1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1716 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to mental health records; amending 25
7 O.S. 2021, Section 307, as amended by Section 1,
8 Chapter 182, O.S.L. 2022 (25 O.S. Supp. 2023, Section
8 307), which relates to executive sessions under the
9 Oklahoma Open Meeting Act; authorizing executive
9 session by professional licensing board under certain
10 circumstances; requiring professional licensing board
10 to keep certain records confidential; providing
11 exceptions; requiring destruction of records under
11 certain circumstances; updating statutory language;
12 updating statutory reference; providing for
12 codification; 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 25 O.S. 2021, Section 307, as
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17 amended by Section 1, Chapter 182, O.S.L. 2022 (25 O.S. Supp. 2023,
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18 Section 307), is amended to read as follows:
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19 Section 307. A. No public body shall hold executive sessions
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20 unless otherwise specifically provided in this section.
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21 B. Executive sessions of public bodies will be permitted only
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22 for the purpose of:
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 1 1. Discussing the employment, hiring, appointment, promotion,
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2 demotion, disciplining or resignation of any individual salaried
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3 public officer or employee;
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4 2. Discussing negotiations concerning employees and
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5 representatives of employee groups;
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6 3. Discussing the purchase or appraisal of real property;
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7 4. Confidential communications between a public body and its
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8 attorney concerning a pending investigation, claim, or action if the
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9 public body, with the advice of its attorney, determines that
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10 disclosure will seriously impair the ability of the public body to
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11 process the claim or conduct a pending investigation, litigation, or
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12 proceeding in the public interest;
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13 5. Permitting district boards of education to hear evidence and
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14 discuss the expulsion or suspension of a student when requested by
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15 the student involved or the student’s parent, attorney or legal
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16 guardian;
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17 6. Discussing matters involving a specific handicapped disabled
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18 child;
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19 7. Discussing any matter where disclosure of information would
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20 violate confidentiality requirements of state or federal law;
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21 8. Engaging in deliberations or rendering a final or
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22 intermediate decision in an individual proceeding pursuant to
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23 Article II of the Administrative Procedures Act;
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 1 9. Discussing matters involving safety and security at state
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2 penal institutions or correctional facilities used to house state
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3 inmates;
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4 10. Discussing contract negotiations involving contracts
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5 requiring approval of the State Board of Corrections, which shall be
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6 limited to members of the public body, the attorney for the public
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7 body, and the immediate staff of the public body. No person who may
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8 profit directly or indirectly by a proposed transaction which is
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9 under consideration may be present or participate in the executive
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10 session; or
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11 11. Discussing the following:
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12 a. the investigation of a plan or scheme to commit an act
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13 of terrorism,
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14 b. assessments of the vulnerability of government
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15 facilities or public improvements to an act of
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16 terrorism,
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17 c. plans for deterrence or prevention of or protection
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18 from an act of terrorism,
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19 d. plans for response or remediation after an act of
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20 terrorism,
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21 e. information technology of the public body but only if
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22 the discussion specifically identifies:
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 1 (1) design or functional schematics that demonstrate
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2 the relationship or connections between devices
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3 or systems,
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4 (2) system configuration information,
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5 (3) security monitoring and response equipment
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6 placement and configuration,
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7 (4) specific location or placement of systems,
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8 components or devices,
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9 (5) system identification numbers, names, or
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10 connecting circuits,
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11 (6) business continuity and disaster planning, or
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12 response plans, or
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13 (7) investigation information directly related to
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14 security penetrations or denial of services, or
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15 f. the investigation of an act of terrorism that has
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16 already been committed., or
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17 g. For for the purposes of this subsection paragraph, the
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18 term “terrorism” means any act encompassed by the
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19 definitions set forth in Section 1268.1 of Title 21 of
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20 the Oklahoma Statutes; or
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21 12. Reviewing and discussing mental health documents related to
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22 a licensee under investigation or review by a professional licensing
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23 board if:
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 1 a. the executive session is held only to review or
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2 discuss mental health documents directly related to
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3 the licensee or to receive testimony from relevant
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4 witnesses as necessary for the board to make a
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5 determination in the matter,
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6 b. the documents reviewed or discussed are kept
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7 confidential, privileged and not discoverable in civil
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8 actions, and not made available to the public, and
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9 c. the licensee is given the opportunity to be present
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10 during any witness testimony or discussion of the
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11 mental health documents.
