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 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 761 By: McIntosh
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6 AS INTRODUCED
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7 An Act relating to health care; creating the Lori
7 Brand Patient Bill of Rights Act of 2025; providing
8 short title; creating a list of rights for a patient
8 seeking treatment; specifying certain
9 responsibilities of patients seeking treatment;
9 creating certain rights for minor patients seeking
10 treatment; specifying certain responsibilities of
10 parents of minor patients seeking treatment;
11 providing for codification; and providing an
11 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 3501 of Title 63, unless there
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18 is created a duplication in numbering, reads as follows:
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19 This act shall be known and may be cited as the "Lori Brand
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20 Patient Bill of Rights Act of 2025".
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21 SECTION 2. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 3501.1 of Title 63, unless there
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23 is created a duplication in numbering, reads as follows:
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Req. No. 878 Page 1
1 A. Each patient treated in this state shall have the following
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2 rights when being treated:
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3 1. The right to considerate and respectful care, provided in a
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4 safe environment, free from all forms of abuse, neglect, harassment,
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5 or exploitation;
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6 2. To receive information in a manner that he or she
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7 understands. Communications with the patient shall be effective and
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8 provided in a manner that facilitates understanding by the patient.
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9 Written information provided will be appropriate to the age,
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10 understanding, and, as appropriate, the language of the patient. As
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11 appropriate, communications specific to the vision-, speech-,
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12 hearing-, cognitive-, and language-impaired patient will be
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13 provided. The hospital shall meet the requirements of federal
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14 regulations that require program and facility accessibility;
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15 3. To receive as much information about any proposed treatment
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16 or procedure as he or she may need in order to give informed consent
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17 or to refuse the course of treatment. Except in emergencies, this
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18 shall include a description of the procedure or treatment, the
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19 medically significant risks involved in the procedure or treatment,
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20 alternate courses of treatment or nontreatment and the risks
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21 involved in each, and the name of the person who will carry out the
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22 procedure or treatment;
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23 4. To receive the name of the doctor who has primary
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24 responsibility for coordinating his or her care;
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Req. No. 878 Page 2
1 5. To have an advance directive for health care concerning
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2 treatment or to designate a surrogate decision-maker with the
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3 expectation that the hospital will honor the intent of that
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4 directive to the extent allowed by law and hospital policy. The
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5 health care provider must advise a patient of his or her rights
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6 under state law and hospital policy to make informed medical
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7 decisions, ask if the patient has an advance directive, and include
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8 that information in patient records. The patient has the right to
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9 timely information about hospital policy that may limit its ability
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10 to implement a legally valid advance directive;
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11 6. To participate in the development and implementation of his
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12 or her plan of care and actively participate in decisions regarding
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13 his or her medical care;
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14 7. To accept medical care or to refuse treatment, to the extent
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15 permitted by law, and to be informed of the consequences of such
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16 refusal;
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17 8. To become informed of his or her rights as a patient in
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18 advance of, or when discontinuing, the provision of care. The
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19 patient may appoint a representative to receive this information
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20 should he or she so desire;
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21 9. To have a family member or representative of his or her
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22 choice notified promptly of his or her admission to the hospital;
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23 10. To request that no information regarding his or her
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24 admittance, diagnosis, or treatment be released;
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Req. No. 878 Page 3
1 11. To full consideration of privacy concerning his or her
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2 medical care program. Case discussion, consultation, examination,
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3 and treatment are confidential and should be conducted discreetly to
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4 protect privacy. The patient has the right to be advised as to the
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5 reason for the presence of any individual involved in his or her
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6 health care;
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7 12. To access his or her medical records, including current
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8 medical records, upon a verbal or written request, in the form and
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9 format requested by the individual, if it is readily producible in
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10 such form and format (including in an electronic form or format when
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11 such medical records are maintained electronically); or, if not, in
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12 a readable hard copy form or such other form and format as agreed to
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13 by the facility and the individual, and within a reasonable time
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14 frame. The hospital must not frustrate the legitimate efforts of
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15 individuals to gain access to their own medical records and must
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16 actively seek to meet these requests as quickly as its record
