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SENATE FLOOR VERSION
March 3, 2025
SENATE BILL NO. 761 By: McIntosh, Sacchieri, and
Hamilton
An Act relating to health care; creating the Lori
Brand Patient Bill of Rights Act of 2025; providing
short title; creating a list of rights for a patient
seeking treatment; specifying certain
responsibilities of patients seeking treatment;
creating certain rights for minor patients seeking
treatment; specifying certain responsibilities of
parents of minor patients seeking treatment;
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 3501 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Lori Brand
Patient Bill of Rights Act of 202 5”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3501 .1 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Each patient treated in this state shall have the following
rights when being treated:
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1. The right to considerate and respectful care, provided in a
safe environment, free from all forms of abuse, neglect, harassment,
or exploitation;
2. To receive information in a manner that he or she
understands. Communications with the patient shall be effective and
provided in a manner that facilitates understanding by the pat ient.
Written information provide d will be appropriate to the age,
understanding, and, as appropriate, the language of the patient. As
appropriate, communications specific to the vision -, speech-,
hearing-, cognitive-, and language-impaired patient will be
provided. The hospital shall meet the requirements of federal
regulations that require program and facility accessibility;
3. To receive as much information about any proposed treatment
or procedure as he or she may need in order to give informed cons ent
or to refuse the course of tre atment. Except in emergencies, this
shall include a description of the procedure or treatment, the
medically significant risks involved in the procedure or treatment,
alternate courses of treatment or nontreatment and the risks
involved in each, and the name of the person who will carry out the
procedure or treatment;
4. To receive the name of the doctor who has primary
responsibility for coordinating his or her care;
5. To have an advance directive for health care conce rning
treatment or to designate a surrogate decision-maker with the
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expectation that the hospital will honor the intent of that
directive to the extent allowed by law and hospital policy. The
health care provider must advise a patient of his or her rights
under state law and hospital policy to make informed medical
decisions, ask if the patient has an advance directive, and include
that information in patient records. The patient has the right to
timely information about hospital policy that may limit its ability
to implement a legally va lid advance directive;
6. To participate in the development and implementation of his
or her plan of care and actively participate in decisions regarding
his or her medical care;
7. To accept medical care or to refuse tr eatment, to the extent
permitted by law, and to be informed of the consequences of such
refusal;
8. To become informed of his or her rights as a patient in
advance of, or when discontinuing, the provision of care. The
patient may appoint a representative to receive this information
should he or she so desire;
9. To have a family member or representative of his or her
choice notified promptly of his or her admission to the hospital;
10. To request that no information regarding his or her
admittance, diagnosis, or treatment be released;
11. To full consideration of privacy concerning his or her
medical care program. Case discussion, consultation, examination,
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and treatment are confidential and should be conducted discreetly to
protect privacy. The patie nt has the right to be advised as to the
reason for the presence of any individual involved in his or her
health care;
12. To access his or her medical records, including current
medical records, upon a verbal or written request, in the form and
format requested by the individual, if it is readily producible in
such form and format (including in an electronic form or format when
such medical records are maintained electronically); or, if not, in
a readable hard copy form or such other form and format as ag reed to
by the facility and the in dividual, and within a reasonable time
frame. The hospital must not frustrate the legitimate efforts of
individuals to gain access to their own medical records and must
actively seek to meet these requests as quickly as i ts record
keeping system permits;
13. To reasonable continuity of care, when appropriate, and to
be informed by the doctor and other caregivers of available and
realistic patient care options when hospital care is no longer
appropriate;
14. To confidential treatment of all communications and records
pertaining to his or her care and stay at the hospital. The
patient’s written authorization shall be obtained before his or her
medical records can be made available to anyone not directly
concerned with his or her care;
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15. To expect that, within its capacity and policies, the
hospital will make a reasonable response to the request of a patient
for appropriate and medically directed care and services. The
hospital must provide evaluation, service, and or a referral as
indicated by the urgen cy of the case. When medically appropriate
and legally permissible, or when a patient has requested a transfer,
that patient may be transferred to another facility. The receiving
facility must have first accepted the pat ient for transfer. The
patient must also have the benefit of the complete information and
explanation concerning the need for, risks and benefits of, and
alternatives to such a transfer;
16. The patient or patient ’s representative has the right to
participate in the consideration of ethi cal issues that might arise
in the care of the patient. The hospital shall have a mechanism for
the consideration of ethical issues arising in the care of patients
and to provide education to caregivers and patients on et hical
issues in health care;
17. To be advised of the hospital ’s complaint or grievance
process should the patient wish to communicate a concern regarding
the quality of care he or she receives. This process shall include
whom to contact to file a compla int. The patient shall be provided
with a written notice of the complaint determination that contains
the contact information of the patient advocate or similar person or
department, the steps taken on his or her behalf to investigate the
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complaint, the results of the complaint and, when possible, the
resolution of the complaint concerning the quality of care;
18. If the patient is sixty -five (65) years of age or older,
the message from Medicare outlining the rights of the elderly shall
be provided to the patient at the time of his or her admission to
the hospital;
19. To be advised if a hospital or doctor proposes to engage in
medical education, training examinations with students or other
personnel, research studies, or human experimentation affecting t he
patient’s care or treatment. The patient has the right to consent
or refuse to participate in and to have such education, training
examinations, research studies, or experiments fully explained prior
to consent. All information provided to subjects sh all be contained
in the medical record or research file, along with the consent
forms. Refusal to participate or discontinuation of participation
shall not compromise the patient ’s right to access care, treatment,
or services;
20. To examine and receive an explanation of his or her bill
regardless of source of payment;
21. To find publicly disclosed on any website for the hospital
any language that would put a reasonable person on notice as to
whether the hospital may be corporately -owned or physician-owned.
