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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2884 By: Chapman
AS INTRODUCED
An Act relating to parental rights in health care;
establishing parental rights to be present in their
minor child's health care consult ations; providing
for parental abuse exception; authorizing Attorney
General enforcement; providing for certain relief;
removing all immunity; amending 12 O.S. 2021, Section
2503, which relates to physician and psychotherapist
patient privilege; clarifying that a minor cannot
refuse to disclose information to their parent or
legal guardian; amending 59 O.S. 2021, Section 1910,
which relates to disclosure of confidential
information, privileges, and testimony in hearings;
clarifying that the parent or legal guardian's
consent is required; amending 59 O.S. 2021, Section
1939, which relates to disclosure of information and
exceptions; clarifying that the parent or legal
guardian's consent is required; amending 63 O.S.
2021, Section 2602, which relates to right of self-
consent under certain conditions and doctor -patient
privileges; modifying when minors can consent without
a parent or legal guardian; 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 2610 of Title 63, unless there
is created a duplication in numbering, reads as follows:
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A. Notwithstanding any other provision of law, a parent of a
minor child under eighteen (18) years of age has a right to be
present during any meeting or consultation between a health
professional and the parent 's minor child under eighteen (18) years
of age and to be provided, within a reason able time and at a
reasonable cost, copies of any records of services provided by a
health professional to the parent 's minor child. Provided, however,
that a parent shall not be entitled to be present during such a
meeting or consultation, or to access s uch records, when the health
professional has been made aware of an allegation of parental child
abuse, child neglect, or battery.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2610.1 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Whenever the Attorney General has received a complaint from
a parent claiming a violation of this act, the Attorney General
shall, in the Attorney General 's discretion, bring suit for any
violation of this act.
B. An action under this act may be bro ught, and relief may be
granted, without regard to whether the person bringing the action
has sought or exhausted available administrative remedies.
C. Any person who successful ly asserts a claim or defense under
this act may recover declaratory relief, injunctive relief, nominal
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damages, compensatory damages , reasonable attorney fees and costs,
and any other appropriate relief.
D. Sovereign, governmental, and qualified immuniti es to
lawsuits and from liability are waived and abolished to the extent
of liability created by this act.
SECTION 3. AMENDATORY 12 O.S. 2021, Section 2503, is
amended to read as follows:
Section 2503. A. As used in this section :
1. A "patient" is a person who consults or is examined or
interviewed by a physician or psychotherapist;
2. A "physician" is a person authorized to practice medicine in
any state or nation, or reasonably believed by the patient to be so
authorized;
3. A "psychotherapist" is:
a. a person authorized to practice medicine in any st ate
or nation, or reasonably believed by the patient to be
so authorized, while engaged in the diagnosis or
treatment of a mental or emotional condition,
including alcohol or dru g addiction, or
b. a person licensed or certified as a psychologist under
the laws of any state or nation, or reasonably
believed by the patient to be so licensed or
certified, while similarly engaged; and
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4. A communication is "confidential" if not intended to be
disclosed to third persons parties, except persons parties present
to further the interest of the patient in the consultation,
examination or interview, persons parties reasonably necessary for
the transmission of the communication, or person parties who are
participating in the diagnosis and treatment under the direction of
the physician or psychotherapist, including members of the patient 's
family.
B. A patient has a privilege to refuse to disclose and to
prevent any other person party from disclosing confidential
communications made for the purpose of diagnosis or treat ment of the
patient's physical, mental or emotional condition, including alcohol
or drug addiction, among the patient, the patient 's physician or
psychotherapist, and persons parties who are participating in the
diagnosis or treatment under the direction of the physician or
psychotherapist, including members of the patient 's family, except
that a minor child under eighteen (18) years of age has no privilege
to refuse to disclose o r to prevent any other person from disclosing
such confidential communications to the minor child's parent or
legal guardian.
C. The privilege may be claimed by the patient, the patient 's
guardian or conservator or the personal representative of a decease d
patient. The person who was the physician or psychotherapist at the
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time of the communication is presumed to have authority to claim the
privilege but only on behalf of the patient.
