OKLAHOMA. LAWS. STATUTES. ETC. 
DEPARTMENT OF PUBLIC HEALTH 
STATE OF OKLAHOMA DEPARTMENT 
of 
PUBLIC HEALTH 
State of Oklahoma 
Laws, rules, regulations and instructions to local health 
officers for the control and the suppression of contagious 
and infectious venereal diseases. 
COMPILED 
19 4 4 
(Annotated) DEPARTMENT 
of 
PUBLIC HEALTH 
State of Oklahoma 
Laws, rules, regulations and instructions to local health 
officers for the control and the suppression of contagious 
and infectious venereal diseases. 
COMPILED 
19 4 4 
(Annotated) PREFACE 
There has been a tremendous expansion during the past 
few years in the scope and influence of public health activities, 
both in their scientific aspects and in their administrative ap- 
plication, together with the various and sundry legal phases. 
The need for adequate public health facilities has been recog- 
nized by governmental authority, and the public, with gratifying 
results in better health standards. 
These significant developments, together with the prevalent 
social condition attending the concentration of large bodies of 
troops at the various military establishments in the State, and 
the increasing prevalence of infectious and contagious “ve- 
nereal” diseases, have created a demand for administrative rules 
and regulations governing the control and suppression of ve- 
nereal diseases. These I have formulated and included herein. 
The present compilation of the rules, regulations and laws 
governing the control and suppression of venereal diseases, is 
an attempt to present factual material, only, with a minimum 
of personal opinion or comment. An endeavor has been made 
to provide answers to the various problems that have confronted 
this Department, based upon the rules, regulations, statutes and 
court decisions of last resort. 
Acknowledgment is hereby made of the invaluable assist- 
ance of John A. Cowan, M.D., M. S.P.H., Director, Division of 
Venereal Disease Control, Oklahoma State Health Department, 
and R. 0. Ingle, J. D., member of the Oklahoma Bar, in the 
preparation and formulation of these rules, regulations and in- 
structions and the compilation of the statutes germane thereto. 
It is hoped that this pamphlet will prove of value to all 
health officials of the State, or any one else having to interpret 
or administer the rules, regulations and laws governing the 
control of venereal diseases. 
G. F. MATHEWS, M.D. 
State Commissioner of Health. References are to Oklahoma Statutes 1941 and laws sup- 
plementary thereto down to and including 1943 Session Laws, 
and the latest rules and regulations of the Department of Pub- 
lic Health of Oklahoma. 
(a) POWER TO MAKE RULES AND REGULATIONS 
Title 63, Section 3: State Commissioner of Health shall 
have power to make any and all needful rules and regulations 
for the prevention and cure, and to prevent the spread of any 
contagious or infectious diseases among persons; to establish 
quarantine and isolate any persons infected with contagious 
and infectious diseases. 
There are two methods of control: One by direct Act of the 
legislature, and Second: By rules and regulations of the Com- 
missioner of Health or State Board of Health, made in accord- 
ance with the law. Silkett v. State, 29 Okl. Cr. 17, 232 P. 127. 
Ex parte McGee et al, (Kan.) 185 P. 14; California Red. Co. v. 
Sanitary Red. Co. 199 U.S. 306, 26 S. Ct. 100, 50 L. Ed. 204; Hurst 
v. Warner 102 Mich. 238, 47. A.S.R. 525, 26 L.R.A. 484; State 
v. Beacham 125 N.C. 652, 34 S.E. 447; Blue v. Beach 155 Ind. 
121, 56 N.E. 89, 80 A.S.R. 195, 50 L.R.A. 64; Isenhour v. State, 157 
Ind. 619, 62 N.E. 40, 87 A.S.R. 228, Lee V. Marsh 230 Pa. 351, 
79 A. 564; State v. Morse, 84 Vt. 387, 80 A. 189, 34 L.R.A. (N.S.) 
190, Ann. Cas. 1913 B 218; State v. Snyder 131 La. 145, 59 So. 
44; Hawkins v. Hoye, 108 Miss. 282, 66 So. 741; Horn v. State, 
17 Ala. App. 419, 84 So. 883; State v. Wood, 51 S. D. 485, 215 
N.W. 487, 54 A.L.R. 719; State v. City of Van Wert 126 Oh. St. 
78, 184 N.E. 12. When properly adopted as authorized by law, 
such rules and regulations will have the force and effect of law, 
and must be obeyed by all persons affected by them. Public 
Health Law by Tobey, Page 63, 1939 Edition; Polinsky v. People 
73 N.Y. 65; Cartwright v. Board of Health Cohoes 165 N.Y. 651, 
59 N.E. 1120 Belmont v. New England Brick Co., 190 Mass. 442, 
77 N.E. 504; State Board of Health v. Suslin, 132 La. 569, 61 So. 
661. 138 Tex. Cr. Appeals 269, 135 SW. (2nd) 718. Ex parte 
Lewis 42 S.W. (2nd) 21. 
Title 63, Section 4: It is the duty of the State Board of 
Health to take charge of districts or localities in the State 
infected with any contagious disease, and enforce such rules 
and prescribe such measures as may be deemed necessary to 
prevent the spread of the same or to suppress it. 
(See annotations in section 3, supra.) 
Title 63, Section 8: In each county, the County Superin- 
tendent of Public Health, who shall be a regular practicing phy- 
sician, shall have power to isolate persons infected with danger- 
ous and contagious diseases, and to do such other things, with 
the approval of the State Board of Health, as may be necessary 
for the preservation of the public health within the county. 
(Construed and applied in Silkett v. State, 29 Okl. Cr. 17, 232 
P. 127). See also annotations in Section 3, supra. 
Title 63, Section 19: County Superintendent of Public 
Health shall enforce the rules and regulations of the State Board of Health in the prevention of the spread of all infectious, con- 
tagious or epidemic diseases in his county, and shall investi- 
gate and examine into the causes thereof. 
Title 63, Section 10: In each incorporated town of the 
state, the town board of trustees shall constitute a board of 
health, and shall be under the supervision of the State Board of 
Health and the County Superintendent of Public Health. 
Title 63, Section 11: In cities in the State, the Mayor and 
Council shall constitute a Board of Health and have the power 
to appoint a City Superintendent of Public Health. The City 
Board of Health shall have the power to enforce all of the rules 
and regulations in regard to the public health therein. 
Title 63, Section 29; For conscious violation of any provi- 
sion of the health laws, or any lawful rule or regulation of the 
State Board of Health or any rule or regulation of any infer- 
ior board of health, herein authorized to be made, a person shall 
be guilty of a misdemeanor, and upon conviction, except as other- 
wise provided by law, shall be punished by a fine of not less 
than $lO.OO, and not more than $50.00 or imprisonment in the 
county jail not more than 30 days, or by both such fine and 
imprisonment. 
Title 63, Section 30: Any person who wilfully opposes or 
obstructs any health officer or physician charged with the en- 
forcement of the health laws, in performing any legal duty, is 
guilty of a misdemeanor. 
Note: Indictment and information must allege what rule of the 
Board of Health or State Health Commissioner has been violated. 
Silkett v. State, 29 Okl. Cr. 17, 232 P. 127. For cases on obstruct- 
ing justice see 12 A.L.R. 249. 
(b) RELATION TO PUBLIC HEALTH 
Title 63, Section 541; The words “venereal disease” shall 
include any and all diseases commonly communicable from any 
person to another person of the opposite sex through or by 
means of sexual intercourse and found and declared by medical 
science to be infectious and contagious. 
Rule 1. The State Board of Health finds that syphilis, 
gonococcus infection and chancroid, commonly referred to as 
“venereal diseases,” have been found and declared by medical 
science to be infectious, contagious and communicable, and, 
therefore, syphilis, gonococcus infection and chancroid are here- 
by declared to be infectious, contagious and communicable dis- 
eases, dangerous to the public health. 
Note: “Included among the so-called ‘venereal diseases’ are 
syphilis, gonorrhea, chancroid or soft chancre, lymphogranuloma 
venerum, and granuloma inguinale. In their acute stages all are 
dangerous communicable diseases; in either their acute or chronic 
stages, they are hazardous to health. “Theoretically, the venereal diseases should be controlled by health 
departments in the same manner that other contagious diseases 
are controlled. 
“Since all venereal diseases are unquestionably dangerous to the 
public health and welfare, reasonable legislative and administra- 
tive measures for their prevention and control are recognized as 
a valid exercise of the police power of the State.” Tobey Public 
Health Law, Page 162, 1939 Edition. 
(c) VENEREAL DISEASES ARE TO BE REPORTED 
Rule 6: All practicing- physicians in each county and city 
of this State shall make a written report of all cases of venereal 
disease diagnosed by them, or under their care, or of whom they 
may have knowledge, to the State Commissioner of Health on 
forms to be prescribed and furnished by the State Board of 
Health. Those physicians practicing in the jurisdiction of a 
whole-time health officer shall make reports upon the forms 
prescribed by the State Board of Health to the local health 
officer. The local health officer shall transmit all such reports 
to the State Commissioner of Health within twenty-four hours. 
All such reports shall be confidential. 
Title 63, Section 12: All practicing physicians in each 
county shall make a report to the County Superintendent of 
Health for such county upon forms to be prescribed and fur- 
nished by the State Board of Health, of all the cases of infec- 
tious and contagious diseases, such report shall be made by 
said physician as soon as the disease is discovered. Failure to 
so report is a misdemeanor. 
Note: “Prompt and accurate notification of the existence of a 
communicable (infectious and contagious) disease is one of the 
first requisites for its proper control. This principle has been 
recognized since 1883.” Tobey Public Health Laws, Page 134, 
1939 Edition. 
Title 63, Section 13: Every physician in any city shall 
make a report to the City Superintendent of Public Health, upon 
forms prescribed and furnished by the State Board of Health, 
of all cases of infectious and contagious diseases, as soon as 
discovered by him or coming to his knowledge. Failure to re- 
port is a misdemeanor. 
Note; See above Section for annotation. Also, “Laws, ordi- 
nances and regulations of this nature have been sustained by- 
courts of last resort on numerous occasions.” Review of Court 
Decisions Pertaining to Morbidity Reports, Public Health 43:3369, 
Dec. 21, 1928. 
(d) REPORTS TO BE CONFIDENTIAL 
Title 63, Section 549: All records provided for herein to 
be filed and kept shall not be exposed to any person other than 
the health authorities or when properly ordered by court of com- petent jurisdiction to be used as evidence in such court. Viola- 
tion of this provision is a misdemeanor. 
See Rule 6 (c) above 
Note: “Reports of communicable diseases received and recorded 
by health departments are administrative records and not public 
records, unless a statute authorizes to the contrary, all reports 
are confidential and may not be revealed to any person, associa- 
tion, corporation, or private agency.” Tobey Public Health Law, 
Page 137, 1939 Edition. 
Title 63, Section 547: All institutions, whether penal or 
eleemosynary, and whether public or private, shall make and 
preserve for a period of at least one year, a record of all infected 
persons of the inmates of such institution that may come to 
their knowledge, and shall submit such record for the inspection 
of the health authorities in the state. 
(e) EXAMINATION 
Title 63, Section 20: Upon receiving information that there 
is any case of infectious or contagious disease in the state, the 
State Commissioner of Health, if upon investigation he deems 
it necessary, or some competent physician or health officer or- 
dered by him, shall proceed immediately to said place and in- 
vestigate the reported case and take such legal steps necessary 
to protect the public health of the state of such locality. 
Rule 2; Prostitution is declared to be the most prolific 
source of venereal diseases and the repression of prostitution is 
declared to be a public health measure. Local and State Health 
Officers and their duly authorized representatives are empower- 
ed and directed to use every proper means to aid in suppressing 
the same, and such health officers are further directed to co- 
operate with the proper officials in the enforcement of laws, 
rules and regulations directed against prostitution. 
Rule 4, Section 2 (a) : To make examinations of all per- 
sons reasonably believed by them to be infected with syphilis, 
gonococcus infection, chancroid, or other infectious venereal dis- 
eases, and to detain such persons until the results of such ex- 
aminations are known. Owing to the prevalence of such diseases 
among prostitutes, pimps and other promiscuous persons, all such 
persons may be considered in the above class. 
Title 63, Section 542: It is unlawful for any person, being 
an infected person, to refuse, fail, or neglect to report such fact 
to, and submit to examination and treatment by, some reputable 
physician. This Section prescribes penalty for violation. 
Rule 3: Persons believing themselves to be infected with 
venereal disease are required forthwith to place themselves under 
the care and treatment of a legally qualified practitioner of medicine or shall report to the local or State Health Officer to 
determine whether or not such infection exists. 
Title 63, Section 548 (as amended by H. B. 37, 1943): The 
keeper, manager, guard, or person in control of every prison or 
penal institution in this State, shall cause to be examined every 
person confined in such prison or penal institution after convic- 
tion for any offense, to determine whether such person is an 
infected person. State and local health officers, or their au- 
thorized deputies who are physicians, are empowered to ex- 
amine those who are arrested by lawful warrant for vagrancy, 
prostitution, rape, or other sex crimes for the purpose of deter- 
mining if they are infected with venereal disease. Every such 
person shall submit to such examination and permit specimens 
to be taken for laboratory examinations. Such person may be 
detained until the results of such examination are known. The 
required examination shall be made by the health officer, or, at 
the option of the person to be examined, by an approved licensed 
physician. All persons found to be infected with a venereal dis- 
ease shall be treated by the local health officer or a licensed 
physician until said person is non-infectious or dismissed by 
said physician. In the event such person infected with venereal 
disease refuses or fails to submit to treatment, then said person 
may be quarantined for the purpose of treatment and reported 
to the State Board of Health. 
Title 63, Section 549: See (d) above. 
(f) PRENATAL EXAMINATION LAW 
Title 63, Section 550: Every physician attending a preg- 
nant woman in the State during gestation shall, in the case of 
each woman so attended, at her request or with her consent, 
take or cause to be taken a sample of blood of such woman at 
the time of first examination, and submit such sample to an 
approved laboratory for a standard serological test for syphilis. 
Every other person permitted by law to attend upon pregnant 
women in the State, but not permitted by law to take blood tests, 
shall cause the blood of such pregnant woman to be taken by a 
duly licensed physician and submitted to an approved labora- 
tory for a standard serological test for syphilis. The term “ap- 
proved laboratory” means a laboratory approved for this pur- 
pose by the State Commissioner of Health. A standard sero- 
logical test for syphilis is one recognized as such by the State 
Commissioner of Health. Such laboratory tests as are required 
by this Act shall be made on request without charges by the 
State Department of Public Health. 
Title 63, Section 551: In reporting every birth and still- 
birth, physicians and others permitted to attend pregnancy cases 
and required to report births and stillbirths shall state on the certificate of birth whether a blood test for syphilis has been 
made during such pregnancy upon a specimen of blood taken 
from the woman who bore the child for which a birth or still- 
birth certificate is filed and, if made, the date when such test 
was made, and, if not made, the reason why such test was not 
made. Such information shall be in addition to that required 
to be included in certificates of birth by Section 4509. Okla- 
homa Statutes 1931. In no event, however, shall the certifi- 
cate of birth state the result of the test herein required. 
(g) TREATMENT 
Title 63, Section 542; See (e) above. 
Title 63, Section 545; Any person not a physician, who 
undertakes to treat or cure any infected person for pay, un- 
less acting under the direction and control of a physician, shall 
be guilty of a misdemeanor, provided, however, that any per- 
son infected applying to any physician in the state shall receive 
the treatment provided for by law, regardless of his ability to 
pay. 
Title 63, Section 547: Any and all institutions in the state, 
whether penal or eleemosynary, and whether public or private, 
shall furnish a physician and all proper medicines, instruments 
and apparatus for the proper treatment of such infected person. 
Title 63, Section 548: See (e) above. 
Title 63, Section 549: See (d) above. 
Rule 4, Section 2 (b): And thereupon cause to be admin- 
istered to such a person, or persons, a proper course of treat- 
ment. 
Title 63, Section 544: Any physician who shall, after hav- 
ing knowledge or information that any person is or may be an 
infected person, sell, give or furnish to such infected person a 
discharge from treatment, or written instrument or statement 
pronouncing such infected person cured, before such infected 
person is actually cured, shall be guilty of a misdemeanor. 
(h) QUARANTINE 
Rule 4, Section 2 (b) : To isolate such of these persons con- 
cerning whom no different procedure is provided by law when- 
ever in the opinion of the local health officer, deputy state health 
officer, or the State Health Commissioner, isolation is necessary 
to protect the public health. In establishing isolation, the health 
officer shall define the place and the limits of the areas in which 
such person or persons may be isolated, and no person other than 
the attending physician shall enter or leave the area of isolation 
without the permission of the health officer having jurisdiction; and thereupon, cause to be administered to such person, so iso- 
lated, a proper course of treatment. Provided that a woman 
may be quarantined and isolated at the Oklahoma Rapid Treat- 
ment Hospital, Rush Springs, Oklahoma, or any other suitable 
place that may be hereinafter approved by the State Commis- 
sioner of Health. Provided, however, that nothing contained 
herein shall be construed so as to prevent any municipality from 
designating a proper place for the isolation and treatment of 
such persons under and by virtue of any local authority. 
