{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-3131.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-3131.4","heading":"Health care presumption and exceptions - Health care","body":"agencies not required to provide certain treatment, facilities or\n\nservices.\n\nA. Every person shall be presumed to consent to the\n\nadministration of cardiopulmonary resuscitation in the event of\n\ncardiac or respiratory arrest, unless one or more of the following\n\nconditions, of which the health care provider has actual knowledge,\n\napply:\n\n1. The person has notified such person's attending physician\n\nthat the person does not consent to the administration of\n\ncardiopulmonary resuscitation in the event of cardiac or respiratory\n\narrest and that notification has been entered in the patient's\n\nmedical records;\n\n2. The parent or guardian of a minor child, after consultation\n\nwith the minor child's attending physician, has notified the minor\n\nchild's attending physician that the parent or guardian does not\n\nconsent to the administration of cardiopulmonary resuscitation in\n\nthe event of the minor child's cardiac or respiratory arrest, and\n\nthat the minor child, if capable of doing so and possessing\n\nsufficient understanding and appreciation of the nature and\n\nconsequences of the treatment decision despite the minor child's\n\nchronological age, has not objected to this decision of the parent\n\nor guardian, and such notification has been entered in the minor\n\nchild's medical records; provided, medically indicated treatment may\n\nnot be withheld from a disabled infant with life-threatening\n\nconditions to the extent that such medically indicated treatment is\n\nrequired by federal law or regulations as a condition for the\n\nreceipt of federally funded grants to this state for child abuse and\n\nneglect prevention and treatment programs;\n\n3. An incapacitated person's representative has notified the\n\nincapacitated person's attending physician that the representative,\n\nbased on the known wishes of the incapacitated person, does not\n\nconsent to the administration of cardiopulmonary resuscitation in\n\nthe event of the incapacitated person's cardiac or respiratory\n\narrest and that notification has been entered in the patient's\n\nmedical records;\n\n4. An attending physician of an incapacitated person without a\n\nrepresentative knows by clear and convincing evidence that the\n\nincapacitated person, when competent, decided on the basis of\n\ninformation sufficient to constitute informed consent that the\n\nperson would not have consented to the administration of\n\ncardiopulmonary resuscitation in the event of cardiac or respiratory\n\narrest. Clear and convincing evidence for this purpose shall\n\ninclude oral, written, or other acts of communication between the\n\npatient, when competent, and family members, health care providers,\n\nor others close to the patient with knowledge of the patient's\n\npersonal desires;\n\n5. A do-not-resuscitate consent form in accordance with the\n\nprovisions of the Oklahoma Do-Not-Resuscitate Act has been executed\n\nfor that person; or\n\n6. An executed advance directive for health care, or other\n\ndocument recognized by the Oklahoma Rights of the Terminally Ill or\n\nPersistently Unconscious Act, directing that life-sustaining\n\ntreatment not be performed in the event of cardiac or respiratory\n\narrest, is in effect for that person, pursuant to the provisions of\n\nparagraph 1 of Section 3101.3 or Section 3101.14 of this title.\n\nB. Health care agencies shall maintain written policies and\n\nprocedures with respect to do-not-resuscitate orders, do-not-\n\nresuscitate consent forms, and certifications of physician. Such\n\nwritten policies and procedures shall ensure the following rights to\n\nall persons under the care of health care agencies:\n\n1. All decisions with respect to the administration of\n\ncardiopulmonary resuscitation shall be made by the patient unless it\n\nis appropriate under this section for the patient’s representative,\n\nas defined by Section 3131.3 of this title, to do so. The reason\n\nthe representative, rather than the patient, has made a decision\nfollowing rights to\n\nall persons under the care of health care agencies:\n\n1. All decisions with respect to the administration of\n\ncardiopulmonary resuscitation shall be made by the patient unless it\n\nis appropriate under this section for the patient’s representative,\n\nas defined by Section 3131.3 of this title, to do so. The reason\n\nthe representative, rather than the patient, has made a decision\n\nshall be documented in the patient’s medical record.\n\n2. a. No decision by the patient’s representative shall be\n\nmade until the representative has been instructed in\n\nwriting by the patient’s attending physician that such\n\nrepresentative is deciding what the incapacitated\n\nperson would have wanted if the incapacitated person\n\ncould speak for himself or herself. In addition, the\n\nattending physician shall encourage consultation among\n\nall reasonably available representatives, family\n\nmembers, and persons close to the incapacitated person\n\nto the extent feasible in the circumstances of the\n\ncase.\n\nb. Whenever possible, the attending physician shall\n\nexplain to the representative and family members the\n\nnature and consequences of the decision to be made.\n\nEvidence that this explanation was provided shall be\n\ndocumented in the medical records of the incapacitated\n\nperson.\n\n3. Health care agencies shall provide ongoing education to\n\npatients, health care providers, and the community on issues\n\nconcerning use of the do-not-resuscitate consent form.\n\nC. Nothing in the Oklahoma Do-Not-Resuscitate Act shall\n\nrequire:\n\n1. A health care agency to institute or maintain the ability to\n\nprovide cardiopulmonary resuscitation or to expand its existing\n\nequipment, facilities, or personnel to provide cardiopulmonary\n\nresuscitation; provided, if such health care agency does not provide\n\ncardiopulmonary resuscitation, this policy shall be communicated in\n\nwriting to the person or representative prior to the person coming\n\nunder the care of the health care agency; and\n\n2. A physician, health care provider, or health care agency to\n\nbegin or continue the administration of cardiopulmonary\n\nresuscitation when, in reasonable medical judgment, it would not\n\nprevent the imminent death of the 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":"5e46abc452a0c252cabf78527e99be02bf65874a0bb920ab6fbc543eb963f921","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-3131.3","next":"us-ok/okla.-stat.-tit.-63-63-3131.5"},"notice":"GroundRules: Original legal text. Not legal advice."}