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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2013 By: Pae
AS INTRODUCED
An Act relating to sudden unexpected death in
epilepsy (SUDEP); creating Dylan 's Law; providing
insurance coverage for individuals diagnosed with
epilepsy; prohibiting refusal of coverage or renewal
based on epilepsy diagnoses; mandating coverage for
seizure protection; authorizing Service Oklahoma to
create certain driver licenses for people diagnosed
with epilepsy; prescribing the use of a u nique
symbol; making the use of the symbol voluntary;
amending 63 O.S. 2021, S ection 1-106, as amended by
Section 1, Chapter 85, O.S.L. 2022 (63 O.S. Supp.
2024, Section 1-106), which relates to State
Commissioner of Health, qualifications, and powers
and duties; adding a power and duty to the
Commissioner of Health; amending 63 O.S. 2021,
Section 1-118, which relates to the creation of
Division of Health Care Information, duties, rules,
contracts, grants, and contributions; adding a duty
to the Division of Health Care Information; amending
63 O.S. 2021, Section 934, which relates to
appointment and qualifications of examiner; directing
the Chief Medical Examiner to provide information
about sudden unexpected death in epilepsy; amending
63 O.S. 2021, Section 945, which relates to person to
perform autopsy, extent, report of findings, and
records request; requiring an investigation and
determination of sudden unexpected death in epilepsy
of an individual with a history of seizures;
requiring certain notations on death certificates;
requiring certain reporting; providing for
noncodification; providing for codification; and
providing an effective date .
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as "Dylan's Law."
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6060 .31 of Title 36, unless
there is created a duplication in numbering, reads as follows:
A. All individual and group health insurance policies , issued
pursuant to provisions of the Patient Protection and Affordable Care
Act, 42 U.S. Code Chapter 157, that p rovide medical and surgical
benefits shall provide the same coverage and benefits to any
individual who has been diagnosed with epilepsy as it would provide
coverage and benefits to an individual who has not been diagnosed
with epilepsy.
B. No insurer, subject to the Affordable Care Act , shall
terminate coverage or refuse to renew an individual's health
insurance coverage solely based upon the individual 's diagnosis of
epilepsy.
C. To reduce the risk of death from sudden unexpected death in
epilepsy (SUDEP), all individual and group health insurance policies
that provide medical and surgical benefits , pursuant to the
Affordable Care Act, shall provide coverage for seizure protection
devices if prescribed by a physician who is a specialist in the
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treatment of epilepsy and it is determined by such physician that
such devices are medic ally necessary.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6 -130 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. 1. Effective June 1, 2026, Service Oklahoma shall permit a
driver license or state identification cardholder to voluntarily
designate with the placement of a unique symbol that the person has
been diagnosed with epilepsy by a licensed physician. The
designation shall be used by a law e nforcement officer or an
emergency medical professional to identify and effectively
communicate with a person who has been diagnosed with epilepsy and
shall not be used for any o ther purpose by any other person.
2. The cardholder may choose whether the voluntary designation
indicating that a person has been diagnosed with epilepsy , pursuant
to paragraph 1 of this subsection , shall be displayed on the driver
license or identificat ion card or in the Oklahoma Law Enforcement
Telecommunications System (OLETS) in accordance with procedures
prescribed by Service Oklahoma. A holder of a driver license or
identification card who makes a voluntary designation pursuant to
this section shall have the opportunity to remove the designation at
any time.
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SECTION 4. AMENDATORY 63 O.S. 2021, Section 1 -106, as
amended by Section 1, Chapter 85, O.S.L. 2022 (63 O.S. Supp. 2024,
Section 1-106), is amended to read as follows:
Section 1-106. A. The State Commissioner of Health shall serve
at the pleasure of the Governor, and shall have skill and experience
in public health duties and sanitary sciences and shall meet at
least one of the following qualifications:
1. Possession of a Doctor of Medicine Degree and a license to
practice medicine in this state;
2. Possession of an Osteopathic Medicine Degree and a license
to practice medicine in this state;
3. Possession of a Doctoral degree in Public Health or Public
Health Administration; or
4. Possession of a Master of Science Degree and a minimum of
five (5) years of supervisory experience in the administration of
health services.
B. The Commissioner shall be exempt from all qualifications
enumerated in subsection A of this se ction if the Commissioner
possesses at least a master 's degree and has experience in
management of state agencies or large projects.
