Oklahoma 2025 2025 Regular Session

Oklahoma Senate Bill SB423 Amended / Bill

Filed 02/11/2025

                     
 
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SENATE FLOOR VERSION 
February 10, 2025 
AS AMENDED 
 
SENATE BILL NO. 423 	By: Rader of the Senate 
 
  and 
 
  Caldwell (Chad) of the 
House 
 
 
 
 
An Act relating to medical records; amending 76 O.S. 
2021, Section 19, which relates to access to medical 
records; modifying applicability of certain 
provisions; eliminating certain duties of health care 
providers; authorizing imposition of certain fee; 
making certain acts unlawful; creating misdemeanor 
offense; providing administrative and criminal 
penalties; providing for civil relief; and providing 
an effective date. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     76 O.S. 2021, Section 19, is 
amended to read as follows: 
Section 19. A.  1.  Any person who is or has been a patient of 
a doctor, hospital or other medical institution any health care 
provider or health care facility, or such person ’s personal 
representative, shall be entitled, upon request, to obtain access to 
the information contained in the patient ’s medical records including 
any x-ray or other photograph or image, pathology slide or the 
patient’s medical bills.   
 
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2. Disclosure of the information described in paragraph 1 of 
this subsection regarding a deceased patient shall require either a 
court order or a written release of an executor, administrator or 
personal representative appointed by the court, or if there is no 
such appointment, by the spouse of the patient or, if none, by any 
responsible member of the family of the patient.  As used in this 
paragraph, “responsible family member ” shall mean the parent, adult 
child, adult sibling or other adult relative who was actively 
involved in providing care to or monitoring the care of the patient 
as verified by the doctor, hospital or other medical insti tution 
health care provider or health care facility responsible for the 
care and treatment of such person. 
2.  Any person who is or has been a patient of a doctor, 
hospital or other medical institution shall be furnished copies of 
all medical records inclu ding any x-ray, other photograph or image, 
pathology slide or all medical bills pertaining to that person ’s 
case upon request and upon the tender of the expenses enumerated in 
this paragraph.  The cost of each copy to such person or to the 
personal representative, spouse or responsible family member of such 
person, not including any x -ray or other photograph or image or 
pathology slide, shall be fifty cents ($0.50) for each page. 
3.  Health care providers and health care facilities may impose 
a reasonable, cost-based fee when patients or their personal 
representatives request copies of medical records; provided, that   
 
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the fee includes only the cost of applicable expenses listed in 42 
C.F.R., Section 164.524(c)(4). 
4. Requests for medical records and medical bills from 
attorneys, insurance companies and by way of subpoena shall be 
charged a base fee of Twenty Dollars ($20.00) in addition to the per 
page charges required pursuant to this section, plus postage or 
delivery fee.  The base fee shall be charged rega rdless of whether 
any records related to the reque st are located.  A fee of Fifteen 
Dollars ($15.00) shall be charged if a certification or an affidavit 
by the provider regarding the authenticity of the medical records or 
bills is requested.  The physician, hospital or other medical 
professionals and institutions, or their business associates as the 
term is defined in Section 160.103 of Title 45 of the United States 
Code of Federal Regulations shall produce the records in digital 
form at the rate of thirty cents ($0.30) per page if: 
a. the entire request c an be reproduced from an 
electronic health record system, 
b. the records are specifically requested to be delivered 
in electronic format, and 
c. the records can be delivered electronically. 
If a provider or business associate transmits the records 
electronically, no postage shall be charged but a delivery charge 
shall apply.  In no event shall a charge for the reproduction of 
electronically stored and delivered medical records pursuant to this   
 