Title 63, Section 12: Upon receiving report of case of in- 
fectious and contagious diseases in the county, the County Su- 
perintendent of Public Health shall issue an order of quarantine 
in such form as may be stipulated by the rules and regulations 
of the State Board of Health, requiring such local Board of 
Health to serve a copy thereof upon such infected person and 
upon the person having charge of such infected person, in the 
same manner as criminal processes are served. All other per- 
sons exposed to such infectious or contagious disease, who shall 
leave the place where he has been isolated, without the consent 
of the health authorities, shall be guilty of a misdemeanor. 
Confined or isolated persons shall not be released from isolation 
or quarantine without an order from the County Superintendent 
of Public Health. Upon discovery of a case of infectious disease, 
a physician shall have the power to place in effect a temporary 
quarantine until the proper authority can order a quarantine. The 
same penalty provided for violation of an order of quarantine 
shall be enforced against the violation of an order of quarantine 
of the health authorities made by such physician. 
Title 63, Section 14: The same provisions as provided in 
Title 63, Section 12 are provided for cases of quarantine in cities. 
Title 63, Section 547: All penal or eleemosynary institu- 
tions in the state shall isolate and separate all infected persons 
from all other persons in such institutions. 
Title 21, Section 1195: Every person who, having been 
lawfully ordered by any health officer to be detained in quar- 
antine and not having been discharged, leaves the quarantine 
grounds or wilfully violates any quarantine law or regulation, 
is guilty of a misdemeanor. 
Note: Persons restrained by local health officers not entitled 
to discharge on habeas corpus, but it is the proper method to 
inquire into the legality of restraint. See (a) above for authori- 
ties listed. 
(i) INFECTING OR EXPOSING ANOTHER TO 
INFECTION 
Title 63, Section 12: Persons confined or isolated by order 
of the local board of health shall not be released or relieved of such isolation or quarantine without an order from the County 
Superintendent of Public Health. 
Title 63, Section 14: This contains the same provisions 
as are contained in Title 63, Section 12 above for confined or 
isolated persons in cities. 
Title 63, Section 24: If a prisoner in a jail, house of cor- 
rection, or workhouse has a disease which, in the opinion of any 
county or city superintendent of public health, or such other 
physician as they or either of them may consult, is dangerous 
to the safety and health of other prisoners or of the inhabitants 
of the town or city, such county or city superintendent of public 
health shall in writing direct his (or her) removal to a hospital 
or such other place of safety, there to be provided for and se- 
curely kept until it is further ordered. 
Title 63, Section 543: Any person who shall, after becom- 
ing infected and before being discharged and pronounced cured 
by a reputable physician in writing, marry any other person, or 
expose any other person by the act of sexual intercourse to 
such venereal disease, shall be guilty of a felony and upon con- 
viction shall be punished by confinement in the penitentiary 
for not less than one year nor more than five years. 
Title 63, Section 544: See (g) above. 
Rule 5: Persons quarantined or isolated under the provi- 
sions of the general statutes and/or these rules for the preven- 
tion, suppression, control and cure of venereal diseases shall be 
released only upon order of the local or county health officer, 
after receipt of a written report from the attending physician 
stating that the disease has terminated, or that the patient is 
in a non-infectious stage, and that the patient by reason thereof 
should be released. 
Title 21, Section 1224: Any person inoculated with syphilis 
or gonorrhea who spreads or causes to be spread to any other 
persons with intent to, or recklessly is responsible for the spread 
of or prevalence of such infectious disease, shall be deemed a 
felon, and upon conviction thereof shall be punished by impris- 
onment in the penitentiary for not more than five years nor less 
than two years. 
Title 21, Section 1199: Every person who wilfully exposes 
himself or another person, being infected with any contagious 
disease, in any public place or thoroughfare, except in his neces- 
sary removal in a manner not dangerous to the public health, 
is guilty of a misdemeanor. 
(j) ADVERTISING CURES 
The advertising of cures for venereal diseases is not pro- 
hibited in Oklahoma. (k) SALE OF REMEDIES WITHOUT 
PRESCRIPTION 
Title 63, Section 546: It is unlawful for any dealer to sell, 
furnish, or give to any infected person or to any other person 
whomsoever, any medicine of any kind that may be advertised 
or used for treatment of venereal diseases before requiring 
such person to produce and file with such dealer a proper pre- 
scription for such medicine, issued and signed by a reputable 
physician. Said prescription shall be kept on file for a period 
of one year. A violation of this provision shall be punished by 
fine of not less than $lOO.OO nor more than $500.00, or by con- 
finement in the county jail for a term of not less than thirty 
days and not more than six months, or by both such fine and 
imprisonment. This Section provides for the inspection of such 
records by health officers at reasonable hours. 
(1) REQUIREMENTS PERTAINING TO MARRIAGE 
This state does not require a certificate showing freedom 
from a venereal disease as a prerequisite to the issuance of a 
marriage license. 
Title 63, Section 543: See (i) above. 
Title 63, Section 544: See (g) above. 
(m) OPHTHALMIA NEONATORUM 
Title 63, Section 71: “Ophthalmia neonatorum” defined. 
Title 63, Section 72: It shall be the duty of any physician, 
surgeon, obstetrician, midwife, manager or person in charge of 
a maternity home or hospital or other public or private insti- 
tution in the State of Oklahoma, parent, relative or persons at- 
tendant on or assisting in any way whatsoever any infant, or 
mother of any infant at childbirth or any time within twenty- 
four hours after childbirth, knowing the conditions hereinabove 
defined to exist, to report within six hours and confirm such 
fact in writing within three days, to the local health officer of 
the county, city, town, magisterial district or whatever other 
political division there may be within which the infant or the 
mother of any infant may reside. 
On receipt of such report, the health officer or the physi- 
cian notified, where no health officer exists, shall immediately 
give to the parents or persons having charge of such infant, and 
shall for indigent cases provide the necessary treatment at the 
expense of said county, city or town. 
Title 63, Section 73: It shall be unlawful for any physician 
or midwife, osteopaths and chiropractors practicing midwifery 
to neglect, or otherwise fail to instill immediately upon its birth, in both eyes of the newborn child, a one percent solution of ni- 
trate of silver or other proven antiseptic, which shall be fur- 
nished by the State Board of Health in individual ampules con- 
taining- the proper solution and quantity for one treatment in 
both eyes. Should a physician or the parents of said child deem 
it best for the interests of his patient not to use any prophy- 
lactic, he shall not be required to do so provided that he states 
fully in writing to the local health officer of the county, city, 
town, magisterial district or whatever other political division 
there may be within which the infant or the mother of any in- 
fant may reside, within three days from the birth of said child, 
his reasons for not doing so. 
Title 63, Section 74: Every physician or midwife shall, in 
making a report of a birth, state whether or not the above solu- 
tion was instilled into the eyes of said infant. 
Title 63, Section 75: It shall be the duty of the local health 
officer: 
1. To investigate, or have investigated, each case reported 
ophthalmia neonatorum as shall have been filed with him in 
pursuance of the law, and such other cases as may be brought 
to him. 
2. To report to the State Board of Health all cases of in- 
flamation of the eyes of the newborn and the result of all such 
investigations in such form as the State Board of Health may 
prescribe and direct. 
3. To conform to such other rules and regulations as the 
State Board of Health shall designate and promulgate for fur- 
ther guidance. 
Title 63, Section 76: It shall be the duty of the State Board 
of Health: 
1. To enforce the provisions of this Act. 
2. To promulgate such rules and regulations as shall, un- 
der this Act, be necessary to secure the purposes of this Act, 
and which the Board may deem necessary for the further and 
proper guidance of local health officers. 
3. To provide for the gratuitous distribution of silver ni- 
trate outfits, in individual ampules, containing a one percent 
solution with proper directions for the use and administration 
thereof, to all physicians and midwives as may be engaged in 
the practice of obstetrics or assisting at childbirth. Such di- 
rections may be printed in foreign languages in the discretion 
of the State Board of Health. 
Title 63, Section 77: Whoever, being a physician, surgeon, 
obstetrician, midwife manager or person in charge of a mater- 
nity home or hospital, or public or private institution in the State of Okahoma, violates any of the provisions of this Act, 
shall be deemed guilty of a misdemeanor and upon conviction 
thereof shall be fined not less than $50.00 nor more than SI,OOO 
for the first offense, and not less than SIOO.OO nor more than 
$2,000.00 for subsequent offenses. 
Title 63, Section 78: Nothing in this Act shall be construed 
to compel persons or parents to conform to same, who have re- 
ligious beliefs contrary to the use of medicines. 
(n) RULES OF THE STATE BOARD OF HEALTH OF 
OKLAHOMA, FOR THE PREVENTION AND 
CURE OF VENEREAL DISEASES, THE PRE- 
VENTION OF THEIR SPREAD, AND FOR THE 
QUARANTINE OF INFECTED PERSONS. 
Rule 1: The State Board of Health finds that syphilis, 
gonococcus infection and chancroid, commonly referred to as 
“venereal diseases,” have been found and declared by medical 
science to be infectious, contagious and communicable, and, 
therefore, syphilis, gonococcus infection and chancroid are here- 
by declared to be infectious, contagious and communicable dis- 
eases, dangerous to the public health. 
Rule 2: Prostitution is declared to be the most prolific 
source of venereal diseases and the repression of prostitution 
is declared to be a public health measure. Local and state 
health officers, and their duly authorized representatives are 
empowered and directed to use every proper means to aid in 
suppressing the same, and such health officers are further di- 
rected to cooperate with the proper officials in the enforcement 
of laws, rules and regulations directed against prostitution. 
Rule 3: Persons believing themselves to be infected with 
a venereal disease are required forthwith to place themselves 
under the care and treatment of a legally qualified practitioner 
of medicine or to report to the local or state health officer for 
examination and treatment. 
Rule 4: Section 1: Local, county, and city health officers 
throughout the state, and deputy state health officers appointed 
for that purpose are hereby authorized and directed to use every 
available means to ascertain the existence of and immediately 
investigate all suspected cases of syphilis in communicable form, 
gonococcus infection, or chancroid, or other venereal diseases 
within their respective jurisdictions and to ascertain the sources 
of such infections. 
Rule 4: Section 2: In such investigations said local health 
officers, deputy state health officers, or their duly authorized 
representatives, are hereby vested with full powers of inspec- 
tion, examination, isolation and disinfections of all places, per- sons and things, and as such inspectors said local health of- 
ficers, or their duly authorized representatives, who are physi- 
cians, are hereby authorized: 
(a) To make examinations of all persons reasonably be- 
lieved by them to be infected with syphilis, gonococcus infection, 
chancroid, or other infectious venereal diseases, and to detain 
such persons until the results of such examinations are known. 
Owing to the prevalence of such diseases among prostitutes, 
pimps and other promiscuous persons, all such persons may be 
considered in the above class. 
(b) To isolate such of these persons concerning whom no 
different procedure is provided by law whenever in the opinion 
of the local health officer, deputy state health officer, or the 
State Health Commissioner, isolation is necessary to protect the 
public health. In establishing isolation, the health officer shall 
define the place and the limits of the areas in which such person 
or persons may be isolated, and no other person other than the 
attending physician shall enter or leave the area of isolation 
without the permission of the health officer having jurisdiction, 
and thereupon, cause to be administered to such person, so iso- 
lated, proper course of treatment. Provided that a woman may 
be quarantined and isolated at the Oklahoma Rapid Treatment 
Hospital, Rush Springs, Oklahoma, or any other suitable place 
that may be hereinafter approved by the State Commissioner 
of Health. Provided, however, that nothing contained herein 
shall be construed so as to prevent any municipality from 
designating a proper place for the isolation and treatment of 
such persons under and by virtue of any local authority. 
