OK
Oklahoma House Bill HB2884

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2884 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 2884 By: Chapman
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3838 AS INTRODUCED
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4040 An Act relating to parental rights in health care;
4141 establishing parental rights to be present in their
4242 minor child's health care consult ations; providing
4343 for parental abuse exception; authorizing Attorney
4444 General enforcement; providing for certain relief;
4545 removing all immunity; amending 12 O.S. 2021, Section
4646 2503, which relates to physician and psychotherapist
4747 patient privilege; clarifying that a minor cannot
4848 refuse to disclose information to their parent or
4949 legal guardian; amending 59 O.S. 2021, Section 1910,
5050 which relates to disclosure of confidential
5151 information, privileges, and testimony in hearings;
5252 clarifying that the parent or legal guardian's
5353 consent is required; amending 59 O.S. 2021, Section
5454 1939, which relates to disclosure of information and
5555 exceptions; clarifying that the parent or legal
5656 guardian's consent is required; amending 63 O.S.
5757 2021, Section 2602, which relates to right of self-
5858 consent under certain conditions and doctor -patient
5959 privileges; modifying when minors can consent without
6060 a parent or legal guardian; providing for
6161 codification; and providing an effective date.
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6868 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6969 SECTION 1. NEW LAW A new section of law to be codified
7070 in the Oklahoma Statutes as Section 2610 of Title 63, unless there
7171 is created a duplication in numbering, reads as follows:
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9898 A. Notwithstanding any other provision of law, a parent of a
9999 minor child under eighteen (18) years of age has a right to be
100100 present during any meeting or consultation between a health
101101 professional and the parent 's minor child under eighteen (18) years
102102 of age and to be provided, within a reason able time and at a
103103 reasonable cost, copies of any records of services provided by a
104104 health professional to the parent 's minor child. Provided, however,
105105 that a parent shall not be entitled to be present during such a
106106 meeting or consultation, or to access s uch records, when the health
107107 professional has been made aware of an allegation of parental child
108108 abuse, child neglect, or battery.
109109 SECTION 2. NEW LAW A new section of law to be codified
110110 in the Oklahoma Statutes as Section 2610.1 of Title 63, unless there
111111 is created a duplication in numbering, reads as follows:
112112 A. Whenever the Attorney General has received a complaint from
113113 a parent claiming a violation of this act, the Attorney General
114114 shall, in the Attorney General 's discretion, bring suit for any
115115 violation of this act.
116116 B. An action under this act may be bro ught, and relief may be
117117 granted, without regard to whether the person bringing the action
118118 has sought or exhausted available administrative remedies.
119119 C. Any person who successful ly asserts a claim or defense under
120120 this act may recover declaratory relief, injunctive relief, nominal
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147147 damages, compensatory damages , reasonable attorney fees and costs,
148148 and any other appropriate relief.
149149 D. Sovereign, governmental, and qualified immuniti es to
150150 lawsuits and from liability are waived and abolished to the extent
151151 of liability created by this act.
152152 SECTION 3. AMENDATORY 12 O.S. 2021, Section 2503, is
153153 amended to read as follows:
154154 Section 2503. A. As used in this section :
155155 1. A "patient" is a person who consults or is examined or
156156 interviewed by a physician or psychotherapist;
157157 2. A "physician" is a person authorized to practice medicine in
158158 any state or nation, or reasonably believed by the patient to be so
159159 authorized;
160160 3. A "psychotherapist" is:
161161 a. a person authorized to practice medicine in any st ate
162162 or nation, or reasonably believed by the patient to be
163163 so authorized, while engaged in the diagnosis or
164164 treatment of a mental or emotional condition,
165165 including alcohol or dru g addiction, or
166166 b. a person licensed or certified as a psychologist under
167167 the laws of any state or nation, or reasonably
168168 believed by the patient to be so licensed or
169169 certified, while similarly engaged; and
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196196 4. A communication is "confidential" if not intended to be
197197 disclosed to third persons parties, except persons parties present
198198 to further the interest of the patient in the consultation,
199199 examination or interview, persons parties reasonably necessary for
200200 the transmission of the communication, or person parties who are
201201 participating in the diagnosis and treatment under the direction of
202202 the physician or psychotherapist, including members of the patient 's
203203 family.
