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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1600 By: Gise and Williams
AS INTRODUCED
An Act relating to health care; enacting the Lori
Brand Patient Bill of Rights Act of 2025; creating a
list of rights for a pa tient seeking treatment;
specifying certain responsibilities of patients
seeking treatment; creating certain rights for minor
patients seeking treatment; specifying certain
responsibilities of parents of minor patients seeking
treatment in this state; prov iding for codification;
and providing an effective date.
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 Section 3401 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Lori Brand
Patient Bill of Rights Act of 2025 ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3401.1 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Each patient treated in this state shall have the following
rights when being treated:
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1. The right to considerate and respectful care, provided in a
safe environment, free from all forms of abuse, neglect, harassment,
and exploitation;
2. To receive information in a manner that he or she
understands. Communications with the patient shall be effective and
provided in a manner that facil itates understanding by the patient.
Written information provided will be appr opriate to the age,
understanding, and, as appropriate, the language of the patient. As
appropriate, communications specific to the vision -, speech-,
hearing-, cognitive-, and language-impaired patient will be
provided. The hospital shall meet the requirements of federal
regulations that require program and facility accessibility;
3. To receive as much information about any proposed treatment
or procedure as he or she may need in order to give informed consent
or to refuse the course of treatment. Excep t in emergencies, this
shall include a description of the procedure or treatment, the
medically significant risks involved in the procedure or treatment,
alternate courses of tre atment or nontreatment and the risks
involved in each, and the name of the person who will carry out the
procedure or treatment;
4. To receive the name of the doctor who has primary
responsibility for coordinating his or her care and the names and
professional relationships of other doctors, nurses, and health care
providers who will see him or her;
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5. To have an advance directive attorney for health care
concerning treatment or to designate a surrogate decision -maker with
the expectation that the hospita l will honor the intent of that
directive to the extent allowed by law and hospital policy. The
health care provider must advise a patient of his or her rights
under state law and hospital policy to make informed medical
decisions, ask if the patient has an advance directive, and include
that information in patient records. The pa tient has the right to
timely information about hospital policy that may limit its ability
to implement a legally valid advance directive;
6. To participate in the development a nd implementation of his
or her plan of care and actively participate in decisions regarding
his or her medical care;
7. To accept medical care or to refuse treatment, to the extent
permitted by law, and to be informed of the consequences of such
refusal;
8. To become informed of his or her rights as a patient in
advance of, or when discontinuing, the provision of care. The
patient may appoint a representative to receive this information
should he or she so desire;
9. To leave the hospital, even against the advice of his or her
doctor;
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10. To be informed by his or her doctor or a delegate of his or
her doctor about the continuing health care requirements following
his or her discharge from the hospital;
11. To have a family member or representative of his or her
choice notified promptly of his or her admission to the hospital;
12. To request that no information regarding his or her
admittance, diagnosis, or treatment be released;
13. To full consideration of privacy concerning his or her
medical care program. Case discussion, consultation, examination,
and treatment are confidential and should be conducted discreetly to
protect privacy. The patient has the right to be advised as to the
reason for the presence of any individual involved in his or her
health care;
14. To review the records and obtain a copy of the medical
records pertaining to his or her medical care and to have the
information explained or interpreted as necessary, except when
restricted by law;
15. To reasonable continuity of care, when appropriate, and to
be informed by the doctor and other caregivers of available and
realistic patient care options when hospital care is no longer
appropriate;
16. To confidential treatment of all communications and records
pertaining to his or her c are and stay at the hospital. The
patient's written authorization shall be ob tained before his or her
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medical records can be made available to anyone not directly
concerned with his or her care;
17. To expect that, within its capacity and policies, the
hospital will make a reasonable response to the request of a patient
for appropriate and medically directed care and services. The
hospital must provide evaluation, service, and a referral as
indicated by the urgency of the case. When medically appropriat e
and legally permissible, or when a patient has requested a transfer,
that patient may be transferred to another facility. That facility
must have first accepted the patient for transfer. The patient must
also have the benefit of the complete informatio n and explanation
concerning the need for, risks and benefits of, and alternatives to
such a transfer;
18. The patient or patient 's representative has the right to
participate in the consideration of ethical issues that might arise
in the care of the pati ent. The hospital shall have a mechanism for
the consideration of ethical iss ues arising in the care of patients
and to provide education to caregivers and patients on ethical
issues in health care;
19. To exercise these rights without regard to sex , cultural,
economic, educational, or religious background, or the source of
payment for care;
20. To be advised of the hospital 's complaint or grievance
process should the patient wish to communicate a concern regarding
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the quality of care he or she receives. This includes whom to
contact to file a complaint. The patient will be prov ided with a
written notice of the complaint determination that contains the name
of the hospital's contact person, the steps taken on his or her
behalf to investigate the complai nt, the results of the complaint
and, when possible, the resolution of the complaint concerning the
quality of care;
