1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 3136 By: West (Kevin) | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to health care providers; defining | | terms; establishing rights for health care providers; | 8| providing protections from liability; providing an | | exception due to bona fide medical emergency; | 9| providing for enforcement; providing whistleblower | | protections; establishing federal law compliance; | 10| providing for codification; and providing an | | effective date. | 11| | | | 12| | | | 13| | | | 14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 15| SECTION 1. NEW LAW A new section of law to be codified | | | 16|in the Oklahoma Statutes as Section 1-728g of Title 63, unless there | | | 17|is created a duplication in numbering, reads as follows: | | | 18| As used in this act: | | | 19| 1. "Conscientious objection" means an inability to perform, | | | 20|participate in, or assist with a medical service due to moral, | | | 21|ethical, or religious beliefs; | | | 22| 2. "Health care institution" means any hospital, clinic, | | | 23|surgical center, or other entity employing or contracting health | | | 24|care providers; | | | Req. No. 14259 Page 1 ___________________________________________________________________________
1| 3. "Health care provider" means a licensed physician, nurse, | | | 2|physician assistant, pharmacist, or other individual directly | | | 3|involved in patient care; and | | | 4| 4. "Medical procedure or service" means any research, | | | 5|treatment, procedure, or intervention provided for health purposes. | | | 6| SECTION 2. NEW LAW A new section of law to be codified | | | 7|in the Oklahoma Statutes as Section 1-728h of Title 63, unless there | | | 8|is created a duplication in numbering, reads as follows: | | | 9| A. Health care providers may assert a conscientious objection | | | 10|to performing or participating in any medical procedure or service | | | 11|that conflicts with their conscience. | | | 12| B. Conscientious objection applies to individual providers, | | | 13|ancillary staff, and institutions where the medical procedure or | | | 14|service is the basis for the conscientious objection. | | | 15| C. Health care providers shall submit written notification of | | | 16|refusal to their employing institution or supervising authority. | | | 17|The notice shall: | | | 18| 1. Identify the provider; | | | 19| 2. Reference conscience as the basis; | | | 20| 3. List the medical procedure or service being refused; and | | | 21| 4. Be submitted in paper or electronic form as soon as | | | 22|practical when the health care provider becomes aware of the need to | | | 23|assert a conscientious objection. The format shall be minimally | | | 24|burdensome. | | | Req. No. 14259 Page 2 ___________________________________________________________________________
1| SECTION 3. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 1-728i of Title 63, unless there | | | 3|is created a duplication in numbering, reads as follows: | | | 4| A Health care providers and institutions acting in good faith | | | 5|under this act are immune from civil, professional, or | | | 6|administrative liability arising from the health care provider's | | | 7|assertion of the conscientious objection. | | | 8| B. Health care providers shall not be disciplined, terminated, | | | 9|or have privileges revoked solely for exercising conscience-based | | | 10|refusal. | | | 11| SECTION 4. NEW LAW A new section of law to be codified | | | 12|in the Oklahoma Statutes as Section 1-728j of Title 63, unless there | | | 13|is created a duplication in numbering, reads as follows: | | | 14| The right to assert a conscientious objection protected by this | | | 15|act shall not apply if it conflicts with the requirements of the | | | 16|Emergency Medical and Labor Act, 42 U.S.C., Section 1395dd, or any | | | 17|state law that regulates the provision of emergency medical service. | | | 18| SECTION 5. NEW LAW A new section of law to be codified | | | 19|in the Oklahoma Statutes as Section 1-728k of Title 63, unless there | | | 20|is created a duplication in numbering, reads as follows: | | | 21| A. Health care providers who report violations of this act | | | 22|shall not be retaliated against. | | | 23| B. Complaints regarding violations shall be submitted to the | | | 24|State Department of Health or designated state office. | | | Req. No. 14259 Page 3 ___________________________________________________________________________
1| C. Health care providers aggrieved by any violation of this act | | | 2|may bring a private right of action and shall be entitled upon the | | | 3|finding of a violation to injunctive and declaratory relief, and to | | | 4|recover damages sustained, along with the costs of the action and | | | 5|reasonable attorney fees. | | | 6| SECTION 6. NEW LAW A new section of law to be codified | | | 7|in the Oklahoma Statutes as Section 1-728l of Title 63, unless there | | | 8|is created a duplication in numbering, reads as follows: | | | 9| Nothing is this act requires violation of federal law or | | | 10|jeopardizes federal funding for institutions or health care | | | 11|providers. | | | 12| SECTION 7. This act shall become effective November 1, 2026. | | | 13| | | | 14| 60-2-14259 TJ 01/05/26 | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 14259 Page 4