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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1491 By: Stanley of the Senate
and
Roe of the House
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; 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 information to be included in certain
materials; authorizing promulgation of ru les;
providing for codification; and providing an
effective date.
AUTHOR: Add the following House Coauthors: Deck and Swope
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to sexually transmitted infections;
defining term; authorizing provision of expedited
partner therapy under certain conditions ; requiring
provision of certain counselin g; providing certain
protections from civil liability and disciplinary
action; specifying informatio n to be included in
certain materials; authorizing promulgation of rules;
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amending 63 O.S. 2021, Section 1 -517, which relates
to definitions; modifying defi nition; 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 certai n exception;
amending 63 O.S. 2021, Sectio n 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 effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
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 numberin g, 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 provid ed 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
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services, a health care provider who clinically diagnos ed a patient
with a sexually transmitted in fection 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 exped ited partner
therapy shall provide coun seling 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.
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 o mission 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 o r
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
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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 thi s section:
1. A warning that a woman w ho 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 sex ual partner who has a
history of allergy to the drug or the ph armaceutical class of drug
should not take the drug and should immediately contact a health
care provider for examination;
3. Information about the treatm ent 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 immunodeficien cy 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 transmitt ed
infection is not completely and succ essfully treated;
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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.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-517, is
amended to read as follows :
Section 1-517. For the purposes of t he 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 f rom 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
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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,
or Advanced Practice Registered Nurse licensed in this state a nd
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 examin ation 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 a ny 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
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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:
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. "
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Passed the House of Representatives the 25th day of April, 2024.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2024.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 1491 By: Stanley of the Senate
and
Roe of the House
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 codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 8. 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 a sexually transmitted
infection (STI), before requiring such person to produce and fil e
with such dealer a proper prescription for such medicine, issu ed and
signed by a physician, which prescription shall be by the dealer
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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 9. 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 duplica tion 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 sexual 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
therapy if, in the professional jud gment of the health care
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provider, the patient’s sexual partner is unlikely 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 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 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 phar macist 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 section :
1. A warning that a woman who is pregnant or might be pregnant
should not take certain antibiotics a nd should immediately contact a
health care provider for an examination;
2. Information about the antimicrobial dr ug 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 o f time
after treatment to prevent infecting other s exual 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 t o 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 ris k of sexually
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transmitted infections and the importance of promp t 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 10. This act shall become effective November 1, 2024.
Passed the Senate the 27th day of February, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives