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ENGROSSED HOUSE
BILL NO. 1687 By: Roe of the House
and
Rosino of the Senate
An Act relating to advance health care directives;
creating the Uniform Health Care Decisions Act of
2025; providing definitions; specifying capacity;
providing for presumption of capacity; providing for
overcoming presumption; providing notice; authorizing
the right to object; providing for judicial review;
providing for health care instruction; establishing
power of attorney for health care; establishing
advance mental health care directive; providing for
certain conflicting health care directives; provid ing
an optional form; providing for a default surrogate;
providing for disagreement; providing for
disqualification; providing for revocation; providing
for validity; providing for conflict of law;
providing for duties; providing for powers; limiting
powers; providing for co agents and alternate agents;
providing for duties of health care professionals;
providing for responsibilities of health care
professionals and hea lth care institutions; providing
for decisions by guardians; providing for immunity;
prohibiting conduct; providing for damages; providing
for judicial relief; providing for construction;
providing for application; 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 3100 of Title 63, unless there
is created a duplication in numb ering, reads as follows:
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This act shall be known and may be cited as the "Uniform Health
Care Decisions Act of 2025 ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.1 of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Advance health care directive " means a power of attorney
for health care, health care instruction, or both. The term
includes an advance mental health care direct ive;
2. "Advance mental health care directive " means a power of
attorney for health care, health care instruction, or both, created
under Section 9 of this act;
3. "Agent" means an individual appointed under a power of
attorney for health care to make a health care decision for the
individual who made the appointment. The term includes a co agent or
alternate agent appointed under Section 20 of this act;
4. "Capacity" means having capacity under Section 3 of this
act;
5. "Cohabitant" means each of two individuals who have been
living together as a couple for at least one (1) year after each
became an adult or was emancipated and who are not married to one
another;
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6. "Default surrogate" means an individual authorized under
Section 12 of this act to make a health care decision for another
individual;
7. "Electronic" means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities;
8. "Family member" means a spouse, domestic partner, adult
child, parent, or grandparent, or an adult descendant of a spouse,
child, parent, or grandparent;
9. "Guardian" means a person appointed under other law by a
court to make decisions regarding the personal affairs of an
individual, which may include health ca re decisions. The term does
not include a guardian ad litem;
10. "Health care" means care or treatment or a service or
procedure to maintain, monitor, diagnose, or otherwise affect an
individual's physical or mental illness, injury, or condition. The
term includes mental health care;
11. "Health care decision " means a decision made by an
individual or the individual 's surrogate regarding the individual 's
health care, including:
a. selection or discharge of a health care professional
or health care insti tution,
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b. approval or disapproval of a diagnostic test, surgical
procedure, medication, therapeutic intervention, or
other health care, and
c. direction to provide, withhold, or withdraw artificial
nutrition or hydration, mechanical ventilation, or
other health care;
12. "Health care institution " means a facility or agency
licensed, certified, or otherwise authorized or permitted by other
law to provide health care in this state in the ordinary course of
business;
13. "Health care instruction " means a direction, whether or not
in a record, made by an individual that indicates the individual 's
goals, preferences, or wishes concerning the provision, withholding,
or withdrawal of health care. The term includes a direction
intended to be effective if a speci fied condition arises;
14. "Health care professional " means a physician or other
individual licensed, certified, or otherwise authorized or permitted
by other law of this state to provide health care in this state in
the ordinary course of business or the practice of the physician's
or individual's profession;
15. "Individual" means an adult or emancipated minor;
16. "Mental health care" means care or treatment or a service
or procedure to maintain, monitor, diagnose, or otherwise affect an
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individual's mental illness or other psychiatric, psychological, or
psychosocial condition;
17. "Nursing home" means a nursing facility as defined in
Section 1919(a)(1) of the Social Security Act, 42 U.S.C. , Section
1396r(a)(1), as amended, or skilled nursing facility as defined in
Section 1819(a)(1) of the Social Security Act, 42 U.S.C. , Section
1395i–3(a)(1), as amended;
18. "Person" means an individual, estate, business or nonprofit
entity, government or governmental subdivision, agency, or
instrumentality, or othe r legal entity;
19. "Person interested in the welfare of the individual " means:
a. the individual's surrogate,
b. a family member of the individual,
c. the cohabitant of the individual,
d. a public entity providing health care case management
or protective services to the individual,
e. a person appointed under other law to make decisions
for the individual under a power of attorney for
finances, or
f. a person that has an ongoing personal or professional
relationship with the individual, including a perso n
that has provided educational or health care services
or supported decision making to the individual;
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20. "Physician" means an individual authorized to practice
medicine from the State Board of Medical Licensure and Supervision
or the State Board of Ost eopathic Examiners;
21. "Power of attorney for health care " means a record in which
an individual appoints an agent to make health care decisions for
the individual;
22. "Reasonably available " means being able to be contacted
without undue effort and bei ng willing and able to act in a timely
manner considering the urgency of an individual 's health care
situation. When used to refer to an agent or default surrogate, the
term includes being willing and able to comply with the duties under
Section 17 of this act in a timely manner considering the urgency of
an individual's health care situation;
23. "Record" means information:
a. inscribed on a tangible medium, or
b. stored in an electronic or other medium and
retrievable in perceivable form;
24. "Responsible health care professional " means:
a. a health care professional designated by an individual
or the individual's surrogate to have primary
responsibility for the individual 's health care or for
overseeing a course of treatment, or
b. in the absence of a designation under subparagraph a
of this paragraph, or if the professional designated
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under subparagraph a of this paragraph is not
reasonably available, a health care professional who
has primary responsibility for overseeing the
individual's health care or for overseeing a course of
treatment;
25. "Sign" means with present intent to authenticate or adopt a
record:
a. execute or adopt a tangible symbol, or
b. attach to or logically associate with the record an
electronic symbol, sound, or process;
26. "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
other territory, or possession subject to the jurisdiction of the
United States. The term includes a federally recognized Indian
tribe;
27. "Supported decision making " means assistance, from one or
more persons of an individual 's choosing, that helps the individual
make or communicate a decision, including by helping the individual
understand the nature and consequences of the decision ; and
28. "Surrogate" means:
a. an agent,
b. a default surrogate, or
c. a guardian authorized to make health care decisions.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.2 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. An individual has capacity for the purpose of this act if
the individual:
1. Is willing and able to communicate a decision independently
or with appropriate services, technolog ical assistance, supported
decision making, or other reasonable accommodation; and
2. In making or revoking:
a. a health care decision, understands the nature and
consequences of the decision, including the primary
risks and benefits of the decision,
b. a health care instruction, understands the nature and
consequences of the instruction, including the primary
risks and benefits of the choices expressed in the
instruction, and
c. an appointment of an agent under a health care power
of attorney or identific ation of a default surrogate
under paragraph 1 of subsection B of Section 12 of
this act, recognizes the identity of the individual
being appointed or identified and understands the
general nature of the relationship of the individual
making the appointmen t or identification with the
individual being appointed or identified.
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B. The right of an individual who has capacity to make a
decision about the individual 's health care is not affected by
whether the individual creates or revokes an advance health care
directive.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.3 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. An individual is presumed to have c apacity to make or revoke
a health care decision, health care instruction, and power of
attorney for health care unless:
1. A court has found the individual lacks capacity to do so; or
2. The presumption is rebutted under subsection B of this
section.
B. Subject to Sections 5 and 6 of this act, a presumption under
subsection A of this section may be rebutted by a finding that the
individual lacks capacity:
1. Subject to subsection C of this section, made on the basis
of a contemporaneous examination by any of the following:
a. a physician,
b. a psychologist licensed or otherwise authorized to
practice in this state, or
c. an individual with training and expertise in the
finding of lack of capacity who is licensed or
otherwise authorized to practice in th is state as:
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(1) a physician assistant,
(2) an advanced practice registered nurse, or
(3) a social worker, or
d. a responsible health care professional not described
in subparagraph a, b, or c of this paragraph if:
(1) the individual about whom the finding is to be
made is experiencing a health condition requiring
a decision regarding health care treatment to be
made promptly to avoid loss of life or serious
harm to the health of the individual, and
(2) an individual listed in subparagraph a, b, or c
of this paragraph is not reasonably available;
2. Made in accordance with accepted standards of the profession
and the scope of practice of the individual making the finding and
to a reasonable degree of certainty; and
3. Documented in a record signed by the i ndividual making the
finding that includes an opinion of the cause, nature, extent, and
probable duration of the lack of capacity.
C. The finding under subsection B of this section may not be
made by:
1. A family member of the individual presumed to have capacity;
2. The cohabitant of the individual or a descendant of the
cohabitant; or
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3. The individual's surrogate, a family member of the
surrogate, or a descendant of the surrogate.
D. If the finding under subsection B of this section was based
on a condition the individual no longer has or a responsible health
care professional subsequently has good cause to believe the
individual has capacity, the individual is presumed to have capacity
unless a court finds the individual lacks capacity or the
presumption is rebutted under subsection B of this section.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.4 of Title 63, unless there
is created a duplication in numbering, reads as follow s:
A. As soon as reasonably feasible, an individual who makes a
finding under subsection B of Section 4 of this act shall inform the
individual about whom the finding was made or the individual 's
responsible health care professional of the finding.
B. As soon as reasonably feasible, a responsible health care
professional who is informed of a finding under subsection B of
Section 4 of this act shall inform the individual about whom the
finding was made and the individual 's surrogate.
C. An individual foun d under subsection B of Section 4 of this
act to lack capacity may object to the finding:
1. By orally informing a responsible health care professional;
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2. In a record provided to a responsible health care
professional or the health care institution in w hich the individual
resides or is receiving care; or
3. By another act that clearly indicates the individual 's
objection.
D. If the individual objects under subsection C of this
section, the finding under subsection B of Section 4 of this act is
not sufficient to rebut a presumption of capacity under subsection A
of Section 4 of this act and the individual must be treated as
having capacity unless:
1. The individual withdraws the objection;
2. A court finds the individual lacks the presumed capacity;
3. The individual is experiencing a health condition requiring
a decision regarding health care treatment to be made promptly to
avoid imminent loss of life or serious harm to the health of the
individual; or
4. Subject to subsection B of this section, the finding is
confirmed by a second finding made by an individual authorized under
paragraph 1 of subsection B of Section 4 of this act who:
a. did not make the first finding,
b. is not a family member of the individual who made the
first finding, and
c. is not the cohabitant of the individual who made the
first finding or a descendant of the cohabitant.
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E. A second finding that the individual lacks capacity under
paragraph 4 of subsection D of this section is not sufficient to
rebut the presumption of capac ity if the individual is requesting
the provision or continuation of life -sustaining treatment and the
finding is being used to make a decision to withhold or withdraw the
treatment.
F. As soon as reasonably feasible, a health care professional
who is informed of an objection under subsection C of this section
shall:
1. Communicate the objection to a responsible health care
professional; and
2. Document the objection and the date of the objection in the
individual's medical record or communicate the obje ction and the
date of the objection to an administrator with responsibility for
medical records of the health care institution providing health care
to the individual, who shall document the objection and the date of
the objection in the individual 's medical record.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.5 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. An individual found under subsection B of Section 4 of this
act to lack capacity, a responsible health care professional, the
health care institution providing health care to the individual, or
a person interested in the welfare of the individual may petition
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the court in the respective coun ty in which the individual resides
or is located to determine whether the individual lacks capacity.
B. The court in which a petition under subsection A of this
section is filed shall appoint legal counsel to represent the
individual if the individual doe s not have legal counsel and a
guardian ad litem. The court shall hear the petition as soon as
possible, but not later than seven (7) days after the petition is
filed. As soon as possible, but not later than seven (7) days after
the hearing, the court sh all determine whether the individual lacks
capacity. The court may determine the individual lacks capacity
only if the court finds by clear and convincing evidence that the
individual lacks capacity.
SECTION 7. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 3100.6 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. An individual may create a health care instruction that
expresses the individual 's preferences for fut ure health care,
including preferences regarding:
1. Health care professionals or health care institutions;
2. How a health care decision will be made and communicated;
3. Persons that should or should not be consulted regarding a
health care decision;
4. A person to serve as guardian for the individual if one is
appointed; and
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5. An individual to serve as a default surrogate.
B. A health care professional to whom an individual
communicates or provides an instruction under subsection A of this
section shall document the instruction and the date of the
instruction in the individual 's medical record or communicate the
instruction and date of the instruction to an administrator with
responsibility for medical records of the health care institution
providing health care to the individual, who shall document the
instruction and the date of the instruction in the individual 's
medical record.
C. A health care instruction made by an individual that
conflicts with an earlier health care instruction made by the
individual, including an instruction documented in a medical order,
revokes the earlier instruction to the extent of the conflict.
D. A health care instruction may be in the same record as a
power of attorney for health care.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.7 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. An individual may create a power of attorney for health care
to appoint an agent to make health care decisions for the
individual.
B. An individual is disqualified from acting as agent for an
individual who lacks capacity to make health care decisions if:
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1. A court finds that the potential agent poses a danger to the
individual's well-being, even if the court does not issue a
restraining order against the potential agent; or
2. The potential agent is an owner, operator, employee, or
contractor of a nursing home, or other residential care facility, in
which the individual reside s or is receiving care, unless the owner,
operator, employee, or contractor is a family member of the
individual, the cohabitant of the individual, or a descendant of the
cohabitant.
C. A health care decision made by an agent is effective without
judicial approval.
D. A power of attorney for health care must be in a record,
signed by the individual creating the power, and signed by an adult
witness who:
1. Reasonably believes the act of the individual to create the
power of attorney is voluntary and know ing; and
2. Is not:
a. the agent appointed by the individual,
b. the agent's spouse, or cohabitant, or
c. if the individual resides or is receiving care in a
nursing home, or other residential care facility, the
owner, operator, employee, or contractor of the
nursing home, or other residential care facility; and
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3. Is present when the individual signs the power of attorney
or when the individual represents that the power of attorney
reflects the individual 's wishes.
E. A witness under subsection D of thi s section is considered
present if the witness and the individual are:
1. Physically present in the same location;
2. Using electronic means that allow for real time audio and
visual transmission and communication in real time to the same
extent as if the witness and the individual were physically present
in the same location; or
3. Able to speak to and hear each other in real time through
audio connection if:
a. the identity of the individual is personally known to
the witness, or
b. the witness is able to authenticate the identity of
the individual by receiving accurate answers from the
individual that enable s the authentication.
F. A power of attorney for health care may include a health
care instruction.
SECTION 9. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 3100.8 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. An individual may create an advance health care directive
that addresses only mental health c are for the individual. The
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directive may include a health care instruction, a power of attorney
for health care, or both.
B. A health care instruction under this section may include the
individual's:
1. General philosophy and objectives regarding menta l health
care; and
2. Specific goals, preferences, and wishes regarding the
provision, withholding, or withdrawal of a form of mental health
care, including:
a. preferences regarding professionals, programs, and
facilities,
b. admission to a mental health facility, including
duration of admission ,
c. preferences regarding medications ,
d. refusal to accept a specific type of mental health
care, including a medication , and
e. preferences regarding crisis intervention.
C. A power of attorney for health care under this section may
appoint an agent to make decisions only for mental health care.
D. An individual may direct in an advance mental health care
directive that, if the individual is experiencing a psychiatric or
psychological event specified in the dir ective, the individual may
not revoke the directive or a part of the directive.
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E. If an advance mental health care directive includes a
direction under subsection D of this section, the advance mental
health care directive must be in a record that is sep arate from any
other advance health care directive created by the individual and
signed by the individual creating the advance mental health care
directive and at least two adult witnesses who:
1. Attest that to the best of their knowledge the individual:
a. understood the nature and consequences of the
direction, including its risks and benefits , and
b. made the direction voluntarily and without coercion or
undue influence;
2. Are not:
a. the agent appointed by the individual,
b. the agent's spouse, or cohabitant, and
c. if the individual resides in a nursing home, or other
residential care facility, the owner, operator,
employee, or contractor of the nursing home, or other
residential care facility; and
3. Are physically present in the same location as the
individual.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.9 of Title 63, unless there
is created a duplication in numbering, reads as follows:
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A. If a direction in an advance me ntal health care directive of
an individual conflicts with a direction in another advance health
care directive of the individual, the later direction revokes the
earlier direction to the extent of the conflict.
B. An appointment of an agent to make decisions only for mental
health care for an individual does not revoke an earlier appointment
of an agent to make other health care decisions for the individual.
A later appointment revokes the authority of an agent under the
earlier appointment to make decis ions about mental health care
unless otherwise specified in the power of attorney making the later
appointment.
C. An appointment of an agent to make health care decisions for
an individual other than decisions about mental health care made
after appointment of an agent authorized to make only mental health
care decisions does not revoke the appointment of the agent
authorized to make only mental health care decisions.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.10 of Title 63, unless
there is created a duplication in numbering, reads as follows:
The following form may be used to create an advance health care
directive:
ADVANCE HEALTH CARE DIRECTIVE
HOW YOU CAN USE THIS FORM
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You can use this form if you wish to name someone to make health
care decisions for you in case you cannot make decisions for
yourself. This is called giving the person a power of attorney for
health care. This person is called your agent.
You can also use this form to state your wishes, preferences,
and goals for health care, and to say if you want to be an organ
donor after you die.
YOUR NAME AND DATE OF BIRTH
Name:
Date of birth:
PART A: NAMING AN AGENT
This part lets you name someone else to make health care
decisions for you. You may leave any item blank.
1. NAMING AN AGENT
I want the following person to make health care decisions for me
if I cannot make decisions for myself:
Name:
Optional contact information (it is helpful to include
information such as address, phone, and email):
2. NAMING AN ALTERNATE AGENT
I want the following person to make health care decisions for me
if I cannot and my agent is not able or available to make them for
me:
Name:
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Optional contact information (it is helpful to include
information such as address, phone, and email):
3. LIMITING YOUR AGENT'S AUTHORITY
I give my agent the power to make all health care decisions for
me if I cannot make those decisions for myself, except the
following:
(If you do not add a limitation here, your agent will be able to
make all health care decisions that an agent is permitted to make
under state law.)
PART B: HEALTH CARE INSTRUCTIONS
This part lets you state your priorities for health care and to
state types of health care you do and do not wa nt.
1. INSTRUCTIONS ABOUT LIFE-SUSTAINING TREATMENT
This section gives you the opportunity to say how you want your
agent to act while making decisions for you. You may mark or
initial each choice. You also may leave any choice blank.
Treatment. Medical treatment needed to keep me alive but not
needed for comfort or any other purpose should (mark or initial all
that apply):
(____) Always be given to me. (If you mark or initial this
choice, you should not mark or initial other choices in this
"treatment" section.)
(____) Not be given to me if I have a condition that is not
curable and is expected to cause my death soon, even if treated.
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(____) Not be given to me if I am unconscious and I am not
expected to be conscious again.
(____) Not be given to me if I have a medical condition from
which I am not expected to recover that prevents me from
communicating with people I care about, caring for myself, and
recognizing family and friends.
(____) Other (write what you want or do not want):
Food and liquids. If I can't swallow and staying alive requires
me to get food or liquids through a tube or other means for the rest
of my life, then food or liquids should (mark or initial all that
apply):
(____) Always be given to me. (If you mark or initial this
choice, you should not mark or initial other choices in this "food
and liquids" section.)
(____) Not be given to me if I have a condition that is not
curable and is expected to cause me to die soon, even if treated.
(____) Not be given to me if I am uncons cious and am not
expected to be conscious again.
(____) Not be given to me if I have a medical condition from
which I am not expected to recover that prevents me from
communicating with people I care about, caring for myself, and
recognizing family and fr iends.
(____) Other (write what you want or do not want):
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Pain relief. If I am in significant pain, care that will keep
me comfortable but is likely to shorten my life should (mark or
initial all that apply):
(____) Always be given to me. (If you mark or initial this
choice, you should not mark or initial other choices in this "pain
relief" section.)
(____) Never be given to me. (If you mark or initial this
choice, you should not mark or initial other choices in this "pain
relief" section.)
(____) Be given to me if I have a condition that is not curable
and is expected to cause me to die soon, even if treated.
(____) Be given to me if I am unconscious and am not expected
to be conscious again.
(____) Be given to me if I have a medical condition from which
I am not expected to recover that prevents me from communicating
with people I care about, caring for myself, and recognizing family
and friends.
(____) Other (write what you want or do not want):
2. MY PRIORITIES
You can use this section to indic ate what is important to you,
and what is not important to you. This information can help your
agent make decisions for you if you cannot. It also helps others
understand your preferences.
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You may mark or initial each choice. You also may leave any
choice blank.
Staying alive as long as possible even if I have substantial
physical limitations is:
(____) Very important
(____) Somewhat important
(____) Not important
Staying alive as long as possible even if I have substantial
mental limitations is:
(____) Very important
(____) Somewhat important
(____) Not important
Being free from significant pain is:
(____) Very important
(____) Somewhat important
(____) Not important
Being independent is:
(____) Very important
(____) Somewhat important
(____) Not important
Having my agent talk with my family before making decisions
about my care is:
(____) Very important
(____) Somewhat important
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(____) Not important
Having my agent talk with my friends before making decisions
about my care is:
(____) Very important
(____) Somewhat important
(____) Not important
3. OTHER INSTRUCTIONS
You can write in this section more information about your goals,
values, and preferences for treatment, including care you want or do
not want. You can also use this sectio n to name anyone who you do
not want to make decisions for you under any conditions.
PART C: OPTIONAL SPECIAL POWERS AND GUIDANCE
This part lets you give your agent additional powers, and to
provide more guidance about your wishes. You may mark or initia l
each choice. You also may leave any choice blank.
1. OPTIONAL SPECIAL POWERS
My agent can do the following things ONLY if I have marked or
initialed them below:
(____) Admit me as a voluntary patient to a facility for mental
health treatment for up to _____ days (write in the number of days
you want like 7, 14, 30 or another number). (If I do not mark or
initial this choice, my agent MAY NOT admit me as a voluntary
patient to this type of facility.)
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(____) Place me in a nursing home for more than 100 days even
if my needs can be met somewhere else, I am not terminally ill, and
I object. (If I do not mark or initial this choice, my agent MAY
NOT do this.)
2. ACCESS TO MY HEALTH INFORMATION
My agent may obtain, examine, and share information about my
health needs and health care if I am not able to make decisions for
myself. If I mark or initial below, my agent may also do that at
any time my agent thinks it will help me.
(____) I give my agent permission to obtain, examine, and share
information about my health needs and health care whenever my agent
thinks it will help me.
3. FLEXIBILITY FOR MY AGENT
Mark or initial below if you want to give your agent flexibility
in following instructions you provide in this form. If you do not,
your agent must follow the instructions even if your agent thinks
something else would be better for you.
(____) I give my agent permission to be flexible in applying
these instructions if my agent thinks it would be in my best
interest based on what my agent knows about me.
4. NOMINATION OF GUARDIAN
You can say who you would want as your guardian if you needed
one. A guardian is a person appointed by a court to make decisions
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for someone who cannot make decisions. Filling this out does NOT
mean you want or need a guard ian.
If a court appoints a guardian to make personal decisions for
me, I want the court to choose:
(____) My agent named in this form. If my agent cannot be a
guardian, I want the alternate agent named in this form.
(____) Other (write who you would wan t and their contact
information):
PART D: ORGAN DONATION
This part lets you donate your organs after you die. You may
leave any item blank.
1. DONATION
You may mark or initial only one choice.
(____) I donate my organs, tissues, and other body parts af ter
I die, even if it requires maintaining treatments that conflict with
other instructions I have put in this form, EXCEPT for those I list
below (list any body parts you do NOT want to donate):
(____) I do not want my organs, tissues, or body parts dona ted
to anybody for any reason. (If you mark or initial this choice, you
should skip the "PURPOSE OF DONATION" section.)
2. PURPOSE OF DONATION
You may mark or initial all that apply. (If you do not mark or
initial any of the purposes below, your donatio n can be used for all
of them.)
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Organs, tissues, or body parts that I donate may be used for:
(____) Transplant
(____) Therapy
(____) Research
(____) Education
(____) All of the above
PART E: SIGNATURES
YOUR SIGNATURE
Sign your name:
Today's date:
City/Town/Village and State (optional):
SIGNATURE OF A WITNESS
You need a witness if you are using this form to name an agent.
