Title 63, Title 63 — Public Health and Safety

The State Department of Health shall prescribe minimum standards for facilities. These standards shall regulate: 1. Location and construction of the facility, including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety a…

animals. The State Board of Health shall establish rules and regulations allowing the use of visiting or residential animals in selected long-term health care facilities in this state. Long-term health care facilities which want animals shall be required to apply to the State Dep…

Fund - Staffing ratios - Name and title posting - Rule promulgation - Appeal - Nursing Facility Funding Advisory Committee. A. The Oklahoma Health Care Authority shall fully recalculate and reimburse nursing facilities and Intermediate Care Facilities for Individuals with Intelle…

state and federal funding for reimbursing nursing facilities and intermediate care facilities. A. The Oklahoma Health Care Authority in its annual budget request submitted pursuant to Section 34.36 of Title 62 of the Oklahoma Statutes shall include a supplemental item reflecting …

A. Upon admittance into the facility, nursing facilities and specialized facilities that do not have emergency power generators available or a written disaster plan on file during an emergency situation shall provide a written disclosure to any resident or resident's caregiver st…

Grounds. A facility shall not involuntarily transfer or discharge a resident except for medical reasons, for the resident's safety or for the safety of other residents, or for nonpayment for the resident's stay, unless limited by the Federal Social Security Act. Laws 1980, c. 241…

Involuntary transfer or discharge of a resident from a facility shall be preceded by a minimum written notice of ten (10) days. The ten day requirement shall notapply in any of the following instances: 1. When an emergency transfer or discharge is mandated by the resident's healt…

facility or home. The Department shall develop reasonable rules and regulations that establish appropriate criteria for the transfer of residents initiated by a facility or a residential care home, including notice and hearings if the resident is aggrieved by the decision. The pr…

Department. The Department shall develop reasonable rules and regulations that establish appropriate criteria for the transfer of residents initiated by the Department in emergency situations, including notice and hearings if the resident is aggrieved by the decision. The primary…

placement of residents - Relocation assistance. Any owner of a facility licensed under this act shall give ninety (90) days' notice prior to voluntarily closing a facility or closing any part of a facility, or prior to closing any part of a facility if closing such part will requ…

A. The owner of a nursing facility shall notify the State Department of Health within twenty-four (24) hours of the occurrence of any of the events specified in subsection B of this section. Such notification may be in written form. When initial notification to the Department is …

– Hearing - Emergency hearing - Ex parte receivership. A. Whenever a determination is made that one of the following conditions exists, the State Commissioner of Health shall take whatever steps necessary to protect the health, welfare and safety of the residents including, if ne…

duration license. A. The court may appoint any qualified person as a receiver, except it shall not appoint any owner or affiliate of the facility which is in receivership as its receiver. The State Department of Health shall maintain a list of such persons to operate facilities w…

A. The court may terminate a receivership: 1. If the time period specified in the order appointing the receiver elapses and is not extended; 2. If the court determines that the receivership is no longer necessary because the conditions which gave rise to the receivership no longe…

employee notwithstanding receivership. Notwithstanding the general rules of receiverships and trustees, nothing in Sections 10 through 13 of this act shall be deemed to relieve any owner, administrator or employee of a facility placed in receivership of any civil or criminal liab…

relief - Damages - Waiver of rights - Jury trial - Retaliation against residents - Immunity - Report of abuse or neglect and other serious incidents. A. The owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees w…

Complaints. A. The operation or maintenance of a facility in violation of the Nursing Home Care Act or rules promulgated by the State Board of Health, pursuant thereto, is hereby declared a public nuisance, inimical to the public welfare. B. The State Commissioner of Health or th…

Office of the State Long-Term Care Ombudsman. All state agencies receiving complaints on, or conducting surveys or inspections of, nursing home facilities shall forward complete copies of complaints or of inspection or survey results to the Office of the State Long-Term Care Ombu…

The Department shall have the power to adopt rules and regulations in furtherance of the purpose of this act. Laws 1980, c. 241, § 42, eff. Oct. 1, 1980.

The provisions of the Oklahoma Administrative Procedures Act shall apply to all administrative rules and procedures of the Department under this act. Laws 1980, c. 241, § 43, eff. Oct. 1, 1980.

The State Department of Health may authorize long-term care administrators to be the administrator of record for more than one facility, provided that the facilities are within a fifty-mile radius of each other, the sum total of the administrator’s responsibility does not exceed …

Sections 2 through 6 of this act shall be known and may be cited as the “Long-term Care Security Act”. Added by Laws 2005, c. 465, § 2, emerg. eff. June 9, 2005.

For purposes of the Long-term Care Security Act: 1. “Long-term care facility” means: a. a nursing facility or specialized facility as defined by Section 1-1902 of this title, b. an adult day care center as defined by Section 1-872 of this title, c. skilled nursing care provided i…

A. 1. The Department of Corrections shall immediately notify the State Department of Health of any person who is registered pursuant to the Sex Offenders Registration Act or any person who is registered pursuant to the Mary Rippy Violent Crime Offenders Registration Act who is se…

A. 1. The State Department of Health and the Department of Human Services shall conduct criminal history background checks on all current employees and applicants for employment of the State Department of Health and Department of Human Services whose responsibilities include work…

The State Long-Term Care Ombudsman is prohibited from employing or designating any state, area or local long-term care ombudsman whether paid or unpaid, who is registered pursuant to the Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act. Ad…

Act. This act shall be known and may be cited as the “Long-Term Care Administrator Licensing Act”. Added by Laws 2023, c. 271, § 1, emerg. eff. May 22, 2023.

