An Act
ENROLLED 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. 2011,
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; mod ifying
applicability of act; updating statutory language ;
and providing an effectiv e date.
SUBJECT: Home care
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 follo ws:
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 agen cy, except as otherwise provided by
this subsection, shall place an individual in the role of sup portive
home assistant with a client on a full -time, temporary, per die m, or
other basis, unless the individual has completed agency -based
supportive home assi stant training taught by a registered nurse in
the sections applicable to the assistance required by the client.
Each supportive home assistant who successfully completes agency-
ENR. S. B. NO. 42 Page 2
based training shall demonstrate competence by testing th rough an
independent entity approved by the State Department of Health. The
requirements related to application, app roval, 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 agen cy shall develop a written training plan
that shall include, at a minimum, the follo wing:
a. observation, reporting, and documentatio n of client
status and the standby assistance or other services
furnished,
b. maintenance of a clean, safe, and healthy env ironment,
c. recognizing an emergency and necessary emergency
procedures,
d. safe techniques to provide standby assistance with
bathing, grooming, and toil eting,
e. assistance with meal preparation and safe food
handling and storage,
f. client rights and responsibilities and the need for
respect for the client and for the privacy and
property of the client, and
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 according to the client
need, as determined by the nursing supervisor, but no l ess than once
every six (6) months.
4. No supportive home assistant shall provide services to a
client until a criminal history b ackground check and a check of the
nurse aide registry maintained by the State Depar tment of Health is
performed in accordanc e with Section 1-1950.1 of this title and the
assistant is found to have no notations of abuse of any kind on the
ENR. S. B. NO. 42 Page 3
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 supp ortive home assistant
listed on the Department of Human Services Community Services Worker
Registry.
6. No licensed health care fac ility, licensed physician,
advanced practice registered 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 parag raph 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 provid e such services. For
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 i ndividual as
a home health aide for mo re than four (4) months, on a ful l-time,
temporary, per diem or other basis, unless the individual is a
licensed health professional o r unless the individual has satisfied
the requirements for certification and placeme nt 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, 1993, shall be granted
home health aide certification by the Departmen t on
July 1, 1993. The home care agency shall maintain
responsibility for assurance of specific compe tencies
of the home health aide a nd 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 dat es of
July 1, 1992, and June 30, 1993, shall be eligible for
certification by passing a competency ev aluation and
testing as required by the Department.
ENR. S. B. NO. 42 Page 4
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 sha ll not apply to:
1. A person acting alone who provides services in the home of a
relative, neighbor or friend;
2. A person who provides maid services onl y;
3. A nurse service or home aide service conducted by and for
the adherents to any religious denom ination, the tenets of which
include reliance on spiritual means through prayer alon e 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 provide 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 wi th developmental
disabilities; provided, that staff members and individuals providin g
the services shall receive a level of training, approved by the
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 care services to an individual
who performs individual emp loyer responsibilities of hiring,
training, directing and managing a personal care attendant as part
of the Oklahoma Health Care Authority Consum er-Directed Personal
Assistance Supports and Services (CD -PASS) waiver program. An
ENR. S. B. NO. 42 Page 5
individual, agency or organ ization otherwise covered under the
provisions of the Home Care Act shall be exempt from the act only
for those paraprofessional direct care serv ices provided under
Oklahoma Health Care Authority contracts referenced in this
paragraph, but shall not be exe mpt from the criminal history
background check required under the Home Care Act and Section 1 -
1950.1 of this title for other paraprofessional dir ect care service
providers. A personal care attendant hired by a consumer under the
CD-PASS program shall be e xempt from certification as a home health
aide, provided such personal care attendant receives the training
required and approved by the Departme nt of Human Services;
8. An individual who only provides Medicaid home - and
community-based personal care ser vices pursuant to a contract with
the Oklahoma Health Care Authority;
9. An individual who:
a. is employed by a licensed home care agency exclusi vely
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 Se ction 1-1950.1 of this
title,
c. is being continuously trained by a registered nurse to
provide care that is spec ific to the needs of the
particular client receiving the care, and
d. is supervised by a regi stered nurse via an on -site
visit at least once ea ch month;
10. A home or facility approved and annually reviewed by the
United States Department of Veterans Aff airs as a medical foster
home in which care is provided exclusively to th ree 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.
ENR. S. B. NO. 42 Page 6
Passed the Senate the 8th day of February, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 14th day of April, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: __________________________ _______