The witness must be an adult and cannot be the person you are naming
as agent or the agent's spouse, or someone the agent lives with as a
couple. If you live or are receiving care in a nursing home, the
witness cannot be an employee or contractor of the home or someone
who owns or runs the home.
Name of Witness:
Signature of Witness:
(Only sign as a witness if you think the person s igning above is
doing it voluntarily.)
Date witness signed:
PART F: INFORMATION FOR AGENTS
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1. If this form names you as an agent, you can make decisions
about health care for the person who named you when the person
cannot make their own.
2. If you make a decision for the person, follow any
instructions the person gave, including any in this form.
3. If you do not know what the person would want, make the
decision that you think is in the person 's best interest. To figure
out what is in the person 's best interest, consider the person 's
values, preferences, and goals if you know them or can learn them.
Some of these preferences may be in this form. You should also
consider any behavior or communication from the person that
indicates what the person curr ently wants.
4. If this form names you as an agent, you can also get and
share the person's health information. Unless the person has said
so in this form, you can get or share this information only when the
person cannot make decisions about the person 's health care.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.11 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. A default surrogate may make a health care decision for an
individual who lacks capacity to make health care decisions and for
whom an agent, or guardian authorized to make health care decisions,
has not been appointed or is not reasonably available.
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B. Unless the individual has an adv ance health care directive
that indicates otherwise, a member of the following classes, in
descending order of priority, who is reasonably available and not
disqualified under Section 14 of this act, may act as a default
surrogate for the individual:
1. An adult the individual has identified, other than in a
power of attorney for health care, to make a health care decision
for the individual if the individual cannot make the decision;
2. The individual's spouse, unless:
a. a petition for annulment, divorc e, dissolution of
marriage, legal separation, or termination has been
filed and not dismissed or withdrawn ,
b. a decree of annulment, divorce, dissolution of
marriage, legal separation, or termination has been
issued,
c. the individual and the spouse have agreed in a record
to a legal separation , or
d. the spouse has abandoned the individual for more than
one (1) year;
3. The individual's adult child or parent;
4. The individual's cohabitant;
5. The individual's adult sibling;
6. The individual's adult grandchild or grandparent;
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7. An adult not listed in paragraphs 1 through 6 of this
subsection who has assisted the individual with supported decision
making routinely during the preceding six (6) months;
8. The individual's adult stepchild not listed in paragraphs 1
through 7 of this subsection whom the individual actively parented
during the stepchild 's minor years and with whom the individual has
an ongoing relationship; or
9. An adult not listed in paragraphs 1 through 8 of this
subsection who has exhibited special care and concern for the
individual and is familiar with the individual 's personal values.
C. A responsible health care professional may require an
individual who assumes authority to act as a default surrogate to
provide a declaration in a record under penalty of perjury stating
facts and circumstances reasonably sufficient to establish the
authority.
D. If a responsible health care professional reasonably
determines that an individual who assumed authority to act as a
default surrogate is not willing or able to comply with a duty under
Section 17 of this act or fails to comply with the duty in a timely
manner, the professional may recognize the individual next in
priority under subsection B of this section as the default
surrogate.
E. A health care decision made by a default surrogate is
effective without judicial approval.
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SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.12 of Title 63, unless
there is created a dupli cation in numbering, reads as follows:
A. A default surrogate who assumes authority under Section 12
of this act shall inform a responsible health care professional if
two or more members of a class under subsection B of Section 12 of
this act have assumed authority to act as default surrogates and the
members do not agree on a health care decision.
B. A responsible health care professional shall comply with the
decision of a majority of the members of the class with highest
priority under subsection B of Section 12 of this act who have
communicated their views to the professional and the professional
reasonably believes are acting consistent with their duties under
Section 17 of this act.
C. If a responsible health care professional is informed that
the members of the class who have communicated their views to the
professional are evenly divided concerning the health care decision,
the professional shall make a reasonable effort to solicit the views
of members of the class who are reasonably available but have not
yet communicated their views to the professional. The professional,
after the solicitation, shall comply with the decision of a majority
of the members who have communicated their views to the professional
and the professional reasonably believe s are acting consistent with
their duties under Section 17 of this act.
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D. If the class remains evenly divided after the effort is made
under subsection C of this section, the health care decision must be
made as provided by other law of this state regard ing the treatment
of an individual who is found to lack capacity.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.13 of Title 63, unless
there is created a duplication in numbering, re ads as follows:
A. An individual for whom a health care decision would be made
may disqualify another individual from acting as default surrogate
for the first individual. The disqualification must be in a record
signed by the first individual or communi cated verbally or
nonverbally to the individual being disqualified, another
individual, or a responsible health care professional.
Disqualification under this subsection is effective even if made by
an individual who lacks capacity to make an advance dire ctive if the
individual clearly communicates a desire that the individual being
disqualified cannot make health care decisions for the individual.
B. An individual is disqualified from acting as a default
surrogate for an individual who lacks capacity to make health care
decisions if:
1. A court finds that the potential default surrogate poses a
danger to the individual 's well-being, even if the court does not
issue a restraining order against the potential surrogate;
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2. The potential default surrogate i s an owner, operator,
employee, or contractor of a nursing home , or other residential care
facility, in which the individual is residing or receiving care
unless the owner, operator, employee, or contractor is a family
member of the individual, the cohabit ant of the individual, or a
descendant of the cohabitant; or
3. The potential default surrogate refuses to provide a timely
declaration under subsection C of Section 12 of this act.
SECTION 15. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes as Section 3100.14 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. An individual may revoke the appointment of an agent, the
designation of a default surrogate, or a health care instruction in
whole or in part, unless:
1. A court finds the individual lacks capacity to do so;
2. The individual is found under subsection B of Section 4 of
this act to lack capacity to do so , and if the individual objects to
the finding, the finding is confi rmed under paragraph 4 of
subsection D of Section 5 of this act; or
3. The individual created an advance mental health care
directive that includes the provision under subsection D of Section
9 of this act and the individual is experiencing the psychiatri c or
psychological event specified in the directive.
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B. Revocation under subsection A of this section may be by any
act of the individual that clearly indicates that the individual
intends to revoke the appointment, designation, or instruction,
including an oral statement to a health care professional.
