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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 959 By: McIntosh
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6 AS INTRODUCED
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7 An Act relating to health care; defining terms;
7 granting certain protections to health care
8 institutions and health care payors; requiring
8 certain disclosure; providing certain immunity from
9 civil actions; providing certain construction;
9 providing exception; conferring certain rights on
10 medical practitioners, health care institutions, and
10 health care payors; authorizing certain requirement
11 by health care institution; prohibiting certain
11 discrimination against medical practitioners and
12 health care institutions; granting certain immunities
12 to medical practitioners and health care
13 institutions; granting additional protections;
13 prohibiting certain disciplinary actions by
14 professional licensing board or state agency;
14 requiring certain provision of complaint; providing
15 remedy for failure to notify; making certain
15 interference unlawful; providing remedies for
16 unlawful interference; directing promulgation of
16 certain rules; providing certain construction;
17 providing for codification; and providing an
17 effective date.
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20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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21 SECTION 1. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 1-728g of Title 63, unless there
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23 is created a duplication in numbering, reads as follows:
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24 As used in this act, unless the context requires otherwise:
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Req. No. 873 Page 1
1 1. "Conscience" means the ethical, moral, or religious beliefs
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2 or principles held by a medical practitioner, health care
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3 institution, or health care payor. With respect to institutional or
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4 corporate persons, as opposed to individual persons, the term is
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5 determined by reference to that entity's or body's governing
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6 documents including, but not limited to, published ethical, moral,
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7 or religious guidelines or directives, mission statements,
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8 constitutions, articles of incorporation, bylaws, policies, or
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9 regulations;
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10 2. a. "Discrimination" means an adverse action taken
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11 against, or a threat of adverse action communicated
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12 to, a medical practitioner, health care institution,
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13 or health care payor as a result of the medical
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14 practitioner, health care institution, or health care
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15 payor's refusal to participate in a health care
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16 service on the basis of conscience including, but not
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17 limited to, termination of employment; transfer from
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18 current position; demotion from current position;
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19 adverse administrative action; reassignment to a
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20 different shift or job title; increased administrative
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21 duties; denial of staff privileges; denial of board
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22 certification; loss of career specialty; reduction of
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23 wages, benefits, or privileges; refusal to award a
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24 grant, contract, or other program; refusal to provide
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Req. No. 873 Page 2
1 residency training opportunities; denial, deprivation,
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2 or disqualification of licensure; withholding or
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3 disqualifying from financial aid and other assistance;
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4 impediment of the creation or improvement of a health
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5 care institution or health care payor; impediment of
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6 the acquisition or merger of a health care institution
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7 or health care payor; the threat of any of the
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8 preceding actions; or any other penalty, disciplinary,
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9 or retaliatory action, whether executed or threatened.
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10 b. The term does not include the negotiation or purchase
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11 of insurance by a nongovernment entity;
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12 3. "Health care institution" means a public or private
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13 hospital, outpatient center for primary care, medical center,
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14 physician organization, professional association, outpatient center
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15 for surgical services, private physician's office, pharmacy, long-
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16 term care facility, medical school, nursing school, medical training
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17 facility, or any other entity or location in which health care
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18 services are performed. The term includes, but is not limited to,
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19 organizations, corporations, partnerships, associations, agencies,
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20 networks, sole proprietorships, or joint ventures;
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21 4. "Health care payor" means an employer, health plan, health
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22 maintenance organization, insurance company, management services
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23 organization, or another entity that pays for or arranges for
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24 payment for a health care service, in whole or in part;
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1 5. "Health care service" means medical research or medical care
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2 provided to a patient or client at any time during the patient's or
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3 client's course of treatment including, but not limited to, initial
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4 examination; testing; diagnosis; referral; dispensing or
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5 administration of a drug, medication, or device; psychological
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6 therapy or counseling; research; prognosis; therapy; record-making
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7 procedures; notes related to treatment, set up, or performance of a
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8 surgery or procedure; or any other care or service performed or
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9 provided by a medical practitioner;
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10 6. "Medical practitioner" means a person who is or may be asked
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11 to participate in a health care service. The term includes, but is
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12 not limited to, physicians; physician assistants; nurses including,
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13 but not limited to, Advanced Practice Registered Nurses; nurse
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14 aides; allied health professionals; medical assistants; hospital
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15 employees; employees of an outpatient center for primary care,
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16 outpatient center for surgical services, or long-term care facility;
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17 pharmacists; pharmacy technicians; pharmacy employees; medical
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18 school faculty and students; nursing school faculty and students;
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19 psychology and counseling faculty and students; medical researchers;
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20 laboratory technicians; counselors; social workers; or any other
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21 person who facilitates or participates in a health care service;
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22 7. "Participate in a health care service" means to provide,
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23 perform, assist with, facilitate, refer for, counsel for, advise
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1 with regard to, admit for the purposes of providing, or take part in
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2 any way in providing a health care service; and
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3 8. "Person" means one or more individuals, partnerships,
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4 associations, or corporations.
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5 SECTION 2. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 1-728h of Title 63, unless there
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7 is created a duplication in numbering, reads as follows:
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8 A. A health care institution or health care payor may not be
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9 required to participate in or pay for a health care service that
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10 violates the health care institution's or health care payor's
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11 conscience, including by permitting the use of its facilities.
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12 B. Except as provided in subsection D of this section, refusal
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13 to participate in or pay for a health care service under this
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14 section may not give rise to liability of the health care
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15 institution or health care payor for damages allegedly arising from
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16 the refusal or be the basis for any discrimination, discipline, or
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17 other recriminatory action against the health care institution,
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18 health care payor, or any personnel, agent, or governing board.
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19 C. Nothing in this section may be construed to relieve a health
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20 care institution of the requirement to provide emergency medical
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21 treatment to all patients set forth in the federal Emergency Medical
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22 Treatment and Labor Act, 42 U.S.C., Section 1395dd.
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1 D. The immunity provisions of this section do not apply to a
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2 health care institution or health care payor owned or operated by
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3 this state or a political subdivision of the state.
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4 E. Notwithstanding any other provision of this act to the
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5 contrary, a religious medical practitioner, health care institution,
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6 or health care payor that holds itself out to the public as
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7 religious, states in its governing documents that it has a religious
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8 purpose or mission, or has internal operating policies or procedures
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9 that implement its religious beliefs, shall have the right to make
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10 employment, staffing, contracting, and admitting privilege decisions
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11 consistent with its religious beliefs.
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12 SECTION 3. NEW LAW A new section of law to be codified
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13 in the Oklahoma Statutes as Section 1-728i of Title 63, unless there
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14 is created a duplication in numbering, reads as follows:
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15 A. A medical practitioner has the right not to participate in a
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16 health care service that violates the medical practitioner's
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17 conscience. A health care institution may not be held liable for
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18 the exercise of conscience not to participate in a health care
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19 service by a medical practitioner employed, contracted, or granted
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20 admitting privileges by the health care institution.
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21 B. A health care institution may require the exercise of
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22 conscience as a basis for not participating in a health care service
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23 to be made in writing and signed by the medical practitioner
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1 objecting. A writing made under this subsection may refer only
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2 generally to the grounds of conscience.
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3 C. A medical practitioner's refusal to participate in a health
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4 care service based on an exercise of conscience may not be a
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5 consideration with respect to staff privileges of a health care
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6 institution or basis for discrimination, discipline, or other
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7 recriminatory action against the medical practitioner.
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8 D. A medical practitioner may not be held liable for damages
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9 allegedly arising from the exercise of conscience not to participate
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10 in a health care service.
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11 SECTION 4. NEW LAW A new section of law to be codified
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12 in the Oklahoma Statutes as Section 1-728j of Title 63, unless there
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13 is created a duplication in numbering, reads as follows:
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14 The exercise of conscience not to participate in a health care
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15 service by a medical practitioner, health care institution, or
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16 health care payor may not be grounds for loss of any privileges or
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17 immunities or for the loss of any public benefits.
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18 SECTION 5. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 1-728k of Title 63, unless there
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20 is created a duplication in numbering, reads as follows:
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21 A. A medical practitioner or health care institution may not be
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22 discriminated against because the medical practitioner or health
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23 care institution:
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1 1. Provides, causes to be provided, or intends to provide or
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2 cause to be provided information relating to a suspected violation
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3 of this act to the medical practitioner or health care institution's
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4 employer, the Attorney General, the United States Department of
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5 Health and Human Services, or any state or federal agency charged
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6 with protecting health care rights of conscience; or
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7 2. Testifies, assists, participates, or intends to testify,
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8 assist, or participate in a proceeding concerning a violation of
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9 this act.
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10 B. Except as provided in subsection C of this section, it is
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11 unlawful to discriminate against a medical practitioner because the
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12 medical practitioner discloses information that the medical
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13 practitioner reasonably believes evidences:
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14 1. A violation of any law, rule, or regulation;
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15 2. A violation of any standard of care or ethical guidelines
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16 for the provision of any health care service; or
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17 3. Gross mismanagement, a gross waste of funds, an abuse of
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18 authority, practices or methods of treatment that may put patient
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19 health at risk, or a substantial and specific danger to public
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20 health or safety.
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21 C. Nothing in this section may be construed to exempt a person
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22 from any applicable state or federal confidentiality and patient
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23 privacy requirements including, but not limited to, the federal
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1 Health Insurance Portability and Accountability Act of 1996, 42
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2 U.S.C., Section 1320d et seq.
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3 SECTION 6. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 1-728l of Title 63, unless there
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5 is created a duplication in numbering, reads as follows:
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6 A. A professional licensing board or other state agency that
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7 grants licensure or certification may not reprimand, sanction, or
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8 revoke or threaten to revoke a license, certificate, or registration
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9 of a medical practitioner who is licensed or certified by the board
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10 or agency for engaging in speech or expressive activity protected
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11 under the First Amendment to the United States Constitution, unless
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12 the board or agency demonstrates beyond a reasonable doubt that the
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13 medical practitioner's speech was the direct cause of physical harm
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14 to a person with whom the medical practitioner had a practitioner-
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15 patient relationship within the three (3) years immediately
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16 preceding the incident of physical harm.
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17 B. 1. Within fourteen (14) calendar days of receiving a
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18 complaint that may result in revocation of a medical practitioner's
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19 license, certificate, or registration, the board or agency shall
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20 provide the medical practitioner with a copy of the complaint.
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21 2. If the board or agency fails to provide the complaint within
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22 fourteen (14) calendar days of receipt, the board or agency shall
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23 pay the medical practitioner an administrative penalty of Five
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24 Hundred Dollars ($500.00) for each week of noncompliance.
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Req. No. 873 Page 9
1 SECTION 7. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1-728m of Title 63, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. It is unlawful to interfere or attempt to interfere with the
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5 right not to participate in a health care service or the
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6 whistleblower and free speech rights and protections authorized by
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7 this act, whether by duress, coercion, or any other means.
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8 B. A medical practitioner, health care institution, or health
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9 care payor injured by unlawful interference is entitled to:
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10 1. Injunctive relief, when appropriate, including but not
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11 limited to reinstatement of a medical practitioner to the medical
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12 practitioner's previous position, reinstatement of board
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13 certification, and relicensure of a health care institution or
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14 health care payor;
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15 2. Monetary damages for injuries suffered; and
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16 3. Reasonable costs and attorney fees.
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17 SECTION 8. NEW LAW A new section of law to be codified
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18 in the Oklahoma Statutes as Section 1-728n of Title 63, unless there
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19 is created a duplication in numbering, reads as follows:
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20 The Insurance Commissioner shall promulgate reasonable and
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21 necessary rules concerning the implementation of this act relating
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22 to those insurers under its jurisdiction.
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1 SECTION 9. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1-728o of Title 63, unless there
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3 is created a duplication in numbering, reads as follows:
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4 This act is supplemental to and may not be construed as
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5 modifying or limiting the rights and remedies provided in the
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6 Freedom of Conscience Act, Section 1-728a et seq. of Title 63 of the
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7 Oklahoma Statutes.
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8 SECTION 10. This act shall become effective November 1, 2025.
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Req. No. 873 Page 11Every fact on this page links to its source, starting with the official bill record.