C. The Commissioner shall have the following powers and duties,
unless otherwise directed by the Governor:
1. Have general supervision of the health of the citizens of
the state; make investigations, inquiries and studies concerning the
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causes of disease and injury, and especially of epidemics, and the
causes of mortality, and the effects of localities, employment,
conditions and circumstances on the public health; investigate
conditions as to health, sanitation and safety of schools, prisons,
public institutions, mines, public conveyances, camps, places of
group abode, and all buildings and places of public resort, and
recommend, prescribe and enforce such measures of health, sanitation
and safety for them as the Commissioner deems advisable; take such
measures as deemed necessary by the Commissioner to control or
suppress, or to prevent the occurrence or spread of, any
communicable, contagious or infectious disease, and provide for the
segregation and isolation of persons having or suspected of having
any such disease; designate places of quarantine or isolation;
advise state and local governments on matters pertaining to hea lth,
sanitation and safety; and abate any nuisance affecting injuriously
the health of the public or any community. Any health information
or data acquired by the Commissioner from any public agency, which
information or data is otherwise confidential by state or federal
law, shall remain confidential notwithstanding the acquisition of
this information by the Commissioner.
2. Be the executive officer and supervise the activities of the
State Department of Health, and act for the Department in all
matters except as may be otherwise provided in this Code; administer
oaths at any hearing or investigation conducted pursuant to this
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Code; and enforce rules and standards adopted by the Commissioner.
All rules adopted by the Commissioner are subject to the terms and
conditions of the Administrative Procedures Act.
3. Appoint an Assistant State Commissioner of Health and fix
the qualifications, duties and compensation of the Assistant State
Commissioner of Health; and employ, appoint and contract with, and
fix the qualifications, duties and compensation of, such other
assistants, doctors, engineers, attorneys, sanitarians, nurses,
laboratory personnel, administrative, clerical and technical help,
investigators, aides and other personnel and help, either on a full -
time, part-time, fee or contractual basis, as shall be deemed by the
Commissioner necessary, expedient, convenient or appropriate to the
performance or carrying out of any of the purposes, objectives or
provisions of this Code, or to assist the Commissione r in the
performance of official duties and functions.
4. Cause investigation s, inquiries and inspections to be made,
and hold hearings and issue orders pursuant to the provisions of the
Administrative Procedures Act, to enforce and make effective the
provisions of this Code, and all rules and standards adopted by the
Commissioner pursuant to law and the Commissioner or the
representative of the Commissioner shall have the right of access to
any premises for such purpose at any reasonable time, upon
presentation of identification.
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5. Authorize persons in the State Department of Hea lth to
conduct investigations, inquiries and hearings, and to perform other
acts that the Commissioner is authorized or required to conduct or
perform personally.
6. Except as otherwise provided by law, all civil and criminal
proceedings under this Code shall be initiated and prosecuted by the
district attorney where the violation takes place.
7. Issue subpoenas for the attendance of witnesses and the
production of books and rec ords at any hearing to be conducted by
the Commissioner; and if a person disob eys any such subpoena, or
refuses to give evidence before, or to allow books and records to be
examined by, the Commissioner after such person is directed to do
so, the Commissioner may file a contempt proceeding in the district
court of the county in which the premises involved are situated, or,
if no premises are involved, of the county in which such person
resides or has a principal place of business, and a judge of such
court, after a trial de novo, may punish the offending person for
contempt.
8. Unless otherwise required by the terms of a federal grant,
sell, exchange or otherwise dispose of personal property that has
been acquired by the State Department of Health, or any o f its
components, when such property becomes obsolete or is no longer
needed; any money derived therefrom shall be deposited in the Public
Health Special Fund.
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9. Sell films, educational materials, biological products and
other items produced by the State Department of Health; and all
proceeds therefrom shall be deposited in the Pu blic Health Special
Fund.
10. Revoke or cancel, or suspend for any period up to one (1)
year, any license or permit issued under or pursuant to this Code,
or by the Commissioner , when the Commissioner determines that ground
therefor as prescribed by this Code exists, or that the holder of
such license or permit has violated any law, or any of the
provisions of this Code, or any rules or standards of the
Commissioner filed with th e Secretary of State, but the Commissioner
shall first afford the holder an op portunity to show cause why the
license or permit should not be revoked, canceled or suspended,
notice of such opportunity to be given by certified United States
Mail to the holder of the license or permit at the last -known
address of such holder.
11. Accept, use, disburse and administer grants, allotments,
gifts, devises, bequests, appropriations and other monies and
property offered or given to the State Department of Health, o r any
component or agency thereof, by any agency of the federal
government, or any corporation or individual.
12. Be the official agency of the State of Oklahoma in all
matters relating to public health which require or authorize
cooperation of the State of Oklahoma with the federal government or
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any agency thereof; coordinate the activities of the State
Department of Health with those of the federal government or any
department or agency thereof, and with other states, on matters
pertaining to public heal th, and enter into agreements for such
purpose, and may accept, use, disburse and administer, for the
office of the Commissioner or for the State Department of Health,
for any purpose designated and on the terms and conditions thereof,
grants of money, per sonnel and property from the federal government
or any department or agency thereof, or from any state or state
agency, or from any other source, to promote and carry on in this
state any program relating to the public health or the control of
disease, and enter into agreements for such purposes.
13. The State Commissioner of Healt h may appoint commissioned
peace officers, certified by the Council on Law Enforcement
Education and Training, to investigate violations of the Public
Health Code and to provide security to Department facilities.
14. Pursuant to Section 2 of this act, the State Commissioner
of Health shall appoint a Chief Medical Officer who reports directly
to the State Commissioner of Health.
15. The State Commissioner of Health shall, in cons ultation
with local and national organizations that provide education or
services related to epilepsy conditions, provide guidance to medical
doctors, osteopathic physicians, nurse practitioners, and physician
assistants who have the primary responsibility for treatment of a
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person with epilepsy to assist in determining whether a patient is
at elevated risk for sudden unexpected death in epilepsy (SUDEP),
including, but not limited to, whether the patient has had
convulsive seizures, the frequency and recen cy of such seizures, and
whether the patient's symptoms have subsided in respo nse to
medicinal or surgical treatment.
SECTION 5. AMENDATORY 63 O.S. 2021, Section 1 -118, is
amended to read as follows:
Section 1-118. A. The Division of Health Care Information is
hereby created within the State Department of Health.
B. The Division shall:
1. Collect from providers health care information for which the
Division has established a defined purpose and a demonstrated
utility that is consistent with the intent of the provisions of
Section 1-117 et seq. of this ti tle;
2. Establish and maintain a uniform health care information
system;
3. Analyze health care data submitted including, but not
limited to, geographic mapping of disease enti ties;
4. Provide for dissemination of health care data to users and
consumers;
5. Provide for the training and education of information
providers regarding processing and maintenance and methods of
reporting required information;
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6. Be authorized to acc ess all state agency health -related data
sets and shall develop mechanisms for the receipt of health care
data to the Division or its agent; provided, however, all provisions
for confidentiality shall remain in place;
7. Provide for the exchange of inform ation with other agencies
or political subdivisions of this state, the federal government or
other states, or agencies thereof. The Division shall collaborate
with county health departments, including the Oklahoma City -County
Health Department and the Tul sa City-County Health Department, in
developing city-county based health data sets;
8. Contract with other public or private entities for the
purpose of collecting, processing or disseminating health care data;
and
9. Build and maintain the data base ; and
10. In an effort to reduce deaths from sudden unexpected death
in epilepsy (SUDEP), develop an information program in the Injury
Prevention Service to be disseminated to the public and licensed
medical professionals to notify individuals with epilepsy o f the
danger of SUDEP; and encourage the American Medical Association to
add a Current Procedural Terminology (CPT) Code for epilepsy
education by a medical service professional .
C. 1. The State Board of Health shall adopt rules governing
the acquisition, compilation and dissemination of all data collected
pursuant to the Oklahoma Health Care Information System Act.
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2. The rules shall include, but not be limited to:
a. adequate measures to provide system security for all
data and information acquired pur suant to the Oklahoma
Health Care Information System Act,
b. adequate procedures to ensure confidentiality of
patient records,
c. charges for users for the cost of data preparation for
information that is beyond the routine data
disseminated by the office, and
d. time limits for the submission of data by information
providers.
D. The Division shall adopt standard nationally recognized
coding systems to ensure quality in receiving and processing data.
E. The Division shall implement mechanisms to encrypt a ll
personal identifiers contained in any health care data upon
transmission to the State Department of Health, and all such data
shall remain encrypted while maintained in the Department 's database
or while used by a contractor.
F. The Division may contra ct with an organization for the
purpose of data analysis. Any contract or renewal thereof shall be
based on the need for, and the feasibility, cost and performance of,
services provided by the organization. The Division shall require
any data analyzer at a minimum to:
1. Analyze the information;
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2. Prepare policy-related and other analytical reports as
determined necessary for purposes of this act; and
3. Protect the encryption and confidentiality of the data.
G. The Board shall have the authority to set fees and charges
with regard to the collection and compilation of data requested for
special reports, and for the dissemination of data. These funds
shall be deposited in the Oklahoma Health Care Information System
Revolving Fund account.
H. The Division may accept grants or charitable contributions
for use in carrying out the functions set forth in the Oklahoma
Health Care Information System Act from any source. These funds
shall be deposited in the Oklahoma Health Care Information System
Revolving Fund.
SECTION 6. AMENDATORY 63 O.S. 2021, Section 934, is
amended to read as follows:
Section 934. The Board of Medicolegal Investigations shall
appoint a Chief Medical Examiner who shall be a physician licensed
to practice in Oklahoma and a Diplomate of the American Board of
Pathology or the American Oste opathic Board of Pathology in forensic
pathology. The Chief Medical Examiner shall serve at the pleasure
of the Board. The Chief Medical Examiner shall provide to all
employees of the Chief Medical Examiner 's Office and licensed
medical professionals authorized by law to sign death certificates,
information about sudden unexpected death in epilepsy (SUDEP). In
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addition to the duties prescribed by law, the Chief Medical Examiner
may teach in any educational capacity.
SECTION 7. AMENDATORY 63 O.S. 2021, Section 945, is
amended to read as follows:
Section 945. A. When properly authorized, an autopsy shall be
performed by the Chief Medical Examiner or suc h person as may be
designated by him or her for such purpose. The Chief Medical
Examiner or a person designated by him or her may authorize arterial
embalming of the body prior to the autopsy when such embalming would
in his or her opinion not interfere w ith the autopsy. The extent of
the autopsy shall be made as is deemed necessa ry by the person
performing the autopsy.
B. A full and complete report of the facts developed by the
autopsy together with the findings of the person making it shall be
prepared and filed in the Office of the Chief Medical Examiner
without unnecessary delay. Copies of such reports and findings
shall be furnished to district attorneys and law enforcement
officers making a criminal investigation in connection with the
death.
C. Upon receiving a written, signed and dated records request,
a copy of the full and complete report of the facts developed by the
autopsy, together with the findings of the person making the report,
shall be released by the Office of the Chief Medical Examin er to the
public in the most expedient manner available or as requested by the
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records requester and, under the following conditions, shall be
furnished to:
1. District attorneys and any law enforcement agency with
authority to make a criminal investigati on in connection with the
death; provided, such copies shall not be shared wit h any other
entity unless otherwise provided by law;
2. The spouse of the deceased or any person related within two
(2) degrees of consanguinity to the deceased, unless the dist rict
attorney or law enforcement agency making a criminal investigation
objects to the release of documents to any family member. District
attorneys and law enforcement agencies shall be prohibited from
objecting to the release of the full and complete au topsy report to
the family if the decedent was in state custody, in custody of law
enforcement or is deceased due to lethal action of a law enforcement
officer; and
3. Any insurance company conducting an insurer 's investigation
of any insurance claim aris ing from the death of the individual upon
whom the autopsy was performed.
D. The full and complete report of the facts developed by the
autopsy, together with the findings of the person making the report,
shall be withheld from public inspection and copyi ng for ten (10)
business days following the date the report is generated by th e
Office of the Chief Medical Examiner, except as provided for in
subsection C of this section.
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E. The Office of the Chief Medical Examiner shall produce a
summary report of inv estigation by the medical examiner at the same
time the full and complete report of the facts developed by the
autopsy, together with the findings of the person making the report,
is released to the parties listed in subsection C of this section.
The summary report of investigation shall be made available for
public inspection and copying without delay. Any person may obtain
a copy of the summary report of investigation in the most expedient
manner available or as requested by the records requester.
F. The summary report of investigation shall include, but not
be limited to, the following information, if known:
1. Decedent name, age, birth date, race, sex, home address,
examiner notified by name and title and including date and time,
location where deced ent was injured or became ill, including name of
facility, address, city, coun ty, type of premises, date and time;
location of death including name of facility, city, county, type of
premises, date and time, and location body was viewed by medical
examiner including address, city, county, type of premises and date
and time;
2. If the death was a motor vehicle accident, whether the
decedent was the driver, passenger or pedestrian, and the type of
vehicle involved in the accident;
3. A description of the bo dy, including but not limited to the
external physical examination, rigor, liv or, external observations
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including hair, eye color, body length and weight, and other
external observations, as well as the presence and location of
blood; and
4. The probable cause of death, other significant conditions
contributing to the death but not resulting in the underlying cause
given, manner of death, case disposition, case number, and name and
contact information of the medical examiner performing the autopsy,
including a signature and certification statement that the facts
contained in the rep ort are true and correct to the best of their
knowledge and the date the report was signed and generated.
