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ENGROSSED HOUSE
BILL NO. 2824 By: Kendrix of the House
and
Bergstrom of the Senate
An Act relating to long-term care; directing transfer
of employees, powers, dutie s, monies and contractual
rights from the Oklahoma State Board of Exa miners 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; creating the Long-Term Care
Advisory Council; providing for appointments to the
Council; prescribing terms of office ; providing for
the election of a chair and vice -chair; stating
powers and duties of the Council; providing for
reimbursement of expenses pursuant to the State
Travel Reimbursement Act; authoriz ing meetings;
prescribing minimum number of meetings; directing the
State Department of Health to provide space for
meetings; requiring certain recusal; directing
promulgation of rules; amending 63 O.S. 2021, Section
330.51, which relates to definitions; removing and
adding definitions; amending 63 O.S. 2021, Section
330.52, which relates to the State Board of
Examiners; extending termination date; amending 63
O.S. 2021, Section 330.53, which relates to licensure
of long-term care administrators; transferring dut ies
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 Commissioner to determine certain
qualifications; prohibiting certain unl icensed
activity; amending 63 O.S. 2021, S ection 330.54,
which relates to license fees; updating citation;
amending 63 O.S. 2021, Section 330.5 7, which relates
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to qualifications of Administrator ; updating
citation; amending 63 O.S. 2021, 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
duties; 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; amen ding 63 O.S.
2021, Section 330.64, which relates to complaints;
providing complaint procedures; transferring duti es
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; directi ng
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 information from specified definition and
certain proceedings; authorizing certain disclosures;
authorizing informal resolution process; providing
for certain appeals; providing for recodification;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
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:
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
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equipment, supplies, records, asse ts, 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 for Long-Term Care Administrators on and after
the effective date of this act, or a ny 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 t he transfer of funds,
allotments, purchase orders , and outstanding financia l obligations
or encumbrances as provided for in this sect ion.
E. On the effective date of this act, all administrative rules
promulgated by the Oklaho ma State Board of Examiners f or Long-Term
Care Administrators shall be transferred to and become a part of the
administrative rules of the State Department of Health. The Office
of Administrative Rules in the Secretary of State's office shall
provide adequate notice in the Oklahoma R egister of the transfer of
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such rules and shall place the transferred rules under the
Administrative Code section of the State Depart ment of Health. Such
rules shall continue in force and effect as rules of the State
Department of Health from and after th e effective date of this act,
and any amendment, repeal , or addition to the transferred rules
shall be under the jurisdiction of the State Commissioner 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. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1923A of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. There is hereby created, to continue until July 1, 202 5, in
accordance with the provisions of the Oklahoma Sunset Law, a Lon g-
Term Care Advisory Council which shall be compos ed of fifteen (15)
members, each of whom shall serve at the pleasure of the member's
appointing authority, as follows:
1. The State Long-Term Care Ombudsman or d esignee. Such
designee must be a current em ployee of the Department of Human
Services;
2. One medical doctor or doctor of osteopathy who practices 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, appointed by the Governor;
4. One registered nurse, app ointed by the President Pro Tempore
of the Oklahoma State Sen ate;
5. One licensed practical nurse , appointed by the Speaker of
the Oklahoma House of Representat ives;
6. Three representatives of nursing facilities, each of whom
shall be an executive, owner-operator, or licensed administrator of
the facility and shall have not less than three (3) years of
experience as an execut ive, owner-operator, or licensed
administrator of one or more nursing facilities. One of the
representatives shall be appointed by the Governor, one of the
representatives shall be app ointed by the President Pro Tempore of
the Oklahoma State Senate, and one of the representatives shall be
appointed by the Speaker of the Oklahoma House of Representatives .
