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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 423 By: Rader
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6 AS INTRODUCED
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7 An Act relating to medical records; amending 76 O.S.
7 2021, Section 19, which relates to access to medical
8 records; modifying applicability of certain
8 provisions; eliminating certain duties of health care
9 providers; authorizing imposition of certain fee;
9 making certain acts unlawful; creating felony
10 offense; providing administrative and criminal
10 penalties; providing for civil relief; and providing
11 an effective date.
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1 4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 76 O.S. 2021, Section 19, is
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1 6 amended to read as follows:
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17 Section 19. A. 1. Any person who is or has been a patient of
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1 8 a doctor, hospital or other medical institution any health care
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1 9 provider or health care facility, or such person's personal
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2 0 representative, shall be entitled, upon request, to obtain access to
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2 1 the information contained in the patient's medical records including
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2 2 any x-ray or other photograph or image, pathology slide or the
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2 3 patient's medical bills.
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1 2. Disclosure of the information described in paragraph 1 of
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2 this subsection regarding a deceased patient shall require either a
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3 court order or a written release of an executor, administrator or
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4 personal representative appointed by the court, or if there is no
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5 such appointment, by the spouse of the patient or, if none, by any
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6 responsible member of the family of the patient. As used in this
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7 paragraph, "responsible family member" shall mean the parent, adult
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8 child, adult sibling or other adult relative who was actively
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9 involved in providing care to or monitoring the care of the patient
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1 0 as verified by the doctor, hospital or other medical institution
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1 1 health care provider or health care facility responsible for the
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1 2 care and treatment of such person.
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13 2. Any person who is or has been a patient of a doctor,
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1 4 hospital or other medical institution shall be furnished copies of
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1 5 all medical records including any x-ray, other photograph or image,
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1 6 pathology slide or all medical bills pertaining to that person's
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1 7 case upon request and upon the tender of the expenses enumerated in
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1 8 this paragraph. The cost of each copy to such person or to the
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1 9 personal representative, spouse or responsible family member of such
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2 0 person, not including any x-ray or other photograph or image or
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2 1 pathology slide, shall be fifty cents ($0.50) for each page.
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22 3. Health care providers and health care facilities may impose
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2 3 a reasonable, cost-based fee when patients or their personal
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2 4 representatives request copies of medical records; provided, that
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1 the fee includes only the cost of applicable expenses listed in 42
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2 C.F.R., Section 164.524(c)(4).
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3 4. Requests for medical records and medical bills from
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4 attorneys, insurance companies and by way of subpoena shall be
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5 charged a base fee of Twenty Dollars ($20.00) in addition to the per
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6 page charges required pursuant to this section, plus postage or
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7 delivery fee. The base fee shall be charged regardless of whether
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8 any records related to the request are located. A fee of Fifteen
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9 Dollars ($15.00) shall be charged if a certification or an affidavit
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1 0 by the provider regarding the authenticity of the medical records or
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1 1 bills is requested. The physician, hospital or other medical
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1 2 professionals and institutions, or their business associates as the
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1 3 term is defined in Section 160.103 of Title 45 of the United States
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1 4 Code of Federal Regulations shall produce the records in digital
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1 5 form at the rate of thirty cents ($0.30) per page if:
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16 a. the entire request can be reproduced from an
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17 electronic health record system,
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18 b. the records are specifically requested to be delivered
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19 in electronic format, and
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20 c. the records can be delivered electronically.
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2 1 If a provider or business associate transmits the records
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2 2 electronically, no postage shall be charged but a delivery charge
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2 3 shall apply. In no event shall a charge for the reproduction of
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2 4 electronically stored and delivered medical records pursuant to this
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1 paragraph exceed Two Hundred Dollars ($200.00) plus postage or
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2 delivery fee. The cost of each printed x-ray, other photograph or
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3 image to such person or to the legal representative of such person
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4 shall be Fifteen Dollars ($15.00). If the x-ray, other photograph
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5 or image is provided on a CD/DVD or other electronic media, the fee
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6 shall be Twenty Dollars ($20.00) per CD/DVD or other electronic
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7 media. The physician, hospital, or other medical professionals and
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8 institutions, or their business associates as the term is defined in
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9 Section 160.103 of Title 45 of the United States Code of Federal
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1 0 Regulations, shall not charge a person who requests their own record
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1 1 a fee for searching, retrieving, reviewing, and preparing medical
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1 2 records of the person. No mailing fee shall be charged for copies
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1 3 provided by facsimile. All requests for medical records made
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1 4 pursuant to this subsection shall be subject to the fees described
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1 5 in this section regardless of where the copies or electronic
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1 6 versions of such records are actually produced.
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17 3. 5. The provisions of paragraphs 1 and 2 of this subsection
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1 8 shall not apply to:
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19 a. psychological, psychiatric, mental health or substance
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20 abuse treatment records. In the case of
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21 psychological, psychiatric, mental health or substance
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22 abuse treatment records, access to information
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23 contained in the records shall be obtained pursuant to
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24 Section 1-109 of Title 43A of the Oklahoma Statutes.
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1 4. The provisions of paragraphs 1 and 2 of this subsection
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2 shall not apply to, and
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3 b. requests for medical records made by the Disability
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4 Determination Division of the State Department of
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5 Rehabilitation Services. The fee for such requests
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6 shall be at a rate allowed by the Social Security
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7 Administration.
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8 B. 1. In cases involving a claim for personal injury or death
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9 against any practitioner of the healing arts or a licensed hospital,
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1 0 or a nursing facility or nursing home licensed pursuant to Section
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1 1 1-1903 of Title 63 of the Oklahoma Statutes arising out of patient
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1 2 care, where any person has placed the physical or mental condition
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1 3 of that person in issue by the commencement of any action,
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1 4 proceeding, or suit for damages, or where any person has placed in
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1 5 issue the physical or mental condition of any other person or
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1 6 deceased person by or through whom the person rightfully claims,
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1 7 that person shall be deemed to waive any privilege granted by law
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1 8 concerning any communication made to a physician or health care
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1 9 provider with reference to any physical or mental condition or any
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2 0 knowledge obtained by the physician or health care provider by
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2 1 personal examination of the patient; provided that, before any
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2 2 communication, medical or hospital record, or testimony is admitted
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2 3 in evidence in any proceeding, it must be material and relevant to
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2 4 an issue therein, according to existing rules of evidence.
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1 Psychological, psychiatric, mental health and substance abuse
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2 treatment records and information from psychological, psychiatric,
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3 mental health and substance abuse treatment practitioners may only
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4 be obtained provided the requirements of Section 1-109 of Title 43A
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5 of the Oklahoma Statutes are met.
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6 2. Any person who obtains any document pursuant to the
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7 provisions of this section shall provide copies of the document to
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8 any opposing party in the proceeding upon payment of the expense of
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9 copying the document pursuant to the provisions of this section.
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10 C. This section shall not apply to the records of an inmate in
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1 1 a correctional institution when the correctional institution
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1 2 believes the release of such information to be a threat to the
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1 3 safety or security of the inmate or the institution.
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14 D. 1. It shall be unlawful for any person to transmit,
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1 5 disclose, seek, use, or obtain any person's health information or
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1 6 records related to any medical service, procedure, or treatment that
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1 7 is deemed medically necessary by a physician, nurse, or other health
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1 8 care provider licensed in this state for any purpose other than
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1 9 treatment, payment, or health care operations as those terms are
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2 0 defined by the Health Insurance Portability and Accountability Act
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2 1 of 1996 or as authorized by the person whose information is being
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2 2 sought, used, or disclosed.
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1 2. Violation of paragraph 1 of this subsection shall be deemed
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2 unprofessional conduct by the person's licensure board if applicable
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3 and subject to mandatory license revocation.
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4 3. A person found in violation of paragraph 1 of this
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5 subsection shall, upon conviction, be guilty of a felony punishable
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6 by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by
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7 imprisonment in the custody of the Department of Corrections for a
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8 term not to exceed one (1) year, or by both such fine and
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9 imprisonment.
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10 4. If a health care provider believes a violation of paragraph
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1 1 1 of this subsection has occurred or will occur in relation to a
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1 2 request for medical records, the health care provider may apply to a
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1 3 court of competent jurisdiction for relief and the court shall award
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1 4 appropriate relief including, but not limited to, temporary,
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1 5 preliminary, or permanent injunctive relief.
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16 SECTION 2. This act shall become effective November 1, 2025.
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18 60-1-603 DC 1/14/2025 3:51:16 PM
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Req. No. 603 Page 7Every fact on this page links to its source, starting with the official bill record.