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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1431 By: Rosino
AS INTRODUCED
An Act relating to public health; amending 63 O.S.
2021, Sections 1-820, 1-829, 1-836, 1-873, 1-890.6,
1-1902, 1-1911, 1-1923.1, 1-1928, and 1-1929, which
relate to long-term care; amending 74 O.S. 2021,
Section 3905, which relates to termination of certain
statutory entities; removing provisions rel ating to
the Long-Term Care Facility Advi sory Board; updating
statutory language; repealing 63 O.S. 2021, Section
1-1923, which relates to the Long-Term Care Facility
Advisory Board; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-820, is
amended to read as follows:
Section 1-820. As used in the Residential Care Act:
1. "Abuse" means the willful infliction of injury, unreasonable
confinement, intimidation or punishment, with resulting physical
harm, impairment or mental ang uish;
2. "Access" means the right of a person to enter a home to
communicate privately and without unreasonable restriction;
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3. "Administrator" means the person who is in charge of a home
and who devotes at least one-third (1/3) of his or her full workin g
time to on-the-job supervision of the home;
4. "Adult companion home " means any home or establishment,
funded and certified by the Department of Human Services, which
provides homelike residential accomm odations and supportive
assistance to three or few er developmentally disabled adult s;
5. "Advisory Board" means the Long-Term Care Facility Advisory
Board;
6. "Ambulatory" means any resident who is capable of self -
movement, including in and out of wheelc hairs, to all areas of the
home;
7. 6. "Board" means the State Board of Health;
8. 7. "Commissioner" means the State Commissioner of Health;
9. 8. "Department" means the State Department of Health;
10. 9. "Habilitation" means procedures and interventio ns
designed to assist a menta lly ill, drug-dependent or alcohol-
dependent person eighteen (18) years of age or older to achieve
greater physical, mental and social development by enhancing the
well-being of the person and teaching skills which increase the
possibility that the residen t will make progressi vely independent
and responsible decisions ab out social behavior, quality of life,
job satisfaction and personal relationships;
11. 10. "Home" means a residential care hom e;
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12. 11. "Residential care home ":
a. means any establishment or institution which offers,
provides or supports residential accommodati ons, food
service, and supportive assistance to any of its
residents or houses any residents requiring supportive
assistance who are not related to the o wner or
administrator of the home by blood or marr iage. A
residential care home shall not include:
(1) an adult companion home,
(2) a group home,
(3) a hotel,
(4) a motel,
(5) a residential mental health facility operated by
the Department of Mental Healt h and Substance
Abuse Services,
(6) a fraternity or a sorority house,
(7) college or university dormito ry, or
(8) a home or facility approved and annually reviewed
by the United States Department of Veterans
Affairs as a medical foster home in which care i s
provided exclusively to thr ee or fewer veterans.
The residents of a residential care home shall be
ambulatory and essentially capable of participating in
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their own activities of daily living, but shall not
routinely require nursing services, and
b. may consist of a series of units o r buildings which
are not connected or part of the same structure if:
(1) such buildings or units are owned by the same
owner or operator,
(2) all residents of the units or buildings are fully
capable of ambulation to and from the buildings
or units,
(3) the location and const ruction of the buildings or
units ensure the health, safety, and protection
from fire hazards and other hazards and provide
for the convenience and accessibility of the
residents to each residential buildin g or unit,
(4) any out-of-doors premise or thoroug hfare is
adequately maintained to ensure the health a nd
safety of the residents, and
(5) the buildings or units are within one hundred
seventy-five (175) feet of the buildi ng housing
the main kitchen and di ning room. The units or
buildings must be located in the most convenient
and accessible location for r esidents;
provided, however, the leasing of rooms directly or
indirectly to residents of a home shall not void the
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application of the provisions of the R esidential Care
Act or rules promulgated pursuant thereto.
