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 958 By: McIntosh
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to health care; amending 12 O.S.
7 2021, Section 2503, which relates to physician- and
8 psychotherapist-patient privilege; excluding minor
8 from certain privilege; conferring certain rights on
9 parents and legal guardians subject to certain
9 condition; amending 59 O.S. 2021, Sections 1910 and
10 1939, which relate to counselors; modifying
10 conditions for disclosure of certain information;
11 amending 63 O.S. 2021, Section 2602, which relates to
11 minor self-consent to health services; granting
12 certain right and protection to parent or legal
12 guardian; modifying and removing certain conditions
13 for minor self-consent; providing certain
13 construction; modifying certain notice and disclosure
14 requirements; making language gender neutral;
14 updating statutory language and references;
15 authorizing certain actions by the Attorney General;
15 specifying applicability of actions; authorizing
16 recovery of certain relief; abolishing certain
16 immunities for specified purpose; providing for
17 codification; and providing an effective date.
17
18
18
19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
19
20 SECTION 1. AMENDATORY 12 O.S. 2021, Section 2503, is
20
21 amended to read as follows:
21
22 Section 2503. A. As used in this section:
22
23 1. A "patient" is a person who consults or is examined or
23
24 interviewed by a physician or psychotherapist;
24
Req. No. 871 Page 1
1 2. A "physician" is a person authorized to practice medicine in
1
2 any state or nation, or reasonably believed by the patient to be so
2
3 authorized;
3
4 3. A "psychotherapist" is:
4
5 a. a person authorized to practice medicine in any state
5
6 or nation, or reasonably believed by the patient to be
6
7 so authorized, while engaged in the diagnosis or
7
8 treatment of a mental or emotional condition,
8
9 including alcohol or drug addiction, or
9
10 b. a person licensed or certified as a psychologist under
10
11 the laws of any state or nation, or reasonably
11
12 believed by the patient to be so licensed or
12
13 certified, while similarly engaged; and
13
14 4. A communication is "confidential" if not intended to be
14
15 disclosed to third persons, except persons present to further the
15
16 interest of the patient in the consultation, examination, or
16
17 interview, persons reasonably necessary for the transmission of the
17
18 communication, or persons who are participating in the diagnosis and
18
19 treatment under the direction of the physician or psychotherapist,
19
20 including members of the patient's family.
20
21 B. A patient has a privilege to refuse to disclose and to
21
22 prevent any other person from disclosing confidential communications
22
23 made for the purpose of diagnosis or treatment of the patient's
23
24 physical, mental, or emotional condition, including alcohol or drug
24
Req. No. 871 Page 2
1 addiction, among the patient, the patient's physician or
1
2 psychotherapist, and persons who are participating in the diagnosis
2
3 or treatment under the direction of the physician or
3
4 psychotherapist, including members of the patient's family, except
4
5 that a minor child under eighteen (18) years of age has no privilege
5
6 to refuse to disclose or to prevent any other person from disclosing
6
7 such confidential communications to the minor child's parent or
7
8 legal guardian.
8
9 C. The privilege may be claimed by the patient, the patient's
9
10 guardian or conservator, or the personal representative of a
10
11 deceased patient. The person who was the physician or
11
12 psychotherapist at the time of the communication is presumed to have
12
13 authority to claim the privilege but only on behalf of the patient.
