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ENGROSSED SENATE
BILL NO. 1225 By: Bullard and Jett of the
Senate
and
Crosswhite Hader of the
House
[ health care - parental consent to medical treatment
of minors - minor self-consent to health services -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 emplo yed by any of these entities may
procure:
1. Procure, solicit to perform, arrange for the performance of,
perform surgical procedures, or perform a physical examination upon
a minor or prescribe;
2. Prescribe, dispense, or administer any prescription drugs or
devices including but not limited to c ontraceptive drugs or devices
to a minor except as provided by S ection 2602 of Title 63 of the
Oklahoma Statutes;
3. Administer any vaccination to a minor; or
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4. Provide family planning counseling to a minor except as
provided by Section 2602 of Title 63 of the Oklahoma Statutes,
without first obtaining a written consent of a parent or legal
guardian of the minor. Provided, however, that if written conse nt
is provided to a school district for ass essment or treatment, such
consent shall be effective for t he 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 pr ovided by the parent and is
currently effective, the health professional shall not be required
to verify 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 m ay 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 n ot apply when it has
been determined by a p hysician that an emergency exists and that it
is necessary to perform such surgical procedures for th e treatment
of an injury, illness or drug abuse, or to save the life of the
patient, or when such parent or othe r adult authorized by law to
consent on behalf of a minor cannot be located or contacted after a
reasonably diligent effort.
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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 s tatute.
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 impr isonment.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2602, is
amended to read as follows:
Section 2602. A. Notwithstanding any other provision of law,
the following minors may consent to have health 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 or her parents or legal
guardian for whatever reason and is not supported by his or her
parents or guardian;
3. Any minor who is or has bee n pregnant, afflicted diagnosed
with any reportable communicable disease, drug and or substance
abuse or abusive use of alc ohol; provided, however, that such.
a. Such self-consent only applies to the prevention,
diagnosis and treatment of those conditions specified
in this section paragraph.
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b. 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.
c. 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;
4. Any minor who is or has bee n pregnant.
a. Such self-consent only applies to the preven tion,
diagnosis, and treatment of the condition specified in
this paragraph which may include but not be limited to
the receipt of contraceptive drugs, devices, or
services or family planning counseling , except as
provided by subparagraph b of this paragrap h.
b. Such self-consent does not apply to:
(1) any family planning counseling that includes
discussion of abortion, which shall require the
consent of the parent or legal guardian as
provided by subsection C of this section, or
(2) any minor who has not yet been pregnant, for
which the consent of the parent or legal guardian
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to any prevention, diagnosis , or treatment
services described in this paragraph including
but not limited to contraceptive drugs, devices,
or services or family planning counseling shall
be obtained as provided by subsection C of this
section.
c. Any health professional who accepts the responsi bility
of providing prevention, diagnosis, or treatment
services also assumes the obligation to provide
counseling for the minor b y a health professional,
subject to the limitations prov ided by subparagraph b
of this paragraph and paragraph 2 of subsection C of
this section.
d. Except for the services described in division 1 of
subparagraph b of this paragraph and except in the
case of a minor described in division 2 of
subparagraph b of this paragraph, if the minor is
found not to be pregnant, the health professional
shall not reveal any information whatsoever to the
spouse, parent, or legal guardian, without the consent
of the minor;
5. Any minor who is or has been diagnosed with any reportable
communicable disease.
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a. Such self-consent only applies to the prevention,
diagnosis, and treatment of the condition specified in
this paragraph.
b. Such self-consent does not apply to the receipt of any
vaccine, which shall require the consent of the parent
or legal guardian as provided by subsection C of this
section.
c. Any health professional who accepts the responsibility
of providing prevention, diagnosis , or treatment
services also assumes the obligation to provide
counseling for the minor b y a health professional.
d. Except for the service described in subparagraph b of
this paragraph, if the minor is found not to be
suffering from a communicable disease , the health
professional shall not reveal any information
whatsoever to the spouse, pare nt, or legal guardian,
without the consent of the minor ;
6. Any minor parent as to his or her child;
5. 7. Any spouse of a minor when the min or is unable to give
consent by reason of ph ysical or mental incapacity;
6. 8. Any minor who by reason of physical or mental capacity
cannot give consent and has no known relatives or leg al guardian, if
two physicians agree on the health service to be giv en;
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7. 9. 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 pre scribing
of any medicine or de vice for the prevention of pregnancy shall not
be considered such an e mergency service; or
8. 10. 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 h ealth care professional.
B. If any minor falsely represents that he or she 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 s hall not
be subject to later disaffirmance or revocation because of his or
her minority.
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 o r provided in the emergency
circumstances described under paragraph 7 9 of subsection A of this
section.
2. Except in the case of a minor who meets the criteria
provided by paragraph 1 or 2 of subsection A of this section and
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except in the case of a minor who is or has been pre gnant as
provided by paragraph 4 of subsec tion A of this section, the health
professional shall obtain the consent of the parent or legal
guardian of the minor before providing contraceptive drugs, devices,
or services or family planning counseling to the minor. Except in
the case of a minor who meets the criteria provided by paragraph 1
or 2 of subsection A of this section, t he health professional shall
obtain the consent of the parent or legal guardian of the mino r
before providing counseling regarding abort ion to any minor
regardless of whether the minor is or has been pregnant.
3. 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 administering any vaccination to a
minor.
4. In all other instances the health professional ma y, but
shall not be required, to inform the spouse, parent or legal
guardian of the minor of any treatment needed or provid ed. The
judgment of the health professional as to notification shall be
final, and his.
5. The disclosure of the health professiona l shall not
constitute libel, slander, the breach of the right of privacy, the
breach of the rule of privileged communicati on or result in any
other breach that would incur liability.
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D. 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, government agency or official employer, without the
consent of the minor, except throug h 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.
E. The health professional shall not incur criminal li ability
for action under the provisions of this act Section 2601 et seq. of
this title except for negligence or intentional harm.
SECTION 3. This act shall become effective November 1, 2022.
Passed the Senate the 23rd day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives