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An Act
ENROLLED HOUSE
BILL NO. 3644 By: Stinson and Archer of the
House
and
Hines and Mann of the
Senate
An Act relating to venous thromboembolism; creating
the Blake Burgess Act; providing short title;
requiring specified facilities to implement certain
policies and training regarding venous
thromboembolisms; providing certain construction;
requiring the State Department of Health to contract
for establishment of a statewide venous
thromboembolism registry; requiring certain hospitals
to report specified information to registry; listing
data to be reported; requiring certain entity to
collect and report specified data; requiring
submission of certain report by the Department;
providing requirements for report; limiting use of
registry data; amending 63 O.S. 2021, Section 1-
890.2, which relates to definitions used in the
Continuum of Care and Assisted Living Act; adding
definitions; amending 63 O.S. 2021, Section 1-890.3,
as amended by Section 1, Chapter 357, O.S.L. 2025 (63
O.S. Supp. 2025, Section 1-890.3), which relates to
promulgation of rules; requiring certain assessment
to include specified screening; requiring assisted
living centers to make available certain consumer
information pamphlet; providing for noncodification;
providing for codification; providing an effective
date; and declaring an emergency.
SUBJECT: Venous thromboembolism
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Blake Burgess
Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-630 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Each hospital with an emergency department and each
ambulatory surgical center shall:
1. Develop and implement policies and procedures for the
rendering of appropriate medical attention for persons at risk of
forming venous thromboembolisms which reflect evidence-based best
practices relating to, at a minimum:
a. assessing patients for risk of venous thromboembolism
using a nationally recognized risk assessment tool,
and
b. treatment options for a patient diagnosed with venous
thromboembolism; and
2. Train all nonphysician personnel at least annually on the
policies and procedures developed under this section. For purposes
of this section, the term “nonphysician personnel” means all
personnel of the licensed facility working in clinical areas and
providing patient care, except those persons licensed as health care
practitioners.
B. Nothing in this section shall be construed to allow or
require personnel to practice outside the scope of their
certification, license, or qualification.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-631 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The State Department of Health shall contract with the
state-designated entity for health information exchange to establish
ENR. H. B. NO. 3644 Page 3
and maintain a statewide venous thromboembolism registry to ensure
that the performance measures required to be submitted under
subsection B of this section are maintained and available for use to
improve or modify the venous thromboembolism care system, ensure
compliance with nationally recognized guidelines, and monitor venous
thromboembolism patient outcomes.
B. Beginning July 1, 2027, each hospital with an emergency
department shall electronically report annually to the statewide
venous thromboembolism registry information containing nationally
recognized venous thromboembolism measures and data on the incidence
and prevalence of venous thromboembolisms. Such data shall include
the following information:
1. The number of venous thromboembolisms identified and
diagnosed;
2. The age of the patient;
3. The ZIP code of the patient;
4. The sex of the patient;
5. Whether the patient is a resident of a licensed nursing
facility or assisted living center;
6. Whether the venous thromboembolism was fatal;
7. How the diagnosis was made, such as by using imaging
modalities; and
8. The treatment that was recommended for the venous
thromboembolism.
C. The Department shall require the state-designated entity for
health information exchange to collect data from each hospital with
an emergency department on the performance measures required under
subsection B of this section. The state-designated entity shall
provide to the Department regular reports on the data collected.
D. By June 1, 2027, the Department shall electronically submit
to the Governor, the President Pro Tempore of the Senate, and the
Speaker of the House of Representatives a detailed report on the
incidence of venous thromboembolism using inpatient and outpatient
data for services provided between the effective date of this act
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and June 30, 2027. The report shall provide analyses of all of the
following:
1. Age category, initial primary diagnosis and procedure, and
secondary diagnoses, readmission rates for inpatients, admission
rates for venous thromboembolism for which the patient had an
ambulatory surgery procedure, and emergency department visits for
venous thromboembolism linked to any previous admission;
2. Whether the venous thromboembolism was present upon
admission;
3. The incidence of venous thromboembolism procedures reported
on the website of the Department; and
4. The principal payor, the sex of the patient, and the
patient’s discharge status.
