may meet with the frequency needed to accomplish the purposes of this section and shall report relevant finding and recommendations to the Advisory Committee as necessary.  H. Members of the Advisory Committee shall not receive a salary for duties performed for the Advisory Committee. Reimbursement for necessary travel expenses incurred in the performance of their official duties as members of the Advisory Committee shall be made in accordance with the provisions of the State Travel Reimbursement Act for nonlegislative members. Legislative members shall be reimbursed as provided by Section 456 of Title 74 of the Oklahoma Statutes.  I. For purposes of determining a quorum for the Advisory Committee, a majority of members serving shall be required.  J. The State Department of Health shall provide staff assistance for the Advisory Committee.  K. In the event a duly appointed member fails to attend two consecutive meetings in a calendar year, the position to which the member has been appointed shall be considered vacant and the appropriate appointing authority, as specified in subsection A of this section, shall make the necessary appointment to fill the vacancy for the unexpired term. A member who is removed from the Advisory Committee pursuant to the provisions of this section may be reappointed.  Added by Laws 1994, c. 288, • 3, eff. July 1, 1994. Amended by Laws 1998, c. 210, • 3, eff. July 1, 1998. Renumbered from • 5060.9b of Title 74 by Laws 1998, c. 210, • 9, eff. July 1, 1998. Amended by Laws 2001, c. 411, • 1, eff. Nov. 1, 2001; Laws 2004, c. 219, • 2, emerg. eff. May 4, 2004; Laws 2006, c. 25, • 1, eff. Nov. 1, 2006.    •63-1-556. Contract review and recommendation.  A. The Oklahoma Breast and Cervical Cancer Prevention and Treatment Advisory Committee 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:  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 Oklahoma Breast and Cervical Cancer Prevention and Treatment Advisory Committee 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.  D. The Advisory Committee shall evaluate the prospective termination or continuation of its ongoing duties on October 1, 2008, or upon submission of the Advisory Committee’s final report to the Governor, the State Commissioner of Health, and the 1st Session of the 51st Oklahoma Legislature, whichever occurs earlier. 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.    •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, after consideration of the recommendations from the Oklahoma Breast and Cervical Cancer Prevention and Treatment Advisory Committee, 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 State Finance for approval and payment.  B. 1. All proposals to expend monies from the Breast Cancer Act Revolving Fund shall have been reviewed by the Oklahoma Breast and Cervical Cancer Prevention and Treatment Advisory Committee, and the Advisory Committee shall advise the Commissioner on the proposed use of monies from the fund.  2. The Advisory Committee shall subject all research projects awarded using monies from the fund to peer review.  C. Monies in the Breast and Cervical Cancer Act Revolving Fund may be expended by the State Department of Health, subject to review by the Oklahoma Breast and Cervical Cancer Prevention and Treatment Advisory Committee, 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.    •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 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 State Finance for approval and payment.  Added by Laws 2004, c. 297, • 1, eff. Nov. 1, 2004.  •63-1-559.1. Task Force on the Promotion of Children's Health.  A. There is hereby created, to continue until December 31, 2005, the Task Force on the Promotion of Children’s Health.  B. The task force shall consist of twenty-five (25) members as follows:  1. The President Pro Tempore of the Senate shall appoint eight members as follows:  a.  one member of the Senate Human Resources Committee,  b.  one member of the Senate Appropriations Subcommittee on Health and Human Services,  c.  a representative from the Women, Infants and Children (WIC) Program within the State Department of Health,   d.  a college professor in the area of allied nutrition,  e.  a representative of the State Department of Education Health, Safety and Physical Education section,  f.  a pediatrician of African-American descent,  g.  a representative from the Child and Adolescent Health Division within the State Department of Health, and  h.  a representative of the Oklahoma Health Care Authority;  2. The Speaker of the House of Representatives shall appoint eight members as follows:  a.  one member of the Oklahoma House of Representatives Human Services Committee,  b.  one member of the Oklahoma House of Representatives Mental Health Committee,  c.  a representative from an urban Indian health clinic,  d.  a pediatric endocrinologist,  e.  a child advocate representing Asian children,  f.  a representative from the Department of Mental Health and Substance Abuse Services,  g.  the adolescent health program coordinator for the State Department of Health, and  h.  a representative of a statewide parent-teacher organization; and  3. The Governor shall appoint nine members as follows:  a.  a Doctor of Pharmacy,  b.  a physical therapist or exercise therapist,  c.  a child advocate representing Hispanic children,   d.  a school counselor,   e.  a local representative from a nationally recognized organization representing grocery manufacturers,  f.  a local representative from a nationally recognized organization representing soft drink manufacturers,  g.  a representative from the Governor’s Council on Physical Fitness and Sports,  h.  the project director of Schools for Healthy Lifestyles, and  i.  the president of the Oklahoma Association of Health, Physical Education, Recreation and Dance (OAHPERD).  C. 1. Members shall serve at the pleasure of their appointing authorities. A vacancy on the task force shall be filled by the original appointing authority.  2. Appointments to the task force shall be made upon the effective date of this act.  3. A majority of the members of the task force shall constitute a quorum. A majority of the members present at a meeting may act for the task force.  4. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair from among the members of the task force.  5. The cochairs of the task force shall convene the meetings of the task force and shall determine a schedule of meetings each year. The task force shall meet at least quarterly.  6. Proceedings of all meetings of the task force shall comply with the provisions of the Oklahoma Open Meeting Act.  7. The task force may divide into subcommittees in furtherance of its purpose.  D. 1. Staff of the Health, Safety and Physical Education section within the State Department of Education and the Maternal and Child Health Division within the State Department of Health shall serve as primary resource staff for the task force. Appropriate personnel from the Oklahoma Health Care Authority and the Department of Mental Health and Substance Abuse Services shall also assist with the work of the task force.  2. The task force may use the expertise and services of the staffs of the State Senate and the Oklahoma House of Representatives and may, as necessary, seek the advice and services of experts in the field as well as other necessary professional and clerical staff.  E. All departments, officers, agencies, and employees of this state shall cooperate with the task force in fulfilling its duties and responsibilities including, but not limited to, providing any information, records, or reports requested by the task force.  F. Members of the task force shall receive no compensation for their service, but shall receive travel reimbursement as follows:  1. Legislative members of the task force shall be reimbursed for necessary travel expenses incurred in the performance of their duties in accordance with the provisions of Section 456 of Title 74 of the Oklahoma Statutes; and  2. Nonlegislative members of the task force shall be reimbursed by their appointing authorities or respective agencies for necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.  G. It shall be the duty of the task force to formulate recommendations related to children’s health for the State of Oklahoma.  H. The task force shall publish a report of its findings and recommendations, including recommendations for any resulting legislation.  Added by Laws 2002, c. 206, • 1. Amended by Laws 2003, c. 194, • 1, emerg. eff. May 7, 2003.    •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:  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. Oklahoma Task Force to Eliminate Health Disparities.  A. There is hereby created to continue until July 1, 2006, the Oklahoma Task Force to Eliminate Health Disparities.  B. 1. The purpose of the Task Force shall be to assist the State Department of Health in accomplishing the following goals:  a.  eliminating health and health access disparities in Oklahoma among multicultural, disadvantaged and regional populations, and  b.  developing strategies in the elimination of health disparities among multicultural, disadvantaged and regional populations in the areas of cardiovascular disease, infant mortality, diabetes, cancer, adult and child immunizations, mental illness and substance abuse.  2. The Task Force shall:  a.  investigate and report on issues related to disparities in health and health access among multicultural, disadvantaged and regional populations. Such issues may include the definition of health disparities, insurance, transportation, geographic isolation and rural area availability of health care providers, cultural competency of providers, severity of poverty among multicultural groups, education as it relates to health, and behaviors that lead to poor health status,  b.  recommend short-term and long-term strategies to eliminate health and health access disparities among multicultural, disadvantaged and regional populations,  c.  publish a report on the findings of the Task Force, and  d.  advise the Department on the implementation of any targeted programs or funding authorized by the Legislature to address health and health access disparities.  3. In performing the duties described in this subsection, the Task Force shall consult with the Department, the Office of Minority Health, the Community Development Service, and any other relevant division within or outside of the Department, the Department of Mental Health and Substance Abuse Services, and other state and local government agencies.  C. 1. The Task Force shall consist of fifteen (15) members to be appointed as follows:  a.  The Governor shall appoint three members, one each representing faith-based communities, the business community and the labor community,  b.  The President Pro Tempore of the Senate shall appoint three members, one each representing the Legislature, charitable or community organizations, and a racial or ethnic group affected by health disparities,  c.  The Speaker of the House of Representatives shall appoint three members, one each representing the Legislature, charitable or community organizations, and a racial or ethnic group affected by health disparities,  d.  The State Commissioner of Health shall appoint three members, one each representing community-based health organizations, the government, and health care organizations, and  e.  The Commissioner of the Department of Mental Health and Substance Abuse Services shall appoint, by July 1, 2004, three members with expertise in the treatment of mental illness and substance abuse disorders.  2. In making appointments, the appointing authorities shall give consideration to appointing individuals from both urban and rural geographic areas of the state.  D. 1. The Governor shall designate two members of the Task Force to serve as chair and vice-chair.  2. Members shall serve at the pleasure of their appointing authorities. Vacancies on the Task Force shall be filled not later than the ninetieth day after the date a position becomes vacant. A majority of the members serving on the Task Force shall constitute a quorum.  3. The Task Force shall meet at least quarterly at the call of the chair. The chair of the Task Force shall convene the first meeting of the Task Force not later than September 1, 2003.  4. Members of the Task Force shall be reimbursed by their appointing authorities for necessary travel expenses incurred in the performance of their duties in accordance with the provisions of the State Travel Reimbursement Act.  5. Staff support and facilities for the Task Force shall be provided by the State Department of Health.  E. The Task Force shall annually submit a report on the progress of the State Department of Health and the Department of Mental Health and Substance Abuse Services in achieving the goals outlined in this section.  Added by Laws 2003, c. 391, • 1. Amended by Laws 2004, c. 192, • 1, emerg. eff. May 4, 2004.    •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.    •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  (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, as promulgated by the State Board of Health pursuant to recommendations of the Genetic Counseling Advisory Committee;  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.  Added by Laws 2006, c. 174, • 4, eff. Nov. 1, 2006.    •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;  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, pursuant to recommendations from the Genetics Counseling Advisory Committee, 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.    •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.  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, pursuant to recommendations from the Genetic Counseling Advisory Committee, 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; and  4. 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.    •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 State Finance 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.    •631604. 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 Public Affairs 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.    Amended by Laws 1983, c. 304, • 62, eff. July 1, 1983.   •631605. 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. Laws 1973, c. 16, Section 2. Emerg. eff. March 16, 1973.    Laws 1973, c. 16, • 2, emerg. eff. March 16, 1973.   •631606. 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. Laws 1973, c. 16, Section 3. Emerg. eff. March 16, 1973.    Laws 1973, c. 16, • 3, emerg. eff. March 16, 1973.   •631701. 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;  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, lowrisk 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, 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.    •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.    •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.    •631703. 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 twentyone (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.  Laws    Laws 1963, c. 325, art. 7, • 703.   •631704. 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 twentyfour (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 twelvemonth 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.  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 communitybased 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 "communitybased 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.    •631706. 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.    •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.  A. 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;  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.  B. Equipment, protocols and educational guidelines developed pursuant to paragraphs 3, 4 and 5 of subsection A of this section shall be submitted to the State Department of Health Emergency Medical Services Advisory Council prior to action by the State Department of Health.  Added by Laws 1995, c. 194, • 3, eff. Nov. 1, 1995.    •631707. Rules and standards – Oklahoma Hospital Advisory.  A. The State Board of Health, upon the recommendation of the State Commissioner of Health and with the advice of the Oklahoma Hospital Advisory Council, shall promulgate rules and standards as it 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. Said 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  13. Other items as may be deemed necessary to carry out the purposes of this article.  B. 1. The State Board of Health, upon the recommendation of the State Commissioner of Health and with the advice of the Oklahoma Hospital Advisory Council and the State Board of Pharmacy, shall promulgate rules and standards as it 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 Board, the Commissioner and 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, to include:  (a)  Agency for Healthcare Research and Quality (AHRQ) Patient Safety Indicators Available as part of the standard inpatient discharge data set, and  (b)  for acute care intensive care unit patients, ventilator-associated pneumonia and device-related blood stream infections, and  (2)  the indicators and data to be used by the Department to monitor compliance with licensure requirements, and  d.  to publish an annual report of hospital performance to include the facility specific quality indicators required by this section.  D. 1. The Advisory Council shall be composed of nine (9) members appointed by the Commissioner with the advice and consent of the Board. 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 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.    •631707a. 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.  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.    •631709. 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.  •631711. 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, Sec. 711, Laws 1965 C. 36, Sec. 2. Emer. Eff. March 8, 1965.    Laws 1963, c. 325, art. 7, • 711; Laws 1965, c. 36, • 2, emerg. eff. March 8, 1965.   •63-1-712. Repealed by Laws 1999, c. 93, • 10, eff. Nov. 1, 1999.  •631713. 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 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.  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.  •631719. 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 threefifths (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, Sec. 719, Laws 1965 C. 36, Sec. 9; Laws 1970 C. 286, Sec. 10. Emer. Eff. April 27, 1970.    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.  •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 State Finance for approval and payment.   Added by Laws 2005, c. 253, • 1, eff. July 1, 2005.    •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;  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. Short title.  This act shall be known and may be cited as the “Freedom of Conscience Act".  Added by Laws 2008, c. 36, • 1, eff. Nov. 1, 2008.    •63-1-728.1. 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 2008, c. 36, • 2, eff. Nov. 1, 2008.    •63-1-728.2. Reasonable accommodation of religious observances or practices.  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 2008, c. 36, • 3, eff. Nov. 1, 2008.    •63-1-728.3. Health care facilities, professionals or employees - Refusal to participate in specified acts - Discipline prohibited - 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 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 2008, c. 36, • 4, eff. Nov. 1, 2008.    •63-1-728.4. Refusal to participate in specified acts - Discrimination, mandatory participation prohibited.  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 2008, c. 36, • 5, eff. Nov. 1, 2008.    •63-1-728.5. Action for equitable relief - Attorney fees - Limitation.  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.  Added by Laws 2008, c. 36, • 6, eff. Nov. 1, 2008.    •63-1-729. Sale or distribution of RU-486, mifepristone - Requirements - Reports on adverse reactions - Exceptions - Civil or criminal liability.  A. As used in this section:  1. “Federal law” means any law, rule, or regulation of the United States or any drug approval letter of the United States Food and Drug Administration that governs or regulates the use of RU-486, mifepristone, for the purpose of inducing abortions;  2. “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person; and  3. “Physician” means a doctor of medicine or osteopathy legally authorized to practice medicine in this state.  B. No person shall knowingly give, sell, dispense, administer, prescribe or otherwise provide RU-486, also known as mifepristone, for the purpose of inducing an abortion in a pregnant female, unless the person who gives, sells, dispenses, administers, prescribes or otherwise provides the RU-486, mifepristone, is a physician who satisfies all the criteria established by federal law that a physician must satisfy in order to provide RU-486, mifepristone, for inducing abortions.  C. No physician who provides RU-486, mifepristone, for the purpose of inducing an abortion shall knowingly fail to comply with the applicable requirements of any federal law that pertain to follow-up examinations or care for any female for whom RU-486, mifepristone, is provided for the purpose of inducing an abortion.  D. 1. If a physician provides RU-486, mifepristone, for the purpose of inducing an abortion and if the physician knows that the female who uses the RU-486, mifepristone, for the purpose of inducing an abortion experiences during or after the use of RU-486, mifepristone, an incomplete abortion, severe bleeding, or an adverse reaction to the RU-486, mifepristone, or is hospitalized, receives a transfusion, or experiences any other serious event, the physician shall promptly provide a written report of the incomplete abortion, severe bleeding, adverse reaction, hospitalization, transfusion, or serious event to the State Board of Medical Licensure and Supervision or State Board of Osteopathic Examiners. The Board shall compile and retain all reports it receives pursuant to this subsection. Except as otherwise provided in this subsection, all reports the Board receives under this subsection are public records open to inspection pursuant to the Oklahoma Open Records Act; however, the Board shall not release the name or any other personal identifying information regarding a person who uses or provides RU-486, mifepristone, for the purpose of inducing an abortion and who is the subject of a report the Board receives under this subsection.  2. No physician who provides RU-486, mifepristone, to a pregnant female for the purpose of inducing an abortion as authorized under subsection B of this section shall knowingly fail to file a report required under paragraph 1 of this subsection.  E. Subsection B of this section shall not apply to any of the following:  1. A pregnant female who obtains or possesses RU-486, mifepristone, for the purpose of inducing an abortion to terminate her own pregnancy;  2. The legal transport of RU-486, mifepristone, by any person or entity and the legal delivery of the RU-486, mifepristone, by any person to the recipient. This paragraph shall not apply to any conduct related to the RU-486, mifepristone, other than its transport and delivery to the recipient; or  3. The distribution, provision, or sale of RU-486, mifepristone, by any legal manufacturer or distributor of RU-486, mifepristone, provided the manufacturer or distributor made a good-faith effort to comply with any applicable requirements of federal law regarding the distribution, provision, or sale.  F. Any female 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 the abortion, if the father was married to the woman who received the abortion at the time the abortion was performed, or the 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.  G. 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.  H. Any person who violates this section, upon conviction, shall be guilty of a felony. If the offender is a professionally licensed health care provider, in addition to any other sanction imposed by law for the offense, the offender is subject to sanctioning as provided by law by the licensing board having administrative authority over that professionally licensed person.  Added by Laws 2008, c. 36, • 7, eff. Nov. 1, 2008.    •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 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. Performance or attempted performance of abortion solely due to sex of unborn child – Damages – Injunctions – License revocation or suspension – Public disclosure.  A. 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.  B. 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 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 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.  C. An abortion provider who 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 shall be suspended or revoked by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners.  D. 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 her 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 2009, c. 227, • 2, eff. Nov. 1, 2009.    •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 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 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.    •631735. Sale of child, unborn child or remains of child Experiments.  Section 1735. 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.    Laws 1978, c. 207, • 7, eff. Oct. 1, 1978.   •631736. Hospitals Advertising of counseling to pregnant women.  Section 1736. 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.   •631737. Hospitals which may perform abortions.  Section 1737. 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.    Laws 1978, c. 207, • 9, eff. Oct. 1, 1978.   •63-1-737.1. Mandatory sign posting regarding voluntary consent - Lettering and placement requirements.  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.  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 2008, c. 36, • 8, eff. Nov. 1, 2008.    •63-1-737.2. Failure to post sign - Fine - Civil 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 2008, c. 36, • 9, eff. Nov. 1, 2008.    •63-1-737.3. Minors - Verbal notice of voluntary consent requirement - Written certification of notice.  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 2008, c. 36, • 10, eff. Nov. 1, 2008.    •63-1-738. Repealed by Laws 2009, c. 227, • 12, eff. Nov. 1, 2009.  •63-1-738.1. Definitions.  As used in Sections 1-738.1 through 1-738.5 of this title:  1. “Abortion” means the term as is defined in Section 1-730 of this title;  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. “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;  6. “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;  7. “Stable Internet web site” means a web site that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the State Board of Medical Licensure and Supervision;  8. “Unborn child” means the term as is defined in Section 1-730 of this title; and  9. “Woman” means a female human being whether or not she has reached the age of majority.  Added by Laws 2005, c. 200, • 6, emerg. eff. May 20, 2005. Amended by Laws 2007, c. 161, • 2, eff. Nov. 1, 2007; Laws 2008, c. 36, • 11, eff. Nov. 1, 2008.    •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 twenty-four (24) 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 web site 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 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 twenty-four (24) 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 twenty-four (24) hours before the abortion of the specific address of the Internet web site 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.  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.    •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 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.  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 web site the information described under subsection A of this section.  