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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (20 22)
HOUSE BILL 3815 By: Stinson
AS INTRODUCED
An Act relating to public health and safety; enacting
the Oklahoma Uniform Health Care Decisions Act;
defining terms; providing applicability to all
advance health directives executed in conformity with
the requirements of this act; providing that all
advance health directives validly executed prior to
the effective date are valid and enforceable
according the statutory provisions in effec t at the
time of execution; providing applicability to all
powers of attorney for health care executed in
conformity with the requirements of this act;
providing that all powers of attorney for health care
validly executed prior to the effective date are
valid and enforceable according the statutory
provisions in effect at the time of execution;
providing that all powers of attorney for health care
executed in accordance with a certain statute after
and before a specified date are valid and
enforceable; providing for oral or written advance
health care directives; providing for a power of
attorney for health care; providing when a power of
attorney for health care becomes effective and when
it ceases; providing for when an individual lacks or
has recovered capacity under advance health care
directive; providing guidance health care decisions
made by an agent; providing that h ealth care decision
made by an agent is effe ctive without judicial
approval; providing that a written advance health
care directive may include the individual's
nomination of a guardian of the person ; providing
guidance for validity of an advance health care
directive; providing for revocation of an advance
health care directive; providing an optional advance
health care directive form; providing when a
surrogate may make a health care decision for a
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patient; providing how a health care surrogate is
designated; providing guidance on how a surrogate
makes health care decisions; providing that a health
care decision made by a surrogate for a patient is
effective without judicial approval; providing for
disqualifying of a surrogate; providing who may not
be a surrogate; providing that a supervising health
care provider may require an individual claiming the
right to act as surrogate for a patie nt to provide a
written declaration; providing guidelines for
decisions by guardians; providing obligations of a
health care provider; providing rights in relation to
health care information; providing immunity in
certain circumstances; providing for statu tory
damages; providing right to make health care
decisions while having capacity to do so; providing
the presumption of capacity; providing that copy of a
written advance health care directive, revocation of
an advance health care directive, or designatio n or
disqualification of a surrogate has the same effect
as the original; providing the effect of the act;
providing for judicial relief; providing for
uniformity of application and construction ; providing
a severability clause; providing for codification;
repealing 63 O.S. 2021, Sections 3101.1, 3101.2,
3101.3, 3101.4, 3101.5, 3101.6, 3101.7, 3101.8,
3101.9, 3101.10, 3101.11, 3101.12, 3101.13, 3101.14,
3101.15, 3101.16, 3102.1, 3102.2, 3102.3, 3102.4,
3102.5 and 3102A, which relate to adverse medical
directives; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 7320 of Title 63, unless there
is created a duplication in numberi ng, reads as follows:
This act shall be known and may be cited as the "Oklahoma
Uniform Health Care Decisions Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7321 of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Advance health care directive" means an individual
instruction or a power of att orney for health care;
2. "Agent" means an individual designa ted in a power of
attorney for health care to make a health care decision for the
individual granting the power ;
3. "Capacity" means an individual's ability to understa nd the
significant benefits, risks, and alternatives to proposed health
care and to make and communicate a health care decision;
4. "Guardian" means a judicially appointed guardian or
conservator having authority to make a health care decision for an
individual;
5. "Health care" means any care, treatment, service, or
procedure to maintain, diagnose, or otherwise a ffect an individual's
physical or mental condition ;
6. "Health care decision" means a decision made by an
individual or the individual 's agent, guardian, or surrogate,
regarding the individual's health care, including:
a. selection and discharge of health care providers and
institutions,
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b. approval or disapproval of diagnostic tests, surgical
procedures, programs of medication, and orders not to
resuscitate, and
c. directions to provide, withhold, or withdraw
artificial nutrition and hydration and all oth er forms
of health care;
7. "Health care institution" means an institution, facility, or
agency licensed, certified, or otherwise authorized or permitted by
law to provide health care in the ordinary course of business ;
8. "Health care provider" means an individual licensed,
