§ 1-502.3. Persons withdrawing or testing blood for communicable diseases--Civil and criminal l...
Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: November 1, 2020
Effective: November 1, 2020
63 Okl.St.Ann. § 1-502.3
§ 1-502.3. Persons withdrawing or testing blood for communicable diseases--Civil and criminal liability--Definitions
A. No person who withdraws or tests blood for human immunodeficiency virus (HIV), methicillin-resistant staphylococcus aureus (MRSA), hepatitis or any other communicable disease or employer of such person or any hospital or health care facility where blood is withdrawn or tested for HIV, MRSA, hepatitis or any other communicable disease shall incur any civil or criminal liability as a result of the proper withdrawal of blood or testing for HIV, MRSA, hepatitis or any other communicable disease when acting in compliance with the provisions of this section. The withdrawal or testing shall be performed in a reasonable manner, according to generally accepted standards of clinical practice. The person, employer or facility shall be presented with:
2. A written statement from a health care or emergency care worker verifying that the health care or emergency care worker in an occupational setting has been exposed to the bodily fluids of the person whose blood is to be withdrawn and tested, which exposure placed the health care or emergency care worker at risk for transfer of the bodily fluids; or
When presented with such a statement or court order, the person authorized to withdraw the blood, the employer and the hospital or other health care facility where the withdrawal or testing occurs may rely on such statement or order as evidence that the person has consented to or has been required to submit to the clinical procedure and shall not be required to obtain any additional consent, acknowledgement or waiver form. In such case, the person authorized to perform the procedure, the employer of such person, and the hospital or other health care facility shall not be liable in any action alleging lack of consent or lack of informed consent.
Credits
Laws 1991, c. 200, § 6, eff. Sept. 1, 1991; Laws 1992, c. 144, § 2, eff. Sept. 1, 1992; Laws 2020, c. 9, § 2, eff. Nov. 1, 2020.
63 Okl. St. Ann. § 1-502.3, OK ST T. 63 § 1-502.3
Current with emergency effective legislation through Chapter 125 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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