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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1397 By: Provenzano
AS INTRODUCED
An Act relating to telemedicine for mental health;
amending 25 O.S. 2021, Section 2004, which relates to
consent for medical treatmen t of minors, exceptions,
and penalties for violations; adding mental health to
telemedicine; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Se ction 2004, is
amended to read as follows:
Section 2004. A. Except as otherw ise provided by law, no
person, corporation, association, organization, state -supported
institution, or individual employed by any of these entities may
procure, solicit to perfo rm, arrange for the performance of, perform
surgical procedures, or perform a physical examination upon a minor
or prescribe any prescription drugs to a minor without first
obtaining a written consent of a parent or legal guardian of the
minor. Provided, however, that if written consent is provided to a
school district for assessme nt or treatment, such consent shall be
effective for the school year for which it is granted and shall be
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renewed each subsequent school year. If an assessment or treatment
is performed through telemedicine , including but not limited to
telemedicine for mental health, at a school site and if consent has
been provided by the parent and is currently effective, the health
professional shall not be required to verify that the parent is at
the site.
B. Except as otherwise provided by law, no hospital as define d
in Section 1-701 of Title 63 of the Oklahoma Statutes may permit
surgical procedures to be performed upon a minor in its facilities
without first having received a written cons ent from a parent or
legal guardian of the minor.
C. The provisions of this section shall not apply when it has
been determined by a physician that an emergency exists and that it
is necessary to perform such surgical procedures for the treatment
of an injury, illness or drug abuse, or to save the life of the
patient, or when such parent or other adult authorized by law to
consent on behalf of a minor cannot be located or contacted after a
reasonably diligent effort.
D. The provisions of this section shal l not apply to an
abortion, which shall be governed by the provisions of Sections 1 -
740 through 1-740.6 and Sections 1 -744 through 1-744.6 of Title 63
of the Oklahoma Statutes or any successor statute.
E. A person who violates a provision of this section is guilty
of a misdemeanor, punishable by a fine of not more than One Thousand
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Dollars ($1,000.00) or imprisonment of not more than one (1) year in
the county jail, or by both such fine and imprisonment.
SECTION 2. This act shall become ef fective November 1, 2025.
60-1-11238 TJ 01/07/25