All Roll Calls
Yes: 345 • No: 15
OklahomaHB 1687Oklahoma 2026 Regular SessionHouse
Advance health care directives; creating the Uniform Health Care Decisions Act of 2026; establishing requirements for certain health care directives; effective date.
Sponsored By: Cynthia Roe (Republican)
Signed by Governor
Senate Committee
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 5 benefits, 0 costs, 3 mixed.
Big penalties for directive tampering
Beginning July 1, 2027, it is illegal to falsify, hide, damage, or pressure someone to make or cancel an advance directive. Victims can recover at least $25,000 or their actual damages, whichever is more. If a health professional or hospital acts intentionally, the minimum award is $50,000 or actual damages. Winners can also get attorney fees and costs. There is a narrow shield for emergency responders who act reasonably to prevent death or serious harm.
Quick court help to enforce decisions
Beginning July 1, 2027, the court can stop a surrogate or agent decision that breaks the law, replace a disqualified or dangerous agent, or order the correct decision to be carried out. The individual, a surrogate, a health professional or institution, or an interested person can file. If the case seeks to stop a decision about life‑sustaining care, the court must order care needed to prevent death during the case and any appeal, unless that would deny the same care to someone else.
Provider duties, refusals, and protections
Beginning July 1, 2027, doctors and hospitals must try to find your surrogate, tell you decisions when feasible, and document directives and surrogate status in your record. They must follow valid instructions and reasonable surrogate decisions, unless care is unavailable, conflicts with accepted standards or a court order, or they timely refuse based on conscience or policy. If they refuse, they must promptly inform you and your surrogate, try to transfer you, and provide needed life‑sustaining or comfort care until transfer. Health workers, hospitals, agents, and default surrogates acting in good faith with a reasonable belief are protected from lawsuits and discipline.
Rules on life support and insurance
Beginning July 1, 2027, agents cannot stop routine ventilators for people who use them long term unless narrow conditions apply, such as a clear instruction, care not needed to sustain life, or death expected within two weeks. To allow stopping artificial nutrition or fluids, your in‑state directive must say so and be separately initialed or signed. The law does not allow assisted suicide or euthanasia. If care is lawfully withheld or withdrawn under this Act, the death is not suicide or homicide and does not cancel insurance or annuity death benefits.
Who can decide for you, and limits
Beginning July 1, 2027, an agent’s power starts when a professional or court finds you lack capacity and ends if you regain it or object, with stated exceptions. Agents can get and copy your medical records and may apply for insurance if no one else is authorized. Agents face limits: they may only agree to voluntary mental‑health admission if your directive clearly allows it for a set time, and they may not place you in a nursing home over your objection if a reasonable alternative exists unless you specifically allowed it. Agents and surrogates must follow your stated wishes or, if unknown, act in your best interest; your agent’s decision generally prevails over a guardian unless a court orders otherwise. Courts can disqualify dangerous decision‑makers. Facility staff generally cannot serve unless they are family or a cohabitant (or descendant). People with certain abuse convictions or state abuse findings, or those currently charged with those crimes, cannot be default surrogates. You can also disqualify a default surrogate by a clear signed, spoken, or nonverbal statement. Spouse appointments can be revoked by divorce, annulment, separation, or certain abandonment events.
Clear, fast rules on capacity
Beginning July 1, 2027, you are presumed able to make health decisions unless a court or qualified professional shows otherwise. Only specific licensed professionals can make that finding, and they must explain the cause and likely duration. You must be told quickly and can object; a second independent exam or a court order is then needed, unless there is an imminent serious‑harm emergency. You or an interested person can ask the county court for a ruling. The court holds a hearing within seven days and decides within seven more, using clear and convincing evidence.
Easier to make and prove directives
Beginning July 1, 2027, you can sign a health care power of attorney with one qualified adult witness, including by real‑time audio‑video or, in some cases, audio only. A paper or electronic copy works the same as the original, and you can certify a paper copy of an electronic directive under penalty of perjury. Oklahoma honors valid out‑of‑state and electronic directives. Directives made before this date stay valid. Nonrevocable mental‑health directives must be in a separate record with two in‑person adult witnesses who confirm you understood and acted voluntarily. The new Act replaces older state advance‑directive laws.
Set care wishes and backup agents
Beginning July 1, 2027, you can make a health care instruction that states your values, preferred clinicians, and who to consult. Doctors must add it to your medical record quickly. You can name multiple coagents who may act independently unless your document says otherwise, and you can name alternates who step in if the first agent cannot. If you have more than one directive, the law explains which one controls; later instructions can replace earlier conflicting parts.
Sponsors & Cosponsors
Sponsor
Cynthia Roe
Republican • House
Cosponsors
Paul Rosino
Republican • Senate
Roll Call Votes
House vote • 5/6/2026
FOURTH READING
Yes: 77 • No: 3
Senate vote • 5/5/2026
THIRD READING
Yes: 47 • No: 0
Senate vote • 4/8/2026
Committee vote: Health & Human Services
Yes: 9 • No: 0
Senate vote • 4/8/2026
Top_of_Page
Yes: 0 • No: 0
House vote • 3/26/2025
THIRD READING
Yes: 87 • No: 6
House vote • 3/26/2025
Top_of_Page
Yes: 87 • No: 6
House vote • 2/27/2025
DO PASS
Yes: 11 • No: 0
House vote • 2/27/2025
DO PASS
Yes: 11 • No: 0
House vote • 2/6/2025
DO PASS
Yes: 8 • No: 0
House vote • 2/6/2025
DO PASS
Yes: 8 • No: 0
Bill Text
Enrolled (final version)
5/6/2026
Amended And Engrossed
5/5/2026
Floor (Senate)
4/9/2026
Senate Committee Report
4/8/2026
Engrossed
3/27/2025
Floor (House)
3/3/2025
House Committee Report
2/27/2025
House Policy Committee Report
2/6/2025
Introduced
1/16/2025
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