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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3892 By: Townley
AS INTRODUCED
An Act relating to professions and occupations;
requiring compliance with certain orders; amending 59
O.S. 2021, Section 567.6a, which relates to the
Oklahoma Nursing Practice Act ; making certain persons
comply with orders; amendi ng 63 O.S. 2021, Section 1 -
1951, which relates to the Nursing Home Care Act ;
making certain persons comply with orders; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 567.5b of Title 59, unless there
is created a duplication in numbering, reads as follows:
Within the scope of practice of a Certified Nurse Practitio ner,
any Advanced Unlicensed Assistant , Certified Nurse Aide ,
nontechnical services worker or any other person shall be required
to comply with orders issued by a Certified Nurse Practitioner and
shall further be subject to the direction of a Certified Nurse
Practitioner.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 567.6a, is
amended to read as follows:
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Section 567.6a A. All applicants for a certificate to practice
as an Advanced Unlicensed Assistant shall be subject to Section
567.8 of this title.
B. An applicant for a cert ificate to practice as an Advanced
Unlicensed Assistant shall submit to the Oklahoma Board of Nursing
certified evidence that the applicant:
1. Has successfully completed the prescribed curricula in a
state-approved education program for Advanced Unlicens ed Assistants
and holds or is entitled to hold a diploma or certificate therefrom,
or equivalent courses in a formal program of instruction;
2. Has never been convicted of a felony crime that
substantially relates to the occupation of nursing and poses a
reasonable threat to public safety;
3. Has submitted a criminal history records search that i s
compliant with Sectio n 567.18 of this title;
4. Is a minimum of eighteen (18) years of age; and
5. Has met such other reasonable preliminary qualification
requirements as the Board may prescribe.
C. The applicant for a certificate to practice as an Ad vanced
Unlicensed Assistant shall be required to pass an examination in
such subjects as the Board may require. Upon the applicant
successfully passing such exam ination, the Board may issue to the
applicant a certificate to practice as an Advanced Unlicen sed
Assistant. An applicant who fails such examination shall be subject
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to reexamination according to the rules of the Board. The passing
criteria shall be esta blished by Board rules.
D. Any person who holds a certificate to practice as an
Advanced Unlicensed Assistant in thi s state shall have the right to
use both the title "Advanced Unlicensed Assistant " and the
abbreviation "A.U.A.". No other person shall as sume such title or
use such abbreviation or any other words, letters, signs, or figures
to indicate that the person u sing the same is an Advanced Unlicensed
Assistant. Any individual doing so shall be guilty of a
misdemeanor, which shall be punishable, up on conviction, by
imprisonment in the county jail for not more than one (1) year or by
a fine of not less than One Hu ndred Dollars ($100.00) nor more than
One Thousand Dollars ($1,000.00), or by both such imprisonment and
fine for each offense.
E. As used in this section:
1. "Substantially relates " means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupat ion; and
2. "Poses a reasonable threat " means the nature of criminal
conduct for which the pe rson was convicted invo lved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the oc cupation.
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F. Any person who holds a certificate to practice as an
Advanced Unlicensed Assista nt in this state shall be subject to the
provisions of Section 1 of this act.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -1951, is
amended to read as follows:
Section 1-1951. 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 programs established pursu ant to Section 223.1 of
Title 72 of the Oklahoma Statutes;
3. Determine curricula and standards for tra ining and
competency programs. The Departme nt shall require such training to
include a minimum of ten (10) hours of training in the care of
Alzheimer's patients;
4. Establish and maintain a registry for certified nurse aides
and for nurse aide trainees;
5. Establish categories and standards for n urse aide
certification and registration, including feeding assistants as
defined in 42 CFR Parts 483 and 48 8;
6. Exercise all inc idental powers as necessary and proper to
implement and enforce the provisions of this section; and
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7. Suspend or revoke any certification issued to any nurse
aide, if:
a. the nurse aide is found to meet any of the
requirements contained in subsection D o f Section 1-
1947 of this title,
b. the nurse aide is found to meet any of the
requirements contained in subsection C of Secti on 1-
1950.1 of this title, or
c. the nurse aide is found to have committed abuse,
neglect or exploitation of a resident or
misappropriation of resident or client property
pursuant to the requirements contained in paragraph 7
of subsection D F of this section. The action to
revoke or suspend may be included with the filing of
any action pursuant to the requiremen ts of paragraph 7
of subsection D F of this section.
B. The State Board of Health shall promulgate rules t o
implement the provisions of this section a nd shall have power to
assess fees.
1. Each person certified as a nurse aide pursuant to the
provisions of this section shall be required to pay certification
and recertification fees in amounts to be determined by the State
Board of Health, not to exceed Fifteen Dollars ($15.00).
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2. In addition to the certification and recertification fees,
the State Board of Health may impose fees for training or education
programs conducted or approved by the Department, exce pt for those
programs operated by the Oklaho ma Department of Veterans Affairs.
3. All revenues collected as a result of fees authorized in
this section and imposed by the Board shall be deposited into the
Public Health Special Fund.
C. Only a person who has qualified as a certified nurse aide
and who holds a valid current nurse aide certificate for use in this
state shall have the right and privilege of using the title
Certified Nurse Aide and to use the abbreviation CNA after the name
of such person. Any person who violates the provisions of this
section shall be subject to a civil monetary penalty to be assessed
by the Department.
D. A person qualified by the Department as a certified nurse
aide shall be deemed to have met the requirements to work as a home
health aide pursuant to the provisions of the Home Care Act and
shall require no further licensure for performing services within
the scope of practice of home health aides.
E. A person qualified by the Department as a certified nurse
aide shall be subject to the provisions of Section 1 of this act.
F. 1. The State Department of Health shall establish and
maintain a certified nurse aide, nurse aide trainee and feeding
assistant registry that:
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a. is sufficiently accessible to promptly meet the need s
of the public and employers, and
b. provides a process for notification and investigation
of alleged abuse, exploitation or neglect of residents
of a facility or home, clients of an agency or center,
or of misappropriation of resident or client property.
2. The registry shall contain information as to whether a nurse
aide has:
a. successfully completed a certified nurse aide training
and competency examination,
b. met all the requirements for certification, or
c. received a waiver from the Board.
3. The registry shall include, but not be limited to, the
following information on each certified nurse aide or nurse aide
trainee:
a. the full name of the individual,
b. information necessary to identify each individual.
Certified nurse aides and nurse aide tr ainees shall
maintain with the registry current residential
addresses and shall notify the registry, in writing,
of any change of name. Notification of change of name
shall require certified copies of any marriage license
or other court document which ref lects the change of
name. Notice of change of address or telephone number
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shall be made within ten (10) days of the effected
change. Notice shall no t be accepted over the phone,
c. the date the individual became eligible for placement
in the registry, and
d. information on any finding of the Department of abuse,
neglect or exploitation by the certified nurse aide or
nurse aide trainee, including:
(1) documentation of the Department's investigation,
including the nature of the allegation and the
evidence that led the Department to confirm the
allegation,
(2) the date of the hearing, if requested by the
certified nurse aide or nurse aide trainee, and
(3) statement by the individual disputing the finding
if the individual chooses to make one.
4. The Department shall include the information specified in
subparagraph d of paragraph 3 of this subsection in the registry
within ten (10) working days of the sub stantiating finding and it
shall remain in the registry, unless:
a. it has been determined by an administr ative law judge,
a district court or an appeal court that the finding
was in error, or
b. the Board is notified of the death of the certified
nurse aide or nurse aide trainee.
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5. Upon receipt of an allegation of abuse, exploitation or
neglect of a residen t or client, or an allegation of
misappropriation of resident or client property by a certified nurse
aide or nurse aide trainee, the Department shall place a pending
notation in the registry until a final determination has been made.
If the investigation , or administrative hearing held to determine
whether the certified nurse aide or nurse aide trainee is in
violation of the law or rules promulgated p ursuant thereto, reveals
that the abuse, exploitation or neglect, or misappropriation of
resident or client property was unsubstantiated, the pending
notation shall be removed within twenty -four (24) hours of receipt
of notice by the Department.
6. The Department shall, after notice to the individuals
involved and a reasonable opportunity for a hearing, make a finding
as to the accuracy of the allegations.
7. If the Department after notice and opportunity for hearing
determines with clear and convincing e vidence that abuse, neglect or
exploitation, or misappropriation of resident or client property has
occurred and the alleged perpetrator is the person who committed the
prohibited act, notice of the findings shall be sent to the nurse
aide and to the distr ict attorney for the county where the abuse,
neglect or exploitation, or misappropriation of resident or c lient
property occurred and to the Medicaid Fraud Control Unit of the
Attorney General's Office. Notice of ineligibility to work as a
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nurse aide in a long-term care facility, a residential care
facility, assisted living facility, day care facility, or any entity
that requires certification of nurse aides, and notice of any
further appeal rights shall also be sent to the nurse aide.
8. In any proceedin g in which the Department is required to
serve notice or an order on an individual, the Department may sen d
written correspondence to the address on file with the registry. If
the correspondence is returned and a notation of the United States
Postal Service indicates "unclaimed" or "moved" or "refused" or any
other nondelivery markings and the records of the registry indicate
that no change of address as required by this subsection has been
received by the registry, the notice and any subsequent notices or
orders shall be deemed by the court as having been legally served
for all purposes.
9. The Department sh all require that each facility check the
nurse aide registry before hiring a person to work as a nurse aide.
If the registry indicates that an indivi dual has been found, as a
result of a hearing, to be personally responsible for abuse, neglect
or exploitation, that individual shall not be hired by the facility.
10. If the state finds that any other individual employed by
the facility has neglected, ab used, misappropriated property or
exploited in a facility, the Department shall notify the appropriate
licensing authority and the district attorney for the county where
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the abuse, neglect or exploitation, or misappropriation of resident
or client property occurred.
11. Upon a written request by a certified nurse aide or nurse
aide trainee, the Board shall pr ovide within twenty (20) working
days all information on the record of the certified nurse aide or
nurse aide trainee when a finding of abuse, exploit ation or neglect
is confirmed and placed in the registry.
12. Upon request and except for the names of re sidents and
clients, the Department shall disclose all of the information
relating to the confirmed determination of abuse, exploitation and
neglect by the certified nurse aide or nurse aide trainee to the
person requesting such information, and may disclo se additional
information the Department determines necessary.
13. A person who has acted in good faith to comply with state
reporting requirements a nd this section of law shall be immune from
liability for reporting allegations of abuse, neglect or
exploitation.
F. G. Each nurse aide trainee shall wear a badge which clearly
identifies the person as a nurse aide trainee. Such badge shall be
furnished by the facility employing the trainee. The badge shall be
nontransferable and shall include the first a nd last name of the
trainee.
G. H. 1. For purposes of this section, "feeding assistant"
means an individual who is paid to feed residents by a facili ty or
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who is used under an arrangement with another agency or organization
and meets the requirements ci ted in 42 CFR Parts 483 and 488.
2. Each facility that employs or contracts employment of a
feeding assistant shall maintain a record of all individual s, used
by the facility as feeding assistants, who have successfully
completed a training course approve d by the state for paid feeding
assistants.
SECTION 4. This act shall become effective November 1, 2022.
58-2-9669 LRB 01/03/22