Oklahoma 2022 Regular Session

Oklahoma House Bill HB1677 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 1677 By: Stark, Bashore, Dills,
30-Dobrinski, Davis, Fetgatter
31-and Manger of the House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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33- and
31+STATE OF OKLAHOMA
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35- Weaver of the Senate
33+1st Session of the 58th Legislature (2021)
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35+COMMITTEE SUBSTITUTE
36+FOR
37+HOUSE BILL NO. 1677 By: Stark
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43+COMMITTEE SUBSTITUTE
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4045 An Act relating to long -term care; providing for
4146 designation of compassionate caregivers for long -term
4247 care facility and assisted living residents;
4348 requiring access to residents by certain people;
4449 providing precautions that may be taken in certain
4550 situations; allowing revocation of compassionate
4651 caregiver status under certain circumstances;
4752 prohibiting elimination of visitation; providing for
4853 codification; and declaring an emergency.
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5459 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5560 SECTION 1. NEW LAW A new section of law to b e codified
5661 in the Oklahoma Statutes as Section 1 -1943.2 of Title 63, unless
5762 there is created a duplication in numbering, reads as follows:
5863 A. Every long-term care facility and assisted living facility
5964 shall allow each resident to designate one or more com passionate
6065 caregivers. Compassionate caregivers may be family members,
6166 friends, volunteers, or other individuals identified by a resident,
6267 the resident's family, or facility staff, who assist residents with
63-activities of daily living, such as bathing, dressing, and eating,
64-or who provide emotional, mental, or spiritual support to residents.
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95+activities of daily living, such as bathing, dre ssing, and eating,
96+or who provide emotional, mental, or spiritual support to residents.
9197 B. Every long-term care facility and assisted living facility
9298 shall provide immediate access to a resident by immediate family
9399 members, other relatives of the resident , or his or her
94100 compassionate caregivers, subject to the resident's or his or her
95101 legally appointed representative's right to deny or withdraw consent
96102 at any time.
97103 C. If the State Department of Health determines that visitation
98104 in long-term care facilities and assisted living facilities should
99105 be modified or restricted to protect the health and safety of
100106 residents and staff, then each facility may take precautions to
101107 protect the health and safety of staff and residents while ensuring
102108 ongoing access to resi dents by their designated compassionate
103109 caregivers. Such precautions may include the following:
104110 1. Requiring compassionate caregivers to wear surgical masks
105111 and other personal protective equipment provided by the facility;
106112 2. Requiring compassionate car egivers to undergo testing for
107113 highly communicable viral infections, but only if that testing is
108114 paid for by the facility;
109115 3. Requiring compassionate caregivers to maintain a social
110116 distance of at least six (6) feet from staff and any resident for
111117 whom the compassionate caregiver is not specifically designated as
112118 such;
113-4. Requiring compassionate caregivers to sanitize their hands
114-and have their temperature taken upon entering the facility; and
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146+4. Requiring compassionate caregivers to sanitize their hands
147+and have their temperature taken upon entering the facility; and
141148 5. Any other precautions deemed necessary by the State
142149 Department of Health to protect the health and safety of residents
143150 and staff.
144151 D. Compassionate caregivers may only have their status revoked
145152 if they refuse to comply with reasonable precautions permitted by
146153 subsection C of this section. In no case shall the St ate Department
147154 of Health, any county health department, any city -county health
148155 department, or any long -term care facility or assisted living
149156 facility eliminate visitation altogether or restrict visitation
150157 beyond the provisions of this section.
151158 SECTION 2. It being immediately necessary for the preservation
152159 of the public peace, health or safety, an emergency is hereby
153160 declared to exist, by reason whereof this act shall take effect and
154161 be in full force from and after its passage and approval.
155-Passed the House of Representatives the 1st day of March, 2021.
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160- Presiding Officer of the House
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164-Passed the Senate the ___ day of __________, 2021.
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163+COMMITTEE REPORT BY: COMMITTEE ON HEALTH SERVICES AND LONG -TERM
164+CARE, dated 02/18/2021 - DO PASS, As Amended.