1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|SENATE BILL 1798 By: Jett | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to freedom of conscience; creating | | the Medical Ethics Defense Act; providing short | 8| title; defining terms; granting certain rights to | | certain medical practitioners, health care | 9| institutions, or health care payers; limiting | | exercise of certain rights; granting certain | 10| immunities; prohibiting certain discrimination; | | requiring opt-in for abortion; providing certain | 11| construction; prohibiting and requiring certain | | actions by licensing board under certain conditions; | 12| authorizing and prohibiting certain civil actions; | | prohibiting certain defense; providing for recovery | 13| of damages and other relief; providing for | | codification; and providing an effective date. | 14| | | | 15| | | | 16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 17| SECTION 1. NEW LAW A new section of law to be codified | | | 18|in the Oklahoma Statutes as Section 1-728g of Title 63, unless there | | | 19|is created a duplication in numbering, reads as follows: | | | 20| This act may be known and cited as the "Medical Ethics Defense | | | 21|Act". | | | 22| SECTION 2. NEW LAW A new section of law to be codified | | | 23|in the Oklahoma Statutes as Section 1-728h of Title 63, unless there | | | 24|is created a duplication in numbering, reads as follows: | | | Req. No. 3539 Page 1 ___________________________________________________________________________
1| 1. "Conscience" means the ethical, moral, or religious beliefs | | | 2|or principles held by any medical practitioner, health care | | | 3|institution, or health care payer. Conscience with respect to | | | 4|institutional entities or corporate bodies, as opposed to individual | | | 5|persons, is determined by reference to that entity's or body's | | | 6|governing documents including, but not limited to, any published | | | 7|ethical, moral, or religious guidelines or directives; mission | | | 8|statements; constitutions; articles of incorporation; bylaws; | | | 9|policies; or regulations; | | | 10| 2. "Disclosure" means a formal or informal communication or | | | 11|transmission, but does not include a communication or transmission | | | 12|concerning policy decisions that lawfully exercise discretionary | | | 13|authority unless the medical practitioner providing the disclosure | | | 14|or transmission reasonably believes that the disclosure or | | | 15|transmission evinces: | | | 16| a. any violation of any law, rule, or regulation, | | | 17| b. any violation of any ethical guidelines for the | | | 18| provision of any medical procedure or service, or | | | 19| c. gross mismanagement, a gross waste of funds, an abuse | | | 20| of authority, practices or methods of treatment that | | | 21| may put patient health at risk, or a substantial and | | | 22| specific danger to public health or safety; | | | 23| 3. "Discrimination" means any adverse action taken against, or | | | 24|any threat of adverse action communicated to, any medical | | | Req. No. 3539 Page 2 ___________________________________________________________________________
1|practitioner, health care institution, or health care payer as a | | | 2|result of his, her, or its decision to decline to participate in a | | | 3|medical procedure or service on the basis of conscience. | | | 4|Discrimination includes, but is not limited to: | | | 5| a. termination of employment, | | | 6| b. transfer from current position, | | | 7| c. demotion from current position, | | | 8| d. adverse administrative action, | | | 9| e. reassignment to a different shift or job title, | | | 10| f. increased administrative duties, | | | 11| g. refusal of staff privileges, | | | 12| h. refusal of board certification, | | | 13| i. loss of career specialty, | | | 14| j. reduction of wages, benefits, or privileges, | | | 15| k. refusal to award a grant, contract, or other program, | | | 16| | | | 17| l. refusal to provide residency training opportunities, | | | 18| m. denial, deprivation, or disqualification of | | | 19| licensure, | | | 20| n. withholding or disqualifying from financial aid and | | | 21| other assistance, | | | 22| o. impediments to creating any health care institution | | | 23| or payer or expanding or improving such health care | | | 24| institution or payer, | | | Req. No. 3539 Page 3 ___________________________________________________________________________
1| p. impediments to acquiring, associating with, or | | | 2| merging with any other health care institution or | | | 3| payer, | | | 4| q. the threat thereof with regard to any of the | | | 5| preceding, or | | | 6| r. any other penalty, disciplinary, or retaliatory | | | 7| action, whether executed or threatened. | | | 8|However, discrimination excludes the negotiation or purchase of | | | 9|insurance by a nongovernment entity; | | | 10| 4. "Medical procedure or service" means medical care provided | | | 11|to any patient at any time over the entire course of treatment, or | | | 12|medical research. The term includes, but is not limited to, | | | 13|testing; diagnosis; referral; dispensing or administering any drug, | | | 14|medication, or device; psychological therapy or counseling; | | | 15|research; prognosis; therapy; record-making procedures; notes | | | 16|related to treatment; set up or performance of a surgery or | | | 17|procedure; or any other care or service performed or provided by any | | | 18|medical practitioner including, but not limited to, physicians, | | | 19|nurses, allied health professionals, paraprofessionals, contractors, | | | 20|or employees of health care institutions; | | | 21| 5. "Health care institution" means any organization, | | | 22|corporation, partnership, association, agency, network, sole | | | 23|proprietorship, joint venture, or other entity that provides medical | | | 24|procedures or services. The term includes, but is not limited to, | | | Req. No. 3539 Page 4 ___________________________________________________________________________
1|any public or private hospital, clinic, medical center, physician | | | 2|organization, professional association, ambulatory surgical center, | | | 3|private physician's office, pharmacy, nursing home, medical school, | | | 4|nursing school, medical training facility, or any other entity or | | | 5|location in which medical procedures or services are performed; | | | 6| 6. "Health care payer" means any employer, health plan, health | | | 7|maintenance organization, insurance company, management services | | | 8|organization, or any other entity that pays for, or arranges for the | | | 9|payment of, any medical procedure or service provided to any | | | 10|patient, whether that payment is made in whole or in part; | | | 11| 7. "Medical practitioner" means any person or individual who | | | 12|may be or is asked to participate in any way in any medical | | | 13|procedure or service. The term includes, but is not limited to, | | | 14|doctors, nurse practitioners, physician assistants, nurses, nurse | | | 15|aides, allied health professionals, medical assistants, hospital | | | 16|employees, clinic employees, nursing home employees, pharmacists, | | | 17|pharmacy technicians and employees, medical school faculty and | | | 18|students, nursing school faculty and students, psychology and | | | 19|counseling faculty and students, medical researchers, laboratory | | | 20|technicians, psychologists, psychiatrists, counselors, mental health | | | 21|professionals, social workers, or any other person who facilitates | | | 22|or participates in the provision of a medical procedure or service; | | | 23| 8. "Participate" means to provide, perform, assist with, | | | 24|facilitate, refer for, counsel for, advise with regard to, admit for | | | Req. No. 3539 Page 5 ___________________________________________________________________________
1|the purposes of providing, or take part in any way in providing any | | | 2|medical procedure or service, or any form of such service; and | | | 3| 9. "Pay" or "payment" means to pay for, contract for, arrange | | | 4|for the payment of, whether in whole or in part, reimburse, or | | | 5|remunerate. | | | 6| SECTION 3. NEW LAW A new section of law to be codified | | | 7|in the Oklahoma Statutes as Section 1-728i of Title 63, unless there | | | 8|is created a duplication in numbering, reads as follows: | | | 9| A. Freedom of Conscience. A medical practitioner, health care | | | 10|institution, or health care payer has the right not to participate | | | 11|in or pay for any medical procedure or service which violates his, | | | 12|her, or its conscience. | | | 13| B. Limitations. The exercise of the right of conscience is | | | 14|limited to conscience-based objections to a particular medical | | | 15|procedure or service. This section shall not be construed to waive | | | 16|or modify any duty a health care practitioner, health care | | | 17|institution, or health care payer may have to provide other medical | | | 18|procedures or services that do not violate the practitioner's, | | | 19|institution's, or payer's conscience. | | | 20| C. Immunity from Liability. No medical practitioner, health | | | 21|care institution, or health care payer shall be civilly, criminally, | | | 22|or administratively liable for exercising his, her, or its right of | | | 23|conscience not to participate in or pay for a medical procedure or | | | 24|service. No health care institution shall be civilly, criminally, | | | Req. No. 3539 Page 6 ___________________________________________________________________________
1|or administratively liable for the exercise of conscience rights not | | | 2|to participate in a medical procedure or service by a medical | | | 3|practitioner employed, contracted, or granted admitting privileges | | | 4|by the health care institution. | | | 5| D. Discrimination. No medical practitioner, health care | | | 6|institution, or health care payer shall be discriminated against in | | | 7|any manner as a result of his, her, or its decision to decline to | | | 8|participate in or pay for a medical procedure or service on the | | | 9|basis of conscience. | | | 10| E. Exception. Notwithstanding any other provision of this act | | | 11|to the contrary, a religious medical practitioner, health care | | | 12|institution, or health care payer that holds itself out to the | | | 13|public as religious, states in its governing documents that it has a | | | 14|religious purpose or mission, and has internal operating policies or | | | 15|procedures that implement its religious beliefs shall have the right | | | 16|to make employment, staffing, contracting, and admitting privilege | | | 17|decisions consistent with its religious beliefs. | | | 18| F. Opt-In Required. A health care practitioner may not be | | | 19|scheduled for, assigned, or requested to directly or indirectly | | | 20|perform, facilitate, refer for, or participate in an abortion unless | | | 21|the practitioner first affirmatively consents in writing to perform, | | | 22|facilitate, refer for, or participate in the abortion. This | | | 23|subsection does not establish a right to participate in an abortion | | | 24|otherwise prohibited by law. | | | Req. No. 3539 Page 7 ___________________________________________________________________________
1| G. Emergency Medical Treatments. Nothing in this act shall be | | | 2|construed to override the requirement to provide emergency medical | | | 3|treatment to all patients set forth in 42 U.S.C., Section 1395dd. | | | 4|Medical emergencies shall be subject to the definitions and | | | 5|requirements of Section 1-731.4 of Title 63 of the Oklahoma | | | 6|Statutes. | | | 7| SECTION 4. NEW LAW A new section of law to be codified | | | 8|in the Oklahoma Statutes as Section 1-728j of Title 63, unless there | | | 9|is created a duplication in numbering, reads as follows: | | | 10| A. No medical practitioner shall be discriminated against in | | | 11|any manner because the medical practitioner: | | | 12| 1. Provided, caused to be provided, or is about to provide or | | | 13|cause to be provided to his or her employer, the Attorney General, | | | 14|any state agency charged with protecting health care rights of | | | 15|conscience, the U.S. Department of Health and Human Services, the | | | 16|Office for Civil Rights, or any other federal agency charged with | | | 17|protecting health care rights of conscience information relating to | | | 18|any violation of, or any act or omission the medical practitioner | | | 19|reasonably believes to be a violation of, any provision of this act; | | | 20| 2. Testified or is about to testify in a proceeding concerning | | | 21|such violation; or | | | 22| 3. Assisted or participated, or is about to assist or | | | 23|participate, in such a proceeding. | | | 24| | | | Req. No. 3539 Page 8 ___________________________________________________________________________
1| B. Unless the disclosure is specifically prohibited by law, no | | | 2|medical practitioner shall be discriminated against in any manner | | | 3|because the medical practitioner disclosed any information that the | | | 4|medical practitioner reasonably believes evinces: | | | 5| 1. Any violation of any law, rule, or regulation; | | | 6| 2. Any violation of any ethical guidelines for the provision of | | | 7|any medical procedure or service; or | | | 8| 3. Gross mismanagement, a gross waste of funds, an abuse of | | | 9|authority, practices or methods of treatment that may put patient | | | 10|health at risk, or a substantial and specific danger to public | | | 11|health or safety. | | | 12| C. A licensing board may not reprimand, sanction, or revoke or | | | 13|threaten to revoke a license, certificate, or registration of a | | | 14|health care practitioner for engaging in speech or expressive | | | 15|activity protected under the First Amendment to the United States | | | 16|Constitution, unless the licensing board demonstrates beyond a | | | 17|reasonable doubt that the practitioner's speech was the direct cause | | | 18|of physical harm to a person with whom the health care practitioner | | | 19|had a practitioner-patient relationship within the three (3) years | | | 20|immediately preceding the incident of physical harm. | | | 21| 1. The licensing board shall provide a medical practitioner | | | 22|with any complaints it has received which may result in the | | | 23|revocation of the medical practitioner's license, certification, or | | | 24|registration, within seven (7) days after receipt of the complaint. | | | Req. No. 3539 Page 9 ___________________________________________________________________________
1| 2. The licensing board shall pay the medical practitioner an | | | 2|administrative penalty of Five Hundred Dollars ($500.00) for each | | | 3|day the complaint is not provided to the medical practitioner after | | | 4|the specified seven (7) days. | | | 5| SECTION 5. NEW LAW A new section of law to be codified | | | 6|in the Oklahoma Statutes as Section 1-728k of Title 63, unless there | | | 7|is created a duplication in numbering, reads as follows: | | | 8| A. Civil Action for Violation of Right of Conscience. A civil | | | 9|action for damages or injunctive relief, or both, may be brought by | | | 10|any medical practitioner, health care institution, or health care | | | 11|payer for any violation of any provision of this act. Any | | | 12|additional burden or expense on another medical practitioner, health | | | 13|care institution, or health care payer arising from the exercise of | | | 14|the right of conscience shall not be a defense to any violation of | | | 15|this act. However, no civil action may be brought against an | | | 16|individual who declines to use or purchase medical procedures or | | | 17|services from a specific medical practitioner, health care | | | 18|institution, or health care payer for exercising the rights granted | | | 19|in subsection A of Section 3 of this act. | | | 20| B. Other Remedies. Any party aggrieved by any violation of | | | 21|this act may commence a civil action and shall be entitled, upon the | | | 22|finding of a violation, to recover treble damages sustained, along | | | 23|with the costs of the action and reasonable attorney fees. Such | | | 24|damages shall be cumulative and in no way limited by any other | | | Req. No. 3539 Page 10 ___________________________________________________________________________
1|remedies which may be available under any other federal, state, or | | | 2|municipal law. A court considering such civil action may also award | | | 3|injunctive relief, which may include, but is not limited to, | | | 4|reinstatement of a medical practitioner to his or her previous | | | 5|position, reinstatement of board certification, and relicensure of a | | | 6|health care institution or health care payer. | | | 7| SECTION 6. This act shall become effective November 1, 2026. | | | 8| | | | 9| 60-2-3539 BRC 1/15/2026 5:15:52 AM | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 3539 Page 11