Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1225 Compare Versions

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3		-	ENGR. S. B. NO. 1225 Page 1 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 1225 By: Bullard and Jett of the
30		-	Senate
	29	+	SENATE FLOOR VERSION
	30	+	March 1, 2022
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32		-	and
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34		-	Crosswhite Hader of the
35		-	House
	33	+	SENATE BILL NO. 1225 By: Bullard
	34	+
	35	+
	36	+
	37	+	An Act relating to health care; amending 25 O.S.
	38	+	2021, Section 2002, which relates to parental rights;
	39	+	removing certain condition on parental access to
	40	+	medical records of minor child; amending 25 O.S.
	41	+	2021, Section 2004, which relates to consent to
	42	+	medical treatment of minors ; broadening applicabili ty
	43	+	of certain requirement; amending 63 O.S. 2021,
	44	+	Section 2602, which relates to minor self-consent to
	45	+	health services; providing certain exception;
	46	+	requiring parental consent for certain health
	47	+	services; making language gender neutral; and
	48	+	providing an effective date.
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40		-	[ health care - parental consent to medical treatment
41		-	of minors - minor self-consent to health services -
42		-	effective date ]
	53	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	54	+	SECTION 1. AMENDATORY 25 O.S. 2021, Section 2002, is
	55	+	amended to read as follow s:
	56	+	Section 2002. A. All parental rights are r eserved to a parent
	57	+	of a minor child without obstruction or interfer ence from this
	58	+	state, any political subdivision of this state, any other
	59	+	governmental entity or any other institution, including, but not
	60	+	limited to, the following rights:
	61	+	1. The right to direct the education of the minor chil d;
	62	+	2. All rights of parents identified in Title 70 of the Oklahoma
	63	+	Statutes, including the right to access and review all school
	64	+	records relating to the minor child;
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44		-
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46		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
47		-	SECTION 1. AMENDATORY 25 O.S. 2021, Section 2004, is
48		-	amended to read as follows:
49		-	Section 2004. A. Except as otherwise provided by law, no
50		-	person, corporation, association, org anization, state-supported
51		-	institution, or individual emplo yed by any of these entities may
52		-	procure:
53		-	1. Procure, solicit to perform, arrange for the performance of,
54		-	perform surgical procedures, or perform a physical examination upon
55		-	a minor or prescribe;
56		-	2. Prescribe, dispense, or administer any prescription drugs or
57		-	devices including but not limited to c ontraceptive drugs or devices
58		-	to a minor except as provided by S ection 2602 of Title 63 of the
59		-	Oklahoma Statutes;
60		-	3. Administer any vaccination to a minor; or
61		-
62		-	ENGR. S. B. NO. 1225 Page 2 1
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87		-	4. Provide family planning counseling to a minor except as
88		-	provided by Section 2602 of Title 63 of the Oklahoma Statutes,
89		-	without first obtaining a written consent of a parent or legal
90		-	guardian of the minor. Provided, however, that if written conse nt
91		-	is provided to a school district for ass essment or treatment, such
92		-	consent shall be effective for t he school year for which it is
93		-	granted and shall be renewed each subsequent school year. If an
94		-	assessment or treatment is performed through telemedicine at a
95		-	school site and if consent has been pr ovided by the parent and is
96		-	currently effective, the health professional shall not be required
97		-	to verify that the parent is at the site.
