Okla. Stat. tit. 63, § 63-1-502.3

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where blood is withdrawn or tested for HIV, MRSA, hepatitis or any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:

1. A written statement by the person whose blood is to be

withdrawn and tested; or

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person whose blood is to be withdrawn and tested, which exposure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

3. An order from a court of competent jurisdiction that blood

be withdrawn and tested.

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

Oklahoma Statutes - Title 63. Public Health and Safety Page 213

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.

B. No person specified in this section shall incur any civil or

criminal liability for:

1. Providing results of the testing to:

a. the person whose blood was tested,

b. the person incurring the exposure,

c. the funeral director or embalmer who will be or is

preparing the body of a person who has been tested

pursuant to this section for burial or other

disposition, or

d. the State Department of Health or such agency it may

designate;

2. Not providing the results of the testing to any other

person; or

3. Failing to diagnose or falsely diagnosing the presence of

HIV, MRSA, hepatitis or any other communicable disease where the

procedure was performed in a reasonable manner according to

generally accepted standards of clinical practice.

C. For the purposes of this section:

1. "Bodily fluids" means fluids which have been medically

proven and medically accepted as transmitters or conductors of HIV,

MRSA, hepatitis or any other communicable disease; and

2. "Health care worker" or "emergency care worker" means one of

the persons specified in subsection A of Section 1-502.1 of this

title.