D. The following shall be exceptions to a claim of privilege:
1. There is no privilege under this section for communications
relevant to an issue i n proceedings to hospitalize the patient for
mental illness, if the psychotherapist in the course of diagnosis or
treatment has determined that the patient is in need of
hospitalization;
2. Communications made in the course of a court -ordered
examination of the physical, mental or emotional condition of a
patient, whether a party or a witness, are not privileged under this
section when they relate to the particular purpose for wh ich the
examination is ordered unless the court orders otherwise;
3. The privilege under this Code code as to a communication
relevant to the physical, mental or emotional condition of the
patient in any proceeding in which the patient relies upon that
condition as an element of the patient 's claim or defense or, after
the patient's death, in any proceeding in which any party relies
upon the condition as an element of the party 's claim or defense is
qualified to the extent that an adverse party in the proc eeding may
obtain relevant information regarding the condition by statutory
discovery;
4. When the patient is an inmate in the custody of the
Department of Corrections or a private prison or facility under
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contract with the Department of Corrections, and the release of the
information is necessary:
a. to prevent or lessen a serious and imminent threat to
the health or safety of any person, or
b. for law enforcement authorities to identify or
apprehend an individual where it appears from all the
circumstances that the individual has escaped from a
correctional institution or from law ful custody; or
5. A minor child under eighteen (18) years of age has no
privilege to refuse to disclose or to prevent any other person from
disclosing communications otherwise confidential under this section
to the minor child's parent or legal guardian; or
6. The testimonial privilege created pursuant to this section
does not make communications confidential where state and federal
privacy law would otherwise permit disclosure .
SECTION 4. AMENDATORY 59 O.S. 2021, Section 1910, is
amended to read as follows:
Section 1910. A. No person licensed pursuant to the provisions
of the Licensed Professional Counselors Act shall knowingly and
willfully disclose any information the licensee may have acquired
from persons consulting the licensee in his or her professional
capacity as a professional counselor or be compelled to disclose
such information except:
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1. With the written consent of the client, or, except under the
circumstances described in paragraph 2 of this subsection, if the
client is less than eighteen (18) years of age, with the written
consent of the client 's parent or legal guardian, or in the case of
death or disability of the client, the consent of his or her
personal representative or other person authorized to sue or the
beneficiary of any insurance policy on his or her life, health or
physical condition;
2. If the person is a child under the age of eighteen (18)
years of age and the information acquired by the licensed person
indicated that the child was the victim or subject of a crime, the
licensed person may be required to testify fully in relation thereto
upon an examination, trial or other proceeding in which the
commission of such a crim e is a subject of inquiry;
3. If the client waives the privilege by bringing charges
against the licensed person;
4. When failure to disclose such information presents a danger
to the health of any person; or
5. If the licensed professional counselor is a party to a
civil, criminal or disciplinary action arising from such therapy , in
which case any waiver of the privilege accorded by this section
shall be limited to that action.
B. No information shall be treated as privileged and there
shall be no privileges created by the Licensed Professional
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Counselors Act as to any information acquired by the person licensed
pursuant to the Licensed Professional Counselors Act when such
information pertains to criminal acts or violation of any law.
C. The Licensed Professional Counselors Act shall not be
construed to prohibit any licensed pe rson from testifying in court
hearings concerning matters of adoption, child abuse, child neglect,
battery or matters pertaining to the welfare of children or from
seeking collaboration or consultation with professional colleagues
or administrative superiors on behalf of this client.
SECTION 5. AMENDATORY 59 O.S. 2021, Section 1939, is
amended to read as follows:
Section 1939. A. No person licensed purs uant to the provisions
of the Licensed Behavioral Practitioner Act shall discl ose any
information the licensee may have acquired from persons consulting
the licensee in the licensee 's professional capacity as a behavioral
practitioner or be compelled to di sclose such information except:
1. With the written consent of the client, or, except under the
circumstances described in paragraph 2 of this subsection, if the
client is less than eighteen (18) years of age, with the written
consent of the client 's parent or legal guardian, or in the case of
death or disability of the client, the consent of the client 's
personal representative or other person authorized to sue or the
beneficiary of any insurance policy on the client 's life, health, or
physical condition;
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2. If the client is a child under the age of eighteen (18)
years of age and the information acquired by the licensed person
indicated that the child was the victim or subject of a crime, the
licensed person may be required to testify fully in relation th ereto
upon an examination, trial, or other proceeding in which the
commission of such a crime is a subject of the inquiry;
3. If the client waives the privilege by bringing charges
against the licensed person;
4. When failure to disclose such information presents a danger
to the health of any person; or
5. If the licensed behavioral practitioner is a party to a
civil, criminal, or disciplinary action arising from such therapy,
in which case any waiver of the privilege accorded by this section
shall be limited to that action.
