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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3906 By: Hefner of the House
and
Gillespie of the Senate
AS INTRODUCED
An Act relating to supported decision-making;
enacting the Oklahoma Supported Decision-Making Act;
providing purpose; defining terms; providing how
individual may enter into and terminate a supported
decision-making agreement; authorizing supporter to
assist in certain tasks; prohibiting supporter from
committing certain acts; authorizing supporter to
assist principal in obtaining certain information;
prohibiting supported decision-making agreement to be
used as certain evidence at trial; authorizing adult
to act independently of the agreement; providing that
a decision or request made may be enforced by the
principal or supporter; authorizing persons to rely
on certain presumptions; relieving certain persons of
civil or criminal liability; providing that nothing
shall affect the requirement to report abuse,
neglect, exploitation, isolation, or abandonment;
providing example form for a supported decision-
making agreement; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1451 of Title 10, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma
Supported Decision-Making Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1452 of Title 10, unless there
is created a duplication in numbering, reads as follows:
A. The purpose of this act is to:
1. Provide person-centered and directed assistance to an adult
with a disability to gather and assess information, make informed
decisions, and communicate decisions;
2. Give supporters legal status to be with such an adult and
participate in discussions with others when the adult is making
decisions or attempting to obtain information; and
3. Enable supporters to assist in making and communicating
decisions for such an adult but not substitute as the decision-maker
for the adult.
B. This act shall be interpreted in accordance with the
following principles:
1. An adult should be able to live in the manner in which he or
she wishes and to accept or refuse support, assistance, or
protection as long as the adult does not harm himself, herself, or
others and is capable of making decisions about such matters;
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2. An adult should be able to be informed about and, to the
best of his or her ability, participate in the management of his or
her affairs;
3. An adult should receive the most effective, yet least
restrictive and intrusive, form of support, assistance, or
protection when the adult is unable to manage his or her affairs
alone; and
4. The values, beliefs, wishes, cultural norms, and traditions
that an adult holds should be respected in managing his or her
affairs.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1453 of Title 10, unless there
is created a duplication in numbering, reads as follows:
As used in the Supported Decision-Making Act, unless a different
meaning is clearly required by the context:
1. "Adult" means a natural person who is eighteen (18) years of
age or older;
2. "Affairs" means personal, health care, or financial matters
arising in the course of activities of daily living, including,
without limitation:
a. matters in which an adult makes decisions relating to
his or her health, including, without limitation:
(1) monitoring the adult's health,
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(2 obtaining, scheduling, and coordinating health
and support services,
(3) understanding health care information and
options, and
(4) making personal decisions to provide for the
adult's care and comfort, and
b. financial matters in which an adult manages his or her
income and assets and the use thereof for clothing,
support, care, comfort, education, shelter, or the
payment of his or her liabilities;
3. "Covered education agreement" means a supported decision-
making agreement that is entered into for the sole purpose of
providing supported decision-making related to the supported
person's education and the Individuals with Disabilities Education
Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C., Section 1400
et seq.), or Section 504 of the Rehabilitation Act of 1973, approved
September 26, 1973 (87 Stat. 394; 29 U.S.C., Section 794);
4. "Electronic" means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities;
5. "Person" means a natural person, health care facility,
provider of health care, corporation, partnership, limited-liability
company, association, joint venture, public corporation, government
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or governmental subdivision, agency or instrumentality, or any other
legal or commercial entity;
6. "Principal" means an adult who seeks to enter, or has
entered, into a supported decision-making agreement with one or more
supporters pursuant to this act;
7. "Record" means document, book, paper, photograph, microfilm,
computer tape, disk, record, sound recording, film recording, video
record, electronic files and documents, or other material;
8. "Sign" means:
a. to execute or adopt a tangible symbol with the present
intent to authenticate a record, or
b. to attach or logically associate an electronic symbol,
sound, or process to or with a record with the present
intent to authenticate the record;
9. "Support services" means a coordinated system of social and
other services that are supplied by private, state, institutional,
or community providers and are designed to help maintain the
independence of an adult, including, without limitation:
a. homemaker services, such as house repair, cleaning,
laundry, shopping, and providing meals,
b. companion services, such as transportation and the
facilitation of written, oral, and electronic
communication,
c. medical services,
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d. visiting nurse and attendant care,
e. physical and psychosocial assessments,
f. financial assessments and advisement relating to
banking, taxes, loans, investments, or the management
of real property,
g. legal assessments and advisement,
h. educational services, including, without limitation,
educational assessments and advisement,
i. personal care services, including, without limitation,
assistance with daily activities such as bathing,
dressing, and eating,
j. care planning,
k. residential, employment, or day program services and
supports, including, without limitation, training, or
career planning, and
l. other services necessary to maintain the independence
of an adult;
10. "Supported decision-making agreement" means an agreement
between a principal and one or more supporters that is entered into
pursuant to this act; and
11. "Supporter" means a person who is named in a supported
decision-making agreement to provide specified assistance to a
principal.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1454 of Title 10, unless there
is created a duplication in numbering, reads as follows:
A. An adult may enter into a supported decision-making
agreement at any time if the adult:
1. Enters into the agreement voluntarily and without coercion
or undue influence; and
2. Understands the nature and effect of the agreement.
B. A supported decision-making agreement shall:
1. Be in writing;
2. Be dated;
3. Designate one or more supporters;
4. List the types of decisions with which the supporter is
authorized to assist the principal;
5. List the types of decisions, if any, with which the
supporter is not authorized to assist the principal; and
6. Be signed by each party to the agreement in the presence of
at least two adult witnesses.
C. A principal or a supporter may terminate a supported
decision-making agreement at any time, either verbally or in
writing, and with notice to the other parties to the agreement.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1455 of Title 10, unless there
is created a duplication in numbering, reads as follows:
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A. Except as otherwise provided in a supported decision-making
agreement and subsection B of this section, a supporter may do all
of the following:
1. Assist the principal in understanding information, options,
responsibilities and consequences of the principal's life decisions,
including, without limitation, decisions relating to the principal's
affairs or supportive services;
2. Help the principal access, obtain, and understand any
information that is relevant to any given life decision, including,
without limitation, medical, psychological, financial, or
educational decisions, or any treatment records or records necessary
to manage the principal's affairs or support services;
3. Assist the principal in finding, obtaining, making
appointments for, and implementing the principal's support services
or plans for support services;
4. Help the principal monitor information about the principal's
affairs or support services, including, without limitation, keeping
track of future necessary or recommended services; and
5. Ascertain the wishes and decisions of the principal, assist
in communicating those wishes and decisions to other persons, and
advocate to ensure that the wishes and decisions of the principal
are implemented.
B. A supporter is prohibited from doing any of the following:
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1. Exerting undue influence upon, or making decisions on behalf
of, the principal;
2. Obtaining, without the consent of the principal, information
that is not reasonably related to matters with which the supporter
is authorized to assist the principal pursuant to the supported
decision-making agreement; and
3. Using, without the consent of the principal, information
acquired for a purpose other than assisting the principal to make a
decision pursuant to the supported decision-making agreement.
C. A supporter shall act with the care, competence and
diligence ordinarily exercised by persons in similar circumstances,
with due regard to the supporter's possession or lack of special
skills or expertise.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1456 of Title 10, unless there
is created a duplication in numbering, reads as follows:
A. In addition to the activities set forth in Section 5 of this
act, a supporter may assist the principal with obtaining any
information to which the principal is entitled, including, without
limitation, a signed and dated specific consent, protected health
information under the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, as amended, or
educational records under the Family Educational Rights and Privacy
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Act of 1974, 20 U.S.C., Section 1232g, and any regulations adopted
pursuant thereto.
