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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2075 By: Caldwell (Chad)
AS INTRODUCED
An Act relating to long-term care; amending 63 O.S.
2021, Section 1-1962, as last amended by Section 1,
Chapter 125, O.S.L. 2021, which relates to home care
agency license; removing provisions relating to
supportive home assistant ; modifying statutory
references; modifying applicability of Home Care Act;
requiring home care agency to develop written
training plan for certain indivi duals; listing
required inclusions of training plan; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1962, as
last amended by Sectio n 1, Chapter 125, O.S.L . 2021, 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 obtai ning a license
as required by the Home Care Act.
B. 1. No home care agenc y, except as otherwise provided by
this subsection, shall place an individual in the role of supportiv e
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 assis tant training taught by a registered nurse in
the sections applicable to the assistance required by th e client.
Each supportive home assistant w ho successfully completes agency -
based training shall demonstrate competence by testin g through an
independent entity approved by the State Department of Health. The
requirements related to application, approval, renewal, and denial
of such testing entiti es shall be set forth in administrat ive rules
promulgated by the State 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 c lient
status and the standby assista nce or other services
furnished,
b. maintenance of a clean, safe, and healt hy environment,
c. recognizing an emergency and necessary emerg ency
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 client a nd for the privacy and
property of the client, and
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g. basic infection control prac tices to include, at a
minimum, instruction in acceptable hand hygiene
techniques and the application of standa rd
precautions.
3. Supervisory visits shall be made according to the client
need, as determined by th e 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 his tory background check and a check of the
nurse aide registry ma intained by the State Department of Hea lth is
performed in accordance with Section 1-1950.1 of this title and the
assistant is found to have no notations of abuse of an y 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 ass istant
listed on the Department of H uman Services Community Services Worker
Registry.
6. No licensed health ca re facility, licensed physician,
advanced practice registered n urse, physician assistant, or state
agency employee acting in the performance of h is 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 li censed to provide such services. Fo r
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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 faci lities, assisted
living facilities, residen tial care homes, home care agencies, adult
day care centers and hospice agencies.
C. 1. No employer or contra ctor, except as otherwise provided
by this subsection, shall em ploy 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 professi onal or unless the individual has satisfied
the requirements for certification and placement on the ho me health
aide registry maintained by the S tate Department of Health.
2. a. Any person in the employment of a home care agency as
a home health aide on Ju ne 30, 1992, with continuous
employment through June 30, 1993, shall be granted
home health aide certi fication by the Department on
July 1, 1993. The home care agency shall maintai n
responsibility for assurance of specific compete ncies
of the home health aide and shall only assign the home
health aide to tasks for wh ich 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 compete ncy evaluation and
testing as required by the Department.
c. Any home health aide employed on and afte r July 1,
1996, shall complete any specified training,
competency evaluation an d testing required by the
Department. The home care agency shall develop a
written training plan for the individual that shall
include, at a minimum, t he following:
(1) observation, reporting, and documentation of
client status and assistance or other serv ices
furnished,
(2) maintenance of a clean, safe, and healthy
environment,
(3) recognizing an emergency and necessary emergency
procedures,
(4) safe techniques to provide assi stance with
bathing, grooming, and toileting,
(5) assistance with meal preparatio n and safe food
handling and storage,
(6) client rights and responsibilit ies and the need
for respect for the client and for the privacy
and property of the client, and
(7) basic infection control practices to include, at
a minimum, instruction in acceptab le hand hygiene
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techniques and the ap plication of standard
precautions.
D. The provisions of the Home Ca re Act shall not apply to:
1. A person acting alone who provides s ervices in the home of a
relative, neighbor or friend;
2. A person who provides m aid services only;
3. A nurse service or home aide service conducted by and for
the adherents to any relig ious denomination, the tenets of which
include reliance on spiritua l 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 organiza tion that contracts wit h
the Oklahoma Health Care Authority to prov ide services under the
Home- and Community-Based Waiver for persons with developme ntal
disabilities or that contracts with the Department of Human Services
to provide community services to persons with developmen tal
disabilities; provided, that staff membe rs and individuals providing
the services shall receive a level of training, appro ved by the
Department of Human Servi ces, which meets or exceeds the level
required pursuant to the Home Car e Act. An individual, agency or
organization otherwise covered und er the Home Care Act shall be
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exempt from the act only for those paraprofessional direct care
services provided under contracts referenced in this paragraph;
7. An individual, agency or or ganization that provide s or
supports the provision of personal care services to an individual
who performs individual employer responsibilities of hi ring,
training, directing and managi ng a personal care attendant as part
of the Oklahoma Health Care Author ity Consumer-Directed Personal
Assistance Supports and Services (CD -PASS) waiver program. An
individual, agency or organization otherwise covered un der 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 contra cts referenced in this
paragraph, but shall not be exempt from the criminal history
background check required under th e Home Care Act and Section 1 -
1950.1 of this title for other paraprofes sional direct care serv ice
providers. A personal care attendant hi red by a consumer under the
CD-PASS program shall be exempt from certification as a home health
aide, provided such pe rsonal care attendant receives the train ing
required and approved by th e Department of Human S ervices;
8. An individual who only provides Medicaid home- and
community-based personal care services pursuant to a contract with
the Oklahoma Health Care Author ity;
9. An individual who:
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a. is employed by a licensed home care agency exclusively
to provide personal ca re services in the home,
b. has no convictions pursuant to a criminal history
investigation as provide d in Section 1-1950.1 of this
title,
c. is being continuously trained by a re gistered nurse to
provide care that is specific to the needs of the
particular client receiving the ca re, and
d. is supervised by a registered nurse via an on-site
visit at least once each month every six (6) months or
sooner if the client e xperiences a significant change
in health condition including but not limited to a
surgery or a hospital stay ;
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, 202 3.
59-1-7060 CMA 12/21/22