1. A. Every law enforcement officer who, in the regular course of duty, investigates or receives a report of a traffic accident resulting in injury to or death of a person or total property damage to an apparent extent of Five Hundred Dollars ($500.00) or more shall prepare a written report of the accident on the standard accident report form supplied by the Department. Such reports shall be forwarded forthwith by the Police Department or other agency to the Department of Public Safety.

2. B.

   1. 1. No public employee or officer shall allow a person to examine or reproduce an accident report or any related investigation report if examination or reproduction of the report is sought for the purpose of making a commercial solicitation. Any person requesting an accident report may be required to state, in writing, under penalty of perjury, that the report will not be examined, reproduced, or otherwise used for commercial solicitation purposes. It shall be unlawful and constitute a misdemeanor for any person to obtain or use information from an accident report or a copy thereof for the purpose of making a commercial solicitation.

   2. 2. As used in this subsection:

      1. a. "commercial solicitation" means any attempt to use, or offer for use, information contained in an accident report to solicit any person named in the report, or a relative of such person, to enter into a professional, business, or commercial relationship. "Commercial solicitation" does not mean publication in a legal newspaper, as defined in Section 106 of Title 25 of the Oklahoma Statutes, or broadcast by news media for news purposes, and
      2. b. "accident report" means any report regarding a motor vehicle accident or collision which has been submitted by an individual or investigating officer on a form prescribed or used by the Department of Public Safety or local police department.
   3. 3. Publication in a legal newspaper, as defined in Section 106 of Title 25 of the Oklahoma Statutes, or broadcast by news media for news purposes shall not constitute a resale or use of data for trade or commercial solicitation purposes. Because publication by a legal newspaper or broadcast by news media for news purposes is not a resale or use of data for trade or commercial purposes, an affidavit shall not be required as a condition for allowing a member of a legal newspaper or broadcast news media to examine or obtain a copy of an accident report.
   4. 4. The Department of Public Safety and local police departments shall include the following or a similar notice upon any copy of an accident report furnished to others: "Warning - State Law. Use of contents for commercial solicitation is unlawful."

3. C.

   1. 1. In addition to any other penalties or remedies provided by law:

      1. a. a violation of this section by a health care professional or health care provider shall be grounds for disciplinary action by the state agency licensing, certifying or registering such professional or provider, and
      2. b. the state agency licensing, certifying or registering such professional or provider may institute an action to enjoin violation or potential violation of this section.

   2. 2. As used in this subsection:

      1. a. "health care professional" means any person who offers or provides health care services under a license, certification or registration issued pursuant to Title 59 of the Oklahoma Statutes; and
      2. b. "health care provider" means any hospital or related institution who offers or provides health care services under a license issued pursuant to Section 1-702 et seq. of Title 63 of the Oklahoma Statutes.

Laws 1967, SB 214, c. 139, § 2; Amended by Laws 1980, HB 1870, c. 100, § 3, eff. October 1, 1980; Amended by Laws 1996, HB 1664, c. 232, § 1, eff. November 1, 1996; Amended by Laws 1998, HB 1665, c. 344, § 1, eff. November 1, 1998 (superseded document available); Amended by Laws 1999, HB 1037, c. 14, § 1, eff. November 1, 1999 (superseded document available); Amended by Laws 2000, SB 1434, c. 324, § 4, emerg. eff. July 1, 2000 (superseded document available).