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paragraph exceed Two Hundred Dollars ($200.00) plus postage or 
delivery fee.  The cost of each printed x -ray, other photograph or 
image to such person or to the legal representative of such person 
shall be Fifteen Dollars ($15.00).  If the x -ray, other photograph 
or image is provided on a CD/DVD or other electronic media, the fee 
shall be Twenty Dollars ($20.00) per CD/DVD or other electronic 
media.  The physician, hospital, or other medical professionals and 
institutions, or their business associates as the term is defi ned in 
Section 160.103 of Title 45 of the United S tates Code of Federal 
Regulations, shall not charge a person who requests their own record 
a fee for searching, retrieving, reviewing, and preparing medical 
records of the person.  No mailing fee shall be c harged for copies 
provided by facsimile.  All requests for medical records made 
pursuant to this subsection shall be subject to the fees described 
in this section regardless of where the copies or electronic 
versions of such records are actually produced . 
3. 5. The provisions of paragraphs 1 and 2 of this subsection 
shall not apply to: 
a. psychological, psychiatric, mental health or substance 
abuse treatment records.  In the case of 
psychological, psychiatric, mental health or substance 
abuse treatment records, access to information 
contained in the records shall be obtained pursuant to 
Section 1-109 of Title 43A of the Oklahoma Statutes .   
 
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4.  The provisions of paragraphs 1 and 2 of this subsection 
shall not apply to, and 
b. requests for medical records made by the Disability 
Determination Division of the S tate Department of 
Rehabilitation Services.  The fee for such requests 
shall be at a rate allowed by the Social Security 
Administration. 
B.  1.  In cases involving a claim for personal injury or death 
against any practitioner of the healing arts or a licensed hospital, 
or a nursing facility or nursing home licensed pursuant to Section 
1-1903 of Title 63 of the Oklahoma Statutes arising out of patient 
care, where any person has placed the physical or mental c ondition 
of that person in issue by the commenceme nt of any action, 
proceeding, or suit for damages, or where any person has placed in 
issue the physical or mental condition of any other person or 
deceased person by or through whom the person rightfully cl aims, 
that person shall be deemed to waive any privilege granted by law 
concerning any communication made to a physician or health care 
provider with reference to any physical or mental condition or any 
knowledge obtained by the physician or health care pr ovider by 
personal examination of the patient; pro vided that, before any 
communication, medical or hospital record, or testimony is admitted 
in evidence in any proceeding, it must be material and relevant to 
an issue therein, according to existing rules of evidence.    
 
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Psychological, psychiatric, mental health and substance abuse 
treatment records and information from psychological, psychiatric, 
mental health and substance abuse treatment practitioners may only 
be obtained provided the requirements of Section 1-109 of Title 43A 
of the Oklahoma Statutes are m et. 
2.  Any person who obtains any document pursuant to the 
provisions of this section shall provide copies of the document to 
any opposing party in the proceeding upon payment of the expense of 
copying the document pursuant to the provisions of this section. 
C.  This section shall not apply to the records of an inmate in 
a correctional institution when the correctional institution 
believes the release of such information to be a threat to the 
safety or security of the inmate or the institution. 
D. 1. It shall be unlawful for any person to transmit, 
disclose, seek, use, or obtain any person ’s health information or 
records related to any medical service, procedure, or treatment that 
is deemed medically neces sary by a physician, nurse, or other health 
care provider licensed in this state for any purpose other than 
treatment, payment, or health care operations as those terms are 
defined by the Health Insurance Portability and Accountability Act 
of 1996 or as authorized by the person whose information is being 
sought, used, or disclosed.   
 
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2. Violation of paragraph 1 of this subsection shall be deemed 
unprofessional conduct by the person’s licensure board if applicable 
and subject to mandatory license revocation. 
3.  A person found in violation of paragraph 1 of this 
subsection shall, upon conviction, be guilty of a misdemeanor 
punishable by a fine not to exceed One Thousand Dollars ($1,000.00) . 
4. If a health care provider believes a violation of paragraph 
1 of this subsection has occurred or will occur in relat ion to a 
request for medical records, the health care provider may apply to a 
court of competent jurisdiction for relief and the court shall award 
appropriate relief including , but not limited to, temporary, 
preliminary, or permanent injunctive relief . 
SECTION 2.  This act shall become effective November 1, 2025. 
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES 
February 10, 2025 - DO PASS AS AMENDED