ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED SENATE AMENDMENT
TO
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 Examiners***
meetings; directing the St ate Department of Health
to; 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 in put of the Advisory
Council; modifying applicability of certain
provisions; *** authorizing certain disclosures;
authorizing informal resolution process; providing
for certain appeals; providing for recodification;
providing for codification; and providing an
effective date.
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to long -term care; creating the
Long-Term Care Administrator Licensing Act; providing
short title; directing transfer of employ ees, 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 M anagement
and Enterprise Services to coordinate cer tain
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 definitions;
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
removing, adding, 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; modifying 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; modifying terminology; granting certain
authority to the Commissioner; requiring promulgation
of certain rules; modifying applicability of certain
provisions; stipulating certain licensure and
certification qualifications; imposing certain duties
on the Department regarding training and education
programs; requiring and authorizing certain fees;
directing deposit of fees; providing for licensure by
endorsement; prohibiting certain unlicensed activity;
amending 63 O.S. 2021, Section 330.58, which relates
to duties; transferring duties 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; amending 63
O.S. 2021, Section 330.64, which relates to
complaints; providing complaint procedures;
transferring duties to the Department and the
Commissioner; requiring certain notice to be provided
to administrator found to b e in violation of act;
providing for certain appeal s; 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 p roceedings;
authorizing certain disclosures; establishing 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 resolution;
specifying composition of impartial 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
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
certain recording of informal dispute resolution;
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; allowing the
Commissioner to intervene for certain purpose;
requiring the Department to consider findings when
making certain determinat ion; 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 statut ory 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; repea ling 63 O.S. 2021,
Sections 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 recodification; providing a condition al effective
clause; 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 codifi ed
in the Oklahoma Statutes as Section 1-1949.1 of Title 63, unless
there is created a duplication in numbering, reads as fol lows:
This act shall be known and may be cited as the “Long-Term Care
Administrator Licensing Act ”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 330.52a of Title 63, unless
there is created a duplication in numbering, reads as follows:
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. On November 1, 2023, all employees, powers, duties,
functions, and responsibi lities 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, e ncumbrances, 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
November 1, 2023, 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 November 1,
2023, shall be transferred to the State Departm ent of Health.
C. The State Department of Health shall succeed to any
contractual rights and responsibilities incurred by th e 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 oblig ations
or encumbrances as provided for in this section.
E. On November 1, 2023, all administrative rules promulgated by
the Oklahoma State Board of Examiners for Long-Term Care
Administrators shall be transferred to and become a part of the
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 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 St ate
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.
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 section have been completed.
SECTION 3. AMENDATORY 63 O.S. 2021, 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 Ex aminers for
Long-Term Care Administrators;
2. “Long-term care administrator ” means a person licensed or
certified as a nursing facility administ rator, an assisted living
facility administrator, a residential care facility administrator,
or an adult day care center administrator pursuant to Section 3 30.51
et seq. of this title Tier 1 long-term care administrator or Tier 2
long-term care administrat or under this act. A long-term care
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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;
provided 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 facilities and beds does not exceed six fac ilities 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 ”
2. “Tier 1 long-term care 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 facility
or ICF/IID an intermediate care facility for individuals with
intellectual disabilities with seventeen or greater beds (ICF/IID) ;
4. “Assisted living facility administrator ”
3. “Tier 2 long-term care administrator ” means a person
licensed or certified by the State of Oklahoma this state to perform
the duties of an administrator se rving in an assisted living
facility, residential care facility, adult day care center, or
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
intermediate care facility for individuals with intellectual
disabilities with sixteen or fewer beds (ICF/IID-16);
5. “Residential care facility administrator ” 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 administrator ” means a person
licensed or certified by the State of Oklahoma to perform t he duties
of an administrator serving in an adult day care center; and
7. 4. “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 su ch
terms are defined in the Continuum of Care and Assisted Living Act;
“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, Section 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, the Oklahoma State Board of Examiners for Long -
Term Care Administrators , to continue until the conditions of
Section 2 of this act have been met . Upon satisfaction of such
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
conditions, the Oklahoma State Board of Examiners for Long-Term Care
Administrators shall be abolished .
