§63-3131.4.

§63-3131.4.
   
   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;
   
   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 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 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.