certified, or otherwise authorized or permitted by law to provide
health care in the ordinary course of business or practi ce of a
profession;
9. "Individual instruction" means an individual's direction
concerning a health care decision for the individual ;
10. "Person" means an individual, corporation, business trust,
estate, trust, partnership, association, joint venture, g overnment,
governmental subdivision, agency, or instrumentality, or any other
legal or commercial entity;
11. "Physician" means an individual authorized to practice
medicine or osteopathy under Chapter 11 or 14 of Title 59 of the
Oklahoma Statutes;
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12. "Power of attorney for health care" means the designation
of an agent to make health care decisions for the indiv idual
granting the power;
13. "Primary physician" means a physician designated by an
individual or the individual 's agent, guardian, or s urrogate, to
have primary responsibility for the individual's health care or, in
the absence of a designation or if th e designated physician is not
reasonably available, a physician who undertakes the responsibility ;
14. "Reasonably available " means readily able to be contacted
without undue effort and willing and able to act in a timely manner
considering the urgency of the patient's health care needs;
15. "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Ri co, or a territory or insula r
possession subject to the jurisdiction of the United States ;
16. "Supervising health care provider" means the primary
physician or, if there is no primary physician or the primary
physician is not reasonably available, the he alth care provider who
has undertaken primary responsibility for an individual 's health
care; and
17. "Surrogate" means an individual, other than a patient 's
agent or guardian, authorized under this act to make a health care
decision for the patient.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7322 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The provisions of this act shall be applicable to all
advance health directives e xecuted in conformity with the
requirements this act.
B. All advance health directives validly executed prior to the
effective date of this act shall be valid and enforceable according
the statutory provisions in effect at the time the directive was
executed.
C. The provisions of this act shall be applicable to all powers
of attorney for heal th care executed in conformity with the
requirements this act.
D. All powers of attorney for health care validly executed
prior to the effective date of this act shall be valid and
enforceable according the statutory provisions in effect at the time
the directive was executed.
E. All powers of attorney for health care executed on or after
November 1, 2021, but no later than the effective date of this act,
that were executed in accord ance with the requirements of Section
1071 et seq. of Title 58 of the Okl ahoma Statutes are valid and
enforceable according to those statutes.
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SECTION 4. NEW LAW A new section of law to b e codified
in the Oklahoma Statutes as Section 7323 of Title 63, unless there
is created a duplication in numbering, r eads as follows:
A. An adult or emancipated minor may give an individual
instruction concerning his or her health care . The instruction m ay
be oral or written. The instr uction may be limited to take effect
only if a specified co ndition arises.
B. An adult or emancipated minor may execute a power of
attorney for health care, which may authorize the agent to make any
health care decision the principal could have made while having
capacity. The power must be in writing and signed by the principal.
The power remains in effect notwithstanding the principal 's later
incapacity and may include individual instructions. Unless related
to the principal by blood, marriage, or adop tion, an agent may not
be an owner, operator, or employee o f a residential long -term health
care institution where the principal is receiving care.
C. Unless otherwise specified in a power of attorney for health
care, the authority of an agent becomes effective only upon a
determination that the principal lacks c apacity, and ceases to be
effective upon a determination that the principal has recovered
capacity.
D. Unless otherwise specified in a written advance health care
directive, a determination tha t an individual lacks or has recovered
capacity, or that anoth er condition exists that affects an
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individual instruction or the authority of an agent, must be made by
the primary physician.
E. An agent shall make a health care decision in accordance
with the principal's individual instructions, if any, and other
wishes to the extent known t o the agent. Otherwise, the agent shall
make the decision in accordance with the agent 's determination of
the principal's best interest. In determining the principal 's best
interest, the agent shall consider the principal 's personal values
to the extent known to the agent.
F. A health care decision made by an agent for a principal is
effective without judicial approval.
G. A written advance health care directive may include the
individual's nomination of a guardian of the person .
