2013 Oklahoma Statutes
Title 63 - Public Health and Safety


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<html> <head> <STYLE type="text/css"> body {padding-left:90pt;width:612pt} p {margin-top:0pt;margin-bottom:0pt} .cls0 {font-size:12pt;font-family:'Courier New', monospace;} .cls2 {margin-left:100pt;} .cls15 {margin-left:100pt;margin-right:4pt;} .cls32 {margin-left:102pt;} .cls21 {margin-left:108pt;} .cls25 {margin-left:114pt;} .cls3 {margin-left:136pt;} .cls28 {margin-left:144pt;} .cls29 {margin-left:162pt;} .cls27 {margin-left:168pt;} .cls8 {margin-left:172pt;} .cls26 {margin-left:174pt;} .cls12 {margin-left:208pt;} .cls33 {margin-left:264pt;} .cls6 {margin-left:28pt;} .cls9 {margin-left:36pt;} .cls20 {margin-left:43pt;margin-right:244pt;} .cls18 {margin-left:58pt;margin-right:127pt;} .cls19 {margin-left:58pt;margin-right:132pt;} .cls4 {margin-left:64pt;} .cls10 {margin-left:72pt;} .cls5 {margin-left:72pt;margin-right:72pt;} .cls24 {margin-left:78pt;} .cls30 {margin-left:79pt;} .cls31 {margin-left:7pt;} .cls17 {margin-left:93pt;} .cls7 {margin-right:-3pt;} .cls13 {margin-right:10pt;} .cls23 {margin-right:14pt;} .cls14 {margin-right:4pt;} .cls11 {margin-right:54pt;} .cls16 {margin-right:8pt;} .cls22 {text-align:center;} .cls1 {text-align:justify;} </STYLE> <title>&sect;63 1 101</title> </head> <body> <p><span class="cls0">&sect;631101. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known as the Oklahoma Public Health Code.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 1, &sect; 101. &nbsp;</span></p> <p><span class="cls0">&sect;631102. Definitions of terms used in Code.&nbsp;</span></p> <p><span class="cls0">As used in this Code, unless the context requires otherwise:&nbsp;</span></p> <p><span class="cls0">(a) The term "Board" means the State Board of Health.&nbsp;</span></p> <p><span class="cls0">(b) The term "Department" means the State Department of Health.&nbsp;</span></p> <p><span class="cls0">(c) the term "Commissioner" means the State Commissioner of Health.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 1, &sect; 102. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-103. State Board of Health created.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 1, &sect; 103, operative July 1, 1963. Amended by Laws 1987, c. 118, &sect; 51, operative July 1, 1987; Laws 1997, c. 238, &sect; 1, eff. Nov. 1, 1997; Laws 2002, c. 230, &sect; 1, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-103a. Short title - Oklahoma Public Health Advisory Council Modernization Act.&nbsp;</span></p> <p><span class="cls0">Section 44 of this act shall be known and may be cited as the "Oklahoma Public Health Advisory Council Modernization Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 229, &sect; 43, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-103a.1. Public Health Advisory Councils.&nbsp;</span></p> <p><span class="cls0">A. To assist and advise the State Board of Health and the State Department of Health, there are hereby created:&nbsp;</span></p> <p><span class="cls0">1. The Consumer Protection Licensing Advisory Council;&nbsp;</span></p> <p><span class="cls0">2. The Trauma and Emergency Response Advisory Council;&nbsp;</span></p> <p><span class="cls0">3. The Infant and Children's Health Advisory Council;&nbsp;</span></p> <p><span class="cls0">4. The Advancement of Wellness Advisory Council; and&nbsp;</span></p> <p><span class="cls0">5. The Home Care and Hospice Advisory Council.&nbsp;</span></p> <p><span class="cls0">B. 1. Each Public Health Advisory Council (Advisory Council) created pursuant to subsection A of this section shall consist of seven (7) members. Two members shall be appointed by the Governor, two members shall be appointed by the Speaker of the House of Representatives, two members shall be appointed by the President Pro Tempore of the Senate, and one member shall be appointed by the State Board of Health. Appointments shall be for three-year terms. Members of the Advisory Councils shall serve at the pleasure of and may be removed from office by the appointing authority. Members shall continue to serve until their successors are appointed. Any vacancy shall be filled in the same manner as the original appointments. Four members shall constitute a quorum.&nbsp;</span></p> <p><span class="cls0">2. Each Advisory Council shall meet at least twice a year, but no more than four times a year and shall elect a chair, a vice-chair and a secretary from among its members. Each Advisory Council shall only meet as required for election of officers, establishment of meeting dates and times; rule development, review and recommendation; and adoption of nonbinding resolutions to the State Department of Health or the State Board of Health concerning matters brought before the Advisory Council. Special meetings may be called by the chair or by the concurrence of any three members.&nbsp;</span></p> <p><span class="cls0">C. 1. All members of the Consumer Protection Licensing Advisory Council shall be knowledgeable of certain consumer issues as specified below. The Consumer Protection Licensing Advisory Council shall be composed as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the Governor shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member who is a licensed radiologist assistant, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member who is a licensed audiologist,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the President Pro Tempore of the Senate shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member who is a licensed radiologist, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member representing the hearing aid fitting industry,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the Speaker of the House of Representatives shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member representing the medical micropigmentation industry, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member representing the hearing-impaired public, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the State Board of Health shall appoint one member representing a diagnostic x-ray facility.&nbsp;</span></p> <p><span class="cls0">2. The jurisdiction areas of the Consumer Protection Licensing Advisory Council shall include the hearing-aid-fitting industry, the medical micropigmentation industry, the radiation industry and such other areas as designated by the State Board of Health.&nbsp;</span></p> <p><span class="cls0">D. 1. All members of the Trauma and Emergency Response Advisory Council shall be knowledgeable of issues that arise in a hospital setting and issues that arise concerning emergency response. The Trauma and Emergency Response Advisory Council shall be composed as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the Governor shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member who is an administrative director of a licensed ambulance service, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member who is a Board Certified Emergency Physician,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the President Pro Tempore of the Senate shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member who is a representative from a hospital with trauma and emergency services, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member who is a trauma surgeon with privileges at a hospital with trauma and emergency operative services,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the Speaker of the House of Representatives shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member representing the trauma registrar of a licensed hospital that is classified as providing trauma and emergency operative services, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member who is an Emergency Medical Technician, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the State Board of Health shall appoint one member who is a critical care nurse.&nbsp;</span></p> <p><span class="cls0">2. The jurisdictional areas of the Trauma and Emergency Response Advisory Council shall include emergency response systems development, injury prevention, catastrophic health emergency, trauma systems improvement and development and such other areas designated by the State Board of Health.&nbsp;</span></p> <p><span class="cls0">E. 1. All members of the Infant and Children's Health Advisory Council shall be knowledgeable of issues that arise in the area of infant and children's health care. The Infant and Children's Health Advisory Council shall be composed as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the Governor shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member who works for the state or for a political subdivision on child abuse issues, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member who is knowledgeable about childhood immunizations,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the President Pro Tempore of the Senate shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member who is knowledgeable about newborn screening issues, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member licensed by the state as an optometrist who has knowledge of vision screening for children,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the Speaker of the House of Representatives shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member who is licensed by the state as a physician and works as a pediatrician, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member who is licensed by the state as a genetic counselor, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the State Board of Health shall appoint one member who is a physician licensed by the state who specializes in the diagnosis and treatment of childhood injuries in a trauma setting.&nbsp;</span></p> <p><span class="cls0">2. The jurisdictional areas of the Infant and Children's Health Advisory Council shall include all issues that arise in the area of health care for infants and children and such other areas as designated by the State Board of Health.&nbsp;</span></p> <p><span class="cls0">F. 1. All members of the Advancement of Wellness Advisory Council shall be knowledgeable of issues that arise in the area of advancing the health of all Oklahomans. The Advancement of Wellness Advisory Council shall be composed as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the Governor shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member who is knowledgeable about breast and cervical cancer issues, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member who is knowledgeable about organ donor issues,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the President Pro Tempore of the Senate shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member who is mayor of a city or town that has been designated a certified healthy community in an urban setting, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member who is the president or chief operating officer of a business that has been designated a certified healthy business,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the Speaker of the House of Representatives shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member who is the mayor of a city or town that has been designated a certified healthy community in a rural setting, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member who is the president or chief operating officer of a business that has been designated a certified healthy business in an urban setting, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the State Board of Health shall appoint one member who is the Executive Director of the Tobacco Settlement Endowment Trust.&nbsp;</span></p> <p><span class="cls0">2. The jurisdictional areas of the Advancement of Wellness Advisory Council shall include all issues that arise in the areas of tobacco usage and cessation, organ and tissue donation, the requirements for a city or town in the state to be designated as a certified healthy community, the requirements for a business to be designated as a certified healthy business and such other areas as designated by the State Board of Health.&nbsp;</span></p> <p><span class="cls0">G. 1. All members of the Home Care and Hospice Advisory Council shall be knowledgeable of issues that arise in the administration and practice of home care and hospice services. The Home Care and Hospice Advisory Council shall be composed as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the Governor shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member who is the owner or administrator of an entity licensed in accordance with the Oklahoma Hospice Licensing Act, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member who is an owner or administrator of an entity licensed in accordance with the Oklahoma Home Care Act,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the President Pro Tempore of the Senate shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member who is an owner or administrator of an entity licensed in accordance with the Oklahoma Hospice Licensing Act, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member who is an owner or administrator of an entity licensed in accordance with the Oklahoma Home Care Act,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the Speaker of the House of Representatives shall appoint:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;one member representing the public who is or was a legal guardian of a recipient of hospice services, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;one member representing the public who is a recipient or legal guardian of a recipient of services from a home health agency, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the State Board of Health shall appoint one member representing an association which advocates on behalf of home care or hospice issues.&nbsp;</span></p> <p><span class="cls0">2. The jurisdictional areas of the Home Care and Hospice Advisory Council shall include all issues that arise in the areas of home care or hospice services, and such other areas as designated by the State Board of Health.&nbsp;</span></p> <p><span class="cls0">H. In addition to other powers and duties assigned to each Advisory Council pursuant to this section, each Advisory Council, within its jurisdictional area, shall:&nbsp;</span></p> <p><span class="cls0">1. Have authority to recommend to the State Board of Health rules on behalf of the State Department of Health. The State Department of Health shall not have standing to recommend to the State Board of Health permanent rules or changes to such rules within the jurisdiction of an Advisory Council which have not been submitted previously to the appropriate Advisory Council for action;&nbsp;</span></p> <p><span class="cls0">2. Before recommending any permanent rules to the State Board of Health, give public notice, offer an opportunity for public comment and conduct a public rulemaking hearing when required by the Administrative Procedures Act;&nbsp;</span></p> <p><span class="cls0">3. Have the authority to make nonbinding written recommendations to the State Board of Health and/or to the State Department of Health which have been concurred upon by at least a majority of the membership of the Advisory Council;&nbsp;</span></p> <p><span class="cls0">4. Have the authority to provide a public forum for the discussion of issues it considers relevant to its area of jurisdiction, and to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;pass nonbinding resolutions expressing the sense of the Advisory Council, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;make recommendations to the State Board of Health or the State Department of Health concerning the need and the desirability of conducting meetings, workshops and seminars; and&nbsp;</span></p> <p><span class="cls0">5. Cooperate with each other Advisory Council, the public, the State Board of Health and the Commissioner of Health in order to coordinate the rules within their respective jurisdictional areas and to achieve maximum efficiency and effectiveness in furthering the objectives of the State Department of Health.&nbsp;</span></p> <p><span class="cls0">I. The Advisory Councils shall not recommend rules for promulgation by the State Board of Health unless all applicable requirements of the Administrative Procedures Act have been followed, including but not limited to notice, rule-impact statement and rulemaking hearings.&nbsp;</span></p> <p><span class="cls0">J. Members of the Advisory Councils shall serve without compensation but may be reimbursed expenses incurred in the performance of their duties, as provided in the State Travel Reimbursement Act. The Advisory Councils are authorized to utilize the conference rooms of the State Department of Health and obtain administrative assistance from the State Department of Health, as required.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 229, &sect; 44, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-104. State Board of Health &ndash; Officers &ndash; Government &ndash; Travel expenses &ndash; Powers and duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Board shall have the following powers and duties:&nbsp;</span></p> <p><span class="cls0">1. Appoint and fix the compensation of a State Commissioner of Health;&nbsp;</span></p> <p><span class="cls0">2. Adopt such rules and standards as it deems necessary to carry out any of the provisions of this Code;&nbsp;</span></p> <p><span class="cls0">3. Accept and disburse grants, allotments, gifts, devises, bequests, funds, appropriations, and other property made or offered to it; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 1, &sect; 104, operative July 1, 1963. Amended by Laws 1976, c. 136, &sect; 1, operative July 1, 1976; Laws 1985, c. 178, &sect; 42, operative July 1, 1985; Laws 1997, c. 238, &sect; 2, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631105. State Department of Health created.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 1, &sect; 105. &nbsp;</span></p> <p><span class="cls0">&sect;631105a. Liability insurance for certain employees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1982, c. 299, &sect; 17, emerg. eff. May 28, 1982. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-105b. Soliciting residents for nursing care facilities.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 340, &sect; 10, eff. July 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-105c. Conflicts of interest.&nbsp;</span></p> <p><span class="cls0">A. The State Department of Health shall:&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;ownership or investment interest by the employee or a member of the employee&rsquo;s immediate family represented by equity, debt or other financial relationship in a long-term care facility or a long-term care service,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;employment by, under contract to, or participation by the employee or a member of the employee&rsquo;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the receipt or the right of the employee or a member of the employee&rsquo;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&nbsp;</span></p> <p><span class="cls0">2. Establish and specify, in writing, mechanisms to identify and remove conflicts of interest referred to in this section including, but not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the methods by which the Department will examine individuals and members of the individuals' immediate family members to identify the conflicts, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the actions that the Department will require the individuals and such family members to take to eliminate such conflicts.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, the term &ldquo;immediate family&rdquo; means:&nbsp;</span></p> <p><span class="cls0">1. The spouse of the employee;&nbsp;</span></p> <p><span class="cls0">2. The parents of the spouse of the employee;&nbsp;</span></p> <p><span class="cls0">3. A child by birth or adoption;&nbsp;</span></p> <p><span class="cls0">4. A stepchild;&nbsp;</span></p> <p><span class="cls0">5. A parent;&nbsp;</span></p> <p><span class="cls0">6. A grandparent;&nbsp;</span></p> <p><span class="cls0">7. A grandchild;&nbsp;</span></p> <p><span class="cls0">8. A sibling of the employee;&nbsp;</span></p> <p><span class="cls0">9. The spouse of any immediate family member specified in this subsection; or&nbsp;</span></p> <p><span class="cls0">10. Such other relationship deemed necessary by the State Board of Health as determined by rule.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 340, &sect; 11, eff. July 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-105d. Tobacco Prevention and Cessation Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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, Chapter 340, O.S.L. 2000. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 340, &sect; 20, eff. July 1, 2000. Amended by Laws 2012, c. 304, &sect; 472.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from &sect; 105d of this title to provide consistency in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-105e. Duties of Department of Health.&nbsp;</span></p> <p><span class="cls0">A. The State Department of Health shall:&nbsp;</span></p> <p><span class="cls0">1. Perform duties and responsibilities as directed by the State Commissioner of Health to ensure compliance with relevant provisions of this act; &nbsp;</span></p> <p><span class="cls0">2. Fix and collect fees for the certification of compliance of health maintenance organizations pursuant to the provisions of Section 6907 of Title 36 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">3. Perform any and all health-related services, within the scope of practice, as prescribed by state law, by the State Board of Health, or by standards of care for medical services. When the Department provides a health-related service to any person covered by an applicable health insurance plan, the Department may submit a claim for said service to the appropriate insurance company, health maintenance organization or preferred provider organization. Upon receipt of the claim, said insurance company, health maintenance organization or preferred provider organization shall reimburse the Department for the service provided in accordance with the standard and customary rate schedule established by the plan. All health insurance plans doing business in Oklahoma shall recognize the public health service delivery model utilized by the Department, as an appropriate provider of services for reimbursement.&nbsp;</span></p> <p><span class="cls0">B. All actions of the Department shall be subject to the provisions of the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">C. Fees and insurance reimbursement payments collected shall be deposited in the Public Health Special Fund in the State Treasury.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 197, &sect; 54, eff. Nov. 1, 2003. Amended by Laws 2011, c. 105, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-105f. Office of Accountability Systems.&nbsp;</span></p> <p><span class="cls0">A. The Office of Accountability Systems of the State Department of Health (OAS) shall have the authority to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. Request assistance from other state, federal and local government agencies;&nbsp;</span></p> <p><span class="cls0">4. Issue administrative subpoenas for the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence;&nbsp;</span></p> <p><span class="cls0">5. Administer to or take from any current or former employee of the State Department of Health an oath, affirmation, or affidavit;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">7. Cause to be issued on behalf of OAS credentials, including an identification card with the State Seal; and&nbsp;</span></p> <p><span class="cls0">8. Keep confidential all actions and records relating to OAS complaints.&nbsp;</span></p> <p><span class="cls0">B. It shall be the duty and responsibility of the Director and staff of the Office of Accountability Systems to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 101, &sect; 1, eff. July 1, 2006. Amended by Laws 2008, c. 119, &sect; 1, emerg. eff. May 5, 2008; Laws 2011, c. 105, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-106. State Commissioner of Health - Qualifications - Powers and duties.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Possession of a Doctor of Medicine Degree and a license to practice medicine in this state;&nbsp;</span></p> <p><span class="cls0">2. Possession of an Osteopathic Medicine Degree and a license to practice medicine in this state;&nbsp;</span></p> <p><span class="cls0">3. Possession of a Doctoral degree in Public Health or Public Health Administration; or&nbsp;</span></p> <p><span class="cls0">4. Possession of a Master of Science Degree and a minimum of five (5) years of supervisory experience in the administration of health services.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner shall have the following powers and duties, unless otherwise directed by the State Board of Health:&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 1, &sect; 106, operative July 1, 1963. Amended by Laws 1980, c. 159, &sect; 17, emerg. eff. April 2, 1980; Laws 1986, c. 148, &sect; 1, emerg. eff. April 29, 1986; Laws 1987, c. 118, &sect; 52, operative July 1, 1987; Laws 1987, c. 225, &sect; 42, eff. July 1, 1987; Laws 1991, c. 293, &sect; 4, emerg. eff. May 30, 1991; Laws 1995, c. 230, &sect; 20, eff. July 1, 1995; Laws 1997, c. 238, &sect; 3, eff. Nov. 1, 1997; Laws 2004, c. 456, &sect; 1, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-106.1. Fee schedule for licenses, permits and other health services.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. The Board shall charge fees only within the following ranges, except as may be otherwise provided for in this title.&nbsp;</span></p> <p class="cls4"><span class="cls0">For license or permit issuance: $50.00 to $2,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">For license or permit renewal: $10.00 to $500.00&nbsp;</span></p> <p class="cls4"><span class="cls0">For health services: $25.00 to $250.00&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 162, &sect; 2, emerg. eff. May 1, 1984. Amended by Laws 1987, c. 206, &sect; 16, operative July 1, 1987; Laws 1987, c. 236, &sect; 2, emerg. eff. July 20, 1987; Laws 1991, c. 293, &sect; 1, emerg. eff. May 30, 1991; Laws 1991, c. 335, &sect; 22, emerg. eff. June 15, 1991; Laws 1992, c. 215, &sect; 20, emerg. eff. May 15, 1992; Laws 1992, c. 373, &sect; 12, eff. July 1, 1992; Laws 1993, c. 145, &sect; 308, eff. July 1, 1993; Laws 2005, c. 282, &sect; 1, emerg. eff. June 6, 2005.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1991, c. 287, &sect; 10 repealed by Laws 1991, c. 335, &sect; 37, emerg. eff. June 15, 1991. Laws 1992, c. 183, &sect; 1 repealed by Laws 1992, c. 373, &sect; 22, eff. July 1, 1992. Laws 1993, c. 163, &sect; 1 repealed by Laws 1993, c. 324, &sect; 58, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-106.2. Uniform application to be used in credentialing process.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Initial privileges or membership in a hospital, managed care organization, or other entity requiring credentials verification; and&nbsp;</span></p> <p><span class="cls0">2. Recredentialing or reappointment in a hospital, managed care organization, or other entity requiring credentials verification.&nbsp;</span></p> <p><span class="cls0">B. Any entity requiring credentials verification may require supplemental information.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 210, &sect; 1, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-106.3. Oklahoma Food Service Advisory Council.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Advise the State Board of Health, the State Commissioner of Health, and the Department regarding food service establishments; and&nbsp;</span></p> <p><span class="cls0">2. Recommend actions to improve sanitation and consumer protection.&nbsp;</span></p> <p><span class="cls0">B. The Advisory Council shall have the duty and authority to:&nbsp;</span></p> <p><span class="cls0">1. Review and approve in an advisory capacity only rules and standards for food service establishments operating in this state;&nbsp;</span></p> <p><span class="cls0">2. Evaluate, review and make recommendations regarding Department inspection activities; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma Food Service Advisory Council shall be composed of thirteen (13) members as follows:&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one member shall represent the Oklahoma Restaurant Association,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;one member shall represent the Oklahoma Hotel and Motel Association,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;one member shall represent the Oklahoma Grocers Association,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;one member shall represent food service education,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;one member shall represent food processing education,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;one member shall be an independent food service operator,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;one member shall be a food processor, and&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;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&nbsp;</span></p> <p><span class="cls0">2. The remaining appointments shall consist of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the Director of the Oklahoma City-County Health Department, or a designee,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the Director of the Tulsa City-County Health Department, or a designee,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;two directors from other county health departments in this state or a designee, appointed by the Commissioner, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the Director of the State Department of Agriculture, or a designee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 290, &sect; 1, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-107. Public Health Special Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund to be known as the Public Health Special Fund. All monies, fees and revenues collected, authorized or received from any source by the State Commissioner of Health or the State Department of Health under the provisions of this Code or any other law or any agreement shall, unless otherwise expressly provided in this Code or other law, be placed in said fund. Said fund shall be a continuing fund not subject to fiscal year limitations. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Commissioner for the purpose of maintaining and operating the State Department of Health, and in administering and executing the laws pertaining to the duties and functions of the State Department of Health. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 1, &sect; 107, operative July 1, 1963. Amended by Laws 1986, c. 312, &sect; 13, operative July 1, 1986; Laws 2012, c. 304, &sect; 473. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-107.1. Repealed by Laws 2002, c. 3, &sect; 25, emerg. eff. Feb. 15, 2002.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-107.1A. Eldercare Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health for operation of local Eldercare case management programs. A full accounting of the expenditures of the program shall be sent to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor by January 15 of each year. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">C. The Eldercare Revolving Fund shall not be used for the costs the State Department of Health incurs in administering the local programs.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 3, &sect; 8, emerg. eff. Feb. 15, 2002. Amended by Laws 2012, c. 304, &sect; 474. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-107.2. Vaccine Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Vaccine Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Department of Health for the purchase of vaccines. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 336, &sect; 7, eff. July 1, 1992. Amended by Laws 2012, c. 304, &sect; 475.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-107.3. Health Department Media Campaign Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 269, &sect; 9, eff. Sept. 1, 1993. Amended by Laws 2012, c. 304, &sect; 476.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-107.4. Oklahoma Department of Health Civil Monetary Penalty Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a fund for the State Department of Health to be designated the "Oklahoma Department of Health Civil Monetary Penalty Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations. It shall consist of monies received by the State Department of Health which emanate from fines and assessments against Oklahoma nursing homes and other long-term and non-long-term care facilities found to be noncompliant with federal conditions of participation.&nbsp;</span></p> <p><span class="cls0">B. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health at the discretion of the Commissioner of Health for the protection of the health or property of residents of nursing facilities.&nbsp;</span></p> <p><span class="cls0">C. All expenditures shall be in compliance with requirements of the Centers for Medicare and Medicaid Services. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">D. The Commissioner of Health may request the Director of the Office of Management and Enterprise Services to transfer monies between the Oklahoma Department of Health Civil Monetary Penalty Revolving Fund and any other fund of the Department, as needed for the proper expenditure of funds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 258, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631108. Federal funds Grants and donations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 1, &sect; 108. &nbsp;</span></p> <p><span class="cls0">&sect;631109. Right to choose practitioner.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 1, &sect; 109. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-110.1. Children First Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the "Children First Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health for operation of Children First family resource programs. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Age and marital status of parent(s);&nbsp;</span></p> <p><span class="cls0">2. Household composition of families served;&nbsp;</span></p> <p><span class="cls0">3. Number of families accepted into the program, by location, and average length of time enrolled;&nbsp;</span></p> <p><span class="cls0">4. Referrals made on behalf of families not accepted into the program; and&nbsp;</span></p> <p><span class="cls0">5. Average actual expenditures per child during the most recent state fiscal year.&nbsp;</span></p> <p><span class="cls0">C. Projects shall comply with the uniform components of the State Plan for the Prevention of Child Abuse. &nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 375, &sect; 1, eff. Sept. 1, 1997. Amended by Laws 1998, c. 392, &sect; 5, eff. Sept. 1, 1998; Laws 2001, c. 356, &sect; 5, emerg. eff. June 4, 2001; Laws 2003, c. 103, &sect; 1, eff. Nov. 1, 2003; Laws 2012, c. 304, &sect; 477.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-111.1. Repealed by Laws 2004, c. 29, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-114.1. Comprehensive Childhood Lead Poisoning Prevention Program.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the Comprehensive Childhood Lead Poisoning Prevention Program to be administered by the State Department of Health.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Health, giving consideration to the recommendations of the Infant and Children's Health Advisory Council created in Section 44 of this act, shall promulgate rules for:&nbsp;</span></p> <p><span class="cls0">1. Lead toxicity screening of children ages six (6) months to seventy-two (72) months;&nbsp;</span></p> <p><span class="cls0">2. The performance of verbal risk assessments on children ages six (6) months to seventy-two (72) months;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Setting standards for any developmental assessments for a child identified as being lead poisoned;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. The determination of risk for each child tested;&nbsp;</span></p> <p><span class="cls0">7. Detailing the diagnosis, treatment and follow-up services needed pursuant to the provisions of this act;&nbsp;</span></p> <p><span class="cls0">8. Providing for health education and counseling related to childhood lead poisoning to parents and children; and&nbsp;</span></p> <p><span class="cls0">9. Assessments and lead hazard control as part of the treatment and follow-up for a child identified as being lead poisoned.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 158, &sect; 1, eff. Sept. 1, 1994. Amended by Laws 2013, c. 229, &sect; 45, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-114.2. Dental Health Service.&nbsp;</span></p> <p><span class="cls0">A. The Dental Health Service is hereby created within the State Department of Health.&nbsp;</span></p> <p><span class="cls0">B. The Dental Health Service shall:&nbsp;</span></p> <p><span class="cls0">1. Plan, direct and coordinate all dental public health programs with local, state, and national health programs;&nbsp;</span></p> <p><span class="cls0">2. Advise the Department on matters involving oral health; and&nbsp;</span></p> <p><span class="cls0">3. Plan, implement, and evaluate all oral health programs within the Department.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 122, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-115. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Oklahoma Health Care Information System Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 347, &sect; 1, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-116. Definitions.&nbsp;</span></p> <p><span class="cls0">When used in the Oklahoma Health Care Information System Act:&nbsp;</span></p> <p><span class="cls0">1. "Board" means the State Board of Health;&nbsp;</span></p> <p><span class="cls0">2. "Commissioner" means the State Commissioner of Health;&nbsp;</span></p> <p><span class="cls0">3. "Department" means the State Department of Health;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">9. "Division" means the Division of Health Care Information; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 347, &sect; 2, eff. Sept. 1, 1992. Amended by Laws 1993, c. 332, &sect; 15; Laws 1994, c. 350, &sect; 1, eff. Sept. 1, 1994; Laws 1998, c. 389, &sect; 3, eff. July 1, 1998; Laws 2000, c. 52, &sect; 5, emerg. eff. April 14, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-117. Legislative findings - Intent.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 347, &sect; 3, eff. Sept. 1, 1992. Amended by Laws 1998, c. 389, &sect; 4, eff. July 1, 1998; Laws 2000, c. 332, &sect; 1, eff. July 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-118. Division of Health Care Information - Powers and duties.&nbsp;</span></p> <p><span class="cls0">A. The Division of Health Care Information is hereby created within the State Department of Health.&nbsp;</span></p> <p><span class="cls0">B. The Division shall:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Establish and maintain a uniform health care information system;&nbsp;</span></p> <p><span class="cls0">3. Analyze health care data submitted including, but not limited to, geographic mapping of disease entities;&nbsp;</span></p> <p><span class="cls0">4. Provide for dissemination of health care data to users and consumers;&nbsp;</span></p> <p><span class="cls0">5. Provide for the training and education of information providers regarding processing and maintenance and methods of reporting required information;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. Contract with other public or private entities for the purpose of collecting, processing or disseminating health care data; and&nbsp;</span></p> <p><span class="cls0">9. Build and maintain the data base.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The rules shall include, but not be limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;adequate measures to provide system security for all data and information acquired pursuant to the Oklahoma Health Care Information System Act,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;adequate procedures to ensure confidentiality of patient records,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;charges for users for the cost of data preparation for information that is beyond the routine data disseminated by the office, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;time limits for the submission of data by information providers.&nbsp;</span></p> <p><span class="cls0">D. The Division shall adopt standard nationally recognized coding systems to ensure quality in receiving and processing data.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s database or while used by a contractor.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Analyze the information;&nbsp;</span></p> <p><span class="cls0">2. Prepare policy-related and other analytical reports as determined necessary for purposes of this act; and&nbsp;</span></p> <p><span class="cls0">3. Protect the encryption and confidentiality of the data.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 347, &sect; 4, eff. Sept. 1, 1992. Amended by Laws 1993, c. 332, &sect; 16; Laws 1998, c. 389, &sect; 5, eff. July 1, 1998; Laws 2000, c. 332, &sect; 2, eff. July 1, 2000; Laws 2001, c. 353, &sect; 1, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-119. Collection of health care data.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The information to be collected about information providers may include, but shall not be limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;service information including, but not limited to, occupancy, capacity, and special and ancillary services,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;physician profiles in the aggregate by clinical specialties and nursing services,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;ambulatory care data including, but not limited to, provider-specific and encounter data.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the accuracy of the data or information submitted,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;liability for release of the data or information to the Division, data processor or as otherwise authorized by this section, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the preservation of confidentiality of such data or information until submitted to the Division.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 347, &sect; 5, eff. Sept. 1, 1992. Amended by Laws 1993, c. 332, &sect; 17; Laws 1994, c. 350, &sect; 2, eff. Sept. 1, 1994; Laws 1996, c. 221, &sect; 5, eff. Nov. 1, 1996; Laws 1998, c. 389, &sect; 6, eff. July 1, 1998; Laws 2000, c. 332, &sect; 3, eff. July 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-120. Confidentiality of data - Disclosure upon court order - Immunity from liability.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">H. Any person who violates the confidentiality provisions of this section shall be punishable by a fine of Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 347, &sect; 6, eff. Sept. 1, 1992. Amended by Laws 1993, c. 332, &sect; 18; Laws 1994, c. 350, &sect; 3, eff. Sept. 1, 1994; Laws 1998, c. 389, &sect; 7, eff. July 1, 1998; Laws 2001, c. 353, &sect; 2, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-121. Reports.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 347, &sect; 7, eff. Sept. 1, 1992. Amended by Laws 1993, c. 332, &sect; 19; Laws 1998, c. 389, &sect; 8, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-122. Health Care Information Advisory Committee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The Oklahoma State Chamber of Commerce;&nbsp;</span></p> <p><span class="cls0">2. The Oklahoma Hospital Association;&nbsp;</span></p> <p><span class="cls0">3. The Oklahoma State Medical Association;&nbsp;</span></p> <p><span class="cls0">4. The Oklahoma Osteopathic Association;&nbsp;</span></p> <p><span class="cls0">5. The Oklahoma AFL-CIO;&nbsp;</span></p> <p><span class="cls0">6. A statewide health care consumer coalition;&nbsp;</span></p> <p><span class="cls0">7. The Association of Oklahoma Life Insurance Companies;&nbsp;</span></p> <p><span class="cls0">8. The Oklahoma Health Care Association;&nbsp;</span></p> <p><span class="cls0">9. The Oklahoma Pharmaceutical Association;&nbsp;</span></p> <p><span class="cls0">10. The Oklahoma Dental Association;&nbsp;</span></p> <p><span class="cls0">11. The Oklahoma State Chiropractic Association;&nbsp;</span></p> <p><span class="cls0">12. The Oklahoma Optometric Association;&nbsp;</span></p> <p><span class="cls0">13. The Oklahoma Physical Therapy Association;&nbsp;</span></p> <p><span class="cls0">14. The Oklahoma Podiatric Medical Association;&nbsp;</span></p> <p><span class="cls0">15. The Oklahoma Psychological Association; and&nbsp;</span></p> <p><span class="cls0">16. The Oklahoma Association of Home Care.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 347, &sect; 8, eff. Sept. 1, 1992. Amended by Laws 1993, c. 332, &sect; 20; Laws 1994, c. 350, &sect; 4, eff. Sept. 1, 1994; Laws 1997, c. 238, &sect; 4, eff. Nov. 1, 1997; Laws 1998, c. 389, &sect; 9, eff. July 1, 1998; Laws 2001, c. 353, &sect; 3, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-123. Repealed by Laws 1994, c. 283, &sect; 23, eff. Sept. 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-123.1. Transfer of powers, duties, etc. from Oklahoma Health Care Authority to State Department of Health.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 389, &sect; 10, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-131. Health and medical information &ndash; Definitions - Advisory board.&nbsp;</span></p> <p><span class="cls0">A. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Electronic medical record&rdquo; or &ldquo;EMR&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Health data exchange&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Health information exchange&rdquo; or &ldquo;HIE&rdquo; means the electronic movement of health-related information among organizations according to nationally recognized standards for treatment purposes;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Health information technology&rdquo; or &ldquo;HIT&rdquo; means technology that allows comprehensive management of medical information and its secure exchange between health care consumers and providers for treatment purposes; and&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Hub&rdquo; means a registry, a data repository, or a patient identity manager.&nbsp;</span></p> <p><span class="cls0">B. 1. There is hereby created the &ldquo;Health Information Infrastructure Advisory Board&rdquo;.&nbsp;</span></p> <p><span class="cls0">2. The purpose of the advisory board shall be to advise and assist the Oklahoma Health Care Authority in:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;be researched and contain the best practices in electronic medical records systems and health information technologies,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;assist in the design of the health information infrastructure roadmap, which shall contain the state plan for the exchange of health information,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the determinations related to data elements to be collected, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;confidentiality of information,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;funding and implementation of the plan, which may include phased-in implementation, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;procedures for coordinating, monitoring, and improving data exchange that is compatible with current adopters of electronic medical record systems and health information technologies.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the Oklahoma Health Care Authority,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the State Department of Health,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the Department of Mental Health and Substance Abuse Services,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the Department of Human Services,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the State and Education Employees Group Insurance Board,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;the Insurance Department,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;the Department of Corrections, &nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;the State Department of Rehabilitative Services, and&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;the City-County Health Departments.&nbsp;</span></p> <p><span class="cls0">6. Vacancies occurring in the advisory board shall be filled by appointment of the director of the represented agency.&nbsp;</span></p> <p><span class="cls0">7. The member from the Oklahoma Health Care Authority shall chair the advisory board, and the Authority shall staff the advisory board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 276, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-132. Oklahoma Health Information Exchange Trust.&nbsp;</span></p> <p><span class="cls0">A. The state expressly approves the creation of a public trust to be named the &ldquo;Oklahoma Health Information Exchange Trust&rdquo;, also known as &ldquo;OHIET&rdquo;, of which the state shall be the beneficiary; provided, however, such approval shall be contingent upon satisfaction of the following conditions:&nbsp;</span></p> <p><span class="cls0">1. Finalizing the declaration of trust;&nbsp;</span></p> <p><span class="cls0">2. Adoption of the declaration of trust by an official action of the trustees of OHIET; and&nbsp;</span></p> <p><span class="cls0">3. Submission of OHIET for acceptance of the beneficial interest and approval as required by Section 177 of Title 60 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The approved declaration of trust shall:&nbsp;</span></p> <p><span class="cls0">1. Specify that OHIET shall be created as a public trust pursuant to Section 176 et seq. of Title 60 of the Oklahoma Statutes and shall have the same rights, responsibilities, and attributes as any public trust created under such laws;&nbsp;</span></p> <p><span class="cls0">2. Specify that the primary purpose of OHIET shall be to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;serve as Oklahoma&rsquo;s &ldquo;Qualified State-Designated Entity&rdquo; for purposes of any grants awarded pursuant to 42 U.S.C., Section 300jj-33 for purposes of facilitating and expanding the electronic movement and use of health information among organizations according to nationally recognized standards, and &nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;promote, develop, and sustain electronic health information exchanges at the state level; and&nbsp;</span></p> <p><span class="cls0">3. To the extent required by law, specify the adoption of bylaws and rules for the due and orderly administration and regulation of affairs of OHIET, which shall require approval in accordance with the provisions of the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">C. The approved declaration of trust shall also require the trustees of OHIET to establish an advisory board which shall make recommendations to the trustees. The advisory board shall include in its membership representatives of:&nbsp;</span></p> <p><span class="cls0">1. Health care providers, including providers that provide services to low income and underserved populations;&nbsp;</span></p> <p><span class="cls0">2. Health plans;&nbsp;</span></p> <p><span class="cls0">3. Patient or consumer organizations that represent the population to be served;&nbsp;</span></p> <p><span class="cls0">4. Health information technology vendors;&nbsp;</span></p> <p><span class="cls0">5. Health care purchasers and employers;&nbsp;</span></p> <p><span class="cls0">6. Public health agencies;&nbsp;</span></p> <p><span class="cls0">7. Health professions schools, universities, and colleges;&nbsp;</span></p> <p><span class="cls0">8. Clinical researchers;&nbsp;</span></p> <p><span class="cls0">9. Other users of health information technology, such as the support and clerical staff of providers and others involved in the care and care coordination of patients; and&nbsp;</span></p> <p><span class="cls0">10. Such other entities as may be determined appropriate by the Secretary of Health and Human Services pursuant to 42 U.S.C., Section 300jj-33.&nbsp;</span></p> <p><span class="cls0">D. OHIET shall have seven (7) trustees, three of which shall be appointed by the Governor, two of which shall be appointed by the President Pro Tempore of the Senate, and two of which shall be appointed by the Speaker of the House of Representatives.&nbsp;</span></p> <p><span class="cls0">E. The terms of the trustees shall be as follows:&nbsp;</span></p> <p><span class="cls0">1. Of the trustees first appointed, one member appointed by the Governor shall be appointed for a term of one (1) year, one member appointed by the President Pro Tempore of the Senate shall be appointed for a term of two (2) years, one member appointed by the Speaker of the House of Representatives shall be appointed for a term of three (3) years, one member appointed by the Governor shall be appointed for a term of four (4) years, one member appointed by the President Pro Tempore of the Senate shall be appointed for a term of five (5) years, one member appointed by the Speaker of the House of Representatives shall be appointed for a term of (5) years, and one member appointed by the Governor shall be appointed for a term of five (5) years; and&nbsp;</span></p> <p><span class="cls0">2. At the expiration of the term of each member and of each succeeding member, the entity who originally appointed such member shall appoint a successor who shall serve for a term of five (5) years. Whenever a vacancy on the trust occurs, the entity who originally appointed such member shall fill the same by appointment and the appointee shall hold office during the unexpired term. Each member shall hold office until the member&rsquo;s successor has been appointed and qualified.&nbsp;</span></p> <p><span class="cls0">F. The provisions of the Governmental Tort Claims Act shall apply to OHIET as a state-beneficiary public trust created pursuant to state law. OHIET shall also be immune from liability relating to the accuracy or completeness of any information submitted by a third party to any health information exchange operated by OHIET.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 388, &sect; 2, emerg. eff. June 7, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631201. County board of health Membership.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">(a) The State Commissioner of Health shall appoint one member, whose term shall expire on June 30, 1964, and each four (4) years thereafter.&nbsp;</span></p> <p><span class="cls0">(b) The State Commissioner of Health shall appoint another member, whose term shall expire on June 30, 1965, and each four (4) years thereafter.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 201. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-202. County board of health - Powers and duties.&nbsp;</span></p> <p><span class="cls0">The county board of health shall have the following powers and duties:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 2, &sect; 202. Amended by Laws 2009, c. 132, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631203. County superintendent of health Appointment Compensation.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 203. &nbsp;</span></p> <p><span class="cls0">&sect;631204. County superintendent of health Powers and Duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 204. &nbsp;</span></p> <p><span class="cls0">&sect;631205. County, district and cooperative departments of health Medical director contracts for public health services.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Laws 1971, c. 119, &sect; 2205. Amended by Laws 1990, c. 265, &sect; 36, operative July 1, 1990.&nbsp;</span></p> <p class="cls1"><span class="cls0"> &nbsp;</span></p> <p><span class="cls0">&sect;63-1-206. Functions of health departments.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Provide preventive services to the chronically ill and aged;&nbsp;</span></p> <p><span class="cls0">3. Maintain vital records and statistics;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. Nothing contained herein relating to pollution shall be in conflict with the existing jurisdiction of any other state environmental agency.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 2, &sect; 206, operative July 1, 1963. Amended by Laws 1967, c. 260, &sect; 2, emerg. eff. May 8, 1967; Laws 1993, c. 145, &sect; 303, eff. July 1, 1993; Laws 1995, c. 230, &sect; 1, eff. July 1, 1995; Laws 1998, c. 314, &sect; 9, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-206.1. Nonphysician services - Fees - Agreements to provide services - Disposition of funds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 266, &sect; 1, emerg. eff. April 29, 1968. Amended by Laws 1979, c. 117, &sect; 1; Laws 1984, c. 162, &sect; 1, emerg. eff. May 1, 1984; Laws 1993, c. 145, &sect; 304, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631207. Cooperative departments of health Agreements for.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 207. &nbsp;</span></p> <p><span class="cls0">&sect;631208. Funds for operation of health departments.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 208; Laws 1967, c. 260, &sect; 3, emerg. eff. May 8, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;631208.1. Regional guidance centers and services.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 370, &sect; 10; Laws 1967, c. 260, &sect; 4, emerg. eff. May 8, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-209. Cities and towns - Health authorities - Licensing and Inspection - Ordinances.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 2, &sect; 209, operative July 1, 1963. Amended by Laws 1993, c. 145, &sect; 305, eff. July 1, 1993; Laws 1995, c. 230, &sect; 2, eff. July 1, 1995; Laws 1998, c. 314, &sect; 10, eff. July 1, 1998; Laws 2009, c. 132, &sect; 2, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631209.1. County boards of health as sponsoring agency for National Health Service Corps assignees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1972, c. 184, &sect; 13, emerg. eff. April 7, 1972. &nbsp;</span></p> <p><span class="cls0">&sect;631210. Citycounty board of health in certain counties Membership.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 210. &nbsp;</span></p> <p><span class="cls0">&sect;631211. Organization Meetings Compensation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 211. &nbsp;</span></p> <p><span class="cls0">&sect;631212. Powers and duties of city county board of health.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 212. &nbsp;</span></p> <p><span class="cls0">&sect;631212.1. Peace officer certificates for certain employees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 206, &sect; 38, operative July 1, 1987; Laws 1987, c. 236, &sect; 24, emerg. eff. July 20, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-213. Board of county commissioners - Rules and regulations - Fees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 2, &sect; 213. Amended by Laws 2009, c. 132, &sect; 3, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-214. City-county health departments - Agreement for creation - Powers - Medical director and other employees.&nbsp;</span></p> <p><span class="cls0">A. The board of county commissioners of any county and the governing body of any city which qualify under Section 1-210 of this title shall enter into an agreement providing for the creation of a city-county health department, and such contracting bodies shall by agreement provide for the method of operation thereof, the selection of a director of such department, and the proportionate share of personnel and/or money that each shall contribute for the operation and support of such department.&nbsp;</span></p> <p><span class="cls0">B. Unless an agreement made pursuant to subsection A of this section specifically provides otherwise, any judgment against the city-county health department or the city-county board of health shall be treated as a judgment against the county and may be paid from a sinking fund established pursuant to Section 28 of Article X of the Oklahoma Constitution in the manner that other judgments against the county are paid.&nbsp;</span></p> <p><span class="cls0">C. Unless an agreement made pursuant to subsection A of this section specifically provides otherwise, a city-county health department shall have the power to own, acquire, lease, or dispose of real property in the performance of local public health functions, duties, and responsibilities.&nbsp;</span></p> <p><span class="cls0">D. The qualifications of the director shall be determined by the city-county board of health, with the advice of the State Commissioner of Health, and subject to approval by the governing body of the city and the board of county commissioners of the county. The director, with the approval of the city-county board of health, the board of county commissioners of the county, and the governing body of the city, or the city manager in cities having a managerial form of government, shall appoint other personnel of the department.&nbsp;</span></p> <p><span class="cls0">E. The employees of a city-county health department shall possess minimum qualifications as set forth in a system of personnel administration delineating job specifications and a compensation plan adopted by the city-county board of health, and approved by the State Commissioner of Health, the board of county commissioners and the governing body of the city. By March 1, 1991, the city-county health department shall establish a personnel, merit and promotion system 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.&nbsp;</span></p> <p><span class="cls0">F. Such city-county health department shall, under the supervision of the director, enforce and administer all municipal and county ordinances, rules and regulations, and all state laws, and rules and regulations of the State Board of Health pertaining to public health matters in the jurisdiction where it is created, or in any area where it has jurisdiction to operate by agreement.&nbsp;</span></p> <p><span class="cls0">G. A city-county health department may perform any and all health-related services, within the scope of practice, as prescribed by law, by the city-county board of health, or by standards of care for medical services. When a city-county health department provides a health-related service to any person covered by an applicable health insurance plan, the city-county health department may submit a claim for said service to the appropriate insurance company, health maintenance organization or preferred provider organization. Upon receipt of the claim, said insurance company, health maintenance organization or preferred provider organization shall reimburse the city-county health department for the service provided in accordance with the standard and customary rate schedule established by the plan. All health insurance plans, doing business in Oklahoma, shall recognize the public health service delivery model utilized by the city-county health department, as an appropriate provider of services for reimbursement. All insurance reimbursement payments collected shall become a part of the general revenue of the unit of government levying the same.