Oklahoma 2025 Regular Session

Oklahoma House Bill HB1397 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	Req. No. 11238 Page 1 1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27
28	28	STATE OF OKLAHOMA
29	29
30	30	1st Session of the 60th Legislature (2025)
31	31
32	32	HOUSE BILL 1397 By: Provenzano
33	33
34	34
35	35
36	36
37	37
38	38	AS INTRODUCED
39	39
40	40	An Act relating to telemedicine for mental health;
41	41	amending 25 O.S. 2021, Section 2004, which relates to
42	42	consent for medical treatmen t of minors, exceptions,
43	43	and penalties for violations; adding mental health to
44	44	telemedicine; and providing an effective date .
45	45
46	46
47	47
48	48
49	49
50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 25 O.S. 2021, Se ction 2004, is
52	52	amended to read as follows:
53	53	Section 2004. A. Except as otherw ise provided by law, no
54	54	person, corporation, association, organization, state -supported
55	55	institution, or individual employed by any of these entities may
56	56	procure, solicit to perfo rm, arrange for the performance of, perform
57	57	surgical procedures, or perform a physical examination upon a minor
58	58	or prescribe any prescription drugs to a minor without first
59	59	obtaining a written consent of a parent or legal guardian of the
60	60	minor. Provided, however, that if written consent is provided to a
61	61	school district for assessme nt or treatment, such consent shall be
62	62	effective for the school year for which it is granted and shall be
63	63
64	64	Req. No. 11238 Page 2 1
65	65	2
66	66	3
67	67	4
68	68	5
69	69	6
70	70	7
71	71	8
72	72	9
73	73	10
74	74	11
75	75	12
76	76	13
77	77	14
78	78	15
79	79	16
80	80	17
81	81	18
82	82	19
83	83	20
84	84	21
85	85	22
86	86	23
87	87	24
88	88
89	89	renewed each subsequent school year. If an assessment or treatment
90	90	is performed through telemedicine , including but not limited to
91	91	telemedicine for mental health, at a school site and if consent has
92	92	been provided by the parent and is currently effective, the health
93	93	professional shall not be required to verify that the parent is at
94	94	the site.
95	95	B. Except as otherwise provided by law, no hospital as define d
96	96	in Section 1-701 of Title 63 of the Oklahoma Statutes may permit
97	97	surgical procedures to be performed upon a minor in its facilities
98	98	without first having received a written cons ent from a parent or
99	99	legal guardian of the minor.
100	100	C. The provisions of this section shall not apply when it has
101	101	been determined by a physician that an emergency exists and that it
102	102	is necessary to perform such surgical procedures for the treatment
103	103	of an injury, illness or drug abuse, or to save the life of the
104	104	patient, or when such parent or other adult authorized by law to
105	105	consent on behalf of a minor cannot be located or contacted after a
106	106	reasonably diligent effort.
107	107	D. The provisions of this section shal l not apply to an
108	108	abortion, which shall be governed by the provisions of Sections 1 -
109	109	740 through 1-740.6 and Sections 1 -744 through 1-744.6 of Title 63
110	110	of the Oklahoma Statutes or any successor statute.
111	111	E. A person who violates a provision of this section is guilty
112	112	of a misdemeanor, punishable by a fine of not more than One Thousand
113	113
114	114	Req. No. 11238 Page 3 1
115	115	2
116	116	3
117	117	4
118	118	5
119	119	6
120	120	7
121	121	8
122	122	9
123	123	10
124	124	11
125	125	12
126	126	13
127	127	14
128	128	15
129	129	16
130	130	17
131	131	18
132	132	19
133	133	20
134	134	21
135	135	22
136	136	23
137	137	24
138	138
139	139	Dollars ($1,000.00) or imprisonment of not more than one (1) year in
140	140	the county jail, or by both such fine and imprisonment.
141	141	SECTION 2. This act shall become ef fective November 1, 2025.
142	142
143	143	60-1-11238 TJ 01/07/25