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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1225 By: Bullard
AS INTRODUCED
An Act relating to health care; amending 25 O.S.
2021, Section 2002, which relates to parental rights;
removing certain condition on parental access to
medical records of minor child; amending 25 O.S.
2021, Section 2004, which relates to consent to
medical treatment of minors ; broadening applicabili ty
of certain requirement; amending 63 O.S. 2021,
Section 2602, which relates to minor self-consent to
health services; providing certain exception;
requiring parental consent for certain health
services; making language gender neutral; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 2002, is
amended to read as follow s:
Section 2002. A. All parental rights are r eserved to a parent
of a minor child without obstruction or interfer ence 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 chil d;
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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 mino r child;
4. The right to direct the mo ral or religious training of the
minor child;
5. The right to make healthcare 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 otherwise prohibited by law or the parent is the
subject of an investigation of a crime committed against th e minor
child and a law enforcement official requests that the information
not be released;
7. The right to consent in writing before a b iometric scan of
the minor child is made, shared or stored;
8. The right to consent in writing before any record of t he
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 b efore the state or any of
its political subdivisions makes a video or voice reco rding of the
minor child, unless the video or voice record ing is made during or
as a part of a court proceeding, by law enforc ement officers during
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or as part of a law enforcem ent investigation, during or as part of
a forensic interview in a criminal or De partment of Human Services
investigation or to be used sol ely for any of the following:
a. safety demonstrations, including the maintenance of
order and discipline in the commo n 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 cla ssroom instruction,
d. security or surveillance of buildings or grounds, and
e. a photo identification card; and
10. The right to be notified promptly if an employee of this
state, any political subdivision of this state, an y other
governmental entity or any other institution suspects that a
criminal offense has been committed against the m inor child by
someone other than a parent, unless the incident has first been
reported to law enforcement and notification of the parent w ould
impede a law enforcement o r Department of Human Services
investigation. This paragraph does not create any new o bligation
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.
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B. This section does not authorize or allo w 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 shal l not be
construed to apply to a parental action or decision that wo uld end
life. This section does not prohibit cour ts, law enforcement
officers or employees of a government agency responsible for child
welfare from acting in their official capacity with in the reasonable
and prudent scope of their authority. This sectio n does not
prohibit a court from issuing an order that is otherwise permitted
by law.
C. Any attempt to encourage or coerce a min or child to withhold
information from the child 's parent shall be grounds for discipline
of an employee of this state, any pol itical subdivision of this
state or any other gove rnmental entity, except for law enforcement
personnel.
D. Unless those rights h ave been legally waived or legally
terminated, parents hav e inalienable rights that are m ore
comprehensive than those listed i n this section. The Parents ' Bill
of Rights does not prescribe all rights of parents. Unless
otherwise required by law, the righ ts of parents of minor children
shall not be limited or de nied. The Parents' Bill of Rights shall
not be construed to apply t o a parental action or decision that
would end life.
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SECTION 2. AMENDATORY 25 O.S. 2021, Section 2004, is
amended to read as follows:
Section 2004. A. Except as otherwise provided by law, no
person, corporation, association, org anization, state-supported
institution, or individual employed by any of the se entities may
procure, solicit to perform, arrange for the performance of, perform
surgical procedures, or perform a physical examination upon a minor
or prescribe any prescripti on drugs to a minor or administer any
vaccination to a minor without first obtaining a written consent of
a parent or legal guardian of the minor. Provided, however, that if
written consent is provided to a school district for assessment or
treatment, such consent shall be effective for the school year for
which it is granted and shall be renewed each subsequent school
year. If an assessment or treatment is performed through
telemedicine at a school site and if consent has been provided by
the parent and is currently effective, the health pr ofessional shall
not be required to ver ify that the parent is at the site.
B. Except as otherwise provided by law, no hospital as defined
in Section 1-701 of Title 63 of the Oklahoma Statutes may permit
surgical procedures to be performed upon a minor in its facilities
without first having rec eived a written consent from a parent or
legal guardian of the minor.
C. The provisions of this section shall not apply when it has
been determined by a physician that an emergenc y exists and that it
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is necessary to perform such surgical procedures for th e treatment
of an injury, illness or drug abu se, or to save the life of the
patient, or when such parent or other adult authorized by law to
consent on behalf of a minor cannot be located or contacted after a
reasonably diligent effort.
D. The provisions of this section shall not apply to an
abortion, which shall be governed by the provisions of Sections 1 -
740 through 1-740.6 and Sections 1 -744 through 1-744.6 of Title 63
of the Oklahoma Statutes or any successor stat ute.
E. A person who violates a provis ion of this section is guilty
of a misdemeanor, punishable by a fine of not more than One Thousand
Dollars ($1,000.00) or imprisonment of not more than one (1) year in
the county jail, or by both such fine and impriso nment.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 2602, is
amended to read as follows:
Section 2602. A. Notwithstanding any ot her provision of law,
the following minors may consent to have health services provided by
health professionals in t he following cases:
1. Any minor who is married, has a dependent child or is
emancipated;
2. Any minor who is separated from his parents o r legal
guardian for whatever reason and is not supported by his p arents or
guardian;
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3. Any minor who is or has be en 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 t reatment of those
conditions specified in this sec tion; provided, further, however ,
that such self-consent does not apply to the receipt of
contraception or family planning counseling . Any health
professional who accepts the responsibility of providing su ch 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 hea lth professional
shall not reveal any information whatsoever to the spouse, parent or
legal guardian, without the consent of the minor;
4. Any minor parent as to his child;
5. Any spouse of a minor when the mino r is unable to give
consent by reason of ph ysical or mental incapacity;
6. Any minor who by reason of physical or mental capacity
cannot give consent and has no known relatives or legal guardian, if
two physicians agree on the health service to be given;
7. Any minor in need of emergency services for conditions which
will endanger his the health or life of the minor if delay would
result by obtaining consent from his the spouse, parent or legal
guardian of the minor; provided, however, that the prescribing of
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any medicine or device for t he prevention of pregnancy shall not be
considered such an e mergency service; or
8. 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.
B. If any minor falsely represents that he the minor may give
consent and a health professional provides health services in 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 shal l 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 of the minor.
B. C. 1. 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 in the emergency
circumstances described under paragraph 7 of subsection A of this
section. The judgment of the health professional as to noti fication
shall be final.
2. Except in the case of a minor who meets the criteria
provided by paragraph 1 or 2 of subsection A of this section, the
health professional s hall obtain the consent of the parent or legal
guardian of the minor before providing c ontraceptive services or
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family planning counseling to the minor or administering any
vaccination to a minor.
3. In all other instances 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.
4. The disclosure of the health professional 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.
D. Information about the minor obtained through care by a
health professional under the provisions of this act shall not be
disseminated to any health professional, school, law enforcement
agency or official, court authority, government agency or official
employer, without the consent of the minor, except through specific
legal requirements or if the giving of the information is necessary
to the health of the minor a nd public. Statistical reporting ma y be
done when the minor's identity is kept confidential.
E. The health professional shall not incur criminal liability
for action under the provisions of this act except for neg ligence or
intentional harm.
SECTION 4. This act shall become effective November 1, 2022.
58-2-2283 DC 1/10/2022 11:14:15 AM