2. The web site provided for in this subsection shall be maintained at a minimum resolution of 72 PPI.  Added by Laws 2005, c. 200, • 8, emerg. eff. May 20, 2005. Amended by Laws 2006, c. 185, • 4, eff. Nov. 1, 2006.    •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 web site the form described in subsection B of this section. A copy of this act shall be posted on the web site. 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 web site, 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 twenty-four (24) 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 web site, 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;  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 web site 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 web site 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.    •63-1-738.3b. 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 subsection B 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 1-738.1 of Title 63 of the Oklahoma Statutes, exists with respect 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 13 of Enrolled Senate Bill No. 1878 of the 2nd Session of the 51st Oklahoma Legislature.  Added by Laws 2008, c. 36, • 12, eff. Nov. 1, 2008. Amended by Laws 2008, c. 173, • 1, eff. Nov. 1, 2008.    •63-1-738.3c. Violation of ultrasound requirement - Injunctive relief - Action for damages - License suspension.  A. An abortion provider who knowingly violates a provision of Section 12 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 12 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 12 of this act, 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 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 12 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 2008, c. 36, • 13, eff. Nov. 1, 2008.    •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.  A. Any physician who knowingly or recklessly performs or attempts to perform an abortion in violation of the provisions of this act shall be subject to disciplinary action by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners.  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 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.        •63-1-738.6. 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 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 twenty-four (24) 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 10 of this act, that these materials are available on a state-sponsored web site, and the web address of that web site. 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 web site, the materials shall either be given to the female at least twenty-four (24) hours before the abortion, or mailed to 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 10 of this act. 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.    •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 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 8 of this act; 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 10 of this act other than on the web site, 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 twenty-four (24) 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 days (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 8 of this act 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 8 of this act.  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.    •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.    •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. Short title.  This act shall be known and may be cited as the “Statistical Reporting of Abortion Act”.  Added by Laws 2009, c. 227, • 3, eff. Nov. 1, 2009.    •63-1-738b. Definitions.  A. As used in the Statistical Reporting of Abortion 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, 2011, the State Department of Health shall make available, on its stable Internet website, an Individual Abortion Form as required by Section 5 of this act, and a form for a Complications of Induced Abortion Report as required by Section 6 of this act.  C. By March 1, 2011, 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, 2011, provide, on its stable Internet website, the means by which physicians may electronically submit the reports required by the Statistical Reporting of Abortion 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 data they include is able to be accessed only by specially authorized departmental personnel during and following the process of transmission.  Added by Laws 2009, c. 227, • 4, eff. Nov. 1, 2009.    •63-1-738c. Individual Abortion Form.  A. Subsections B and C of this section shall become operative on the later of:  1. April 1, 2011; 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. 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.  C. In cases in which a physician or the agent of a physician:  1. Mails the printed materials described in Section 1-738.3 of Title 63 of the Oklahoma Statutes to a female specifically to comply with division (1) of subparagraph d of paragraph 2 of subsection B of Section 1-738.2 of Title 63 of the Oklahoma Statutes;  2. Gives or mails the printed materials described in Section 1-738.10 of Title 63 of the Oklahoma Statutes to a female specifically to comply with subsection A of Section 1-738.8 of Title 63 of the Oklahoma Statutes; or  3. Provides notice to a parent in compliance with Section 1-740.2 of Title 63 of the Oklahoma Statutes,  but does not subsequently perform an abortion on the female or minor, the physician shall electronically submit an 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.  D. The Department shall post the required Individual Abortion Form on its stable Internet website. Nothing in the Individual Abortion Form shall contain the name, address, or 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.  E. The Individual Abortion Form shall contain a notice containing an assurance that, in accordance with subsection F of Section 7 of this act, public reports based on the form submitted will not contain the name, address, 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 Reporting of Abortion Act or of any physician providing information in accordance with the Statistical Reporting of Abortion 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 abortion performed ________________  3. Age of mother _________________  4. Marital status of mother ________________  (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 ________________  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. The abortion provider or agent shall ask the pregnant female to provide, orally or in writing, the reason(s) she is seeking the 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 ________  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 1-738.1 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 _________________________  16. Method of payment (check one):  Private insurance _______  Public health plan _______  Medicaid _______  Private pay _______  Other (specify) _________________  17. Type of 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. Specialty area of medicine of the physician ___________________  _______________________________________________________________  20. Was ultrasound equipment used before, during, or after the performance of this abortion?   Before? _____    Vaginal, abdominal, or both? _____  During? _____    Vaginal, abdominal, or both? _____  After? _____    Vaginal, abdominal, or both? _____  21. If ultrasound equipment was used, was the ultrasound, as required by Section 1-738.3b of Title 63 of the Oklahoma Statutes, performed by a:  Physician ______  Certified Technician as defined in Section 1-730 of Title 63 of the Oklahoma Statutes ________  22. 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 ________  23. 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 _______  24. 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? ______________  25. 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 _____  26. Was the probable gestational age of the unborn child twenty (20) weeks or more? _____  a.  If yes, was the mother provided the information described in subsection A of Section 1-738.8 of Title 63 of the Oklahoma Statutes? _____  (1)  If yes, was the information provided:  In person ______  By telephone ______  (2)  If yes, was the information provided by:  A referring physician _____  An agent of a referring physician _____  The physician performing the abortion _____  An agent of the physician performing the abortion _____  b.  Did the mother choose to be given or mailed the materials described in Section 1-738.10 of Title 63 of the Oklahoma Statutes? ___________  c.  To the best of the information and belief of the reporting physician, did the mother go on to obtain the abortion? ________  27. 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? ________  28. 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? _________  29. If the answer to question 27 or 28 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  30. Minor’s age ___________  31. 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? ________  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? ________  32. 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) _________  33. If no notice was provided nor consent obtained, please 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 1-738.1 of Title 63 of the Oklahoma Statutes, existed ___________  Minor received judicial authorization to obtain abortion without parental notice or consent ___________  34. If no notice was provided nor consent obtained because a medical emergency existed, please indicate:  Whether parent was subsequently notified (state period of time elapsed before notice was given) ____________  Whether judicial waiver of notice requirement was obtained ________  35. If the minor received judicial authorization to obtain an abortion without parental notice or consent, please 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 ___________  36. If the female was a minor at the time of conception, please indicate the age of the father of the unborn child at the time of conception ________  37. 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 7115 of Title 10 of the Oklahoma Statutes occurred, was the rape or abuse reported to the proper authorities ________  Filed this ____ day of __________, _____ by:  ______________________________  (Name of physician)  _____________________________  (Physician’s license number)  NOTICE: In accordance with subsection F of Section 6 of this act, public reports based on this form will not contain the name, address, 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 Reporting of Abortion Act. Such information is not subject to the Oklahoma Open Records Act.  Please 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. In addition, there is a specific requirement promptly to provide a written report of specified complications associated with RU-486, mifepristone, to the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners, in accordance with paragraph 1 of subsection D of Section 1-729 of Title 63 of the Oklahoma Statutes.  Added by Laws 2009, c. 227, • 5, eff. Nov. 1, 2009.    •63-1-738d. Complications of Induced Abortion Report.  A. Complications of Induced Abortion Report. By March 1, 2011, 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, 2011; 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 Section 5 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, 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 Reporting of Abortion 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, 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 Reporting of Abortion 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  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 requiring inpatient transfusion  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. Please 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: _________________________  F. The Complications of Induced Abortion Report shall contain information advising physicians of their independent duty promptly to provide a written report of specified complications associated with RU-486, mifepristone, to the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners, in accordance with paragraph 1 of subsection D of Section 1-729 of Title 63 of the Oklahoma Statutes.  Added by Laws 2009, c. 227, • 6, eff. Nov. 1, 2009.    •63-1-738e. Department annual reports.  A. Beginning in 2012, 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 Reporting of Abortion Act.  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 (please specify);  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 (please specify);  13. A statistical summary of the fees collected;  14. Specialty area of medicine of the physician;  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, as required by Section 1-738.3b of Title 63 of the Oklahoma Statutes, by:  a.  the physician, or  b.  a certified technician as defined by Section 1-730 of Title 63 of the Oklahoma Statutes;  17. The number of abortions performed without first explaining, displaying, and describing ultrasound images as provided under paragraphs 2 through 4 of subsection B of Section 1-738.3b of Title 63 of the Oklahoma Statutes because of a medical emergency determination;  18. 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, including, based on data which shall be compiled and transmitted to the State Department of Health by the State Boards of Medical Licensure and Supervision and of Osteopathic Examiners, the complications related to RU-486, mifepristone, reported under paragraph 1 of subsection D of Section 1-729 of Title 63 of the Oklahoma Statutes;  19. The number of abortions resulting in the reported death of the mother;  20. 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 Title 63 of the Oklahoma Statutes; 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;  21. 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 Title 63 of the Oklahoma Statutes; 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;  22. 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 Title 63 of the Oklahoma Statutes mailed to them; and of that number, the number who, based on the submitted reports, did and did not obtain an abortion;  23. The number of abortions performed by the physician in which information otherwise required to be provided at least twenty-four (24) 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;  24. The number of females to whom physicians or their agents provided the information described in subsection A of Section 1-738.8 of Title 63 of the Oklahoma Statutes; 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 Title 63 of the Oklahoma Statutes, 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;  25. The number of females to whom the information described in subsection A of Section 1-738.8 of Title 63 of the Oklahoma Statutes 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;  26. 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 summary of the length of time between the dates of reporting to law enforcement authorities and the dates of the abortions;  27. The number of females to a parent of whom the physician provided notice as required by Section 1-740.2 of Title 63 of the Oklahoma Statutes; 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;  28. 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 Title 63 of the Oklahoma Statutes; 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;  29. The number of abortions performed after receiving judicial authorization to do so without parental notice and consent;  30. The number of abortions performed on minors after judicial authorizations granted because of a finding the minor girl was mature and capable of giving informed consent; and  31. The number of abortions performed on minors after judicial authorizations granted because of a finding that the performance of the abortion without parental notification and consent was in the best interest of the minor.  D. Beginning in 2012, 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 Title 63 of the Oklahoma Statutes 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,  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, 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 Reporting of Abortion Act or of any physician providing information in accordance with the Statistical Reporting of Abortion Act. Nor shall the information described in the preceding sentence be subject to the Oklahoma Open Records Act.  Added by Laws 2009, c. 227, • 7, eff. Nov. 1, 2009.    •63-1-738f. Notice of act – Penalties and remedies for incomplete or late reports, false reports, or failure to file reports – Inspections – Rules.  A. The State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners shall notify the following of the requirements of the Statistical Reporting of Abortion Act and of the addresses of the pages on the State Department of Health website providing access to the forms it requires and instructions for their electronic submission:  1. By March 1, 2011, all physicians licensed to practice in this state; and  2. 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 Reporting of Abortion Act. Any physician required to report in accordance with the Statistical Reporting of Abortion 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 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 Reporting of Abortion Act, shall be guilty of a misdemeanor.  D. The Department shall ensure compliance with the Statistical Reporting of Abortion Act and shall verify the data provided by periodic inspections of places where abortions are performed.  E. The Department may promulgate rules in accordance with the Administrative Procedures Act to alter the dates established by the Statistical Reporting of Abortion 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 7 of this act are issued at least once every year.  F. If the Department fails to issue the public reports described in Section 7 of this act, 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.  Added by Laws 2009, c. 227, • 8, eff. Nov. 1, 2009.    •63-1-738g. Validity of act – Intervention in cases challenging act.  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 2009, c. 227, • 9, eff. Nov. 1, 2009.    •63-1-738h. Validity of act – Injunctions – Effectiveness and enforceability of other particular statutes.  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 Reporting of Abortion 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 Reporting of Abortion Act is again in effect. If and to the extent the Statistical Reporting of Abortion 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 Reporting of Abortion 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 Reporting of Abortion 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, 2011; 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 Section 5 of this act.  Added by Laws 2009, c. 227, • 10, eff. Nov. 1, 2009.    •631739. Records.  Section 1739. 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.    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 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. Notification and consent of parent - Requirements - Exceptions - Intent to seek judicial waiver - 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 written notice of 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 notice and 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 notice and 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 next 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.  3.  a.  The parent entitled to notice and consent shall provide to the physician a copy of proof of identification, and shall certify in a signed, dated, and notarized statement that he or she has been notified and 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 notice or request for written informed consent of one parent shall be required under this section if one of the following conditions is met:  1. 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 paragraph; or  2. The unemancipated minor declares that she is the victim of sexual abuse, as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes and the attending physician has notified local law enforcement or the Department of Human Services about the alleged sexual abuse.  D. 1. Unless the unemancipated minor gives notice of her intent to seek a judicial waiver pursuant to Section 1-740.3 of this title, 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 paragraph 1 or 2 of subsection C of this section. The attending physician, or the agent of the attending physician, shall also send a written notice of the 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.  2. If the unemancipated minor gives notice to the attending physician, or an agent of the physician, of her intent to seek a judicial waiver pursuant to Section 1-740.3 of this title, the physician, or an agent of the physician, shall file a notice with any judge of a court of competent jurisdiction that the minor has given such notice and shall provide the information the physician, or the agent of the physician, would have been required to provide the parent under paragraph 1 of this subsection if the unemancipated minor had not given notice of her intent to seek a judicial waiver. The court shall expeditiously schedule a conference with notice to the minor and the physician. If the minor is able to participate in the proceedings, the court shall advise the minor that she has the right to court-appointed counsel and shall, upon her request, provide the minor with such counsel. If the minor is unable to participate, the court shall appoint counsel on behalf of the minor. After an appropriate hearing, the court, taking into account the medical condition of the minor, shall set a deadline by which the minor must file a petition or motion pursuant to Section 1-740.3 of this title. The court may subsequently extend the deadline in light of the medical condition of the minor or other equitable considerations. If the minor does not file a petition or motion by the deadline, either in that court or in another court of competent jurisdiction with a copy filed in that court, the court shall direct that the court clerk provide the notice to a parent.  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.    •63-1-740.3. Judicial authorization prior to abortion - Waiver of parental notification following abortion - Court proceedings - Confidentiality - Appeal.  A. If a pregnant unemancipated minor elects not to allow the notification and request for written informed consent of her parent, any judge of a court of competent jurisdiction 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. 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 notification and written informed consent of her parent would be in her best interest and shall authorize a physician to perform the abortion without notification and written informed consent if the judge concludes that the best interests of the pregnant unemancipated minor would be served thereby.  B. If the unemancipated minor, upon whom a medical emergency abortion or an abortion to prevent her death was performed, elects not to allow the notification of her parent, any judge of a court of competent jurisdiction shall, upon petition or motion and after an appropriate hearing, authorize the waiving of the required notice of the performed abortion if the judge determines, by clear and convincing evidence, that the unemancipated minor is mature and capable of determining whether notification should be given, or that the waiver would be in the best interest of the unemancipated minor.  C. 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.  D. 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 evidence to be maintained, including the findings and conclusions of the court.  E. An expedited confidential appeal shall be available to any pregnant unemancipated minor for whom the court denies an order authorizing an abortion without notification and written informed consent of one parent. An order authorizing an abortion without notification and 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.    •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 and shall be grounds for actual and punitive damages in a civil action by a person wrongfully denied notification and request for written informed consent. A person shall not be held liable under this act if the person establishes by written evidence that the person relied upon evidence sufficient to convince a careful and prudent person that the representations of the pregnant unemancipated minor regarding information necessary to comply with this section are bona fide and true, or if the person has attempted with reasonable diligence to deliver the notice and request for written informed consent, but has been unable to do so.  Added by Laws 2005, c. 200, • 14, emerg. eff. May 20, 2005. Amended by Laws 2006, c. 185, • 20, eff. Nov. 1, 2006.    •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;  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 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.  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.  A. 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 act commits a felony.  B. A physician who intentionally or knowingly performs an abortion on a pregnant unemancipated minor in violation of this act 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. An unemancipated minor, or the parent of the minor, upon whom an abortion has been performed, or attempted to be performed, without complying with this act may maintain a cause of action against the person who performed, or attempted to perform, the abortion.  E. It is not a defense to a claim brought pursuant to this section that the minor gave informed and voluntary consent.  F. An unemancipated minor does not have the capacity to consent to any action that violates this act.  Added by Laws 2007, c. 161, • 9, eff. Nov. 1, 2007.    •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 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 21 of this act. 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 claims filed as prescribed by law with the Director of State Finance for approval and payment.  Added by Laws 2006, c. 185, • 22, eff. Nov. 1, 2006.    •631741. 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.  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. Elective abortions - Limitation of insurance coverage - Optional rider - Application.  A. For purposes of this section, an “elective abortion” means an abortion for any reason other than a spontaneous miscarriage or to prevent the death of the female upon whom the abortion is performed or 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. No health insurance contracts, plans, or policies delivered or issued for delivery in this state shall provide coverage for elective abortions except by an optional rider for which there shall be paid an additional premium.  B. This section shall be applicable to all contracts, plans, or policies of:  1. All nonprofit hospital, medical, surgical, dental, and health service corporations;  2. All health insurers subject to the laws of this state; and  3. All health maintenance organizations.  C. This section shall be applicable only to contracts, plans, or policies written, issued, renewed, or revised after November 1, 2007. For the purposes of this subsection, if new premiums are charged for a contract, plan, or policy, it shall be determined to be a new contract, plan, or policy.  Added by Laws 2007, c. 161, • 12, eff. Nov. 1, 2007.    •63-1-741.11. Wrongful birth or life actions - Damages in certain circumstances prohibited.  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 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 2008, c. 36, • 14, eff. Nov. 1, 2008.    •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  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.    •63-1-818.1. 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.  •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.  •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.  •63-1-818.41. Renumbered as • 1430.41 of Title 10 by Laws 1996, c. 354, • 56, eff. Nov. 1, 1996.  •631819. Residential Care Act.  Sections 1820 through 1840 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 such 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 mentally retarded or 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 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, or  (7)  college or university dormitory.  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;  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 such 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 such 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 such 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; 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.    •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;  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. Task Force on Nursing Home Insurance Access.  A. There is hereby created, to continue until February 1, 2007, the “Task Force on Nursing Home Insurance Access”.  B. The Task Force shall consist of sixteen (16) members:  1. Three members shall be appointed by the Speaker of the Oklahoma House of Representatives as follows:  a.  one member who represents an intermediate care facility for the mentally retarded (ICF/MR),  b.  one member who represents a nursing home facility, and  c.  one member of the Oklahoma House of Representatives appointed by the Speaker of the House of Representatives;  2. Three members shall be appointed by the President Pro Tempore of the State Senate as follows:  a.  one member who is a practicing attorney in the area of elder or health care law,  b.  one member who represents a statewide elder justice organization, and  c.  one member of the State Senate appointed by the President Pro Tempore of the State Senate;  3. Four members shall be appointed by the Governor as follows:  a.  one member who is a practicing attorney in insurance and medical malpractice law,  b.  one member who has experience in health economics,  c.  one member who represents the insurance industry, and  d.  one member who represents a nursing home facility;  4. The Director of the Department of Human Services, or a designee;  5. The Director of the State Department of Health, or a designee;  6. The President of the Oklahoma Association of Health Care Providers, or a designee;  7. The Commissioner of the Oklahoma Insurance Department, or a designee;  8. The President of the Oklahoma Association of Home Care, or a designee; and  9. The Director of the Oklahoma Health Care Authority, or a designee.  C. The appointed member from the Oklahoma House of Representatives and the appointed member from the State Senate shall serve as cochairs of the Task Force. The cochairs shall convene the first meeting of the Task Force. The members of the Task Force shall elect any other officers during the first meeting and upon a vacancy in any office. The Task Force shall meet as often as necessary.  D. Appointments to the Task Force shall be made by July 1, 2006.  E. A majority of the members of the Task Force shall constitute a quorum. A majority of the members present at a meeting may act for the Task Force.  F. Nonlegislative members of the Task Force shall be reimbursed by their respective agencies for necessary travel expenses incurred in the performance of duties pursuant to the provisions of the State Travel Reimbursement Act. Legislative members of the Task Force shall be reimbursed for necessary travel expenses incurred in the performance of duties in accordance with the provisions of Section 456 of Title 74 of the Oklahoma Statutes.  G. Administrative support for the Task Force including, but not limited to, personnel necessary to ensure the proper performance of the duties and responsibilities of the Task Force, shall be provided by the Oklahoma Health Care Authority to be supplemented, if necessary, by the state agencies involved in the Task Force, and the staff of the House of Representatives and the State Senate. All participating state agencies shall provide for any administrative support requested by the Task Force.  H. The Task Force shall develop recommendations for providing greater access to liability insurance coverage for nursing home facilities including, but not limited to, improved enforcement of nursing home quality standards, affordable premiums, risk management, alternative forms of insurance, and strengthened regulation of the insurance industry.   I. The Task Force shall examine the feasibility of transferring the administration of community-based services from the Department of Human Services to the Oklahoma Health Care Authority.  J. The Task Force shall publish a report of findings and recommendations by February 1, 2007, including recommendations for any resulting legislation.  Added by Laws 2006, c. 315, • 12, emerg. eff. June 9, 2006.    •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. 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 1-1950.1 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 certified administrator for the home.  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.    •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 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;  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.  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.    •631828.1. 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 three times 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 unannounced. 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 this 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 shall be invited from a statewide organization of the elderly by the Department to act as a citizen observer in any inspection. Such person shall receive expenses as provided in the State Travel Reimbursement Act.  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;  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 shall require periodic reports and 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, emerg. eff. April 9, 1990; Laws 2001, c. 410, • 10, eff. Nov. 1, 2001.    •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 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.    •63-1-831. 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.  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.    •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 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.    •631835. 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.  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.  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 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.    •631840. 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 11909, 11910, 1-1914.1, 1-1914.2, 11915, 11917, 11918, 11919, 11920, 11921, 11922, 11924, 11926, 11927, 11930, 11939, 11940 and 11941 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.  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. Sex offender stand-alone long-term care facility.  A. The State Department of Health shall initiate a request for proposal for the operation of a stand-alone long-term care facility for sex offenders who are assigned a numeric risk level of II or III as provided in the Sex Offenders Registration Act. The request for proposal shall set forth surveillance and security specifications providing for heightened security of residents to protect the public and residents of the facility.  B. The State Board of Health shall promulgate rules and establish procedures necessary to implement the request for proposal and the operation of the stand-alone long-term care facility for Level II and III sex offenders.  Added by Laws 2008, c. 411, • 1, eff. Nov. 1, 2008.    •631850. Short title.  Sections 6 through 17 of this act shall be known and may be cited as the Longterm Care Certificate of Need Act.      •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, • 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 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 mental retardation 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.    •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 Longterm Care Certificate of Need Act;  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 Longterm 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 Longterm 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 Longterm 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 Longterm 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 Longterm 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 Longterm 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 Longterm 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.  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.    •631851.3. Certificate of need required.  No longterm care facility shall be developed, acquired or offered unless a certificate of need therefor has been issued as provided in the Longterm 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 longterm care facility, nor shall any thirdparty 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 Longterm 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 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;  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:  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 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.    •631853. 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;  3. The proposed action will contribute to the orderly development of longterm 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 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 fortyfive (45) days of such hearing.  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 authorization for an open admission period for not more than seven (7) years following the initial licensure of nursing care beds in the life care community. During the open admission period, the life care community may admit individuals who are not residents of the life care community to the nursing care beds.  3. Upon expiration of the one-time seven-year open admission period, 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 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.  Added by Laws 2001, c. 285, • 4, eff. Nov. 1, 2001.    •631854.1. 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, • 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.    •631857. 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 longterm 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 longterm care 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 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.    •631857.1. 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.    •631857.2. Decision granting or denying certificate of need for new longterm 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 longterm 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 fortyfive (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 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.  •631857.6. 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 Commissioner ofHealth. 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 Commissioner of Health.  B. The Director of State Finance 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 Longterm 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.      •631858. Penalties.  A. Any person who offers or develops or begins to offer or develop a longterm care facility without having first obtained a certificate of need, as provided by the Longterm Care Certificate of Need Act, shall be deemed guilty of a misdemeanor, and upon 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 longterm 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.   •631859. 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 longterm 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 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;  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;  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, 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 services under a health benefits plan for which it is the payor when it is providing those services under a health benefits plan; and  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.  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.  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.    •63-1-860.5. Department - Powers and duties.  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.    •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) 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, 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 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.  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 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 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. Hospice Advisory Board - Membership - Office and clerical staff - Officers - Meetings - Compensation and expenses.  A. There is hereby created a Hospice Advisory Board which shall be composed of seven (7) members, as follows:  1. One member who shall be a general practitioner of the medical professions licensed pursuant to the laws of this state;  2. One member who shall be a registered nurse licensed pursuant to the laws of this state;  3. One member who shall be a professional counselor, psychologist or social worker licensed pursuant to the laws of this state;  4. One member of a statewide association of home care operators whose membership consists of a majority of the licensed home health operators in this state;  5. Two members who shall be administrators of hospices which shall be licensed pursuant to the Hospice Licensing Act; and  6. One member who shall represent the general public.  B. 1. The members of the Hospice Advisory Board shall be appointed by the Governor and shall be in good standing with state and federal regulatory bodies. As used in this paragraph, “good standing” means being in compliance with state and federal statutes and regulations, with no outstanding deficiencies or citations pending with a state or federal agency.  2. The initial term of the member representing the general public shall be for one (1) year, the initial term of the member of the medical profession shall be for three (3) years; the initial terms of the licensed registered nurse and professional counselor, psychologist, or social worker members shall be for two (2) years; and the initial terms of the administrator members shall be for one (1) year.  3. After the initial appointments, the terms of each member shall be for a three-year period. Vacancies shall be filled in the same manner as that position was originally filled.  C. The State Department of Health shall provide an office and a clerical staff worker to perform designated duties of the Hospice Advisory Board. The Department shall also provide space for meetings of the Hospice Advisory Board.  D. The Hospice Advisory Board shall annually elect from among its membership a chair and a secretary-treasurer. Four members of the Hospice Advisory Board shall constitute a quorum. A quorum must be present to transact any business of the Hearing Advisory Board. The Hospice Advisory Board shall meet at least quarterly, and may hold such special meetings as may be necessary. The members of the Hearing Advisory Board shall serve without compensation, but may be reimbursed for expenses by the State Department of Health, pursuant to the State Travel Reimbursement Act.  Added by Laws 1991, c. 217, • 13, eff. Sept. 1, 1991. Amended by Laws 2000, c. 152, • 1, eff. Nov. 1, 2000; Laws 2001, c. 353, • 4, eff. Nov. 1, 2001.    •63-1-860.14. Hospice Advisory Board - Powers and duties.  A. The Hospice 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 provided by hospices;  2. Review, make recommendations regarding, and approve in its advisory capacity the system of standards developed by the Department; and  3. Evaluate and review the standards, practices and procedures of the Department regarding the administration and enforcement of the provisions of the Oklahoma Hospice Licensing Act and make recommendations to the Department as necessary and appropriate.  B. The Hospice Advisory Board 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.  Added by Laws 1991, c. 217, • 14, eff. Sept. 1, 1991.    •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.  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 State Finance for approval and payment.  Added by Laws 1991, c. 217, • 16, eff. Sept. 1, 1991.    •631870. Legislative statement of need.  The Oklahoma State Legislature hereby finds and declares that there is an inadequate range of communitybased services for frail elderly and disabled adults and that there is an urgent need to establish, support and regulate a communitybased 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.      •631871. Short title.  Section 2 through 9 of this act shall be known and may be cited as the "Adult Day Care Act".      •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.    •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 Title 63 of the Oklahoma Statutes, 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 on July 31 of each year, provided an initial license shall expire one hundred eighty (180) days after the date of issuance.  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 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.    •631874. 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 fortyfive (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 Seventyfive 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.      •631875. 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.      •631876. Denial, suspension, nonrenewal 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.  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.      •631877. 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 owneroperator shall surrender the license to the Department and the license shall be canceled.      •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 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.  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.  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 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.  •631880.1. 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".      •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 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.    •631880.3. 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.      •631880.4. 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 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 semiprivate units rented as private rooms.      •631880.5. 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 thirdparty 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.    •631880.6. 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.    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 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;  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.    •631880.7. 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  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 fortyfive (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; Laws 1991, c. 241, • 4, eff. Sept. 1, 1991.    •631880.8. 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.  Laws 1989, c. 227, • 25; Laws 1994, c. 48, • 3, eff. Sept. 1, 1994.    •631880.9. 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 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 fortyfive (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 fortyfive (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.      •631880.10. 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 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 fortyfive (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.      •631880.11. 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.      •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 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.    •63-1-890.1. 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.    •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. 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;  7. Enumeration of resident rights and responsibilities to be observed by each facility and its staff;  8. 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;  9. 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  10. 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.    •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. 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. 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).  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.    •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 of 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, 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 such violation occurs.  D. 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.  E. 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.    •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. 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.  F. 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 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.  G. 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.    •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.    •63-1-899.1. Repealed by Laws 2002, c. 112, • 5, eff. Dec. 31, 2002.  •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.  •63-1-913. Repealed by Laws 1993, c. 145, • 362, eff. July 1, 1993.  •631914. 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, Sec. 914.    Laws 1963, c. 325, art. 9, • 914.   •631915. 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, Sec. 915.    Laws 1963, c. 325, art. 9, • 915.   •631916. 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 Twentyfive 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, Sec. 916.    Laws 1963, c. 325, art. 9, • 916.   •631917. 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.  (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, Sec. 917.    Laws 1963, c. 325, art. 9, • 917.   •631918. 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.   •631919. 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, Sec. 919.    Laws 1963, c. 325, art. 9, • 919.   •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.  •63-1-0002.1. Editorially renumbered as • 1-1002.1 of this title to provide consistency in numbering.  •63-1-0002.2. Editorially renumbered as • 1-1002.2 of this title to provide consistency in numbering.  •63-1-0002.3. Editorially renumbered as • 1-1002.3 of this title to provide consistency in numbering.  •63-1-0002.4. Editorially renumbered as • 1-1002.4 of this title to provide consistency in numbering.  •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:  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  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;  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 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 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.  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.    •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.  •6311011. 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 twentyfour (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.  (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.   •6311013. 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.  Added by Laws 1963, c. 325, art. 10, • 1013, operative July 1, 1963. Amended by Laws 1995, c. 54, • 1, eff. July 1, 1995.    •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 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.    •6311015. 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.  (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.   •6311016. 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.   •6311016A. 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 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.   •6311016B. 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.   •6311017. 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.   •6311018. 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.   •6311019. 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.   •6311020. 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.  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.    •6311021. Permanently outofservice 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 outofservice 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, weightsupporting 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.  •6311101. 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 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.   •6311102. 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.  (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 11111 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 11115 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 11105 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.   •6311103. 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.    •6311104. 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 dulyauthorized 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.   •6311105. Embargo authorized Nuisances.  (a) Whenever a dulyauthorized 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 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.   •6311106. 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.   •6311107. 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.   •6311108. Rules and regulations Definitions Standards.  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.   •6311109. 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 fourtenths of one percent (4/10 of 1%), harmless natural wax not in excess of fourtenths of one percent (4/10 of 1%), harmless natural gum and pectin; provided, that this paragraph shall not apply to any confectionery by reason of its containing less than onehalf 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.   •6311110. 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  (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.   •6311111. 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 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.   •6311112. 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 consumer may be affected by the same or other poisonous or deleterious substances.    Laws 1963, c. 325, art. 11, • 1112.   •6311113. 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.   •6311114. 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.   •6311115. Inspections.  The State Commissioner of Health or his dulyauthorized 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 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.   •6311116. 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.   •6311117. 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. Sellers of food - License required - Exemptions - Health guidelines - Term of fee-exempt licenses - Sanitation standards - Day care - Nursing facilities.  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 license issued for such purpose by the State Commissioner of Health.  B. Unless otherwise provided by rule by the State Board of Health, each such license shall expire on the 30th day of June following its issuance. The Commissioner shall charge and collect for each such license an annual fee to be fixed by the State Board of Health. A license shall not be required of a nonprofit civic, charitable or religious organization, using nonpaid persons to prepare or serve food on its behalf, for occasional fund-raising events sponsored and conducted by the organization. The Commissioner shall provide guidelines for safeguarding the health of customers of such events. The Board may by rule provide that a license which is fee-exempt under rules adopted by the Board pursuant to subsection D of Section 1-106.1 of this title shall not expire but shall remain in full force and effect until affirmatively revoked, suspended, annulled or withdrawn by the Commissioner in accordance with applicable law. 