At least one of the representatives shall be from a facility with
ninety-five (95) or fewer licensed beds, and at least one
representative shall be from a fa cility with ninety-six (96) or more
licensed beds;
7. Two representatives of an assisted living c enter or
continuum of care facility, each of whom shall be an executive,
owner-operator, or licensed administrator of the center or facility
and shall have not less than three (3) years of experience as an
executive, owner-operator, or licensed administra tor of one or more
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assisted living centers or c ontinuum of care facilities. One of the
representatives shall be appointed by the Pr esident Pro Tempore of
the Oklahoma State Senate, and one shall be appointed by the Speaker
of the Oklahoma House of Represen tatives. One representative shall
be from a facility with sixty-four (64) or fewer lic ensed beds, and
one representative shall be from a facility with sixty-five (65) or
more licensed beds;
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 licensed administrator of the center
or home and shall have not less than three (3) years of experien ce
as an executive, owner-operator, or licensed administrator of one o r
more adult day care c enters or residential care homes;
9. One representative of an intermediate care facility f or
individuals with intellectual disa bilities (ICF/IID), appointed by
the President Pro Tempore of the Oklahoma State Senate, who shall be
an executive, owner-operator, or licensed adminis trator of the
ICF/IID and shall have not less than three (3) years of expe rience
as an executive owner -operator, or licensed administrator of one or
more ICFs/IID;
10. One representative of a veterans center o perated by the
state, appointed by the Speaker of the Oklahoma House of
Representatives, who shall be a licensed adminis trator or executive-
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level staff member of one or more veterans ce nters operated by th e
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 ag e
or older. Neither member s hall be a current or former employee of
the State Department of Health or the Departme nt of Human Services,
be currently registered as a lobbyist, or be affili ated with any
organization that represents the long-term care industry or
advocates for senior citizens.
All members shall be in good stand ing.
B. The State Department of H ealth shall provide space for
meetings of the Advisory Council.
C. The Advisory Council shall annually elect a chair, vice-
chair, and secretary-treasurer, shall meet monthly, and may hold
such special meetings as may be necessary. The members of the
Advisory Council shall be reimbursed as provided for by the Stat e
Travel Reimbursement Act.
D. The Advisory 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 an d treatment of
residents of facilities subject to the provi sions of the Nursing
Home Care Act, homes subj ect to the provisions of the Residential
Care Act, and facilities subject to the provisions of the Adult Day
Care Act;
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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 proc edures
of the Department regarding the administration and en forcement of
the provisions of the Nu rsing Home Care Act, the Residential Care
Act, and the Adult Day Care Act, and th e quality of services a nd
care and treatment provided to residents of faciliti es and
residential care homes and participants in adult day c are centers.
The Advisory Council may make recommendations to the Department as
necessary and appropriate;
4. Evaluate and review financia l accountability standards,
policies and practices of long-term care facilities regarding
residents' funds for which the facility is the payee, and evalu ate
and review expenditures made on behalf of the residen t by the
facility to ensure that such funds ar e managed appropriately and in
the best interests of th e resident;
5. Publish and distribute an annual report of it s activities
and any recommendations for the improvement of services and care and
treatment to residents of facilitie s and residential care homes and
participants in adult day care centers on or before January 1 of
each year to the Governor, the State Comm issioner of Health, the
State Board of Health, the Speaker of the House of Representatives,
the President Pro Tempore of the Oklahoma State Senate, and the
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chief administrative officer of each ag ency affected by the re port;
and
6. Perform the duties prescribed by Sections 6, 9, 10, and 11
of this act.
E. Any member of the Advisory Council shall recuse himself or
herself from voting or involv ement in proceedings on any matter that
originated from or involves an entity with which:
1. The member is related, by blood or marriage, to an owner-
operator, licensed administrator, or executive of an entity u nder
review or consideration;
2. The member has a direct monetary relationship with the
entity under review or consideration or a monetary relationship with
an individual associated with the entity under review or
consideration;
3. The member is an employee or an employer of a n individual or
entity under review or consideration;
4. The member or his or her employer or employee is a direct
competitor of an individual or entity under review or consid eration;
or
5. The member is employed by a subsidiary of the entity that is
under review or consider ation, or the member is employed by an
entity that shares an owner with the entity that is under review or
consideration.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1923B of Title 63, unless
there is created a duplication in numbering, reads as follo ws:
The State Commissioner of Health shall promu lgate rules to
implement the provisions of this act.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 330.51, is
amended to read as follows:
Section 330.51 For the purposes of Section 330.51 1-1923C et
seq. of 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 ad ministrator, an assisted living
facility administrator, a residential care facility adminis trator,
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 ti me to on-the-job
supervision of a long-term care facility; pr ovided that this
requirement shall not apply to a n 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 mor e than one ICF/IID-16,
if such facilities are loc ated within a circle that has a radius of
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not more than fifteen (15) miles, and the total number of facilities
and beds does not exceed six facili ties 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;
3. "Nursing facility administrator" means a person licensed by
the State of Oklahoma to perform the duties of an admin istrator
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 duties
of an administrator serving in an assisted living facilit y;
5. "Residential care facility administrator" means a person
licensed or certified by the State of Oklahoma to pe rform the duties
of an administrator serving in a residential care facility;
6. "Adult day care center administrator" means a person
licensed or certified by the State of Ok lahoma to perform the duties
of an administrator serving in an adult day care cent er; 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 me aning as such
terms are defined in the Continuum of Care and Assisted Living Act;
"home" and "residential care home" shall have the same mea ning as
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the terms are used in the Residential 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 5. AMENDATORY 63 O.S. 2021, Section 330.52, is
amended to read as follows:
Section 330.52 A. There is hereby re -created, to continue
until July 1, 2022 November 1, 2023, in accordance with the
provisions of the Oklahoma Sunset Law, the Oklahoma State Board of
Examiners for Long-Term Care Administrato rs. The Oklahoma State
Board of Examiners for Long-Term Care Administrators shall consist
of fifteen (15) members, eight of whom shall be rep resentatives of
the professions and institutions of long -term care, with
representation from each type of administ rator defined in Section
330.51 1-1923C of this title. In order to be eligible to serve as a
member, such administr ators shall be licensed or certifi ed in their
defined facility type, and be in good standing and h ave at least
three (3) years of experience as an administrator in the f acility
type they represent, except a nursing facility administrator as
defined in Section 330.51 1-1923C of this title, who shal l have at
least five (5) years of experience as a nursing f acility
administrator. Four members shall represent the general public, of
which at least two shall be licensed medical professionals concerned
with the care and treatment of critically ill or inf irm elderly
patients. The preceding twelve members shall b e appointed by the
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Governor, with the advice and consent of the Senate. The final
three members shall constitute the State Commissioner of Health, the
Director of the Department of Human Services, and the Director of
the Department of Mental Health and Su bstance Abuse Services, or
their designees.
B. No members other than the ei ght licensed or certified
administrators shall have a direct or indirect financ ial interest in
long-term care facilities.
C. Effective November 1, 2011, all appointed positions of the
current Board shall be deemed vacant. The Governor shall make
initial appointments pursuant to the provisions of this subsection.
Initial appointments shall become effective on November 1, 2 011.
The new members of the Board shall be initially appoi nted as
follows:
1. Four of the members representing each administrator typ e,
two members representing the general public and two other members
shall be appointed for a term of two (2) years to ex pire on October
31, 2013; and
2. Four of the members repre senting each administrator type,
two members representing the general public and one other member
shall be appointed for a term of three (3) years to expir e on
October 31, 2014.
D. After the initial terms, the terms of all appointive members
shall be three (3) years. Any vacancy o ccurring in the position of
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an appointive member shall be filled by the Governor, with the
advice and consent of the Senate, for the unexpired term.
E. Any member of the Board shall recuse himself or herself from
voting on any matter that originated from or involves an entity with
which the Board member is affiliated.
SECTION 6. AMENDATORY 63 O.S. 20 21, Section 330.53, is
amended to read as follo ws:
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 qu alified
persons as long-term care administrators, and shall establish
qualification criteria for each type category of long-term care
administrator.
B. No license or certification shall be issued to a person as a
long-term care administrator unless:
1. The person shall have submitted 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.
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C. All persons currently licensed or cert ified or lawfully
serving as an administra tor in their defined facility type shall be
permitted to continue to serve in their current capacity under their
current terms of authorization. Th e 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
or certification status of those currently certified or licensed.
The Board Commissioner shall not include a requirement for a fou r-
year degree in any future licensing or certification requirements
for assisted living, residential care or adult day care
administrators. Until s uch rules are promulgated, current licensure
and certification pro cesses and standards shall remain in place
long-term care administrators.
D. The Oklahoma State Board of Examiners for Long-Term Care
Administrators shall, on or before July 1, 2017, promul gate rules
permitting eligible applicants to Eligible applicants m ay sit for
the state standards examination at a testing facility using
procedures approved by the National Association 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 provisions of
this section.
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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 whi ch shall be deposited in the Long-
Term Care Revolving Fund created in Section 1-1923M of this title.
Such fee shall be determined by the Commissioner with the input of
the Advisory Council. Each such license or c ertification shall
expire on the thirty-first day of December following its issu ance,
and shall be renewable for a calendar year, upon meeting the renewal
requirements and upon payment of the annual license or certification
fee.
2. In addition to license and certification fees , the
Commissioner and Advisory Council may impose fees for training and
education programs approved by the Department.
3. All revenues collected as a result of fees authorize d in
this section and imposed by the Commissioner shall be deposited into
the Long-Term Care Revolving Fund created in Section 1-1923M of this
title.
F. The Commissioner, with the input and assistance of the
Advisory Council, shall have sole and exclusive authori ty 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 Continuum of Care and
Assisted Living Act, the Residential Care Act, and the A dult Day
Care Act. The Commissioner shall, with the input and assistance of
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the Advisory Council, promulgate rules to determine the
qualifications for licensure or certification for the long-term care
administrator categories as defined in Section 1-1923C of this
title. Such rules may include a requirement for licensure instead
of certification for certain long-term care administrator
categories.
G. It shall be unlawful for any person to act or serve in the
capacity as a long-term care administrator unles s the person is the
holder of a license or certificate as a long-term care
administrator, issued in accordance with the provisions of this act.
A person found guilty of a violation of this subsection shall, upon
conviction, be guilty of a misdemeanor .
SECTION 7. AMENDATORY 63 O .S. 2021, Section 330.54, is
amended to read as follows:
Section 330.54 Each person licensed or certifie d as a long-term
care administrator pursuant to the provisions of Section 330.53 1-
1923E of this title shall be required to pay an annual license or
certification fee which shall be depo sited in the Oklahoma State
Board of Examiners for Long -Term Care Administrators Revolving Fund.
Such fee shall be determined by the Oklahoma State Board of
Examiners for Long-Term Care Administrators. Each such license or
certification shall expire on t he 31st day of December following its
issuance, and shall be renewable for a calendar year, upon meeting
the renewal requirements and upon payment of the annual license fee.
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SECTION 8. AMENDATORY 63 O.S. 2021, Section 330.57, is
amended to read as follows:
Section 330.57 The Oklahoma State Board o f Examiners for Long-
Term Care Administrators shall have sole and exclusive authority to
determine the qualifications, skill and fitness of any person t o
serve as a long-term care administrator under the applicable
provisions of the Nursing Home Care Act, the Continuum of Care and
Assisted Living Act, the Residential Care Act, and the Adult Day
Care Act. The Board shall promulgate rules to determine the
qualifications for licensure or certification for the long-term care
administrator types as defined in S ection 330.51 1-1923C of this
title. Such rules may include a requirement for licensure instead
of certification for certain long -term care administrat or types.
SECTION 9. AMENDATORY 63 O.S. 2021, 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 the Long -Term Care Advisory Council:
1. Develop and apply standards for approval of training and
education programs for long-term care administrators that meet the
accreditation standards of the National Association of Long-Term
Care Administrator Boards;
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2. Develop, impose, and enforce standards which must be met by
individuals in order to receive a license or certification as a
long-term care administrator, which standards shal l be designed to
ensure that long-term care administrators will be individuals who
are of good character and are otherwise suitable, and who, by
training or experience in the field of institutional administration,
are qualified to serve as long -term care administrators;
2. 3. Develop and apply appr opriate techniques, including
examinations and investigation s, for determining whether an
individual meets such standards;
3. 4. Issue licenses or certifications to individuals
determined, after the application of such techniques, to meet such
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 determin ed
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 admin istrative
fines or use other remedies that may be considered to be less than
revocation and suspension. 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
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assistance of the Advisory Council, consider the scope, severity and
repetition of the violation and any additional factors deemed
appropriate by the Board Department when issuing a fine;
4. 5. Establish and carry out procedures designed t o ensure
that individuals licensed or certified as long -term care
administrators will, during any period that they serve as such,
comply with the requirements 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 with the requirements of such
standards. The long -term care ombudsman program of the Aging
Services Division of the Department of Human Services 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 lon g-term care facility consumers;
6. 7. Receive and take appropriate action on any complaint or
referral received by the Board State Department of Health from the
Department of Human Services or any other regulatory agency.
Complaints may also be generated by the Board or staff State
Department of Health. A complaint shall not be published on the web
site website of the Oklahoma State Board of Examiners for Long-Term
Care Administrators State Department of Health unless there is a
finding by the Board Department that the complaint has merit. The
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Board State Commissioner of Health shall, with the input and
assistance of the Advisory Council, promulgate rules that include,
but are not limited to, provisions for:
a. establishing a complaint review process,
b. creating a formal complaint file, and
c. establishing a protocol for investigation of
complaints,
as provided by Section 1-1923N of this title;
7. 8. Enforce the provisions of Sections 330.51 through 330.65
Section 1-1923C et seq. of this title against all persons who are in
violation thereof incl uding, but not limited to, individuals who are
practicing or attempting to practice as long-term care
administrators without proper authorizat ion 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 o r 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 b een
licensed or certified;
9. 10. Cooperate with and provide assistance when nece ssary to
state regulatory agencies in investigations of complaints;
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10. 11. Develop a code of ethics for long -term care
administrators which includes, but is not limited 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 administrator;
11. 12. Report a final adverse action against a long-term care
administrator to the Healthcare Integrity and Protection Data Bank
pursuant to federal regulatory requirements;
12. 13. Refer completed investigations to the proper law
enforcement authoritie s for prosecution of criminal activities;
13. 14. Impose administrative fines, in an amount to be
determined by the Board Commissioner, against persons who do not
comply with the provisions of this act Section 1-1923C et seq. of
this title or the rules adopted by the Board Commissioner.
Administrative fines imposed pursuant to this sec tion shall not
exceed One Thousand Dollars ($1,000.00) pe r violation. The Board
Department shall, with the input and assistance of the Advisory
Council, consider the scope, severity and repetition of the
violation and any additional factors deemed appropr iate by the Board
Department when issuing a fine;
14. 15. Assess the costs of the hearing process, including
attorney fees;
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15. 16. Grant short-term provisional licenses t o individuals
who do not meet all of the licensing requirements, provided the
individual obtains the services of a currently licensed
administrator to act as a consultant and meets any additional
criteria for a provisional 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, i f, in
the course of an investigation, it is determined that a licensee,
certificate holder or AIT candidate for lice nsure 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
17. Promulgate rules governing the employment of assistant
administrators for nursing and skilled nursing facilities including,
but not limited to, mini mum qualifications.
SECTION 10. AMENDATORY 63 O.S. 2021, Section 330.62, is
amended to read as follows:
Section 330.62 There is hereby created in t he State Treasury a
revolving fund for the Oklahoma State Board of Examiners for Lo ng-
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 consis t of
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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 the Oklahoma State Board of Examiners 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 Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for appro val and payment.
SECTION 11. AMENDATORY 63 O.S. 2021, Section 330.64, is
amended to read as follows:
Section 330.64 A. Any person or agency may su bmit to the State
Department of Health a complaint against a long-term care
administrator. Complaints may also be generated by the Department.
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 be 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, t he
Department shall immediately notify the Advisory Counc il 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
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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 registry shall be maintained in both
electronic and paper formats and shall be available for insp ection
by the public. Such registry shall be organized b oth in
chronological order by the date of the complaint and by the name of
the licensed administrator. The registry shall contain information
about the nature of the complaint and the action, if any , taken by
the Board Department. The registry shall also contain the number of
complaints made against an individual administrator.
C. The Department shall not take any ad verse action against an
administrator for a violation of this act or the rules prom ulgated
by the State Commissioner of Health before the Advisory Council has
issued a recommendation to the Department regarding the complaint
and before the Department has t aken such recommendation into
consideration, except:
1. As provided by subsection E of this section; or
2. If the Advisory Council does not issue a recommendation
within forty-five (45) calendar days following the date the
investigation is completed .
D. The Advisory Council shall review the complaint and the
investigative materials pr ovided by the Department, may cause the
allegations to be investigated, and may interview witnesses
including but not limited to the administrator who is the subject of
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the complaint. The Advisory Council shall make a recommendation to
the Department to set the case for hearing, 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 an Adminis trator in Training (AIT)
permit if, in the course of an investigation, it is determ ined that
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 the publ ic, and which conduct necessitates
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 investi gative 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
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information to law enforcement and other state licen sing agencies as
necessary and appropriate in the discharge of the duties of that
agency and only under circumstances that will ensure again st
unauthorized access to the information. The respondent may acquire
information obtained during an investigation, 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 proceeding s of the Department or the
Advisory Council and in any appeal therefrom and agrees not t o
otherwise disclose the information.
G. The Department may give the respondent an opportunity to
participate in an informal resolution of the case. Discussions to
resolve the case without a hearing shall be conducted in
consultation with the Advisory Council.
H. If the case is not resolved, the respondent sh all be
afforded notice and a hearing in accordance with the provisions of
Article II of the Administrative Procedure s Act. The Advisory
Council may assist and advise the Department in all hearings and may
recommend to the Department disciplinary action ag ainst the
respondent. Any party aggrieved by a decision of the Department
following a hearing may appeal directly t o district court under
Section 318 of Title 75 of the Oklahoma Statutes .
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SECTION 12. RECODIFICATION 63 O.S. 2021, Section 330.51,
as amended by Section 4 of this act, shall be recodified as Section
1-1923C of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 13. RECODIFICATION 63 O.S. 2021, Section 330.52,
as amended by Section 5 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 14. RECODIFICATION 63 O.S. 2021, Section 330.53,
as amended by Section 6 of this act, shall be recodified as Sec tion
1-1923E of Title 63 of the Oklahoma Statutes, unless th ere is
created a duplication in numbering.
SECTION 15. RECODIFICATION 63 O.S. 2021, Section 330.54,
as amended by Section 7 of this act, shall be recod ified as Section
1-1923F of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 16. RECODIFICATION 63 O.S. 2021, Section 330.56,
shall be recodified as Section 1-1923G of Title 63 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 17. RECODIFICATION 63 O.S. 2021, Section 330.57,
as amended by Section 8 of this act, shall be recodified as Section
1-1923H of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
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SECTION 18. RECODIFICATION 63 O.S. 2021, Section 330.58,
as amended by Section 9 of this act, shall be recodified as Section
1-1923I of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 19. RECODIFICATION 63 O.S. 2021, Section 330.59,
shall be recodified as Section 1-1923J of Title 63 of the Oklahoma
Statutes, unless there is created a dup lication in numbering.
SECTION 20. RECODIFICATION 63 O.S. 2021, Section 330.60,
shall be recodified as Section 1-1923K of Title 63 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 21. RECODIFICATION 63 O.S. 2021, Section 330.61,
shall be recodified as Section 1-1923L of Title 63 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 22. RECODIFICATION 63 O.S. 2021, Section 330.62,
as amended by Section 10 of this act, shall be recodified as Section
1-1923M of Title 63 of the Oklahoma S tatutes, unless there is
created a duplication in numbering.
SECTION 23. RECODIFICATION 63 O.S. 20 21, Section 330.64,
as amended by Section 11 of this act, shall be recodified as Section
1-1923N of Title 63 of the Oklahoma Statutes, u nless there is
created a duplication in numbering.
SECTION 24. RECODIFICATION 63 O.S. 2021, Section 330.65,
shall be recodified as Section 1-1923O of Title 63 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
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SECTION 25. This act shall become effective November 1, 2023.
Passed the House of Representatives the 21st day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate