An Act
ENROLLED HOUSE
BILL NO. 2687 By: Hasenbeck, Pittman, Stark,
Townley and Boles of the
House
and
Bergstrom and Stephens of
the Senate
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; prohibitin g 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 Dep artment 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.
SUBJECT: Hospitals
BE IT ENACTED BY THE PEOP LE 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:
ENR. H. B. NO. 2687 Page 2
A. This section sha ll 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 admi tted 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 car e.
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 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 hospi tal
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 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. Nothing in this section
shall be construed to require a hospital to allow a visitor access ENR. H. B. NO. 2687 Page 3
beyond the rooms, units or wards in which the p atient 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 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 al 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 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 visitor who is given access to
a hospital-controlled property or location.
SECTION 2. This act shall become effective November 1, 2021. ENR. H. B. NO. 2687 Page 4
Passed the House of Representatives the 5th day of May, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 19th day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________