B. A supporter shall ensure that all information collected on
behalf of a principal pursuant to this section is:
1. Kept privileged and confidential, as applicable;
2. Not subject to unauthorized access, use, or disclosure; and
3. Properly disposed of when appropriate.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1457 of Title 10, unless there
is created a duplication in numbering, reads as follows:
The existence of a supported decision-making agreement that is
entered into by an adult and one or more supporters pursuant to this
act may not be used as evidence of the adult's incapacity, as
defined in Section 3002 of Title 58 of the Oklahoma Statutes, and
does not preclude the ability of the adult to act independently of
the agreement.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1458 of Title 10, unless there
is created a duplication in numbering, reads as follows:
A decision or request made or communicated by a principal with
the assistance of a supporter in accordance with this act shall, for
the purposes of any provision of law, be recognized as the decision
or request of the principal and may be enforced by the principal or
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supporter in law or equity on the same basis as a decision or
request of the principal.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1459 of Title 10, unless there
is created a duplication in numbering, reads as follows:
Any person who is not a party to a supported decision-making
agreement, including, without limitation, a provider of health care
or provider of financial services, that in good faith, as defined in
Section 3002 of Title 58 of the Oklahoma Statutes, accepts a
supported decision-making agreement:
1. Without actual knowledge that any of the signatures thereon
is not genuine may rely upon the presumption that such a signature
is genuine;
2. Without actual knowledge that the supported decision-making
agreement or the purported supporter's authority is void, invalid,
or terminated may rely upon the supported decision-making agreement
as if the agreement and supporter's authority are genuine, valid,
and still in effect; and
3. Is not subject to civil or criminal liability or discipline
for unprofessional conduct for giving effect to a declaration
contained within the supported decision-making agreement or for
following the direction of a supporter named in the supported
decision-making agreement.
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SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1460 of Title 10, unless there
is created a duplication in numbering, reads as follows:
The provisions of this act shall not be construed to affect the
requirement of any person to report the abuse, neglect,
exploitation, isolation, or abandonment of an older person or a
vulnerable person as provided in Section 10-104 of Title 43A of the
Oklahoma Statutes.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1461 of Title 10, unless there
is created a duplication in numbering, reads as follows:
A document substantially in the following form may be used to
create a supported decision-making agreement form that has the
meaning and effect prescribed by this act.
OKLAHOMA
SUPPORTED DECISION-MAKING AGREEMENT
IMPORTANT INFORMATION
This supported decision-making agreement allows an adult to receive
assistance in understanding, making, and communicating decisions
while retaining full legal authority pursuant to the Oklahoma
Supported Decision-Making Act.
PRINCIPAL INFORMATION
Name of Principal (Adult): _________________________________________
Date of Birth: _________________
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Address: ___________________________________________________________
Phone / Email: ________________________
SUPPORTER(S)
Name of Supporter: _________________________________________________
Relationship: _________________________
Phone / Email: ________________________
Name of Additional Supporter (optional): ___________________________
Relationship: _________________________
Phone / Email: ________________________
AREAS OF SUPPORT
Initial each subject you would like your designated supporter(s) to
assist you in understanding, making, and communicating decisions.
(___) Health care and medical decisions
(___) Mental health services
(___) Education, including college, IDEA, and Section 504
(___) Employment and vocational services
(___) Financial matters, including budgeting and banking, but not
including control of funds
(___) Housing and community living
(___) Government or public benefits
(___) Other: ______________________________________
LIMITATIONS
My supporter(s) MAY NOT assist with the following decisions (if
any):
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SUPPORTER AUTHORITY
The supporter may assist the principal by:
1. Helping understand information and options;
2. Helping obtain records, including, but not limited to, HIPAA and
FERPA, with consent;
3. Attending meetings at the request of the principal; and
4. Helping communicate the principal’s decisions.
The supporter MAY NOT make decisions for the principal or override
the principal’s wishes.
VOLUNTARY AGREEMENT
I affirm that I am entering this agreement voluntarily, understand
its purpose, and may terminate it at any time.
TERMINATION
This agreement may be terminated at any time by the principal or any
supporter, verbally or in writing.
SIGNATURES
Principal Signature: ___________________________________
Date: ___________
Supporter Signature: __________________________________
Date: ___________
Additional Supporter Signature (if applicable): ____________________
Date: ___________
WITNESSES
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Witness #1 Name & Signature: ______________________________
Date: ___________
Witness #2 Name & Signature: ______________________________
Date: ___________"
SECTION 12. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
OVERSIGHT, dated 02/26/2026 - DO PASS, As Coauthored.