Read the full stored bill text
Req. No. 3037 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 2002 By: Dossett
AS INTRODUCED
An Act relating to substance-impacted perinatal
women; defining terms; authorizing certain
recommendation by health care provider; granting
certain immunity from prosecution to substance-
impacted perinatal women; authorizing certain action
by district attorney; granting certain civil immunity
to health care providers; providing certain
construction; amending 63 O.S. 2021, Section 1-546.5,
which relates to district attorney multidisciplinary
teams; limiting certain appropriate disposition;
modifying composition of multidisciplinary teams;
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 1-546.6 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Health care provider” means any person or other entity who
is licensed pursuant to the provisions of Title 59 or Title 63 of
the Oklahoma Statutes, or pursuant to the laws of another state, to
Req. No. 3037 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
render health care services in the practice of a profession or in
the ordinary course of business;
2. “Pregnancy-based conduct” means the use of alcohol or an
unprescribed controlled dangerous substance by a substance-impacted
perinatal woman that is alleged to affect the woman’s health or the
actual or perceived health, safety, or well-being of the embryo,
fetus, or newborn;
3. “Qualified program” means an addiction recovery or other
behavioral health program certified by the Department of Mental
Health and Substance Abuse Services or a community- or faith-based
program; and
4. “Substance-impacted perinatal woman” means a biological
woman who used a controlled dangerous substance while pregnant or
within twelve (12) months of the conclusion of a pregnancy.
B. If a health care provider identifies a substance-impacted
perinatal woman who has knowingly and repeatedly used alcohol or an
unprescribed controlled dangerous substance, the health care
provider may recommend enrollment in a qualified program.
C. A substance-impacted perinatal woman shall not be subject to
investigation, arrest, or prosecution solely based on her use of any
controlled dangerous substance pursuant to a valid prescription
issued to her by a health care provider and used in accordance with
that prescription.
Req. No. 3037 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
D. If a substance-impacted perinatal woman is already enrolled
in or making a good-faith effort to enroll in and, due to lack of
available treatment capacity or another barrier outside of her
control, is on a waiting list or has completed a qualified program
while pregnant or within twelve (12) months of conclusion of the
pregnancy, she shall not be subject to investigation, arrest, or
prosecution solely based on her use of controlled dangerous
substances during pregnancy including, but not limited to, instances
of miscarriage, stillbirth, or her infant showing signs of Neonatal
Abstinence Syndrome or Fetal Alcohol Spectrum Disorder caused by
such use of alcohol or a prescribed controlled dangerous substance.
E. If a substance-impacted perinatal woman does not make a
good-faith effort to enroll in and attend or complete an addiction
recovery program, or other qualified program, or both, the district
attorney may pursue an appropriate disposition under Section 1-546.5
of Title 63 of the Oklahoma Statutes.
F. Any health care provider who fails to identify a substance-
impacted perinatal woman’s use of a controlled dangerous substance
or alcohol when the health care provider did not know and could not
reasonably have known of such use, or complies with subsection B of
this section and paragraph 3 of subsection G of this section, shall
be presumed to be acting in good faith and shall have immunity from
any civil liability that might otherwise result by reason of such
act or omission.
Req. No. 3037 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
G. Nothing in this section shall be construed to limit or
preclude:
1. The investigation, filing, or prosecution of child abuse,
child neglect, or child endangerment charges unrelated to pregnancy-
based conduct;
2. The substance-impacted perinatal woman from losing parental
rights unrelated to pregnancy-based conduct; or
3. A health care provider’s obligation to report a substance-
exposed newborn under Section 1-2-101 of Title 10A of the Oklahoma
Statutes.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-546.5, is
amended to read as follows:
Section 1-546.5. A district attorney may convene a
multidisciplinary team to assist in making a determination of the
appropriate disposition of a case of a pregnant woman who is abusing
or is addicted to drugs or alcohol to the extent that the unborn
child is at risk of harm. The multidisciplinary team shall include
at least one person with training and experience in the treatment of
addiction. As used in this section, an appropriate disposition may
include but shall not be limited to filing a petition for
involuntary commitment as provided by Section 5-410 et seq. of Title
43A of the Oklahoma Statutes to a public facility or a private
facility willing to accept the pregnant woman for treatment and at
Req. No. 3037 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
least one person with training and experience in the treatment of
pregnant women.
SECTION 3. This act shall become effective November 1, 2026.
60-2-3037 DC 1/15/2026 9:44:24 AM