The State Board Commissioner of Health shall promulgate r ules for
such residential homes pursuant to the provisions of Section 1 -836
of this title;
13. 12. "Licensee" means a person, corporation, partnership, or
association who is the owner of a home which is licensed pursuant to
the provisions of the Residential C are Act;
14. 13. "Maintenance" means meals, shelter, and laundry
services;
15. 14. "Neglect" means failure to provide goods and/or
services necessary to avoid phys ical harm, mental ang uish, or mental
illness;
16. 15. "Operator" means the person who is not the
administrator but who manages the home;
17. 16. "Owner" means a person, corporation, partnersh ip,
association, or other entity w hich owns or leases a home or part of
a home, directly or indirectly, to residents. The person or entity
that stands to profit or lose as a result of the financial success
or failure of the operation shall be presumed to be the owner of the
home;
18. 17. "Personal care" means assistance with meals, dres sing,
movement, bathing or other personal needs or maintenance, or general
supervision of the physical and mental well -being of a person, who
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is incapable of maintaining a private, independent residence, or who
is unable to manage all activities of daily l iving without
assistance, whether or not a guardian has been appointed for the
person;
19. 18. "Resident" means a person of legal age, residing in a
home due to illness, p hysical or mental infirmity, or ad vanced age;
20. 19. "Representative of a resident " means a court-appointed
guardian, or if there is no court -appointed guardian, a relative or
other person designated in writing by the resident. No owner,
agent, employee, or person with a pecuniary inter est in the
residential facility or relative thereo f shall be a representative
of a resident unless the person is appointed by the court;
21. 20. "Supportive assistance" means the service rendered to
any person which is su fficient to enable the person to m eet an
adequate level of dail y living. Supportive assistance includes, but
is not limited to, housekeeping, assistance in the preparation of
meals, assistance in the safe storage, distribution and
administration of medica tions, and assistance in personal care as
necessary for the hea lth and comfort of th e person. The term
"supportive assistance " shall not be interpreted or applied so as to
prohibit the participation of residents in housekeeping or meal
preparation tasks as a part of the written treatment plan for the
training, habilitation or rehabilitat ion of the resident, prepared
with the participation of the resident, the mental health or drug or
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alcohol services case manager assigned to the resident, and the
administrator of the facility or a designee ; and
22. 21. "Transfer" means a change in locati on of living
arrangements of a resident from one home to another home.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -829, is
amended to read as follows:
Section 1-829. A. Every home for which a license has b een
issued shall be inspected by a duly appointed representative of the
State Department of Health pursuant to rules promulgated by the
State Board Commissioner of Health with the advice and counsel of
the Long-Term Care Facility Advisory Board. Inspection reports
shall be prepared on forms prescribed by the Department with the
advice and counsel of the Advisory Board .
B. 1. The Department shall at least one time a year and
whenever it deems necessary inspect, survey, and eva luate each home
to determine compliance with appli cable licensure rules.
2. An inspection, investigation, survey , or evaluation shall be
either announced or unannounced. The State Board of Health
Commissioner shall promulgate rules determining the criter ia when an
inspection, investigation, survey or ev aluation shall be unannounced
or may be announced by the Depart ment. Any licensee, applicant for
a license or operator of any unlicensed facility shall be deemed to
have given consent to any duly authorize d employee, agent of the
Department to enter and i nspect the home in accordance with the
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provisions of the Reside ntial Care Act. Refusal to permit such
entry or inspection shall constitute grounds for the denial,
nonrenewal, suspension, or revocation of a license as well as
emergency transfer of all resi dents.
3. Any employee of the Department who discloses to any
unauthorized person, prior to an inspection, information regarding
an unannounced residential care home inspection that is required
pursuant to the provisions of the Reside ntial Care Act shall, upon
conviction thereof, be guilty of a misdemeanor. In addit ion, such
action shall be construed to be a misuse of office and punishable as
a violation of rules pro mulgated by the Ethics Commission.
One person may be invited from a s tatewide organization of older
adults or persons with disabilities by the Department to act as a
citizen observer in any inspection.
C. The Department shall maintain a log, updated at le ast
monthly and available for public ins pection, which shall at a
minimum detail:
1. The name of the home and date of inspection, investigation,
survey, or evaluation;
2. Any deficiencies, lack of compliance, or violation noted at
the inspection, investi gation, survey, or evaluation;
3. The date a notice of violation, li cense denial, nonrene wal,
suspension, or revocation was issued or other enforcement action
occurred;
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4. The date a plan of correction was submitted and the date the
plan was approved;
5. The date corrections were completed, a s verified by an
inspection; and
6. If the inspection or investigation was made pursuant to the
receipt of a complaint, the date such complaint was received and the
date the complainant was notified of the results o f the inspection
or investigation.
D. The Department may require the residential care hom e to
submit periodic reports. The Department shall have access to books,
records and other documents maintained by the home to the extent
necessary to implement the provisions of the Residential Care Act
and the rules promulgated by t he Board Commissioner pursuant
thereto.
E. The Department shall make at least one a nnual report on each
home in the state. The report shall include all conditions and
practices not in compliance wit h the provisions of the Res idential
Care Act or rules pr omulgated pursuant th ereto within the last year
and, if a violation is corrected, or is subject to an approved plan
of correction. The Department shall send a copy of the report to
any person upon receiving a written request. The Department may
charge a reasonable fee to cov er the cost of copying and mailing the
report.
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F. A state or local ombudsman as that term is defined by the
Special Unit on Aging within the Department of Human Services
pursuant to the Older Americans ' Act, 42 U.S.C.A., Section 3001 et
seq., as amended, or case manager employed by the Department of
Mental Health and Substance Abuse Services or one of its contract
agencies is authorized to accompany and shall be notified by the
Department of any inspection conducted of any home license d pursuant
to the provisions of the Residential Care Act. Any state or local
ombudsman is authorized to enter any home licensed pursuant to the
provisions of the Residential Care Act, communicate pri vately and
without unreasonable restriction with any res ident of a home who
consents to such communication, to seek consent to communicate
privately and without restriction with any resident of a home, and
to observe all areas of a home that directly perta in to the care of
a resident of a home.
G. Following any inspection by the D epartment, pursuant to the
provisions of this section, all repo rts relating to the inspection
shall be filed in the county office of the Department of Human
Services in which the home is located and with th e Department of
Mental Health and Substance Abuse Services.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -836, is
amended to read as follows:
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Section 1-836. A. The State Board Commissioner of Health shall
promulgate rules to enf orce the provisions of the Re sidential Care
Act. Such rules shall regulate:
1. Location and construction of the home , including plumbing,
heating, lighting, ventilation, and other physical conditions which
shall ensure the health, safety, and comfort of residents and
protection from fire hazards;
2. Number of all personnel, including management and
supervisory personnel, having responsibili ty for any part of the
care given to residents. The Department shall establish staffing
ratios for homes which shal l specify the number of staff hours of
care per resident that are needed for care for various types of
homes or areas within homes. Minimum personnel ratio requirements
for all homes shall be based only on average daily census;
3. All sanitary conditions within the home and its
surroundings, including water supply, sewage disposal, food
handling, and general hygiene, which shall ensure the h ealth and
comfort of residents;
4. Diet-related needs of each resident based on sound
nutritional practice and on r ecommendations which may be m ade by the
physicians attending the resident;
5. Equipment essential to the health and welfare of the
residents; and
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6. Rehabilitation programs for those residents who would
benefit from such programs.
B. 1. In order to fur ther ensure minimum standards for homes,
a certificate of training as specified shall be required of all:
a. administrators, who shall obtai n a residential care
administrator certificate of training, and
b. direct care staff responsible for administration of
medication to residents, w ho shall obtain a
residential care certificate of training.
2. The certificate will be developed and administe red by an
institution of higher learning with the advice of the State
Commissioner of Health and of the Long-Term Care Facility Advisory
Board.
a. (1) For residential care home administrators the
training shall consist of a minimum of fifty (50)
hours which shall include at least fifteen (15)
hours of training in the administration of
medication and shall also inc lude, but not be
limited to, training in:
(a) administration,
(b) supervision,
(c) reporting,
(d) record keeping,
(e) independent or daily living skills,
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(f) leisure skills and recreation, and
(g) public relations concerning the issues
associated with the operation of residential
care homes and programs.
(2) An individual applying for certification as an
administrator may at any time present the
institution of higher education with
documentation of prior education and work
experience for consideration for p ossible credit
toward certification.
(3) Any person employed as an administrator after
July 1, 1988, shall have completed the training
specified by this division.
(4) Thereafter, annually, at least sixteen (16) hours
of training in the subjects specified b y this
division shall be requ ired for such
administrator.
(5) A certified administrator may make a written
request to the Commissioner to be place d in an
inactive status for up to five (5) subsequent
calendar years. Such inactive status shall allow
the administrator to waive the educ ational
requirements for the period of the request. Such
certified administrator shall not work in a
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residential care administrator capacity in
Oklahoma this state until such time as the
certificate is reactivated. The reques t to
reactivate the certificate shall be made in
writing to the Commissioner. Such administrator
shall then be required to complete sixteen (16)
hours of training in the subjects specified in
this division.
b. All direct care staff who are responsible for
administration of medication to residen ts shall be
required to begin training in the administration of
medication within ninety (90) days of employment with
the home and to satisfactorily complete at least
fifteen (15) hours of training in the administrat ion
of medication, within the first year of employment
with the home.
3. All other direct care staff who are employed by a
residential care home, within nin ety (90) days of employment with
the home, shall be required to begin eight (8) hours of in -service
training, to be administered by the adm inistrator of the home or
other person designated by the administrator of the home and
completed within twelve (12) m onths from such person 's date of
employment, and annually thereafter. Thereafter such direct care
staff and the direct care staff responsi ble for administering
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medication to residents shall, annually, be required to receive at
least eight (8) hours of tra ining by the administrator of the home
in:
a. patient reporting and observation,
b. record keeping,
c. independent or daily living skills,
d. leisure skills and recreation,
e. human relations, and
f. such other training relevant to residential care
programs and operations.
4. The requirement of certification and the training specified
pursuant to the provisions of this subsection shall be in cluded in
the rules promulgated by the Board Commissioner.
5. Failure of the owner or ad ministrator to ensure the training
required pursuant to this subsection is received shall constitute a
violation of the Residen tial Care Act and shall be grounds for
revocation of licensure. Proof of successful completion of such
training for the residential care home administrator and direct ca re
staff shall be required prior to issuance or renewal of a license
issued pursuant to the provisions of the Residential Care Act. The
Department shall not renew any license for any residential care home
if the training required by this subsection has no t been completed.
SECTION 4. AMENDATORY 63 O.S. 2021, Sectio n 1-873, is
amended to read as follows:
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Section 1-873. 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 req uirements and rules including standards for:
1. Health and social services which may be provided to
participants;
2. The range of services to be provided by a center based on
the type of participants to be served;
3. Staff to participant ratios;
4. Staff and volunteer qualifications;
5. Staff training;
6. Food services;
7. Participant records and care plans;
8. Antidiscrimination policies;
9. Sanitary and fire standards; and
10. Any other requirements necessary to ensu re the safety and
well-being of frail elderly and disabled adults.
B. Centers to be licensed shall include all adult day care
centers. Sheltered workshops and senior recreational centers which
do not receive participa nt fees for services are not required to be
licensed. It shall be unlawful to operate a center without fi rst
obtaining a license for such operation as required by the Adult Day
Care Act, regardless of other licenses held by the operator.
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Organizations operating more than one center shall ob tain a license
for each site.
C. The license for operation of a cent er shall be issued by the
State Department of Health. The license shall:
1. Not be transferable or assignable;
2. Be posted in a conspicuous place on the licensed premises;
3. Be issued only for the premises name d in the application;
and
4. Expire thirty-six (36) months from the date of issuance,
provided an initial license shall expire one hundred eighty (180)
days after the date of issuance. Lic enses may be issued for a
period of more than twelve (12) months, but not more than thirty-six
(36) months, for the licensing period immediately following November
1, 2021, in order to permit an equitable distribution of license
expiration dates to all mon ths of the year.
D. A center shall m eet the safety, sanitation an d food service
standards of the State De partment of Health.
E. Local health, fire and building codes relating to adult day
care centers shall be classified as an education use group.
F. The issuance or renewal of a license af ter notice of a
violation has been sent shall not constitute a waiver by the State
Department of Health of its power to subsequently revoke the license
or take other enforcement action for any violations of the Adult Da y
Care Act committed prior to issuanc e or renewal of the license.
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SECTION 5. AMENDATORY 63 O.S. 2021, Section 1-890.6, is
amended to read as follows:
Section 1-890.6. A. The Continuum of Care and Assisted Living
Act shall not apply to residential care homes, adult companion
homes, domiciliary care units operated by the Department of Veterans
Affairs, the private residences of persons with developmental
disabilities receivi ng services provided by the Developmental
Disabilities Services Division of the Department of Human Services
or through the Home- and Community-Based Waiver or the Alternative
Disposition Plan Waiver of the Oklahoma Health Care Authority, or to
hotels, motels, boardinghouses, rooming houses, a home or facility
approved and annually reviewed by the United States Department of
Veterans Affairs as a medical foster home in which care is provided
exclusively to three or fewer veterans, or other places that furni sh
board or room to their residents. The Continuum of Care and
Assisted Living Act shall not apply to facilities not chargi ng or
receiving periodic compensation fo r services rendered and not
receiving any county, state or federal assistance.
B. The State Commissioner of Health may ban admissions to, or
deny, suspend, refuse to renew or revoke the license of, any
continuum of care facility or assisted living center which fails to
comply with the Continuum of Care and Assisted Living Act or rules
promulgated by the State Board of Health Commissioner.
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C. Any person who has been determined by the Commissioner to
have violated any provision of the Continuum of Care and Assisted
Living Act or any rule promulgated hereunder shall be liable for an
administrative penalty of not more than Five Hundred Dollars
($500.00) for each day that the violation occurs.
