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 2002 By: Dossett
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6 AS INTRODUCED
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7 An Act relating to substance-impacted perinatal
7 women; defining terms; authorizing certain
8 recommendation by health care provider; granting
8 certain immunity from prosecution to substance-
9 impacted perinatal women; authorizing certain action
9 by district attorney; granting certain civil immunity
10 to health care providers; providing certain
10 construction; amending 63 O.S. 2021, Section 1-546.5,
11 which relates to district attorney multidisciplinary
11 teams; limiting certain appropriate disposition;
12 modifying composition of multidisciplinary teams;
12 providing for codification; and providing an
13 effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. NEW LAW A new section of law to be codified
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18 in the Oklahoma Statutes as Section 1-546.6 of Title 63, unless
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19 there is created a duplication in numbering, reads as follows:
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20 A. As used in this section:
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21 1. "Health care provider" means any person or other entity who
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22 is licensed pursuant to the provisions of Title 59 or Title 63 of
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23 the Oklahoma Statutes, or pursuant to the laws of another state, to
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1 render health care services in the practice of a profession or in
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2 the ordinary course of business;
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3 2. "Pregnancy-based conduct" means the use of alcohol or an
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4 unprescribed controlled dangerous substance by a substance-impacted
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5 perinatal woman that is alleged to affect the woman's health or the
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6 actual or perceived health, safety, or well-being of the embryo,
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7 fetus, or newborn;
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8 3. "Qualified program" means an addiction recovery or other
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9 behavioral health program certified by the Department of Mental
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10 Health and Substance Abuse Services or a community- or faith-based
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11 program; and
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12 4. "Substance-impacted perinatal woman" means a biological
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13 woman who used a controlled dangerous substance while pregnant or
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14 within twelve (12) months of the conclusion of a pregnancy.
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15 B. If a health care provider identifies a substance-impacted
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16 perinatal woman who has knowingly and repeatedly used alcohol or an
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17 unprescribed controlled dangerous substance, the health care
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18 provider may recommend enrollment in a qualified program.
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19 C. A substance-impacted perinatal woman shall not be subject to
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20 investigation, arrest, or prosecution solely based on her use of any
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21 controlled dangerous substance pursuant to a valid prescription
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22 issued to her by a health care provider and used in accordance with
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23 that prescription.
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1 D. If a substance-impacted perinatal woman is already enrolled
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2 in or making a good-faith effort to enroll in and, due to lack of
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3 available treatment capacity or another barrier outside of her
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4 control, is on a waiting list or has completed a qualified program
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5 while pregnant or within twelve (12) months of conclusion of the
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6 pregnancy, she shall not be subject to investigation, arrest, or
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7 prosecution solely based on her use of controlled dangerous
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8 substances during pregnancy including, but not limited to, instances
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9 of miscarriage, stillbirth, or her infant showing signs of Neonatal
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10 Abstinence Syndrome or Fetal Alcohol Spectrum Disorder caused by
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11 such use of alcohol or a prescribed controlled dangerous substance.
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12 E. If a substance-impacted perinatal woman does not make a
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13 good-faith effort to enroll in and attend or complete an addiction
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14 recovery program, or other qualified program, or both, the district
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15 attorney may pursue an appropriate disposition under Section 1-546.5
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16 of Title 63 of the Oklahoma Statutes.
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17 F. Any health care provider who fails to identify a substance-
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18 impacted perinatal woman's use of a controlled dangerous substance
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19 or alcohol when the health care provider did not know and could not
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20 reasonably have known of such use, or complies with subsection B of
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21 this section and paragraph 3 of subsection G of this section, shall
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22 be presumed to be acting in good faith and shall have immunity from
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23 any civil liability that might otherwise result by reason of such
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24 act or omission.
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Req. No. 3037 Page 3
1 G. Nothing in this section shall be construed to limit or
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2 preclude:
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3 1. The investigation, filing, or prosecution of child abuse,
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4 child neglect, or child endangerment charges unrelated to pregnancy-
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5 based conduct;
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6 2. The substance-impacted perinatal woman from losing parental
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7 rights unrelated to pregnancy-based conduct; or
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8 3. A health care provider's obligation to report a substance-
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9 exposed newborn under Section 1-2-101 of Title 10A of the Oklahoma
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10 Statutes.
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11 SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-546.5, is
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12 amended to read as follows:
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13 Section 1-546.5. A district attorney may convene a
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14 multidisciplinary team to assist in making a determination of the
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15 appropriate disposition of a case of a pregnant woman who is abusing
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16 or is addicted to drugs or alcohol to the extent that the unborn
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17 child is at risk of harm. The multidisciplinary team shall include
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18 at least one person with training and experience in the treatment of
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19 addiction. As used in this section, an appropriate disposition may
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20 include but shall not be limited to filing a petition for
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21 involuntary commitment as provided by Section 5-410 et seq. of Title
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22 43A of the Oklahoma Statutes to a public facility or a private
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23 facility willing to accept the pregnant woman for treatment and at
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1 least one person with training and experience in the treatment of
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2 pregnant women.
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3 SECTION 3. This act shall become effective November 1, 2026.
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5 60-2-3037 DC 1/15/2026 9:44:24 AM
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Req. No. 3037 Page 5Every fact on this page links to its source, starting with the official bill record.