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SENATE FLOOR VERSION
February 3, 2021
SENATE BILL NO. 164 By: Stanley
An Act relating to medical care; amending 63 O.S.
2011, Section 3102A, which relates to experimental
treatments, tests or drugs; authorizing parent or
legal guardian to provide informed consent for
incapacitated minor; modifying certain condition;
providing for participation in a research program or
experimental procedures without informed consent
under certain conditions; specifying applicability of
certain provisions; providing certain construction;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 3102A, i s
amended to read as follows:
Section 3102A. A. When an adult person a patient, because of a
medical condition, is treated by a licensed medical doctor or doctor
of osteopathy holding a faculty appointment at a medical school
accredited by the Liaison Co mmittee on Medical Education or American
Osteopathic Association, or holding clinical privileges at a
healthcare institution that conducts human subject research approved
by local an accredited institutional review board , and such person
patient is incapable of giving informed consent for a local-
institutional-review-board-approved an accredited-institutional-
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review-board-approved experimental treatment, test or drug, then the
administration of such treatment, test or dru g may proceed upon
obtaining informed consent of a parent, legal guardian, attorney-in-
fact with health care decision authority, or a family member in the
following order of priority:
1. The If the patient is a minor, the parent or legal guardian ;
and
2. If the patient is an adult:
a. the spouse, unless the patient has no spo use, or is
separated, or the spouse is physically or mentally
incapable of giving consent, or the spouse ’s location
is unknown or the spouse is overseas, or the spouse is
otherwise not available;,
2. An
b. an adult son or daughter;,
3. Either
c. either parent;,
4. An
d. an adult brother or sister;, or
5. A
e. a relative by blood or marria ge.
B. Nothing If the patient is an adult, nothing in this section
shall authorize such legal guardian, attorney-in-fact or family
member to consent to treatment in co ntravention to such
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incapacitated person’s patient’s expressed permission or prohibition
regarding such treatment.
C. In a life-threatening emergency, consent of such an
incapacitated person to any research program o r experimental
procedure shall not b e required when the accredited institutional
review board responsible for the review, approval and continuing
review of the research activity has approved both the research
activity and a waiver of informed consent and has both found and
documented that the requirem ents for an exception from informed
consent requirements for emergency research, as provided under Part
50 of Title 21 or Part 46 of Title 45 of the Code of Federal
Regulations, as amended, have been satisfied . This subsection shall
apply to all pre-hospital or hospital research conducted by a
licensed medical doctor or doctor of osteopathy.
D. Nothing in this section shall permit a parent, legal
guardian, attorney-in-fact or family member to authorize the use of
an experimental treatment, test or drug on a pregnant patient.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 3, 2021 - DO PASS