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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 42 By: Rader and Bergstrom of the
Senate
and
Dills of the House
An Act relating to home care; amending 63 O.S. 20 11,
Section 1-1962, as last amended by Section 3, Chapter
77, O.S.L. 2017 (63 O.S. Supp. 2020, Section 1 -1962),
which relates to home care agency license; modifying
applicability of act; updating statutory language;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 1 -1962, as
last amended by Section 3, Chapter 77, O.S.L. 2017 (63 O.S. Supp.
2020, Section 1-1962), is amended to read as follows:
Section 1-1962. A. No home care agency as that term is defined
by the Home Care Act shall operate without first obtaining a license
as required by the Home Care Act.
B. 1. No home care agency, except as otherwise provided by
this subsection, shall place an individual in the role of supportive
home assistant with a client on a full -time, temporary, per diem, or
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other basis, unless the individual has completed agency -based
supportive home assistant training taught by a registered nurse in
the sections applica ble to the assistance required by the client.
Each supportive home assistant who successfully completes agency -
based training shall demonstrate competence by testing through an
independent entity approved by the State Department of Health. The
requirements related to application, approval, renewal, and denial
of such testing entities shall be set forth in administrative rules
promulgated by the State Board Commissioner of Health.
2. The home care agency shall develop a written training plan
that shall include, at a minimum, the following:
a. observation, reporting, and documentation of client
status and the standby assistance or other services
furnished,
b. maintenance of a clean, safe, and healthy environment,
c. recognizing an emergency and necessary em ergency
procedures,
d. safe techniques to provide standby assistance with
bathing, grooming, and toileting,
e. assistance with meal preparation and safe food
handling and storage,
f. client rights and responsibilities and the need for
respect for the clien t and for the privacy and
property of the client, and
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g. basic infection control practices to include, at a
minimum, instruction in acceptable hand hygiene
techniques and the application of standard
precautions.
3. Supervisory visits shall be made accordi ng to the client
need, as determined by the nursing supervisor, but no less than once
every six (6) months.
4. No supportive home assistant shall provide services to a
client until a criminal history background check and a check of the
nurse aide registry maintained by the State Department of Health is
performed in accordance with Section 1 -1950.1 of this title and the
assistant is found to have no notations of abuse of any kind on the
registry and no convictions of the crimes listed in subsection F of
Section 1-1950.1 of this title.
5. No home care agency may employ a supportive home assistant
listed on the Department of Human Services Community Services Worker
Registry.
6. No licensed health care facility, licensed physician,
advanced practice registere d nurse, physician assistant, or state
agency employee acting in the performance of his or her duties shall
refer a client for personal care services as defined in paragraph 8
of Section 1-1961 of this title or for companion or sitter services
as defined in paragraph 1 of subsection A of Section 1 -1972 of this
title, except to an agency licensed to provide such services. For
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purposes of this subsection, "licensed health care facility " shall
include acute care hospitals, long -term acute care hospitals,
rehabilitation hospitals, skilled nursing facilities, assisted
living facilities, residential care homes, home care agencies, adult
day care centers and hospice agencies.
C. 1. No employer or contractor, except as otherwise provided
by this subsection, shall employ or contract with any individual as
a home health aide for more than four (4) months, on a full -time,
temporary, per diem or other basis, unless the individual is a
licensed health professional or unless the individual has satisfied
the requirements for certification and placement on the home health
aide registry maintained by the State Department of Health.
2. a. Any person in the employment of a home care agency as
a home health aide on June 30, 1992, with continuous
employment through June 30, 199 3, shall be granted
home health aide certification by the Department on
July 1, 1993. The home care agency shall maintain
responsibility for assurance of specific competencies
of the home health aide and shall only assign the home
health aide to tasks for which the aide has been
determined to be competent.
b. Any home health aide employed between the dates of
July 1, 1992, and June 30, 1993, shall be eligible for
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certification by passing a competency evaluation and
testing as required by the Department.
c. Any home health aide employed on and after July 1,
1996, shall complete any specified training,
competency evaluation and testing required by the
Department.
D. The provisions of the Home Care Act shall not apply to:
1. A person acting alone who provide s services in the home of a
relative, neighbor or friend;
2. A person who provides maid services only;
3. A nurse service or home aide service conducted by and for
the adherents to any religious denomination, the tenets of which
include reliance on spiri tual means through prayer alone for
healing;
4. A person providing hospice services pursuant to the Oklahoma
Hospice Licensing Act;
5. A nurse-midwife;
6. An individual, agency, or organization that contracts with
the Oklahoma Health Care Authority to p rovide services under the
Home- and Community-Based Waiver for persons with developmental
disabilities or that contracts with the Department of Human Services
to provide community services to persons with developmental
disabilities; provided, that staff me mbers and individuals providing
the services shall receive a level of training, approved by the
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Department of Human Services, which meets or exceeds the level
required pursuant to the Home Care Act. An individual, agency or
organization otherwise covered under the Home Care Act shall be
exempt from the act only for those paraprofessional direct care
services provided under contracts referenced in this paragraph;
7. An individual, agency or organization that provides or
supports the provision of personal c are services to an individual
who performs individual employer responsibilities of hiring,
training, directing and managing a personal care attendant as part
of the Oklahoma Health Care Authority Consumer -Directed Personal
Assistance Supports and Services (CD-PASS) waiver program. An
individual, agency or organization otherwise covered under the
provisions of the Home Care Act shall be exempt from the act only
for those paraprofessional direct care services provided under
Oklahoma Health Care Authority con tracts referenced in this
paragraph, but shall not be exempt from the criminal history
background check required under the Home Care Act and Section 1 -
1950.1 of this title for other paraprofessional direct care service
providers. A personal care attendant hired by a consumer under the
CD-PASS program shall be exempt from certification as a home health
aide, provided such personal care attendant receives the training
required and approved by the Department of Human Services;
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8. An individual who only provi des Medicaid home- and
community-based personal care services pursuant to a contract with
the Oklahoma Health Care Authority;
9. An individual who:
a. is employed by a licensed home care agency exclusively
to provide personal care services on a live-in basis
in the home,
b. has no convictions pursuant to a criminal history
investigation as provided in Section 1 -1950.1 of this
title,
c. is being continuously trained by a registered nurse to
provide care that is specific to the needs of the
particular client receiving the care, and
d. is supervised by a registered nurse via an on -site
visit at least once each month;
10. A home or facility approved and annually reviewed by the
United States Department of Veterans Affairs as a medical foster
home in which care is provided exclusively to three or fewer
veterans; or
11. A person qualified by the Department as a certified nurse
aide pursuant to the provisions of Section 1 -1951 of this title.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH SERVICES AND LONG -TERM
CARE, dated 03/30/2021 - DO PASS, As Coauthored.