Freedom of conscience; creating the Medical Ethics Defense Act. Effective date.

Req. No. 3539 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

STATE OF OKLAHOMA

2nd Session of the 60th Legislature (2026)

SENATE BILL 1798 By: Jett

AS INTRODUCED

An Act relating to freedom of conscience; creating
the Medical Ethics Defense Act; providing short
title; defining terms; granting certain rights to
certain medical practitioners, health care
institutions, or health care payers; limiting
exercise of certain rights; granting certain
immunities; prohibiting certain discrimination;
requiring opt-in for abortion; providing certain
construction; prohibiting and requiring certain
actions by licensing board under certain conditions;
authorizing and prohibiting certain civil actions;
prohibiting certain defense; providing for recovery
of damages and other relief; 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:
This act may be known and cited as the “Medical Ethics Defense
Act”.
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:

Req. No. 3539 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1. “Conscience” means the ethical, moral, or religious beliefs
or principles held by any medical practitioner, health care
institution, or health care payer. Conscience with respect to
institutional entities or corporate bodies, as opposed to individual
persons, is determined by reference to that entity’s or body’s
governing documents including, but not limited to, any published
ethical, moral, or religious guidelines or directives; mission
statements; constitutions; articles of incorporation; bylaws;
policies; or regulations;
2. “Disclosure” means a formal or informal communication or
transmission, but does not include a communication or transmission
concerning policy decisions that lawfully exercise discretionary
authority unless the medical practitioner providing the disclosure
or transmission reasonably believes that the disclosure or
transmission evinces:
a. any violation of any law, rule, or regulation,
b. any violation of any ethical guidelines for the
provision of any medical procedure or service, or
c. gross mismanagement, a gross waste of funds, an abuse
of authority, practices or methods of treatment that
may put patient health at risk, or a substantial and
specific danger to public health or safety;
3. “Discrimination” means any adverse action taken against, or
any threat of adverse action communicated to, any medical

Req. No. 3539 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

practitioner, health care institution, or health care payer as a
result of his, her, or its decision to decline to participate in a
medical procedure or service on the basis of conscience.
Discrimination includes, but is not limited to:
a. termination of employment,
b. transfer from current position,
c. demotion from current position,
d. adverse administrative action,
e. reassignment to a different shift or job title,
f. increased administrative duties,
g. refusal of staff privileges,
h. refusal of board certification,
i. loss of career specialty,
j. reduction of wages, benefits, or privileges,
k. refusal to award a grant, contract, or other program,
l. refusal to provide residency training opportunities,
m. denial, deprivation, or disqualification of licensure,
n. withholding or disqualifying from financial aid and
other assistance,
o. impediments to creating any health care institution or
payer or expanding or improving such health care
institution or payer,
p. impediments to acquiring, associating with, or merging
with any other health care institution or payer,

Req. No. 3539 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

q. the threat thereof with regard to any of the
preceding, or
r. any other penalty, disciplinary, or retaliatory
action, whether executed or threatened.
However, discrimination excludes the negotiation or purchase of
insurance by a nongovernment entity;
4. “Medical procedure or service” means medical care provided
to any patient at any time over the entire course of treatment, or
medical research. The term includes, but is not limited to,
testing; diagnosis; referral; dispensing or administering any 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 any
medical practitioner including, but not limited to, physicians,
nurses, allied health professionals, paraprofessionals, contractors,
or employees of health care institutions;
5. “Health care institution” means any organization,
corporation, partnership, association, agency, network, sole
proprietorship, joint venture, or other entity that provides medical
procedures or services. The term includes, but is not limited to,
any public or private hospital, clinic, medical center, physician
organization, professional association, ambulatory surgical center,
private physician’s office, pharmacy, nursing home, medical school,

Req. No. 3539 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

nursing school, medical training facility, or any other entity or
location in which medical procedures or services are performed;
6. “Health care payer” means any employer, health plan, health
maintenance organization, insurance company, management services
organization, or any other entity that pays for, or arranges for the
payment of, any medical procedure or service provided to any
patient, whether that payment is made in whole or in part;
7. “Medical practitioner” means any person or individual who
may be or is asked to participate in any way in any medical
procedure or service. The term includes, but is not limited to,
doctors, nurse practitioners, physician assistants, nurses, nurse
aides, allied health professionals, medical assistants, hospital
employees, clinic employees, nursing home employees, pharmacists,
pharmacy technicians and employees, medical school faculty and
students, nursing school faculty and students, psychology and
counseling faculty and students, medical researchers, laboratory
technicians, psychologists, psychiatrists, counselors, mental health
professionals, social workers, or any other person who facilitates
or participates in the provision of a medical procedure or service;
8. “Participate” 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 any
medical procedure or service, or any form of such service; and

Req. No. 3539 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

9. “Pay” or “payment” means to pay for, contract for, arrange
for the payment of, whether in whole or in part, reimburse, or
remunerate.
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. Freedom of Conscience. A medical practitioner, health care
institution, or health care payer has the right not to participate
in or pay for any medical procedure or service which violates his,
her, or its conscience.
B. Limitations. The exercise of the right of conscience is
limited to conscience-based objections to a particular medical
procedure or service. This section shall not be construed to waive
or modify any duty a health care practitioner, health care
institution, or health care payer may have to provide other medical
procedures or services that do not violate the practitioner’s,
institution’s, or payer’s conscience.
C. Immunity from Liability. No medical practitioner, health
care institution, or health care payer shall be civilly, criminally,
or administratively liable for exercising his, her, or its right of
conscience not to participate in or pay for a medical procedure or
service. No health care institution shall be civilly, criminally,
or administratively liable for the exercise of conscience rights not
to participate in a medical procedure or service by a medical

Req. No. 3539 Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

practitioner employed, contracted, or granted admitting privileges
by the health care institution.
D. Discrimination. No medical practitioner, health care
institution, or health care payer shall be discriminated against in
any manner as a result of his, her, or its decision to decline to
participate in or pay for a medical procedure or service on the
basis of conscience.
E. Exception. Notwithstanding any other provision of this act
to the contrary, a religious medical practitioner, health care
institution, or health care payer 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.
F. Opt-In Required. A health care practitioner may not be
scheduled for, assigned, or requested to directly or indirectly
perform, facilitate, refer for, or participate in an abortion unless
the practitioner first affirmatively consents in writing to perform,
facilitate, refer for, or participate in the abortion. This
subsection does not establish a right to participate in an abortion
otherwise prohibited by law.
G. Emergency Medical Treatments. Nothing in this act shall be
construed to override the requirement to provide emergency medical

Req. No. 3539 Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

treatment to all patients set forth in 42 U.S.C., Section 1395dd.
Medical emergencies shall be subject to the definitions and
requirements of Section 1-731.4 of Title 63 of the Oklahoma
Statutes.
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:
A. No medical practitioner shall be discriminated against in
any manner because the medical practitioner:
1. Provided, caused to be provided, or is about to provide or
cause to be provided to his or her employer, the Attorney General,
any state agency charged with protecting health care rights of
conscience, the U.S. Department of Health and Human Services, the
Office for Civil Rights, or any other federal agency charged with
protecting health care rights of conscience information relating to
any violation of, or any act or omission the medical practitioner
reasonably believes to be a violation of, any provision of this act;
2. Testified or is about to testify in a proceeding concerning
such violation; or
3. Assisted or participated, or is about to assist or
participate, in such a proceeding.
B. Unless the disclosure is specifically prohibited by law, no
medical practitioner shall be discriminated against in any manner

Req. No. 3539 Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

because the medical practitioner disclosed any information that the
medical practitioner reasonably believes evinces:
1. Any violation of any law, rule, or regulation;
2. Any violation of any ethical guidelines for the provision of
any medical procedure or service; or
3. Gross mismanagement, a gross waste of funds, an abuse of
authority, practices or methods of treatment that may put patient
health at risk, or a substantial and specific danger to public
health or safety.
C. A licensing board may not reprimand, sanction, or revoke or
threaten to revoke a license, certificate, or registration of a
health care practitioner for engaging in speech or expressive
activity protected under the First Amendment to the United States
Constitution, unless the licensing board demonstrates beyond a
reasonable doubt that the practitioner’s speech was the direct cause
of physical harm to a person with whom the health care practitioner
had a practitioner-patient relationship within the three (3) years
immediately preceding the incident of physical harm.
1. The licensing board shall provide a medical practitioner
with any complaints it has received which may result in the
revocation of the medical practitioner’s license, certification, or
registration, within seven (7) days after receipt of the complaint.
2. The licensing board shall pay the medical practitioner an
administrative penalty of Five Hundred Dollars ($500.00) for each

Req. No. 3539 Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

day the complaint is not provided to the medical practitioner after
the specified seven (7) days.
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. Civil Action for Violation of Right of Conscience. A civil
action for damages or injunctive relief, or both, may be brought by
any medical practitioner, health care institution, or health care
payer for any violation of any provision of this act. Any
additional burden or expense on another medical practitioner, health
care institution, or health care payer arising from the exercise of
the right of conscience shall not be a defense to any violation of
this act. However, no civil action may be brought against an
individual who declines to use or purchase medical procedures or
services from a specific medical practitioner, health care
institution, or health care payer for exercising the rights granted
in subsection A of Section 3 of this act.
B. Other Remedies. Any party aggrieved by any violation of
this act may commence a civil action and shall be entitled, upon the
finding of a violation, to recover treble damages sustained, along
with the costs of the action and reasonable attorney fees. Such
damages shall be cumulative and in no way limited by any other
remedies which may be available under any other federal, state, or
municipal law. A court considering such civil action may also award

Req. No. 3539 Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

injunctive relief, which may include, but is not limited to,
reinstatement of a medical practitioner to his or her previous
position, reinstatement of board certification, and relicensure of a
health care institution or health care payer.
SECTION 6. This act shall become effective November 1, 2026.

60-2-3539 BRC 1/14/2026 8:48:24 PM