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 2, &sect; 214, operative July 1, 1963. Amended by Laws 1990, c. 239, &sect; 1, eff. Sept. 1, 1990; Laws 2006, c. 279, &sect; 2, eff. Nov. 1, 2006; Laws 2010, c. 198, &sect; 1, eff. Nov. 1, 2010; Laws 2011, c. 105, &sect; 3, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-215. Duties of director of city-county health department.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 2, &sect; 215, operative July 1, 1963. Amended by Laws 1993, c. 145, &sect; 306, eff. July 1, 1993; Laws 1995, c. 285, &sect; 21, eff. July 1, 1995; Laws 1998, c. 314, &sect; 7, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-216. Agreements with other municipalities, agencies and organizations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 2, &sect; 216, operative July 1, 1963. Amended by Laws 1993, c. 145, &sect; 307, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631217. Fees Disposition.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 217. &nbsp;</span></p> <p><span class="cls0">&sect;631218. Annual budget.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 218. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-218.1. Travel expenses - Reimbursement - Payment by credit card.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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, &ldquo;actual expenses for travel&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 146, &sect; 1, emerg. eff. April 10, 1969. Amended by Laws 1974, c. 273, &sect; 1, emerg. eff. May 29, 1974; Laws 2008, c. 149, &sect; 3, emerg. eff. May 12, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631219. Child guidance programs, community mental health services and community facilities for mentally retarded authorized.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 219; Laws 1974, c. 265, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;631222.1. Governing boards Membership Tenure.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1974, c. 265, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;631222.2. Duties of governing boards.&nbsp;</span></p> <p><span class="cls0">The duties of each of the governing boards shall be:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. For the mental retardation board, the duties prescribed for the Oklahoma Welfare Commission by Sections 301 through 335, Title 43A, Oklahoma Statutes.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1974, c. 265, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;631222.3. Support of programs.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1974, c. 265, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;631222.4. Screening of minors to avoid duplication of services.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 206, &sect; 40, operative July 1, 1987; Laws 1987, c. 236, &sect; 26, emerg. eff. July 20, 1987; Amended by Laws 1990, c. 51, &sect; 129, emerg. eff. April 9, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631223. Constitutional levy for health department.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 223. &nbsp;</span></p> <p><span class="cls0">&sect;631224. Election on constitutional levy.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 224. &nbsp;</span></p> <p><span class="cls0">&sect;631225. Repeal of constitutional levy.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 225. &nbsp;</span></p> <p><span class="cls0">&sect;631226. Annual budget for health department.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 2, &sect; 226. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-227. Short title - Intent of Legislature - Office of Child Abuse Prevention created.&nbsp;</span></p> <p><span class="cls0">A. Sections 1-227 through 1-227.9 of this title shall be known and may be cited as the &ldquo;Child Abuse Prevention Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 216, &sect; 1, operative July 1, 1984. Amended by Laws 1990, c. 154, &sect; 1, eff. Sept. 1, 1990; Laws 2007, c. 147, &sect; 1, eff. July 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-227.1. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Child Abuse Prevention Act:&nbsp;</span></p> <p><span class="cls0">1. "Child abuse prevention" means services and programs designed to prevent the occurrence or recurrence of child abuse and neglect as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes but as limited by Section 844 of Title 21 of the Oklahoma Statutes. Except for the purpose of planning and coordination pursuant to the provisions of the Child Abuse Prevention Act, the services and programs of the Department of Human Services which are mandated by state law or which are a requirement for the receipt of federal funds with regard to deprived, destitute or homeless children shall not be subject to the provisions of the Child Abuse Prevention Act;&nbsp;</span></p> <p><span class="cls0">2. "Primary prevention" means programs and services designed to promote the general welfare of children and families;&nbsp;</span></p> <p><span class="cls0">3. "Secondary prevention" means the identification of children who are in circumstances where there is a high risk that abuse will occur and assistance, as necessary and appropriate, to prevent abuse or neglect from occurring;&nbsp;</span></p> <p><span class="cls0">4. "Tertiary prevention" means those services provided after abuse or neglect has occurred which are designed to prevent the recurrence of abuse or neglect;&nbsp;</span></p> <p><span class="cls0">5. "Department" means the State Department of Health;&nbsp;</span></p> <p><span class="cls0">6. "Director" means the Director of the Office of Child Abuse Prevention;&nbsp;</span></p> <p><span class="cls0">7. "Office" means the Office of Child Abuse Prevention;&nbsp;</span></p> <p><span class="cls0">8. "Commission" means the Oklahoma Commission on Children and Youth; and&nbsp;</span></p> <p><span class="cls0">9. "Child Abuse Prevention Fund" means the revolving fund established pursuant to Section 1-227.8 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 216, &sect; 2, operative July 1, 1984. Amended by Laws 1985, c. 299, &sect; 1, eff. Nov. 1, 1985; Laws 1990, c. 154, &sect; 2, eff. Sept. 1, 1990; Laws 2007, c. 147, &sect; 2, eff. July 1, 2007; Laws 2013, c. 229, &sect; 46, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-227.2. Power and duties of Office of Child Abuse Prevention.&nbsp;</span></p> <p><span class="cls0">A. The Office of Child Abuse Prevention, giving consideration to the recommendations of the Infant and Children's Health Advisory Council created in Section 44 of this act, is hereby authorized and directed to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;activities of the Office,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a summary detailing the demographic characteristics of families served including, but not limited to, the following:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;age and marital status of parent(s),&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;number and age of children living in the household,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;household composition of families served,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;number of families accepted into the program by grantee site and average length of time enrolled,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;number of families not accepted into the program and the reason therefor, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;average actual expenditures per family during the most recent state fiscal year,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;recommendations for the further development and improvement of services and programs for the prevention of child abuse and neglect, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;budget and program needs; and&nbsp;</span></p> <p><span class="cls0">3. Conduct or otherwise provide for or make available continuing professional education and training in the area of child abuse prevention.&nbsp;</span></p> <p><span class="cls0">B. For the purpose of implementing the provisions of the Child Abuse Prevention Act, the State Department of Health is authorized to:&nbsp;</span></p> <p><span class="cls0">1. Accept appropriations, gifts, loans and grants from the state and federal government and from other sources, public or private;&nbsp;</span></p> <p><span class="cls0">2. Enter into agreements or contracts for the establishment and development of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;programs and services for the prevention of child abuse and neglect,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;training programs for the prevention of child abuse and neglect, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;multidisciplinary and discipline specific training programs for professionals with responsibilities affecting children, youth and families; and&nbsp;</span></p> <p><span class="cls0">3. Secure necessary statistical, technical, administrative and operational services by interagency agreement or contract.&nbsp;</span></p> <p><span class="cls0">C. For the purpose of implementing the provisions of the Child Abuse Prevention Act, the State Board of Health, giving consideration to the recommendations of the Infant and Children's Health Advisory Council created in Section 44 of this act, is authorized to promulgate rules and regulations as necessary to implement the duties and responsibilities assigned to the Office of Child Abuse Prevention.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 216, &sect; 3, operative July 1, 1984. Amended by Laws 1990, c. 154, &sect; 3, eff. Sept. 1, 1990; Laws 2001, c. 356, &sect; 2, emerg. eff. June 4, 2001; Laws 2007, c. 147, &sect; 3, eff. July 1, 2007; Laws 2013, c. 229, &sect; 47, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-227.3. Comprehensive state plan for prevention of child abuse and neglect.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 216, &sect; 4, operative July 1, 1984. Amended by Laws 2001, c. 356, &sect; 3, emerg. eff. June 4, 2001; Laws 2007, c. 147, &sect; 4, eff. July 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-227.4. Development and preparation of comprehensive state plan - Proposal for grants for child abuse prevention programs and services.&nbsp;</span></p> <p><span class="cls0">A. The State Department of Health shall prepare the comprehensive state plan for prevention of child abuse and neglect for the approval of the Oklahoma Commission on Children and Youth. The development and preparation of the plan shall include, but not be limited to, adequate opportunity for appropriate local private and public agencies and organizations and private citizens to participate in the development of the state plan at the local level.&nbsp;</span></p> <p><span class="cls0">B. 1. The Office of Child Abuse Prevention shall review and evaluate all proposals submitted for grants or contracts for child abuse prevention programs and services. Upon completion of such review and evaluation, the Office of Child Abuse Prevention shall make the final recommendations as to which proposals should be funded pursuant to the provisions of the Child Abuse Prevention Act and shall submit its findings to the Oklahoma Commission on Children and Youth. The Commission shall review the findings of the interagency child abuse prevention task force and the Office of Child Abuse Prevention for compliance of such approved proposals with the comprehensive state plan prepared pursuant to the provisions of the Child Abuse Prevention Act.&nbsp;</span></p> <p><span class="cls0">2. Upon ascertaining compliance with the plans, the Commission shall deliver the findings of the Office of Child Abuse Prevention to the State Commissioner of Health.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">4. Once the grants or contracts have been awarded by the Commissioner, the Office of Child Abuse Prevention shall annually review the performance of the awardees and determine if funding should be continued.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 216, &sect; 5, operative July 1, 1984. Amended by Laws 1985, c. 299, &sect; 2, eff. Nov. 1, 1985; Laws 1986, c. 58, &sect; 1, eff. Nov. 1, 1986; Laws 1987, c. 84, &sect; 1, emerg. eff. May 13, 1987; Laws 1990, c. 51, &sect; 130, emerg. eff. April 9, 1990; Laws 2001, c. 356, &sect; 4, emerg. eff. June 4, 2001; Laws 2005, c. 348, &sect; 18, eff. July 1, 2005; Laws 2007, c. 147, &sect; 5, eff. July 1, 2007; Laws 2009, c. 234, &sect; 150, emerg. eff. May 21, 2009; Laws 2010, c. 324, &sect; 5, emerg. eff. June 5, 2010; Laws 2013, c. 229, &sect; 48, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-227.5. Repealed by Laws 2007, c. 147, &sect; 9, eff. July 1, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-227.6. Funding of child abuse prevention programs.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 216, &sect; 7, operative July 1, 1984. Amended by Laws 1985, c. 299, &sect; 3, eff. Nov. 1, 1985; Laws 1990, c. 154, &sect; 4, eff. Sept. 1, 1990; Laws 2007, c. 147, &sect; 6, eff. July 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-227.7. Director of Office of Child Abuse Prevention - Power and duties.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Assure that the annual report is prepared as required by Section 1-227.2 of this title;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 216, &sect; 8, operative July 1, 1984. Amended by Laws 1990, c. 154, &sect; 5, eff. Sept. 1, 1990; Laws 1990, c. 337, &sect; 14; Laws 2007, c. 147, &sect; 7, eff. July 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-227.8. Child Abuse Prevention Fund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. All projects funded through the Child Abuse Prevention Fund shall provide quarterly caseload and programmatic information to the Office of Child Abuse Prevention.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 299, &sect; 4, eff. Nov. 1, 1985. Amended by Laws 1998, c. 392, &sect; 6, eff. Sept. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-227.9. Child Abuse Training and Coordination Council.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the Child Abuse Training and Coordination Council.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. One member shall be a representative of child welfare services within the Department of Human Services;&nbsp;</span></p> <p><span class="cls0">2. One member shall be a representative of juvenile services within the Office of Juvenile Affairs;&nbsp;</span></p> <p><span class="cls0">3. One member shall be a representative of maternal and child health services within the State Department of Health;&nbsp;</span></p> <p><span class="cls0">4. One member shall be a representative of the State Department of Health;&nbsp;</span></p> <p><span class="cls0">5. One member shall be a representative of the State Department of Education;&nbsp;</span></p> <p><span class="cls0">6. One member shall be a representative of the Department of Mental Health and Substance Abuse Services;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. One member shall be a representative of the judiciary;&nbsp;</span></p> <p><span class="cls0">9. One member shall be a representative of a statewide association of osteopathic physicians and shall be a pediatric osteopathic physician;&nbsp;</span></p> <p><span class="cls0">10. One member shall be a representative of a statewide coalition on domestic violence and sexual assault;&nbsp;</span></p> <p><span class="cls0">11. One member shall be a representative of the District Attorneys Council;&nbsp;</span></p> <p><span class="cls0">12. One member shall be a representative of the Council on Law Enforcement Education and Training;&nbsp;</span></p> <p><span class="cls0">13. One member shall be a representative of the Department of Corrections;&nbsp;</span></p> <p><span class="cls0">14. One member shall be a representative of Court Appointed Special Advocates;&nbsp;</span></p> <p><span class="cls0">15. One member shall be a representative of the Oklahoma Bar Association;&nbsp;</span></p> <p><span class="cls0">16. One member shall be a representative of a statewide association of psychologists;&nbsp;</span></p> <p><span class="cls0">17. One member shall be a representative of a local chapter of a national association of social workers;&nbsp;</span></p> <p><span class="cls0">18. One member shall be a representative of a statewide association of youth services agencies;&nbsp;</span></p> <p><span class="cls0">19. One member shall be a representative of an Indian child welfare association;&nbsp;</span></p> <p><span class="cls0">20. One member shall be a representative of an advisory task force on child abuse and neglect;&nbsp;</span></p> <p><span class="cls0">21. One member shall be a representative of a postadjudication review board program; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. Each member of the Child Abuse Training and Coordination Council is authorized to have one designee.&nbsp;</span></p> <p><span class="cls0">D. The appointed members shall be persons having expertise in the dynamics, identification and treatment of child abuse and neglect and child sexual abuse.&nbsp;</span></p> <p><span class="cls0">E. The Child Abuse Training and Coordination Council shall:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">7. Review and approve protocols prepared by the local multidisciplinary teams;&nbsp;</span></p> <p><span class="cls0">8. Advise multidisciplinary teams on team development;&nbsp;</span></p> <p><span class="cls0">9. Collect data on the operation and cases reviewed by the multidisciplinary teams;&nbsp;</span></p> <p><span class="cls0">10. Issue annual reports; and&nbsp;</span></p> <p><span class="cls0">11. Annually approve the list of functioning multidisciplinary teams in the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 154, &sect; 6, eff. Sept. 1, 1990. Amended by Laws 1994, c. 101, &sect; 1, eff. Sept. 1, 1994; Laws 1996, c. 200, &sect; 17, eff. Nov. 1, 1996; Laws 1997, c. 389, &sect; 22, eff. Nov. 1, 1997; Laws 2000, c. 374, &sect; 37, eff. July 1, 2000; Laws 2004, c. 250, &sect; 1, emerg. eff. May 5, 2004; Laws 2006, c. 258, &sect; 8, emerg. eff. June 7, 2006; Laws 2007, c. 147, &sect; 8, eff. July 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-229.1. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Oklahoma Tobacco Use Prevention and Cessation Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 275, &sect; 1, emerg. eff. May 31, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-229.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Tobacco Use Prevention and Cessation Act:&nbsp;</span></p> <p><span class="cls0">1. "Contractor" means any public entity, private entity, or private nonprofit entity to which the State Department of Health, after recommendation by the Advancement of Wellness Advisory Council created in Section 44 of this act, has awarded monies from the Fund for qualified tobacco use prevention or cessation programs;&nbsp;</span></p> <p><span class="cls0">2. "Department" means the State Department of Health;&nbsp;</span></p> <p><span class="cls0">3. "Fund" means the Tobacco Use Reduction Fund established pursuant to Section 1-229.3 of this title;&nbsp;</span></p> <p><span class="cls0">4. "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;&nbsp;</span></p> <p><span class="cls0">5. "State Plan" means the State Plan for Tobacco Use Prevention and Cessation adopted pursuant to Section 1-229.5 of this title; and&nbsp;</span></p> <p><span class="cls0">6. "Tobacco use" means the consumption of tobacco products by burning, chewing, inhalation or other forms of ingestion.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 275, &sect; 2, emerg. eff. May 31, 2001. &nbsp;</span></p> <p><span class="cls0">Amended by Laws 2013, c. 229, &sect; 49, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-229.3. Tobacco Use Reduction Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the "Tobacco Use Reduction Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies appropriated thereto by the Legislature, any other funds that may be directed thereto by the Board of Directors of the Tobacco Settlement Endowment Trust Fund, and all other monies including gifts, grants and other funds that may be directed thereto. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department for the purpose of the State Plan for Tobacco Use Prevention and Cessation and for other purposes specifically authorized by this act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">B. The fund shall be administered by the State Department of Health.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 275, &sect; 3, emerg. eff. May 31, 2001. Amended by Laws 2012, c. 304, &sect; 478.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-229.4. Repealed by Laws 2013, c. 229, &sect; 99, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-229.5. Review and recommendation of State Plan for Tobacco Use Prevention and Cessation &ndash; Invitations to bid for program contract proposals &ndash; Evaluations &ndash; Youth Tobacco Survey.&nbsp;</span></p> <p><span class="cls0">A. On or before January 1, 2002, the Department, giving consideration to the recommendations of the Advancement of Wellness Advisory Council created in Section 44 of this act, shall review and recommend a State Plan for Tobacco Use Prevention and Cessation that is in compliance with nationally recognized guidelines or scientific evidence of effectiveness. On or before January 1 of each year, the State Department of Health may propose amendments to the plan. The Department shall submit its proposed State Plan or any proposed amendments thereto to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Attorney General. The Governor, members of the Legislature, and the Attorney General may submit comments to the Department on its proposed amendments to the State Plan on or before March 1 of each year. On or before May 1 of each year, the Department shall make such amended State Plan public.&nbsp;</span></p> <p><span class="cls0">B. The State Plan shall set out the criteria by which Invitations To Bid and applications for contract proposals are considered. Such plan shall also describe the types of tobacco use prevention or cessation programs that shall be eligible for consideration for contracts from the Fund utilizing only those programs that are in compliance with nationally recognized guidelines, or scientific evidence of effectiveness. Such eligible programs shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. Media campaigns directed to youth to prevent underage tobacco use;&nbsp;</span></p> <p><span class="cls0">2. School-based education programs to prevent youth tobacco use;&nbsp;</span></p> <p><span class="cls0">3. Community-based youth programs involving tobacco use prevention through general youth development;&nbsp;</span></p> <p><span class="cls0">4. Enforcement and administration of the Prevention of Youth Access to Tobacco Act, and related retailer education and compliance efforts;&nbsp;</span></p> <p><span class="cls0">5. Cessation programs for youth; and&nbsp;</span></p> <p><span class="cls0">6. Prevention or cessation programs for adults.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">An annual evaluation shall be provided by an independent contractor to determine the effectiveness of the programs by measuring the following:&nbsp;</span></p> <p><span class="cls0">1. Tobacco consumption;&nbsp;</span></p> <p><span class="cls0">2. Smoking rates among the population targeted by the programs; and&nbsp;</span></p> <p><span class="cls0">3. The specific effectiveness of any other program funded.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Involve a statistically valid sample of the individuals in each of grades six through twelve;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. Be compared with data from previous years, including initial baseline data collected prior to the creation of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 275, &sect; 5, emerg. eff. May 31, 2001. Amended by Laws 2013, c. 229, &sect; 50, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-229.6. Review and approval of Invitations To Bid &ndash; Considerations in developing State Plan and reviewing intergovernmental contracts.&nbsp;</span></p> <p><span class="cls0">A. The State Department of Health shall review Invitations To Bid and applications for contracts and evaluate the progress and outcomes of tobacco use prevention and cessation programs. The Department shall make final approval for the issuance of Invitations To Bid for contracts for tobacco use prevention and cessation programs.&nbsp;</span></p> <p><span class="cls0">B. An applicant or a bidder that requests funding to initiate, continue or expand a tobacco use prevention or cessation program shall demonstrate, by means of application, letters of recommendation, and such other means as the Department may designate, that the proposed tobacco use prevention or cessation program for which it seeks funds meets the criteria set forth in the State Plan. Previous contractors shall include recent evaluations of their programs with their bids or applications. The Department may not award a contract unless it makes a specific finding, as to each applicant or bidder, that the program proposed to be funded meets the criteria set forth in the State Plan.&nbsp;</span></p> <p><span class="cls0">C. In developing the State Plan and approving Invitations To Bid and reviewing intergovernmental contracts the Department shall consider:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;has a comprehensive strategy with a clear mission and goals,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;has professional leadership,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;offers a diverse array of youth-centered activities in youth-accessible facilities,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;is culturally sensitive, inclusive and diverse,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;involves youth in the planning, delivery, and evaluation of services that affect them, and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;offers a positive focus including all youth;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. State and local government departments and agencies shall be eligible for contracts provided pursuant to this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 275, &sect; 6, emerg. eff. May 31, 2001. Amended by Laws 2013, c. 229, &sect; 51, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-229.7. Retention of unexpended appropriated funds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 275, &sect; 7, emerg. eff. May 31, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-229.8. Contractor reports &ndash; Report to Governor and Legislature.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Amount received as a contract and the expenditures made with the proceeds of the contract;&nbsp;</span></p> <p><span class="cls0">2. A description of the program offered and the number of individuals who initially participated in and completed the program; and&nbsp;</span></p> <p><span class="cls0">3. Specific elements of the program meeting the criteria set forth in the State Plan.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 275, &sect; 8, emerg. eff. May 31, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-230. Repealed by Laws 2005, c. 211, &sect; 5, eff. Nov. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-231. Short title - Purpose.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 250, &sect; 1, eff. Sept. 1, 1991. Amended by Laws 2005, c. 211, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-232. Statewide program to promote health care.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 250, &sect; 2, eff. Sept. 1, 1991. Amended by Laws 2005, c. 211, &sect; 2, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-232.1. Prenatal classes - Risks of drug or alcohol use- Treatment &ndash; Education and prevention materials.&nbsp;</span></p> <p><span class="cls0">A. All prenatal classes offered shall include in their education curriculum the following:&nbsp;</span></p> <p><span class="cls0">1. The risks of drug or alcohol use during pregnancy to the unborn child and to the mother;&nbsp;</span></p> <p><span class="cls0">2. The risks of underage drinking, including information to assist new parents in preventing underage drinking in their own children; and&nbsp;</span></p> <p><span class="cls0">3. Information on screening, assessment, intervention, and referral for treatment of substance dependency.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 261, &sect; 1, eff. July 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-232.2. Repealed by Laws 2013, c. 229, &sect; 99, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-233. Providers as state employees - Protection from liability - Employment contracts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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, &ldquo;health care services&rdquo; does not include abortion, abortion referral, or abortion counseling. This subsection shall be inseverable from this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 250, &sect; 3, eff. Sept. 1, 1991. Amended by Laws 2005, c. 211, &sect; 3, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-234. Repealed by Laws 2005, c. 211, &sect; 5, eff. Nov. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-234.1. Breast-feeding &ndash; Declaration as right.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 332, &sect; 1, emerg. eff. May 25, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-235. Short title.&nbsp;</span></p> <p><span class="cls0">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".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 170, &sect; 1, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-236. Definitions.&nbsp;</span></p> <p><span class="cls0">A. As used in this act:&nbsp;</span></p> <p><span class="cls0">1. "Committee" means the Joint Legislative Committee for Review of Coordination of Efforts for Prevention of Adolescent Pregnancy and Sexually Transmitted Diseases;&nbsp;</span></p> <p><span class="cls0">2. "Coordinating Council" means the Interagency Coordinating Council for Coordination of Efforts for Prevention of Adolescent Pregnancy and Sexually Transmitted Diseases; and&nbsp;</span></p> <p><span class="cls0">3. "State Plan" means the State Plan for Coordination of Efforts for Prevention of Adolescent Pregnancy and Sexually Transmitted Diseases.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 170, &sect; 2, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-237. Interagency Coordinating Council for Coordination of Efforts for Prevention of Adolescent Pregnancy and Sexually Transmitted Diseases.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the chief executive officers or their designees of the:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;Commission on Children and Youth,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;State Department of Education,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;Oklahoma Department of Career and Technology Education,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;Department of Human Services,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;Department of Mental Health and Substance Abuse Services,&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;Office of Volunteerism,&nbsp;</span></p> <p class="cls3"><span class="cls0">(7)&nbsp;&nbsp;State Department of Health, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(8)&nbsp;&nbsp;College of Public Health,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the Executive Director of the Office of Juvenile Affairs or designee,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a superintendent of an independent school district,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;a representative of a statewide association of medical doctors,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;a representative of a statewide association of osteopathic physicians,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;a representative of a statewide association of parents and teachers,&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;a representative of a statewide association of classroom teachers,&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;a representative of a statewide association of school counselors,&nbsp;</span></p> <p class="cls2"><span class="cls0">j.&nbsp;&nbsp;a principal of an alternative education program,&nbsp;</span></p> <p class="cls2"><span class="cls0">k.&nbsp;&nbsp;a representative of business or industry,&nbsp;</span></p> <p class="cls2"><span class="cls0">l.&nbsp;&nbsp;a representative of a statewide association formed for the purpose of developing leadership skills,&nbsp;</span></p> <p class="cls2"><span class="cls0">m.&nbsp;&nbsp;a representative of an ecumenical association,&nbsp;</span></p> <p class="cls2"><span class="cls0">n.&nbsp;&nbsp;two parents of ten- to twenty-year-old children,&nbsp;</span></p> <p class="cls2"><span class="cls0">o.&nbsp;&nbsp;a teenage girl,&nbsp;</span></p> <p class="cls2"><span class="cls0">p.&nbsp;&nbsp;a representative of a nonprofit statewide child advocacy organization,&nbsp;</span></p> <p class="cls2"><span class="cls0">q.&nbsp;&nbsp;the Governor or the Governor's designee, who shall chair the Coordinating Council.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The Coordinating Council shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 170, &sect; 3, eff. July 1, 1994. Amended by Laws 2000, c. 177, &sect; 14, eff. July 1, 2000; Laws 2001, c. 33, &sect; 58, eff. July 1, 2001; Laws 2007, c. 93, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-237.1. Postponing Sexual Involvement for Young Teens program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 318, &sect; 4, emerg. eff. June 4, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-238. State Plan.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Identification of effective prevention strategies;&nbsp;</span></p> <p><span class="cls0">3. Identification of resources, both within the agencies subject to the provisions of this act and within the communities;&nbsp;</span></p> <p><span class="cls0">4. Identification of sources of revenue for programs and efforts from private as well as federal and state sources;&nbsp;</span></p> <p><span class="cls0">5. Development and replication of effective model programs;&nbsp;</span></p> <p><span class="cls0">6. Empowerment of communities in developing local prevention strategies;&nbsp;</span></p> <p><span class="cls0">7. Development of recommendations for local prevention efforts and technical assistance to communities;&nbsp;</span></p> <p><span class="cls0">8. Delineation of service responsibilities and coordination of delivery of services by the agencies subject to the provisions of this act;&nbsp;</span></p> <p><span class="cls0">9. Coordination and collaboration among related efforts and programs;&nbsp;</span></p> <p><span class="cls0">10. Evaluation of prevention strategies and programs;&nbsp;</span></p> <p><span class="cls0">11. Distribution of information on prevention programs and strategies; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 170, &sect; 4, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-239. Repealed by Laws 1998, c. 22, &sect; 2, emerg. eff. April 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-240. Renumbered as Title 10, &sect; 440 by Laws 2012, c. 253, &sect; 6, eff. Nov. 1, 2012.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-241. Renumbered as Title 10, &sect; 441 by Laws 2012, c. 253, &sect; 6.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-250. Repealed by Laws 2009, c. 178, &sect; 15.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-260.1. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Osteoporosis Prevention and Treatment Education Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 198, &sect; 1, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-260.2. Purposes of act &ndash; Duties of Board of Health and Department of Health.&nbsp;</span></p> <p><span class="cls0">A. The purposes of this act are:&nbsp;</span></p> <p><span class="cls0">1. To design and implement a multigenerational, statewide program of public awareness and knowledge about:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the causes of osteoporosis,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;personal risk factors,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the value of prevention and early detection, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the options available for treatment;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. To evaluate existing osteoporosis services in the community and assess the need for improving the quality and accessibility of community-based services;&nbsp;</span></p> <p><span class="cls0">5. To provide easy access to clear, complete, and accurate osteoporosis information and referral services;&nbsp;</span></p> <p><span class="cls0">6. To educate and train service providers, health professionals, and physicians;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. To coordinate state programs and services to address the issue of osteoporosis;&nbsp;</span></p> <p><span class="cls0">9. To promote the development of support groups for osteoporosis patients and their families and caregivers;&nbsp;</span></p> <p><span class="cls0">10. To adequately fund these programs; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. 1. The State Board of Health, giving consideration to the recommendations of the Advancement of Wellness Advisory Council created in Section 44 of this act, shall promulgate rules necessary to enact the provisions of the Osteoporosis Prevention and Treatment Education Act.&nbsp;</span></p> <p><span class="cls0">2. The State Department of Health, as funds are available, shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;provide sufficient staff to implement the Osteoporosis Prevention and Treatment Education Program,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;provide appropriate training for staff of the Osteoporosis Prevention and Treatment Education Program,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;identify the appropriate entities to carry out the program,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;base the program on the most up-to-date scientific information and findings,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;work to improve the capacity of community-based services available to osteoporosis patients,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 198, &sect; 2, eff. Nov. 1, 1999. Amended by Laws 2013, c. 229, &sect; 53, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-260.3. Establishment, promotion, and maintenance of osteoporosis prevention and treatment education program - Needs assessment.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The Department shall use, but is not limited to, the following strategies for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;an outreach campaign utilizing print, radio, and television public service announcements, advertisements, posters, and other materials,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;community forums,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;health information and risk factor assessment at public events,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;targeting at-risk populations,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;providing reliable information to policymakers, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;distributing information through county health departments, schools, area agencies on aging, employer wellness programs, physicians, hospitals and health maintenance organizations, women&rsquo;s groups, nonprofit organizations, community-based organizations, and departmental regional offices,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;identify and obtain educational materials, including brochures and videotapes, which accurately translate the latest scientific information on osteoporosis in easy-to-understand terms,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;build a statewide system of resources to provide information and referral on all aspects of osteoporosis, including educational materials and counseling,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;establish state linkage with an existing toll-free hotline for consumers,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;facilitate the development and maintenance of osteoporosis support groups, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;conduct workshops and seminars for lay audiences, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;identify and obtain education materials for the health care provider which translates the latest scientific and medical information into clinical applications,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;raise awareness among physicians and health and human services professionals as to the importance of osteoporosis prevention, early detection, treatment, and rehabilitation,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;identify and use available curricula for training health and human service providers and community leaders on osteoporosis prevention, detection, and treatment,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;provide workshops and seminars for in-depth professional development in the field of the care and management of the patient with osteoporosis, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;conduct a statewide conference on osteoporosis at appropriate intervals;&nbsp;</span></p> <p class="cls2"><span class="cls0">2.&nbsp;&nbsp;a.&nbsp;&nbsp;The Department shall conduct a needs assessment to identify:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;research being conducted within the state,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;available technical assistance and educational materials and programs nationwide,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;the level of public and professional awareness about osteoporosis,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;the needs of osteoporosis patients, their families, and caregivers,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;needs of health care providers, including physicians, nurses, managed care organizations, and other health care providers,&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;the service available to the osteoporosis patient,&nbsp;</span></p> <p class="cls3"><span class="cls0">(7)&nbsp;&nbsp;existence of osteoporosis treatment programs,&nbsp;</span></p> <p class="cls3"><span class="cls0">(8)&nbsp;&nbsp;existence of osteoporosis support groups,&nbsp;</span></p> <p class="cls3"><span class="cls0">(9)&nbsp;&nbsp;existence of rehabilitation services, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(10)&nbsp;&nbsp;number and location of bone density testing equipment.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 198, &sect; 3, eff. Nov. 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-260.4. Repealed by Laws 2013, c. 229, &sect; 99, eff. Nov. 1, 2013, without reference to the amendment in Laws 2013, c. 229, &sect; 54 which read as follows:&nbsp;</span></p> <p class="cls5"><span class="cls0">&sect;63-1-260.4. Osteoporosis prevention and awareness.&nbsp;</span></p> <p class="cls5"><span class="cls0">A. The State Department of Health, giving consideration to the recommendations of the Advancement of Wellness Advisory Council created in Section 44 of this act, shall:&nbsp;</span></p> <p class="cls5"><span class="cls0">1. Advise regarding coordination of osteoporosis programs conducted by or through the Department;&nbsp;</span></p> <p class="cls5"><span class="cls0">2. Establish a mechanism for sharing information on osteoporosis among all officials and employees involved in carrying out osteoporosis-related programs;&nbsp;</span></p> <p class="cls5"><span class="cls0">3. Preview and coordinate the most promising areas of education, prevention, and treatment concerning osteoporosis;&nbsp;</span></p> <p class="cls5"><span class="cls0">4. Assist other offices in developing plans for education and health promotion on osteoporosis;&nbsp;</span></p> <p class="cls5"><span class="cls0">5. Establish mechanisms to use the results of research concerning osteoporosis in the development of relevant policies and programs; and&nbsp;</span></p> <p class="cls5"><span class="cls0">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.&nbsp;</span></p> <p class="cls5"><span class="cls0">B. The Department, giving consideration to the recommendations of the Advancement of Wellness Advisory Council created in Section 44 of this act, 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.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-260.5. Replication and use of successful osteoporosis programs &ndash; Contracts with national organizations &ndash; Acceptance of grants, services, and property &ndash; Federal waivers.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Educational information and materials on the causes, prevention, detection, treatment, and management of osteoporosis;&nbsp;</span></p> <p><span class="cls0">2. Training of staff;&nbsp;</span></p> <p><span class="cls0">3. Physicians and health care professional education and training and clinical conferences;&nbsp;</span></p> <p><span class="cls0">4. Conference organization and staffing;&nbsp;</span></p> <p><span class="cls0">5. Regional office development and staffing;&nbsp;</span></p> <p><span class="cls0">6. Nominations for advisory panels;&nbsp;</span></p> <p><span class="cls0">7. Support group development;&nbsp;</span></p> <p><span class="cls0">8. Consultation;&nbsp;</span></p> <p><span class="cls0">9. Resource library facilities;&nbsp;</span></p> <p><span class="cls0">10. Training home health aides and nursing home personnel; and&nbsp;</span></p> <p><span class="cls0">11. Training teachers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The State Commissioner of Health:&nbsp;</span></p> <p><span class="cls0">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&rsquo;s duties under this program; and&nbsp;</span></p> <p><span class="cls0">2. Shall seek any federal waiver or waivers that may be necessary to maximize funds from the federal government to implement this program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 198, &sect; 5, eff. Nov. 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-270. Establishment of statewide system.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Recommendations from the Oklahoma Hospital Advisory Council;&nbsp;</span></p> <p><span class="cls0">2. Partnerships with relevant associations;&nbsp;</span></p> <p><span class="cls0">3. Measures to raise awareness about the effects of uncontrolled high blood pressure and diabetes; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Health shall promulgate rules as necessary to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 305, &sect; 8, emerg. eff. June 2, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-270.1. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Advancement in Stem Cell Cures and Therapies Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 48, &sect; 1, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-270.2. Human embryo &ndash; Stem cell research &ndash; Reporting system.&nbsp;</span></p> <p><span class="cls0">A. For the purposes of the Advancement in Stem Cell Cures and Therapies Act, &ldquo;human embryo&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Safely and ethically;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. Without the use of a human embryo, including a human embryo produced using cloning technology.&nbsp;</span></p> <p><span class="cls0">C. When research is performed in accordance with the Advancement in Stem Cell Cures and Therapies Act, a person or governmental body shall not:&nbsp;</span></p> <p><span class="cls0">1. Restrict public funds designated for the stem cell research; or&nbsp;</span></p> <p><span class="cls0">2. Obstruct or provide disincentives for the stem cell research.&nbsp;</span></p> <p><span class="cls0">D. The State Department of Health shall establish a reporting system that collects information regarding all activities carried out in accordance with this section.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 48, &sect; 2, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-280.1. Sooner Start program treatment of autism spectrum disorders - Funding - Contracts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The State Department of Health is authorized to contract with independent third-party providers for services offered by the Sooner Start program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 127, &sect; 2, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-280.2. Primary care provider evaluation training - Applied behavior analysis treatment pilot project.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The project shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">3. The project shall commence no later than January 1, 2011, and end no later than three (3) years from the date of commencement.&nbsp;</span></p> <p><span class="cls0">4. The Division shall submit a report to the Legislature and the Governor no later than January 1, 2014, concerning:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the effectiveness of the project, &nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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, &nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the most effective approach and systems to provide applied behavior analysis, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;any other findings and recommendations resulting from the project.&nbsp;</span></p> <p><span class="cls0">5. The Department shall promulgate rules to implement the provisions of this subsection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 127, &sect; 3, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-280.3. Outreach program providing intensive behavioral intervention for children with autism.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 127, &sect; 4, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-290. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known as the &ldquo;Public Health Delivery Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 169, &sect; 1, emerg. eff. May 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-290.1. Definitions.&nbsp;</span></p> <p class="cls6"><span class="cls0">As used in the Public Health Delivery Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Public health services&rdquo; means services provided by city-county health departments, county health departments, and the State Department of Health pertaining to chronic disease screening, immunizations, maternal and child health services, prevention and control of communicable, contagious or infectious diseases, and services in cooperation with the federal government or any department or agency thereof, and with other states, on matters pertaining to public health; and&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Physician-approved protocol&rdquo; means a protocol such as standing orders that describe the parameters of specified situations under which a registered nurse may act to deliver public health services for a client who is presenting with symptoms or needs addressed in the protocol.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 169, &sect; 2, emerg. eff. May 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-290.2. Registered nurses - Physician-approved protocols.&nbsp;</span></p> <p><span class="cls0">A. Registered nurses are authorized to use physician-approved protocols to provide public health services when performing duties as an employee or as a contractor, as defined in Section 803 of Title 18 of the Oklahoma Statutes, on behalf of the city-county health departments, county health departments, and the State Department of Health.&nbsp;</span></p> <p><span class="cls0">B. The Department shall have a designated Medical Director responsible for maintaining the protocols to reflect the current standard of care. Protocols shall be consistent with published clinical practice guidelines established or endorsed by nationally recognized professional medical organizations, societies, associations and federal agencies. The physician-approved protocols shall be reviewed annually and updated as needed. Physician-approved protocols shall be approved through Department policy.&nbsp;</span></p> <p><span class="cls0">C. The establishment of a physician-patient relationship is not necessary for the physician-approved protocol to be implemented by the registered nurse when providing public health services on behalf of a city-county health department, county health department or the Department.&nbsp;</span></p> <p><span class="cls0">D. The State Department of Health shall promulgate and implement policies and procedures to ensure the registered nurse has proper training, education and supervision prior to and during the provision of public health services.&nbsp;</span></p> <p><span class="cls0">E. Medical algorithms may be utilized or referenced in the physician-approved protocols to assist in providing the public health services.&nbsp;</span></p> <p><span class="cls0">F. The registered nurse may dispense prepackaged nonprescription medications and recommend nonprescription medications pursuant to the physician-approved protocols.&nbsp;</span></p> <p><span class="cls0">G. A registered nurse may orally submit a prescription prescribed by an advanced practice registered nurse with prescriptive authority to a pharmacy of the patient&rsquo;s choosing.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 169, &sect; 3, emerg. eff. May 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-290.3. Construction of act - Severability.&nbsp;</span></p> <p><span class="cls0">Nothing in the Public Health Delivery Act shall be construed as changing the requirements of Sections 1-729a, 1-731 or 1-740.2 of Title 63 of the Oklahoma Statutes. The section is inseverable from Sections 1, 2 and 3 of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 169, &sect; 4, emerg. eff. May 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-301. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this article:&nbsp;</span></p> <p><span class="cls0">1. "Vital statistics" means records of birth, death, fetal death and data related thereto;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Stillbirth&rdquo; or &ldquo;stillborn child&rdquo; means a fetal death;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Certificate of birth resulting in stillbirth&rdquo; means a certificate issued to memorialize a stillborn child;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">9. "Dead body" means an individual who is determined to be dead pursuant to the provisions of the Uniform Determination of Death Act;&nbsp;</span></p> <p><span class="cls0">10. "Final disposition" means the burial, interment, cremation, or other disposition of a dead body or fetus;&nbsp;</span></p> <p><span class="cls0">11. "Physician" means a person who is a member of the class of persons authorized to use the term &ldquo;physician&rdquo; pursuant to Section 725.2 of Title 59 of the Oklahoma Statutes; &nbsp;</span></p> <p><span class="cls0">12. "Institution" means any establishment, public or private, which provides inpatient medical, surgical or diagnostic care or treatment, or nursing, custodial or domiciliary care, to two or more unrelated individuals, or to which persons are committed by law; and&nbsp;</span></p> <p><span class="cls0">13. "Disinterment" means the recovery of human remains by exhumation or disentombment. "Disinterment" does not include the raising and lowering of remains to accommodate two interments within a single grave and does not include the repositioning of an outside burial container that encroaches on adjoining burial space.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 301, operative July 1, 1963. Amended by Laws l975, c. 91, &sect; 1, emerg. eff. April 28, 1975; Laws 1986, c. 262, &sect; 4; Laws 2000, c. 52, &sect; 6, emerg. eff. April 14, 2000; Laws 2008, c. 187, &sect; 1, eff. Nov. 1, 2008; Laws 2011, c. 105, &sect; 4, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631302. Rules and regulations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 3, &sect; 302. &nbsp;</span></p> <p><span class="cls0">&sect;631303. System of vital statistics.&nbsp;</span></p> <p><span class="cls0">The State Commissioner of Health shall install, maintain and operate a system of vital statistics throughout this state.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 3, &sect; 303. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-304. State Commissioner of Health - Duties.&nbsp;</span></p> <p><span class="cls0">(a) The State Commissioner of Health shall:&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(2) direct and supervise the statewide system of vital statistics and be custodian of its records.&nbsp;</span></p> <p><span class="cls0">(3) prescribe and distribute such forms as are required by this article and the rules and regulations issued hereunder.&nbsp;</span></p> <p><span class="cls0">(4) prepare and publish reports of vital statistics of this state, and such other reports as may be required by law.&nbsp;</span></p> <p><span class="cls0">(b) The Commissioner may delegate such functions and duties vested in the Commissioner to employees of the State Department of Health and to the local registrars as the Commissioner deems necessary or expedient.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 304, operative July 1, 1963. Amended by Laws 2011, c. 105, &sect; 5, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-305. Repealed by Laws 2011, c. 105, &sect; 38, eff. Nov. 1, 2011.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-306. Repealed by Laws 2011, c. 105, &sect; 38, eff. Nov. 1, 2011.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-307. Repealed by Laws 2011, c. 105, &sect; 38, eff. Nov. 1, 2011.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-308. Repealed by Laws 2011, c. 105, &sect; 38, eff. Nov. 1, 2011.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-309. Repealed by Laws 2011, c. 105, &sect; 38, eff. Nov. 1, 2011.&nbsp;</span></p> <p><span class="cls0">&sect;631310. Forms of records.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 3, &sect; 310. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-311. Birth certificates - Filing - Contents - Surrogates.&nbsp;</span></p> <p><span class="cls0">A. A certificate of birth for each live birth which occurs in this state shall be filed with the State Registrar, within seven (7) days after the birth.&nbsp;</span></p> <p><span class="cls0">B. When a birth occurs in an institution, the person in charge of the institution or a designated representative shall obtain the personal data, prepare the certificate, and secure the signatures required by the certificate. The physician in attendance shall certify to the facts of birth and provide the medical information required by the certificate within five (5) days after the birth.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The physician in attendance at or immediately after the birth;&nbsp;</span></p> <p><span class="cls0">2. Any other person in attendance at or immediately after the birth; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">E. Either of the parents of the child shall sign the certificate of live birth worksheet to attest to the accuracy of the personal data entered thereon, in time to permit its filing within the seven (7) days prescribed in this section.&nbsp;</span></p> <p><span class="cls0">F. If the live birth results from a process in which the delivering mother was carrying the child of another woman by way of a prearranged legal contract, the original birth certificate shall be filed with the personal information of the woman who delivered the child. A new birth certificate will be placed on file once the State Registrar receives both a court order and a completed form prescribed by the State Registrar which identifies the various parties and documents the personal information of the intended parents necessary to complete the new birth certificate.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 311, operative July 1, 1963. Amended by Laws 1994, c. 356, &sect; 7, eff. Sept. 1, 1994; Laws 1995, c. 273, &sect; 3, emerg. eff. May 25, 1995; Laws 1996, c. 297, &sect; 25, emerg. eff. June 10, 1996; Laws 1997, c. 402, &sect; 35, eff. July 1, 1997; Laws 1998, c. 323, &sect; 21, eff. Oct. 1, 1998; Laws 2011, c. 105, &sect; 6, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-311.1. Obtaining social security numbers for live births and deaths.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 309, &sect; 19, eff. Sept. 1, 1990. Amended by Laws 1997, c. 402, &sect; 36, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-311.2. Providing documentation to the Department of Human Services.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 356, &sect; 8, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-311.3. Information regarding acknowledgment of paternity to be provided to unmarried mother &ndash; Availability of forms &ndash; Supplementary birth certificate.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;explaining that the completed acknowledgment of paternity shall be filed with the State Department of Health, Division of Vital Records,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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, &nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;explaining the implications of signing, including parental rights and responsibilities, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;explaining the time limitations to rescind and/or challenge the acknowledgment of paternity pursuant to the Uniform Parentage Act; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 356, &sect; 9, eff. Sept. 1, 1994. Amended by Laws 1995, c. 273, &sect; 4, emerg. eff. May 25, 1995; Laws 1996, c. 297, &sect; 26, emerg. eff. June 10, 1996; Laws 1997, c. 402, &sect; 37, eff. July 1, 1997; Laws 1998, c. 415, &sect; 43, emerg. eff. June 11, 1998; Laws 1999, c. 1, &sect; 19, emerg. eff. Feb. 24, 1999; Laws 2006, c. 116, &sect; 60, eff. Nov. 1, 2006.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, c. 323, &sect; 22 repealed by Laws 1999, c. 1, &sect; 45, emerg. eff. Feb. 24, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-312. Infant of unknown parentage.&nbsp;</span></p> <p><span class="cls0">(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 State Registrar, the following information:&nbsp;</span></p> <p><span class="cls0">(1) the date and place of finding.&nbsp;</span></p> <p><span class="cls0">(2) sex, color or race, and approximate age of child.&nbsp;</span></p> <p><span class="cls0">(3) name and address of the persons or institution with whom the child has been placed for care.&nbsp;</span></p> <p><span class="cls0">(4) and other data required by the Commissioner.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(c) A report registered under this section shall constitute the certificate of birth for the infant.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 312, operative July 1, 1963. Amended by Laws 2011, c. 105, &sect; 7, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631313. Delayed birth certificate.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(c) A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 3, &sect; 313. &nbsp;</span></p> <p><span class="cls0">&sect;631314. Delayed death certificate.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 3, &sect; 314. &nbsp;</span></p> <p><span class="cls0">&sect;631315. Judicial proceeding for record of birth.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 3, &sect; 315. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-316. New certificate of birth.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Thereafter, the original certificate and the evidence of adoption, paternity, or legitimation shall not be amended, nor shall it be subject to inspection except upon order of a court of competent jurisdiction or as otherwise specifically provided by law; and&nbsp;</span></p> <p><span class="cls0">2. Upon receipt of notice of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction. The original certificate shall be restored and may be amended in accordance with Section 1-321 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 316, operative July 1, 1963. Amended by Laws 1996, c. 297, &sect; 27, emerg. eff. June 10, 1996; Laws 2011, c. 105, &sect; 8, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-316a. Heirloom birth certificates.&nbsp;</span></p> <p><span class="cls0">A. 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 shall not be used as evidence of live birth nor identification purposes.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 142, &sect; 1, emerg. eff. April 30, 2001. Amended by Laws 2011, c. 105, &sect; 9, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-317. Death certificate - Filing - Contents.&nbsp;</span></p> <p><span class="cls0">(a) A death certificate for each death which occurs in this state shall be filed with the State Department of Health, within three (3) days after such death.&nbsp;</span></p> <p><span class="cls0">(b) The funeral director shall personally sign the death certificate and shall be responsible for filing the death certificate. If the funeral director is not available, the person acting as such who first assumes custody of a dead body in accordance with Section 1158 of Title 21 of the Oklahoma Statutes shall personally sign and file the death certificate. The personal data shall be obtained from the next of kin or the best qualified person or source available. The certificate shall be completed as to personal data and delivered to the attending physician or the medical examiner responsible for completing the medical certification portion of the certificate of death within twentyfour (24) hours after the death. No later than July 1, 2012, the personal data shall be entered into the prescribed electronic system provided by the State Registrar of Vital Statistics and the information submitted to the State Registrar of Vital Statistics. The resultant certificate produced by the electronic system shall be provided to the physician or medical examiner for medical certification within twenty-four (24) hours after the death.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 317, operative July 1, 1963. Amended by Laws 1978, c. 110, &sect; 2, operative Oct. 1, 1978; Laws 1979, c. 110, &sect; 1, emerg. eff. April 25, 1979; Laws 2010, c. 374, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-317a. Electronic capture of death certificate.&nbsp;</span></p> <p><span class="cls0">A. The State Registrar of Vital Statistics shall make available to all funeral directors and physicians licensed in this state a system to electronically capture the required information and file the prescribed death certificate with the State Department of Health. Access to the prescribed electronic system shall be provided to registered users at no cost. &nbsp;</span></p> <p><span class="cls0">B. Funeral directors and physicians shall be registered with the State Registrar of Vital Statistics prior to using the prescribed electronic system. The State Registrar of Vital Statistics shall provide such registration at no cost.&nbsp;</span></p> <p><span class="cls0">C. Registration shall be updated at least annually to maintain access to the prescribed system and shall include training on any changes or updates to the prescribed system or associated forms. Funeral directors licensed in this state shall be trained on the use of the prescribed electronic system to file personal data on the prescribed death certificate. Physicians licensed in this state shall be trained on the use of the prescribed electronic system to complete, sign, and file the medical certification on the prescribed death certificate. The State Registrar of Vital Statistics shall provide the required training at no cost. &nbsp;</span></p> <p><span class="cls0">D. No later than July 1, 2012, funeral directors licensed in this state shall be required to sign and file death certificates using the prescribed electronic system. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 374, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-318. Fetal death certificate - Filing - Contents.&nbsp;</span></p> <p><span class="cls0">(a) A fetal death certificate for each fetal death which occurs in this state shall be filed with the State Registrar, within three (3) days after such delivery.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 318, operative July 1, 1963. Amended by Laws 1978, c. 110, &sect; 3, operative Oct. 1, 1978; Laws 2011, c. 105, &sect; 10, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-318.1. MISSing Angels Act &ndash; Christopher and Kendall&rsquo;s Law.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;MISSing Angels Act &ndash; Christopher and Kendall&rsquo;s Law&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 187, &sect; 2, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-318.2. Certificate of birth for stillborn child.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 187, &sect; 3, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-319. Burial permit.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 Registrar to a licensed funeral director, embalmer, or other person acting as such, upon proper application.&nbsp;</span></p> <p><span class="cls0">C. Application for disinterment shall include proof of notice to the owner(s) of the interment lot or burial space, if other than the applicant.&nbsp;</span></p> <p><span class="cls0">D. Application for disinterment shall include proof of notice to all surviving adult children of the decedent, if other than the applicant.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 319, operative July 1, 1963. Amended by Laws 1988, c. 36, &sect; 2, emerg. eff. March 21, 1988; Laws 2011, c. 105, &sect; 11, eff. Nov. 1, 2011; Laws 2013, c. 63, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631320. Extension of time to file certificate.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1988, c. 36, &sect; 3, emerg. eff. March 21, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-321. Amendment of certificate or record.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(c) Upon receipt of a certified copy of a court order, from a court of competent jurisdiction, changing the name of a person born in this state and upon request of such person or his parent, guardian, or legal representative, the State Commissioner of Health shall amend the certificate of birth to reflect the new name.&nbsp;</span></p> <p><span class="cls0">(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:&nbsp;</span></p> <p><span class="cls0">(1) Upon request and receipt of a sworn acknowledgment of paternity of a child born out of wedlock signed by both parents; or&nbsp;</span></p> <p><span class="cls0">(2) Upon receipt of a certified copy of a court order establishing paternity.&nbsp;</span></p> <p><span class="cls0">(e) For a child born out of wedlock, the Commissioner shall also change the surname of the child on the certificate:&nbsp;</span></p> <p><span class="cls0">(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&nbsp;</span></p> <p><span class="cls0">(2) To the surname of the mother on the birth certificate in the event the acknowledgment of paternity is rescinded.&nbsp;</span></p> <p><span class="cls0">(f) The State Board of Health shall have the power and duty to promulgate rules for situations in which the State Registrar of Vital Statistics receives false information regarding the identity of a parent.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 321, operative July 1, 1963. Amended by Laws 1986, c. 82, &sect; 3, emerg. eff. April 3, 1986; Laws 2006, c. 116, &sect; 61, eff. Nov. 1, 2006; Laws 2011, c. 105, &sect; 12, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-322. Copies of records - Certification.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 3, &sect; 322, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-323. Vital statistics records confidential - Exceptions.&nbsp;</span></p> <p><span class="cls0">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. Certified copies of birth certificates and death certificates shall be provided without cost and without a court order to the Attorney General or to any district attorney upon request in the course of a criminal investigation.&nbsp;</span></p> <p><span class="cls0">B. The State Commissioner of Health may authorize the disclosure of data contained in vital statistics records for public health surveillance or research purposes.&nbsp;</span></p> <p><span class="cls0">C. The State Department of Health shall transmit to the Department of Public Safety:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. 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.&nbsp;</span></p> <p><span class="cls0">F. 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:&nbsp;</span></p> <p><span class="cls0">1. Name of the deceased;&nbsp;</span></p> <p><span class="cls0">2. Date of death;&nbsp;</span></p> <p><span class="cls0">3. Sex;&nbsp;</span></p> <p><span class="cls0">4. Race;&nbsp;</span></p> <p><span class="cls0">5. Age;&nbsp;</span></p> <p><span class="cls0">6. Birth date;&nbsp;</span></p> <p><span class="cls0">7. Social security number;&nbsp;</span></p> <p><span class="cls0">8. Whether an autopsy was conducted;&nbsp;</span></p> <p><span class="cls0">9. Month of the accident; and&nbsp;</span></p> <p><span class="cls0">10. Whether decedent was of Hispanic origin.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 323, operative July 1, 1963. Amended by Laws 1968, c. 44, &sect; 1, emerg. eff. March 7, 1968; Laws 1975, c. 35, &sect; 1; Laws 1985, c. 86, &sect; 1, operative July 1, 1985; Laws 1992, c. 305, &sect; 8, emerg. eff. May 27, 1992; Laws 1995, c. 330, &sect; 3, emerg. eff. June 8, 1995; Laws 2003, c. 392, &sect; 19, eff. July 1, 2003; Laws 2010, c. 226, &sect; 8, eff. Nov. 1, 2010; Laws 2011, c. 105, &sect; 13, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631323.1. Notification system for identifying missing children.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 86, &sect; 2, operative July 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;631324. Certified copies of records Evidentiary value.&nbsp;</span></p> <p><span class="cls0">Unless otherwise provided in this article:&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 3, &sect; 324. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-324.1. Birth, death or stillbirth certificates - Prohibited acts - Penalties.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Create, issue, present or possess a fictitious birth, death or stillbirth certificate;&nbsp;</span></p> <p><span class="cls0">2. Apply for a birth, death or stillbirth certificate under false pretenses;&nbsp;</span></p> <p><span class="cls0">3. Alter information contained on a birth, death or stillbirth certificate;&nbsp;</span></p> <p><span class="cls0">4. Obtain, display or represent a birth certificate of any person as one&rsquo;s own by any person, other than the person named on the birth certificate;&nbsp;</span></p> <p><span class="cls0">5. Obtain, display or represent a fictitious death or stillbirth certificate for the purpose of fraud;&nbsp;</span></p> <p><span class="cls0">6. Make a false statement or knowingly conceal a material fact or otherwise commit fraud in an application for a birth, death or stillbirth certificate; or&nbsp;</span></p> <p><span class="cls0">7. Knowingly presenting a false or forged certificate for filing.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. A violation of any of the provisions of this section shall constitute a felony.&nbsp;</span></p> <p><span class="cls0">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 &ldquo;void&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 384, &sect; 1, eff. Nov. 1, 2003. Amended by Laws 2011, c. 105, &sect; 14, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-324.2. Unlawful acts - Penalties.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any person to commit any of the following specified acts in relation to disinterment permits issued by this state:&nbsp;</span></p> <p><span class="cls0">1. Create, issue, or present a fictitious disinterment permit;&nbsp;</span></p> <p><span class="cls0">2. Apply for a disinterment permit under false pretenses;&nbsp;</span></p> <p><span class="cls0">3. Alter information contained on a disinterment permit;&nbsp;</span></p> <p><span class="cls0">4. Obtain, display or represent a disinterment permit for the purpose of fraud;&nbsp;</span></p> <p><span class="cls0">5. Make a false statement or knowingly conceal a material fact or otherwise commit fraud in an application for a disinterment permit; or&nbsp;</span></p> <p><span class="cls0">6. Reinter the remains in a location other than that specified on the permit.&nbsp;</span></p> <p><span class="cls0">B. A violation of any of the provisions of this section shall constitute a misdemeanor for a first offense and, upon conviction, shall be punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00). Any second or subsequent offense shall constitute a felony and, upon conviction, shall be punishable by a fine of up to Ten Thousand Dollars ($10,000.00) or imprisonment in the custody of the Department of Corrections for a term of not more than two (2) years, or both.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 105, &sect; 15, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-325. Fees for certified copies of records - Noncollectible drafts - Enlistees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">The collection of such fees may be accomplished by acceptance of cash, money orders, credit cards, organization or personal checks; in the event money orders or checks are proved to be noncollectible, neither the Board of Health, the Commissioner of Health, nor any of the employees of the Department of Health will be held responsible and personally liable; it is further required that no additional certified copies of records may be delivered to persons on whom noncollectible drafts remain outstanding.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 3, &sect; 325, operative July 1, 1963. Amended by Laws 1968, c. 184, &sect; 1; Laws 1970, c. 67, &sect; 1, emerg. eff. March 17, 1970; Laws 2011, c. 105, &sect; 16, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-326. Inmates of institutions - Records - Deaths.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 3, &sect; 326, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-327. Information concerning birth or death.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 3, &sect; 327, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-328. Renumbered as &sect; 396.29 of Title 59 by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-329.1. Cremation - Burial at sea - Bodies for pathologic study - Disposal permits.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">When the person legally responsible for disposition of a dead human body, whose death occurred or was pronounced within this state, desires that the body be cremated, buried at sea, or made unavailable for further pathologic study by other recognized means of destruction or dissolution of such remains, that person shall complete an application-permit form for such procedure provided by the Office of the Chief Medical Examiner. The Office of the Chief Medical Examiner 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 application-permit form and the original death certificate shall be filed with the State Registrar. The original application-permit form shall be filed by the funeral director with the Office of the Chief Medical Examiner. Such filing shall occur or be postmarked within forty-eight (48) hours of the death.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 114, &sect; 2, eff. Jan. 1, 1979. Amended by Laws 1993, c. 269, &sect; 18, eff. Sept. 1, 1993; Laws 2011, c. 105, &sect; 17, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-330. Repealed by Laws 2003, c. 57, &sect; 30, emerg. eff. April 10, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-331. Renumbered as &sect; 396.30 of Title 59 by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-331.1. Renumbered as &sect; 396.31 of Title 59 by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-332. Renumbered as &sect; 396.32 of Title 59 by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-333. Renumbered as &sect; 396.33 of Title 59 by Laws 2003, c. 57, &sect; 31, emerg. eff. April 10, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-334. Marriage and divorce &ndash; Nonidentifiable aggregate data.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 377, &sect; 1, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-401. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this article:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Tuberculosis disease&rdquo; means disease caused by Mycobacterium tuberculosis complex;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Active tuberculosis disease&rdquo; 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&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Tuberculosis infection&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 4, &sect; 401, operative July 1, 1963. Amended by Laws 2008, c. 393, &sect; 1, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-402. Examinations for tuberculosis.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 4, &sect; 402, operative July 1, 1963. Amended by Laws 2008, c. 393, &sect; 2, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-403. Exposure to tuberculosis.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 4, &sect; 403, operative July 1, 1963. Amended by Laws 2008, c. 393, &sect; 3, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631405. Freedom to choose treatment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 4, &sect; 405. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-409. Reciprocal agreements.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 4, &sect; 409, operative July 1, 1963. Amended by Laws 2008, c. 393, &sect; 4, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-410. Hospitalization and treatment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 351, &sect; 19, emerg. eff. June 12, 1975. Amended by Laws 2008, c. 393, &sect; 5, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-450. Oklahoma Plan for Comprehensive Treatment of Chronic Obstructive Pulmonary Disease Act.&nbsp;</span></p> <p><span class="cls0">A. This act shall be known and may be cited as the &ldquo;Oklahoma Plan for Comprehensive Treatment of Chronic Obstructive Pulmonary Disease Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">B. The State Department of Health shall create a comprehensive chronic obstructive pulmonary disease (COPD) state plan that outlines sustainable solutions for reducing the burden of COPD in Oklahoma through the coordinated implementation of multiple strategies. The Department may utilize existing plans developed by advocacy organizations as a cost-saving means of developing such strategies. These strategies shall include, without limitation, recommendations for:&nbsp;</span></p> <p><span class="cls0">1. The prevention and early detection of COPD to reduce the incidence of disease;&nbsp;</span></p> <p><span class="cls0">2. The treatment and management of COPD to ensure that health care providers offer state-of-the-art care;&nbsp;</span></p> <p><span class="cls0">3. Increasing public awareness, patient education and proper medical management of COPD among the general public and those living with COPD; and&nbsp;</span></p> <p><span class="cls0">4. Improving COPD outcomes in Oklahoma through increases in COPD funding and resources as well as ongoing effective advocacy by government leaders and people with COPD.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 388, &sect; 1, emerg. eff. June 7, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-501. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purposes of this article:&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(b) The term "prevention" means any and all conditions that may preclude or reduce the possibility of the onset or beginning of disease.&nbsp;</span></p> <p><span class="cls0">(c) The term "control" means any and all procedures which modify, or may modify, favorably the course of disease.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 5, &sect; 501, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-502. Rules and regulations.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 502, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-502.1. Communicable diseases - Universal precautions - Rules and regulations - Risk exposure.&nbsp;</span></p> <p><span class="cls0">A. All agencies and organizations that regularly employ emergency medical technicians, paramedics, firefighters, peace officers, as defined in Section 648 of Title 21 of the Oklahoma Statutes, correctional officers and employees, or health care workers, all mental health or 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.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Health shall promulgate rules and guidelines that will implement a system of notification of emergency medical technicians, paramedics, firefighters, health care workers, funeral directors, peace officers, and any person who in good faith renders aid in accordance with the Good Samaritan Act relating to risk exposures during health care activities, emergency response activities or funeral preparations. Risk exposure shall be defined by the State Board of Health to be exposure that is epidemiologically demonstrated to have the potential for transmitting a communicable disease.&nbsp;</span></p> <p><span class="cls0">C. The Board of Mental Health and Substance Abuse Services, Department of Human Services, Oklahoma Cerebral Palsy Commission, and State Board of Corrections shall each promulgate rules, guidelines or policies to provide for such notification of risk exposures to persons employed by such agencies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 153, &sect; 1, eff. Jan. 1, 1989. Amended by Laws 1992, c. 307, &sect; 14, eff. July 1, 1992; Laws 2013, c. 246, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;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.&nbsp;</span></p> <p><span class="cls0">A. Unless otherwise provided by law, all information and records concerning any person who has participated in a public health investigation or who may have any communicable or noncommunicable disease which is required to be reported pursuant to Sections 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 obtained pursuant to the requirements of Sections 1-501 through 1-532.1 of this title shall not be required to be produced pursuant to the Oklahoma Open Records Act. Any information authorized to be released pursuant to paragraphs 1 through 8 of this subsection shall be released in such a way that no person can be identified unless otherwise provided for in such paragraph or by law. Such information shall not be released except under the following circumstances:&nbsp;</span></p> <p><span class="cls0">1. Release is made upon court order;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. Release is made of specific medical or epidemiological information for statistical purposes whether within the State of Oklahoma or throughout the United States, in such a way that no person can be identified;&nbsp;</span></p> <p><span class="cls0">7. Release is made of medical information among health care providers, their agents or employees, within the continuum of care for the purpose of diagnosis and treatment of the person whose information is released whether within the State of Oklahoma or throughout the United States; or&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">B. For the purposes of this section only, &ldquo;written consent&rdquo; 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. 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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the parent, parents, legal representative, or legal guardian or legal custodian of the student;&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the physician of the student;&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a representative from the superintendent&rsquo;s office of the affected school district;&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a representative from the State Department of Education; and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;a representative from the State Department of Health.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The State Commissioner of Health or designee;&nbsp;</span></p> <p><span class="cls0">2. Legal counsel to the State Commissioner of Health;&nbsp;</span></p> <p><span class="cls0">3. The state epidemiologist or designee;&nbsp;</span></p> <p><span class="cls0">4. An infectious disease specialist with expertise in HIV/HBV infection; and&nbsp;</span></p> <p><span class="cls0">5. Two practicing health care workers from the same discipline as the HIV/HBV-infected health care worker.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The facility administrator;&nbsp;</span></p> <p><span class="cls0">2. The hospital epidemiologist;&nbsp;</span></p> <p><span class="cls0">3. The chair of the infection control committee of the facility; or&nbsp;</span></p> <p><span class="cls0">4. The medical chief of staff of the facility.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 153, &sect; 2, eff. July 1, 1988. Amended by Laws 1990, c. 27, &sect; 3, emerg. eff. April 3, 1990; Laws 1991, c. 200, &sect; 4, eff. Sept. 1, 1991; Laws 1992, c. 144, &sect; 1, eff. Sept. 1, 1992; Laws 2004, c. 168, &sect; 15, emerg. eff. April 27, 2004; Laws 2007, c. 153, &sect; 1, eff. Nov. 1, 2007; Laws 2008, c. 393, &sect; 6, eff. Nov. 1, 2008; Laws 2011, c. 105, &sect; 18, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-502.3. Person withdrawing or testing blood for human immunodeficiency virus (HIV) - Civil and criminal liability - Definitions.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A written statement by the person whose blood is to be withdrawn and tested; or&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. An order from a court of competent jurisdiction that blood be withdrawn and tested.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. No person specified in this section shall incur any civil or criminal liability for:&nbsp;</span></p> <p><span class="cls0">1. Providing results of the testing to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the person whose blood was tested,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the person incurring the exposure, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the State Department of Health or such agency it may designate;&nbsp;</span></p> <p><span class="cls0">2. Not providing the results of the testing to any other person; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. For the purposes of this section:&nbsp;</span></p> <p><span class="cls0">1. "Bodily fluids" means fluids which have been medically proven and medically accepted as transmitters or conductors of human immunodeficiency virus; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 200, &sect; 6, eff. Sept. 1, 1991. Amended by Laws 1992, c. 144, &sect; 2, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631503. Reports of disease.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 5, &sect; 503. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-504. Quarantine - Violation of quarantine unlawful - Injunctive relief.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 504, operative July 1, 1963. Amended by Laws 2008, c. 393, &sect; 7, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-505. Removal of diseased persons authorized.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 5, &sect; 505, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-506. Permission for removal of diseased persons.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 5, &sect; 506, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-507. Schools - Attendance of diseased pupils&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 5, &sect; 507, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631508. Animals Quarantine.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;prior rabies vaccinations,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the degree of exposure to rabies,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the history and prior behavior of the animal prior to exposure, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the willingness of the individual so exposed to submit to post-exposure antirabies immunization.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 508. Amended by Laws 1991, c. 12, &sect; 1, emerg. eff. March 25, 1991; Laws 1996, c. 124, &sect; 1, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631509. Inflammation of eyes of newborn infants.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 5, &sect; 509. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-510. Required eye treatment of infant - Exemption.&nbsp;</span></p> <p><span class="cls0">A. It shall be the duty of any physician, midwife, or other person attendant upon the birth of a newborn infant to ensure treatment of the eyes of the infant with a prophylactic ophthalmic agent as recommended by the Centers for Disease Control and Prevention as prophylaxis against ophthalmia neonatorum.&nbsp;</span></p> <p><span class="cls0">B. Nothing in this section shall be construed to prohibit a parent or legal guardian of a newborn infant from refusing prophylactic treatment on religious grounds or when such person deems that it is in the best interest of the child. If the parent or legal guardian of the newborn infant refuses the prophylactic treatment, the health care provider shall document the refusal in the medical file of the newborn infant.&nbsp;</span></p> <p><span class="cls0">C. The State Board of Health shall promulgate rules as necessary to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, Art. 5, &sect; 510. Amended by Laws 2010, c. 196, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-511. Repealed by Laws 2010, c. 196, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-512. Repealed by Laws 2010, c. 196, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-513. Repealed by Laws 2010, c. 196, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-514. Repealed by Laws 2010, c. 196, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-515. Pregnant women - Tests for syphilis.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 5, &sect; 515, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-515.1. Physicians attending upon pregnant females &ndash; Blood sample.&nbsp;</span></p> <p><span class="cls0">A. Every physician or any other person permitted by law to attend upon pregnant females in this state, at the time of delivery and only if the pregnant female has had no prenatal care, shall:&nbsp;</span></p> <p><span class="cls0">1. Take, or cause to be taken under the order of a physician licensed to practice in this state, a sample of blood from the pregnant female; and&nbsp;</span></p> <p><span class="cls0">2. Submit the sample to an approved laboratory for a standard serological test for the human immunodeficiency virus.&nbsp;</span></p> <p><span class="cls0">B. The term "approved laboratory" shall mean a laboratory approved for the purposes of this section by the State Commissioner of Health. A standard serological test for the human immunodeficiency virus shall be one recognized as such by the Commissioner. Such laboratory tests shall be made, on request, without charge by the State Department of Health.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 88, &sect; 2, emerg. eff. April 20, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-516. Reports - Blood tests for syphilis.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 5, &sect; 516, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-516.1. Exemption.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 5, &sect; 516.1, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-517. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purposes of the following sections of this article:&nbsp;</span></p> <p><span class="cls0">(a) The term "sexually transmitted infection (STI)" means syphilis, gonorrhea, chlamydia, human immunodeficiency virus (HIV)/acquired immune deficiency syndrome (AIDS), and any other disease which may be transmitted from any person to any other person through or by means of any form of sexual contact.&nbsp;</span></p> <p><span class="cls0">(b) The term "infected person" means any individual, either sex, who may be carrying the organism or is afflicted with any STI.&nbsp;</span></p> <p><span class="cls0">(c) The term "dealer" means any person who may handle, for sale, any medicinal remedies or supposed remedies for an STI, and the agents, clerks and employees of any such person; and any person who may profess or claim to treat or cure, by the use of medicine or otherwise, any sexually transmitted infection (STI), and the agents, clerks and employees.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 517, operative July 1, 1963. Amended by Laws 2011, c. 105, &sect; 19, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-518. Report and treatment of disease.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 518, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-519. Repealed by Laws 2011, c. 105, &sect; 38, eff. Nov. 1, 2011.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-520. False discharge from treatment - Penalty.&nbsp;</span></p> <p><span class="cls0">Any physician who shall, after having knowledge or information that any person is or may be an infected person, sell, give or furnish to such infected person, or to any other person for such infected person, a discharge from treatment, or written instrument or statement pronouncing such infected person cured, before such infected person is actually cured of such sexually transmitted infection (STI), shall be guilty of a misdemeanor. Provided, however, that no person who is infected with an STI but who has received treatment adequate to render the person noninfectious shall be denied a permit to work, because of the infection, in those categories of employment where permits to work are required by state law or local ordinance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 520, operative July 1, 1963. Amended by Laws 2011, c. 105, &sect; 20, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-521. Treatment by person not a physician.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 5, &sect; 521, operative July 1, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-522. Treatment without prescription.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any dealer to treat or offer to treat any infected person, or to sell, furnish or give to any infected person, or to any other person whomsoever, any medicines of any kind that may be advertised or used for treatment of (STI), before requiring such person to produce and file with such dealer a proper prescription for such medicine, issued and signed by a physician, which prescription shall be by the dealer kept on file for a period of one (1) year from the date of the person receiving the same, and subject, at all reasonable hours, to the inspection of the State Commissioner of Health or local health officer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 522, operative July 1, 1963. Amended by Laws 2011, c. 105, &sect; 21, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-523. Institutions - Treatment of infected inmates - Notice to persons in contact with infected inmates - Testing of inmates.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. Such institutions shall further furnish a physician and all proper medicines, instruments and apparatus for the proper treatment of such infected inmate.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. As used in this section, the term "serious transmissible disease" means the Human Immunodeficiency Virus (HIV) and hepatitis.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 523, operative July 1, 1963. Amended by Laws 1992, c. 45, &sect; 1, emerg. eff. April 3, 1992; Laws 1994, c. 58, &sect; 1, emerg. eff. April 15, 1994; Laws 1998, c. 148, &sect; 1, emerg. eff. April 22, 1998; Laws 2008, c. 366, &sect; 9, emerg. eff. June 3, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-524. Prisoners - Examinations - Testing certain persons for sexually transmitted infection (STI) or human immunodeficiency virus (HIV) - Treatment - Quarantine.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Any licensed physician may examine persons who are arrested by lawful warrant for prostitution, or other sex crimes not specified in Section 1-524.1 of this title, for the purpose of determining if they are infected with a sexually transmitted infection (STI) or a communicable disease including, but not limited to, the human immunodeficiency virus (HIV). For purposes of expediting such examination, in counties with a population of greater than four hundred thousand (400,000), the county sheriff or the chief of police of any municipality with a population of greater than two hundred thousand (200,000) that is located within such county and that has a municipal court of record shall notify the city-county health department serving the county of any person who has been arrested by county or city officers for prostitution. Any such examination shall be made subsequent to arrest and if the examination is for the human immunodeficiency virus, upon order of the court issued at the initial appearance of the arrested person. Every person shall submit to the examination and shall permit specimens to be taken for laboratory examinations. Such person may be detained until the results of the examination are known. The examination shall be made by a licensed physician. A determination as to whether or not the person is infected shall not be based on any prior examination. Any person found to be infected with a sexually transmitted infection (STI) shall be treated by the State Commissioner of Health or local health officer, or a physician of such person's own choice, until such person is noninfectious or dismissed by the Commissioner or local health officer or physician. In the event a person infected with a sexually transmitted infection (STI) refuses or fails to submit to treatment, then such person may be quarantined for the purpose of treatment, and a report thereof shall be made to the Commissioner.&nbsp;</span></p> <p><span class="cls0">C. For purposes of this section, the term "initial appearance&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 524, operative July 1, 1963. Amended by Laws 1991, c. 200, &sect; 5, eff. Sept. 1, 1991; Laws 1998, c. 117, &sect; 1, eff. July 1, 1998; Laws 2002, c. 348, &sect; 4, emerg. eff. May 30, 2002; Laws 2003, c. 346, &sect; 1, emerg. eff. May 29, 2003; Laws 2011, c. 105, &sect; 22, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-524.1. Examination of certain arrested persons for a sexually transmitted infection (STI) including human immunodeficiency virus (HIV) - Court order - Required provisions - Notification concerning results to victim's designated professional - Treatment - Responsibility for costs.&nbsp;</span></p> <p><span class="cls0">A. A licensed physician shall examine persons who are arrested by lawful warrant for the offense of first or second degree rape, forcible sodomy or the intentional infection or attempt to intentionally infect a person with the human immunodeficiency virus for the purpose of determining if the person is infected with a sexually transmitted infection (STI), including, but not limited to, the human immunodeficiency virus (HIV). For purposes of expediting such examination, in counties with a population of greater than four hundred thousand (400,000), the county sheriff or the chief of police of any municipality with a population of greater than two hundred thousand (200,000) that is located within such county and that has a municipal court of record shall notify the city-county health department serving the county of any person who has been arrested by county or city officers for such offense. Any such examination shall be made subsequent to arrest as provided in this section. Every person shall submit to the examination and shall permit specimens to be taken for laboratory examinations. Such person may be detained until the results of the examination are known. A determination as to whether or not the person is infected shall not be based on any prior examination. Any person found to be infected with a sexually transmitted infection (STI) shall be treated by a physician of such person's own choice, until such person is noninfectious or dismissed by the Commissioner or local health officer or physician. The costs of such treatment shall be the responsibility of the person who is examined and tested and the court shall order the person to pay such costs. In the event a person infected with a sexually transmitted infection (STI) refuses or fails to submit to treatment, then such person may be quarantined for the purpose of treatment, and a report thereof shall be made to the Commissioner.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s treatment due to potential exposure to sexually transmitted infections (STIs). A confirmation examination and test may be conducted following any examination or test yielding a positive result that is not conclusive of the presence of the human immunodeficiency virus (HIV) or other sexually transmitted infection (STI).&nbsp;</span></p> <p class="cls7"><span class="cls0">E. The court shall include the following provisions in its order and shall not include the name or address of the alleged victim:&nbsp;</span></p> <p><span class="cls0">1. A list of specific examinations and tests, including, but not limited to: blood tests for human immunodeficiency virus (HIV), hepatitis B, hepatitis C, syphilis, gonorrhea, chlamydia, and visual examinations for evidence of genital herpes and genital warts for which examinations and tests are available;&nbsp;</span></p> <p><span class="cls0">2. A provision requiring the physician, clinic or hospital which provides the examination and testing to immediately notify the district attorney&rsquo;s office, through the Victim Witness Coordinator, when the test and examination results have been completed;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. A provision directing the offender and victim to be treated for infection as indicated in any positive examination and test result; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s designation or, if no designation has been made, forward copies to the Victim Witness Coordinator&rsquo;s office. The Victim Witness Coordinator shall notify the victim&rsquo;s designated professional that the results are being forwarded and instruct the victim to set a time to receive the results in person.&nbsp;</span></p> <p><span class="cls0">G. When the examination and test results indicate infection of any sexually transmitted infection (STI), the victim shall be treated by the State Commissioner of Health or local health officer, or a physician of the victim&rsquo;s own choice, until noninfectious or dismissed by the Commissioner, local health officer or physician.&nbsp;</span></p> <p><span class="cls0">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 &ldquo;Sex Crime&rdquo; to expedite handling and shall include a criminal case number, if known.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">J. The cost of examination and testing authorized by this section shall be the responsibility of the facility having custody of the person at the time of arrest. The court shall order the defendant to reimburse such facility at the time of sentencing for all actual costs associated with examination and testing required by this section. No cost of any kind shall be incurred by any victim of such crimes for testing, obtaining the results of tests, or for treatment required by a victim due to a positive result for a test for a sexually transmitted infection (STI) resulting from an offense specified in this section.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 346, &sect; 2, emerg. eff. May 29, 2003. Amended by Laws 2011, c. 105, &sect; 23, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-525. Exposure of prescriptions and records - Disclosure of results of examinations of persons arrested for certain sex offenses and offenses involving human immunodeficiency virus (HIV) - Testing and counseling services - Rules and regulations.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided by law, the prescription and records required by the foregoing provisions to be filed and kept shall not be exposed to any person other than the State Commissioner of Health or local health officer, or when properly ordered by a court of competent jurisdiction to be used as evidence in such court, and no information whatever shall be given to any person concerning any infected person except to appropriate persons for use in the proper courts of this state. Provided, that records of diagnosis and treatment may be transmitted to physicians and to health authorities in this and other states upon written request of the person affected. Provided further, results of examinations conducted on persons arrested by lawful warrant for the offense of first or second degree rape, forcible sodomy, or intentional infection or attempted infection of a person with the human immunodeficiency virus, shall be provided to the alleged victim of the crime upon the request of the victim, the parent of the victim if the victim is a minor, or upon request of the legal guardian or custodian of the victim. The name of the arrested and examined person shall not be disclosed on the transmitted record. The State Department of Health shall provide to the victims the positive test results. The Department shall provide free testing to the alleged victim for any sexually transmitted infection (STI) or communicable disease for which the arrestee tests positive, as indicated in the transmitted record of diagnosis. Such testing shall be accompanied with pretest and post-test counseling. Such counseling shall include the provision of information to the victim or the parent, legal guardian or custodian of the victim concerning the venereal or communicable disease indicated in the transmitted record and the location of public and private facilities in the vicinity offering tests and counseling for persons who have the sexually transmitted infection (STI) or communicable disease.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 525, operative July 1, 1963. Amended by Laws 1991, c. 200, &sect; 7, eff. Sept. 1, 1991; Laws 1991, c. 307, &sect; 6, eff. Sept. 1, 1991; Laws 2011, c. 105, &sect; 24, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-526. Rules and regulations.&nbsp;</span></p> <p><span class="cls0">The State Board of Health shall make all rules and regulations for the prevention and cure, and to prevent the spread, of sexually transmitted infections (STIs), which it deems necessary for the control of STIs. &nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 526, operative July 1, 1963. Amended by Laws 2011, c. 105, &sect; 25, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-527. Reports of a sexually transmitted infection.&nbsp;</span></p> <p><span class="cls0">Any physician who makes a diagnosis or treats a case of a sexually transmitted infection (STI), and every superintendent or manager of a hospital, dispensary or charitable or penal institution in which there is a case of an STI, shall report such case immediately, in writing, 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 527, operative July 1, 1963. Amended by Laws 2011, c. 105, &sect; 26, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-528. Sexually transmitted infection cases - Instructions - Notification.&nbsp;</span></p> <p><span class="cls0">(a) It shall be the duty of every physician who examines or treats a person having a sexually transmitted infection (STI) to instruct that person in measures preventing the spread of such disease and of the necessity for treatment until cured.&nbsp;</span></p> <p><span class="cls0">(b) If an attending physician or other person knows or has good reason to suspect that a person having a sexually transmitted infection (STI) is so conducting as to expose other persons to infection, or is about to so conduct, the person shall notify the local health officer of the name and address of the diseased person and the essential facts in the case.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 528, operative July 1, 1963. Amended by Laws 2011, c. 105, &sect; 27, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-529. Investigations by health officers.&nbsp;</span></p> <p><span class="cls0">All local health officers shall use every available means to ascertain the existence of, and to investigate all cases of, sexually transmitted infection (STI) within their respective jurisdictions, and to ascertain the sources of such infections; and shall make examination of any person reported two or more times as a suspected source of an STI.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 529, operative July 1, 1963. Amended by Laws 2011, c. 105, &sect; 28, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-530. Protection against spread of infection.&nbsp;</span></p> <p><span class="cls0">(a) Upon receipt of a report of a case of sexually transmitted infection (STI), the local health officer shall institute measures, which may include quarantine, for protection of other persons from infection by a person infected with an STI.&nbsp;</span></p> <p><span class="cls0">(b) The State Board of Health shall adopt rules and regulations for the quarantine of persons infected with a sexually transmitted infection (STI), to prevent the spread of sexually transmitted infection (STI).&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 530, operative July 1, 1963. Amended by Laws 2011, c. 105, &sect; 29, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-531. Certificates of freedom from infection.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for physicians, health officers, and other persons to issue certificates of freedom from sexually transmitted infection (STI), except as authorized by law and the rules and regulations of the State Board of Health.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 531, operative July 1, 1963. Amended by Laws 2011, c. 105, &sect; 30, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-532. Publicity of information and reports.&nbsp;</span></p> <p><span class="cls0">All information and reports concerning persons infected with sexually transmitted infections (STIs) shall be inaccessible to the public, except insofar as publicity may attend the performance of duties imposed by the laws of the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 5, &sect; 532, operative July 1, 1963. Amended by Laws 2011, c. 105, &sect; 31, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631532.1. Minor's consent to examination and treatment for sexually transmitted infections.&nbsp;</span></p> <p><span class="cls0">Any person, regardless of age, has the capacity to consent to examination and treatment by a licensed physician for any sexually transmitted infection (STI).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 18, &sect; 1, emerg. eff. March 16, 1971. Amended by Laws 2011, c. 105, &sect; 32, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-533. Phenylketonuria, related inborn metabolic disorders and other genetic or biochemical disorders - Educational and newborn screening programs.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Newborn screening will provide early treatment and management opportunities that might not be available without screening; and&nbsp;</span></p> <p><span class="cls0">2. Treatment and management will prevent mental retardation and/or reduce infant morbidity and mortality.&nbsp;</span></p> <p><span class="cls0">B. This educational and newborn screening program shall include information about:&nbsp;</span></p> <p><span class="cls0">1. The nature of the diseases;&nbsp;</span></p> <p><span class="cls0">2. Examinations for the detection of the diseases in infancy; and&nbsp;</span></p> <p><span class="cls0">3. Follow-up measures to prevent the morbidity and mortality resulting from these diseases.&nbsp;</span></p> <p><span class="cls0">C. For purposes of this section, &ldquo;phenylketonuria&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">D. The State Board of Health shall promulgate any rules necessary to effectuate the provision of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 252, &sect; 1. Amended by Laws 2002, c. 463, &sect; 1, eff. Nov. 1, 2002; Laws 2005, c. 452, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-534. Tests.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1965, c. 252, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-534.1. State Plan for the Prevention and Treatment of AIDS - Lead agency - Submission to Legislature - Preparation.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 201, &sect; 1, eff. Sept. 1, 1993. Amended by Laws 2011, c. 105, &sect; 33, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-534.2. State Plan for the Prevention and Treatment of AIDS - Contents.&nbsp;</span></p> <p><span class="cls0">The State Plan for the Prevention and Treatment of AIDS shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">5. Case management and other programs that ensure access to needed health care and that reduce the cost of treatment for persons with AIDS.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 201, &sect; 2, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-539.1. Short title - Definitions.&nbsp;</span></p> <p><span class="cls0">A. This act shall be known and may be cited as the "Needlestick Injury Prevention Act".&nbsp;</span></p> <p><span class="cls0">B. For purposes of the Needlestick Injury Prevention Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Ambulance&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">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);&nbsp;</span></p> <p><span class="cls0">3. "Committee" means the Needlestick Injury Prevention Committee;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Department&rdquo; means the State Department of Health;&nbsp;</span></p> <p><span class="cls0">5. "Engineered sharps injury protection" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;First responder&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;High exposure area&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">8. "Needleless systems" means devices that do not utilize needles for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the withdrawal of body fluids after initial venous or arterial access is established,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the administration of medication or fluids, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;any other procedure involving the potential for an exposure incident;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 297, &sect; 1, emerg. eff. June 5, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-539.2. Needlestick Injury Prevention Committee &ndash; Appointments &ndash; Powers and duties.&nbsp;</span></p> <p><span class="cls0">A. By August 1, 2000, each of the following agencies and associations shall appoint a member to the Needlestick Injury Prevention Committee:&nbsp;</span></p> <p><span class="cls0">1. The State Department of Health;&nbsp;</span></p> <p><span class="cls0">2. The State Department of Labor;&nbsp;</span></p> <p><span class="cls0">3. The Oklahoma Board of Nursing;&nbsp;</span></p> <p><span class="cls0">4. The Oklahoma State Medical Association;&nbsp;</span></p> <p><span class="cls0">5. The Oklahoma Osteopathic Association;&nbsp;</span></p> <p><span class="cls0">6. The Oklahoma Hospital Association;&nbsp;</span></p> <p><span class="cls0">7. The Oklahoma Nurses Association;&nbsp;</span></p> <p><span class="cls0">8. The Pharmaceutical Research and Manufacturers of America;&nbsp;</span></p> <p><span class="cls0">9. The Professional Firefighters of Oklahoma Association;&nbsp;</span></p> <p><span class="cls0">10. The Oklahoma Emergency Medical Technicians Association; and&nbsp;</span></p> <p><span class="cls0">11. The Oklahoma Municipal League.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The State Commissioner of Health shall convene the first meeting of the Committee on or before October 1, 2000.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo; 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&rsquo; duties for the Committee, as provided in the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">F. The Committee shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Evaluate needleless systems and sharps with engineered sharps injury protection in high exposure areas;&nbsp;</span></p> <p><span class="cls0">2. Compile a list of existing needleless systems and sharps with engineered sharps injury protection to assist employers;&nbsp;</span></p> <p><span class="cls0">3. Develop guidelines for uniform administrative rules related to the use of needleless systems and engineered sharps injury protection in high exposure areas;&nbsp;</span></p> <p><span class="cls0">4. Develop compliance thresholds for needleless systems in high exposure areas;&nbsp;</span></p> <p><span class="cls0">5. Assess the rate of use of needleless systems in high exposure areas;&nbsp;</span></p> <p><span class="cls0">6. Utilize the latest version of a directive published by the Occupational Safety and Health Administration, United States Department of Labor entitled &ldquo;Enforcement Procedures for the Occupational Exposure to Bloodborne Pathogens&rdquo; for the reporting mechanism for needlestick injuries in high exposure areas;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">G. In exercising such powers and duties the Committee shall:&nbsp;</span></p> <p><span class="cls0">1. Consider training and education requirements and increased use of personal protective equipment in high exposure areas;&nbsp;</span></p> <p><span class="cls0">2. Consider the cost, cost benefit analysis and the availability of a needleless system; and&nbsp;</span></p> <p><span class="cls0">3. Consider information contained in the Center for Disease Prevention and Control's publication on universal precautions.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a prefilled syringe that is approved by the federal Food and Drug Administration; provided, however, this exemption shall expire on June 1, 2004, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;prefilled syringes purchased or in stock prior to June 1, 2004.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">J. The Committee shall terminate on July 1, 2006.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 297, &sect; 2, emerg. eff. June 5, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-539.3. Uniform rules to be promulgated by certain state agencies.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. That each public or private health care facility or location have a written exposure control plan for risk exposure to bloodborne pathogens;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. That the written exposure control plans include an effective procedure for identifying and selecting existing sharps prevention technology in high exposure areas;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">6. Such other requirements deemed necessary by the Needlestick Injury Prevention Committee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The State Department of Health; and&nbsp;</span></p> <p><span class="cls0">2. The State Department of Labor.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 297, &sect; 3, emerg. eff. June 5, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631540. Information campaign on DES.&nbsp;</span></p> <p><span class="cls0">The State Commissioner of Health shall establish special programs with regard todiethylstilbestrol, hereinafter referred to as DES, which shall:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. Include programs for DESexposed persons in existing comprehensive screening units.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1980, c. 73, &sect; 1, emerg. eff. April 14, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;631541. Registry of persons who took DES.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1980, c. 73, &sect; 2, emerg. eff. April 14, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;631542. Report of findings and recommendations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1980, c. 73, &sect; 3, emerg. eff. April 14, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-543. Short title - Screening for detection of congenital or acquired hearing loss.&nbsp;</span></p> <p><span class="cls0">A. This act shall be known and may be cited as the &ldquo;Newborn Infant Hearing Screening Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 &ldquo;tangible asset&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 141, &sect; 1, emerg. eff. April 9, 1982. Amended by Laws 2000, c. 204, &sect; 1, eff. Nov. 1, 2000; Laws 2006, c. 273, &sect; 1, emerg. eff. June 7, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631544. Report of results.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1982, c. 141, &sect; 2, emerg. eff. April 9, 1982. &nbsp;</span></p> <p><span class="cls0">&sect;631545. Publication of results Release of information.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1982, c. 141, &sect; 3, emerg. eff. April 9, 1982. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-546.1. Short title &ndash; Legislative findings.&nbsp;</span></p> <p><span class="cls0">A. Sections 1 through 5 of this act shall be known and may be cited as the "Oklahoma Prenatal Addiction Act."&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 301, &sect; 1, emerg. eff. June 5, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-546.2. Repealed by Laws 2004, c. 92, &sect; 5, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-546.3. Repealed by Laws 2004, c. 92, &sect; 5, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-546.4. Duties of Department of Health and Department of Mental Health and Substance Abuse Services.&nbsp;</span></p> <p><span class="cls0">A. The Department of Mental Health and Substance Abuse Services shall:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. Assist such programs to develop and implement treatment modalities and services appropriate for pregnant women.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 301, &sect; 4, emerg. eff. June 5, 2000. Amended by Laws 2001, c. 434, &sect; 15, emerg. eff. June 8, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-546.5. District attorney multidisciplinary teams - Appropriate dispositions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 301, &sect; 5, emerg. eff. June 5, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631550.1. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this act:&nbsp;</span></p> <p><span class="cls0">1. "Birth defect" means any physical or chemical abnormality present at birth;&nbsp;</span></p> <p><span class="cls0">2. "Commissioner" means the Commissioner of Health;&nbsp;</span></p> <p><span class="cls0">3. "Department" means the Oklahoma State Department of Health;&nbsp;&nbsp;4. "ICD9CM diagnostic code categories" means the International Classification of Disease which assigns numbers to each of the congenital anomalies; and&nbsp;</span></p> <p><span class="cls0">5. "Poor reproductive outcomes" includes but is not limited to stillbirths and miscarriages.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 199, &sect; 1, eff. Nov. 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;631550.2. Birth defects surveillance program.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Obtain information on the incidence and trends of birth defects and poor reproductive outcomes;&nbsp;</span></p> <p><span class="cls0">2. Obtain information to determine whether environmental hazards are associated with birth defects and poor reproductive outcomes;&nbsp;</span></p> <p><span class="cls0">3. Obtain information as to other possible causes of birth defects and poor reproductive outcomes; and&nbsp;</span></p> <p><span class="cls0">4. Develop prevention strategies for reducing the incidence of birth defects, and poor reproductive outcomes.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The system shall be implemented statewide.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Investigate the causes of birth defects and poor reproductive outcomes;&nbsp;</span></p> <p><span class="cls0">2. Determine and evaluate measures designed to prevent their occurrences; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The name of the persons authorizing access;&nbsp;</span></p> <p><span class="cls0">2. The name, title and organizational affiliation of persons given access;&nbsp;</span></p> <p><span class="cls0">3. The dates of access;&nbsp;</span></p> <p><span class="cls0">4. The specific purpose for which the information is to be used; and&nbsp;</span></p> <p><span class="cls0">5. The results of the independent research.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 199, &sect; 2, eff. Nov. 1, 1987. Amended by Laws 1992, c. 123, &sect; 1, emerg. eff. April 23, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-550.3. Record of Infants Born Exposed to Alcohol and Other Harmful Substances.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Record of Infants Born Exposed to Alcohol and Other Harmful Substances shall include, but not be limited to, the following information:&nbsp;</span></p> <p><span class="cls0">1. The classification of the birth hospital, whether it is public or private;&nbsp;</span></p> <p><span class="cls0">2. Results of the toxicology report on an infant and its mother and, if positive, the type of drug or drugs involved;&nbsp;</span></p> <p><span class="cls0">3. The date of birth, birth weight, gestational age and race of the infant;&nbsp;</span></p> <p><span class="cls0">4. The county of residence;&nbsp;</span></p> <p><span class="cls0">5. The date and county of report;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">7. Type of treatment, whether the mother was referred for inpatient or outpatient; and&nbsp;</span></p> <p><span class="cls0">8. Whether the child was recommended for removal from custody of the parent.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 327, &sect; 4, eff. Sept. 1, 1994. Amended by Laws 1998, c. 22, &sect; 1, emerg. eff. April 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-550.4. Short title &ndash; Fayelen's Law.&nbsp;</span></p> <p><span class="cls0">This section shall be known and may be cited as "Fayelen's Law".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 60, &sect; 1, eff. July 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-550.5. Birthing facility &ndash; Pulse oximetry screening.&nbsp;</span></p> <p><span class="cls0">A. As used in this section, "birthing facility" means an inpatient or ambulatory health care facility licensed by the State Department of Health that provides birthing and newborn care services.&nbsp;</span></p> <p><span class="cls0">B. The State Department of Health shall require each birthing facility to perform a pulse oximetry screening on every newborn in its care prior to discharge from the birthing facility.&nbsp;</span></p> <p><span class="cls0">C. The State Board of Health shall promulgate rules necessary to carry out the purposes of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 60, &sect; 2, eff. July 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-551.1. Tumor registry.&nbsp;</span></p> <p><span class="cls0">A. The State Commissioner of Health shall establish and maintain an up-to-date tumor registry to ensure an accurate and continuing source of data concerning such cancerous, precancerous and tumorous diseases as the State Board of Health may by rule specify. Such 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.&nbsp;</span></p> <p><span class="cls0">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 which provides diagnostic or treatment services for cancerous diseases and precancerous conditions, to report any or all data and information necessary for the purposes of this act which may include the following:&nbsp;</span></p> <p><span class="cls0">1. Patient name, address, age, race, sex, social security number and hospital identifier or other identifier;&nbsp;</span></p> <p><span class="cls0">2. Patient's residential, family, environmental, occupational and medical histories; and&nbsp;</span></p> <p><span class="cls0">3. Physician's name, diagnosis, stage of the disease, method of treatment and the name and address of any facility providing treatment.&nbsp;</span></p> <p><span class="cls0">C. The provisions of subsection B of this section shall not apply to ambulatory service centers, as defined by Section 2657 of this title, upon submission of a signed affidavit that the ambulatory service center utilizes a sole source pathology laboratory to report any or all data and information necessary for the purposes of this act.&nbsp;</span></p> <p><span class="cls0">D. The Commissioner shall protect the identity of the patient and physician involved in any report required by this act, and may not release their identity without written consent, except that:&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the research activity is determined to be in the interest of the public health and welfare,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the proposed safeguards are adequate to protect the identity of each patient whose records will be reviewed, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">4. Provided further, that any confidential information released by the Commissioner under this act shall be deemed to be a confidential communication within the meaning of the physician-patient and the psychotherapist-patient privilege.&nbsp;</span></p> <p><span class="cls0">E. Nothing in this act shall be construed to compel any individual to submit to any medical examination, treatment or supervision of any kind; nor shall anyone providing information in accordance with this act be deemed to be, or held liable for, divulging confidential information. An individual shall have the right to deny registration on religious grounds.&nbsp;</span></p> <p><span class="cls0">F. The State Board of Health is empowered to adopt reasonable regulations to carry out the provisions of this act.&nbsp;</span></p> <p><span class="cls0">G. Any person who, in violation of a written agreement to maintain confidentiality, willfully discloses any information provided pursuant to this section shall be denied further access to any confidential information maintained by the Department. That person shall also be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of Two Hundred Dollars ($200.00) or imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 197, &sect; 1, eff. Nov. 1, 1987. Amended by Laws 2013, c. 235, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631552. Investigations and other actions Compilation and evaluation of information.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 60, &sect; 3, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-553. Bone marrow donation program.&nbsp;</span></p> <p><span class="cls0">A. If funds are available, the Oklahoma Medical Center shall design and implement a statewide general public education program concerning:&nbsp;</span></p> <p><span class="cls0">1. The need for bone marrow donors;&nbsp;</span></p> <p><span class="cls0">2. The procedures required to become registered as a potential bone marrow donor, including procedures for determining the tissue type of a person; and&nbsp;</span></p> <p><span class="cls0">3. The medical procedures a donor must undergo to donate bone marrow or other sources of blood stem cells.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 213, &sect; 1, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-554. Oklahoma Breast and Cervical Cancer Act.&nbsp;</span></p> <p><span class="cls0">Sections 1-554 through 1-558 of this title shall be known and may be cited as the &ldquo;Oklahoma Breast and Cervical Cancer Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 288, &sect; 2, eff. July 1, 1994. Renumbered from &sect; 3315 of this title by Laws 1996, c. 143, &sect; 4, emerg. eff. May 7, 1996. Amended by Laws 1998, c. 210, &sect; 2, eff. July 1, 1998. Renumbered from &sect; 5060.9a-1 of Title 74 by Laws 1998, c. 210, &sect; 9, eff. July 1, 1998. Amended by Laws 2004, c. 219, &sect; 1, emerg. eff. May 4, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-555. Repealed by Laws 2013, c. 229, &sect; 99, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-556. Contract review and recommendation.&nbsp;</span></p> <p><span class="cls0">A. The State Department of Health, giving consideration to the recommendations of the Advancement of Wellness Advisory Council created in Section 44 of this act, shall be responsible for evaluating and reporting to the Governor and the State Commissioner of Health regarding contracting for statewide services or issues related to breast cancer including, but not limited to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Medical referral of screened persons with abnormal breast findings and, to the extent practical, for additional services or assistance for such persons;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">6. Outreach to groups with high proportions of uninsured and underinsured women.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Enhanced quality control standards within facilities which perform diagnostic cancer screening for breast and cervical cancer; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The State Department of Health, giving consideration to the recommendations of the Advancement of Wellness Advisory Council created in Section 44 of this act, shall report annually to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the State Board of Health by October 1 of each year, activities completed pursuant to the Oklahoma Breast and Cervical Cancer Act during the prior fiscal year, including a report of the funding for related activities. The report shall identify populations at highest risk for breast or cervical cancer, priority strategies, and emerging technologies, including newly introduced therapies and preventive vaccines that are effective in preventing and controlling the risk of breast and cervical cancer, and any recommendations for additional funding, if necessary, to provide screenings and treatment for breast and cervical cancer for uninsured and underinsured women. The report shall further recommend strategies or actions to reduce the costs of breast and cervical cancer in the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">D. The Advancement of Wellness Advisory Council shall evaluate the prospective termination or continuation of its ongoing duties on October 1, 2008. Such evaluation shall be made based on the successful implementation of breast and cervical cancer reduction plans and/or achievement of significant reductions in breast and cervical cancer morbidity and mortality in the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 288, &sect; 4, eff. July 1, 1994. Amended by Laws 1996, c. 143, &sect; 1, emerg. eff. May 7, 1996; Laws 1998, c. 210, &sect; 4, eff. July 1, 1998. Renumbered from &sect; 5060.9c of Title 74 by Laws 1998, c. 210, &sect; 9, eff. July 1, 1998. Amended by Laws 2001, c. 411, &sect; 2, eff. Nov. 1, 2001; Laws 2004, c. 219, &sect; 3, emerg. eff. May 4, 2004; Laws 2013, c. 229, &sect; 55, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-557. Breast and Cervical Cancer Act Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. All monies donated or accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health for the purposes specified in and associated with implementation of the Oklahoma Breast and Cervical Cancer Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">4. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">B. Monies in the Breast and Cervical Cancer Act Revolving Fund may be expended by the State Department of Health for promotional activities to encourage donations to the Breast and Cervical Cancer Act Revolving Fund by individuals and private businesses or foundations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 210, &sect; 5, eff. July 1, 1998. Amended by Laws 2001, c. 411, &sect; 3, eff. Nov. 1, 2001; Laws 2004, c. 219, &sect; 4, emerg. eff. May 4, 2004; Laws 2012, c. 304, &sect; 480; Laws 2013, c. 229, &sect; 56, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-558. State income tax return check-off.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 245, &sect; 2, eff. Nov. 1, 1995. Amended by Laws 1998, c. 210, &sect; 6, eff. July 1, 1998. Renumbered from &sect; 5060.9e of Title 74 by Laws 1998, c. 210, &sect; 9, eff. July 1, 1998. Amended by Laws 2001, c. 358, &sect; 26, eff. July 1, 2001; Laws 2004, c. 219, &sect; 5, emerg. eff. May 4, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-559. Belle Maxine Hilliard Breast and Cervical Cancer Treatment Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Added by Laws 2004, c. 297, &sect; 1, eff. Nov. 1, 2004. Amended by Laws 2012, c. 304, &sect; 481. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-559.1. Task Force on the Promotion of Children's Health.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created, to continue until December 31, 2005, the Task Force on the Promotion of Children&rsquo;s Health.&nbsp;</span></p> <p><span class="cls0">B. The task force shall consist of twenty-five (25) members as follows:&nbsp;</span></p> <p><span class="cls0">1. The President Pro Tempore of the Senate shall appoint eight members as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one member of the Senate Human Resources Committee,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;one member of the Senate Appropriations Subcommittee on Health and Human Services,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a representative from the Women, Infants and Children (WIC) Program within the State Department of Health, &nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a college professor in the area of allied nutrition,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;a representative of the State Department of Education Health, Safety and Physical Education section,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;a pediatrician of African-American descent,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;a representative from the Child and Adolescent Health Division within the State Department of Health, and&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;a representative of the Oklahoma Health Care Authority;&nbsp;</span></p> <p><span class="cls0">2. The Speaker of the House of Representatives shall appoint eight members as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one member of the Oklahoma House of Representatives Human Services Committee,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;one member of the Oklahoma House of Representatives Mental Health Committee,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a representative from an urban Indian health clinic,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a pediatric endocrinologist,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;a child advocate representing Asian children,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;a representative from the Department of Mental Health and Substance Abuse Services,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;the adolescent health program coordinator for the State Department of Health, and&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;a representative of a statewide parent-teacher organization; and&nbsp;</span></p> <p><span class="cls0">3. The Governor shall appoint nine members as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a Doctor of Pharmacy,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a physical therapist or exercise therapist,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a child advocate representing Hispanic children, &nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a school counselor, &nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;a local representative from a nationally recognized organization representing grocery manufacturers,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;a local representative from a nationally recognized organization representing soft drink manufacturers,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;a representative from the Governor&rsquo;s Council on Physical Fitness and Sports,&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;the project director of Schools for Healthy Lifestyles, and&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;the president of the Oklahoma Association of Health, Physical Education, Recreation and Dance (OAHPERD).&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. Appointments to the task force shall be made upon the effective date of this act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">6. Proceedings of all meetings of the task force shall comply with the provisions of the Oklahoma Open Meeting Act.&nbsp;</span></p> <p><span class="cls0">7. The task force may divide into subcommittees in furtherance of its purpose.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">F. Members of the task force shall receive no compensation for their service, but shall receive travel reimbursement as follows:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">G. It shall be the duty of the task force to formulate recommendations related to children&rsquo;s health for the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">H. The task force shall publish a report of its findings and recommendations, including recommendations for any resulting legislation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 206, &sect; 1. Amended by Laws 2003, c. 194, &sect; 1, emerg. eff. May 7, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-559.2a. Quality Afterschool Opportunities Act to Reduce Childhood Obesity and Improve Academic Performance.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Quality Afterschool Opportunities Act to Reduce Childhood Obesity and Improve Academic Performance&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 133, &sect; 1, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-559.2b. Legislative findings.&nbsp;</span></p> <p><span class="cls0">A. The Legislature recognizes that:&nbsp;</span></p> <p><span class="cls0">1. Childhood obesity poses a major risk to the health and future of Oklahoma&rsquo;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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 133, &sect; 2, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-559.2c. Obesity reduction programs - Department duties - Rules.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Department shall, at a minimum:&nbsp;</span></p> <p><span class="cls0">1. Develop an application process;&nbsp;</span></p> <p><span class="cls0">2. Determine minimum eligibility requirements for applicants;&nbsp;</span></p> <p><span class="cls0">3. Develop procedures and criteria for awarding grants; and&nbsp;</span></p> <p><span class="cls0">4. Determine the minimum and maximum amounts to be awarded.&nbsp;</span></p> <p><span class="cls0">C. The State Board of Health shall promulgate rules as necessary to implement the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 133, &sect; 3, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-560.1. Oklahoma Task Force to Eliminate Health Disparities.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created to continue until July 1, 2006, the Oklahoma Task Force to Eliminate Health Disparities.&nbsp;</span></p> <p><span class="cls0">B. 1. The purpose of the Task Force shall be to assist the State Department of Health in accomplishing the following goals:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;eliminating health and health access disparities in Oklahoma among multicultural, disadvantaged and regional populations, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">2. The Task Force shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;recommend short-term and long-term strategies to eliminate health and health access disparities among multicultural, disadvantaged and regional populations,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;publish a report on the findings of the Task Force, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;advise the Department on the implementation of any targeted programs or funding authorized by the Legislature to address health and health access disparities.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. 1. The Task Force shall consist of fifteen (15) members to be appointed as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;The Governor shall appoint three members, one each representing faith-based communities, the business community and the labor community,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;The State Commissioner of Health shall appoint three members, one each representing community-based health organizations, the government, and health care organizations, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">2. In making appointments, the appointing authorities shall give consideration to appointing individuals from both urban and rural geographic areas of the state.&nbsp;</span></p> <p><span class="cls0">D. 1. The Governor shall designate two members of the Task Force to serve as chair and vice-chair.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">5. Staff support and facilities for the Task Force shall be provided by the State Department of Health.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 391, &sect; 1. Amended by Laws 2004, c. 192, &sect; 1, emerg. eff. May 4, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-561. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Genetic Counseling Licensure Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 174, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-562. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Genetic Counseling Licensure Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;ABGC&rdquo; means the American Board of Genetic Counseling;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;ABMG&rdquo; means the American Board of Medical Genetics;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;General supervision&rdquo; 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&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Genetic counseling&rdquo; means a communication process, conducted by one or more appropriately trained individuals, that includes:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;estimating the likelihood of occurrence or recurrence of a birth defect or of any potentially inherited or genetically influenced condition. Such assessment may involve:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;obtaining and analyzing a complete health history of an individual and the individual&rsquo;s family,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;review of pertinent medical records,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;evaluation of the risks from exposure to possible mutagens or teratogens, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;discussion of genetic testing or other valuations to diagnose a condition or determine the carrier status of one or more family members,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;helping an individual, the individual&rsquo;s family, a health care provider, or the public to:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;appreciate the medical, psychological and social implications of a disorder including its features, variability, usual course, and management options,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;learn how genetic factors contribute to the disorder and affect the chance for recurrence of the condition in other family members,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;understand available options for coping with, preventing or reducing the chance of occurrence or recurrence of a condition,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;select the most appropriate, accurate and cost-effective methods of diagnosis, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;understand genetic or prenatal tests, coordinate testing for inherited disorders, and interpret genetic test results, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;facilitating an individual&rsquo;s or family&rsquo;s:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;exploration of the perception of risk and burden associated with a disorder,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;decision-making regarding testing or medical interventions consistent with the individual&rsquo;s or family&rsquo;s beliefs, goals, needs, resources, culture and ethical or moral views, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;adjustment and adaptation to the condition or the individual&rsquo;s or family&rsquo;s genetic risk by addressing needs for psychological, social and medical support.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 174, &sect; 2, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-563. Genetic counselors - License required.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 &ldquo;genetic counselor&rdquo;, &ldquo;licensed genetic counselor&rdquo;, &ldquo;gene counselor&rdquo;, &ldquo;genetic consultant&rdquo;, &ldquo;genetic associate&rdquo;, 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 174, &sect; 3, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-564. Requirements for licensure - Issuance of temporary license.&nbsp;</span></p> <p><span class="cls0">A. An applicant for licensure as a genetic counselor shall:&nbsp;</span></p> <p><span class="cls0">1. Submit an application on forms provided by the State Department of Health;&nbsp;</span></p> <p><span class="cls0">2. Pay a fee, not to exceed Three Hundred Dollars ($300.00), as determined by the State Board of Health;&nbsp;</span></p> <p><span class="cls0">3. Provide satisfactory evidence of having earned:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p><span class="cls0">4. Meet the examination requirement for certification as:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a genetic counselor by the ABGC or the ABMG, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a medical geneticist by the ABMG.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 174, &sect; 4, eff. Nov. 1, 2006. Amended by Laws 2013, c. 229, &sect; 58, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-565. Requirements for temporary licensure - Term of license.&nbsp;</span></p> <p><span class="cls0">The requirements for temporary licensure shall provide that:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. A temporary license shall not be issued to an applicant who has failed the ABGC or ABMG certification examination more than once; and&nbsp;</span></p> <p><span class="cls0">5. A temporary license shall expire upon the earliest of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;issuance of full licensure,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;thirty (30) days after failing the certification examination, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the date printed on the temporary license.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 174, &sect; 5, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-566. Exceptions to licensure requirement.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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 &ldquo;genetic counselor&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&rsquo;s ABMG accreditation documents as a member of the training faculty; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 174, &sect; 6, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-567. Continuing education requirements.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Health, giving consideration to the recommendations of the Infant and Children's Health Advisory Council created in Section 44 of this act, shall establish continuing education requirements for genetic counselors as a condition of renewal or reinstatement of a license.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 174, &sect; 7, eff. Nov. 1, 2006. Amended by Laws 2013, c. 229, &sect; 59, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-568. Licensure, accreditation, certification not contingent upon acceptance of abortion as treatment option.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">F. This section shall not be severable from the Genetic Counseling Licensure Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 174, &sect; 8, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-569. Licensure requirements - Rules.&nbsp;</span></p> <p><span class="cls0">The State Board of Health shall promulgate rules, giving consideration to the recommendations of the Infant and Children's Health Advisory Council created in Section 44 of this act, establishing licensure requirements for genetic counselors. Such rules shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. Policy and budgetary matters related to licensure;&nbsp;</span></p> <p><span class="cls0">2. Applicant screening, licensing, renewal licensing, license reinstatement and relicensure;&nbsp;</span></p> <p><span class="cls0">3. Standards for supervision of students or persons training to become qualified to obtain a license in genetic counseling; &nbsp;</span></p> <p><span class="cls0">4. Requirements for maintaining and renewal of a license; and&nbsp;</span></p> <p><span class="cls0">5. Procedures for reviewing cases of individuals found to be in violation of the provisions of the Genetic Counseling Licensure Act, including disciplinary actions when necessary.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 174, &sect; 9, eff. Nov. 1, 2006. Amended by Laws 2013, c. 229, &sect; 60, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-570. Genetic Counseling Licensure Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the "Genetic Counseling Licensure Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies that may be directed thereto by the State Board of Health, and all other monies including gifts, grants and other funds that may be directed thereto. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Board for the purpose of licensure of genetic counselors and for other purposes specifically authorized by this act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">B. The fund shall be administered by the State Department of Health.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 174, &sect; 10, eff. Nov. 1, 2006. Amended by Laws 2012, c. 304, &sect; 482.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-604. Transfer of General Hospital to City of Clinton.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">Lots 13 to 24, inclusive, Block 2, Shoeboy Addition, City of Clinton, County of Custer, State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services is hereby authorized and directed to execute and deliver, on behalf of this state, instruments conveying title to said real and personal property to the City of Clinton, Oklahoma.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 16, &sect; 1, emerg. eff. March 16, 1973. Amended by Laws 1983, c. 304, &sect; 62, eff. July 1, 1983; Laws 2012, c. 304, &sect; 483. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-605. Unexpended appropriations - Continuance.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 16, &sect; 2, emerg. eff. March 16, 1973.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-606. Successor owners as eligible employers for participation in Public Employees Retirement System.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 16, &sect; 3, emerg. eff. March 16, 1973.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631701. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purposes of this article:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. "General medical surgical hospital" means a hospital maintained for the purpose of providing hospital care in a broad category of illness and injury;&nbsp;</span></p> <p><span class="cls0">3. "Specialized hospital" means a hospital maintained for the purpose of providing hospital care in a certain category, or categories, of illness and injury;&nbsp;</span></p> <p><span class="cls0">4. "Critical access hospital&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Emergency hospital&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 7, &sect; 701, operative July 1, 1963. Amended by Laws 1978, c. 207, &sect; 1, eff. Oct. 1, 1978; Laws 1991, c. 306, &sect; 7, emerg. eff. June 4, 1991; Laws 1995, c. 231, &sect; 5, eff. Nov. 1, 1995; Laws 1999, c. 93, &sect; 1, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-702. Licenses required - Practice of healing arts or medicine.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. Nothing in this article shall authorize any person to engage, in any manner, in the practice of the healing arts.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 7, &sect; 702, operative July 1, 1963. Amended by Laws 1996, c. 354, &sect; 49, eff. Nov. 1, 1996; Laws 1999, c. 93, &sect; 2, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-702a. Voluntary licensing of birthing centers - Standards for day treatment programs - Rules and regulations.&nbsp;</span></p> <p><span class="cls0">A. By January 1, 1992, the State Board of Health shall promulgate and adopt rules for the voluntary licensing of birthing centers.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Health shall promulgate rules establishing standards for day treatment programs other than those operated by community mental health centers.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 306, &sect; 8, emerg. eff. June 4, 1991. Amended by Laws 1995, c. 231, &sect; 6, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-702b. Repealed by Laws 2006, c. 315, &sect; 18, emerg. eff. June 9, 2006.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-702c. Enhanced reimbursement program for services provided to Medicare beneficiaries.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 317, &sect; 1, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-702d. Repealed by Laws 2006, c. 315, &sect; 19, emerg. eff. June 9, 2006.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-702e. Uncompensated Care Equalization Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund to be designated the &ldquo;Uncompensated Care Equalization Revolving Fund&rdquo;. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 431, &sect; 3, emerg. eff. June 4, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631703. Licenses Application Evidence of qualifications.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 7, &sect; 703. &nbsp;</span></p> <p><span class="cls0">&sect;631704. Licenses Fees Duration Posting.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. For the purpose of determining the fee, the total number of beds shall include cribs and bassinets.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. All licenses:&nbsp;</span></p> <p><span class="cls0">1. Shall be on a form prescribed by the State Commissioner of Health and shall not be transferable or assignable; &nbsp;</span></p> <p><span class="cls0">2. Shall be issued only for the premises named in the application; &nbsp;</span></p> <p><span class="cls0">3. Shall be posted in a conspicuous place on the licensed premises; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 7, &sect; 704, operative July 1, 1963. Amended by Laws 1978, c. 286, &sect; 1, eff. Jan. 1, 1979; Laws 1993, c. 269, &sect; 13, eff. Sept. 1, 1993; Laws 1999, c. 93, &sect; 3, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-705. Rules and standards - Inspection - Application of other laws - Community-based programs and services to be provided.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 7, &sect; 705, operative July 1, 1963. Amended by Laws 1989, c. 345, &sect; 1, eff. Oct. 1, 1989; Laws 1999, c. 93, &sect; 4, eff. Nov. 1, 1999; Laws 2009, c. 234, &sect; 151, emerg. eff. May 21, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631706. Licenses Issuance, suspension and revocation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner may suspend or revoke any such license on any of the following grounds:&nbsp;</span></p> <p><span class="cls0">1. Violation of any of the provisions of this article, or rules or standards promulgated pursuant thereto;&nbsp;</span></p> <p><span class="cls0">2. Permitting, aiding or abetting the commission of any illegal act in the licensed hospital or institution; or&nbsp;</span></p> <p><span class="cls0">3. Conduct or practices deemed by the Commissioner to be detrimental to the welfare of the patients of the hospital or institution.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 7, &sect; 706, operative July 1, 1963. Amended by Laws 1999, c. 93, &sect; 5, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-706.1. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-706.2. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-706.3. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-706.4. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-706.5. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-706.10. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Emergency Medical Services for Children Resource Center Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 194, &sect; 1, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-706.11. Recognition of Center as resource to state's emergency medical services system.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. As funds are available, the State Department of Health may contract with the Center for the implementation of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 194, &sect; 2, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-706.12. Purposes of Center.&nbsp;</span></p> <p><span class="cls0">The purposes of the Emergency Medical Services for Children Resource Center shall be to:&nbsp;</span></p> <p><span class="cls0">1. Maximize pediatric emergency care in Oklahoma through expert leadership, education, research and advocacy;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. Develop guidelines for equipment and its use for prehospital and hospital pediatric emergency care;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. Conduct public education concerning pediatric emergency medical services including, but not limited to, prevention and access to pediatric emergency services;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">9. Provide other services and activities deemed necessary to maximize pediatric emergency care in the State of Oklahoma; and&nbsp;</span></p> <p><span class="cls0">10. Solicit and accept funds from the federal government and other public and private sources.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 194, &sect; 3, eff. Nov. 1, 1995. Amended by Laws 2013, c. 229, &sect; 61, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631707. Rules and standards &ndash; Oklahoma Hospital Advisory.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Physical plant and facilities;&nbsp;</span></p> <p><span class="cls0">3. Fire protection and safety;&nbsp;</span></p> <p><span class="cls0">4. Food service;&nbsp;</span></p> <p><span class="cls0">5. Reports and records;&nbsp;</span></p> <p><span class="cls0">6. Staffing and personal service;&nbsp;</span></p> <p><span class="cls0">7. Surgical facilities and equipment;&nbsp;</span></p> <p><span class="cls0">8. Maternity facilities and equipment;&nbsp;</span></p> <p><span class="cls0">9. Control of communicable disease;&nbsp;</span></p> <p><span class="cls0">10. Sanitation;&nbsp;</span></p> <p><span class="cls0">11. Laboratory services;&nbsp;</span></p> <p><span class="cls0">12. Nursing facilities and equipment; and&nbsp;</span></p> <p><span class="cls0">13. Other items as may be deemed necessary to carry out the purposes of this article.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The Advisory Council shall have the duty and authority to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;review and approve in its advisory capacity rules and standards for hospital licensure,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;recommend and approve:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;quality indicators and data submission requirements for hospitals, to include:&nbsp;</span></p> <p class="cls8"><span class="cls0">(a)&nbsp;&nbsp;Agency for Healthcare Research and Quality (AHRQ) Patient Safety Indicators Available as part of the standard inpatient discharge data set, and&nbsp;</span></p> <p class="cls8"><span class="cls0">(b)&nbsp;&nbsp;for acute care intensive care unit patients, ventilator-associated pneumonia and device-related blood stream infections, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;the indicators and data to be used by the Department to monitor compliance with licensure requirements, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;to publish an annual report of hospital performance to include the facility specific quality indicators required by this section.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;two members shall be hospital administrators of licensed hospitals,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;two members shall be licensed physicians or practitioners who have current privileges to provide services in hospitals,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;two members shall be hospital employees, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;three members shall be citizens representing the public who:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;are not hospital employees,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;do not hold hospital staff appointments, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;are not members of hospital governing boards.&nbsp;</span></p> <p class="cls2"><span class="cls0">2.&nbsp;&nbsp;a.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Members of the Advisory Council may be removed by the Commissioner for cause.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 325, art. 7, &sect; 707, operative July 1, 1963. Amended by Laws 1968, c. 86, &sect; 1, emerg. eff. April 1, 1968; Laws 1999, c. 93, &sect; 6, eff. Nov. 1, 1999; Laws 1999, c. 213, &sect; 2, eff. July 1, 1999; Laws 2006, c. 315, &sect; 16, emerg. eff. June 9, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631707a. Staff privileges Applications - Psychologists.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Medicine by the State Board of Medical Licensure and Supervision;&nbsp;</span></p> <p><span class="cls0">2. Osteopathy by the State Board of Osteopathy;&nbsp;</span></p> <p><span class="cls0">3. Podiatry by the State Board of Podiatry; or&nbsp;</span></p> <p><span class="cls0">4. As a health service psychologist by the Oklahoma State Board of Examiners of Psychologists.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1977, c. 180, &sect; 1. Amended by Laws 1979, c. 142, &sect; 1; Laws 1987, c. 118, &sect; 53, operative July 1, 1987; Laws 1995, c. 134, &sect; 1, eff. Nov. 1, 1995; Laws 1999, c. 93, &sect; 7, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-707b. Granting of staff privileges - Criteria.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Medicine by the State Board of Medical Licensure and Supervision;&nbsp;</span></p> <p><span class="cls0">2. Osteopathy by the State Board of Osteopathy;&nbsp;</span></p> <p><span class="cls0">3. Podiatry by the State Board of Podiatry; or&nbsp;</span></p> <p><span class="cls0">4. As a health service psychologist by the Oklahoma State Board of Examiners of Psychologists.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Graduated from medical schools and postdoctoral programs approved by either the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1977, c. 180, &sect; 2. Amended by Laws 1979, c. 142, &sect; 2; Laws 1995, c. 134, &sect; 2, eff. Nov. 1, 1995; Laws 1995, c. 358, &sect; 6, eff. Nov. 1, 1995; Laws 1999, c. 93, &sect; 8, eff. Nov. 1, 1999; Laws 2002, c. 156, &sect; 2, eff. Nov. 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1995, c. 107, &sect; 1 repealed by Laws 1995, c. 358, &sect; 13, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631709. Information confidential.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 7, &sect; 709. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-710. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-711. Survey and inventory of hospitals and health centers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 7, &sect; 711, operative July 1, 1963; Laws 1965, c. 36, &sect; 2, emerg. eff. March 8, 1965.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-712. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;631713. Standards of United States Surgeon General to be followed Reports.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1963, c. 325, art. 7, &sect; 713; Laws 1965, c. 36, &sect; 4, emerg. eff. March 8, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;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.&nbsp;</span></p> <p><span class="cls0">A. The Legislature finds that:&nbsp;</span></p> <p><span class="cls0">1. As providers of health care to medically underserved populations, Federally Qualified Health Centers are extremely beneficial to the citizens of Oklahoma;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">4. In addition to federal grant monies, Federally Qualified Health Centers in Oklahoma receive additional monies through the appropriation of state funds.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 41, &sect; 1, emerg. eff. April 12, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-714. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-715. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-716. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-717. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-718. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-719. Bonds of counties, cities and towns.&nbsp;</span></p> <p><span class="cls0">Any county, city, or town is hereby authorized to issue bonds for constructing and equipping a hospital, community mental health facility, public health center, or related health facility, to be owned and operated by such county, city, or town in accordance with standards approved by the State Commissioner of Health; provided, that such bonds may be issued to construct a jointly owned and operated hospital, community mental health facility, public health center, or related health facility, by two or more counties, or by one or more counties and a city or cities, or by two or more cities. Such bonds shall be issued upon the assent thereto of three-fifths (3/5) of the voters of the subdivision issuing the bonds, voting at an election held for that purpose. The proposition voted on shall state specifically the type of hospital facility to be constructed. Such election shall be called by the governing board or managing body of such subdivision. Notice of the election shall be published for two (2) successive weeks in a weekly or daily newspaper, having a general circulation in the subdivision. The bonds shall be made to mature serially as now provided by law, and shall be sold at an advertised sale under existing laws. The rate of interest shall not exceed eight percent (8%) per annum. The bonds shall be submitted to the Attorney General for his approval as ex officio Bond Commissioner of the state.&nbsp;</span></p> <p><span class="cls0">Laws 1963, c. 325, art. 7, &sect; 719; Laws 1965, c. 36, &sect; 9; Laws 1970, c. 286, &sect; 10, emerg. eff. April 27, 1970.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-720. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-721. Repealed by Laws 1999, c. 93, &sect; 10, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-722. Electronic- or computer-generated signatures of physician.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The physician signs and then files a statement in the hospital administrator's office which states that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the physician will use an electronic- or computer-generated signature to authenticate his entries in the medical record,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the signature will be generated by a confidential code which only the physician possesses, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;no person other than the physician will be permitted to use the signature;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. The electronic- or computer-generated signature is the full, legal name of the physician and includes the physician's professional title; and&nbsp;</span></p> <p><span class="cls0">4. Rules and regulations pertaining to electronic-generated signatures as provided in this act shall be promulgated by the State Board of Health.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 124, &sect; 1, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-723. Primary Health Care Development Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">C. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 253, &sect; 1, eff. July 1, 2005. Amended by Laws 2012, c. 304, &sect; 484.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-723.2. Discount program for qualified self-pay patients - Defense in collection action.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s whole cost-to-charge ratio by the billed charges.&nbsp;</span></p> <p><span class="cls0">C. It shall be the responsibility of the patient to establish their eligibility for the discount.&nbsp;</span></p> <p><span class="cls0">D. The provisions of this section do not apply to procedures that are not medically necessary as determined by the treating physician.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The household income of the patient is below three hundred percent (300%) of the federal poverty guidelines; and&nbsp;</span></p> <p><span class="cls0">2. The patient is not eligible or enrolled in private or public insurance plans providing hospital coverage. &nbsp;</span></p> <p><span class="cls0">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&rsquo;s whole cost-to-charge ratio by the billed charges.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 315, &sect; 11, eff. July 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-724. Health centers &ndash; Contracts, donations, and grants.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Contracts to provide for community planning and development;&nbsp;</span></p> <p><span class="cls0">2. Contracts to provide for grants or grant writing to apply for federal 330 FQHC funding; and&nbsp;</span></p> <p><span class="cls0">3. Contracts for transitional operating support.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 253, &sect; 3, eff. July 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-727. Human cloning.&nbsp;</span></p> <p><span class="cls0">A. As used in this section, the term:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Human cloning&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Somatic cell&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Nucleus&rdquo; means the cell structure that houses the chromosomes, and thus the genes; and&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Oocyte&rdquo; means the female germ cell, the egg.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful for any person or entity, public or private, to:&nbsp;</span></p> <p><span class="cls0">1. Perform or attempt to perform human cloning;&nbsp;</span></p> <p><span class="cls0">2. Participate in an attempt to perform human cloning;&nbsp;</span></p> <p><span class="cls0">3. Ship, transfer, or receive the product of human cloning for any purpose; or&nbsp;</span></p> <p><span class="cls0">4. Import the product of human cloning for any purpose.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. Any person or entity that is convicted of violating any provision of this section shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 223, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-728. Repealed by Laws 2010, c. 47, &sect; 7, emerg. eff. April 2, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-728.1. Repealed by Laws 2010, c. 47, &sect; 7, emerg. eff. April 2, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-728.2. Repealed by Laws 2010, c. 47, &sect; 7, emerg. eff. April 2, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-728.3. Repealed by Laws 2010, c. 47, &sect; 7, emerg. eff. April 2, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-728.4. Repealed by Laws 2010, c. 47, &sect; 7, emerg. eff. April 2, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-728.5. Repealed by Laws 2010, c. 47, &sect; 7, emerg. eff. April 2, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-728a. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Freedom of Conscience Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 47, &sect; 1, emerg. eff. April 2, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-728b. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Freedom of Conscience Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Health care facility&rdquo; 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&rsquo;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;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Human embryo&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;In vitro human embryo&rdquo; means a human embryo, whether cryopreserved or not, living outside of a woman&rsquo;s body;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Participate in&rdquo; 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&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Person&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 47, &sect; 2, emerg. eff. April 2, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-728c. Prohibits employer discrimination - Applicable circumstances.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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 &ldquo;abortion&rdquo; shall not include the prescription of contraceptives;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">6. An act that intentionally causes or assists in causing the death of an individual by assisted suicide, euthanasia, or mercy killing.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 47, &sect; 3, emerg. eff. April 2, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-728d. No requirement to admit patients - Employee refusal to participate and immunity.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. A physician, physician&rsquo;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.&nbsp;</span></p> <p><span class="cls0">C. A physician, physician&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 47, &sect; 4, emerg. eff. April 2, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-728e. Discrimination - Circumstances - Prohibitions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. No person shall be required to:&nbsp;</span></p> <p><span class="cls0">1. Participate in an activity specified in Section 3 of this act if the individual&rsquo;s participation in the activity is contrary to the person&rsquo;s religious beliefs or moral convictions;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 47, &sect; 5, emerg. eff. April 2, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-728f. Ability to sue - Damages.&nbsp;</span></p> <p><span class="cls0">A. For the purposes of this section, &ldquo;damages&rdquo; do not include noneconomic damages, as defined in Section 1-1708.1C of Title 63 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 47, &sect; 6, emerg. eff. April 2, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-729. Repealed by Laws 2010, c. 48, &sect; 2, emerg. eff. April 2, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-729.1. Physician presence for abortion-inducing drugs.&nbsp;</span></p> <p><span class="cls0">When RU-486 (mifepristone) or any other drug or chemical is used for the purpose of performing or inducing an abortion, the physician who is prescribing, dispensing, or otherwise providing the drug or chemical shall be physically present, in person, in the same room as the patient when the drug or chemical is first provided to the patient.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 170, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-729.2. Violation of act - Penalties.&nbsp;</span></p> <p><span class="cls0">Any person who knowingly or recklessly violates this act shall be guilty of a felony. No penalty may be assessed against the female upon whom the abortion is performed or induced or attempted to be performed or induced.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 170, &sect; 2, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-729.3. Civil actions - Damages and injunctive relief - Civil contempt.&nbsp;</span></p> <p><span class="cls0">A. Any person who knowingly or recklessly violates a provision of this act shall be liable for damages as provided in this section and may be enjoined from such acts in accordance with this section in an appropriate court.&nbsp;</span></p> <p><span class="cls0">B. Any female upon whom an abortion has been performed or induced, the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was performed or induced, or a maternal grandparent of the unborn child may maintain an action against the person who performed or induced the abortion in knowing or reckless violation of this act for actual and punitive damages. Any female upon whom an abortion has been attempted to be performed or induced in knowing or reckless violation of this act may maintain an action against the person who attempted to perform or induce the abortion for actual and punitive damages.&nbsp;</span></p> <p><span class="cls0">C. If a judgment is rendered in favor of the plaintiff in any action described in this section, the court shall also render judgment for a reasonable attorney fee in favor of the plaintiff against the defendant. If a judgment is rendered in favor of the defendant and the court finds that the plaintiff&rsquo;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.&nbsp;</span></p> <p><span class="cls0">D. A cause of action for injunctive relief against any person who has knowingly or recklessly violated this act may be maintained by: &nbsp;</span></p> <p><span class="cls0">1. The female upon whom an abortion was performed or induced or attempted to be performed or induced in violation of this act;&nbsp;</span></p> <p><span class="cls0">2. Any person who is the spouse, parent, sibling or guardian of, or a current or former licensed health care provider of, the female upon whom an abortion has been performed or induced or attempted to be performed or induced in violation of this act;&nbsp;</span></p> <p><span class="cls0">3. A district attorney with appropriate jurisdiction; or&nbsp;</span></p> <p><span class="cls0">4. The Attorney General.&nbsp;</span></p> <p><span class="cls0">The injunction shall prevent the abortion provider from performing or inducing further abortions in violation of this act in the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">E. Any person who knowingly or recklessly violates the terms of an injunction issued in accordance with this act shall be subject to civil contempt, and shall be fined Ten Thousand Dollars ($10,000.00) for the first violation, Fifty Thousand Dollars ($50,000.00) for the second violation, One Hundred Thousand Dollars ($100,000.00) for the third violation and for each succeeding violation an amount in excess of One Hundred Thousand Dollars ($100,000.00) sufficient to deter future violations. The fines shall be the exclusive penalties for such contempt. Each performance or induction or attempted performance or induction of an abortion in violation of the terms of an injunction is a separate violation. These fines shall be cumulative. However, no fine may be assessed against the woman on whom an abortion was performed or induced or was attempted to be performed or induced.&nbsp;</span></p> <p><span class="cls0">F. A physician who performed or induced an abortion or attempted to perform or induce an abortion in violation of this act shall be considered to have engaged in unprofessional conduct for which his or her license to practice medicine in the State of Oklahoma may be suspended or revoked by the State Medical Board of Licensure and Supervision or the State Board of Osteophathic Examiners. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 170, &sect; 3, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-729.4. Anonymity of woman upon whom abortion is performed.&nbsp;</span></p> <p><span class="cls0">In every proceeding or action brought under this act, the anonymity of any woman upon whom an abortion is performed or induced or attempted to be performed or induced shall be preserved from public disclosure unless she gives her consent to such disclosure. The court, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. In the absence of written consent of the woman upon whom an abortion has been performed or induced or has been attempted to be performed or induced, anyone who brings an action under Section 3 of this act shall do so under a pseudonym.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 170, &sect; 4, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-729.5. Immunity from civil action.&nbsp;</span></p> <p><span class="cls0">No pregnant female who obtains or possesses RU-486 (mifepristone) or any other drug or chemical for the purpose of performing or inducing an abortion to terminate her own pregnancy shall be subject to any action brought under Section 3 of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 170, &sect; 5, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-729.6. Interpretation of act.&nbsp;</span></p> <p><span class="cls0">Nothing in this act shall be construed as creating or recognizing a right to abortion.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 170, &sect; 6, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-729.7. Severability of act.&nbsp;</span></p> <p><span class="cls0">If any one or more provision, section, subsection, sentence, clause, phrase or word of this act or the application hereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 170, &sect; 7, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-729a. Sale or distribution of RU-486.&nbsp;</span></p> <p><span class="cls0">A. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Abortion-inducing drug&rdquo; means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination shall with reasonable likelihood cause the death of the unborn child. This includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol (Cytotec), and methotrexate. This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications, such as chemotherapeutic agents or diagnostic drugs;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Drug label&rdquo; or &ldquo;drug&rsquo;s label&rdquo; means the pamphlet accompanying an abortion-inducing drug which outlines the protocol tested and authorized by the U.S. Food and Drug Administration (FDA) and agreed upon by the drug company applying for FDA authorization of that drug. Also known as &ldquo;final printing labeling instructions&rdquo;, it is the FDA document which delineates how a drug is to be used according to the FDA approval;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Federal law&rdquo; means any law, rule, or regulation of the United States or any drug approval letter of the U.S. Food and Drug Administration that governs or regulates the use of RU-486 (mifepristone) or any abortion-inducing drug for the purpose of inducing abortions;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Personal identifying information&rdquo; means any information designed to identify a person and any information commonly used or capable of being used alone or in conjunction with any other information to identify a person; and&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Physician&rdquo; means a doctor of medicine or osteopathy legally authorized to practice medicine in the state.&nbsp;</span></p> <p><span class="cls0">B. No person shall knowingly or recklessly give, sell, dispense, administer, prescribe, or otherwise provide RU-486, also known as mifepristone, or any abortion-inducing drug 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) or any abortion-inducing drug is a physician who:&nbsp;</span></p> <p><span class="cls0">1. Has the ability to assess the duration of the pregnancy accurately;&nbsp;</span></p> <p><span class="cls0">2. Has the ability to diagnose ectopic pregnancies;&nbsp;</span></p> <p><span class="cls0">3. Has the ability to provide surgical intervention in cases of incomplete abortion or severe bleeding, or has made and documented in the patient&rsquo;s medical record plans to provide such care through other qualified physicians;&nbsp;</span></p> <p><span class="cls0">4. Is able to assure patient access to medical facilities equipped to provide blood transfusions and resuscitation, if necessary; and&nbsp;</span></p> <p><span class="cls0">5. Has read and understood the prescribing information for the use of RU-486 (mifepristone) or any abortion-inducing drug as provided by the drug manufacturer in accordance with the requirements of the U.S. Food and Drug Administration.&nbsp;</span></p> <p><span class="cls0">C. No physician who provides RU-486 (mifepristone) or any abortion-inducing drug shall knowingly or recklessly fail to provide or prescribe the RU-486 (mifepristone) or any abortion-inducing drug according to the protocol tested and authorized by the U.S. Food and Drug Administration and as authorized in the drug label for the RU-486 (mifepristone) or any abortion-inducing drug.&nbsp;</span></p> <p><span class="cls0">D. No physician who provides RU-486 (mifepristone) or any abortion-inducing drug for the purpose of inducing an abortion shall knowingly or recklessly fail to:&nbsp;</span></p> <p><span class="cls0">1. Provide each patient with a copy of the drug manufacturer&rsquo;s medication guide and drug label for RU-486 (mifepristone) or any abortion-inducing drug being used;&nbsp;</span></p> <p><span class="cls0">2. Fully explain the procedure to the patient, including, but not limited to, explaining that the drug is being used in accordance with the protocol tested and authorized by the U.S. Food and Drug Administration and as outlined in the drug label for RU-486 (mifepristone) or any abortion-inducing drug;&nbsp;</span></p> <p><span class="cls0">3. Provide the female with a copy of the drug manufacturer&rsquo;s patient agreement and obtain the patient&rsquo;s signature on the patient agreement;&nbsp;</span></p> <p><span class="cls0">4. Sign the patient agreement; and&nbsp;</span></p> <p><span class="cls0">5. Record the drug manufacturer&rsquo;s package serial number in the patient&rsquo;s medical record.&nbsp;</span></p> <p><span class="cls0">E. Because the failure and complications from medical abortion increase with increasing gestational age, because the physical symptoms of medical abortion can be identical to the symptoms of ectopic pregnancy, and because RU-486 (mifepristone) or any abortion-inducing drug does not treat ectopic pregnancies but rather is contraindicated in ectopic pregnancies, the physician giving, selling, dispensing, administering, or otherwise providing or prescribing RU-486 (mifepristone) or any abortion-inducing drug shall first examine the woman and document, in the woman&rsquo;s medical chart, gestational age and intrauterine location of the pregnancy prior to giving, selling, dispensing, administering, or otherwise providing or prescribing RU-486 (mifepristone) or any abortion-inducing drug.&nbsp;</span></p> <p><span class="cls0">F. When RU-486 (mifepristone) or any abortion-inducing drug is used for the purpose of inducing an abortion, the drug must be administered in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug to the patient. The physician inducing the abortion, or a person acting on behalf of the physician inducing the abortion, shall schedule the patient for a follow-up appointment and make all reasonable efforts to ensure that the patient returns twelve (12) to eighteen (18) days after the administration or use of RU-486 (mifepristone) or any abortion-inducing drug for a follow-up visit so that the physician can confirm that the pregnancy has been terminated and assess the patient&rsquo;s medical condition. A brief description of the efforts made to comply with this subsection, including the date, time, and identification by name of the person making such efforts, shall be included in the patient&rsquo;s medical record.&nbsp;</span></p> <p><span class="cls0">G. 1. If a physician provides RU-486 (mifepristone) or any abortion-inducing drug for the purpose of inducing an abortion and if the physician knows that the female who uses the RU-486 (mifepristone) or any abortion-inducing drug for the purpose of inducing an abortion experiences within one (1) year after the use of RU-486 (mifepristone) or any abortion-inducing drug an incomplete abortion, severe bleeding, or an adverse reaction to the RU-486 (mifepristone) or any abortion-inducing drug or is hospitalized, receives a transfusion, or experiences any other serious event, the physician shall, as soon as is practicable, but in no case more than sixty (60) days after the physician learns of the adverse reaction or serious event, provide a written report of the incomplete abortion, severe bleeding, adverse reaction, hospitalization, transfusion, or serious event to the drug manufacturer. If the physician is a doctor of medicine, the physician shall simultaneously provide a copy of the report to the State Board of Medical Licensure and Supervision. If the physician is a doctor of osteopathy, the physician shall simultaneously provide a copy of the report to the State Board of Osteopathic Examiners. The relevant Board shall compile and retain all reports it receives pursuant to this subsection. All reports the relevant Board receives under this subsection are public records open to inspection pursuant to the Oklahoma Open Records Act; however, absent an order by a court of competent jurisdiction, neither the drug manufacturer nor the relevant Board shall release the name or any other personal identifying information regarding a person who uses or provides RU-486 (mifepristone) or any abortion-inducing drug for the purpose of inducing an abortion and who is the subject of a report the drug manufacturer or the relevant Board receives under this subsection.&nbsp;</span></p> <p><span class="cls0">2. No physician who provides RU-486 (mifepristone) or any abortion-inducing drug to a pregnant female for the purpose of inducing an abortion shall knowingly or recklessly fail to file a report required under paragraph 1 of this subsection. Knowing or reckless failure to comply with this subsection shall subject the physician to sanctioning by the licensing board having administrative authority over such physician.&nbsp;</span></p> <p><span class="cls0">H. Any female upon whom an abortion has been performed, the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was performed, or a maternal grandparent of the unborn child may maintain an action against the person who performed the abortion in knowing or reckless violation of this section for actual and punitive damages. Any female upon whom an abortion has been attempted in knowing or reckless violation of this section may maintain an action against the person who attempted to perform the abortion for actual and punitive damages.&nbsp;</span></p> <p><span class="cls0">I. If a judgment is rendered in favor of the plaintiff in any action described in this section, the court shall also render judgment for a reasonable attorney fee in favor of the plaintiff against the defendant. If a judgment is rendered in favor of the defendant and the court finds that the plaintiff&rsquo;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.&nbsp;</span></p> <p><span class="cls0">J. No pregnant female who obtains or possesses RU-486 (mifepristone) or any abortion-inducing drug for the purpose of inducing an abortion to terminate her own pregnancy shall be subject to any action brought under subsection H of this section.&nbsp;</span></p> <p><span class="cls0">K. If some or all of the language in this section is ever temporarily or permanently restrained or enjoined by judicial order, then this section shall be enforced as though such restrained or enjoined provisions had not been adopted; provided, however, that whenever such temporary or permanent restraining order or injunction is stayed or dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 48, &sect; 1, emerg. eff. April 2, 2010. Amended by Laws 2011, c. 216, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-730. Definitions.&nbsp;</span></p> <p><span class="cls0">A. As used in this article:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Attempt to perform an abortion&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Certified technician&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&rsquo;s parent or parents, guardian, or juvenile court of competent jurisdiction;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">7. "Conception" means the fertilization of the ovum of a female individual by the sperm of a male individual;&nbsp;</span></p> <p><span class="cls0">8. "Health" means physical or mental health;&nbsp;</span></p> <p><span class="cls0">9. "Department" means the State Department of Health; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Nothing contained herein shall be construed in any manner to include any birth control device or medication or sterilization procedure.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 207, &sect; 2, eff. Oct. 1, 1978. Amended by Laws 2007, c. 161, &sect; 1, eff. Nov. 1, 2007; Laws 2009, c. 227, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-731. Persons who may perform abortions - Violations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 207, &sect; 3, eff. Oct. 1, 1978. Amended by Laws 1997, c. 133, &sect; 523, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 379, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 523 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-731.1. Repealed by Laws 2010, c. 46, &sect; 2, emerg. eff. April 2, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-731.2. Prohibiting certain abortions - Penalties.&nbsp;</span></p> <p><span class="cls0">A. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Attempt to perform an abortion&rdquo; means an act, or an omission of a statutorily required act, that under the circumstances as the actor believes them to be constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion; and&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Unemancipated minor&rdquo; 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&rsquo;s parent or parents, guardian, or juvenile court of competent jurisdiction.&nbsp;</span></p> <p><span class="cls0">B. No person shall knowingly or recklessly perform or attempt to perform an abortion with knowledge that the pregnant female is seeking the abortion solely on account of the sex of the unborn child. Nothing in this section shall be construed to proscribe the performance of an abortion because the unborn child has a genetic disorder that is sex-linked.&nbsp;</span></p> <p><span class="cls0">C. Any person who knowingly or recklessly violates a provision of this section shall be liable for damages as provided in this subsection and may be enjoined from such acts in accordance with this section in an appropriate court.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the female upon whom an abortion was performed or attempted to be performed in violation of this section,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any person who is the spouse, parent, sibling, or guardian of, or current or former licensed health care provider of, the female upon whom an abortion has been performed in violation of this section,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a district attorney with appropriate jurisdiction, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the Attorney General.&nbsp;</span></p> <p><span class="cls0">2. The injunction shall prevent the abortion provider from performing further abortions in violation of this section in this state.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. An abortion provider who knowingly or recklessly performed an abortion in violation of this section shall be considered to have engaged in unprofessional conduct for which the certificate or license of the provider to provide health care services in this state shall be suspended or revoked by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners.&nbsp;</span></p> <p><span class="cls0">E. In every proceeding or action brought under this section, the anonymity of any female upon whom an abortion is performed or attempted shall be preserved unless she gives her consent to such disclosure. The court, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the female&rsquo;s identity from public disclosure. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone who brings an action under subsection B of this section shall do so under a pseudonym.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 46, &sect; 1, emerg. eff. April 2, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-732. Viable fetus - Grounds to abort - Procedure.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">F. Any person violating subsection A of this section shall be guilty of homicide.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 207, &sect; 4, eff. Oct. 1, 1978. Amended by Laws 1997, c. 133, &sect; 524, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 524 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-733. Self-induced abortions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 207, &sect; 5, eff. Oct. 1, 1978. Amended by Laws 1997, c. 133, &sect; 525, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 525 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-734. Live-born fetus - Care and treatment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. Any person violating this section shall be guilty of homicide.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 207, &sect; 6, eff. Oct. 1, 1978. Amended by Laws 1997, c. 133, &sect; 526, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 526 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631735. Sale of child, unborn child or remains of child Experiments.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1978, c. 207, &sect; 7, eff. Oct. 1, 1978. &nbsp;</span></p> <p><span class="cls0">&sect;631736. Hospitals Advertising of counseling to pregnant women.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. The counseling includes factual information, including explicit discussion of the development of the unborn child; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1978, c. 207, &sect; 8, eff. Oct. 1, 1978. &nbsp;</span></p> <p><span class="cls0">&sect;631737. Hospitals which may perform abortions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1978, c. 207, &sect; 9, eff. Oct. 1, 1978. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-737.1. Repealed by Laws 2010, c. 163, &sect; 4, emerg. eff. April 22, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-737.2. Repealed by Laws 2010, c. 163, &sect; 4, emerg. eff. April 22, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-737.3. Repealed by Laws 2010, c. 163, &sect; 4, emerg. eff. April 22, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-737.4. Required signage in abortion facilities.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls6"><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 163, &sect; 1, emerg. eff. April 22, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-737.5. Failure to post signage in abortion facilities &ndash; Fine &ndash; Cause of action.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The sanctions and actions provided in this section shall not displace any sanction applicable under other law.&nbsp;</span></p> <p><span class="cls0"> Added by Laws 2010, c. 163, &sect; 2, emerg. eff. April 22, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-737.6. Orally inform minors in abortion facilities &ndash; Minor certification.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0"> Added by Laws 2010, c. 163, &sect; 3, emerg. eff. April 22, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738. Repealed by Laws 2009, c. 227, &sect; 12, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738.1. Repealed by Laws 2010, c. 173, &sect; 4, emerg. eff. April 27, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738.1A. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this section and Sections 1-738.2 through 1-738.5 of Title 63 of the Oklahoma Statutes:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Abortion&rdquo; means the term as defined in Section 1-730 of Title 63 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Attempt to perform an abortion&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Board&rdquo; means the State Board of Medical Licensure and Supervision;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Certified technician&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Medical emergency&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Physician&rdquo; means a person licensed to practice medicine in this state pursuant to Sections 495 and 633 of Title 59 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Probable gestational age of the unborn child&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Stable Internet website&rdquo; means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the State Board of Medical Licensure and Supervision;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Unborn child&rdquo; means the term as is defined in Section 1-730 of Title 63 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Woman&rdquo; means a female human being whether or not she has reached the age of majority.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 173, &sect; 1, emerg. eff. April 27, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.2. Voluntary and informed consent - Compliance by physicians - Confirmation of receipt of medical risk information.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:&nbsp;</span></p> <p class="cls2"><span class="cls0">1.&nbsp;&nbsp;a.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;the name of the physician who will perform the abortion,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;the medical risks associated with the particular abortion procedure to be employed,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;the probable gestational age of the unborn child at the time the abortion is to be performed,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;the medical risks associated with carrying her child to term, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;that:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;she has the option to review the printed materials described in Section 1-738.3 of this title,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;those materials have been provided by the State Board of Medical Licensure and Supervision, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;they describe the unborn child and list agencies that offer alternatives to abortion, and&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;(1)&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. Before the abortion procedure is performed, the physician shall confirm with the patient that she has received information regarding:&nbsp;</span></p> <p><span class="cls0">1. The medical risks associated with the particular abortion procedure to be employed;&nbsp;</span></p> <p><span class="cls0">2. The probable gestational age of the unborn child at the time the abortion is to be performed; and&nbsp;</span></p> <p><span class="cls0">3. The medical risks associated with carrying the unborn child to term.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 200, &sect; 7, emerg. eff. May 20, 2005. Amended by Laws 2006, c. 185, &sect; 3, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.3. Print and online information - Requirements.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">1.&nbsp;&nbsp;a.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;a comprehensive list of the agencies available,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;a description of the manner, including telephone numbers, in which they might be contacted, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">2.&nbsp;&nbsp;a.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;any relevant information on the possibility of the survival of the unborn child, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the material shall also contain objective information describing:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;the methods of abortion procedures commonly employed,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;the medical risks commonly associated with each of those procedures,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;the possible detrimental psychological effects of abortion and of carrying a child to term, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;the medical risks commonly associated with carrying a child to term.&nbsp;</span></p> <p><span class="cls0">B. 1. The materials referred to in subsection A of this section shall be printed in a typeface large enough to be clearly legible.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. 1. The Board shall provide on its stable Internet web site the information described under subsection A of this section.&nbsp;</span></p> <p><span class="cls0">2. The web site provided for in this subsection shall be maintained at a minimum resolution of 72 PPI.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 200, &sect; 8, emerg. eff. May 20, 2005. Amended by Laws 2006, c. 185, &sect; 4, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.3a. Form tracking voluntary and informed consent - Contents of form - Submission - Late fee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The form for physicians shall contain a listing for the following information:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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 &nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. By March 1, 2008, all physicians licensed to practice in this state;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 161, &sect; 3, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.3b. Repealed by Laws 2010, c. 173, &sect; 4, emerg. eff. April 27, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738.3c. Repealed by Laws 2010, c. 173, &sect; 4, emerg. eff. April 27, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738.3d. Ultrasound required prior to procedure - Written certification - Medical emergency exception.&nbsp;</span></p> <p><span class="cls0">A. Any abortion provider who knowingly performs any abortion shall comply with the requirements of this section.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Provide a simultaneous explanation of what the ultrasound is depicting;&nbsp;</span></p> <p><span class="cls0">3. Display the ultrasound images so that the pregnant woman may view them;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">5. Obtain a written certification from the woman, prior to the abortion, that the requirements of this subsection have been complied with; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. Upon a determination by an abortion provider that a medical emergency, as defined in Section 1 of this act, 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.&nbsp;</span></p> <p><span class="cls0">E. An abortion provider who willfully falsifies a certification under subsection D of this section shall be subject to all penalties provided for under Section 3 of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 173, &sect; 2, emerg. eff. April 27, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.3e. Violation of ultrasound requirement - Injunctive relief - Action for damages - License suspension.&nbsp;</span></p> <p><span class="cls0">A. An abortion provider who knowingly violates a provision of Section 2 of this act shall be liable for damages as provided in this section and may be enjoined from such acts in accordance with this section in an appropriate court.&nbsp;</span></p> <p><span class="cls0">B. A cause of action for injunctive relief against any person who has knowingly violated a provision of Section 2 of this act may be maintained by the woman upon whom an abortion was performed or attempted to be performed in violation of this act; any person who is the spouse, parent, sibling or guardian of, or a current or former licensed health care provider of, the female upon whom an abortion has been performed or attempted to be performed in violation of this act; by a district attorney with appropriate jurisdiction; or by the Attorney General. The injunction shall prevent the abortion provider from performing further abortions in violation of this act in the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. A pregnant woman upon whom an abortion has been performed in violation of Section 2 of this act, or the parent or legal guardian of the woman if she is an unemancipated minor, as defined in Section 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.&nbsp;</span></p> <p><span class="cls0">E. An abortion provider who performed an abortion in violation of Section 2 of this act shall be considered to have engaged in unprofessional conduct for which the provider&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 173, &sect; 3, emerg. eff. April 27, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.3f. Civil actions - Damages.&nbsp;</span></p> <p><span class="cls0">A woman upon whom an abortion has been performed in negligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b of Title 63 of the Oklahoma Statutes, or the parent or legal guardian of the woman if she is an unemancipated minor, as defined in Section 1-740.1 of Title 63 of the Oklahoma Statutes, may commence a civil action against the abortion provider, against the prescriber of any drug or chemical intended to induce abortion, and against any person or entity which referred the woman to the abortion provider or prescriber and which knew or reasonably should have known that the abortion provider or prescriber had acted in violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b of Title 63 of the Oklahoma Statutes for actual damages and, in cases of gross negligence, for punitive damages. The measure of damages shall include damages for the mental anguish and emotional distress of the plaintiff, in addition to all damages available for the wrongful death of the child whose life was aborted in negligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b of Title 63 of the Oklahoma Statutes, notwithstanding any exception for abortion provided in Section 1053 of Title 12 of the Oklahoma Statutes. Whether the individual or entity committed an abortion in negligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b of Title 63 of the Oklahoma Statutes shall be determined by the trier of fact in the civil action by the greater weight of the evidence. Unless the defendant can prove to the trier of fact by the greater weight of the evidence that the abortion was performed on a child who was already dead from natural causes before the abortion, and that the defendant informed the plaintiff that the child was already dead at the time of the abortion, it shall be a rebuttable presumption that if an abortion was performed, that the child whose life was aborted was alive until the abortion was performed, and was capable eventually of living a normal human lifespan had the abortion not occurred.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 198, &sect; 1, eff. Sept. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.3g. Reasonable costs and attorney fees.&nbsp;</span></p> <p><span class="cls0">If judgment is rendered in favor of the plaintiff in any action pursuant to Section 1 of this act, the court shall also render judgment for costs including reasonable expert witness fees and for a reasonable attorney fee in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous, unreasonable or without foundation, the court shall also render judgment for costs including reasonable expert witness fees and for a reasonable attorney fee in favor of the defendant against the plaintiff.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 198, &sect; 2, eff. Sept. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.3h. Identity of woman upon whom abortion performed - Disclosure.&nbsp;</span></p> <p><span class="cls0">In every action brought under this act, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under this act shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 198, &sect; 3, eff. Sept. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.3i. Statute of limitations.&nbsp;</span></p> <p><span class="cls0">An action pursuant to this act shall be brought within two (2) years of the date the woman upon whom an abortion has been performed in negligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b of Title 63 of the Oklahoma Statutes, or the parent or legal guardian of the woman if she is an unemancipated minor, as defined in Section 1-740.1 of Title 63 of the Oklahoma Statutes, knew or reasonably should have known of any information not provided by the defendant in negligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b of Title 63 of the Oklahoma Statutes. If any defendant disputes whether the action was brought within the time specified in this section, the question of whether the action was brought within the time specified in this section shall be determined by the trier of fact by the greater weight of the evidence.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 198, &sect; 4, eff. Sept. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.3j. Interpretation of act.&nbsp;</span></p> <p><span class="cls0">A. Nothing in this act shall be construed as creating or recognizing a right to abortion.&nbsp;</span></p> <p><span class="cls0">B. Nothing in this act shall apply to a hospital as defined in Section 1-701 of Title 63 of the Oklahoma Statutes which has a dedicated emergency department as defined in 42 CFR 489.24b.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 198, &sect; 5, eff. Sept. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.3k. Severability of act.&nbsp;</span></p> <p><span class="cls0">If any one or more provision, section, subsection, sentence, clause, phrase or word of this act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this act and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 198, &sect; 6, eff. Sept. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.4. Medical emergency abortions &ndash; Physician&rsquo;s judgment &ndash; Patient&rsquo;s right to information.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 200, &sect; 9, emerg. eff. May 20, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-738.5. Disciplinary action.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. No penalty may be assessed against the woman upon whom the abortion is performed or attempted to be performed.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 200, &sect; 10, emerg. eff. May 20, 2005. Amended by Laws 2006, c. 185, &sect; 5, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&nbsp;&nbsp;&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738.6. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Unborn Child Pain Awareness/Prevention Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 6, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.7. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Unborn Child Pain Awareness/Prevention Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Abortion&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Attempt to perform an abortion&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Unborn child&rdquo; means a member of the species homo sapiens from fertilization until birth;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Medical emergency&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Physician&rdquo; means a person licensed to practice medicine in this state pursuant to Sections 495 and 633 of Title 59 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Probable gestational age&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 7, eff. Nov. 1, 2006. Amended by Laws 2007, c. 161, &sect; 4, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.8. Review of materials, notice in cases of twenty-plus weeks' gestation - Certification, furnishing of information.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 8, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.9. Use of anesthetic or analgesic to eliminate or alleviate pain - Notice.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 9, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.10. Publication of materials on twenty-week gestation - Legibility - Availability at no cost.&nbsp;</span></p> <p><span class="cls0">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: &ldquo;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.&rdquo;&nbsp;</span></p> <p><span class="cls0">The materials shall be objective, nonjudgmental and designed to convey only accurate scientific information about the human fetus at the various gestational ages.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 10, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.11. Web site, development and maintenance.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 11, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.12. Medical emergency abortion - Notice of medical indications.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 12, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.13. Reporting forms - Submission of copies - Late fees - Public report - Alteration of dates.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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 &nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Department shall ensure that copies of the reporting forms described in subsection A of this section are provided:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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 &nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 13, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.14. Violation of Act - Penalties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 14, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.15. Failure to comply with Act or issue public report - Civil liability.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 15, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.16. Civil or criminal actions - Anonymity of person upon whom abortion has been performed or attempted.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 16, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738.17. Severability of provisions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 17, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738a. Repealed by Laws 2010, c. 276, &sect; 9, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738b. Repealed by Laws 2010, c. 276, &sect; 9, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738c. Repealed by Laws 2010, c. 276, &sect; 9, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738d. Repealed by Laws 2010, c. 276, &sect; 9, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738e. Repealed by Laws 2010, c. 276, &sect; 9, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738f. Repealed by Laws 2010, c. 276, &sect; 9, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738g. Repealed by Laws 2010, c. 276, &sect; 9, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738h. Repealed by Laws 2010, c. 276, &sect; 9, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-738i. Statistical Abortion Reporting Act.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Statistical Abortion Reporting Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 276, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738j. Individual Abortion Form - Submission of abortion statistics.&nbsp;</span></p> <p><span class="cls0">A. As used in the Statistical Abortion Reporting Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Abortion&rdquo; means the term as defined in Section 1-730 of Title 63 of the Oklahoma Statutes; &nbsp;</span></p> <p><span class="cls0">2. &ldquo;Complication&rdquo; 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&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Stable Internet website&rdquo; means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the State Department of Health.&nbsp;</span></p> <p><span class="cls0">B. By March 1, 2012, the State Department of Health shall make available, on its stable Internet website, an Individual Abortion Form as required by Section 3 of this act, and a form for a Complications of Induced Abortion Report as required by Section 4 of this act.&nbsp;</span></p> <p><span class="cls0">C. As required by Section 5 of this act, information from a completed Individual Abortion Form or a completed Complications of Induced Abortion Report shall be combined with information from all other such completed forms and reports submitted for the year. An Annual Abortion Report providing statistics for the previous calendar year compiled from all of that year&rsquo;s completed forms and reports submitted in accordance with the Statistical Abortion Reporting Act shall be published annually by the Department on its stable Internet website.&nbsp;</span></p> <p><span class="cls0">D. No Individual Abortion Forms or Complications of Induced Abortion Reports that have been completed and submitted to the Department by any physician pursuant to subsection B of Section 3 of this act or subsection C of Section 4 of this act shall be posted online.&nbsp;</span></p> <p><span class="cls0">E. By March 1, 2012, the State Department of Health shall, on its stable Internet website, provide the language of all Oklahoma Statutes and regulations directly relating to abortion, and shall promptly update its website to reflect subsequent statutory and regulatory changes. The Department shall also, by March 1, 2012, provide, on its stable Internet website, the means by which physicians may electronically submit the reports required by the Statistical Abortion Reporting Act. The Department shall include instructions on its stable Internet website regarding electronic submission. The Department shall take all necessary precautions to ensure the security of the electronically submitted reports so that the submitted data is able to be accessed only by specially authorized departmental personnel during and following the process of transmission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 276, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738k. Posting of Individual Abortion Form - Notice - Sample form.&nbsp;</span></p> <p><span class="cls0">A. Subsections B and C of this section shall become operative on the later of:&nbsp;</span></p> <p><span class="cls0">1. April 1, 2012; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Department shall post the Individual Abortion Form and instructions concerning its electronic submission on its stable Internet website. Nothing in the Individual Abortion Form shall contain the name, address, hometown, county of residence, or any other information specifically identifying any patient. The Department's Individual Abortion Form shall be substantially similar to, but need not be in the specific format, provided in subsection F of this section.&nbsp;</span></p> <p><span class="cls0">C. Any physician performing abortions shall fully complete and submit, electronically, an Individual Abortion Form to the State Department of Health by the last business day of the calendar month following the month in which the physician performs an abortion, for each abortion the physician performs.&nbsp;</span></p> <p><span class="cls0">D. In cases in which a physician or the agent of a physician:&nbsp;</span></p> <p><span class="cls0">1. Mails the printed materials described in Section 1-738.3 of this title to a female specifically to comply with division (1) of subparagraph d of paragraph 2 of subsection B of Section 1-738.2 of this title;&nbsp;</span></p> <p><span class="cls0">2. Gives or mails the printed materials described in Section 1-738.10 of this title to a female specifically to comply with subsection A of Section 1-738.8 of this title; or&nbsp;</span></p> <p><span class="cls0">3. Provides notice to a parent in compliance with Section 1-740.2 of this title,&nbsp;</span></p> <p><span class="cls0">but does not subsequently perform an abortion on the female or minor, the physician shall electronically submit a completed Individual Abortion Form to the State Department of Health, and shall mark as "not applicable" those items of information that may accurately be provided only when an abortion is performed. The physician shall not submit such a form if the physician knows that an abortion was subsequently performed on the female or minor by another physician. Individual Abortion Forms required by this subsection shall be submitted by the last business day of the second calendar month following the calendar month in which the physician mails the printed materials or provides notice to a parent.&nbsp;</span></p> <p><span class="cls0">E. The Individual Abortion Form shall contain a notice containing an assurance that, in accordance with subsection F of Section 1-738m of this title, public reports based on the form submitted will not contain the name, address, hometown, county of residence, or any other identifying information of any individual female, that the State Department of Health will take care to ensure that none of the information included in its public reports could reasonably lead to the identification of any individual female about whom information is reported in accordance with the Statistical Abortion Reporting Act or of any physician providing information in accordance with the Statistical Abortion Reporting Act, and that such information is not subject to the Oklahoma Open Records Act.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">Individual Abortion Form&nbsp;</span></p> <p><span class="cls0">(TO BE COMPLETED FOR EACH ABORTION PERFORMED)&nbsp;</span></p> <p><span class="cls0">1. Date of abortion: _________________&nbsp;</span></p> <p><span class="cls0">2. County in which the abortion was performed: ________________&nbsp;</span></p> <p><span class="cls0">3. Age of mother: _________________&nbsp;</span></p> <p><span class="cls0">4. Marital status of mother: ________________&nbsp;</span></p> <p class="cls6"><span class="cls0">(specify married, divorced, separated, widowed, or never married)&nbsp;</span></p> <p><span class="cls0">5. Race of mother: ________________&nbsp;</span></p> <p><span class="cls0">6. Years of education of mother: ________________&nbsp;</span></p> <p><span class="cls0">(specify highest year completed)&nbsp;</span></p> <p><span class="cls0">7. State or foreign country of residence of mother:______________&nbsp;</span></p> <p><span class="cls0">8. Total number of previous pregnancies of the mother:___________&nbsp;</span></p> <p><span class="cls0">Live Births: _________________&nbsp;</span></p> <p class="cls6"><span class="cls0">Miscarriages: _________________&nbsp;</span></p> <p class="cls6"><span class="cls0">Induced Abortions: __________________&nbsp;</span></p> <p><span class="cls0">9. Approximate gestational age in weeks, as measured from the last menstrual period of the mother, of the unborn child subject to abortion: _______________________________&nbsp;</span></p> <p><span class="cls0">10. Method of abortion used:&nbsp;</span></p> <p class="cls9"><span class="cls0">Suction Aspiration: ___________&nbsp;</span></p> <p class="cls9"><span class="cls0">Dilation and Curettage: ___________&nbsp;</span></p> <p class="cls9"><span class="cls0">RU 486: ___________&nbsp;</span></p> <p class="cls9"><span class="cls0">Methotrexate: ___________&nbsp;</span></p> <p class="cls9"><span class="cls0">Other drug/chemical/medicine (specify): _________________&nbsp;</span></p> <p class="cls9"><span class="cls0">Dilation and Evacuation: ___________&nbsp;</span></p> <p class="cls9"><span class="cls0">Saline: ___________&nbsp;</span></p> <p class="cls9"><span class="cls0">Urea: ___________&nbsp;</span></p> <p class="cls9"><span class="cls0">Prostaglandins: ___________&nbsp;</span></p> <p class="cls9"><span class="cls0">Partial Birth Abortion: __________&nbsp;</span></p> <p class="cls9"><span class="cls0">Hysterotomy: ___________&nbsp;</span></p> <p class="cls9"><span class="cls0">Other (specify): ___________&nbsp;</span></p> <p><span class="cls0">11. Was there an infant born alive as a result of the abortion? __________&nbsp;</span></p> <p><span class="cls0">If yes:&nbsp;</span></p> <p><span class="cls0">Were life-sustaining measures undertaken? ___________&nbsp;</span></p> <p><span class="cls0">How long did the infant survive? ___________&nbsp;</span></p> <p><span class="cls0">12. Was anesthesia administered to mother? ____________&nbsp;</span></p> <p><span class="cls0">If yes, what type? ____________________________&nbsp;</span></p> <p><span class="cls0">13. Was anesthesia administered to the fetus? ___________&nbsp;</span></p> <p><span class="cls0">If yes:&nbsp;</span></p> <p><span class="cls0">What type? _______________________&nbsp;</span></p> <p><span class="cls0">How was it administered? _______________________&nbsp;</span></p> <p><span class="cls0">14. Method of fetal tissue disposal: _______________________&nbsp;</span></p> <p><span class="cls0">15. Unless a medical emergency, as defined in Section 1-738.1A, or as applicable, Section 1-745.2 of Title 63 of the Oklahoma Statutes, exists, the abortion provider or agent shall ask the pregnant female to provide, orally or in writing, the reason(s) she is seeking the abortion. If such a medical emergency exists, the abortion provider or agent shall specify on the form the condition which necessitated the immediate abortion: ___________________&nbsp;</span></p> <p class="cls9"><span class="cls0">REASON GIVEN FOR ABORTION (check all applicable):&nbsp;</span></p> <p class="cls10"><span class="cls0">Having a baby:&nbsp;</span></p> <p class="cls4"><span class="cls0">Would dramatically change the life of the mother: _________&nbsp;</span></p> <p class="cls4"><span class="cls0">Would interfere with the education of the mother: _________&nbsp;</span></p> <p class="cls4"><span class="cls0">Would interfere with the job/employment/career of the mother: ______&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother has other children or dependents: ________&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother cannot afford the child: ______&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother is unmarried: ________&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother is a student or planning to be a student: ________&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother cannot afford child care: _______&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother cannot afford the basic needs of life: ________&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother is unemployed: _________&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother cannot leave job to care for a baby: _________&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother would have to find a new place to live: _________&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother does not have enough support from a husband or partner: _____&nbsp;</span></p> <p class="cls9"><span class="cls0">Husband or partner is unemployed: _______&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother is currently or temporarily on welfare or public assistance: _________&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother does not want to be a single mother: _______&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother is having relationship problems: ________&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother is not certain of relationship with the father of the child: ________&nbsp;</span></p> <p class="cls9"><span class="cls0">Partner and mother are unable to or do not want to get married: _______&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother is not currently in a relationship: _______&nbsp;</span></p> <p class="cls9"><span class="cls0">The relationship or marriage of the mother may soon break up: _______&nbsp;</span></p> <p class="cls9"><span class="cls0">Husband or partner is abusive to the mother or her children: _______&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother has completed her childbearing: ________&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother is not ready for a, or another, child: _______&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother does not want people to know that she had sex or became pregnant: ________&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother does not feel mature enough to raise a, or another, child: _______&nbsp;</span></p> <p class="cls9"><span class="cls0">Husband or partner wants mother to have an abortion: ______&nbsp;</span></p> <p class="cls9"><span class="cls0">There may be possible problem affecting the health of the fetus: ________&nbsp;</span></p> <p class="cls9"><span class="cls0">Physical health of the mother is at risk: ________&nbsp;</span></p> <p class="cls9"><span class="cls0">Parents want mother to have an abortion: _________&nbsp;</span></p> <p class="cls9"><span class="cls0">Emotional health of the mother is at risk: ________&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother suffered from a medical emergency as defined in Section 1-738.1A of Title 63 of the Oklahoma Statutes: ______&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother suffered from a medical emergency as defined in Section 1-745.2 of Title 63 of the Oklahoma Statutes: _____&nbsp;</span></p> <p class="cls9"><span class="cls0">Mother wanted a child of a different sex: ______&nbsp;</span></p> <p class="cls9"><span class="cls0">Abortion is necessary to avert the death of the mother: ______&nbsp;</span></p> <p class="cls9"><span class="cls0">Pregnancy was a result of forcible rape: ______&nbsp;</span></p> <p class="cls9"><span class="cls0">Pregnancy was a result of incest: ______&nbsp;</span></p> <p class="cls9"><span class="cls0">Other (specify): ______&nbsp;</span></p> <p class="cls9"><span class="cls0">Patient was asked why she is seeking an abortion, but she declined to give a reason: _______&nbsp;</span></p> <p><span class="cls0">16. Method of payment (check one):&nbsp;</span></p> <p><span class="cls0">Private insurance: _______&nbsp;</span></p> <p><span class="cls0">Public health plan: _______&nbsp;</span></p> <p><span class="cls0">Medicaid: _______&nbsp;</span></p> <p><span class="cls0">Private pay: _______&nbsp;</span></p> <p><span class="cls0">Other (specify): _____________________________&nbsp;</span></p> <p><span class="cls0">17. Type of private medical health insurance coverage, if any (check one):&nbsp;</span></p> <p><span class="cls0">Fee-for-service insurance company: ______&nbsp;</span></p> <p><span class="cls0">Managed care company: ______&nbsp;</span></p> <p><span class="cls0">Other (specify): _____________________________&nbsp;</span></p> <p><span class="cls0">18. Sum of fee(s) collected: ___________&nbsp;</span></p> <p><span class="cls0">19. Time of fee collection (check one):&nbsp;</span></p> <p><span class="cls0">Full fee for abortion collected prior to or at the time the patient was provided the information required under subsection B of Section 1-738.2 of Title 63 of the Oklahoma Statutes: _________&nbsp;</span></p> <p><span class="cls0">Partial fee for abortion collected prior to or at the time the patient was provided the information required under subsection B of Section 1-738.2 of Title 63 of the Oklahoma Statutes: _________&nbsp;</span></p> <p><span class="cls0">Full fee for abortion collected at time the abortion was performed: ________&nbsp;</span></p> <p><span class="cls0">Other (specify): ________&nbsp;</span></p> <p><span class="cls0">20. Specialty area of medicine of the physician: _____________&nbsp;</span></p> <p class="cls9"><span class="cls0">At which hospital(s) did the physician have hospital privileges at the time of the abortion?&nbsp;</span></p> <p><span class="cls0">______________________________________________________________&nbsp;</span></p> <p><span class="cls0">21. Was ultrasound equipment used before, during, or after the performance of this abortion?&nbsp;</span></p> <p><span class="cls0">Before? _____&nbsp;&nbsp;&nbsp;&nbsp;Vaginal, abdominal, or both? _____&nbsp;</span></p> <p><span class="cls0">How long prior to the abortion was the ultrasound performed?&nbsp;</span></p> <p><span class="cls0">______&nbsp;</span></p> <p><span class="cls0">Was the mother under the effect of anesthesia at the time of the ultrasound? ______&nbsp;</span></p> <p><span class="cls0">During? _____&nbsp;&nbsp;&nbsp;&nbsp;Vaginal, abdominal, or both? _____&nbsp;</span></p> <p><span class="cls0">After? _____&nbsp;&nbsp;&nbsp;&nbsp;Vaginal, abdominal, or both? _____&nbsp;</span></p> <p><span class="cls0">If an ultrasound was performed, what was the gestational age of the fetus at the time of the abortion, as determined by the ultrasound? _____________&nbsp;</span></p> <p><span class="cls0">Attach to this form a copy or screenshot of the ultrasound, intact with the date on which the ultrasound was performed, and with the name of the mother redacted; provided, however, such ultrasound shall not be subject to an open records request and shall be subject to HIPAA regulations governing confidentiality and release of private medical records.&nbsp;</span></p> <p><span class="cls0">21A. If an ultrasound was not performed prior to the abortion, was the reason for not performing an ultrasound a medical emergency necessitating an immediate abortion:&nbsp;</span></p> <p><span class="cls0">To avert death: _______&nbsp;</span></p> <p><span class="cls0">To avert substantial and irreversible impairment of a major bodily function arising from continued pregnancy: _______&nbsp;</span></p> <p><span class="cls0">Other reason: ____________&nbsp;</span></p> <p><span class="cls0">22. If ultrasound equipment was used, was the ultrasound performed by:&nbsp;</span></p> <p><span class="cls0">The physician performing the abortion: _____&nbsp;</span></p> <p><span class="cls0">A physician other than the physician performing the abortion: _____&nbsp;</span></p> <p><span class="cls0">Other (specify): ___________________________&nbsp;</span></p> <p><span class="cls0">23. Was the information required by paragraph 1 of subsection B of Section 1-738.2 of Title 63 of the Oklahoma Statutes provided to the mother? ___________&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;If yes, was it provided:&nbsp;</span></p> <p class="cls2"><span class="cls0">In person: ___________&nbsp;</span></p> <p class="cls2"><span class="cls0">By telephone: ___________&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Was it provided by:&nbsp;</span></p> <p class="cls2"><span class="cls0">A referring physician: __________&nbsp;</span></p> <p class="cls2"><span class="cls0">The physician performing the abortion: _________&nbsp;</span></p> <p class="cls2"><span class="cls0">An agent of a referring physician: ___________&nbsp;</span></p> <p class="cls2"><span class="cls0">An agent of the physician performing the abortion: ________&nbsp;</span></p> <p><span class="cls0">24. Was the information required by paragraph 2 of subsection B of Section 1-738.2 of Title 63 of the Oklahoma Statutes provided to the mother? _________&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;If yes, was it provided:&nbsp;</span></p> <p class="cls2"><span class="cls0">In person: _______&nbsp;</span></p> <p class="cls2"><span class="cls0">By telephone: _______&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Was it provided by:&nbsp;</span></p> <p class="cls2"><span class="cls0">A referring physician: _______&nbsp;</span></p> <p class="cls2"><span class="cls0">An agent of a referring physician: _______&nbsp;</span></p> <p class="cls2"><span class="cls0">The physician performing the abortion: ________&nbsp;</span></p> <p class="cls2"><span class="cls0">An agent of the physician performing the abortion: _______&nbsp;</span></p> <p><span class="cls0">25. Did the mother avail herself of the opportunity to have the printed materials described in Section 1-738.3 of Title 63 of the Oklahoma Statutes mailed to her? ______________&nbsp;</span></p> <p><span class="cls0">26. Were the informed consent requirements of subsection B of Section 1-738.2 of Title 63 of the Oklahoma Statutes dispensed with because of a medical emergency necessitating an immediate abortion:&nbsp;</span></p> <p><span class="cls0">To avert death: ______&nbsp;</span></p> <p><span class="cls0">To avert substantial and irreversible impairment of a major bodily function arising from continued pregnancy: _____&nbsp;</span></p> <p><span class="cls0">27. Was a determination of probable postfertilization age made as required by Section 1-745.5 of Title 63 of the Oklahoma Statutes? ________&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;If no, was the determination of probable postfertilization age dispensed with:&nbsp;</span></p> <p class="cls2"><span class="cls0">To avert death: ________&nbsp;</span></p> <p class="cls2"><span class="cls0">To avert substantial and irreversible impairment of a major bodily function arising from continued pregnancy: _____&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;If yes, what was the probable postfertilization age? ____&nbsp;</span></p> <p class="cls2"><span class="cls0">What was the method and basis of the determination? _____&nbsp;</span></p> <p class="cls2"><span class="cls0">What was the basis for the determination to perform the abortion:&nbsp;</span></p> <p class="cls2"><span class="cls0">To avert death: _____&nbsp;</span></p> <p class="cls2"><span class="cls0">To avert substantial and irreversible impairment of a major bodily function arising from continued pregnancy: ____&nbsp;</span></p> <p class="cls2"><span class="cls0">Was the method of abortion used one that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive? _____&nbsp;</span></p> <p class="cls2"><span class="cls0">If yes, was there an infant born alive as a result of the abortion? _____&nbsp;</span></p> <p class="cls2"><span class="cls0">If no, what was the basis of the determination? _____&nbsp;</span></p> <p><span class="cls0">28. Was the abortion performed within the scope of employment of an Oklahoma state employee or an employee of an agency or political subdivision of the state? ________&nbsp;</span></p> <p><span class="cls0">29. Was the abortion performed with the use of any public institution, public facility, public equipment, or other physical asset owned, leased, or controlled by this state, its agencies, or political subdivisions? _________&nbsp;</span></p> <p><span class="cls0">30. If the answer to question 28 or 29 is yes:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Was the abortion necessary to save the life of the mother? _______&nbsp;</span></p> <p class="cls2"><span class="cls0">If yes, what was the life-endangering condition? __________&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Did the pregnancy result from an act of forcible rape? _______&nbsp;</span></p> <p class="cls2"><span class="cls0">If yes, list the law enforcement authority to which the rape was reported: ___________________&nbsp;</span></p> <p class="cls2"><span class="cls0">List the date of the report: ___________&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Did the pregnancy result from an act of incest committed against a minor? _________&nbsp;</span></p> <p class="cls2"><span class="cls0">If yes, list the law enforcement authority to which the perpetrator was reported: ________________&nbsp;</span></p> <p class="cls2"><span class="cls0">List the date of the report: ___________&nbsp;</span></p> <p><span class="cls0">THIS PORTION TO BE COMPLETED IN CASE OF MINOR&nbsp;</span></p> <p><span class="cls0">31. Minor's age at the time the abortion was performed: ___________&nbsp;</span></p> <p><span class="cls0">32. Was a parent of the minor provided notice prior to the abortion as described in Section 1-740.2 of Title 63 of the Oklahoma Statutes? ________&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;If yes, how was the notice provided?&nbsp;</span></p> <p class="cls3"><span class="cls0">In person: _______&nbsp;</span></p> <p class="cls3"><span class="cls0">By mail: _______&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;If yes, to the best of the reporting physician's knowledge and belief, did the minor go on to obtain the abortion? ________&nbsp;</span></p> <p><span class="cls0">33. Was informed written consent of one parent obtained as described in Section 1-740.2 of Title 63 of the Oklahoma Statutes? ______&nbsp;</span></p> <p class="cls4"><span class="cls0">If yes, how was it secured?