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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2020 By: McIntosh
AS INTRODUCED
An Act relating to parental rights; amending 12 O.S.
2021, Section 2503, which relates to physician- and
psychotherapist-patient privilege; excluding minor
from certain privilege; amending 25 O.S. 2021,
Section 2002, which relates to the Parents’ Bill of
Rights; modifying exception to certain right;
authorizing certain civil actions; directing award of
certain relief; conferring certain rights on parents
and legal guardians subject to certain condition;
amending 59 O.S. 2021, Sections 1910 and 1939, which
relate to counselors; modifying conditions for
disclosure of certain information; amending 63 O.S.
2021, Section 2602, which relates to medical
treatment of minors; granting certain rights and
protections to parent or legal guardian subject to
certain exception; modifying and removing certain
conditions for minor self-consent; providing certain
construction; modifying certain notice and disclosure
requirements; 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 12 O.S. 2021, Section 2503, is
amended to read as follows:
Section 2503. A. As used in this section:
1. A “patient” is a person who consults or is examined or
interviewed by a physician or psychotherapist;
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2. A “physician” is a person authorized to practice medicine in
any state or nation, or reasonably believed by the patient to be so
authorized;
3. A “psychotherapist” is:
a. a person authorized to practice medicine in any state
or nation, or reasonably believed by the patient to be
so authorized, while engaged in the diagnosis or
treatment of a mental or emotional condition,
including alcohol or drug addiction, or
b. a person licensed or certified as a psychologist under
the laws of any state or nation, or reasonably
believed by the patient to be so licensed or
certified, while similarly engaged; and
4. A communication is “confidential” if not intended to be
disclosed to third persons, except persons present to further the
interest of the patient in the consultation, examination, or
interview, persons reasonably necessary for the transmission of the
communication, or persons who are participating in the diagnosis and
treatment under the direction of the physician or psychotherapist,
including members of the patient’s family.
B. A patient has a privilege to refuse to disclose and to
prevent any other person from disclosing confidential communications
made for the purpose of diagnosis or treatment of the patient’s
physical, mental, or emotional condition, including alcohol or drug
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addiction, among the patient, the patient’s physician or
psychotherapist, and persons who are participating in the diagnosis
or treatment under the direction of the physician or
psychotherapist, including members of the patient’s family, except
that a minor child under eighteen (18) years of age has no privilege
to refuse to disclose or to prevent any other person from disclosing
such confidential communications to the minor child’s parent or
legal guardian.
C. The privilege may be claimed by the patient, the patient’s
guardian or conservator, or the personal representative of a
deceased patient. The person who was the physician or
psychotherapist at the time of the communication is presumed to have
authority to claim the privilege but only on behalf of the patient.
D. The following shall be exceptions to a claim of privilege:
1. There is no privilege under this section for communications
relevant to an issue in proceedings to hospitalize the patient for
mental illness, if the psychotherapist in the course of diagnosis or
treatment has determined that the patient is in need of
hospitalization;
2. Communications made in the course of a court-ordered
examination of the physical, mental, or emotional condition of a
patient, whether a party or a witness, are not privileged under this
section when they relate to the particular purpose for which the
examination is ordered unless the court orders otherwise;
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3. The privilege under this Code as to a communication relevant
to the physical, mental, or emotional condition of the patient in
any proceeding in which the patient relies upon that condition as an
element of the patient’s claim or defense or, after the patient’s
death, in any proceeding in which any party relies upon the
condition as an element of the party’s claim or defense is qualified
to the extent that an adverse party in the proceeding may obtain
relevant information regarding the condition by statutory discovery;
4. When the patient is an inmate in the custody of the
Department of Corrections or a private prison or facility under
contract with the Department of Corrections, and the release of the
information is necessary:
a. to prevent or lessen a serious and imminent threat to
the health or safety of any person, or
b. for law enforcement authorities to identify or
apprehend an individual where it appears from all the
circumstances that the individual has escaped from a
correctional institution or from lawful custody; or
5. A minor child under eighteen (18) years of age has no
privilege to refuse to disclose or to prevent any other person from
disclosing communications otherwise confidential under this section
to the minor child’s parent or legal guardian; or
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6. The testimonial privilege created pursuant to this section
does not make communications confidential where state and federal
privacy law would otherwise permit disclosure.
SECTION 2. 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;
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 E 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
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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
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
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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.
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
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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.
E. A parent may bring a civil action in a court of competent
jurisdiction against any person who violates the rights of the
parent as conferred by this section. The court shall award a
prevailing plaintiff all appropriate relief including, but not
limited to, injunctive relief, actual damages, punitive damages,
court costs, and reasonable attorney fees.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2006 of Title 25, unless there
is created a duplication in numbering, reads as follows:
Notwithstanding any other provision of law, a parent or legal
guardian of a minor child under eighteen (18) years of age has a
right to be present during any meeting or consultation between a
health professional and the parent or legal guardian’s minor child
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under eighteen (18) years of age and to be provided, within a
reasonable time and at a reasonable cost, copies of any records of
services provided by a health professional to the parent or legal
guardian’s minor child. Provided, however, that a parent or legal
guardian shall not be entitled to be present during such a meeting
or consultation, or to access such records, when the health
professional has been made aware of an allegation of parental child
abuse, child neglect, or battery.
