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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2824 By: Kendrix of the House
and
Bergstrom of the Senate
COMMITTEE SUBSTITUTE
An Act relating to long-term care; directing transfer
of employees, powers, dutie s, monies and contractual
rights from the Oklahoma State Board of Examiners for
Long-Term Care Administrators to the State Department
of Health; requiring the Director of the Office of
Management and Enterprise Services to coordinate
certain transfers; directing transfer of certain
administrative rules from the Board to the State
Commissioner of Health; abolishing the Board upon
completion of transfers; amending 63 O.S. 2021,
Section 1-1923, which relates to the Long-Term Care
Facility Advisory Board; extending termination date;
changing name; decreasing and modifying membership;
removing certain duty of the Department; modifying
and adding powers and duties of the Long-Term Care
Advisory Council; requiring certain recusal; amending
63 O.S. 2021, Section 330.51, which relates to
definitions; removing and adding definitions;
amending 63 O.S. 2021, Section 330.53, which relates
to licensure of long -term care administrators;
transferring duties to the Department and the
Commissioner; requiring input of the Advisory
Council; modifying applicability of certain
provisions; requiring and authorizing certain fees;
directing deposit of fees; requiring the Commission er
to determine certain qualifica tions; prohibiting
certain unlicensed activity; amending 63 O.S. 20 21,
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Section 330.58, which relates to duties; transferring
duties to the Department and the Commissioner;
requiring input of the Advisory Council; adding and
removing certain dut ies; amending 63 O.S. 2021,
Section 330.62, which relates to the Oklahoma State
Board of Examiners for Long-Term Care Administrators
Revolving Fund; renaming and transferring fund;
amending 63 O.S. 2021, Section 330.64, which relates
to complaints; providing complaint procedures;
transferring duties to the Department and the
Commissioner; requiring input of the Advisory
Council; requiring certain notice; prohibiting
adverse action by the Department except under certain
conditions; requiring the Advisory Council to revi ew
complaints; authorizing certain investigation and
interviews; directing certain recommendation;
requiring certain vote; authorizing the Department to
order summary suspension under certain conditions;
requiring certain notice; granting certain right to
suspended licensee; providing for confidentiality;
excluding certain inf ormation from specified
definition and certain proceedings; authorizing
certain disclosures; authorizing informal resolution
process; providing for certain appeals; directing
promulgation of rules; renumbering 63 O.S. 20 21,
Sections 330.51, 330.53, 330.58, 330.62, and 330.64,
as amended by Sections 3, 4, 5, 6, and 7 of this act,
which relate to the Oklahoma State Board of Examiners
for Long-Term Care Administrators; repealing 63 O.S.
2021, Sections 330.52, 330.54, 330.56, 330.57,
330.59, 330.60, 330.61 and 330.65, which relate to
the Oklahoma State Board of Examiners for Long -Term
Care Administrators; providing for codification;
providing for recodificati on; 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 330.66 of Title 63, unless there
is created a duplication in numbering, reads as follows:
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A. On the effective date of this act, all employees, powers,
duties, functions and responsibilities of the Oklahoma State Board
of Examiners for Long -Term Care Administrators shall be transferred
to the State Department of Health. The transfer shall include all
equipment, supplies, records, assets, current and future
liabilities, fund balances, encumbrances, obligations and
indebtedness associated with the Oklahoma State Board of Examiners
for Long-Term Care Administrators.
B. Any monies accruing to or in the name of the Oklahoma State
Board of Examiners f or Long-Term Care Administrators on and after
the effective date of this act, or any monies that accrue in any
funds or accounts or are maintained for the benefit of the Oklahoma
State Board of Examiners for Long-Term Care Administrators on and
after the effective date of this act shall be transferred to the
State Department of Health.
C. The State Department of Health shall succeed to any
contractual rights and responsibilities incurr ed by the Oklahoma
State Board of Examiners for Long -Term Care Administrators.
D. The Director of the Office of Management and Enterprise
Services is hereby directed to coordinate the transfer of funds,
allotments, purchase orders and outstanding financia l obligations or
encumbrances as provided for in this section.
E. On the effective date of this act, all administrative rules
promulgated by the Oklahoma State Board of Examiners for Long -Term
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Care Administrators shall be transferred to and become a part of the
administrative rules of the State Department of Health. The Offi ce
of Administrative Rules in the Secretary of State ’s office shall
provide adequate notice in the Oklahoma Register of the transfer of
such rules and shall place the transferred rules under the
Administrative Code section of the State Department of Health . Such
rules shall continue in force and effect as rules of the State
Department of Health from and after the effective date of this act,
and any amendment, repeal or addition to the transferred rules shall
be under the jurisdiction of the State Commissio ner of Health.
F. The state agency known as the Oklahoma State Board of
Examiners for Long-Term Care Administrators shall be abolished after
all the transfers described in this sectio n have been completed.
SECTION 2. AMENDATORY 6 3 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 July 1, 2025, in accordance with the provisi ons
of the Oklahoma Sunset Law, a Long -Term Care Facility Advisory Board
Council of fifteen (15) members, each of whom shall serve at the
pleasure of the member’s appointing authority, which shall be
composed as follows:
1. The Governor shall appoint a twenty-seven-member Long-Term
Care Facility Advisory Board which shall adv ise the State
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Commissioner of Health. The Advisory Board shall be comprised of
the following persons:
a. one representative from the Office of the Sta te Fire
Marshal, designated by the State Fire Marshal,
b. one representative from the Oklahoma Health Car e
Authority, designated by the Administrator,
c. one representative from the Department of Mental
Health and Substance Abuse Services, designated by th e
Commissioner of Mental Health and Substance Abuse
Services,
d. one representative from the Department o f 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 practitioner of the
osteopathic profession,
g. one member who shall b e 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 r eputable and
responsible character and sound physical and mental
health and shall be operator-administrators of nursing
homes which have current licenses issued pursuant to
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the Nursing Home Care Act and who shall have had five
(5) years’ experience in the nursing home profession
as operator-administrators,
k. three members who shall be re sidential care home
operator-administrators licensed pursuant to the
provisions of the Residential Care Act,
l. three members who shall be adult day ca re facility
owner-operators licensed pursuant to 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, a nd
n. six members who shall be over the age of sixty -five
(65) who shall represent t he general public;
2. The designated representative from the Office of the State
Fire Marshal, the designated representative from the Department of
Mental Health and Subst ance Abuse Services, the designated
representative from the Department of Human Serv ices, and the
designated representative from the State Department of Health shall
serve at the pleasure of their designators;
3. The initial appointme nts of the Governor s hall be for the
following terms:
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a. the initial term of the member of the medical
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,
c. the initial term of the register ed pharmacist shall be
for a two-year term,
d. the initial term of the licensed regi stered 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 fo r the twelve members who are
licensed operator-administrators for facilities
pursuant to the Nursing 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 a ssisted
living centers pursuant to the Continuum of Care and
Assisted Living Act, fo ur 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
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Act, one individual representing facilities subject to
the provisions of the Adult Day Care Act, and one
individual representing continuum of care facilities
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 Marshal,
the designated repres entative of the Oklahoma Health 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 terms shall be for a three -year
period. In case of a vacancy, the Governor shall appoint
individuals to fill the remainder of the term
The State Long-Term Care Ombudsman or designee. Such designee
must be a current employee of the Department of Human Services;
2. One medical doctor or doctor of osteopathy who prac tices in
general practice or who specializes in geriatrics, appointed by the
Governor;
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3. One pharmacist who works in a long -term care facility or in
the long-term care industry, appo inted by the Governor;
4. One Registered Nurse, appointed by the President Pro Tempore
of the Oklahoma State Senate;
5. One Licensed Practical Nurse , appointed by the Speake r of
the Oklahoma House of Representatives;
6. Three representatives of nursing facilities, each of whom
shall be an executive, owner -operator or administrator of the
facility and shall have not less than three (3) years of experience
as an executive, owner -operator, or administrator of one or more
nursing facilities. One of the representatives shall be appointed
by the President Pro Tempore of the Senat e, one shall be appointed
by the Speaker of the House of Representatives , and one shall be
appointed by the Gove rnor;
7. Two individuals, one appointe d by the President Pro Tempore
of the Senate and one appointed by the Speaker of the House , both of
whom shall be an executive, owner-operator, or administrator of an
assisted living center or continuum of care facili ty and shall have
not less than three (3) years of experience as an exec utive, owner-
operator, or administrator of one or more assisted living c enters or
continuum of care facilities;
8. One representative of an adult day care center or
residential care home, appointed by the Governor, who sha ll be an
executive, owner-operator, or administrator of the center or home
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and shall have not less than three (3) years of experience as an
executive, owner-operator, or administrator of one or more adult day
care centers or residential care homes ;
9. One representative of an intermediate care facility for
individuals with intellectual disabilities (ICF/IID) , appointed by
the President Pro Tempore of the Senate, who shall be an executive,
owner-operator, or administrator of the ICF/IID and shall have not
less than three (3) years of experience as an executive, owner-
operator, or administrator of one or more I CFs/IID;
10. One representative of a veterans c enter operated by the
state, appointed by the Speaker of the House , who shall be an
administrator of the center and shall have not less than three (3)
years of experience as an administrator of one or more ve terans
centers operated by the state; and
11. Two members of the general public, both appointed by the
Governor, at least one of whom shall be sixty -five (65) years of age
or older. Neither such member shall be a current or former employee
of the State Department of Health or the Department of Human
Services, be currently registered as a lobbyist , or be affiliated
with any organization that represents the long-term care industry or
advocates for senior citizens.
B. The State Department of Health shall pr ovide a clerical
staff worker to perform designa ted duties of the Advisory Board.
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The Department shall also provide space for meetings of the Advisory
Board Council.
C. The Advisory Board Council shall annually elect a chair,
vice-chair and secretary-treasurer, shall meet at least quarterly
monthly, and may hold such special meetings as may be necessary.
The members of the Advisory Board Council shall be reimbursed as
provided for by the State Travel Reimbursement Act.
D. The Advisory Board Council shall have the power and duty to:
1. Serve as an advisory body to the Department for the
development and improvement of services to and care and treatment of
residents of facilities subje ct to the provisions of the Nursing
Home Care Act, homes subject to the provisions of the Residential
Care Act and facilities subject to the provisions 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 regarding the administration and enforcement of
the provisions of the Nursing Home Care Act, the Residential 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
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Advisory Council may make recommendations to the Departme nt as
necessary and appropriate;
4. Evaluate and review financial accou ntability standards,
policies and practices o f residential care long-term care facilities
regarding residents’ funds for which the facility is the paye e, and
evaluate and review expend itures made on behalf of the resident by
the facility to ensure that suc h funds are managed appropriately and
in the best interests of the resident ; and
5. Publish and distribute an annual report of its activities
and any recommendations for the improveme nt of services and care and
treatment to residents of facilities and res idential 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, t he
State Board of Health, the Spe aker of the House of Representatives,
the President Pro Tempore of the S enate, and the chief
administrative officer o f each agency affected by the report ; and
6. Perform the duties prescribed by Sections 4, 5, 6, and 7 of
this act.
E. Any member of the A dvisory Council shall recuse himself or
herself from voting on any matte r that originated from or involves
an entity with which the Advisory Council member is affiliated or
has a direct financial interest .
SECTION 3. AMENDATORY 63 O.S. 2021, Section 330.51, is
amended to read as follows:
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Section 330.51 For the purposes of Section 330.51 et seq. o f
this title, and as used herein :
1. "Board" means the Oklahoma State Board of Examiners for
Long-Term Care Administrators "Advisory Council" means the Long-Term
Care Advisory Council;
2. "Long-term care administrator" means a person licensed or
certified as a nursing facility administrator, an assisted living
facility administrator, a residential care fac ility administrator,
or an adult day care center administrator pursuant to Section 330.51
et seq. of this title. A long-term care administrator must de vote
at least one-half (1/2) of such person’s working time to on -the-job
supervision of a long -term care facility; provided that this
requirement shall not apply to an administrator of an interme diate
care facility for individuals with intellectual disabil ities with
sixteen or fewer beds (ICF/IID -16), in which case the person
licensed by the state may be in charge of more than one ICF/IID -16,
if such facilities are located within a circle that has a radius of
not more than fifteen (15) miles, and the total number of facilities
and beds does not exceed six facilities and sixty -four beds. The
facilities may be free-standing in a community or may be on campus
with a parent institution. The ICF/IID -16 may be independently
owned and operated or may be part of a larger institutional
ownership and operation;
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3. "Nursing facility administrator " means a person licen sed by
the State of Oklahoma to p erform the duties of an administrator
serving in a skilled nursing or nursing or ICF/IID facility;
4. "Assisted living facility administrator " means a person
licensed or certified by the State of Oklahoma to perform the du ties
of an administrator serving in an assisted living facility;
5. "Residential care facility administr ator" means a person
licensed or certified by the State of Oklahoma to perform the duties
of an administrator serving in a residential care facility;
6. "Adult day care center adminis trator" means a person
licensed or certified by the State of Oklahoma to perform the duties
of an administrator serving in an adult day care center; and
7. "Nursing home", "rest home" and "specialized home" shall
have the same meaning as the term "nursing facility" as such term is
defined in the Nursing Home Care Act; "assisted living center" and
"continuum of care facility" shall have the same meaning as such
terms are defined in the Continuum of Care and Assisted Living A ct;
"home" and "residential care home" shall have the same meaning as
the terms are used in the Residenti al Care Act; and "adult day care
center" and "center" shall have the same meaning as such terms are
used in the Adult Day Care Act.
