{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-3102a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-3102A","heading":"Experimental treatments, tests or drugs - Persons","body":"eligible to give consent.\n\nA. When a patient, because of a medical condition, is treated\n\nby a licensed medical doctor or doctor of osteopathy holding a\n\nfaculty appointment at a medical school accredited by the Liaison\n\nCommittee on Medical Education or American Osteopathic Association,\n\nor holding clinical privileges at a health care institution that\n\nconducts human subject research approved by an accredited\n\ninstitutional review board, and such patient is incapable of giving\n\ninformed consent for an accredited-institutional-review-board-\n\napproved experimental treatment, test or drug, then the\n\nadministration of such treatment, test or drug may proceed upon\n\nobtaining informed consent of a parent, legal guardian, attorney-in-\n\nfact with health care decision authority, or a family member in the\n\nfollowing order of priority:\n\n1. If the patient is a minor, the parent or legal guardian; and\n\n2. If the patient is an adult:\n\na. the spouse, unless the patient has no spouse, or is\n\nseparated, or the spouse is physically or mentally\n\nincapable of giving consent, or the spouse's location\n\nis unknown or the spouse is overseas, or the spouse is\n\notherwise not available,\n\nb. an adult son or daughter,\n\nc. either parent,\n\nd. an adult brother or sister, or\n\ne. a relative by blood or marriage.\n\nB. If the patient is an adult, nothing in this section shall\n\nauthorize such legal guardian, attorney-in-fact or family member to\n\nconsent to treatment in contravention to such incapacitated\n\npatient's expressed permission or prohibition regarding such\n\ntreatment.\n\nC. In a life-threatening emergency, consent of such an\n\nincapacitated person to any research program or experimental\n\nprocedure shall not be required when the accredited institutional\n\nreview board responsible for the review, approval and continuing\n\nreview of the research activity has approved both the research\n\nactivity and a waiver of informed consent and has both found and\n\ndocumented that the requirements for an exception from informed\n\nconsent requirements for emergency research, as provided under Part\n\n50 of Title 21 or Part 46 of Title 45 of the Code of Federal\n\nRegulations, as amended, have been satisfied. This subsection shall\n\napply to all pre-hospital or hospital research conducted by a\n\nlicensed medical doctor or doctor of osteopathy.\n\nD. Nothing in this section shall permit a parent, legal\n\nguardian, attorney-in-fact or family member to authorize the use of\n\nan experimental treatment, test or drug on a pregnant patient.","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":"639f41b086825aa91227238fbff80235eb9f30ab7299be4edf9cdbcfb6015470","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-3102.5","next":"us-ok/okla.-stat.-tit.-63-63-3105.1"},"notice":"GroundRules: Original legal text. Not legal advice."}