Rule 5: Persons quarantined or isolated under the provi- 
sions of the general statutes and/or these rules for the preven- 
tion, suppression, control and cure of venereal diseases shall be 
released only upon order of the local or county health officer, 
after receipt of a written report from the attending physician 
stating that the disease has terminated, or that the patient is 
no longer infectious or likely to become so. 
Rule 6: All practicing physicians in each county and city 
of this State shall make a written report of all cases of venereal 
disease diagnosed by them, or under their care, or of whom they 
may have knowledge, to the State Commissioner of Health on 
forms to be prescribed and furnished by the State Board of 
Health. Those physicians practicing in the jurisdiction of a 
whole-time health officer shall make reports upon the forms 
prescribed by the State Board of Health to the local health of- 
ficer. The local health officer shall transmit all such reports 
to the State Commissioner of Health within twenty-four hours. 
All such reports shall be confidential. 
Rule 7: No person suffering from or infected with the 
communicable form of a venereal disease shall engage in any occupation involving intimate contact with children, or in the 
occupation of nurse, domestic servant, barber, hairdresser, chi- 
ropodist, manicurist, bath attendant or masseur. 
Rule 8: Every physician who examines or treats a per- 
son having a venereal disease shall give or arrange for the in- 
struction of such persons in measures for preventing the spread 
of such diseases, and regarding the necessity of treatment there- 
for until cured. 
Rule 9: All county and city health officers shall do every- 
thing possible to promote public understanding of the venereal 
diseases and the means for their control and prevention. 
Rule 10: Standards which shall govern in determining the 
infectivity of and the period of control and treatment of per- 
sons suspected of being infected, or having been found to be 
infected with a venereal disease: 
A. Acute and Chronic Gonorrhea: 
(a) A diagnosis of infectious gonorrhea will only be established 
when a person with or without (gonococcus carrier) clinical 
signs, symptoms and history of acute gonorrhea is found to 
have positive laboratory findings, such as: 
1. Typical culture of gonococcus. 
2. A positive smear of gram negative intracellular diplo- 
cocci typical of gonococcus in form and arrangement. 
(b) The period of control and treatment in all cases of gonor- 
rhea shall be based upon the following criteria for cure: 
Male: 
1. Freedom from discharge. 
2. Clear urine. 
3. Urethral smear (Gram’s strains) must be negative 
for gonococci on two successive examinations at in- 
tervals of not less than forty-eight hours. 
4. Prostatic smears negative to gonococci on two suc- 
cessive tests. 
5. Provocative measures, if used, (injection of silver 
nitrate following passage of urethral sounds) should 
result in negative smears on examination of the dis- 
charge. 
6. Cultures negative whenever the facilities for doing 
same are available. 
Female: 
1. No unusual vaginal discharge. 
2. Two successive negative examinations for gonococci 
of the secretions of the urethra, vagina and of the 
cervix with an interval of at least forty-eight hours, 
and repeated for four successive weeks, unless a 
shorter interval in the opinion of the health officer 
would be sufficient. These smears should be taken 
from the secretions of Skenes or Bartholin’s glands, 
from the secretions expressed from the urethra and from the cervix after all secretions have been mop- 
ped away from the external os. 
3. Provocative measures, if used, (injection of silver 
nitrate following passage of urethral sounds) should 
result in negative smears on examination of the dis- 
charge. 
4. Cultures negative whenever the facilities for doing 
same are available. 
B. Syphilis: 
(a) Classifications: 
The classification of syphilis which is set up as a standard 
for all cases of syphilis reported by private physicians and 
clinics to the Oklahoma Department of Public Health as 
follows: 
1. Primary—(Chancre present) 
2. Secondary—(Skin, mucous membrane, alopecia 
Early eye infection 
Early central nervous system) 
3. Early latent (Asymptomatic) of four years or less 
duration. 
4. Late latent (Asymptomatic) of more than four years 
duration. 
5. Cardiovascular—Uncomplicated aortitis 
Aortic regurgitation 
Aneurysm 
Other, or undetermined 
6. Neurosyphilis—Asymptomatic—spinal fluid changes 
only 
Tabes dorsalis 
Paresis 
Other, or undetermined 
7. Late Syphilis other than above 
Skin Liver 
8. Prenatal—(Congenital—Infected before birth. Clinical 
or laboratory evidence.) 
Interstitial Keratitis 
Other, or undetermined. 
Bone Other Visceral 
(b) Diagnosis: 
A diagnosis of infectious or early syphilis will only be es- 
tablished when a person with or without clinical signs, symp- 
toms and history, is found to have positive laboratory find- 
ings as follows: 
1. Darkfield examination reveals Treponema pallidum. 
2. Positive serological test by a method appi’oved by 
the Oklahoma Department of Public Health. 
A diagnosis of late syphilis will only be established when 
a person with or without clinical signs, symptoms and his- 
tory, is found to have positive laboratory findings as follows; 
Positive blood serology findings, and/or a positive spinal 
fluid examination. 
Persons with positive blood serology are regarded as in- 
fectious when late manifestations (such as gumma) have 
broken down as open sores. (c) The period of control and treatment in all cases of syphilis 
shall be based upon the following. 
1. A case may be considered non-infectious when the 
patient has received a minimum amount of continuous 
uninterrupted treatment of twenty intravenous in- 
jections of an arsenical and twenty intramuscular in- 
jections of a heavy metal, or an equivalent amount of 
oral treatment. 
2. When there is an absence of signs and symptoms of 
infective syphilis, such as ulcers, discharging lesions, 
and condylomata. 
3. When negative blood serology tests and spinal fluid 
tests, approved by the Oklahoma Department of Pub- 
lic Health, are obtained. 
4. Wassermann resistant, or Wassermann fast cases will 
be considered non-infectious only if they have re- 
ceived a minimum of two years of continuous, uninter- 
rupted treatment. 
C. Chancroid: 
(a) A diagnosis of chancroid will only be established when a 
person with or without clinical signs, symptoms, and his- 
tory, is found to have the following criteria: 
1. A positive smear for Ducrey organisms. 
2. Positive Ducrey skin reaction. 
3. Negative Darkfield. 
4. Negative Wassermann. 
5. Negative Frei Test. 
(b) Treatment: 
Cases of chancroid shall be kept under control and treat- 
ment until all ulcers and discharging bubos are fully healed. 
D. Lymphogranuloma Venereum: 
(a) A diagnosis of lymphogranuloma venereum will only be es- 
tablished when a person with or without signs, symptoms, 
and history is found to have: 
1. A positive Frei test. 
2. A negative Darkfield. 
3. Negative blood serology. 
(b) Treatment; 
Lymphogranuloma venereum shall be kept under control 
until all skin lesions are fully healed. 
E. Granuloma Inguinale: 
(a) A diagnosis of granuloma inguinale will only be established 
when a person with or without clinical symptoms, signs and 
history is found to have: 
1. Laboratory findings of typical Donovan-like bodies. 
2. Negative Darkfield. 
3. Negative blood serology. 
(b) Cases of granuloma inguinale shall be kept under control 
and treatment until all skin lesions are fully healed. ARTICLES OF INSTRUCTION AND PROCEDURE 
(To be Attached to the Rules and Regulations on Venereal 
Diseases of the State Board of Health) 
RESOLVED, by the State Commissioner of Health of the 
State of Oklahoma, That the procedure outlined in the following 
Articles of Instruction, numbered from one to twelve, be, and 
the same are hereby adopted as the official procedure to be fol- 
lowed by all local health officers of the State when information 
reaches them concerning the existence of a case of venereal dis- 
ease, and that all local health officers be, and the same are here- 
by directed to follow this procedure and investigate all informa- 
tion received concerning the existence of cases of venereal dis- 
ease, and take appropriate action in each case to protect the pub- 
lic health. 
1. When a duly qualified physician reports a case of ve- 
nereal disease by number and withholds the name of the patient, 
it is understood that the physician accepts responsibility for the 
conduct of the patient, and the health officer should transmit 
all such reports to the State Commissioner of Health. Should 
information reach the local health officer, through channels 
other than a physician’s report, that the conduct of a patient 
whose case has been reported by number is such as to expose 
others to infection, it is the duty of the health officer to take 
appropriate action to protect the public health, even though such 
action should require quarantine of such infected person. 
2. When the names and addresses of persons infected with 
venereal disease are reported by physicians, the procedure adopt- 
ed should be such as will extend every proper courtesy to the 
physician making the report, duly respect the confidential na- 
ture of the information and adequately protect the public health. 
Should the report be made direct to the local health officer, it is 
advisable to see the physician personally, if practicable, and get 
all the information possible as to the character of such infected 
person and the likelihood that the patient’s conduct may be such 
as might spread the disease to others. 
3. After a talk with the attending physician, if an inter- 
view with the patient is deemed necessary, a private interview 
should be sought at the earliest opportunity. The purpose of 
the interview should be disclosed to no one except the patient. 
The provisions of the state regulations and local ordinance, if 
any has been passed, should be carefully explained so that the 
patient may fully appreciate the powers which the health officer 
may exercise under such regulations. It is probable that a plain 
talk of this kind, in which the patient is given to understand 
that he or she must follow instructions or they may be placed 
under quarantine by the health officer, will be sufficient to de- 
ter them from exposing others. If not, in order to protect the public health, it is the duty of the health officer to institute 
quarantine without delay. 
4. When the persons whose names are reported as having 
venereal diseases are known to the health officer to be prosti- 
tutes or pimps, or to be engaged in promiscuous sex activities 
and cannot be trusted to protect others from exposure to infec- 
tion, it shall be the duty of the health officer to take such steps, 
including quarantine, to protect the public health as are not in- 
consistent with procedures required by existing law. In all cases 
where quarantine is instituted, the health officer will wish to 
satisfy himself as to the accuracy of the diagnosis. 
5. Before deciding to quarantine a person infected with 
venereal disease, the health officer should study the facts in the 
case to determine the best method of handling the individual 
case. It is not desired to place the expense of maintaining and 
treating such persons for a considerable period upon the public 
unless such step is necessary to protect the public health. On 
the other hand, it is highly desirable that every person infected 
with venereal disease who is a menace to the public health while 
at liberty, should be placed in quarantine. 
6. The health officer should examine promptly and thor- 
oughly by both clinical and laboratory methods, all persons re- 
ferred by peace officers as persons whose behavior furnishes 
reasonable grounds for believing that they are infected with a 
venereal disease, and take appropriate action to protect the pub- 
lic health in all cases found to be infected. 
7. An official inquiry concerning all persons having pur- 
chased drugs for the treatment of venereal disease should be 
promptly made by the health officer or his representative, to 
determine if such person is conducting himself or herself in a 
manner prejudicial to the public health. Measures for the treat- 
ment or quarantine of such individuals should be conditioned 
upon the results of such inquiry. In no case should the health 
officer himself treat such persons for pay, as this will cause 
his motives to be suspected. 
8. When there is reason to believe that a person is a men- 
ace to the public health, such person may be apprehended by a 
peace officer upon an order issued by a health officer. Such an 
order continues the authority of the peace officer or health of- 
ficer for detaining the suspected person until the medical exami- 
nation has been completed. 
9. When a health officer orders persons placed in quaran- 
tine for venereal disease at the Oklahoma Rapid Treatment Hos- 
pital, Rush Springs, Oklahoma, for women, the actual transfer to 
the place of quarantine will be made by a peace officer or health 
officer. A quarantine order issued by the health officer au- thorizes both transfer to place of quarantine and detention under 
quarantine until the patient may be released as non-infectious. 
10. All reports of venereal disease are required to be con- 
fidential and all administrative measures for the control of ve- 
nereal disease should be carried out with as little publicity as 
possible. Publicity may be most embarrassing- to innocent mem- 
bers of the family. 
11. Information concerning the presence of venereal dis- 
ease may often reach the health officer through channels other 
than official. Private citizens or representatives of certain so- 
cieties or civic organizations may report cases, and it is the duty 
of the health officer to carefully investigate all cases so report- 
ed. Should the investigation furnish evidence that seems suf- 
ficient, the health officer should either persuade the suspected 
persons to submit to an examination or issue a pick-up order to 
be served by a peace officer. All cases should be dealt with in 
a manner that will safeguard both the rights of the individual 
and the public health. 
12. When persons who have previously been quarantined 
for venereal disease become reinfected, it may be advisable to 
have them prosecuted, if the evidence of violation of law is suf- 
ficient, and sent to prison under a court order if the period of 
detention for such offense be for a longer period than is possible 
under a quarantine order of the health officer. It is the duty 
of all health officers to cooperate fully with the courts and with 
peace officers in the repression of prostitution, which is recog- 
nized as the most prolific source of venereal disease. 
WHEREAS, the necessity for the protection of the public 
health from all infectious, contagious and communicable dis- 
eases, including the venereal diseases, is accentuated by the lo- 
cation of large bodies of soldiers and sailors in this State, by 
the authority vested in me by the laws of the State of Okla- 
homa, I have this day adopted the foregoing rules and regula- 
tions for the control and suppression of all infectious, contagious 
and communicable venereal diseases, together with articles of 
instructions as to procedure for local health officers. 
ADOPTION AND REPEAL 
It is ordered that the foregoing rules, regulations and ar- 
ticles of instruction as to procedure, governing the safeguarding 
of the public health of Oklahoma, be and the same are hereby 
adopted. 
All previous rules and regulations in conflict with the fore- 
going rules and regulations are hereby repealed. IN WITNESS WHEREOF, I have hereunto affixed my of- 
ficial signature and attested the same with the seal of my office 
on this 25th day of January, 1944, in the city of Oklahoma City, 
the Capital of Oklahoma. 
G. F. Mathews, M.D. 
State Commissioner of Health. A D D E IT D A 
Since compiling the above laws, rules, regulations and instructions, two 
questions have arisen, to-wit: 
First, under what authority are peace officers governed in the enforcement 
of rules and regulations of the State Board of Health, or local health authorities? 
Title 63, Section 15, Oklahoma Statutes reads1 afollows? 
'’Section 15. OFFICERS OR DEPUTIES MAY SERVE ORDERS OR HEALTH OFFICERS OR 
BOARDS,-- Orders made and issued by the county superintendent of -public 
health, or the townshi-D or town board of health, may be served by the 
sheriff of the county, or any of his deputies, or by the constable of such 
township or any of their deputies, or by any person a resident of said 
county, authorized so to do by the president, or in his absence, any member 
of the township board of directors. Orders made and issued by the county 
superintendent of public health or the town board of health, may be served 
by the sheriff of the county, or by any of his deputies, or by the town 
marshal or any peace officer of the town, or any person authorized so to 
do by the president of the board of directors, or in his absence, any member 
of the said board of directors of said town. Orders made and issued by the 
city superin,.tendent of public health, or the mayor and council as the city 
board of health, may be served by the city marshal, or the chief of police 
of said city, or any policeman or other peace off! cer of said city, or any 
constable of said city, or any person deputized by the mayor, or in his ab- 
sence, by the president of the council; and any such officer herein autho- 
rized to serve such orders as herein provided, or any person deputized to 
serve such orders as herein provided, shall have all the powers of a peace 
officer in the performance of his duties." R, L. 1910, Sec, 6798. 
Lews 1907-OS, p. 7125 0, S. 1921, Sec. 8679; St, 1931. Sec. *4*455. 
Title 63, Section 21, Oklahoma Statutes 19*41 reads as follows: 
"Section 21. PEACE OFFICERS TO ASSIST HEALTH OFFICERS, The State Com- 
missioner of Health hnd the county superintendent of public health in each 
county shall have the right, and it shall be their duty, to call upon the 
sheriff of the county, or any constable of the county, the chief of police 
or marshal of any municipalities, where any contagious or infectious disease 
is discovered or located, to assist in the isolation and quarantine of the 
person having such contagious and infectious disease, and all persons exposer' 
to said disease and liable to spread said disease, and it shall be the duty 
of any such officer to assist such health officer and to arrest any and all 
persons, with or without warrants, who violate any of the rules prescribed b; 
the State Board of Health in reference to quarantine regulations. R, L, 
1910, Sec, 68OU, 
Laws 1907-08, p. 7IU; C. S, 1921, Sec. 8685; St. 1931, Sec. UU6O, 
Sheriff and Constables. 
Second, County Attorneys must assist health boards in the enforcement of 
health laws, rules and regulations. See Title 63, Section 31. Oklahoma Statutes 
which reads as follows: 
"Section 31* COUNTY ATTORITEY TO ASSIST HEALTH BOARDS, It shall be the 
duty of the county attorney of each county to defend said boards of health 
in any suits against them and to prosecute any person who shall violate the 
provisions of this Article, and he shall file and prosecute appropriate judi- 
cial proceedings in the name of the State on request of the State Commission 
of Health, R. L. 1910, Sec. 681*4, 
1, R, L. 1910, ch, 67, art. 1, incorporated in this title. 
Laws 1907-08, p. 716; C. S. 1921, Sec. 8695; St. 1931, Sec. *4*170. 
District and Prosecuting Attorneys,