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 professions and institutions of
long-term care, with representation from each type of administrator
defined in Section 330.51 of this title. In order to be eligibl e to
serve as a member, such administrators shall be licensed or
certified in their defined facility type, and be in good s tanding
and have at least three (3) years of experience as an administrator
in the facility type they represent, except a nursing fac ility
administrator as defined in Section 330.51 of this title, who shall
have at least five (5) years of experience as a n ursing facility
administrator. Four members shall represent the general public, of
which at least two shall be licensed medical prof essionals concerned
with the care and treatment of critically ill or infirm elderly
patients. The preceding twelve members shall be appointed by the
Governor, with the advice and consent of the Senate. The final
three members shall constitute the State C ommissioner of Health, the
Director of the Department of Human Services, and the Director of
the Department of Mental Healt h and Substance Abuse Services, or
their designees.
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 appointe d 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, 2011.
The new members of the Board shall be i nitially appointed as
follows:
1. Four of the members representing each administrator type,
two members representing the general pub lic and two other members
shall be appointed for a term of two (2) years to expire on October
31, 2013; and
2. Four of the members representing each administrator type,
two members representing the general public and one other member
shall be appointed fo r 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 recuse himself or herself
from voting on any mat ter that originated from or involves an entity
with which the Board member is affiliated.
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 5. AMENDATORY 63 O.S. 2021, 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 certifi cations to qualified persons
as long-term care administrators , and shall establish in accordance
with qualification criteri a for each type of lon g-term care
administrator established by the State Commissioner of Health .
B. No license or certification shal l 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 chara cter; and
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 be licensed or certified to
serve as a Tier 1 long-term care administrator or T ier 2 long-term
care administrator.
C. The Commissioner shall hav e the authority to determine the
qualifications, skill, and fitness of any pers on 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 A ct, and the Adult Day Care Act. The
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Commissioner shall promulgate rules to det ermine the qualifications
for licensure or certification as a Tier 1 or Tier 2 long -term care
administrator. Such rules may, at the discretion of the
Commissioner, include a requirement for licensure instead of
certification for either or both of the tier s of long-term care
administrators.
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 current capacity under their
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 both tiers
of long-term care administrator types administrators without effect
on the licensure or certification status of those currently
certified or licensed . Until such rules are promulgated, c urrent
licensure and certification processes and standards shall remain in
place.
2. To be eligible for licensure or certification as either a
Tier 1 or Tier 2 long-term care administrator, the applicant shall
have successfully completed a training and ed ucation program
approved by the Commissioner.
3. 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
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
administrators. Until such rules are promulgated, current licensure
and certification processes and standards shall remain in place Tier
2 long-term care administrat ors.
D. The Oklahoma State Board of Examiners for Long -Term Care
Administrators shall, on or before July 1, 20 17, promulgate rules
permitting eligible applicants to
4. In addition to the requirement provided by paragraph 2 of
this subsection, to be eligi ble for licensure or certification as a
Tier 1 long-term care administrator , the applicant shall:
a. hold a baccalaureate degree from an institution of
higher education, or
b. hold an associate degree in a health - or business-
related field or other relevan t field as determined by
the Commissioner and have not less than five (5) years
of experience in upper -level management of a long-term
care facility as determined by the Commi ssioner.
E. Eligible applicants may 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.
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
F. The State Department of Health shall either:
1. Approve one or more organizations or agencies to provide
training and education programs for long -term care administrators.
Each such organization or agency shall meet such requirements as may
be prescribed by rules promulgated by the State Commissioner of
Health;
2. Offer a training and education program for long -term care
administrators conducted by the Depar tment; or
3. Both approve one or more organizations to provide training
and education programs for long-term care administrators as
described in paragraph 1 of this subsection and offer a training and
education program for long -term care administrators conducted by the
Department as described in paragraph 2 of this subsection .
G. 1. Each person licensed or certi fied 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 Administrator Revolving Fund described in Section 7 of
this act. Such fee shall be dete rmined by the Commissioner. Each
such license or certification shall expire on the thirty -first day
of December following its issuance, and shal l be renewable for a
calendar year, upon meeting the renewal requirements a nd upon
payment of the annual licens ure or certification fee.
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. In addition to licensure and certification fees, the
Commissioner may impose fees on agencies and organizations tha t
provide training and education program s.
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 described in Section
7 of this act.
H. The State Commissioner of Health shall promulgate rules to
provide for licensure or certification by endor sement of long-term
care administrators who are licensed or certified in other states
that have requirements for licensure or certification of lo ng-term
care administrators that are substantially equivalent to or greater
than the requirements of this state , as determined by the
Commissioner.
I. It shall be unlawful for any person to act or serve in the
capacity of a long-term care administrator un less the person is the
holder of a license or certificate as a long -term care
administrator, issued in accordan ce 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 6. AMENDATORY 63 O.S. 2021, Section 330.58, is
amended to read as follows:
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 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 and approve or offer training and
education programs, or both, as described in subsec tion F of Section
330.53 of this title;
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 shall 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 appropriate techniques, inc luding
examinations and investigations, for determining whether an
individual meets such standards;
3. 4. Issue licenses or certifications to in dividuals
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 suspend licenses or
certifications previously issued by the Board Department in any case
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 o ther remedies that may
be considered to be less than revocation and suspension.
Administrative fines imposed p ursuant to this section shall not
exceed One Thousand Dollars ($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. The Department may utilize one or
more administrative law judges to conduct administrative
proceedings;
4. 5. Establish and carry out procedures 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 act ion with
respect to any charge or complaint filed with the Board Department
to the effect that any individual l icensed 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 investigatio ns of the Board Department so
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 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 Administrators Department unless there
is a finding by the Board Department that the complaint has merit.
The Board Commissioner shall 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, 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 violation
thereof including, but not limited to, individuals who are
practicing or attempting to practice as long-term care
administrators without proper authorization from the Board
Department;
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
8. 9. Conduct a continuing s tudy 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 ad ministrators and
of procedures and me thods 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 comp laints;
10. 11. Develop a code of ethics for long -term care
administrators which includes, but is not limit ed to, a statement
that administrators have a fiduciary duty to the facility and cannot
serve as guardian of th e 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 administr ator;
11. 12. Report a final adverse action against a long -term care
administrator to the Healthcare Integrity and Protection Data Bank
pursuant to federal regula tory requirements;
12. 13. Refer completed investigations to the proper law
enforcement authorities 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 or the rules adopted by the
Board Commissioner. Administrative fines imposed pursuant to this
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
section shall not exceed One Thousand Dollars ($1,000.00) per
violation. The Board Department shall consider the s cope, 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 process, including
attorney fees;
15. 16. Grant short-term provisional licen ses 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
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, if, in
the course of an investigation, it is determined 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 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, minimum q ualifications; and
18. Employ such staff as may be necessary to carry out the
duties of this act.
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 7. AMENDATORY 63 O.S. 2021, Se ction 330.62, is
amended to read as follows:
Section 330.62 There is hereby created in the S tate 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 the credit of said the fund are hereby
appropriated and may be budge ted and expended by the Oklahoma State
Board of Examiners for Long -Term Care Administrators Department to
carry out the duties est ablished 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
approval and payment.
SECTION 8. AMENDATORY 63 O.S. 2021, 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. Complaint s 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
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 p eriod may be extended by the Board Department
for good cause.
B. Effective May 13, 2005, the Board Upon conclusion of an
investigation, if the Department determines that an administrator
has violated this act, the Department shall promptly serve a notice
of violation to the administrator. The notice of violation shall be
prepared in writing and shall specify the nature of the viola tion 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 his or her right to an independent inf ormal
dispute resolution conducted in accordance with Se ction 9 of this
act or a hearing conducted under subsection C of this section, or
both, and instruction on how to seek an informal dispute resolu tion
or hearing.
C. If the case is not resolved throug h the independent informal
dispute resolution process pr escribed by Section 9 of this act, the
administrator shall be afforded notice and a hearing in accordance
with the provisions of Article II of th e Administrative Procedures
Act. Any party aggrieved b y a decision of the Department following
a hearing may appeal directly to district court under Section 318 of
Title 75 of the Oklahoma Statutes.
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. Notwithstanding any other provision of this section, the
Department may order a summary suspension of an ad ministrator’s
license or certification or an Administrat or in Training (AIT)
permit if, in the course of an investigation, it is determined that
a licensee, certificate holder, or AIT candidate for lic ensure has
engaged in conduct of a nature that is detri mental to the health,
safety, or welfare of the public, and which conduct necessitates
immediate action to prevent further harm. The Department shall
immediately notify the licensee, certificate holde r, or AIT
candidate upon issuance of the order. The li censee, 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 fi le
obtained during the investigation, the information i n the
investigative file shall not be deemed to be a rec ord 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 state 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 a cquire
information obtained during an investigation, unl ess the disclosure
of the information is otherwise prohibited, if the respondent signs
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a protective order whereby the respondent agrees to use th e
information solely for the purpose of defense in the proceedings of
the Department and in any appeal therefro m and agrees not to
otherwise disclose the information.
F. The Department shall 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 registry 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
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.
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 a long-term care administrator who
the Department has determined, upon investigation, has violated the
provisions of this act an opportunity to participate in an
independent informal dispute resolution process of the case in
accordance with this section. The Department may contract with a
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
third-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 t o the informal dispute resolution provider,
if the Department contracts with a third -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
b. appoint an impartial decision -making panel to conduct
the informal dispute resolu tion as provided by
subsection C of this section; or
2. If the Department does not contract with a third -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 time
and date, and
b. appoint an impartial decision -making panel to conduct
the informal dispute resolution as provided by
subsection C of this section.
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. The impartial decision -making panel shall b e a group of six
(6) individuals who meet the following criteria:
1. Three members shall be impartial volunteers who have
experience in the operation of the same type of long -term facility
as the administrator who is the subject of the complaint. Such
volunteers may include, b ut not be limited to, an administrator,
assistant administrator, owner, operator, director of nursing , or
compliance executive of an appropriate long -term care facility, but
shall not include any person with a direct financial interest in any
facility that employs or contracts with the administrator who is the
subject of the complaint; and
2. Three members shall b e persons representing the aging or
disabled community, as appropriate for the type of long-term
facility whose administrator is the subject of t he complaint.
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 sh all present initial arguments. The
administrator shall then present his or her arguments. The informal
dispute resolution shall be limited to no more than two (2) hours in
length, with each party being permitted one (1) hour to present its
arguments; however, the impartial decision-making panel may grant
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 26 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
each party additional equal time for good cause as determin ed by the
impartial decision making -panel.
F. Rules of evidence or procedure shall not apply to the
informal dispute resolution except as provid ed in this section. The
impartial decision-making panel may:
1. Accept any information that the impartial dec ision-making
panel deems material to the issue being presented; and
2. Reject any information that the impartial decision -making
panel deems immaterial to the issue being presented.
G. The informal dispute resolution may not be recorded;
however, the impartial decision-making panel may make written or
recorded notes of the arguments.
H. 1. Only employees of or health care providers contracted b y
the facility where the administrator who is the subject of the
complaint is employed may appear or participat e in the informal
dispute resolution on behalf of the administrator , except that the
administrator may call one character witness to appear and t estify
on his or her behalf.
2. Only employees of the Department may appear or participate
at the meeting for, or on behalf of, the Department for the purpose
of presenting arguments . In addition to such employees, one or more
employees of the Department may provide technical assistance to the
impartial decision-making panel at the panel’s request. Any
employee of the Department who participates in the informal dispute
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 27 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
resolution process as described in this paragraph shall have no
current involvement in long-term care facility surveys including but
not limited to the informal dispute resolution process described in
Section 1-1914.3 et seq. of Title 63 of the Oklahoma Statutes or the
alternative informal dispute resolution process described in Section
1-1914.11 et seq. of Title 63 of the Oklahoma Statutes for long -term
care facilities.
3. The State Long-Term Care Ombudsman or designee may appear at
or participate in the informal dispute resolution .
4. No party may be represented by an attorney in the informal
dispute resolution.
I. The informal dispute resolution process is limited to
violations alleged by the D epartment in the complaint. If the
impartial decision-making panel finds that matters not subject to
the informal dispute resolution are present ed, the impartial
decision-making panel shall strike all documentary evidence related
to or presented for the p urpose of disputing the matter not subject
to the informal dispute resolution. The impartial decision -making
panel may not include in the statem ent of findings described in
subsection J of this section any matter not subject to the informal
dispute resolution.
J. Upon the conclusion of all arguments by the parties at the
informal dispute resolution, the impartial decision -making panel
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 28 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall issue a written statement of 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 occurr ed;
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. If the impartial decis ion-making panel cannot reach a
majority decision on the findings of the informal dispute resolution
as described in subsection J of this section, the State Commissioner
of Health may intervene for the purpose of breaking a tie.
L. The Department shall re view the findings of the impartial
decision-making panel and shall take such findings into
consideration when d etermining whether to pursue further
disciplinary action against the administrator.
SECTION 10. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 1 -1949.8 of Title 63, unless
there is created a duplicati on in numbering, reads as follows:
The State Commissioner of Health shall promulgate rules to
implement the provisions of this act.
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 29 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 11. AMENDATORY 51 O.S. 2021, Section 24A.3, as
amended by Section 1, Chapter 402, O.S.L. 20 22 (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:
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 regardless
of physical form or characteristic, created by, received by, under
the authority of, or coming into the custody, control o r possession
of public officials, public bodies or their representatives in
connection with the transaction of public business, the expenditure
of public funds or the administering of public property. “Record”
Record does not mean:
a. computer software,
b. nongovernment personal effects,
c. unless public disclosure is required by other laws or
regulations, vehicle movement records of the Oklahoma
Transportation Authority obtained 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 evaluating credit
worthiness, obtaining a license, permit or for the
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 30 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
purpose of becoming qualified to contract with a
public body,
e. any digital audio/video recordings of the toll
collection and safeguarding 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 product sold by or
through the Oklahoma Tourism and Recreation
Department,
g. a Department of Defense Form 214 (DD Form 214) filed
with a county clerk including any DD Form 214 filed
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 Ve hicle
Report issued by the Department 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, Sectio ns 2721 through
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 31 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2725, which are stored and maintained by the
Department of Public Safety, or
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, lists of persons
licensed, the existence of a license of a person, 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, committee, trust or any entity created by a
trust, county, city, village, town, township, district, school
district, fair board, cour t, executive office, advisory group, task
force, study group or any subdivision thereof, supported in whole or
in part by public funds or entrusted with the expenditure of publi c
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 32 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
funds or administering or operating public property, and all
committees, or subcommittees thereof. Except for the records
required by Section 24A.4 of this title, “public body” public body
does not mean judges, justices, the Council on Judicial Complain ts,
the Legislature or legislators. “Public body” Public body shall not
include an organization that is exempt from federal inc ome tax under
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended,
and whose sole beneficiary is a college or uni versity, or an
affiliated entity of the college or university, that is a member of
The Oklahoma State System of Higher Education . Such organization
shall not receive direct appropriations from the Oklahoma
Legislature. The following persons shall not be eligible to serve
as a voting member of the governing board of the organization:
a. a member, officer, or employee of the Oklaho ma State
Regents for Higher Education,
b. a member of the board of regents or other governing
board of the college or university that is the sole
beneficiary of the organization, 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 location where public
bodies conduct business or keep reco rds;
4. “Public official” means any official or employee of any
public body as defined herein; and
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 33 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. “Law enforcement agency ” means any public body charged with
enforcing state or local criminal laws and initiating criminal
prosecutions including, but n ot limited to, police departments,
county sheriffs, the Department of Public Sa fety, 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 recod ified as Section
1-1949.2 of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 13. RECODIFICATION 63 O.S. 2021, Section 330.53,
as amended by Section 5 of this act, shall be recodified 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. 2021, Section 330.58,
as amended by Sectio n 6 of this act, shall be recodified as Section
1-1949.4 of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 15. RECODIFICATION 63 O.S. 2021, Section 330.62,
as amended by Section 7 of th is act, shall be recodified as Section
1-1949.5 of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 34 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 16. RECODIFICATION 63 O.S. 2021, Section 330.64,
as amended by Section 8 of this act, s hall be recodified as Section
1-1949.6 of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
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 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, and 17 of this act shall become effective upon certification by
the State Commissioner of Health that the conditions of Section 2 of
this act have been met.
SECTION 19. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason w hereof this act shall take effect and
be in full force from and after its passa ge and approval.”
Passed the Senate the 26th day of April, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives
ENGR. H. B. NO. 2824 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 li censure
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
ENGR. H. B. NO. 2824 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 20. 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
ENGR. H. B. NO. 2824 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
ENGR. H. B. NO. 2824 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 21. 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;
ENGR. H. B. NO. 2824 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 Governo r, 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
ENGR. H. B. NO. 2824 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
assisted living centers or continuum 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 shall 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 administrator 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-
ENGR. H. B. NO. 2824 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 subject to the provisions of the Residential
Care Act, and facilities subject to the provisions of the Adult Day
Care Act;
ENGR. H. B. NO. 2824 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 and
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 financial 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 are 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
ENGR. H. B. NO. 2824 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 involvement 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 consideration, or the member is employed by an
entity that shares an owner with the entity that is under review or
consideration.
ENGR. H. B. NO. 2824 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 22. 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 23. 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 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 mor e than one ICF/IID-16,
if such facilities are located within a circle that has a radius of
ENGR. H. B. NO. 2824 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 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 duties
of an administrator serving in an assisted living facility;
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 meaning as
ENGR. H. B. NO. 2824 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 24. 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 Administrators. 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 administrator 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
ENGR. H. B. NO. 2824 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
ENGR. H. B. NO. 2824 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 25. 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.
ENGR. H. B. NO. 2824 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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.
ENGR. H. B. NO. 2824 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
ENGR. H. B. NO. 2824 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 26. 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 mee ting
the renewal requirements and upon payment of the annual license fee.
ENGR. H. B. NO. 2824 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 27. 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 28. 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;
ENGR. H. B. NO. 2824 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
ENGR. H. B. NO. 2824 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
ENGR. H. B. NO. 2824 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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;
ENGR. H. B. NO. 2824 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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;
ENGR. H. B. NO. 2824 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 29. 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
ENGR. H. B. NO. 2824 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 30. 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
ENGR. H. B. NO. 2824 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
ENGR. H. B. NO. 2824 Page 26 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
ENGR. H. B. NO. 2824 Page 27 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 .
ENGR. H. B. NO. 2824 Page 28 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 31. 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 32. 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 33. 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 34. 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 35. 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 36. 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.
ENGR. H. B. NO. 2824 Page 29 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 37. 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 38. 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 39. 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 40. 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 41. 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 42. 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 43. 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.
ENGR. H. B. NO. 2824 Page 30 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 44. 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