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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1328 By: Rosino
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6 AS INTRODUCED
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7 An Act relating to health care; amending 25 O.S.
7 2021, Section 2002, which relates to the Parents'
8 Bill of Rights; modifying exception to certain right;
8 amending 63 O.S. 2021, Section 2602, which relates to
9 medical treatment of minors; removing certain
9 prohibition on parental notice; clarifying
10 applicability of certain provisions; granting certain
10 right to parent or legal guardian; providing
11 exceptions; updating statutory language and
11 references; making language gender neutral; and
12 providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 25 O.S. 2021, Section 2002, is
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17 amended to read as follows:
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18 Section 2002. A. All parental rights are reserved to a parent
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19 of a minor child without obstruction or interference from this
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20 state, any political subdivision of this state, any other
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21 governmental entity, or any other institution, including, but not
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22 limited to, the following rights:
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23 1. The right to direct the education of the minor child;
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1 2. All rights of parents identified in Title 70 of the Oklahoma
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2 Statutes, including the right to access and review all school
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3 records relating to the minor child;
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4 3. The right to direct the upbringing of the minor child;
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5 4. The right to direct the moral or religious training of the
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6 minor child;
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7 5. The right to make healthcare health care decisions for the
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8 minor child, unless otherwise prohibited by law;
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9 6. The right to access and review all medical records of the
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10 minor child unless except as provided by subsection D of Section
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11 2602 of Title 63 of the Oklahoma Statutes or as otherwise prohibited
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12 provided by law or the parent is the subject of an investigation of
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13 a crime committed against the minor child and a law enforcement
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14 official requests that the information not be released;
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15 7. The right to consent in writing before a biometric scan of
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16 the minor child is made, shared, or stored;
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17 8. The right to consent in writing before any record of the
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18 minor child's blood or deoxyribonucleic acid (DNA) is created,
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19 stored, or shared, except as required by Sections 1-516 and 1-524.1
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20 of Title 63 of the Oklahoma Statutes, or unless authorized pursuant
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21 to a court order;
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22 9. The right to consent in writing before the state or any of
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23 its political subdivisions makes a video or voice recording of the
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24 minor child, unless the video or voice recording is made during or
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1 as a part of a court proceeding, by law enforcement officers during
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2 or as part of a law enforcement investigation, during or as part of
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3 a forensic interview in a criminal or Department of Human Services
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4 investigation, or to be used solely for any of the following:
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5 a. safety demonstrations, including the maintenance of
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6 order and discipline in the common areas of a school
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7 or on student transportation vehicles,
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8 b. a purpose related to a legitimate academic or
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9 extracurricular activity,
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10 c. a purpose related to regular classroom instruction,
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11 d. security or surveillance of buildings or grounds, and
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12 e. a photo identification card; and
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13 10. The right to be notified promptly if an employee of this
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14 state, any political subdivision of this state, any other
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15 governmental entity, or any other institution suspects that a
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16 criminal offense has been committed against the minor child by
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17 someone other than a parent, unless the incident has first been
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18 reported to law enforcement and notification of the parent would
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19 impede a law enforcement or Department of Human Services
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20 investigation. This paragraph does not create any new obligation
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21 for school districts and charter schools to report misconduct
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22 between students at school, such as fighting or aggressive play,
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23 that is routinely addressed as a student disciplinary matter by the
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24 school.
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1 B. This section does not authorize or allow a parent to engage
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2 in conduct that is unlawful or to abuse or neglect a child in
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3 violation of the laws of this state. This section shall not be
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4 construed to apply to a parental action or decision that would end
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5 life. This section does not prohibit courts, law enforcement
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6 officers, or employees of a government agency responsible for child
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7 welfare from acting in their official capacity within the reasonable
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8 and prudent scope of their authority. This section does not
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9 prohibit a court from issuing an order that is otherwise permitted
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10 by law.
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11 C. Any attempt to encourage or coerce a minor child to withhold
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12 information from the child's parent shall be grounds for discipline
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13 of an employee of this state, any political subdivision of this
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14 state, or any other governmental entity, except for law enforcement
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15 personnel.
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16 D. Unless those rights have been legally waived or legally
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17 terminated, parents have inalienable rights that are more
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18 comprehensive than those listed in this section. The Parents' Bill
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19 of Rights does not prescribe all rights of parents. Unless
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20 otherwise required by law, the rights of parents of minor children
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21 shall not be limited or denied. The Parents' Bill of Rights shall
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22 not be construed to apply to a parental action or decision that
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23 would end life.