13
14 D. The following shall be exceptions to a claim of privilege:
14
15 1. There is no privilege under this section for communications
15
16 relevant to an issue in proceedings to hospitalize the patient for
16
17 mental illness, if the psychotherapist in the course of diagnosis or
17
18 treatment has determined that the patient is in need of
18
19 hospitalization;
19
20 2. Communications made in the course of a court-ordered
20
21 examination of the physical, mental, or emotional condition of a
21
22 patient, whether a party or a witness, are not privileged under this
22
23 section when they relate to the particular purpose for which the
23
24 examination is ordered unless the court orders otherwise;
24
Req. No. 871 Page 3
1 3. The privilege under this Code as to a communication relevant
1
2 to the physical, mental, or emotional condition of the patient in
2
3 any proceeding in which the patient relies upon that condition as an
3
4 element of the patient's claim or defense or, after the patient's
4
5 death, in any proceeding in which any party relies upon the
5
6 condition as an element of the party's claim or defense is qualified
6
7 to the extent that an adverse party in the proceeding may obtain
7
8 relevant information regarding the condition by statutory discovery;
8
9 4. When the patient is an inmate in the custody of the
9
10 Department of Corrections or a private prison or facility under
10
11 contract with the Department of Corrections, and the release of the
11
12 information is necessary:
12
13 a. to prevent or lessen a serious and imminent threat to
13
14 the health or safety of any person, or
14
15 b. for law enforcement authorities to identify or
15
16 apprehend an individual where it appears from all the
16
17 circumstances that the individual has escaped from a
17
18 correctional institution or from lawful custody; or
18
19 5. A minor child under eighteen (18) years of age has no
19
20 privilege to refuse to disclose or to prevent any other person from
20
21 disclosing communications otherwise confidential under this section
21
22 to the minor child's parent or legal guardian; or
22
23
23
24
24
Req. No. 871 Page 4
1 6. The testimonial privilege created pursuant to this section
1
2 does not make communications confidential where state and federal
2
3 privacy law would otherwise permit disclosure.
3
4 SECTION 2. NEW LAW A new section of law to be codified
4
5 in the Oklahoma Statutes as Section 2006 of Title 25, unless there
5
6 is created a duplication in numbering, reads as follows:
6
7 Notwithstanding any other provision of law, a parent or legal
7
8 guardian of a minor child under eighteen (18) years of age has a
8
9 right to be present during any meeting or consultation between a
9
10 health professional and the parent or legal guardian's minor child
10
11 under eighteen (18) years of age and to be provided, within a
11
12 reasonable time and at a reasonable cost, copies of any records of
12
13 services provided by a health professional to the parent or legal
13
14 guardian's minor child. Provided, however, that a parent or legal
14
15 guardian shall not be entitled to be present during such a meeting
15
16 or consultation, or to access such records, when the health
16
17 professional has been made aware of an allegation of parental child
17
18 abuse, child neglect, or battery.
18
19 SECTION 3. AMENDATORY 59 O.S. 2021, Section 1910, is
19
20 amended to read as follows:
20
21 Section 1910. A. No person licensed pursuant to the provisions
21
22 of the Licensed Professional Counselors Act shall knowingly and
22
23 willfully disclose any information the licensee may have acquired
23
24 from persons consulting the licensee in his professional capacity as
24
Req. No. 871 Page 5
1 a professional counselor or be compelled to disclose such
1
2 information except:
2
3 1. With the written consent of the client, or, except under the
3
4 circumstances described in paragraph 2 of this subsection, if the
4
5 client is less than eighteen (18) years of age, with the written
5
6 consent of the client's parent or legal guardian, or in the case of
6
7 death or disability of the client, the consent of his personal
7
8 representative or other person authorized to sue or the beneficiary
8
9 of any insurance policy on his life, health, or physical condition;
9
10 2. If the person is a child under the age of eighteen (18)
10
11 years and the information acquired by the licensed person indicated
11
12 that the child was the victim or subject of a crime, the licensed
12
13 person may be required to testify fully in relation thereto upon an
13
14 examination, trial or other proceeding in which the commission of
14
15 such a crime is a subject of inquiry;
15
16 3. If the client waives the privilege by bringing charges
16
17 against the licensed person;
17
18 4. When failure to disclose such information presents a danger
18
19 to the health of any person; or
19
20 5. If the licensed professional counselor is a party to a
20
21 civil, criminal or disciplinary action arising from such therapy, in
21
22 which case any waiver of the privilege accorded by this section
22
23 shall be limited to that action.
23
24
24
Req. No. 871 Page 6
1 B. No information shall be treated as privileged and there
1
2 shall be no privileges created by the Licensed Professional
2
3 Counselors Act as to any information acquired by the person licensed
3
4 pursuant to the Licensed Professional Counselors Act when such
4
5 information pertains to criminal acts or violation of any law.
5
6 C. The Licensed Professional Counselors Act shall not be
6
7 construed to prohibit any licensed person from testifying in court
7
8 hearings concerning matters of adoption, child abuse, child neglect,
8
9 battery, or matters pertaining to the welfare of children or from
9
10 seeking collaboration or consultation with professional colleagues
10
11 or administrative superiors on behalf of this client.
11
12 SECTION 4. AMENDATORY 59 O.S. 2021, Section 1939, is
12
13 amended to read as follows:
13
14 Section 1939. A. No person licensed pursuant to the provisions
14
15 of the Licensed Behavioral Practitioner Act shall disclose any
15
16 information the licensee may have acquired from persons consulting
16
17 the licensee in the licensee's professional capacity as a behavioral
17
18 practitioner or be compelled to disclose such information except:
18
19 1. With the written consent of the client, or, except under the
19
20 circumstances described in paragraph 2 of this subsection, if the
20
21 client is less than eighteen (18) years of age, with the written
21
22 consent of the client's parent or legal guardian, or in the case of
22
23 death or disability of the client, the consent of the client's
23
24 personal representative or other person authorized to sue or the
24
Req. No. 871 Page 7
1 beneficiary of any insurance policy on the client's life, health, or
1
2 physical condition;
2
3 2. If the client is a child under the age of eighteen (18)
3
4 years and the information acquired by the licensed person indicated
4
5 that the child was the victim or subject of a crime, the licensed
5
6 person may be required to testify fully in relation thereto upon an
6
7 examination, trial, or other proceeding in which the commission of
7
8 such a crime is a subject of the inquiry;
8
9 3. If the client waives the privilege by bringing charges
9
10 against the licensed person;
10
11 4. When failure to disclose such information presents a danger
11
12 to the health of any person; or
12
13 5. If the licensed behavioral practitioner is a party to a
13
14 civil, criminal, or disciplinary action arising from such therapy,
14
15 in which case any waiver of the privilege accorded by this section
15
16 shall be limited to that action.
16
17 B. No information shall be treated as privileged and there
17
18 shall be no privileges created by the Licensed Behavioral
18
19 Practitioner Act as to any information acquired by the person
19
20 licensed pursuant to the Licensed Behavioral Practitioner Act when
20
21 such information pertains to criminal acts or violation of any law.
21
22 C. The Licensed Behavioral Practitioner Act shall not be
22
23 construed to prohibit any licensed person from testifying in court
23
24 hearings concerning matters of adoption, child abuse, child neglect,
24
Req. No. 871 Page 8
1 battery, or matters pertaining to the welfare of children or from
1
2 seeking collaboration or consultation with professional colleagues
2
3 or administrative superiors on behalf of this client.
3
4 SECTION 5. AMENDATORY 63 O.S. 2021, Section 2602, is
4
5 amended to read as follows:
5
6 Section 2602. A. Notwithstanding any other provision of law,
6
7 the Except as provided in this section:
7
8 1. Health professionals shall not provide services to a minor
8
9 without the consent of a parent or legal guardian; and
9
10 2. A parent or legal guardian shall have the right to be
10
11 present during any meeting or consultation with a health
11
12 professional.
12
13 B. The following minors may consent to have services provided
13
14 by health professionals in the following cases:
14
15 1. Any minor who is married, has a dependent child, or is
15
16 emancipated;
16
17 2. Any minor who is separated from his parents or legal
17
18 guardian for whatever reason and is not supported by his parents or
18
19 guardian;
19
20 3. Any minor who is or has been pregnant, afflicted with any
20
21 reportable communicable disease, drug and substance abuse, or
21
22 abusive use of alcohol; provided, however, that such self-consent
22
23 only applies to the prevention, diagnosis, and treatment of those
23
24 conditions specified in this section. Any health professional who
24
Req. No. 871 Page 9
1 accepts the responsibility of providing such health services also
1
2 assumes the obligation to provide counseling for the minor by a
2
3 health professional. If the minor is found not to be pregnant nor
3
4 suffering from a communicable disease nor drug or substance abuse
4
5 nor abusive use of alcohol, the health professional shall not reveal
5
6 any information whatsoever to the spouse, parent or legal guardian,
6
7 without the consent of the minor Provided, however, that this
7
8 section shall not be construed to authorize any health professional
8
9 to provide any abortion-related services to a minor, including
9
10 counseling or referrals to another health professional for the
10
11 purpose of procuring an abortion;
11
12 4. 3. Any minor parent as to his or her child;
12
13 5. 4. Any spouse of a minor when the minor is unable to give
13
14 consent by reason of physical or mental incapacity;
14
15 6. 5. Any minor who by reason of physical or mental capacity
15
16 cannot give consent and has no known relatives or legal guardian
16
17 guardian who is known or discoverable by the health professional
17
18 through reasonably diligent inquiry, if two physicians agree on the
18
19 health service to be given;
19
20 7. 6. Any minor in need of emergency services for conditions
20
21 which will endanger his health or life involve a substantial risk of
21
22 permanent damage to his or her physical health or death if delay
22
23 would result by obtaining consent from his or her spouse, parent, or
23
24 legal guardian; provided, however, that the prescribing of any
24
Req. No. 871 Page 10
1 medicine or device or referral to another health professional for
1
2 the prevention or termination of pregnancy shall not be considered
2
3 such an emergency service; or
3
4 8. 7. Any minor who is the victim of sexual assault; provided,
4
5 however, that such self-consent only applies to a forensic medical
5
6 examination by a qualified licensed health care professional.
