Bill No. 1687, known as the "Uniform Health Care Decisions Act of 2025," seeks to create a structured framework for advance health care directives in Oklahoma. The legislation introduces definitions for essential terms such as "advance health care directive," "agent," and "default surrogate," while establishing a presumption of capacity for individuals making health care decisions. It outlines the process for challenging this presumption and the rights of individuals to contest capacity findings. The bill also details the creation of health care instructions and powers of attorney, along with guidelines for health care professionals regarding their responsibilities. Notably, it allows for the establishment of advance health care directives specifically addressing mental health care, requiring signatures in the presence of two adult witnesses.
Additionally, the bill specifies the hierarchy of default surrogates for health care decisions when an individual lacks capacity and has not appointed an agent. It mandates that default surrogates inform health care professionals of any disagreements among surrogate classes, who must then comply with the majority decision. The legislation also includes provisions for the revocation of health care directives, the validity of directives created outside the state, and the fiduciary duties of agents and surrogates. Importantly, it protects health care professionals from liability when acting in good faith and prohibits actions such as falsifying directives or coercing individuals regarding their health care decisions. The act will take effect on November 1, 2025, and repeals several existing laws related to advance health care directives.
Statutes affected: Introduced: 63-3101.1, 63-3101.2, 63-3101.3, 63-3101.4, 63-3101.5, 63-3101.6, 63-3101.7, 63-3101.8, 63-3101.9, 63-3101.10, 63-3101.11, 63-3101.12, 63-3101.13, 63-3101.14, 63-3101.15, 63-3101.16
Floor (House): 63-3101.1, 63-3101.2, 63-3101.3, 63-3101.4, 63-3101.5, 63-3101.6, 63-3101.7, 63-3101.8, 63-3101.9, 63-3101.10, 63-3101.11, 63-3101.12, 63-3101.13, 63-3101.14, 63-3101.15, 63-3101.16
Engrossed: 63-3101.1, 63-3101.2, 63-3101.3, 63-3101.4, 63-3101.5, 63-3101.6, 63-3101.7, 63-3101.8, 63-3101.9, 63-3101.10, 63-3101.11, 63-3101.12, 63-3101.13, 63-3101.14, 63-3101.15, 63-3101.16