H. An advance health care directive is valid for purposes of
this act if it complies with this act, regardless of when or where
executed or communicated.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 7324 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. An individual may revoke the designation of an agent onl y by
a signed statement or by personally informing the supervising health
care provider.
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B. An individual may revoke all or part of an advance health
care directive, other than the designation of an agent, at any time
and in any manner that communicates a n intent to revoke.
C. A health care provider, agent, guardian, or surrogate who is
informed of a revocation shall p romptly communicate the fact of the
revocation to the supervising health care provider and to any health
care institution at which the pati ent is receiving care.
D. A decree of annulment, divorce, dissolution of marriage, or
legal separation revokes a pre vious designation of a spouse as agent
unless otherwise specified in the decree or in a power of attorney
for health care.
E. An advance health care directive that confli cts with an
earlier advance health care directive revokes th e earlier directive
to the extent of the conflict.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 7325 of Title 63, unless there
is created a duplication in numbering, reads as follows:
The following form may, but need not, be used to create an
advance health care directive. The other sections of this act
govern the effect of this or any other writi ng used to create an
advance health care directive. An individual may complete or modify
all or any part of the foll owing form:
ADVANCE HEALTH CARE DIRECTIVE
Explanation
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You have the right to give instructions about your own health
care. You also have the right to name someone else t o make health
care decisions for you. This form lets you do either or both of
these things. It also lets you express your wishes regarding
donation of organs and the designation of your primary physician.
If you use this form, you may complete or modify all or any part of
it. You are free to use a different for m.
Part 1 of this form is a power of attorney for health care.
Part 1 lets you name another individual as agent to make health care
decisions for you if you become incapable of making your own
decisions or if you want someone else to make those decisions for
you now even though y ou are still capable. You may also name an
alternate agent to act for you if your first choice is not willing,
able, or reasonably availab le to make decisions for you. U nless
related to you, your agent may not be an owner, operat or, or
employee of a residential long-term health care institution at which
you are receiving care.
Unless the form you sign limits the authority of your agent,
your agent may make all health care decisions for you. This form
has a place for you to limit the authority of your age nt. You need
not limit the authority of your agent if you wish to rely on your
agent for all health care decisions that may have to be mad e. If
you choose not to limit the authority of your agent, your agent will
have the right to:
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1. Consent or refuse consent to any care, treatment, service,
or procedure to maintain, diagnose, or otherwise affect a physical
or mental condition;
2. Select or discharge health care providers and institutions;
3. Approve or disapprove diagnostic t ests, surgical procedures ,
programs of medication, and orders not to resuscitat e; and
4. Direct the provision, withholding, or withdrawal of
artificial nutrition a nd hydration and all other for ms of health
care.
Part 2 of this form lets you give specific instructions about
any aspect of your health care. Choices are provided for you to
express your wishes regarding the provision, withholding, or
withdrawal of treatment to keep you alive, includ ing the provision
of artificial nutrition and hydration, as we ll as the provision of
pain relief. Space is also provided for you to add to the choices
you have made or for you to write out any additional wishes.
Part 3 of this form lets you express an int ention to donate your
bodily organs and tissues following your death.
Part 4 of this form lets you designate a physician to have
primary responsibility for your health care.
After completing this form, sign and date the form a t the end.
It is recommended but not required that you request two other
individuals to sign as witnesses. Give a c opy of the signed and
completed form to your physician, to any other health care providers
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you may have, to any health care institution at which you are
receiving care, and to any health care agents you have named. You
should talk to the person you have n amed as agent to make sure that
he or she understands your wishes and is willing to take the
responsibility.
You have the right to revoke t his advance health care directive
or replace this form at any time.
