Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB1832 Amended / Bill

Filed 03/03/2025

                     
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 1832 	By: Hefner and Lawson of the 
House 
 
   and 
 
  Alvord of the Senate 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to intermediate care facilities; 
amending 63 O.S. 2021, Sections 1 -1956.1, 1-1956.2, 
1-1956.3, 1-1956.5, and 1-1956.6, which relate to 
electronic monitoring in long -term care facilities; 
defining term; modifying to include intermediate care 
facilities; updating statutory references; a nd 
providing an effective date. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     63 O.S. 2021, Section 1 -1956.1, is 
amended to read as follows: 
Section 1-1956.1.  As used in Section 1-1953.1 1-1956.1 et seq. 
of this title: 
1.  "Assisted living center" shall have the same meaning as 
provided by Section 1 -890.2 of this title;   
 
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2.  "Authorized electronic monitoring" means the placement of 
electronic monitoring devices only in the common areas or for 
intermediate care facilities and both the common areas or room of a 
resident of a nursing facility, assisted living center or continuum 
of care facility and the tapes or recordings from such devices 
pursuant to the provisions of Section 1-1953.1 1-1956.1 et seq. of 
this title; 
3.  "Authorized electronic monitoring devices" means: 
a. video surveillance cameras installed only in the 
common areas or for intermediate care facilities and 
both the common areas or resident's room under the 
provisions of Section 1-1953.1 et seq. of this title 
in a nursing facility, assisted living center, or 
continuum of care facility , or 
b. audio devices installed in the room of a resident 
under the provisions of Section 1-1953.1 1-1956.1 et 
seq. of this title that are designed to acquire 
communications or other sounds occurring in the room; 
4.  "Continuum of care facility" shall have the same meaning as 
provided by Section 1 -890.2 of this title; 
5.  "Intermediate care facility" means an institution that is 
primarily for the diag nosis, treatment, or rehabilitation of the 
intellectually disabled or persons with related conditions, and 
provides in a protected residential setting, ongoing evaluation,   
 
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planning, twenty-four-hour supervision, co ordination, and 
integration of health or rehabilitative services to help each 
individual function at his or her greatest ability; 
5. 6. "Nursing facility" means the term as defined in Section 
1-1902 of Title 63 of the Oklahoma Statutes; 
6. 7. "Representative of a resident" means a court -appointed 
guardian or, if there is no court -appointed guardian, the parent of 
a minor, a relative or other person, designated in writing by the 
resident; provided, that any owner, operator, administrator or 
employee of a facility subject to the provisions of the Nursing Home 
Care Act, the Continuum of Care and Assisted Living Act, the 
Residential Care Act or the Group Homes for the Developmentally 
Disabled or Physically Handicapped Persons Act shall not be 
appointed guardian or limited guardian of a resident of the nursing 
facility, assisted living center , intermediate care facility, or 
continuum of care facility unless the owner, operator, administrator 
or employee is the spouse of the resident or a relative of the 
resident within the second degree of consanguinity and is otherwise 
eligible for appointment; 
7. 8. "Resident" means a person residing in a nursing facility, 
assisted living center , intermediate care facility, or continuum of 
care facility; and 
8. 9. "Unauthorized electronic monitoring" means electronic , 
mechanical, or other devices that do not meet the provisions of   
 
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Section 1-1953.1 1-1956.1 et seq. of this title and that are 
specifically used for the nonconsensual interception of wire or 
electronic communicatio ns. 
SECTION 2.     AMENDATORY     63 O.S. 2021, Section 1 -1956.2, is 
amended to read as follows: 
Section 1-1956.2.  A.  A nursing facility, assisted living 
center, or continuum of care facility shall provide written notice 
to each resident, or to the representative of a resident, that 
authorized electronic monitoring of a resident's room conducted 
under the provisions of Section 1-1953.1 1-1956.1 et seq. of this 
title is not compulsory and shall only be conducted with the written 
consent of the resident or the representative of the resident. 
B.  A nursing facility, assisted living center , or continuum of 
care facility shall not refuse to admit an individual to residency 
in the facility or center and shall not remove a resident from a 
facility or center because of authorized electro nic monitoring of a 
resident's room. 
C.  A nursing facility, assisted living center , intermediate 
care facility, or continuum of care facility shall post at or near 
its main entrances a sign that clearly states tha t electronic 
monitoring and audio devices may be in use in the facility or 
center. 
SECTION 3.     AMENDATORY     63 O.S. 2021, Section 1 -1956.3, is 
amended to read as follows:   
 
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Section 1-1956.3.  A.  No person or entity shall intentionally 
hamper, obstruct, tamper with, or destroy an electronic monitoring 
device installed in a nursing facility, assisted living center , 
intermediate care facility, or continuum of care facility. 
B.  Any person or entity that intentionally hampers, obstructs, 
tampers with, or destroys a recording or an electronic monitoring 
device installed in a nursing facility, assisted living center , 
intermediate care facility, or continuum of care facility shall be 
subject to the penalties prescribed in Section 1993 of Title 21 of 
the Oklahoma Statutes. 
C.  No person or entity shall intercept a communication or 
disclose or use an intercepted communication of an electronic 
monitoring device placed or installed in a common area of a nursing 
facility, assisted living center , intermediate care facility, or 
continuum of care facility without the express written consent of 
the facility, or, for an electronic monitoring device installed in a 
resident's room, the express written consent of the resident or the 
representative of the res ident. 
SECTION 4.     AMENDATORY     63 O.S. 2021, Section 1 -1956.5, is 
amended to read as follows: 
Section 1-1956.5.  A.  A resident or the representative of a 
resident may conduct authorized electronic monitoring of the 
resident's room through the use of authorized electronic monitoring 
devices placed in the room pursuant to the provisions of Section 1-  
 
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1953.1 1-1956.1 et seq. of this title at the expense of such person 
or representative of the resident and with the written consent of 
any other resident living in the room. 
B.  A resident who conducts authorized electronic monitoring or 
the representative of the resident may post and maintain a notice at 
the entrance to the resident's room stating that the room is being 
monitored by an elec tronic monitoring device. 
C.  Nothing in Section 1-1953.1 1-1956.1 et seq. of this title 
shall be construed to prevent a resident or the representative of 
the resident from placing an electronic monitoring device in the 
resident's room at the expense of su ch person; however, if such 
resident is sharing a room with any other resident, the resident or 
the representative of the resident shall obtain written consent from 
such other resident or the representative of the resident living in 
the room and such conse nt shall be on a form prescribed by the State 
Department of Health and shall be placed on file with the 
administrator of the facility. 
D.  If a resident residing in a shared room, or the 
representative of a resident residing in a shared room, desires to 
utilize an authorized electronic monitoring device and another 
resident living in such shared room refuses to consent to the use of 
an authorized electronic monitoring device, the nursing facility, 
assisted living center , or continuum of care facility shall 
accommodate the resident or the representative of the resident   
 
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desiring to utilize an authorized electronic monitoring device to 
move to another room if the resident or resident's representative 
requests such a room change within a reasonable amount of tim e. 
SECTION 5.     AMENDATORY     63 O.S. 2021, Section 1 -1956.6, is 
amended to read as follows: 
Section 1-1956.6.  A.  A resident or representative of a 
resident who wishes to conduct authorized electronic monitoring 
shall be required to notify the nursing facility, assisted living 
center, or continuum of care facility on the consent form prescribed 
by the State Department of Health. 
B.  The consent form prescribed by the Department shall require 
the resident or the representative of a res ident to obtain the 
consent of any other r esident in the room or the representative of a 
resident, using the consent form prescribed for this purpose by the 
Department, if the resident resides in a room with another resident. 
C.  Consent may be given only: 
1.  By the resident or any other resident in the room; or 
2.  By the representative of the resident or representative of 
any other resident in the room. 
D.  Another resident in the room may: 
1.  When the proposed electronic monitoring device is a video 
surveillance camera, condition consent on th e camera being pointed 
away from the consenting resident; and   
 
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2.  Condition consent on the use of an audio electronic 
monitoring device being limited or prohibited. 
E.  Except as provided for in Section 1-1953.7 1-1956.7 of this 
title, authorized electronic monitoring may begin only after the 
required consent forms specified in Section 1-1953.1 1-1956.1 et 
seq. of this title have been completed and returned to the nursing 
facility, assisted living center , or continuum of care facility and 
placed on file with the administrator of such facility or center. 
F.  If authorized electronic monitoring is being conducted in 
the room of a resident, another resident may not be moved into the 
room unless the resident or represent ative of the resident has 
consented to the use of existing electronic monitoring, in 
accordance with Section 1-1953.1 1-1956.1 et seq. of this title. 
G.  The Department may include other information that it 
considers to be appropriate on any form it is req uired to prescribe 
under the provisions of Section 1-1953.1 1-1956.1 et seq. of this 
title. 
H.  The Department shall prescribe the forms required by Section 
1-1953.1 1-1956.1 et seq. of this title no later than November 1, 
2013, and shall make such forms a vailable on its website. 
SECTION 6.  This act shall become effective November 1, 2025. 
 
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES 
OVERSIGHT, dated 02/27/2025 – DO PASS, As Amended.