D. 1. The State Department of Health shall develop a
classification system of violations, taking into consideration the
recommendations of the Long -Term Care Facility Advisory Board
pursuant to Section 1 -1923 of this title, which shall gauge the
severity of the violation and specif y graduated penalties based on:
a. no actual harm with the potential for minimal harm,
b. no actual harm with the potential for more than
minimal harm,
c. actual harm that is not immediate jeopardy, and
d. immediate jeopardy to resident health and safety.
2. Upon discovery of one or more violat ions, the Department
shall provide a statement of deficiencies containing the violations.
The continuum of care facility or assisted living center shall be
required to correct these violations and submit a plan of c orrection
that details how the facility or center will correct each violation,
ensure that the violation will not occur in the futur e and a period
to correct each violation not to exceed sixty (60) days.
3. No fine shall be assessed for any violation that is not
classified as actual harm or imm ediate jeopardy, unless the
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continuum of care facility or assisted living center fails to
correct the violation within the period set forth in the accepted
plan of correction. Fines may be assessed at any time for a ny
violations that are classified as act ual harm or immediate jeopardy.
4. Any new violation unrelated to the original violation an d
not classified as actual harm or immediate jeopardy that is
discovered upon a revisitation of a continuum of care facility or
assisted living center shall constit ute a new action and shall not
be included in the original citation or assessment of fines o r
penalties; provided, that a preexisting violation not corrected in
compliance with the approved plan of correction shall b e considered
still in effect.
E. If a continuum of care facility's failure to comply with the
Continuum of Care and Assisted Living Act or rules involves nursing
care services, the Commissioner shall have authority to exercise
additional remedies provided under the Nursing Home Care Act. If a
continuum of care facility's failure to comply with the Continuum of
Care and Assisted Livin g Act or rules involves adult day care
services, then the Commissioner shall have authority to exercise
additional remedies provided under the Adult Day Care Act.
F. In taking any action to deny, suspend, deny renewal, or
revoke a license, or to impose an administrative fee, the
Commissioner shall comply with requirements of the Administrative
Procedures Act.
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SECTION 6. AMENDATORY 63 O.S. 2 021, Section 1-1902, is
amended to read as follows:
Section 1-1902. As used in the Nursing Home Care Act:
1. "Abuse" means the willful infliction of injury, unreasonable
confinement, intimidation or punishment, wit h resulting physical
harm, impairment or mental anguish;
2. "Access" means the right of a person to enter a facility to
communicate privately and without unre asonable restriction when
invited to do so by a resident. The state or local "ombudsman", as
that term is defined by the Aging Services Division of the
Department of Human Servic es pursuant to the Older Americans ' Act,
42 U.S.C.A., Section 3001 et seq., a s amended, and a case manager
employed by the Department of Mental Health and Substance Abuse
Services or one of its contract agencies sh all have right of access
to enter a facility, communicate privately and without unreasonable
restriction with any resid ent who consents to the communication, to
seek consent to communicate privately and without restr iction with
any resident, and to observe all areas of the facility that directly
pertain to the patient care of the resident without infringing upon
the privacy of the other residents without first obtaining their
consent;
3. "Administrator" means the person licensed by the State of
Oklahoma who is in charge of a facility. An administ rator must
devote at least one-third (1/3) of such person 's working time to on-
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the-job supervision of the facility; provided that this requirement
shall not apply to an admin istrator of an intermediate care facilit y
for individuals with intellectual disabi lities with sixteen or fewer
beds (ICF/IID-16), in which case the person lice nsed by the state
may be in charge of more than one such ICF/IID -16 facility, if such
facilities are located within a circle that has a r adius of not more
than fifteen (15) miles, the total number of facilities and beds
does not exceed six facilities and s ixty-four beds, and each such
ICF/IID-16 facility is supervised by a qualified professional. The
facilities may be free-standing in a community or may be on campus
with a parent institution. The ICF/IID -16 facility may be
independently owned and operated or may be part of a larger
institutional operation;
4. "Advisory Board" means the Long-Term Care Facility Advisory
Board;
5. "Adult companion home" means any home or establishm ent,
funded and certified by the Department of Human Services, which
provides homelike residential accommodations and supportive
assistance to three or fewer adults with inte llectual or
developmental disabilities;
6. 5. "Board" means State Board of Health;
7. 6. "Commissioner" means State Commissioner of Health;
8. 7. "Department" means the State Department of Health;
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9. 8. "Facility" means a nursing facility and a special ized
home; provided this term shall not include a residential care home
or an adult companion home;
10. 9. "Nursing facility" means a home, an establishment o r an
institution, a distinct part of which is primarily engaged in
providing:
a. skilled nursing care and related services for
residents who require medical or nursing care,
b. rehabilitation services for the rehabilitation of
injured, disabled, or sick pe rsons, or
c. on a regular basis, health -related care and services
to individuals who because of t heir mental or physical
condition require care and services beyond the level
of care provided by a residential care home and which
can be made available to the m only through a nursing
facility.
"Nursing facility" does not mean, for purposes of Section 1 -851.1 of
this title, a facility constructe d or operated by an entity
described in paragraph 7 of su bsection B of Section 6201 of Title 74
of the Oklahoma Statute s or the nursing care component of a
continuum of care facility, as such term is defined under th e
Continuum of Care and Assisted Living Act, to the extent that the
facility constructed or opera ted by an entity described in paragraph
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7 of subsection B of S ection 6201 of Title 74 of the Oklahoma
Statutes contains such a nursing care component;
11. 10. "Specialized facility" means any home, establishment,
or institution which offers or provides inpati ent long-term care
services on a twenty -four-hour basis to a limited category of
persons requiring such services , including but not limited to a
facility providing health or habilitation services for individuals
with intellectual or developmental disabilit ies, but does not mean,
for purposes of Section 1 -851.1 of this title, a facility
constructed or operated by an entity described in paragraph 7 of
subsection B of Section 6201 of Title 74 of the Oklahoma Statutes or
the nursing care component of a continuu m of care facility, as such
term is defined under the Cont inuum of Care and Assisted Living Act,
to the extent that the facility constructed or operated by an entity
described in paragraph 7 of s ubsection B of Section 6201 of Title 74
of the Oklahoma Statu tes contains such a nursing care component;
12. 11. "Residential care home" means any home, establishment,
or institution licensed pursuant to the provisi ons of the
Residential Care Act other th an a hotel, motel, fraternity or
sorority house, or college or un iversity dormitory, which offers or
provides residential accommodations, food service, and supportive
assistance to any of its residents or houses any resident requiring
supportive assistance . The residents shall be persons who are
ambulatory and essentia lly capable of managing their own affairs,
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but who do not routinely require nursing care; provided, the term
"residential care home " shall not mean a hotel, motel, fraternity or
sorority house, or college or university dormitory, if the facility
operates in a manner customary to its description and does not h ouse
any person who requires supportive assistance from the facility in
order to meet an adequate level of daily living;
13. 12. "Licensee" means the person, a corporation,
partnership, or association who is the owner of the facility which
is licensed by the Department pursuant to the provisions of the
Nursing Home Care Act;
14. 13. "Maintenance" means meals, shelter, and laundry
services;
15. 14. "Neglect" means failure to provide goods and/or
services necessary to avoid physical harm, mental anguish, o r mental
illness;
16. 15. "Owner" means a person, corporation, partnership,
association, or othe r entity which owns a facility or leases a
facility. The person or entity that stands to profit or lose as a
result of the financial success or failure of the operation shall be
presumed to be the owner of the facility. Notwithstanding the
foregoing, any nonstate governmental entity that has a cquired and
owns or leases a facility and that has entered into an agreement
with the Oklahoma Health Care Authority to participate in the
nursing facility supplemental payment program ( "UPL Owner") shall be
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deemed the owner of such facility and shall be a uthorized to obtain
management services from a management services provider ( "UPL
Manager"), and to delegate, allocate and assign as between the UPL
Owner and UPL Manager, compensation, profits, losses, liabilities,
decision-making authority and responsibi lities, including
responsibility for the employment, direction, supervision and
control of the facility 's administrator and staff;
17. 16. "Personal care" means assistance with meals, dressing,
movement, bathing or other personal needs or maintenance, or general
supervision of the physical and mental well -being of a person, who
is incapable of maintaining a private, indep endent residence, or who
is incapable of managing his person, whether or not a guardian has
been appointed for such person;
18. 17. "Resident" means a person residing in a facility due to
illness, physical or mental infirmity , or advanced age;
19. 18. "Representative of a resident " means a court-appointed
guardian or, if there is no court -appointed guardian, the parent of
a minor, a relative, or other person, designated in writing by the
resident; provided, that any owner, operat or, administrator or
employee of a facility subject to the provisions of the Nursing Home
Care Act, the Residential Care Ac t, or the Group Homes for the
Developmentally Disabled or Physically Handicapped Persons Act shall
not be appointed guardian or limit ed guardian of a resident of the
facility unless the owner, operator, administrator or employee is
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the spouse of the reside nt, or a relative of the resident within the
second degree of consanguinity and is otherwise eligible for
appointment; and
20. 19. "Supportive assistance" means the service rendered to
any person which is less than the service provided by a nursing
facility but which is sufficient to enable the person to meet an
adequate level of daily living. Supportive assistance includes but
is not limited to housekeeping, assistance in the preparation of
meals, assistance in the safe storage, distribution, and
administration of medications, and assistance i n personal care as is
necessary for the health and comfort of such person. Supportive
assistance shall not include med ical service.
SECTION 7. AMENDATORY 63 O.S. 2021, Section 1 -1911, is
amended to read as follows:
Section 1-1911. A. 1. Every building, institution, or
establishment for which a license ha s been issued, including any
facility operated by the Oklahoma Department of Veterans Affairs,
shall be periodically inspected by a duly appointed representative
of the State Department of Health, pursuant to rules promulgated by
the State Board Commissioner of Health with the advice and counsel
of the Long-Term Care Facility Advisory Board, created in Section 1 -
1923 of this title.
2. Inspection reports shall be prepared on form s prescribed by
the Commissioner with the advice and counsel of the Advisory Bo ard.
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B. 1. The Department, whenever it deems necessary, shall
inspect, survey, and evaluate every facility , including any facility
operated by the Oklahoma Department of Veter ans Affairs, to
determine compliance with applicable licensure and certificatio n
requirements and standards. All inspections of facilities shall be
unannounced. The Department may have as many unannoun ced
inspections as it deems necessary.
2. The Department shall conduct at least one unannounced
inspection per calendar year of all nursing facilities operated by
the Oklahoma Department of Veterans Affairs.
3. Any employee of the State Department of Hea lth who discloses
to any unauthorized person, prior t o an inspection, information
regarding an unannounced nursing home inspection r equired pursuant
to the provisions of this section shall, upon conviction thereof, be
guilty of a misdemeanor. In addition, such action shall be
construed to be a misuse of off ice and punishable as a violation of
rules promulgated by the Ethics Commission .
4. a. The Department may periodically visit a facility for
the purpose of consultation and may notify the
facility in advance of such a visit. An inspection,
survey, or evaluation, other than an inspection of
financial records or a consultation visit, s hall be
conducted without prior notice to the facility.
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b. One person shall be invited by the Department from a
statewide organization of the elderly to act as a
citizen observer in unannounced inspections. The
individual may be a state or local ombudsman as
defined by the Aging Services Division of the
Department of Human Services, acting pursuant to the
provisions of the Old er Americans Act of 1965, Public
Law No. 89-73, 42 U.S.C.A., Section 3001 et seq., as
amended.
c. The citizen observer shall be reim bursed for expenses
in accordance with the provisions of the State Travel
Reimbursement Act.
d. An employee of a state or un it of a local government
agency, charged with inspect ing, surveying, and
evaluating facilities, who aids, abets, assists,
conceals, or conspires with a facility administrator
or employee in violation of the provisions of the
Nursing Home Care Act shall be guilty, upon conviction
thereof, of a misdemeanor and shall be subject to
dismissal from employment.
C. The Department shall hold o pen meetings, as part of its
routine licensure survey, in each of the licensed facilities to
advise and to facilitate commun ication and cooperation between
facility personnel an d the residents of facilities in their mutual
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efforts to improve patient care. Administrators, employees of the
facility, residents, residents ' relatives, friends, residents '
representatives, and employ ees from appropriate state and federal
agencies shall be encouraged to attend these meetings to contribute
to this process.
D. 1. The Department shall require periodic reports and shall
have access to books, records, and other documents maintained by the
facility to the extent necessary to implement the pr ovisions of the
Nursing Home Care Act and the rules promulgated pursuant theret o.
2. Any holder of a license or applicant for a license shall be
deemed to have given consent to any authorized officer, e mployee, or
agent of the Department to enter and insp ect the facility in
accordance with the provisions of the Nursing Home Care Act .
Refusal to permit said entry or inspection, except for good cause,
shall constitute grounds for remedial action or admini strative
penalty or both such action and penalty as p rovided in the Nursing
Home Care Act.
E. The Department shall maintain a file on each facility in the
state. All conditions and practices not in compliance with
applicable standards shall be specifical ly stated. If a violation
is corrected or is subject to an approved plan of correction, such
action shall be contained in the file. Upon receiving a written
request for a copy of the file documents, the Department shall send
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a copy of the document to any person making the written request.
The Department may charge a reasonable fee for copying costs.
SECTION 8. AMENDATORY 63 O.S. 2021, Section 1 -1923.1, is
amended to read as follows:
Section 1-1923.1. The State Department of Health shall:
1. Establish a Residents and Family State Council which shall
be composed of fifteen (15) members who are, or who have been within
the last twelve (12) months, residents, family members, resident
volunteer representatives or guardians of residents of nursin g
facilities licensed pursuant to the Nu rsing Home Care Act, but shall
not include persons representing residents in facilities for the
developmentally disabled. The Council shall annually elect a chair
and vice-chair, and shall meet at least quarterly. Meetings shall
be conducted in the vario us areas of the state with at least one
meeting in each of the four quadrants of the state to allow for
participation by family members and residents where possible. The
members of the Council shall be reimbursed pu rsuant to the State
Travel Reimbursement Act. The Council may present recommendations
to the Long-Term Care Facility Advisory Board created in Section 1-
1923 of this title and shall have the power and dut y to advise the
State Department of Health concerni ng the development and
improvement of services to and care and treatment of residents of
facilities subject to the provisions of the Nursing Hom e Care Act
and make recommendations to the Department as nece ssary and
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appropriate. The members shall serve at the pleasure of the State
Commissioner of Health; and
2. Establish a toll free, twenty -four-hour hotline for filing
of complaints against facil ities licensed pursuant to the provisions
of the Nursing Home Care Act.
SECTION 9. AMENDATORY 63 O.S. 2021, Section 1 -1928, is
amended to read as follows:
Section 1-1928. The Department State Commissioner of H ealth
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 primary purpose
and emphasis of the departmental rules and regulations shall be the
preservation of the health, welfare, and safety of t he residents.
The process of developing these rules and regulations shall
include the consideration of advice and comments from the Long-Term
Care Facility Advisory Board, representatives of nursing homes,
residential care homes, and representatives of sta tewide
organizations for the eld erly.
SECTION 10. AMENDATORY 63 O.S. 2021, Section 1 -1929, is
amended to read as follows:
Section 1-1929. The Department State Commissioner of Health
shall develop reasonable rules and regulations t hat establish
appropriate criteria for t he transfer of residents initiated by the
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Department in emergency situations , including notice and hearings if
the resident is aggrieved by the decision. The primary purpose and
emphasis of the departmental rules and regulations shall be the
preservation of the health, welfare, and safety of the r esidents.
In addition, the Depart ment of Human Services shall cooperate with
the Health Department and the Department of Mental Health and
Substance Abuse Services to provi de assistance in relocation of
residents, to provide casework services, and in othe r ways to
minimize the impact of t he transfer on the residents.
In the development of these rules and regulations, the
Department Commissioner shall consider advice and comm ents from the
Long-Term Care Facility Ad visory Board, representatives of the
nursing home and residential care home industries, and
representatives of statewide organizations for the elderly.
SECTION 11. AMENDATORY 74 O.S. 2021, Se ction 3905, is
amended to read as follows:
Section 3905. The following statutory entities and their
successors shall be terminated on July 1, 2014, and all powers,
duties and functions shall be abolish ed one (1) year thereafter:
1. State Board of Licensure for Professional Engineers and Land
Surveyors as created by Section 475.3 of Title 59 of the Oklahoma
Statutes;
2. Oklahoma Accountancy Board as created by Section 15.2 of
Title 59 of the Oklahoma S tatutes;
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3. The Board of Governors of the Licensed Ar chitects, Landscape
Architects and Registered Interior Designers of Oklahoma as created
by Section 46.4 of Title 59 of the Oklahoma Statutes;
4. Oklahoma Funeral Board as created by Section 396 of Titl e 59
of the Oklahoma Statutes;
5. Long-Term Care Facility Advisory Board as created by Sectio n
1-1923 of Title 63 of the Oklahoma Statutes;
6. Commission on Marginally Producing Oil and Gas Wells as
created by Section 700 of Title 52 of the Oklahoma Stat utes;
7. 6. Group Homes for Persons with Developmenta l or Physical
Disabilities Advisory Boar d as created by Section 1430.4 of Title 10
of the Oklahoma Statutes ;
8. 7. Electronic and Information Technology Accessibility
Advisory Council as created by Section 3 4.30 of Title 62 of the
Oklahoma Statutes; and
9. 8. Oklahoma Strategic Military Commis sion as created by
Section 5401 of Title 74 of the Oklahoma Statutes .
SECTION 12. REPEALER 63 O.S. 2021, Section 1-1923, is
hereby repealed.
SECTION 13. This act shall become ef fective November 1, 2022.
58-2-3281 DC 1/19/2022 3:49:15 PM