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SENATE FLOOR VERSION
April 7, 2025
ENGROSSED HOUSE
BILL NO. 1600 By: Gise, Williams, Pae,
Roberts, Caldwell (Chad),
Adams, Steagall, Harris,
Kelley, and Stark of the
House
and
Hines, McIntosh,
Standridge, Green, Bullard,
Hamilton, Grellner, and
Sacchieri of the Senate
An Act relating to health care; enacting the Lori
Brand Patient Bill of Rights Act of 2025; creating a
list of rights for a patient seeking treatment;
specifying certain responsibilities of patients
seeking treatment; creating ce rtain rights for minor
patients seeking treatment; specifying certain
responsibilities of parents of minor patients seeking
treatment; providing 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".
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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:
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 informa tion in a manner that he or she
understands. Communications with the patient shall be effective and
provided in a manner that facilitates understanding by the patient.
Written information provid ed will be appropriate to the age,
understanding, and, as app ropriate, 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 pro gram 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 tr eatment. Except in emergencies, this
shall include a descrip tion of the procedure or treatment, the
medically significant risks involved in the procedure or treatment,
alternate courses of treatment or nontreatment and the risks
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involved in each, and the name of the person who shall carry out the
procedure or treatment;
4. To have an advance directive attorney for health care
concerning treatment or to designate a surrogate decision -maker with
the expectation that the hospital will honor the intent of tha t
directive to the extent allowed by law and hospital policy. The
health care provider shall 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 patient has th e right to
timely information about hospital policy that may limit its ability
to implement a legally valid advance directive;
5. To participate in the development and implementation of his
or her plan of care and actively participate in decisions regardi ng
his or her medical care;
6. To accept medical care or to refuse treatment, to the extent
permitted by law, and to be informed of the consequences of such
refusal;
7. To become informed of his or her rights as a patient in
advance of, or when discontin uing, the provision of care. The
patient may appoint a representative to receive this information
should he or she so desire;
8. To have a family member or representative of his or her
choice notified promptly of his or her admission to the hospital;
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9. To request that no information regarding his or her
admittance, diagnosis, or treatment be released;
10. 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 interpr eted as necessary, except when
restricted by law;
11. 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;
12. To confidential treatment of all communications and records
pertaining to his or her care and stay at the hospital;
13. To expect that, within its capability, capacity, and
policies, the hospital shall make a reasonable response to the
request of a patient for appropriate and medically directed care and
services. The hospital shall provide evaluation, service, and a
referral as indicated by the urgency of the case. When medically
appropriate and legally permissible, or when a patient has requested
a transfer, that patient may be transferred to another facility.
That facility shall have first accepted the patient for transfer.
The patient shall also have the benefit of the complete information
and explanation concerning the need for, risks and benefit s of, and
alternatives to such a transfer;
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14. 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 pat ient. The hospital shall have a mechanism for
the consideration of ethical issues arising in the care of patients
and to provide education to caregivers and patients on ethical
issues in health care;
15. To be advised of the hospital's complaint or grievance
process should the patient wish to communicate a concern regarding
the quality of care he or she receives. This includes whom to
contact to file a complaint. The patient shall be provided with a
written notice of the complaint determination that con tains the name
of the hospital's contact person, the steps ta ken on his or her
behalf to investigate the complaint, the results of the complaint
and, when possible, the resolution of the complaint concerning the
quality of care;
16. To examine and receive an explanation of his or her bill
regardless of source of pa yment;
17. 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;
18. 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 member, or a
friend. The patient has the right to withdraw or deny consent at
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any time. Visitation shall not be restricted, limited, or otherwise
denied on the basis of race, color, national origin, religion, sex,
or disability; and
19. Through use of the hospital -issued notice of noncoverage,
Medicare beneficiaries have the right to be inform ed in advance of
procedures or treatment for which Medicare m ay deny payment, and
that the beneficiary may be personally responsible for full payment
if Medicare denies payment.
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, hospitalizations,
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 to ld 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;
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6. To participate in educational and discharge plan ning
activities necessary to ensure that he or she has adequa te knowledge
and support services to provide him or her with a safe environment
upon discharge from the hospital;
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 assess 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 procedur es; 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 restrictive
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 lega l 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 self -esteem needs which will be met by
attempts to give the minor:
a. the reassuring presence of a parent or legal guardian,
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 difficult
situations;
5. To provisions for varied and normal stimuli of life which
contributes to cognitive, social, emotional, and physical
developmental needs s uch 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 with a parent or legal guardian
affecting his or her own medical treatment; and
8. To the minimization of stay duration by recognizing
discharge planning needs.
D. Notwithstanding subsection C, par ents or legal guardians
have the final say in their minor chi ld's medical care as specified
in Section 2002 of Title 25 of the Oklahoma Statutes, subject to the
provisions of this title.
E. All parents and legal guardians of minor patients in this
state shall have the following responsibilities:
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1. To continue in his or her parenting role to the extent of
his or her ability; and
2. To be available to participate in decision -making and
provide staff with knowledge of other parent or family whereabouts.
SECTION 3. This act shall become effective Nov ember 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
April 7, 2025 - DO PASS