Title 63, Title 63 — Public Health and Safety

program - Continuing eligibility for asset disregard - Reciprocal agreements. A. An individual who is a beneficiary of an Oklahoma Long-Term Care Partnership Program approved policy is eligible for assistance under the state Medicaid program using asset disregard pursuant to the …

The Oklahoma Health Care Authority and the Insurance Department are hereby authorized to promulgate rules to implement and administer the provisions of the Oklahoma Long-Term Care Partnership Act. Added by Laws 2004, c. 283, § 5.

asset disregard and asset tests. A. A long-term care insurance policy issued after the effective date of this act shall contain a notice provision to the consumer detailing in plain language the current law pertaining to asset disregard and asset tests. B. The notice to the consu…

As used in Section 1-1953.1 et seq. of this title: 1. "Assisted living center" shall have the same meaning as provided by Section 1-890.2 of this title; 2. "Authorized electronic monitoring" means the placement of electronic monitoring devices in the common areas or room of a res…

Signs. A. A nursing facility, assisted living center or continuum of care facility shall provide written notice to each resident, or to the representative of a resident, that authorized electronic monitoring of a resident's room conducted under the provisions of Section 1-1953.1 …

Penalties. A. No person or entity shall intentionally hamper, obstruct, tamper with, or destroy an electronic monitoring device installed in a nursing facility, assisted living center or continuum of care facility. B. Any person or entity that intentionally hampers, obstructs, ta…

Subject to the provisions of law, a tape or recording created through the use of authorized electronic monitoring pursuant to this act may be admitted into evidence in a civil or criminal court action or administrative proceeding. Added by Laws 2013, c. 204, § 4, eff. Nov. 1, 201…

A. A resident or the representative of a resident may conduct authorized electronic monitoring of the resident's room through the use of authorized electronic monitoring devices placed in the room pursuant to the provisions of Section 1-1953.1 et seq. of this title at the expense…

A. A resident or representative of a resident who wishes to conduct authorized electronic monitoring shall be required to notify the nursing facility, assisted living center or continuum of care facility on the consent form prescribed by the State Department of Health. B. The con…

devices. Any resident or the representative of the resident utilizing existing electronic monitoring devices prior to November 1, 2013, shall comply with all written consent and disclosure provisions of this act no later than January 1, 2014. Added by Laws 2013, c. 204, § 7, eff.…

This act shall be known and may be cited as the "Home Care Act". Added by Laws 1992, c. 139, § 2, eff. Sept. 1, 1992.

As used in the Home Care Act: 1. “Board” means the State Board of Health; 2. “Certification” means verification of appropriate training and competence established by the State Commissioner of Health by rules promulgated pursuant to the Home Care Act for home health aides and home…

A. No home care agency, as that term is defined by the Home Care Act, shall operate without first obtaining a license as required by the Home Care Act. B. No licensed health care facility, licensed physician, advanced practice registered nurse, physician assistant, or state agenc…

A. 1. The State Board of Health shall have authority to determine the qualifications, skill and fitness of any person employed to serve as an administrator of a home care agency. The State Board of Health in promulgating rules pursuant to this section may consider advice and comm…

provider. Eligibility of a patient for home care services shall be certified by a healthcare provider, and care of the patient shall be overseen by the healthcare provider. This section is retroactive and shall apply to any eligibility certification conducted on or after March 27…

and regulations for investigation and hearing of complaints. A. The State Department of Health shall have the power and duty to: 1. Issue, renew, deny, modify, suspend and revoke licenses and deny renewal of licenses for agencies, and issue, renew, deny, modify, suspend and revok…

The State Commissioner of Health shall promulgate rules necessary to implement the provisions of the Home Care Act. Such rules shall include, but shall not be limited to: 1. Minimum standards for home care services. In establishing such standards, the Commissioner shall consider …

A. Every person, corporation, partnership, association or other legal entity desiring to obtain a license to establish, or to obtain a renewal license to operate, a home care agency in this state shall make application to the State Department of Health in such form and accompanie…

Any home care agency, home care agency administrator, or home health aide covered by the Home Care Act that has been determined by the State Department of Health to have violated any provision of the Home Care Act or any rule promulgated thereto may be liable for an administrativ…

The State Department of Health may bring an action in a court of competent jurisdiction for equitable relief to redress or restrain a violation by any person of a provision of the Home Care Act or any rule promulgated pursuant to the provisions of the Home Care Act. Said court sh…

A. Any person, other legal entity, or any governmental agency may bring a civil action to restrain a provider of home care services, or a person acting on behalf of the provider or under the provider's control from, or for the collection of damages caused by: 1. Making or enforci…

No agency, employee of any agency, or home health aide shall serve as the guardian of a client unless such home care provider is related to the client by blood or marriage and is otherwise eligible to serve as a guardian. Added by Laws 1992, c. 139, § 10, eff. Sept. 1, 1992.

The provisions of the Administrative Procedures Act shall apply to all administrative rules and procedures of the State Board of Health promulgated pursuant to the Home Care Act. Added by Laws 1992, c. 139, § 11, eff. Sept. 1, 1992.