SECTION 4. AMENDATORY 59 O.S. 2021, Section 1910, is
amended to read as follows:
Section 1910. A. No person licensed pursuant to the provisions
of the Licensed Professional Counselors Act shall knowingly and
willfully disclose any information the licensee may have acquired
from persons consulting the licensee in his professional capacity as
a professional counselor or be compelled to disclose such
information except:
1. With the written consent of the client, or, except under the
circumstances described in paragraph 2 of this subsection, if the
client is less than eighteen (18) years of age, with the written
consent of the client’s parent or legal guardian, or in the case of
death or disability of the client, the consent of his personal
representative or other person authorized to sue or the beneficiary
of any insurance policy on his life, health, or physical condition;
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2. If the person is a child under the age of eighteen (18)
years and the information acquired by the licensed person indicated
that the child was the victim or subject of a crime, the licensed
person may be required to testify fully in relation thereto upon an
examination, trial or other proceeding in which the commission of
such a crime is a subject of inquiry;
3. If the client waives the privilege by bringing charges
against the licensed person;
4. When failure to disclose such information presents a danger
to the health of any person; or
5. If the licensed professional counselor is a party to a
civil, criminal or disciplinary action arising from such therapy, in
which case any waiver of the privilege accorded by this section
shall be limited to that action.
B. No information shall be treated as privileged and there
shall be no privileges created by the Licensed Professional
Counselors Act as to any information acquired by the person licensed
pursuant to the Licensed Professional Counselors Act when such
information pertains to criminal acts or violation of any law.
C. The Licensed Professional Counselors Act shall not be
construed to prohibit any licensed person from testifying in court
hearings concerning matters of adoption, child abuse, child neglect,
battery, or matters pertaining to the welfare of children or from
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seeking collaboration or consultation with professional colleagues
or administrative superiors on behalf of this client.
SECTION 5. AMENDATORY 59 O.S. 2021, Section 1939, is
amended to read as follows:
Section 1939. A. No person licensed pursuant to the provisions
of the Licensed Behavioral Practitioner Act shall disclose any
information the licensee may have acquired from persons consulting
the licensee in the licensee’s professional capacity as a behavioral
practitioner or be compelled to disclose such information except:
1. With the written consent of the client, or, except under the
circumstances described in paragraph 2 of this subsection, if the
client is less than eighteen (18) years of age, with the written
consent of the client’s parent or legal guardian, or in the case of
death or disability of the client, the consent of the client’s
personal representative or other person authorized to sue or the
beneficiary of any insurance policy on the client’s life, health, or
physical condition;
2. If the client is a child under the age of eighteen (18)
years and the information acquired by the licensed person indicated
that the child was the victim or subject of a crime, the licensed
person may be required to testify fully in relation thereto upon an
examination, trial, or other proceeding in which the commission of
such a crime is a subject of the inquiry;
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3. If the client waives the privilege by bringing charges
against the licensed person;
4. When failure to disclose such information presents a danger
to the health of any person; or
5. If the licensed behavioral practitioner is a party to a
civil, criminal, or disciplinary action arising from such therapy,
in which case any waiver of the privilege accorded by this section
shall be limited to that action.
B. No information shall be treated as privileged and there
shall be no privileges created by the Licensed Behavioral
Practitioner Act as to any information acquired by the person
licensed pursuant to the Licensed Behavioral Practitioner Act when
such information pertains to criminal acts or violation of any law.
C. The Licensed Behavioral Practitioner Act shall not be
construed to prohibit any licensed person from testifying in court
hearings concerning matters of adoption, child abuse, child neglect,
battery, or matters pertaining to the welfare of children or from
seeking collaboration or consultation with professional colleagues
or administrative superiors on behalf of this client.
SECTION 6. AMENDATORY 63 O.S. 2021, Section 2602, is
amended to read as follows:
Section 2602. A. Notwithstanding any other provision of law,
the Except as provided in this section:
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1. Health professionals shall not provide services to a minor
without the consent of a parent or legal guardian; and
2. A parent or legal guardian shall have the right to be
present during any meeting or consultation with a health
professional.
B. 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 parents or legal
guardian for whatever reason and is not supported by his parents or
guardian;
3. Any minor who is or has been pregnant, 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 Provided, however, that this
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section shall not be construed to authorize any health professional
to provide any abortion-related services to a minor, including
counseling or referrals to another health professional for the
purpose of procuring an abortion;
4. 3. Any minor parent as to his or her child;
5. 4. Any spouse of a minor when the minor is unable to give
consent by reason of physical or mental incapacity;
6. 5. Any minor who by reason of physical or mental capacity
cannot give consent and has no known relatives or legal guardian
guardian who is known or discoverable by the health professional
through reasonably diligent inquiry, if two physicians agree on the
health service to be given;
7. 6. Any minor in need of emergency services for conditions
which will endanger his health or life involve a substantial risk of
permanent damage to his or her physical health or death 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 or referral to another health professional for
the prevention or termination of pregnancy shall not be considered
such an emergency service; or
8. 7. 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.
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C. If any minor falsely represents facts that he may would
authorize him or her to give consent under subsection B of this
section and a health professional provides health services in
reasonable 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 negligence or, intentional harm. Consent of
the minor shall not be subject to later disaffirmance or revocation
because of his minority, or acts inconsistent with the requirements
of this section.
B. D. 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 6
of subsection A B 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, the
breach of the rule of privileged communication, or result in any
other breach that would incur liability.
E. 1. Except as provided by paragraph 2 of this subsection:
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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
B of this section, or
b. 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.
F. 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.
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G. 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.
SECTION 7. This act shall become effective November 1, 2026.
60-2-2332 DC 1/15/2026 10:05:51 AM