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ENGR. S. A. TO ENGR. H. B. NO. 1224 Page 1
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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 1224 By: West (Kevin), Maynard,
Adams, Stark, Chapman,
Staires, Jenkins, Olsen,
and Woolley of the House
and
Rosino, McIntosh, Bullard,
Jett, Deevers, Sacchieri,
Burns, Prieto, Guthrie,
Standridge, Grellner, and
Frix of the Senate
[ health care - protections to health care
institutions and health care *** codification -
effective date ]
AUTHOR: Add the following House Coauthor: Shaw
AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
and entire bill and insert
“An Act relating to health care; amending 63 O.S.
2021, Section 2602, which relates to minor self-
consent to health services; removing certain
prohibition on sharing of information; clarifying
provisions related to provider immunity and parental
notification; granting certain protections to parent
or legal guardian related to medical records;
providing exceptions; making language gender neutral;
updating statutory language and references; and
providing an effective date.
ENGR. S. A. TO ENGR. H. B. NO. 1224 Page 2
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2602, is
amended to read as follows:
Section 2602. A. Notwithstanding any other provision of law,
the following minors may consent to have services provided by health
professionals in the following cases:
1. Any minor who is married, has a dependent child, or is
emancipated;
2. Any minor who is separated from his or her parents or legal
guardian for whatever reason and is not supported by his or her
parents or guardian;
3. Any minor who is or has been pregnant, or afflicted with any
reportable communicable disease, drug and substance abuse, or
abusive use of alcohol; provided, however, that such self-consent
only applies to the prevention, diagnosis, and treatment of those
conditions specified in this section. Any health professional who
accepts the responsibility of providing such health services also
assumes the obligation to provide counseling for the minor by a
health professional. If the minor is found not to be pregnant nor
suffering from a communicable disease nor drug or substance abuse
nor abusive use of alcohol, the health professional shall not reveal
any information whatsoever to the spouse, parent or legal guardian,
without the consent of the minor;
4. Any minor parent as to his or her child;
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5. Any spouse of a minor when the minor is unable to give
consent by reason of physical or mental incapacity;
6. Any minor who by reason of physical or mental capacity
cannot give consent and has no known relatives or legal guardian, if
two physicians agree on the health service to be given;
7. Any minor in need of emergency services for conditions which
will endanger his or her health or life if delay would result by
obtaining consent from his or her spouse, parent, or legal guardian;
provided, however, that the prescribing of any medicine or device
for the prevention of pregnancy shall not be considered such an
emergency service; or
8. Any minor who is the victim of sexual assault; provided,
however, that such self-consent only applies to a forensic medical
examination by a qualified licensed health care professional.
B. If any minor falsely represents facts that he may would
authorize him or her to give consent under subsection A of this
section and a health professional provides health services in good
faith based upon that misrepresentation, the minor shall receive
full services without the consent of the minor’s parent or legal
guardian and the health professional shall incur no liability except
for negligence or intentional harm. Consent of the minor shall not
be subject to later disaffirmance or revocation because of his or
her minority.
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B. C. 1. The health professional shall be required to make a
reasonable attempt to inform the spouse, parent, or legal guardian
of the minor of any treatment needed or provided under paragraph 7
of subsection A of this section.
2. In all other instances in which a minor may consent to
services under this section, the health professional may, but shall
not be required to, inform the spouse, parent, or legal guardian of
the minor of any treatment needed or provided. The judgment of the
health professional as to notification shall be final, and his or
her disclosure shall not constitute libel, slander, the breach of
the right of privacy, the breach of the rule of privileged
communication, or result in any other breach that would incur
liability.
D. 1. Except as provided by paragraph 2 of this subsection:
a. the parent or legal guardian of a minor shall have the
right to access and review all medical records of the
minor, and
b. a health professional shall not prevent or restrict
access to the minor’s medical records by the parent or
legal guardian.
2. The provisions of paragraph 1 of this subsection shall not
apply to cases:
a. as described in paragraphs 1, 2, 5, and 6 of
subsection A of this section,
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b. where such access and review is prohibited by law, or
c. where the parent or legal guardian is the subject of
an investigation of a crime committed against the
minor child and a law enforcement official requests
that the information not be released.
E. Information about the minor obtained through care by a
health professional under the provisions of this act Section 2601 et
seq. of this title shall not be disseminated to any health
professional, school, law enforcement agency or official, court
authority, nonjudicial government agency, or official employer,
without the consent of the minor, except through court order or
specific legal requirements or if the giving of the information is
necessary to the health of the minor and public. Statistical
reporting may be done when the minor’s identity is kept
confidential.
F. The health professional shall not incur criminal liability
for action under the provisions of this act Section 2601 et seq. of
this title except for negligence or intentional harm.
SECTION 2. This act shall become effective November 1, 2025.”
