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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 1491 By: Stanley
COMMITTEE SUBSTITUTE
An Act relating to sexually transmitted infections;
amending 63 O.S. 2021, Section 1 -522, which relates
to treatment without prescription ; providing certain
exception; updating statutory language; defining
terms; authorizing provision of expedited partner
therapy under certain conditions; requiring provision
of certain counseling; providing certain protecti ons
from civil liability and disciplinary action;
specifying information to be included in certain
materials; authorizing promulgation of ru les;
providing for codificat ion; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STA TE 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, an y medicines of any kind that
may be advertised or used for treatment of a sexually transmitted
infection (STI), before requiring such person to produce and file
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with such dealer a proper prescription for such medicine, issued and
signed by a physician, 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 re asonable 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 health care provider
as infected with a sexually transmitted infection without a physical
examination of such sex ual partner; and
2. “Health care 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 of health care providers, and delegation of health care
services, a health care provider who clinically diagnoses a patient
with a sexually transmitted infection may provide expedited partner
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therapy if, in the professional jud gment of the health care
provider, the patient’s sexual partner is unlikely or una ble to
present for examination, testing , and treatment.
2. A health care 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 health care provider shall use exp edited partner therapy
only for a patient’s sexual partner who may have been exposed to a
sexually transmitted infection and who is able to be contacte d and
identified by the patient.
C. 1. No health care 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 health care 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 compliance
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 distribution as
required by paragraph 2 of subsection B of this se ction:
1. A warning that a woman who is pregnant or might be pregnant
should not take certain antibiotics and shou ld immediately contact a
health care 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 health
care provider for examination;
3. Information about the treatment and prevention of sexually
transmitted infections;
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 treat ed;
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 health care provider; and
8. Such other information deemed necessary by the State
Commissioner of Health .
E. The State Commissioner of Health , the State Board of Medical
Licensure and Supervision, the S tate Board of Osteopathic Examiners,
the Oklahoma Board of Nursing, and the State Board of Pharmacy may
promulgate rules as necessary to implement this section.
SECTION 3. This act shall become effective November 1, 2024.
59-2-3459 DC 2/8/2024 12:04:03 PM