{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-524.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-524.1","heading":"Examination of certain arrested persons for a sexually","body":"transmitted infection (STI) including human immunodeficiency virus\n\n(HIV) - Court order - Required provisions - Notification concerning\n\nresults to victim's designated professional - Treatment -\n\nResponsibility for costs.\n\nA. A licensed physician shall examine persons who are arrested\n\nby lawful warrant for the offense of first or second degree rape,\n\nforcible sodomy or the intentional infection or attempt to\n\nintentionally infect a person with the human immunodeficiency virus\n\nfor the purpose of determining if the person is infected with a\n\nsexually transmitted infection (STI), including, but not limited to,\n\nthe human immunodeficiency virus (HIV). For purposes of expediting\n\nsuch examination, in counties with a population of greater than four\n\nhundred thousand (400,000), the county sheriff or the chief of\n\npolice of any municipality with a population of greater than two\n\nhundred thousand (200,000) that is located within such county and\n\nthat has a municipal court of record shall notify the city-county\n\nhealth department serving the county of any person who has been\n\narrested by county or city officers for such offense. Any such\n\nexamination shall be made subsequent to arrest as provided in this\n\nsection. Every person shall submit to the examination and shall\n\npermit specimens to be taken for laboratory examinations. Such\n\nperson may be detained until the results of the examination are\n\nknown. A determination as to whether or not the person is infected\n\nshall not be based on any prior examination. Any person found to be\n\ninfected with a sexually transmitted infection (STI) shall be\n\ntreated by a physician of such person's own choice, until such\n\nperson is noninfectious or dismissed by the Commissioner or local\n\nhealth officer or physician. The costs of such treatment shall be\n\nthe responsibility of the person who is examined and tested and the\n\ncourt shall order the person to pay such costs. In the event a\n\nperson infected with a sexually transmitted infection (STI) refuses\n\nor fails to submit to treatment, then such person may be quarantined\n\nfor the purpose of treatment, and a report thereof shall be made to\n\nthe Commissioner.\n\nB. The district attorney shall file a motion for a court-\n\nordered examination and testing of the person arrested for the\n\noffenses specified in subsection A of this section at the time the\n\ncriminal charges are filed or the court may provide a standing order\n\nfor such examination and testing which shall issue automatically at\n\nthe time of arrest for the offenses specified in subsection A of\n\nthis section.\n\nC. Any peace officer in this state upon the arrest of a person\n\nwithin six (6) hours or less of the actual offense of first or\n\nsecond degree rape, forcible sodomy or intentional infection or\n\nattempt to intentionally infect a person with the human\n\nimmunodeficiency virus shall immediately deliver and submit the\n\nperson for a rapid test for human immunodeficiency virus (HIV)\n\nwithout a court order, if a rapid test site is available. If the\n\nrapid HIV test results are positive the physician examining the\n\nvictim of such offense shall be immediately notified and the\n\nphysician shall immediately provide the victim with preventive\n\ntreatment, if the victim can be treated within the medically\n\nproscribed period for preventive measures.\n\nD. The examination and testing required by this section shall\n\nnot be for evidentiary purposes and shall be expedited and conducted\n\nsolely to screen for and identify the need for the victim’s\n\ntreatment due to potential exposure to sexually transmitted\n\ninfections (STIs). A confirmation examination and test may be\n\nconducted following any examination or test yielding a positive\n\nresult that is not conclusive of the presence of the human\n\nimmunodeficiency virus (HIV) or other sexually transmitted infection\n\n(STI).\n\nE. The court shall include the following provisions in its order\nictim’s\n\ntreatment due to potential exposure to sexually transmitted\n\ninfections (STIs). A confirmation examination and test may be\n\nconducted following any examination or test yielding a positive\n\nresult that is not conclusive of the presence of the human\n\nimmunodeficiency virus (HIV) or other sexually transmitted infection\n\n(STI).