6
7 C. If any minor falsely represents facts that he may would
7
8 authorize him or her to give consent under subsection B of this
8
9 section and a health professional provides health services in
9
10 reasonable good faith based upon that misrepresentation, the minor
10
11 shall receive full services without the consent of the minor's
11
12 parent or legal guardian and the health professional shall incur no
12
13 liability except for negligence or, intentional harm. Consent of
13
14 the minor shall not be subject to later disaffirmance or revocation
14
15 because of his minority, or acts inconsistent with the requirements
15
16 of this section.
16
17 B. D. The health professional shall be required to make a
17
18 reasonable attempt to inform the spouse, parent, or legal guardian
18
19 of the minor of any treatment needed or provided under paragraph 7
19
20 of subsection A of this section. In all other instances in which a
20
21 minor may consent to services under this section, the health
21
22 professional may, but shall not be required to, inform the spouse,
22
23 parent, or legal guardian of the minor of any treatment needed or
23
24 provided. The judgment of the health professional as to
24
Req. No. 871 Page 11
1 notification shall be final, and his or her disclosure shall not
1
2 constitute libel, slander, the breach of the right of privacy, the
2
3 breach of the rule of privileged communication, or result in any
3
4 other breach that would incur liability.
4
5 E. Information about the minor obtained through care by a
5
6 health professional under the provisions of this act Section 2601 et
6
7 seq. of this title shall not be disseminated to any health
7
8 professional, school, law enforcement agency or official, court
8
9 authority, non-judicial government agency, or official employer,
9
10 without the consent of the minor, except through court order or
10
11 specific legal requirements or if the giving of the information is
11
12 necessary to the health of the minor and public. Statistical
12
13 reporting may be done when the minor's identity is kept
13
14 confidential.
14
15 F. The health professional shall not incur criminal liability
15
16 for action under the provisions of this act Section 2601 et seq. of
16
17 this title except for negligence or intentional harm.
17
18 SECTION 6. NEW LAW A new section of law to be codified
18
19 in the Oklahoma Statutes as Section 18m-3 of Title 74, unless there
19
20 is created a duplication in numbering, reads as follows:
20
21 A. Whenever the Attorney General has received a complaint from
21
22 a parent claiming a violation of Section 1, 2, 3, 4, or 5 of this
22
23 act, the Attorney General may, at the Attorney General's discretion,
23
24 bring suit for any violation of this act.
24
Req. No. 871 Page 12
1 B. An action under this section may be brought, and relief may
1
2 be granted, without regard to whether the person bringing the action
2
3 has sought or exhausted available administrative remedies.
3
4 C. Any person who successfully asserts a claim or defense under
4
5 this section may recover declaratory relief, injunctive relief,
5
6 nominal damages, compensatory damages, reasonable attorney fees and
6
7 costs, and any other appropriate relief.
7
8 D. Sovereign, governmental, and qualified immunities to suit
8
9 and from liability are waived and abolished to the extent of
9
10 liability created by this section.
10
11 SECTION 7. This act shall become effective November 1, 2025.
11
12
12
13 60-1-871 DC 1/19/2025 5:46:43 AM
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 871 Page 13Every fact on this page links to its source, starting with the official bill record.