204204 B. A patient has a privilege to refuse to disclose and to
205205 prevent any other person party from disclosing confidential
206206 communications made for the purpose of diagnosis or treat ment of the
207207 patient's physical, mental or emotional condition, including alcohol
208208 or drug addiction, among the patient, the patient 's physician or
209209 psychotherapist, and persons parties who are participating in the
210210 diagnosis or treatment under the direction of the physician or
211211 psychotherapist, including members of the patient 's family, except
212212 that a minor child under eighteen (18) years of age has no privilege
213213 to refuse to disclose o r to prevent any other person from disclosing
214214 such confidential communications to the minor child's parent or
215215 legal guardian.
216216 C. The privilege may be claimed by the patient, the patient 's
217217 guardian or conservator or the personal representative of a decease d
218218 patient. The person who was the physician or psychotherapist at the
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245245 time of the communication is presumed to have authority to claim the
246246 privilege but only on behalf of the patient.
247247 D. The following shall be exceptions to a claim of privilege:
248248 1. There is no privilege under this section for communications
249249 relevant to an issue i n proceedings to hospitalize the patient for
250250 mental illness, if the psychotherapist in the course of diagnosis or
251251 treatment has determined that the patient is in need of
252252 hospitalization;
253253 2. Communications made in the course of a court -ordered
254254 examination of the physical, mental or emotional condition of a
255255 patient, whether a party or a witness, are not privileged under this
256256 section when they relate to the particular purpose for wh ich the
257257 examination is ordered unless the court orders otherwise;
258258 3. The privilege under this Code code as to a communication
259259 relevant to the physical, mental or emotional condition of the
260260 patient in any proceeding in which the patient relies upon that
261261 condition as an element of the patient 's claim or defense or, after
262262 the patient's death, in any proceeding in which any party relies
263263 upon the condition as an element of the party 's claim or defense is
264264 qualified to the extent that an adverse party in the proc eeding may
265265 obtain relevant information regarding the condition by statutory
266266 discovery;
267267 4. When the patient is an inmate in the custody of the
268268 Department of Corrections or a private prison or facility under
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295295 contract with the Department of Corrections, and the release of the
296296 information is necessary:
297297 a. to prevent or lessen a serious and imminent threat to
298298 the health or safety of any person, or
299299 b. for law enforcement authorities to identify or
300300 apprehend an individual where it appears from all the
301301 circumstances that the individual has escaped from a
302302 correctional institution or from law ful custody; or
303303 5. A minor child under eighteen (18) years of age has no
304304 privilege to refuse to disclose or to prevent any other person from
305305 disclosing communications otherwise confidential under this section
306306 to the minor child's parent or legal guardian; or
307307 6. The testimonial privilege created pursuant to this section
308308 does not make communications confidential where state and federal
309309 privacy law would otherwise permit disclosure .
310310 SECTION 4. AMENDATORY 59 O.S. 2021, Section 1910, is
311311 amended to read as follows:
312312 Section 1910. A. No person licensed pursuant to the provisions
313313 of the Licensed Professional Counselors Act shall knowingly and
314314 willfully disclose any information the licensee may have acquired
315315 from persons consulting the licensee in his or her professional
316316 capacity as a professional counselor or be compelled to disclose
317317 such information except:
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344344 1. With the written consent of the client, or, except under the
345345 circumstances described in paragraph 2 of this subsection, if the
346346 client is less than eighteen (18) years of age, with the written
347347 consent of the client 's parent or legal guardian, or in the case of
348348 death or disability of the client, the consent of his or her
349349 personal representative or other person authorized to sue or the
350350 beneficiary of any insurance policy on his or her life, health or
351351 physical condition;
352352 2. If the person is a child under the age of eighteen (18)
353353 years of age and the information acquired by the licensed person
354354 indicated that the child was the victim or subject of a crime, the
355355 licensed person may be required to testify fully in relation thereto
356356 upon an examination, trial or other proceeding in which the
357357 commission of such a crim e is a subject of inquiry;
358358 3. If the client waives the privilege by bringing charges
359359 against the licensed person;
360360 4. When failure to disclose such information presents a danger
361361 to the health of any person; or
362362 5. If the licensed professional counselor is a party to a
363363 civil, criminal or disciplinary action arising from such therapy , in
364364 which case any waiver of the privilege accorded by this section
365365 shall be limited to that action.
