Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB2687 Engrossed / Bill

Filed 04/20/2021

                     
 
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ENGROSSED SENATE AMENDMENT 
TO 
ENGROSSED HOUSE 
BILL NO. 2687 	By: Hasenbeck, Pittman and 
Stark of the House 
 
  and 
 
  Bergstrom of the Senate 
 
 
 
[ public health - creating the No Patient Left Alone 
Act - effective date ] 
 
 
 
 
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and 
entire bill and insert 
 
 
 
”An Act relating to hospitals; creating the No 
Patient Left Alone Act; providing for minor and adult 
patients to designate a visitor with visitation 
rights; authorizing hospital to establish certain 
visitation policies; allowing hospital to mandate 
certain safety protocols and revoke 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 certain rights; 
requiring posting of certain informational materials; 
requiring the State Department of Health to develop 
certain informational materials; prohibiting action 
against hospital by state agency for certain acts or 
omissions; providing for codification; and providing 
an effective date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:   
 
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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: 
A.  This section shall be known and may be cited as the "No 
Patient Left Alone Act ". 
B.  Subject to the provisions of subsections D and E of this 
section, each minor who is admitted to a hospital licensed 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 Statutes has the right 
to designate a spouse, family member or caregiver who shall have the 
ability to be physically present while the adult patient 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;   
 
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3.  Visitors are engaging in disruptive, thre atening or violent 
behavior toward any staff member, patient or other visitor; or 
4.  Visitors are noncompliant with hospital policy. 
E.  A hospital may require visitors to wear personal protective 
equipment, provided that 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 constru ed to require a 
hospital to allow a visitor to enter an operating room, isolation 
room, isolation unit , behavioral health setting or other typically 
restricted area or to remain present during the administration of 
emergency care in critical situations.  N othing in this section 
shall be construed to require a hospital to allow 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 specifi ed 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   
 
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Statutes shall require a patient 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 
materials developed by the State Department of 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 Health 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 prote ct 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 visitor who is given access to 
a hospital-controlled property or location. 
SECTION 2.  This act shall become effective November 1, 2021. ” 
   
 
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Passed the Senate the 19th day of April, 2021. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the ____ day of __________, 
2021. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives   
 
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ENGROSSED HOUSE 
BILL NO. 2687 	By: Hasenbeck, Pittman and 
Stark of the House  
 
  and 
 
  Bergstrom of the Senate  
 
 
 
 
 
[ public health - creating the No Patient Left Alone 
Act - effective date ] 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 3.     NEW LAW     A new section of law to be codifie d 
in the Oklahoma Statutes as Section 1 -706a of Title 63, unless there 
is created a duplication in numbering, reads as follows: 
This act shall be known and may be cited as the "No Patient Left 
Alone Act". 
SECTION 4.     NEW LAW     A new se ction of law to be codified 
in the Oklahoma Statutes as Section 1 -706b of Title 63, unless there 
is created a duplication in numbering, reads as follows: 
A.  Subject to the provisions of subsection D of this section, 
each minor who is admitted to a hospita l licensed 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   
 
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shall have the unrestricted privilege of being present while the 
minor patient is receiving hospital care. 
B.  Subject to the provisions of subsection D of this section, 
each adult who is admitted to a hospital licensed pursuant to 
Section 1-702 of Title 63 of the Oklahoma Statutes has the right to 
designate a spouse, family member, or friend who shall h ave the 
unrestricted privilege of being present while the adult patient is 
receiving hospital care. 
C.  The rights specified in this section may not be terminated, 
suspended, or waived by the hospital, the State Department of 
Health, or any governmental en tity, notwithstanding declarations of 
emergency declared by the Governor or the Legislature. 
D.  Hospitals may require visitors to wear personal protective 
equipment, provided that any such required equipment shall be 
provided by the hospital.  Nothing in this section shall be 
construed to require a hospital to allow a visitor to enter an 
operating room or other typically restricted area or to remain 
present during the administration of emergency care in critical 
situations.  
E.  No hospital licensed pursua nt to Section 1-702 of Title 63 
of the Oklahoma Statutes shall require a patient to waive the rights 
specified in this section. 
F.  Each hospital licensed pursuant to Section 1 -702 of Title 63 
of the Oklahoma Statutes shall post in a conspicuous place on t he   
 
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licensed premises informational materials developed by the State 
Department of Health explaining the rights specified in this 
section. 
SECTION 5.  This act shall become effective November 1, 2021. 
Passed the House of Representatives the 11th day of March, 2021. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the ___ day of __________, 2021. 
 
 
 
  
 	Presiding Officer of the Senate