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OK HB1687
Bill
Status
3/27/2025
Primary Sponsor
Cynthia Roe
Click for details
AI Summary
HB 1687 Summary: Uniform Health Care Decisions Act of 2025
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Creates comprehensive framework for advance health care directives in Oklahoma, allowing individuals to appoint agents to make health care decisions and provide health care instructions when they lack capacity.
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Establishes presumption of capacity with ability to rebut through examination by qualified health care professionals, with specific procedural safeguards including right to object, judicial review, and clear and convincing evidence standard.
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Defines "default surrogate" system establishing priority order (spouse, adult children/parents, cohabitant, siblings, etc.) to make health care decisions when no agent appointed, with multiple safeguards against conflicts and disqualification provisions.
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Allows individuals to create advance mental health care directives addressing only mental health care with special provisions restricting revocation during specified psychiatric events, requiring separate documentation and two adult witnesses.
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Provides liability protections for health care professionals and institutions acting in good faith, establishes statutory damages up to $50,000 for violations, and becomes effective November 1, 2025, repealing prior advance directive statutes.
Legislative Description
Advance health care directives; Uniform Health Care Decisions Act of 2025; definitions; capacity; presumption of capacity; overcoming presumption; notice; judicial review; power of attorney; advance mental health care directive; conflicting health care directives; default surrogate; disqualification; revocation; validity; conflict of law; duties; powers; coagents; responsibilities; immunity; conduct; damages; judicial relief; effective date.
Last Action
Second Reading referred to Health and Human Services
4/1/2025