Title 63, Title 63 — Public Health and Safety

A. Except as provided in subsections B and C of this section, no certificate of need shall be issued by the State Department of Health unless after investigation the State Commissioner of Health makes the following findings: 1. The action proposed in the application for such cert…

care community for certificate of need. A. The investigation made pursuant to an application by a not- for-profit life care community for a certificate of need shall include: 1. The adequacy of financial resources for the acquisition, expansion, or establishment of a new long-ter…

Any final determination by the State Department of Health pursuant to the Long-term Care Certificate of Need Act may be appealed by the applicant, or any other aggrieved party under the provisions of Sections 317 and 318 of Article II of the Administrative Procedures Act; provide…

construction - Time for acquisition. A. 1. A certificate of need issued pursuant to the provisions of the Long-term Care Certificate of Need Act for the construction or establishment of a new long-term care service or the expansion of an existing service shall be valid for a peri…

A. The State Board of Health shall promulgate such rules as are necessary to implement the provisions of the Long-term Care Certificate of Need Act and meet the requirements of federal regulations. The State Department of Health may administer oaths at any hearing or investigatio…

new long-term care facility - Written findings of facts, conclusions of law and explanations required. The Department is hereby directed, with respect to any decision granting or denying a certificate of need for a new long-term care facility, to issue in writing findings of fact…

Transfer of funds, property, etc. A. The Oklahoma Health Planning Commission is hereby abolished, and the powers, duties and responsibilities exercised by such Commission pursuant to law are hereby transferred to the State Department of Health and the State Commissioner of Health…

A. Any person who offers or develops or begins to offer or develop a long-term care facility without having first obtained a certificate of need, as provided by the Long-term Care Certificate of Need Act, shall be deemed guilty of a misdemeanor, and upon conviction shall be punis…

The provisions of this act shall be supplemental to any other law of this state relating to the offering and development of long- term care service, and shall repeal only those laws in direct conflict herewith. Laws 1971, c. 64, § 9, emerg. eff. April 8, 1971; Laws 1980, c. 188, …

The State Department of Health is authorized to create a volunteer program for long-term care facilities. The Department may promote, develop, train and manage volunteers related to long-term care needs. Added by Laws 2001, c. 410, § 20, eff. Nov. 1, 2001.

Sections 1 through 16 of this act shall be known and may be cited as the "Oklahoma Hospice Licensing Act". Added by Laws 1991, c. 217, § 1, eff. Sept. 1, 1991.

order or other instrument. A. If upon inspection or investigation, or whenever the Department determines that there are reasonable grounds to believe that a hospice is operating in violation of the Oklahoma Hospice Licensing Act, or any rule promulgated pursuant to the Oklahoma H…

A. 1. Final orders of the Department may be appealed to the Supreme Court of Oklahoma pursuant to this section and the Administrative Procedures Act, Section 301 et seq. of Title 75 of the Oklahoma Statutes, by any party directly affected or aggrieved by the order. 2. An appeal s…

The Department may request the Attorney General to 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 Oklahoma Hospice Licensing Act or any rule promulgated thereto or order issued pursu…

The Department shall publish and distribute an annual report of its activities and any recommendations for the improvement of services and care and treatment to hospice patients on or before January 1 of each year to the Governor and to the Commissioner of Health.

A. The State Department of Health, subject to the approval of the State Board of Health, shall prescribe and publish in the manner established by its rules, fees in the amounts determined by the Board for the following: 1. Initial application fee; 2. First-year license fee; 3. Pe…

There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Hospice Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Departmen…

As used in the Oklahoma Hospice Licensing Act: 1. "Board" means the State Board of Health; 2. "Department" means the State Department of Health; 3. "Hospice program" means a centrally administered, nonprofit or profit, medically directed, nurse-coordinated program which provides …

A public or private agency or person which establishes, conducts, or maintains a hospice or holds itself out to the public as a hospice is required by the Oklahoma Hospice Licensing Act, to obtain a first-year or permanent license from the Department pursuant to the Oklahoma Hosp…

Each hospice program shall consist of hospice home services and may provide inpatient hospice services which afford the patient and the family of the patient a range of hospice services which can be tailored to specific needs and preferences of the patient and family. Added by La…

teams - Records - Governing body - Administrators. A. A hospice shall comply with the following: 1. A hospice shall coordinate its services with those of the patient's primary or attending physician; 2. A hospice shall coordinate its services with professional and nonprofessional…

The State Department of Health shall have the power and duty to: 1. Issue, renew, deny, modify, suspend and revoke first-year and permanent licenses for hospice programs pursuant to the provisions of the Oklahoma Hospice Licensing Act; 2. Establish and enforce standards and requi…

for delivery of services - Term and renewal of license - Conditional license. A. No public or private agency or person shall establish, conduct or maintain a hospice program or hold itself out to the public as a hospice program without first obtaining a first-year or permanent li…

A hospice shall not discontinue or diminish care provided to a patient already in its care because of the patient's inability to pay for the care. Added by Laws 1991, c. 217, § 7, eff. Sept. 1, 1991.

