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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 170 By: Howard of the Senate
and
Kannady of the House
An Act relating to judicial authorization for
anatomical gift; amending 10A O.S. 2011, Section 1 -3-
102, which relates to medical care and treatment of
child in protective custody; authorizing court to
order procurement of anatomical gifts under certain
circumstances; amending 63 O.S. 2011, Sections
2200.8A, 2200.9A and 2200.10A, which relate to the
Oklahoma Uniform Anatomical Gift Act; providing
exceptions; conforming language; updating statutory
references; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2011, Section 1 -3-102, is
amended to read as follows:
Section 1-3-102. A. For purposes of this section:
1. “Routine and ordinary medical care and treatment ” includes
any necessary medical and dental examinations an d treatment, medical
screenings, clinical laboratory tests, blood testing, preventative
care, health assessments, physical examinations, immunizations,
contagious or infectious disease screenings or tests and care
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required for treatment of illness and inju ry, including x-rays,
stitches and casts, or the provision of psychotropic medications but
does not include any type of extraordinary care; and
2. “Extraordinary medical care and treatment ” includes, but is
not limited to, surgery, general anesthesia, blo od transfusions, or
invasive or experimental procedures.
B. If a child taken into protective custody without a court
order requires emergency medical care prior to the emergency custody
hearing, and either the treatment is related to the suspected abuse
or neglect or the parent or legal guardian is unavailable or
unwilling to consent to treatment recommended by a physician, a
peace officer, court employee or the court may authorize such
treatment as is necessary to safeguard the health or life of the
child. Before a peace officer, court employee or the court
authorizes treatment based on unavailability of the parent or legal
guardian, law enforcement shall exercise diligence in locating the
parent or guardian, if known.
C. 1. If a child has been placed i n the custody of the
Department of Human Services, the Department shall have the
authority to consent to routine and ordinary medical care and
treatment. The Department shall make reasonable attempts to notify
the child’s parent or legal guardian of the p rovision of routine and
ordinary medical care and treatment and to keep the parent or legal
guardian involved in such care.
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2. In no case shall the Department consent to a child ’s
abortion, sterilization, termination of life support or a “Do Not
Resuscitate” order. The court may authorize the withdrawal of life -
sustaining medical treatment or the denial of the administration of
cardiopulmonary resuscitation on behalf of a child in the
Department’s custody, and may additionally authorize anatomical
gifts to be procured from such child if the withdrawal of life -
sustaining medical treatment or denial of the administration of
cardiopulmonary resuscitation is authorized, upon the written
recommendation of a licensed physician of such withdrawal or denial
and of such procurement, as applicable , after notice to the parties
and a hearing.
3. Nothing herein shall prevent the Department from
authorizing, in writing, any person, foster parent or administrator
of a facility into whose care a child in its custody has b een
entrusted, to consent to routine and ordinary medical care and
treatment to be rendered to a child upon the advice of a licensed
physician, including the continuation of psychotropic medication.
D. Consent for a child ’s extraordinary medical care and
treatment shall be obtained from the parent or legal guardian unless
the treatment is either related to the abuse or neglect or the
parent or legal guardian is unavailable or refuses to consent to
such care, in which case in an emergency, based upon recomm endation
of a physician, the court may enter an ex parte order authorizing
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such treatment or procedure in order to safeguard the child ’s health
or life. If the recommended extraordinary medical care and
treatment is not an emergency, the court shall hold a hearing, upon
application by the district attorney and notice to all parties, and
may authorize such recommended extraordinary care.
E. If a child has been placed in the custody of a person, other
than a parent or legal guardian, or an institution or ag ency other
than the Department, the court shall determine the authority of the
person, institution, or agency to consent to medical care including
routine and ordinary medical care and treatment and extraordinary
care. The parent, legal guardian , or person having legal custody
shall be responsible for the costs of medical care as determined by
the court.
SECTION 2. AMENDATORY 63 O.S. 2011, Section 2200.8A, is
amended to read as follows:
Section 2200.8A. A. Except as otherwise pr ovided in paragraph
2 of subsection C of Section 1 -3-102 of Title 10A of the Oklahoma
Statutes and subsection G of this section , and subject to subsection
F of this section, in the absence of an express, contrary indication
by the donor, a person other tha n the donor is barred from making,
amending, or revoking an anatomical gift of a donor ’s body or part
if the donor made an anatomical gift of the donor ’s body or part
under Section 5 of this act Section 2200.5A of this title or an
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amendment to an anatomica l gift of the donor’s body or part under
Section 6 of this act Section 2200.6A of this title .
B. A donor’s revocation of an anatomical gift of the donor ’s
body or part under Section 6 of this act Section 2200.6A of this
title is not a refusal and does not bar another person specified in
Section 4 or 9 of this act Section 2200.4A or 2200.9A of this title
from making an anatomical gift of the donor ’s body or part under
Section 5 or 10 of this act Section 2200.5A or 2200.10A of this
title.