For purposes of this section , a public website for the hospital does
not include, by way of example: social media websites, electronic
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payment portals, electronic patient care portals, or electronic
health information exchanges;
22. To remain free from restraints or seclusion in any forms
that are not medically necessary or are used as a means of coercion,
discipline, convenience, or retaliation by staff;
23. To receive the visitors whom he or she designates,
including, but not limited to, a spouse , a domestic partner,
including a same-sex domestic partner, another family member, or a
friend. The patient has the right to withdraw or deny consent at
any time. Visitation shall not be restricted, limited, or otherwise
denied on the basis of race, col or, national origin, religion, sex,
disease type or state, or disability; and
24. Through use of the Hospital -Issued Notice of Noncoverage,
Medicare beneficiaries have the right to be informed in advance of
procedures or treatment for which Medicare may d eny payment, and
that the beneficiary may be personally responsible for full payment
if Medicare denies payment.
B. A patient, guardian of a patient, or legally authorized
representative of a patient shall have the following
responsibilities:
1. To provide accurate and complete information concerning the
patient’s present complaints, past illnesses, hospitalizations,
medications, and other matters relating to his or her health;
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2. To report perceived risks in the patient ’s care and
unexpected changes in his or her condition to the respon sible health
care provider;
3. For the patient’s actions should he or she refuse treatment
or not follow his or her doctor ’s orders;
4. To ask questions when the patient does not understand what
he or she has been told a bout the patient’s care or what he or she
is expected to do;
5. To be considerate of the rights of other patients and
hospital personnel;
6. To participate in educational and discharge planning
activities necessary to ensure that he or she has adequate k nowledge
and support services to p rovide him or her with a safe environment
upon discharge from the hospital;
7. To ask the doctor or nurse what to expect regarding pain
management, to discuss pain relief options with doctors and nurses
and to help develop a pain management plan, to ask for pain relief
when pain first begins, to help doctors and nurses assess the
patient’s pain, to tell the doctors and nurses if his or her pain is
not relieved, and to tell doctors and nurses about any concerns
about taking pain medication;
8. For keeping appointments and for notifying the hospital or
doctor when he or she is unable to do so;
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9. Being respectful of his or her personal property and that of
other patients in the hospital;
10. Following hospital procedures; and
11. Assuring that the financial obligations of his or her care
is fulfilled as promptly as possible.
C. Any minor patient has the following rights when being
treated in this state:
1. To be treated with respect in regards to:
a. each child and adole scent as a unique individual, and
b. the caretaking role and individual response of the
parent and legal guardian;
2. To provisions for normal physical and physiological needs of
a growing child including nutrition, rest, sleep, warmth, activity,
and freedom to move and explore. Minors shall have the right to:
a. appropriate treatment in the least restrictive
setting,
b. not receive unnecessary or excessive medication,
c. an individualized treatment plan and the right to
participate in the plan,
d. a humane treatment environment that prov ides
reasonable protection from harm and appropriate
privacy for personal needs,
e. separation from adult patients when possible, and
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f. regular communication between the minor patient and
the patient’s family or legal gua rdian;
3. To consistent, supportive, and nurturing care which:
a. meets the emotional and psychosocial needs of the
minor, and
b. fosters open communication;
4. To provisions for self -esteem needs which will be met by
attempts to give the minor:
a. the reassuring presence of a parent , guardian, or
designee of the parent or guardian,
b. freedom to express feelings or fears with appropriate
reactions,
c. as much control as possible over both self and
situation,
d. opportunities to work through experiences b efore and
after they occur, verbally, in play, or in other
appropriate ways, and
e. recognition for coping well during difficult
situations;
5. To provisions for varied and normal stimuli of life which
contributes to cognitive, social, emotional, and phys ical
developmental needs such as p lay, educational, and social activities
essential to all children and adolescents;
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6. To information about what to expect prior to, during, and
following a procedure or experience and support in coping with it;
7. To participate with the minor’s parent or guardian in
decisions affecting his or her own medical treatment; and
8. To the minimization of stay duration by recognizing
discharge planning needs.
D. All parents and legal guardians of minor patients in this
state shall have the following responsib ilities:
1. To continue in their parenting role to the extent of their
ability; and
2. To be available to participate in decision -making and
provide staff with knowledge of other parent or family whereabouts.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
March 3, 2025 - DO PASS