Req. No. 871 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 958 By: McIntosh
AS INTRODUCED
An Act relating to health care; amending 12 O.S.
2021, Section 2503, which relates to physician - and
psychotherapist-patient privilege; excluding minor
from certain privilege; conferring certain rights on
parents and legal guardians subject to certain
condition; amending 59 O.S. 2021, Sections 1910 and
1939, which relate to counselors; modifying
conditions for disclosure of certain inform ation;
amending 63 O.S. 2021, Section 2602, which relates to
minor self-consent to health services; granting
certain right and protection to parent or legal
guardian; modifying and removing certain conditions
for minor self-consent; providing certain
construction; modifying certain notice and disclosure
requirements; making language gender neutral;
updating statutory language and references;
authorizing certain actions by the Attorney General;
specifying applicability of actions; authorizing
recovery of certain relief; abolishing certain
immunities for specified purpose; providing fo r
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Se ction 2503, is
amended to read as follows:
Section 2503. A. As used in this section:
1. A “patient” is a person who consults or is examined or
interviewed by a physician or psychotherapist;
Req. No. 871 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. A “physician” is a person authorized to practice medicine i n
any state or nation, or reasonably believed by the patient to be so
authorized;
3. A “psychotherapist” is:
a. a person authorized to practice medicine in any state
or nation, or reasonably believed by the patient to be
so authorized, while engaged in th e diagnosis or
treatment of a mental or emotional condition,
including alcohol or drug addiction, or
b. a person licensed or certified as a psychologist under
the laws of any state or nation, or reasonably
believed by the patient to be so licensed or
certified, while similarly engaged; and
4. A communication is “confidential” if not intended to be
disclosed to third persons, except persons present to further the
interest of the patient in the consultation, examination , or
interview, persons reasonably nece ssary for the transmission of the
communication, or persons who are participating in the diagnosis and
treatment under the direction of the physician or psychotherapist,
including members of the patient ’s family.
B. A patient has a privilege to refuse to disclose and to
prevent any other person from disclosing confidential communic ations
made for the purpose of diagnosis or treatment of the patient ’s
physical, mental, or emotional condition, including alcohol or drug
Req. No. 871 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
addiction, among the patient, the patie nt’s physician or
psychotherapist, and persons who are participating in the diagnosis
or treatment under the direction of the physician or
psychotherapist, including members of the patient ’s family, except
that a minor child under eighteen (18) years of age has no privilege
to refuse to disclose or to prevent any other person from d isclosing
such confidential communications to the minor child ’s parent or
legal guardian.
C. The privilege may be claimed by the patient, the patient ’s
guardian or conservator , or the personal representative of a
deceased patient. The person who was the physician or
psychotherapist at the time of the communication is presumed to have
authority to claim the privilege but only on behalf of the patient.
D. The following shall be e xceptions to a claim of privilege:
1. There is no privilege under this sectio n for communications
relevant to an issue in proceedings to hospitalize the patient for
mental illness, if the psychotherapist in the course of diagnosis or
treatment has determi ned that the patient is in need of
hospitalization;
2. Communications made in the course of a court -ordered
examination of the physical, mental , or emotional condition of a
patient, whether a party or a witness, are not privileged under this
section when they relate to the particular purpose for which the
examination is ordered unl ess the court orders otherwise;
Req. No. 871 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. The privilege under this Code as to a communication relevant
to the physical, mental , or emotional condition of the patient in
any proceeding in which the patient relies upon that condition as an
element of the patient ’s claim or defense or, after the patient ’s
death, in any proceeding in which any party relies upon the
condition as an element of the party ’s claim or defense is qualified
to the extent that an adverse party in the proceeding may obtain
relevant information regarding the condition by statutory discovery;
4. When the patient is an inmate in the custody of the
Department of Corrections or a private prison or facility under
contract with the Department of Corrections, and the release of the
information is necessary:
a. to prevent or lessen a serious and imminent threat to
the health or safety of any person, or
b. for law enforcement authorities to identify or
apprehend an individual w here it appears from all the
circumstances that the individual has escaped fro m a
correctional institution or from lawful custody; or
5. A minor child under eighteen (18) years of age has no
privilege to refuse to disclose or to prevent any other person f rom
disclosing communications otherwise confidential under this section
to the minor child’s parent or legal guardian ; or
Req. No. 871 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. The testimonial privilege created pursuant to this section
does not make communications confidential where state and federal
privacy law would otherwise permit disclosure.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2006 of Title 25, unless there
is created a duplication in numbering, reads as follows:
Notwithstanding any other provision of law, a parent or legal
guardian of a minor child under eighteen (18) years of age has a
right to be present during any meeting or consultation between a
health professional and the parent or legal guardian’s minor child
under eighteen (18) years of age and to be provided, within a
reasonable time and at a reasonable cost, copies of any records of
services provided by a health professional to the parent or legal
guardian’s minor child. Provided, however, that a parent or legal
guardian shall not be entitled to be present during such a meeting
or consultation, or to access such records, when the health
professional has been made aware of an allegation of parental child
abuse, child neglect, or battery.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 1910, is
amended to read as follows:
Section 1910. A. No person licensed pursuant to the provisions
of the Licensed Professional Counselors Act shall knowingly and
willfully disclose any information the licensee m ay have acquired
from persons consulting the licensee in his professional capacity as
Req. No. 871 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a professional counselor or be compelled to disclose such
information except:
1. With the written consent of the client , or, except under the
circumstances described in paragraph 2 of this subsection, if the
client is less than eighteen (18) years of age, with the written
consent of the client ’s parent or legal guardian , or in the case of
death or disability of the client, the consent of his personal
representative or oth er person authorized to sue or the beneficiary
of any insurance policy on his life, health, or physical condition;
2. If the person is a child under the age of eighteen (18)
years and the information acquired by the licensed person indicated
that the child was the victim or subject of a crime, the licensed
person may be required to testify fully in relation thereto upon an
examination, trial or other proceeding in which the commission of
such a crime is a subject of inquiry;
3. If the client waives the pr ivilege by bringing charges
against the licensed person;
4. When failure to disclose such information presents a danger
to the health of any person; or
5. If the licensed professional counselor is a party to a
civil, criminal or disciplinary action arisi ng from such therapy, in
which case any waiver of the privilege accorded by th is section
shall be limited to that action.
Req. No. 871 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. No information shall be treated as privileged and there
shall be no privileges created by the Licensed Professional
Counselors Act as to any information acquired by the person licensed
pursuant to the Licensed Professional Counselors Act when such
information pertains to criminal acts or violation of any law.
C. The Licensed Professional Counselors Act shall not be
construed to prohibit any licensed person from testifying in court
hearings concerning matters of adoption, child abuse, child neglect,
battery, or matters pertaining to the welfare of children or from
seeking collaboration or consultation with professional colleagues
or administrative superiors on behalf of this client.
SECTION 4. AMENDATORY 59 O.S. 2021, Section 1939, is
amended to read as follows:
Section 1939. A. No person licensed pursuant to the provisions
of the Licensed Behavioral Practit ioner Act shall disclose any
information the licensee may have acquired from p ersons consulting
the licensee in the licensee ’s professional capacity as a behavioral
practitioner or be compelled to disclose such information except:
1. With the written cons ent of the client, or, except under the
circumstances described in paragraph 2 of this subsection, if the
client is less than eighteen (18) years of age, with the written
consent of the client ’s parent or legal guardian , or in the case of
death or disability of the client, the consent of the client ’s
personal representative or other person authorized to sue or the
Req. No. 871 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
beneficiary of any insurance policy on the client ’s life, health, or
physical condition;
2. If the client is a child under the age of eighteen ( 18)
years and the information acquired by the licensed person indicated
that the child was the victim or subject of a crime, the licensed
person may be required to testify fully in relation thereto upon an
examination, trial, or other proceeding in which t he commission of
such a crime is a subject of the inquiry;
3. If the client waives the privilege by bringing charges
against the licensed person;
4. When failure to disclose such information presents a danger
to the health of any person; or
5. If the licensed behavioral practitioner is a party to a
civil, criminal, or disciplinary action arising from such therapy,
in which case any waiver of the privilege accorded by this section
shall be limited to that action.
B. No information shall be treated as pri vileged and there
shall be no privileges created by the Licensed Behavioral
Practitioner Act as to any information acquired by the person
licensed pursuant to the Licensed Behavioral Practitioner Act when
such information pertains to criminal acts or viola tion of any law.
C. The Licensed Behavioral Practitioner Act shall not be
construed to prohibit any licensed person from testifying in court
hearings concerning matters of adoption, child abuse, child neglect,
Req. No. 871 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
battery, or matters pertaining to the welfare of children or from
seeking collaboration or consultation with professional c olleagues
or administrative superiors on behalf of this client.
SECTION 5. AMENDATORY 63 O.S. 2021, Section 2602, is
amended to read as follows:
Section 2602. A. Notwithstanding any other provision of law,
the Except as provided in this section:
1. Health professionals shall not provide services to a minor
without the consent of a parent or legal guardian; and
2. A parent or legal guardian shall have the right to be
present during any meeting or consultation with a health
professional.
B. The following minors may consent to have services provided
by health professionals in the following cases:
1. Any minor who is married, has a dependent child , or is
emancipated;
2. Any minor who is separated from his parents or legal
guardian for whatever reason and is not supported by his parents or
guardian;
3. Any minor who is or has been pregnant, afflicted with any
reportable communicable disease, drug and sub stance abuse, or
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
Req. No. 871 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 h ealth professional shall not reveal
any information whatsoever to the spouse, parent or legal guardian,
without the consent of the minor Provided, however, that this
section shall not be construed to authorize any health professional
to provide any abortio n-related services to a minor, including
counseling or referrals to another health professional for the
purpose of procuring an abortion ;
4. 3. Any minor parent as to his or her child;
5. 4. Any spouse of a minor when the minor is unable to give
consent by reason of physical or mental incapacity;
6. 5. Any minor who by reason of physical or mental capacity
cannot give consent and has no known relatives or legal guardian
guardian who is known or discoverable by the health professional
through reasonably d iligent inquiry, if two physicians agree on the
health service to be given;
7. 6. Any minor in need of emergency services for conditions
which will endanger his health or life involve a substantial risk of
permanent damage to his or her physical health or death if delay
would result by obtaining consent from his or her spouse, parent, or
legal guardian; provided, however, that the prescribing of any
Req. No. 871 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
medicine or device or referral to another health professional for
the prevention or termination of pregnancy shall not be considered
such an emergency service; or
8. 7. 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.
C. If any minor falsely represents facts that he may would
authorize him or her to give consent under subsection B of this
section and a health professional provides health services in
reasonable 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 harm. Consent of
the minor shall not be subject to later disaffirmance or revocation
because of his minority , or acts inconsistent with the requirements
of this section.
B. D. 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 provide d under paragraph 7
of subsection A of this section. In all other instances in which a
minor may consent to services under this section, the health
professional may, but shall not be required to , inform the spouse,
parent, or legal guardian of the minor o f any treatment needed or
provided. The judgment of the health professional a s to
Req. No. 871 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
notification 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 communic ation, or result in any
other breach that would incur liability.
E. Information about the minor obtained 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, non-judicial government agency, or official employer,
without the consent of the minor, except through court order or
specific legal 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
confidential.
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 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 18m -3 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. Whenever the Attorney General has received a complaint from
a parent claiming a violation of Section 1, 2, 3, 4, or 5 of this
act, the Attorney General may, at the Attorney General ’s discretion,
bring suit for any violation of this act.
Req. No. 871 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. An action under this section may be brought, and relief may
be granted, without regard to whether the person bringing the action
has sought or exhausted available administrative remedies.
C. Any person who successfully asserts a claim or defense under
this section may recover declaratory relief, injunctive relief,
nominal damages, compensatory damages , reasonable attorney fees and
costs, and any other appropriate relief.
D. Sovereign, governmental , and qualified immunities to suit
and from liability are wai ved and abolished to the extent of
liability created by this section.
SECTION 7. This act shall become effective November 1, 2025.
60-1-871 DC 1/16/2025 1:04:04 PM