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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1658 By: Jett
AS INTRODUCED
An Act relating to health care; creating the Informed
Consent and Medical Transparency Act; providing short
title; declaring legislative intent; imposing certain
duties on drug manufacturers, hospitals, and health
care providers; authorizing certain civil actions;
providing certain construction; providing for
noncodification; 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 not to be
codified in the Oklahoma Statutes reads as follows:
A. This act shall be known and may be cited as the “Informed
Consent and Medical Transparency Act”.
B. The Legislature declares that informed consent is a
cornerstone of ethical medical practice and falls within the
traditional authority of the State of Oklahoma to protect the
health, safety, and welfare of its citizens. Nothing in this act
shall be construed to alter or conflict with federal drug approval
or labeling requirements; rather, it establishes independent state
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duties of disclosure and transparency to ensure Oklahomans can make
informed medical decisions.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 355.5 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. 1. Each manufacturer of a drug, vaccine, or biologic
distributed in this state shall prepare a plain-language summary of
known or reasonably suspected side effects or adverse events that
are material to informed consent, including those that are rare but
serious or life-threatening.
2. The summary shall be written in a manner understandable to
health care providers and patients and shall be updated whenever the
manufacturer, in the exercise of reasonable care, becomes aware of
new or credible safety information that would materially affect
informed consent.
3. Manufacturers shall provide the current summary to the State
Board of Pharmacy for publication on a public website and to
hospitals, pharmacies, and licensed prescribers within this state.
4. Nothing in this subsection shall require alteration of
federally approved labeling or submission of data to any federal
agency.
B. 1. Hospitals, health care facilities, and licensed health
care providers shall ensure that each patient, or the patient’s
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legal guardian, receives the manufacturer’s current summary prior to
administration or prescription of any drug, vaccine, or biologic.
2. Suspected adverse events or side effects shall be documented
through existing electronic medical record systems and transmitted
to the State Board of Pharmacy within ten (10) business days.
3. Any hospital or health care provider that discourages,
obstructs, or retaliates against an employee for good-faith
documentation or reporting of such an event shall be jointly and
severally liable for injuries proximately caused by the suppression
or failure to report.
C. 1. A manufacturer, hospital, or provider that negligently
fails to comply with this section shall be liable for damages
proximately caused by the resulting lack of informed consent.
2. Any patient injured as a result of noncompliance may bring a
civil action for damages, including reasonable attorney fees.
3. Discovery in such actions shall be liberally construed in
favor of transparency, including access to relevant safety data,
communications, and adverse-event documentation.
4. The Attorney General or any district attorney may also bring
an action under the Oklahoma Consumer Protection Act for patterns of
noncompliance.
D. This section shall be liberally construed to promote
transparency and informed decision-making. It shall not be
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interpreted to mandate or prohibit any treatment or to impose
requirements preempted by federal law.
SECTION 3. This act shall become effective November 1, 2026.
60-2-2346 DC 1/13/2026 9:16:46 PM