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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1491 By: Stanley
AS INTRODUCED
An Act relating to sexually transmitted infections;
amending 63 O.S. 2021, Section 1 -522, which relates
to treatment without prescripti on; providing certain
exception; defining terms; authorizing provision of
expedited partner therapy under certain conditions;
requiring provision of certain counseling; providing
certain protections from ci vil liability and
disciplinary action; specifying information to be
included in certain materials; authorizing
promulgation of rules; providing for codificat ion;
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 -522, is
amended to read as follows:
Section 1-522. It Except as provided in S ection 2 of this act,
it shall be unlawful for any dealer to treat or offer to treat any
infected person, or to sell, furnish or give to any infected person,
or to any other person whomsoever, any medicines of any kind that
may be advertised or used for treatment of (STI), before requiring
such person to produce and file with such dealer a proper
prescription for such medicine, issued and signed by a ph ysician,
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which prescription shall be by the dealer kept on file for a period
of one (1) year from the date of the person receiving the same, and
subject, at all reasonable hours, to the inspection of the St ate
Commissioner of Health or local health officer .
SECTION 2. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 1-522.1 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Expedited partner therapy” means to prescribe, administer,
dispense, or otherwise provide antimicrobial drugs to a sexual
partner of a patient clinically diagnosed by a healthcare provider
as infected with a sexually transmitted infection without a physical
examination of such sexual partner; and
2. “Healthcare provider” means an allopathic physician,
osteopathic physician, physician assistant , or Advanced Practice
Registered Nurse licensed in this state and authorized to prescribe
drugs.
B. 1. Subject to limitations provided by law or rule including
but not limited to laws or rules governing scope of practice ,
supervision, or delegation of a healthcare provider , a healthcare
provider who clinically diagnoses a patient with a sexually
transmitted infection may provide expedited partner therapy if, in
the professional jud gment of the healthcare pr ovider, the patient’s
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sexual partner is unlikely or unable to present for examination,
testing, and treatment.
2. A healthcare provider who provides expedited partner therapy
shall provide counseling to the patient, including distributing
written materials developed and provided by the State Department of
Health to be given by the patient to the patient ’s sexual partner.
3. A healthcare provider shall use expedited partner ther apy
only for a patient’s sexual partner who may have been exposed to a
sexually transmitted infection within sixty (60) days immediately
prior to the patient ’s clinical diagnosis and who is able to be
contacted and identified by the patient.
C. 1. No healthcare provider or pharmacist shall be liable for
civil damages resulting from any act or omission in good faith
compliance with the provisions of this section, including civil
damages for refusing to provide expedited partner therapy, other
than an act or omission constituting gross negligence or willful or
wanton misconduct.
2. No healthcare provider or pharmacist shall be subject to
disciplinary action by the provider’s or pharmacist’s licensing
board on the basis of an act or omission in good faith co mpliance
with the provisions of this section, other than an act or omission
constituting gross negligence or willful or wanton misconduct.
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D. The Department shall include the following information in
written materials developed and provided for distributi on as
required by paragraph 2 of subsection B of this section :
1. A warning that a woman who is pregnant or might be pregnant
should not take certain antibiotics and should immediately contact a
healthcare provider for an examination;
2. Information about the antimicrobial drug and dosage provided
or prescribed, including a warning that a sexual partner who has a
history of allergy to the drug or the pharmaceutical class of drug
should not take the drug and should immediately contact a healthcare
provider for examination;
3. Information about the treatment and prevention of the
sexually transmitted infection;
4. The requirement of sexual abstinence until a period of time
after treatment to prevent infecting other sexual partners;
5. Notification of the importance of the sexual partners
receiving examination and testing for human immunodeficiency virus
and other sexually transmitted infections and information about
available resources;
6. Notification of the risk to the patient, the patient ’s
sexual partner, and the general public if the sexually transmitted
infection is not completely and successfully treated;
7. The responsibility of the sexual partner to inform the
sexual partner’s own sexual partners of the risk of sexually
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transmitted infections and the importance of prompt examination and
treatment by a healthcare provider; and
8. Such other information deemed necessary by the State
Commissioner of Health .
E. The State Commissioner of Health and any affected licensing
boards may promulgate rules as necessary to implement this section.
SECTION 3. This act shall become effective November 1, 2024.
59-2-2398 DC 12/15/2023 8:28:32 PM