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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 1094 By: Howard of the Senate
and
Stinson of the House
An Act relating to the Oklahoma Health Care A gent
Act; amending Sections 3 and 5, Chapter 136, O.S.L.
2022 (63 O.S. Supp. 2022, Sections 3111.3 and
3111.5), which relate to execution for power of
attorney for health care and form; modifying
signature requirement for power of attorney for
health care; updating statutory reference; modifying
certain form; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 3, Chapter 136, O.S.L.
2022 (63 O.S. Supp. 2022, Section 3111.3), is amended to read as
follows:
Section 3111.3. A. A person with capacity may give an oral or
written individual instruction. The instruction may be li mited to
take effect only if a specified condition arises.
B. A person with capacity may execute a power of attorney for
health care, which may authorize the agent to make a ny health care
decision the principal could have made while having capacity other
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than the withholding or withdrawal of life-sustaining treatment,
nutrition, or hydration, which may only b e authorized in compliance
with the Oklahoma Advance Directive Act; provided, however, the
power of attorney for health care may authorize the agent to sign a
do-not-resuscitate consent in accordance with the provisio ns of the
Oklahoma Do-Not-Resuscitate Act, Section 3131.1 et seq. of Title 63
of the Oklahoma Statutes . The power shall be in writing and signed
by the principal. The power remains in effect notwithstanding the
principal’s later incapacity and may includ e individual
instructions. Unless rela ted to the principal by blood, marriage,
or adoption, an agent may n ot be an owner, operator, or employee of
a residential long-term health care institution at which the
principal is receiving care.
C. Unless otherwise specified in a power of attorney for health
care, the authority of an agent becomes effective only upon a
determination that the principal lacks capacity and ceases to be
effective upon a determination that the principal ha s recovered
capacity.
D. Unless otherwise specified in a power of attorney for health
care, a determination that an individual lacks or has recovered
capacity, or that another condition exists that affects an
individual instruction or the authority of an agent, shall be made
by the attending physician.
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E. An agent shall make health care decisions in accordance with
the principal’s individual instructions, if any, and other wishes to
the extent known to the agent. Otherwise, the agent shall make the
decision in accordance with the age nt’s determination of the
principal’s best interest. In determining the principal’s best
interest, the agent shall consider the principal’s personal values
to the extent known to the agent.
F. A health care decision made by an agent for a principal is
effective without judicial approval.
G. A power of attorney for health care shall be signed by the
principal and in the presence of a notary public or witnessed by two
(2) individuals who are at least eighteen (18) years of age and who
are not legatees, devise es, or heirs at law of the principal.
H. A power of attorney for health care is valid for purposes of
this act if it is in substantial compliance with this act,
regardless of when o r where executed or communicated.
SECTION 2. AMENDATORY Section 5, Chapter 136, O.S.L.
2022 (63 O.S. Supp. 2022, Section 3111.5), is amended to read as
follows:
Section 3111.5. The following form may, but need not, be used
to create a power of attorney for he alth care. The other sections
of this act govern the effect of this form or any other writing used
to create a power of attorney for health care. An individual may
complete or modify all or any part of the following form to the
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extent consistent with subsection B of Section 3 3111.3 of this act
title:
HEALTH CARE POWER OF ATTORNEY
You have the right to give instructions about your own health
care. You also have the right to name someone else to make health
care decisions for you. Thi s form lets you do either or both of
these things. If you use this form, you may complete or modify all
or any part of it. You are free to use a different form.
This form is a power of attorney for health care that lets you
name another individual as agent to make health care decisions for
you if you become incapable of making your own decisions or if y ou
want someone else to make those decisions for you now even though
you are still capable. You may also name an alternate agent to act
for you if your first choice is not willing, able, or reasonably
available to make dec isions for you. Unless related t o you, your
agent may not be an owner, operator, or employee of a residential
long-term health care institution at which you are receiving care.
Unless the form you sign limits the authority of your agent,
your agent may make all health care decisions for you. This form
has a place for you to limit the authority of your agent. You need
not limit the authority of your agent if you wish to rely on your
agent for all health care decisions that may have to be made. If
you choose not to limit the authority of your agent, your agent will
have the right to:
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1. Consent or refuse consent to any care, treatment, service,
or procedure to maintain, diagnose, or o therwise affect a physical
or mental condition;
2. Select or discharge health care providers and facilities;
and
3. Sign a do-not-resuscitate consent.
This form does not authorize the agent to make any decisions
directing the withholding or withdrawal of life-sustaining
treatment, nutrition, or hydration, which may only be authorized in
compliance with the Oklahoma Advance Directive Act, except that this
form may authorize the agent to sign a do-not-resuscitate consent.
After completing this form, sign and date the form at the end.
It is required that two other individuals sign as witnesses. These
witnesses must be at least 18 years old and not related to you or
named to inherit from you. Give a copy of the signed and completed
form to your physician, to any o ther health care providers you may
have, to any health care facility at which you are rece iving care,
and to any health care agents you have named. You should talk to
the person you have named as agent to make sure that he or she
understands your wishe s and is willing to take the responsibility.
You have the right to r evoke this power of attorney for health
care or replace this form at any time.
POWER OF ATTORNEY FOR HEALTH CARE
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1. DESIGNATION OF AGENT: I designate the following individual
as my agent to make health care decisions for me:
_____________________________________________________ ______________
(name of individual you choose as agent)
___________________________________________________________________
(address) (city) (state) (zip code)
______________________________________________________________ _____
(home phone) (work phone)
OPTIONAL: If I revoke my agent’s authority or if my agent is
not willing, able, or reasonably availa ble to make a health care
decision for me, I designate as my first alternate agent:
___________________________________________________________________
(name of individual you choose as first alternate agent)
_____________________________________________ ______________________
(address) (city) (state) (zip code )
___________________________________________________________________
(home phone) (work phone)
OPTIONAL: If I revoke the authority of my agent and first
alternate agent or if neither is willing, able, or reasonably
available to make a health care decision for me, I designate as my
second alternate agent:
___________________________________________________________________
(name of individual you choose as second alternate agent)
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___________________________________________________________________
(address) (city) (state) (zip code)
___________________________________________________________________
(home phone) (work phone)
2. AGENT’S AUTHORITY: My agent is authorized to make all
health care decisions (not to include the withholding or withdrawal
of life-sustaining treatment, nutrition, or hydration, other than
signing a do-not-resuscitate consent) for me that I could make if I
were able, except as I state here:
______________________________ _____________________________________
___________________________________________________________________
______________________________ _________________________ ____________
(Add additional sheets if needed.)
3. WHEN AGENT’S AUTHORITY BECOMES EFFECTIVE: My agent’s
authority becomes effective when my attending physician determines
that I am unable to make my own health care decisions unless I mark
the following box. If I mark this box [ ] , my agent’s authority
to make health care decisions for me takes effect immediately.
_____________
(Initials)
4. AGENT’S OBLIGATION: My agent shall make health care
decisions for me in accordance with this power of att orney for
health care and my other wishes to the extent known to my a gent. To
the extent my wishes a re unknown, my agent shall make health care
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decisions for me in accordance with what my agent determines to be
in my best interest. In determining my best inter est, my agent
shall consider the decisions I would have made my self to the extent
known to my agent.
_____________
(Initials)
5. RELIEF FROM PAIN: Except as I state in the following space,
I direct that treatment for alleviation of pain or discomfort be
provided at all times, even i f it hastens my death:
________________________________________________________________
________________________________________________________________
6. OTHER WISHES: (If you do not agree with any of the optional
choices above and wish to write your o wn, or if you wish to add to
the instructions you have given above, you may do so here.) I
direct that:
___________________________________________________________________
______________________________________________________ _____________
(Add additional sheets if needed.)
7. EFFECT OF COPY: A copy of this form has the same effect as
the original.
8. SIGNATURES: Sign and date the form here:
_______________________________ ______________________________
(date) (sign your name)
_______________________________ ___________ ___________________
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(address) (print your name)
_______________________________
(city) (state)
State of Oklahoma
County of ________
Subscribed and sworn to before me this ___ day of ______, 20__.
__________________________________
Notary Public
OR
SIGNATURES OF WITNESSES:
First witness Second witness
______________________________ _______________________________
(print name) (print name)
______________________________ _______________________________
(address) (address)
______________________________ ___ ___________________________
(city) (state) (city) (state)
______________________________ ______________________________
(signature of witness) (signature of witness)
______________________ ________ _______________________ _______
(date) (date)
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect an d
be in full force from and after it s passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
04/10/2023 - DO PASS.