Read the full stored bill text
Req. No. 3116 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 1901 By: Jett
AS INTRODUCED
An Act relating to public health and safety;
prohibiting certain actions by certain entities;
requiring certain information be electronically
recorded; authorizing the report of certain
violations; providing certain protections;
authorizing the promulgation of rules; establishing
certain civil penalty; amending 63 O.S. 2021, Section
3122, which relates to the determination of death;
requiring secondary verification of death by certain
individuals; updating statutory language; 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 2200.28A of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Hospital staff, representatives of procurement
organizations, or any other party involved with the procurement of
anatomical gifts or the determination of death of a prospective
donor or decedent shall not make inquiries relating to, or otherwise
discuss, potential anatomical gifts with the immediate family of a
decedent within twenty-four (24) hours of the official determination
Req. No. 3116 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
of death of such decedent pursuant to Section 3122 of Title 63 of
the Oklahoma Statutes.
B. Hospital staff, representatives of procurement
organizations, or any other party involved with the procurement of
anatomical gifts or the determination of death of a prospective
donor or decedent, in the course of discussing the collection of
potential anatomical gifts with the immediate family of a decedent,
shall not:
1. Misrepresent the status of the LifeShare Donor Registry;
2. Imply that the donation of an anatomical gift will hasten
end-of-life care; or
3. Suggest financial compensation for an anatomical gift.
C. A procurement organization or its representatives shall
provide families of prospective donors or decedents:
1. Full disclosure of potential conflicts of interest;
2. A written summary of the donation process; and
3. Contact information for an independent state ombudsperson
for complaints.
All discussions of potential anatomical gifts between an organ
processing organization and the family of a potential donor or
decedent shall, with the written consent of the family of a
potential donor or decedent, be electronically recorded.
D. Any person may report to the State Department of Health any
violation of the provisions of this section. If a person who
Req. No. 3116 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
reports such violations to the Department is an employee of the
entity that is the subject of the violation, that person shall be
granted anonymity, and such entity shall not take disciplinary
action against such person.
E. The Department shall investigate all reports of violations
of this section. The State Commissioner of Health may promulgate
rules to enforce the provisions of this section.
F. Hospital staff, representatives of procurement
organizations, or any other party involved with the procurement of
anatomical gifts or the determination of death of a decedent who
violates the provisions of this section shall be subject to a civil
penalty not to exceed Fifty Thousand Dollars ($50,000.00) for each
violation. Each individual violation shall be considered a separate
violation
SECTION 2. AMENDATORY 63 O.S. 2021, Section 3122, is
amended to read as follows:
Section 3122. A. An individual who has sustained either:
1. irreversible Irreversible cessation of circulatory and
respiratory functions,; or
2. irreversible Irreversible cessation of all functions of the
entire brain, including the brain stem,
is dead. A determination of death must be made in accordance with
accepted medical standards; provided, however, all reasonable
Req. No. 3116 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
attempts to restore spontaneous circulatory or respiratory functions
shall first be made, prior to such declaration.
B. For the purpose of anatomical gifts, any declaration of
death listed in subsection A of this section shall be confirmed by a
second, independent neurologist or licensed physician who is not
affiliated with the treating hospital, transplant team, organ
procurement organization, or anatomical donor program.
SECTION 3. This act shall become effective November 1, 2026.
60-2-3116 BRC 1/15/2026 8:39:48 AM