366366 B. No information shall be treated as privileged and there
367367 shall be no privileges created by the Licensed Professional
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394394 Counselors Act as to any information acquired by the person licensed
395395 pursuant to the Licensed Professional Counselors Act when such
396396 information pertains to criminal acts or violation of any law.
397397 C. The Licensed Professional Counselors Act shall not be
398398 construed to prohibit any licensed pe rson from testifying in court
399399 hearings concerning matters of adoption, child abuse, child neglect,
400400 battery or matters pertaining to the welfare of children or from
401401 seeking collaboration or consultation with professional colleagues
402402 or administrative superiors on behalf of this client.
403403 SECTION 5. AMENDATORY 59 O.S. 2021, Section 1939, is
404404 amended to read as follows:
405405 Section 1939. A. No person licensed purs uant to the provisions
406406 of the Licensed Behavioral Practitioner Act shall discl ose any
407407 information the licensee may have acquired from persons consulting
408408 the licensee in the licensee 's professional capacity as a behavioral
409409 practitioner or be compelled to di sclose such information except:
410410 1. With the written consent of the client, or, except under the
411411 circumstances described in paragraph 2 of this subsection, if the
412412 client is less than eighteen (18) years of age, with the written
413413 consent of the client 's parent or legal guardian, or in the case of
414414 death or disability of the client, the consent of the client 's
415415 personal representative or other person authorized to sue or the
416416 beneficiary of any insurance policy on the client 's life, health, or
417417 physical condition;
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444444 2. If the client is a child under the age of eighteen (18)
445445 years of age and the information acquired by the licensed person
446446 indicated that the child was the victim or subject of a crime, the
447447 licensed person may be required to testify fully in relation th ereto
448448 upon an examination, trial, or other proceeding in which the
449449 commission of such a crime is a subject of the inquiry;
450450 3. If the client waives the privilege by bringing charges
451451 against the licensed person;
452452 4. When failure to disclose such information presents a danger
453453 to the health of any person; or
454454 5. If the licensed behavioral practitioner is a party to a
455455 civil, criminal, or disciplinary action arising from such therapy,
456456 in which case any waiver of the privilege accorded by this section
457457 shall be limited to that action.
458458 B. No information shall be treated as privileged and th ere
459459 shall be no privileges created by the Licensed Behavioral
460460 Practitioner Act as to any information acquired by the person
461461 licensed pursuant to the Licensed Behavioral Practitio ner Act when
462462 such information pertains to criminal acts or violation of any law.
463463 C. The Licensed Behavioral Practitioner Act shall not be
464464 construed to prohibit any licensed person from testifying in court
465465 hearings concerning matters of adoption, child abu se, child neglect,
466466 battery, or matters pertaining to the welfare of children o r from
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493493 seeking collaboration or consultation with professional colleagues
494494 or administrative superiors on behalf of this client.