Any duly authorized officer or employee of the Department shall have the right to conduct such inspections and investigations as are necessary in order to determine the state of compliance with the provisions of the Oklahoma Hospice Licensing Act and with the rules and regulation…

license. A. After notice and hearing pursuant to the provisions of Section 1-860.10 of this title, the State Department of Health may: 1. Deny a first-year or permanent license to an applicant who does not meet the requirements for licensure pursuant to the provisions of the Okla…

A. Any person who has been determined by the State Department of Health to have violated any provision of the Oklahoma Hospice Licensing Act or any rule or order of the State Board of Health issued pursuant thereto may be assessed an administrative fine of not less than Fifty Dol…

A. All administrators operating a hospice program in this state shall be required to complete eight (8) hours of continuing education each calendar year. B. The State Board of Health shall promulgate rules concerning the qualifications of continuing education courses for administ…

A. This act shall be known and may be cited as the “Sheltered Workshop Act”. B. The Sheltered Workshop Act allows individuals with developmental disabilities opportunities to participate in meaningful work or training activities. Each workshop will be licensed and provide a safe …

As used in the Sheltered Workshop Act: 1. “Community services worker” means any person who: a. contracts with the Oklahoma Health Care Authority to provide specialized foster care, habilitation training specialist services, or homemaker services to persons with developmental disa…

Sheltered workshops. A. The Department of Human Services shall have the power and duty to: 1. Enforce any provision of the Sheltered Workshop Act; 2. Issue, renew, deny, modify, suspend, and revoke licenses for sheltered workshops pursuant to the provisions of the Sheltered Works…

A. A license shall expire twelve (12) months from the date of issuance, unless revoked, and may be renewed annually by the Department of Human Services pursuant to the provisions of the Sheltered Workshop Act. All licenses shall be on a form prescribed by the Director of Human Se…

A. The Department of Human Services may issue a conditional license to any sheltered workshop if the Department finds that a violation exists in such sheltered workshop. The issuance of a conditional license shall revoke any license held by the sheltered workshop issued pursuant …

A. Except as provided in this section, a license to operate a sheltered workshop subject to the provisions of the Sheltered Workshop Act is not transferable. Operation of a sheltered workshop may only be transferred: 1. With the prior written approval of the Director of the Devel…

A. Every sheltered workshop shall be inspected at least annually by a duly appointed representative of the Department of Human Services pursuant to rules promulgated by the Sheltered Workshop Act. B. The Department shall inspect, survey, and evaluate each sheltered workshop to de…

Confidentiality. A. Providers or licensees are required to conduct a search of criminal history records and the Oklahoma Department of Human Services Community Services Worker Registry (Registry) prior to permanent employment of any community services worker. The provider or lice…

As used in this section: 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 …

A. At the time of the referral, a referral agency shall disclose the following to the consumer: 1. A description of the referral agency's service; 2. A statement on whether the consumer or the assisted living center or continuum of care facility to which the consumer is referred …

A referral agency shall not: 1. Refer a consumer to an assisted living center or continuum of care facility in which the referral agency has an ownership, management, or financial interest excluding a de minimis interest, such as a direct or indirect ownership of less than one pe…

A referral agency shall: 1. Use a nationally accredited service provider to obtain criminal history record information upon hire, on a referral agency employee who has direct contact with a consumer; provided, however, that a referral agency employee who physically enters an assi…

A. A written contract entered into between a referral agency and an assisted living center or continuum of care facility may provide for the compensation of a referral agency for all referrals made to an assisted living center or continuum of care facility; such compensation may …

A. A referral agency that violates this act is subject to a civil penalty in an amount equal to Five Hundred Dollars ($500.00) for each violation. B. The Attorney General or a district attorney may bring an action to recover a civil penalty imposed under subsection A of this sect…

The Oklahoma State Legislature hereby finds and declares that there is an inadequate range of community-based services for frail elderly and disabled adults and that there is an urgent need to establish, support and regulate a community-based system of quality adult day care prog…

Section 2 through 9 of this act shall be known and may be cited as the "Adult Day Care Act". Added by Laws 1989, c. 192, § 2, eff. Nov. 1, 1989.

As used in the Adult Day Care Act: 1. “Adult day care center” or “center” means a facility which provides basic day care services to unrelated impaired adults for more than four (4) hours in a twenty-four-hour period. A center shall be a distinct entity, either freestanding or a …

to be licensed. A. The State Commissioner of Health, with the advice of the Long-Term Care Facility Advisory Board, created pursuant to Section 1-1923 of this title, shall define minimum adult day care licensure requirements and rules including standards for: 1. Health and social…

with law. A. An applicant for a license to operate an adult day care center must file an application on a form approved by the State Department of Health and pay an initial license fee which shall be determined by the Department. B. Applications for license renewal must be filed …

The State Department of Health shall at least annually and whenever it deems necessary inspect each adult day care center to determine compliance with the Adult Day Care Act and rules and regulations promulgated thereto. Any licensee or applicant for a license shall be deemed to …

- notice - Hearing - Reinstatement of suspended license. A. The State Department of Health may deny, suspend, deny renewal or revoke the license of an applicant or a licensed adult day care center which fails to comply with the licensing requirements and rules and regulations spe…

of participants and Department - Surrender of license. A. If an adult day care center ceases operations, the center shall notify the participants in writing of its intention to do so at least thirty (30) days prior to the effective date of closure unless the Department has ordere…