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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 586 By: Garvin
AS INTRODUCED
An Act relating to informed consent; defining terms;
requiring informed consent for medical procedures and
treatments; establishing certa in requirements and
exceptions; establishing certain standard; providing
for codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 3170 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. For purposes of this sec tion:
1. The process of “informed consent” occurs when communication
between a patient an d physician results in the patient ’s
authorization or agreement to undergo a specific medical
intervention; and
2. “Physician” means a person licensed to practice me dicine in
this state.
B. Except as provided in subsection C of this section, a
physician shall obtain informed consent from a patient before
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performing any medical procedure or treatment. In seeking a
patient’s informed consent, or the consent of the pat ient’s
surrogate if the patient lacks decision-making capacity or declines
to participate in making decisions, the physician shall:
1. Assess the patient’s ability to understand relevant medical
information and the implications of treatment alternatives a nd to
make an independent, voluntary decision;
2. Present relevant information accurately and sensitively in
keeping with the patient ’s preferences for receiving medical
information. Such information shall include, but not be limited to :
a. the diagnosis, when known,
b. the nature and purpose of recommended interventions ,
and
c. the burdens, risks and expected benefits of all
options including forgoing treatment ; and
3. Document the informed consent conversation and the patient ’s
or surrogate’s decision in the medical record in some manne r. When
the patient or surrogate has provided specific written consent, the
consent form shall be included in the record.
C. A physician in a medical facility may initiate treatment
without prior informed consent if a ll of the following conditions
are met:
1. There is an emergency;
2. A decision must be made urgently;
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3. The patient is not able to participate in decision making ;
and
4. The patient’s surrogate is not available .
In such situations, the physician shall inform the patient or
surrogate at the earliest opportunity and obtain consent for ongoing
treatment in keeping with subsection B of this section.
D. The standard to be applied in informed consent cases shall
be an objective standard, defined as whether a reasonable person in
the patient’s position would have consented to the specific medical
intervention in question if adequately informed of all significant
perils.
SECTION 2. This act shall become effective November 1, 20 21.
58-1-985 DC 1/20/2021 8:03:04 PM