	92	+	3. The right to direct the upbringing of the mino r child;
	93	+	4. The right to direct the mo ral or religious training of the
	94	+	minor child;
	95	+	5. The right to make healthcare decisions for the minor child ,
	96	+	unless otherwise prohibited by law;
	97	+	6. The right to access and review all medical records of the
	98	+	minor child unless otherwise prohibited by law or the parent is the
	99	+	subject of an investigation of a crime committed against the minor
	100	+	child and a law enfor cement official requests that the information
	101	+	not be released;
	102	+	7. The right to consent in writing before a b iometric scan of
	103	+	the minor child is made, shared or stored;
	104	+	8. The right to consent in writing before any record of the
	105	+	minor child's blood or deoxyribonucleic acid (DNA) is created,
	106	+	stored or shared, except as required by Sections 1 -516 and 1-524.1
	107	+	of Title 63 of the Oklahoma Statutes , or unless authorized pursuant
	108	+	to a court order;
	109	+	9. The right to consent in writing before the state or any of
	110	+	its political subdivisions makes a video or voice reco rding of the
	111	+	minor child, unless the video or voice record ing is made during or
	112	+	as a part of a court proceeding, by law enforc ement officers during
	113	+	or as part of a law enforcement investigation, during or as part of
	114	+	a forensic interview in a criminal or De partment of Human Services
	115	+	investigation or to be used sol ely for any of the following:
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	143	+	a. safety demonstrations, including the maintenance of
	144	+	order and discipline in the common areas of a school
	145	+	or on student transportation vehicles,
	146	+	b. a purpose related to a legitimate academic or
	147	+	extracurricular activity,
	148	+	c. a purpose related to regular cla ssroom instruction,
	149	+	d. security or surveillance of buildings or grounds, and
	150	+	e. a photo identification card; and
	151	+	10. The right to be notified promptly if an employee of this
	152	+	state, any political subdivision of this state, an y other
	153	+	governmental entity or any other institution suspects that a
	154	+	criminal offense has been committed against the minor child by
	155	+	someone other than a parent, unless the incident has first been
	156	+	reported to law enforcement and notification of the parent w ould
	157	+	impede a law enforcement o r Department of Human Services
	158	+	investigation. This paragraph does not create any new obligation
	159	+	for school districts and charter schools to report misconduct
	160	+	between students at school, such as fighting or aggressive play,
	161	+	that is routinely addressed as a student disciplinary matter by the
	162	+	school.
	163	+	B. This section does not authorize or allow a parent to engage
	164	+	in conduct that is unlawful or to abuse or neglect a child in
	165	+	violation of the laws of this state. This section shal l not be
	166	+	construed to apply to a parental action or decision that wo uld end
	167	+
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	194	+	life. This section does not prohibit courts, law enforcement
	195	+	officers or employees of a government agency responsible for child
	196	+	welfare from acting in their official capacity with in the reasonable
	197	+	and prudent scope of their authority. This sectio n does not
	198	+	prohibit a court from issuing an order that is otherwise permitted
	199	+	by law.
	200	+	C. Any attempt to encourage or coerce a min or child to withhold
	201	+	information from the child 's parent shall be grounds for discipline
	202	+	of an employee of this state, any pol itical subdivision of this
	203	+	state or any other governmental entity, except for l aw enforcement
	204	+	personnel.
	205	+	D. Unless those rights h ave been legally waived or legally
	206	+	terminated, parents hav e inalienable rights that are m ore
	207	+	comprehensive than those listed i n this section. The Parents ' Bill
	208	+	of Rights does not prescribe all rights of p arents. Unless
	209	+	otherwise required by law, the righ ts of parents of minor children
	210	+	shall not be limited or de nied. The Parents' Bill of Rights shall
	211	+	not be construed to apply t o a parental action or decision that
	212	+	would end life.
	213	+	SECTION 2. AMENDATORY 25 O.S. 2021, Section 2004, is
	214	+	amended to read as follows:
	215	+	Section 2004. A. Except as otherwise provided by law, no
	216	+	person, corporation, association, org anization, state-supported
	217	+	institution, or individual employed by any of the se entities may
	218	+
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	245	+	procure, solicit to perform, arrange for the performance of, perform
	246	+	surgical procedures, or perform a physical examination upon a minor
	247	+	or prescribe any prescripti on drugs to a minor or administer any
	248	+	vaccination to a minor without first obtaining a written consent of
	249	+	a parent or legal guardian of the minor. Provided, however, that if
	250	+	written consent is provided to a school district for assessment or
	251	+	treatment, such consent shall be effective for the school year for
	252	+	which it is granted and shall be renewed each subsequent school
	253	+	year. If an assessment or treatment is performed through
	254	+	telemedicine at a school site and if consent has been provided by
	255	+	the parent and is currently effective, the health pr ofessional shall
	256	+	not be required to ver ify that the parent is at the site.
98	257		B. Except as otherwise provided by law, no hospital as defined
99	258		in Section 1-701 of Title 63 of the Oklahoma Statutes may permit
100	259		surgical procedures to be performed upon a minor in its facilities
101	260		without first having rec eived a written consent from a parent or
102	261		legal guardian of the minor.
103	262		C. The provisions of this section shall not apply when it has
104	263		been determined by a physician that an emergenc y exists and that it
105	264		is necessary to perform such surgical procedures for th e treatment
106	265		of an injury, illness or drug abuse, or to save the life of the
107	266		patient, or when such parent or other adult authorized by law to
108	267		consent on behalf of a minor cannot be located or contacted after a
109	268		reasonably diligent effort.
