1| STATE OF OKLAHOMA |
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2| 1st Session of the 60th Legislature (2025) |
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3|HOUSE BILL 2884 By: Chapman |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to parental rights in health care; |
| establishing parental rights to be present in their |
8| minor child's health care consultations; providing |
| for parental abuse exception; authorizing Attorney |
9| General enforcement; providing for certain relief; |
| removing all immunity; amending 12 O.S. 2021, Section |
10| 2503, which relates to physician and psychotherapist |
| patient privilege; clarifying that a minor cannot |
11| refuse to disclose information to their parent or |
| legal guardian; amending 59 O.S. 2021, Section 1910, |
12| which relates to disclosure of confidential |
| information, privileges, and testimony in hearings; |
13| clarifying that the parent or legal guardian's |
| consent is required; amending 59 O.S. 2021, Section |
14| 1939, which relates to disclosure of information and |
| exceptions; clarifying that the parent or legal |
15| guardian's consent is required; amending 63 O.S. |
| 2021, Section 2602, which relates to right of |
16| self-consent under certain conditions and |
| doctor-patient privileges; modifying when minors can |
17| consent without a parent or legal guardian; providing |
| for codification; and providing an effective date. |
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21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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22| SECTION 1. NEW LAW A new section of law to be codified |
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23|in the Oklahoma Statutes as Section 2610 of Title 63, unless there |
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24|is created a duplication in numbering, reads as follows: |
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1| A. Notwithstanding any other provision of law, a parent of a |
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2|minor child under eighteen (18) years of age has a right to be |
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3|present during any meeting or consultation between a health |
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4|professional and the parent's minor child under eighteen (18) years |
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5|of age and to be provided, within a reasonable time and at a |
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6|reasonable cost, copies of any records of services provided by a |
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7|health professional to the parent's minor child. Provided, however, |
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8|that a parent shall not be entitled to be present during such a |
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9|meeting or consultation, or to access such records, when the health |
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10|professional has been made aware of an allegation of parental child |
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11|abuse, child neglect, or battery. |
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12| SECTION 2. NEW LAW A new section of law to be codified |
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13|in the Oklahoma Statutes as Section 2610.1 of Title 63, unless there |
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14|is created a duplication in numbering, reads as follows: |
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15| A. Whenever the Attorney General has received a complaint from |
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16|a parent claiming a violation of this act, the Attorney General |
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17|shall, in the Attorney General's discretion, bring suit for any |
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18|violation of this act. |
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19| B. An action under this act may be brought, and relief may be |
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20|granted, without regard to whether the person bringing the action |
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21|has sought or exhausted available administrative remedies. |
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22| C. Any person who successfully asserts a claim or defense under |
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23|this act may recover declaratory relief, injunctive relief, nominal |
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1|damages, compensatory damages, reasonable attorney fees and costs, |
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2|and any other appropriate relief. |
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3| D. Sovereign, governmental, and qualified immunities to |
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4|lawsuits and from liability are waived and abolished to the extent |
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5|of liability created by this act. |
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6| SECTION 3. AMENDATORY 12 O.S. 2021, Section 2503, is |
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7|amended to read as follows: |
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8| Section 2503. A. As used in this section: |
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9| 1. A "patient" is a person who consults or is examined or |
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10|interviewed by a physician or psychotherapist; |
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11| 2. A "physician" is a person authorized to practice medicine in |
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12|any state or nation, or reasonably believed by the patient to be so |
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13|authorized; |
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14| 3. A "psychotherapist" is: |
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15| a. a person authorized to practice medicine in any state |
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16| or nation, or reasonably believed by the patient to be |
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17| so authorized, while engaged in the diagnosis or |
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18| treatment of a mental or emotional condition, |
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19| including alcohol or drug addiction, or |
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20| b. a person licensed or certified as a psychologist under |
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21| the laws of any state or nation, or reasonably |
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22| believed by the patient to be so licensed or |
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23| certified, while similarly engaged; and |
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1| 4. A communication is "confidential" if not intended to be |
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2|disclosed to third persons parties, except persons parties present |
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3|to further the interest of the patient in the consultation, |
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4|examination or interview, persons parties reasonably necessary for |
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5|the transmission of the communication, or person parties who are |
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6|participating in the diagnosis and treatment under the direction of |
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7|the physician or psychotherapist, including members of the patient's |
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8|family. |
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9| B. A patient has a privilege to refuse to disclose and to |
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10|prevent any other person party from disclosing confidential |
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11|communications made for the purpose of diagnosis or treatment of the |
