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SENATE FLOOR VERSION - SB1328 SFLR Page 1
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SENATE FLOOR VERSION
March 2, 2026
SENATE BILL NO. 1328 By: Rosino
An Act relating to health care; amending 25 O.S.
2021, Section 2002, which relates to the Parents’
Bill of Rights; modifying exception to certain right;
amending 63 O.S. 2021, Section 2602, which relates to
medical treatment of minors; removing certain
prohibition on parental notice; clarifying
applicability of certain provisions; granting certain
right to parent or legal guardian; providing
exceptions; updating statutory language and
references; making language gender neutral; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 2002, is
amended to read as follows:
Section 2002. A. All parental rights are reserved to a parent
of a minor child without obstruction or interference from this
state, any political subdivision of this state, any other
governmental entity, or any other institution, including, but not
limited to, the following rights:
1. The right to direct the education of the minor child;
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2. All rights of parents identified in Title 70 of the Oklahoma
Statutes, including the right to access and review all school
records relating to the minor child;
3. The right to direct the upbringing of the minor child;
4. The right to direct the moral or religious training of the
minor child;
5. The right to make healthcare health care decisions for the
minor child, unless otherwise prohibited by law;
6. The right to access and review all medical records of the
minor child unless except as provided by subsection D of Section
2602 of Title 63 of the Oklahoma Statutes or as otherwise prohibited
provided by law or the parent 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;
7. The right to consent in writing before a biometric scan of
the minor child is made, shared, or stored;
8. The right to consent in writing before any record of the
minor child’s blood or deoxyribonucleic acid (DNA) is created,
stored, or shared, except as required by Sections 1-516 and 1-524.1
of Title 63 of the Oklahoma Statutes, or unless authorized pursuant
to a court order;
9. The right to consent in writing before the state or any of
its political subdivisions makes a video or voice recording of the
minor child, unless the video or voice recording is made during or
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as a part of a court proceeding, by law enforcement officers during
or as part of a law enforcement investigation, during or as part of
a forensic interview in a criminal or Department of Human Services
investigation, or to be used solely for any of the following:
a. safety demonstrations, including the maintenance of
order and discipline in the common areas of a school
or on student transportation vehicles,
b. a purpose related to a legitimate academic or
extracurricular activity,
c. a purpose related to regular classroom instruction,
d. security or surveillance of buildings or grounds, and
e. a photo identification card; and
10. The right to be notified promptly if an employee of this
state, any political subdivision of this state, any other
governmental entity, or any other institution suspects that a
criminal offense has been committed against the minor child by
someone other than a parent, unless the incident has first been
reported to law enforcement and notification of the parent would
impede a law enforcement or Department of Human Services
investigation. This paragraph does not create any new obligation
for school districts and charter schools to report misconduct
between students at school, such as fighting or aggressive play,
that is routinely addressed as a student disciplinary matter by the
school.
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B. This section does not authorize or allow a parent to engage
in conduct that is unlawful or to abuse or neglect a child in
violation of the laws of this state. This section shall not be
construed to apply to a parental action or decision that would end
life. This section does not prohibit courts, law enforcement
officers, or employees of a government agency responsible for child
welfare from acting in their official capacity within the reasonable
and prudent scope of their authority. This section does not
prohibit a court from issuing an order that is otherwise permitted
by law.
C. Any attempt to encourage or coerce a minor child to withhold
information from the child’s parent shall be grounds for discipline
of an employee of this state, any political subdivision of this
state, or any other governmental entity, except for law enforcement
personnel.
D. Unless those rights have been legally waived or legally
terminated, parents have inalienable rights that are more
comprehensive than those listed in this section. The Parents’ Bill
of Rights does not prescribe all rights of parents. Unless
otherwise required by law, the rights of parents of minor children
shall not be limited or denied. The Parents’ Bill of Rights shall
not be construed to apply to a parental action or decision that
would end life.
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SECTION 2. 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 legal 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
incapacity 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 lack of informed consent unless the provider acts with
negligence or causes 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. 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. 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, or
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 paragraph 1, 2, 5, or 6 of subsection
A of this section,
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b. where such access or review is prohibited by law or
where such medical records are designated as
privileged or confidential under applicable law,
c. where the health professional has a reasonable belief
that the minor has been or may be subject to domestic
violence, abuse, or neglect by the parent or legal
guardian, or
d. where the health professional has a reasonable belief
that release of the minor’s medical records to the
parent or legal guardian could endanger the safety of
the minor.
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.
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SECTION 3. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
March 2, 2026 - DO PASS