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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 432 By: Dossett (J.J.)
AS INTRODUCED
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.
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 ro le of supportive
home assistant with a client on a full-time, temporary, per diem, 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.
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Each supportive home assi stant who successfully completes agency -
based training shall demonstrate competence by testing th rough an
independent entity approved by the State Department of Health. The
requirements related to applica tion, 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 agen cy shall develop a written training plan
that shall include, at a minimum, the following:
a. observation, reporting, and docum entation 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 wit h
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 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
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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 St ate 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 suppor tive 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 as sistant, or state
agency employee acting in the per formance 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 subs ection A of Section 1-1972 of this
title, except to an agency licensed to provide such services. For
purposes of this subsection, "licensed health care facility" shall
include acute care hospitals, long -term acute care hospitals,
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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 w ith any individual as
a home health aide for more t han four (4) months, on a full -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 an d placement on the home health
aide registry mainta ined 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 Department 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 b een
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
certification by passing a competency ev aluation and
testing as required by the Department.
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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 hom e 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 denom ination, the tenets of which
include reliance on spiritual means through pr ayer alone for
healing;
4. A person providing hosp ice 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 w ith 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 providing
the services shall receive a level of tr aining, approved by the
Department of Human Services, which meets or exceeds the level
required pursuant to the Home Care Act. An individual, agency or
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organization otherwise covered under the Home Care A ct shall be
exempt from the act only for those para professional 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 in dividual
who performs individual employer responsib ilities 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
individual, agency or organization otherwi se 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 exempt from the cr iminal 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 exempt from cert ification 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 services pursuant t o a contract with
the Oklahoma Health Care Authority;
9. An individual who:
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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 Section 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 registered nurse via an o n-site
visit at least once each 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 exclusiv ely 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.
58-1-468 DC 1/15/2021 6:02:16 PM