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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL 2824 By: Kendrix of the House
and
Bergstrom of the Senate
COMMITTEE SUBSTITUTE
An Act relating to long-term care; creating the Long-
Term Care Administrator Licensing Act; providing
short title; directing transfer of employees, powers,
duties, 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 Servic es 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 330.51, which relates to definition s;
removing and modifying certain definitions; amending
63 O.S. 2021, Section 330.52, which relates to the
Oklahoma State Board of Examiners for Long -Term Care
Administrators; extending termination date;
abolishing the Board when certain conditions are met ;
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; granting certain authority to the
Commissioner; requiring promulgation of certain
rules; modifying applicability of certain provisions;
stipulating certain licensure and certification
qualifications; requiring and authorizing certain
fees; directing deposit of fees; prohibiting certain
unlicensed activity; amending 63 O.S. 2021, Section
330.58, which relates to duties; transferring duties
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to the Department and the Commissioner; adding,
modifying, and removing certain duties; modifying
applicability of certain provisions ; 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; modifying applicability of certain
provisions; amending 63 O.S. 2021, Section 330.64,
which relates to complaints; pr oviding complaint
procedures; transferring duties to the Department and
the Commissioner; requiring certain notice to be
provided to administrator found to be in violation of
act; providing for certain appeals; authorizing the
Department to order summary s uspension under certain
conditions; requiring certain notice; granting
certain right to suspended licensee; providing for
confidentiality; excluding certain information from
specified definition and certain proceeding s;
authorizing certain disclosures; est ablishing and
requiring the Department to offer independent
informal dispute resolution process ; allowing the
Department to contract with a third -party vendor for
specified purpose; stipulating procedures for request
for and conduct of informal dispute res olution;
specifying composition of imparti al decision-making
panel; providing for submission of evidence and
presentation of arguments; limiting length of
arguments; specifying certain procedures for
production of evidence; prohibiting and authorizing
certain recording of informal dispute resoluti on;
specifying allowed participants; prohibiting legal
representation; limiting inclusion of evidence in
certain written statement; requiring panel to issue
and provide written statement of findings;
stipulating contents of statement; requiring the
Department to consider findings when making certain
determination; directing promulgation of rules;
amending 51 O.S. 2021, Section 24A.3, as amended by
Section 1, Chapter 402, O.S.L. 2022 (51 O.S. Supp.
2022, Section 24A.3), which relates to the Oklahoma
Open Records Act; modifying certain definition;
updating statutory references and language;
renumbering 63 O.S. 20 21, Sections 330.51, 330.53,
330.58, 330.62, and 330.64, as amended by Sections 3,
5, 6, 7, and 8 of this act, which relate to the
Oklahoma State Board of Examiners for Long -Term Care
Administrators; repealing 63 O.S. 20 21, Sections
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330.54, 330.56, 330.57, 330.59, 330.60, 330.61 , and
330.65, which relate to the Oklahoma Sta te Board of
Examiners for Long-Term Care Administrators;
providing for codification; providing for
recodification; providing e ffective dates; and
declaring an emergency .
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 1-1949.1 of Title 63, unless
there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Long-Term Care
Administrator Licensing Act”.
SECTION 2. NEW LAW A n ew section of law to be codified
in the Oklahoma Statu tes as Section 330.52a of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. On November 1, 2023, all employees, powers, duties,
functions, and responsibilities of the O klahoma 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, ob ligations, and
indebtedness associated with the Oklaho ma 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
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November 1, 2023, or any monies that accrue in any funds or acc ounts
or are maintained for the benefit of the Oklahoma State Board of
Examiners for Long-Term Care Administrators on and after November 1,
2023, shall be transferred to the State Department of Health.
C. The State Department of Health shall succeed to an y
contractual rights and responsibilities incurred 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 financial obligations
or encumbrances as provided for in this section.
E. On November 1, 2023, all administrative rules promulgated by
the Oklahoma State Board of Examin ers for Long-Term Care
Administrators shall b e transferred to and become a part of the
administrative rules of the State Department of Health. The Office
of Administrative Rul es in the Secretary of State ’s office shall
provide adequate notice in the Oklah oma Register of the transfer of
such rules and shall place the transferred rules under the Oklahoma
Administrative Code title 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 November 1, 2023, and any
amendment, repeal, or addition to the transferred rules shall be
under the jurisdiction of the State Commissioner of Health.
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F. The state agency known as the Oklahoma State Board of
Examiners for Long-Term Care Administrators shall be abolished after
all the transfers desc ribed in this section have been completed.
SECTION 3. AMENDATORY 63 O.S. 20 21, Section 330.51, is
amended to read as follows:
Section 330.51 For the purposes of Section 330.51 et seq. of
this title, and as used herein this act:
1. “Board” means the Oklahoma State Board of Examiners for
Long-Term Care Administrators;
2. “Long-term care administrato r” means a person licensed or
certified as a nursing facility administrator, an assisted living
facility administrator, a residential care facility administrator ,
or an adult day care center administrato r pursuant to Section 330.51
et seq. of this title this act. A long-term care administrator must
devote at least one-half (1/2) of such person’s working time to on -
the-job supervision of a long -term care facility; pro vided that this
requirement shall not apply to an administrator of an intermediate
care facility for individuals with intellectual disabilities 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 f acilities
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
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with a parent institution. The ICF/IID -16 may be independently
owned and operated or may be part of a larger ins titutional
ownership and operation;
3. 2. “Nursing facility administrator ” means a person licensed
by the State of Oklahoma this state to perform the duties of an
administrator serving in a skilled nursing or nursing or ICF/IID
facility;
4. 3. “Assisted living faci lity administrator” means a person
licensed or certified by the State of Oklahoma this state to perform
the duties of an administrator serving in an assisted living
facility;
5. 4. “Residential care facility administrator ” means a person
licensed or certified by the State of Oklahoma this state to perform
the duties of an administrator serving in a residential care
facility;
6. 5. “Adult day care center administrator ” means a person
licensed or certified by the State of Oklahoma this state to perform
the duties of an administrator servin g in an adult day care center;
and
7. 6. “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 fa cility” shall have the same meaning as such
terms are defined in the Continuum of Care and Assisted Living Act;
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“home” and “residential care home ” shall have the same meaning as
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 4. AMENDATORY 63 O.S. 2021, Sec tion 330.52, is
amended to read as follows:
Section 330.52 A. There is hereby re-created, to continue
until July 1, 2022, in accordance with the provisions of the
Oklahoma Sunset Law November 1, 2023, the Oklahoma State Board of
Examiners for Long-Term Care Administrators. The Oklahoma State
Board of Examiners for Long -Term Care Administrators shall be
abolished when the conditions of subsection F of Section 2 of this
act have been met.
B. The Oklahoma State Board of Examiners for Long -Term Care
Administrators shall consist of fifteen (15) members, eight of whom
shall be representatives of the professio ns and institutions of
long-term care, with representation from each type of administrat or
defined in Section 330.51 of this title. In order to be eligib le to
serve as a member, such administrators shall be licensed or
certified in their defined facility type, and be in good standing
and have at least three (3) years of experience as an admi nistrator
in the facility type they represent, except a nursing fa cility
administrator as defined in Section 330.51 of this title, who shall
have at least five (5) year s of experience as a nursing facility
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administrator. Four members shall represent the g eneral public, of
which at least two shall be licensed medical pro fessionals concerned
with the care and treatment of critically ill or infirm eld erly
patients. The preceding twelve members shall be appointed by the
Governor, with the advice and consent o f the Senate. The final
three members shall constitute the State Commissioner of Health, the
Director of the Department of Human Services, and th e Director of
the Department of Mental Health and Substance Abuse Services, or
their designees.
B. C. No members other than the eight licensed or certified
administrators shall have a direct or indirect financial interest in
long-term care facilities.
C. D. Effective November 1, 2011, all appointed positions of
the current Board shall be deemed vacant. The Gove rnor shall make
initial appointments pursuant to the provisions of this subsection.
Initial appointments shall become effective on November 1, 20 11.
The new members of the Board shall be initially appointed as
follows:
1. Four of the members representin g each administrator type,
two members representing the general pu blic and two other members
shall be appointed for a term of two (2) years to exp ire on October
31, 2013; and
2. Four of the members representing each administrator type,
two members representing the general public and one other member
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shall be appointed f or a term of three (3) years to expire on
October 31, 2014.
D. E. After the initial terms, the terms of all appointive
members shall be three (3) years. Any vacancy occurring in the
position of an appointive member shall be filled by the Governor,
with the advice and consent of the Senate, for the unexpired term.
E. F. Any member of the Board shall recu se himself or herself
from voting on any matter that originated from or involves an enti ty
with which the Board member is affiliated.
SECTION 5. AMENDATORY 63 O.S. 20 21, Section 330.53, is
amended to read as follows:
Section 330.53 A. The Oklahoma State Board of Examiners for
Long-Term Care Administrators State Department of Health shall have
authority to issue licenses or certif ications to qualified persons
as long-term care administrators , and shall establish in accordance
with qualification criteria for each type of long -term care
administrator established by the State Commissioner of Health .
B. No license or certification sha ll 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 char acter; and
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2. The person shall have submitted evidence satisfactor y 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. The Commissioner shall have the 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 Continuum of Care and Assisted Living
Act, the Residential Care Act, and the Adult Day Care Act. The
Commissioner shall promulgate rules to determin e the qualifications
for licensure or certification for each of the long-term care
administrator types as defined in Section 330.51 of this title.
Such rules may, at the discretion of the Commissioner, include a
requirement for licensure instead of certif ication for one or more
long-term care administrator types.
D. 1. All persons currently licensed or certified or lawfully
serving as an administrator in their defined facility type shall be
permitted to continue to serve in their cu rrent capacity under t heir
current terms of authorization. The Board Commissioner 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 e ffect on the licensure or
certification status of those currently certified or licensed .
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Until such rules are promulgated, current licensure and
certification processes and st andards shall remain in place.
2. To be eligible for licensure or certification as any type of
long-term care administrator, the applicant shall have successfully
completed a training and education program approved by the
Commissioner.
3. The Board Commissioner shall not include a requirement for a
four-year degree in any future licensing or certificatio n
requirements for assisted living, residential care or adult day care
administrators. Until such rules are promulgated, current licensure
and certification processes and standards shall remain in place .
4. In addition to the requir ement provided by para graph 2 of
this subsection, to be eligible for licensure or certification as a
nursing facility administrator , the applicant shall :
a. hold a baccalaureate degree from an institution of
higher education,
b. hold an associate degree in a health- or business-
related field or other relevant field as determined by
the Commissioner,
c. have not less than five (5) years of experience in
upper-level management of a long-term care facility as
determined by the Commissioner,
d. be currently licensed as an assisted living facility
administrator or residential care facility
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administrator and have not less than three (3) years
of experience acting in such capacity, or
e. have not less than five (5) years of experience
working in a long-term care setting.
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
E. Eligible applicants may sit for the state standards
examination at a testing facilit y using procedures app roved 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 promul gate rules to implement the provisions of
this section.
F. 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 whic h shall be deposited in the Long-
Term Care Administrator Revolving Fund created in Section 330.62 of
this title. Such fee shall be determined by the Commissioner. Each
such license or certif ication shall expire on the thirty-first day
of December following its issuance, and shall be renewable fo r a
calendar year, upon meeting the renewal requirements and upon
payment of the annual licens ure or certification fee.
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2. In addition to licensure and certification fees, the
Commissioner may impose fees for training and education programs
approved by the Commissioner.
3. All revenues collected as a result of fees authorized in
this section and imposed by the Commissioner shall be deposited into
the Long-Term Care Administrator Revolving Fund created in Section
330.62 of this title.
G. It shall be unlaw ful for any person to act or serve in the
capacity of a long-term care administrator unless the person is the
holder of a license or certificate as a long-term care
administrator, issued in accordance with the prov isions of this act.
A person found guilty of a violation of this subsection shall, upon
conviction, be guilty of a misdemeanor .
SECTION 6. 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 :
1. Develop and apply standar ds for approval of trainin g and
education programs for long -term care administra tors 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 rec eive a license or certification as a
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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 other wise suitable, and who, b y
training or experience i n the field of institutional administration,
are qualified to serve as long -term care administrators;
2. 3. Develop and apply appropriate techniques , including
examinations and investigations, for determi ning 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 deny an initial application,
deny a renewal application, and revoke or su spend 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 also warn,
censure, impose administrative fines or use other remedi es 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) pe r violation. The Board
Department shall consider the scope, severity and repeti tion of the
violation and any additional factors deemed appropriate by the Board
Department when issuing a fine. The Department may utilize one or
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more administrative law judg es to conduct administrative
proceedings;
4. 5. Establish and carry out pro cedures designed to 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 wit h
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 requ irements of such
standards. The long -term care ombudsman program of the Agi ng
Services Division of th e 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 consu mers;
6. 7. Receive and take appropriate action on any complaint or
referral received by the Board Department from the Department of
Human Services or any other regulatory agency . Complaints may also
be generated by the Board or staff . A complaint shall not be
published on the web site website of the Oklahoma State Board of
Examiners for Long-Term Care Administrator s Department unless there
is a finding by the Board Department that the complaint has merit.
The Board Commissioner shall promulgate rules t hat include, but are
not limited to, provisions for:
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a. establishing a complaint review process,
b. creating a formal complaint file, and
c. establishing a protocol for investigati on of
complaints, and
d. establishing an independent informal dispute
resolution process in accordance with Section 9 of
this act;
7. 8. Enforce the provisions of Sections 330.51 through 330.65
of this title this act against all persons who are in violati on
thereof including, but not limited to, individuals who are
practicing or attempting to practice as long -term care
administrators without proper authoriza tion 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 a nd
of procedures and methods for the enforcement of such stand ards with
respect to administrators of long -term care facilities who have been
licensed or certified;
9. 10. Cooperate with and provide assistance when nec essary to
state regulatory agencies in investigations of complaints;
10. 11. Develop a code of ethi cs for long-term care
administrators which includes, but is not limited to, a statement
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that administrators h ave 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 a ttorney for any resident of a
facility of which they are an admi nistrator;
11. 12. Report a final adverse ac tion 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 authorities for prosecution of criminal acti vities;
13. 14. Impose administrative fines, i n an amount to be
determined by the Board Commissioner, against persons who do not
comply with the provisions of this act or the rules adopted by the
Board Commissioner. Administrative fines imposed pursuant to this
section shall not exceed One Thousand D ollars ($1,000.00) per
violation. The Board Department shall consider the scope, severity
and repetition of the violation and any additional factors deemed
appropriate by the Board Department when issuing a fine;
14. 15. Assess the costs of the hearing p rocess, including
attorney fees;
15. 16. Grant short-term provisional licenses to 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
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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 investigatio n, it is determined that a licensee,
certificate holder or AIT candidate for licensure has engaged i n
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 an d skilled nursing facilities including,
but not limited to, minimum qualific ations.
SECTION 7. AMENDATORY 63 O.S. 20 21, Section 330.62, is
amended to read as follows:
Section 330.62 There is hereby created 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 Administrator 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 th e 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
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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 a s prescribed by law w ith the
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 8. 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. 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 Administrator s 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.
B. Upon conclusion of an investigation, if the Department
determines that an administrator has violated this act, the
Department shall promptly serve a notice of violat ion upon the
administrator. The notice of violation shall be prepared in writing
and shall specify the nature of the violation or violations and the
provision or provisions of state law or rule alleged to have been
violated. The notice of violation shall inform the administrator of
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his or her right to an independent informal dispute resolution
process conducted in accordance with Section 9 of this act or a
hearing conducted under subsection C of this section, or both.
C. If the case is not resolved through the independent informal
dispute resolution process pres cribed by Section 9 of this act, the
administrator shall be afforded notice and a hearing in accordance
with the provisions of Article II of the Administrat ive Procedures
Act. Any party aggrieved by a decision of the Department following
a hearing may appeal directly to district court under Section 318 of
Title 75 of the Oklahoma Statutes.
D. Notwithstanding any other provision of this section, the
Department may order a summary suspension of an a dministrator’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 for licensure has
engaged in conduct of a nature that is detr imental to the health,
safety, or welfare of the public, an d 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 C of this section.
E. To ensure the confidentiality of an investigative file
obtained during the investigation, the information in the
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investigative file shall not be deemed to be a recor d as that term
is defined in the Oklahoma Open Records Act nor shall the
information be subject to subpo ena or discovery in any civil or
criminal proceeding, except that the Department may give the
information to law enforcement and other state licensing a gencies as
necessary and appropriate in the discharge of the duties of that
agency and only under circum stances that will ensure against
unauthorized access to the information. The respondent may acquire
information obtained during an investigation, unles s 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 sol ely for the
purpose of defense in the proceeding s of the Department and in any
appeal therefrom and agrees not to otherwise disclose th e
information.
F. Effective May 13, 2005, the Board The Department shall
create and maintain a registry of all complaint s 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 inspection by the public. Such regi stry shall be
organized both in chronological order by the date of the complaint
and by the name of the licensed administrator. The re gistry shall
contain information about the nature of the complaint and the
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action, if any, taken by the Board Department. The registry shall
also contain the number of complaints made against an individual
administrator.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1949.7 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The Department shall give an administrator who the
Department has determined, upon investigation, has violated the
Long-Term Care Administrator Licensing Act an opportunity to
participate in an indepe ndent informal dispute resolution process of
the case in accordance with this section . The Department may
contract with a thir d-party vendor to provide the independent
informal dispute resolution.
B. The administrator shall make a written request to the
Department to participate in an informal dispute resolution . Upon
receipt of such request, the Department shall :
1. Refer the case to the informal dispute resolution provider ,
if the Department contracts with a th ird-party vendor as described
in subsection A of this section, and the informal dispute resolution
provider shall:
a. schedule a time and date for an informal dispute
resolution meeting and inform the parties of such time
and date, and
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b. appoint an impartial decision-making panel to conduct
the informal dispute resolution as provided by
subsection C of this section; or
2. If the Department does not contract with a thir d-party
vendor as described in subsection A of this section, the Department
shall:
a. schedule a time and date for an informal di spute
resolution meeting and inform the parties of such tim e
and date, and
b. appoint an impartial decision -making panel to conduct
the informal dispute resolution as provided by
subsection C of this section.
C. The impartial decision -making panel shall b e a group of five
(5) individuals who meet the following cr iteria:
1. Two members shall be impartial volunteers who have
experience in the operation of the same type of long-term facility
as the administrator who i s the subject of the complaint. Such
volunteers may include, but not be limited to, an administrato r,
owner, operator, or director of nursing of an appropriate long -term
care facility, but shall not include any person with a direct
financial interest in a ny facility that employs or contracts wit h
the administrator who is the subject of the complaint ;
2. One member shall be an employee of the Department who has no
current involvement in the long-term care facility survey process ;
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3. One member shall be a person representing the aging or
disabled community; and
4. One member shall be an impartial person who is not employed
by the State Department of Health .
D. Each party shall submit to the impartial decision -making
panel all documentary evidence that the party believes has a bearing
on or relevance to the violation or violations alleged by the
Department in the complaint.
E. The Department shall present initia l arguments. The
administrator shall then present his or her arguments. The informal
dispute resolution shall be limited to no more tha n two (2) hours in
length, with each party being permitted one (1) hour to present its
arguments; however, the impartia l decision-making panel may grant
each party additional equal time for good cause as determined by the
impartial decision making -panel.
F. Rules of evidence or procedure shall not apply to the
informal dispute resolution except as provided in this section . The
impartial decision-making panel may:
1. Accept any information that the impartial decisi on-making
panel deems material to the iss ue being presented; and
2. Reject any information that the impartial decision-making
panel deems immaterial to the iss ue being presented.
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G. The informal dispute resolution may not be recorded;
however, the impartial decision-making panel may make writte n or
recorded notes of the arguments.
H. Only employees of or health care providers contracted by the
facility where the administrator who is the subject of the complaint
is employed may appear or participate in th e informal dispute
resolution on behalf o f the administrator. Only employees of the
Department may appear or participate at the meeting for, or on
behalf of, the Department. The State Long-Term Care Ombudsman or
designee may appear at or participate in t he meeting. No party may
be represented by an attorney.
I. The informal dispute resolution process is limited to
violations alleged by the Department in the complaint. If th e
impartial decision-making panel finds that matters not subject to
the informal dispute resolution are presented, the impart ial
decision-making panel shall strike all documentary evidence related
to or presented for the purpose of disputing the matter not subject
to the informal dispute resolution. The impartial decision -making
panel may not include in the statement of findings de scribed in
subsection J of this section any matter not subject to the informal
dispute resolution.
J. Upon the conclusion of a ll arguments by the parties at the
informal dispute resolution, the impartial de cision-making panel
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shall issue a written statement o f findings, which shall be provided
to all parties and which shall include:
1. A summary of any alleged violations ;
2. A statement of whether the impartial decision -making panel
agrees that the alleged violation or violations occurred ;
3. The facts and persuasive arguments that support the finding
of the impartial decision -making panel for each alleged violation ;
and
4. A recommendation on appropriate disciplinary action against
the administrator, if any.
K. The Department shall review the findings of the impartial
decision-making panel and shall t ake such findings into
consideration when determining whether to pursue furt her
disciplinary action against the administrator.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1949.8 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 the Long-Term Care Administrator
Licensing Act.
SECTION 11. AMENDATORY 51 O.S. 2021, Section 24A.3, as
amended by Section 1, Chapter 402, O.S. L. 2022 (51 O.S. Supp. 2022,
Section 24A.3), is amended to read as follows:
Section 24A.3 As used in the Oklahoma Open Records Act:
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1. “Record” means all documents including, but not limited to,
any book, paper, photograph, microfilm, data files created by or
used with computer software, computer tape, disk, record, sound
recording, film recording, video record or other material regar dless
of physical form or characteristic, creat ed by, received by, under
the authority of, or coming into the custody, cont rol or possession
of public officials, public bodies or their representatives in
connection with the transaction of public business, the expenditure
of public funds or the administ ering of public property. “Record”
Record does not mean:
a. computer software,
b. nongovernment personal effects,
c. unless public disclosure is required b y other laws or
regulations, vehicle movement records of the Oklahoma
Transportation Authority obtai ned in connection with
the Authority’s electronic toll collection system,
d. personal financial information, credit reports or
other financial data obtained by or submitted to a
public body for the purpose of evaluat ing credit
worthiness, obtaining a licen se, permit or for the
purpose of becoming qualified to contract with a
public body,
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e. any digital audio/video recordings of the toll
collection and safegua rding activities of the Oklahoma
Transportation Authority,
f. any personal information provided by a guest at any
facility owned or operated by the Oklahoma Tourism and
Recreation Department to obtain any service at the
facility or by a purchaser of a prod uct sold by or
through the Oklahoma Tourism and Recreation
Department,
g. a Department of Defense Fo rm 214 (DD Form 214) filed
with a county clerk including any DD Form 214 fil ed
before July 1, 2002,
h. except as provided for in Section 2 -110 of Title 47 of
the Oklahoma Statutes ,:
(1) any record in connection with a Motor Vehicle
Report issued by the Dep artment of Public Safety,
as prescribed in Section 6 -117 of Title 47 of the
Oklahoma Statutes, or
(2) personal information within driver records, as
defined by the Driver’s Privacy Protection Act,
18 United States Code, Sections 2721 through
2725, which are stored and maintained by the
Department of Public Safety, or
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i. any portion of any document or information provided to
an agency or entity of the state or a political
subdivision to obtain licensure under the laws of this
state or a political subdivision that contains an
applicant’s personal address, personal phone number,
personal electronic mail address or other contact
information. Provided, however, li sts of persons
licensed, the existence of a license of a per son, or a
business or commercial address , or other business or
commercial information disclosable under state law
submitted with an application for licensure shall be
public record, or
j. an investigative file obtained during an investigation
conducted by the State Department of Health under this
act;
2. “Public body” shall include, but not be limited to, any
office, department, board, bureau, commission, agency, trusteeship,
authority, council, c ommittee, trust or any entity created by a
trust, county, city, village, town, township, district, s chool
district, fair board, court, executive office, advisory group, task
force, study group or any subdivision thereof, supported in whole or
in part by public funds or entruste d with the expenditure of public
funds or administering or operating public pr operty, and all
committees, or subcommittees thereof. Except for the record s
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required by Section 24A.4 of this title, “public body” public body
does not mean judges, justices, the Council o n Judicial Complaints,
the Legislature or legislators. “Public body” Public body shall not
include an organization that is exempt from federa l income tax under
Section 501(c)(3) of the Internal Revenue Code of 1986, as am ended,
and whose sole beneficiary is a college or university, or an
affiliated entity of the college or university, that is a member of
The Oklahoma State System of Higher Educ ation. Such organization
shall not receive direct appropriations from the Oklah oma
Legislature. The following persons shall not be eligible to serve
as a voting member of the gov erning board of the organization:
a. a member, officer, or employee of the O klahoma State
Regents for Higher Education,
b. a member of the board of regents or other governing
board of the college or uni versity that is the sole
beneficiary of the organizati on, or
c. an officer or employee of the college or university
that is the sole beneficiary of the organization;
3. “Public office” means the physical locat ion where public
bodies conduct business or ke ep records;
4. “Public official” means any official o r employee of any
public body as defined herein; and
5. “Law enforcement agency” means any public body charged with
enforcing state or local criminal laws and initiating criminal
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prosecutions including , but not limited to, police departments,
county sheriffs, the Department of Public Safety, the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
Beverage Laws Enforcement Commission , and the Oklahoma State Bureau
of Investigation.
SECTION 12. RECODIFICATION 63 O.S. 2021, Section 330.51,
as amended by Section 3 of this act, shall be recodified as Section
1-1949.2 of Title 63 of the Oklahoma Statutes, unless ther e is
created a duplication in numbering.
SECTION 13. RECODIFICATION 63 O.S. 2 021, Section 330.53,
as amended by Section 5 of this act, shall be recodifie d as Section
1-1949.3 of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 14. RECODIFICATION 63 O.S. 20 21, Section 330.58,
as amended by Section 6 of this act, shall be recodified as Sect ion
1-1949.4 of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 15. RECODIFICATION 63 O.S. 20 21, Section 330.62,
as amended by Section 7 of this act, shall be recodified as Section
1-1949.5 of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 16. RECODIFICATION 63 O.S. 20 21, Section 330.64,
as amended by Section 8 of this act, shall be recodified as Section
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1-1949.6 of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in number ing.
SECTION 17. REPEALER 63 O.S. 2021, Sections 330.54,
330.56, 330.57, 330. 59, 330.60, 330.61, and 330.65, are hereby
repealed.
SECTION 18. Sections 1, 2, and 4 of this act shall become
effective June 1, 2023.
SECTION 19. Sections 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, and 17 of this act shall become effective November 1, 2023.
SECTION 20. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist for Sections 1, 2, and 4 of this act, by reason
whereof such sections shall take effect and be in full force from
and after its passage and approval.
59-1-2110 DC 4/13/2023 11:02:47 AM