For the purposes of this act: 1. “Long-term care administrator” means a person licensed or certified as a Tier 1 long-term care administrator or Tier 2 long- term care administrator under this act. A long-term care administrator must devote at least one-half (1/2) of such person’…

A. The State Department of Health shall have authority to issue licenses or certifications to qualified persons as long-term care administrators in accordance with qualification criteria established by the State Commissioner of Health. B. No license or certification shall be issu…

The State Department of Health or, as appropriate, the State Commissioner of Health shall: 1. Develop and apply standards for approval of training and education programs for long-term care administrators that meet the accreditation standards of the National Association of Long Te…

There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the “Long-Term Care Administrator Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of such sources of …

A. Any person or agency may submit to the State Department of Health a complaint against a long-term care administrator. Complaints may also be generated by the Department. Each investigation of a complaint received by the Department shall be initiated within ninety (90) days fro…

A. The Department shall give a long-term care administrator who the Department has determined, upon investigation, has violated the provisions of this act an opportunity to participate in an independent informal dispute resolution process of the case in accordance with this secti…

The State Commissioner of Health shall promulgate rules to implement the provisions of this act. Added by Laws 2023, c. 271, § 10, eff. Nov. 1, 2023.

supplies. A. A nursing facility or a residential care facility is authorized to maintain bulk supplies of nonprescription drugs for dispensing to residents of such facility pursuant to the provisions of this section. B. If ordered or otherwise authorized by a physician currently …

certain persons to be offered employment. A. For purposes of this section: 1. “Nurse aide” means any person who provides, for compensation, nursing care or health-related services to residents in a nursing facility, a specialized facility, a residential care home, continuum of ca…

department. Nothing contained in this act shall be construed as creating an employer-employee relationship between the Department of Human Services and anyone contracting with the Department of Human Services as a nontechnical medical care provider. Added by Laws 1991, c. 315, § …

Medication aides – Rules for medication administration. A. 1. A nursing facility, specialized facility, continuum of care facility, assisted living center, adult day care or residential home, or facility operated by the Oklahoma Department of Veterans Affairs, shall not employ as…

A. 1. The State Department of Health, in conjunction with the Office of the State Long-term Care Ombudsman of the Department, shall develop a uniform employment application to be used in the hiring of nurse aide staff by a nursing facility or a specialized facility as such terms …

Providing false information - Penalties. A. It shall be unlawful for any person to provide false information regarding a criminal conviction on the uniform employment application for nurse aides. The State Department of Health shall amend the uniform employment application to inc…

Offense. A. 1. It shall be unlawful for a caregiver to solicit or accept anything of value greater than One Dollar ($1.00) from any person in the caregiver’s care; provided, however, nothing in this section shall be construed as prohibiting a group of individuals, including famil…

A. Sections 1-1950.6 through 1-1950.9 of this title shall be effective September 1, 2005. B. As used in Sections 1-1950.6 through 1-1950.9 of this title: 1. “Board” means the State Board of Health; 2. "Bureau" means the Oklahoma State Bureau of Investigation; 3. "Department" mean…

A. The State Department of Health shall establish a registry for those nontechnical services workers that have been noted to have committed abuse, verbal abuse, or exploitation of a resident in a nursing facility. B. The State Board of Health shall promulgate rules to establish a…

worker abuse registry search – Temporary employment. A. 1. Before any nursing facility makes an offer to employ a nontechnical services worker applicant subject to subsection A of Section 1-1950.7 of this title on or after the effective date of Sections 1-1950.6 through 1-1950.9 …

Any violation of the provisions of Sections 2 through 4 of this act shall be deemed a misdemeanor and, upon conviction or plea of guilty or nolo contendere, shall be punishable by a fine of not less than Three Hundred Dollars ($300.00), but not more than One Thousand Dollars ($1,…

A. The State Department of Health shall have the power and duty to: 1. Issue certificates of training and competency for nurse aides; 2. Approve training and competency programs including, but not limited to, education-based programs and employer-based programs, including those p…

The State Board of Health and the War Veterans Commission shall promulgate rules to implement the provisions of this act. Added by Laws 2013, c. 379, § 8, emerg. eff. May 29, 2013.

This act shall be known and may be cited as the “Oklahoma Long- Term Care Partnership Act”. Added by Laws 2004, c. 283, § 1.

As used in the Oklahoma Long-Term Care Partnership Act, unless the context clearly indicates otherwise: 1. “Asset disregard” means the total assets an individual owns and may retain upon application for the state Medicaid program and still qualify for benefits if the individual: …

Purposes - Exhaustion of benefits - Asset disregard. A. Upon repeal of the restrictions to asset protection contained in the Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, 107 Stat. 312, there shall be established the Oklahoma Long-Term Care Partnership Program, to…