C. If a person other than the donor makes an unrevoked
anatomical gift of the donor ’s body or part under Section 5 of this
act Section 2200.5A of this title or an amendment to an anatomical
gift of the donor’s body or part under Section 6 of this act Section
2200.6A of this title, another person may not make, amend , or revoke
the gift of the donor ’s body or part under Section 10 of this act
Section 2200.10A of this title .
D. A revocation of an anatomical gift of a donor ’s body or part
under Section 6 of this act Section 2200.6A of this title by a
person other than the donor does not bar another person from making
an anatomical gift of the body or part under Section 5 or 10 of this
act Section 2200.5A or 2200.10A of this title .
E. In the absence of an express, contrary indic ation by the
donor or other person authorized to make an anatomical gift under
Section 4 of this act Section 2200.4A of this title , an anatomical
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gift of a part is neither a refusal to give another part nor a
limitation on the making of an anatomical gift of another part at a
later time by the donor or another person.
F. In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
Section 4 of this act Section 2200.4A of this title , an anatomical
gift of a part for one or more of the purposes set forth in Section
4 of this act Section 2200.4A of this title is not a limitation on
the making of an anatomical gift of the part for any of the other
purposes by the donor or any other person under Section 5 or 10 of
this act Section 2200.5A or 2200.10A of this title .
G. If a donor who is an unemancipated minor dies, a parent of
the donor who is reasonably available may revoke or amend an
anatomical gift of the donor ’s body or part.
H. If an unemancipat ed minor who signed a refusal dies, a
parent of the minor who is reasonably available may revoke the
minor’s refusal.
SECTION 3. AMENDATORY 63 O.S. 2011, Section 2200.9A, is
amended to read as follows:
Section 2200.9A. A. Subjec t to subsections B and C of this
section and unless barred by Section 7 or 8 of this act Section
2200.7A or 2200.8A of this title , an anatomical gift of a decedent ’s
body or part for purpose of transplantation, therapy, research , or
education may be made b y any member of the following classes of
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persons who is reasonably available, in the order of priority
listed:
1. An agent of the decedent at the time of death who could have
made an anatomical gift under paragraph 2 of Section 4 of this act
Section 2200.4A of this title immediately before the decedent ’s
death;
2. The spouse of the decedent;
3. Adult children of the decedent;
4. Parents of the decedent;
5. Adult siblings of the decedent;
6. Adult grandchildren of the decedent;
7. Grandparents of the decedent;
8. An adult who exhibited special care and concern for the
decedent;
9. The persons who were acting as the guardians of the person
of the decedent at the time of death; and
10. A court pursuant to an order entered pursuant to paragraph
2 of subsection C of Section 1 -3-102 of Title 10A of the Oklahoma
Statutes; and
11. Any other person having the authority to dispose of the
decedent’s body.
B. If there is more than one member of a class listed in
paragraph 1, 3, 4, 5, 6, 7 or 9 of subsection A of this section
entitled to make an anatomical gift, an anatomical gift may be made
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by a member of the class unless that member or a person to whom the
gift may pass under Section 11 of this act Section 2200.11A of this
title knows of an objection by anot her member of the class. If an
objection is known, the gift may be made only by a majority of the
members of the class who are reasonably available.
C. A person may not make an anatomical gift if, at the time of
the decedent’s death, a person in a prior class under subsection A
of this section is reasonably available to make or to object to the
making of an anatomical gift.
SECTION 4. AMENDATORY 63 O.S. 2011, Section 2200.10A, is
amended to read as follows:
Section 2200.10A. A. A person authorized to make an anatomical
gift under Section 9 of this act Section 2200.9A of this title may
make an anatomical gift by a document of gift signed by the person
making the gift or by that person ’s oral communication that is
electronically recorded or is contemporaneously reduced to a record
and signed by the individual receiving the oral communication.
B. Subject Except as provided by paragraph 2 of subsection C of
Section 1-3-102 of Title 10A of the Oklahoma Statutes and subject to
subsection C of this section, an anatomical gift by a person
authorized under Section 9 of this act Section 2200.9A of this title
may be amended or revoked orally or in a record by any member of a
prior class who is reasonably available. If more than one member of
the prior class is reasonably available, the gift made by a person
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authorized under Section 9 of this act Section 2200.9A of this title
may be:
1. Amended only if a majority of the reasonably available
members agree to amending the gift; or
2. Revoked only if a majority of the members agree to the
revoking of the gift or if they are equally divided as to whether to
revoke the gift.
C. A revocation under subsection B of this section is effective
only if, before an incision has been made to remove a par t from the
donor’s body or before invasive procedures have begun to prepare the
recipient, the procurement organization, transplant hospital , or
physician or technician knows of the revocation.
SECTION 5. This act shall become effective No vember 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
03/30/2021 - DO PASS.