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ENGROSSED SENATE
BILL NO. 1259 By: Garvin of the Senate
and
Roe of the House
An Act relating to hospitals; amending 63 O.S. 2021,
Section 1-706a, which relates to rights of patients;
allowing certain patients to have specified
professional present; updating statutory reference;
exempting certain professionals from certain
policies; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
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 provisi ons of subsections D and E and F of
this section, each minor who is admitted to a hospital l icensed
pursuant to Section 1 -702 of Title 63 of the Oklahoma Statutes this
title has the right to have a parent, guardian or person standin g in
loco parentis who shall have the ability to be present while the
minor patient is receiving hospital care.
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C. Subject to the provisions of subsections D and E and F 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 this
title 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. Subject to the provisions of subsections E and F of this
section and in addition to the rights specified in subsection B or C
of this section, each minor or adult who is admitted for labor and
delivery to a hospital licensed pursuant to Section 1 -702 of this
title has the right to have a midwife, doula, or birth coach who
shall have the ability to be present while the patient is receiving
hospital care.
E. A hospital may establish visitation policies that limit or
restrict visitation when:
1. The presence of visitors would be medica lly 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 me mber, patient or other visitor; or
4. Visitors are noncompliant with hospital policy.
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E. F. A hospital may require visitors to wear personal
protective equipment, provided that any such required equipment
shall be provided by the h ospital. 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. G. Nothing in this section shall be construed to require a
hospital to allow a visit or 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 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. H. The rights specified in this sect ion may not be
terminated, suspended or waived by the ho spital, 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 this title shall require a patient
to waive the rights specified in this section.
H. I. Each hospital licensed pursuant to Section 1 -702 of Title
63 of the Oklahoma Statutes this title shall post on its website
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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. J. 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 otherwi se 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 req uire or
recommend restrictin g visitor access; or
4. The acts or omissions of any visitor who is given access to
a hospital-controlled property or location.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 1-706b of Title 63, unless there
is created a duplicati on in numbering, reads as follows:
A midwife, doula, or birth coach who is performing services
under a contract directly with a patient admitted for labor and
delivery to a hospital lic ensed pursuant to Section 1-702 of Title
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63 of the Oklahoma Statutes shall not be subject to the same
required policies of a n employee or contractor of the hospital.
SECTION 3. This act shall become effective November 1, 2022.
Passed the Senate the 17th day of February, 2022.
Presiding Officer of the Sen ate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives