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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1172 By: Stark
AS INTRODUCED
An Act relating to crimes and punishments; making
certain acts unlawful; providing exceptions;
providing penalties; defining terms; 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 650.12 of Title 21, unless there
is created a duplication in numbering, reads as follows:
A. It shall be unlawful for a health care provider, in the
course of participating in or overseeing a professional instruction
or clinical training program, or a student undertaking a course of
instruction or participating in a clinical training or residency
program for a profession, to perform a breast, pelvic, urogenital,
prostate, or rectal examination on a patient who is anesthetized or
unconscious, unless one of the following conditions is met:
1. The patient or authorized representative of the patient has
provided prior written informed consent to the examination, and the
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examination is necessary for preventative, diagnostic, treatment, or
educational purposes;
2. The patient or authorized representative of the patient has
provided prior written informed consent to a surgical procedure or
diagnostic examination to be performed on the patient, and the
performance of the examination is within the scope of care ordered
for that surgical procedure or diagnostic examination;
3. An emergency exists, it is impracticable to obtain written
informed consent, and the examination is necessary for diagnostic or
treatment purposes; or
4. A court has ordered the performance of the examination for
the purpose of the collection of evidence.
A health care provider or student who violates the provisions of
this section shall, upon conviction, be guilty of a felony
punishable by imprisonment in the custody of the Department of
Corrections for a term of not more than five (5) years, or a fine of
not less than Twenty Thousand Dollars ($20,000.00), or by both such
fine and imprisonment. In addition to the penalties provided for in
this subsection, the person shall be subject to penalties
established pursuant to law by the licensing board which has
authority to regulate the health care provider or student.
B. As used in this section:
1. "Authorized representative" means an individual who is
authorized to make health care decisions for or exercise rights on
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behalf of the patient including, for a patient who is under eighteen
(18) years of age, the parent or legal guardian of the patient;
2. "Health care provider" means a person who is licensed,
certified, or otherwise authorized by the laws of this state to
administer health care in the ordinary course of business or
practice of a profession;
3. "Patient" means an individual under the care of a health
care provider or authorized representative;
4. "Student" means an individual currently enrolled in an
approved medical college, education program, or training program;
and
5. "Written informed consent" means the written consent of a
patient to the performance of an examination after the patient has
received a description of the examination, the purpose for providing
the examination, and any risks or alternatives to the examination so
that a reasonably prudent patient may make an informed decision as
to the examination.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10116 GRS 01/07/25