* * * * * * * * * * * * * * * * * * * * *
PART 1
POWER OF ATTORNEY FOR HEALTH CARE
(1) DESIGNATION OF AGENT: I designate the following individual
as my agent to make health care decisions for me:
___________________________________________________________________
(name of individual you choose as a gent)
___________________________________________________________________
(address) (city) (state) (zip code)
__________________________ _________________________________________
(home phone) (work phone)
OPTIONAL: If I revoke my agent 's authority or if my agent is
not willing, able, or reasonably available to make a health care
decision for me, I designate as my first alternate agent:
_______________________________________ _________________________ ___
(name of individual you choose as first alternate agent)
____________________________________________________________ _______
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(address) (city) (state) (zip code)
_________________________________ _________________________ _________
(home phone) (work phone)
OPTIONAL: If I revoke the authority of my agent and first
alternate agent or if neither is willing, abl e, or reasonably
available to make a health care decision for me, I designate as my
second alternate agent:
_____________________________________________________________ ______
(name of individual you choose as second alternate ag ent)
______________________ _____________________________________________
(address) (city) (state) (zip code)
___________________________________________________________________
(home phone) (work p hone)
(2) AGENT'S AUTHORITY: My agent is authorized to make all
health care decisions for me, including decisions t o provide,
withhold, or withdraw artificial nutrition and hydration and all
other forms of health care to keep me alive, except as I state here:
___________________________________________________________________
___________________________________________ ________________________
___________________________________________________________________
(Add additional sheets if needed.)
(3) WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE: My agent's
authority becomes effective when my primary physician determines
that I am unable to make my own health care decisions unless I mark
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the following box. If I mark this box [ ], my agent 's authority
to make health care decisions for me takes effect immediately.
(4) AGENT'S OBLIGATION: My agent s hall make health care
decisions for me in accordance with this power of attorney for
health care, any instructions I give in Part 2 of this form, and my
other wishes to the extent known to my agent. To the extent my
wishes are unknown, my agent shall make health care decisions for me
in accordance with what my agent determines to be in my best
interest. In determining my best interest, my agent shall consider
my personal values to the extent known to my agent.
(5) NOMINATION OF GUARDIAN: If a guardian o f my person needs
to be appointed for me by a court, I nominate the agent designated
in this form. If that agent is not willing, able, or reasonably
available to act as guardian, I nominate the alternate agents whom I
have named, in the order designated.
PART 2
INSTRUCTIONS FOR HEALTH CARE
If you are satisfied to allow your agent to determine what is
best for you in making end -of-life decisions, you need not fill out
this part of the form. If you do fill out this part of the form,
you may strike any wor ding you do not want.
(6) END-OF-LIFE DECISIONS: I direct that my health care
providers and others involved in my care provide, withhold, or
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withdraw treatment in accordance with the choice I have marked
below:
[ ] (a) Choice Not To Prolong Life
I do not want my life to be pr olonged if (i) I have an incurable
and irreversible condition that will result in my death within a
relatively short time, (ii) I become unc onscious and, to a
reasonable degree of medical certainty, I will not regain
consciousness, or (iii) the likely risk s and burdens of treatment
would outweigh the expected benefits, OR
[ ] (b) Choice To Prolong Life
I want my life to be prolonged as long as possible within the
limits of generally accepted health care standards.
(7) ARTIFICIAL NUTRITION AND HYDRATION: Artificial nutrition
and hydration must be provided, withheld, or withdrawn in accordance
with the choice I have made in paragraph (6) unle ss I mark the
following box. If I mark this box [ ], artificial nutrition and
hydration must be provided regardless of my condition and regardless
of the choice I have made in paragraph (6).
(8) RELIEF FROM PAIN: Except as I state in the following
space, I direct that treatment for alleviation of pain or discomfort
be provided at all times, even if it hastens my death:
___________________________________________________________________
___________________________________________________________________
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(9) OTHER WISHES: (If you do not agree with any of the
optional choices above and wish to write your own, or if you wish to
add to the instructions you have given above, you may do so here.)
I direct that:
______________________________________________ _____________________
___________________________________________________________________
(Add additional sheets if needed.)
