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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 2020 By: McIntosh
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6 AS INTRODUCED
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7 An Act relating to parental rights; amending 12 O.S.
7 2021, Section 2503, which relates to physician- and
8 psychotherapist-patient privilege; excluding minor
8 from certain privilege; amending 25 O.S. 2021,
9 Section 2002, which relates to the Parents' Bill of
9 Rights; modifying exception to certain right;
10 authorizing certain civil actions; directing award of
10 certain relief; conferring certain rights on parents
11 and legal guardians subject to certain condition;
11 amending 59 O.S. 2021, Sections 1910 and 1939, which
12 relate to counselors; modifying conditions for
12 disclosure of certain information; amending 63 O.S.
13 2021, Section 2602, which relates to medical
13 treatment of minors; granting certain rights and
14 protections to parent or legal guardian subject to
14 certain exception; modifying and removing certain
15 conditions for minor self-consent; providing certain
15 construction; modifying certain notice and disclosure
16 requirements; updating statutory language and
16 references; making language gender neutral; and
17 providing an effective date.
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18
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. AMENDATORY 12 O.S. 2021, Section 2503, is
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21 amended to read as follows:
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22 Section 2503. A. As used in this section:
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23 1. A "patient" is a person who consults or is examined or
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24 interviewed by a physician or psychotherapist;
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1 2. A "physician" is a person authorized to practice medicine in
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2 any state or nation, or reasonably believed by the patient to be so
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3 authorized;
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4 3. A "psychotherapist" is:
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5 a. a person authorized to practice medicine in any state
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6 or nation, or reasonably believed by the patient to be
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7 so authorized, while engaged in the diagnosis or
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8 treatment of a mental or emotional condition,
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9 including alcohol or drug addiction, or
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10 b. a person licensed or certified as a psychologist under
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11 the laws of any state or nation, or reasonably
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12 believed by the patient to be so licensed or
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13 certified, while similarly engaged; and
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14 4. A communication is "confidential" if not intended to be
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15 disclosed to third persons, except persons present to further the
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16 interest of the patient in the consultation, examination, or
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17 interview, persons reasonably necessary for the transmission of the
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18 communication, or persons who are participating in the diagnosis and
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19 treatment under the direction of the physician or psychotherapist,
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20 including members of the patient's family.
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21 B. A patient has a privilege to refuse to disclose and to
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22 prevent any other person from disclosing confidential communications
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23 made for the purpose of diagnosis or treatment of the patient's
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24 physical, mental, or emotional condition, including alcohol or drug
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1 addiction, among the patient, the patient's physician or
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2 psychotherapist, and persons who are participating in the diagnosis
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3 or treatment under the direction of the physician or
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4 psychotherapist, including members of the patient's family, except
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5 that a minor child under eighteen (18) years of age has no privilege
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6 to refuse to disclose or to prevent any other person from disclosing
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7 such confidential communications to the minor child's parent or
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8 legal guardian.
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9 C. The privilege may be claimed by the patient, the patient's
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10 guardian or conservator, or the personal representative of a
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11 deceased patient. The person who was the physician or
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12 psychotherapist at the time of the communication is presumed to have
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13 authority to claim the privilege but only on behalf of the patient.