\n\nE. The court shall include the following provisions in its order\n\nand shall not include the name or address of the alleged victim:\n\n1. A list of specific examinations and tests, including, but\n\nnot limited to: blood tests for human immunodeficiency virus (HIV),\n\nhepatitis B, hepatitis C, syphilis, gonorrhea, chlamydia, and visual\n\nexaminations for evidence of genital herpes and genital warts for\n\nwhich examinations and tests are available;\n\n2. A provision requiring the physician, clinic or hospital\n\nwhich provides the examination and testing to immediately notify the\n\ndistrict attorney’s office, through the Victim Witness Coordinator,\n\nwhen the test and examination results have been completed;\n\n3. A provision requiring copies of the examination report and\n\ntest results be forwarded by the physician, clinic or hospital that\n\nconducted such examination and tests to the designated physician or\n\ncounseling site as made known to the Victim Witness Coordinator by\n\nthe victim, or if not specified by the victim then copies of the\n\nreports and results shall be forwarded to the Victim Witness\n\nCoordinator. Results of examinations and tests shall be forwarded\n\nwithin three (3) days of completion of the examination or testing;\n\n4. A provision that the victim be notified within three (3)\n\ndays of the receipt of the examination report and test results by\n\nthe designated physician or counseling site as designated by the\n\nvictim or the Victim Witness Coordinator, if no designation has been\n\nmade by the victim;\n\n5. A provision directing the offender and victim to be treated\n\nfor infection as indicated in any positive examination and test\n\nresult; and\n\n6. A provision directing the facility having custody of the\n\narrested person to be responsible for the costs of examination and\n\ntests; provided, however, that the court may order reimbursement of\n\nsuch costs at the time of sentencing.\n\nF. Upon notification that the results of the examination and\n\ntests are completed, the Victim Witness Coordinator shall instruct\n\nthe physician, clinical laboratory or hospital that completed such\n\nresults to forward copies of the results according to the victim’s\n\ndesignation or, if no designation has been made, forward copies to\n\nthe Victim Witness Coordinator’s office. The Victim Witness\n\nCoordinator shall notify the victim’s designated professional that\n\nthe results are being forwarded and instruct the victim to set a\n\ntime to receive the results in person.\n\nG. When the examination and test results indicate infection of\n\nany sexually transmitted infection (STI), the victim shall be\n\ntreated by the State Commissioner of Health or local health officer,\n\nor a physician of the victim’s own choice, until noninfectious or\n\ndismissed by the Commissioner, local health officer or physician.\n\nH. All examinations and testing shall be performed by a\n\nlicensed physician and/or clinical laboratory or hospital. The test\n\nforms shall include the words “Sex Crime” to expedite handling and\n\nshall include a criminal case number, if known.\n\nI. If the arrested person refuses to be examined and tested\n\nupon arrest, the court shall issue an order for such examination and\n\ntest at the initial appearance of the person arrested.\n\nJ. The cost of examination and testing authorized by this\n\nsection shall be the responsibility of the facility having custody\n\nof the person at the time of arrest. The court shall order the\n\ndefendant to reimburse such facility at the time of sentencing for\n\nsuch examination and\n\ntest at the initial appearance of the person arrested.\n\nJ. The cost of examination and testing authorized by this\n\nsection shall be the responsibility of the facility having custody\n\nof the person at the time of arrest. The court shall order the\n\ndefendant to reimburse such facility at the time of sentencing for\n\nall actual costs associated with examination and testing required by\n\nthis section. No cost of any kind shall be incurred by any victim\n\nof such crimes for testing, obtaining the results of tests, or for\n\ntreatment required by a victim due to a positive result for a test\n\nfor a sexually transmitted infection (STI) resulting from an offense\n\nspecified in this section.\n\nK. For purposes of this section, the term \"initial appearance\"\n\nshall refer to the first court appearance of an individual, in\n\nperson or by closed circuit television, before a magistrate on a\n\npresentment, indictment or preliminary information on a felony\n\noffense.","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":"d678f7dc0146ecc5e09054a9e06107c468bc6c96b9ed355f5ac57edf1253d4cd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-524","next":"us-ok/okla.-stat.-tit.-63-63-1-525"},"notice":"GroundRules: Original legal text. Not legal advice."}