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SENATE FLOOR VERSION
April 5, 2021
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 2687 By: Hasenbeck, Pittman and
Stark of the House
and
Bergstrom of the Senate
An Act relating to hospitals; creating the No Patien t
Left Alone Act; providing for minor and adult
patients to designate a visitor with visitation
rights; authorizing hospital to est ablish certain
visitation policies; allowing hospital to mandate
certain safety protocols and r evoke visitation rights
for failure to comply; providing certain
construction; prohibiting termination, suspension or
waiver of visitation rights by certain parties;
providing certain limitations; prohibiting hospitals
from requiring patient waiver of cer tain rights;
requiring posting of certain informa tional materials;
requiring the State Department of Health to develop
certain informational materials; prohibiting action
against hospital by state agency for c ertain acts or
omissions; providing for codific ation; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-706a of Title 63, unless there
is created a duplication in numbering, reads as follows:
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A. This section shall be known and may be cited as the "No
Patient Left Alone Act ".
B. Subject to the provis ions of subsections D and E of this
section, each minor who is admitted to a hospital lice nsed pursuant
to Section 1-702 of Title 63 of the Oklahoma Statutes has the right
to have a parent, guardian or person standing in loco parentis who
shall have the ability to be present while the minor patient is
receiving hospital care.
C. Subject to the provisions of subsections D and E of this
section, each adult who is admitted to a hospital licensed pursuant
to Section 1-702 of Title 63 of the Oklahoma Statu tes has the right
to designate a spouse, family membe r or caregiver who shall have the
ability to be physically present while the adult pa tient is
receiving hospital care.
D. A hospital may establish visitation policies that limit or
restrict visitation when:
1. The presence of visitors would be medically or
therapeutically contraindicated in the best clinical judgment of
health care professionals;
2. The presence of visitors would interfere with the care of or
rights of any patient;
3. Visitors are engaging in disruptive, threatening or violent
behavior toward any staff member, patient or other visitor; or
4. Visitors are noncompliant with ho spital policy.
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E. A hospital may require visitors to wear personal protective
equipment, provided tha t any such required equipment shall be
provided by the hospital. A hospital may require visitors to comply
with reasonable safety protocols and rules of conduct. The hospital
may revoke visitation rights for failure to comply with this
section.
F. Nothing in this section shall be construed to require a
hospital to allow a visitor to enter an oper ating room, isolation
room, isolation unit, behavioral health setting or other typically
restricted area or to remain present during the administrati on of
emergency care in critical situations. Nothing in this section
shall be construed to require a hospital to allo w a visitor access
beyond the rooms, units or wards in which the patient the visitor is
visiting is receiving care or beyond general common areas in the
hospital.
G. The rights specified in this section may not be terminated,
suspended or waived by the hospital, the State Department of Health
or any governmental entity, notwithstanding declarations of
emergency declared by the Governor or the Legislature. No hospital
licensed pursuant to Section 1-702 of Title 63 of the Oklahoma
Statutes shall require a p atient to waive the rights specified in
this section.
H. Each hospital licensed pursuant to Section 1 -702 of Title 63
of the Oklahoma Statutes shall post on its website informational
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materials developed by the State Department o f Health explaining the
rights specified in this section. The State Department of Health
shall develop such information materials and make the materials
available to hospitals for this purpose.
I. Unless expressly required by federal law or regulation, the
State Department of Heal th or any other state agency shall not take
any action against a hospital for:
1. Giving a visitor individual access to a hospital -controlled
property or location;
2. Failing to protect or otherwise ensure the safety or comfort
of a visitor given access to a hospital-controlled property or
location;
3. Failing to follow the guidelines of the Centers for Disease
Control and Prevention or other federal guidelines that require or
recommend restricting visitor access; or
4. The acts or omissions of any visi tor who is given access to
a hospital-controlled property or location.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
April 5, 2021 - DO PASS AS AMENDED