1| SENATE FLOOR VERSION | | March 3, 2025 | 2| | | | 3|SENATE BILL NO. 761 By: McIntosh, Sacchieri, and | | Hamilton | 4| | | | 5| | | | 6| An Act relating to health care; creating the Lori | | Brand Patient Bill of Rights Act of 2025; providing | 7| short title; creating a list of rights for a patient | | seeking treatment; specifying certain | 8| responsibilities of patients seeking treatment; | | creating certain rights for minor patients seeking | 9| treatment; specifying certain responsibilities of | | parents of minor patients seeking treatment; | 10| providing for codification; and providing an | | effective date. | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. NEW LAW A new section of law to be codified | | | 15|in the Oklahoma Statutes as Section 3501 of Title 63, unless there | | | 16|is created a duplication in numbering, reads as follows: | | | 17| This act shall be known and may be cited as the "Lori Brand | | | 18|Patient Bill of Rights Act of 2025". | | | 19| SECTION 2. NEW LAW A new section of law to be codified | | | 20|in the Oklahoma Statutes as Section 3501.1 of Title 63, unless there | | | 21|is created a duplication in numbering, reads as follows: | | | 22| A. Each patient treated in this state shall have the following | | | 23|rights when being treated: | | | 24| | | | arsid9926213 SENATE FLOOR VERSION - SB761 SFLR Page 1 ___________________________________________________________________________
1| 1. The right to considerate and respectful care, provided in a | | | 2|safe environment, free from all forms of abuse, neglect, harassment, | | | 3|or exploitation; | | | 4| 2. To receive information in a manner that he or she | | | 5|understands. Communications with the patient shall be effective and | | | 6|provided in a manner that facilitates understanding by the patient. | | | 7|Written information provided will be appropriate to the age, | | | 8|understanding, and, as appropriate, the language of the patient. As | | | 9|appropriate, communications specific to the vision-, speech-, | | | 10|hearing-, cognitive-, and language-impaired patient will be | | | 11|provided. The hospital shall meet the requirements of federal | | | 12|regulations that require program and facility accessibility; | | | 13| 3. To receive as much information about any proposed treatment | | | 14|or procedure as he or she may need in order to give informed consent | | | 15|or to refuse the course of treatment. Except in emergencies, this | | | 16|shall include a description of the procedure or treatment, the | | | 17|medically significant risks involved in the procedure or treatment, | | | 18|alternate courses of treatment or nontreatment and the risks | | | 19|involved in each, and the name of the person who will carry out the | | | 20|procedure or treatment; | | | 21| 4. To receive the name of the doctor who has primary | | | 22|responsibility for coordinating his or her care; | | | 23| 5. To have an advance directive for health care concerning | | | 24|treatment or to designate a surrogate decision-maker with the | | | arsid9926213 SENATE FLOOR VERSION - SB761 SFLR Page 2 ___________________________________________________________________________
1|expectation that the hospital will honor the intent of that | | | 2|directive to the extent allowed by law and hospital policy. The | | | 3|health care provider must advise a patient of his or her rights | | | 4|under state law and hospital policy to make informed medical | | | 5|decisions, ask if the patient has an advance directive, and include | | | 6|that information in patient records. The patient has the right to | | | 7|timely information about hospital policy that may limit its ability | | | 8|to implement a legally valid advance directive; | | | 9| 6. To participate in the development and implementation of his | | | 10|or her plan of care and actively participate in decisions regarding | | | 11|his or her medical care; | | | 12| 7. To accept medical care or to refuse treatment, to the extent | | | 13|permitted by law, and to be informed of the consequences of such | | | 14|refusal; | | | 15| 8. To become informed of his or her rights as a patient in | | | 16|advance of, or when discontinuing, the provision of care. The | | | 17|patient may appoint a representative to receive this information | | | 18|should he or she so desire; | | | 19| 9. To have a family member or representative of his or her | | | 20|choice notified promptly of his or her admission to the hospital; | | | 21| 10. To request that no information regarding his or her | | | 22|admittance, diagnosis, or treatment be released; | | | 23| 11. To full consideration of privacy concerning his or her | | | 24|medical care program. Case discussion, consultation, examination, | | | arsid9926213 SENATE FLOOR VERSION - SB761 SFLR Page 3 ___________________________________________________________________________
