Text of OK HB 3136 (2026)

Health care providers; terms; rights for health care providers; protections; liability; exception; bona fide medical emergency; enforcement; whistleblower protections; federal law compliance; effective date.

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Req. No. 14259 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 60th Legislature (2026) HOUSE BILL 3136 By: West (Kevin) AS INTRODUCED An Act relating to health care providers; defining terms; establishing rights for health care providers; providing protections from liability; providing an exception due to bona fide medical emergency; providing for enforcement; providing whistleblower protections; establishing federal law compliance; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-728g of Title 63, unless there is created a duplication in numbering, reads as follows: As used in this act: 1. "Conscientious objection" means an inability to perform, participate in, or assist with a medical service due to moral, ethical, or religious beliefs; 2. "Health care institution" means any hospital, clinic, surgical center, or other entity employing or contracting health care providers; Req. No. 14259 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. "Health care provider" means a licensed physician, nurse, physician assistant, pharmacist, or other individual directly involved in patient care; and 4. "Medical procedure or service" means any research, treatment, procedure, or intervention provided for health purposes. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-728h of Title 63, unless there is created a duplication in numbering, reads as follows: A. Health care providers may assert a conscientious objection to performing or participating in any medical procedure or service that conflicts with their conscience. B. Conscientious objection applies to individual providers, ancillary staff, and institutions where the medical procedure or service is the basis for the conscientious objection. C. Health care providers shall submit written notification of refusal to their employing institution or supervising authority. The notice shall: 1. Identify the provider; 2. Reference conscience as the basis; 3. List the medical procedure or service being refused; and 4. Be submitted in paper or electronic form as soon as practical when the health care provider becomes aware of the need to assert a conscientious objection. The format shall be minimally burdensome. Req. No. 14259 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-728i of Title 63, unless there is created a duplication in numbering, reads as follows: A Health care providers and institutions acting in good faith under this act are immune from civil, professional, or administrative liability arising from the health care provider's assertion of the conscientious objection. B. Health care providers shall not be disciplined, terminated, or have privileges revoked solely for exercising conscience-based refusal. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-728j of Title 63, unless there is created a duplication in numbering, reads as follows: The right to assert a conscientious objection protected by this act shall not apply if it conflicts with the requirements of the Emergency Medical and Labor Act, 42 U.S.C., Section 1395dd, or any state law that regulates the provision of emergency medical service. SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-728k of Title 63, unless there is created a duplication in numbering, reads as follows: A. Health care providers who report violations of this act shall not be retaliated against. B. Complaints regarding violations shall be submitted to the State Department of Health or designated state office. Req. No. 14259 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. Health care providers aggrieved by any violation of this act may bring a private right of action and shall be entitled – upon the finding of a violation – to injunctive and declaratory relief, and to recover damages sustained, along with the costs of the action and reasonable attorney fees. SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-728l of Title 63, unless there is created a duplication in numbering, reads as follows: Nothing is this act requires violation of federal law or jeopardizes federal funding for institutions or health care providers. SECTION 7. This act shall become effective November 1, 2026. 60-2-14259 TJ 01/05/26