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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1259 By: Garvin of the Senate
and
Roe of the House
COMMITTEE SUBSTITUTE
An Act relating to hospital visitation ; amending 63
O.S. 2021, Section 1-706a, which relates to t he No
Patient Left Alone Act; providing for applicability
of act to certain minor patients; mod ifying
provisions related to right of adult patients;
prescribing standard related to presence of visi tors;
authorizing hospitals to enact policies related to
visitation hours; providing for policies related to
end-of-life; modifying provisions related to actions
against hospitals; authorizing civil actions;
prescribing remedies; providing for affirmative
defense to actions; prescribing statute of
limitation; authorizing recovery of costs and
attorney fees; providing for codification; and
declaring an emergency.
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:
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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 including a minor patient has the right to have a parent,
guardian or person standin g in loco parentis who shall have the
ability to be physically present while the minor patient is
receiving hospital care.
C. Subject to the provisions of subsections D and E and F of
this section, each adult who is admitted to a hospital licensed
pursuant to Section 1-702 of Title 63 of the Oklahoma Statutes this
title including a patient hospitalized with COVID -19 has the right
to designate a spouse, or at least one family member or caregiver
who shall have the ability to be physically present while the ad ult
patient is receiving hospital care.
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.
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E. 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; however, a diagnosis of COVID-19 alone
shall not constitute a medical or therapeutic cause for visitation
rights to be removed;
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. 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. A hospital may enact policies establishing reasonable
visitation hours; provided, the policies allow for a compassionate
exemption process for twenty-four-hour visitation in end-of-life
scenarios.
H. Nothing in this section shall be construed to require a
hospital to allow a visit or to enter an operating room, isolation
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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 i s
visiting is receiving care or beyond general common areas in the
hospital.
G. I. 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. J. 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 Health
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 purpose.
I. K. 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:
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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 all reasonable facility safety
protocols and rules of conduct ; 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 Statutes 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 l icensed pursuant to Section 1-702 of Title
63 of the Oklahoma Statutes shall not be subject to the same
required policies of an employee or contractor of the hospital.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -706c of Title 63, unless there
is created a duplication in numbering, reads as follows:
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A. Where a complaint has been made against a hospital for
violating the No Patient Left Alone Act, a complainant may bring a
civil action against the hospital for:
1. Injunctive relief to prevent the hospital from further
violations of this section;
2. Statutory damages in the amount of Two Thousand Five Hundred
Dollars ($2,500.00); and
3. Costs and attorney fees.
B. A court may not award relief under this sect ion in response
to a violation of the No Patient Left Alone Act if the defen dant
demonstrates that the defendant previously paid the full amount of
statutory damages in a previous action for that particular incident
which violated the No Patient Left Alone Act, or if the defendant
demonstrates that the defen dant previously settled a civil action
for the same incident that violated the No Patient Left Alone Act.
C. A person may bring an action under the No Patient Left Alone
Act not later than one (1) year after the date of the violations of
the No Patient Left Alone Act.
D. A defendant of an action under this section shall be
entitled to costs and attorney fees as the court may find
appropriate for any unmerited claims.
SECTION 4. It being immediately necessary fo r 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 approva l.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/13/2022 -
DO PASS, As Amended.