1|and treatment are confidential and should be conducted discreetly to | | | 2|protect privacy. The patient has the right to be advised as to the | | | 3|reason for the presence of any individual involved in his or her | | | 4|health care; | | | 5| 12. To access his or her medical records, including current | | | 6|medical records, upon a verbal or written request, in the form and | | | 7|format requested by the individual, if it is readily producible in | | | 8|such form and format (including in an electronic form or format when | | | 9|such medical records are maintained electronically); or, if not, in | | | 10|a readable hard copy form or such other form and format as agreed to | | | 11|by the facility and the individual, and within a reasonable time | | | 12|frame. The hospital must not frustrate the legitimate efforts of | | | 13|individuals to gain access to their own medical records and must | | | 14|actively seek to meet these requests as quickly as its record | | | 15|keeping system permits; | | | 16| 13. To reasonable continuity of care, when appropriate, and to | | | 17|be informed by the doctor and other caregivers of available and | | | 18|realistic patient care options when hospital care is no longer | | | 19|appropriate; | | | 20| 14. To confidential treatment of all communications and records | | | 21|pertaining to his or her care and stay at the hospital. The | | | 22|patient's written authorization shall be obtained before his or her | | | 23|medical records can be made available to anyone not directly | | | 24|concerned with his or her care; | | | arsid9926213 SENATE FLOOR VERSION - SB761 SFLR Page 4 ___________________________________________________________________________
1| 15. To expect that, within its capacity and policies, the | | | 2|hospital will make a reasonable response to the request of a patient | | | 3|for appropriate and medically directed care and services. The | | | 4|hospital must provide evaluation, service, and or a referral as | | | 5|indicated by the urgency of the case. When medically appropriate | | | 6|and legally permissible, or when a patient has requested a transfer, | | | 7|that patient may be transferred to another facility. The receiving | | | 8|facility must have first accepted the patient for transfer. The | | | 9|patient must also have the benefit of the complete information and | | | 10|explanation concerning the need for, risks and benefits of, and | | | 11|alternatives to such a transfer; | | | 12| 16. The patient or patient's representative has the right to | | | 13|participate in the consideration of ethical issues that might arise | | | 14|in the care of the patient. The hospital shall have a mechanism for | | | 15|the consideration of ethical issues arising in the care of patients | | | 16|and to provide education to caregivers and patients on ethical | | | 17|issues in health care; | | | 18| 17. To be advised of the hospital's complaint or grievance | | | 19|process should the patient wish to communicate a concern regarding | | | 20|the quality of care he or she receives. This process shall include | | | 21|whom to contact to file a complaint. The patient shall be provided | | | 22|with a written notice of the complaint determination that contains | | | 23|the contact information of the patient advocate or similar person or | | | 24|department, the steps taken on his or her behalf to investigate the | | | arsid9926213 SENATE FLOOR VERSION - SB761 SFLR Page 5 ___________________________________________________________________________
1|complaint, the results of the complaint and, when possible, the | | | 2|resolution of the complaint concerning the quality of care; | | | 3| 18. If the patient is sixty-five (65) years of age or older, | | | 4|the message from Medicare outlining the rights of the elderly shall | | | 5|be provided to the patient at the time of his or her admission to | | | 6|the hospital; | | | 7| 19. To be advised if a hospital or doctor proposes to engage in | | | 8|medical education, training examinations with students or other | | | 9|personnel, research studies, or human experimentation affecting the | | | 10|patient's care or treatment. The patient has the right to consent | | | 11|or refuse to participate in and to have such education, training | | | 12|examinations, research studies, or experiments fully explained prior | | | 13|to consent. All information provided to subjects shall be contained | | | 14|in the medical record or research file, along with the consent | | | 15|forms. Refusal to participate or discontinuation of participation | | | 16|shall not compromise the patient's right to access care, treatment, | | | 17|or services; | | | 18| 20. To examine and receive an explanation of his or her bill | | | 19|regardless of source of payment; | | | 20| 21. To find publicly disclosed on any website for the hospital | | | 21|any language that would put a reasonable person on notice as to | | | 22|whether the hospital may be corporately-owned or physician-owned. | | | 23|For purposes of this section, a public website for the hospital does | | | 24|not include, by way of example: social media websites, electronic | | | arsid9926213 SENATE FLOOR VERSION - SB761 SFLR Page 6 ___________________________________________________________________________
1|payment portals, electronic patient care portals, or electronic | | | 2|health information exchanges; | | | 3| 22. To remain free from restraints or seclusion in any forms | | | 4|that are not medically necessary or are used as a means of coercion, | | | 5|discipline, convenience, or retaliation by staff; | | | 6| 23. To receive the visitors whom he or she designates, | | | 7|including, but not limited to, a spouse, a domestic partner, | | | 8|including a same-sex domestic partner, another family member, or a | | | 9|friend. The patient has the right to withdraw or deny consent at | | | 10|any time. Visitation shall not be restricted, limited, or otherwise | | | 11|denied on the basis of race, color, national origin, religion, sex, | | | 12|disease type or state, or disability; and | | | 13| 24. Through use of the Hospital-Issued Notice of Noncoverage, | | | 14|Medicare beneficiaries have the right to be informed in advance of | | | 15|procedures or treatment for which Medicare may deny payment, and | | | 16|that the beneficiary may be personally responsible for full payment | | | 17|if Medicare denies payment. | | | 18| B. A patient, guardian of a patient, or legally authorized | | | 19|representative of a patient shall have the following | | | 20|responsibilities: | | | 21| 1. To provide accurate and complete information concerning the | | | 22|patient's present complaints, past illnesses, hospitalizations, | | | 23|medications, and other matters relating to his or her health; | | | 24| | | | arsid9926213 SENATE FLOOR VERSION - SB761 SFLR Page 7 ___________________________________________________________________________