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Passed the Senate the 6th day of May, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives
ENGR. H. B. NO. 1224 Page 1
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ENGROSSED HOUSE
BILL NO. 1224 By: West (Kevin), Maynard,
Adams, Stark, Chapman,
Staires, Jenkins, Olsen,
and Woolley of the House
and
Rosino, McIntosh, Bullard,
Jett, Deevers, Sacchieri,
Burns, Prieto, Guthrie,
Standridge, Grellner, and
Frix of the Senate
[ health care - protections to health care
institutions and health care payors – disclosure -
immunity from civil actions – exception - medical
practitioners - health care institutions - health
care payors - requirement - discrimination -
immunities - protections - disciplinary actions -
professional licensing board - state agency –
complaint - interference – rules – codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-728g of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this act, unless the context requires otherwise:
1. "Conscience" means the ethical, moral, or religious beliefs
or principles held by a medical practitioner, health care
institution, or health care payor. With respect to institutional or
corporate persons, as opposed to individual persons, the term is
determined by reference to that entity's or body's governing
documents, including but not limited to published ethical, moral, or
religious guidelines or directives, mission statements,
constitutions, articles of incorporation, bylaws, policies, or
regulations;
2. a. "Discrimination" means an adverse action taken
against, or a threat of adverse action communicated
to, a medical practitioner, health care institution,
or health care payor as a result of the medical
practitioner, health care institution, or health care
payor's refusal to participate in a health care
service on the basis of conscience including but not
limited to termination of employment, transfer from
current position, demotion from current position,
adverse administrative action, reassignment to a
different shift or job title, increased administrative
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duties, denial of staff privileges, denial of board
certification, loss of career specialty, reduction of
wages, benefits, or privileges, refusal to award a
grant, contract, or other program, refusal to provide
residency training opportunities, denial, deprivation,
or disqualification of licensure, withholding or
disqualifying from financial aid and other assistance,
impediment of the creation or improvement of a health
care institution or health care payor, impediment of
the acquisition or merger of a health care institution
or health care payor, the threat of any of the
preceding actions, or any other penalty, disciplinary,
or retaliatory action, whether executed or threatened.
b. The term does not include the negotiation or purchase
of insurance by a nongovernment entity;
3. "Health care institution" means a public or private
hospital, outpatient center for primary care, medical center,
physician organization, professional association, outpatient center
for surgical services, private physician's office, pharmacy, long-
term care facility, medical school, nursing school, medical training
facility, or any other entity or location in which health care
services are performed. The term includes but is not limited to
organizations, corporations, partnerships, associations, agencies,
networks, sole proprietorships, or joint ventures;
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4. "Health care payor" means an employer, health plan, health
maintenance organization, insurance company, management services
organization, or another entity that pays for or arranges for
payment for a health care service, in whole or in part;
5. "Health care service" means medical research or medical care
provided to a patient or client at any time during the patient's or
client's course of treatment, including but not limited to initial
examination, testing, diagnosis, referral, dispensing or
administration of a drug, medication, or device, psychological
therapy or counseling, research, prognosis, therapy, record-making
procedures, notes related to treatment, set up, or performance of a
surgery or procedure, or any other care or service performed or
provided by a medical practitioner;
6. "Medical practitioner" means a person who is or may be asked
to participate in a health care service. The term includes but is
not limited to physicians, physician assistants, nurses including
but not limited to Advanced Practice Registered Nurses, nurse aides,
allied health professionals, medical assistants, hospital employees,
employees of an outpatient center for primary care, outpatient
center for surgical services, or long-term care facility,
pharmacists, pharmacy technicians, pharmacy employees, medical
school faculty and students, nursing school faculty and students,
psychology and counseling faculty and students, medical researchers,
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laboratory technicians, counselors, social workers, or any other
person who facilitates or participates in a health care service;
7. "Participate in a health care service" means to provide,
perform, assist with, facilitate, refer for, counsel for, advise
with regard to, admit for the purposes of providing, or take part in
any way in providing a health care service; and
8. "Person" means one or more individuals, partnerships,
associations, or corporations.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-728h of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. 1. A health care institution or health care payor may not
be required to participate in or pay for a health care service that
violates the health care institution's or health care payor's
conscience, including by permitting the use of its facilities.
2. A health care payor, other than an employer or other entity
whose health plan is not subject to the jurisdiction of the
Insurance Commissioner, shall list any health care service that it
may refuse to pay for on the basis of conscience in the applicable
policy.
B. Except as provided in subsection D of this section, refusal
to participate in or pay for a health care service under this
section may not give rise to liability of the health care
institution or health care payor for damages allegedly arising from
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the refusal or be the basis for any discrimination, discipline, or
other recriminatory action against the health care institution,
health care payor, or any personnel, agent, or governing board.
C. Nothing in this section may be construed to relieve a health
care institution of the requirement to provide emergency medical
treatment to all patients set forth in the federal Emergency Medical
Treatment and Labor Act, 42 U.S.C., Section 1395dd.
