Okla. Stat. tit. 63, § 63-3401.1

A. Each patient treated in this state shall have the following

rights when being treated:

1. To receive considerate and respectful care, provided in a

safe environment, free from all forms of abuse, neglect, harassment,

and exploitation;

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2. To receive information in plain language and in a manner

that is accessible and timely. Communications with the patient

shall be effective and provided in a manner that facilitates

understanding to the best of the patient’s ability.

a. For a patient with one or more disabilities, the right

conferred by this paragraph shall include the use of

accessible websites and the provision of auxiliary

aids and services at no cost to the individual in

accordance with the Americans with Disabilities Act of

1990 and Section 504 of the Rehabilitation Act of

1973.

b. For a patient with limited English proficiency, the

right conferred by this paragraph shall include the

provision of language services at no cost to the

individual, including oral interpretation and written

translations;

3. To receive as much information about any proposed treatment

or procedure as he or she may need in order to give informed consent

or to refuse the course of treatment. Except in emergencies, this

information shall include a description of the procedure or

treatment, the medically significant risks involved in the procedure

or treatment, alternate courses of treatment or nontreatment and the

risks involved in each, and the name of the person who shall carry

out the procedure or treatment;

4. To execute an advance directive for health care concerning

treatment or to designate a surrogate decision-maker with the

expectation that the hospital will honor the intent of that

directive to the extent allowed by law and hospital policy. The

health care provider shall advise a patient of his or her rights

under state law and hospital policy to make informed medical

decisions, ask if the patient has an advance directive, and include

that information in patient records. The patient has the right to

timely information about hospital policy that may limit its ability

to implement a legally valid advance directive;

5. To participate in the development and implementation of his

or her plan of care and to actively participate in decisions

regarding his or her medical care;

6. To accept medical care or to refuse treatment, to the extent

permitted by law, and to be informed of the consequences of such

refusal;

7. To be informed of his or her rights as a patient in advance

of, or when discontinuing, the provision of care. The patient may

appoint a representative to receive this information should he or

she so desire;

8. To have a family member or representative of his or her

choice notified promptly of his or her admission to the hospital;

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9. To request that no information regarding his or her

admittance, diagnosis, or treatment be released;

10. To review and obtain a copy of the medical records

pertaining to his or her medical care, with full disclosure of any

associated fees for such copies, except when restricted by law;

11. To receive reasonable continuity of care, when appropriate,

and to be informed by the doctor and other caregivers of available

and realistic patient care options when hospital care is no longer

appropriate;

12. To confidential treatment of all communications and records

pertaining to his or her care and stay at the hospital;

13. To expect that, within its capability, capacity, and

policies, the hospital shall make a reasonable response to the

request of a patient for appropriate and medically directed care and

services. The hospital shall provide evaluation, service, and a

referral as indicated by the urgency of the case. When medically

appropriate and legally permissible, or when a patient has requested
spital;

13. To expect that, within its capability, capacity, and

policies, the hospital shall make a reasonable response to the

request of a patient for appropriate and medically directed care and

services. The hospital shall provide evaluation, service, and a

referral as indicated by the urgency of the case. When medically

appropriate and legally permissible, or when a patient has requested

a transfer, that patient may be transferred to another facility.

The receiving facility shall have first agreed to accept the patient

for transfer. The patient shall also have the benefit of the

complete information and explanation concerning the need for, risks

and benefits of, and alternatives to such a transfer;

14. To a mechanism, which shall be implemented and maintained

by the hospital, for the consideration of ethical issues arising in

the care of patients, and to education on ethical issues in health

care, which the hospital shall provide to caregivers and patients;

15. To be advised of the hospital’s complaint or grievance

process should the patient wish to communicate a concern regarding

the quality of care he or she receives and to be advised of whom to

contact to file a complaint. The patient shall be provided with a

written notice of the complaint determination that contains the name

of the hospital’s contact person, the steps taken on the patient’s

behalf to investigate the complaint, the results of the complaint

and, when possible, the resolution of the complaint concerning the

quality of care;

16. To examine and receive an explanation of his or her bill

regardless of source of payment;

17. To remain free from restraints or seclusion in any forms

that are not medically necessary or are used as a means of coercion,

discipline, convenience, or retaliation by staff;

18. To receive the visitors whom he or she designates,

including, but not limited to, a spouse, a domestic partner, another

family member, or a friend. The patient has the right to withdraw

or deny consent at any time. Visitation shall not be restricted,

limited, or otherwise denied on the basis of race, color, national

origin, religion, sex, or disability; and

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19. For a patient who is a Medicare beneficiary, to be

informed, through use of the hospital-issued notice of noncoverage,

in advance of procedures or treatment for which Medicare may deny

payment, including a statement that the beneficiary may be

personally responsible for full payment if Medicare denies payment.

B. A patient, guardian of a patient, or legally authorized

representative of a patient shall have the following

responsibilities:

1. To provide accurate and complete information concerning the

patient’s present complaints, past illnesses, hospitalizations,

medications, and other matters relating to his or her health;

2. To report perceived risks in the patient’s care and

unexpected changes in his or her condition to the responsible health

care provider;

3. For the patient’s actions should he or she refuse treatment

or not follow his or her doctor’s orders;

4. To ask questions when the patient does not understand what

he or she has been told about the patient’s care or what he or she

is expected to do;

5. To be considerate of the rights of other patients and

hospital personnel;

6. To participate in educational and discharge planning

activities necessary to ensure that he or she has adequate knowledge

and support services to provide him or her with a safe environment

upon discharge from the hospital;

7. To ask the doctor or nurse what to expect regarding pain

management, to discuss pain relief options with doctors and nurses

and to help develop a pain management plan, to ask for pain relief

when pain first begins, to help doctors and nurses assess the

patient’s pain, to tell the doctors and nurses if his or her pain is
him or her with a safe environment

upon discharge from the hospital;

7. To ask the doctor or nurse what to expect regarding pain

management, to discuss pain relief options with doctors and nurses

and to help develop a pain management plan, to ask for pain relief

when pain first begins, to help doctors and nurses assess the

patient’s pain, to tell the doctors and nurses if his or her pain is

not relieved, and to tell doctors and nurses about any concerns

about taking pain medication;

8. To keep appointments and to notify the hospital or doctor

when he or she is unable to do so;

9. To be respectful of his or her personal property and that of

other patients in the hospital;

10. To follow hospital procedures; and

11. To ensure that the financial obligations of his or her care

are fulfilled as promptly as possible.

C. Any minor patient has the following rights when being

treated in this state:

1. To be treated with respect in regards to:

a. each child and adolescent as a unique individual, and

b. the caretaking role and individual response of the

parent and legal guardian;

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2. To provisions for normal physical and physiological needs of

a growing child including nutrition, rest, sleep, warmth, activity,

and freedom to move and explore. Minors shall have the right to:

a. appropriate treatment in the least restrictive

setting,

b. not receive unnecessary or excessive medication,

c. an individualized treatment plan and the right to

participate in the plan,

d. a humane treatment environment that provides

reasonable protection from harm and appropriate

privacy for personal needs,

e. separation from adult patients when possible, and

f. regular communication between the minor patient and

the patient’s family or legal guardian;

3. To consistent, supportive, and nurturing care;

4. To provisions for self-esteem needs which shall be met by

attempts to give the minor:

a. the reassuring presence of a parent or legal guardian,

b. freedom to express feelings or fears with appropriate

reactions,

c. as much control as possible over both self and

situation,

d. opportunities to work through experiences before and

after they occur, verbally, in play, or in other

appropriate ways, and

e. recognition for coping well during difficult

situations;

5. To provisions for varied and normal stimuli of life which

contribute to cognitive, social, emotional, and physical

developmental needs such as play and educational and social

activities essential to all children and adolescents;

6. To information about what to expect prior to, during, and

following a procedure or experience and support in coping with it;

7. To participate in decisions with a parent or legal guardian

affecting his or her own medical treatment; and

8. To the minimization of stay duration by recognizing

discharge planning needs.

D. Notwithstanding subsection C, parents or legal guardians

have the final say in their minor child’s medical care as specified

in Section 2002 of Title 25 of the Oklahoma Statutes, subject to the

provisions of Title 63 of the Oklahoma Statutes.

E. Each parent or legal guardian of minor patients in this

state shall have the following responsibilities:

1. To continue in his or her parenting role to the extent of

his or her ability; and

2. To be available to participate in decision-making and

provide staff with knowledge of other parent or family whereabouts.

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