Title 63, Title 63 — Public Health and Safety

Fees for licenses issued by the State Board of Health to practice the fitting and dealing of hearing aids shall be set by the State Board of Health at rates not less than the following schedule: Application for a Temporary Permit $ 15.00 Examination Fee 35.00 Renewal of a License…

The Board of Hearing Aid Dealers and Fitters is hereby abolished. All unexpended funds within the Hearing Aid Dealers' and Fitters' Licensing Fund, property, records and any outstanding financial obligation and encumbrance of the Board of Hearing Aid Dealers and Fitters are hereb…

As a condition for renewal of a permit to practice, the Board shall require certificate and license holders to furnish evidence of participation in continuing education in the practice of fitting and dealing in hearing aids and related devices. The Board may adopt reasonable rule…

A. This act shall be known and may be cited as the “Long-Term Care Reform and Accountability Act of 2001”. B. The purpose of the Long-Term Care Reform and Accountability Act of 2001 shall be to design, develop and implement policies and procedures that improve the quality of care…

A. It is the intent of the Legislature to foster the development of resident autonomy, individualization and culture change in nursing facilities licensed by the State Department of Health. B. The Commissioner of Health is authorized to waive any provision of the Nursing Home Car…

This act shall be known and may be cited as the "Nursing Home Care Act". Laws 1980, c. 241, § 1, eff. Oct. 1, 1980.

As used in the Nursing Home Care Act: 1. “Abuse” means the willful infliction of injury, unreasonable confinement, intimidation, or punishment, with resulting physical harm, impairment, or mental anguish; 2. “Access” means the right of a person to enter a facility to communicate …

arts not authorized – Application of act to facilities not receiving public funds. A. No person shall establish, operate, or maintain in this state any nursing facility without first obtaining a license as required by the Nursing Home Care Act. B. The Nursing Home Care Act shall …

Violations - Applications. A. The State Department of Health shall establish a comprehensive system of licensure and certification for facilities in accordance with the Nursing Home Care Act for the purposes of: 1. Protecting the health, welfare and safety of residents; 2. Assuri…

- Transfer of ownership or operation of facility - Conditional license - Liability of transferor - Unannounced inspections. A. An application for a license, or renewal thereof, to operate a facility shall be accompanied by a fee of Ten Dollars ($10.00) for each bed per year inclu…

Denial of application - Notice of denial - Suspension or revocation - Administrative penalties - Effective date of nonrenewal or revocation - Application following revocation. A. The State Commissioner of Health shall issue and renew licenses for the operation of facilities which…

A. No facility shall be licensed to operate or continue to operate unless, in addition to compliance with other current licensure requirements, the building is of one-hour fire resistant construction and approved by the Department and the State Fire Marshal. If the building is no…

or receivers – Nursing Facility Administrative Penalties Fund. A. The Oklahoma Health Care Authority shall amend the state Medicaid plan to provide a funding source for payment of temporary managers, state monitors or receivers in facilities certified to provide long-term care se…

Every long-term care facility as defined by Section 3 of this act shall conspicuously post for display in an area of its offices accessible to residents, employees and visitors the following: 1. Its current license; 2. A description, provided by the State Department of Health, of…

A facility shall retain the following for public inspection: 1. A complete copy of every inspection report of the facility received from the Department during the past three (3) years; 2. A copy of every order pertaining to the facility issued by the Department or a court during …

A. 1. Every building, institution, or establishment for which a license has been issued, including any facility operated by the Oklahoma Department of Veterans Affairs, shall be periodically inspected by a duly appointed representative of the State Department of Health, pursuant …

orders - Appeal. A. The State Department of Health shall promptly serve a notice of violation upon a licensee whenever, upon inspection or investigation, the Department determines that: 1. The facility is in violation of the Nursing Home Care Act, any rule promulgated thereunder,…

Report of correction - Petition for time extension - Contest of department action. A. A facility shall have ten (10) working days after receipt of notice of violation in which to prepare and submit a plan of correction. The plan of correction shall include a fixed time period, no…

determining appropriate remedy. A. For violations of the Nursing Home Care Act, the rules promulgated thereto, or Medicare/Medicaid certification regulations: 1. The State Department of Health shall seek remedial action against a licensee, owner or operator of a facility and may,…

A. The informal dispute resolution process is limited to deficiencies cited on a statement of deficiencies. B. 1. If the impartial decision maker finds that matters not subject to informal dispute resolution are presented, the impartial decision maker shall strike all documentary…

Definitions. For purposes of Sections 3 through 8 of this act: 1. “Impartial decision-making panel” means a group of individuals who are qualified volunteers and employees or contractors with the State Department of Health and shall consist of five (5) members as follows: a. two …

Upon written request, a long-term care facility may choose to participate in an informal dispute resolution panel to be offered by the State Department of Health as an alternative to the informal dispute resolution process outlined in Sections 1-1914.3 through 1- 1914.10 of this …

- Meeting with impartial decision-making panel. A. Upon receipt of a request for an alternative informal dispute resolution from a facility, the State Department of Health shall assign the matter to an impartial decision-making panel. B. The Department shall: 1. Schedule a time a…

- Evidence. A. 1. In all alternative informal dispute resolution cases except record review, the State Department of Health shall present the initial arguments. 2. The facility shall then present its arguments. B. 1. The alternative informal dispute resolution shall be limited to…

Determinations - State survey agency determination - Amended statement of deficiencies. A. 1. Upon the conclusion of all arguments by the parties at the alternative informal dispute resolution, the impartial decision- making panel shall issue a written statement of findings that …

of matters. A. The alternative informal dispute resolution process is limited to deficiencies cited on a statement of deficiencies. B. 1. If the impartial decision-making panel finds that matters not subject to alternative informal dispute resolution are presented, the impartial …

A. The State Commissioner of Health may place a qualified person in a facility as a temporary manager to assume operating control of the facility and to ensure that the health and safety of the residents of the facility are protected when any of the following conditions exist: 1.…

A. An informal dispute resolution meeting may be conducted by the State Department of Health. B. The State Department of Health shall assign all informal dispute resolutions to the unit or section charged with performing survey or inspection activity. Added by Laws 2005, c. 460, …

For purposes of this act: 1. "Deficiency" means a violation or alleged violation by a facility of applicable state or federal laws, rules, or regulations governing the operation or licensure of a facility; 2. "Deficiency identification number" means an alphanumeric designation of…

A. A facility that wishes to challenge a deficiency through the informal dispute resolution process shall make a written request to the State Department of Health within ten (10) calendar days of the receipt of the statement of deficiencies from the State Department of Health. B.…

maker. A. Upon receipt of a request for an informal dispute resolution from a facility, the State Department of Health shall assign the matter to an impartial decision maker. B. The impartial decision maker shall: 1. Schedule a time and date for a meeting; and 2. Inform the parti…

The impartial decision maker in the informal dispute resolution process may be an individual employed by or under contract with the State Department of Health. Added by Laws 2005, c. 460, § 8, eff. Nov. 1, 2005.

A. 1. In all informal dispute resolution cases except record review, the State Department of Health shall present the initial arguments. 2. The facility shall then present its arguments. B. 1. The informal dispute resolution shall be limited to no more than two (2) hours in lengt…

survey agency. A. 1. Upon the conclusion of all arguments by the parties at the informal dispute resolution, the impartial decision maker shall issue a written statement of findings that shall be entitled "Determinations". 2. The determinations shall include: a. a recitation of t…

A. No person, including any person at any facility operated by the Oklahoma Department of Veterans Affairs, shall: 1. Intentionally fail to correct or interfere with the correction of a violation within the time specified on the notice or approved plan of correction under this ac…

of amount of penalty - Appeal - Surrender of license. A. Any person who has been determined by the State Department of Health to have violated any provision of the Nursing Home Care Act or any rule promulgated or order issued pursuant to the provisions of the Nursing Home Care Ac…

license. The State Department of Health may deny, refuse to renew, suspend or revoke a license or assess administrative penalties to an applicant, licensee, or facility which has a history of noncompliance or incomplete or partial compliance with or repeated violations of the pro…

act. It shall be the duty of the Department of Human Services and the Director of the Oklahoma State Bureau of Investigation to assist the Commissioner in carrying out the provisions of this act insofar as the functions of these respective offices and departments are concerned wi…

A. All principles enumerated in this section shall be posted in a conspicuous, easily accessible location in each facility. Each resident and personally appointed representative of the resident, if any, shall be verbally advised and provided a written copy of such principles prio…

Pilot program. A. The purpose of this section is to reduce expensive and unnecessary wastage of excess drugs dispensed to residents of nursing homes. In order to determine if the use of bubble pack units and the return and reissuance of unadulterated drugs is cost- effective and …

residents’ pain – Nursing homes to assess residents’ pain – Rules and regulations regarding pain management. A. It is the intent of the Legislature that pain experienced by nursing home residents be assessed and treated promptly, effectively, and for as long as pain persists. B. …

Violations - Exemptions. A. Any employee or agent of a public agency or any representative of a community legal services program or any member of a nonprofit community supported agency which provides health or social services to the elderly, or any member of a church group, assoc…

preparedness plan. A. Except as provided by Section 10-111 of Title 43A of the Oklahoma Statutes, every long-term care facility, as defined in Section 1-1945 of Title 63 of the Oklahoma Statutes, must provide reasonable access to a resident by immediate family, compassionate care…

To protect each resident's funds, the facility or home: 1. Shall reserve a portion of each resident's monthly income, in an amount not less than Twenty-five Dollars ($25.00), as a personal needs allowance for use by the resident, or for use on behalf of the resident by his guardi…

A. A written contract shall be executed between a person or his guardian or responsible party or if the resident is a minor, his parent, and a facility or its agent within one hundred twenty (120) days from the time a person is admitted to a facility, or at the expiration of the …

A. Each facility shall establish a residents' advisory council. The administrator shall designate a member of the facility staff to coordinate the establishment of, and render assistance to, said council. B. The composition of the residents' advisory council shall be specified by…

A. There is hereby re-created, to continue until July 1, 2025, in accordance with the provisions of the Oklahoma Sunset Law, a Long-Term Care Facility Advisory Council which shall be composed as follows: 1. The Governor shall appoint a thirteen-member Long-Term Care Facility Advi…

hotline. The State Department of Health shall: 1. Establish a Residents and Family State Council which shall be composed of fifteen (15) members who are, or who have been within the last twelve (12) months, residents, family members, resident volunteer representatives or guardian…

The following information is subject to disclosure to the public from the Department: 1. Information submitted under Section 40 of this act except information concerning the remuneration of personnel licensed, registered or certified by the Department and monthly charges for an i…

A. Nursing home personnel shall notify clergy of the faith of a patient, upon the impending death of the patient, when practicable. B. The State Department of Health shall not use the provisions of subsection A of this section for any purpose relating to inspections or investigat…