SECTION 4. AMENDATORY 63 O .S. 2021, Section 330.53, is
amended to read as follows:
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Section 330.53 A. The Oklahoma State Board of Examiners for
Long-Term Care Administrators State Department of Health, with the
input and assistance of the Long -Term Care Advisory Council, shall
have authority to issue licenses or certifications to qualified
persons as long-term care administrators, and shall establish
qualification criteria for each type of long -term care
administrator.
B. No license or certificatio n shall be issued to a person as a
long-term care administrator unless:
1. The person shall have submitt ed evidence satisfactory to the
Board Department that the person is:
a. not less than twenty -one (21) years of age, and
b. of reputable and responsible character; and
2. The person shall have submitted evidence satisfactory to the
Board Department of the person’s ability to supervise the defined
facility type in which he or she is licensed or certified to serve
as a long-term care administrator.
C. All persons currently licensed or ce rtified or lawfully
serving as an administrator in their defined facilit y type shall be
permitted to continue to serve in their current capacity under their
current terms of authorization. The Board State Commissioner of
Health may promulgate rules pursuant to Section 330.57 of this title
to address future certification and licensure requirements for all
long-term care administrator types without effect on the licensure
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or certification status of those currently certified o r licensed.
The Board Commissioner shall not include a requirement for a four -
year degree in any future licensing or certification requirements
for assisted living, residential care or adult day care
administrators. Until such rules are promulgated, curr ent licensure
and certification processes and standards shall remain in place
long-term care administrato rs.
D. The Oklahoma State Board of Examiners for Long-Term Care
Administrators shall, on or before July 1, 2017, promulgate rules
permitting eligible applicants to Eligible applicants may sit for
the state standards examination at a testing facility using
procedures approved by the National Associati on of Long-Term Care
Administrator Board, Boards including, but not limited to, the use
of electronic or online methods for examination.
E. The Oklahoma State Board of Examiners for Long -Term Care
Administrators shall promulgate rules to implement the pro visions of
this section
1. Each person licensed or certified as a long -term care
administrator under the provisions of this act shall pay an annual
license or certification fee which shall be deposited in the Long-
Term Care Revolving Fund created in Section 6 of this act. Such fee
shall be determined by the Commissioner with the input of the
Advisory Council. Each such license or certific ation shall expire
on the 31st day of December following its issuance, a nd shall be
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renewable for a calendar year, upo n meeting the renewal requirements
and upon payment of the annual license fee.
2. In addition to licensure and certification fees , the
Commissioner may, with the input of the Advisory Council, impose
fees for training and education programs approved by th e Department.
3. All revenues collected as a result of fees authorized in
this section and imposed by th e Commissioner shall be deposited into
the Long-Term Care Revolving Fund created in Section 6 of this act.
F. The Commissioner, with the input and ass istance of the
Advisory Council, shall have sole and exclusive authority to
determine the qualifications, skill, and fitness of any person to
serve as a long-term care administrator under the applicable
provisions of the Nursing Home Care Act, the Continuu m of Care and
Assisted Living Act, the Residential Care Act, and the Adult Day
Care Act. The Commissioner shall, with the input and assis tance of
the Advisory Council, promulgate rules to determine the
qualifications for licensure or certification for the long-term care
administrator categories as defined in Section 330.51 of this title .
Such rules may include a requirement for licensure i nstead of
certification for certain long -term care administrator categories.
G. It shall be unlawful for any person t o act or serve in the
capacity as a long-term care administrator unless the person is the
holder of a license or certification as a long -term care
administrator, issued in accordance with the provisions of this act.
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A person found guilty of a violation of this subsection shall, upon
conviction, be guilty of a misdemeanor .
SECTION 5. AMENDATORY 63 O.S. 20 21, Section 330.58, is
amended to read as follows:
Section 330.58 The Oklahoma State Board of Examiners for Long-
Term Care Administrators shall State Department of Health or, as
appropriate, the State Commissioner of Health shall, with the input
and assistance of th e Long-Term Care Advisory Council:
1. Develop and apply sta ndards for approval of training and
education programs fo r long-term care administrators that meet the
accreditation standards of the National Association of Long-Term
Care Administrator Boards ;
2. Develop, impose, and enforce standards which must be met by
individuals in order to receive a license or certifica tion as a
long-term care administrator, which standards shall be designed to
ensure that long-term care administrators will be individuals who
are of good character and are otherwise suitable, and wh o, by
training or experience in the field of institutiona l administration,
are qualified to serve as long -term care administrators;
2. 3. Develop and apply approp riate techniques, including
examinations and investigations, for determining whether an
individual meets such standards;
3. 4. Issue licenses or cert ifications to individuals
determined, after the application of such techniques, to meet such
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standards. The Board Department may, with the input and assistance
of the Advisory Council, deny an initial application, deny a renewal
application, and revoke or suspend licenses or certifications
previously issued by the Board Department in any case where the
individual holding any such license or certification is determined
substantially to have failed to conform to the requirements of such
standards. The Board Department may, with the input and assistance
of the Advisory Council, also warn, censure, impose adminis trative
fines or use other remedi es that may be considered to be less than
revocation and suspension. Ad ministrative fines imposed pursuant to
this section shall not exceed One Thousand Dollars ($1,000.00) per
violation. The Board Department shall, with the input and
assistance of the Advisory Council, consider the scope, severity and
repetition of the viol ation and any additional factors deemed
appropriate by the Board Department when issuing a fine;
4. 5. Establish and carry out procedures designed to ensure
that individuals licensed or certified as long-term care
administrators will, during any period th at they serve as such,
comply with the requir ements of such standards;
5. 6. Receive, investigate , and take appropriate action with
respect to any charge or complaint filed with the Board Department
to the effect that any individual licensed as a long -term care
administrator has failed to comply wit h the requirements of such
standards. The long -term care ombudsman pro gram of the Aging
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Services Division of the Department of Human Servi ces shall be
notified of all complaint investigations of the Board Department so
that they may be present at any such complaint investigation for the
purpose of representing long -term care facility consumers;
6. 7. Receive and take appropriate action on a ny complaint or
referral received by the Board Department from the Department of
Human Services or any other regulato ry agency. Complaints may also
be generated by the Board or staff Department. A complaint shall
not be published on the web site website of the Oklahoma State Board
of Examiners for Long -Term Care Administrato rs Department unless
there is a finding by the Board Department that the complaint has
merit. The Board State Commissioner of Health shall, with the input
and assistance of the Adviso ry Council, promulgate rules that
include, but are not limited to, provi sions for:
a. establishing a complaint review process ,
b. creating a formal complaint file, and
c. establishing a protocol f or investigation of
complaints
as provided by Section 330.64 of this title;
7. 8. Enforce the provisions of Sections 330.51 through 330.65
of this title Section 330.51 et seq. against all persons who are in
violation thereof including, but not limited to, individuals who are
practicing or attempting to practice as long-term care
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administrators without proper authorization from the Board
Department;
8. 9. Conduct a continuing study and investigation of long -term
care facilities and administrators of long -term care facilities
within the state with a view toward the improvement of the standards
imposed for the licensing or certifying of such administrators and
of procedures and methods for the enforcement of such standards with
respect to administrators of long -term care facilities who have been
licensed or certified;
9. 10. Cooperate with and provide assistance when necessary to
state regulatory agencies in investigations of complaints;
10. 11. Develop a code of ethics for long -term care
administrators which includes, but is not limi ted to, a statement
that administrators have a fiduciary duty to the facility and cannot
serve as guardian of the person or of the estate, or hold a durable
power of attorney or power of attorney for any resident of a
facility of which they are an administ rator;
11. 12. Report a final adverse action against a long-term care
administrator to the Healthcare In tegrity and Protection Data Bank
pursuant to federal regulatory requirements;
12. 13. Refer completed investigations to the proper law
enforcement authorities for prosecution of crimi nal activities;
13. 14. Impose administrative fines, in an amount to be
determined by the Board Commissioner, against persons who do not
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comply with the provisions of this act Section 350.51, et seq. of
this title or the rules adopted by the Board Commissioner.