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136	296		D. The provisions of this section shall not apply to an
137	297		abortion, which shall be governed by the provisions of Sections 1 -
138	298		740 through 1-740.6 and Sections 1 -744 through 1-744.6 of Title 63
139	299		of the Oklahoma Statutes or any successor stat ute.
140	300		E. A person who violates a provis ion of this section is guilty
141	301		of a misdemeanor, punishable by a fine of not more than One Thousand
142	302		Dollars ($1,000.00) or imprisonment of not more than one (1) year in
143	303		the county jail, or by both such fine and impriso nment.
144		-	SECTION 2. AMENDATORY 63 O.S. 2021, Section 2602, is
	304	+	SECTION 3. AMENDATORY 63 O.S. 2021, Section 2602, is
145	305		amended to read as follows:
146	306		Section 2602. A. Notwithstanding any ot her provision of law,
147	307		the following minors may consent to have health services provided by
148	308		health professionals in th e following cases:
149	309		1. Any minor who is married, has a dependent child or is
150	310		emancipated;
151		-	2. Any minor who is separated from his ~~or her~~ parents or legal
152		-	guardian for whatever reason and is not supported by his or ~~her~~
153		-	~~parents or~~ guardian;
154		-	3. Any minor who is or has bee n pregnant, afflicted ~~diagnosed~~
155		-	~~with any~~ reportable communicable disease, drug and or ~~substance~~
156		-	~~abuse or abusive~~ use of ~~alc ohol~~; provided, however, that such.
157		-	~~a. Such self-consent only~~ applies to the prevention,
158		-	~~diagnosis and treatment of those~~ conditions specified
159		-	~~in this section paragraph.~~
	311	+	2. Any minor who is separated from his parents o r legal
	312	+	guardian for whatever reason and is not supported by his p arents or
	313	+	guardian;
	314	+	3. Any minor who is or has bee n pregnant, afflicted with a ny
	315	+	reportable communicable disease, drug and substance abuse or abusive
	316	+	use of alcohol; provided, however, that such self-consent only
	317	+	applies to the prevention, diagnosis and t reatment of those
	318	+	conditions specified in this sect ion; provided, further, howe ver,
	319	+	that such self-consent does not apply to the receipt of
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186		-	b. Any health professional who accepts the responsibility
187		-	of providing such health services also assumes the
188		-	obligation to provide counseling for the minor by a
189		-	health professional.
190		-	c. If the minor is found not to be pregnant nor suffering
191		-	from a communicable disease nor drug or substance
192		-	abuse nor abusive use of alcohol, the health
193		-	professional shall not reveal any information
194		-	whatsoever to the spouse, parent or legal guardian,
195		-	without the consent of the minor;
196		-	4. Any minor who is or has bee n pregnant.
197		-	a. Such self-consent only applies to the preven tion,
198		-	diagnosis, and treatment of the condition specified in
199		-	this paragraph which may include but not be limited to
200		-	the receipt of contraceptive drugs, devices, or
201		-	services or family planning counseling , except as
202		-	provided by subparagraph b of this paragrap h.
203		-	b. Such self-consent does not apply to:
204		-	(1) any family planning counseling that includes
205		-	discussion of abortion, which shall require the
206		-	consent of the parent or legal guardian as
207		-	provided by subsection C of this section, or
208		-	(2) any minor who has not yet been pregnant, for
209		-	which the consent of the parent or legal guardian
	347	+	contraception or family planning counseling . Any health
	348	+	professional who accepts the responsibility of providing su ch health
	349	+	services also assumes the obligation to p rovide counseling for the
	350	+	minor by a health professional. If the minor is found not to be
	351	+	pregnant nor suffering from a communicable disease nor drug or
	352	+	substance abuse nor abusive use of alcohol, the hea lth professional
	353	+	shall not reveal any information w hatsoever to the spouse, parent or
	354	+	legal guardian, without the consent of the minor;
	355	+	4. Any minor parent as to his child;
	356	+	5. Any spouse of a minor when the mino r is unable to give
	357	+	consent by reason of ph ysical or mental incapacity;
	358	+	6. Any minor who by reason of physical or mental capacity
	359	+	cannot give consent and has no known relatives or legal guardian, if
	360	+	two physicians agree on the health service to be given;
	361	+	7. Any minor in need of emergency services for conditions which
	362	+	will endanger his the health or life of the minor if delay would
	363	+	result by obtaining consent from his the spouse, parent or legal
	364	+	guardian of the minor; provided, however, that the prescribing of
	365	+	any medicine or device for t he prevention of pregnancy shall not be
	366	+	considered such an e mergency service; or
	367	+	8. Any minor who is the victim of sexual assault; provided,
	368	+	however, that such self -consent only applies to a forensic medical
	369	+	examination by a qualified licensed health care professional.
