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
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1637 By: Jett
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6 AS INTRODUCED
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7 An Act relating to parental rights; creating the
7 Parental Medical Rights Protection Act; providing
8 short title; stating legislative findings; defining
8 term; prohibiting removal of child from custodial
9 parent under certain circumstances; providing
9 exception; requiring showing of clear and convincing
10 evidence for certain removals; authorizing rebuttal
10 of determination by showing of certain evidence;
11 requiring court to allow discovery and expert
11 testimony in certain actions; prohibiting judicial
12 notice of certain matters; providing exception;
12 prohibiting issuance of certain emergency removal
13 order without certain finding; construing provisions;
13 providing for noncodification; providing for
14 codification; and providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law not to be
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19 codified in the Oklahoma Statutes reads as follows:
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20 A. This act shall be known and may be cited as the "Parental
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21 Medical Rights Protection Act".
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22 B. The Legislature finds that parents have a fundamental right
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23 to direct the medical care of their children and that the State of
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24 Oklahoma's interest in child welfare must be balanced against this
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Req. No. 2319 Page 1
1 right. This Act limits the authority of the Department of Human
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2 Services to remove a child solely on allegations of medical neglect.
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3 This Act shall be liberally construed to protect the fundamental
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4 right of parents to make medical decisions for their children,
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5 consistent with the Constitutions of the United States and the State
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6 of Oklahoma.
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7 SECTION 2. NEW LAW A new section of law to be codified
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8 in the Oklahoma Statutes as Section 1-3-105 of Title 10A, unless
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9 there is created a duplication in numbering, reads as follows:
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10 A. As used in this act, "medical necessity" means a condition
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11 in which the absence of a specific treatment is reasonably certain
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12 to result in death or permanent, irreversible physical impairment,
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13 and where a safe and efficacious treatment exists that is reasonably
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14 expected to prevent such outcome without causing a disproportionate
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15 risk of serious harm.
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16 B. No child shall be removed from the custody of a parent based
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17 solely on allegations of neglect, as defined in Section 1-1-105 of
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18 Title 10A of the Oklahoma Statutes, for the failure or omission to
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19 provide medical care unless it is shown by clear and convincing
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20 evidence that:
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21 1. The proposed medical treatment is medically necessary to
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22 prevent imminent death or permanent disability; and
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23 2. The parent or guardian has refused or failed to obtain such
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24 treatment after being fully informed, in writing or by sworn
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Req. No. 2319 Page 2
1 testimony, of such medical necessity by a licensed health care
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2 provider.
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3 C. A parent or guardian may rebut a showing of medical
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4 necessity by demonstrating that:
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5 1. The child is receiving, or will receive, treatment under the
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6 care of a licensed, registered, or credentialed medical or
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7 alternative treatment professional authorized to treat the condition
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8 within the scope of his or her recognized practice; and
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9 2. The professional holds credentials recognized by any state
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10 or federal authority and maintains active malpractice or
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11 professional liability insurance.
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12 D. The court shall allow parents to obtain discovery and
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13 present expert testimony to rebut evidence of medical necessity.
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14 The court shall not take judicial notice of contested scientific or
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15 medical matters unless all parties agree or such evidence is
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16 established through admissible expert testimony.
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17 E. In cases alleging medical neglect, no emergency removal
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18 order pursuant to Section 1-4-201 of Title 10A of the Oklahoma
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19 Statutes shall issue unless the court also finds clear and
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20 convincing evidence of other acts or threats of physical abuse
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21 posing an imminent risk to the child's safety.
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22 F. Nothing in this act shall be construed to prevent the
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23 Department of Human Services or law enforcement from acting in cases
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24 of immediate and substantial risk of death or physical injury,
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1 provided that such action is narrowly tailored to address the
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2 specific emergency and is subject to judicial review by a district
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3 court within twenty-four (24) hours.
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4 SECTION 3. This act shall become effective November 1, 2026.
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6 60-2-2319 TEK 1/13/2026 6:38:22 PM
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Req. No. 2319 Page 4Every fact on this page links to its source, starting with the official bill record.