Oklahoma 2025 2025 Regular Session

Oklahoma Senate Bill SB547 Amended / Bill

Filed 02/19/2025

                     
 
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SENATE FLOOR VERSION 
February 17, 2025 
 
 
COMMITTEE SUBSTITUTE 
FOR 
SENATE BILL NO. 547 	By: Guthrie 
 
 
 
 
 
 
 
[ health care - minor self-consent - protections - 
exceptions - effective date ] 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     63 O.S. 2021, Section 2602, is 
amended to read as follows: 
Section 2602.  A.  Notwithstanding any other provision of law, 
the following minors may consent to have services provided by health 
professionals in the follow ing cases: 
1.  Any minor who is married, has a dependent child , or is 
emancipated; 
2.  Any minor who is separated from his or her parents or legal 
guardian for whatever reason and is no t supported by his or her 
parents or guardian; 
3.  Any minor who is or has been pregnant, or afflicted with any 
reportable communicable disease, drug and substance abuse , or   
 
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abusive use of alcohol; provided, however, that such self -consent 
only applies to the prevention, diagnosis , and treatment of those 
conditions specified in this 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 
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, the health professional shall not reveal 
any information whatsoever to the spouse, parent , or legal guardian, 
without the consent of the minor; 
4.  Any minor parent as to hi s 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, 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 or her health or life 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 shall 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. 
B. If any minor falsely represents that he or she may give 
consent and a health professional provides health services in good 
faith 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 h arm.  Consent of the minor shall not 
be subject to later disaffirmance or revocation because of his or 
her minority. 
B. C.  1. 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. 
2. In all other instances the health professional may, but 
shall not be required to , inform the spouse, parent , or legal 
guardian of the minor of any treatment need ed or provided.  The 
judgment of the health professional as to notifica tion shall be 
final, and his or her disclosure shall not constitute libel, 
slander, the breach of the right of privacy, the breach of the rule 
of privileged communication , or result in any other breach that 
would incur liability. 
D.  1.  Except as provided by paragraph 2 of this subsection:   
 
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a. the parent or legal guardian of a minor shall have the 
right to access and review all medical records of the 
minor, and 
b. a health professional s hall not prevent or restrict 
access to the minor’s medical records by t he parent or 
legal guardian. 
2.  The provisions of this subsection shall not apply to cases: 
a. as described in paragraphs 1, 2, 5, and 6 of 
subsection A of this section, 
b. where such access and review is prohibited by law, or 
c. where the parent is the s ubject of an investigation of 
a crime committed against the minor child and a law 
enforcement official requests that the information not 
be released. 
E. Information about the minor obt ained through care by a 
health professional under the provisions of this act Section 2601 et 
seq. of this title shall not be disseminated to any health 
professional, school, law enforcement agency or official, court 
authority, government agency , or official employer, without the 
consent of the minor, except through specific l egal requirements or 
if the giving of the information is necessary to the health of the 
minor and public.  Statistical reporting may be done when the 
minor’s identity is kept confidenti al.   
 
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F. The health professional shall not incur criminal liability 
for action under the provisions of this act Section 2601 et seq. of 
this title except for negligence or intentional harm. 
SECTION 2.  This act shall become effective November 1, 2025. 
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES 
February 17, 2025 - DO PASS AS AMENDED BY CS