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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
ENGROSSED SENATE
BILL NO. 1096 By: Bergstrom, Bullard, and
Jett of the Senate
and
Hasenbeck and Stark of the
House
An Act relating to hospitals; amending 63 O.S. 2021,
Section 1-706a, which relates to visitation; allowing
presence of certain spi ritual or religious leader;
updating statutory reference; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-706a, is
amended to read as follows:
Section 1-706a. 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 this title has
the right to have a:
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1. A parent, guardian or person standing in lo co parentis who
shall have the ability to b e present while the minor patient is
receiving hospital care; and
2. A pastor, minister, spiritual advisor, or other religious
leader designated by the 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 s ubsections D and E of this
section, each adult who is admit ted to a hospital licensed pursuant
to Section 1-702 of Title 63 of the Oklahoma Statutes this title has
the right to designate a:
1. A spouse, family member or caregiver who sh all have the
ability to be physically present while the adult patient is
receiving hospital care; and
2. A pastor, minister, spiritual advisor, or other religious
leader who shall have the ability to be 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 medica lly or
therapeutically cont raindicated in the best clinic al 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, 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 requi re visitors to comply
with reasonable safety protocols and rules of conduct. The hospita l
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 ente r an operating room, isolation
room, isolation unit, behavioral health setting or other t ypically
restricted area or to remain present during the administration of
emergency care in critical situations. Nothing in this sect ion
shall be construed to requir e a hospital to allow a visito r access
beyond the rooms, units or wards in which the pati ent 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, th e State Department of Health
or any governmental entity, no twithstanding declarations of
emergency declared by the Governor or the Legis lature. No hospital
licensed pursuant to Section 1 -702 of Title 63 of the Oklahoma
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Statutes this title 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 this title shall post on its website
informational materials developed by the State Department of Healt h
explaining the rights specified in this section. The State
Department of Health shall develop such informational materials and
make the materials available to hospitals for this p urpose.
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 ho spital 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 follo w the guidelines of the Centers for Disease
Control and Prevention or other federal guide lines 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 locati on.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/06/2022 -
DO PASS, As Coauthored.