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1 SECTION 2. AMENDATORY 63 O.S. 2021, Section 2602, is
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2 amended to read as follows:
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3 Section 2602. A. Notwithstanding any other provision of law,
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4 the following minors may consent to have services provided by health
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5 professionals in the following cases:
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6 1. Any minor who is married, has a dependent child, or is
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7 emancipated;
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8 2. Any minor who is separated from his or her parents or legal
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9 guardian for whatever reason and is not supported by his or her
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10 parents or legal guardian;
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11 3. Any minor who is or has been pregnant, or afflicted with any
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12 reportable communicable disease, drug and substance abuse, or
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13 abusive use of alcohol; provided, however, that such self-consent
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14 only applies to the prevention, diagnosis, and treatment of those
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15 conditions specified in this section. Any health professional who
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16 accepts the responsibility of providing such health services also
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17 assumes the obligation to provide counseling for the minor by a
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18 health professional. If the minor is found not to be pregnant nor
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19 suffering from a communicable disease nor drug or substance abuse
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20 nor abusive use of alcohol, the health professional shall not reveal
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21 any information whatsoever to the spouse, parent or legal guardian,
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22 without the consent of the minor;
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23 4. Any minor parent as to his or her child;
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1 5. Any spouse of a minor when the minor is unable to give
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2 consent by reason of physical or mental incapacity;
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3 6. Any minor who by reason of physical or mental capacity
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4 incapacity cannot give consent and has no known relatives or legal
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5 guardian, if two physicians agree on the health service to be given;
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6 7. Any minor in need of emergency services for conditions which
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7 will endanger his or her health or life if delay would result by
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8 obtaining consent from his or her spouse, parent, or legal guardian;
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9 provided, however, that the prescribing of any medicine or device
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10 for the prevention of pregnancy shall not be considered such an
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11 emergency service; or
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12 8. Any minor who is the victim of sexual assault; provided,
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13 however, that such self-consent only applies to a forensic medical
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14 examination by a qualified licensed health care professional.
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15 B. If any minor falsely represents facts that he may would
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16 authorize him or her to give consent under subsection A of this
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17 section and a health professional provides health services in good
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18 faith based upon that misrepresentation, the minor shall receive
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19 full services without the consent of the minor's parent or legal
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20 guardian and the health professional shall incur no liability except
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21 for lack of informed consent unless the provider acts with
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22 negligence or causes intentional harm. Consent of the minor shall
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23 not be subject to later disaffirmance or revocation because of his
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24 or her minority.
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1 B. C. The health professional shall be required to make a
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2 reasonable attempt to inform the spouse, parent, or legal guardian
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3 of the minor of any treatment needed or provided under paragraph 7
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4 of subsection A of this section. In all other instances in which a
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5 minor may consent to services under this section, the health
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6 professional may, but shall not be required to, inform the spouse,
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7 parent, or legal guardian of the minor of any treatment needed or
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8 provided. The judgment of the health professional as to
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9 notification shall be final, and his or her disclosure shall not
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10 constitute libel, slander, the breach of the right of privacy, or
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11 the breach of the rule of privileged communication, or result in any
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12 other breach that would incur liability.
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13 D. 1. Except as provided by paragraph 2 of this subsection:
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14 a. the parent or legal guardian of a minor shall have the
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15 right to access and review all medical records of the
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16 minor, and
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17 b. a health professional shall not prevent or restrict
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18 access to the minor's medical records by the parent or
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19 legal guardian.
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20 2. The provisions of paragraph 1 of this subsection shall not
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21 apply to cases:
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22 a. as described in paragraph 1, 2, 5, or 6 of subsection
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23 A of this section,
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1 b. where such access or review is prohibited by law or
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2 where such medical records are designated as
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3 privileged or confidential under applicable law,
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4 c. where the health professional has a reasonable belief
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5 that the minor has been or may be subject to domestic
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6 violence, abuse, or neglect by the parent or legal
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7 guardian, or
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8 d. where the health professional has a reasonable belief
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9 that release of the minor's medical records to the
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10 parent or legal guardian could endanger the safety of
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11 the minor.
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12 E. Information about the minor obtained through care by a
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13 health professional under the provisions of this act Section 2601 et
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14 seq. of this title shall not be disseminated to any health
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15 professional, school, law enforcement agency or official, court
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16 authority, nonjudicial government agency, or official employer,
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17 without the consent of the minor, except through court order or
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18 specific legal requirements or if the giving of the information is
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19 necessary to the health of the minor and public. Statistical
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20 reporting may be done when the minor's identity is kept
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21 confidential.
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22 F. The health professional shall not incur criminal liability
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23 for action under the provisions of this act Section 2601 et seq. of
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24 this title except for negligence or intentional harm.
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1 SECTION 3. This act shall become effective November 1, 2026.
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3 60-2-2203 DC 12/29/2025 5:33:14 PM
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Req. No. 2203 Page 9Every fact on this page links to its source, starting with the official bill record.