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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3892 By: Townley
COMMITTEE SUBSTITUTE
An Act relating to professions and occupations;
requiring compliance with certain o rders; amending 63
O.S. 2021, Section 1-1951, which relates to the
Nursing Home Care Act ; making certain persons comply
with orders; providing for codifi cation; 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:
An Advanced Practice Registered Nurse in the role of Certified
Nurse Practitioner, Certified Nurse-Midwife, or Clinical Nurse
Specialist shall be responsible for the delegation and su pervision
of nursing tasks to unlicensed personnel . Tasks that may be
assigned to unlicensed personnel shall be stated in the employer 's
policies, and the employer shall verify the training of the
personnel and competencies to perform the tasks .
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SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -1951, is
amended to read as follows:
Section 1-1951. A. The State Depart ment 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 pursuant to Section 223.1 of
Title 72 of the Oklahoma Statutes;
3. Determine curricula and standards for training and
competency programs. The Departme nt shall require such training to
include a minimum of ten (10) hours of tra ining 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 488;
6. Exercise all incidental powers as necessary and proper to
implement and enforce the provisions of this section; and
7. Suspend or revoke any certification issued to any nurse
aide, if:
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a. the nurse aide is found to m eet any of the
requirements contained in subsection D of Section 1 -
1947 of this title,
b. the nurse aide is found to me et 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 a buse,
neglect or exploitation of a resident or
misappropriation of resident or client property
pursuant to the requirem ents 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 requirements of paragraph 7
of subsection D F of this section.
B. The State Board of Health sha ll 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 amo unts to be determined by the State
Board of Health, not to exceed Fifteen Dollars ($15.00).
2. In addition to the certification and rece rtification fees,
the State Board of Health may impose fees for training or education
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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 resul t 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 nam e
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 requ irements to work as a home
health aide pursuant to the provisions of the Home Care Act and
shall require no further licensure for perform ing 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:
a. is sufficiently accessible to pr omptly meet the needs
of the public and employers, and
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b. provides a process for notification and investigation
of alleged abuse, exploit ation 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 nur se aide training
and competency examination,
b. met all the requirements for certification, or
c. received a waiver fro m 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 trainees 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 reflects the change of
name. Notice of change of address or telephone number
shall be made within ten (10) days of the effected
change. Notice shall not be accepted over the phone,
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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 allegatio n 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 o ne.
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 substantiating finding and it
shall remain in the registry, unless:
a. it has been determined by an administrative law judge,
a district court or an appeal court that the finding
was in error, or
b. the Board is notified of th e death of the certified
nurse aide or nurse aide trainee.
5. Upon receipt of an allegation of abuse, exploitation or
neglect of a resident or client, or an allegation of
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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 pursuant 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 evidence 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 t o the nurse
aide and to the district attorney for the county where the abuse,
neglect or exploitation, or misappropriat ion of resident or client
property occurred and to the Medicaid Fraud Control Unit of the
Attorney General's Office. Notice of ineligibi lity to work as a
nurse aide in a long-term care facility, a residential care
facility, assisted living facility, day c are facility, or any entity
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that requires certification of nurse aides, and notice of any
further appeal rights shall also be sent to the nurse aide.
8. In any proceeding in which the Department is required to
serve notice or an order on an individual, th e Department may send
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 not ice and any subsequent notices or
orders shall be deemed by the court as having been legally served
for all purposes.
9. The Department shall 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 individual 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, abused, misappropriated property or
exploited in a facility, the Department shall notify the appropriate
licensing authority and the district attorney for the county where
the abuse, neglect or exploitation, or misappropriati on of resident
or client property occurred.
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11. Upon a written request by a certified nurse aide or nurse
aide trainee, the Board shall provide within twenty (20) working
days all information on the record of the certified nurse aide or
nurse aide trainee when a finding of abuse, exploitation or neglect
is confirmed and placed in the registry.
12. Upon request and except for the names of residents 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 informa tion, and may disclose additional
information the Department determines necessary.
13. A person who has acted in good faith to comply wi th state
reporting requirements and this section of law shall be immune from
liability for reporting allegations of abu se, neglect or
exploitation.
F. G. Each nurse aide trainee shall wear a badge which clearly
identifies the person as a nurse aide traine e. Such badge shall be
furnished by the facility employing the trainee. The badge shall be
nontransferable and shall include the first and last name of the
trainee.
G. H. 1. For purposes of this section, "feeding assistant"
means an individual who is p aid to feed residents by a facility or
who is used under an ar rangement with another agency or organization
and meets the requirements cited in 42 CFR Parts 483 and 488.
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2. Each facility that employs or contracts employment of a
feeding assistant shall ma intain a record of all individuals, used
by the facility as fe eding assistants, who have successfully
completed a training course approved by the state for paid feeding
assistants.
SECTION 3. This act shall become effective November 1, 2022.
58-2-10914 KN 03/02/22