39 | 44 | | |
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40 | 45 | | An Act relating to long -term care; providing for |
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41 | 46 | | designation of compassionate caregivers for long -term |
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42 | 47 | | care facility and assisted living residents; |
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43 | 48 | | requiring access to residents by certain people; |
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44 | 49 | | providing precautions that may be taken in certain |
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45 | 50 | | situations; allowing revocation of compassionate |
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46 | 51 | | caregiver status under certain circumstances; |
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47 | 52 | | prohibiting elimination of visitation; providing for |
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48 | 53 | | codification; and declaring an emergency. |
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49 | 54 | | |
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50 | 55 | | |
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51 | 56 | | |
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52 | 57 | | |
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53 | 58 | | |
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54 | 59 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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55 | 60 | | SECTION 1. NEW LAW A new section of law to b e codified |
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56 | 61 | | in the Oklahoma Statutes as Section 1 -1943.2 of Title 63, unless |
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57 | 62 | | there is created a duplication in numbering, reads as follows: |
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58 | 63 | | A. Every long-term care facility and assisted living facility |
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59 | 64 | | shall allow each resident to designate one or more com passionate |
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60 | 65 | | caregivers. Compassionate caregivers may be family members, |
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61 | 66 | | friends, volunteers, or other individuals identified by a resident, |
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62 | 67 | | the resident's family, or facility staff, who assist residents with |
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91 | 97 | | B. Every long-term care facility and assisted living facility |
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92 | 98 | | shall provide immediate access to a resident by immediate family |
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93 | 99 | | members, other relatives of the resident , or his or her |
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94 | 100 | | compassionate caregivers, subject to the resident's or his or her |
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95 | 101 | | legally appointed representative's right to deny or withdraw consent |
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96 | 102 | | at any time. |
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97 | 103 | | C. If the State Department of Health determines that visitation |
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98 | 104 | | in long-term care facilities and assisted living facilities should |
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99 | 105 | | be modified or restricted to protect the health and safety of |
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100 | 106 | | residents and staff, then each facility may take precautions to |
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101 | 107 | | protect the health and safety of staff and residents while ensuring |
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102 | 108 | | ongoing access to resi dents by their designated compassionate |
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103 | 109 | | caregivers. Such precautions may include the following: |
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104 | 110 | | 1. Requiring compassionate caregivers to wear surgical masks |
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105 | 111 | | and other personal protective equipment provided by the facility; |
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106 | 112 | | 2. Requiring compassionate car egivers to undergo testing for |
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107 | 113 | | highly communicable viral infections, but only if that testing is |
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108 | 114 | | paid for by the facility; |
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109 | 115 | | 3. Requiring compassionate caregivers to maintain a social |
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110 | 116 | | distance of at least six (6) feet from staff and any resident for |
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111 | 117 | | whom the compassionate caregiver is not specifically designated as |
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112 | 118 | | such; |
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141 | 148 | | 5. Any other precautions deemed necessary by the State |
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142 | 149 | | Department of Health to protect the health and safety of residents |
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143 | 150 | | and staff. |
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144 | 151 | | D. Compassionate caregivers may only have their status revoked |
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145 | 152 | | if they refuse to comply with reasonable precautions permitted by |
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146 | 153 | | subsection C of this section. In no case shall the St ate Department |
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147 | 154 | | of Health, any county health department, any city -county health |
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148 | 155 | | department, or any long -term care facility or assisted living |
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149 | 156 | | facility eliminate visitation altogether or restrict visitation |
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150 | 157 | | beyond the provisions of this section. |
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151 | 158 | | SECTION 2. It being immediately necessary for the preservation |
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152 | 159 | | of the public peace, health or safety, an emergency is hereby |
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153 | 160 | | declared to exist, by reason whereof this act shall take effect and |
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154 | 161 | | be in full force from and after its passage and approval. |
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