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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2817 By: Kendrix
AS INTRODUCED
An Act relating to sunset; amending 63 O.S. 2021,
Section 1-1923, which relates to the Long-Term Care
Facility Advisory Board ; re-creating the Board; and
modifying termination date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1923, is
amended to read as follows:
Section 1-1923. A. There is hereby re-created, to continue
until July 1, 2023 2029, in accordance with the provisions of the
Oklahoma Sunset Law, a Long -Term Care Facility Advisory Board which
shall be composed as follows:
1. The Governor shall appoint a twenty -seven-member Long-Term
Care Facility Advisory Board which sh all advise the State
Commissioner of Health. The Advisory Board shall be comprised of
the following persons:
a. one representative from the Office of the State Fire
Marshal, designated by the State Fire M arshal,
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b. one representative from the Oklahoma Hea lth Care
Authority, designated by the Administrator,
c. one representative from the Department of Mental
Health and Substance Abuse Services, designated by the
Commissioner of Mental Health and Substance A buse
Services,
d. one representative from the Depar tment of Human
Services, designated by the Director of Human
Services,
e. one member who shall be a licensed general
practitioner of the medical profession ,
f. one member who shall be a general practitione r of the
osteopathic profession,
g. one member who shall be a registered pharmacist,
h. one member who shall be a licensed registered nurse,
i. one member who shall be a licensed practical nurse,
j. three members who shall be of reputable and
responsible character and sound physical and mental
health and shall be operator-administrators of nursing
homes which have current licenses issued pursuant to
the Nursing Home Care Act and who shall have had five
(5) years' experience in the nursing home profession
as operator-administrators,
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k. three members who shal l be residential care home
operator-administrators licensed pursuant to the
provisions of the Residential Care Act,
l. three members who shall be adult day care facility
owner-operators licensed pursuant t o the provisions of
the Adult Day Care Act,
m. three members who shall be continuum of care facility
or assisted living center owner -operators licensed
pursuant to the provisions of the Continuum of Care
and Assisted Living Act, and
n. six members who shal l be over the age of sixty-five
(65) who shall represent the general public;
2. The designated representative from the Office of the State
Fire Marshal, the designated representative from the Department of
Mental Health and Substance Abuse Services, the d esignated
representative from the Department of Hum an Services, and the
designated representative from the State Department of Health shall
serve at the pleasure of their designators;
3. The initial appoin tments of the Governor shall be for the
following terms:
a. the initial term of the member of the med ical
profession shall be for a three-year term,
b. the initial term of the member of the osteopathic
profession shall be for a three -year term,
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c. the initial term of the registered pharmacist shall be
for a two-year term,
d. the initial term of the licens ed registered nurse
shall be for a two-year term,
e. the initial term of the licensed practical nurse shall
be for a one-year term,
f. of the initial terms for the twelve members who are
licensed operator-administrators for facilities
pursuant to the Nursi ng Home Care Act, residential
care homes pursuant to the Residential Care Act, adult
day care facilities pursuant to the Adult Day Care
Act, and continuum of care facilities and assisted
living centers pursuant to the Continuum of Care and
Assisted Living Act, four shall be for one-year terms,
four shall be for two -year terms, and four shall be
for three-year terms; provided that representatives
for each of the terms shall include one individual
representing facilities subject to the provisions of
the Nursing Home Care Act, one individual representing
residential care homes subject to the Residential Care
Act, one individual representing facilities subject to
the provisions of the Adult Day Care Act, and one
individual representing continuum of care faciliti es
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and assisted living centers subject to the provisions
of the Continuum of Care and Assisted Living Act, and
g. the initial terms for the six members of the general
public over the age of sixty -five (65) shall be for
one-, two-, three-, four-, five- and six-year terms
respectively; and
4. After the initial designations or appointments, the
designated representative from the Office of the State Fire Marsha l,
the designated representative of the Oklahoma H ealth Care Authority,
the designated representative of the Department of Human Services
and the designated representative of the Department of Mental Health
and Substance Abuse Services shall each serve at the pleasure of
their designators. All other term s shall be for a three-year
period. In case of a v acancy, the Governor shall appoint
individuals to fill the remainder of the term.
B. The State Department of Health shall provide a clerical
staff worker to perform designated duties of the Advisory Board .
The Department shall also provide space for meet ings of the Advisory
Board.
C. The Advisory Board shall annually elect a chair, vice -chair
and secretary-treasurer, shall meet at least quarterly, and may hold
such special meetings as may be necessary. The members of the
Advisory Board shall be reimburs ed as provided for by the State
Travel Reimbursement Act.
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D. The Advisory Board shall have the power and duty to:
1. Serve as an advisory body to the Dep artment for the
development and improvement of ser vices to and care and treatment of
residents of facilities subject to the provisions of the Nursing
Home Care Act, homes subject to the provisions of the Residential
Care Act and facilities subject to the p rovisions of the Adult Day
Care Act;
2. Review, make recommendations regarding, and approve in its
advisory capacity the system of standards developed by the
Department;
3. Evaluate and review the standards, practices, and procedures
of the Department re garding the administration and enforcement of
the provisions of the Nursing Home Care Act, the Reside ntial Care
Act and the Adult Day Care Act, and the quality of services and care
and treatment provided to residents of facilities and residential
care homes and participants in adult day care centers. The Board
may make recommendations to the Department a s necessary and
appropriate;
4. Evaluate and review financial accountability standards,
policies and practices of residential care facilities regarding
residents' funds for which the facility is the payee , and evaluate
and review expenditures made on beha lf of the resident by the
facility to ensure that such funds are managed appropriately and in
the best interests of the resident; and
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5. Publish and distr ibute an annual report of its activities
and any recommendations for the improvement of services and care and
treatment to residents of facilities and residential care homes and
participants in adult day care centers on or before January 1 of
each year to the Governor, the State Commissioner of Health, th e
State Board of Health, the Speaker of the House o f Representatives,
the President Pro Tempore of the Senate, and the chief
administrative officer of each agency affected by the report.
59-1-6000 LRB 01/09/23