1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1491 By: Stanley
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6 AS INTRODUCED
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7 An Act relating to sexually transmitted infections;
7 amending 63 O.S. 2021, Section 1-522, which relates
8 to treatment without prescription; providing certain
8 exception; defining terms; authorizing provision of
9 expedited partner therapy under certain conditions;
9 requiring provision of certain counseling; providing
10 certain protections from civil liability and
10 disciplinary action; specifying information to be
11 included in certain materials; authorizing
11 promulgation of rules; providing for codification;
12 and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-522, is
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17 amended to read as follows:
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18 Section 1-522. It Except as provided in Section 2 of this act,
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19 it shall be unlawful for any dealer to treat or offer to treat any
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20 infected person, or to sell, furnish or give to any infected person,
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21 or to any other person whomsoever, any medicines of any kind that
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22 may be advertised or used for treatment of (STI), before requiring
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23 such person to produce and file with such dealer a proper
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24 prescription for such medicine, issued and signed by a physician,
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 1 which prescription shall be by the dealer kept on file for a period
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2 of one (1) year from the date of the person receiving the same, and
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3 subject, at all reasonable hours, to the inspection of the State
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4 Commissioner of Health or local health officer.
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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 1-522.1 of Title 63, unless
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7 there is created a duplication in numbering, reads as follows:
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8 A. As used in this section:
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9 1. “Expedited partner therapy” means to prescribe, administer,
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10 dispense, or otherwise provide antimicrobial drugs to a sexual
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11 partner of a patient clinically diagnosed by a healthcare provider
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12 as infected with a sexually transmitted infection without a physical
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13 examination of such sexual partner; and
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14 2. “Healthcare provider” means an allopathic physician,
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15 osteopathic physician, physician assistant, or Advanced Practice
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16 Registered Nurse licensed in this state and authorized to prescribe
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17 drugs.
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18 B. 1. Subject to limitations provided by law or rule including
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19 but not limited to laws or rules governing scope of practice,
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20 supervision, or delegation of a healthcare provider, a healthcare
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21 provider who clinically diagnoses a patient with a sexually
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22 transmitted infection may provide expedited partner therapy if, in
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23 the professional judgment of the healthcare provider, the patient’s
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 1 sexual partner is unlikely or unable to present for examination,
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2 testing, and treatment.
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3 2. A healthcare provider who provides expedited partner therapy
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4 shall provide counseling to the patient, including distributing
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5 written materials developed and provided by the State Department of
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6 Health to be given by the patient to the patient’s sexual partner.
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7 3. A healthcare provider shall use expedited partner therapy
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8 only for a patient’s sexual partner who may have been exposed to a
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9 sexually transmitted infection within sixty (60) days immediately
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10 prior to the patient’s clinical diagnosis and who is able to be
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11 contacted and identified by the patient.
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12 C. 1. No healthcare provider or pharmacist shall be liable for
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13 civil damages resulting from any act or omission in good faith
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14 compliance with the provisions of this section, including civil
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15 damages for refusing to provide expedited partner therapy, other
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16 than an act or omission constituting gross negligence or willful or
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17 wanton misconduct.
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18 2. No healthcare provider or pharmacist shall be subject to
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19 disciplinary action by the provider’s or pharmacist’s licensing
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20 board on the basis of an act or omission in good faith compliance
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21 with the provisions of this section, other than an act or omission
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22 constituting gross negligence or willful or wanton misconduct.
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 1 D. The Department shall include the following information in
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2 written materials developed and provided for distribution as
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3 required by paragraph 2 of subsection B of this section:
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4 1. A warning that a woman who is pregnant or might be pregnant
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5 should not take certain antibiotics and should immediately contact a
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6 healthcare provider for an examination;
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7 2. Information about the antimicrobial drug and dosage provided
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8 or prescribed, including a warning that a sexual partner who has a
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9 history of allergy to the drug or the pharmaceutical class of drug
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10 should not take the drug and should immediately contact a healthcare
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11 provider for examination;
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12 3. Information about the treatment and prevention of the
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13 sexually transmitted infection;
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14 4. The requirement of sexual abstinence until a period of time
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15 after treatment to prevent infecting other sexual partners;
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16 5. Notification of the importance of the sexual partners
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17 receiving examination and testing for human immunodeficiency virus
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18 and other sexually transmitted infections and information about
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19 available resources;
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20 6. Notification of the risk to the patient, the patient’s
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21 sexual partner, and the general public if the sexually transmitted
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22 infection is not completely and successfully treated;
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23 7. The responsibility of the sexual partner to inform the
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24 sexual partner’s own sexual partners of the risk of sexually
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 1 transmitted infections and the importance of prompt examination and
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2 treatment by a healthcare provider; and
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3 8. Such other information deemed necessary by the State
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4 Commissioner of Health.
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5 E. The State Commissioner of Health and any affected licensing
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6 boards may promulgate rules as necessary to implement this section.
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7 SECTION 3. This act shall become effective November 1, 2024.
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9 59-2-2398 DC 12/15/2023 8:28:32 PM
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