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Bill > HB1687
OK HB1687
OK HB1687Advance health care directives; creating the Uniform Health Care Decisions Act of 2026; establishing requirements for certain health care directives; effective date.
summary
Introduced
02/03/2025
02/03/2025
In Committee
04/08/2026
04/08/2026
Crossed Over
03/27/2025
03/27/2025
Passed
05/12/2026
05/12/2026
Dead
Signed/Enacted/Adopted
05/12/2026
05/12/2026
Introduced Session
2025 Regular Session
Bill Summary
An Act relating to advance health care directives; creating the Uniform Health Care Decisions Act of 2026; providing short title; defining terms; establishing requirements to show capacity; providing for presumption of capacity under certain circumstances; providing for rebuttal of certain presumption; requiring certain notice; establishing procedures to object to certain finding; authorizing judicial review of certain finding; authorizing creation of health care instruction; establishing requirements for health care instruction; establishing requirements for creation of power of attorney for health care; authorizing creation of advance mental health care directive; establishing requirements for advance mental health care directive; establishing requirements for conflicting health care directives; providing optional form for advance health care directive; authorizing default surrogate who is a member of certain classes; establishing requirements for default surrogate; establishing procedures for disagreement of default surrogates; providing for disqualification of certain persons for acting as default surrogate; authorizing revocation of certain appointment, designation, or instruction; establishing requirements for validity of directives created out of state; directing resolution of conflicts of law; establishing duties of agent or default surrogate; providing for commencement and ceasing of powers of agent or default surrogate; prohibiting certain actions by agent or default surrogate; authorizing appointment of coagents and alternate agents; prohibiting authorization of certain persons to serve as agent or default surrogate; establishing certain duties for health care professionals and health care institutions; defining term; authorizing certain decisions by guardians; providing immunity from civil or criminal liability for certain health care professionals or institutions; prohibiting certain conduct; providing for award of damages; authorizing issuance of certain court orders upon petition; construing provisions; requiring court to consider uniformity of law under certain circumstances; providing for validity of certain advance directives; clarifying applicability of act; requiring issuance of court order upon certain motion; repealing 63 O.S. 2021, Sections 3101.1, 3101.2, 3101.3, 3101.4, 3101.5, 3101.6, 3101.7, 3101.8, 3101.9, 3101.10, 3101.11, as amended by Section 737, Chapter 486, O.S.L. 2025, 3101.12, 3101.13, 3101.14, 3101.15, 3101.16, 3102.4, as amended by Section 15, Chapter 136, O.S.L. 2022, and 3102.5 (63 O.S. Supp. 2025, Sections 3101.11 and 3102.4), which relate to the Oklahoma Advance Directive Act; repealing Sections 1, 2, 3, as amended by Section 1, Chapter 154, O.S.L. 2023, 4, 5, as amended by Section 2, Chapter 154, O.S.L. 2023, 6, 7, 8, 9, 10, 11, 12, and 13, Chapter 136, O.S.L. 2022 (63 O.S. Supp. 2025, Sections 3111.1, 3111.2, 3111.3, 3111.4, 3111.5, 3111.6, 3111.7, 3111.8, 3111.9, 3111.10, 3111.11, 3111.12, and 3111.13), which relate to the Oklahoma Health Care Agent Act; providing for codification; and providing an effective date. SUBJECT: Advance health care directives
AI Summary
This bill, titled the "Uniform Health Care Decisions Act of 2026," establishes comprehensive guidelines for advance health care directives, which are legal documents outlining an individual's wishes for medical treatment when they are unable to make decisions for themselves. It defines key terms like "advance health care directive," "agent" (a person appointed to make decisions), and "default surrogate" (a person who can make decisions if no agent or guardian is available). The bill outlines requirements for demonstrating capacity to make health care decisions, establishes procedures for determining when an individual lacks capacity, and details how to object to such findings, including provisions for judicial review. It also specifies requirements for creating health care instructions and powers of attorney for health care, including the creation of advance mental health care directives. The bill addresses situations with conflicting directives, provides an optional form for advance health care directives, and establishes a hierarchy for default surrogates, including procedures for disagreements among them and disqualifications for certain individuals. It also clarifies the validity of directives created out of state, outlines the duties of agents and default surrogates, and sets forth responsibilities for health care professionals and institutions, including protections from liability for good-faith actions. Importantly, the bill repeals existing laws related to advance health care directives and health care agents, consolidating and updating these provisions under the new Uniform Act, which will take effect on July 1, 2027.
Committee Categories
Health and Social Services, Justice
Sponsors (2)
Last Action
Approved by Governor 05/11/2026 (on 05/12/2026)
Bill Topics
Health
- ‐ General Health
- ‐ Long-term Care and Elderly Issues
- ‐ Mental Illness, Mental Retardation, and Deinstitutionalization
Official Document
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