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17 keeping system permits;
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18 13. To reasonable continuity of care, when appropriate, and to
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19 be informed by the doctor and other caregivers of available and
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20 realistic patient care options when hospital care is no longer
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21 appropriate;
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22 14. To confidential treatment of all communications and records
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23 pertaining to his or her care and stay at the hospital. The
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24 patient's written authorization shall be obtained before his or her
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Req. No. 878 Page 4
1 medical records can be made available to anyone not directly
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2 concerned with his or her care;
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3 15. To expect that, within its capacity and policies, the
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4 hospital will make a reasonable response to the request of a patient
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5 for appropriate and medically directed care and services. The
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6 hospital must provide evaluation, service, and or a referral as
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7 indicated by the urgency of the case. When medically appropriate
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8 and legally permissible, or when a patient has requested a transfer,
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9 that patient may be transferred to another facility. The receiving
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10 facility must have first accepted the patient for transfer. The
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11 patient must also have the benefit of the complete information and
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12 explanation concerning the need for, risks and benefits of, and
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13 alternatives to such a transfer;
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14 16. The patient or patient's representative has the right to
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15 participate in the consideration of ethical issues that might arise
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16 in the care of the patient. The hospital shall have a mechanism for
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17 the consideration of ethical issues arising in the care of patients
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18 and to provide education to caregivers and patients on ethical
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19 issues in health care;
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20 17. To be advised of the hospital's complaint or grievance
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21 process should the patient wish to communicate a concern regarding
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22 the quality of care he or she receives. This process shall include
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23 whom to contact to file a complaint. The patient shall be provided
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24 with a written notice of the complaint determination that contains
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Req. No. 878 Page 5
1 the contact information of the patient advocate or similar person or
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2 department, the steps taken on his or her behalf to investigate the
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3 complaint, the results of the complaint and, when possible, the
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4 resolution of the complaint concerning the quality of care;
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5 18. If the patient is sixty-five (65) years of age or older,
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6 the message from Medicare outlining the rights of the elderly shall
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7 be provided to the patient at the time of his or her admission to
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8 the hospital;
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9 19. To be advised if a hospital or doctor proposes to engage in
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10 medical education, training examinations with students or other
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11 personnel, research studies, or human experimentation affecting the
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12 patient's care or treatment. The patient has the right to consent
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13 or refuse to participate in and to have such education, training
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14 examinations, research studies, or experiments fully explained prior
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15 to consent. All information provided to subjects shall be contained
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16 in the medical record or research file, along with the consent
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17 forms. Refusal to participate or discontinuation of participation
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18 shall not compromise the patient's right to access care, treatment,
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19 or services;
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20 20. To examine and receive an explanation of his or her bill
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21 regardless of source of payment;
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22 21. To find publicly disclosed on any website for the hospital
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23 any language that would put a reasonable person on notice as to
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24 whether the hospital may be corporately-owned or physician-owned.
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Req. No. 878 Page 6
1 For purposes of this section, a public website for the hospital does
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2 not include, by way of example: social media websites, electronic
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3 payment portals, electronic patient care portals, or electronic
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4 health information exchanges;
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5 22. To remain free from restraints or seclusion in any forms
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6 that are not medically necessary or are used as a means of coercion,
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7 discipline, convenience, or retaliation by staff;
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8 23. To receive the visitors whom he or she designates,
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9 including, but not limited to, a spouse, a domestic partner,
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10 including a same-sex domestic partner, another family member, or a
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11 friend. The patient has the right to withdraw or deny consent at
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12 any time. Visitation shall not be restricted, limited, or otherwise
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13 denied on the basis of race, color, national origin, religion, sex,
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14 disease type or state, or disability; and
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15 24. Through use of the Hospital-Issued Notice of Noncoverage,
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16 Medicare beneficiaries have the right to be informed in advance of
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17 procedures or treatment for which Medicare may deny payment, and
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18 that the beneficiary may be personally responsible for full payment
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19 if Medicare denies payment.
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20 B. A patient, guardian of a patient, or legally authorized
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21 representative of a patient shall have the following
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22 responsibilities:
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Req. No. 878 Page 7
1 1. To provide accurate and complete information concerning the
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2 patient's present complaints, past illnesses, hospitalizations,
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3 medications, and other matters relating to his or her health;
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4 2. To report perceived risks in the patient's care and
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5 unexpected changes in his or her condition to the responsible health
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6 care provider;
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7 3. For the patient's actions should he or she refuse treatment
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8 or not follow his or her doctor's orders;
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9 4. To ask questions when the patient does not understand what
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10 he or she has been told about the patient's care or what he or she
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11 is expected to do;
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12 5. To be considerate of the rights of other patients and
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13 hospital personnel;
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14 6. To participate in educational and discharge planning
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15 activities necessary to ensure that he or she has adequate knowledge
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16 and support services to provide him or her with a safe environment
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17 upon discharge from the hospital;
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18 7. To ask the doctor or nurse what to expect regarding pain
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19 management, to discuss pain relief options with doctors and nurses
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20 and to help develop a pain management plan, to ask for pain relief
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21 when pain first begins, to help doctors and nurses assess the
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22 patient's pain, to tell the doctors and nurses if his or her pain is
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23 not relieved, and to tell doctors and nurses about any concerns
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24 about taking pain medication;
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Req. No. 878 Page 8
1 8. For keeping appointments and for notifying the hospital or
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2 doctor when he or she is unable to do so;
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3 9. Being respectful of his or her personal property and that of
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4 other patients in the hospital;
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5 10. Following hospital procedures; and
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6 11. Assuring that the financial obligations of his or her care
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7 is fulfilled as promptly as possible.
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8 C. Any minor patient has the following rights when being
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9 treated in this state:
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10 1. To be treated with respect in regards to:
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11 a. each child and adolescent as a unique individual, and
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12 b. the caretaking role and individual response of the
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13 parent and legal guardian;
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14 2. To provisions for normal physical and physiological needs of
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15 a growing child including nutrition, rest, sleep, warmth, activity,
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16 and freedom to move and explore. Minors shall have the right to:
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17 a. appropriate treatment in the least restrictive
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18 setting,
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19 b. not receive unnecessary or excessive medication,
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20 c. an individualized treatment plan and the right to
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21 participate in the plan,
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22 d. a humane treatment environment that provides
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23 reasonable protection from harm and appropriate
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24 privacy for personal needs,
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Req. No. 878 Page 9
1 e. separation from adult patients when possible, and
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2 f. regular communication between the minor patient and
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3 the patient's family or legal guardian;
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4 3. To consistent, supportive, and nurturing care which:
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5 a. meets the emotional and psychosocial needs of the
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6 minor, and
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7 b. fosters open communication;
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8 4. To provisions for self-esteem needs which will be met by
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9 attempts to give the minor:
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10 a. the reassuring presence of a parent, guardian, or
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11 designee of the parent or guardian,
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12 b. freedom to express feelings or fears with appropriate
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13 reactions,
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14 c. as much control as possible over both self and
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15 situation,
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16 d. opportunities to work through experiences before and
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17 after they occur, verbally, in play, or in other
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18 appropriate ways, and
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19 e. recognition for coping well during difficult
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20 situations;
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21 5. To provisions for varied and normal stimuli of life which
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22 contributes to cognitive, social, emotional, and physical
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23 developmental needs such as play, educational, and social activities
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24 essential to all children and adolescents;
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Req. No. 878 Page 10
1 6. To information about what to expect prior to, during, and
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2 following a procedure or experience and support in coping with it;
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3 7. To participate with the minor's parent or guardian in
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4 decisions affecting his or her own medical treatment; and
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5 8. To the minimization of stay duration by recognizing
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6 discharge planning needs.
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7 D. All parents and legal guardians of minor patients in this
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8 state shall have the following responsibilities:
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9 1. To continue in their parenting role to the extent of their
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10 ability; and
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11 2. To be available to participate in decision-making and
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12 provide staff with knowledge of other parent or family whereabouts.
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13 SECTION 3. This act shall become effective November 1, 2025.
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15 60-1-878 DC 1/19/2025 5:42:50 AM
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Req. No. 878 Page 11Every fact on this page links to its source, starting with the official bill record.