C. Except as provided in Section 10 of this act, an advance
health care directive of an individual that conflicts with another
advance health care directive of the individual revokes the earlier
directive to the extent of the conflict.
D. Unless otherwise provided in an individual 's advance health
care directive appointing an agent, the appointment of a spouse of
an individual as agent for the individual is revoked if:
1. A petition for annulment, divorce, dissolution of marriage,
legal separation, or termination has been filed and not dismissed or
withdrawn;
2. A decree of annulment, divorce, dissolution of marriage,
legal separation, or termination has been issued;
3. The individual and the spouse have agreed in a record to a
legal separation; or
4. The spouse has abandoned the individual for more than one
(1) year.
SECTION 16. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.15 of Title 63, unless
there is created a duplication in numbering, reads as follows:
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A. An advance health care directive created outside this state
is valid if it complies with:
1. The law of the state specified in the directive or, if a
state is not specified, the state in which the individual created
the directive; or
2. This act.
B. A person may assume without inquiry that an advance health
care directive is genuine, valid, and still in effect, and may
implement and rely on it, unless the person has good cause to
believe the directive is invalid or has been revoked.
C. An advance health care directive, revocation of a directive,
or a signature on a directive or revocation may not be denied legal
effect or enforceability solely because it is in electronic form.
D. Evidence relating to an advance health care directive,
revocation of a directive, or a signature on a directive or
revocation may not be excluded in a proceeding solely because the
evidence is in electronic form.
E. This act does not affect the validity of a n electronic
record or signature that is valid under Section 15-101 et seq. of
Title 12A of the Oklahoma Statutes .
F. If this act conflicts with other law of this state relating
to the creation, execution, implementation, or revocation of an
advance health care directive, this act prevails.
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SECTION 17. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.16 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. An agent or default surrogate has a fiduciary duty to the
individual for whom the agent or default surrogate is acting when
exercising or purporting to exercise a power under Section 18 of
this act.
B. An agent or default surrogate shall make a health care
decision in accordance with the direction of the individual in an
advance health care directive and other goals, preferences, and
wishes of the individual to the extent known or reasonably
ascertainable by the agent or default surrogate.
C. If there is not a dir ection in an advance health care
directive and the goals, preferences, and wishes of the individual
regarding a health care decision are not known or reasonably
ascertainable by the agent or default surrogate, the agent or
default surrogate shall make the decision in accordance with the
agent's or default surrogate 's determination of the individual 's
best interest.
D. In determining the individual 's best interest under
subsection C of this section, the agent or default surrogate shall:
1. Give primary consideration to the individual's
contemporaneous communications, including verbal and nonverbal
expressions;
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2. Consider the individual 's values to the extent known or
reasonably ascertainable by the agent or default surrogate; and
3. Consider the risks an d benefits of the potential health care
decision.
E. As soon as reasonably feasible, an agent or default
surrogate who is informed of a revocation of an advance health care
directive or disqualification of the agent or default surrogate
shall communicate the revocation or disqualification to a
responsible health care professional.
SECTION 18. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.17 of Title 63, unless
there is created a duplication in n umbering, reads as follows:
A. Except as provided in subsection C of this section, the
power of an agent or default surrogate commences when the individual
is found under subsection B of Section 4 of this act or by a court
to lack capacity to make a healt h care decision. The power ceases
if the individual later is found to have capacity to make a health
care decision, or the individual objects under subsection C of
Section 5 of this act to the finding of lack of capacity under
subsection B of Section 4 of this act. The power resumes if:
1. The power ceased because the individual objected under
subsection C of Section 5 of this act; and
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2. The finding of lack of capacity is confirmed under paragraph
4 of subsection D of Section 5 of this act or a court finds that the
individual lacks capacity to make a health care decision.
B. An agent or default surrogate may request, receive, examine,
copy, and consent to the disclosure of medical and other health care
information about the individual if the individual would have the
right to request, receive, examine, copy, or consent to the
disclosure of the information.
C. A power of attorney for health care may provide that the
power of an agent under subsection B of this section commences on
appointment.
D. If no other person is authorized to do so, an agent or
default surrogate may apply for public or private health insurance
and benefits on behalf of the individual. An agent or default
surrogate who may apply for insurance and benefits does not, solely
by reason of the power, have a duty to apply for the insurance or
benefits.
E. An agent or default surrogate may not consent to voluntary
admission of the individual to a facility for mental health
treatment unless:
1. Voluntary admission is specifically authori zed by the
individual in an advance health care directive in a record; and
2. The admission is for no more than the maximum of the number
of days specified in the directive.
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F. Except as provided in subsection G of this section, an agent
or default surrogate may not consent to placement of the individual
in a nursing home if the placement is intended to be for more than
one hundred (100) days if:
1. An alternative living arrangement is reasonably feasible;
2. The individual objects to the placement; or
3. The individual is not terminally ill .
G. If specifically authorized by the individual in an advance
health care directive in a record, an agent or default surrogate may
consent to placement of the individual in a nursing home for more
than one hundred (100) days even if:
1. An alternative living arrangement is reasonably feasible;
2. The individual objects to the placement; and
3. The individual is not terminally ill.
SECTION 19. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.18 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. If an individual has a long -term disability requiring
routine treatment by artificial nutrition, hydration, or mechanical
ventilation and a history of using the treatment without objection,
an agent or default surrogate may not consent to withhold or
withdraw the treatment unless:
1. The treatment is not necessary to sustain the individual 's
life or maintain the individual 's well-being;
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2. The individual has expressly authorized the withholding or
withdrawal in a health care instruction that has not been revoked;
or
3. The individual has experienced a major reduction in health
or functional ability from which the individual is no t expected to
recover, even with other appropriate treatment, and the individual
has not:
a. given a direction inconsistent with withholding or
withdrawal, or
b. communicated by verbal or nonverbal expression a
desire for artificial nutrition, hydration, o r
mechanical ventilation.
B. A default surrogate may not make a health care decision if,
under other law of this state, the decision:
1. May not be made by a guardian; or
2. May be made by a guardian only if the court appointing the
guardian specificall y authorizes the guardian to make the decision.
SECTION 20. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.19 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. An individual in a power of attorney for health care may
appoint multiple individuals as co agents. Unless the power of
attorney provides otherwise, each co agent may exercise independent
authority.