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12|patient's physical, mental or emotional condition, including alcohol |
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13|or drug addiction, among the patient, the patient's physician or |
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14|psychotherapist, and persons parties who are participating in the |
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15|diagnosis or treatment under the direction of the physician or |
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16|psychotherapist, including members of the patient's family, except |
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17|that a minor child under eighteen (18) years of age has no privilege |
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18|to refuse to disclose or to prevent any other person from disclosing |
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19|such confidential communications to the minor child's parent or |
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20|legal guardian. |
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21| C. The privilege may be claimed by the patient, the patient's |
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22|guardian or conservator or the personal representative of a deceased |
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23|patient. The person who was the physician or psychotherapist at the |
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1|time of the communication is presumed to have authority to claim the |
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2|privilege but only on behalf of the patient. |
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3| D. The following shall be exceptions to a claim of privilege: |
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4| 1. There is no privilege under this section for communications |
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5|relevant to an issue in proceedings to hospitalize the patient for |
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6|mental illness, if the psychotherapist in the course of diagnosis or |
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7|treatment has determined that the patient is in need of |
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8|hospitalization; |
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9| 2. Communications made in the course of a court-ordered |
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10|examination of the physical, mental or emotional condition of a |
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11|patient, whether a party or a witness, are not privileged under this |
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12|section when they relate to the particular purpose for which the |
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13|examination is ordered unless the court orders otherwise; |
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14| 3. The privilege under this Code code as to a communication |
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15|relevant to the physical, mental or emotional condition of the |
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16|patient in any proceeding in which the patient relies upon that |
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17|condition as an element of the patient's claim or defense or, after |
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18|the patient's death, in any proceeding in which any party relies |
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19|upon the condition as an element of the party's claim or defense is |
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20|qualified to the extent that an adverse party in the proceeding may |
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21|obtain relevant information regarding the condition by statutory |
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22|discovery; |
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23| 4. When the patient is an inmate in the custody of the |
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24|Department of Corrections or a private prison or facility under |
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1|contract with the Department of Corrections, and the release of the |
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2|information is necessary: |
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3| a. to prevent or lessen a serious and imminent threat to |
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4| the health or safety of any person, or |
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5| b. for law enforcement authorities to identify or |
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6| apprehend an individual where it appears from all the |
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7| circumstances that the individual has escaped from a |
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8| correctional institution or from lawful custody; or |
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9| 5. A minor child under eighteen (18) years of age has no |
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10|privilege to refuse to disclose or to prevent any other person from |
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11|disclosing communications otherwise confidential under this section |
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12|to the minor child's parent or legal guardian; or |
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13| 6. The testimonial privilege created pursuant to this section |
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14|does not make communications confidential where state and federal |
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15|privacy law would otherwise permit disclosure. |
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16| SECTION 4. AMENDATORY 59 O.S. 2021, Section 1910, is |
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17|amended to read as follows: |
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18| Section 1910. A. No person licensed pursuant to the provisions |
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19|of the Licensed Professional Counselors Act shall knowingly and |
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20|willfully disclose any information the licensee may have acquired |
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21|from persons consulting the licensee in his or her professional |
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22|capacity as a professional counselor or be compelled to disclose |
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23|such information except: |
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1| 1. With the written consent of the client, or, except under the |
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2|circumstances described in paragraph 2 of this subsection, if the |
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3|client is less than eighteen (18) years of age, with the written |
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4|consent of the client's parent or legal guardian, or in the case of |
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5|death or disability of the client, the consent of his or her |
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6|personal representative or other person authorized to sue or the |
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7|beneficiary of any insurance policy on his or her life, health or |
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8|physical condition; |
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9| 2. If the person is a child under the age of eighteen (18) |
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10|years of age and the information acquired by the licensed person |
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11|indicated that the child was the victim or subject of a crime, the |
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12|licensed person may be required to testify fully in relation thereto |
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13|upon an examination, trial or other proceeding in which the |
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14|commission of such a crime is a subject of inquiry; |
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15| 3. If the client waives the privilege by bringing charges |
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16|against the licensed person; |
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17| 4. When failure to disclose such information presents a danger |
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18|to the health of any person; or |
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19| 5. If the licensed professional counselor is a party to a |
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20|civil, criminal or disciplinary action arising from such therapy, in |
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21|which case any waiver of the privilege accorded by this section |
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22|shall be limited to that action. |
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23| B. No information shall be treated as privileged and there |
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24|shall be no privileges created by the Licensed Professional |
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1|Counselors Act as to any information acquired by the person licensed |
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2|pursuant to the Licensed Professional Counselors Act when such |
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3|information pertains to criminal acts or violation of any law. |
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4| C. The Licensed Professional Counselors Act shall not be |
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5|construed to prohibit any licensed person from testifying in court |
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6|hearings concerning matters of adoption, child abuse, child neglect, |
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7|battery or matters pertaining to the welfare of children or from |
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8|seeking collaboration or consultation with professional colleagues |
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9|or administrative superiors on behalf of this client. |
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10| SECTION 5. AMENDATORY 59 O.S. 2021, Section 1939, is |
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11|amended to read as follows: |
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12| Section 1939. A. No person licensed pursuant to the provisions |
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13|of the Licensed Behavioral Practitioner Act shall disclose any |
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14|information the licensee may have acquired from persons consulting |
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15|the licensee in the licensee's professional capacity as a behavioral |
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16|practitioner or be compelled to disclose such information except: |
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17| 1. With the written consent of the client, or, except under the |
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18|circumstances described in paragraph 2 of this subsection, if the |
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19|client is less than eighteen (18) years of age, with the written |
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20|consent of the client's parent or legal guardian, or in the case of |
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21|death or disability of the client, the consent of the client's |
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22|personal representative or other person authorized to sue or the |
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23|beneficiary of any insurance policy on the client's life, health, or |
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24|physical condition; |
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1| 2. If the client is a child under the age of eighteen (18) |
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2|years of age and the information acquired by the licensed person |
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3|indicated that the child was the victim or subject of a crime, the |
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4|licensed person may be required to testify fully in relation thereto |
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5|upon an examination, trial, or other proceeding in which the |
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6|commission of such a crime is a subject of the inquiry; |
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7| 3. If the client waives the privilege by bringing charges |
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8|against the licensed person; |
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9| 4. When failure to disclose such information presents a danger |
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10|to the health of any person; or |
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11| 5. If the licensed behavioral practitioner is a party to a |
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12|civil, criminal, or disciplinary action arising from such therapy, |
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13|in which case any waiver of the privilege accorded by this section |
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14|shall be limited to that action. |
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15| B. No information shall be treated as privileged and there |
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16|shall be no privileges created by the Licensed Behavioral |
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17|Practitioner Act as to any information acquired by the person |
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18|licensed pursuant to the Licensed Behavioral Practitioner Act when |
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19|such information pertains to criminal acts or violation of any law. |
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20| C. The Licensed Behavioral Practitioner Act shall not be |
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21|construed to prohibit any licensed person from testifying in court |
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22|hearings concerning matters of adoption, child abuse, child neglect, |
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23|battery, or matters pertaining to the welfare of children or from |
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1|seeking collaboration or consultation with professional colleagues |
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2|or administrative superiors on behalf of this client. |
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3| SECTION 6. AMENDATORY 63 O.S. 2021, Section 2602, is |
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4|amended to read as follows: |
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5| Section 2602. A. Notwithstanding any other provision of law, |
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6|the Except as provided in this section, health professionals may not |
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7|provide services to a minor without the consent of a parent or legal |
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8|guardian. Except as provided in this section, a parent or legal |
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9|guardian shall have the right to be present during any meeting or |
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10|consultation with a health professional. The following minors may |
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11|consent to have services provided by health professionals in the |
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12|following cases: |
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13| 1. Any minor who is married, has a dependent child or is |
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14|emancipated; |
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15| 2. Any minor who is separated from his parents or legal |
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16|guardian for whatever reason and is not supported by his parents or |
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17|guardian; |
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18| 3. Any minor who is or has been pregnant, afflicted with any |
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19|reportable communicable disease, drug and substance abuse or abusive |
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20|use of alcohol; provided, however, that such self-consent only |
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21|applies to the prevention, diagnosis and treatment of those |
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22|conditions specified in this section. Any health professional who |
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23|accepts the responsibility of providing such health services also |
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24|assumes the obligation to provide counseling for the minor by a |
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1|health professional. If the minor is found not to be pregnant nor |
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2|suffering from a communicable disease nor drug or substance abuse |
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3|nor abusive use of alcohol, the health professional shall not reveal |
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4|any information whatsoever to the spouse, parent or legal guardian, |
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5|without the consent of the minor Provided, however, this section |
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6|shall not be construed to authorize any health professional to |
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7|provide any abortion-related services to a minor, including |
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8|counseling or referrals to another health professional for the |
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9|purpose of procuring an abortion; |
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10| 4. Any minor parent as to his or her child; |
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11| 5. Any spouse of a minor when the minor is unable to give |
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12|consent by reason of physical or mental incapacity; |
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13| 6. Any minor who by reason of physical or mental capacity |
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14|cannot give consent and has no known relatives or legal guardian who |
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15|are known or discoverable by the health professional through |
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16|reasonably diligent inquiry, if two physicians agree on the health |
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17|service to be given; |
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18| 7. Any minor in need of emergency services for conditions which |
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19|will endanger his health or life involve a substantial risk of |
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20|permanent damage to his or her physical health or death if delay |
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21|would result by obtaining consent from his or her spouse, parent or |
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22|legal guardian; provided, however, that the prescribing of any |
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23|medicine or device for the prevention of pregnancy shall not be |
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24|considered such an emergency service; or |
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1| 8. Any minor who is the victim of sexual assault; provided, |
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2|however, that such self-consent only applies to a forensic medical |
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3|examination by a qualified licensed health care professional. |
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4| If any minor falsely represents that he may give consent facts |
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5|exist that would authorize him or her to consent under one of the |
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6|exceptions listed in this section and a health professional provides |
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7|health services in reasonable, good faith reliance based upon that |
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8|misrepresentation, the minor shall receive full services without the |
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9|consent of the minor's parent or legal guardian and the health |
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10|professional shall incur no liability except for negligence or , |
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11|intentional harm, or acting inconsistently with the requirements of |
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12|this section. Consent of the minor shall not be subject to later |
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13|disaffirmance or revocation because of his minority. |
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14| B. The health professional shall be required to make a |
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15|reasonable attempt to inform the spouse, parent or legal guardian of |
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16|the minor of any treatment needed or provided under paragraph 7 of |
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17|subsection A of this section. In all other instances in which a |
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18|minor may consent as provided in this section, the health |
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19|professional may, but shall not be required to inform the spouse, |
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20|parent or legal guardian of the minor of any treatment needed or |
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21|provided. The judgment of the health professional as to |
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22|notification shall be final, and his or her disclosure shall not |
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23|constitute libel, slander, the breach of the right of privacy, the |
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1|breach of the rule of privileged communication or result in any |
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2|other breach that would incur liability. |
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3| Information about the minor obtained through care by a health |
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4|professional under the provisions of this act shall not be |
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5|disseminated to any health professional, school, law enforcement |
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6|agency or official, court authority, nonjudicial government agency |
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7|or official employer, without the consent of the minor, except by |
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8|court order, through specific legal requirements, or if the giving |
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9|of the information is necessary to the health of the minor and |
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10|public. Statistical reporting may be done when the minor's identity |
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11|is kept confidential. |
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12| The health professional shall not incur criminal liability for |
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13|action under the provisions of this act except for negligence or |
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14|intentional harm. |
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15| SECTION 7. This act shall become effective November 1, 2025. |
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17| 60-1-11575 TJ 01/02/25 |
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