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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2817 By: Kendrix
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38	38	AS INTRODUCED
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40	40	An Act relating to sunset; amending 63 O.S. 2021,
41	41	Section 1-1923, which relates to the Long-Term Care
42	42	Facility Advisory Board ; re-creating the Board; and
43	43	modifying termination date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1923, is
52	52	amended to read as follows:
53	53	Section 1-1923. A. There is hereby re-created, to continue
54	54	until July 1, 2023 2029, in accordance with the provisions of the
55	55	Oklahoma Sunset Law, a Long -Term Care Facility Advisory Board which
56	56	shall be composed as follows:
57	57	1. The Governor shall appoint a twenty -seven-member Long-Term
58	58	Care Facility Advisory Board which sh all advise the State
59	59	Commissioner of Health. The Advisory Board shall be comprised of
60	60	the following persons:
61	61	a. one representative from the Office of the State Fire
62	62	Marshal, designated by the State Fire M arshal,
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89	89	b. one representative from the Oklahoma Hea lth Care
90	90	Authority, designated by the Administrator,
91	91	c. one representative from the Department of Mental
92	92	Health and Substance Abuse Services, designated by the
93	93	Commissioner of Mental Health and Substance A buse
94	94	Services,
95	95	d. one representative from the Depar tment of Human
96	96	Services, designated by the Director of Human
97	97	Services,
98	98	e. one member who shall be a licensed general
99	99	practitioner of the medical profession ,
100	100	f. one member who shall be a general practitione r of the
101	101	osteopathic profession,
102	102	g. one member who shall be a registered pharmacist,
103	103	h. one member who shall be a licensed registered nurse,
104	104	i. one member who shall be a licensed practical nurse,
105	105	j. three members who shall be of reputable and
106	106	responsible character and sound physical and mental
107	107	health and shall be operator-administrators of nursing
108	108	homes which have current licenses issued pursuant to
109	109	the Nursing Home Care Act and who shall have had five
110	110	(5) years' experience in the nursing home profession
111	111	as operator-administrators,
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138	138	k. three members who shal l be residential care home
139	139	operator-administrators licensed pursuant to the
140	140	provisions of the Residential Care Act,
141	141	l. three members who shall be adult day care facility
142	142	owner-operators licensed pursuant t o the provisions of
143	143	the Adult Day Care Act,
144	144	m. three members who shall be continuum of care facility
145	145	or assisted living center owner -operators licensed
146	146	pursuant to the provisions of the Continuum of Care
147	147	and Assisted Living Act, and
148	148	n. six members who shal l be over the age of sixty-five
149	149	(65) who shall represent the general public;
150	150	2. The designated representative from the Office of the State
151	151	Fire Marshal, the designated representative from the Department of
152	152	Mental Health and Substance Abuse Services, the d esignated
153	153	representative from the Department of Hum an Services, and the
154	154	designated representative from the State Department of Health shall
155	155	serve at the pleasure of their designators;
156	156	3. The initial appoin tments of the Governor shall be for the
157	157	following terms:
158	158	a. the initial term of the member of the med ical
159	159	profession shall be for a three-year term,
160	160	b. the initial term of the member of the osteopathic
161	161	profession shall be for a three -year term,
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188	188	c. the initial term of the registered pharmacist shall be
189	189	for a two-year term,
190	190	d. the initial term of the licens ed registered nurse
191	191	shall be for a two-year term,
192	192	e. the initial term of the licensed practical nurse shall
193	193	be for a one-year term,
194	194	f. of the initial terms for the twelve members who are
195	195	licensed operator-administrators for facilities
196	196	pursuant to the Nursi ng Home Care Act, residential
197	197	care homes pursuant to the Residential Care Act, adult
198	198	day care facilities pursuant to the Adult Day Care
199	199	Act, and continuum of care facilities and assisted
200	200	living centers pursuant to the Continuum of Care and
201	201	Assisted Living Act, four shall be for one-year terms,
202	202	four shall be for two -year terms, and four shall be
203	203	for three-year terms; provided that representatives
204	204	for each of the terms shall include one individual
205	205	representing facilities subject to the provisions of
206	206	the Nursing Home Care Act, one individual representing
207	207	residential care homes subject to the Residential Care
208	208	Act, one individual representing facilities subject to
209	209	the provisions of the Adult Day Care Act, and one
210	210	individual representing continuum of care faciliti es
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237	237	and assisted living centers subject to the provisions
238	238	of the Continuum of Care and Assisted Living Act, and
239	239	g. the initial terms for the six members of the general
240	240	public over the age of sixty -five (65) shall be for
241	241	one-, two-, three-, four-, five- and six-year terms
242	242	respectively; and
243	243	4. After the initial designations or appointments, the
244	244	designated representative from the Office of the State Fire Marsha l,
245	245	the designated representative of the Oklahoma H ealth Care Authority,
246	246	the designated representative of the Department of Human Services
247	247	and the designated representative of the Department of Mental Health
248	248	and Substance Abuse Services shall each serve at the pleasure of
249	249	their designators. All other term s shall be for a three-year
250	250	period. In case of a v acancy, the Governor shall appoint
251	251	individuals to fill the remainder of the term.
252	252	B. The State Department of Health shall provide a clerical
253	253	staff worker to perform designated duties of the Advisory Board .
254	254	The Department shall also provide space for meet ings of the Advisory
255	255	Board.
256	256	C. The Advisory Board shall annually elect a chair, vice -chair
257	257	and secretary-treasurer, shall meet at least quarterly, and may hold
258	258	such special meetings as may be necessary. The members of the
259	259	Advisory Board shall be reimburs ed as provided for by the State
260	260	Travel Reimbursement Act.
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287	287	D. The Advisory Board shall have the power and duty to:
288	288	1. Serve as an advisory body to the Dep artment for the
289	289	development and improvement of ser vices to and care and treatment of
290	290	residents of facilities subject to the provisions of the Nursing
291	291	Home Care Act, homes subject to the provisions of the Residential
292	292	Care Act and facilities subject to the p rovisions of the Adult Day
293	293	Care Act;
294	294	2. Review, make recommendations regarding, and approve in its
295	295	advisory capacity the system of standards developed by the
296	296	Department;
297	297	3. Evaluate and review the standards, practices, and procedures
298	298	of the Department re garding the administration and enforcement of
299	299	the provisions of the Nursing Home Care Act, the Reside ntial Care
300	300	Act and the Adult Day Care Act, and the quality of services and care
301	301	and treatment provided to residents of facilities and residential
302	302	care homes and participants in adult day care centers. The Board
303	303	may make recommendations to the Department a s necessary and
304	304	appropriate;
305	305	4. Evaluate and review financial accountability standards,
306	306	policies and practices of residential care facilities regarding
307	307	residents' funds for which the facility is the payee , and evaluate
308	308	and review expenditures made on beha lf of the resident by the
309	309	facility to ensure that such funds are managed appropriately and in
310	310	the best interests of the resident; and
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337	337	5. Publish and distr ibute an annual report of its activities
338	338	and any recommendations for the improvement of services and care and
339	339	treatment to residents of facilities and residential care homes and
340	340	participants in adult day care centers on or before January 1 of
341	341	each year to the Governor, the State Commissioner of Health, th e
342	342	State Board of Health, the Speaker of the House o f Representatives,
343	343	the President Pro Tempore of the Senate, and the chief
344	344	administrative officer of each agency affected by the report.
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346	346	59-1-6000 LRB 01/09/23

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2817 Compare Versions