Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB547 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	SENATE FLOOR VERSION - SB547 SFLR Page 1
4		-	(Bold face denotes Committee Amendments) 1
	3	+	Req. No. 1609 Page 1 1
5	4		2
6	5		3
7	6		4
8	7		5
9	8		6
10	9		7
11	10		8
12	11		9
13	12		10
14	13		11
15	14		12
16	15		13
17	16		14
18	17		15
19	18		16
20	19		17
21	20		18
22	21		19
23	22		20
24	23		21
25	24		22
26	25		23
27	26		24
28	27
29		-	SENATE FLOOR VERSION
30		-	February 17, 2025
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 60th Legislature (2025)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR
35		-	SENATE BILL ~~NO.~~ 547 By: Guthrie
	34	+	SENATE BILL 547 By: Guthrie
36	35
37	36
38	37
39	38
40	39
	40	+	COMMITTEE SUBSTITUTE
41	41
42		-
43		-	[ health care - minor self-consent - protections -
44		-	exceptions - effective date ]
45		-
	42	+	An Act relating to health care; amending 63 O.S.
	43	+	2021, Section 2602, which relates to minor self -
	44	+	consent to health services; granting certain
	45	+	protections to parent or legal guardian related to
	46	+	medical records; providing exceptions; making
	47	+	language gender neutral; updating statutory language
	48	+	and references; and providing an effective date .
46	49
47	50
48	51
49	52
50	53
51	54		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
52	55		SECTION 1. AMENDATORY 63 O.S. 2021, Section 2602, is
53	56		amended to read as follows:
54	57		Section 2602. A. Notwithstanding any other provision of law,
55	58		the following minors may consent to ha ve services provided by health
56	59		professionals in the following cases:
57	60		1. Any minor who is married, has a dependent child , or is
58	61		emancipated;
59	62		2. Any minor who is separated from his or her parents or legal
60	63		guardian for whatever reason and is not support ed by his or her
61	64		parents or guardian;
62		-	3. Any minor who is or has been pregnant, or afflicted with any
63		-	reportable communicable disease, drug and substance abuse , or
64	65
65		-	SENATE FLOOR VERSION - SB547 SFLR Page 2
66		-	(Bold face denotes Committee Amendments) 1
	66	+	Req. No. 1609 Page 2 1
67	67		2
68	68		3
69	69		4
70	70		5
71	71		6
72	72		7
73	73		8
74	74		9
75	75		10
76	76		11
77	77		12
78	78		13
79	79		14
80	80		15
81	81		16
82	82		17
83	83		18
84	84		19
85	85		20
86	86		21
87	87		22
88	88		23
89	89		24
90	90
	91	+	3. Any minor who is or has been pregnant , or afflicted with any
	92	+	reportable communicable disease, drug and substance abuse , or
91	93		abusive use of alcohol; provided, however, that such self -consent
92	94		only applies to the preventio n, diagnosis, and treatment of those
93	95		conditions specified in this section. Any health professional who
94	96		accepts the responsibility of providing such health services also
95	97		assumes the obligation to provide counseling for the minor by a
96	98		health professional. If the minor is found not to be pregnant nor
97	99		suffering from a communicable disea se, nor drug or substance abuse,
98	100		nor abusive use of alcohol, the health professional shall not reveal
99	101		any information whatsoever to the spouse, parent , or legal guardian,
100	102		without the consent of the minor;
101	103		4. Any minor parent as to his or her child;
102	104		5. Any spouse of a minor when the minor is unable to give
103	105		consent by reason of physical or mental incapacity;
104	106		6. Any minor who by reason of physical or mental capacity
105	107		cannot give consent and has no known relatives or legal guardian, if
106	108		two physicians agree on the health service to b e given;
107	109		7. Any minor in need of emergency services for conditions which
108	110		will endanger his or her health or life if delay would result by
109	111		obtaining consent from his or her spouse, parent, or legal guardian;
110	112		provided, however, that the prescribing of any medicine or device
111	113		for the prevention of pregnancy shall not be considered such an
112	114		emergency service; or
113	115
114		-	SENATE FLOOR VERSION - SB547 SFLR Page 3
115		-	(Bold face denotes Committee Amendments) 1
	116	+	Req. No. 1609 Page 3 1
116	117		2
117	118		3
118	119		4
119	120		5
120	121		6
121	122		7
122	123		8
123	124		9
124	125		10
125	126		11
126	127		12
127	128		13
128	129		14
129	130		15
130	131		16
131	132		17
132	133		18
133	134		19
134	135		20
135	136		21
136	137		22
137	138		23
138	139		24
139	140
140	141		8. Any minor who is the victim of sexual assaul t; provided,
141	142		however, that such self -consent only applies to a forensic medical
142	143		examination by a qualifi ed licensed health care professional.
