Request made for comments on required bathroom signage for licensed facilities

Posted on: 10/19/16

 
Because of HB 2797, Humanity of the Unborn Child Act, passed by the state Legislature this year, hospitals and other facilities licensed by the Oklahoma State Department of Health (OSDH) must post signage with particular wording in all restrooms open to the public. The OSDH rulemaking for implementation of HB 2797 comment period began Oct. 3 and ends Nov. 3, 2016. OHA is asking for letters of concern to be submitted to the OSDH. OHA staff will put together a draft letter for your consideration. For more information, contact Sandra Harrison, [email protected].

Comments are requested from businesses licensed by OSDH that have public restrooms on the economic impact of creating and posting mandated signs in all public restrooms. Possible thoughts on comments that could be submitted:

• Unfunded mandate
• Impact on small business
• No distinction in the law between men’s and women’s restrooms, but required to post in both places and family restrooms also.
• Rules also contemplate the possible placement “of signs, in compliance with the Act, in the restroom and potentially other places in the establishment.”  See Rule impact statement (5).  See also 310:2-31-3(8).
• The facilities that post these signs that are also health care providers will be asked questions about their unborn child and adoption. The OSDH is only required to provide information about the topics “as funds are available.”

The bill requires the State Department of Health to develop, update annually and maintain an electronic form containing information concerning public and private agencies and services available to assist a woman through pregnancy, upon childbirth and while the child is dependent. The bill requires that the Department make available to each facility in Oklahoma that is open to the public, containing a restroom available to the public and licensed by the Department, to post signage in its restrooms containing the statement on or before Jan. 1, 2018.  Note: This requirement applies to both men and women’s’ restrooms.

According to the law, the State Department of Education, in collaboration with the State Department of Health, shall establish an instructional program for students consistent with the provisions of the Humanity of the Unborn Child Act.

Licensees of the OSHDH include the following:
Hotels – Motels
Hospitals
Public Bathing Houses
Retail Food Establishments
Tattoo & Body Piercing Artists and Establishments
Correctional Facilities
X-Ray Facilities
Adult Day Care Centers
Continuum of Care Facilities & Assisted Living Centers
HMO
Jails
Residential Care Homes
Nursing Facilities
Intermediate Care Facilities for Person with Intellectual Disabilities
Ambulatory Surgical Centers
Birthing Centers
CLIA Laboratories
Dialysis Centers
Tissue & Eye Banks
Workplace Drug and Alcohol Testing Facilities
Outpatient Physical Therapy and Speech Therapy
Psychiatric Residential Treatment
Rehabilitation Agencies
Rural Health Clinics
Hospice Providers

The specific language, which must be produced in one-inch type, in one of two fonts in black typeface and on a white background is:
“There are many public and private agencies willing and able to help you carry your child to term and assist you and your child after your child is born, whether you choose to keep your child or to place him or her for adoption. The State of Oklahoma strongly urges you to contact them if you are pregnant.”

Additionally, the sign shall also contain in at least half-inch height:
“This sign is created, produced and displayed in compliance with the Humanity of the Unborn Child Act.”