PART 3
DONATION OF ORGANS AT DEATH
(OPTIONAL)
(10) Upon my death (mark applicable box)
[ ] (a) I give any needed organs, tis sues, or parts, OR
[ ] (b) I give the following organs, tissues, or parts only
_________________________________ ____________________
(c) My gift is for the following purposes (strike any of
the following you do not want)
(i) Transplant
(ii) Therapy
(iii) Research
(iv) Education
PART 4
PRIMARY PHYSICIAN
(OPTIONAL)
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(11) I designate the following physician as my primary
physician:
___________________________________________________________________
(name of physician)
___________________________________________________________________
(address) (city) (state) (zip code)
___________________________________________________________________
(phone)
OPTIONAL: If the physician I have designated above i s not
willing, able, or reasonably available to act as my primary
physician, I designate the fol lowing physician as my pr imary
physician:
___________________________________________________________________
(name of physician)
_____________________________ __________________________________ ____
(address) (city) (state) (zip code)
___________________________________________________________________
(phone)
* * * * * * * * * * * * * * * * * * * *
(12) EFFECT OF COPY: A copy of this form has the same effect
as the original.
(13) SIGNATURES: Sign and date the form here :
_______________________ ________ ______________________________
(date) (sign your name)
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_______________________________ _________________________ _____
(address) (print your name)
_______________________________
(city) (state)
(Optional) SIGNATURES OF WITNESSES:
First witness Second witness
______________________________ _____________ __________________
(print name) (print name)
______________________________ _______________________________
(address) (address)
______________________________ _____ _________________________
(city) (state) (zip code) (city) (state) (zip code)
______________________________ ______________________________
(signature of witness) (signature of witness)
______________________________ ______________________________
(date) (date)
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7326 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A surrogate may make a health care decision for a patient
who is an adult or em ancipated minor if the patient has been
determined by the prim ary physician to lack capacity and no agent or
guardian has been appointed or the agent or guardian is not
reasonably available.
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B. An adult or emancipated minor may designate any individual
to act as surrogate by personally informing the supervising health
care provider. In the absen ce of a designation, or if the designee
is not reasonably available, any member of the follo wing classes of
the patient's family who is reasonably available, in de scending
order of priority, may act as surrogate:
1. The spouse, unless legally separated;
2. An adult child;
3. A parent; or
4. An adult brother or sister.
C. If none of the indiv iduals eligible to act as surrogate
under subsection B of this section is reasonably available, an adult
who has exhibited special care and concern for the patient, who is
familiar with the patient's personal values, and who is reasonably
available may act as surrogate.
D. A surrogate shall communicate his or her assumption of
authority as promptly as practicable to the members of the patient 's
family specified in subsection B of this section who can be readily
contacted.
E. If more than one member of a c lass assumes authority to act
as surrogate, and they do not agree on a health care decision and
the supervising health care provider is so informed , the supervising
health care provider shall comply with the decision of a majority of
the members of that cl ass who have communicated their views to the
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provider. If the class is evenly divide d concerning the health care
decision and the supervising health care provider is so informed,
that class and all individuals having lower priority are
disqualified from making the decision.
F. A surrogate shall make a health care decision in accordance
with the patient's individual instructions, if any, and other w ishes
to the extent known to the surro gate. Otherwise, the surrogate
shall make the decision in accordance w ith the surrogate's
determination of the patient 's best interest. In determining the
patient's best interest, the surrogate shall consider the pat ient's
personal values to the extent k nown to the surrogate.
G. A health care decision made by a surrogate f or a patient is
effective without judicial approval.
H. An individual at any time ma y disqualify another, including
a member of the individual 's family, from acting as the individual's
surrogate by a signed statement or by personally informing the
supervising health care provider of the disqualification.
I. Unless related to the patient by blood, marriage, or
adoption, a surrogate may not be an owner , operator, or employee of
a residential long-term health care institution at which the patient
is receiving care.
