An Act
ENROLLED SENATE
BILL NO. 1491 By: Stanley of the Senate
and
Roe, Deck, and Swope of the
House
An Act relating to sexually transmitted infections;
defining term; authorizing provision of expedited
partner therapy under certain conditions; requiri ng
provision of certain counseling; providing certain
protections from civil liability and disciplinary
action; specifying information 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; updating term; amending 63 O.S.
2021, Section 1-522, which relates to treatment
without prescription; providing certain excepti on;
amending 63 O.S. 2021, Section 1 -532.1, which relates
to minor's consent for examination and treatment for
venereal disease; updating term; repealing 63 O.S.
2021, Section 1-521, which relates to treatment by
person not a physician; providing for codif ication;
and providing an effective date.
SUBJECT: Sexually transmitted infections
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 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
ENR. S. B. NO. 1491 Page 2
partner of a patient clinically dia gnosed by a health care provider
as infected with a sexually transmitted infection without a physical
examination of such sexual partner, 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 ed 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 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 provide r 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 cons tituting 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.
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:
ENR. S. B. NO. 1491 Page 3
1. A warning that a woman who is pregnant or might be pregnant
should not take certain antibiotics and should immediately contact a
health care provider for an examination;
2. Information about the ant imicrobial 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 exa mination;
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 importan ce 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
transmitted infections and the i mportance 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 State 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 2. AMENDATORY 63 O.S. 2021, Section 1 -517, is
amended to read as follows:
ENR. S. B. NO. 1491 Page 4
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 immunodeficiency virus
(HIV)/acquired immune deficiency syndrome (AI DS), 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, either
sex, who may be carrying the organism or is afflicted w ith 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 th e use of medicine or
otherwise, any sexually transmitted infection (STI), and the agents,
clerks and employees.
(d) The term "physician" shall include reputable physicians who
have complied with all the 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 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, be ing 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 fo llows:
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 sell, furnish or give to any infected person,
ENR. S. B. NO. 1491 Page 5
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 prescrip tion 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 Health 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.
ENR. S. B. NO. 1491 Page 6
Passed the Senate the 21st day of May, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 25th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _______ __
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________ ________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock _______ M.
By: _________________________________