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
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 937 By: Howard
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to health care; creating the Uniform
7 Health Care Decisions Act of 2025; providing short
8 title; specifying conditions for capacity for certain
8 purpose; stipulating extent of certain right;
9 providing for certain presumptions of capacity;
9 providing for rebuttal of certain capacity;
10 prohibiting certain individuals from making specified
10 findings; authorizing creation of certain health care
11 instruction; requiring certain documentation;
11 providing for revocation of health care instruction
12 under certain condition; authorizing creation of
12 certain power of attorney; providing for
13 disqualification of agency under certain conditions;
13 specifying effect of health care decision;
14 stipulating requirements for adult witness; defining
14 presence of witness; allowing certain power of
15 attorney to include health care instruction;
15 providing for codification; and providing an
16 effective date.
16
17
17
18
18
19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
19
20 SECTION 1. NEW LAW A new section of law to be codified
20
21 in the Oklahoma Statutes as Section 3105A.1 of Title 63, unless
21
22 there is created a duplication in numbering, reads as follows:
22
23 This act shall be known and may be cited as the "Uniform Health
23
24 Care Decisions Act of 2025".
24
Req. No. 329 Page 1
1 SECTION 2. NEW LAW A new section of law to be codified
1
2 in the Oklahoma Statutes as Section 3105A.2 of Title 63, unless
2
3 there is created a duplication in numbering, reads as follows:
3
4 A. An individual has capacity for the purpose of this act if
4
5 the individual:
5
6 1. Is willing and able to communicate a decision independently
6
7 or with appropriate services, technological assistance, supported
7
8 decision-making, or other reasonable accommodation; and
8
9 2. In making or revoking:
9
10 a. a health care decision, understands the nature and
10
11 consequences of the decision, including the primary
11
12 risks and benefits of the decision,
12
13 b. a health care instruction, understands the nature and
13
14 consequences of the instruction, including the primary
14
15 risks and benefits of the choices expressed in the
15
16 instruction, and
16
17 c. an appointment of an agent under a health care power
17
18 of attorney or identification of a default surrogate,
18
19 recognizes the identity of the individual being
19
20 appointed or identified and understands the general
20
21 nature of the relationship of the individual making
21
22 the appointment or identification with the individual
22
23 being appointed or identified.
23
24
24
Req. No. 329 Page 2
1 B. The right of an individual who has capacity to make a
1
2 decision about the individual's health care is not affected by
2
3 whether the individual creates or revokes an advance health care
3
4 directive.
4
5 SECTION 3. NEW LAW A new section of law to be codified
5
6 in the Oklahoma Statutes as Section 3105A.3 of Title 63, unless
6
7 there is created a duplication in numbering, reads as follows:
7
8 A. An individual is presumed to have capacity to make or revoke
8
9 a health care decision, health care instruction, and power of
9
10 attorney for health care unless:
10
11 1. A court has found the individual lacks capacity to do so; or
11
12 2. The presumption is rebutted under subsection B of this
12
13 section.
13
14 B. Subject to the provisions of this act, a presumption under
14
15 subsection A of this section may be rebutted by a finding that the
15
16 individual lacks capacity:
16
17 1. Subject to subsection C of this section, made on the basis
17
18 of a contemporaneous examination by any of the following:
18
19 a. a physician,
19
20 b. a psychologist licensed or otherwise authorized to
20
21 practice in this state,
21
22 c. an individual with training and expertise in the
22
23 finding of lack of capacity who is licensed or
23
24 otherwise authorized to practice in this state as:
24
Req. No. 329 Page 3
1 (1) a physician assistant,
1
2 (2) an Advanced Practice Registered Nurse, or
2
3 (3) a social worker, or
3
4 d. a responsible health care professional not described
4
5 in subparagraph a, b, or c of this paragraph if:
5
6 (1) the individual about whom the finding is to be
6
7 made is experiencing a health condition requiring
7
8 a decision regarding health care treatment to be
8
9 made promptly to avoid loss of life or serious
9
10 harm to the health of the individual, and
10
11 (2) an individual listed in subparagraph a, b, or c
11
12 of this paragraph is not reasonably available;
12
13 2. Made in accordance with accepted standards of the profession
13
14 and the scope of practice of the individual making the finding and
14
15 to a reasonable degree of certainty; and
15
16 3. Documented in a record signed by the individual making the
16
17 finding that includes an opinion of the cause, nature, extent, and
17
18 probable duration of the lack of capacity.
18
19 C. The finding under subsection B of this section may not be
19
20 made by:
20
21 1. A family member of the individual presumed to have capacity;
21
22 2. The cohabitant of the individual or a descendant of the
22
23 cohabitant; or
23
24
24
Req. No. 329 Page 4
1 3. The individual's surrogate, a family member of the
1
2 surrogate, or a descendant of the surrogate.
2
3 D. If the finding under subsection B of this section was based
3
4 on a condition the individual no longer has, or a responsible health
4
5 care professional subsequently has good cause to believe the
5
6 individual has capacity, the individual is presumed to have capacity
6
7 unless a court finds the individual lacks capacity or the
7
8 presumption is rebutted under subsection B of this section.
8
9 SECTION 4. NEW LAW A new section of law to be codified
9
10 in the Oklahoma Statutes as Section 3105A.4 of Title 63, unless
10
11 there is created a duplication in numbering, reads as follows:
11
12 A. An individual may create a health care instruction that
12
13 expresses the individual's preferences for future health care,
13
14 including preferences regarding:
14
15 1. Health care professionals or health care institutions;
15
16 2. How a health care decision will be made and communicated;
16
17 3. Persons that should or should not be consulted regarding a
17
18 health care decision;
18
19 4. A person to serve as guardian for the individual if one is
19
20 appointed; and
20
21 5. An individual to serve as a default surrogate.
21
22 B. A health care professional to whom an individual
22
23 communicates or provides an instruction under subsection A of this
23
24 section shall document the instruction and the date of the
24
Req. No. 329 Page 5
1 instruction in the individual's medical record or communicate the
1
2 instruction and date of the instruction to an administrator with
2
3 responsibility for medical records of the health care institution
3
4 providing health care to the individual, who shall document the
4
5 instruction and the date of the instruction in the individual's
5
6 medical record.
6
7 C. A health care instruction made by an individual that
7
8 conflicts with an earlier health care instruction made by the
8
9 individual, including an instruction documented in a medical order,
9
10 revokes the earlier instruction to the extent of the conflict.
10
11 D. A health care instruction may be in the same record as a
11
12 power of attorney for health care.
12
13 SECTION 5. NEW LAW A new section of law to be codified
13
14 in the Oklahoma Statutes as Section 3105A.5 of Title 63, unless
14
15 there is created a duplication in numbering, reads as follows:
15
16 A. An individual may create a power of attorney for health care
16
17 to appoint an agent to make health care decisions for the
17
18 individual.
18
19 B. An individual is disqualified from acting as agent for an
19
20 individual who lacks capacity to make health care decisions if:
20
21 1. A court finds that the potential agent poses a danger to the
21
22 individual's well-being, even if the court does not issue a
22
23 restraining order against the potential agent; or
23
24
24
Req. No. 329 Page 6
1 2. The potential agent is an owner, operator, employee, or
1
2 contractor of a nursing home or other residential care facility in
2
3 which the individual resides or is receiving care, unless the owner,
3
4 operator, employee, or contractor is a family member of the
4
5 individual, the cohabitant of the individual, or a descendant of the
5
6 cohabitant.
6
7 C. A health care decision made by an agent is effective without
7
8 judicial approval.
8
9 D. A power of attorney for health care must be in a record,
9
10 signed by the individual creating the power, and signed by an adult
10
11 witness who:
11
12 1. Reasonably believes the act of the individual to create the
12
13 power of attorney is voluntary and knowing;
13
14 2. Is not:
14
15 a. the agent appointed by the individual,
15
16 b. the agent's spouse, domestic partner, or cohabitant,
16
17 or
17
18 c. if the individual resides or is receiving care in a
18
19 nursing home or other residential care facility, the
19
20 owner, operator, employee, or contractor of the
20
21 nursing home or other residential care facility; and
21
22 3. Is present when the individual signs the power of attorney
22
23 or when the individual represents that the power of attorney
23
24 reflects the individual's wishes.
24
Req. No. 329 Page 7
1 E. A witness under subsection D of this section is considered
1
2 present if the witness and the individual are:
2
3 1. Physically present in the same location;
3
4 2. Using electronic means that allow for real-time audio and
4
5 visual transmission and communication in real time to the same
5
6 extent as if the witness and the individual were physically present
6
7 in the same location; or
7
8 3. Able to speak to and hear each other in real time through
8
9 audio connection if:
9
10 a. the identity of the individual is personally known to
10
11 the witness, or
11
12 b. the witness is able to authenticate the identity of
12
13 the individual by receiving accurate answers from the
13
14 individual that enable the authentication.
14
15 F. A power of attorney for health care may include a health
15
16 care instruction.
16
17 SECTION 6. This act shall become effective November 1, 2025.
17
18
18
19 60-1-329 DC 1/19/2025 5:46:20 AM
19
20
20
21
21
22
22
23
23
24
24
Req. No. 329 Page 8Every fact on this page links to its source, starting with the official bill record.