J. A supervising health care provider may require an individual
claiming the right to act as surrogate for a patient to provide a
written declaration under penalty of perjury s tating facts and
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circumstances reasonably sufficient to establish the c laimed
authority.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7327 of Title 63, unless there
is created a duplicat ion in numbering, reads as follows:
A. A guardian shall comply with th e ward's individual
instructions and may not revoke the ward 's advance health care
directive unless the appointing court expressly so authorizes.
B. Absent a court order to the contrar y, a health care decision
of an agent takes precedence over that of a g uardian.
C. A health care decision made by a guardian for the ward is
effective without judicial approval.
SECTION 9. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 7328 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Before implementing a health care decision made for a
patient, a supervising health care provider, if possible, shall
promptly communicate to the patient the decision made and the
identity of the person making the decision .
B. A supervising health care provider who knows of the
existence of an advance health care directive, a revocation of a n
advance health care directive, or a designation or disqualification
of a surrogate, shall promptly record i ts existence in the patie nt's
health care record and, if it is in writing, shall requ est a copy
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and if one is furnished shall arrange for its maint enance in the
health care record.
C. A primary physician who makes or is informed of a
determination that a patient lacks or has reco vered capacity, or
that another condition exists which affec ts an individual
instruction or the authority of an agent, gua rdian, or surrogate,
shall promptly record the determination in the patient's health care
record and communicate the determination to the patient, if
possible, and to any person then authorized to make health care
decisions for the patient.
D. Except as provided in subsections E and F of this section, a
health care provider or institution providing care to a pat ient
shall:
1. Comply with an individual instruction of the patient and
with a reasonable interpretation of that instruction made by a
person then authorized to make health care decisions for the
patient; and
2. Comply with a health care decision for the patient made by a
person then authorized to make health care decisions for the patie nt
to the same extent as if the decision had been made by the patient
while having capacity.
E. A health care provider may decline to comply with a
patient's individual instruction or health care decision for reasons
of conscience. A health care institution may decline to comply with
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a patient's individual instruction or health care decision if the
instruction or decisi on is contrary to a policy of the institution
which is expressly based on reas ons of conscience and if the policy
was timely communicated to the patient or to a person then
authorized to make health care decisions for the patient.
F. A health care provider or institution may decline to comply
with an individual instruction or health care decision that requires
medically ineffective health care or health care contrary to
generally accepted health care standards applicable to the health
care provider or institution.
G. A health care provider or institution th at declines to
comply with an individual instruction or health care decision shall:
1. Promptly so inform the patient, if possible, and any person
then authorized to make health care decisions for the patient;
2. Provide continuing care to the patient un til a transfer can
be effected; and
3. Unless the patient or person then authorized to make health
care decisions for the patient refuses assistance, immediately m ake
all reasonable efforts to assist in the transfer of the patient to
another health care provider or institution th at is willing to
comply with the instruction or decision.
H. A health care provider or institution may not require or
prohibit the executi on or revocation of an advance health care
directive as a condition for providing health car e.
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SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes as Section 7329 of Title 63, unless there
is created a duplication in numbering, reads as follow s:
Unless otherwise specified in an advance health care directive,
a person then authorized to make health care decisions for a patient
has the same rights as the patient to request, receive, examine,
copy, and consent to the disclosure of medical or any o ther health
care information.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7330 of Title 63, unless there
is created a duplication in numbering, re ads as follows:
A. A health care provider or institution acting in good faith
and in accordance with generally accep ted health care standards
applicable to the health care provider or institutio n is not subject
to civil or criminal liability or to discipl ine for unprofessional
conduct for:
1. Complying with a health care decision of a person ap parently
having authority to make a health care decision for a patient,
including a decision to withhol d or withdraw health care;
2. Declining to comply with a health care decision of a person
based on a belief that the person then lacked authority; or
3. Complying with an advan ce health care directive and
assuming that the directive was valid when made and has not been
revoked or terminated.
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B. An individual acting as agent or surrogate under this ac t is
not subject to civil or criminal liability or to discipline for
unprofessional conduct for health care decisions made in good faith.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7331 of Title 63, unless there
is created a duplication in numbering, reads as fo llows:
A. A health care provider or institution that intentionally
violates this act is subject to liability to the aggrieved
individual for damages of One Thousand Dollars ($1,000.00) or actual
damages resulting from the violatio n, whichever is greater, plus
reasonable attorney fees.
B. A person who intentionally falsifies, forg es, conceals,
defaces, or obliterates an individual 's advance health care
directive or a revocation of an advance health care directive
without the individual's consent, or who co erces or fraudulently
induces an individual to give, revoke, or not to give a n advance
health care directive, is subject to liability to th at individual
for damages of Five Thousand Dollars ($5,000.00) or actual damages
resulting from the action, whichever is greater, plus reasonable
attorney fees.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7332 of Title 63, unless there
is created a duplication in numbering, re ads as follows:
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A. This act does not affect the right of an individual to make
health care decisions while having capacity to do so.
B. An individual is presume d to have capacity to make a health
care decision, to give or revoke an advance health care directive,
and to designate or disqualify a surrogate.
SECTION 14. NEW LAW A ne w section of law to be codified
in the Oklahoma Statutes as Se ction 7333 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A copy of a written advan ce health care directive, revocation of
an advance health care directive, or designation or disqualification
of a surrogate has the same effect as the original.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7334 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. This act does not create a presumption concerning the
intention of an individual who has not made or who has revoked an
advance health care directive.
B. Death resulting from the withholding or withdrawal of health
care in accordance with this act does not for any purpose constit ute
a suicide or homicide or legally imp air or invalidate a policy of
insurance or an annuity providing a death benefit , notwithstanding
any term of the policy or annuity to the contrary.
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C. This act does not authorize mercy killing, assisted suicide,
euthanasia, or the provision, withholding, or withdrawal of health
care, to the extent prohibited by other statutes of thi s state.
D. This act does not authorize or require a health care
provider or institution to provide health care contrary to generally
accepted health care standards applicable to the health care
provider or institution.
E. This act does not authorize an agent or surrogate to consent
to the admission of an individual to a mental health care
institution unless the individual 's written advance health care
directive expressly so pr ovides.
F. This act does not affect other statutes of this state
governing treatment for mental illness of an individual
involuntarily committed to a men tal health care institution under
Chapter 1 of Title 43A of the Oklahoma Statutes.
SECTION 16. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes as Section 7335 of Title 63, unless there
is created a duplication in numberin g, reads as follows:
On petition of a patient, the patient 's agent, guardian, or
surrogate, a health care provider or institution involved with the
patient's care, or an individual described in subsection B or C of
Section 4 of this act, the court may enjoin or direct a health care
decision or order other equitable rel ief. A proceeding under this
section is governed by Title 59 of the Oklahoma Statutes.
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SECTION 17. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7336 of Title 63, unless there
is created a duplicati on in numbering, reads as follows:
This act shall be applied and construed to effec tuate its
general purpose to make uniform the law with respect to the subject
matter of this act among states enacting it.
SECTION 18. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Section 7337 of Title 63, unless there
is created a duplication in numbering, reads as follows:
If any provision of this act or its application to any person or
circumstance is held invalid, the inva lidity does not affect other
provisions or applications of this act which can be gi ven effect
without the invalid provision or application, and to this end the
provisions of this act are severable.
SECTION 19. REPEALER 63 O.S. 2021, Sections 3101.1,
3101.2, 3101.3, 3101.4, 3101.5, 3101.6, 3101.7, 3101.8, 3101.9,
3101.10, 3101.11, 3101.12, 3101.13, 3101.14, 3101.15, 3101.16,
3102.1, 3102.2, 3102.3, 3102.4, 3102.5 and 3102A, are hereby
repealed.
SECTION 20. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-2-9376 JL 01/19/22