495495 SECTION 6. AMENDATORY 63 O.S. 2021, Section 2602, is
496496 amended to read as follows:
497497 Section 2602. A. Notwithstanding any other provision of law,
498498 the Except as provided in this section, health professionals may not
499499 provide services to a minor without the consent of a parent or lega l
500500 guardian. Except as provided in this section, a parent or legal
501501 guardian shall have the right to be present during any meeting or
502502 consultation with a health professional. The following minors may
503503 consent to have services provided by health professional s in the
504504 following cases:
505505 1. Any minor who is married, has a dependent child or is
506506 emancipated;
507507 2. Any minor who is separated from his parents or legal
508508 guardian for whatever reason and is not supported by his parents or
509509 guardian;
510510 3. Any minor who is or has been pregnant, afflicted with any
511511 reportable communicable disease, drug an d substance abuse or abusive
512512 use of alcohol; provided, however, that such self -consent only
513513 applies to the prevention, diagnosis and treatment of those
514514 conditions specified in th is section. Any health professional who
515515 accepts the responsibility of providing such health services also
516516 assumes the obligation to provide counseling for the minor by a
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543543 health professional. If the minor is found not to be pregnant nor
544544 suffering from a communicable disease nor drug or substance abuse
545545 nor abusive use of alcohol, th e health professional shall not reveal
546546 any information whatsoever to the spouse, parent or legal guardian,
547547 without the consent of the minor Provided, however, this section
548548 shall not be construed to authorize any health professional to
549549 provide any abortion -related services to a minor, including
550550 counseling or referrals to another health professional for the
551551 purpose of procuring an abortion ;
552552 4. Any minor parent as to his or her child;
553553 5. Any spouse of a minor when the minor is unable to give
554554 consent by reason of physical or mental incapacity;
555555 6. Any minor who by reason of physical or mental capacity
556556 cannot give consent and has no known relatives or legal guardian who
557557 are known or discoverable by the health professional through
558558 reasonably diligent inquiry , if two physicians agree on the health
559559 service to be given;
560560 7. Any minor in need of emergency services for conditions which
561561 will endanger his health or life involve a substantial risk of
562562 permanent damage to his or her physical health or death if delay
563563 would result by obtaining consent from his or her spouse, parent or
564564 legal guardian; provided, however, that the prescribing of any
565565 medicine or device for the prevention of pregnancy s hall not be
566566 considered such an emergency service; or
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593593 8. Any minor who is the victim of sexual assault; provided,
594594 however, that such self -consent only applies to a forensic medical
595595 examination by a qualified licensed health care professional.
596596 If any minor falsely represents that he may give consent facts
597597 exist that would authorize h im or her to consent under one of the
598598 exceptions listed in this section and a health professional provides
599599 health services in reasonable, good faith reliance based upon that
600600 misrepresentation, the minor shall receive full services without the
601601 consent of the minor 's parent or legal guardian and the health
602602 professional shall incur no liability except for negligence or ,
603603 intentional harm, or acting inconsistently with the requirement s of
604604 this section. Consent of the minor shall not be subject to later
605605 disaffirmance or revocation because of his minority.
606606 B. The health professional shall be required to make a
607607 reasonable attempt to inform the spouse, parent or legal guardian of
608608 the minor of any treatment needed or provided under paragraph 7 of
609609 subsection A of this section. In all other instances in which a
610610 minor may consent as provided in this section , the health
611611 professional may, but shall not be required to inform the spouse,
612612 parent or legal guardian of the minor of any treatment needed or
613613 provided. The judgm ent of the health professional as to
614614 notification shall be final, and his or her disclosure shall not
615615 constitute libel, slander, the breach of the right of privacy, the
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642642 breach of the rule of privileged communication or result in any
643643 other breach that would incur liability.
644644 Information about the minor obtained through care by a health
645645 professional under the provisions of this act shall not be
646646 disseminated to any health professional , school, law enforcement
647647 agency or official, court authority, nonjudicial government agency
648648 or official employer, without the consent of the minor, except by
649649 court order, through specific legal requirements , or if the giving
650650 of the information is necessar y to the health of the minor and
651651 public. Statistical reporting may be done when the minor 's identity
652652 is kept confidential.
653653 The health professional shall not incur criminal liability for
654654 action under the provisions of this act except for negligence or
655655 intentional harm.
656656 SECTION 7. This act shall become effective Nove mber 1, 2025.
657657
658658 60-1-11575 TJ 01/02/25