&nbsp;</span></p> <p class="cls2"><span class="cls0">In person: ___________&nbsp;</span></p> <p class="cls2"><span class="cls0">Other (specify): _________&nbsp;</span></p> <p><span class="cls0">34. If no notice was provided nor consent obtained, indicate which of the following apply:&nbsp;</span></p> <p><span class="cls0">Minor was emancipated: ___________&nbsp;</span></p> <p><span class="cls0">Abortion was necessary to prevent the death of the minor: _____&nbsp;</span></p> <p><span class="cls0">Medical emergency, as defined in Section 1-738.1A of Title 63 of the Oklahoma Statutes, existed: ___________&nbsp;</span></p> <p><span class="cls0">Minor received judicial authorization to obtain abortion without parental notice or consent: ___________&nbsp;</span></p> <p><span class="cls0">35. If no notice was provided nor consent obtained because a medical emergency existed, indicate:&nbsp;</span></p> <p><span class="cls0">Whether parent was subsequently notified (state period of time elapsed before notice was given): ____________&nbsp;</span></p> <p><span class="cls0">Whether judicial waiver of notice requirement was obtained: ________&nbsp;</span></p> <p><span class="cls0">36. If the minor received judicial authorization to obtain an abortion without parental notice or consent, indicate which of the following applies:&nbsp;</span></p> <p class="cls9"><span class="cls0">Judge ruled that minor was mature enough to give informed consent on her own: ___________&nbsp;</span></p> <p class="cls9"><span class="cls0">Judge ruled that abortion was in the best interest of the minor: ___________&nbsp;</span></p> <p><span class="cls0">37. If the female was a minor at the time of conception, indicate the age of the father of the unborn child at the time of conception: ________&nbsp;</span></p> <p><span class="cls0">38. If at the time of conception the ages of the mother and father were such that a violation of Section 1111, 1112, 1114 or 1123 of Title 21 or Section 843.5 of Title 21 of the Oklahoma Statutes occurred, was the rape or abuse reported to the proper authorities? ________&nbsp;</span></p> <p><span class="cls0">39. Were the remains of the fetus after the abortion examined to ensure that all such remains were evacuated from the mother's body? _________&nbsp;</span></p> <p><span class="cls0">If the remains of the fetus were examined after the abortion, what was the sex of the child, as determined from such examination? __________&nbsp;</span></p> <p><span class="cls0">Was the sex of the child determined prior to the abortion? _________&nbsp;</span></p> <p><span class="cls0">If so, by whom? _______&nbsp;</span></p> <p><span class="cls0">If so, by what method? _____&nbsp;</span></p> <p><span class="cls0">If the sex of the child was determined prior to the abortion, was the mother given information of the child's sex prior to the abortion? ________&nbsp;</span></p> <p><span class="cls0">40. If the abortion was performed without surgery but rather as the result of the administration of chemicals, was the physician present in the same room as the woman to whom the chemicals were administered at the time any such chemicals were first administered? _______&nbsp;</span></p> <p><span class="cls0">4l. Prior to the pregnant woman giving informed consent to having any part of the abortion performed or induced, if the pregnancy was at least eight (8) weeks after fertilization, was the pregnant woman told that it may be possible to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear? _______&nbsp;</span></p> <p class="cls9"><span class="cls0">Was the pregnant woman asked if she would like to hear the heartbeat? ______&nbsp;</span></p> <p class="cls9"><span class="cls0">Was the embryonic or fetal heartbeat of the unborn child made audible for the pregnant woman to hear, using a Doppler fetal heart rate monitor? ______&nbsp;</span></p> <p class="cls9"><span class="cls0">If the response to any of the questions in this paragraph was anything other than an unqualified YES, how was the abortion performed in compliance with Sections 1-745.12 through 1-745.19 of Title 63 of the Oklahoma Statutes? ________&nbsp;</span></p> <p><span class="cls0">Filed this ____ day of __________, _____, by:&nbsp;</span></p> <p><span class="cls0">______________________________&nbsp;</span></p> <p><span class="cls0">(Name of physician)&nbsp;</span></p> <p><span class="cls0">_____________________________&nbsp;</span></p> <p><span class="cls0">(Physician's license number)&nbsp;</span></p> <p><span class="cls0">NOTICE: In accordance with subsection F of Section 1-738m of Title 63 of the Oklahoma Statutes, public reports based on this form will not contain the name, address, hometown, county of residence, or any other identifying information of any individual female. The State Department of Health shall take care to ensure that none of the information included in its public reports could reasonably lead to the identification of any individual female about whom information is reported or of any physician providing information in accordance with the Statistical Abortion Reporting Act. Such information is not subject to the Oklahoma Open Records Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 276, &sect; 3, eff. Nov. 1, 2010. Amended by Laws 2013, c. 303, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738l. Complications of Induced Abortion Report - Sample form.&nbsp;</span></p> <p><span class="cls0">A. Complications of Induced Abortion Report. By March 1, 2012, the State Department of Health shall prepare and make available, on its stable Internet website, a Complications of Induced Abortion Report for all physicians licensed and practicing in the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">B. Subsection C of this section shall become operative on the later of:&nbsp;</span></p> <p><span class="cls0">1. April 1, 2012; or &nbsp;</span></p> <p><span class="cls0">2. Thirty (30) calendar days following the date on which the State Department of Health posts on its stable Internet website the Individual Abortion Form and instructions concerning its electronic submission referenced in Section 3 of this act.&nbsp;</span></p> <p><span class="cls0">C. Any physician practicing in Oklahoma who encounters an illness or injury that a reasonably knowledgeable physician would judge is related to an induced abortion shall complete and submit, electronically or by regular mail, a Complications of Induced Abortion Report to the Department as soon as is practicable after the encounter with the induced-abortion-related illness or injury, but in no case more than sixty (60) days after such an encounter. Nothing in the Complications of Induced Abortion Report shall contain the name, address, hometown, county of residence, or any other information specifically identifying any patient. Knowing or reckless unreasonable delay or failure to submit a Complications of Induced Abortion Report shall be sanctioned according to the provisions of the Statistical Abortion Reporting Act.&nbsp;</span></p> <p><span class="cls0">D. The Complications of Induced Abortion Report shall contain a notice containing an assurance that in accordance with subsection F of Section 5 of this act, public reports based on the form submitted will not contain the name, address, hometown, county of residence, or any other identifying information of any individual female, that the State Department of Health will take care to ensure that none of the information included in its public reports could reasonably lead to the identification of any individual female about whom information is reported in accordance with the Statistical Abortion Reporting Act, or of any physician providing information in accordance with the Statistical Abortion Reporting Act, and that such information is not subject to the Oklahoma Open Records Act.&nbsp;</span></p> <p><span class="cls0">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: &nbsp;</span></p> <p><span class="cls0">Complications of Induced Abortion Report&nbsp;</span></p> <p><span class="cls0">1. Name and specialty field of medical practice of the physician filing the report: _________________________________&nbsp;</span></p> <p><span class="cls0">2. Did the physician filing the report perform or induce the abortion? ________________________________________________&nbsp;</span></p> <p><span class="cls0">3. Name, address, and telephone number of the health care facility where the induced abortion complication was discovered or treated: __________________________________________________________&nbsp;</span></p> <p><span class="cls0">4. Date on which the complication was discovered: ________&nbsp;</span></p> <p><span class="cls0">5. Date on which, and location of the facility where, the abortion was performed, if known: _________________________________&nbsp;</span></p> <p><span class="cls0">6. Age of the patient experiencing the complication: _____&nbsp;</span></p> <p><span class="cls0">7. Describe the complication(s) resulting from the induced abortion: ______________________________________________________&nbsp;</span></p> <p><span class="cls0">8. Circle all that apply:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Death&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Cervical laceration requiring suture or repair&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Heavy bleeding/hemorrhage with estimated blood loss of greater than or equal to 500cc&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;Uterine Perforation&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;Infection&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;Failed termination of pregnancy (continued viable pregnancy)&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;Incomplete termination of pregnancy (Retained parts of fetus requiring re-evacuation)&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;Other (May include psychological complications, future reproductive complications, or other illnesses or injuries that in the physician&rsquo;s medical judgment occurred as a result of an induced abortion. Specify diagnosis.): _______________________________&nbsp;</span></p> <p><span class="cls0">9. Type of follow-up care, if any, recommended: ______________________&nbsp;</span></p> <p><span class="cls0">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)? _____________________________&nbsp;</span></p> <p><span class="cls0">11. Name and license number of physician filing the Complications of Induced Abortion Report: _________________________&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 276, &sect; 4, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738m. Annual Abortion Report - Annual Judicial Bypass of Abortion Parental Consent Summary Report.&nbsp;</span></p> <p><span class="cls0">A. Beginning in 2013, by June 1 of each year, the Department shall issue, on its stable Internet website, a public Annual Abortion Report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with the Statistical Abortion Reporting Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Annual Abortion Report shall include, but not be limited to, the following information:&nbsp;</span></p> <p><span class="cls0">1. The number of induced abortions performed in the previous calendar year, broken down by month and county in which the abortion was performed;&nbsp;</span></p> <p><span class="cls0">2. The number of abortions classified by:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the state or foreign country of residence of the mother,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the age, marital status, and race of the mother, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the number of years of education of the mother;&nbsp;</span></p> <p><span class="cls0">3. The number of abortions classified by:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the number of previous pregnancies of the mother,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;previous live births to the mother,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;previous miscarriages, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;previous induced abortions;&nbsp;</span></p> <p><span class="cls0">4. The number of abortions by week of gestational age;&nbsp;</span></p> <p><span class="cls0">5. The number of abortions performed by each reported method;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">7. The number of cases in which anesthesia was administered to the mother and the number of each type of anesthesia;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">9. The number of each reported method of fetal disposal;&nbsp;</span></p> <p><span class="cls0">10. The reasons reported for the abortions, and the number of times each reported reason was cited;&nbsp;</span></p> <p><span class="cls0">11. The number of abortions paid for by:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;private insurance,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;public health plan,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Medicaid,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;private pay, or&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;other;&nbsp;</span></p> <p><span class="cls0">12. The number of abortions in which medical health insurance coverage was under:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a fee-for-service insurance company,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a managed care company, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;other;&nbsp;</span></p> <p><span class="cls0">13. A statistical summary of the fees collected;&nbsp;</span></p> <p><span class="cls0">14. Specialty area of medicine of the physician;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">16. The number of abortions before which an ultrasound was performed by:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the physician performing the abortion,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a physician other than the physician performing the abortion, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;other;&nbsp;</span></p> <p><span class="cls0">17. The number of abortions resulting in reported complications, and of those, how many were reported by the physician who performed the abortion, and how many were reported by another physician, the types of reported complications, and the number of each type based on data which shall be compiled and transmitted to the State Department of Health by the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners;&nbsp;</span></p> <p><span class="cls0">18. The number of abortions resulting in the reported death of the mother;&nbsp;</span></p> <p><span class="cls0">19. The number of females to whom the physician provided the information in subparagraph a of paragraph 1 of subsection B of Section 1-738.2 of this title; of that number, the number provided by telephone and the number provided in person; and of each of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion;&nbsp;</span></p> <p><span class="cls0">20. The number of females to whom physicians or agents of physicians provided the information in paragraph 2 of subsection B of Section 1-738.2 of this title; of that number, the number provided by telephone and the number provided in person; of each of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion; and of each of those numbers, the number provided by the physician and the number provided by an agent of the physician;&nbsp;</span></p> <p><span class="cls0">21. The number of females who availed themselves of the opportunity to have a copy of the printed information described in Section 1-738.3 of this title mailed to them; and of that number, the number who, based on the submitted reports, did and did not obtain an abortion;&nbsp;</span></p> <p><span class="cls0">22. 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;&nbsp;</span></p> <p><span class="cls0">23. The number of females to whom physicians or their agents provided the information described in subsection A of Section 1-738.8 of this title; of that number:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the number of females who availed themselves of the opportunity to be given or mailed the materials described in Section 1-738.10 of this title, and the number who did not; and of each of those numbers, the number who, to the best of the information and belief of the reporting physician, went on to obtain the abortion;&nbsp;</span></p> <p><span class="cls0">24. The number of females to whom the information described in subsection A of Section 1-738.8 of this title would have had to be provided but for a medical emergency determination; of that number, the number for whom an immediate abortion was necessary to avert the death of the female, and the number for whom a delay would have created serious risk of substantial and irreversible impairment of a major bodily function;&nbsp;</span></p> <p><span class="cls0">25. The number of abortions performed within the scope of employment of Oklahoma state employees and employees of an agency or political subdivision of the state, the number of abortions performed with the use of public institutions, facilities, equipment, or other physical assets owned, leased, or controlled by this state, its agencies, or political subdivisions, and for each category:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">26. The number of females to a parent of whom the physician provided notice as required by Section 1-740.2 of this title; of that number, the number provided personally as described in that section, and the number provided by mail as described in that section, and of each of those numbers, the number of females who, to the best of the information and belief of the reporting physician, went on to obtain the abortion;&nbsp;</span></p> <p><span class="cls0">27. The number of females upon whom the physician performed an abortion without the notice to or consent of the parent of the minor required by Section 1-740.2 of this title; of that number, the number who were emancipated minors and the number who suffered from a medical emergency, and of the latter, the number of cases in which a parent was notified subsequently and the number of cases in which a judicial waiver was obtained. In the case of medical emergencies in which a parent was informed subsequently, a statistical summary of the period of time elapsed before notification;&nbsp;</span></p> <p><span class="cls0">28. The number of abortions performed after receiving judicial authorization to do so without parental notice and consent;&nbsp;</span></p> <p><span class="cls0">29. The number of abortions performed on minors after judicial authorizations were granted because of a finding that the minor girl was mature and capable of giving informed consent; &nbsp;</span></p> <p><span class="cls0">30. The number of abortions performed on minors after judicial authorizations were granted because of a finding that the performance of the abortion without parental notification and consent was in the best interest of the minor;&nbsp;</span></p> <p><span class="cls0">31. The number of abortions performed after which the remains of the fetus after the abortion were examined to ensure that all such remains were evacuated from the mother's body;&nbsp;</span></p> <p><span class="cls0">32. The number of male children aborted and female children aborted, as determined from the examination of fetal remains after abortion;&nbsp;</span></p> <p><span class="cls0">33. The number of male children aborted and female children aborted, as determined by any method other than those reported in paragraph 32 of this subsection;&nbsp;</span></p> <p><span class="cls0">34. The number of instances in which the mother was informed prior to the abortion that the child to be aborted was a female;&nbsp;</span></p> <p><span class="cls0">35. The number of abortions performed without surgery but rather as the result of the administration of chemicals;&nbsp;</span></p> <p><span class="cls0">36. The number of abortions performed as reported in paragraph 35 of this subsection, in which the physician was present in the same room as the woman to whom the chemicals were administered at the time any such chemicals were first administered;&nbsp;</span></p> <p><span class="cls0">37. The number of abortions performed for each hospital at which the abortionist had hospital privileges at the time of the abortion;&nbsp;</span></p> <p><span class="cls0">38. The number of abortions performed at which ultrasound equipment was used before the abortion;&nbsp;</span></p> <p><span class="cls0">39. The number of abortions reported in paragraph 38 of this subsection, during which the mother was under the effect of anesthesia at the time of the ultrasound;&nbsp;</span></p> <p><span class="cls0">40. The number of abortions performed at which ultrasound equipment was used during the abortion;&nbsp;</span></p> <p><span class="cls0">41. The number of abortions reported in paragraph 40 of this subsection, during which the mother was under the effect of anesthesia at the time of the ultrasound;&nbsp;</span></p> <p><span class="cls0">42. The number of abortions performed at which ultrasound equipment was used after the abortion;&nbsp;</span></p> <p><span class="cls0">43. The number of abortions reported in paragraph 42 of this subsection, during which the mother was under the effect of anesthesia at the time of the ultrasound;&nbsp;</span></p> <p><span class="cls0">44. The mean gestational age of the fetus at the time of the abortion, as determined by ultrasounds reported;&nbsp;</span></p> <p><span class="cls0">45. The number of abortions for which no determination of probable postfertilization age was made as required by Section 1-745.5 of this title; and&nbsp;</span></p> <p><span class="cls0">46. The number of abortions in which the pregnant woman was told that it may be possible to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear; the number of abortions in which the pregnant woman was asked if she would like to hear the heartbeat; and the number of abortions in which the embryonic or fetal heartbeat of the unborn child was made audible for the pregnant woman to hear, using a Doppler fetal heart rate monitor.&nbsp;</span></p> <p><span class="cls0">D. Beginning in 2013, by June 1 of each year, the State Department of Health shall post, on its stable Internet website, a public Annual Judicial Bypass of Abortion Parental Consent Summary Report providing statistics which shall be compiled and supplied to the Department by the Administrative Office of the Courts giving the total number of petitions or motions filed under Section 1-740.3 of this title and of that number, the number in which:&nbsp;</span></p> <p><span class="cls0">1. The court appointed a guardian ad litem;&nbsp;</span></p> <p><span class="cls0">2. The court appointed counsel;&nbsp;</span></p> <p><span class="cls0">3. The judge issued an order authorizing an abortion without parental notification or consent, and of those:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the number authorized due to a determination by the judge that an abortion was in the best interest of the minor; and&nbsp;</span></p> <p><span class="cls0">4. The judge denied such an order, and of this, the number of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;denials from which an appeal was filed,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the appeals that resulted in the denial being affirmed, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;appeals that resulted in reversals of the denials.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">F. The Department's public reports shall not contain the name, address, hometown, county of residence, or any other identifying information of any individual female, and shall take care to ensure that none of the information included in its public reports could reasonably lead to the identification of any individual female about whom information is reported in accordance with the Statistical Abortion Reporting Act or of any physician providing information in accordance with the Statistical Abortion Reporting Act. Nor shall the information described in the preceding sentence be subject to the Oklahoma Open Records Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 276, &sect; 5, eff. Nov. 1, 2010. Amended by Laws 2013, c. 303, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738n. Notification of physicians - Late fee - Promulgation of rules &ndash; Claims brought by taxpayers.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners shall notify, by March 1, 2012, all physicians licensed to practice in this state over whom they have licensure authority of the requirements of the Statistical Abortion Reporting Act and of the addresses of the pages on the State Department of Health's secure Internet website providing access to the forms it requires and instructions for their electronic submission. The respective Board shall also notify each physician who subsequently becomes newly licensed to practice in this state, at the same time as an official notification to that physician, that the physician is so licensed.&nbsp;</span></p> <p><span class="cls0">B. Individual Abortion Forms or Complications of Induced Abortion Reports that are not submitted by the end of a grace period of thirty (30) days following the due date shall be subject to a late fee of Five Hundred Dollars ($500.00) for each additional thirty-day period the forms or reports are overdue. Any monies collected under this subsection shall be deposited into an account created within the Department, which shall be used for the administration of the Statistical Abortion Reporting Act. Any physician required to report in accordance with the Statistical Abortion Reporting Act who has not completed and electronically submitted a form or report, or has submitted only an incomplete form or report, more than one (1) year following the due date shall be precluded from renewing his or her 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.&nbsp;</span></p> <p><span class="cls0">C. Anyone who knowingly or recklessly fails to submit an Individual Abortion Form or Complications of Induced Abortion Report, or submits false information under the Statistical Abortion Reporting Act, shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">D. The Department, the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners shall ensure compliance with the Statistical Abortion Reporting Act and shall verify the data provided by periodic inspections of places where the Department, the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners know or have reason to believe abortions are performed.&nbsp;</span></p> <p><span class="cls0">E. The Department may promulgate rules in accordance with the Administrative Procedures Act to alter the dates established by the Statistical Abortion Reporting Act to achieve administrative convenience, fiscal savings, or to reduce the burden of reporting requirements, so long as the forms and reports are made available, on its stable Internet website, to all licensed physicians in this state, and the public reports described in Section 1-738m of this title are issued at least once every year.&nbsp;</span></p> <p><span class="cls0">F. If the Department fails to issue the public reports described in Section 1-738m of this title, an action pursuant to Chapter 26 of Title 12 of the Oklahoma Statutes may be initiated. If judgment is rendered in favor of the plaintiff in any action described in this subsection, the court shall also render judgment for a reasonable attorney fee in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney fee in favor of the defendant against the plaintiff.&nbsp;</span></p> <p><span class="cls0">G. If an abortion provider fails to submit any report required pursuant to Section 1-738k of this title, upon the refusal, failure or neglect of the State Commissioner of Health, within twenty (20) days after written demand signed, verified and served upon the State Department of Health by at least ten registered voters of the state, to institute or diligently prosecute proper proceedings at law or in equity to compel an abortion provider to submit any report required pursuant to Section 1-738k of this title but not yet submitted to the State Department of Health, any resident taxpayer of the state after serving the notice aforesaid may in the name of the State of Oklahoma as plaintiff, institute and maintain any proper action which the State Department of Health might institute and maintain to compel the abortion provider to file such report. If a court of competent jurisdiction determines the claims to be meritorious, the abortionist shall be compelled to file the report and to pay the fee(s) prescribed in subsection B of this section, with costs and reasonable attorney fees. If all claims stated by the resident taxpayers in the written demand are determined in a court of competent jurisdiction to be frivolous and brought in bad faith, the resident taxpayers who signed such demand and who are parties to the lawsuit in which such claims are determined to be frivolous and brought in bad faith shall be jointly and severally liable for all reasonable attorney fees and court costs incurred by the abortionist.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 276, &sect; 6, eff. Nov. 1, 2010. Amended by Laws 2013, c. 303, &sect; 3, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738o. Authority to intervene by right.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 276, &sect; 7, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738p. Judicial order restraining or enjoining Statistical Abortion Reporting Act.&nbsp;</span></p> <p><span class="cls0">A. Sections 1-738.3a, 1-738.13 and 1-740.4a of Title 63 of the Oklahoma Statutes shall become ineffective and of no binding force on the date specified in subsection B of this section, but if the Statistical Abortion Reporting Act is ever temporarily or permanently restrained or enjoined by judicial order, these sections shall become effective and enforceable; provided, however, that if such temporary or permanent restraining order or injunction is ever stayed or dissolved, or otherwise ceases to have effect, these sections shall again become ineffective and of no binding force until or unless an injunction or restraining order against the Statistical Abortion Reporting Act is again in effect. If and to the extent the Statistical Abortion Reporting Act is restrained or enjoined in part, then only those provisions of these sections that neither conflict with nor substantively duplicate the provisions of the Statistical Abortion Reporting Act that are not enjoined shall have effect. As promptly as feasible following the issuance of any restraining order or injunction that enjoins part but not all of the Statistical Abortion Reporting Act, the Attorney General shall issue an opinion specifically identifying those provisions of these sections that are effective and enforceable in accordance with the preceding sentence.&nbsp;</span></p> <p><span class="cls0">B. The date specified in this subsection is the later of:&nbsp;</span></p> <p><span class="cls0">1. April 1, 2012; or&nbsp;</span></p> <p><span class="cls0">2. Thirty (30) calendar days following the date on which the State Department of Health posts on its secure Internet website the Individual Abortion Form and instructions concerning its electronic submission referenced in Section 3 of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 276, &sect; 8, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-738q. Injucntion or restraining orders &ndash; Enforcement of provisions.&nbsp;</span></p> <p><span class="cls0">If some or all of the provisions of Sections 1-738k, 1-738m and 1-738n of Title 63 of the Oklahoma Statutes, as amended by Sections 1, 2 and 3 of this act, are ever temporarily or permanently restrained or enjoined by judicial order, these sections shall be enforced as though such restrained or enjoined provisions had not been adopted; provided, however, that whenever such temporary or permanent restraining order or injunction is stayed or dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 303, &sect; 4, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631739. Records.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1978, c. 207, &sect; 11, eff. Oct. 1, 1978. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-740. Abortion on minor without parental consent or knowledge - Liability.&nbsp;</span></p> <p class="cls11"><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 379, &sect; 2, emerg. eff. June 4, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from &sect; 1-738 of this title to avoid duplication in numbering.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-740.1. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in Sections 1-740.1 through 1-740.5 of this title:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Abortion&rdquo; means the term as is defined in Section 1-730 of this title;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Medical emergency&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Parent&rdquo; means one parent of the pregnant unemancipated minor or guardian if the pregnant unemancipated minor has one; and&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Unemancipated minor&rdquo; 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&rsquo;s parent or parents, guardian or juvenile court of competent jurisdiction.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 200, &sect; 11, emerg. eff. May 20, 2005. Amended by Laws 2007, c. 161, &sect; 5, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-740.2. Consent of parent - Requirements - Exceptions - Forms.&nbsp;</span></p> <p><span class="cls0">A. Except in the case of a medical emergency, a physician may not perform an abortion on a pregnant female unless the physician has:&nbsp;</span></p> <p><span class="cls0">1. Obtained proof of age demonstrating that the female is not a minor;&nbsp;</span></p> <p><span class="cls0">2. Obtained proof that the female, although a minor, is emancipated; or&nbsp;</span></p> <p><span class="cls0">3. Complied with Section 1-740.3 of this title.&nbsp;</span></p> <p><span class="cls0">B. No abortion shall be performed upon an unemancipated minor or upon a female for whom a guardian has been appointed pursuant to Section 1-113 of Title 30 of the Oklahoma Statutes because of a finding of incompetency, except in a medical emergency or where a judicial waiver was obtained pursuant to Section 1-740.3 of this title, until at least forty-eight (48) hours after the request for written informed consent for the pending abortion has been delivered in the manner specified in this subsection and the attending physician has secured proof of identification and the written informed consent of one parent.&nbsp;</span></p> <p><span class="cls0">1. The request for written informed consent of one parent shall be addressed to the parent at the usual place of abode of the parent and delivered personally to the parent by the physician or an agent.&nbsp;</span></p> <p><span class="cls0">2. In lieu of the delivery required by paragraph 1 of this subsection, the request for written informed consent of one parent shall be made by certified mail addressed to the parent at the usual place of abode of the parent with return-receipt requested and restricted delivery to the addressee, which means a postal employee can only deliver the mail to the authorized addressee. Time of delivery shall be deemed to occur at 12 noon on the third day on which regular mail delivery takes place, subsequent to mailing. The information concerning the address of the parent shall be that which a reasonable and prudent person, under similar circumstances, would have relied upon as sufficient evidence that the parent resides at that address.&nbsp;</span></p> <p class="cls2"><span class="cls0">3.&nbsp;&nbsp;a.&nbsp;&nbsp;The parent who provides consent shall provide to the physician a copy of a government-issued proof of identification and written documentation that establishes that he or she is the lawful parent of the pregnant female. The parent shall certify in a signed, dated, notarized statement, initialed on each page, that he or she consents to the abortion. The signed, dated, and notarized statement shall include: "I certify that I, (insert name of parent), am the parent of (insert name of minor daughter) and give consent for (insert name of physician) to perform an abortion on my daughter. I understand that any person who knowingly makes a fraudulent statement in this regard commits a felony."&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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."&nbsp;</span></p> <p><span class="cls0">C. No request for written informed consent of one parent shall be required under this section if the attending physician certifies in the medical records of the pregnant unemancipated minor that a medical emergency exists; provided, however, that the attending physician or an agent shall, within twenty-four (24) hours after completion of the abortion, notify one of the parents of the minor in the manner provided in this section that an emergency abortion was performed on the minor and of the circumstances that warranted invocation of this subsection.&nbsp;</span></p> <p><span class="cls0">D. The attending physician, or the agent of the physician, shall verbally inform the parent of the minor within twenty-four (24) hours after the performance of a medical emergency abortion or an abortion that was performed to prevent her death that an abortion was performed on the unemancipated minor. The attending physician, or the agent of the attending physician, shall also inform the parent of the basis for the certification of the physician required under subsection C of this section. The attending physician, or the agent of the attending physician, shall also send a written notice of the 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.&nbsp;</span></p> <p><span class="cls0">E. The State Board of Health shall adopt the forms necessary for physicians to obtain the certifications required by this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 200, &sect; 12, emerg. eff. May 20, 2005. Amended by Laws 2006, c. 185, &sect; 18, eff. Nov. 1, 2006; Laws 2007, c. 161, &sect; 6, eff. Nov. 1, 2007; Laws 2009, c. 234, &sect; 152, emerg. eff. May 21, 2009; Laws 2013, c. 268, &sect; 1, eff. Nov. 1, 2013; Laws 2013, c. 320, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-740.2A. Evaluation and counseling session.&nbsp;</span></p> <p><span class="cls0">A. Prior to the court hearing for judicial waiver pursuant to Section 1-740.3 of Title 63 of the Oklahoma Statutes, the court may require the pregnant unemancipated minor to participate in an evaluation and counseling session with a mental health professional from the State Department of Health. Such evaluation shall be confidential and scheduled expeditiously.&nbsp;</span></p> <p><span class="cls0">B. Such evaluation and counseling session shall be for the purpose of developing trustworthy and reliable expert opinion concerning the pregnant unemancipated minor's sufficiency of knowledge, insight, judgment, and maturity with regard to her abortion decision in order to aid the court in its decision and to make the resources of the state available to the court for this purpose. Persons conducting such sessions may employ the information and printed materials referred to in Sections 1-738.2 and 1-738.3 of Title 63 of the Oklahoma Statutes in examining how well the pregnant unemancipated minor is informed about pregnancy, fetal development, abortion risks and consequences, and abortion alternatives, and should also endeavor to verify that the pregnant unemancipated minor is seeking an abortion of her own free will and is not acting under coercion, intimidation, threats, abuse, undue pressure, or extortion by any other persons.&nbsp;</span></p> <p><span class="cls0">C. The results of such evaluation and counseling shall be reported to the court by the most expeditious means, commensurate with security and confidentiality, to assure receipt by the court prior to a hearing on the petition of the pregnant unemancipated minor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 268, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-740.3. Judicial authorization prior to abortion - Court proceedings - Confidentiality - Appeal.&nbsp;</span></p> <p><span class="cls0">A. If a pregnant unemancipated minor elects not to allow the request for written informed consent of her parent, any judge of a district court in the county in which the pregnant unemancipated minor resides shall, upon petition or motion, and after an appropriate hearing, authorize a physician to perform the abortion if the judge determines, by clear and convincing evidence, that the pregnant unemancipated minor is mature and capable of giving informed consent to the proposed abortion based upon her experience level, perspective, and judgment. If the judge determines that the pregnant unemancipated minor is not mature, or if the pregnant unemancipated minor does not claim to be mature, the judge shall determine, by clear and convincing evidence, whether the performance of an abortion upon her without written informed consent of her parent would be in her best interest and shall authorize a physician to perform the abortion without written informed consent if the judge concludes that the best interests of the pregnant unemancipated minor would be served thereby.&nbsp;</span></p> <p><span class="cls0">In assessing the experience level of the pregnant unemancipated minor, the court may consider, among other relevant factors, the age of the pregnant unemancipated minor and experiences working outside the home, living away from home, traveling on her own, handling personal finances, and making other significant decisions. In assessing the perspective of the pregnant unemancipated minor, the court may consider, among other relevant factors, what steps the pregnant unemancipated minor took to explore her options and the extent to which she considered and weighed the potential consequences of each option. In assessing the judgment of the pregnant unemancipated minor, the court may consider, among other relevant factors, the conduct of the pregnant unemancipated minor since learning of her pregnancy and her intellectual ability to understand her options and to make an informed decision. In assessing whether, by clear and convincing evidence, obtaining the written informed consent of the parent of the pregnant unemancipated minor is not in her best interest, a court may not consider the potential financial impact on the pregnant unemancipated minor or the family of the pregnant unemancipated minor if she does not have an abortion.&nbsp;</span></p> <p><span class="cls0">B. A pregnant unemancipated minor may participate in proceedings in the court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall advise the pregnant unemancipated minor that she has a right to court-appointed counsel and, upon her request, shall provide her with counsel.&nbsp;</span></p> <p><span class="cls0">C. Proceedings in the court under this section shall be confidential and shall be given precedence over other pending matters so that the court may reach a decision promptly and without delay so as to serve the best interests of the pregnant unemancipated minor. A judge of the court who conducts proceedings under this section shall make, in writing, specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained, including the findings and conclusions of the court.&nbsp;</span></p> <p><span class="cls0">D. An expedited confidential appeal shall be available to any pregnant unemancipated minor for whom the court denies an order authorizing an abortion without written informed consent of one parent. An order authorizing an abortion without written informed consent of one parent shall not be subject to appeal. No filing fees shall be required of any pregnant unemancipated minor at either the trial or the appellate level. Access to the trial court for the purpose of a petition or motion, and access to the appellate courts for the purpose of making an appeal from the denial of same, shall be afforded a pregnant unemancipated minor twenty-four (24) hours a day, seven (7) days a week.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 200, &sect; 13, emerg. eff. May 20, 2005. Amended by Laws 2006, c. 185, &sect; 19, eff. Nov. 1, 2006; Laws 2007, c. 161, &sect; 7, eff. Nov. 1, 2007; Laws 2013, c. 268, &sect; 3, eff. Nov. 1, 2013; Laws 2013, c. 320, &sect; 3, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-740.4. Illegal abortion on unemancipated minor - Criminal and civil liability.&nbsp;</span></p> <p><span class="cls0">Performance of an abortion in knowing or reckless violation of Sections 1-740.1 through 1-740.5 of this title shall be a misdemeanor. Performance of an abortion in violation of Sections 1-740.1 through 1-740.5 of this title shall be grounds for actual and punitive damages in a civil action pursuant to Sections 1-738.3f through 1-738.3k of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 200, &sect; 14, emerg. eff. May 20, 2005. Amended by Laws 2006, c. 185, &sect; 20, eff. Nov. 1, 2006; Laws 2013, c. 320, &sect; 4, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-740.4a. Report of procedure - Contents - Submission - Late fee - Public report - Rules - Failure to post public report - Attorneys fees.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Age;&nbsp;</span></p> <p><span class="cls0">2. Educational level;&nbsp;</span></p> <p><span class="cls0">3. Number of previous pregnancies;&nbsp;</span></p> <p><span class="cls0">4. Number of previous live births;&nbsp;</span></p> <p><span class="cls0">5. Number of previous abortions;&nbsp;</span></p> <p><span class="cls0">6. Complications, if any, of the abortion being reported;&nbsp;</span></p> <p><span class="cls0">7. The city and county in which the abortion was performed;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;whether the minor was emancipated,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;whether the abortion was performed because of a medical emergency,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;whether the abortion was performed to prevent the death of the minor,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;whether the parent was notified after the performance of a medical emergency abortion, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;whether the parent was notified after the performance of an abortion to prevent the death of the minor;&nbsp;</span></p> <p><span class="cls0">10. Whether a judicial waiver was obtained after the performance of a medical emergency abortion; and&nbsp;</span></p> <p><span class="cls0">11. Whether a judicial waiver was obtained after the performance of an abortion to prevent the death of the minor.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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 &nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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. &nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The number in which the court appointed a guardian ad litem;&nbsp;</span></p> <p><span class="cls0">2. The number in which the court appointed counsel;&nbsp;</span></p> <p><span class="cls0">3. The number in which the judge issued an order authorizing an abortion without notification; and&nbsp;</span></p> <p><span class="cls0">4. The number in which the judge denied such an order, and of this:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the number of denials from which an appeal was filed,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the number of the appeals that resulted in the denial being affirmed, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the number of appeals that resulted in reversals of the denials.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 161, &sect; 8, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-740.4b. Unlawful acts - Defense - Civil action - Consent.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. A physician who intentionally or knowingly performs an abortion on a pregnant unemancipated minor in violation of this act commits a felony.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. It is not a defense to a claim brought pursuant to this section that the minor gave informed and voluntary consent.&nbsp;</span></p> <p><span class="cls0">F. An unemancipated minor does not have the capacity to consent to any action that violates this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 161, &sect; 9, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-740.5. Severability.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 200, &sect; 15, emerg. eff. May 20, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-740.6. Enjoinder, suspension, or delay of act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 161, &sect; 10, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-740.11. Nongovernmental entities providing alternatives-to-abortion services, funding - Annual reports - Contracts for services - Rules.&nbsp;</span></p> <p><span class="cls0">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. &nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The State Department of Health shall promulgate rules necessary to implement the provisions of this act.&nbsp;</span></p> <p><span class="cls0">E. As used in this section, &ldquo;alternatives-to-abortion services&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">The information, counseling and services provided under this program may include, but are not limited to:&nbsp;</span></p> <p><span class="cls0">1. Medical care;&nbsp;</span></p> <p><span class="cls0">2. Nutritional services;&nbsp;</span></p> <p><span class="cls0">3. Housing assistance;&nbsp;</span></p> <p><span class="cls0">4. Adoption services;&nbsp;</span></p> <p><span class="cls0">5. Educational and employment assistance, including services that support the continuation and completion of high school;&nbsp;</span></p> <p><span class="cls0">6. Child care assistance; and&nbsp;</span></p> <p><span class="cls0">7. Parenting education and support services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 21, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-740.12. Alternatives-to-Abortion Services Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the "Alternatives-to-Abortion Services Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health as provided in subsection A of Section 1-740.11 of this title. The fund shall not be available to any organization or affiliate of an organization which provides or promotes abortions or directly refers for abortion; provided, however, any nondirective counseling relating to the pregnancy shall not disqualify an organization from receiving these funds. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 185, &sect; 22, eff. Nov. 1, 2006. Amended by Laws 2012, c. 304, &sect; 485.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-740.13. Consent form.&nbsp;</span></p> <p><span class="cls0">A. A form created by the State Department of Health shall be used by physicians to obtain the consent required prior to performing an abortion on a minor who is not emancipated.&nbsp;</span></p> <p><span class="cls0">B. A form is not valid, and therefore consent is not sufficient, unless:&nbsp;</span></p> <p><span class="cls0">1. A parent or legal guardian initials each page of the form, indicating that he or she has read and understands the information included on that page;&nbsp;</span></p> <p><span class="cls0">2. A parent or legal guardian signs the last page of the form in front of a person who is a notary public;&nbsp;</span></p> <p><span class="cls0">3. The minor initials each list of risks and hazards listed in subsection C of this section;&nbsp;</span></p> <p><span class="cls0">4. The minor signs a consent statement described in subsection C of this section; and&nbsp;</span></p> <p><span class="cls0">5. The physician signs the declaration described in subsection C of this section.&nbsp;</span></p> <p><span class="cls0">C. The form shall include, but not be limited to, the following:&nbsp;</span></p> <p><span class="cls0">1. A description of the minor's rights, including her right to informed consent;&nbsp;</span></p> <p><span class="cls0">2. A description of the parent or legal guardian's rights pursuant to Oklahoma law;&nbsp;</span></p> <p><span class="cls0">3. A detailed description of the surgical and medical procedures that are planned to be performed on the minor;&nbsp;</span></p> <p><span class="cls0">4. A detailed list of the risks and hazards related to the surgical and medical procedures planned for the minor, including but not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;risks and hazards that may occur in connection with any surgical, medical, or diagnostic procedure, including but not limited to infection, blood clots in veins and lungs, hemorrhage, allergic reactions, and death,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;risks and hazards that may occur with surgical abortion, including but not limited to hemorrhage, uterine perforation, sterility, injuries to the bowel and bladder, hysterectomy as a result of complication or injury during the procedure, and failure to remove all products of conception that may result in an additional procedure,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;risks and hazards that may occur with a medical or nonsurgical abortion, including but not limited to hemorrhage, failure to remove all products of conception that may result in an additional procedure, sterility, and possible continuation of pregnancy, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;risks and hazards of the particular procedure planned for the minor, including but not limited to cramping of the uterus, pelvic pain, infection of the uterus, tubes, and ovaries, cervical laceration, incompetent cervix, and emergency treatment for any of the above named complications;&nbsp;</span></p> <p><span class="cls0">5. A description of additional information that must be provided by the physician to the minor pursuant to the provisions of Section 1-730 et seq. of this title;&nbsp;</span></p> <p><span class="cls0">6. A consent statement which must be signed by the minor. The consent statement must include, but not be limited to, the following requirements, which must each be individually initialed by the minor:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;that the minor understands that the doctor is going to perform an abortion on her which will end her pregnancy and result in the death of her unborn child,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;that the minor is not being forced to have an abortion and that she has the choice not to have the abortion and may withdraw consent prior to the abortion,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;that the minor gives permission for the procedure,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;that the minor understands that there are risks and hazards that could affect the minor if she has the surgical or medical procedures planned for her,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;that the minor has been given the opportunity to ask questions about her condition, alternative forms of treatment, risks of not receiving treatment, the procedures to be used, and the risks and hazards involved,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;that the minor has been given information required by Section 1-730 et seq. of this title, and&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;that the minor has sufficient information to give informed consent;&nbsp;</span></p> <p><span class="cls0">7. A physician declaration, which must be signed by the physician, stating that the physician or his or her assistant has explained the procedure and the contents of this form to the minor and her parent or legal guardian, as required, and has answered all questions. Further, to the best of the physician's knowledge, the patient and her parent or legal guardian have been adequately informed and have consented to the procedure;&nbsp;</span></p> <p><span class="cls0">8. A parental consent statement stating that the signing parent or legal guardian:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;understands that the doctor signing the physician declaration is going to perform an abortion on the minor which will end her pregnancy and result in the death of her unborn child,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;that the parent or legal guardian had the opportunity to read this form or have it read to him or her and has initialed each page,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;that the parent or legal guardian had the opportunity to ask questions to the physician or the physician's assistant about the information in this form and the surgical and medical procedures to be performed on the minor,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;that the parent or legal guardian believes he or she has sufficient information to give informed consent, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;that by the parent or legal guardian's signature, the parent or legal guardian affirms that he or she is the minor's parent or legal guardian;&nbsp;</span></p> <p><span class="cls0">9. A page for the parent or legal guardian's signature that must be notarized by a notary public; and&nbsp;</span></p> <p><span class="cls0">10. Any additional information that must be provided pursuant to applicable laws of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 268, &sect; 4, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-740.14. Injunctions or restraining orders &ndash; Enforcement of provisions.&nbsp;</span></p> <p><span class="cls0">If some or all of the provisions of Sections 1-740.2 and 1-740.3 of Title 63 of the Oklahoma Statutes, as amended by Sections 1 and 3 of this act, are ever temporarily or permanently restrained or enjoined by judicial order, these sections shall be enforced as though such restrained or enjoined provisions had not been adopted; provided, however, that whenever such temporary or permanent restraining order or injunction is stayed or dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 268, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631741. Abortions Refusal to perform or participate Exemptions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1978, c. 158, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 161, &sect; 11, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-741.2. Repealed by Laws 2011, c. 92, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-741.3. Patient Protection and Affordable Care Act - Qualified insurance plans - Elective abortion prohibited.&nbsp;</span></p> <p><span class="cls0">A. Pursuant to the Patient Protection and Affordable Care Act, P.L. 111-148, all qualified health plans offered through an Exchange established in the state are prohibited from including elective abortion coverage. Nothing in this section shall be construed as preventing anyone from purchasing optional supplemental coverage for elective abortions for which there must be paid a separate premium in accordance with subsection D of this section in the health insurance market outside of the Exchange.&nbsp;</span></p> <p><span class="cls0">B. No health plan, including health insurance contracts, plans or policies, offered outside of an Exchange, but within the state, shall provide coverage for elective abortions except by optional separate supplemental coverage for abortion for which there must be paid a separate premium in accordance with subsection D of this section.&nbsp;</span></p> <p><span class="cls0">C. For purposes of this section, &ldquo;elective abortion&rdquo; means an abortion for any reason other than to prevent the death of the mother upon whom the abortion is performed; provided, however, that an abortion may not be deemed one to prevent the death of the mother based on a claim or diagnosis that she will engage in conduct which will result in her death.&nbsp;</span></p> <p><span class="cls0">D. The issuer of any health plan providing elective abortion coverage shall:&nbsp;</span></p> <p><span class="cls0">1. Calculate the premium for such coverage so that it fully covers the estimated cost of covering elective abortions per enrollee as determined on an average actuarial basis. In calculating such premium, the issuer of the plan shall not take into account any cost reduction in any health plan covering an enrollee estimated to result from the provision of abortion coverage, including prenatal care, delivery or postnatal care;&nbsp;</span></p> <p><span class="cls0">2. If the enrollee is enrolling in a health plan providing any other coverage at the same time as the enrollee is enrolling in a plan providing elective abortion coverage, require a separate signature, distinct from that to enroll in the health plan providing other coverage, in order to enroll in the separate supplemental plan providing elective abortion coverage; and&nbsp;</span></p> <p><span class="cls0">3. Provide a notice to enrollees at the time of enrollment that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;specifically states the cost of the separate premium for coverage of elective abortions distinct and apart from the cost of the premium for any health plan providing any other coverage in any health plan covering an enrollee,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;states that enrollment in elective abortion coverage is optional, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;if the enrollee is enrolling in a health plan providing any other coverage at the same time as the enrollee is enrolling in a plan providing elective abortion coverage, states that the enrollee may choose to enroll in the plan providing other coverage without enrolling in the plan providing elective abortion coverage.&nbsp;</span></p> <p><span class="cls0">E. The issuer of any health plan providing any coverage other than elective abortion shall not discount or reduce the premium for such coverage on the basis that an enrollee has elective abortion coverage.&nbsp;</span></p> <p><span class="cls0">F. Any employer who offers employees a health plan providing elective abortion coverage shall, at the time of beginning employment and at least once in each calendar year thereafter, provide each employee the option to choose or reject the separate supplemental elective abortion coverage.&nbsp;</span></p> <p><span class="cls0">G. Any entity offering a group health plan providing separate supplemental elective abortion coverage, other than employers offering such a plan to their employees, shall, at the time each group member begins coverage and at least once in each calendar year thereafter, provide each group member the option to choose or reject the separate supplemental elective abortion coverage.&nbsp;</span></p> <p><span class="cls0">H. Nothing in this section shall be construed to apply in circumstances in which federal law preempts state health insurance regulation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 92, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-741.11. Repealed by Laws 2010, c. 171, &sect; 2, emerg. eff. April 27, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-741.12. Wrongful life or wrongful birth action - Damages.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. For the purposes of this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Abortion&rdquo; means the term as is defined in Section 1-730 of Title 63 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Wrongful life action&rdquo; 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&rsquo;s birth, and which is based on a claim that a person&rsquo;s act or omission contributed to the mother&rsquo;s not having obtained an abortion; and&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Wrongful birth action&rdquo; 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&rsquo;s birth, and which is based on a claim that a person&rsquo;s act or omission contributed to the mother&rsquo;s not having obtained an abortion.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s birth if the claim is that the defendant&rsquo;s act or omission contributed to the mother&rsquo;s not having obtained an abortion.