1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 2nd Session of the 60th Legislature (2026) |
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4|HOUSE BILL 2964 By: West (Rick) of the House |
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5| and |
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6| Sacchieri of the Senate |
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9| AS INTRODUCED |
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10| An Act relating to medical records; amending 76 O.S. |
| 2021, Section 19, which relates to access to medical |
11| records, copies, waiver of privilege, and exception |
| for inmates when threat to safety or security of self |
12| or institution; modifying the fee requirement to |
| discretionary; and providing an effective date. |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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17| SECTION 1. AMENDATORY 76 O.S. 2021, Section 19, is |
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18|amended to read as follows: |
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19| Section 19. A. 1. Any person who is or has been a patient of |
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20|a doctor, hospital or other medical institution shall be entitled, |
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21|upon request, to obtain access to the information contained in the |
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22|patient's medical records including any x-ray X-ray or other |
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23|photograph or image, pathology slide or the patient's medical bills. |
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24| Disclosure regarding a deceased patient shall require either a |
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1|court order or a written release of an executor, administrator or |
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2|personal representative appointed by the court, or if there is no |
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3|such appointment, by the spouse of the patient or, if none, by any |
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4|responsible member of the family of the patient. As used in this |
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5|paragraph, "responsible family member" shall mean the parent, adult |
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6|child, adult sibling or other adult relative who was actively |
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7|involved in providing care to or monitoring the care of the patient |
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8|as verified by the doctor, hospital or other medical institution |
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9|responsible for the care and treatment of such person. |
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10| 2. Any person who is or has been a patient of a doctor, |
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11|hospital or other medical institution shall be furnished copies of |
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12|all medical records including any x-ray X-ray, other photograph or |
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13|image, pathology slide or all medical bills pertaining to that |
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14|person's case upon request and upon the tender of the expenses |
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15|enumerated in this paragraph. The cost of each copy to such person |
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16|or to the personal representative, spouse or responsible family |
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17|member of such person, not including any x-ray X-ray or other |
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18|photograph or image or pathology slide, shall may be fifty cents |
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19|($0.50) for each page. Requests for medical records and medical |
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20|bills from attorneys, insurance companies and by way of subpoena |
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21|shall may be charged a base fee of Twenty Dollars ($20.00) in |
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22|addition to the per page charges required pursuant to this section, |
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23|plus postage or delivery fee. The base fee shall may be charged |
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24|regardless of whether any records related to the request are |
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1|located. A fee of Fifteen Dollars ($15.00) shall may be charged if |
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2|a certification or an affidavit by the provider regarding the |
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3|authenticity of the medical records or bills is requested. The |
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4|physician, hospital or other medical professionals and institutions, |
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5|or their business associates as the term is defined in Section |
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6|160.103 of Title 45 of the United States Code of Federal Regulations |
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7|shall may produce the records in digital form at the rate of thirty |
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8|cents ($0.30) per page if: |
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9| a. the entire request can be reproduced from an |
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10| electronic health record system, |
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11| b. the records are specifically requested to be |
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12| delivered in electronic format, and |
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13| c. the records can be delivered electronically. |
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14|If a provider or business associate transmits the records |
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15|electronically, no postage shall be charged but a delivery charge |
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16|shall may apply. In no event shall a charge for the reproduction of |
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17|electronically stored and delivered medical records pursuant to this |
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18|paragraph exceed Two Hundred Dollars ($200.00) plus postage or |
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19|delivery fee. The cost of each printed x-ray X-ray, other |
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20|photograph or image to such person or to the legal representative of |
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21|such person shall may be Fifteen Dollars ($15.00). If the x-ray |
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22|X-ray, other photograph or image is provided on a CD/DVD or other |
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23|electronic media, the fee shall may be Twenty Dollars ($20.00) per |
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24|CD/DVD or other electronic media. The physician, hospital, or other |
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1|medical professionals and institutions, or their business associates |
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2|as the term is defined in Section 160.103 of Title 45 of the United |
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3|States Code of Federal Regulations, shall not charge a person who |
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4|requests their his or her own record a fee for searching, |
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5|retrieving, reviewing, and preparing medical records of the person. |
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6|No mailing fee shall be charged for copies provided by facsimile. |
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7|All requests for medical records made pursuant to this subsection |
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8|shall may be subject to the fees described in this section |
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9|regardless of where the copies or electronic versions of such |
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10|records are actually produced. |
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11| 3. The provisions of paragraphs 1 and 2 of this subsection |
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12|shall not apply to psychological, psychiatric, mental health or |
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13|substance abuse treatment records. In the case of psychological, |
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14|psychiatric, mental health or substance abuse treatment records, |
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15|access to information contained in the records shall be obtained |
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16|pursuant to Section 1-109 of Title 43A of the Oklahoma Statutes. |
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17| 4. The provisions of paragraphs 1 and 2 of this subsection |
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18|shall not apply to requests for medical records made by the |
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19|Disability Determination Division of the State Department of |
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20|Rehabilitation Services. The fee for such requests shall be at a |
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21|rate allowed by the Social Security Administration. |
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22| B. 1. In cases involving a claim for personal injury or death |
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23|against any practitioner of the healing arts or a licensed hospital, |
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24|or a nursing facility or nursing home licensed pursuant to Section |
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1|1-1903 of Title 63 of the Oklahoma Statutes arising out of patient |
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2|care, where any person has placed the physical or mental condition |
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3|of that person in issue by the commencement of any action, |
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4|proceeding, or suit for damages, or where any person has placed in |
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5|issue the physical or mental condition of any other person or |
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6|deceased person by or through whom the person rightfully claims, |
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7|that person shall be deemed to waive any privilege granted by law |
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8|concerning any communication made to a physician or health care |
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9|provider with reference to any physical or mental condition or any |
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10|knowledge obtained by the physician or health care provider by |
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11|personal examination of the patient; provided that, before any |
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12|communication, medical or hospital record, or testimony is admitted |
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13|in evidence in any proceeding, it must be material and relevant to |
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14|an issue therein, according to existing rules of evidence. |
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15|Psychological, psychiatric, mental health and substance abuse |
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16|treatment records and information from psychological, psychiatric, |
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17|mental health and substance abuse treatment practitioners may only |
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18|be obtained provided the requirements of Section 1-109 of Title 43A |
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19|of the Oklahoma Statutes are met. |
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20| 2. Any person who obtains any document pursuant to the |
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21|provisions of this section shall provide copies of the document to |
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22|any opposing party in the proceeding upon payment of the expense of |
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23|copying the document pursuant to the provisions of this section. |
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1| C. This section shall not apply to the records of an inmate in |
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2|a correctional institution when the correctional institution |
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3|believes the release of such information to be a threat to the |
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4|safety or security of the inmate or the institution. |
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5| SECTION 2. This act shall become effective November 1, 2026. |
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7|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES |
|OVERSIGHT, dated 02/19/2026 - DO PASS, As Coauthored. |
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