D. The immunity provisions of this section do not apply to a
health care institution or health care payor owned or operated by
this state or a political subdivision of the state.
E. Notwithstanding any other provision of this act to the
contrary, a religious medical practitioner, health care institution,
or health care payor that holds itself out to the public as
religious, states in its governing documents that it has a religious
purpose or mission, and has internal operating policies or
procedures that implement its religious beliefs, shall have the
right to make employment, staffing, contracting, and admitting
privilege decisions consistent with its religious beliefs.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-728i of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A medical practitioner has the right not to participate in a
health care service that violates the medical practitioner's
conscience. A health care institution may not be held liable for
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the exercise of conscience not to participate in a health care
service by a medical practitioner employed, contracted, or granted
admitting privileges by the health care institution.
B. A health care institution may require the exercise of
conscience as a basis for not participating in a health care service
to be made in writing and signed by the medical practitioner
objecting. A writing made under this subsection may refer only
generally to the grounds of conscience.
C. A medical practitioner's refusal to participate in a health
care service based on an exercise of conscience may not be a basis
for discrimination, discipline, or other recriminatory action
against the medical practitioner.
D. A medical practitioner may not be held liable for damages
allegedly arising from the exercise of conscience not to participate
in a health care service.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-728j of Title 63, unless there
is created a duplication in numbering, reads as follows:
The exercise of conscience not to participate in a health care
service by a medical practitioner, health care institution, or
health care payor may not be grounds for loss of any privileges or
immunities or for the loss of any public benefits.
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SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-728k of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A medical practitioner or health care institution may not be
discriminated against because the medical practitioner or health
care institution:
1. Provides, causes to be provided, or intends to provide or
cause to be provided information relating to a suspected violation
of this act to the medical practitioner or health care institution's
employer, the Attorney General, the United States Department of
Health and Human Services, or any state or federal agency charged
with protecting health care rights of conscience; or
2. Testifies, assists, participates, or intends to testify,
assist, or participate in a proceeding concerning a violation of
this act.
B. Except as provided in subsection C of this section, it is
unlawful to discriminate against a medical practitioner because the
medical practitioner discloses information that the medical
practitioner reasonably believes evidences:
1. A violation of any law, rule, or regulation;
2. A violation of any standard of care or ethical guidelines
for the provision of any health care service; or
3. Gross mismanagement, a gross waste of funds, an abuse of
authority, practices or methods of treatment that may put patient
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health at risk, or a substantial and specific danger to public
health or safety.
C. Nothing in this section may be construed to exempt a person
from any applicable state or federal confidentiality and patient
privacy requirements including but not limited to the federal Health
Insurance Portability and Accountability Act of 1996, 42 U.S.C.,
Section 1320d et seq.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-728l of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A professional licensing board or other state agency that
grants licensure or certification may not reprimand, sanction, or
revoke or threaten to revoke a license, certificate, or registration
of a medical practitioner who is licensed or certified by the board
or agency for engaging in speech or expressive activity protected
under the First Amendment to the United States Constitution, unless
the board or agency demonstrates by clear and convincing evidence
that the medical practitioner's speech was the direct cause of
physical harm to a person with whom the medical practitioner had a
practitioner-patient relationship within the two (2) years
immediately preceding the incident of physical harm.
B. 1. Within fourteen (14) calendar days of receiving a
complaint that may result in revocation of a medical practitioner's
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license, certificate, or registration, the board or agency shall
provide the medical practitioner with a copy of the complaint.
2. If the board or agency fails to provide the complaint within
fourteen (14) calendar days of receipt, the board or agency shall
pay the medical practitioner an administrative penalty of Five
Hundred Dollars ($500.00) for each week of noncompliance.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-728m of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. It is unlawful to interfere or attempt to interfere with the
right not to participate in a health care service or the
whistleblower and free speech rights and protections authorized by
this act, whether by duress, coercion, or any other means.
B. A medical practitioner, health care institution, or health
care payor injured by unlawful interference is entitled to:
1. Injunctive relief, when appropriate, including but not
limited to reinstatement of a medical practitioner to the medical
practitioner's previous position, reinstatement of board
certification, and relicensure of a health care institution or
health care payor;
2. Monetary damages for injuries suffered; and
3. Reasonable costs and attorney fees.
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SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-728n of Title 63, unless there
is created a duplication in numbering, reads as follows:
The Insurance Commissioner shall promulgate reasonable and
necessary rules concerning the implementation of this act relating
to those insurers under its jurisdiction.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-728o of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act is supplemental to and may not be construed as
modifying or limiting the rights and remedies provided in the
Freedom of Conscience Act, Section 1-728a et seq. of Title 63 of the
Oklahoma Statutes.
SECTION 12. This act shall become effective November 1, 2025.
Passed the House of Representatives the 26th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate
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