Okla. Stat. tit. 63, § 63-3131.4

agencies not required to provide certain treatment, facilities or

services.

A. Every person shall be presumed to consent to the

administration of cardiopulmonary resuscitation in the event of

cardiac or respiratory arrest, unless one or more of the following

conditions, of which the health care provider has actual knowledge,

apply:

1. The person has notified such person's attending physician

that the person does not consent to the administration of

cardiopulmonary resuscitation in the event of cardiac or respiratory

arrest and that notification has been entered in the patient's

medical records;

2. The parent or guardian of a minor child, after consultation

with the minor child's attending physician, has notified the minor

child's attending physician that the parent or guardian does not

consent to the administration of cardiopulmonary resuscitation in

the event of the minor child's cardiac or respiratory arrest, and

that the minor child, if capable of doing so and possessing

sufficient understanding and appreciation of the nature and

consequences of the treatment decision despite the minor child's

chronological age, has not objected to this decision of the parent

or guardian, and such notification has been entered in the minor

child's medical records; provided, medically indicated treatment may

not be withheld from a disabled infant with life-threatening

conditions to the extent that such medically indicated treatment is

required by federal law or regulations as a condition for the

receipt of federally funded grants to this state for child abuse and

neglect prevention and treatment programs;

3. An incapacitated person's representative has notified the

incapacitated person's attending physician that the representative,

based on the known wishes of the incapacitated person, does not

consent to the administration of cardiopulmonary resuscitation in

the event of the incapacitated person's cardiac or respiratory

arrest and that notification has been entered in the patient's

medical records;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1501

4. An attending physician of an incapacitated person without a

representative knows by clear and convincing evidence that the

incapacitated person, when competent, decided on the basis of

information sufficient to constitute informed consent that the

person would not have consented to the administration of

cardiopulmonary resuscitation in the event of cardiac or respiratory

arrest. Clear and convincing evidence for this purpose shall

include oral, written, or other acts of communication between the

patient, when competent, and family members, health care providers,

or others close to the patient with knowledge of the patient's

personal desires;

5. A do-not-resuscitate consent form in accordance with the

provisions of the Oklahoma Do-Not-Resuscitate Act has been executed

for that person; or

6. An executed advance directive for health care, or other

document recognized by the Oklahoma Rights of the Terminally Ill or

Persistently Unconscious Act, directing that life-sustaining

treatment not be performed in the event of cardiac or respiratory

arrest, is in effect for that person, pursuant to the provisions of

paragraph 1 of Section 3101.3 or Section 3101.14 of this title.

B. Health care agencies shall maintain written policies and

procedures with respect to do-not-resuscitate orders, do-not-

resuscitate consent forms, and certifications of physician. Such

written policies and procedures shall ensure the following rights to

all persons under the care of health care agencies:

1. All decisions with respect to the administration of

cardiopulmonary resuscitation shall be made by the patient unless it

is appropriate under this section for the patient’s representative,

as defined by Section 3131.3 of this title, to do so. The reason

the representative, rather than the patient, has made a decision
following rights to

all persons under the care of health care agencies:

1. All decisions with respect to the administration of

cardiopulmonary resuscitation shall be made by the patient unless it

is appropriate under this section for the patient’s representative,

as defined by Section 3131.3 of this title, to do so. The reason

the representative, rather than the patient, has made a decision

shall be documented in the patient’s medical record.

2. a. No decision by the patient’s representative shall be

made until the representative has been instructed in

writing by the patient’s attending physician that such

representative is deciding what the incapacitated

person would have wanted if the incapacitated person

could speak for himself or herself. In addition, the

attending physician shall encourage consultation among

all reasonably available representatives, family

members, and persons close to the incapacitated person

to the extent feasible in the circumstances of the

case.

b. Whenever possible, the attending physician shall

explain to the representative and family members the

nature and consequences of the decision to be made.

Evidence that this explanation was provided shall be

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documented in the medical records of the incapacitated

person.

3. Health care agencies shall provide ongoing education to

patients, health care providers, and the community on issues

concerning use of the do-not-resuscitate consent form.

C. Nothing in the Oklahoma Do-Not-Resuscitate Act shall

require:

1. A health care agency to institute or maintain the ability to

provide cardiopulmonary resuscitation or to expand its existing

equipment, facilities, or personnel to provide cardiopulmonary

resuscitation; provided, if such health care agency does not provide

cardiopulmonary resuscitation, this policy shall be communicated in

writing to the person or representative prior to the person coming

under the care of the health care agency; and

2. A physician, health care provider, or health care agency to

begin or continue the administration of cardiopulmonary

resuscitation when, in reasonable medical judgment, it would not

prevent the imminent death of the patient.