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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3313 By: Roe
AS INTRODUCED
An Act relating to COVID-19 visitation; defining
terms; creating right to visitors; creating private
cause of action; creating requirements; specifying
damages; prohibiting official state claims; providing
for codification; providing an effective date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new s ection of law to be codified
in the Oklahoma Statu tes as Section 1-706b of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. As used in this act:
1. "COVID-19" means a disease caused by SARS -CoV-2 that can
trigger what a licensed physician diagnoses as a respiratory tract
infection;
2. "Medical entity" means any hospital, nursing facility,
skilled nursing facility, or long-term care facility where a COVID-
19 patient may be admitted for treatment of the condition;
3. "Isolation" means the state of being in a place or sit uation
that is separate from other patients; and
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4. "Visitation" means having the same ability to rec eive
visitors as a patient who is not being treated for COVID -19.
B. It shall be unlawful for any medical entity in this state to
deny visitation to COVID-19 patients, even when such patients are
deemed to be in isolation from the general public and other
patients. COVID-19 patients shall notify the entity's
administration of an individual who shall hold visitation rights to
the patient. Individuals who exercise these visitation rights may
be required to comply with certain hospital require ments, including,
but not limited to:
1. Signing an acknowledg ment-of-risks document;
2. Receiving a health screening administered by hospital staff;
and
3. Wearing personal protective equipment provided by the
hospital.
C. Individuals who exercise their visitation rights of COVID-19
patients shall be required to comply with all reasonable safety
protocols and rules o f conduct. The hospital may revoke visitation
rights to individuals if he or she fails to comply with the safety
protocols or visitation polic ies. Where an individual's visitation
right has been revoked, the patient shall designate a new individual
to exercise visitation rights, and the medical entity shall allow
visitation. Individuals who have been suspended from visitation
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shall be reviewed by hospital administration every thirty (30) days
for reinstatement of visitation rights.
D. This act shall be enforced exclusively through private civil
actions.
E. Any person, other th an an officer or employee of a state or
local governmental entity in this state, may bring a civil action
against any person who:
1. Isolates a COVID-19 patient without visitation rights under
this act;
2. Knowingly engages in c onduct that aids or abets the
isolation of a COVID-19 patient without visitation rights under this
act in violation of this act, regardless of whether the person knew
or should have known that the isolation would be conducted in
violation of this act; or
3. Intends to engage in th e conduct described by this act.
F. If a claimant prevails in an action brought under this
section, the court shall award:
1. Injunctive relief sufficient to prevent the defendan t from
violating this act or engaging in acts that aid or abet violations
of this act;
2. Statutory damages in the amount of Two Thousand Five Hundred
Dollars ($2,500.00) for each day that the defendant isolated a
COVID-19 patient in violation of this act, and for each day aided or
abetted such isolation; and
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3. Costs and attorney fees.
A court may not award relief under this se ction in response to a
violation of this act if the defendant demonstrates that the
defendant previously paid the full amount of statutory damages in a
previous action for that particular isolated COVID-19 patient in
violation of this act, or for the particular conduct that aided or
abetted the isolation of the COVID-19 patient in violation of this
act.
G. A person may bring an act ion under this act not later than
one (1) year after the date the cause of action accrues.
H. Notwithstanding any other law, t his state, a state official,
or a district may not intervene in an action brought under this
section. This subsection does not p rohibit a person described by
this subsection from filing an amicus curiae brief in the action.
I. A court shall not award costs or attorney fees to a
defendant in an action brought under th is act.
SECTION 2. This act shall become effecti ve July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and aft er its passage and approval.
58-2-10092 KN 01/19/22