There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated as the "Home Health Care Revolving Fund". Said fund shall be a continuing fund not subject to fiscal year limitations. The fund shall consist of all monies collecte…

Violations. A. As used in this section: 1. “Companion” or “sitter” means assistance with household tasks, shopping, meal preparation or planning, and provision of fellowship and other nonpersonal care for the individual including transportation, letter writing, socialization, and…

certified nurse aide. A. Patients who are capable of self-administering their own medications without assistance shall be encouraged and allowed to do so. However, a certified nurse aide may assist a patient whose condition is medically stable with the self-administration of rout…

The owner of any nursing home, assisted living center, residential care home, continuum of care facility, independent living facility, life care community, long-term care facility or any other facility offering similar services which may or may not be subject to the licensing req…

This act shall be known and may be cited as the “Silver Alert Act”. Added by Laws 2009, c. 50, § 1, eff. Nov. 1, 2009.

adults. The Department of Public Safety shall develop and implement a statewide Kasey Alert system to be activated on behalf of a critically missing adult. The Kasey Alert system shall be developed in cooperation with the Department of Transportation, the Department of Human Serv…

rules. A. The Commissioner of Public Safety shall be the statewide coordinator of the Kasey Alert system and shall coordinate with media outlets for the rapid and accurate announcement of a Kasey Alert to the public. B. The Department of Public Safety shall promulgate rules as ne…

A. When a law enforcement agency receives notice of a critically missing adult, the agency shall take the following actions: 1. Enter the missing individual into the National Crime Information Center (NCIC) database immediately upon obtaining the necessary information for NCIC pu…

A Kasey Alert shall include: 1. All appropriate information provided by a law enforcement agency that may lead to the safe recovery of the critically missing adult; and 2. A statement instructing any person with information related to a missing Native American or Indigenous perso…

A. Any law enforcement agency that issues a Kasey Alert shall terminate the alert when the notification period ends, as determined by a Department of Public Safety rule. B. Any law enforcement agency that locates a person who is the subject of a Kasey Alert shall immediately noti…

As used in the Silver Alert Act: 1. “Alert” means the statewide silver alert for missing senior citizens; 2. “Local law enforcement agency” includes, but is not limited to, a county sheriff’s office, a police department of a municipality or city, or the state highway patrol; 3. “…

The Department of Public Safety shall develop and implement a statewide silver alert system to be activated on behalf of a missing senior citizen in cooperation with the Department of Transportation, the Department of Human Services, any local law enforcement agency, the Oklahoma…

of directives. The Commissioner of Public Safety is the statewide coordinator of the silver alert system and shall: 1. Adopt rules and issue directives as necessary to ensure proper implementation of the alert. The rules and directives shall include: a. the procedures to be used …

A. A silver alert shall be activated if a local law enforcement agency: 1. Receives notice of a missing senior citizen; 2. Verifies that at the time the senior citizen is reported missing: a. the person reported missing is sixty (60) years of age or older, b. the location of the …

The silver alert shall include: 1. All appropriate information that is provided by the local law enforcement agency that may lead to the safe recovery of the missing senior citizen; and 2. A statement instructing any person with information related to the missing senior citizen t…

A. The local law enforcement agency responsible for the issuance of a silver alert shall terminate any silver alert with respect to a particular missing senior citizen not later than the earlier of the date on which: 1. The missing senior citizen is located or the situation is ot…

This act shall be known and may be cited as the "Kasey Alert Act". Added by Laws 2023, c. 132, § 1, eff. Nov. 1, 2023.

As used in the Kasey Alert Act: 1. "Alert" or "Kasey Alert" means the statewide Kasey Alert for critically missing adults; 2. "Ashanti Alert" means the national communications network established by the Ashanti Alert Act of 2018, Sections 21901 through 21907 of Title 34 of the Un…

A. The State Board of Health shall promulgate rules that require all medical and direct care staff of nursing and specialized facilities, adult day care centers, assisted living centers and home health agencies licensed by the State Department of Health to complete, at a minimum,…

There is hereby created in each county of the state a county board of health, which shall consist of five (5) members, who shall serve without compensation, and who shall be residents of the county, appointed as follows: (a) The State Commissioner of Health shall appoint one memb…

The county board of health shall have the following powers and duties: 1. Organize by electing a chair and other necessary officers annually and meet at such times, in such manner and upon such notice as the board shall prescribe. Provided, that the board shall meet at least two …

Compensation. (a) There is hereby created the office of county superintendent of health for each county that does not maintain a county department of health and that does not participate in the maintenance of a district department of health. (b) The county superintendent of healt…

The county superintendent of health, under the supervision of the State Commissioner of Health, shall have the following powers and duties: Abolish nuisance that are inimical to public health; isolate persons infected with dangerous, communicable infectious or contagious diseases…

Medical director - Contracts for public health services. A. The county board of health may, with the approval of the State Commissioner of Health, establish and maintain a county department of health, the maintenance and operation of which is hereby declared to be a function of c…

A. A county department of health, a district department of health, a cooperative department of health, and a city-county department of health shall, in their respective jurisdictions: 1. Maintain programs for disease prevention and control, health education, guidance, maternal an…

services - Disposition of funds. A. County, district, cooperative and city-county health departments, with the approval of the State Commissioner of Health, may collect fees for health services such as nursing, chronic disease screening, immunizations, maternal and child health s…

Cooperative departments of health may be formed by agreement between the county board of health of any county maintaining a county department of health, or the county boards of health of counties in a health district, and the governing boards of cities, towns, and school district…