143	144		B. If any minor falsely represents that he or she may give
144	145		consent and a health professional provides health serv ices in good
145	146		faith based upon that misrepresentation, the minor shall receive
146	147		full services without the consent of the minor ’s parent or legal
147	148		guardian and the health professional shall incur no liability except
148	149		for negligence or intentional harm. Consent of the minor shall not
149	150		be subject to later disaffirmance or revocation because of his or
150	151		her minority.
151	152		B. C. 1. The health professional shall be required to make a
152	153		reasonable attempt to inform the spouse, parent , or legal guardian
153	154		of the minor of any tr eatment needed or provided under paragraph 7
154	155		of subsection A of this section.
155	156		2. In all other instances the health professional may, but
156	157		shall not be required to , inform the spouse, parent , or legal
157	158		guardian of the minor of any treatment needed or provide d. The
158	159		judgment of the health professional as to notification shall be
159	160		final, and his or her disclosure shall not constitute libel,
160	161		slander, the breach of the right of privacy, the breach of the rule
161	162		of privileged communication , or result in any other bre ach that
162	163		would incur liability.
163	164		D. 1. Except as provided by paragraph 2 of this subsection:
164	165
165		-	SENATE FLOOR VERSION - SB547 SFLR Page 4
166		-	(Bold face denotes Committee Amendments) 1
	166	+	Req. No. 1609 Page 4 1
167	167		2
168	168		3
169	169		4
170	170		5
171	171		6
172	172		7
173	173		8
174	174		9
175	175		10
176	176		11
177	177		12
178	178		13
179	179		14
180	180		15
181	181		16
182	182		17
183	183		18
184	184		19
185	185		20
186	186		21
187	187		22
188	188		23
189	189		24
190	190
191	191		a. the parent or legal guardian of a minor shall have the
192	192		right to access and review all medical records of the
193	193		minor, and
194	194		b. a health professional shall not prev ent or restrict
195	195		access to the minor’s medical records by the parent or
196	196		legal guardian.
197	197		2. The provisions of this subsection shall not apply to cases:
198	198		a. as described in paragraphs 1, 2, 5, and 6 of
199	199		subsection A of this section,
200	200		b. where such access and re view is prohibited by law, or
201	201		c. where the parent is the subject of an investigation of
202	202		a crime committed against the minor child and a law
203	203		enforcement official requests that the information not
204	204		be released.
205	205		E. Information about the minor obtained through care by a
206	206		health professional under the provisions of this act Section 2601 et
207	207		seq. of this title shall not be disseminated to any health
208	208		professional, school, law enforcement agency or official, court
209	209		authority, government agency , or official employer, w ithout the
210	210		consent of the minor, except through specific legal requirements or
211	211		if the giving of the information is necessary to the health of the
212	212		minor and public. Statistical reporting may be done when the
213	213		minor’s identity is kept confidential.
214	214
215		-	SENATE FLOOR VERSION - SB547 SFLR Page 5
216		-	(Bold face denotes Committee Amendments) 1
	215	+	Req. No. 1609 Page 5 1
217	216		2
218	217		3
219	218		4
220	219		5
221	220		6
222	221		7
223	222		8
224	223		9
225	224		10
226	225		11
227	226		12
228	227		13
229	228		14
230	229		15
231	230		16
232	231		17
233	232		18
234	233		19
235	234		20
236	235		21
237	236		22
238	237		23
239	238		24
240	239
241	240		F. The health professional shall not incur criminal liability
242	241		for action under the provi sions of this act Section 2601 et seq. of
243	242		this title except for negligence or intentional harm.
244	243		SECTION 2. This act shall become effective November 1, 2025.
245		-	~~COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES~~
246		-	~~February~~ 17, 2025 ~~- DO PASS AS AMENDED BY CS~~
	244	+
	245	+	60-1-1609 DC 2/17/2025 3:44:09 PM