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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3136 By: West (Kevin)
AS INTRODUCED
An Act relating to health care providers; defining
terms; establishing rights for health care providers;
providing protections from liability; providing an
exception due to bona fide medical emergency;
providing for enforcement; providing whistleblower
protections; establishing federal law compliance;
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 1-728g of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Conscientious objection" means an inability to perform,
participate in, or assist with a medical service due to moral,
ethical, or religious beliefs;
2. "Health care institution" means any hospital, clinic,
surgical center, or other entity employing or contracting health
care providers;
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3. "Health care provider" means a licensed physician, nurse,
physician assistant, pharmacist, or other individual directly
involved in patient care; and
4. "Medical procedure or service" means any research,
treatment, procedure, or intervention provided for health purposes.
SECTION 2. 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. Health care providers may assert a conscientious objection
to performing or participating in any medical procedure or service
that conflicts with their conscience.
B. Conscientious objection applies to individual providers,
ancillary staff, and institutions where the medical procedure or
service is the basis for the conscientious objection.
C. Health care providers shall submit written notification of
refusal to their employing institution or supervising authority.
The notice shall:
1. Identify the provider;
2. Reference conscience as the basis;
3. List the medical procedure or service being refused; and
4. Be submitted in paper or electronic form as soon as
practical when the health care provider becomes aware of the need to
assert a conscientious objection. The format shall be minimally
burdensome.
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SECTION 3. 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 Health care providers and institutions acting in good faith
under this act are immune from civil, professional, or
administrative liability arising from the health care provider's
assertion of the conscientious objection.
B. Health care providers shall not be disciplined, terminated,
or have privileges revoked solely for exercising conscience-based
refusal.
SECTION 4. 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 right to assert a conscientious objection protected by this
act shall not apply if it conflicts with the requirements of the
Emergency Medical and Labor Act, 42 U.S.C., Section 1395dd, or any
state law that regulates the provision of emergency medical service.
SECTION 5. 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. Health care providers who report violations of this act
shall not be retaliated against.
B. Complaints regarding violations shall be submitted to the
State Department of Health or designated state office.
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C. Health care providers aggrieved by any violation of this act
may bring a private right of action and shall be entitled – upon the
finding of a violation – to injunctive and declaratory relief, and
to recover damages sustained, along with the costs of the action and
reasonable attorney fees.
SECTION 6. 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:
Nothing is this act requires violation of federal law or
jeopardizes federal funding for institutions or health care
providers.
SECTION 7. This act shall become effective November 1, 2026.
60-2-14259 TJ 01/05/26