Administrative fines imposed pursuant to this section shall not
exceed One Thousand Dollars ($1,000.00) per violation. The Board
Department shall, with the input and assistance of the Advisory
Council, consider the scope, severity and repetition o f the
violation and any additional factors deemed appropriate by the Board
Department when issuing a fine;
14. 15. Assess the costs of the hearing process, including
attorney fees;
15. 16. Grant short-term provisional lic enses to individuals
who do not meet all of the licensing requirements , provided the
individual obtains t he services of a currently licensed
administrator to act as a consu ltant and meets any addi tional
criteria for a provi sional license established by the Board
Commissioner;
16. Order a summary suspension of an administrator’s license or
certification or an Administrator in Training (AIT) permit, if, in
the course of an investigation, it is deter mined that a licensee,
certificate holder or AIT candidate f or licensure has engaged in
conduct of a nature that is detrimental to the health, safety or
welfare of the public, and which conduct necessitates immediate
action to prevent further harm; and
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17. Promulgate rules governing the employment of assistant
administrators for nursing and skill ed nursing facilities including,
but not limited to, minimum qualificati ons.
SECTION 6. AMENDATORY 63 O.S. 20 21, Section 330.62, is
amended to read as follows:
Section 330.62 There is hereby creat ed in the State Treasury a
revolving fund for the Oklahoma State Board of Examiners for Long -
Term Care Administrators State Department of Health to be designated
the "Oklahoma State Board of Examiners for Long-Term Care
Administrators Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
such sources of income as are provided by law. All monies accruing
to the credit of said the fund are hereby appropriated and may be
budgeted and expended by th e Oklahoma State Board of Examine rs for
Long-Term Care Administrators Department to carry out the duties
established by law this act. Expenditures from said the fund shall
be made upon warrants issued by the State Treasur er against claims
filed as prescribed by law with the Director of t he Office of
Management and Enterprise Services for approval and payment .
SECTION 7. AMENDATORY 63 O.S. 20 21, Section 330.64, is
amended to read as follows:
Section 330.64 A. Any person or agency may submit to the State
Department of Health a complaint against a long -term care
administrator. Compla ints may also be generated by the Department.
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Each investigation of a complaint received by the Oklahoma State
Board of Examiners for Long -Term Care Administrators Department
shall be initiated within ninety (90) days from the date the
complaint is received by the Board Department. Each complaint
investigation shall b e completed within twelve (12) months of
initiation. The time period may be extended by the Board Department
for good cause. When the Department completes an investigation, the
Department shall immediately notify the Advisory Council and shall
share the investigative file with the Advisory Council .
B. Effective May 13, 2005, the Board The Department shall, with
the input and assistance of the Advisory Council, create and
maintain a registry of all complaints or referrals, found by the
Board Department to have merit, complaining of acts or omissions of
licensed administrators. The registr y shall be maintained in both
electronic and paper formats and shall be available for inspection
by the public. Such registry shall be organized both in
chronological order by the date of the complaint and by the name of
the licensed administrator. The r egistry shall contain information
about the nature of the complaint and the action, if any, taken by
the Board Department. The registry shall also co ntain the number of
complaints made against an individual administrator .
C. The Department shall not take any adverse action against an
administrator for a violation of this act or the rules promulgated
by the State Commissioner of Health before the Advisory Council has
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issued a recommendation to the Department regarding the complaint
and before the Departmen t has taken such recommendation i nto
consideration, except:
1. As provided by subsection E of this section, or
2. If the Advisory Council does not issue a recommendatio n
within forty-five (45) calendar days following the date the
investigation is complet ed.
D. The Advisory Council shall review the complaint and the
investigative materials provided by the D epartment, may cause the
allegations to be investigated, and may interview witnesses
including but not limited to the administrator who is the subject of
the complaint. The Advisory Council shall make a recommendation to
the Department to set the case for hearing, or for dismissal or
other action including but not limited to informal resolution. Any
recommendation of the Advisory Council to the Department under this
subsection shall be voted upon by a quorum of the Advisory Council
in an open meeting.
E. Notwithstanding any other provision of this section, the
Department may order a summary suspension of an administrator’s
license or certification or a n Administrator in Training (AIT)
permit if, in the course of an investigation, it is determined th at
a licensee, certificate holder or AIT candidate for licensure has
engaged in conduct of a nature that is detrimental to the health,
safety or welfare of t he public, and which conduct nece ssitates
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immediate action to prevent further harm . The Department shall
immediately notify the licensee, certificate holder , or AIT
candidate upon issuance of the order. The licensee, certificate
holder, or AIT candidate shall have the right to contest the order
at a hearing as provided by subsection H of this section.
F. To ensure the confidentiality of an investigative file
obtained during the investigation, the information in the
investigative file shall not be deemed to be a record as that term
is defined in the Oklahoma Open Records Act nor shall the
information be subject to subpoena or discovery in any civil or
criminal proceeding, except that the Department may give the
information to law enforcement and other stat e licensing agencies as
necessary and appropriate in the discharge of the duties of that
agency and only under circumstances that will ensure against
unauthorized access to the information. The respondent may acquire
information obtained during an investi gation, unless the disclosure
of the information is otherwise prohibited, except for the
investigative report, if the respondent signs a protective order
whereby the respondent agrees to use the information solely for the
purpose of defense in the proceedi ngs of the Department or the
Advisory Council and in any appeal therefrom and agrees not to
otherwise disclose the information.
G. The Department may give the respondent an opportunity to
participate in an informal resolution of the case. Discussions to
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resolve the case without a hearin g shall be conducted in
consultation with the Advisory Council.
H. If the case is not resolved, the respondent shall be
afforded notice and a hearing in accordance with the provisions of
Article II of the Administrative Pr ocedures Act. The Advisory
Council may assist and advise the Department in all hearings and may
recommend to the Department disciplinary action against the
respondent. Any party aggrieved by a decision of the Department
following a hearing may appeal dir ectly to district court under
Section 318 of Title 75 of the Oklahoma Statutes .
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1923F of Title 63, unless
there is created a duplication in numbering, reads as follows:
The State Commissioner of Health shall promulgate rules to
implement the provisions of this act.
SECTION 9. RECODIFICATION 63 O.S. 2021, Section 330.51,
as amended by Section 3 of this act, shall be rec odified as Section
1-1923A of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 10. RECODIFICATION 63 O.S. 2021, Section 330.53,
as amended by Section 4 of this act, shall be recodified as Section
1-1923B of Title 63 of t he Oklahoma Statutes, unless there is
created a duplication in nu mbering.
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SECTION 11. RECODIFICATION 63 O.S. 2021, Section 330.58,
as amended by Section 5 of this act, shall be recodified as Section
1-1923C of Title 63 of the Oklahom a Statutes, unless there is
created a duplication in numbering.
SECTION 12. RECODIFICATION 63 O.S. 20 21, Section 330.62,
as amended by Section 6 of this act, shall be recodified as Section
1-1923D of Title 63 of the Oklahoma Statutes , unless there is
created a duplication in numbering.
SECTION 13. RECODIFICATION 63 O.S. 20 21, Section 330.64,
as amended by Section 7 of this act, shall be recodified as Section
1-1923E of Title 63 of the Oklahoma Statutes, unless t here is
created a duplication in numbering.
SECTION 14. REPEALER 63 O.S. 2021, Sections 330.52,
330.54, 330.56, 330.57, 330.59, 330.60, 330.61 and 330.65 , are
hereby repealed.
SECTION 15. This act shall become effecti ve November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES, dated
03/02/2023 - DO PASS, As Amended and Coauthored.