House approves enforcement mechanism to No Patient Left Behind Act

OKLAHOMA CITY – Families denied visitation to see hospitalized loved ones may now sue the hospital, adding teeth to legislation signed into law last year.

House Bill 3313, authored by House Public Health Committee Chair Rep. Cynthia Roe, R-Lindsay, adds an enforcement mechanism to the No Patient Left Alone Act, passed into law in 2021. The Act codified the rights of patients to have a designated visitor, regardless of what they’re hospitalized for. Under HB3313, families or patients could file civil litigation against a hospital if their visitation rights are denied.

Roe, a registered nurse for 39 years and a nurse practitioner for 22 years, said she began pursuing the legislation after hearing stories of hospitalized patients being denied a visitor and of a local hospital telling one of her constituents that their policies trumped state law.

“I’ve heard dozens of stories over the past two years of families not being allowed to visit their loved ones in the hospital, and it breaks my heart that they are prevented from being there for them or saying goodbye,” Roe said. “As a health care worker, I’ve seen firsthand how encouragement from a loved one can inspire the patient. I hope that House Bill 3313 is signed into law so no families have to endure the heartache of not being allowed to visit their hospitalized loved ones.”

Under HB3313, visitors must follow the hospital’s safety protocols and policies; otherwise, the hospital has the right to deny their visitation and require the patient to appoint another loved one.

After the bill passed 33-13, Roe recognized one of her constituents, Shannon Horner, who was seated in the House Gallery. Horner was denied visitation to see her husband while he was hospitalized; he passed away in January after being in the hospital for two weeks.

HB3313 may now be heard in the Senate, where it is authored by Sen. Jessica Garvin, R-Duncan. The bill has an emergency clause allowing it to take effect immediately upon becoming law.