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B. An individual in a power of attorney for health care may
appoint one or more individuals to act as alternate agents if a
predecessor agent resigns, dies, becomes disqualified, is not
reasonably available, or otherwise is unwilling or unable to act as
agent.
C. Unless the power of attorney provides otherwis e, an
alternate agent has the same authority as the original agent:
1. At any time the original agent is not reasonably available
or is otherwise unwilling or unable to act, for the duration of the
unavailability, unwillingness, or inability to act; or
2. If the original agent and all other predecessor agents have
resigned or died or are disqualified from acting as agent.
SECTION 21. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.20 of Title 63, unless
there is created a duplication in numbering, reads as follows:
No person shall be authorized under Section 3102.4 of this title
to make health care decisions for a patient if that person:
1. Has been convicted of, pled guilty to, or pled no contes t to
any violation of Section 843.1, 843.2, 843.4 or 843.5 of Title 21 of
the Oklahoma Statutes;
2. Has been found to have committed abuse, verbal abuse or
exploitation, as these terms are defined in Section 10 -103 of Title
43A of the Oklahoma Statutes, b y a final State Department of Health
or Department of Human Services investigative finding or by an
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administrative law judge finding, unless that finding has been
overturned through judicial review; or
3. Has been criminally charged as described in subsec tion B of
Section 10-110.1 of Title 43A of the Oklahoma Statutes, unless the
person has been acquitted or those charges have been finally
dismissed.
SECTION 22. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.21 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. A responsible health care professional who is aware that an
individual has been found to lack capacity to make a decision shall
make a reasonable effort to determine if the individual has a
surrogate.
B. If possible before implementing a health care decision made
by a surrogate, a responsible health care professional , as soon as
reasonably feasible, shall communicate to the individual the
decision made and the identity of the surrogate.
C. A responsible health care professional who makes or is
informed of a finding that an individual lacks capacity to make a
health care decision or no longer lacks capacity, or that other
circumstances exist that affect a health care instruction or the
authority of a surrogate, as soon as reasonably feasible, shall:
1. Document the finding or circumstance in the individual 's
medical record; and
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2. If possible, communicate to the individual and the
individual's surrogate the finding or circumstance and that the
individual may object under subsection C of Section 5 of this act to
the finding under subsection B of Section 4 of this act.
D. A responsible health care professional who is informed that
an individual has created or revoked an advance health care
directive, or that a surrogate for an individual has been appointed,
designated, or disqualified, shall:
1. Document the information as soon as reasonably feasible in
the individual's medical record; and
2. If evidence of the directive, revocation, appointment,
designation, or disqualification is in a record, request a copy and,
on receipt, cause the copy to be included in the individual 's
medical record.
E. Except as provided in subsections F and G of this section, a
health care professional or health care institution providing health
care to an individual shall comply with:
1. A health care instruction given by the individual regarding
the individual's health care;
2. A reasonable interpretation by the individual 's surrogate of
an instruction given by the individual; and
3. A health care decision for the individual made by the
individual's surrogate in accordance with Sections 17 and 18 of this
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act to the same extent as if the decision had been made by the
individual at a time when the individual had capacity.
F. A health care professional or a health care institution may
refuse to provide health care consistent with a health care
instruction or health care decision if:
1. The instruction or decision is contrary to a policy of the
health care institution providing care to the individual that is
based expressly on reasons of conscience and the policy was timely
communicated to the individual or to the individual 's surrogate;
2. The care would require health care that is not available to
the professional or institution; or
3. Compliance with the instruction or decision would:
a. require the professional to provide care that is
contrary to the professional 's religious belief or
moral conviction if other law permits the professional
to refuse to provide care for that reason ,
b. require the professional or institution to provide
care that is contrary to generally accepted health
care standards applicable to the professional or
institution, or
c. violate a court order or ot her law.
G. A health care professional or health care institution that
refuses to provide care under subsection F of this section shall:
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1. As soon as reasonably feasible, inform the individual, if
possible, and the individual 's surrogate of the refusal;
2. Immediately make a reasonable effort to transfer the
individual to another health care professional or health care
institution that is willing to comply with the instruction or
decision; and
3. Either:
a. if care is refused under paragraph 1 or 2 of
subsection F of this section, provide life -sustaining
care and care needed to keep or make the individual
comfortable, consistent with accepted medical
standards to the extent feasible, until a transfer is
made, or
b. if care is refused under paragraph 3 o f subsection F
of this section, provide life -sustaining care and care
needed to keep or make the individual comfortable,
consistent with accepted medical standards, until a
transfer is made or, if the professional or
institution reasonably believes that a transfer cannot
be made, for at least ten (10) days after the refusal.
SECTION 23. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.2 2 of Title 63, unless
there is created a duplication in numberin g, reads as follows:
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A. A guardian may refuse to comply with or revoke the
individual's advance health care directive only if the court
appointing the guardian expressly orders the noncompliance or
revocation.
B. Unless a court orders otherwise, a health care decision made
by an agent appointed by an individual subject to guardianship
prevails over a decision of the guardian appointed for the
individual.
SECTION 24. NEW LAW A new section of law to be codified
in the Oklahoma Statute s as Section 3100.23 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. A health care professional or health care institution acting
in good faith is not subject to civil or criminal liability or to
discipline for unprof essional conduct for:
1. Complying with a health care decision made for an individual
by another person if compliance is based on a reasonable belief that
the person has authority to make the decision, including a decision
to withhold or withdraw health c are;
2. Refusing to comply with a health care decision made for an
individual by another person if the refusal is based on a reasonable
belief that the person lacked authority or capacity to make the
decision;
3. Complying with an advance health care dir ective based on a
reasonable belief that the directive is valid;
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4. Refusing to comply with an advance health care directive
based on a reasonable belief that the directive is not valid,
including a reasonable belief that the directive was not made by the
individual or, after its creation, was substantively altered by a
person other than the individual who created it;
5. Determining that an individual who otherwise might be
authorized to act as an agent or default surrogate is not reasonably
available; or
6. Complying with an individual 's direction under subsection D
of Section 9 of this act.