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 171, &sect; 1, emerg. eff. April 27, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-742. Payment for securing or soliciting patients for hospital or other entity - Penalties - Construction of act - Exceptions.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">2. In addition to any other penalties or remedies provided by law:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the state agency licensing, certifying or registering such professional or provider may institute an action to enjoin violation or potential violation of this section.&nbsp;</span></p> <p><span class="cls0">B. This section shall not be construed to prohibit:&nbsp;</span></p> <p><span class="cls0">1. Advertising, except that advertising which:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;is false, misleading or deceptive,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;advertises professional superiority or the performance of a professional service in a superior manner, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;is not readily subject to verification;&nbsp;</span></p> <p><span class="cls0">2. Remuneration for advertising, marketing or other services that are provided for the purpose of securing or soliciting patients, provided the remuneration is:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;set in advance,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;consistent with the fair market value of the services, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;not based on the volume or value of any patient referrals or business otherwise generated between the parties; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. For purposes of this section:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 165, &sect; 3, eff. Sept. 1, 1993. Amended by Laws 1998, c. 344, &sect; 2, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-743. Advertisement of mammography services - Disclosure of cost - Penalty.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 165, &sect; 4, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-744. Short title - Parental Notification for Abortion Act.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Parental Notification for Abortion Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 320, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-744.1. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Parental Notification for Abortion Act:&nbsp;</span></p> <p><span class="cls0">1. "Parent" means one parent of the pregnant minor, or the guardian or conservator if the pregnant female has one;&nbsp;</span></p> <p><span class="cls0">2. "Abortion" means the use of any means intentionally to terminate the pregnancy of a female known to be pregnant with knowledge that the termination with those means will, with reasonable likelihood, cause the death of the fetus;&nbsp;</span></p> <p><span class="cls0">3. "Fetus" means any individual human organism from fertilization to birth;&nbsp;</span></p> <p><span class="cls0">4. "Medical emergency" means the existence of any physical condition, not including any emotional, psychological, or mental condition, which a reasonably prudent physician would determine necessitates the immediate abortion of the female's pregnancy to avert her death or to avert substantial and irreversible impairment of a major bodily function arising from continued pregnancy;&nbsp;</span></p> <p><span class="cls0">5. "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved; and&nbsp;</span></p> <p><span class="cls0">6. "Physician" means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 320, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-744.2. Notice &ndash; Waiting period.&nbsp;</span></p> <p><span class="cls0">No abortion shall be performed or induced upon an unemancipated minor or upon a female for whom a guardian or conservator has been appointed pursuant to the Oklahoma Guardianship and Conservatorship Act because of a finding of incompetency, until at least forty-eight (48) hours after written notice of the pending abortion has been delivered in the manner specified in Sections 7 through 9 of this act to one of the parents of the minor upon whom the abortion is contemplated or to the guardian or conservator of the female upon whom the abortion is contemplated.&nbsp;</span></p> <p><span class="cls0">1. The notice shall be addressed to the parent at the usual place of abode of the parent and delivered personally to the parent by the physician or an agent.&nbsp;</span></p> <p><span class="cls0">2. In lieu of the delivery required by paragraph 1 of this section, notice shall be made by certified mail addressed to the parent at the usual place of abode of the parent with return receipt requested and restricted delivery to the addressee, which means a postal employee can deliver the mail only to the authorized addressee. Time of delivery shall be deemed to occur at noon on the third day on which regular mail delivery takes place, subsequent to mailing. The information concerning the address of the parent shall be that which a reasonable and prudent person, under similar circumstances, would have relied upon as sufficient evidence that the parent resides at that address.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 320, &sect; 6, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-744.3. Medical emergency &ndash; Notice requirement.&nbsp;</span></p> <p><span class="cls0">Immediate notice shall not be required if the attending physician certifies in the pregnant female's record that, in reasonable medical judgment, a medical emergency exists and there is insufficient time to provide the prior notification required by Section 6 of this act. The attending physician or the physician's agent shall verbally inform the parent within twenty-four (24) hours after the performance of a medical emergency abortion, that a medical emergency abortion was performed on the unemancipated minor or on the female for whom a guardian or conservator has been appointed and shall also send a written notice within twenty-four (24) hours after the performance of a medical emergency abortion to the last-known address of the parent, of the performed medical emergency abortion. The written notice shall follow the requirements in paragraph 2 of Section 6 of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 320, &sect; 7, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-744.4. Exceptions to notice requirement.&nbsp;</span></p> <p><span class="cls0">No notice shall be required under this act if:&nbsp;</span></p> <p><span class="cls0">1. The person who is entitled to notice states in notarized writing that he or she has been notified and the statement is placed in the female's medical record; or&nbsp;</span></p> <p><span class="cls0">2. The pregnant female declares that she is a victim of sexual or physical abuse by her parent as defined in Section 1111 et seq. of Title 21 of the Oklahoma Statutes and the attending physician has notified child abuse authorities about the alleged parental sexual or physical abuse. In such circumstances, the physician shall notify child abuse authorities of the name and address of the abusing parent so that they can investigate. The child abuse authorities shall maintain the confidentiality of the fact that the minor has sought or obtained an abortion and shall take all necessary steps to ensure that this information is not revealed to the female's parents or guardians.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 320, &sect; 8, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-744.5. Criminal and civil liability.&nbsp;</span></p> <p><span class="cls0">Performance of an abortion in knowing or reckless violation of this act shall be a misdemeanor. Performance of an abortion in violation of this act shall be grounds for a civil action pursuant to Sections 1-738.3f through 1-738.3k of Title 63 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 320, &sect; 9, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-744.6. Injunction or restraining orders &ndash; Enforcement of provisions.&nbsp;</span></p> <p><span class="cls0">If some or all of the provisions of Sections 1-740.2, 1-740.3 and 1-740.4 of Title 63 of the Oklahoma Statutes, as amended by Sections 2, 3 and 4 of this act, are ever temporarily or permanently restrained or enjoined by judicial order, these sections shall be enforced as though such restrained or enjoined provisions had not been adopted; provided, however, that whenever such temporary or permanent restraining order or injunction is stayed or dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 320, &sect; 10, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.1. Pain-Capable Unborn Child Protection Act.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Pain-Capable Unborn Child Protection Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 89, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Pain-Capable Unborn Child Protection Act only:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Abortion&rdquo; means the use or prescription of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Attempt to perform or induce an abortion&rdquo; means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of the Pain-Capable Unborn Child Protection Act;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Postfertilization age&rdquo; means the age of the unborn child as calculated from the fertilization of the human ovum;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Fertilization&rdquo; means the fusion of a human spermatozoon with a human ovum;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Medical emergency&rdquo; means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy without first determining postfertilization age to avert her death or for which the delay necessary to determine postfertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Reasonable medical judgment&rdquo; means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Physician&rdquo; means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Probable postfertilization age of the unborn child&rdquo; means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Unborn child&rdquo; or &ldquo;fetus&rdquo; each means an individual organism of the species homo sapiens from fertilization until live birth; and&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Woman&rdquo; means a female human being whether or not she has reached the age of majority.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 89, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.3. Legislative findings.&nbsp;</span></p> <p><span class="cls0">The Legislature of the State of Oklahoma finds that:&nbsp;</span></p> <p><span class="cls0">1. Pain receptors (nociceptors) are present throughout the unborn child&rsquo;s entire body by no later than sixteen (16) weeks after fertilization and nerves link these receptors to the brain&rsquo;s thalamus and subcortical plate by no later than twenty (20) weeks;&nbsp;</span></p> <p><span class="cls0">2. By eight (8) weeks after fertilization, the unborn child reacts to touch. After twenty (20) weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example by recoiling;&nbsp;</span></p> <p><span class="cls0">3. In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response;&nbsp;</span></p> <p><span class="cls0">4. Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life;&nbsp;</span></p> <p><span class="cls0">5. For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia;&nbsp;</span></p> <p><span class="cls0">6. The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than twenty (20) weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain;&nbsp;</span></p> <p><span class="cls0">7. Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain;&nbsp;</span></p> <p><span class="cls0">8. In adults, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does;&nbsp;</span></p> <p><span class="cls0">9. Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing;&nbsp;</span></p> <p><span class="cls0">10. The position, asserted by some, that the unborn child remains in a coma-like sleep state that precludes the unborn child from experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from thrashing about in reaction to invasive surgery;&nbsp;</span></p> <p><span class="cls0">11. Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by twenty (20) weeks after fertilization;&nbsp;</span></p> <p><span class="cls0">12. It is the purpose of the State of Oklahoma to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain; and&nbsp;</span></p> <p><span class="cls0">13. Oklahoma&rsquo;s compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of Oklahoma&rsquo;s compelling state interest in protecting the lives of unborn children from the stage of viability, and neither state interest is intended to replace the other.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 89, &sect; 3, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.4. Abortion requirements &ndash; Determination of probable postfertilization age of unborn child.&nbsp;</span></p> <p><span class="cls0">A. Except in the case of a medical emergency, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to postfertilization age.&nbsp;</span></p> <p><span class="cls0">B. Knowing or reckless failure by any physician to conform to any requirement of this section constitutes &ldquo;unprofessional conduct&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 89, &sect; 4, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.5. Abortions prohibited when probable postfertilization age of unborn child is 20 or more weeks &ndash; Exceptions &ndash; Procedure for abortion.&nbsp;</span></p> <p><span class="cls0">A. No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies, that the probable postfertilization age of the woman&rsquo;s unborn child is twenty (20) or more weeks, unless, in reasonable medical judgment, she has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No such condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.&nbsp;</span></p> <p><span class="cls0">B. When an abortion upon a woman whose unborn child has been determined to have a probable postfertilization age of twenty (20) or more weeks is not prohibited by this section, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the woman than would other available methods. No such greater risk shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 89, &sect; 5, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.6. Abortion &ndash; Report to State Department of Health &ndash; Public statistical report &ndash; Late fee.&nbsp;</span></p> <p><span class="cls0">A. Any physician who performs or induces or attempts to perform or induce an abortion shall report to the State Department of Health, on a schedule and in accordance with forms and rules and regulations adopted and promulgated by the State Board of Health that include:&nbsp;</span></p> <p><span class="cls0">1. If a determination of probable postfertilization age was made, the probable postfertilization age determined and the method and basis of the determination;&nbsp;</span></p> <p><span class="cls0">2. If a determination of probable postfertilization age was not made, the basis of the determination that a medical emergency existed;&nbsp;</span></p> <p><span class="cls0">3. If the probable postfertilization age was determined to be twenty (20) or more weeks, the basis of the determination that the pregnant woman had a condition which so complicated her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions; and&nbsp;</span></p> <p><span class="cls0">4. The method used for the abortion and, in the case of an abortion performed when the probable postfertilization age was determined to be twenty (20) or more weeks:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;whether the method used was one that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;if such a method was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the woman than would other available methods.&nbsp;</span></p> <p><span class="cls0">B. By June 30 of each year, the State Department of Health shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this section for each of the items listed in subsection A of this section. Each such report shall also provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports. The State Department of Health shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted.&nbsp;</span></p> <p><span class="cls0">C. Any physician who fails to submit a report by the end of thirty (30) days following the due date shall be subject to a late fee of Five Hundred Dollars ($500.00) for each additional thirty-day period or portion of a thirty-day period the report is overdue. Any physician required to report in accordance with this act who has not submitted a report, or has submitted only an incomplete report, more than one (1) year following the due date, may, in an action brought by the State Department of Health or by the State Board of Medical Licensure and Supervision, be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to civil contempt. Knowing or reckless failure by any physician to conform to any requirement of this section, other than late filing of a report, constitutes &ldquo;unprofessional conduct&rdquo; pursuant to Section 509 of Title 59 of the Oklahoma Statutes. Knowing or reckless failure by any physician to submit a complete report in accordance with a court order constitutes &ldquo;unprofessional conduct&rdquo; pursuant to Section 509 of Title 59 of the Oklahoma Statutes. Knowing or reckless falsification of any report required under this section is a misdemeanor.&nbsp;</span></p> <p><span class="cls0">D. By February 1, 2012, the State Board of Health shall adopt and promulgate rules and regulations to assist in compliance with this section. Subsection A of this section shall take effect so as to require reports regarding all abortions performed or induced on and after the first day of the first calendar month following the effective date of such rules.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 89, &sect; 6, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.7. Violations of act.&nbsp;</span></p> <p><span class="cls0">Any person who knowingly or recklessly performs or induces or attempts to perform or induce an abortion in violation of the Pain-Capable Unborn Child Protection Act shall be guilty of a felony. No penalty may be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 89, &sect; 7, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.8. Suits upon violation of act &ndash; Injunctive relief &ndash; Attorney fees.&nbsp;</span></p> <p><span class="cls0">A. Any woman upon whom an abortion has been performed in violation of the Pain-Capable Unborn Child Protection Act, or the father of the unborn child who was the subject of such an abortion, may maintain an action against the person who performed or induced the abortion in knowing or reckless violation of the Pain-Capable Unborn Child Protection Act for actual and punitive damages. Any woman upon whom an abortion has been attempted in violation of the Pain-Capable Unborn Child Protection Act may maintain an action against the person who attempted to perform or induce the abortion in knowing or reckless violation of the Pain-Capable Unborn Child Protection Act for actual and punitive damages.&nbsp;</span></p> <p><span class="cls0">B. A cause of action for injunctive relief against any person who has knowingly or recklessly violated the Pain-Capable Unborn Child Protection Act may be maintained by the woman upon whom an abortion was performed or induced or attempted to be performed or induced in violation of the Pain-Capable Unborn Child Protection Act; by any person who is the spouse, parent, sibling or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or induced or attempted to be performed or induced in violation of the Pain-Capable Unborn Child Protection Act; by a district attorney with appropriate jurisdiction; or by the Attorney General. The injunction shall prevent the abortion provider from performing or inducing or attempting to perform or induce further abortions in violation of the Pain-Capable Unborn Child Protection Act in the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">C. If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for a reasonable attorney fee in favor of the plaintiff against the defendant.&nbsp;</span></p> <p><span class="cls0">D. If judgment is rendered in favor of the defendant and the court finds that the plaintiff&rsquo;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.&nbsp;</span></p> <p><span class="cls0">E. No damages or attorney fee may be assessed against the woman upon whom an abortion was performed or attempted to be performed except in accordance with subsection D of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 89, &sect; 8, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.9. Public disclosure of woman&rsquo;s identity whom an abortion was performed on.&nbsp;</span></p> <p><span class="cls0">In every civil or criminal proceeding or action brought under the Pain-Capable Unborn Child Protection Act, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced, anyone, other than a public official, who brings an action under subsections A or B of Section 8 of this act shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 89, &sect; 9, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.10. Severability.&nbsp;</span></p> <p><span class="cls0">A. If any one or more provisions, sections, subsections, sentences, clauses, phrases or words of the Pain-Capable Unborn Child Protection Act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of the Pain-Capable Unborn Child Protection Act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed the Pain-Capable Unborn Child Protection Act, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, sentences, clauses, phrases, or words of the Pain-Capable Unborn Child Protection Act, or the application of the Pain-Capable Unborn Child Protection Act, would be declared unconstitutional.&nbsp;</span></p> <p><span class="cls0">B. The Pain-Capable Unborn Child Protection Act shall not be construed to repeal, by implication or otherwise, Section 1-732 of Title 63 of the Oklahoma Statutes, or any otherwise applicable provision of Oklahoma&rsquo;s laws regulating or restricting abortion. An abortion that complies with this act but violates the provisions of Section 1-732 of Title 63 of the Oklahoma Statutes, or any otherwise applicable provision of Oklahoma&rsquo;s laws shall be deemed unlawful as provided in such provision. An abortion that complies with the provisions of Section 1-732 of Title 63 of the Oklahoma Statutes, or any otherwise applicable provision of Oklahoma&rsquo;s laws regulating or restricting abortion but violates this act shall be deemed unlawful as provided in this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 89, &sect; 10, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.11. Construction of act.&nbsp;</span></p> <p><span class="cls0">Nothing in the Pain-Capable Unborn Child Protection Act shall be construed as creating or recognizing a right to abortion.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 89, &sect; 11, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.12. Heartbeat Informed Consent Act.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Heartbeat Informed Consent Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 159, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.13. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Heartbeat Informed Consent Act:&nbsp;</span></p> <p><span class="cls0">1. "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device to cause the premature termination of the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child;&nbsp;</span></p> <p><span class="cls0">2. "Abortion provider" means any person legally qualified to perform an abortion under state law;&nbsp;</span></p> <p><span class="cls0">3. "Embryonic or fetal heartbeat" means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the embryonic or fetal heart;&nbsp;</span></p> <p><span class="cls0">4. "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy to avert her death or for which the delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;&nbsp;</span></p> <p><span class="cls0">5. "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician;&nbsp;</span></p> <p><span class="cls0">6. "Unborn child" means a member of the species Homo sapiens from fertilization until live birth; and&nbsp;</span></p> <p><span class="cls0">7. "Woman" means a female human being, whether or not she has reached the age of majority.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 159, &sect; 3, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.14. Making heartbeat audible before abortion.&nbsp;</span></p> <p><span class="cls0">A. Any abortion provider who knowingly performs or induces any abortion shall comply with the requirements of the Heartbeat Informed Consent Act.&nbsp;</span></p> <p><span class="cls0">B. Prior to a woman giving informed consent to having any part of an abortion performed or induced, if the pregnancy is at least eight (8) weeks after fertilization, the abortion provider who is to perform or induce the abortion or an agent of the abortion provider shall tell the woman that it may be possible to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear and ask the woman if she would like to hear the heartbeat. If the woman would like to hear the heartbeat, the abortion provider shall, using a Doppler fetal heart rate monitor, make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear. An abortion provider or an agent of the abortion provider shall not be in violation of the requirements of this subsection if:&nbsp;</span></p> <p><span class="cls0">1. The provider or agent has attempted, consistent with standard medical practice, to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear using a Doppler fetal heart rate monitor;&nbsp;</span></p> <p><span class="cls0">2. That attempt does not result in the heartbeat being made audible; and&nbsp;</span></p> <p><span class="cls0">3. The provider has offered to attempt to make the heartbeat audible at a subsequent date.&nbsp;</span></p> <p><span class="cls0">C. Nothing in this section shall be construed to prevent the pregnant woman from not listening to the sounds detected by the Doppler fetal heart rate monitor pursuant to the requirements of subsection B of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 159, &sect; 4, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.15. Application of act.&nbsp;</span></p> <p><span class="cls0">A. The provisions of Section 4 of this act shall not apply to an abortion provider in the case that the abortion is necessary to avert the mother's death or in the case of a medical emergency.&nbsp;</span></p> <p><span class="cls0">B. Upon a determination by an abortion provider under subsection A of this section that an abortion is necessary to avert the death of the mother or that there is a medical emergency, such provider shall certify the specific medical conditions that support such determination and include such certification in the medical file of the pregnant woman.&nbsp;</span></p> <p><span class="cls0">C. An abortion provider who knowingly or recklessly falsifies a certification made pursuant to subsection B of this section shall be deemed to have knowingly or recklessly failed to comply with this act for purposes of Section 6 of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 159, &sect; 5, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.16. Violations of act - Penalties - Civil actions.&nbsp;</span></p> <p><span class="cls0">A. Any person who intentionally or recklessly performs or induces an abortion in violation of the Heartbeat Informed Consent Act shall be guilty of a misdemeanor. No penalty shall be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced.&nbsp;</span></p> <p><span class="cls0">B. Any woman upon whom an abortion has been performed or induced in violation of this act, or the father of the unborn child who was the subject of such an abortion, may maintain an action against the person who performed or induced the abortion in intentional or reckless violation of this act for actual and punitive damages. Any woman upon whom an abortion has been attempted in violation of this act may maintain an action against the person who attempted to perform or induce the abortion in an intentional or reckless violation of this act for actual and punitive damages.&nbsp;</span></p> <p><span class="cls0">C. A cause of action for injunctive relief against any person who has intentionally or recklessly violated this act may be maintained by the woman upon whom an abortion was performed or induced in violation of this act; by any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or induced in violation of this act; by a district attorney with appropriate jurisdiction; or by the Attorney General. The injunction shall prevent the abortion provider from performing or inducing further abortions in violation of this act in the state.&nbsp;</span></p> <p><span class="cls0">D. If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for a reasonable attorney fee in favor of the plaintiff against the defendant.&nbsp;</span></p> <p><span class="cls0">E. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney fee in favor of the defendant against the plaintiff.&nbsp;</span></p> <p><span class="cls0">F. No damages or attorney fee may be assessed against the woman upon whom an abortion was performed or attempted to be performed or induced except in accordance with subsection E of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 159, &sect; 6, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.17. Public disclosure of identity.&nbsp;</span></p> <p><span class="cls0">In every civil or criminal proceeding or action brought under the Heartbeat Informed Consent Act, the court shall rule whether the identity of any woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her identity should be preserved from public disclosure, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Such an order shall be accompanied by specific written findings explaining why the identity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced, anyone, other than a public official, who brings an action under Section 6 of this act shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 159, &sect; 7, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.18. Interpretation of statute.&nbsp;</span></p> <p><span class="cls0">Nothing in the Heartbeat Informed Consent Act shall be construed as creating or recognizing a right to abortion.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 159, &sect; 8, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-745.19. Severability of act.&nbsp;</span></p> <p><span class="cls0">If any one or more provision, section, subsection, sentence, clause, phrase, or word of this act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this act shall remain effective notwithstanding such unconstitutionality. The Oklahoma Legislature hereby declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 159, &sect; 9, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-747.1. Short title - Prioritization of Public Funding in the Purchasing of Family Planning and Counseling Services Act.&nbsp;</span></p> <p><span class="cls0">This act shall be known as the "Prioritization of Public Funding in the Purchasing of Family Planning and Counseling Services Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 385, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-747.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Prioritization of Public Funding in the Purchasing of Family Planning and Counseling Services Act:&nbsp;</span></p> <p><span class="cls0">1. "Public funds" means state funds from whatever source, including without limitation state general revenue funds, state special account and limited purpose grants and/or loans, and federal funds provided under Title V (42 U.S.C., Section 701 et seq.), Title X (42 U.S.C., Section 300 et seq.), Title XIX (42 U.S.C., Section 1396 et seq.), Title XX (42 U.S.C., Section 1397 et seq.) and Title X (42 U.S.C., Section 1786 et seq.);&nbsp;</span></p> <p><span class="cls0">2. "Federally qualified health center" means a health care provider that is eligible for federal funding under 42 U.S.C., Section 1396d(1)(2)(B);&nbsp;</span></p> <p><span class="cls0">3. "Rural health clinic" means a health care provider that is eligible for federal funding under 42 U.S.C., Section 1395x(aa)(2);&nbsp;</span></p> <p><span class="cls0">4. "Hospital" means a primary or tertiary care facility licensed as a hospital under the laws of this state; and&nbsp;</span></p> <p><span class="cls0">5. "Department" means the Oklahoma Health Care Authority or the State Department of Health.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 385, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-747.3. Order of priority.&nbsp;</span></p> <p><span class="cls0">Subject to any applicable requirements of federal statutes, rules, regulations or guidelines, any expenditures or grants of public funds for family planning or counseling services by the State of Oklahoma, by and through the Department shall be made in the following order of priority:&nbsp;</span></p> <p><span class="cls0">1. To public entities;&nbsp;</span></p> <p><span class="cls0">2. To nonpublic hospitals, federally qualified health centers, and rural health clinics; and&nbsp;</span></p> <p><span class="cls0">3. To nonpublic health providers that have as their primary purpose the provision of the primary health care services enumerated in 42 U.S.C., Section 254b(a)(1).&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 385, &sect; 3, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-747.4. Cause of action.&nbsp;</span></p> <p><span class="cls0">A cause of action in law or equity for recoupment, declaratory or injunctive relief against any person who has intentionally violated the Prioritization of Public Funding in the Purchasing of Family Planning and Counseling Services Act may be maintained by a district attorney with appropriate jurisdiction, or by the Attorney General.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 385, &sect; 4, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-747.5. Severability.&nbsp;</span></p> <p><span class="cls0">If any one or more provisions, sections, subsections, sentences, clauses, phrases or words of this act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of the Prioritization of Public Funding in the Purchasing of Family Planning and Counseling Services Act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, sentences, clauses, phrases or words of the act, or the application of the act, would be declared unconstitutional.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 385, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-818.1. Renumbered as &sect; 1430.1 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.2. Renumbered as &sect; 1430.2 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.3. Renumbered as &sect; 1430.3 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.4. Renumbered as &sect; 1430.4 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.5. Renumbered as &sect; 1430.5 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.6. Renumbered as &sect; 1430.6 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.7. Renumbered as &sect; 1430.7 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.8. Renumbered as &sect; 1430.8 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.9. Renumbered as &sect; 1430.9 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.10. Renumbered as &sect; 1430.10 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.11. Renumbered as &sect; 1430.11 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.12. Renumbered as &sect; 1430.12 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.13. Renumbered as &sect; 1430.13 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.14. Renumbered as &sect; 1430.14 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.15. Renumbered as &sect; 1430.15 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.16. Renumbered as &sect; 1430.16 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.17. Renumbered as &sect; 1430.17 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.18. Renumbered as &sect; 1430.18 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.19. Renumbered as &sect; 1430.19 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.20. Renumbered as &sect; 1430.20 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.21. Renumbered as &sect; 1430.21 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.22. Renumbered as &sect; 1430.22 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.23. Renumbered as &sect; 1430.23 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.24. Renumbered as &sect; 1430.24 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.25. Renumbered as &sect; 1430.25 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.26. Renumbered as &sect; 1430.26 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.27. Renumbered as &sect; 1430.27 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.28. Renumbered as &sect; 1430.28 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.29. Renumbered as &sect; 1430.29 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.30. Renumbered as &sect; 1430.30 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.31. Renumbered as &sect; 1430.31 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.32. Renumbered as &sect; 1430.32 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.33. Renumbered as &sect; 1430.33 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.34. Renumbered as &sect; 1430.34 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.35. Renumbered as &sect; 1430.35 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.36. Renumbered as &sect; 1430.36 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.37. Renumbered as &sect; 1430.37 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.38. Renumbered as &sect; 1430.38 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.39. Renumbered as &sect; 1430.39 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.40. Renumbered as &sect; 1430.40 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-818.41. Renumbered as &sect; 1430.41 of Title 10 by Laws 1996, c. 354, &sect; 56, eff. Nov. 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;631819. Residential Care Act.&nbsp;</span></p> <p><span class="cls0">Sections 1820 through 1840 of this act shall be known and may be cited as the "Residential Care Act".&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1984, c. 128, &sect; 1, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 1, emerg. eff. May 20, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-820. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Residential Care Act:&nbsp;</span></p> <p><span class="cls0">1. "Abuse" means the willful infliction of injury, unreasonable confinement, intimidation or punishment, with resulting physical harm, impairment or mental anguish;&nbsp;</span></p> <p><span class="cls0">2. "Access" means the right of a person to enter a home to communicate privately and without unreasonable restriction;&nbsp;</span></p> <p><span class="cls0">3. "Administrator" means the person who is in charge of a home and who devotes at least one-third (1/3) of his or her full working time to on-the-job supervision of the home;&nbsp;</span></p> <p><span class="cls0">4. "Adult companion home" means any home or establishment, funded and certified by the Department of Human Services, which provides homelike residential accommodations and supportive assistance to three or fewer developmentally disabled adults;&nbsp;</span></p> <p><span class="cls0">5. "Advisory Board" means the Long-Term Care Facility Advisory Board;&nbsp;</span></p> <p><span class="cls0">6. "Ambulatory" means any resident who is capable of self-movement, including in and out of wheelchairs, to all areas of the home;&nbsp;</span></p> <p><span class="cls0">7. "Board" means the State Board of Health;&nbsp;</span></p> <p><span class="cls0">8. "Commissioner" means the State Commissioner of Health;&nbsp;</span></p> <p><span class="cls0">9. "Department" means the State Department of Health;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">11. "Home" means a residential care home;&nbsp;</span></p> <p><span class="cls0">12. "Residential care home":&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;an adult companion home,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;a group home,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;a hotel,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;a motel,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;a residential mental health facility operated by the Department of Mental Health and Substance Abuse Services,&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;a fraternity or a sorority house,&nbsp;</span></p> <p class="cls3"><span class="cls0">(7)&nbsp;&nbsp;college or university dormitory, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(8)&nbsp;&nbsp;a home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a medical foster home in which care is provided exclusively to three or fewer veterans.&nbsp;</span></p> <p class="cls4"><span class="cls0">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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;may consist of a series of units or buildings which are not connected or part of the same structure if:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;such buildings or units are owned by the same owner or operator,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;all residents of the units or buildings are fully capable of ambulation to and from the buildings or units,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;any out-of-doors premise or thoroughfare is adequately maintained to ensure the health and safety of the residents, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;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;&nbsp;</span></p> <p class="cls2"><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">The State Board of Health shall promulgate rules for such residential homes pursuant to the provisions of Section 1-836 of this title;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">14. "Maintenance" means meals, shelter, and laundry services;&nbsp;</span></p> <p><span class="cls0">15. "Neglect" means failure to provide goods and/or services necessary to avoid physical harm, mental anguish, or mental illness;&nbsp;</span></p> <p><span class="cls0">16. "Operator" means the person who is not the administrator but who manages the home;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">18. "Personal care" means assistance with meals, dressing, movement, bathing or other personal needs or maintenance, or general supervision of the physical and mental well-being of a person, who is incapable of maintaining a private, independent residence, or who is unable to manage all activities of daily living without assistance, whether or not a guardian has been appointed for the person;&nbsp;</span></p> <p><span class="cls0">19. "Resident" means a person of legal age, residing in a home due to illness, physical or mental infirmity, or advanced age;&nbsp;</span></p> <p><span class="cls0">20. "Representative of a resident" means a court-appointed guardian, or if there is no court-appointed guardian, a relative or other person designated in writing by the resident. No owner, agent, employee, or person with a pecuniary interest in the residential facility or relative thereof shall be a representative of a resident unless the person is appointed by the court;&nbsp;</span></p> <p><span class="cls0">21. "Supportive assistance" means the service rendered to any person which is sufficient to enable the person to meet an adequate level of daily living. Supportive assistance includes, but is not limited to, housekeeping, assistance in the preparation of meals, assistance in the safe storage, distribution and administration of medications, and assistance in personal care as necessary for the health and comfort of the person. The term "supportive assistance" shall not be interpreted or applied so as to prohibit the participation of residents in housekeeping or meal preparation tasks as a part of the written treatment plan for the training, habilitation or rehabilitation of the resident, prepared with the participation of the resident, the mental health or drug or alcohol services case manager assigned to the resident, and the administrator of the facility or a designee; and&nbsp;</span></p> <p><span class="cls0">22. "Transfer" means a change in location of living arrangements of a resident from one home to another home.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 8, eff. Nov. 1, 1984. Amended by Laws 1985, c. 135, &sect; 1, emerg. eff. June 7, 1985; Laws 1987, c. 98, &sect; 2, emerg. eff. May 20, 1987; Laws 1987, c. 225, &sect; 45, eff. Nov. 1, 1987; Laws 1988, c. 260, &sect; 1, eff. Nov. 1, 1988; Laws 1989, c. 330, &sect; 5, eff. Nov. 1, 1989; Laws 1990, c. 295, &sect; 2, operative July 1, 1990; Laws 1993, c. 159, &sect; 15, eff. July 1, 1993; Laws 1995, c. 230, &sect; 4, eff. July 1, 1995; Laws 2001, c. 410, &sect; 1, eff. Nov. 1, 2001; Laws 2003, c. 220, &sect; 1, eff. Nov. 1, 2003; Laws 2012, c. 12, &sect; 1, emerg. eff. April 5, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-821. Rules - Powers and duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The State Department of Health shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Issue, renew, deny, modify, suspend, and revoke licenses for homes pursuant to the provisions of the Residential Care Act;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. Enter upon any public or private property for the purpose of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;inspecting and investigating conditions of the residents in the home,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;inspecting and investigating the home for compliance with the provisions of the Residential Care Act or rules promulgated pursuant thereto, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;determining if services are being provided without a license;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. Investigate, request or otherwise obtain the information necessary to determine the qualifications and background of an applicant for licensure;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">13. Transfer or discharge a resident or otherwise protect the health, safety, and welfare of any resident of a home; and&nbsp;</span></p> <p><span class="cls0">14. Exercise all incidental powers as necessary and proper for the administration of the Residential Care Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 9, eff. Nov. 1, 1984. Amended by Laws 1985, c. 135, &sect; 2, emerg. eff. June 7, 1985; Laws 1987, c. 98, &sect; 3, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 2, eff. Nov. 1, 2001; Laws 2002, c. 22, &sect; 21, emerg. eff. March 8, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2001, c. 33, &sect; 59 repealed by Laws 2002, c. 22, &sect; 34, emerg. eff. March 8, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-821.1. Task Force on Nursing Home Insurance Access.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created, to continue until February 1, 2007, the &ldquo;Task Force on Nursing Home Insurance Access&rdquo;.&nbsp;</span></p> <p><span class="cls0">B. The Task Force shall consist of sixteen (16) members:&nbsp;</span></p> <p><span class="cls0">1. Three members shall be appointed by the Speaker of the Oklahoma House of Representatives as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one member who represents an intermediate care facility for the mentally retarded (ICF/MR),&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;one member who represents a nursing home facility, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;one member of the Oklahoma House of Representatives appointed by the Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">2. Three members shall be appointed by the President Pro Tempore of the State Senate as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one member who is a practicing attorney in the area of elder or health care law,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;one member who represents a statewide elder justice organization, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;one member of the State Senate appointed by the President Pro Tempore of the State Senate;&nbsp;</span></p> <p><span class="cls0">3. Four members shall be appointed by the Governor as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one member who is a practicing attorney in insurance and medical malpractice law,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;one member who has experience in health economics,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;one member who represents the insurance industry, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;one member who represents a nursing home facility;&nbsp;</span></p> <p><span class="cls0">4. The Director of the Department of Human Services, or a designee;&nbsp;</span></p> <p><span class="cls0">5. The Director of the State Department of Health, or a designee;&nbsp;</span></p> <p><span class="cls0">6. The President of the Oklahoma Association of Health Care Providers, or a designee;&nbsp;</span></p> <p><span class="cls0">7. The Commissioner of the Oklahoma Insurance Department, or a designee;&nbsp;</span></p> <p><span class="cls0">8. The President of the Oklahoma Association of Home Care, or a designee; and&nbsp;</span></p> <p><span class="cls0">9. The Director of the Oklahoma Health Care Authority, or a designee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. Appointments to the Task Force shall be made by July 1, 2006.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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. &nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">J. The Task Force shall publish a report of findings and recommendations by February 1, 2007, including recommendations for any resulting legislation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 315, &sect; 12, emerg. eff. June 9, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-822. Application for license - Fee - Information required - Qualifications - Issuance of license - Expiration - Modification - Renewal.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Not be transferable or assignable except as authorized by the provisions of the Residential Care Act;&nbsp;</span></p> <p><span class="cls0">2. Be posted in a conspicuous place on the licensed premises; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. An application shall contain the following information:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. The name and address of the applicant if the applicant is not the owner and is acting as agent for the owner;&nbsp;</span></p> <p><span class="cls0">3. The name and location of the home for which a license is sought;&nbsp;</span></p> <p><span class="cls0">4. The name of the administrator of the home;&nbsp;</span></p> <p><span class="cls0">5. The number and type of residents for whom services are to be provided; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">H. All residential care homes shall be required to have or employ a certified administrator for the home.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 10, eff. Nov. 1, 1984. Amended by Laws 1985, c. 135, &sect; 3, emerg. eff. June 7, 1985; Laws 1987, c. 98, &sect; 4, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 3, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-823. Transfer of ownership of home - Probationary license required - Notice of transfer.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 11, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 5, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 4, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-824. Probationary license - Duration - Conditions for issuance - Termination - Issuance or denial of regular license.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">1. Prior to the issuance of a probationary license, the Department shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;ascertain whether the applicant is qualified to be licensed pursuant to the provisions of Section 1-822 of this title, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 12, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 6, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 5, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-825. Violation of act - Penalties and liabilities.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. License revocation, suspension, or nonrenewal;&nbsp;</span></p> <p><span class="cls0">2. Transfer of residents;&nbsp;</span></p> <p><span class="cls0">3. Temporary manager;&nbsp;</span></p> <p><span class="cls0">4. Injunctive proceedings;&nbsp;</span></p> <p><span class="cls0">5. Civil fines; and&nbsp;</span></p> <p><span class="cls0">6. Criminal penalties as provided in Section 1-832 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 13, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 7, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 6, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-826. Denial, refusal to renew, suspension or revocation of license.&nbsp;</span></p> <p><span class="cls0">After notice and opportunity for hearing pursuant to the provisions of Section 1-830 of this title, the State Department of Health may:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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; &nbsp;</span></p> <p><span class="cls0">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; &nbsp;</span></p> <p><span class="cls0">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; &nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 14, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 8, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 7, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-827. Effective date of nonrenewal, suspension or revocation of license - Hearing - New application - New license.&nbsp;</span></p> <p><span class="cls0">A. If a hearing is not requested, the effective date of the nonrenewal, suspension, or revocation shall be as follows:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 15, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 9, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 8, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-828. Fire safety inspections - Fire safety rules and regulations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 16, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 10, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 9, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631828.1. State agencies Placement of persons in unlicensed residential care homes prohibited.&nbsp;</span></p> <p><span class="cls0">No state agency shall knowingly place, refer, or recommend placement of a person in need of care in an unlicensed residential care home.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 98, &sect; 20, emerg. eff. May 20, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-829. Inspections and investigations - Reports.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Department shall maintain a log, updated at least monthly and available for public inspection, which shall at a minimum detail:&nbsp;</span></p> <p><span class="cls0">1. The name of the home and date of inspection, investigation, survey, or evaluation;&nbsp;</span></p> <p><span class="cls0">2. Any deficiencies, lack of compliance, or violation noted at the inspection, investigation, survey, or evaluation;&nbsp;</span></p> <p><span class="cls0">3. The date a notice of violation, license denial, nonrenewal, suspension, or revocation was issued or other enforcement action occurred;&nbsp;</span></p> <p><span class="cls0">4. The date a plan of correction was submitted and the date the plan was approved;&nbsp;</span></p> <p><span class="cls0">5. The date corrections were completed, as verified by an inspection; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 17, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 11, emerg. eff. May 20, 1987; Laws 1990, c. 51, &sect; 132, emerg. eff. April 9, 1990; Laws 2001, c. 410, &sect; 10, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-830. Complaints - Notice - Hearing - Orders - Emergencies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 18, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 12, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 11, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-831. Report or plan of correction.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 19, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 13, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 12, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-832. Prohibited acts - Violations.&nbsp;</span></p> <p><span class="cls0">A. No person shall willfully:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 20, eff. Nov. 1, 1984. Amended by Laws 1985, c. 135, &sect; 4, emerg. eff. June 7, 1985; Laws 1987, c. 98, &sect; 14, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 13, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-833. Penalties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 21, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 15, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 14, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-834. Prosecution of violations - Action for equitable relief.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the district attorney of the appropriate district court of the State of Oklahoma,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the Attorney General on behalf of the State of Oklahoma in the appropriate district court of the State of Oklahoma, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 22, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 16, emerg. eff. May 20, 1987; Laws 1988, c. 233, &sect; 3, operative July 1, 1988; Laws 2001, c. 410, &sect; 15, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631835. Administration of medication to resident.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 23, eff. Nov. 1, 1984. Amended by Laws 1985, c. 135, &sect; 5, emerg. eff. June 7, 1985; Laws 2001, c. 33, &sect; 60, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-836. Rules ensuring minimum standards for homes.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Health shall promulgate rules to enforce the provisions of the Residential Care Act. Such rules shall regulate:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. Equipment essential to the health and welfare of the residents; and&nbsp;</span></p> <p><span class="cls0">6. Rehabilitation programs for those residents who would benefit from such programs.&nbsp;</span></p> <p><span class="cls0">B. 1. In order to further ensure minimum standards for homes, a certificate of training as specified shall be required of all:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;administrators, who shall obtain a residential care administrator certificate of training, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;direct care staff responsible for administration of medication to residents, who shall obtain a residential care certificate of training.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;(1)&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls8"><span class="cls0">(a)&nbsp;&nbsp;administration,&nbsp;</span></p> <p class="cls8"><span class="cls0">(b)&nbsp;&nbsp;supervision,&nbsp;</span></p> <p class="cls8"><span class="cls0">(c)&nbsp;&nbsp;reporting,&nbsp;</span></p> <p class="cls8"><span class="cls0">(d)&nbsp;&nbsp;record keeping,&nbsp;</span></p> <p class="cls8"><span class="cls0">(e)&nbsp;&nbsp;independent or daily living skills,&nbsp;</span></p> <p class="cls8"><span class="cls0">(f)&nbsp;&nbsp;leisure skills and recreation, and&nbsp;</span></p> <p class="cls8"><span class="cls0">(g)&nbsp;&nbsp;public relations concerning the issues associated with the operation of residential care homes and programs.&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;Any person employed as an administrator after July 1, 1988, shall have completed the training specified by this division.&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;Thereafter, annually, at least sixteen (16) hours of training in the subjects specified by this division shall be required for such administrator.&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;patient reporting and observation,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;record keeping,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;independent or daily living skills,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;leisure skills and recreation,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;human relations, and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;such other training relevant to residential care programs and operations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 24, eff. Nov. 1, 1984. Amended by Laws 1985, c. 135, &sect; 6, emerg. eff. June 7, 1985; Laws 1987, c. 98, &sect; 17, emerg. eff. May 20, 1987; Laws 1988, c. 233, &sect; 2, operative July 1, 1988; Laws 1998, c. 110, &sect; 1, eff. Nov. 1, 1998; Laws 2001, c. 410, &sect; 16, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-837. Insuring life of resident - Persons eligible - Assignment of benefits of life insurance policy.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 25, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, &sect; 18, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 17, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-838. Repealed by Laws 2001, c. 410, &sect; 21, eff. Nov. 1, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-839. Disposition of monies received by Department.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 27, eff. Nov. 1, 1984. Amended by Laws 1986, c. 312, &sect; 15, operative July 1, 1986; Laws 1987, c. 98, &sect; 19, emerg. eff. May 20, 1987; Laws 2001, c. 410, &sect; 18, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631840. Other provisions applicable to residential care homes.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 128, &sect; 28, eff. Nov. 1, 1984. Amended by Laws 1985, c. 135, &sect; 7, emerg. eff. June 7, 1985; Laws 1986, c. 10, &sect; 1, emerg. eff. March 17, 1986; Laws 1987, c. 98, &sect; 21, emerg. eff. May 20, 1987; Laws 1995, c. 230, &sect; 6, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-841. Accounting of clients' financial records.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 230, &sect; 3, eff. July 1, 1995. Amended by Laws 2001, c. 410, &sect; 19, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-842. Residents' representatives.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 230, &sect; 5, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-849. Sex offender stand-alone long-term care facility.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 411, &sect; 1, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631850. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 6 through 17 of this act shall be known and may be cited as the Longterm Care Certificate of Need Act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-851. Public policy as to development of long-term services.