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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1079 By: Hildebrant
AS INTRODUCED
An Act relating to vaccinations; creating the Vaccine
Transparency and Informed Consent Act; providing the
purpose; providing transparency and disclosure
requirements; providing for informed consent
standards; providing for civil penalties; requiring
confidentiality of records; providing for
severability; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7500 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the "Vaccine
Transparency and Informed Consent Act".
B. The purpose of this act is to ensure transparency in
vaccine-related health care practices and to establish informed
consent standards by requiring health care providers to disclose
comprehensive, evidence-based information regarding vaccines before
administration.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7501 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Before administering any vaccine, health care providers
shall provide the patient with a written document containing the
following:
1. A complete list of all ingredients in the vaccine, including
active and inactive components, consistent with the Centers for
Disease Control and Prevention (CDC) Vaccine Excipient and Media
Summary;
2. A summary of the testing and development process of the
vaccine, including but not limited to, clinical trial phases, study
size, and results related to safety and efficacy; and
3. A comprehensive outline of all known and potential health
and safety risks, including short-term and long-term side effects
reported in:
a. clinical trials,
b. post-market surveillance, including U.S. Department of
Health and Human Services and CDC Vaccine Adverse
Event Reporting System (VAERS) data,
c. information regarding any ethical considerations,
including the testing or use of fetal tissue cell
lines, animal-derived components, or other materials
deemed controversial during development or production,
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d. a clear statement regarding the availability of
exemptions under Oklahoma state law for religious,
medical, or personal beliefs, and
e. information on the National Vaccine Injury
Compensation Program (VICP) and patient rights
regarding injury claims.
B. The written document shall:
1. Be provided prior to administration of the vaccine; and
2. Include a statement that the patient has the right to
accept, decline, or defer the vaccine.
C. Health care providers shall:
1. Allow the patient sufficient time to review the materials;
and
2. Answer any questions in a clear and understandable manner
regarding vaccine risks, benefits, and ingredients.
D. Prior to administering any vaccine, health care providers
shall obtain the patient's written informed consent, which shall
include acknowledgment of the following:
1. Receipt and understanding of the materials provided under
subsection A of this section;
2. The patient's voluntary decision to accept, decline, or
defer the vaccine; and
3. Confirmation that the patient has had the opportunity to ask
questions and receive answers.
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E. Copies of the signed informed consent forms shall be
retained in the patient's medical record for a minimum of seven (7)
years.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7502 of Title 63, unless there
is created a duplication in numbering, reads as follows:
1. Any health care provider or institution found in violation
of this act shall be subject to:
a. a civil penalty of up to One Thousand Dollars
($1,000.00) per occurrence for failure to provide the
required transparency and disclosure documentation,
and
b. a civil penalty of up to Five Thousand Dollars
($5,000.00) per occurrence for administering a vaccine
without obtaining written informed consent;
2. Repeat violations may result in additional penalties,
including:
a. disciplinary action by the Oklahoma State Board of
Medical Licensure and Supervision or other relevant
regulatory authorities, and
b. suspension or revocation of licenses, where
applicable; and
3. Patients who believe this act has been violated may:
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a. file a formal complaint with the appropriate licensing
board, and
b. pursue civil action for damages in a court of law.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7503 of Title 63, unless there
is created a duplication in numbering, reads as follows:
All documentation, informed consent records, and related
materials shall remain confidential and protected under the Health
Insurance Portability and Accountability Act (HIPAA) and other
relevant state and federal privacy laws.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7504 of Title 63, unless there
is created a duplication in numbering, reads as follows:
If any provision of this act is found invalid, the remaining
provisions shall remain in full force and effect.
SECTION 6. This act shall become effective November 1, 2025.
60-1-11357 TJ 01/05/25