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.  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.  D. 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 shall not be deemed to be food service establishments.  E. Nursing facilities and specialized facilities, as defined in and licensed pursuant to the provisions of the Nursing Home Care Act and residential care homes as defined by the Residential Care Act shall not be deemed to be food service establishments.  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.    •6311119. 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 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. 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.  Laws 1963, c. 325, art. 11, • 1119, operative July 1, 1963; 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.    •6311120. 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.   •6311121. 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 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.   •6311122. 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.   •6311123. 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.   •6311124. 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.   •6311125. 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.   •6311126. Goods not intended for human consumption.  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.   •6311127. 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.   •6311128. 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.   •6311129. 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 selfclosing 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.   •6311130. 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 thirtyfour 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 selfregistering or selfrecording thermometer of a type approved by the Commissioner shall be provided in the locker room. The discs or 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.   •6311131. 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.   •6311132. 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.   •6311133. 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.   •6311134. 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.   •6311135. Definitions.  For the purpose of Section 1136 through 1139 of this article:  (a) The term "horsemeat" shall mean the meat or flesh of any animal of the equine genus.  (b) The term "package" or "container" shall mean the original, properly labeled package or container in which the horsemeat was packaged by the packer or processor at the point of origin.  (c) The term "properly labeled" shall mean a display of written, printed or graphic matter upon the outside package or container, or wrapper if there be one, stating the name and address of the original packer or processor, and in addition thereto shall include the words "horsemeat." All letters and words of the label shall be legible and of such size as to be easily read and understood by the ordinary individual under customary conditions of purchase and use.    Laws 1963, c. 325, art. 11, • 1135.   •6311136. Sale, offer or possession with intent to sell for human consumption unlawful.  It shall be unlawful for any person to sell, offer or exhibit for sale, or have in his possession with intent to sell, any quantity of horsemeat for human consumption.    Laws 1963, c. 325, art. 11, • 1136.   •6311137. Transfer to person intending to sell for human consumption.  It shall be unlawful for any person to transfer the possession of any horsemeat to any other person when the person so transferring knows, or in the exercise of a reasonable discretion should have known, that the person receiving the horse meat intends to sell it, offer it for sale, exhibit it for sale, or keep it in his possession with intent to sell it for human consumption.    Laws 1963, c. 325, art. 11, • 1137.   •6311138. Prima facie evidence.  Any of the following facts shall be prima facie evidence that horsement was intended to be sold unlawfully for human consumption:  (a) the presence of horsement in any quantity in any retail store where the meat of cattle, sheep, swine, or goats is being exhibited or kept for sale, unless such horsement be in an unopened, properlylabeled package or container not exceeding five (5) pounds in weight.  (b) the presence of horsement in any quantity within the establishment, warehouse, meat locker, meat cooler, or other place of storage or handling of any wholesaler of the meat of cattle, sheep, swine, or goats, unless such horsement be in properlylabeled containers as described above.  (c) the presence of horsement mixed and commingled with the meat of cattle, sheep, swine, or goats in hamburger, sausage or other processed meat products.  (d) the transportation of processed horsement, unless the horsement is in individual, properlylabeled packages or containers, not to exceed five (5) pounds in weight.  (e) the presence of horsement in, or the delivery or attempted delivery of horsement to, any restaurant or cafe.  (f) the presence of horsement in, or the delivery or attempted delivery of horsement to, any establishment preparing, canning, or processing meat food products from the meat of cattle, sheep, swine, or goats, such as, but not limited to, chili con carne, beef hash, and beef stew.    Laws 1963, • 325, art. 11, • 1138.   •6311139. State Commissioner of Health Rights and powers.  The State Commissioner of Health or his authorized representative shall have free access to any transport vehicle, factory, warehouse or establishment in which horsemeat or feed suspected of containing horsemeat is transported, manufactured, processed, packed, sold, or prepared for serving to secure, after payment or offer to pay therefor, samples or specimens of such products found therein, to examine any and all sales records, shipping records relating to foods and/or horsemeat, to embargo any article of food and/or horsemeat suspected of being in violation of law, and to determine whether any law is being violated.    Laws 1963, c. 325, art. 11, • 1139.   •6311201. 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.  •6311301.6. Renumbered as • 7-406 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •63-1-1301.7. Renumbered as • 7-407 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.8. Renumbered as • 7-408 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.9. Renumbered as • 7-409 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.10. Renumbered as • 7-410 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.11. Renumbered as • 7-411 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.12. Renumbered as • 7-412 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.13. Renumbered as • 7-413 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.14. Renumbered as • 7-414 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.15. Renumbered as • 7-415 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.16. Renumbered as • 7-416 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.17. Renumbered as • 7-417 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.18. Renumbered as • 7-418 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.19. Renumbered as • 7-419 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.20. Renumbered as • 7-420 of Title 2 by Laws 1994, c. 140, • 30, eff. Sept. 1, 1994.  •6311301.30. Short title.  This act may be cited as the "Mellodrink Products Act."    Laws 1971, c. 96, • 1, operative July 1, 1971. Renumbered from Title 2, • 7301 by Laws 1987, c. 206, • 97, operative July 1, 1987; Laws 1987, c. 236, • 205, emerg. eff. July 20, 1987.   •6311301.31. Legislative intent.  It is the legislative intent of this act to enable a purchaser at retail level to distinguish between Mellodrink products and dairy products, by eliminating the deceptive practices in advertising and promoting Mellodrink 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, • 7302 by Laws 1987, c. 206, • 97, operative July 1, 1987; Laws 1987, c. 236, • 205, emerg. eff. July 20, 1987.   •6311301.32. Purpose of act.  Mellodrink 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 Mellodrink 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 wellbeing 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, • 7303 by Laws 1987, c. 206, • 97, operative July 1, 1987; Laws 1987, c. 236, • 205, emerg. eff. July 20, 1987.   •6311301.33. Labeling and advertising.  A. Mellodrink 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 Mellodrink 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.  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 Mellodrink product or when advertising any Mellodrink product.  D. No Mellodrink 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 Mellodrink 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 Mellodrink 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 Mellodrink 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 Mellodrink 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, Mellodrink, be less than twice the type size of any other term or representation contained on the label, package or wrapping. The name Mellodrink 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.    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, • 7305 by Laws 1987, c. 206, • 97, operative July 1, 1987; Laws 1987, c. 236, • 205, emerg. eff. July 20, 1987.   •6311301.34. Separate display.  A. Mellodrink 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 Mellodrink products be intermixed or commingled with milk products, but shall be separately displayed.  B. Units or counters containing Mellodrink products or milk products shall be clearly labeled to avoid confusion.    Laws 1971, c. 96, • 6, operative July 1, 1971. Renumbered from Title 2, • 7306 by Laws 1987, c. 206, • 97, operative July 1, 1987; Laws 1987, c. 236, • 205, eff. July 20, 1987.   •6311301.35. Food establishments notice.  A. No food establishment shall place before any patron or employee any Mellodrink product for use as beverage, unless any such Mellodrink 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 Mellodrink 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 "Mellodrink product".    Laws 1971, c. 96, • 6, operative July 1, 1971. Renumbered from Title 2, • 7306 by Laws 1987, c. 206, • 97, operative July 1, 1987; Laws 1987, c. 236, • 205, eff. July 20, 1987.   •6311301.36. Registration.  A. Any person engaged in the manufacture of a Mellodrink 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 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 Mellodrink 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 Mellodrink 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, • 7308 by Laws 1987, c. 206, • 97, operative July 1, 1987; Laws 1987, c. 236, • 205, emerg. eff. July 20, 1987.   •6311301.37. License to manufacture.  A. The Department shall issue an annual license authorizing the manufacture of Mellodrink 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 Mellodrink products without a license for the current fiscal year. Each separate plant or place of manufacturing shall require a license.  E. The manufacture of Mellodrink 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 Mellodrink 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, • 7309 by Laws 1987, c. 206, • 97, operative July 1, 1987; Laws 1987, c. 236, • 205, emerg. eff. July 20, 1987.   •6311301.38. Import license.  A. It is unlawful and a misdemeanor to import Mellodrink 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 Mellodrink product must be registered and approved by the Department and otherwise meet the same requirements and standards as Mellodrink 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, • 7310 by Laws 1987, c. 206, • 97, operative July 1, 1987; Laws 1987, c. 236, • 205, emerg. eff. July 20, 1987.   •6311301.39. 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 Mellodrink 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 Mellodrink 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 Mellodrink 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, • 7311 by Laws 1987, c. 206, • 97, operative July 1, 1987; Laws 1987, c. 236, • 205, emerg. eff. July 20, 1987.   •6311301.40. 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, • 7314 by Laws 1987, c. 206, • 97, operative July 1, 1987; Laws 1987, c. 236, • 205, emerg. eff. July 20, 1987.   •6311301.41. 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, • 7315 by Laws 1987, c. 206, • 97, operative July 1, 1987; Laws 1987, c. 236, • 205, emerg. eff. July 20, 1987.   •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; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (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 clause (1), (2) or (3); but does not include devices or their components, parts or accessories.  (b) The term "device" (except when used in paragraph (k) of this section and in Sections 1402(i), 1409(c), and 1411(c) of this article) 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 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 the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them.  (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 word, 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 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.    •6311402. 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.   •6311403. 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 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.   •6311404. 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 dulyauthorized 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.   •6311405. Embargo.  (a) Whenever a dulyauthorized 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 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.   •6311406. 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.    •6311407. 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.   •6311408. 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 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.    •6311409. 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 alphaeucaine, barbituric acid, betaeucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marihuana, morphine, opium, paraldehyde, peyote, or 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 "WarningMay 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 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 habitforming 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, chemicallysimilar drug products which have a previously established or substantial position in the marketplace.    Laws 1963, c. 325, art. 14, • 1409; Laws 1976, c. 181, • 1, eff. Jan. 1, 1977.   •6311410. 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: "CautionThis 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.   •6311411. 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 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.   •6311412. 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 venereal disease shall also be deemed to be false, except that no advertisement not in violation of subsection (a) 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 selfmedication 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 selfmedication for disease other than those named herein is safe or efficacious.    Laws 1963, c. 325, art. 14, • 1412.   •6311413. 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.  (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.   •6311414. Inspections.  The State Commissioner of Health or his dulyauthorized 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.   •6311415. 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.   •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.    •63-1-1450. 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,  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. By November 1, 2001, the State Board of Health shall have promulgated 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 of criteria for the certification of persons authorized to perform medical micropigmentation.  C. The Oklahoma 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.    •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.  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, in cooperation with the Medical Micropigmentation Advisory Committee and 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 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.  E. The State Department of Health upon recommendation of the Medical Micropigmentation Advisory Committee 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    •63-1-1456. Medical Micropigmentation Advisory Committee.  A. Not more than thirty (30) days after the effective date of this act, the State Commissioner of Health shall establish the Medical Micropigmentation Advisory Committee to assist in:  1. The establishment of criteria for certification, training and testing;  2. The promulgation of rules for the practice of medical micropigmentation; and  3. The periodic evaluation of the application and enforcement of the laws and rules regulating medical micropigmentation.  B. The Medical Micropigmentation Advisory Committee shall perform such other duties within its scope of authority as the State Board of Health determines necessary to implement the provisions of the Oklahoma Medical Micropigmentation Regulation Act.  C. The Medical Micropigmentation Advisory Committee shall be appointed by the State Commissioner of Health and shall consist of seven (7) members as follows:  1. Three persons, one who is a physician licensed by the State Board of Medical Licensure and Supervision, one who is a physician licensed by the State Board of Osteopathic Examiners, and one who is a dentist licensed by the Board of Dentistry;  2. Three persons, each of whom hold current certificates issued by the State Board of Health pursuant to the provisions of the Oklahoma Medical Micropigmentation Regulation Act. Provided, for the initial appointments of these three members, the Commissioner shall appoint persons who have been engaged in the performance of medical micropigmentation for at least one (1) year prior to the effective date of this act and who are currently performing medical micropigmentation pursuant to subsection A of Section 3 of this act. Such initial members shall be required to obtain a certificate to practice medical micropigmentation by May 1, 2002, in order to continue membership on the Committee; and  3. One person who is a member of the public and not licensed to practice by the Oklahoma Board of Nursing, the State Board of Medical Licensure and Supervision, the State Board of Osteopathic Examiners, or the Board of Dentistry.  D. Each member shall serve at the pleasure of the State Commissioner of Health.  E. Members of the Medical Micropigmentation Advisory Committee shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties pursuant to the provisions of the State Travel Reimbursement Act.  F. 1. The Medical Micropigmentation Advisory Committee shall organize and meet at such time and place as it deems necessary to perform its duties.  2. The State Department of Health shall provide meeting space and staffing as necessary to assist the advisory committee in implementing its duties pursuant to the Oklahoma Medical Micropigmentation Regulation Act.  Added by Laws 2001, c. 384, • 7, emerg. eff. June 4, 2001.    •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 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 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.    •6311501. 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.  (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 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. Radiation Advisory Committee.  The State Board of Health shall establish a Radiation Advisory Committee consisting of seven (7) members appointed by the board on the basis of training and experience in the field of diagnostic x-ray technology and procedure. The Committee shall serve in an advisory capacity to the Board in the formulation and amendment of rules and regulations relating to the use of diagnostic x-ray systems. Members of such Committee shall serve at the pleasure of the Board and without compensation, but may be allowed actual and necessary expenses of travel, from funds available for the operation of the State Department of Health, on the same basis as other state officials.  Added by Laws 1993, c. 145, • 315, eff. July 1, 1993.    •63-1-1505. Rules for diagnostic x-ray facilities.  The State Board of Health shall have the authority, after public hearing, 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.    •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.  •6311511. 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.   •6311512. 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.   •6311513. 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.   •6311514. 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.   •63-1-1521. 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 public or private school system, 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 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.    •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 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 smoking rooms for residents and their guests. Such rooms shall be fully enclosed, directly exhausted to the outside, and shall be under negative air pressure so that no smoke can escape when a door is opened and no air is recirculated to nonsmoking areas of the building.  B. 1. Except as otherwise provided in paragraph 2 of this subsection, an educational facility which offers an early childhood education program or in which children in grades kindergarten through twelve are educated shall prohibit smoking, the use of snuff, chewing tobacco or any other form of tobacco product in the 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. Career and technology centers may designate 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. An educational facility may designate smoking areas outside the buildings for the use of adults during certain activities or functions, including, but not limited to, athletic contests.  C. Nothing in this section shall be construed to prohibit educational facilities from having more restrictive policies regarding smoking and the use of other 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 is prohibited in all vehicles owned by the State of Oklahoma and all of its agencies and instrumentalities.  F. An employer not otherwise restricted from doing so may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside, in such manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking room shall be located within fifteen (15) feet of any entrance, exit or air intake. If smoking is to be permitted in any space exempted in subsection G of this section or in a smoking room pursuant to subsection H of this section, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit or air intake.  G. The Smoking in Public Places and Indoor Workplaces Act shall not prohibit 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 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;  8. Workplaces within private residences, except that smoking 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, smoking 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 smoking is integral to the research or treatment.  H. Notwithstanding any other provision of the Smoking in Public Places and Indoor Workplaces Act, until March 1, 2006, restaurants may have designated 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 smoking rooms. Food and beverage may be served in such designated smoking rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so 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.    •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 smoking in public places:  1. Post signs at entrances to places where smoking is prohibited which state that smoking is prohibited or that the indoor environment is free of tobacco smoke; and  2. Ask smokers to refrain from smoking upon observation of anyone violating the provisions of this act.  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.    •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, 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.    •6311527. 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.    Added by Laws 1987, c. 151, • 7, eff. Nov. 1, 1987.   •6311601. 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 363; (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 byproduct 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 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 twentyfour (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 abovenamed 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 selfpressurized 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, 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.   •6311602. 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 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.   •6311603. 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 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.   •6311604. 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.   •6311605. 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.   •6311606. 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.   •6311607. 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.   •6311608. 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.   •6311609. Right of access Inspections.  The State Commissioner of Health or his dulyauthorized 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.   •6311610. 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 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.   •6311611. 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, Sec. 1611.    Laws 1963, c. 325, art. 16, • 1611.   •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 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.  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.    •6311701.1B. 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 1833, 1839 or 12012.2 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.    •6311702. 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 the expiration date thereof in which to renew the same, without penalty; and if he fails to pay the renewal fee within such thirtyday 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.    •6311703. 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.   •6311704. 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.  •6311708. 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 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.  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.  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 2009, c. 228, • 87, eff. Nov. 1, 2009.  •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.  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.  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. 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 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 facility or requesting clinical privileges or other permission to provide health care services at a health care facility,  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 facility during the credentialing or recredentialing process regarding such application, and  d.  the decision made by the health care facility regarding such application;  2. “Credentialing or recredentialing process” means any process, program or proceeding utilized by a health care facility to assess, review, study or evaluate the credentials of a health care professional;  3. “Health care facility” 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, and  c.  the clinical practices of accredited allopathic and osteopathic state medical schools;  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