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OK HB1687

Bill

Status

Engrossed

3/27/2025

Primary Sponsor

Cynthia Roe

Click for details

Origin

House of Representatives

2026 Regular Session

AI Summary

  • Creates the Uniform Health Care Decisions Act of 2025, establishing comprehensive rules for advance health care directives including powers of attorney for health care, health care instructions, and advance mental health care directives

  • Establishes a presumption of capacity for individuals making health care decisions, which can only be rebutted through examination by a physician, psychologist, or other qualified professional, with the individual retaining the right to object and request judicial review within 7 days

  • Creates a priority-based default surrogate system when no agent or guardian is available, with spouse ranked first (unless divorced/separated), followed by adult children/parents, cohabitants, adult siblings, grandchildren/grandparents, and others with special care relationships

  • Provides statutory damages of $25,000 for falsifying, concealing, or coercing creation/revocation of directives, and $50,000 for health care professionals who intentionally violate compliance requirements

  • Allows individuals to create irrevocable mental health care directives for specified psychiatric events, and permits agents to consent to voluntary mental health facility admission only if explicitly authorized with a specified maximum number of days

  • Repeals 16 existing Oklahoma statutes on advance directives (63 O.S. 2021, Sections 3101.1-3101.16) and takes effect November 1, 2025

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

Committee Referrals

Health and Human Services4/1/2025
Civil Judiciary2/4/2025
Judiciary and Public Safety Oversight2/4/2025

Full Bill Text

No bill text available