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14 D. The following shall be exceptions to a claim of privilege:
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15 1. There is no privilege under this section for communications
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16 relevant to an issue in proceedings to hospitalize the patient for
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17 mental illness, if the psychotherapist in the course of diagnosis or
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18 treatment has determined that the patient is in need of
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19 hospitalization;
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20 2. Communications made in the course of a court-ordered
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21 examination of the physical, mental, or emotional condition of a
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22 patient, whether a party or a witness, are not privileged under this
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23 section when they relate to the particular purpose for which the
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24 examination is ordered unless the court orders otherwise;
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1 3. The privilege under this Code as to a communication relevant
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2 to the physical, mental, or emotional condition of the patient in
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3 any proceeding in which the patient relies upon that condition as an
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4 element of the patient's claim or defense or, after the patient's
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5 death, in any proceeding in which any party relies upon the
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6 condition as an element of the party's claim or defense is qualified
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7 to the extent that an adverse party in the proceeding may obtain
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8 relevant information regarding the condition by statutory discovery;
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9 4. When the patient is an inmate in the custody of the
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10 Department of Corrections or a private prison or facility under
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11 contract with the Department of Corrections, and the release of the
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12 information is necessary:
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13 a. to prevent or lessen a serious and imminent threat to
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14 the health or safety of any person, or
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15 b. for law enforcement authorities to identify or
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16 apprehend an individual where it appears from all the
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17 circumstances that the individual has escaped from a
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18 correctional institution or from lawful custody; or
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19 5. A minor child under eighteen (18) years of age has no
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20 privilege to refuse to disclose or to prevent any other person from
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21 disclosing communications otherwise confidential under this section
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22 to the minor child's parent or legal guardian; or
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1 6. The testimonial privilege created pursuant to this section
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2 does not make communications confidential where state and federal
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3 privacy law would otherwise permit disclosure.
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4 SECTION 2. AMENDATORY 25 O.S. 2021, Section 2002, is
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5 amended to read as follows:
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6 Section 2002. A. All parental rights are reserved to a parent
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7 of a minor child without obstruction or interference from this
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8 state, any political subdivision of this state, any other
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9 governmental entity, or any other institution, including, but not
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10 limited to, the following rights:
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11 1. The right to direct the education of the minor child;
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12 2. All rights of parents identified in Title 70 of the Oklahoma
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13 Statutes, including the right to access and review all school
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14 records relating to the minor child;
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15 3. The right to direct the upbringing of the minor child;
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16 4. The right to direct the moral or religious training of the
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17 minor child;
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18 5. The right to make healthcare health care decisions for the
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19 minor child, unless otherwise prohibited by law;
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20 6. The right to access and review all medical records of the
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21 minor child unless except as provided by subsection E of Section
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22 2602 of Title 63 of the Oklahoma Statutes or as otherwise prohibited
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23 provided by law or the parent is the subject of an investigation of
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1 a crime committed against the minor child and a law enforcement
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2 official requests that the information not be released;
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3 7. The right to consent in writing before a biometric scan of
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4 the minor child is made, shared, or stored;
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5 8. The right to consent in writing before any record of the
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6 minor child's blood or deoxyribonucleic acid (DNA) is created,
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7 stored, or shared, except as required by Sections 1-516 and 1-524.1
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8 of Title 63 of the Oklahoma Statutes, or unless authorized pursuant
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9 to a court order;
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10 9. The right to consent in writing before the state or any of
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11 its political subdivisions makes a video or voice recording of the
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12 minor child, unless the video or voice recording is made during or
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13 as a part of a court proceeding, by law enforcement officers during
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14 or as part of a law enforcement investigation, during or as part of
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15 a forensic interview in a criminal or Department of Human Services
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16 investigation, or to be used solely for any of the following:
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17 a. safety demonstrations, including the maintenance of
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18 order and discipline in the common areas of a school
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19 or on student transportation vehicles,
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20 b. a purpose related to a legitimate academic or
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21 extracurricular activity,
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22 c. a purpose related to regular classroom instruction,
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23 d. security or surveillance of buildings or grounds, and
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24 e. a photo identification card; and
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1 10. The right to be notified promptly if an employee of this
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2 state, any political subdivision of this state, any other
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3 governmental entity, or any other institution suspects that a
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4 criminal offense has been committed against the minor child by
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5 someone other than a parent, unless the incident has first been
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6 reported to law enforcement and notification of the parent would
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7 impede a law enforcement or Department of Human Services
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8 investigation. This paragraph does not create any new obligation
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9 for school districts and charter schools to report misconduct
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10 between students at school, such as fighting or aggressive play,
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11 that is routinely addressed as a student disciplinary matter by the
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12 school.
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13 B. This section does not authorize or allow a parent to engage
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14 in conduct that is unlawful or to abuse or neglect a child in
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15 violation of the laws of this state. This section shall not be
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16 construed to apply to a parental action or decision that would end
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17 life. This section does not prohibit courts, law enforcement
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18 officers, or employees of a government agency responsible for child
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19 welfare from acting in their official capacity within the reasonable
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20 and prudent scope of their authority. This section does not
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21 prohibit a court from issuing an order that is otherwise permitted
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22 by law.
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23 C. Any attempt to encourage or coerce a minor child to withhold
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24 information from the child's parent shall be grounds for discipline
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1 of an employee of this state, any political subdivision of this
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2 state, or any other governmental entity, except for law enforcement
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3 personnel.
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4 D. Unless those rights have been legally waived or legally
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5 terminated, parents have inalienable rights that are more
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6 comprehensive than those listed in this section. The Parents' Bill
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7 of Rights does not prescribe all rights of parents. Unless
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8 otherwise required by law, the rights of parents of minor children
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9 shall not be limited or denied. The Parents' Bill of Rights shall
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10 not be construed to apply to a parental action or decision that
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11 would end life.
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12 E. A parent may bring a civil action in a court of competent
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13 jurisdiction against any person who violates the rights of the
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14 parent as conferred by this section. The court shall award a
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15 prevailing plaintiff all appropriate relief including, but not
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16 limited to, injunctive relief, actual damages, punitive damages,
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17 court costs, and reasonable attorney fees.
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18 SECTION 3. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 2006 of Title 25, unless there
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20 is created a duplication in numbering, reads as follows:
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21 Notwithstanding any other provision of law, a parent or legal
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22 guardian of a minor child under eighteen (18) years of age has a
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23 right to be present during any meeting or consultation between a
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24 health professional and the parent or legal guardian's minor child
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1 under eighteen (18) years of age and to be provided, within a
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2 reasonable time and at a reasonable cost, copies of any records of
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3 services provided by a health professional to the parent or legal
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4 guardian's minor child. Provided, however, that a parent or legal
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5 guardian shall not be entitled to be present during such a meeting
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6 or consultation, or to access such records, when the health
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7 professional has been made aware of an allegation of parental child
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8 abuse, child neglect, or battery.
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9 SECTION 4. AMENDATORY 59 O.S. 2021, Section 1910, is
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10 amended to read as follows:
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11 Section 1910. A. No person licensed pursuant to the provisions
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12 of the Licensed Professional Counselors Act shall knowingly and
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13 willfully disclose any information the licensee may have acquired
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14 from persons consulting the licensee in his professional capacity as
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15 a professional counselor or be compelled to disclose such
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16 information except:
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17 1. With the written consent of the client, or, except under the
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18 circumstances described in paragraph 2 of this subsection, if the
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19 client is less than eighteen (18) years of age, with the written
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20 consent of the client's parent or legal guardian, or in the case of
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21 death or disability of the client, the consent of his personal
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22 representative or other person authorized to sue or the beneficiary
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23 of any insurance policy on his life, health, or physical condition;
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1 2. If the person is a child under the age of eighteen (18)
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2 years and the information acquired by the licensed person indicated
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3 that the child was the victim or subject of a crime, the licensed
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4 person may be required to testify fully in relation thereto upon an
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5 examination, trial or other proceeding in which the commission of
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6 such a crime is a subject of inquiry;
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7 3. If the client waives the privilege by bringing charges
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8 against the licensed person;
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9 4. When failure to disclose such information presents a danger
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10 to the health of any person; or
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11 5. If the licensed professional counselor is a party to a
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12 civil, criminal or disciplinary action arising from such therapy, in
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13 which case any waiver of the privilege accorded by this section
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14 shall be limited to that action.
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15 B. No information shall be treated as privileged and there
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16 shall be no privileges created by the Licensed Professional
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17 Counselors Act as to any information acquired by the person licensed
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18 pursuant to the Licensed Professional Counselors Act when such
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19 information pertains to criminal acts or violation of any law.
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20 C. The Licensed Professional Counselors Act shall not be
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21 construed to prohibit any licensed person from testifying in court
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22 hearings concerning matters of adoption, child abuse, child neglect,
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23 battery, or matters pertaining to the welfare of children or from
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1 seeking collaboration or consultation with professional colleagues
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2 or administrative superiors on behalf of this client.
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3 SECTION 5. AMENDATORY 59 O.S. 2021, Section 1939, is
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4 amended to read as follows:
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5 Section 1939. A. No person licensed pursuant to the provisions
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6 of the Licensed Behavioral Practitioner Act shall disclose any
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7 information the licensee may have acquired from persons consulting
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8 the licensee in the licensee's professional capacity as a behavioral
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9 practitioner or be compelled to disclose such information except:
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10 1. With the written consent of the client, or, except under the
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11 circumstances described in paragraph 2 of this subsection, if the
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12 client is less than eighteen (18) years of age, with the written
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13 consent of the client's parent or legal guardian, or in the case of
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14 death or disability of the client, the consent of the client's
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15 personal representative or other person authorized to sue or the
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16 beneficiary of any insurance policy on the client's life, health, or
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17 physical condition;
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18 2. If the client is a child under the age of eighteen (18)
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19 years and the information acquired by the licensed person indicated
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20 that the child was the victim or subject of a crime, the licensed
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21 person may be required to testify fully in relation thereto upon an
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22 examination, trial, or other proceeding in which the commission of
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23 such a crime is a subject of the inquiry;
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1 3. If the client waives the privilege by bringing charges
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2 against the licensed person;
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3 4. When failure to disclose such information presents a danger
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4 to the health of any person; or
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5 5. If the licensed behavioral practitioner is a party to a
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6 civil, criminal, or disciplinary action arising from such therapy,
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7 in which case any waiver of the privilege accorded by this section
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8 shall be limited to that action.
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9 B. No information shall be treated as privileged and there
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10 shall be no privileges created by the Licensed Behavioral
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11 Practitioner Act as to any information acquired by the person
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12 licensed pursuant to the Licensed Behavioral Practitioner Act when
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13 such information pertains to criminal acts or violation of any law.
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14 C. The Licensed Behavioral Practitioner Act shall not be
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15 construed to prohibit any licensed person from testifying in court
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16 hearings concerning matters of adoption, child abuse, child neglect,
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17 battery, or matters pertaining to the welfare of children or from
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18 seeking collaboration or consultation with professional colleagues
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19 or administrative superiors on behalf of this client.
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20 SECTION 6. AMENDATORY 63 O.S. 2021, Section 2602, is
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21 amended to read as follows:
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22 Section 2602. A. Notwithstanding any other provision of law,
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23 the Except as provided in this section:
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1 1. Health professionals shall not provide services to a minor
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2 without the consent of a parent or legal guardian; and
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3 2. A parent or legal guardian shall have the right to be
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4 present during any meeting or consultation with a health
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5 professional.
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6 B. The following minors may consent to have services provided
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7 by health professionals in the following cases:
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8 1. Any minor who is married, has a dependent child, or is
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9 emancipated;
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10 2. Any minor who is separated from his parents or legal
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11 guardian for whatever reason and is not supported by his parents or
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12 guardian;
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13 3. Any minor who is or has been pregnant, afflicted with any
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14 reportable communicable disease, drug and substance abuse, or
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15 abusive use of alcohol; provided, however, that such self-consent
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16 only applies to the prevention, diagnosis, and treatment of those
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17 conditions specified in this section. Any health professional who
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18 accepts the responsibility of providing such health services also
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19 assumes the obligation to provide counseling for the minor by a
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20 health professional. If the minor is found not to be pregnant nor
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21 suffering from a communicable disease nor drug or substance abuse
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22 nor abusive use of alcohol, the health professional shall not reveal
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23 any information whatsoever to the spouse, parent or legal guardian,
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24 without the consent of the minor Provided, however, that this
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1 section shall not be construed to authorize any health professional
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2 to provide any abortion-related services to a minor, including
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3 counseling or referrals to another health professional for the
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4 purpose of procuring an abortion;
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5 4. 3. Any minor parent as to his or her child;
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6 5. 4. Any spouse of a minor when the minor is unable to give
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7 consent by reason of physical or mental incapacity;
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8 6. 5. Any minor who by reason of physical or mental capacity
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9 cannot give consent and has no known relatives or legal guardian
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10 guardian who is known or discoverable by the health professional
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11 through reasonably diligent inquiry, if two physicians agree on the
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12 health service to be given;
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13 7. 6. Any minor in need of emergency services for conditions
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14 which will endanger his health or life involve a substantial risk of
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15 permanent damage to his or her physical health or death if delay
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16 would result by obtaining consent from his or her spouse, parent, or
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17 legal guardian; provided, however, that the prescribing of any
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18 medicine or device or referral to another health professional for
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19 the prevention or termination of pregnancy shall not be considered
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20 such an emergency service; or
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21 8. 7. Any minor who is the victim of sexual assault; provided,
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22 however, that such self-consent only applies to a forensic medical
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23 examination by a qualified licensed health care professional.
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1 C. If any minor falsely represents facts that he may would
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2 authorize him or her to give consent under subsection B of this
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3 section and a health professional provides health services in
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4 reasonable good faith based upon that misrepresentation, the minor
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5 shall receive full services without the consent of the minor's
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6 parent or legal guardian and the health professional shall incur no
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7 liability except for negligence or, intentional harm. Consent of
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8 the minor shall not be subject to later disaffirmance or revocation
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9 because of his minority, or acts inconsistent with the requirements
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10 of this section.
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11 B. D. The health professional shall be required to make a
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12 reasonable attempt to inform the spouse, parent, or legal guardian
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13 of the minor of any treatment needed or provided under paragraph 7 6
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14 of subsection A B of this section. In all other instances in which
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15 a minor may consent to services under this section, the health
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16 professional may, but shall not be required to, inform the spouse,
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17 parent, or legal guardian of the minor of any treatment needed or
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18 provided. The judgment of the health professional as to
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19 notification shall be final, and his or her disclosure shall not
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20 constitute libel, slander, the breach of the right of privacy, the
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21 breach of the rule of privileged communication, or result in any
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22 other breach that would incur liability.
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23 E. 1. Except as provided by paragraph 2 of this subsection:
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1 a. the parent or legal guardian of a minor shall have the
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2 right to access and review all medical records of the
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3 minor, and
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4 b. a health professional shall not prevent or restrict
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5 access to the minor's medical records by the parent or
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6 legal guardian.
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7 2. The provisions of paragraph 1 of this subsection shall not
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8 apply to cases:
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9 a. as described in paragraph 1, 2, 5, or 6 of subsection
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10 B of this section, or
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11 b. where the health professional has a reasonable belief
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12 that the minor has been or may be subject to domestic
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13 violence, abuse, or neglect by the parent or legal
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14 guardian.
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15 F. Information about the minor obtained through care by a
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16 health professional under the provisions of this act Section 2601 et
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17 seq. of this title shall not be disseminated to any health
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18 professional, school, law enforcement agency or official, court
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19 authority, nonjudicial government agency, or official employer,
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20 without the consent of the minor, except through court order or
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21 specific legal requirements or if the giving of the information is
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22 necessary to the health of the minor and public. Statistical
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23 reporting may be done when the minor's identity is kept
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24 confidential.
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1 G. The health professional shall not incur criminal liability
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2 for action under the provisions of this act Section 2601 et seq. of
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3 this title except for negligence or intentional harm.
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4 SECTION 7. This act shall become effective November 1, 2026.
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6 60-2-2332 DC 1/15/2026 10:05:51 AM
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Req. No. 2332 Page 17Every fact on this page links to its source, starting with the official bill record.