Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1094

Introduced
2/6/23  
Refer
2/7/23  
Report Pass
2/14/23  
Engrossed
3/1/23  
Refer
3/29/23  
Report Pass
4/10/23  
Enrolled
4/25/23  

Caption

Oklahoma Health Care Agent Act; modifying signature requirement for power of attorney for health care; modifying certain form. Emergency.

Impact

The impact of SB 1094 on Oklahoma state laws includes the introduction of a more user-friendly approach regarding health care powers of attorney, potentially leading to increased compliance among residents who wish to establish their health care preferences in advance. By allowing oral or written individual instructions and clarifying the role and responsibilities of appointed agents, the bill aims to enhance the autonomy of patients and their families in making critical health care decisions. This change is expected to solidify individuals' rights over their health care choices, including end-of-life decisions, while adhering to both existing laws and new amendments.

Summary

Senate Bill 1094 amends the Oklahoma Health Care Agent Act by modifying the processes around the execution and requirements of a power of attorney for health care decisions. The bill updates provisions regarding the authority of agents designated to make health care decisions on behalf of individuals, particularly in scenarios where those individuals may lack the capacity to make decisions themselves. It also specifies the necessary witnessing and notarization required for the power of attorney document, aiming to streamline and clarify the instructions individuals can provide regarding their health care preferences.

Sentiment

The sentiment surrounding SB 1094 appears broadly supportive, with legislators highlighting the bill as a necessary improvement to existing laws governing health care decision-making. Supporters argue that the alterations will provide individuals with greater control and flexibility in managing their health care preferences. The ease of modifying the power of attorney document is seen as a positive development, reinforcing the bill's goal of accommodating the specific wishes of patients and their families. However, some concerns have been raised regarding the implications of scribal accuracy related to individual instructions and the administrative burdens on health care providers responsible for adherence to these directives.

Contention

Key points of contention regarding SB 1094 center on ensuring that the provisions adequately protect individuals' wishes without introducing complexities that could hinder decision-making during critical circumstances. A potential area of debate involves the balance between empowering agents to make significant health care decisions while preventing abuse or misuse of such power. Additionally, the process by which agents determine a principal's best interests comes into question, especially in ambiguous situations where individual instructions may not be clear. The deadlines and procedural requirements for establishing such powers of attorney could also generate discussion among legislators and healthcare professionals.

Companion Bills

OK SB1094

Carry Over Oklahoma Health Care Agent Act; modifying signature requirement for power of attorney for health care; modifying certain form. Emergency.

Previously Filed As

OK SB1094

Oklahoma Health Care Agent Act; modifying signature requirement for power of attorney for health care; modifying certain form. Emergency.

OK SB612

Oklahoma Lottery; modifying certain requirements of the Oklahoma Lottery Commission; modifying requirements to claim prize. Effective date.

OK SB704

Oklahoma State University Medical Authority; modifying membership of the Authority; modifying powers and duties of the Authority and the Oklahoma State University Medical Trust. Effective date.

OK SB737

Filmed in Oklahoma Act of 2021; modifying certain rate of reimbursement; modifying requirements for promotional materials. Emergency.

OK SB475

Uniform Controlled Dangerous Substances Act; defining certain term; modifying certain registration suspension and revocation guidelines; modifying certain registration guidelines; modifying certain requirement. Emergency.

OK SB623

Motor vehicles; modifying references to Service Oklahoma. Effective date. Emergency.

OK SB849

Oklahoma Broadband Expansion Act; modifying requirements for assistance provided to the Office by certain agency; providing for hiring of certain personnel. Emergency.

OK HB1837

Motor vehicles; modifying name of responsible agency; modifying length of issuance for commercial learner permits; repealer; effective date; emergency.

OK HB1897

Public health and safety; modifying statutory references; modifying name of certain act; effective date.

OK SB264

Medical marijuana; modifying application method for certain entities; modifying various action duties and functions of the Oklahoma Medical Marijuana Authority. Effective date.

Similar Bills

OK HB3815

Health care power of attorney; creating the Health Care Agent Act; emergency.

OK SB1596

Health care power of attorney; creating the Oklahoma Health Care Agent Act; establishing requirements for power of attorney for health care. Emergency.

OK SB1390

Pharmacy benefits managers; modifying jurisdiction and responsibilities of the Attorney General's Office; establishing requirements and penalties. Emergency.

OK SB773

Pharmacy benefit managers; modifying definitions; prohibiting certain circumstances; requiring nonpayment under providing venue for certain court proceeding; allowing Attorney General to obtain certain information. Effective date.

OK HB3376

Pharmacy benefit managers; Patient's Right to Pharmacy Choice Act; definitions; contracts; health information; fines and fees; creating revolving fund; emergency.