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236		-	to any ~~prevention, diagnosis , or treatment~~
237		-	services ~~described~~ in ~~this paragraph including~~
238		-	~~but not limited to contraceptive drugs~~, ~~devices,~~
239		-	or services or ~~family planning counseling shall~~
240		-	~~be obtained as provided by subsection C of this~~
241		-	~~section~~.
242		-	~~c. Any health professional who accepts the responsi bility~~
243		-	of ~~providing prevention,~~ ~~diagnosis, or treatment~~
244		-	~~services also assumes~~ the ~~obligation~~ to ~~provide~~
245		-	~~counseling for~~ the ~~minor b y a health professional~~,
246		-	~~subject to~~ the ~~limitations prov ided by subparagraph b~~
247		-	~~of this~~ paragraph ~~and paragraph 2~~ of subsection C of
248		-	~~this~~ section.
249		-	d. ~~Except for the services described in division 1 of~~
250		-	~~subparagraph b of this paragraph and~~ except in the
251		-	~~case of a minor described in division~~ 2 of
252		-	~~subparagraph b~~ of ~~this paragraph, if~~ the ~~minor is~~
253		-	~~found not to be pregnant,~~ the ~~health professional~~
254		-	~~shall not reveal any information whatsoever~~ to the
255		-	~~spouse, parent,~~ ~~or legal guardian, without the consent~~
256		-	of the ~~minor;~~
257		-	~~5. Any minor who is~~ or ~~has been diagnosed with any reportable~~
258		-	~~communicable disease~~.
	397	+	B. If any minor falsely represents that he the minor may give
	398	+	consent and a health professional provides health services in good
	399	+	faith based upon that misrepresentation, the minor shall receive
	400	+	full services without the consent of the minor 's parent or legal
	401	+	guardian and the health professional shal l incur no liability except
	402	+	for negligence or intentional harm. Consent of the minor shall not
	403	+	be subject to later disaffirmance or revocation because of his
	404	+	minority of the minor.
	405	+	B. C. 1. The health professional shall be required to make a
	406	+	reasonable attempt to inform the spouse, parent or legal guardian of
	407	+	the minor of any treatment needed or provided in the emergency
	408	+	circumstances described under paragraph 7 of subsection A of this
	409	+	section. The judgment of the health professional as to noti fication
	410	+	shall be final.
	411	+	2. Except in the case of a minor who meets the criteria
	412	+	provided by paragraph 1 or 2 of subsection A of this section, the
	413	+	health professional s hall obtain the consent of the parent or legal
	414	+	guardian of the minor before providing c ontraceptive services or
	415	+	family planning counseling to the minor or administering any
	416	+	vaccination to a minor.
	417	+	3. In all other instances the health professional may, but
	418	+	shall not be required, to inform the spouse, parent or legal
	419	+	guardian of the minor of any treatment needed or provided. The
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285		-	a. Such self-consent only applies to the prevention,
286		-	diagnosis, and treatment of the condition specified in
287		-	this paragraph.
288		-	b. Such self-consent does not apply to the receipt of any
289		-	vaccine, which shall require the consent of the parent
290		-	or legal guardian as provided by subsection C of this
291		-	section.
292		-	c. Any health professional who accepts the responsibility
293		-	of providing prevention, diagnosis , or treatment
294		-	services also assumes the obligation to provide
295		-	counseling for the minor b y a health professional.
296		-	d. Except for the service described in subparagraph b of
297		-	this paragraph, if the minor is found not to be
298		-	suffering from a communicable disease , the health
299		-	professional shall not reveal any information
300		-	whatsoever to the spouse, pare nt, or legal guardian,
301		-	without the consent of the minor ;
302		-	6. Any minor parent as to his or her child;
303		-	5. 7. Any spouse of a minor when the min or is unable to give
304		-	consent by reason of ph ysical or mental incapacity;
305		-	6. 8. Any minor who by reason of physical or mental capacity
306		-	cannot give consent and has no known relatives or leg al guardian, if
307		-	two physicians agree on the health service to be giv en;
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334		-	7. 9. Any minor in need of emergency services for conditions
335		-	which will endanger his the health or life of the minor if delay
336		-	would result by obtaining consent from his the spouse, parent or
337		-	legal guardian of the minor; provided, however, that the pre scribing
338		-	of any medicine or de vice for the prevention of pregnancy shall not
339		-	be considered such an e mergency service; or
340		-	8. 10. Any minor who is the victim of sexual assault; provided,
341		-	however, that such self-consent only applies to a forensic medical
342		-	examination by a qualified licensed h ealth care professional.
343		-	B. If any minor falsely represents that he or she may give
344		-	consent and a health professional provides health services in good
345		-	faith based upon that misrepresentation, the minor shall receive
346		-	full services without the consent of the minor’s parent or legal
347		-	guardian and the health professional shal l incur no liability except
348		-	for negligence or intentional harm. Consent of the minor s hall not
349		-	be subject to later disaffirmance or revocation because of his or
350		-	her minority.
351		-	B. C. 1. The health professional shall be required to make a
352		-	reasonable attempt to inform the spouse, parent or legal guardian of
353		-	the minor of any treatment needed o r provided in the emergency
354		-	circumstances described under paragraph 7 9 of subsection A of this
355		-	section.
356		-	2. Except in the case of a minor who meets the criteria
357		-	provided by paragraph 1 or 2 of subsection A of this section and
358		-
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384		-	except in the case of a minor who is or has been pre gnant as
385		-	provided by paragraph 4 of subsec tion A of this section, the health
386		-	professional shall obtain the consent of the parent or legal
387		-	guardian of the minor before providing contraceptive drugs, devices,
388		-	or services or family planning counseling to the minor. Except in
389		-	the case of a minor who meets the criteria provided by paragraph 1
390		-	or 2 of subsection A of this section, t he health professional shall
391		-	obtain the consent of the parent or legal guardian of the mino r
392		-	before providing counseling regarding abort ion to any minor
393		-	regardless of whether the minor is or has been pregnant.
394		-	3. Except in the case of a minor who meets the criteria
395		-	provided by paragraph 1 or 2 of subsection A of this section, the
396		-	health professional s hall obtain the consent of the parent or legal
397		-	guardian of the minor before administering any vaccination to a
398		-	minor.
399		-	4. In all other instances the health professional ma y, but
400		-	shall not be required, to inform the spouse, parent or legal
401		-	guardian of the minor of any treatment needed or provid ed. The
402	447		judgment of the health professional as to notification shall be
403	448		final, and his.
404		-	5. The disclosure of the health ~~professiona l~~ shall not
	449	+	4. The disclosure of the health professional shall not
405	450		constitute libel, slander, the breach of the right of privacy, the
406	451		breach of the rule of privileged communication or result in any
407	452		other breach that would incur liability.
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434	453		D. Information about the minor obtained through care by a
435		-	health professional under the provisions of this act Section 2601 et
436		-	seq. of this title shall not be disseminated to any health
437		-	professional, school, law enforcement agency or official, court
438		-	authority, government agency or official employer, without the
439		-	consent of the minor, except throug h specific legal requirements or
440		-	if the giving of the information is necessary to the health of the
441		-	minor and public. Statistical reporting may be done when the
442		-	minor’s identity is kept confidential.
	454	+	health professional under the provisions of this act shall not be
	455	+	disseminated to any health professional, school, law enforcement
	456	+	agency or official, court authority, government agency or official
	457	+	employer, without the consent of the minor, except through specific
	458	+	legal requirements or if the giving of the information is necessary
	459	+	to the health of the minor a nd public. Statistical reporting ma y be
	460	+	done when the minor's identity is kept confidential.
443	461		E. The health professional shall not incur criminal liability
444		-	for action under the provisions of this act Section 2601 et seq. of
445		-	this title except for negligence or intentional harm.
446		-	SECTION 3. This act shall become effective November 1, 2022.
447		-	Passed the Senate the 23rd day of March, 2022.
448		-
449		-
450		-
451		-	Presiding Officer of the Senate
452		-
453		-
454		-	Passed the House of Representatives the ____ day of __________,
455		-	2022.
456		-
457		-
458		-
459		-	Presiding Officer of the House
460		-	of Representatives
461		-
	462	+	for action under the provisions of this act except for neg ligence or
	463	+	intentional harm.
	464	+	SECTION 4. This act shall become effective November 1, 2022.
	465	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	466	+	March 1, 2022 - DO PASS