B. No information shall be treated as privileged and th ere
shall be no privileges created by the Licensed Behavioral
Practitioner Act as to any information acquired by the person
licensed pursuant to the Licensed Behavioral Practitio ner Act when
such information pertains to criminal acts or violation of any law.
C. The Licensed Behavioral Practitioner Act shall not be
construed to prohibit any licensed person from testifying in court
hearings concerning matters of adoption, child abu se, child neglect,
battery, or matters pertaining to the welfare of children o r from
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seeking collaboration or consultation with professional colleagues
or administrative superiors on behalf of this client.
SECTION 6. AMENDATORY 63 O.S. 2021, Section 2602, is
amended to read as follows:
Section 2602. A. Notwithstanding any other provision of law,
the Except as provided in this section, health professionals may not
provide services to a minor without the consent of a parent or lega l
guardian. Except as provided in this section, a parent or legal
guardian shall have the right to be present during any meeting or
consultation with a health professional. The following minors may
consent to have services provided by health professional s in the
following cases:
1. Any minor who is married, has a dependent child or is
emancipated;
2. Any minor who is separated from his parents or legal
guardian for whatever reason and is not supported by his parents or
guardian;
3. Any minor who is or has been pregnant, afflicted with any
reportable communicable disease, drug an d substance abuse or abusive
use of alcohol; provided, however, that such self -consent only
applies to the prevention, diagnosis and treatment of those
conditions specified in th is section. Any health professional who
accepts the responsibility of providing such health services also
assumes the obligation to provide counseling for the minor by a
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health professional. If the minor is found not to be pregnant nor
suffering from a communicable disease nor drug or substance abuse
nor abusive use of alcohol, th e health professional shall not reveal
any information whatsoever to the spouse, parent or legal guardian,
without the consent of the minor Provided, however, this section
shall not be construed to authorize any health professional to
provide any abortion -related services to a minor, including
counseling or referrals to another health professional for the
purpose of procuring an abortion ;
4. Any minor parent as to his or her child;
5. Any spouse of a minor when the minor is unable to give
consent by reason of physical or mental incapacity;
6. Any minor who by reason of physical or mental capacity
cannot give consent and has no known relatives or legal guardian who
are known or discoverable by the health professional through
reasonably diligent inquiry , if two physicians agree on the health
service to be given;
7. Any minor in need of emergency services for conditions which
will endanger his health or life involve a substantial risk of
permanent damage to his or her physical health or death if delay
would result by obtaining consent from his or her spouse, parent or
legal guardian; provided, however, that the prescribing of any
medicine or device for the prevention of pregnancy s hall not be
considered such an emergency service; or
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8. Any minor who is the victim of sexual assault; provided,
however, that such self -consent only applies to a forensic medical
examination by a qualified licensed health care professional.
If any minor falsely represents that he may give consent facts
exist that would authorize h im or her to consent under one of the
exceptions listed in this section and a health professional provides
health services in reasonable, good faith reliance based upon that
misrepresentation, the minor shall receive full services without the
consent of the minor 's parent or legal guardian and the health
professional shall incur no liability except for negligence or ,
intentional harm, or acting inconsistently with the requirement s of
this section. Consent of the minor shall not be subject to later
disaffirmance or revocation because of his minority.
B. The health professional shall be required to make a
reasonable attempt to inform the spouse, parent or legal guardian of
the minor of any treatment needed or provided under paragraph 7 of
subsection A of this section. In all other instances in which a
minor may consent as provided in this section , the health
professional may, but shall not be required to inform the spouse,
parent or legal guardian of the minor of any treatment needed or
provided. The judgm ent of the health professional as to
notification shall be final, and his or her disclosure shall not
constitute libel, slander, the breach of the right of privacy, the
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breach of the rule of privileged communication or result in any
other breach that would incur liability.
Information about the minor obtained through care by a health
professional under the provisions of this act shall not be
disseminated to any health professional , school, law enforcement
agency or official, court authority, nonjudicial government agency
or official employer, without the consent of the minor, except by
court order, through specific legal requirements , or if the giving
of the information is necessar y to the health of the minor and
public. Statistical reporting may be done when the minor 's identity
is kept confidential.
The health professional shall not incur criminal liability for
action under the provisions of this act except for negligence or
intentional harm.
SECTION 7. This act shall become effective Nove mber 1, 2025.
60-1-11575 TJ 01/02/25