An Act
ENROLLED HOUSE
BILL NO. 2824 By: Kendrix of the House
and
Bergstrom of the Senate
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;
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 ENR. H. B. NO. 2824 Page 2
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
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 - ENR. H. B. NO. 2824 Page 3
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.
SUBJECT: Long-term care
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, re ads as follows:
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:
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 the Oklahoma
State Board of Examiners for Long -Term Care Administrators. ENR. H. B. NO. 2824 Page 4
D. The Director of the Office of Management and Enterprise
Services is hereby directed to coordinate the transfer of funds,
allotments, purchase orders, and outstanding financial obligations
or encumbrances as provided for in this section.
E. On November 1, 2023, all administrative rules promulgated by
the Oklahoma State Board of Examiners for Long-Term Care
Administrators shall be transferred to and become a part of t he
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 und er 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 transferre d 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 be en 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 administrat or,
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
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 bed s (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 ENR. H. B. NO. 2824 Page 5
a radius of not more than fifteen (15) miles, and the total number
of facilities and beds d oes 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
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:
ENR. H. B. NO. 2824 Page 6
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
conditions, the Oklahoma State Board of Examiners for Long-Term Care
Administrators shall be abolished .
B. The Oklahoma State Board of Exami ners 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 thi s 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.
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
ENR. H. B. NO. 2824 Page 7
2. Four of the members representing each administrator type,
two members representing the general public and on e 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 sha ll 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 membe r is affiliated.
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 Heal th.
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 applicabl e 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 ENR. H. B. NO. 2824 Page 8
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, residen tial care or adult day care
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 ENR. H. B. NO. 2824 Page 9
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 impl ement the provisions of
this section.
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 th e renewal requirements a nd upon
payment of the annual licens ure or certification fee.
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.
ENR. H. B. NO. 2824 Page 10
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 prom ulgate 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 substantial ly 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 c ertificate 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:
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 sha ll 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; ENR. H. B. NO. 2824 Page 11
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
where the individual ho lding 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
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, ENR. H. B. NO. 2824 Page 12
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;
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 ENR. H. B. NO. 2824 Page 13
Board Commissioner. Administrative fines imposed pursuant to this
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.
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 ENR. H. B. NO. 2824 Page 14
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
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.
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 ENR. H. B. NO. 2824 Page 15
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
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 ENR. H. B. NO. 2824 Page 16
accordance with this section. The Department may contract with a
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.
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 ENR. H. B. NO. 2824 Page 17
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 s hall 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
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 prov ided 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 contra cted by
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 testify
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 Dep artment 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 ENR. H. B. NO. 2824 Page 18
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 Sect ion
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 a re presented, 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 statement 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
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 viol ations occurred;
3. The facts and persuasive arguments that support the finding
of the impartial decision -making panel for each alleged violation;
and
4. A recommendation on appropriate disciplinary action against
the administrator, if any.
K. If the impartial decision-making panel cannot reach a
majority decision on the findings of the informal dispute resolution ENR. H. B. NO. 2824 Page 19
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 review 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 law 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.
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 A ct:
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 busin ess, 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 pu rpose of evaluating credit
worthiness, obtaining a license, permit or for the ENR. H. B. NO. 2824 Page 20
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 Touris m 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 Ac t,
18 United States Code, Sectio ns 2721 through
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 li censure 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 existenc e 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
ENR. H. B. NO. 2824 Page 21
j. an investigative file obtained during an inv estigation
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 creat ed 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 ex penditure of public
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 Complaints,
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 i s a college or university, 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 per sons 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
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 ENR. H. B. NO. 2824 Page 22
Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
Beverage Laws Enforcement Commission, and the Oklahoma State Bure au
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 i n 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 number ing.
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.
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 hereb y
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.
ENR. H. B. NO. 2824 Page 23
Passed the House of Representatives the 16th day of May, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 26th day of April, 2023.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________