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 64, &sect; 1, emerg. eff. April 8, 1971. Amended by Laws 1980, c. 188, &sect; 2, eff. July 1, 1980; Laws 1986, c. 149, &sect; 12, emerg. eff. April 29, 1986; Laws 1989, c. 227, &sect; 6, operative July 1, 1989.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-851.1. Definitions.&nbsp;</span></p> <p><span class="cls0">For purposes of the Long-term Care Certificate of Need Act:&nbsp;</span></p> <p><span class="cls0">1. "Board" means the State Board of Health;&nbsp;</span></p> <p><span class="cls0">2. "Commissioner" means the State Commissioner of Health;&nbsp;</span></p> <p><span class="cls0">3. "Department" means the State Department of Health;&nbsp;</span></p> <p><span class="cls0">4. "Long-term care facility" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a nursing facility or a specialized facility, as such terms are defined by Section 1-1902 of this title,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;skilled nursing care provided in a distinct part of a hospital as such term is defined by Section 1-701 of this title,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the nursing care component of a life care community as such term is defined by the Long-term Care Insurance Act;&nbsp;</span></p> <p><span class="cls0">5. "Disclosure statement" means a written statement by the applicant which contains:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;History of noncompliance&rdquo; 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&rsquo;s disease or related disorders. Additionally, &ldquo;history of noncompliance&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Person&rdquo; 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&nbsp;</span></p> <p><span class="cls0">8. "Person with a controlling interest" means a person who meets any one or more of the following requirements:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a managing member of a Limited Liability Company (LLC).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 227, &sect; 7, operative July 1, 1989. Amended by Laws 1996, c. 336, &sect; 1, eff. Nov. 1, 1996; Laws 1997, c. 223, &sect; 9, emerg. eff. May 20, 1997; Laws 2000, c. 340, &sect; 12, eff. July 1, 2000; Laws 2001, c. 285, &sect; 1, eff. Nov. 1, 2001; Laws 2004, c. 436, &sect; 1, emerg. eff. June 4, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-851.2. Department - Powers and duties - Participation in federal programs - Collection of monthly data.&nbsp;</span></p> <p><span class="cls0">A. The State Commissioner of Health shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Issue, renew, deny, modify, suspend and revoke certificates of need;&nbsp;</span></p> <p><span class="cls0">2. Establish and enforce standards and requirements for certificates of need;&nbsp;</span></p> <p><span class="cls0">3. Require the submission of and to review reports from any person requesting or obtaining a certificate of need;&nbsp;</span></p> <p><span class="cls0">4. Employ or designate personnel necessary to implement the provisions of the Longterm Care Certificate of Need Act;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. Investigate, request or otherwise obtain the information necessary to determine the qualifications and background of an applicant for a certificate of need;&nbsp;</span></p> <p><span class="cls0">9. Establish administrative penalties for violations of the provisions of the Longterm Care Certificate of Need Act as authorized by the Board;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">11. Develop and administer plans for health services including, but not limited to, staffing, facilities and other resources;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">13. Establish and administer criteria and standards for the delineation and approval of areas and regions for health planning purposes;&nbsp;</span></p> <p><span class="cls0">14. Promote and maintain plans for providing health services including, but not limited to, health, staffing and health facilities, in this state; and&nbsp;</span></p> <p><span class="cls0">15. Exercise all incidental powers as necessary and proper for the administration of the Longterm Care Certificate of Need Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 227, &sect; 8, operative July 1, 1989. Amended by Laws 1990, c. 51, &sect; 133, emerg. eff. April 9, 1990; Laws 1996, c. 336, &sect; 2, eff. Nov. 1, 1996; Laws 2004, c. 436, &sect; 2, emerg. eff. June 4, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631851.3. Certificate of need required.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 227, &sect; 9, operative July 1, 1989. Amended by Laws 1996, c. 336, &sect; 3, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-852. Long-term care facility certificate of need &ndash; Requirements - Exemptions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. A certificate of need shall be required for:&nbsp;</span></p> <p><span class="cls0">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; &nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. An increase in licensed beds, whether through establishment of a new facility or expansion of an existing facility.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. An increase of no more than ten beds or ten percent (10%) of the facility&rsquo;s licensed beds, whichever is greater, per calendar year if:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the total capital cost of the increase is less than One Million Dollars ($1,000,000.00), and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the facility&rsquo;s occupancy rate averaged ninety-three percent (93%) or more during the twelve (12) months preceding the filing of the exemption request;&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the project involves no increase in licensed beds;&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a plan for the use of the facility to be replaced or relocated is provided that ensures continuity of services; and&nbsp;</span></p> <p><span class="cls0">3. A management agreement if:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the licensed entity remains responsible for facility operation, financial performance, staffing and delivery of resident services required under the Nursing Home Care Act.&nbsp;</span></p> <p><span class="cls0">D. A certificate of need shall not be required for:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">F. An application for a certificate of need shall be signed under oath by the applicant.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. The availability of long-term care which may serve as alternatives or substitutes;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. The availability of sufficient staff to properly operate the proposed acquisition, expansion, or establishment of a new long-term care facility;&nbsp;</span></p> <p><span class="cls0">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; &nbsp;</span></p> <p><span class="cls0">6. Review of minutes of family councils and residents councils, and the facilities' responses, from each of the applicant's holdings in Oklahoma; and&nbsp;</span></p> <p><span class="cls0">7. Any other matter which the Department deems appropriate.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 64, &sect; 2, emerg. eff. April 8, 1971. Amended by Laws 1980, c. 188, &sect; 3, eff. July 1, 1980; Laws 1983, c. 285, &sect; 5, operative July 1, 1983; Laws 1984, c. 238, &sect; 4, operative July 1, 1984; Laws 1986, c. 149, &sect; 13, emerg. eff. April 29, 1986; Laws 1987, c. 206, &sect; 43, operative July 1, 1987; Laws 1987, c. 236, &sect; 27, emerg. eff. July 20, 1987; Laws 1988, c. 282, &sect; 4, operative July 1, 1988; Laws 1989, c. 227, &sect; 10, operative July 1, 1989; Laws 1993, c. 269, &sect; 14, eff. Sept. 1, 1993; Laws 1996, c. 336, &sect; 4, eff. Nov. 1, 1996; Laws 2001, c. 285, &sect; 2, eff. Nov. 1, 2001; Laws 2004, c. 436, &sect; 3, emerg. eff. June 4, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-852.1. Fees - Maximum fee - Capital cost for acquisition - Request for exemption.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">B. The maximum filing fee on an application for replacement of an existing facility shall be One Thousand Dollars ($1,000.00).&nbsp;</span></p> <p><span class="cls0">C. 1. The maximum filing fee on an application for an acquisition shall be Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. If an application for a certificate of need is not approved, the Department shall refund the application fee in full.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 336, &sect; 5, emerg. eff. June 12, 1996. Amended by Laws 2004, c. 436, &sect; 4, emerg. eff. June 4, 2004; Laws 2009, c. 121, &sect; 1, emerg. eff. April 28, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631853. Findings as to necessity.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. The proposed action can be economically accomplished and maintained;&nbsp;</span></p> <p><span class="cls0">3. The proposed action will contribute to the orderly development of longterm care services in the locality;&nbsp;</span></p> <p><span class="cls0">4. The applicant is or employs a licensed nursing home administrator; and&nbsp;</span></p> <p><span class="cls0">5. The applicant is found to be in compliance with the provisions of subsection D of this section.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;that the facility or service is not needed, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;that the applicant is found to be out of compliance with the provisions of subsection D of this section.&nbsp;</span></p> <p><span class="cls0">2. Approval under this subsection shall cover only the capital expenditure to eliminate or prevent the hazards or to comply with standards described herein.&nbsp;</span></p> <p><span class="cls0">C. No certificate of need shall be issued for the acquisition of an existing facility unless after investigation the Commissioner finds that the applicant:&nbsp;</span></p> <p><span class="cls0">1. Has financial resources necessary to complete the transaction and to maintain services and staffing; and&nbsp;</span></p> <p><span class="cls0">2. Is found to be in compliance with the provisions of subsection D of this section.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the applicant has been convicted of a felony criminal offense related to the operation or management of a long-term care facility.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&rsquo;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a temporary manager, monitor, or receiver appointed, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;had a civil money penalty imposed of Thirty-five Thousand Dollars ($35,000.00) or more.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 64, &sect; 3, emerg. eff. April 8, 1971. Amended by Laws 1980, c. 188, &sect; 4, eff. July 1, 1980; Laws 1986, c. 149, &sect; 14, emerg. eff. April 29, 1986; Laws 1989, c. 227, &sect; 11, operative July 1, 1989; Laws 1994, c. 48, &sect; 1, eff. Sept. 1, 1994; Laws 1996, c. 336, &sect; 6, eff. Nov. 1, 1996; Laws 1998, c. 328, &sect; 2, eff. Nov. 1, 1998; Laws 2000, c. 340, &sect; 13, eff. July 1, 2000; Laws 2001, c. 285, &sect; 3, eff. Nov. 1, 2001; Laws 2004, c. 436, &sect; 5, emerg. eff. June 4, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-853.1. Investigation of application by not-for-profit life care community for certificate of need.&nbsp;</span></p> <p><span class="cls0">A. The investigation made pursuant to an application by a not-for-profit life care community for a certificate of need shall include:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. If the applicant has holdings in Oklahoma, a review of minutes of family councils and residents&rsquo; councils, and the facilities&rsquo; responses, from each of the applicant's holdings in this state; and&nbsp;</span></p> <p><span class="cls0">4. Any other matter which the Department deems necessary and appropriate.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 285, &sect; 4, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631854.1. Appeal of findings.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 188, &sect; 5, eff. July 1, 1980. Amended by Laws 1986, c. 149, &sect; 15, emerg. eff. April 29, 1986; Laws 1989, c. 227, &sect; 12, operative July 1, 1989; Laws 1993, c. 234, &sect; 1, eff. July 1, 1993; Laws 1994, c. 48, &sect; 2, eff. Sept. 1, 1994; Laws 1996, c. 336, &sect; 7, eff. Nov. 1, 1996; Laws 2004, c. 436, &sect; 6, emerg. eff. June 4, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631857. Time for submitting plans and specifications Time for construction Time for acquisition.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. If no such plans and specifications are submitted within the time required by this section, then such certificate shall be null and void.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">4. If the Department disapproves the plans and specifications, such disapproval shall include a detailed statement of the corrections needed.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s failure to meet the review process deadlines promulgated by the Board shall render the certificate of need void.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 64, &sect; 7, emerg. eff. April 8, 1971. Amended by Laws 1980, c. 188, &sect; 7, eff. July 1, 1980; Laws 1986, c. 149, &sect; 17, emerg. eff. April 29, 1986; Laws 1987, c. 225, &sect; 46, eff. July 5, 1987; Laws 1989, c. 227, &sect; 13; Laws 2002, c. 230, &sect; 2, eff. Nov. 1, 2002; Laws 2004, c. 436, &sect; 7, emerg. eff. June 4, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631857.1. Rules and regulations - Oaths - Reports.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Department shall post on the Department&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 188, &sect; 8, eff. July 1, 1980. Amended by Laws 2004, c. 436, &sect; 8, emerg. eff. June 4, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631857.2. Decision granting or denying certificate of need for new longterm care facility Written findings of facts, conclusions of law and explanations required.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, p. 1896, S.J.R. No. 49, &sect; 5. Amended by Laws 1989, c. 227, &sect; 14. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-857.4. Repealed by Laws 2004, c. 436, &sect; 14, emerg. eff. June 4, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-857.6. Oklahoma Health Planning Commission - Abolition - Transfer of funds, property, etc.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Health Planning Commission is hereby abolished, and the powers, duties and responsibilities exercised by such Commission pursuant to law are hereby transferred to the State Department of Health and the State Commissioner of Health. All unexpended funds, property, records, personnel and any outstanding financial obligations and encumbrances of such office are hereby transferred to the State Department of Health and the State Commissioner of Health.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Office of Management and Enterprise Services is hereby directed to coordinate the transfer of funds, allotments, purchase orders, outstanding financial obligations or encumbrances provided for in this section.&nbsp;</span></p> <p><span class="cls0">C. Any application for a certificate of need which was duly filed with the Oklahoma Health Planning Commission prior to the effective date of the Long-term Care Certificate of Need Act or the Psychiatric and Chemical Dependency Facility Certificate of Need Act shall be reviewed and approved or disapproved pursuant to criteria and procedures in effect at the time such application was filed. Any application for Certificate of Need not scheduled for review at the regularly scheduled June, 1989, Commission meeting or by the Director before July 1, 1989, shall be considered to have been duly filed with the State Department of Health. In all appellate matters, including but not limited to reconsideration and remand, the Department shall be considered as the Commission.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. Any references to the Oklahoma Health Planning Commission in the Oklahoma Statutes shall be construed to refer to the State Department of Health.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 301, &sect; 12, operative July 1, 1989. Amended by Laws 2012, c. 304, &sect; 486.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631858. Penalties.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 64, &sect; 8, emerg. eff. April 8, 1971. Amended by Laws 1980, c. 188, &sect; 9, eff. July 1, 1980; Laws 1989, c. 227, &sect; 17, operative July 1, 1989; Laws 2004, c. 436, &sect; 9, emerg. eff. June 4, 2004. &nbsp;</span></p> <p><span class="cls0">&sect;631859. Provisions as supplemental.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1971, c. 64, &sect; 9, emerg. eff. April 8, 1971; Laws 1980, c. 188, &sect; 10, eff. July 1, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;63-1-859.1. Volunteer program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 410, &sect; 20, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-860.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 16 of this act shall be known and may be cited as the "Oklahoma Hospice Licensing Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 1, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-860.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Hospice Licensing Act:&nbsp;</span></p> <p><span class="cls0">1. "Board" means the State Board of Health;&nbsp;</span></p> <p><span class="cls0">2. "Department" means the State Department of Health;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&rsquo;s condition;&nbsp;</span></p> <p><span class="cls0">9. "Patient" means a terminally ill person receiving hospice services;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">11. "Bereavement" means the period of time following death during which survivors mourn a death and process their grief;&nbsp;</span></p> <p><span class="cls0">12. "Bereavement services" means support services offered to a family during the bereavement period;&nbsp;</span></p> <p><span class="cls0">13. " Hospice inpatient facility" means a facility of a licensed hospice program, with twelve or fewer beds, in which only hospice services are provided;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">15. "Medically directed" means the delivery of medical care as directed by a medical advisor;&nbsp;</span></p> <p><span class="cls0">16. "Hospice home services" means hospice services provided primarily in the home of a patient;&nbsp;</span></p> <p><span class="cls0">17. "Inpatient services" means hospice services provided to patients who require twenty-four (24) hour supervision by a licensed health care provider; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 2, eff. Sept. 1, 1991. Amended by Laws 1992, c. 236, &sect; 1, emerg. eff. May 19, 1992; Laws 1997, c. 189, &sect; 1, eff. Nov. 1, 1997; Laws 2003, c. 339, &sect; 1, eff. Nov. 1, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-860.2a. Hospices exempt from act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 236, &sect; 2, emerg. eff. May 19, 1992. Amended by Laws 1997, c. 189, &sect; 2, eff. Nov. 1, 1997; Laws 2005, c. 282, &sect; 2, emerg. eff. June 6, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-860.3. Contents of hospice program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 3, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-860.4. Requirements and conditions for hospices - Hospice teams - Records - Governing body - Administrators.&nbsp;</span></p> <p><span class="cls0">A. A hospice shall comply with the following:&nbsp;</span></p> <p><span class="cls0">1. A hospice shall coordinate its services with those of the patient's primary or attending physician;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. The hospice team shall be responsible for coordination and continuity between inpatient and home care aspects of care;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. Hospice care shall be available twenty-four (24) hours a day, seven (7) days a week;&nbsp;</span></p> <p><span class="cls0">7. A hospice shall have a bereavement program which shall provide a continuum of supportive and therapeutic services for the family;&nbsp;</span></p> <p><span class="cls0">8. The unit of care in a hospice program shall be composed of the patient and family;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">10. A hospice program shall not impose the dictates of any value or belief system on its patients and their families;&nbsp;</span></p> <p class="cls2"><span class="cls0">11.&nbsp;&nbsp;a.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;The hospice program shall have admission criteria and procedures that reflect:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;the patient and family's desire and need for service,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;the participation of the attending physician, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;the diagnosis and prognosis of the patient.&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;(1)&nbsp;&nbsp;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).&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;In addition to any other penalties or remedies provided by law:&nbsp;</span></p> <p class="cls8"><span class="cls0">(a)&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls8"><span class="cls0">(b)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;This subparagraph shall not be construed to prohibit:&nbsp;</span></p> <p class="cls8"><span class="cls0">(a)&nbsp;&nbsp;advertising, except that advertising which:&nbsp;</span></p> <p class="cls12"><span class="cls0">(i)&nbsp;&nbsp;is false, misleading or deceptive,&nbsp;</span></p> <p class="cls12"><span class="cls0"> (ii)&nbsp;&nbsp;advertises professional superiority or the performance of a professional service in a superior manner, and&nbsp;</span></p> <p class="cls12"><span class="cls0"> (iii)&nbsp;&nbsp;is not readily subject to verification, and&nbsp;</span></p> <p class="cls8"><span class="cls0">(b)&nbsp;&nbsp;remuneration for advertising, marketing or other services that are provided for the purpose of securing or soliciting patients, provided the remuneration is:&nbsp;</span></p> <p class="cls12"><span class="cls0">(i)&nbsp;&nbsp;set in advance,&nbsp;</span></p> <p class="cls12"><span class="cls0"> (ii)&nbsp;&nbsp;consistent with the fair market value of the services, and&nbsp;</span></p> <p class="cls12"><span class="cls0"> (iii)&nbsp;&nbsp;not based on the volume or value of any patient referrals or business otherwise generated between the parties, and&nbsp;</span></p> <p class="cls8"><span class="cls0">&nbsp;&nbsp;&nbsp;&nbsp;(c)&nbsp;&nbsp;any payment, business arrangements or payments practice not prohibited by 42 U.S.C., Section 1320a-7b(b), or any regulations promulgated pursuant thereto.&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;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&nbsp;</span></p> <p><span class="cls0">12. A hospice program shall develop and maintain a quality assurance program that includes:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;evaluation of services,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;regular chart audits, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;organizational review.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. The hospice program shall have an administrator who shall be responsible for the overall coordination and administration of the hospice program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 4, eff. Sept. 1, 1991. Amended by Laws 1997, c. 189, &sect; 3, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-860.5. Department - Powers and duties.&nbsp;</span></p> <p><span class="cls0">The State Department of Health shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">11. Exercise all incidental powers as necessary and proper for the administration of the Oklahoma Hospice Licensing Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 5, eff. Sept. 1, 1991. Amended by Laws 2003, c. 339, &sect; 2, eff. Nov. 1, 2003; Laws 2005, c. 282, &sect; 3, emerg. eff. June 6, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-860.6. First-year or permanent license - Application - Plan for delivery of services - Term and renewal of license - Conditional license.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The first-year or permanent license fee required by Section 1-860.15 of this title;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">4. Proof of sufficient financial ability to operate and conduct the hospice program in accordance with the requirements of the Oklahoma Hospice Licensing Act.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The estimated average number of patients to be served monthly;&nbsp;</span></p> <p><span class="cls0">2. The geographic area in which hospice services will be available;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Provisions for the implementation of hospice home care within three (3) months of licensure;&nbsp;</span></p> <p><span class="cls0">5. The name and qualifications of any existing or potential health care provider with whom the hospice program may enter into a contract;&nbsp;</span></p> <p><span class="cls0">6. The projected annual operating cost of the hospice program; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">G. The license shall:&nbsp;</span></p> <p><span class="cls0">1. Be displayed in a conspicuous place inside the hospice program office;&nbsp;</span></p> <p><span class="cls0">2. Be valid only in the possession of the person or public agency to which it is issued;&nbsp;</span></p> <p><span class="cls0">3. Not be subject to sale, assignment, or other transfer, voluntary or involuntary;&nbsp;</span></p> <p><span class="cls0">4. Not be valid for any hospice program other than the hospice program for which the license was originally issued; and&nbsp;</span></p> <p><span class="cls0">5. Restrict the number of patients in a hospice inpatient facility to the Department-approved occupancy level for each facility.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 6, eff. Sept. 1, 1991. Amended by Laws 1992, c. 236, &sect; 3, emerg. eff. May 19, 1992; Laws 1996, c. 231, &sect; 1, eff. July 1, 1996; Laws 2003, c. 339, &sect; 3, eff. Nov. 1, 2003; Laws 2005, c. 282, &sect; 4, emerg. eff. June 6, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-860.7. Patient care when patient unable to pay.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 7, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-860.8. Inspections and investigations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 8, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-860.9. Denial, refusal to renew, suspension or revocation of license.&nbsp;</span></p> <p><span class="cls0">A. After notice and hearing pursuant to the provisions of Section 1-860.10 of this title, the State Department of Health may:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">5. Assess administrative penalties pursuant to Article II of the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A violation of the provisions of the Oklahoma Hospice Licensing Act or of any of the rules promulgated thereto; or&nbsp;</span></p> <p><span class="cls0">2. An intentional or negligent act materially affecting the health or safety of a patient.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 9, eff. Sept. 1, 1991. Amended by Laws 1996, c. 231, &sect; 2, eff. July 1, 1996; Laws 2005, c. 282, &sect; 5, emerg. eff. June 6, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-860.9a. Violations - Administrative fines.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The nature, circumstances, and gravity of the violation;&nbsp;</span></p> <p><span class="cls0">2. The repetitive nature of the violation by the hospice or by other hospices operated by the same entity;&nbsp;</span></p> <p><span class="cls0">3. The previous degree of difficulty in obtaining compliance with the Oklahoma Hospice Licensing Act or the rules promulgated pursuant thereto; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 231, &sect; 3, eff. July 1, 1996. Amended by Laws 2005, c. 282, &sect; 6, emerg. eff. June 6, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-860.10. Complaints - Notice - Hearing - Orders - Service of order or other instrument.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 10, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-860.11. Appeals.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 11, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-860.12. Attorney General - Equitable relief.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 12, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-860.13. Repealed by Laws 2013, c. 229, &sect; 99, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-860.14. Repealed by Laws 2013, c. 229, &sect; 99, eff. Nov. 1, 2013, without reference to the amendment in Laws 2013, c. 229, &sect; 57 which read as follows:&nbsp;</span></p> <p class="cls5"><span class="cls0">&sect;63-1-860.14. Annual report on the improvement of hospice care.&nbsp;</span></p> <p class="cls5"><span class="cls0">The Department shall publish and distribute an annual report of its activities and any recommendations for the improvement of services and care and treatment to hospice patients on or before January 1 of each year to the Governor and to the Commissioner of Health.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-860.15. Fees.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Initial application fee;&nbsp;</span></p> <p><span class="cls0">2. First-year license fee;&nbsp;</span></p> <p><span class="cls0">3. Permanent license fee;&nbsp;</span></p> <p><span class="cls0">4. Renewal of permanent license fee; and&nbsp;</span></p> <p><span class="cls0">5. Late renewal fee charges.&nbsp;</span></p> <p><span class="cls0">B. Such fees may only be established or amended by the Board during such times as the Legislature is in session.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 15, eff. Sept. 1, 1991. Amended by Laws 2003, c. 339, &sect; 4, eff. Nov. 1, 2003; Laws 2005, c. 282, &sect; 7, emerg. eff. June 6, 2005; Laws 2006, c. 187, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-860.16. Hospice Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Hospice Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department, from any monies received as a result of fees received pursuant to the provisions of the Oklahoma Hospice Licensing Act and any monies appropriated to the fund by law. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department to effectuate the provisions of the Oklahoma Hospice Licensing Act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 217, &sect; 16, eff. Sept. 1, 1991. Amended by Laws 2012, c. 304, &sect; 487.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-865.1. Sheltered Workshop Act.&nbsp;</span></p> <p><span class="cls0">A. This act shall be known and may be cited as the &ldquo;Sheltered Workshop Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">B. The Sheltered Workshop Act allows individuals with developmental disabilities opportunities to participate in meaningful work or training activities. Each workshop will be licensed and provide a safe environment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 65, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-865.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Sheltered Workshop Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Community services worker&rdquo; means any person who:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;contracts with the Oklahoma Health Care Authority to provide specialized foster care, habilitation training specialist services, or homemaker services to persons with developmental disabilities,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;is not a licensed health professional, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;is employed by or under contract with a community services provider to provide for compensation or as a volunteer the following:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;health-related services,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;training, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;supportive assistance;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Contract&rdquo; means the binding legal agreement to provide sheltered workshop services, entered into between the provider and the Developmental Disabilities Services Division of the Department of Human Services or the Oklahoma Health Care Authority;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;DDSD&rdquo; means the Developmental Disabilities Services Division of the Department of Human Services;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Department&rdquo; means the Department of Human Services;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Developmental disability&rdquo; means a severely chronic disability of a person which:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;is attributable to a physical or mental impairment or a combination of physical or mental impairments,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;is manifested before the person attains the age of twenty-two (22) years,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;is likely to continue indefinitely,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;results in substantial functional limitations in three or more of the following areas of major life activity:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;self-care,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;receptive and expressive language,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;learning,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;mobility,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;self-direction,&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;capacity for independent living, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(7)&nbsp;&nbsp;economic self-sufficiency, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e. &nbsp;&nbsp;reflects the need of the person for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Director&rdquo; means the Director of Human Services;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Licensee&rdquo; means a person, corporation, partnership, limited liability company, or association operating a sheltered workshop which is licensed pursuant to the provisions of the Sheltered Workshop Act;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Provider&rdquo; means a person, corporation, partnership, limited liability company, association, or other entity that contracts with the Developmental Disabilities Services Division of the Department of Human Services or the Oklahoma Health Care Authority to operate a sheltered workshop for persons with developmental disabilities;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Service recipient&rdquo; means a person participating in the sheltered workshop; and&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Sheltered workshop&rdquo; means a facility, or any portion thereof, operated by a nonprofit organization, corporation, partnership, limited liability company or association whose purpose is to provide meaningful work or training activities to individuals with developmental disabilities and holds a current certificate under Section 14c of the Fair Labor Standards Act by the Wage and Hour Division, U.S. Department of Labor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 65, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-865.3. Department of Human Services &ndash; Powers and duties &ndash; Sheltered workshops.&nbsp;</span></p> <p><span class="cls0">A. The Department of Human Services shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Enforce any provision of the Sheltered Workshop Act;&nbsp;</span></p> <p><span class="cls0">2. Issue, renew, deny, modify, suspend, and revoke licenses for sheltered workshops pursuant to the provisions of the Sheltered Workshop Act; provided, however, providers of sheltered workshop services that have a contract with the Developmental Disabilities Services Division of the Department of Human Services or the Oklahoma Health Care Authority to provide sheltered workshop services as of November 1, 2011, shall be deemed to be licensed, subject to the continuing requirements of the Sheltered Workshop Act;&nbsp;</span></p> <p><span class="cls0">3. Establish and enforce standards and requirements for licensure and operation of sheltered workshops that are subject to the provisions of the Sheltered Workshop Act and require the submission of, and to review, reports from any person establishing or operating a sheltered workshop; &nbsp;</span></p> <p><span class="cls0">4. Enter upon any public or private property for the purpose of inspecting and investigating conditions of the sheltered workshop for compliance with the provisions of the Sheltered Workshop Act, or the standards and requirements for licensure and operation of sheltered workshops developed by the Department pursuant to the provisions of the Sheltered Workshop Act;&nbsp;</span></p> <p><span class="cls0">5. Employ or designate personnel to conduct investigations and inspections, to make reports of the condition of sheltered workshops, and to take necessary action pursuant to the provisions of the Sheltered Workshop Act to protect and safeguard the health, safety, and welfare of service recipients;&nbsp;</span></p> <p><span class="cls0">6. Advise, consult, and cooperate with other agencies of this state, the federal government, other states and interstate agencies, and with affected groups and political subdivisions to further the purposes of the Sheltered Workshop Act;&nbsp;</span></p> <p><span class="cls0">7. Investigate, request or otherwise obtain the information necessary to determine the qualifications and background of an applicant for licensure or contract;&nbsp;</span></p> <p><span class="cls0">8. Provide the sheltered workshop thirty (30) days written notice that its license is to be suspended or revoked, and shall take action at the end of that time if the sheltered workshop remains out of compliance. However, if the health and safety of service recipients is threatened, the suspension or revocation shall be effective immediately and the sheltered workshop shall be closed;&nbsp;</span></p> <p><span class="cls0">9. Notify holders of suspended or revoked licenses that they shall be entitled to a hearing before Department licensure officials if requested within ten (10) days of their notification. The hearing shall be held at least ten (10) days before final action is taken and conducted pursuant to the Administrative Procedures Act; and&nbsp;</span></p> <p><span class="cls0">10. Reinstate suspended licenses if deficiencies are corrected within a time frame established by the Department.&nbsp;</span></p> <p><span class="cls0">B. The Department of Human Services shall develop rules establishing minimum standards for sheltered workshops. These standards, at minimum, shall regulate:&nbsp;</span></p> <p><span class="cls0">1. Physical plant expectations to include physical facilities, ventilation, and accessibility;&nbsp;</span></p> <p><span class="cls0">2. Staffing requirements;&nbsp;</span></p> <p><span class="cls0">3. Staff training;&nbsp;</span></p> <p><span class="cls0">4. Staff qualifications; and&nbsp;</span></p> <p><span class="cls0">5. Service recipient records.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 65, &sect; 3, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-865.4. License renewal &ndash; Application requirements.&nbsp;</span></p> <p><span class="cls0">A. A license shall expire twelve (12) months from the date of issuance, unless revoked, and may be renewed annually by the Department of Human Services pursuant to the provisions of the Sheltered Workshop Act. All licenses shall be on a form prescribed by the Director of Human Services, and shall include, but not be limited to, the kind of program the licensee is certified to operate, the date the license was issued, and the expiration date of the license. The provisions of the license shall require that the license shall:&nbsp;</span></p> <p><span class="cls0">1. Not be transferable or assignable except as authorized by the provisions of the Sheltered Workshop Act;&nbsp;</span></p> <p><span class="cls0">2. Be available on the licensed premises; and&nbsp;</span></p> <p><span class="cls0">3. Be issued only for the premises named in the application, and may be renewed for twelve-month periods upon application and inspection, pursuant to the provisions of the Sheltered Workshop Act.&nbsp;</span></p> <p><span class="cls0">B. An application shall be under oath and shall contain, but not be limited to, the following information:&nbsp;</span></p> <p><span class="cls0">1. The name and address of the applicant or licensee. If the applicant or licensee is a firm or partnership, the name and address of each member thereof shall be included in the application. If the applicant or licensee is a firm, partnership, limited liability company, or corporation, the name and address of the firm, partnership, limited liability company, or corporation and the name and address of each member of the firm, major member of the limited liability company or manager, major partner of the partnership, or officer, major stockholder and registered agent of the corporation shall be included in the application;&nbsp;</span></p> <p><span class="cls0">2. The name and address of the applicant or licensee if the applicant or licensee is not the provider and is acting as agent for the provider of sheltered workshop services or licensee;&nbsp;</span></p> <p><span class="cls0">3. The name and location of the sheltered workshop for which a license is sought;&nbsp;</span></p> <p><span class="cls0">4. The name and administrator of the sheltered workshop;&nbsp;</span></p> <p><span class="cls0">5. The number for whom services are to be provided; and&nbsp;</span></p> <p><span class="cls0">6. A description of the program and the staffing pattern for providing supports. In the case of an application for an initial license, such description may be shown as the projected program and staffing pattern.&nbsp;</span></p> <p><span class="cls0">C. 1. An applicant or licensee shall be twenty-one (21) years of age or older and of reputable and responsible character. In addition, the applicant or licensee shall have appropriate business or professional experience.&nbsp;</span></p> <p><span class="cls0">2. No person who is ineligible for employment as a community services worker in accordance with Section 1025.2 of Title 56 of the Oklahoma Statues shall be eligible to be licensed or to receive a contract to become a community services provider. If the applicant or licensee is a firm, partnership, limited liability company, or corporation, the applicant shall not be eligible to be licensed or to receive a contract if any member of the firm, any major member of the limited liability company or manager, any major partner of the partnership, or any officer or major stockholder of the corporation is ineligible for employment as a community services worker in accordance with Section 1025.2 of Title 56 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">D. The application for a license or renewal of a license shall be accompanied by a statement of ownership which shall include the following:&nbsp;</span></p> <p><span class="cls0">1. The name, address, telephone number, occupation or business activity, business address, and business telephone number of the owner of the sheltered workshop and of every person who owns the building in which the sheltered workshop is located. If the owner is a partnership, limited liability company, or corporation, the name and address of each partner, major member of the limited liability company, and stockholder with an ownership interest of five percent (5%) or more shall be included in the statement; and&nbsp;</span></p> <p><span class="cls0">2. The name and address of any other sheltered workshop in which the owner has a full or partial financial interest or, if the applicant or licensee is a partnership, limited liability company, or corporation, any other sheltered workshop in which the partnership, limited liability company, or corporation has a full or partial financial interest. The statement shall indicate whether any other sheltered workshop wherein a full or partial financial interest is held would, if located in this state, be required to be licensed.&nbsp;</span></p> <p><span class="cls0">E. The Director or designee shall issue and renew licenses for sheltered workshops which comply with the provisions of the Sheltered Workshop Act and the standards and rules pursuant thereto.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 65, &sect; 4, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-865.5. Sheltered workshop conditional license.&nbsp;</span></p> <p><span class="cls0">A. The Department of Human Services may issue a conditional license to any sheltered workshop if the Department finds that a violation exists in such sheltered workshop. The issuance of a conditional license shall revoke any license held by the sheltered workshop issued pursuant to the Sheltered Workshop Act.&nbsp;</span></p> <p><span class="cls0">B. Prior to the issuance of a conditional license, the Department shall review and approve a written plan of correction. The Department shall specify the violations which prevent issuance of a regular license and shall establish a time schedule for correction of the deficiencies. Retention of the license shall be conditional on meeting the requirements of the plan of correction. In the alternative or in addition to a conditional license, the Director of the Department of Human Services may withhold vendor payments due to a sheltered workshop under its programs until such time as the corrections are made or a plan of correction for all deficiencies is approved by the Department.&nbsp;</span></p> <p><span class="cls0">C. Written notice of the decision to issue a conditional license shall be sent to the sheltered workshop together with the proposed plan of correction. The notice shall inform the sheltered workshop of its right to an informal conference prior to issuance of the conditional license and its right to a full hearing.&nbsp;</span></p> <p><span class="cls0">D. If the sheltered workshop desires to have an informal conference it shall, within four (4) working days of receipt of notice, send a written request for an informal conference to the Department. The Department shall, within four (4) working days from the receipt of the request, hold an informal conference. Following the conference, the Department may affirm or overrule its previous decision, or modify the terms of the conditional license and plan of correction. The conditional license may be issued after the informal conference or after the time for requesting an informal conference has expired, prior to any further hearing.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 65, &sect; 5, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-865.6. Sheltered workshop license - Transfer.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in this section, a license to operate a sheltered workshop subject to the provisions of the Sheltered Workshop Act is not transferable. Operation of a sheltered workshop may only be transferred:&nbsp;</span></p> <p><span class="cls0">1. With the prior written approval of the Director of the Developmental Disabilities Services Division of the Department of Human Services or designee; and&nbsp;</span></p> <p><span class="cls0">2. From the provider or licensee named in the application to another provider who has a current license or is deemed licensed in accordance with the requirements of the Sheltered Workshop Act.&nbsp;</span></p> <p><span class="cls0">B. The transferor shall remain responsible for the operation of the sheltered workshop until the transfer is complete. The transferor shall remain liable for all penalties assessed which are imposed for violations occurring prior to transfer of operation. Any citation, problems identified by the Developmental Services Division prior to the transfer, or outstanding deficiencies remaining after the transfer are the responsibility of the transferee to correct.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 65, &sect; 6, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-865.7. Sheltered workshop inspection - Notice.&nbsp;</span></p> <p><span class="cls0">A. Every sheltered workshop shall be inspected at least annually by a duly appointed representative of the Department of Human Services pursuant to rules promulgated by the Sheltered Workshop Act.&nbsp;</span></p> <p><span class="cls0">B. The Department shall inspect, survey, and evaluate each sheltered workshop to determine compliance with applicable licensure and program requirements and standards no less than annually and at any time the Department deems necessary.&nbsp;</span></p> <p><span class="cls0">C. Any inspection, investigation, survey, or evaluation may be conducted without prior notice. Any licensee or applicant for a license shall be deemed to have given consent to any duly authorized employee or agent of the Department to enter and inspect the sheltered workshop in accordance with the provisions of the Sheltered Workshop Act. Refusal to permit such entry or inspection shall constitute grounds for the denial, nonrenewal, suspension or revocation of a license.&nbsp;</span></p> <p><span class="cls0">D. The Department shall maintain a log, updated at least monthly and available for public inspection, which shall at a minimum detail:&nbsp;</span></p> <p><span class="cls0">1. The name of the sheltered workshop and date of inspection, investigation, survey, or evaluation;&nbsp;</span></p> <p><span class="cls0">2. Any deficiencies, lack of compliance, or violation noted at the inspection, investigation, survey, or evaluation;&nbsp;</span></p> <p><span class="cls0">3. The date a notice of violation, license denial, nonrenewal, suspension, or revocation was issued or other enforcement action occurred;&nbsp;</span></p> <p><span class="cls0">4. Proposed dates for the resolution of deficiencies;&nbsp;</span></p> <p><span class="cls0">5. The date corrections were completed, as verified by an inspection; and&nbsp;</span></p> <p><span class="cls0">6. If the inspection or investigation was made pursuant to the receipt of a complaint, the date such complaint was received and the date the sheltered workshop was notified of the results of the inspection or investigation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 65, &sect; 7, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;63-1-865.8. Criminal history records &ndash; Criminal background check - Confidentiality.&nbsp;</span></p> <p><span class="cls0">A. Providers or licensees are required to conduct a search of criminal history records and the Oklahoma Department of Human Services Community Services Worker Registry (Registry) prior to permanent employment of any community services worker. The provider or licensee shall not hire, contract with, or use as a volunteer, a person whose name is listed in the Registry or who has a criminal background if the Oklahoma State Bureau of Investigation search reveals that the applicant has been convicted, pled guilty, or pled nolo contendere to misdemeanor assault and battery or any felony. The provider or licensee shall immediately cancel any temporary employment arrangement with a person whose name is listed in the Registry or whose background check reveals disqualifying violations of law. If a provider or licensee requests a waiver, the community service worker shall not work directly with service recipients until the provider receives a written decision by the Department.&nbsp;</span></p> <p><span class="cls0">B. At the request of a provider or licensee, a criminal background check search may be conducted on any person employed by the employer, including those persons excluded in subsection A of this section, at any time during the period of employment of such person. If the results of a criminal background check reveal the person has been convicted, pled guilty, or pled nolo contendere to misdemeanor assault and battery or any felony, the provider or licensee shall immediately terminate the person&rsquo;s employment or contract.&nbsp;</span></p> <p><span class="cls0">C. All criminal records received by the employer are confidential and are for the exclusive use of the Department and the employer which requested the information. Except upon court order, or with the written consent of the person being investigated, the records shall not be released or otherwise disclosed to any other person or agency. These records shall be destroyed after one (1) year from the end of employment of the person to whom such records relate.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 65, &sect; 8, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;631870. Legislative statement of need.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. Enable family caregivers to continue gainful employment.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631871. Short title.&nbsp;</span></p> <p><span class="cls0">Section 2 through 9 of this act shall be known and may be cited as the "Adult Day Care Act".&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-872. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Adult Day Care Act:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. "Department" means the State Department of Health; and&nbsp;</span></p> <p><span class="cls0">4. "Participant" means any person attending an adult day care center.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 192, &sect; 3, eff. Nov. 1, 1989. Amended by Laws 1996, c. 104, &sect; 1, eff. Nov. 1, 1996; Laws 1998, c. 319, &sect; 1, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-873. Licensure requirements and standards - Centers required to be licensed.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Health, with the advice of the Long-Term Care Facility Advisory Board, created pursuant to Section 1-1923 of this title, shall define minimum adult day care licensure requirements and rules including standards for:&nbsp;</span></p> <p><span class="cls0">1. Health and social services which may be provided to participants;&nbsp;</span></p> <p><span class="cls0">2. The range of services to be provided by a center based on the type of participants to be served;&nbsp;</span></p> <p><span class="cls0">3. Staff to participant ratios;&nbsp;</span></p> <p><span class="cls0">4. Staff and volunteer qualifications;&nbsp;</span></p> <p><span class="cls0">5. Staff training;&nbsp;</span></p> <p><span class="cls0">6. Food services;&nbsp;</span></p> <p><span class="cls0">7. Participant records and care plans;&nbsp;</span></p> <p><span class="cls0">8. Antidiscrimination policies;&nbsp;</span></p> <p><span class="cls0">9. Sanitary and fire standards; and&nbsp;</span></p> <p><span class="cls0">10. Any other requirements necessary to ensure the safety and well-being of frail elderly and disabled adults.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The license for operation of a center shall be issued by the State Department of Health. The license shall:&nbsp;</span></p> <p><span class="cls0">1. Not be transferable or assignable;&nbsp;</span></p> <p><span class="cls0">2. Be posted in a conspicuous place on the licensed premises;&nbsp;</span></p> <p><span class="cls0">3. Be issued only for the premises named in the application; and&nbsp;</span></p> <p><span class="cls0">4. Expire twelve (12) months from the date of issuance, provided an initial license shall expire one hundred eighty (180) days after the date of issuance. Licenses may be issued for a period of more than twelve (12) months, but not more than twenty-four (24) months, for the licensing period immediately following November 1, 2011, in order to permit an equitable distribution of license expiration dates to all months of the year.&nbsp;</span></p> <p><span class="cls0">D. A center shall meet the safety, sanitation and food service standards of the State Department of Health.&nbsp;</span></p> <p><span class="cls0">E. Local health, fire and building codes relating to adult day care centers shall be classified as an education use group.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 192, &sect; 4, eff. Nov. 1, 1989. Amended by Laws 1996, c. 104, &sect; 2, eff. Nov. 1, 1996; Laws 2000, c. 48, &sect; 1, emerg. eff. April 14, 2000; Laws 2011, c. 105, &sect; 34, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631874. Application for license Renewal Proof of compliance with law.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631875. Inspection by State Department of Health.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631876. Denial, suspension, nonrenewal or revocation of license notice Hearing Reinstatement of suspended license.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. Suspended licenses may be reinstated if deficiencies are corrected within a time frame established by the Department.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631877. Discontinuance of operation of a center Notification of participants and Department Surrender of license.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Immediately upon discontinuance of operations of a center, the owneroperator shall surrender the license to the Department and the license shall be canceled.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-878. Unlawful operation or misrepresentation - Penalties - Misdemeanor - Prosecution - Civil actions - Remedies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the district attorney of the appropriate district court of the State of Oklahoma,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the Attorney General on behalf of the State of Oklahoma in the appropriate district court of the State of Oklahoma, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 192, &sect; 9, eff. Nov. 1, 1989. Amended by Laws 1998, c. 319, &sect; 2, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-879.1. Repealed by Laws 2007, c. 93, &sect; 7, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;63-1-879.2. Alzheimer's Research Advisory Council - Powers, duties and responsibilities.&nbsp;</span></p> <p><span class="cls0">The Alzheimer's Research Advisory Council shall:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Review the need for a statewide voluntary registry in order to conduct epidemiology studies for health planning and research purposes;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 207, &sect; 2, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-879.2a. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Alzheimer's Disease Special Care Disclosure Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 147, &sect; 1, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-879.2b. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Alzheimer's Disease Special Care Disclosure Act:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. "Department" means the State Department of Health.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 147, &sect; 2, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-879.2c. Required disclosure.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The disclosure shall be made to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the state licensing agency,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the State Long-Term Care Ombudsman.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The information disclosed as required by this section shall include the following areas:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. The process and criteria for placement in, or transfer or discharge from, the unit;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Staff-to-resident ratios, staff training and continuing education commensurate with Alzheimer's disease residents' needs for increased care and supervision;&nbsp;</span></p> <p><span class="cls0">5. The physical environment and design features appropriate to support the functioning of cognitively impaired adult residents;&nbsp;</span></p> <p><span class="cls0">6. The types and frequency of resident activities;&nbsp;</span></p> <p><span class="cls0">7. The involvement of families in care planning and other aspects of care, and the availability of family support programs; and&nbsp;</span></p> <p><span class="cls0">8. The fees for care and any additional fees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 147, &sect; 3, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-879.3. Core Neuropathology Laboratory.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Core Neuropathology Laboratory shall be:&nbsp;</span></p> <p><span class="cls0">1. equipped with sufficient state-of-the-art equipment and adequate personnel to allow quality diagnosis and efficient handling of the autopsy specimens; and&nbsp;</span></p> <p><span class="cls0">2. provided supplies for diagnostic studies for educational programs and for service to the public.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 207, &sect; 3, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-879.4. Repealed by Laws 1994, c. 283, &sect; 22, eff. Sept. 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;631880.1. Short title.&nbsp;</span></p> <p><span class="cls0">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".&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;63-1-880.2. Public policy - Purpose.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 227, &sect; 19.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631880.3. Definitions.&nbsp;</span></p> <p><span class="cls0">For purposes of this act:&nbsp;</span></p> <p><span class="cls0">1. "Act" means the Psychiatric and Chemical Dependency Facility Certificate of Need Act;&nbsp;</span></p> <p><span class="cls0">2. "Board" means the State Board of Health;&nbsp;</span></p> <p><span class="cls0">3. "Commissioner" means the Commissioner of Health; and&nbsp;</span></p> <p><span class="cls0">4. "Department" means the State Department of Health.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;631880.4. Department Powers and duties Participation in federal programs Collection of monthly data&nbsp;</span></p> <p><span class="cls0">A. The State Department of Health shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Issue, renew, deny, modify, suspend and revoke certificates of need;&nbsp;</span></p> <p><span class="cls0">2. Establish and enforce standards and requirements for certificates of need;&nbsp;</span></p> <p><span class="cls0">3. Require the submission of, and to review reports from any person requesting or obtaining a certificate of need;&nbsp;</span></p> <p><span class="cls0">4. Employ or designate personnel necessary to implement the provisions of this act;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">7. Develop and enforce rules and regulations subject to the approval of the Board to implement the provisions of this act;&nbsp;</span></p> <p><span class="cls0">8. Investigate, request or otherwise obtain the information necessary to determine the qualifications and background of an applicant for a certificate of need;&nbsp;</span></p> <p><span class="cls0">9. Establish administrative penalties for violations of the provisions of this act as authorized by the Board;&nbsp;</span></p> <p><span class="cls0">10. Institute and maintain or intervene in any action or proceeding where deemed necessary by the Department pursuant to this act;&nbsp;</span></p> <p><span class=