21. To know which hospital rules, regulations, and policies
apply to the patient 's conduct while receiving treatment at a
hospital;
22. If the patient is sixty -five (65) years of age or older,
the message from Medic are outlining the rights of the elderly shall
be provided to the patient at the time of his or her admission to
the hospital;
23. To access protective and advocacy services or h ave these
services accessed on the patient 's behalf;
24. To be advised if a hospital or doctor proposes to engage in
research studies or human experimentation affecting the patient's
care or treatment. The patient has the right to consent or refuse
to participate in such research studies and to have those studies
fully explained prior to consent. All information provided to
subjects shall be contained in the medical record or research file,
along with the consent forms. Refusal to participate or
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discontinuation of participation shall not compromise the patient 's
right to access care, treatment, or services;
25. To examine and receive an explanation of his or her bill
regardless of source of payment;
26. To ask and be informed of the existence of busine ss
relationships among the hospital, educational institutions, health
care providers, or payers that may influence the patient 's treatment
and care;
27. To remain free from restraints or seclusion in any forms
that are not medically necessary or are used as a means of coercion,
discipline, convenience, or retaliation by staff;
28. To information about pain and pain -relief measures, staff
committed to pain prevention and pain management, health
professionals who respond quickly to reports of pain, health
professionals who believe reports of pain, and state -of-the-art pain
management;
29. To receive the visitors whom he or she designates,
including, but not limited to, a spouse, a domestic partner,
including a same-sex domestic partner, another family membe r, or a
friend. The patient has the right to withdraw or deny consent at
any time. Visitation will not be restricted, limited, or otherwise
denied on the basis of race, color, national origin, religion, sex,
or disability; and
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30. Through use of the hospital-issued notice of noncoverage,
Medicare beneficiaries have the right to b e informed in advance of
procedures or treatment for which Medicare may deny payment, and
that the beneficiary may be personally responsible for full payment
if Medicare denies p ayment.
B. A patient, guardian of a patient, or legally authorized
representative of a patient shall have the following
responsibilities:
1. To provide accurate and complete information concerning the
patient's present complaints, past illnesses, hospita lizations,
medications, and other matters relating to his or her health;
2. To report perceived risks in the patient 's care and
unexpected changes in his or her condition to the responsible health
care provider;
3. For the patient's actions should he or she refuse treatment
or not follow his or her doctor 's orders;
4. To ask questions when the patient does not understand what
he or she has been told about the patient 's care or what he or she
is expected to do;
5. To be considerate of the rights of other patients and
hospital personnel;
6. To participate in educational and discha rge planning
activities necessary to ensure that he or she has adequate knowledge
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and support services to provide him or her with a safe environment
upon discharge from the hospi tal;
7. To ask the doctor or nurse what to expect regarding pain
management, to discuss pain relief options with doctors and nurses
and to help develop a pain management plan, to ask for pain relief
when pain first begins, to help doctors and nurses asses s the
patient's pain, to tell the doctors and nurses if his or her pain is
not relieved, and to tell doctors and nurses about any concerns
about taking pain medication;
8. For keeping appointments and for notifying the hospital or
doctor when he or she is unable to do so;
9. Being respectful of his or her personal property and that of
other patients in the hospital;
10. Following hospital procedures; and
11. Assuring that the financial obligations of his or her care
is fulfilled as promptly as possible.
C. Any minor patient has the following rights when being
treated in this state:
1. To be treated with respect in regards to:
a. each child and adolescent as a unique individual, and
b. the caretaking role and individual response of the
parent and legal guardian;
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2. To provisions for normal physical and physiological needs of
a growing child including nutrition, rest, sleep, warmth, activity,
and freedom to move and explore. Minors shall have the right to:
a. appropriate treatment in the least restricti ve
setting,
b. not receive unnecessary or excessive medication,
c. an individualized treatment plan and the right to
participate in the plan,
d. a humane treatment environment that provides
reasonable protection from harm and appropriate
privacy for personal needs,
e. separation from adult patients when possible, and
f. regular communication between the minor patient and
the patient's family or legal guardian;
3. To consistent, supportive, and nurturing care which:
a. meets the emotional and psychosocial needs of the
minor, and
b. fosters open communication;
4. To provisions for s elf-esteem needs which will be met by
attempts to give the minor:
a. the reassuring presence of a caring person, especially
a parent,
b. freedom to express feelings or fears with appropriate
reactions,
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c. as much control as possible over both self and
situation,
d. opportunities to work through experiences before and
after they occur, verbally, in play, or in other
appropriate ways, and
e. recognition for coping well during diffic ult
situations;
5. To provisions for varied and normal stimuli of life which
contributes to cognitive, social, emotional, and physical
developmental needs such as play, educational, and social activities
essential to all children and adolescents;
6. To information about what to expect prior to, during, and
following a procedure or experience and support in coping with it;
7. To participate in decisions affecting their own medical
treatment; and
8. To the minimization of stay duration by recognizing
discharge planning needs.
D. All parents and legal guardians of minor patients in this
state shall have the following responsibilities:
1. To continue in their parenting role to the extent of their
ability; and
2. To be available to participate in decision -making and
provide staff with knowledge of other parent or family whereabouts.
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SECTION 3. This act shall become effective November 1, 2025.
60-1-10867 TJ 01/14/25