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 1901 By: Jett
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6 AS INTRODUCED
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7 An Act relating to public health and safety;
7 prohibiting certain actions by certain entities;
8 requiring certain information be electronically
8 recorded; authorizing the report of certain
9 violations; providing certain protections;
9 authorizing the promulgation of rules; establishing
10 certain civil penalty; amending 63 O.S. 2021, Section
10 3122, which relates to the determination of death;
11 requiring secondary verification of death by certain
11 individuals; updating statutory language; providing
12 for codification; and 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. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 2200.28A of Title 63, unless
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18 there is created a duplication in numbering, reads as follows:
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19 A. Hospital staff, representatives of procurement
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20 organizations, or any other party involved with the procurement of
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21 anatomical gifts or the determination of death of a prospective
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22 donor or decedent shall not make inquiries relating to, or otherwise
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23 discuss, potential anatomical gifts with the immediate family of a
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24 decedent within twenty-four (24) hours of the official determination
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1 of death of such decedent pursuant to Section 3122 of Title 63 of
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2 the Oklahoma Statutes.
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3 B. Hospital staff, representatives of procurement
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4 organizations, or any other party involved with the procurement of
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5 anatomical gifts or the determination of death of a prospective
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6 donor or decedent, in the course of discussing the collection of
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7 potential anatomical gifts with the immediate family of a decedent,
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8 shall not:
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9 1. Misrepresent the status of the LifeShare Donor Registry;
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10 2. Imply that the donation of an anatomical gift will hasten
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11 end-of-life care; or
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12 3. Suggest financial compensation for an anatomical gift.
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13 C. A procurement organization or its representatives shall
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14 provide families of prospective donors or decedents:
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15 1. Full disclosure of potential conflicts of interest;
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16 2. A written summary of the donation process; and
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17 3. Contact information for an independent state ombudsperson
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18 for complaints.
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19 All discussions of potential anatomical gifts between an organ
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20 processing organization and the family of a potential donor or
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21 decedent shall, with the written consent of the family of a
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22 potential donor or decedent, be electronically recorded.
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23 D. Any person may report to the State Department of Health any
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24 violation of the provisions of this section. If a person who
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1 reports such violations to the Department is an employee of the
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2 entity that is the subject of the violation, that person shall be
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3 granted anonymity, and such entity shall not take disciplinary
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4 action against such person.
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5 E. The Department shall investigate all reports of violations
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6 of this section. The State Commissioner of Health may promulgate
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7 rules to enforce the provisions of this section.
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8 F. Hospital staff, representatives of procurement
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9 organizations, or any other party involved with the procurement of
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10 anatomical gifts or the determination of death of a decedent who
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11 violates the provisions of this section shall be subject to a civil
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12 penalty not to exceed Fifty Thousand Dollars ($50,000.00) for each
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13 violation. Each individual violation shall be considered a separate
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14 violation
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15 SECTION 2. AMENDATORY 63 O.S. 2021, Section 3122, is
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16 amended to read as follows:
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17 Section 3122. A. An individual who has sustained either:
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18 1. irreversible Irreversible cessation of circulatory and
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19 respiratory functions,; or
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20 2. irreversible Irreversible cessation of all functions of the
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21 entire brain, including the brain stem,
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22 is dead. A determination of death must be made in accordance with
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23 accepted medical standards; provided, however, all reasonable
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1 attempts to restore spontaneous circulatory or respiratory functions
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2 shall first be made, prior to such declaration.
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3 B. For the purpose of anatomical gifts, any declaration of
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4 death listed in subsection A of this section shall be confirmed by a
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5 second, independent neurologist or licensed physician who is not
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6 affiliated with the treating hospital, transplant team, organ
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7 procurement organization, or anatomical donor program.
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8 SECTION 3. This act shall become effective November 1, 2026.
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10 60-2-3116 BRC 1/15/2026 8:39:48 AM
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Req. No. 3116 Page 4Every fact on this page links to its source, starting with the official bill record.