Oklahoma Senate Bill SB1901

Oklahoma 2026 Regular Session

• Introduced: 2/2/26
• Refer: 2/3/26

Caption

Public health and safety; prohibiting certain actions by certain entities; requiring certain actions. Effective date.

Summary

SB1901 would regulate how organ donation and death-determination discussions are handled in hospitals and by organ procurement organizations. The bill prohibits hospital staff, procurement organization representatives, and others involved in anatomical gift procurement from discussing potential organ donation with a decedent’s immediate family within 24 hours of the official determination of death. It also bars misrepresenting the donor registry, implying that donation will speed end-of-life care, or suggesting financial compensation for donation. The bill requires procurement organizations to provide families with full disclosure of potential conflicts of interest, a written summary of the donation process, and contact information for an independent state ombudsperson. With the family’s written consent, discussions about potential anatomical gifts must be electronically recorded. The measure also allows anyone to report violations to the State Department of Health, protects employee-reporters’ anonymity and shields them from discipline, and authorizes the Health Commissioner to adopt rules to enforce the law. Violations would carry civil penalties of up to $50,000 per violation.

Impact

SB1901 would create a new section of Title 63 governing anatomical gifts and would amend the state’s death-determination statute, Section 3122, to require a second, independent neurologist or licensed physician to confirm death for purposes of anatomical gifts. It would add new compliance duties for hospitals, organ procurement organizations, and related personnel, while giving the State Department of Health enforcement authority and civil-penalty tools. The bill would also affect families of potential donors or decedents by adding disclosure, recording, and complaint-process requirements.

Sentiment

The available legislative record shows no committee transcript or recorded vote, so there is no direct evidence of debate or formal support/opposition in the materials provided. Based on the bill text, the measure appears framed as a consumer-protection and transparency bill aimed at safeguarding families during organ donation discussions and ensuring independent verification of death before donation-related actions proceed.

Contention

The main points of potential contention are the bill’s restrictions on when donation conversations may occur, the requirement for electronic recording of family discussions, and the mandate for an independent second physician to confirm death for anatomical-gift purposes. Organ procurement organizations and hospitals may view these provisions as burdensome or as creating delays in time-sensitive donation processes, while supporters are likely to argue they reduce conflicts of interest, improve transparency, and protect grieving families from pressure or misinformation. The civil penalty of up to $50,000 per violation is another likely source of concern because it creates significant financial exposure for covered entities.