2023 Oklahoma Statutes
Title 63. Public Health and Safety
§63-3111.6. Health care providers.

A. Before implementing a health care decision made for a patient, the attending physician, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision.

B. An attending physician who knows of the existence of a power of attorney for health care or a revocation of a power of attorney for health care shall promptly record its existence in the patient's medical record and, if it is in writing, shall request a copy and if one is furnished shall arrange for its maintenance in the medical record. An attending physician who makes or is informed of a determination that a patient lacks or has recovered capacity shall promptly record the determination in the patient's medical record and communicate the determination to the patient, if possible, and to any person then authorized to make health care decisions for the patient.

C. Except as provided in subsections D and E of this section, a health care provider or facility providing care to a patient shall:

1. Comply with an individual instruction of the patient and with a reasonable interpretation of that instruction made by a person then authorized to make health care decisions for the patient; and

2. Comply with a health care decision for the patient made by a person then authorized to make health care decisions for the patient to the same extent as if the decision had been made by the patient while having capacity.

D. An attending physician or health care provider may decline to comply with an individual instruction or health care decision for reasons of conscience. A health care facility may decline to comply with an individual instruction or health care decision if the instruction or decision is contrary to a policy of the facility which is expressly based on reasons of conscience and if the policy was timely communicated to the patient or to a person then authorized to make health care decisions for the patient.

E. A health care provider or facility may decline to comply with an individual instruction or health care decision that requires medically ineffective or non-beneficial health care or health care contrary to generally accepted health care standards applicable to the health care provider or facility.

F. A health care provider or facility that declines to comply with an individual instruction or health care decision shall:

1. Promptly so inform the patient, if possible, and any person then authorized to make health care decisions for the patient;

2. Provide continuing care to the patient until a transfer can be effected; and

3. Unless the patient or person then authorized to make health care decisions for the patient refuses assistance, immediately make all reasonable efforts to assist in the transfer of the patient to another health care provider or facility that is willing to comply with the instruction or decision.

G. A health care provider or facility may not require or prohibit the execution or revocation of an advance health care directive as a condition for providing health care.

H. The provisions of this section shall not be construed to supersede or authorize noncompliance with the requirements of the Oklahoma Advance Directive Act as provided in Section 3101.9 of Title 63 of the Oklahoma Statutes.

Added by Laws 2022, c. 136, § 6, emerg. eff. April 29, 2022.