A. No person shall be authorized under Section 3102.4 of this title to make health care decisions for a patient if that person:
1. Has been convicted of, pled guilty to, or pled no contest to any violation of Section 843.1, 843.2, 843.4 or 843.5 of Title 21 of the Oklahoma Statutes;
2. Has been found to have committed abuse, verbal abuse or exploitation, as these terms are defined in Section 10-103 of Title 43A of the Oklahoma Statutes, by a final State Department of Health or Department of Human Services investigative finding or by an administrative law judge finding, unless that finding has been overturned through judicial review; or
3. Has been criminally charged as described in subsection B of Section 10-110.1 of Title 43A of the Oklahoma Statutes, unless the person has been acquitted or those charges have been finally dismissed.
B. No health care provider or health care entity shall be liable for following in good faith the instructions of a person otherwise authorized to make health care decisions for a patient and who has submitted the statement as required by Section 3102.4 of this title, but whom the health care provider or health care entity does not know or have reason to know is disqualified from exercising such authority by subsection A of this section.
Added by Laws 2017, c. 144, § 3, eff. Nov. 1, 2017. Amended by Laws 2019, c. 211, § 2, eff. Nov. 1, 2019.
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