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12 C. Notwithstanding the provisions of subsection B of this
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13 section, the following public bodies may hold executive sessions:
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14 1. The State Banking Board, as provided for under Section 306.1
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15 of Title 6 of the Oklahoma Statutes;
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16 2. The Oklahoma Industrial Finance Authority, as provided for
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17 in Section 854 of Title 74 of the Oklahoma Statutes;
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18 3. The Oklahoma Development Finance Authority, as provided for
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19 in Section 5062.6 of Title 74 of the Oklahoma Statutes;
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20 4. The Oklahoma Center for the Advancement of Science and
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21 Technology, as provided for in Section 5060.7 of Title 74 of the
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22 Oklahoma Statutes;
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23 5. The Oklahoma Health Research Committee for purposes of
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24 conferring on matters pertaining to research and development of
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 1 products, if public disclosure of the matter discussed would
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2 interfere with the development of patents, copyrights, products, or
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3 services;
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4 6. The Oklahoma Workers’ Compensation Commission for the
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5 purposes provided for in Section 20 22 of Title 85A of the Oklahoma
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6 Statutes;
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7 7. A review committee, as provided for in Section 855 of Title
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8 62 of the Oklahoma Statutes;
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9 8. The Child Death Review Board for purposes of receiving and
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10 conferring on matters pertaining to materials declared confidential
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11 by law;
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12 9. The Domestic Violence Fatality Review Board as provided in
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13 Section 1601 of Title 22 of the Oklahoma Statutes;
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14 10. The Opioid Overdose Fatality Review Board, as provided in
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15 Section 2-1001 of Title 63 of the Oklahoma Statutes;
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16 11. All nonprofit foundations, boards, bureaus, commissions,
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17 agencies, trusteeships, authorities, councils, committees, public
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18 trusts, task forces or study groups supported in whole or part by
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19 public funds or entrusted with the expenditure of public funds for
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20 purposes of conferring on matters pertaining to economic development
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21 including the transfer of property, financing, or the creation of a
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22 proposal to entice a business to remain or to locate within their
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23 jurisdiction if public disclosure of the matter discussed would
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 1 interfere with the development of products or services or if public
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2 disclosure would violate the confidentiality of the business;
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3 12. The Oklahoma Indigent Defense System Board for purposes of
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4 discussing negotiating strategies in connection with making possible
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5 counteroffers to offers to contract to provide legal representation
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6 to indigent criminal defendants and indigent juveniles in cases for
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7 which the System must provide representation pursuant to the
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8 provisions of the Indigent Defense Act;
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9 13. The Quality Investment Committee for purposes of discussing
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10 applications and confidential materials pursuant to the terms of the
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11 Oklahoma Quality Investment Act;
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12 14. The Oklahoma Municipal Power Authority established pursuant
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13 to Section 24-101 et seq. of Title 11 of the Oklahoma Statutes and
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14 in its role as an electric utility regulated by the federal
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15 government, for purposes of discussing security plans and procedures
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16 including, but not limited to, cybersecurity matters; and
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17 15. The Oklahoma Tax Commission for purposes of discussing
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18 confidential taxpayer matters as provided in Section 205 of Title 68
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19 of the Oklahoma Statutes, and in compliance with subsection E of
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20 this section.
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21 D. Except as otherwise specified in this subsection, an
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22 executive session for the purpose of discussing the purchase or
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23 appraisal of real property shall be limited to members of the public
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24 body, the attorney for the public body and the immediate staff of
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 1 the public body. No landowner, real estate salesperson, broker,
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2 developer or any other person who may profit directly or indirectly
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3 by a proposed transaction concerning real property which is under
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4 consideration may be present or participate in the executive
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5 session, unless they are operating under an existing agreement to
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6 represent the public body.
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7 E. No public body may go into an executive session unless the
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8 following procedures are strictly complied with:
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9 1. The proposed executive session is noted on the agenda as
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10 provided in Section 311 of this title;
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11 2. The executive session is authorized by a majority vote of a
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12 quorum of the members present and the vote is a recorded vote; and
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13 3. Except for matters considered in executive sessions of the
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14 State Banking Board and the Oklahoma Tax Commission, and which are
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15 required by state or federal law to be confidential, any vote or
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16 action on any item of business considered in an executive session
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17 shall be taken in public meeting with the vote of each member
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18 publicly cast and recorded.
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19 F. A willful violation of the provisions of this section shall:
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20 1. Subject each member of the public body to criminal sanctions
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21 as provided in Section 314 of this title; and
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22 2. Cause the minutes and all other records of the executive
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23 session including tape recordings, to be immediately made public.
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 1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 24A.34 of Title 51, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. A professional licensing board shall keep confidential all
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5 records of any mental health diagnosis, counseling, or treatment of
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6 a licensee retained by the licensing board. Such records may only
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7 be released:
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8 1. To the licensee who is the subject of the records;
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9 2. To an authorized representative of the licensing board that
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10 holds the records for the purpose of evaluating the fitness of the
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11 licensee to engage in the practice of the licensed profession;
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12 3. Upon a court order; or
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13 4. In case of emergency if the licensee poses a danger to
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14 himself or herself or others.
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15 B. Upon request of the licensee, any mental health records
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16 retained by the licensing board shall be destroyed when the licensee
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17 retires or resigns from the licensed profession or in accordance
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18 with the laws of this state for archiving records, whichever is
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19 earlier.
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20 SECTION 3. This act shall become effective November 1, 2024.
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22 59-2-2958 TEK 1/16/2024 5:42:38 PM
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Statutes affected:
Introduced: 25-307
Floor (House): 25-307
Floor (Senate): 25-307
Engrossed: 25-307
Enrolled (final version): 25-307