G. At the conclusion of the ten (10) business -day-period, the
full and complete report shall be made available as a public record
except when a district attorney or law enforcement agency with
authority to make a criminal investigation in connection with the
death declares that the full and complete report contains
information that would materially compromise an ongoing criminal
investigation. Such de claration shall be in writing to the Office
of the Medical Examiner and be an open record available from the
Office of Medical Examiner.
1. Upon such declaration, the district a ttorney or law
enforcement agency shall request from the appropriate district court
a hearing for an extension of time during which the full and
complete autopsy report, not including information in the summary
report, may be withheld.
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2. When a request f or an extension of time has been filed with
the court, the full and complete a utopsy report in question may be
withheld until the court has issued a ruling on the requested
extension of time to release the autopsy report. Such requests for
an extension of time during which the autopsy may be withheld shall
be made on the grounds that release of the full and complete autopsy
report will materially compromise an ongoing criminal investigation.
3. Courts considering such requests shall conduct a hearing and
consider whether the interests of the public outweigh the interests
asserted by the district attorney or law enforcement agency.
4. If an extension of time is granted by the court, the initial
extension shall be ordered by the court for a period of six (6 )
months. Subsequent extensions shall only be ordered after a hearing
by the court for an additional one year and cumulative time
extensions shall not exceed more than four (4) years and six (6)
months; provided, under no circumstance shall an extension o f time
be granted by the court if the deceased person was in state custody,
in custody of law enforcement or was deceased due to lethal action
of a law enforcement officer.
5. In the event that six (6) months have expired from the date
of the initial release of the autopsy report without any person
being criminally charged in the case in question and release of the
autopsy or portions of the autopsy have been denied on the grounds
of materially compromising a criminal investigation, an appeal of
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such denial may be made to the appropriate district court. Courts
considering appeals f or temporarily withholding an autopsy report
shall conduct a hearing and consider whether the interests of the
public outweigh the interests asserted by the district attorney or
law enforcement agency. In response to such appeals, the district
court shall order that the autopsy report be made available for
public inspection and copying with no redaction, or shall order an
extension of time during which the autopsy report may be w ithheld
under the provisions of this section.
6. Any court order obtained pur suant to this subsection shall
be served upon the Office of the Chief Medical Examiner by the party
requesting or granted the extension by the court.
H. An order granting an ext ension of time shall be applicable
to the autopsy report for the duration of the extension; provided,
each subsequent time extension shall only be ordered by the district
court for an additional twelve -month period of time or less and
cumulative time exten sions shall not exceed four (4) years and six
(6) months; provided, charges be ing filed against a person in the
case in question or an autopsy report being entered into evidence as
part of a criminal prosecution nullifies any granted extension of
time.
I. The opportunities to withhold an autopsy report or portions
of an autopsy report provided in this section shall expire in
totality four (4) years and six (6) months after the date the
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autopsy report was generated, at which time the autopsy report
previously withheld on the grounds provided for in this section
shall be made availabl e for public inspection and copying.
J. Nothing in this section shall prohibit a district attorney
or law enforcement agency with authority to make a criminal
investigation in connection with the death from immediately
releasing portions of information contained in the full and complete
autopsy report for the purposes of assisting with the criminal
investigation or apprehension of any person involved in a criminal
act that resulted in the death of another person.
K. After ten (10) business days from the r elease of the full
and complete report, nothing in this section shall prohibit the
spouse of the deceased or any person related within two (2) degrees
of consanguinity to the dec eased who has received a copy of the full
and complete autopsy report from the Office of the Chief Medical
Examiner from authorizing the Office of the Chief Medical Examiner 's
office to release the full and complete autopsy report to any other
person subject to approval by the court.
L. When an autopsy of the body is conducted of a deceased human
who has epilepsy or a history of seizures , the report shall include
an investigation and determination as to whether the deceased
suffered a sudden unexpected dea th in epilepsy (SUDEP). In the
event the deceased did suffer a sudden unexpected death in epilepsy,
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such information shall be noted on the death certificate and be
reported to the North American SUDEP Registry (NASR).
SECTION 8. This act shall become effective November 1, 2025.
60-1-11668 TJ 12/16/24