E. The state-designated entity for health information exchange
operating the registry shall only use or publish information from
the registry for the purposes of advancing medical research or
medical education in the interest of reducing morbidity or
mortality.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 1-890.2, is
amended to read as follows:
Section 1-890.2. As used in the Continuum of Care and Assisted
Living Act:
1. “Assisted living center” means any home or establishment
offering, coordinating or providing services to two or more persons
who:
a. are domiciled therein,
b. are unrelated to the operator,
c. by choice or functional impairments, need assistance
with personal care or nursing supervision,
d. may need intermittent or unscheduled nursing care,
e. may need medication assistance, and
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f. may need assistance with transfer and/or ambulation;
2. “Board” means the State Board of Health;
3. “Commissioner” means the State Commissioner of Health;
4. “Continuum of care facility” means a home, establishment or
institution providing nursing facility services as defined in
Section 1-1902 of this title and one or both of the following:
a. assisted living center services as defined in the
Continuum of Care and Assisted Living Act, and
b. adult day care center services as defined in Section
1-872 of this title; and
5. “Department” means the State Department of Health;
6. “Pulmonary embolism” (PE) means a condition in which part of
a clot breaks off and travels to the lungs, possibly causing death;
and
7. “Venous thromboembolism” (VTE) means deep vein thrombosis
(DVT), which is a blood clot located in a deep vein, usually in the
leg or arm. The term can be used to refer to DVT, pulmonary
embolism, or both.
SECTION 5. AMENDATORY 63 O.S. 2021, Section 1-890.3, as
amended by Section 1, Chapter 357, O.S.L. 2025 (63 O.S. Supp. 2025,
Section 1-890.3), is amended to read as follows:
Section 1-890.3. A. The State Commissioner of Health shall
promulgate rules necessary to implement the provisions of the
Continuum of Care and Assisted Living Act. Such rules shall
include, but shall not be limited to:
1. A uniform comprehensive resident screening instrument to
measure the needs and capabilities of residents in all settings and
to determine appropriate placements of residents. Such assessment
shall include screening for the signs and symptoms of venous
thromboembolism (VTE) and techniques for providing an emergency
response;
2. Physical plant requirements meeting construction and life
safety codes, with provisions accommodating resident privacy and
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independence in assisted living centers and in assisted living
components of continuum of care facilities based on the variable
capabilities of residents;
3. Staffing levels responsive to the variable needs of
residents, with provisions for sharing of staff between components
in a continuum of care facility;
4. Minimum standards for resident care including, but not
limited to, standards pertaining to medical care and administration
of medications. Standards pertaining to medication administration
shall, at a minimum, require the assisted living center or continuum
of care facility to:
a. provide or arrange qualified staff to administer
medications based on the needs of residents,
b. follow medication administration orders from a
qualified health care provider,
c. ensure that medications are reviewed monthly by a
Registered Nurse or pharmacist and quarterly by a
consultant pharmacist,
d. maintain medication administration records and
document all medication administration in such
records, and
e. have medication storage and disposal policies;
5. Standards for measuring quality outcomes for residents;
6. Provisions for individualized services chosen by and
designed for each resident;
7. Provisions to prohibit facility staff from disclosing a
resident’s financial information to third parties without written
consent of the resident or the designated representative of the
resident;
8. Procedures for inspections and investigations of licensed
entities to ensure compliance with the Continuum of Care and
Assisted Living Act and rules promulgated by the Commissioner;
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9. Enumeration of resident rights and responsibilities to be
observed by each facility and its staff. Such resident rights shall
include the freedom of choice regarding any personal attending
physicians and all other providers of medical services and supplies,
providing that the minimum standards are met by the provider
pursuant to the Continuum of Care and Assisted Living Act, without a
financial penalty or fee charged by the assisted living center;
10. Provisions for a surety bond or deposit from each applicant
in an amount sufficient to guarantee that obligations to residents
will be performed, with provisions for reduction or waiver of the
surety bond or deposit when the assets of the applicant or its
contracts with other persons are sufficient to reasonably ensure the
performance of its obligations;
11. Provisions requiring assisted living centers to make
available to residents upon admission a consumer information
pamphlet that contains information about venous thromboembolism
(VTE) including, but not limited to, risk factors and recognition of
the signs and symptoms of VTE;
12. Provisions for the development of a consumer guide or
similar resource to be posted on the Internet website of the State
Department of Health to assist individuals and families in
understanding the services provided by assisted living centers and
to compare and select a facility;
12. 13. Provisions for posting results of routine inspections
and any complaint investigations of each assisted living center on
the Internet website of the Department. Such information shall be
regularly updated to include the facility’s plan of correction and
to indicate when a violation of a licensing regulation was corrected
by the facility; and
13. 14. Provisions requiring execution of a plan of care and a
resident service contract with the resident or resident’s
representative.
B. The nursing care service of a continuum of care facility
shall be subject to the requirements, procedures and remedies set
out in the Nursing Home Care Act, including provisions relating to
resident rights.
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C. The adult day care component of a continuum of care facility
shall be subject to requirements and procedures specified under the
Adult Day Care Act.
SECTION 6. This act shall become effective July 1, 2026.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 3644 Page 9
Passed the House of Representatives the 5th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of April, 2026.
Presiding Officer of the Senate
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: _________________________________