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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1677 By: Stark
COMMITTEE SUBSTITUTE
An Act relating to long -term care; providing for
designation of compassionate caregivers for long -term
care facility and assisted living residents;
requiring access to residents by certain people;
providing precautions that may be taken in certain
situations; allowing revocation of compassionate
caregiver status under certain circumstances;
prohibiting elimination of visitation; providing for
codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to b e codified
in the Oklahoma Statutes as Section 1 -1943.2 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Every long-term care facility and assisted living facility
shall allow each resident to designate one or more com passionate
caregivers. Compassionate caregivers may be family members,
friends, volunteers, or other individuals identified by a resident,
the resident's family, or facility staff, who assist residents with
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activities of daily living, such as bathing, dre ssing, and eating,
or who provide emotional, mental, or spiritual support to residents.
B. Every long-term care facility and assisted living facility
shall provide immediate access to a resident by immediate family
members, other relatives of the resident , or his or her
compassionate caregivers, subject to the resident's or his or her
legally appointed representative's right to deny or withdraw consent
at any time.
C. If the State Department of Health determines that visitation
in long-term care facilities and assisted living facilities should
be modified or restricted to protect the health and safety of
residents and staff, then each facility may take precautions to
protect the health and safety of staff and residents while ensuring
ongoing access to resi dents by their designated compassionate
caregivers. Such precautions may include the following:
1. Requiring compassionate caregivers to wear surgical masks
and other personal protective equipment provided by the facility;
2. Requiring compassionate car egivers to undergo testing for
highly communicable viral infections, but only if that testing is
paid for by the facility;
3. Requiring compassionate caregivers to maintain a social
distance of at least six (6) feet from staff and any resident for
whom the compassionate caregiver is not specifically designated as
such;
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4. Requiring compassionate caregivers to sanitize their hands
and have their temperature taken upon entering the facility; and
5. Any other precautions deemed necessary by the State
Department of Health to protect the health and safety of residents
and staff.
D. Compassionate caregivers may only have their status revoked
if they refuse to comply with reasonable precautions permitted by
subsection C of this section. In no case shall the St ate Department
of Health, any county health department, any city -county health
department, or any long -term care facility or assisted living
facility eliminate visitation altogether or restrict visitation
beyond the provisions of this section.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH SERVICES AND LONG -TERM
CARE, dated 02/18/2021 - DO PASS, As Amended.