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Oklahoma Legislature· HB 1172Referred to Criminal Judiciary

An act relating to crimes and punishments, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1172            By: Stark

4

5

6                            AS INTRODUCED

7   An Act relating to crimes and punishments; making

    certain acts unlawful; providing exceptions;

8   providing penalties; defining terms; providing for

    codification; and providing an effective date.

9

10

11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

12  SECTION 1.      NEW LAW  A new section of law to be codified

13 in the Oklahoma Statutes as Section 650.12 of Title 21, unless there

14 is created a duplication in numbering, reads as follows:

15  A. It shall be unlawful for a health care provider, in the

16 course of participating in or overseeing a professional instruction

17 or clinical training program, or a student undertaking a course of

18 instruction or participating in a clinical training or residency

19 program for a profession, to perform a breast, pelvic, urogenital,

20 prostate, or rectal examination on a patient who is anesthetized or

21 unconscious, unless one of the following conditions is met:

22  1. The patient or authorized representative of the patient has

23 provided prior written informed consent to the examination, and the

24

    Req. No. 10116                                              Page 1
1 examination is necessary for preventative, diagnostic, treatment, or

2 educational purposes;

3   2. The patient or authorized representative of the patient has

4 provided prior written informed consent to a surgical procedure or

5 diagnostic examination to be performed on the patient, and the

6 performance of the examination is within the scope of care ordered

7 for that surgical procedure or diagnostic examination;

8   3. An emergency exists, it is impracticable to obtain written

9 informed consent, and the examination is necessary for diagnostic or

10 treatment purposes; or

11  4. A court has ordered the performance of the examination for

12 the purpose of the collection of evidence.

13  A health care provider or student who violates the provisions of

14 this section shall, upon conviction, be guilty of a felony

15 punishable by imprisonment in the custody of the Department of

16 Corrections for a term of not more than five (5) years, or a fine of

17 not less than Twenty Thousand Dollars ($20,000.00), or by both such

18 fine and imprisonment. In addition to the penalties provided for in

19 this subsection, the person shall be subject to penalties

20 established pursuant to law by the licensing board which has

21 authority to regulate the health care provider or student.

22  B. As used in this section:

23  1. "Authorized representative" means an individual who is

24 authorized to make health care decisions for or exercise rights on

    Req. No. 10116                                                 Page 2
1 behalf of the patient including, for a patient who is under eighteen

2 (18) years of age, the parent or legal guardian of the patient;

3       2. "Health care provider" means a person who is licensed,

4 certified, or otherwise authorized by the laws of this state to

5 administer health care in the ordinary course of business or

6 practice of a profession;

7       3. "Patient" means an individual under the care of a health

8 care provider or authorized representative;

9       4. "Student" means an individual currently enrolled in an

10 approved medical college, education program, or training program;

11 and

12      5. "Written informed consent" means the written consent of a

13 patient to the performance of an examination after the patient has

14 received a description of the examination, the purpose for providing

15 the examination, and any risks or alternatives to the examination so

16 that a reasonably prudent patient may make an informed decision as

17 to the examination.

18      SECTION 2. This act shall become effective November 1, 2025.

19

20      60-1-10116  GRS      01/07/25

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    Req. No. 10116                                                 Page 3
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