Bill Text For SB0575 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 5|SENATE BILL NO. 575                  By: Allen of the Senate           |
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 6|                                         and                           |
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 7|                                         Randleman and Kiger of the    |
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10|                        COMMITTEE SUBSTITUTE                           |
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11|       An Act relating to the Parents' Bill of Rights;                 |
  |       amending Section 4, Chapter 238, O.S.L. 2014, as                |
12|       amended by Section 1, Chapter 50, O.S.L. 2016 (25               |
  |       O.S. Supp. 2018, Section 2004), which relates to                |
13|       consent for medical treatment of minors; allowing               |
  |       certain consent provided to a school district to be             |
14|       effective for certain school year and subject to                |
  |       renewal; exempting certain health professional                  |
15|       providing certain assessment or treatment through               |
  |       telemedicine from being required to make certain                |
16|       verification; amending Section 5, Chapter 238, O.S.L.           |
  |       2014 (25 O.S. Supp. 2018, Section 2005), which                  |
17|       relates to consent for mental health treatment of               |
  |       minors; modifying types of mental health evaluations            |
18|       and assessments that require certain consent;                   |
  |       removing requirement that certain health professional           |
19|       shall make certain verification; allowing certain               |
  |       consent provided to a school district to be effective           |
20|       for certain school year and subject to renewal;                 |
  |       exempting certain health professional providing                 |
21|       certain assessment or treatment through telemedicine            |
  |       from being required to make certain verification;               |
22|       providing an effective date; and declaring an                   |
  |       emergency.                                                      |
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arsid3408975 SB575 HFLR                                            Page 1
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 1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 2|    SECTION 1.     AMENDATORY     Section 4, Chapter 238, O.S.L.       |
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 3|2014, as amended by Section 1, Chapter 50, O.S.L. 2016 (25 O.S.        |
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 4|Supp. 2018, Section 2004), is amended to read as follows:              |
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 5|    Section 2004.  A.  Except as otherwise provided by law, no         |
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 6|person, corporation, association, organization, state-supported        |
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 7|institution, or individual employed by any of these entities may       |
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 8|procure, solicit to perform, arrange for the performance of, perform   |
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 9|surgical procedures, or perform a physical examination upon a minor    |
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10|or prescribe any prescription drugs to a minor without first           |
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11|obtaining a written consent of a parent or legal guardian of the       |
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12|minor.  Provided, however, that if written consent is provided to a    |
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13|school district for assessment or treatment, such consent shall be     |
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14|effective for the school year for which it is granted and shall be     |
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15|renewed each subsequent school year.  If an assessment or treatment    |
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16|is performed through telemedicine at a school site and if consent      |
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17|has been provided by the parent and is currently effective, the        |
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18|health professional shall not be required to verify that the parent    |
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19|is at the site.                                                        |
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20|    B.  Except as otherwise provided by law, no hospital as defined    |
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21|in Section 1-701 of Title 63 of the Oklahoma Statutes may permit       |
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22|surgical procedures to be performed upon a minor in its facilities     |
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23|without first having received a written consent from a parent or       |
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24|legal guardian of the minor.                                           |
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arsid3408975 SB575 HFLR                                            Page 2
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 1|    C.  The provisions of this section shall not apply when it has     |
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 2|been determined by a physician that an emergency exists and that it    |
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 3|is necessary to perform such surgical procedures for the treatment     |
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 4|of an injury, illness or drug abuse, or to save the life of the        |
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 5|patient, or when such parent or other adult authorized by law to       |
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 6|consent on behalf of a minor cannot be located or contacted after a    |
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 7|reasonably diligent effort.                                            |
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 8|    D.  The provisions of this section shall not apply to an           |
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 9|abortion, which shall be governed by the provisions of Sections        |
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10|1-740 through 1-740.6 and Sections 1-744 through 1-744.6 of Title 63   |
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11|of the Oklahoma Statutes or any successor statute.                     |
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12|    E.  A person who violates a provision of this section is guilty    |
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13|of a misdemeanor, punishable by a fine of not more than One Thousand   |
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14|Dollars ($1,000.00) or imprisonment of not more than one (1) year in   |
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15|the county jail, or by both such fine and imprisonment.                |
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16|    SECTION 2.     AMENDATORY     Section 5, Chapter 238, O.S.L.       |
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17|2014 (25 O.S. Supp. 2018, Section 2005), is amended to read as         |
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18|follows:                                                               |
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19|    Section 2005.  A.  Except as otherwise provided by law or a        |
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20|court order, no person, corporation, association, organization or      |
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21|state-supported institution, or any individual employed by any of      |
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22|these entities, may procure, solicit to perform, arrange for the       |
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23|performance of or perform mental health evaluation in a clinical or    |
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24|nonclinical setting or an assessment for mental health treatment       |
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arsid3408975 SB575 HFLR                                            Page 3
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 1|therapy on a minor without first obtaining the written or oral         |
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 2|consent of a parent or a legal guardian of the minor child.  If the    |
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 3|parental consent is given through telemedicine, the health             |
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 4|professional must verify the identity of the parent at the site        |
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 5|where the consent is given Provided, however, that if written          |
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 6|consent is provided to a school district for assessment or             |
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 7|treatment, such consent shall be effective for the school year for     |
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 8|which it is granted and shall be renewed each subsequent school        |
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 9|year.  If an assessment or treatment is performed through              |
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10|telemedicine at a school site and if consent has been provided by      |
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11|the parent and is currently effective, the health professional shall   |
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12|not be required to verify that the parent is at the site.              |
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13|    B.  This section does not apply when an emergency exists that      |
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14|requires a person to perform mental health screening or provide        |
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15|mental health treatment to prevent serious injury to or save the       |
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16|life of a minor child.                                                 |
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17|    C.  A person who violates this section is guilty of a              |
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18|misdemeanor, punishable by a fine of not more than One Thousand        |
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19|Dollars ($1,000.00) or imprisonment of not more than one (1) year in   |
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20|the county jail, or by both such fine and imprisonment.                |
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21|    SECTION 3.  This act shall become effective July 1, 2019.          |
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22|    SECTION 4.  It being immediately necessary for the preservation    |
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23|of the public peace, health or safety, an emergency is hereby          |
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arsid3408975 SB575 HFLR                                            Page 4
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 1|declared to exist, by reason whereof this act shall take effect and    |
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 2|be in full force from and after its passage and approval.              |
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 4|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/11/2019   |
  |- DO PASS, As Amended.                                                 |
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arsid3408975 SB575 HFLR                                            Page 5
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