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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2152 By: Roe and Waldron of the
House
and
Dossett of the Senate
An Act relating to maternal mortality; amending 63
O.S. 2021, Section 1 -242.4, which relates to
composition and structure of the Maternal Mortality
Review Committee; reducing membership; requiring
hospital or licensed birthing center to report
certain maternal deaths to the Office of the Chief
Medical Examiner; amending 63 O.S. 2021, Section 938,
which relates to types of deaths to be investigated;
broadening types of deaths required to be
investigated; amending 63 O.S. 2021, Section 939,
which relates to production of records, documents,
evidence, or other material; authorizing Office of
the Chief Medical Examiner to share certa in material
with the Maternal Mortality Review Committee for
specified purpose; providing for codification; and
providing an effective date.
AUTHOR: Add the following House Coauthors: Pittman and Hefner
AMENDMENT NO. 1. Page 1, strike the title, enac ting clause and
entire bill and insert
“An Act relating to maternal mortality; amending 63
O.S. 2021, Section 1 -242.4, which relates to
composition and structure of the Maternal Mortality
Review Committee; reducing and modifying membership;
requiring hospital or birthing center to report
certain maternal deaths to the Office of the Chief
Medical Examiner; amending 63 O.S. 2021, Section 938,
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which relates to medicolegal investigations;
broadening types of deaths required to be
investigated; amending 63 O.S . 2021, Section 939,
which relates to production of records, documents,
evidence, or other material; authorizing Office of
the Chief Medical Examiner to share certain material
with the Maternal Mortality Review Committee for
specified purpose; updating sta tutory language;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -242.4, is
amended to read as follows:
Section 1-242.4. The Maternal Mortality Review Committee shall
be composed of twenty-five (25) eleven (11) members, or their
designees, as follows:
1. Eighteen Eight of the members shall be:
a. the Chief Medical Examiner,
b. the Chair of the Oklahoma Chapter of th e American
College of Obstetricians and Gynecologists,
c. the Chief Medical Officer of the State Department of
Health,
d. the Chief Medical Officer of the Oklahoma Health Care
Authority,
e. b. the President of the Oklahoma Chapter of the American
College of Nurse-Midwives,
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f. c. the Medical Director for the Oklahoma Perinatal
Quality Improvement Collaborative,
g. d. the Director of the Maternal and Child Health
Services Service of the State Department of Health,
h. the Commissioner of Mental Health and Subs tance Abuse
Services,
i. e. the Chair of the Oklahoma Chapter of the Association
of Women’s Health, Obstetric and Neonatal Nurses,
j. the Director of the Oklahoma State Bureau of
Investigation,
k. the Director of Injury Prevention Services of the
State Department of Health,
l. the Director of the Family Support and Prevention
Service of the State Department of Health,
m. f. the Executive Director of the Southern Plains Tribal
Health Board,
n. the President of the Oklahoma Chapter of the National
Association of Social Workers,
o. g. the Director of the Office of Oklahoma Perinatal
Quality Improvement Collaborative,
p. the Director of the Oklahoma City/County Health
Department,
q. the Director of the Tulsa Health Department , and
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r. h. the administrative progra m manager of the Maternal
and Child Health Service Perinatal and Reproductive
Health Division Medical Director; and
2. Seven Three of the members shall be appointed by the State
Commissioner of Health to serve for two -year terms and shall be
eligible for reappointment. The members shall be persons having
training and experience in matters related to maternal mortality and
severe maternal morbidity. The members shall be appointed from the
following positions:
a. a physician who is a member of the Oklahoma State
Medical Association or the Oklahoma Osteopathic
Association,
b. a physician who is a member of the Oklahoma
Osteopathic Association,
c. a current law enforcement officer who is employed by a
local or county law enforcement agency,
d. a maternal-fetal medicine physician, and
e. c. an individual who has been affected by pregnancy -
related or pregnancy -associated deaths, severe
maternal morbidity, and/or lack of access to maternal
health care services ,
f. an emergency medical technician, and
g. a home-visiting program director .
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Every two (2) years the Committee shall elect from among its
membership a chair and a vice-chair vice chair. The Committee shall
meet at least quarterly and may meet more frequently as necessary as
determined by the chair.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -702f of Title 63, unless there
is created a duplication in numbering, reads as follows:
A hospital or birthing center shall make a reasonable and good-
faith effort to report to the Office of the Chief Medical Examiner,
within seventy-two (72) hours after the death occurs, any maternal
death that occurs in the hospital or birthing center during
pregnancy or within one (1) year of termination of pregn ancy.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 938, is
amended to read as follows:
Section 938. A. All human deaths of the types listed herein
shall be investigated as provided by law:
1. Violent deaths, whether apparently h omicidal, suicidal, or
accidental;
2. Deaths under suspicious, unusual or unnatural circumstances;
3. Deaths related to disease which might constitute a threat to
public health;
4. Deaths unattended by a licensed physician for a fatal or
potentially-fatal potentially fatal illness;
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5. Deaths that are medically unexpected and that occur in the
course of a therapeutic procedure;
6. Deaths of any persons detained or occurring in custody of
penal incarceration the Department of Corrections or a county jail ;
and
7. Deaths of persons whose bodies are to be cremated,
transported out of the state, donated to educational entities, to
include limited portions of the body, or otherwise made ultimately
unavailable for pathological study ; and
8. Maternal deaths th at occur during pregnancy or within one
(1) year of termination of pregnancy reported by a hospital or
birthing center under Section 2 of this act .
B. The Chief Medical Examiner shall state on the certificate of
death of all persons whose death was caused by execution pursuant to
a lawful court order that the cause of death was the execution of
such order.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 939, is
amended to read as follows:
Section 939. A. Except as otherwise provided by law, the Chief
Medical Examiner shall produce records, documents, evidence or other
material of any nature only upon the order of a court of competent
jurisdiction. An interested party or litigant in a civil or
criminal action may make application for an order to produce such
materials. The court, after notice to all parties, including the
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Chief Medical Examiner, and a hearing on the application, may, upon
the showing of good cause, direct the release of a copy or any part
of such material. In additi on, the court may also direct the
payment of reasonable costs by the requesting party for the
production of the material. The production of such material shall
take place at the Office of the Chief Medical Examiner unless, upon
a showing of good cause, sp ecifically ordered otherwise by the
court.
B. The Chief Medical Examiner may, to the extent allowed under
state law, share records, documents, evidence, or other material of
any nature with the Maternal Mortality Review Committee for the
purpose of aiding the Committee in carrying out its duties under the
Maternal Mortality Review Act.
SECTION 5. This act shall become effective November 1, 2024. ”
Passed the Senate the 22nd day of April, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives
ENGR. H. B. NO. 2152 Page 1 1
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ENGROSSED HOUSE
BILL NO. 2152 By: Roe and Waldron of the
House
and
Dossett of the Senate
An Act relating to maternal mortality; amending 63
O.S. 2021, Section 1 -242.4, which relates to
composition and structure of the Maternal Mortal ity
Review Committee; reducing membership; requiring
hospital or licensed birthing center to report
certain maternal deaths to the Office of the Ch ief
Medical Examiner; amending 63 O.S. 2021, Section 938,
which relates to types of deaths to be investigated ;
broadening types of deaths required to be
investigated; amending 63 O.S. 2021, Section 939,
which relates to production of re cords, documents,
evidence, or other material; authorizing Office of
the Chief Medical Examiner to share certain material
with the Maternal Mortality Review Committee for
specified purpose; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 6. AMENDATORY 63 O.S. 2021, Secti on 1-242.4, is
amended to read as follows:
Section 1-242.4 The Maternal Mortality Review Committee shall
be composed of twenty-five (25) twenty-four (24) members, or their
designees, as follows:
1. Eighteen of the members shall be:
a. the Chief Medical Examiner,
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b. the Chair of the Oklahoma Chapter of the American
College of Obstetricians and Gynecologists,
c. the Chief Medical Of ficer of the State Departme nt of
Health,
d. the Chief Medical Officer of the Oklahoma Health Care
Authority,
e. the President of the Oklahoma Chapter of the American
College of Nurse-Midwives,
f. the Medical Director for the Oklahoma Perinatal
Quality Improvement Collaborative,
g. the Director of the Maternal and Child Health Services
Service of the State Department of Health,
h. the Commissioner of Mental Health and Substance Abuse
Services,
i. the Chair of the Oklahoma Chapter of the Association
of Women's Health, Obstetric and Neo natal Nurses,
j. the Director of the Oklahoma State Bureau of
Investigation,
k. the Director of the Injury Prevention Services Service
of the State Department of Health,
l. the Director of the Family Support and Prevention
Service of the State Department o f Health,
m. the Executive Director of the So uthern Plains Tribal
Health Board,
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n. the President of the Oklahoma Chapter of the National
Association of Social Workers,
o. the Director of the Office of Perinatal Quality
Improvement,
p. the Director of the O klahoma City/County City-County
Health Department,
q. the Director of the Tulsa Health Department, a nd
r. the Maternal and Child Health Service Perinatal and
Reproductive Health Division Medical Director; and
2. Seven Six of the members shall be appointed by the State
Commissioner of Health to serve for two-year terms and shall be
eligible for reappointmen t. The members shall be persons having
training and experience in matters related to maternal mortality and
severe maternal morbidity. The members shal l be appointed from the
following positions:
a. a physician who is a member of the Oklahoma State
Medical Association,
b. a physician who is a member of the Okla homa
Osteopathic Association,
c. a current law enforcement officer w ho is employed by a
local or county law enforcement agency,
d. a maternal-fetal medicine physician,
e. an individual who has been affected by pregnancy-
related or pregnancy-associated deaths, severe
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maternal morbidity, and/or lack of access to maternal
health care services, and
f. an emergency medical technician, and
g. a home-visiting program director services provider.
Every two (2) years the Committee shall elect fro m among its
membership a chair and a vice-chair. The Committee shall meet at
least quarterly and may meet more freq uently as necessary as
determined by the chai r.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-702f of Title 63, unless there
is created a duplication in numbe ring, reads as follows:
A hospital or licensed bir thing center shall mak e a reasonable
and good-faith effort to report to the Office of the Chief Medical
Examiner, within seventy-two (72) hours after the death occurs, any
maternal death that occurs in the hospital or licensed birthi ng
center during pregna ncy or within one (1) year of termination of
pregnancy.
SECTION 8. AMENDATORY 63 O.S. 2021, Section 938, is
amended to read as follows:
Section 938. A. All human deaths of the ty pes listed herein
shall be investigated as provide d by law:
1. Violent deaths, whether apparently homicidal, suic idal, or
accidental;
2. Deaths under suspicious, unu sual or unnatural circumstances;
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3. Deaths related to disease which might constitute a t hreat to
public health;
4. Deaths unattended by a licensed physician fo r a fatal or
potentially-fatal potentially fatal illness;
5. Deaths that are medically unexpec ted and that occur in the
course of a therapeutic procedure;
6. Deaths of any persons de tained or occurring in cust ody of
penal incarceration; and
7. Deaths of persons whose bodies are to be cremated,
transported out of the state, donated to educational entities, to
include limited portions of the body, or otherwise made ultimately
unavailable for pathological study ; and
8. Maternal deaths that occur d uring pregnancy or within one
(1) year of terminati on of pregnancy reported by a hospital or
licensed birthing center under Section 2 of this act.
B. The Chief Medical Examiner shall state on the certificate of
death of all persons whose death was caused by execution pursuant to
a lawful court order that the cause of death was the execution of
such order.
SECTION 9. AMENDATORY 63 O.S. 2021, Section 939, is
amended to read as follows:
Section 939. A. Except as otherwise provided by law, the Chief
Medical Examiner shall produce re cords, documents, evidence or other
material of any nature only upon the order of a court of competent
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jurisdiction. An interested party or l itigant in a civil or
criminal action may make application for an order to produce such
materials. The court, aft er notice to all parties, including the
Chief Medical Examiner, and a hearing on the application, may, upon
the showing of good cause, direct the release of a copy or an y part
of such material. In additio n, the court may also direct the
payment of reasonable costs by the requesting party for the
production of the material. The production of such material shall
take place at the Office of the C hief Medical Examiner unles s, upon
a showing of good cause, spe cifically ordered otherwise by the
court.
B. Notwithstanding subsection A of this section, the Chief
Medical Examiner may, to the extent allowed under state law, share
records, documents, evid ence, or other material of any nature with
the Maternal Mortalit y Review Committee for the purpose of aiding
the Committee in carrying out its duties under the Materna l
Mortality Review Act.
SECTION 10. This act shall become effective November 1, 2023.
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Passed the House of Representatives the 6th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate