{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-502.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-502.3","heading":"Person withdrawing or testing blood for communicable","body":"diseases - Civil and criminal liability - Definitions.\n\nA. No person who withdraws or tests blood for human\n\nimmunodeficiency virus (HIV), methicillin-resistant staphylococcus\n\naureus (MRSA), hepatitis or any other communicable disease or\n\nemployer of such person or any hospital or health care facility\n\nwhere blood is withdrawn or tested for HIV, MRSA, hepatitis or any\n\nother communicable disease shall incur any civil or criminal\n\nliability as a result of the proper withdrawal of blood or testing\n\nfor HIV, MRSA, hepatitis or any other communicable disease when\n\nacting in compliance with the provisions of this section. The\n\nwithdrawal or testing shall be performed in a reasonable manner,\n\naccording to generally accepted standards of clinical practice. The\n\nperson, employer or facility shall be presented with:\n\n1. A written statement by the person whose blood is to be\n\nwithdrawn and tested; or\n\n2. A written statement from a health care or emergency care\n\nworker verifying that the health care or emergency care worker in an\n\noccupational setting has been exposed to the bodily fluids of the\n\nperson whose blood is to be withdrawn and tested, which exposure\n\nplaced the health care or emergency care worker at risk for transfer\n\nof the bodily fluids; or\n\n3. An order from a court of competent jurisdiction that blood\n\nbe withdrawn and tested.\n\nWhen presented with such a statement or court order, the person\n\nauthorized to withdraw the blood, the employer and the hospital or\n\nother health care facility where the withdrawal or testing occurs\n\nmay rely on such statement or order as evidence that the person has\n\nconsented to or has been required to submit to the clinical\n\nprocedure and shall not be required to obtain any additional\n\nconsent, acknowledgement or waiver form. In such case, the person\n\nauthorized to perform the procedure, the employer of such person,\n\nand the hospital or other health care facility shall not be liable\n\nin any action alleging lack of consent or lack of informed consent.\n\nB. No person specified in this section shall incur any civil or\n\ncriminal liability for:\n\n1. Providing results of the testing to:\n\na. the person whose blood was tested,\n\nb. the person incurring the exposure,\n\nc. the funeral director or embalmer who will be or is\n\npreparing the body of a person who has been tested\n\npursuant to this section for burial or other\n\ndisposition, or\n\nd. the State Department of Health or such agency it may\n\ndesignate;\n\n2. Not providing the results of the testing to any other\n\nperson; or\n\n3. Failing to diagnose or falsely diagnosing the presence of\n\nHIV, MRSA, hepatitis or any other communicable disease where the\n\nprocedure was performed in a reasonable manner according to\n\ngenerally accepted standards of clinical practice.\n\nC. For the purposes of this section:\n\n1. \"Bodily fluids\" means fluids which have been medically\n\nproven and medically accepted as transmitters or conductors of HIV,\n\nMRSA, hepatitis or any other communicable disease; and\n\n2. \"Health care worker\" or \"emergency care worker\" means one of\n\nthe persons specified in subsection A of Section 1-502.1 of this\n\ntitle.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0d6a465dbd7c6f3f5bb740fd47635abdb3c08fd3295b1a98d473f8e0d5b5ae2a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-502.2","next":"us-ok/okla.-stat.-tit.-63-63-1-502.4"},"notice":"GroundRules: Original legal text. Not legal advice."}