B. An agent, default surrogate, or individual with a reasonable
belief that the individual is an agent or a default surrogate is not
subject to civil or criminal li ability or to discipline for
unprofessional conduct for a health care decision made in a good
faith effort to comply with Section 17 of this act.
SECTION 25. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 3100.24 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. A person may not:
1. Intentionally falsify, in whole or in part, an advance
health care directive;
2. For the purpose of frustrating the intent of the ind ividual
who created an advance health care directive or with knowledge that
doing so is likely to frustrate the intent:
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a. intentionally conceal, deface, obliterate, or delete
the directive or a revocation of the directive without
consent of the individual who created or revoked the
directive, or
b. intentionally withhold knowledge of the existence or
revocation of the directive from a responsible health
care professional or health care institution providing
health care to the individual who created or revo ked
the directive;
3. Coerce or fraudulently induce an individual to create,
revoke, or refrain from creating or revoking an advance health care
directive or a part of a directive; or
4. Require or prohibit the creation or revocation of an advance
health care directive as a condition for providing health care.
B. An individual who is the subject of conduct prohibited under
subsection A of this section, or the individual 's estate, has a
cause of action against a person that violates subsection A of this
section for statutory damages of Twenty-five Thousand Dollars
($25,000.00) or actual damages resulting from the violation,
whichever is greater.
C. Subject to subsection D of this section, an individual who
makes a health care instruction, or the individua l's estate, has a
cause of action against a health care professional or health care
institution that intentionally violates Section 22 of this act for
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statutory damages of Fifty Thousand Dollars ($50,000 .00) or actual
damages resulting from the violation, whichever is greater.
D. A health care professional who is an emergency medical
responder is not liable under subsection C of this section for a
violation of subsection E of Section 22 of this act if:
1. The violation occurs in the course of providing ca re to an
individual experiencing a health condition for which the
professional reasonably believes the care was appropriate to avoid
imminent loss of life or serious harm to the individual;
2. The failure to comply is consistent with accepted standards
of the profession of the professional; and
3. The provision of care does not begin in a health care
institution in which the individual resides or was receiving care.
E. In an action under this section, a prevailing plaintiff may
recover reasonable attorne y fees, court costs, and other reasonable
litigation expenses.
F. A cause of action or remedy under this section is in
addition to any cause of action or remedy under other law.
SECTION 26. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 3100.2 5 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. A physical or electronic copy of an advance health care
directive, revocation of an advance health care directive, or
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appointment, designation, or disqualification of a surrogate has the
same effect as the original.
B. An individual may create a certified physical copy of an
advance health care directive or revocation of an advance health
care directive that is in electronic form by affirming under penalty
of perjury that the physical copy is a complete and accurate copy of
the directive or revocation.
SECTION 27. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.2 6 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. On petition of an individual, the individual 's surrogate, a
health care professional or health care institution providing health
care to the individual, or a person interes ted in the welfare of the
individual, the court may:
1. Enjoin implementation of a health care decision made by an
agent or default surrogate on behalf of the individual, on a finding
that the decision is inconsistent with Section 17 or 18 of this act;
2. Enjoin an agent from making a health care decision for the
individual, on a finding that the individual 's appointment of the
agent has been revoked or the agent:
a. is disqualified under subsection B of Section 8 of
this act,
b. is unwilling or unable to comply with Section 17 of
this act, or
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c. poses a danger to the individual 's well-being;
3. Enjoin another individual from acting as a default
surrogate, on a finding that the other individual acting as a
default surrogate did not comply with Section 12 of this act or the
other individual:
a. is disqualified under Section 14 of this act,
b. is unwilling or unable to comply with Section 17 of
this act, or
c. poses a danger to the first individual 's well-being; or
4. Order implementation of a health care decision made:
a. by and for the individual, or
b. by an agent or default surrogate who is acting i n
compliance with the powers and duties of the agent or
default surrogate.
B. In this act, advocacy for the withholding or withdrawal of
health care or mental health care from an individual is not itself
evidence that an agent or default surrogate, or a potential agent or
default surrogate, poses a danger to the individual 's well-being.
C. A proceeding under this section is governed by Sections 2-
101 et seq. and 3-101 et seq. of Title 30 of the Oklahoma Statutes.
SECTION 28. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.2 7 of Title 63, unless
there is created a duplication in numbering, reads as fo llows:
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A. This act does not authorize mercy killing, assisted suicide,
or euthanasia.
B. This act does not affect other law of this state governing
treatment for mental illness of an individual involuntarily
committed to a mental health care institution under Section 5-410 et
seq. of Title 43A of the Oklahoma Statutes.
C. Death of an individual caused by withholding or withdrawing
health care in accordance with this act does not constitute a
suicide or homicide or legally impair or invalidate a policy of
insurance or an annuity providing a death benefit, notwithstanding
any term of the policy or annuity.
D. This act does not create a presumption concerning the
intention of an individual who has not created an advance health
care directive.
E. An advance health care directive created before, on, or
after the effective date of this act must be interpreted in
accordance with law of this state, excluding the state 's choice of
law rules, at the time the directive is implemented.
SECTION 29. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.2 8 of Title 63, unless
there is created a duplication in numbering, reads as follows:
In applying and construing this uniform act, a court shall
consider the promotio n of uniformity of the law among jurisdictions
that enact it.
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SECTION 30. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100.2 9 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. An advance health care directive created before the
effective date of this act is valid if it complies with this act or
complied at the time of creation with the law of the state in which
it was created.
B. This act does not affect the val idity or effect of an act
done before the effective date of this act.
C. An individual who assumed authority to act as default
surrogate before the effective date of this act may continue to act
as default surrogate until the individual for whom the defau lt
surrogate is acting has capacity or the default surrogate is
disqualified, whichever occurs first.
SECTION 31. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3100. 30 of Title 63, unless
there is created a duplication in numbering, reads as follows:
This act applies to an advance health care directive created
before, on, or after the effective date of this act.
SECTION 32. REPEALER 63 O.S. 2021, Sections 3101.1,
3101.2, 3101.3, 3101.4, 3101.5, 3101.6, 3101.7, 3101.8, 3101.9,
3101.10, 3101.11, 3101.12, 3101.13, 3101.14, 3101.15, and 3101.16,
are hereby repealed.
SECTION 33. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 26th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate