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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1491 By: Stanley of the Senate
and
Roe of the House
COMMITTEE SUBSTITUTE
An Act relating to sexually transmitted infections;
updating statutory language; defining terms;
authorizing provision of expedited partner therapy
under certain conditions; requiring provision of
certain counseling; providing certain protections
from civil liability and disciplinary action;
specifying informatio n to be included in certain
materials; authorizing promulgation of rules;
amending 63 O.S. 2021, Section 1 -517, which relates
to definitions; modifying definition; amending 63
O.S. 2021, Section 1 -518, which relates to report and
treatment of disease; upda ting term; amending 63 O.S.
2021, Section 1-522, which relates to treatment
without prescription; providing certain exception;
amending 63 O.S. 2021, Section 1 -532.1, which relates
to minor's consent for examinatio n and treatment for
venereal disease; upda ting term; repealing 63 O.S.
2021, Section 1-521, which relates to treatment by
person not a physician; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -522.1 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. “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 sexual partne r, shall not apply to any sexually
transmitted infection that could be chronic or require multiple
treatment courses.
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 diagnos is a patient
with a sexually transmitted infection may provide expedited partner
therapy if, in the professional judgment of the health care
provider, the patient’s sexual partner is unl ikely or unable 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 material s developed and provided by the State
Department of Health to be given by the patient to the patient’s
sexual partner.
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3. A health care provider shall use expedited 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 contacted 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 s ection, 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 licens ing
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.
D. The Department shall include the following informati on in
written materials developed and provided for distribution 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 an tibiotics and should 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 ph armaceutical class of drug
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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 preve nt 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 informa tion 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
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 He alth, the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners,
the Oklahoma Board of Nursing, and the State Board of Pharmacy may
promulgate rules as necessary to implement th is section.
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SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-517, is
amended to read as follows :
Section 1-517. For the purposes of the following sections of
this article:
(a) The term "sexually transmitted infection (STI)" means
syphilis, gonorrhea, chlamydia, human immunode ficiency virus
(HIV)/acquired immune deficiency syndrome (AIDS), and any other
disease which may be transmitted from any person to any other person
through or by means of any form of sexual contact.
(b) The term "infected person" means any individual, eith er sex,
who may be carrying the organism or is afflicted with any STI.
(c) The term "dealer" means any person who may handle, for sale,
any medicinal remedies or supposed remedies for an STI, and the
agents, clerks and employees of any such person; and any person who
may profess or claim to treat or cure, by the use of medicine or
otherwise, any sexually transmitted infection (STI), and the agents,
clerks and employees.
(d) The term "physician" shall include reputab le physicians who
have complied with all t he requirements of law regulating the
practice of their respective schools of medicine, and duly licensed
by such law to practice medicine in their respective schools, or
surgery, or both, and no other person "health care provider" means
an allopathic physician, osteopathic physician, physician assistant,
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or Advanced Practice Registered Nurse licensed in this state and
authorized to prescribe drugs .
SECTION 3. AMENDATORY 63 O.S. 2021, Section 1-518, is
amended to read as follows :
Section 1-518. It shall be unlawful for any person, being an
infected person, to refuse, fail , or neglect to report such fact to,
and submit to examination and treatment by, a physician health care
provider.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 1-522, is
amended to read as follows:
Section 1-522. It Except as provided in Section 1 of this act,
it shall be unlawful for any dealer to treat or offer to treat any
infected person, or to se ll, 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 a sexually transmitted
infection (STI), before requiring such person to produce and file
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 reasonable hours, to
the inspection of the State Commissioner of Hea lth or local health
officer.
SECTION 5. AMENDATORY 63 O.S. 2021, Section 1-532.1, is
amended to read as follows :
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Section 1-532.1. Any person, regardless of age, has the
capacity to consent to examination and treatment by a licensed
physician health care provider for any sexually transmitted
infection (STI).
SECTION 6. REPEALER 63 O.S. 2021, Section 1 -521, is
hereby repealed.
SECTION 7. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/04/2024 -
DO PASS, As Amended.