1| 2. To report perceived risks in the patient's care and | | | 2|unexpected changes in his or her condition to the responsible health | | | 3|care provider; | | | 4| 3. For the patient's actions should he or she refuse treatment | | | 5|or not follow his or her doctor's orders; | | | 6| 4. To ask questions when the patient does not understand what | | | 7|he or she has been told about the patient's care or what he or she | | | 8|is expected to do; | | | 9| 5. To be considerate of the rights of other patients and | | | 10|hospital personnel; | | | 11| 6. To participate in educational and discharge planning | | | 12|activities necessary to ensure that he or she has adequate knowledge | | | 13|and support services to provide him or her with a safe environment | | | 14|upon discharge from the hospital; | | | 15| 7. To ask the doctor or nurse what to expect regarding pain | | | 16|management, to discuss pain relief options with doctors and nurses | | | 17|and to help develop a pain management plan, to ask for pain relief | | | 18|when pain first begins, to help doctors and nurses assess the | | | 19|patient's pain, to tell the doctors and nurses if his or her pain is | | | 20|not relieved, and to tell doctors and nurses about any concerns | | | 21|about taking pain medication; | | | 22| 8. For keeping appointments and for notifying the hospital or | | | 23|doctor when he or she is unable to do so; | | | 24| | | | arsid9926213 SENATE FLOOR VERSION - SB761 SFLR Page 8 ___________________________________________________________________________
1| 9. Being respectful of his or her personal property and that of | | | 2|other patients in the hospital; | | | 3| 10. Following hospital procedures; and | | | 4| 11. Assuring that the financial obligations of his or her care | | | 5|is fulfilled as promptly as possible. | | | 6| C. Any minor patient has the following rights when being | | | 7|treated in this state: | | | 8| 1. To be treated with respect in regards to: | | | 9| a. each child and adolescent as a unique individual, and | | | 10| | | | 11| b. the caretaking role and individual response of the | | | 12| parent and legal guardian; | | | 13| 2. To provisions for normal physical and physiological needs of | | | 14|a growing child including nutrition, rest, sleep, warmth, activity, | | | 15|and freedom to move and explore. Minors shall have the right to: | | | 16| a. appropriate treatment in the least restrictive | | | 17| setting, | | | 18| b. not receive unnecessary or excessive medication, | | | 19| c. an individualized treatment plan and the right to | | | 20| participate in the plan, | | | 21| d. a humane treatment environment that provides | | | 22| reasonable protection from harm and appropriate | | | 23| privacy for personal needs, | | | 24| e. separation from adult patients when possible, and | | | arsid9926213 SENATE FLOOR VERSION - SB761 SFLR Page 9 ___________________________________________________________________________
1| f. regular communication between the minor patient and | | | 2| the patient's family or legal guardian; | | | 3| 3. To consistent, supportive, and nurturing care which: | | | 4| a. meets the emotional and psychosocial needs of the | | | 5| minor, and | | | 6| b. fosters open communication; | | | 7| 4. To provisions for self-esteem needs which will be met by | | | 8|attempts to give the minor: | | | 9| a. the reassuring presence of a parent, guardian, or | | | 10| designee of the parent or guardian, | | | 11| b. freedom to express feelings or fears with appropriate | | | 12| reactions, | | | 13| c. as much control as possible over both self and | | | 14| situation, | | | 15| d. opportunities to work through experiences before and | | | 16| after they occur, verbally, in play, or in other | | | 17| appropriate ways, and | | | 18| e. recognition for coping well during difficult | | | 19| situations; | | | 20| 5. To provisions for varied and normal stimuli of life which | | | 21|contributes to cognitive, social, emotional, and physical | | | 22|developmental needs such as play, educational, and social activities | | | 23|essential to all children and adolescents; | | | 24| | | | arsid9926213 SENATE FLOOR VERSION - SB761 SFLR Page 10 ___________________________________________________________________________
1| 6. To information about what to expect prior to, during, and | | | 2|following a procedure or experience and support in coping with it; | | | 3| 7. To participate with the minor's parent or guardian in | | | 4|decisions affecting his or her own medical treatment; and | | | 5| 8. To the minimization of stay duration by recognizing | | | 6|discharge planning needs. | | | 7| D. All parents and legal guardians of minor patients in this | | | 8|state shall have the following responsibilities: | | | 9| 1. To continue in their parenting role to the extent of their | | | 10|ability; and | | | 11| 2. To be available to participate in decision-making and | | | 12|provide staff with knowledge of other parent or family whereabouts. | | | 13| SECTION 3. This act shall become effective November 1, 2025. | | | 14|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES | |March 3, 2025 - DO PASS | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid9926213 SENATE FLOOR VERSION - SB761 SFLR Page 11